1 General
(1) These General Terms and Conditions apply to the purchase and use of the CheckIn-CheckOut system (hereinafter referred to as the InOut system or MVVswipe) of Münchner Verkehrs- und Tarifverbund GmbH (hereinafter referred to as MVV GmbH), which acts in the name and on behalf of the transport company Busbetrieb Josef Ettenhuber GmbH. They supplement the General Conditions of Carriage, fare regulations and fares of the MVV Community Tariff as amended from time to time.
(2) MVV GmbH uses the IT service provider Mentz GmbH, Grillparzerstraße 18, 81675 Munich, and the financial company LOGPAY Financial Services GmbH (hereinafter referred to as LOGPAY), Schwalbacher Straße 72, 65760 Eschborn, to process the e-payment service (e.g. InOut service, mobile app). For this purpose, personal data required for contract processing will be transmitted to the aforementioned service providers.
(3) The collection of the payment claim for the purchased tickets is carried out by LOGPAY, to which all of these payment claims, including any ancillary claims and fees, have been sold and assigned (notice of assignment). LOGPAY is a third-party beneficiary of the following provisions. It is also authorized to collect the receivables in its own name and for its own account.
(4) Basic mode of operation: MVVswipe is a smartphone-based distribution system with automatic ex-post fare calculation. Based on location information (GPS), the smartphone recognizes a check-in initiated by the customer, the distance travelled with means of transport for which the MVV fare applies and the check-out initiated by the customer. The system then calculates the correct fare for the route traveled (depending on the zones and number of passengers) in the background based on this location data. If several journeys are made per day, a maximum fare applies (MVV community tariff, B.I.2.2.8 section 4 Para. 3). This is marked in the app under “Manage” as the “current best price of the day”. Depending on the number of journeys per day, the customer's previously created means of payment will be debited.
(5) Excluded from MVVswipe are means of transport outside the MVV tariff as well as MVV on-demand services and the mountain bus. The InOut travel authorizations are valid on the lines of the railroad companies on all surcharge-free trains (RB, RE, S-Bahn), unless these are excluded from use with travel authorizations according to MVVswipe in the timetable or by notice. If the customer leaves the MVV fare zone, this leads to the automatic termination of the travel authorization with the legal consequence of travelling without a valid ticket. This may result in further claims by the transport company (in particular the levying of an increased transport charge) if the customer does not have an additional ticket. InOut travel authorizations are only valid for 2nd class.
(6) The language applicable to the conclusion and performance of the contract is German. The German version of the General Terms and Conditions and the Privacy Policy shall apply. In the event of a conflict between the German and English language versions, the German version shall take precedence.
(7) A confidential partnership is agreed between MVV GmbH and the test person for the duration of the beta test. The publication or forwarding of information, graphic elements (e.g. screenshots or videos) or content is not permitted without the prior consent of MVV GmbH.
2. Registration (opening a customer account)
(1) In order to be able to purchase tickets or travel authorizations in the InOut system of MVV GmbH, the customer must provide the following data truthfully and completely in German or English before the check-in process:
(2) The opening of a customer account for MVVswipe is only permitted if the customer is of legal age and has unlimited legal capacity.
(3) The access data, including the password, must be kept secret by the customer and not made accessible to unauthorized third parties. It is also the customer's responsibility to ensure that access to and use of the available service (InOut system) is carried out exclusively by the customer. If there is reason to fear that unauthorized third parties have gained or will gain knowledge of the access data, MVV GmbH must be informed immediately. The same applies to unauthorized use of MVVswipe. The customer shall be liable for any use and/or other activity carried out using the access data or unauthorized access in accordance with the statutory provisions.
(4) The customer undertakes to change the data essential for the contractual relationship (in particular address and payment method) immediately in his personal login area in the event of changes. If the customer fails to comply with this obligation to provide information, LOGPAY shall be entitled to charge the customer for any additional expenses incurred as a result.
(5) By registering for MVVswipe, the customer accepts these General Terms and Conditions and the Privacy Policy (checkbox).
(6) During the registration process, the customer can voluntarily agree to the use of personal data for the continuous improvement and further development of the system (market research) and user-friendliness (optional checkbox).
