GENERAL TERMS AND CONDITIONS

General terms and conditions for the sale of network tickets through Salzburg Verkehr 2GO (hereafter abbreviated to SBG2GO) (check-in | check-out system with subsequent best price calculation) by Salzburger Verkehrsverbund GmbH

 

Preamble
With the SBG2GO app for the check-in | check-out system Salzburger Verkehrsverbund GmbH (hereafter SVG) pursues the aim of calculating the cheapest price for the trips of customers within Salzburger Verkehrsverbund (SVV) transport association without them having to deal with the different fares for the journeys. At the end of a billing period all single journeys in the week are taken into account and the cheapest price for the customer is calculated.

The customer is offered the option of one-off registration on the mobility platform. After this the customer can download the SBG2GO app and swipe to obtain a ticket for journeys within SVV (check-in). When alighting the customer must then swipe again in the app to end the journey (check-out). The customer easily and conveniently pays for the journeys weekly in arrears by means of a saved credit/debit card.

The following general terms and conditions govern the purchase of tickets via the SBG2GO app and its use. When using the app the customer accepts the following general terms and conditions (GTC).

1. Validity area and relationship with other provisions and general

• Purchase of the ticket via SBG2GO is from the transport companies that operate in the SVV network area (federal state of Salzburg). The booking of the ticket in the SBG2GO app is sold on behalf and account of the respective partner companies. It is with these companies that the passenger concludes the contract of carriage. Legal relationships that arise from the carriage are formed only with the company whose modes of transport are used.
• The other contractual and business terms and conditions of SVG remain applicable unless they conflict with these GTC. If the other contractual and business terms and conditions or even (modifiable) provisions conflict with these GTC then SVG and the customer agree that these GTC take precedence over the conflicting provisions. In addition they supplement the current GTC, fare conditions and fare prices of the SVV fare (specifically for online tickets). These can be found at:
  https://salzburg-verkehr.at/tickets-preise/tarifbestimmungen-zonen/ (fare conditions) and https://salzburg-verkehr.at/en/general-terms-and-conditions/ (GTC)
• Differing conditions of the customer do not gain validity even if SVG raises no explicit objection to them or if execution of the delivery/service takes place. Objection is hereby made to any contractual offers of the customer with reference to the terms and conditions of the same.
• The governing language for conclusion of the contract and for performance of the contract is German.

2. How the SBG2GO app works

To use SBG2GO the customer must “check in” to the system before starting the journey and thus purchase a valid travel ticket. This is done by “swiping” over the check-in button (check-in). With the SBG2GO system unlike classic sale processes on local and regional public transport the customer purchases an electronically verifiable travel ticket before departure in order to use the mode of transport. Using GPS technology and motion technology it is possible to identify whether and for how long customers remain on the mode of transport as well as which route they have covered. Multiple single journeys can therefore be made with one check-in. When alighting the customer must “swipe” again to end the journey in the system (check-out). The ticket products themselves are generated for the customer only subsequently in the course of best price calculation in accordance with fig. 6 and displayed in the app as information. The services provided are billed on a weekly basis via the SEPA direct debit mandate issued by the customer in the course of registration (cf. fig. 6).

3. Requirement for use/creation of a customer account

• SBG2GO can be obtained free of charge by downloading from an app store. In the course of registration the customer must provide the following data truthfully and in full:
  – Surname, forename
  – Address
  – E-mail Address
  – Telephone number (optional)
  – Date of birth
  – Creation of a password

After successfully registering and saving a payment method the customer can activate the SBG2GO app.

• Owing to underlying technical conditions certain device types may be excluded from using the SBG2GO system by the transport company. Likewise the simultaneous operation of utility programme optimisation apps may result in exclusion of use owing to underlying technical conditions.

