General Terms and Conditions

for the Sale and Use of MobileTickets

1. General

These General Terms and Conditions (GTC) apply to the purchase of Mobile Tickets via the MobileTicketing system of the local transport association “Verkehrsverbund Warnow GmbH” (hereinafter also "VVW") and supplement the "Common Conditions of Carriage, Tariff Regulations and Prices" of the VVW Tariff in the currently valid version. Mobile Tickets can only be purchased via mobile devices (smartphone, tablet).

2. Registration

Access to purchase Mobile Tickets from the VVW is available with or without registration.

1. It is possible to purchase Mobile Tickets without registration in the VVW. Requirements for this are
   a) Payment by PayPal. Here, the costumer will be directed to the PayPal website, where the required data must be entered and the payment must be confirmed.
   b) Payment by credit card. Here is the truthful and complete statement of
   - Salutation
   - Surname
   - First name
   - E-mail address
   - Credit card details required.
   
   
2. If the customer decides to register, they can log on via the mobile Internet page https://shop.verkehrsverbund-warnow.de or the VVW-app, and give full and truthful information in regards to the following points with VVW
   - Title
   - Name and complete address
   - Birth date
   - E-mail address
   - Desired payment method
   - Bank details with BIC (Business Identifier Code) and IBAN (International bank account number) (in the case of SEPA direct debits)
   - Credit card data (in case of credit card payment procedure)
   - Deposit PayPal account (in the case of payment via PayPal)
   
   
3. The customer undertakes to change the data essential to the contractual relationship (in particular name, address, payment method and e-mail address) in case of changes without delay in their personal login area. If the customer does not fulfil their duty to provide information, the financial company is entitled to charge the customer for the additional expenses incurred as a result.

3. Acquisition and use

1. In the Internet-based sales service, the following VVW products are offered as mobile tickets via this distribution channel:
   - Single tickets
   - Day tickets
   - Weekly tickets
   - Monthly tickets
   - Bike tickets
   - RostockCards
   
   The ticket offer can be adjusted at any time without prior notice. There is no entitlement to issue tickets as "VVW-Mobile Tickets". In addition, products from other external providers (e.g. tickets from the in-house tariff of Mecklenburgische Bäderbahn Molli GmbH) are also offered via the sales service. It is pointed out that the corresponding terms and conditions for the products must be observed.
   
   
2. MobileTickets are available via
   a) the VVW-Applications for installation on mobile devices and
   b) the VVW WebShop (exclusively on mobile devices)
   
   VVW does not guarantee the availability of the service for the purchase of Mobile Tickets.
   
   
3. By ordering a Mobile Ticket, the user makes an offer to conclude a purchase- and transport contract. It is possible to do this by submitting the internet order form to the internet address shop.verkehrsverbund-warnow.de or in the VVW App. The contract is concluded by sending a confirmation by e-mail as a purchase confirmation from the VVW. The purchase price is due immediately.
   The purchase contract is concluded between the user and VVW through provision of Mobile Tickets. The contract of carriage is concluded with the transport company whose means of transport is used in each case.
   The validity of the Mobile Ticket is ultimately determined by the database entry with the IT service provider. The Mobile Ticket is valid for immediate departure unless it is provided with an exact period of validity. The user must purchase the Mobile Ticket before departure and be certain that the valid ticket has been received. The user shall bear the resulting transfer costs.
   The VVW concludes a contract data processing agreement with the respective transport companies pursuant to art. 28 GDPR or an agreement on joint data processing pursuant to art. 26 DSGVO. The responsible body according to art. 24 GDPR is Verkehrsverbund Warnow GmbH, Stampfmüllerstr.40, 18057 Rostock, Amtsgericht Rostock HRB 7147, represented by the managing director Mr Stefan Wiedmer, for the data processing for the purpose of the contract for the purchase of a mobile ticket.
   
   
4. The amount of the payment obligation results from the purchase contract plus fees incurred, as well as the valid transport and tariff regulations of the VVW tariff. Payment is made automatically to the financial service provider.
   
