Unless explicitly stated otherwise, the following applies to the purchase of tickets using the “VGN Journey Planner & Tickets” app (“VGN app”) or from the VGN online shop at shop.vgn.de (“VGN online shop”).

1 General

(1) Customers can purchase selected tickets for the entire VGN area of Greater Nuremberg (“VGN”) online from the VGN online shop or with the VGN app. Use of the VGN online shop and the VGN app is in all cases subject to these “General Terms and Conditions”. By using the VGN online shop or the VGN app customers agree to all the following regulations.

(2) 2) These General Terms and Conditions apply to the purchase of tickets in the VGN online shop and with the VGN app and apply in addition to the valid VGN Conditions of Carriage and Fare Regulations.

(3) VGN has contracted the operation of the VGN online shop and the ticket shop included in the VGN app to VAG Verkehrs-Aktiengesellschaft Nürnberg (“VAG”). This means that tickets are sold by VAG. VAG should also be contacted by customers directly if they have any questions relating to the VGN online shop or the ticket shop included in the VGN app.

(4) VGN retains the right to modify, correct and/or improve the information, and the products described in such information, at any time and without prior notice to the extent that this is reasonable for customers. This also applies to changes made in support of technical developments, for maintenance and rectifying faults.

(5) VAG fulfils bookings made in the VGN online shop using the services of the IT service provider eos.uptrade GmbH, Schanzenstr. 70, 20357 Hamburg and using the e-payment services provided by the financial services company LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (“LogPay”). For this purpose the personal data required in order to perform the contract will be sent to the named service providers. Detailed information on the transmission of data and on data protection can be found in our Privacy Policy.

2 Registrierung

1) In order to use the VGN online shop or the ticket shop included in the VGN app, customers may register with the VGN online shop or the VGN app by providing the following accurate and complete information:

• Mr/Ms/Mrs
• First name and surname
• Full address
• Date of birth
• Email address
• Desired means of payment
• Bank details with IBAN (if SEPA direct debit scheme is used)
• Credit card details (if paying by credit card)

There is no need to register if you use the VGN app in conjunction with the payment method Apple Pay, Google Pay or PayPal as well as in the online shop in conjunction with the payment method PayPal. Mobile tickets can be purchased here as a guest purchase.

(2) The following exceptions apply to the purchase of a semesterticket basic:

• Payment data does not need to be entered
• For technical reasons the address fields must be completed. However, students can enter the address of their university in these fields. The buyer’s actual address only needs to be entered once the semesterticket additional has been purchased.

(3) The customer undertakes to enter any data which is essential for the contract (in particular name, address, means of payment) in his or her personal login area without delay if there are any changes. If the customer fails to provide such information, LogPay will be entitled to charge any additional costs incurred as a result to the customer.

(4) Use of the VGN online shop and the VGN app may be limited according to the customer’s age: Customers younger than 16 are not permitted to register. The SEPA direct debit scheme can only be used by persons who are legally capable and have reached the age of 18.

3 Sending of tickets

3.1 Tickets sent by post

(1) Tickets sent by post are identified using a letter symbol in the VGN online shop.

(2) Tickets sent by post are sent to customers by post. Depending on the tickets actually purchased or the value of the purchase, postal charges may be made in addition to the ticket price.

(3) Postage costs: The cost of sending tickets by post which can also be obtained as printed tickets / mobile tickets (day tickets, multi-trip tickets, holiday tickets) is generally €3. The cost of posting tickets which are only available as tickets sent by post depends on how much the tickets cost: A flat postal charge of €2 is made for purchases worth up to €30. No postal charge is made for purchases worth €30 or more.

(4) Tickets sent by post are usually sent by post within 3 to 4 working days. Customers must make sure that the address which they provide is one to which postal deliveries can be made. The customer bears the risk of postal delivery, subject to statutory provisions.

(5) VAG reserves the right to withdraw from the contract if the goods cannot be delivered for reasons for which VAG is not responsible. In this case the customer will be informed immediately about the non-availability of the goods and any payments which may have been made by the customer for such purchase will be reimbursed.

3.2 Printed and mobile tickets

(1) Printed and mobile tickets are identified in the VGN online shop by a printer and mobile phone symbol.