4. Purchase of the ticket and use of the SBG2GO app

• The service offered through the SBG2GO app does not represent a binding offer in accordance with the Austrian civil code. Rather it is an invitation to the customer to place an order. By checking in via the check-in button the customer submits an offer for conclusion of a contract of purchase and carriage with the carrying transport company. Acceptance takes place by provision of the travel ticket. The database entry with the IT service provider is decisive for validity of the travel ticket.
• SBG2GO is a personalised system and not transferable. It can be used only for an individual person via the respective smartphone.
• The travel ticket in SBG2GO must be carried at all times on the journey for inspection. The customer must ensure that the technical requirements are met. These specifically include the activation of GPS and the activation of an internet connection (in general by means of “mobile data”). Operation of the mobile device during inspection is undertaken by the traveller. Yet the inspection staff may legitimately require temporary surrender of the device for inspection.
• If the customer is unable to provide evidence of a valid travel ticket via SBG2GO on ticket inspection (e.g. owing to technical failures, empty battery etc.) then this is classified as a journey without a valid ticket in accordance with the SVV fare conditions and conditions of carriage of the respective transport company. In the event that the ticket is unavailable or in the case of incorrect/incomplete transmission of the ticket the customer is obliged to purchase a valid ticket by other means before departure.
• Travel tickets cannot be refunded or returned via SBG2GO after the start of the journey.

5. Costs

Registration for the SBG2GO app is free of charge for the customer as is acquisition of the SBG2GO app. The customer pays only for the mobility services used via SBG2GO (for details cf. pt. 3, 4 and 6).

6. Best price calculation, payment methods and billing

• The amount of the payment obligation is calculated from the user behaviour as well as the current SVV fare conditions. In this case the user behaviour comprises the recorded single journeys made within one week. All journeys from Monday to Sunday (billing date) are taken into account. At the end of a billing date all single journeys are taken into account by the system and the cheapest price for the customer is calculated from all journey combinations across the products central zone one-hour ticket, central zone 24-hour ticket, single journey in the region, day ticket for the region and myRegio weekly ticket. Monthly tickets are not taken into account. This price will then be charged to the customer and collected from the saved credit/debit card on a weekly basis at the start of the following week.
• The customer authorises SVG to collect all amounts due in the course of contract performance from the account of the same via the saved credit/debit card. The invoice will be issued by SVG on the billing date and provided to the customer. The invoice total will be collected from the account of the customer in the following week. Collection of the invoice total for other mobility services used may differ from this.
• In the SBG2GO app the customer can see a detailed view of the journeys made.
• The relevant customer invoice can be retrieved a week after the best price calculation in the app under bookings. Invoices are not sent by post or electronically.
• If the amount payable is not honoured by the bank or if it is reclaimed then SVG will charge a processing fee in accordance with the SVV fare conditions. This does not apply if the process is the result of a fault on the part of SVG. For each reminder SVG will charge a processing fee in accordance with the SVV fare conditions. This does not affect the assertion of further damages.
• Objections to debits from direct debits must be made within four weeks after invoicing. In the case of justified objections after the deadline the claims of the customer remain unaffected. Unless SVG has an instruction to the contrary from SVG any repayment claims against SVG will be credited to the customer account and offset against the next amount due.

7. Obligations of the customer

• The customer must keep the user ID and password of the same confidential and immediately block access of the same to SBG2GO if the customer suspects that these have been or could have been revealed to an unauthorised third party. The customer may share data on the internet only if it is indicated on the screen that the data transmission is encrypted.
• It is the responsibility of the customer to check invoices and communications from SVG immediately and if necessary immediately to object to them.
• If the customer identifies misuse of the account of the same then the customer is obliged to inform SVG of this immediately. The same applies in the case of loss, theft or sale of the mobile phone.
• If SVG, a transport company or the service provider identifies misuse then use of SBG2GO will be blocked immediately. The block message will be sent by e-mail from the IT service provider. SVG will regard every ticket purchase and every use of services with the registered customer account as initiated by the customer until the time of blocking. The customer must prove in this case that the customer did not use the service. In the event of a payment disruption of any nature the customer will be informed accordingly by SVG or the IT service provider. Moreover no further purchases can be made through SBG2GO until the outstanding payment claims have been settled. In the case of default of payment the customer may incur additional costs such as reminder fees. In the case of debt collection further processing to collect the debts will be undertaken by the debt collection agency engaged.