3. Purchase and use of travel authorizations or tickets in MVVswipe
(1) In the course of the booking process, but before check-in, the customer can enter the data for the journey, including further details (e.g. passengers), if required. The customer places a binding, payable order to purchase an InOut ticket by dragging or “swiping” the swipe button to the right (“check-in”). By checking in, the customer accepts these General Terms and Conditions and the Privacy Policy. The offer to purchase the InOut ticket is accepted by MVV GmbH by providing the travel authorization according to the MVV tariff in the app in the form of a barcode. With this travel authorization, the customer is generally entitled to use all means of transport to which the MVV tariff applies in the entire MVV tariff area. The passenger concludes the transportation contract with the transport company or companies whose vehicle he/she uses.
(2) In order to be able to purchase electronic travel authorizations in MVVswipe via the app, the following conditions must be met by the passenger:
(3) The InOut ticket must be purchased before the start of the journey. This also applies to any passengers (e.g. children). The corresponding travel authorization is valid immediately upon provision of the barcode. A successfully completed check-in process and thus the validity of the travel authorization are shown as a barcode on the display of the mobile device by the app. In addition, the customer can call up the barcode for the active check-in in the app under the menu item MVVswipe. If the check-in process is not possible for technical reasons, this will be indicated accordingly on the display of the mobile device by the app. InOut tickets purchased after the start of the journey will not be recognized. In accordance with the applicable conditions of carriage and fare regulations of the MVV joint tariff, the user may be charged an increased transportation fee in these cases.
(4) The travel authorization is valid until the customer swipes the swipe button on the app screen to the left (“check-out”). The travel authorization must be valid during the entire journey (first boarding and alighting from the last means of transport) and within the specially marked operating facilities (e.g. restricted area of subway stations and S-Bahn stations). If the customer has to change trains in order to continue their journey, it is not necessary to check out and check in again when changing trains. The customer is responsible for completing the check-out process in good time. Additional costs incurred by a customer as a result of not checking out on time or checking out too early (e.g. before leaving the restricted area) are not eligible for compensation. If the customer wishes to carry out a check-out, the customer can check whether the correct final stop has been recognized and, if necessary, search for nearby stops or adjust them manually. The check-out is carried out using the “swipe gesture” on the screen described above. The successful check-out is displayed in the app. The app also shows which ticket and which price (e.g. day ticket M-2) is currently being used by the customer based on the underlying journey data.
(5) If MVVswipe recognizes by means of the sensors installed in the mobile device that the customer is presumably no longer on the journey and the customer has not yet carried out the check-out process, the InOut system shall report this by means of a warning on the mobile device and inform the customer that he/she may have forgotten the check-out process. In order for the warning to be displayed, the customer must allow notifications on their mobile device. The check-out process remains the responsibility of the customer. If the check-out warning appears at the wrong time or not at all, this has no effect on the customer's responsibility to carry out the check-out process at the correct time. The maximum journey time on the MVV is 300 minutes from the start of validity, and the system will automatically check out if the customer has not checked out independently within this time.
(6) The InOut ticket is not transferable to other persons and is only valid in conjunction with a control medium (valid photo ID) issued to the person specified as the user in the travel authorization. In the case of shared rides (e.g. additional adults), the person specified on the travel authorization must always travel with the passenger. For security reasons, an InOut travel authorization is linked to the terminal device used at check-in. The InOut travel authorization can only be used with the terminal device to which the ticket is linked. It is not possible or permitted to transfer the purchased InOut tickets to another mobile device for use by the customer.
