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General Terms and Conditions of Business for Online Distribution of Tickets via the Rheinbahn App-Shop

Status: 05.03.2024 

PART A. General terms and conditions of business for online distribution of tickets via the Rheinbahn App-Shop


1. General, customer information, language of contract


(1) The following General Terms and Conditions of Business (GTCs) shall apply to all tickets ordered via the Rheinbahn APP-Shop (hereinafter known only as “Shop”), between Rheinbahn AG (hereinafter known only as “Rheinbahn” and the customer.

(2) Tickets, according to these GTCs, are all “classic fare tickets” (tariff areas) distributed via the Shop including “eTariff” (distance-based fare). For classic fare tickets, in addition the special provisions according to Part B of these GTCs shall apply. For eTariff tickets, in addition the special provisions according to Part C of these GTCs shall apply.

(3) Customers, according to these GTCs, are both consumers and contractors. Consumers are any natural persons who enter into a legal transaction for a purpose, which cannot be predominantly attributed to their commercial or independent professional activity (cf. § 13 BGB [German Civil Code]). Contractors, according to these GTCs, are natural or legal persons or partnerships with legal capacity who conclude a purchase agreement with the Rheinbahn via the Shop and are thereby acting in the exercise of their commercial or independent professional activity (cf. § 14 BGB).

(4) To process ticket sales via the Shop, Rheinbahn uses IT service providers and, depending on the selected sales channel and payment method, various financial service providers or telecommunications providers. Details of these payment conditions can be found in Section 6 of these GTCs and regarding processing of personal data by the service providers Logpay and PayPal in the data protection declarations available at 

https://documents.logpay.de/de/datenschutzinformationen.pdf

and

https://www.paypal.com/de/webapps/mpp/ua/privacy-full

(5) The applicable language for the conclusion and implementation of the contract is German.

2. Registration/creation of a customer account


(1) The customer requires a customer account to be able to order tickets (“my Rheinbahn”). The following data must be accurately specified on registration:

  • Surname, first name, title
  • Email address
  • Assignment of a password and user name
  • Depending on the payment method selected by the customer, account details may be provided (cf. Section 6 of the GTCs).

Depending on the payment method selected, a full address and date of birth must only be provided on purchasing a ticket (cf. Section 6 of the GTCs).

(2) When purchasing a ticket within the Shop, the Customer must agree to these GTCs and to the data processing declaration.

(3) The customer shall undertake to immediately notify Rheinbahn and, depending on the selected payment method, the respective financial service provider of any changes to the information provided in accordance with paragraph 1 of this section via the contact options provided for this purpose or in the customer area of the Shop.

(4) The access data, including the password, are to be kept confidential by the customer and not made accessible to unauthorised third parties.

(5) It is also the responsibility of the customer to ensure that only the customer has access to the Shop and use of the available services. If there is a concern that unauthorised third parties have or will have knowledge of the access data, Rheinbahn should be informed of this immediately.  The same shall apply to unauthorised use of the Shop. The customer shall be liable for any use and/or other activity carried out using the access data or unauthorised access, according to the legal provisions.

3. Deactivation / blocking of the customer account

(1) The customer can deactivate the customer account with Rheinbahn at any time without compliance with a deadline electronically by email at

Handyticket-rheinbahn@o-ton-online.de or by contacting Rheinbahn in writing. Rheinbahn can deactivate the customer account at any time in writing or by email at the address supplied by the customer or email address, subject to a 14-day notice period. Outstanding receivables/possible additional claims against the customer (e.g. settlement of unpaid travel) shall remain unaffected by this.

(2) Rheinbahn is, in particular,  authorised to block the customer account without notice and with immediate effect, in particular, if

  • the customer violates applicable law against the provisions of these GTCs (e.g. by manipulation of tickets) or in conjunction with the use of tickets
  • the customer has supplied false information on registration
  • a claim against the customer is not recoverable or a significant deterioration in the customer’s financial circumstances is imminent or suspected
  • there is another important reason that makes it unreasonable for Rheinbahn to continue the business relationship due to a loss of trust (e.g. in the event of manipulation).

Paragraph 1 of this section shall apply accordingly to the form of blocking.

(3) The contractual relationship shall end when the deactivation or blocking becomes effective and the customer may no longer have access to purchase more products or tickets.