8. Cancellation

Contracts for passenger transport are essentially excluded from the application area of the act on remote and outward transactions (FAGG). There is therefore no right of cancellation.

9. Data protection

Information about data protection can be found on the SVG homepage at https://salzburg-verkehr.at/en/privacy/.

10. Liability

SVG accepts no liability for damages incurred on the basis of the contract of purchase and carriage with the respective transport company. This is the sole contractual partner of the customer and therefore does not act as a legal representative or agent of SVG.

Technical systems and services of third parties must be employed for the use of online tickets. SVG, the transport companies and their service providers neither offer a guarantee nor accept liability for devices, software programmes, transmission channels, telecommunications and other services of third parties unless otherwise specified in the following fig. Neither SVG nor the transport companies nor the service providers accept liability for faulty or failed transmission of the ticket unless the fault lies within their area of responsibility. The customer must specifically ensure provision of an internet connection to download the travel ticket and other required data.

11. Invalidity of individual provisions

Should one provision of these general terms and conditions be or become entirely or partially invalid then this shall not affect the validity of the remaining provisions. In place of the invalid provisions the statutory regulations shall apply if any exist. If this would represent undue hardship for one contracting party then the contract as a whole shall become invalid.

12. Oral ancillary agreements

No oral ancillary agreements had been made at the time of conclusion of this contract.

13. Applicable law

These general terms and conditions and their application are subject to Austrian law to the exclusion of the choice of law rules of international private law and UN sales law.

14. Place of performance

For all obligations from this contractual relationship the place of performance is Salzburg or the fare zone of Salzburger Verkehrsverbund.

15. Legal Venue

The legal venue for all legal disputes concerning the content and interpretation of these GTC is Salzburg.

1. SCOPE

1.1. By downloading the SVV ticket app or buying a ticket online (using our online ticket shop to be found at: https://ticketshop.salzburg-verkehr.at/) the general terms and conditions (GTC) are considered as agreed upon. The GTC apply for all electronic orders transmitted to us and must be recognised and accepted by you for each and every order. Until agreed otherwise the GTC apply to all present and future business transactions, even if specific reference is not made.

1.2. The GTC can be adapted for new or revised functions of the SVV ticket app or the online ticket shop if necessary. You are going to be informed about such amendments or supplements.

1.3. The tariff conditions in their current version (last updated on 09 May 2016 for the season 2016/2017, valid from 01 July 2016) as well as the privacy statement of Salzburger Verkehrsverbund GmbH are part of the contract and hereby remain unaffected.

1.4. Deviating or supplementary agreements shall only be valid if they have been set out in writing or have been confirmed by us in writing. All additional agreements, warranties and changes are only then binding if they were confirmed by us in writing.

2. ACCESS

2.1. The SVV ticket app is available for download at https://salzburg-verkehr.at/en/. The relevant Android- or iOS appfiles can be downloaded by clicking on the link “download SVV-Ticket-App”. To use all functions of the software without restrictions the latest version of the operating system iOS or Android is necessary. You will be informed while making your order, if your smartphone or tablet does not use a compatible version of the operating system.

2.2. To use all functions of our online ticket shop via our website we recommend using the latest version of Internet explorer, Firefox or Google Chrome with your Windows® device or the latest version of Safari with your Apple® device. Using other browsers or older versions can cause restrictions/limitations in the use of our web shop. We will inform you if an update of your browser is necessary to use our online shop with its full range of functions.

2.3. We have no influence on the terms and conditions of providers of any of the mentioned operating systems.

3. CONTRACT CLOSING AND PRICES

3.1. By clicking the button „order now with payment obligation“ as the last step of the ordering process and receiving the order confirmation on your email account or smartphone/tablet a legally binding service contract between you and Salzburger Verkehrsverbund GmbH, Schallmooser Hauptstraße 10, 5027 Salzburg is created.