(7) The InOut ticket and a valid control medium must be carried at all times during the journey or in the operating facilities for control purposes and must be presented to the control personnel for inspection on request. The InOut ticket must be kept active at all times on the customer's operational mobile device during the journey and, in particular, the GPS signal, including mobile data transmission, must be permanently activated. If the GPS authorization is deactivated during the journey, the system will immediately check-out and withdraw the travel authorization. System settings that may restrict the location functionality in the MVV app (e.g. energy-saving settings) are not permitted during the active usage time of MVVswipe. At the ticket inspection, the customer must present the mobile device with the travel authorization (barcode) shown on the display with the backlight activated when requested to do so by the inspection staff. Other documents (e.g. screenshots) are not recognized as valid tickets. The customer is responsible for the operational readiness of the mobile device, for the necessary precautions against misuse and for displaying the complete text content of the InOut ticket. If the customer is unable to present an InOut ticket at the ticket inspection (e.g. due to technical faults with the mobile device or an empty battery, etc.), this shall be deemed to be a journey without a valid ticket in accordance with the provisions of the MVV joint tariff. In the event of non-availability, incorrect or incomplete transfer of the travel authorization, the customer is obliged to purchase a valid ticket elsewhere before starting the journey. In the event of a subsequently incorrect double booking, the customer can contact the following address:
Münchner Verkehrs- und Tarifverbund GmbH (MVV)
Thierschstraße 2
80538 Munich
E-mail: kundendialog-swipe@mvv-muenchen.de
(8) In case of a subsequent submission in the event of a complaint, § 9 paragraph 6 of the transportation and fare regulations of the MVV joint tariff applies accordingly.
(9) Refunds and returns of InOut tickets are excluded. See also sections 4 and 5.
(10) MVV GmbH does not assume any guarantee for the availability of the InOut system for the purchase of InOut tickets.
4. Calculation of the ticket price for MVVswipe
(1) The ticket price of an InOut ticket is based on the applicable transportation and fare regulations of the MVV joint tariff. The distance traveled is determined in the InOut system using GPS tracking. Tracking starts after confirmation of the start of the journey (check-in) and delivery of the barcode to the app. Tracking ends when the customer manually checks out (ends the journey). The calculation modalities are specified in the fare conditions. If the customer does not perform a manual check-out, tracking will continue. Tracking will only end automatically when 300 minutes have been exceeded or after leaving the area of validity described in section 4, paragraph 5. Up to this point, the distance traveled will be calculated.
(2) In order to use the InOut ticket, it is essential that GPS tracking, including mobile data usage, is activated in the respective mobile device (smartphone) during the entire journey. If GPS tracking/mobile data usage is switched off, the journey will be terminated and the travel authorization will expire with the legal consequence of driving without a valid ticket. This may result in further claims by the transport company (in particular the levying of an increased transport charge).
(3) The customer must ensure that the mobile device is in operation and mobile data transmission is activated during the entire period of use (route). Any technical unavailability of the mobile device shall be borne by the customer.
(4) The customer must ensure that all data entered manually (in particular the start and end point of the journey, information on passengers or other information relevant to the price calculation that is requested in the app) is truthful. If the customer notices errors or incorrect entries subsequently, he/she must inform MVV GmbH immediately in text form so that MVV GmbH can arrange for a correction to be made.
(5) The area of validity of the InOut tickets purchased is based on the underlying fare conditions, which can be viewed at www.mvv-muenchen.de.
(6) The technical requirements for the use of MVVswipe and the purchase of InOut tickets can be found in MVVswipe's privacy policy (here).
(7) Payment must be made to the financial company. Any telecommunication costs incurred during the ordering process and the use of the InOut system shall be borne by the customer. If the customer has deposited their credit card or PayPal as a means of payment when purchasing an InOut ticket, LOGPAY will automatically authorize ten (10) euros as security on the first “check-in” of the day (see also section 7).
5 Cancellation and refund of InOut tickets
(1) It is not possible to cancel, return or revoke a journey once it has started, as InOut tickets are valid for use immediately after check-in. However, the customer has the option of ending the journey at any time by checking out. In this case, the journey is charged from the starting point to the end point of the journey. If a check-out is made at the start stop, i.e. before the start of the journey, no journey will be charged.
(2) Refunds are generally excluded. If the customer discovers after the journey that the InOut system has charged an incorrect fare or an increased fare has been charged due to an operational fault, the customer must report this within 14 days of the end of the journey via the contact options in the app or by email to kundendialog-swipe@mvv-muenchen.de. If customer service establishes that the customer was charged an incorrect price through no fault of their own, the difference to the correct price will be refunded.