   
5. Mobile Tickets are not transferable and are only valid in connection with a valid control media (official photo identification) to the person indicated on the ticket. The surname and first name specified on the Mobile Ticket must match the spelling used on the control medium. For group trips, the person (user) indicated on the ticket must always travel with them.
   
   
6. Mobile Tickets and 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 on request. The travel authorization is displayed exclusively by the tickets deposited in the app or, when purchased via the webshop, as an image file (PNG format). Other documents (e.g. screenshots or paper prints) will not be accepted as valid tickets.
   
   
7. If the user is unable to present his Mobile Ticket at the ticket inspection (e.g. due to technical malfunctions, empty battery, etc.), this will be considered as a journey without a valid ticket within the meaning of the provisions of the VVW tariff § 9. In the event of non-availability, faulty or incomplete transmission of the ticket, the user is obliged before departure to purchase a valid ticket.
   
   
8. It is not possible to refund or return Mobile Tickets.
   
   
9. In addition, the transport and tariff provisions of the VVW tariff apply.

4. Payment and invoicing

4.1 Assignment notification

1. (The VVW uses for handling the e-payment service (mobile webshop, VVW app) the finance company
   
   LogPay Financial Services GmbH
   Schwalbacher road 72
   65760 Eschborn, Germany
   
   (hereinafter also "LogPay").
   
   The collection of the payment claim for the purchased tickets is carried out by LogPay, to which all these fee claims, including any ancillary claims and fees, have been sold and assigned (notification of assignment). LogPay is a third-party beneficiary of the following provisions. It is also authorised to collect debts in its own name and for its own account.
   
   
2. The personal data provided in connection with the use of the payment methods offered in the context of the payment process and all changes will be processed and used by LogPay for the purpose of processing payments and for receivables management. The financial company has undertaken vis-à-vis VVW to use the data confidentially and in compliance with data protection law exclusively for the provision of payment and not to pass it on to third parties, with the exception of the companies named in this data protection declaration (point 6, paragraph 4).
   
   The VVW concludes a contract with the financial service provider LogPay for processing of data on behalf of LogPay in accordance with art. 28 GDPR. The responsible body according to art. 24 GDPR is Verkehrsverbund Warnow GmbH, Stampfmüllerstr. 40, 18057 Rostock, Amtsgericht Rostock HRB 7147, represented by the managing director Mr Stefan Wiedmer, for the data processing for the purpose of the contract for the purchase of a Mobile Ticket.

4.2 Possible payment methods

The customer can choose between the following payment methods for Mobile Tickets:
a) SEPA Direct Debit Scheme, provided that the account holder is domiciled in the territory of the Federal Republic of Germany
b) Credit card (Visa and Mastercard®)
c) PayPal

Other methods of payment are excluded. The customer is not entitled to participate in any of the above payment procedures. All payment methods are only available to legally competent persons over the age of 18 years.
The claim via SEPA direct debit or credit card will usually be collected 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 the ticket purchases made (hereinafter also referred to as "sales overview") contains individual proof of purchase and can only be viewed and called up electronically via the webshop by the registered customer.

4.2.1 Payment by SEPA Direct Debit Scheme

1. If choosing the SEPA direct debit, personal data of the customer (first name, surname,address in Germany, date of birth, e-mail address) and an account connection are required for the clear allocation of a payment for a purchased ticket. If this payment method is selected, the customer authorises LogPay, with agreement to these General Terms and Conditions, to collect payments from his specified account within the European Union by means of SEPA direct debit. At the same time, he instructs his payment service provider to redeem the direct debits drawn by LogPay on his account. The customer's attention is drawn to the fact that he can request reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with his payment service provider apply. In the case that the customer is not the account holder of the specified account, the costumer ensures that the account holder has given the consent for the SEPA direct debit.
   
   
2. The customer undertakes to provide all account data required for participation in the SEPA direct debit scheme (in particular account holder and international bank account number (IBAN) and to enter it in the form provided for this in the webshop or the app. The customer receives in SEPA -Direct debit procedure, an advance notice (prenotification) by LogPay about the date and amount of the collection. The customer receives this advance notice (prenotification) at least two (2) days before collection of the claim. The advance notice (prenotification) is transmitted electronically with the order confirmation to the specified email address.
   