(4) On expiry of 30 calendar days after the deactivation/blocking has become effective, and on expiry of any statutory retention periods, Rheinbahn is entitled to irretrievably delete all data which has been generated during use. Unused tickets (e.g. multi-journey tickets) are no longer available after deletion. There is no entitlement to a refund or a credit note. Outstanding receivables from the customer, (e.g. invoicing of journeys not yet paid for) shall remain unaffected by this termination of use. Notwithstanding the above, in the event of blocking by Rheinbahn, undisputed tickets that are still open may be refunded to the customer on a pro rata basis. Any refunds will be made via the payment method provided by the customer.

4. Loss and misuse of access/ blocking of customer account

(1) If the customer establishes misuse of their access data, they shall undertake to immediately inform Rheinbahn of this in writing. The same shall apply to loss, theft or sale of the registered SIM card/smartphone for use of the Shop. Until receipt of the notification, the customer shall be liable for the claims incurred up to that point. Rheinbahn shall support the customer on receipt of the notification during their business hours by immediately blocking the customer’s account for ordering tickets.

(1a) If Rheinbahn or a service provider determines misuse regarding use of (e)tickets (e.g. anomalies when checking out, manual switching off of tracking during use, etc.) the customer account shall be blocked at once. Every ticket purchase made or service utilised with the registered customer account is deemed to have been initiated by the customer until the time of blocking.

(2)Moreover, Rheinbahn can block access to the Shop for a limited period of time (until the dubious events have been clarified, however for a maximum of 90 days), if there are specific indications that the customer is violating or has violated these GTCs and/or applicable law, or if Rheinbahn has another legitimate interest in the blocking. For the decision on blocking, Rheinbahn will consider the legitimate interests of the customer appropriately. If the offence is not remedied or if it is to be expected that the customer will continue with their offences, the customer account shall remain blocked for further use and shall be cancelled by Rheinbahn according to the regulations of Section 3 of these GTCs.

(3) In the event of the temporary or permanent blocking, Rheinbahn shall block access rights and inform the customer of this by email, if Rheinbahn was notified of the required contact data.

(4) In the event of temporary blocking, Rheinbahn shall reactivate access rights after expiry of the blocking period and inform the customer of this using the email address notified to them. Access rights which have been permanently blocked cannot be reinstated. Persons who have been permanently blocked are permanently excluded from participation and may not register again.

5. Availability of and amendments to services

(1) An entitlement to use services available via the Shop only exists within the context of technical and operational options of Rheinbahn. Rheinbahn endeavours to ensure that the services offered can be used with as few interruptions as possible. However, temporary restrictions or interruptions may occur due to technical disruption (such as, e.g. interruption to electricity supply, hardware and software errors, technical problems in the data lines.

(2) Rheinbahn is entitled to change the services offered in the Shop free of charge, to introduce new services either free of charge or for payment and to cease to provide free services. The service provider will consider the legitimate interests of the customer in each case.

6. Payment terms and invoicing

6.1 Collection of payment for tickets purchased shall be managed by the finance company LogPay Financial Services GmbH, Schwalbacher Str. 72, 65760 Eschborn (hereinafter LogPay), to which all claims for payment, including the claims for reimbursement of any fees, were sold and assigned (notice of assignment). Log Pay is a third-party beneficiary of the following provisions. It is also authorised to collect receivables in its own name and for its own account. With the exception of the collection of payment claims, payments are processed by PayPal (cf. Section 10 of the GTCs).

6.2 To be able to use the e-Payment service, the customer must register with LogPay providing accurate and full details of the following:

  • Name and full address
  • Date of birth
  • Email address
  • Desired method of payment
  • Account details with IBAN (for SEPA-direct debit)
  • Credit card data (for credit card payment)

The customer shall undertake to amend data essential for the contractual relationship (particularly address and method of payment) immediately in their personal login area in the event of changes. If the customer does not comply with their duty of information, LogPay is entitled to charge the customer for the any extra expense incurred as a result.

For payment of reserved tickets, in addition to the conditions described above, the following regulations shall apply. All methods of payment are only available to persons over the age of 18 with full legal capacity. Prepay procedures are also available to minors with limited legal capacity from the age of 7.

The registered customer can choose between the following payment methods:

  • Invoicing via SEPA direct debit
  • Invoicing via credit card (Visa, MasterCard or American Express)
  • SEPA transfer via Giropay

Payment via Prepay (advance payment) not possible for eezy.nrw

Other methods of payment are excluded. There is no entitlement for the customer to use a specific payment method.