(2) Printed and mobile tickets can either be printed out after they have been purchased or displayed on a mobile device. As printed tickets and mobile tickets differ, customers must opt for one type of ticket when downloading. For as long as such tickets remain valid, however, printed and mobile tickets can be downloaded any number of times from the customer account.

(3) The start of validity and, for some price levels, the start location or start/destination must be stated for printed/mobile tickets. This information is then shown for inspection purposes on the printed ticket or is displayed with the ticket.

(4) Printed tickets/mobile tickets do not need to be validated as the start of validity and the bus stop/train station from which the journey begins are already shown on the ticket.

(5) Only selected products are available as printed and mobile tickets in the VGN online shop and with the VGN app. This offer may change at any time without advance notice. The tickets currently available are listed in the VGN public transport network rules and regulations Gemeinschaftstarif „J Print-, Handy- und eTickets“.

(6) Users must ensure that their mobile device is capable of displaying the entire mobile ticket without error.

3.3 Mobile tickets using the “VGN Journey Planner & Tickets” app

(1) Mobile tickets can also be purchased directly using the “VGN Journey Planner & Tickets” app. In contrast to mobile tickets which are purchased on the website, valid mobile tickets are stored directly in the app and can be accessed there at any time.

(2) Printed and mobile tickets which have been bought in the VGN online shop can also be displayed using the VGN app. To do this, Customers must log in to the app using their access data.

(3) The VGN app can be used with iOS and Android operating systems.

4 Purchasing and using tickets

(1) The customer is responsible for providing adequate hardware and software which is capable of downloading, printing or displaying tickets on a mobile device.

(2) Printed tickets are available as PDF files. Software, such as Adobe Reader, is required to display downloaded printed tickets.

(3) Unless issued for travel at another stated time, tickets only entitle their holders to travel immediately.

(4) Printed and mobile tickets cannot be reimbursed, cancelled or exchanged.

(5) Printed and mobile tickets are non-transferable and can only be used in conjunction with an identity document which includes a photograph of the person designated on the ticket or network pass. The rules which apply to different types of ticket are stated in section 2 of the VGN public transport network rules and regulations (“VGN Gemeinschaftstarif”) “J Print-, Handy- und eTickets “.

(6) Printed and mobile tickets must be shown to staff on demand in such a way that all the information can be read and properly inspected.

(7) Tickets which are purchased using a mobile phone after the journey has begun will not be recognised. Under the applicable Conditions of Carriage (“Beförderungsbedingungen”) and Fare Regulations (“Tarifbestimmungen”) , customers will be required to pay a higher charge in such cases.

(8) If customers are unable to show tickets for inspection owing to a defect in a mobile device on which the ticket should be displayed (e.g. owing to technical problems, mobile device no longer charged, etc.), but provides proof within 10 days that he or she was the holder of a valid electronic ticket at the time of the check, the regulations pursuant to Section A §9 of the applicable VGN public transport network rules and regulations (“VGN Gemeinschaftstarif”) shall apply.

(9) If the ticket is not available in the VGN online shop or on the VGN app, or if the ticket is downloaded incorrectly or incompletely, the user must purchase a valid ticket in another way before beginning a journey.

(10) Customers must check that their mobile devices are compatible with the app or online shop in advance. Tickets which cannot be displayed correctly are not valid.

(11) VAG and its associated service providers will not accept any costs incurred by customers, either directly or indirectly, as a result of using the products from the online shop or on the VGN app. This applies to transaction costs charged by banks and to any telecommunication costs.

(12) The email confirming purchase is not an invoice and cannot therefore be used for input tax purposes.

5 Making a contract

(1) When a customer makes a booking, this represents an offer to contract to purchase. The offer is made by sending the internet order form at the internet address https://shop.vgn.de or in the VGN app.

(2) A contract is made between a customer and VAG as soon as an email confirming purchase of the ticket has been received. Contracts are made subject to a creditworthiness and data check performed by VAG and LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn or other company contracted for this purpose. The purchase price is due immediately.

(3) The customer undertakes to pay the price of the ticket obtained under the contract by means of the payment functions provided.

6 Cancellation right

Under Section 312(2) No. 5 of the German Civil Code (BGB), consumers do not have the right to cancel passenger transport contracts under Section 312g of the German Civil Code (BGB).