   
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 account holder without authorisation or if the collection of the claim from his payment service provider fails for reasons for which the account holder is responsible - in particular due to insufficient funds, incorrect or invalid account details or objection - the account holder is obliged to provide sufficient cover or for the removal the reason for the payment disruption so that, in addition to the outstanding amount, the payment service provider's external fees incurred can be collected on the day specified in the reminder. LogPay is entitled to claim further damage caused by default.
   
   
4. The customer waives the requirement to obtain a written SEPA direct debit mandate. Thewaiver is declared by the customer to the customer's payment service provider, the obligee's payment service provider and the obligee. The customer consents to the disclosure of the waiver to the aforementioned parties. If the waiver is no longer effective or is ineffective, the customer is obliged to submit a written mandate immediately. All you need to do is send an email to sepa@logpay.de with the request to send the SEPA direct debit mandate form. The customer then receives the form for the SEPA direct debit mandate, which he must fill out in full and sign and return to LogPay by post. If the customer is not the account holder, he is obliged to forward the mandate reference number to the account holder.

4.2.2 Credit card payment

1. The billing of purchased products via the credit card process is only possible with Visa or Mastercard®. Other credit cards are not accepted.
   
   
2. During the order process the following credit card data of the customer are recorded Surname and first name of the credit card holder,
   E-mail address,
   Credit card type,
   Credit card number,
   Credit card expiration date,
   CVC code of the credit card
   
   and transmitted to the computer of the financial institution for settlement.
   
   
3. As part of the initial provision of credit card data, these are checked. The data provided by the customer will be transmitted to his payment service provider and an amount of 1.00 Euro will be requested and authorised. Authorisation expires automatically within about two weeks. An entry or a collection of the requested amount does not take place.
   
   
4. To increase security against misuse for credit card payments, the payment service providers use the 3-D Secure procedure (Verified by Visa, Mastercard® SecureCode®).
   
   
5. The system of the financial company verifies the accuracy of the credit card data provided by the customer and checks for any blocking notices of the respective credit card issuer. For this purpose, the customer's credit card and payment details are forwarded to a credit card acquirer. If the customer is not the holder of the specified credit card, he (credit card acquirer) will ensure that the cardholder's consent for the debit has been obtained. The customer has to ensure that the credit card is not locked and also has a sufficient limit. If authorisation fails for any reason, the customer will receive an error message.
   
   
6. The customer will receive detailed information about the composition of the total amount with the order confirmation by e-mail.
   
   
7. The time of debiting the customer's account is determined by the customer's credit card agreement with their payment service provider.
   
   
8. Should the customer unjustifiably arrange for a charge back (return of the amount) or should the collection of the claim fail for reasons for which they are responsible, the customer is obliged to bear the third-party fees incurred by the credit card acquirer in addition to the purchase price of the purchased ticket. The financial company is entitled to claim further damage caused by default.

4.2.3 Payment by PayPal

When selecting the payment method Paypal, the customer will be directed to the website of PayPal, where he will enter the required data and confirm the payment. After successful payment, the customer will receive a confirmation of the purchase, otherwise he will receive a rejection. The customer's purchase offer can only be accepted if the payment has been successfully carried out using PayPal.

5. Blocking

1. If the user discovers an abuse of the possibility of using his user contract, he is obliged to report this immediately to the VVW hotline. The same applies in the event of loss, theft or sale of the mobile device or the registered SIM card (telephone number). Until receipt of the notification, the user is liable for the claims incurred until then. The VVW assists the user to immediately block the use of Mobile Tickets.
   
   
2. If a transport company or service provider detects a misuse, the use of the Mobile Ticket will be blocked immediately. The blocking notification is sent via an SMS notification by the IT service provider. Any ticket purchase or any use of services that took place with the registered SIM card, is deemed to have been initiated by the user until the time of blocking.
3. In the event of a payment failure of any kind, regardless of the method of payment chosen, the user will be suspended for further Mobile Ticket purchases until the payment claims are settled. In this case, the user will be informed by the financial service provider in a reminder letter about the blockage. The customer shall bear any resulting additional costs, such as overdue fines.