Collection:
Collection of receivables via the SEPA direct debit process or credit card is generally managed by LogPay within the next five (5) working days after ticket purchase. Debiting of the account or the credit card is dependent on processing by the customer’s payment provider. The overview of ticket purchases made (hereinafter also referred to as “sales overview” includes individual proof of purchase and can only be seen and retrieved electronically via the webshop by registered customers.

6.3 Rheinbahn forwards personal data from the customer (first name, surname, date of birth, address, email address and data regarding their respective ticket purchases) and all amendments that occur in conjunction with their ticket purchase to LogPay Financial Services GmbH for the purposes of sale and assignment of our claims against the customer. This occurs on the basis of Art. 6 Section 1 p1 (f) GDPR. The legitimate interest of Rheinbahn exists in the outsourcing of payment processing and receivables management. The legitimate interest of LogPay Financial Services GmbH exists in the collection of data for the purposes of invoicing of payments, for receivables management, for evaluation of admissibility of payment methods and for the avoidance of payment defaults. The customer may object to the transmission of this data to LogPay Financial Services GmbH at any time, however, in this event, no further order via Logpay payment methods is possible.

7. Payment by SEPA-direct debit:

For those choosing to pay by SEPA direct debit, customers’ personal data (first name, surname, address, date of birth and email address) and bank account details  within the European Union are required for the clear allocation of payment for a ticket purchased. If this method of payment is selected, the customer, by consenting to these GTCS, authorises LogPay to take payments from their specified account using SEPA direct debit. They also instruct their payment provider to honour direct debits drawn on their account by LogPay. The customer is notified that they may request reimbursement of the debited amount within eight weeks of the debit date. The conditions agreed with their payment provider shall hereby apply. In the event that the customer is not the account holder of the specified account, they guarantee that the account holder consents to the SEP direct debit process. The customer undertakes to provide all account data required for participation in the SEPA direct debit process (especially account holder and international bank account number (IBAN) and to record this on the form provided on the shop system or the app. The customer will receive a prenotification by LogPay regarding the collection date and amount. The customer will receive the prenotification at least two (2) days before collection of the receivable. The prenotification will be communicated electronically with order confirmation to the specified email address. The customer must ensure that the specified account has enough funds for the SEPA direct debit to be collected. If a SEPA direct debit is returned by the payer without authorisation or if collection of the receivable from their payment provider fails for reasons for which they are responsible – in particular due to insufficient funds, incorrect or invalid account details or objection, they shall undertake to ensure adequate funds or to remedy the reason for the payment default, so that, in addition to the outstanding amount, the third party fees incurred by the payment provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for delay. By consenting to these GTCs, the customer waives the right to obtain a written SEPA authorisation. The waiver shall be declared by the customer to the customer’s payment provider, the creditor’s payment service provider and the creditor. The customer shall agree to the forwarding of the waiver declaration to the above-mentioned parties. If the customer is not the account holder, they shall undertake to forward the mandate reference number to the account holder.

8. Payment by credit card:

Invoicing of tickets purchased using the credit card process is only possible with Visa, MasterCard und American Express. No other types of credit card are accepted. During the order process, the following credit card data is collected from the customer:

  • First name and surname of the credit card holder
  • Credit card type (Visa, MasterCard, American Express)
  • Credit card number
  • Date of expiry of credit card
  • CVC code of credit card

and transmitted to the LogPay server for collection of the receivable. The LogPay system checks the credit card data specified by the customer for accuracy and any blocking authorisations for the respective credit card. In the event that the customer is not the owner of the specified credit card, they shall ensure that the card holder has consented to the payment. The customer must also ensure that the specified credit card is not blocked and has an adequate limit. If authorisation is not granted for any reason, the customer will receive a corresponding failure notification. If the amount of the receivable is not known before the start of the journey, a sum of 15 euros will be reserved. As soon as the amount of the due receivable is determined, the credit card will be charged with the amount of the due receivable and the remaining authorised amount expires. The customer’s purchase offer can only be accepted if the authorisation is successful. If the due receivable exceeds the authorised amount, the due differential amount is charged as a second transaction. The time at which the customer’s account is debited is determined by the customer’s respective credit card agreement with their payment provider. If the customer’s payment provider supports the “3D Secure Procedure” (verified by Visa/ MasterCard® SecureCode™), this procedure shall apply to increase security against misuse for payment by credit card. If the customer’s payment provider does not support the 3D Secure Procedure or the implementation of the 3D Secure Procedure is not considered necessary, this check will not occur. The customer must ensure that the receivable can be collected via credit card. If the customer unjustifiably initiates a charge back (return of the amount) of if the collection of the receivable fails for reasons  for which the customer is responsible, they shall undertake to ensure adequate funds or to remedy the reason for the payment default, so that in addition to the outstanding amount, the third-party fees incurred by the payment provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for delay.