(3) In such cases, MVV GmbH has a period of 30 days to check the evidence and process the refund request. In difficult cases, this period may be extended by MVV GmbH to a maximum of 90 days. In order to comply with the legal requirements for data storage, personal data (transaction data) will be deleted within the legally prescribed periods. Further details can be found in the privacy policy (here). Refunds are excluded after deletion of the data.
(4) If MVV GmbH identifies errors in the billing based on analyses carried out in the background system, the billing shall be corrected without being requested to do so and the customer shall be informed of this immediately. The corrections shall be made by the financial service provider LOGPAY to the currently stored payment medium.
6 Termination of the customer account
(1) The customer may terminate his/her MVVswipe customer account with MVV GmbH at any time without observing a notice period, either electronically by e-mail to kundendialog-swipe@mvv-muenchen.de or in writing. Outstanding claims against the customer (e.g. billing for unpaid journeys) shall remain unaffected by the termination. MVV GmbH may terminate the customer account at any time in writing or by e-mail to the e-mail address provided by the customer, subject to a 14-day notice period. Ordinary termination shall also take place if the customer has not purchased any tickets within two years and has not made any changes to his contract data.
(2) MVV GmbH shall be entitled to extraordinary termination of the customer account with immediate effect in particular if
Paragraph 1 shall apply accordingly to the form of extraordinary termination.
(3) Once the termination takes effect, no more InOut travel authorizations or InOut tickets resulting therefrom can be purchased or used with immediate effect.
(4) MVV GmbH shall be entitled to irretrievably delete all data generated in the context of use upon expiry of 30 calendar days after the termination takes effect and after expiry of any statutory retention periods.
(5) Outstanding claims against the user (e.g. billing for unpaid journeys) shall remain unaffected by the termination of the customer account.
7 Payment methods and invoicing
(1) In addition to the conditions described above, the following regulations apply to the payment of the booked ticket. All payment methods are only available to persons over the age of 18 with full legal capacity.
(2) The customer can choose between the following payment methods for orders in MVVswipe:
Other payment methods are excluded. MVV GmbH reserves the right to change the selection of payment methods. The customer is not entitled to use a specific payment method.
(3) During the first check-in process of a day, a reservation amount of ten (10) euros shall be deposited on the means of payment deposited by the customer in accordance with section 4, paragraph 7. As soon as the journeys have been completed, the daily price will be charged. If this amount is more than ten (10) euros, the reservation amount and the remainder will be debited. If the amount is less than ten (10) euros, only the actual daily price will be debited.
8 Collection
(1) The collection of the claim via SEPA direct debit or credit card is usually carried out by LOGPAY within the next five (5) bank working days after the purchase of the ticket. The debiting of the account or credit card depends on the processing of the customer's payment service provider. The overview of ticket purchases made (hereinafter also referred to as the “sales overview”) contains individual proofs of purchase and can only be viewed and accessed electronically via the MVV app by registered customers.
9. Payment by SEPA Direct Debit Scheme
(1) If the SEPA direct debit procedure is selected, the customer's personal data (first name, surname, address, date of birth and e-mail address) and an account details within the European Union are required for the clear allocation of a payment for a purchased ticket. This payment method can only be used with prior registration for MVVswipe (opening of a customer account) in the MVV app of MVV GmbH. By selecting this payment method, the customer authorizes LOGPAY to collect payments from their specified account by SEPA direct debit with their consent to these General Terms and Conditions. At the same time, he instructs his payment service provider to honor the direct debits drawn by LOGPAY on his account. The customer is advised that he/she may request reimbursement of the debited amount within eight (8) weeks, starting from the debit date. The conditions agreed with his payment service provider shall apply. In the event that the customer is not the account holder of the specified account, the customer shall ensure that the consent of the account holder for the SEPA direct debit has been obtained.
(2) The customer undertakes to provide all account details required for participation in the SEPA Direct Debit Scheme (in particular account holder, International Bank Account Number (IBAN)) and to enter them in the form provided for this purpose in the MVV app. In the SEPA Direct Debit Scheme, the customer receives a pre-notification from LOGPAY about the collection date and amount. The customer shall receive the prenotification at least two (2) days before the claim is collected. The prenotification shall be sent electronically with the order confirmation to the e-mail address provided.