3.2. The tariff conditions in their respective current version form part of the contract. The tariffs in accordance with the tariff conditions apply exclusively. The prices are indicated in Euros.

3.3. Payment is to be made in advance during the online ordering process by credit card or bank transfer. The online payment process is handled on the basis of a service contract with our external partner SIX-Payment Services (Europe) S.A.. Further information as well as the binding terms and conditions of SIX-Payment Services (Europe) S.A. can be found at www.six-payment-services.com.

If processing your payment with your chosen payment option is not possible for reasons beyond our control, we reserve the right to temporarily block your customer account. This temporary ban will be lifted upon your explicit pledge in writing to use a suitable and fully functional payment option during future transactions.

3.3. We would like to expressly point out that the receipt of data packets may cause fees depending on the terms of your mobile phone service provider. Please inform yourself about potential fees that may be charged by your mobile phone service provider when downloading data (including roaming charges).

4. TICKETS AND DELIVERY

4.1. Currently available in the SVV ticket app or in the online ticket shop are: single ride ticket full fare, single ride ticket reduced fare, single ride ticket minimum, 24-hour ticket full fare, 24-hour ticket reduced fare, 24-hour ticket minimum, 24-hour ticket youth. We reserve the right to offer further ticket types online.

4.2. The tickets ordered are delivered to you electronically either to your email address or your mobile phone number. No fees will be charged for electronic delivery. The tickets are non-transferable and are only valid in combination with an official photo identification.

4.3. You are responsible for printing out the tickets in such a manner that all of the information is completely and perfectly legible and verifiable. Any tickets that are not completely legible and verifiable during a ticket check will be considered as invalid.

4.4. After completing the order process via the SVV ticket app the tickets will be delivered to your smartphone/tablet immediately, which you can then save or print out. We expressly point out that displaying the ticket on a smartphone/tablet is only possible if the registered person logs on to the ticket shop/SVV ticket app. If the smartphone/tablet is not suitable for displaying tickets digitally, you have to carry a printed version of the ticket. The digital ticket has to be displayed correctly and legibly and has to be presented in connection with the specified photographic ID in case of a ticket inspection.

You are responsible for a valid internet connection and for a smartphone/tablet with adequate remaining power to buy the ticket and to present it in case of a ticket inspection.

4.5. Tickets and timetable information offered via the SVV ticket app or the online ticket shop refer to the local time (Central European Time). Therefore, differences compared to the time indicated on your device may result.

5. MUTUAL RIGHTS AND OBLIGATIONS

5.1. As a user, you are granted a non-exclusive and non-transferable right to use the SVV ticket app and our online ticket shop (to be found at: https://ticketshop.salzburg-verkehr.at/) within the scope of the GTC for an unlimited period of time. This authorisation of use does not include commercial use. Any rights exceeding the aforementioned right of use must be agreed upon with us in writing. We expressly point out that we shall hold all intellectual and industrial property rights, including all copyrights, of the software.

5.2. Brand names, information, trademarks or other contents (including the data processed) may not be copied, duplicated, modified, sold, leased, complemented or utilised in any other way without prior written consent.

5.3. Without prior written consent you may not yourself or through third parties

• copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in our software or its parts. You agree not to modify the software in any manner or form for any commercial use.
• (attempt to) overcome, circumvent or override the security mechanisms of our software (including permission management and prevention of further distribution).
• use our software to get access to contents and copy, transfer, decrypt or distribute these contents and thereby violate the law or third party rights.
• remove or modify the copyright notice, trademark, brand name or any other reference to a right of Salzburger Verkehrsverbund GmbH or a third party which are connected to the product.

