General Terms and Conditions Mainzer Mobilität AppValid from 19.07.2021

1. Scope of the General Terms and Conditions

1.1 These General Terms and Conditions (hereafter referred to as “GTC”) apply to both the use of the “Mainzer Mobilität” app and the purchase of tickets for local public transport services in the area covered by the Rhine-Main Transport Community via the “Mainzer Mobilität” app. 

Mainzer Verkehrsgesellschaft mbH, hereafter referred to as MVG, is the operator of the “Mainzer Mobilität” app and can be reached under the following contact details:  

Mainzer Verkehrsgesellschaft mbH

Bahnhofplatz 6A
55116 Mainz

Phone: 06131/12 7777
Mail: verkehrscenter@mainzer-mobilitaet.de
Internet: www.mainzer-mobilitaet.de

Managing Director: Jochen Erlhof, M. Eng.
Court of registration: Mainz Local Court, registration number: HRB 7351

1.2 With the purchase of a ticket, the user can acquire an entitlement to the conclusion of a contract relating to the provision of a transportation service (transportation contract) within the Rhine-Main Transport Community and the Mainz Wiesbaden Transport Community. These GTC do not apply to the transportation services. The respective transport operator providing the transportation services is the contracting partner of the transportation contract. Should the user change vehicles during their trip across transport communities, the user may enter into several transportation contracts with the respective transport operator providing the transportation service. The transportation contract is not brought about with the purchase of a ticket, but only when the respective means of transportation is used.


1.3 The terms of transportation and the special terms specified below apply at the point of time the purchase contract for the tickets is concluded and at the point of time the transportation service is used: 


- the fare regulations of the Rhine-Main transport operators cooperating in the Rhine-Main Transport Community
- the Joint Terms of Transportation of the Rhine-Main Transport Community 
- the Special Terms of Transportation of Verkehrsverbund Mainz-Wiesbaden GmbH (VMW)


as amended.


1.4 Where MVG collects data for marketing purposes, the company ensures that the storage, processing and erasure of such data are in compliance with data protection law. You can find further information in our data privacy policy which you can retrieve in the “Mainzer Mobilitaet” app and at https://www.mainzer-mobilitaet.de/fahrplaene/app/datenschutzbestimmungen.

2. App utilisation contract


2.1 In order to purchase tickets via the “Mainzer Mobilität” sales service, the user has to download and install the “Mainzer Mobilität” app. The “Mainzer Mobilität” app is available free of charge in the App and Play Store. Each user can only open one user account. The “Mainzer Mobilitaet” app can be installed and used on a web-enabled mobile terminal device which must have an Android or iOS operating system. MVG is not obliged to provide internet access. The user him-/herself has to bear the telecommunication costs arising from the utilisation of the “Mainzer Mobilität” app. 


2.2 Only persons who have attained the age of 18 years at the time of registration can register. Users are obliged to provide true and correct personal data. The user is responsible for the correctness, quality and integrity of the data provided. MVG is not obliged to verify the data furnished by the user.


2.3 After downloading the “Mainzer Mobilität” app, the user has to register. Registration is made via the “Mainzer Mobilität” app. For registration, the user has to enter his/her full name, date of birth and an email address. After verification of the email address (by clicking on the link sent in the verification mail), the user can store his/her address and the method of payment selected (SEPA direct debit, credit card [VISA, MasterCard, AmericanExpress] and PayPal, if applicable). While the data are being stored, the credit standing of the method of payment is checked. If the information provided is not stored, the details relating to the method of payment will be erased later on, or if the credit standing check is unsuccessful, no tickets can be purchased via the “Mainzer Mobilität” app.


2.4 The user has to set a password for registration.


2.5 For all payment transactions, MVG uses the e-payment services of LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn, hereafter referred to as “LogPay”. You can find the more detailed terms in Section 5.


2.6 The user has to accept the applicability of these GTC. The user can subscribe to the MVG newsletter as an option.


2.7 The user is not allowed to grant any third party access to the user’s account. Should the user become aware of any misuse of his/her user account, the user is obliged to notify MVG thereof without undue delay.  


2.8 Upon the completion of the user’s registration and the opening of the user account, a contract between MVG and the user (app utilisation contract) is concluded for the utilisation of the “Mainzer Mobilität” app. With the conclusion of the utilisation contract, the user acquires the non-exclusive, non-transferable and non-sublicensable right to utilise the “Mainzer Mobilität” app during the term of this utilisation contract. 