7 Payment service provider

7.1 Notification of assignment

Payment for purchased tickets will be collected by the financial services company LogPay. All claims to payment, including any ancillary claims and charges, have been sold and assigned to this company (notification of assignment). LogPay is the third-party beneficiary of the following provisions. This company is also authorised to collect payables in its own name and for its own account.

7.2 Means of payment

(1) Payment for tickets which have been ordered is subject to the following rules in addition to the conditions described above. Payment via a SEPA direct debit is limited to persons who are legally capable and have reached the age of 18. All other means of payment may be used from the age of 16.

(2) Customers may opt to use any of the following means of payment for orders placed in the VGN online shop or on the VGN app:

• Payment by SEPA direct debit
• Payment by credit card (Visa, MasterCard or American Express)
• Payment by Apple Pay (only if the VGN app is used on iOS devices)
• Payment by Google Pay (only if the VGN app is used on Android devices)
• Payment by PayPal

No other means of payment may be used. Customers are not entitled to demand the use of one of the stated means of payment.

7.3 Collection

Payments will be collected using the SEPA direct debit scheme or by credit card through LogPay, usually within five (5) banking days of purchase of the ticket. The debit of the account or the credit card is dependent on processing by the customer’s payment service provider. The overview of the ticket purchases made (referred to in the following as the “sales overview”) shows each ticket which has been purchased and can only be viewed electronically and downloaded by the registered customer from the VGN online shop or on the VGN app.

7.4 Payment by SEPA direct debit

(1) Customers who choose to use the SEPA direct debit scheme must provide their personal data (first name, surname, address, date of birth and email address) as well as details of a bank account held within the European Union to enable the payment made for a purchased ticket to be clearly assigned. Customers who choose this means of payment and agree to these General Terms and Conditions authorise LogPay to collect payments from their stated account by means of a SEPA direct debit. At the same time customers instruct their payment service provider to pay any direct debits made by LogPay from their account. Customers are notified that they may demand reimbursement of the amount which has been charged within eight (8) weeks of the date of debiting. The conditions agreed with the customer’s payment service provider apply in this regard. If a customer is not the holder of the stated account, the customer shall ensure that the account holder’s consent has been given to the SEPA direct debit.

(2) Customers shall provide all the account information which is required for the purpose of participating in the SEPA direct debit scheme (including account holder and international bank account number (IBAN)) and shall enter this in the shop system or app using the form provided for this purpose. Customers will receive prenotification of the collection date and amount from LogPay as part of the SEPA direct debit scheme. Customers will receive the prenotification at least two (2) days before the amount is collected. Prenotification will be sent to the stated email address with the confirmation of order by electronic channels.

(3) Customers must ensure that the stated account has sufficient funds to allow the SEPA direct debit to take place. If a SEPA direct debit is returned by the payer without justification or if collection of the amount from the payer’s payment service provider fails for reasons for which the payer is responsible – including insufficient funds, wrong or invalid bank data or objection – the payer must provide sufficient funds or take steps to remedy the reasons for the interference with payment to allow collection of the outstanding amount, plus any third-party fees of the payment service provider incurred, on the day stated in the reminder. LogPay shall be entitled to claim for more extensive losses caused by delay.

(4) By agreeing to these General Terms and Conditions customers waiver the collection of a written SEPA direct debit mandate. This waiver shall be declared by the customer to the customer’s payment service provider, the creditor’s payment service provider and the creditor. Customers consent to the declaration of waiver being sent to the parties referred to above. If the customer is not the account holder, the customer must send the mandate reference number to the account holder.

7.5 Payment by credit card

(1) Payments by credit card can only be made using Visa, American Express or MasterCard. No other credit cards are currently accepted.

(2) The following credit card data for the customers is obtained during the booking procedure:

1. Surname and first name of the credit card holder
2. Type of credit card (Visa, MasterCard, American Express)
3. Credit card number
4. Credit card expiry date
5. Credit card CVC code

This data is then sent to the LogPay server.

(3) The LogPay system checks that the credit card data provided by the customer is correct and for any restriction notices issued by the issuer of the credit card. If the customer is not the holder of the stated credit card, the customer must ensure that the credit card holder’s permission has been given to the debit. The customer must also ensure that the credit card is not blocked and has a sufficiently high limit. If authorisation fails for any reason whatsoever, the customer will be sent a corresponding error message.

(4) The amount will be deducted from the customer’s account on the date agreed in the credit card agreement between the customer and payment service provider.