5.4. As mentioned above, you may use the SVV ticket app as well as our online ticket shop (including technical interfaces) for private purposes only. In particular, it is prohibited without prior written consent:

• Automatic read out or determination of data using dedicated software (e.g. screen scraping tool, robots, spider, crawler or similar).
• Provision of access (including attempts) to confidential information or falsification/suppression of data
• Adopting the offered data for your own or other websites or mobile applications (e.g. via framing or similar technique).
• Other practice which creates disproportionate burden to our online ticket shops.

For any other use of our software than timetable check or ticket purchase for personal purposes (including marketing efforts such as “co-driving” or “power-shopping”), our prior written consent is necessary.

5.5. A breach (including the attempt) of provisions of these GTC and/or an abusive use of our software is prohibited and may result in civil and/or penal sanctions, in particular claim for damages due to copyrights infringement.

6. INSTRUCTIONS FOR USE

6.1. Your smartphone, tablet or computer saves relevant information regarding your ticket purchases and timetable searches. We recommend for your personal protection to delete the SVV ticket app or rather the relevant data in your browser history before handing over your device to a third party. This also applies if you use the SVV ticket app or the online ticket shop on a third-party device.

6.2. We expressly point out that the functions and processes of our software (SVV ticket app and online ticket shop) may be changed, limited or discontinued at our discretion.

6.3. We highly recommend to download and use latest versions of the SVV ticket app we provide. Please do not delete the prior version before updating the app. Otherwise your personal data saved would be deleted as well. Therefore, we further recommend checking if a valid ticket is saved on your device before deleting the app. The GTC apply for all our updates and new versions of the SVV ticket app as well. You will be informed, if different terms and conditions apply to a new version.

6.4. Data protection: To use our SVV ticket app or the online ticket shop personal data (name, address, payment data) must be necessarily raised. Correct and complete, data is necessary to provide you with the relevant information concerning ticket purchases and/or timetable requests. In this context we refer to our privacy statement (https://beta.salzburg-verkehr.at/privacy).

7. LIABILITY

7.1. We will hold you liable for any damages resulting from false statements made when using our online ticket services. If you intentionally provide false statements or abuse our services, we may ban you permanently from using our online ticket services.

7.2. We cannot guarantee interruption-free availability of neither the online ticket shop nor of the SVV ticket app. This derives from technical conditions necessary for internet services and telecommunication, which are outside of our control. Therefore you may not hold us liable if the SVV ticket app and/or the online ticket shop are temporarily not available. The same applies for any maintenance periods required. We always intend to solve the problem quickly and provide you with the full range of functions.

7.3. We are testing our software carefully before providing access. However, if our software causes a damage of your device we are liable for gross negligent or intentional causation of the damage only. We shall not be liable for damage resulting from slight negligence. Further, we shall not be liable for consequential damages, indirect damages, loss of profits and/or data loss. Besides we assume no liability damages caused by a third party (e.g. viruses, hacking or other disturbance of data safety).

8. REVOCATION

Contracts of carriage of passengers are excluded from the scope of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz). Therefore, no revocation right exists.

9. CANCELLATION

Buying the ticket via the Salzburg Verkehr APP, you can cancel the ticket before it’s validaty, but latest three minutes after it’s validity started. Contact us via +43 (0)662 632900 or ticketshop@salzburg-verkehr.at. Please have the 13-digit order number (see E-Mail) or the 7-digit Ticket-ID ready.

Buying a ticket via the Salzburg Verkehr Webshop always results in a Print@Home-Ticket. These need to be carried along in printed form or as a PDF on a mobile device (e.g. smartphone). The ticket is sent to the client via E-Mail. A cancellation of this ticket is not possible.

10. MISCELLANEOUS

10.1. The Austrian law applies, to the exclusion of statutes of international private law and the UN Sales Convention.

10.2. The place of performance and jurisdiction is Salzburg, unless the case relates to a consumer transaction as per §1 of the Austrian Consumer Act (Konsumentenschutzgesetz).

10.3. Should one of the provisions in these GTC be or become invalid, it should be replaced by an equivalent provision having the same economic value. The same shall apply in the event of a regulatory loophole.