2.9 In the “Mainzer Mobilität” app, the user can manage his/her data and change them at any time. In the event of any changes of the user’s data, the user undertakes to accordingly change the data essential for the contractual relationship (including but not limited to the user’s address and method of payment) immediately in his/her personal log-in area. Should the user fail to fulfil his/her duty of information in the event of a change of the method of payment or the user’s address, LogPay shall be entitled to charge the user for the extra expenses LogPay incurred due to such failure.

3. Termination of the app utilisation contract / Uninstalling the “Mainzer Mobilität” app


3.1 The app utilisation contract is concluded for an indefinite period of time. 


3.2 The user can terminate the app utilisation contract at any time without complying with a period of notice. Notice of termination can be given to MVG. Text form shall suffice for the notice of termination. The user’s ordinary termination of the app utilisation contract will lead to the user’s account being blocked. The “Mainzer Mobilität” app will not be uninstalled due to the termination.


3.3 The user can uninstall the “Mainzer Mobilität” app at any time. If the user only uninstalls the “Mainzer Mobilität” app and does not additionally terminate the app utilisation contract as defined under 3.2 above, the app utilisation contract continues to exist. When installing the “Mainzer Mobilität” app again, the user can log in with his/her registration data.


3.4 This shall not affect MVG’s right of extraordinary termination of the app utilisation contract. MVG is entitled to extraordinary termination of the app utilisation contract, if the user


- furnishes incorrect data when creating his/her user account;
- holds several user accounts;
- via his/her user account accesses or tries to access the networks of the “Mainzer Mobilität” app through the use of malware and thus affects or tries to affect the integrity or performance of the “Mainzer Mobilität” app or interferes or tries to interfere with the data of third parties;
- grants unauthorised third parties access to his/her user account.


3.5 An extraordinary termination will result in the immediate blocking of the user’s account. Tickets already purchased will cease to be valid. MVG is not obliged to refund the purchase price.


3.6 The user is not entitled to demand unlimited availability of the “Mainzer Mobilität” app. MVG is entitled to discontinue the operation of the “Mainzer Mobilität” app at any time.  

4. Special terms and conditions relating to the sale of tickets via the “Mainzer Mobilität” app


4.1 After the successful completion of a ticket purchase, the ticket purchased is sent directly to the user’s account in the “Mainzer Mobilität” app installed on the user’s smartphone. MVG is only obliged to submit the data set associated with the electronic ticket. MVG expressly states that the data set associated with the ticket is submitted via the user’s mobile service provider and that such mobile service provider owes the proper, trouble-free and prompt transmission of data. 


4.2 For ticket inspection, it must be possible to retrieve and display each ticket purchased on the display of the user’s smartphone. Should scrolling be required in order to completely display the ticket, the ticket inspector is authorised to scroll the ticket on the user’s smartphone. The user is responsible for the full serviceability of his/her smartphone and the display of the ticket on his/her smartphone. Upon the request of the ticket inspector, the user is obliged to produce an official photo ID during ticket inspections. 


4.3 If during a ticket inspection the user is unable to show his/her ticket because of a malfunction of his/her smartphone (e.g. empty battery, technical defect), the user’s trip will be deemed a trip without a valid ticket. 


4.4 Any tickets purchased via the “Mainzer Mobilität” app are assigned to the smartphone they were purchased with. Should the user change his/her smartphone and install the “Mainzer Mobilität” app on another smartphone, the “Mainzer Mobilität” app detects that it is a new device and gives the user the possibility to use this smartphone as a new primary device. Should the user agree, the tickets purchased will be located on the new smartphone. For this purpose, the user has to log in with his/her access data on both devices. Afterwards, the transfer can be carried out. The change of a primary device is possible only once within 24 hours.

5. How to purchase a ticket


5.1 The following tickets can be purchased via the “Mainzer Mobilität” app:

 

- Single ticket for adults, single ticket for children;
- Short-distance ticket for adults, short-distance ticket for children;
- Day ticket for adults, day ticket for children;
- Multi-journey ticket for adults, multi-journey ticket for children.


The terms and conditions applying to the various tickets are based on the pricing regulations of the Rhine-Main Transport Community (RMV). Single tickets and short-distance tickets are only valid for the immediate start of the trip.


5.2 The user has to purchase the ticket before starting the trip and has to verify that he/she received a complete ticket for the reasons stated in Section 4.2 and 4.3 above. 


