GTC

Terms and Conditions of purchasing and using tickets via mobile phone service (easy.GO)

1. Conditions/Terms of License

The purchase and use of tickets via the mobile phone service easy.GO (easy.GO) and the use of the software provided for this purpose are subject to agreement to these terms and conditions. By downloading, installing or using easy.GO you agree unconditionally to these terms and conditions. These conditions supplement the current Terms of Transportation and Tariff Provisions of the passenger transportation companies (TC) participating in easy.GO. as well as the service provider’s data protection regulations. easy.GO tickets are transacted by the participating TCs; an IT-service provider (TAF mobile GmbH, Jena) responsible for the billing and the transfer of the mobile services; and the German mobile network service providers (service providers.)

2. General

The TCs participating in easy.GO offer services that allow you to check public transportation timetables and other travel-related information via your mobile phone and to pay for easy.GO tickets without cash. By accepting these terms and conditions, you obtain a basic license to use easy.GO and the appropriated services provided by the app’s functions. You will have the restricted right to use easy.GO for private purposes only. You are not entitled to sell easy.GO or make changes, adjustments, generate other products based on it or to attempt in any way to interfere with the software’s source code. The easy.GO software is provided free of charge. easy.GO is accessed via mobile phone and the respective carriers will charge you – based on their tariff structures - for connecting to the Internet and for the time you stay connected. You will find the cost of data transfer in the plan you signed with your carrier. To display maps on iPhones you will need a CloudMade library. You hereby agree to the terms and conditions of license to use the map material (http://cloudmade.com/about/api-terms-and-conditions).

3. Purchasing and using tickets via easy.GO

To purchase tickets on your mobile phone, you have to download the easy.GO software first. The tickets requested are provided via data transfer in easy.GO. To find out how much your carrier charges for data transfer, please check your mobile payment plan. Requesting a ticket via easy.GO constitutes an offer to purchase a ticket and, when the ticket is provided, the offer is deemed accepted. Therefore, a purchase contract between you and the TC immediately comes into effect. The ticket is valid immediately and must be purchased before getting on the TC’s vehicle, even if this provision deviates from the provisions in the respective TC’s Terms of Transportation. You must make sure you are in possession of a valid ticket before getting on the public transportation vehicle. Money back and cancellations are not possible. You must have the ticket (displayed on an operable mobile phone) with you at all times during your journey and be prepared to present it or hand it over to the ticket inspector or other controlling authority when asked to do so during your journey. You are responsible for your mobile phone’s operability, for guarding it against misuse, and for ensuring that the ticket’s entire content is displayed accurately. If the service is unavailable or the mobile ticket is not downloaded accurately and completely, you must purchase a ticket from another point of sale prior to embarking on your journey. If you are unable to prove that you hold a valid ticket due to technical problems with your mobile phone (such as network interruptions, battery empty, etc.) the ticket inspector has the right to levy a fine in accordance with the TC’s Terms of Transportation. You can find an overview of all the tickets you have purchased in an invoicing period at any time at www.myeasyGO.de/Portal or on your mobile phone invoice. To confirm ticket purchases you must use a personal identification number (password). You are responsible for safeguarding this password. You can change the password whenever you wish, or re-set it using the “Reset Password” function. If the password is entered incorrectly five times in a row, the system automatically blocks the user.

4. Billing and Payment

Ticket prices (fares) are based on the TC’s current fare structures. You will be additionally charged connection fees according to the terms stated in your mobile provider’s payment plan. Billing and ticket payments are transacted via the mobile phone bills of the carriers the TC has assigned its receivables to. The carriers’ GTC apply hereto. Please contact your mobile service provider in the event of disputes. In the case of pre-paid plans, the fare is deducted from the pre-paid credit immediately after purchase. If you do not have sufficient credit, you will not be issued a ticket. 5. Opting out You can opt out of easy.GO at any time. To ensure that the app is fully disabled we recommend you delete the application from your mobile phone. You can also prohibit further easy.GO ticket purchases through the IT service provider.

6. Blocking/cancelling

the function If you lose your mobile phone or SIM card, you must inform your mobile service provider immediately of this circumstance. Until your mobile service provider has received the notification, you continue to be liable for purchases made using easy.GO on your device or using your SIM card. All ticket purchases until the function is blocked will be considered as having been made by you. If, on the other hand, the TC or the service providers establish misuse, the ticket purchase function via easy.GO will be cancelled immediately. The IT service provider will send you a text informing you of the cancellation. The easy.GO ticket purchase function will also be cancelled if you have not paid your already overdue mobile network provider’s bills despite reminders for payment. In this case the GTC of your mobile network provider shall apply.

7. Data Protection

The service providers save the connection data required for the performance of the contract to provide the ticket purchase service, and send this to the respective mobile network operators. Personal data is only collected insofar as it is required for the purpose of performing the contract. The connection data necessary for billing the tickets, including personal data, is saved and used by the mobile network provider in accordance with § 15 of the German Teleservices Act (TMG). Upon completion of the contract the personal data is blocked for further use and deleted as soon as commercial and tax law regulations have been complied with. Data may only be stored for longer periods in accordance with the exceptions listed in § 15 Abse. 7 u. 8 TMG.

8. Warranty and Liability

To enable purchasing tickets via easy.GO, third party technical systems and services are required. The IT service provider TAF mobile assumes no liability to companies for software programs, transmission routes, end devices, telecommunications services or other services. In the event of malice or gross negligence, the IT service provider TAF mobile assumes liability under the provisions of the law. No liability shall be assumed in the event of minor negligence affecting non-essential contractual obligations. If the IT service provider TAF mobile is prevented from performing its contractual obligations due to force majeure or other unpredictable, extraordinary circumstances that could not be averted despite all reasonable precautions and care taken in the face of these circumstances – e.g. operational disruptions, regulatory actions, natural disasters, etc. – users shall have no right to claim for any consequential damages. Furthermore, no liability can be assumed for faults or defects in connection with using easy.GO or for interruptions, failures or delays during use or for discontinuation or termination of easy.GO. If users receive inaccurate or non-current information via easy.GO’s information service, they are not entitled to claim for compensation. This shall not apply if the wrong information was deliberately provided. Deviations from timetables and schedules due to traffic obstructions, technical problems and interruptions of operation as well as lack of space on the public transportation vehicles do not constitute a right to claim for damages; likewise, the announced connections cannot be guaranteed. The above disclaimers and limitations of liability shall not apply in the case of liability in accordance with the product liability law or in cases of malice or gross negligence or liability due to injury to life, body or health.

9. Miscellaneous

If any of the provisions of this agreement should become partially or entirely illegal, invalid or unenforceable, the validity of the remaining provisions shall not be affected. The legal regulations shall come into effect in place of the invalid provisions. Any dispute shall be settled in Jena, Germany. The public transportation companies participating in easy.GO are displayed on the mobile client in the legal notice of the region selected by the user.  

Effective: 09 July 2011