9. Payment by prepay using SEPA-transfer (advance payment)

By using Prepay via a SEPA transfer, customers can top up their credit balance which will be used to settle their future payment obligations from ticket purchases with LogPay. After selecting this process and the amount to be paid, the customer will receive an email which contains the information required for the SEPA transfer (account details of LogPay, amount and intended purpose). The customer shall undertake to use the intended purpose specified in the email for their SEPA transfer to LogPay. A ticket may only be purchased from LogPay with adequate prepaid credit.

Payment by Prepay via SEPA transfer using Giropay oder EPS (advance payment)

Using the Giropay or EPS payment method, customers can load up their credit balance with LogPay to settle their future payment obligations from ticket purchases. A condition for participation in Giropay or EPS is participation by the customer’s payment provider in the Giropay or EPS procedure. Moreover, the customer must be authorised for the online banking procedure with their payment provider. A SEPA transfer via Giropay or EPS is then only possible if there is adequate credit for the customer’s account with their payment provider. If the customer has selected this process, they can transfer a pre-selected amount via the online banking process of their payment provider from their account to LogPay using Giropay or EPS. After sending their IBAN, the customer, if their payment provider is part of the Giropay or EPS process, is forwarded to the online banking of their payment provider. The customer then authorises the SEPA credit within their account. The service is activated once the SEPA transfer via Giropay or EPS has been successfully completed. The customer then receives a confirmation or rejection directly after conclusion of the transaction. It is only possible to purchase a ticket with adequate credit with LogPay.

10. Payment processing via PayPal

To pay by PayPal, the customer chooses PayPal as method of payment. The customer is then directed to the PayPal site where they input the data required and confirm the payment. After a successful payment, they receive a confirmation of purchase, or conversely a rejection. Their purchase can only then be accepted if the payment was successfully implemented by PayPal. For payments with PayPal, the current version of the GTCs, conditions of use and privacy policy of PayPal or the service providers used by PayPal shall apply.

If an unregistered purchase is carried out using the button “Direct to PayPal”, no “my Rheinbahn” account is necessary and no account will be created. The range of tickets is limited with “Direct to PayPal”.

GTCs: PayPal AGB
Data protection: PayPal Datenschutzbestimmungen

11. Storing of data

The customer can find details of the data privacy declaration in the Rheinbahn data protection provisions:

Rheinbahn App data protection


12. Liability and warranty rights

Regarding use of the „Shop”, Rheinbahn shall be liable in accordance with the following regulations:

(1) Rheinbahn will have unrestricted liability for damage caused intentionally or by gross negligence by Rheinbahn or by its legal representatives, executive employees or simple vicarious agents.

(2) Rheinbahn shall not be liable in cases of slightly negligent violation of only non-essential contractual obligations. Moreover, Rheinbahn’s liability for slightly negligent damage is restricted to damage which must typically be expected to arise in the context of the respective contractual relationship (contractually foreseeable damage). This shall also apply to slightly negligent violations of duty of its legal representatives, executive employees and simple vicarious agents of Rheinbahn.

(3) The above liability restriction shall not apply in the event of fraudulent intent, in the event of injury to life, limb and health, for breach of guarantees and for claims arising from product liability.

(4) Rheinbahn assumes no liability or  guarantee for the availability or use of the shop at all times.

(5) Only the respective service provider is responsible for the content of the websites of the IT and finance service providers to which customers are referred through the links specified.

(6) In all other respects, customers are entitled to the statutory warranty rights.