5.3 The user can select a ticket via the connection search. By clicking on the price shown in the connection information, the user is given an overview of all tickets available in the “Mainzer Mobilität” app for the connection selected. By clicking on a ticket, the user is given an overview of the departure and destination locations, the ticket selected, the price, the validity period of the ticket and information about the RMV mobile phone ticket. The ticket price shown includes the VAT.


5.4 After the selection of his/her ticket, the user is given a summary of the ticket purchase by clicking on the “Next” button. The summary contains the name of the ticket holder, the selected trip, the purchase price, the selected method of payment and information about the RMV mobile phone ticket.


5.5 The ticket selected by the user constitutes MVG’s offer to conclude a purchase contract for the ticket selected. By submitting his/her order through a click on the button “Purchase for ticket price”, the user accepts the offer for the purchase of the ticket. Provided that the credit standing check has been successful, the mobile phone ticket is displayed immediately afterwards in the app.


5.6 Via the “Tickets” button, the user can have the purchased tickets displayed at any time. Validated and expired tickets can be viewed for one year via the “Expired” button. The individual tickets contained in the multi-journey ticket can be retrieved via the button “Valid tickets” and can be used for the conclusion of individual transportation contracts through the selection of a route.


5.7 Tickets cannot be cancelled or exchanged. 


5.8 It is possible to purchase tickets for third parties. For this purpose, the name of the ticket holder has to be changed before the purchase. If the user buys tickets for third parties, he/she is obliged to inform such third parties about these GTC and their applicability. 

6. Payments


6.1 The payments due for the tickets purchased are collected by LogPay. All of these payables including any incidental charges and fees are sold and assigned to LogPay (notice of assignment). LogPay is authorised to collect payments in its own name and for its own account.

In order to ensure that payments can be made via e-payment service, the user is obliged provide to provide the true, correct and complete information described in Section 2.3 above. 


All methods of payment specified can only be used by persons of full legal capacity aged 18 years and over. 

The user can choose one of the following methods of payment:


- Payment via SEPA direct debit
- Payment by credit card (Visa, MasterCard or American Express)
- Payment via PayPal

Any other methods of payment are excluded. The user is not entitled to demand that one specific method of payment among the methods of payment listed be used.


Furthermore, the user is obliged to provide his/her banking details with IBAN should the user select SEPA direct debit as a method of payment, or the credit card details if payment by credit card is selected.


6.2 Collection of payments with SEPA direct debit and credit card: 


LogPay usually collects the payments due via SEPA direct debit or credit card within five banking days following the purchase of the ticket. When the user’s bank or credit card account is charged depends on the processing by the user’s payment service provider. The overview of the tickets purchased (hereafter also referred to as “Transaction overview”) contains proof of the individual tickets purchased and can only be viewed and retrieved via the app by the registered customer. In addition to this, the user receives an invoice after each purchase, which is sent to the email address stored in the user’s profile.


6.3 Payment by SEPA direct debit:


When SEPA direct debit has been selected, the user’s personal data (first and last name, address, date of birth and email address) and an account with a bank located in the European Union are required for the clear allocation of a payment for a purchased ticket. When selecting this method of payment, the user, by accepting these General Terms and Conditions, authorises LogPay to collect payments from his/her bank account via SEPA direct debit. At the same time, the user instructs his/her payment service provider to pay the direct debits made by LogPay. The user is hereby informed that he/she can request the refund of the amount debited within eight weeks from the date on which the amount was debited. In such case, the terms agreed between the user and his/her payment service provider apply. In case the user is not the holder of the account specified, the user shall ensure that the account holder has given his/her consent to SEPA direct debit.


The user undertakes to provide all banking details required for SEPA direct debit (especially the account holder’s name and the International Bank Account Number -IBAN) and to enter these in the form provided for this purpose in the “Mainzer Mobilität” app. When using SEPA direct debit, the user receives a prenotification from LogPay specifying the date of collection and the amount that will be debited. The user receives the prenotification at least two days before the amount due is debited. The prenotification will be transmitted electronically with the order confirmation and submitted to the user’s email address.

The user has to ensure that sufficient funds are available on the bank account stated so that the amount due can be collected by SEPA direct debit. Should the payer unjustifiably return a SEPA direct debit or should the collection of the amount due from the user’s payment service provider fail for reasons the user is responsible for – including but not limited to insufficient funds, incorrect or invalid bank account details or objection – the user is obliged to make sufficient funds available or to remedy the cause of the payment difficulties, so that in addition to the outstanding amount the third-party charges of the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages because of the delay.