6. Privacy Policy

1. Personal data of the customer and all associated changes and order data shall be collected, processed and used exclusively in accordance with the provisions of the applicable data protection law (in particular the GDPR and the FDPA). Motion profiles are not created. Personal data are protected - especially during the entire order process - in accordance with the requirements in art. 32 GDPR in principle by a secure online connection between the customer's terminal device and the connected computer and the connected downstream systems https encryption, etc.). The customer shall receive the information required pursuant to art. 13 GDPR at the time of the order.
   Appropriate deadlines have been set for the storage of personal data, taking into account the maximum storage and deletion periods laid down by law. Procedural arrangements ensures that these time limits are respected.
   
   
2. The personal data provided in connection with the registration (first and last name, date of birth, address, e-mail address, payment method) as well as the personal data to be provided in connection with the unregistered purchase (first and last name, e-mail address, payment procedure) and all changes are processed and used for the purpose of processing by the order data administrators
   
   eos.uptrade GmbH
   Schanzenstraße 70
   20357 Hamburg
   
   and
   
   Rostocker Straßenbahn AG
   Hamburger Str. 115
   18069 Rostock,
   
   The order data administrators have committed themselves to the VVW to use the data confidentially and in accordance with data protection law and not to pass it on to third parties. The VVW concludes a contract data processing contract with the order data administrators eos.uptrade GmbH and Rostocker Straßenbahn AG in accordance with art. 28 GDPR. The responsible body according to art. 24 GDPR is Verkehrsverbund Warnow GmbH, Stampfmüllerstr. 40, 18057 Rostock, Amtsgericht Rostock HRB 7147, represented by the managing director Mr Stefan Wiedmer, for the data processing for the purpose of the contract for the purchase of a Mobile Ticket.
   
   
3. VVW provides personal customer data (first and sur-name, date of birth, address, email address, account details, credit card data, possibly telephone number as well as data on the respective ticket purchases) and all changes to LogPay for the purpose of the sale and assignment of Claims against the customer that arise in connection with his ticket purchase. This is done on the basis of Article 6, Paragraph 1, Sentence 1, Letter f of the GDPR. The legitimate interest on the part of the VVW consists in the outsourcing of payment processing and claims management. The legitimate interest on the part of LogPay consists in the collection of data for the purpose of processing payments, managing receivables, assessing the admissibility of payment methods and avoiding payment defaults.
   
   The customer can object to the transmission of this data to LogPay at any time, but it will no longer be possible to order via the electronic sales channel.
   
   LogPay's data protection information is available at https://www.logpay.de/DE/datenschutzinformationen/.
   
   In the case of the processing of personal data for the performance of tasks in the public interest (Art. 6 Para. 1 S. 1 lit. e GDPR) or for the pursuit of legitimate interests (Art. 6 Par. 1 S. 1 lit.f GDPR), the customer can object to the processing of the personal data concerning him at any time with effect for the future. In the event of an objection, the VVW must refrain from any further processing of customer data for the aforementioned purposes, unless
   - there are compelling, legitimate reasons for processing that outweigh the interests, rights and freedoms of the customer, or
   - the processing is necessary for the establishment, exercise or defense of legal claims
   
   
4. As part of the registration process for the SEPA direct debit payment procedure and/or in the event of changes to your customer data in connection with the change to the SEPA direct debit payment method, the financial company may carry out a review of the information and creditworthiness subject to the provisions of the GDPR and the BDSG. This is done by matching the personal data against the data of SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. In the event that the customer does not meet their payment obligations, the personal data for the purpose of collection of the claims (e.g. by payment reminders/overdue notice) and the enforcement of the claims (such as in a judicial reminder procedure or cooperation with a law firm in case-law enforcement) will be handed over to a collection agency. Passing on to a collection agency is particularly permissible to safeguard one's own business interests in the context of contract execution. When personal data is used, any legitimate concerns are adequately taken into account. To verify the credit card details and process credit card payments, the financial company will forward the credit card and payment details to the credit card acquirer.

Status: September 2021