13. Dispute resolution procedure/ Online dispute resolution


(1) Rheinbahn is prepared to participate in a dispute resolution procedure before a recognised consumer arbitration board. The competent arbitration board is:


Schlichtungsstelle Nahverkehr Mintropstr. 27
40215 Düsseldorf
info@schlichtungsstelle-nahverkehr.de
www.schlichtungsstelle-nahverkehr.de

Online dispute resolution according to Art. 14 Section 1 ODR-VO (Online Dispute Resolution Regulation). The European Commission has a platform for online dispute resolution which the customer can find at

http://ec.europa.eu/consumers/odr/. Consumers can use this platform for the resolution of their disputes.

14. Final provisions

(1) The relationships between the contracting parties shall be governed exclusively by the law applicable by the Federal Republic of Germany. If the customer is a consumer, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory consumer protection provisions of the state in which the consumer has their habitual residence.

(2) The application of the United Nations Convention on Contracts for International Sale of Goods (CISG) is excluded.

(3) If the customer is a contractor, it is agreed that the place of fulfilment is the principal place of business of Rheinbahn. If the customer who is a contractor is also a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with the purchase contract shall be the principal place of business of Rheinbahn. Rheinbahn is also entitled to bring an action against contractors at their general place of jurisdiction.

(4) If individual provisions of this contract are or become wholly or partially ineffective or are unable to be implemented, the contract shall otherwise remain effective. In place of the ineffective contractual provision or provision that cannot be implemented, the contracting parties shall agree an appropriate regulation that comes closest economically to what would otherwise have been agreed, if the ineffectiveness or impracticability had been known. This regulation shall also apply if there is a loophole in the implementation or interpretation of the contract that needs to be resolved. Noting the case law of the BGH (Federal Court of Justice) under § 139 BGB, it is the express wish of the parties to maintain the effectiveness of the other contractual provisions in all circumstances and to waive entirely § 139 BGB. If the ineffectiveness is based on a performance or time provision, the ineffective provision shall be replaced by the legally permissible provision.

PART B Additional special business conditions for ticket sale at the classic fare  (tariff area) using the Rheinbahn App-Shop


15. General

Part B of these GTCs relates exclusively to the sale of tickets with the classic fare of the product managers of the transport associations of Rhein-Ruhr and Rhein-Sieg and the NRW Marketing Competence Centre. 

In addition to Part B of these GTCS, the corresponding conditions of carriage shall also apply, which can be updated accordingly:

AGB VRR

Tarif- und Beförderungsbedingungen VRR

AGB VRS

VRS-Gemeinschaftstarif

NRW-Tarif

AGB KCM-NRW


16. Conclusion of contract / customer information: correction notes when placing an order

(1) The tickets offered in the Rheinbahn shop do not constitute a binding offer in the sense of §§ 145 ff. BGB, they are rather an invitation to the customer to place a binding payable order.

(2) The desired ticket at the classic fare can be placed in the virtual shopping basket by selecting the “Basket” symbol and entering the desired quantity. In the Basket, the customer will again have an overview of the data they have input for checking and of the tickets they required at the classic fare. They will have the opportunity to correct any errors or to cancel the order. In addition, any discounts are displayed for them to check. The actual order is only initiated in the “Basket” order window when “Buy now” is selected.

(3) When the customer selects the “Buy now” button, they place a binding, payable order for tickets at the classic fare, which can be found in their virtual Basket. Acceptance of the order by Rheinbahn and another confirmation of the order data are immediately confirmed to the customer by an email to the email address they have specified.

(4)  Rheinbahn is entitled to accept the binding order from the customer after the order has been received and checked within one (1) working day, whereby the contract is concluded. This occurs with another email to the email address specified by the customer or is implied by making the ticket order available in the Shop’s customer area within one (1) working day of receipt of the order. After expiry of the deadline the customer is no longer bound by their offer; in this event no effective contract can be concluded. 

(5) A binding contract can – notwithstanding paragraph 4 of this section -also be concluded beforehand as follows:

  • If the customer has selected the PayPal method of payment, the contract is concluded at the time of confirmation of the payment instruction.

17. Cancellations, exchanges and refunds

A cancellation or exchange of a ticket purchased at the classic fare (completed order process) or of products is not possible.

