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General terms and conditions

1 General

(1) Selected tickets for the entire VGN area of Greater Nuremberg can be purchased from the VGN online shop. Use of the VGN online shop is subject exclusively to these “General Terms and Conditions of the VGN Online Shop”. By using the VGN online shop, the customer agrees to all the following regulations.

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

(3) Verkehrsverbund Großraum Nürnberg (VGN) has contracted the operating of the VGN Online Shop 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.

(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 the user. This also applies to changes made in support of technical developments.

(5) In the absence of explicit provisions in the following General Terms and Conditions, the relevant statutory provisions shall apply.

(6) VAG shall fulfil bookings made in the VGN online shop using the services of the IT service provider EOS UPTRADE GmbH, Schanzenstr. 70, 20357 Hamburg and to process the e-Payment services (webshop, mobile app) the financial company LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter also referred to as “LogPay"). For this purpose the personal data required in order to perform the contract will be sent to the named service provider. You can find detailed information on the transmission of data and data protection in our data protection declaration.

2 Registration

(1) In order to use the VGN online shop the customer must register with the shop by providing the following accurate and complete information:

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

(2) The following exceptions apply when purchasing a semester pass basic ticket:

  • 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 additional semester ticket has been purchased.

(3) The customer agrees to enter any data which is essential for the contract (e.g., 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 may be restricted depending on the customer’s age: customers aged 16 or younger 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 Bookings

(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 to the internet address https://shop.vgn.de

(2) A contract is then made with the transport company VAG. The contract is made by returning confirmation via the selected delivery channel (e.g. email) as confirmation of purchase by the transport company. The purchase price is due immediately.

4 Sending of tickets

4.1 Postal tickets

(1) Postal tickets are identified using a letter symbol in the VGN online shop.

(2) Postal tickets are sent to the customer 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 postal tickets 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 postal tickets 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) Postal tickets 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.

4.2 Printed and mobile tickets

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

(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, the user 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. This offer may change at any time without advance notice.

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

4.3 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, users must log in to the app using their access data.

(3) The VGN app is available at no charge for the iOS, Android and Windows Phone operating systems.

5 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. Users will need a PDF reader (such as the free Adobe Reader) in order to download the printed ticket.

(3) Tickets can be used to begin a journey immediately unless they have a specific validity date.

(4) Printed and mobile tickets can be downloaded and/or printed out any number of times during the ticket validity period.

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

(6) 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 (Summer holiday ticket is only valid with a network pass).

(7) 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.

(8) Tickets which are purchased using a mobile phone after the journey has begun will not be recognised. In such cases the user will be required to pay a higher charge in line with the valid Conditions of Carriage and Fare Regulations.

(9) If tickets cannot be shown 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.), the passenger will be treated as if they had not purchased a valid ticket in accordance with the Conditions of Carriage and Fare Regulations.

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

(11) It is important to ensure that mobile devices are compatible before beginning a journey. Tickets which cannot be displayed correctly are not valid.

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

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

6 Making a contract

(1) A contract is made between the user and VAG as soon as the email confirming purchase of the ticket has been received. Contracts are made subject to a creditworthiness and data check performed by VAG, LogPay or other company contracted for this purpose.

(2) The customer undertakes to pay the price of the ticket obtained under the contract.  

7 Cancellation rights notice

7.1 Cancellation right

(1) The customer has the right to cancel this contract within 14 days without giving any reason for doing so.

(2) The cancellation period is 14 days from the day on which the contract is made (in the case of service contracts) or from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession (postal tickets) of the goods (in the case of a contract to purchase).

(3) The customer must send a clear statement (by post, fax or email) notifying of the cancellation of this contract to

VAG Verkehrs-Aktiengesellschaft Nürnberg
Südliche Fürther Straße 5

90429 Nürnberg,

(4) In order to cancel within the cancellation period it is sufficient for the customer's notice to cancel to have been sent before the period expires.

(5) Printed tickets and mobile tickets cannot be revoked or cancelled as they can be printed out several times and used immediately.

7.2 Consequences of cancellation

(1) If the customer cancels this contract, VAG must reimburse to the customer any payments which VAG has received, including costs of delivery (with the exception of the additional costs incurred if the customer has chosen a different form of delivery than the cheapest standard delivery offered by VAG), without delay but at the latest within 14 days of the day on which the notification of cancellation of this contract is received by VAG.

(2) VAG will use the same means of payment used by the customer for the original transaction to reimburse the customer, unless an alternative has been explicitly agreed; in no circumstances will the customer be charged additionally for such reimbursement.

(3) Reimbursements will be made in accordance with the applicable Fare Regulations.

(4) VAG reserves the right to refuse repayments until the goods (postal tickets) have either been received by VAG or verifiable evidence of their return has been provided by the customer.