(3) The customer must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit is returned by the payer without justification or if the collection of the claim from the payer's payment service provider fails for reasons for which the payer is responsible - in particular due to insufficient funds, incorrect or invalid account data or objection - the payer is obliged to ensure sufficient funds or to remedy the reason for the payment disruption so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LOGPAY is entitled to claim further damages for default.
(4) By agreeing to these General Terms and Conditions, the customer waives the right to obtain a written SEPA direct debit mandate. The waiver shall be declared by the customer to the customer's payment service provider, the creditor's payment service provider and the creditor. The customer agrees to the waiver being passed on to the aforementioned parties.
(5) If the customer is not the account holder, the customer is obliged to forward the mandate reference number to the account holder.
10 Payment by credit card
(1) Payment for purchased tickets by credit card is only possible with Visa, MasterCard and AMEX. Other credit card types are currently not accepted.
(2) During the ordering process, the following credit card details of the customer are recorded
and transmitted to the LOGPAY server for debt collection.
(3) LOGPAY's system checks the credit card data provided by the customer for accuracy and any blocking notices of the respective credit card issuer. In the event that the customer is not the holder of the credit card provided, the customer shall ensure that the cardholder's consent has been obtained for the debit. The customer must also ensure that the specified credit card is not blocked and has a sufficient limit. If the authorization fails for any reason, the customer will receive a corresponding error message.
(4) If the amount of the claim is not known before the start of the journey, a standardized amount will be authorized. For InOut tickets, the amount is ten (10) euros, which is due for the first journey of the day. As soon as the amount of the claim due is determined, the credit card is charged with the amount of the claim due and the remaining authorized amount expires. The customer's purchase offer can only be accepted if the authorization is successful. If the amount due exceeds the authorized amount, the difference due will be debited by a second transaction.
(5) The time of debiting the customer's account is determined by the respective credit card agreement between the customer and his payment service provider.
(6) If the customer's payment service provider supports the “3D Secure procedure” (Verified by Visa / MasterCard® SecureCode™), this is used to increase security against misuse for payment by credit card. If the customer's payment service provider does not support the 3D Secure procedure or does not consider it necessary to carry out the 3D Secure procedure, the check will not be carried out.
(7) The customer must ensure that the claim can be collected via the credit card. If the customer unjustifiably initiates a charge back (return of the amount) or if the collection of the claim fails for reasons for which he is responsible, he is obliged to ensure sufficient funds or to remedy the reason for the payment disruption so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LOGPAY is entitled to claim further damages for default.
11 Payment via PayPal
(1) To pay via PayPal, the customer selects PayPal as the payment method. He will then be directed to the PayPal site where he enters the required data. As a non-registered customer, the customer confirms the payment. As a registered customer, the customer concludes a billing agreement with LOGPAY, under which the customer's PayPal account is debited with the receivables due. The purchase offer of the non-registered or registered customer can only be accepted if the PayPal account is successfully debited. The customer receives either a confirmation or a rejection. If the amount of the claim is not fixed before the start of the journey, a standardized amount is authorized. The amount for InOut tickets is ten (10) euros, which is due for the first journey of the day. As soon as the amount of the claim due is determined, the PayPal account is debited with the amount of the claim due and the remaining authorized amount expires. The customer's purchase offer can only be accepted if the authorization is successful. If the claim due exceeds the authorized amount, the difference due will be debited by a second transaction.
12 Payment via Apple Pay
(1) To pay via Apple Pay, the customer must have a payment medium stored in their Apple Wallet. To pay via Apple Pay, the customer selects Apple Pay as the payment method in the app. At the start of the journey, the customer must confirm a reservation amount set in advance by MVV. The fare determined at the end of a billing cycle (maximum fare in accordance with section 1, paragraph 4) is automatically collected by LOGPAY.
13 Payment via Google Pay
(1) To pay via Google Pay, the customer must have a payment medium stored in their Google Wallet. To pay via Google Pay, the customer selects Google Pay as the payment method in the app. At the start of the journey, the customer must confirm a reservation amount set in advance by MVV. The fare determined at the end of a billing cycle (maximum fare in accordance with section 1, paragraph 4) is automatically collected by LOGPAY.