By accepting these General Terms and Conditions, the user waives a written SEPA direct debit mandate. The user declares such waiver with regard to the user’s payment service provider, the creditor’s payment service provider and the creditor. The user agrees with the waiver being forwarded to the aforementioned parties. Should the waiver cease to exist or be ineffective, the user is obliged to furnish a written direct debit mandate without undue delay. For this purpose, an email sent to sepa@logpay.de shall suffice, by which the user requests the SEPA direct debit mandate form. The user will then receive the SEPA direct debit mandate form which the user has to complete, sign in his/her own hand and return by post to LogPay. If the user is not the holder of the bank account, the user is obliged to forward the unique mandate reference number to the holder of the bank account.


6.4 Payment by credit card:


Payment of the tickets purchased by credit card is only possible with VISA, MasterCard and AmericanExpress. Other credit card types will not be accepted.


When the user orders tickets, the following data of the user’s credit card are collected: 


- First and last name of the credit card holder
- Credit card type (Visa, MasterCard or AmericanExpress)
- Credit card number
- Expiration date of the credit card
- CV code of the credit card

and transmitted to LogPay’s server for the collection of any amounts due.


LogPay’s system checks the credit card data entered by the user for correctness and blocks, if any, by the credit card issuer.  In case the user is not the holder of the credit card specified, the user shall ensure that the credit holder’s consent for the charge of his/her credit card has been obtained. The user shall further ensure that the credit card specified has not been blocked and has a sufficient credit limit. Should authorisation fail for whatever reason, the user will receive an according error message. 

The user’s credit card contract with his/her payment service provider determines when the amount due will be debited to the user’s account. 

If the user’s payment service provider supports 3D Secure authentication (Verified by Visa / MasterCard® SecureCode™), this protocol will be used in order to improve the security of credit card payments and prevent misuse. If the user’s payment service provider does not support 3D Secure authentication or should consider such authentication unnecessary, this protocol will not be used. 


The user has to ensure that the amount due can be collected via the credit card. Should the user unjustifiably initiate a chargeback (reversal of the money transfer) or should the collection of the amount due fail for reasons the user is responsible for, the user is obliged to make sufficient funds available or to remedy the cause of the payment difficulties, so that in addition to the outstanding amount the third-party charges of the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages because of the delay.

6.5 Payment by PayPal


In order to pay by PayPal, the user selects PayPal as the payment method. The user is then forwarded to the site of PayPal where he/she enters the required data. As a non-registered customer, the user confirms the payment. As a registered customer, the user concludes a billing agreement with LogPay under which the user’s PayPal account is charged with the amounts due. The ticket purchase contract with a non-registered or registered user can only be brought about when the user’s PayPal account can be successfully debited. The user will receive either a confirmation or a rejection message.

7. Data privacy

The personal data required for the performance of the contract will be collected, stored, processed and used in compliance with the statutory provisions (GDPR). The data will not be transferred to third parties (e.g. service providers) unless this is necessary for the processing of the contractual relationship (e.g. for billing purposes). You can find further information in our data privacy policy which can be retrieved in the “Mainzer Mobilität” app and at www.mainzer-mobilitaet.de. 

8. Changes of the GTC


MVG is entitled to unilaterally change these General Terms and Conditions whenever this is necessary for the elimination of subsequent imbalances of equivalence or for the adjustment to changed legal or technical framework conditions and due to a change of decisions by the supreme court. MVG will inform the user about changes by sending an email containing the changed regulations to the user’s last known email address. The change will become part of the contract unless the user notifies MVG in writing or text form that he/she objects to the integration of the change into the contractual relationship within six weeks from the user’s receipt of the notification of change.

9. Final provisions


9.1 The place of performance for any claims arising from this contract shall be Mainz, Germany. The contract shall be governed by the laws of the Federal Republic of Germany. If the user is an enterprise, a legal person under public law or a special fund under public law, the parties agree that Mainz, Germany, shall be the place of jurisdiction.


9.2 Should one several of the provisions contained in these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The parties shall replace such invalid or unenforceable provision by a valid and enforceable provision coming closest to the effects of the economic purpose the parties had intended with the invalid or unenforceable provision. The same shall apply to any gaps or omissions in this contract.