PART C Additional special business conditions for the sale of eTickets of the eTarif (distance-based fare eezy.nrw) using the Rheinbahn APP Shop

General

(1) Part C of these GTCs refers exclusively to the sale of eTickets at the eTarif (hereinafter known as eTickets) via the Shop.
(2) “eTarif” in the sense of these GTCs means all eTariffs of the transport associations and tariff communities in NRW (hereinafter known together as transport association) and the eTariff across all networks in NRW. In addition to these GTCs, the following therefore apply in detail:

  • Conditions of carriage and fare regulations (eTarif VRR) of the Rhein-Ruhr     AöR transport association (hereinafter known as VRR),
  • Conditions of carriage and fare regulations (eTarif VRS) of the Rhein-Sieg transport association (hereinafter known as VRS),
  • Conditions of carriage and fare regulations (eTarif AVV) of the Aachen transport association, (hereinafter known as AVV),
  • Conditions of carriage and fare regulations (eTarif Westphalia) of the Westphalia-Lippe transport association, (hereinafter known as ZWL),
  • And also fare regulations of the cross-network eTarif for NRW in the version confirmed by the customer during their respective purchase, which is updated and can be retrieved at https://www.vrr.de/de/service/downloads/.

The specific eTarif to be applied to one or more journeys by the customer is based on the journeys the customer makes with their eTicket within a period of 24 hours. If the customer only travels within one transport association (VRR, VRS, AVV, ZWL), the respective eTariff of the transport association in which the journeys take place is applicable. If the customer’s journeys are across the network, the NRW eTariff shall apply.

Details of prices can be found in the above-mentioned eTariffs under the above link and in Section 19 of these GTCs.
(3) Taxis and on-demand transport are excluded from the eTariff. The eTickets shall apply to the lines of the railway companies in all trains without supplements (RB, RE, S-Bahn), unless they are excluded from use with eTariff tickets in the timetable or on the notice board. DB/AG trains requiring a supplement (IC/EC, ICE), that are authorised for use in accordance with the eTariff are indicated separately.

18. Conclusion of contract / customer information for purchase of eTickets

(1) The eTickets offered via the shop do not constitute a binding offer in the sense of §§ 145 ff. BGB, they are rather an invitation to the customer to place a binding payable order

(2) When the customer activates the “Check in” button, the customer requests to start a journey with billing via the eTariff. During the booking process, the data for the journey including further information (e.g. number of passengers, use of bicycle) is specified by the customer.

By clicking on the “Check in“ button, the customer accepts these GTCs and the data protection declaration and places a binding, payable order for the desired eTicket.

(3) The customer’s offer is accepted via an eTicket in the shop by transmitting the barcode to the customer’s mobile device (smartphone). The calculation of the journey price is shown subsequently in Section 19 of these GTCs.

(4) After selecting the “Check out” button, the order data is shown to the customer via the app. The customer then has the option of correcting the arrival stop, if required. If the “Check out” button is selected again, travel authorisation is invalidated and the journey ended. In the Shop, the successful check out is shown with the relevant journey data and the final price for the journey. At the same time, the customer receives an email at the email address specified by them with the starting time, starting station, arrival time and arrival station and also details of the price. The customer is then invoiced using the payment method specified by the customer in their customer account.

19. Calculation of the ticket price for eTickets

(1) The ticket price for an eTicket is calculated according to an eTariff dependent on distance. The distance covered is established in the eTariff using GPS tracking. The tracking starts after confirmation of the journey (Check in) and delivery of the barcode in the Shop. The tracking ends with the customer’s manual check out (terminationvof the journey). The terms for the calculation are established in the fare regulations for the respective eTariff. Unless the customer checks out manually, the tracking will continue. Tracking only ends automatically after 420 minutes or after leaving the area of validity specified in Section 19 Paragraph 5. The distance covered will continue to be calculated until this time.

(2) For use of the eTicket, it is mandatory for GPS tracking including use of mobile data to be activated in the respective mobile device (smartphone). If the GPS tracking/mobile data use is switched off, the journey will be terminated and permission to travel will expire with the legal consequences 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).

(3) The customer must ensure that during the entire period of use (distance travelled) their mobile device is on and mobile data transfer is activated. The customer is responsible for any technical unavailability of the mobile device.

(4) The customer must ensure that all data manually recorded by them is accurate, (especially start and end point of journey, details regarding number of passengers, details regarding bicycles or other details relevant to calculating price, which were requested by the Shop). If the customer subsequently notices errors in incorrect entries, they must immediately inform the transport association in writing, so that these can be corrected.