(5) The customer undertakes to return or surrender the goods to VAG without delay but at the latest within 14 days of the day on which the customer has notified VAG of cancellation of this contract. The goods (postal tickets) must be sent to the following address:

VAG Verkehrs-Aktiengesellschaft Nürnberg
Südliche Fürther Straße 5

90429 Nürnberg

(6) This period will be deemed to have been observed if the goods (postal tickets) are sent in good time.

(7) The customer will be required to pay the direct costs of returning the tickets.

(8) The customer will be required to compensate for any loss of value in the tickets if this loss of value is due to handling of the tickets by the customer which was not necessary for the purpose of examining the features and testing the functions of the goods. Examining the features and testing the functions of the tickets means testing and trying out the goods concerned.

(9) If the customer has requested that the services should begin during the cancellation period, the customer must pay VAG an appropriate amount which corresponds to the actual services provided to the customer up to the time at which the customer informs VAG of their decision to exercise the right to cancel in relation to the total scope of services provided under the contract.

(10) The cancellation rights expire automatically in the event of a service which has been performed in full and enjoyed by the user before the cancellation period ends.

8 Notification of assignment

Payment for the 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.

9 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. Payment by credit card is available to customers over 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:

  1. Payment by SEPA direct debit
  2. Payment by credit card (Visa, American Express, MasterCard)

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

9.1 Collection

(1) Payments will be collected using the SEPA direct debit scheme by LogPay, usually within the next five (5) banking days following purchase of the ticket. The debit of the account or the credit card is dependent on the processing of 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.

9.2 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 in Germany, date of birth and email address) as well as bank details to enable the payment made for a purchased ticket to be clearly assigned. Customers who choose this means of payment by agreeing to these General Terms and Conditions authorise LogPay to collect payments from their bank account within the SEPA European Union 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 shall 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, so that can be collected on the day stated in the reminder. LogPay shall be entitled to assert more extensive losses caused by delay.

(4) 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 waiver ceases to apply or is ineffective, customers shall provide a written mandate without delay. To do this, it is enough to send an email to sepa@logpay.de with the request for the SEPA direct debit form. Customers will then receive the form for the SEPA direct debit mandate which must be completed, signed and posted back to LogPay. If the customer is not the account holder, the customer must send the mandate reference number to the account holder.

(5) As part of the registration process for the SEPA direct debit scheme or when changing to the SEPA direct debit scheme from another means of payment, LogPay will, at its own discretion, check the customer's creditworthiness. This check is done by comparing the personal data provided by the customer against the data held by a credit reference service provider (refer to 11 Data privacy).

9.3 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 cardholder
  2. Type of credit card (Visa, American Express or MasterCard)
  3. Credit card number
  4. Credit card expiry date
  5. Credit card CVC code

This data is then sent to the LogPay server.

(3) This credit card data will be checked the first time it is provided. This is done by sending the data provided by customers to the payment service provider and requesting and authorising an amount of one euro. This authorisation will usually expire automatically within two weeks. The requested amount is not posted or collected.

(4) 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. For this purpose the customer's personal data is passed on to the companies listed in the data protection statement. If the customer is not the holder of the stated credit card, the customer shall ensure that the credit cardholder's consent 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.

(5) 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.

(6) If 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 process, this step will be skipped.

(7) 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 will be required to pay any third-party charges of the credit card acquirer in addition to the price of the ticket.  LogPay shall be entitled to assert more extensive losses caused by delay.

(8) The claims arising from the purchase of tickets can be seen by the customer as a total amount in euros on the credit card statement issued by the customer's payment service provider. Registered customers can find and download detailed information about the composition of the total amount in their account in the VGN online shop.

10 Liability for hardware and software defects

Transactions which fail owing to software or hardware which has been incorrectly installed by the customer will be charged for in full if the data transfer has been completed in full on the server website. VAG disclaims all liability for damage to the customer's hardware and software as a result of using the VGN online shop, unless such damage has been caused as a result of wilful intent or gross negligence on the part of VAG, its agents in performance and vicarious agents. VAG or its agents in performance/vicarious agents shall not be liable for damage which may be incurred as a result of the transfer of data.

11 Data protection

(1) You can find detailed information on the collection, transmission and processing of data and your rights in our data protection declaration.

(2) You can access the data protection information for LogPay Financial Services GmbH at https://landingpage.logpay.de/mobility_dsgvo_2018/

12 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 items bought online. The portal is at: https://webgate.ec.europa.eu/odr/.

The contract partner's email address 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 

www.soep-online.de

13 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 Sales of Goods.

(2) If one or several of the provisions of these General Terms and Conditions are or become ineffective in whole or part, this shall not affect the effectiveness of the other provisions and the remaining contract as a whole.

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

 

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Last updated 21/01/2019