(5) If the customer’s payment service provider supports the “3D Secure protocol” (Verified by Visa / MasterCard® SecureCode™), this system will be used to improve the security of payments made with the credit card and to protect against fraud. If the customer’s payment service provider does not support the 3D Secure protocol or does not support the implementation of the 3D Secure protocol or regards the application of the 3D Secure protocol as superfluous, this check will not be made.

(6) The customer must ensure that the amount payable can be debited to the credit card. If the customer arranges a chargeback to which they are not entitled or if collection of the amount due fails owing to reasons for which the customer is responsible, the customer must provide sufficient funds or take steps to remedy the reasons for the interference with payment to allow collection of the outstanding amount, plus any third-party fees of the payment service provider incurred, on the day stated in the reminder. LogPay shall be entitled to claim for more extensive losses caused by delay.

7.6 Payment using Apple Pay

Customers must have a means of payment stored in their Apple Wallet if they wish to pay using Apple Pay. If they wish to pay using Apple Pay, customers must select Apple Pay as the payment method in the app. Customers must confirm the purchase to trigger payment. Once payment is successful, tickets are issued to customers via the app. If payment is unsuccessful, they receive an error message.

7.7 Payment by Google Pay

Customers must have a means of payment stored in their Google Wallet if they wish to pay using Google Pay. If they wish to pay using Google Pay, customers must select Google Pay as the payment method in the app. Customers must confirm the purchase to trigger payment. Once payment is successful, tickets are issued to customers via the app. If payment is unsuccessful, they receive an error message.

7.8 Payment by PayPal

To pay by PayPal, customers must first select PayPal as the means of payment. Customers are then redirected to the PayPal website where they enter the data needed. Non-registered customers must then provide confirmation of payment. Registered customers enter a billing agreement with LogPay which allows the due amount to be charged to the customer’s PayPal account. The offer by non-registered or registered customers to buy can only be accepted if the corresponding PayPal account is successfully charged. Customers receive confirmation or rejection accordingly.

8 Liability of VAG and of customers

8.1 Scope of VAG’s liability

The liability of VAG for all services offered in the VGN online shop and on the VGN app as well as for VAG services purchased in the VGN online shop or on the VGN app is limited as follows: The liability of VAG is limited to intent and gross negligence as well as to breach of important contractual duties due to slight negligence. Liability for a breach of important contractual duties due to slight negligence is limited to the damages typically foreseen under the contract. Important contractual duties are those contractual obligations which must be complied with for the contract to be performed properly at all and which contracting parties routinely expect to be complied with. Damages typically foreseen under the contract are those which the contracting party assumed at the time the contract was made could potentially be incurred as a result of a breach of contract or, with due regard to circumstances, which the contracting party was aware of or should have been aware of had the contracting party exercised due care. Unlimited liability is held for injury to life, limb or health. The same shall apply to liability arising from strict liability, e.g. the German Product Liability Act (Produkthaftungsgesetz).

8.2 Scope of Customers’ liability

Customers shall be liable for all damages incurred by VAG as a result of culpable non-compliance of the duties set down in these General Terms and Conditions. Customers shall also be liable to VAG for damages caused by them by way of at least negligence to property belonging to or in the possession of VAG. Customers are liable for the consequences of traffic offences or criminal offences committed by them during use of the services. Customers shall bear all the resulting costs and shall indemnify VAG completely against any third-party claims.

9 Privacy policy

You can find detailed information on the collection, processing and transmission of data and your rights in our Privacy Policy.

10 Arbitration

(1) Out-of-court dispute resolution for online purchases:

The European Union has set up an online portal for out-of-court settlement of consumer disputes arising from online purchases. The portal is available at the following link: https://webgate.ec.europa.eu/odr/ The contract partner’s email address for the VGN online shop and the VGN app is: verkauf@vag.de

(2) VGN GmbH and VAG have also taken out voluntary membership of söp, the German Conciliation Body for Public Transport, and by doing so have signalled their fundamental willingness to take part in conciliation proceedings. Customers may contact söp at any time if they are less than satisfied with the way their request has been handled:

söp – Schlichtungsstelle für den
öffentlichen Personenverkehr e.V.
Fasanenstraße 81

10623 Berlin

https://soep-online.de/

11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) Place of performance and legal venue is Nuremberg.

Last updated: January 2023