(5) The area of validity of the eTickets purchased is based on the relevant tariff regulations which can be found at the link in Section 17 Paragraph 2.

20. Validity period and use of eTickets

(1) eTickets are valid immediately after start of check in and receipt of the barcode and will be available electronically on the customer’s mobile device. eTickets can only be used for immediate travel.

(2) Before entering the vehicle and according to local circumstances before entering platform /train facilities/stations, the customer must ensure their valid eTicket is activated. The barcode on the ticket is indicated immediately after successful “Check in” to the app. The customer can also find the barcode for active “Check in” on the Shop’s start page by clicking on the “my Ticket” button. The barcode can alternatively be found on the menu under “Tickets” by clicking on the button “Currently valid”. The eTicket must have been purchased before the start of the journey. Tickets purchased after the start of the journey will not be recognised. According to the respectively valid conditions of carriage and fare regulations of eTariffs of the transport associations and transport companies specified in Section 17 Paragraph 2, in such cases the user may be charged an increased transport fee.

(3) eTickets are to be kept active on the customer’s operating mobile device during the journey for monitoring purposes, and, in particular, the GPS signal including mobile data transfer must be continuously activated.

(4) For ticket inspection, the customer must show their mobile device with the indicated journey entitlement (barcode) on the display with backlighting activated,  on request by inspection staff. The customer is responsible for operability of the mobile device, for necessary precautions against misuse and for showing the full text content of the eTicket. In the event of non-availability of the service or erroneous or incomplete transfer of the eTicket, a valid ticket must be purchased before the start of the journey.

(5) If the customer is unable to show a valid eTicket on ticket inspection, this will initially be considered as a journey without valid permission to travel according to the eTariff regulations and the conditions of carriage and tariff of the relevant transport associations. The increased fare will be reduced in accordance with the applicable conditions of carriage, if the customer can show within a week that they were in possession of a valid eTicket at the time of determination.

(6) Transfer of the eTicket purchased to another mobile device for use by the customer is not possible and not permitted.

21. Cancellation and refund for eTickets

(1) It is not possible to cancel a journey once it has been started. The customer may, however, terminate the journey by checking out.  In this event, the journey will be invoiced from starting point to end point. If checkout is activated at the starting station, thus before the journey has begun, no journey will be invoiced.

(2) Refunds are generally excluded. If the customer states that an incorrect tariff has been calculated by the Shop or a higher price was charged due to an operational disruption, the customer must inform customer service of this by text message or in writing within 14 days of termination of the journey (kundendialog@rheinbahn.de). If customer service establishes that the customer has been charged an incorrect price through no fault of their own, they will be refunded the differential sum.

(3) In such an event, Rheinbahn has a period of 30 days to check the proof and to process the refund request. For more complex cases, this period may be extended to a maximum of 90 days. The customer will be informed of this. The customer may at any time contact the local dispute resolution centre or the online dispute resolution service according to Art. 14 Section. 1 ODR-VO to request clarification. In order to fulfil the legal requirements for the storage of data, personal data (transaction data) will be deleted within the legally prescribed deadlines.  Further details can be found in the data protection declaration. Refunds are excluded after data has been deleted.

(4) If Rheinbahn establishes invoicing errors based on analyses carried out in the background system, Rheinbahn will make a correction to the invoice without being asked to do so and immediately inform the customer of this. Corrected bookings are initiated by Rheinbahn to the currently stored payment medium.


Part D Additional special business conditions for the sale of subscriptions using the Rheinbahn App Shop


1. The start of the period of validity for subscriptions is calculated according to complete calendar months and is thus valid from the first of each month.

2.
a. Ordinary cancellation
Parties may cancel until the 10th. of a calendar month. Cancellation is effective for the following month. Customers can cancel by clicking on “Cancel subscription”. The cancellation is then confirmed by Rheinbahn.
b. Extraordinary cancellation
The right of the parties to extraordinary cancellation for good cause remains unaffected. A good cause for the customer is, in particular, in the event of an increase in the price of subscription.

3. Automatic payment collection occurs no later than on the third working day of the current month.

4. For safety-related reasons, Rheinbahn does not provide a barcode for the entire contractual period but issues monthly barcodes for each individual calendar month in the “my Tickets” menu.

5. Abobedingungen des VRR.(subscription conditions of VRR) shall apply.