14 Liability
(1) MVV GmbH shall only be liable without limitation for damages suffered by the customer if these are attributable to intentional or grossly negligent conduct on the part of MVV GmbH. In the event of slightly negligent breaches of duty, the customer contract partners shall only be liable in the event of a breach of one of their essential contractual obligations (cardinal obligation). In this case, liability shall be limited to the direct damage to the customer that is typical for the contract and foreseeable at the time the contract was concluded. This shall also apply to breaches of duty by legal representatives and/or vicarious agents of MVV GmbH. Liability for culpable injury to life, limb or health shall remain unaffected by this limitation of liability.
(2) The limitation of liability in paragraph 1 shall also apply mutatis mutandis in favor of the employees and vicarious agents of the customer contractual partners.
(3) MVV GmbH expressly points out that the contractual partner of the actual transportation contract is the transport company whose vehicle the customer is using. Transportation shall be provided exclusively in accordance with the tariff and transportation regulations of the participating associations or the company providing the transportation service. Accordingly, any warranty and/or liability on the part of MVV GmbH for any damage, complaints or claims by the customer with regard to the services received under the transportation contract with a transport company providing transportation shall be excluded. In such cases, the customer must contact the transport company directly.
(4) MVV GmbH does not guarantee that the InOut function will function permanently, uninterruptedly and without disruption. An interruption or malfunction of the InOut function can lead to the temporary impracticability of purchasing the electronic travel authorization. There shall be no claim for compensation against MVV GmbH for damages resulting from such unavailability. The customer must check the validity of his/her travel authorization before starting the journey; in case of doubt, a ticket must be purchased via other sales channels.
(5) Claims for liability under mandatory national law remain unaffected.
(6) These regulations apply without prejudice to the general regulations on the liability of transport companies in the context of transportation.
(7) For the use of InOut travel authorizations and the resulting tickets, it is necessary to use technical systems and services of third parties. The transport companies, MVV GmbH and their service providers assume neither warranty nor liability for end devices, software programs, transmission paths, telecommunications and other third-party services. They accept no liability for incorrect or failed transmission of the ticket, unless the error lies within their respective area of responsibility.
(8) All correspondence must be addressed to MVV GmbH.
Münchner Verkehrs- und Tarifverbund GmbH (MVV)
Thierschstrasse 2
80538 Munich
15. Blocking
(1) If the customer discovers misuse of his customer account, he is obliged to report this immediately by e-mail to kundendialog-swipe@mvv-muenchen.de or via the MVV customer telephone (089 / 41 42 43 44). Until receipt of the report, the customer shall be liable for the claims incurred up to that point. MVV GmbH shall support the customer after receipt of the report during its business hours by immediately blocking the customer's account for the use of the InOut system.
(2) If a transport company or service provider detects misuse, the customer account shall be blocked immediately. The IT service provider will send the blocking notification by e-mail. Every ticket purchase or use of services made with the customer account shall be deemed to have been initiated by the customer until the time of blocking.
(3) In the event of a payment default of any kind, irrespective of the selected payment method, the customer's account will be blocked until the payment claims have been settled. In this case, the customer shall be informed of the blocking by the financial service provider in a reminder letter. In this case, the customer may incur costs, such as reminder fees.
16. Market research
MVVswipe implements a new technology for recording travel data for ex-post fare calculation. MVV GmbH can carry out market analyses (market research) to continuously improve and further develop the system and its user-friendliness. The customer is approached as a voluntary call either in the app or via the e-mail address voluntarily released for market research purposes during registration.
17 Legal requirements for dispute resolution
(1) MVV GmbH provides information in accordance with § 36 f. Consumer Dispute Resolution Act (VSBG) that it does not currently participate in dispute resolution proceedings before a consumer arbitration board.
(2) The EU Commission's online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.
18. Final provisions
(1) The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant or resides outside Germany, Munich is agreed as the exclusive place of jurisdiction.
(2) Should any provision of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining contract as a whole.