General Terms and Conditions of Business (T&Cs) for BVG online sales
I General provisions
1. Area of validity
(1) The following terms and conditions apply to all ticket orders placed by customers through our digital sales channels, such as the BVG apps, on BVG.de, or through third-party providers (online sales). Tickets purchased online are delivered either as mobile tickets, smart cards, or in another digital format.
(2) For orders placed through third-party providers, customer data entry, ticket delivery, and payment processing are handled by the third-party providers.
(3) The Berliner Verkehrsbetriebe (BVG), a statutory public body, is your partner for the purchase of tickets under this contract. It should be noted that the contract of carriage is concluded with the transport company whose vehicles are used (Section 1(2) Part A of the VBB Fares Scale).
(4) To place an order through online sales, customers must be at least of limited legal capacity, and prior consent from a legal guardian must be obtained. Otherwise, orders can only be accepted from persons aged 18 years and above.
(5) Customer conditions that contradict or deviate from these are expressly excluded.
2. VBB Fares Scale/prices
(1) In addition to these T&Cs, the VBB Fares Scale (‘collective fares scale of transport companies in the Berlin-Brandenburg public transport network’) also applies in the latest version published in the Berlin official gazette.
For subscriptions, the provisions in Appendix 5, and for mobile tickets, the provisions in Appendix 8 of the VBB Fares Scale apply in the latest published versions.
(2) All fare prices stated correspond to the approved fares in accordance with the VBB Fares Scale and include the statutory VAT applicable to the fare products. If the rate of VAT changes, the customer already agrees to a corresponding adjustment in prices.
3. Liability
The BVG is liable for damages resulting from injury to life, limb, and health, for damages arising from the breach of duties that are essential to the proper fulfilment of the contract and upon which the other party regularly relies (essential contractual obligations) according to statutory provisions, insofar as the damages are due to an intentional or grossly negligent breach of duty. Liability for gross negligence is limited to foreseeable, typical contractual damages unless damages arise from the exceptional cases described in the first sentence. Otherwise, liability for damages, regardless of the legal basis, is excluded unless damages arise from the exceptional cases described in the first sentence.
4. Costs for payment processing and data transmission
The customer is aware that they may incur costs for the use of the products made available to them in accordance with these T&Cs. This, in particular, concerns costs for processing payment transactions and necessary telecommunications (e.g. data transmission via mobile networks). The BVG and its contracted service providers shall not assume any costs incurred by the customer directly or indirectly from the use of the products provided in accordance with these T&Cs. This, in particular, applies to transaction costs incurred by the customer’s credit institutions or credit card clearing houses as a result of debits or credits, as well as to all of the customer’s telecommunication costs.
5. Applicable law
The laws of Germany are applicable, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
6. Place of performance and place of jurisdiction
The place of performance is Berlin. Insofar as the customer is a registered trader or a legal entity under public law, it is agreed that the exclusive place of jurisdiction is the registered office of the seller.
7. Severability clause
If one or more provisions in these General Terms and Conditions of Business should be wholly or partly invalid, or lose their legal validity, the validity of the remaining terms shall not be affected as a result. Any wholly or partially invalid provisions shall then be replaced by provisions that correspond to the original intention.
8. Information on dispute resolution
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/. To settle disputes arising from the carriage of passengers by the BVG, the BVG has undertaken to participate in a dispute resolution procedure run by a consumer arbitration board. In such cases, our passengers may contact the following arbitration board:
söp Schlichtungsstelle für den öffentlichen Personenverkehr e. V.
Fasanenstr. 81
D-10623 Berlin
Telephone: +49 (0)30 6449933 0
Email: kontakt@soep-online.de
Internet: https://soep-online.de
The BVG does not participate in consumer dispute resolution procedures in any other cases. Please contact the BVG directly with your questions and issues if this applies to you (info@bvg.de).
II Special provision
A. Orders on BVG.de (subscriptions only)
This section applies exclusively to orders placed on www.bvg.de and only to subscriptions.
1. Conclusion of contract
(1) After selecting the product, clicking the ‘Buy’ button triggers a binding order for the customer. The BVG will promptly confirm receipt of the order. Confirmation of receipt does not constitute binding acceptance of the order.
(2) The contract for the ticket(s) ordered by the customer is concluded when BVG accepts the order via a separate notification by email or by sending the ticket to the customer, which is delivered by post.
(3) The range of available tickets available at www.bvg.de may change at any time without prior notice. There is no entitlement to issue tickets as digital tickets.
(4) If information that customers supply and that is essential to the contractual relationship (in particular address and payment method) changes, they must update it in their BVG account at BVG.de without delay. If you do not do so, the BVG or our commissioned agents are entitled to charge you any additional costs that may arise as a result.
2. Payment conditions
(1) Subscriptions can only be paid using the SEPA direct debit procedure according to the VBB Fares Scale, Appendix 5 (Subscription conditions).
(2) The payable amount is due at the start of the subscription.
B. Orders in the ‘Fahrinfo’ and ‘Tickets’ BVG apps
This section applies exclusively to ticket orders as mobile tickets via the ‘Fahrinfo’ and ‘Tickets’ BVG apps.
1. Conclusion of contract
(1) After selecting the product, clicking the Buy button triggers the order. The order constitutes a legally binding offer to enter into a contract by the customer. The BVG will promptly confirm receipt of the order. Confirmation of receipt does not constitute binding acceptance of the order.
(2) The contract for the ticket(s) ordered by the customer is concluded when the BVG accepts the order via a separate notification by email or delivers the mobile ticket within the BVG app.
According to Appendix 8, Section 3 of the VBB Fares Scale, a mobile ticket is considered delivered to the app when it is visibly displayed in a non-greyed-out form. This can take up to 60 seconds. This ensures that the mobile ticket is purchased before the journey begins. The BVG informs customers of this beforehand.
(3) The range of available tickets in the BVG apps may change at any time without prior notice.
(4) If information that customers supply and that is essential to the contractual relationship (in particular, name, address, and bank account details) changes, they must update it in their BVG account at BVG.de or in the app without delay. If they do not do so, the BVG or its commissioned agents are entitled to charge any additional costs that may arise as a result.
2. Payment conditions
(1) The BVG uses the payment service provider LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn, Germany (‘LogPay’) and the payment service provider Riverty GmbH, Gütersloher Str. 123, 33415 Verl, Germany (‘Riverty’) to process payments.
The payment due for purchased tickets will be collected by LogPay or Riverty, depending on the selected payment method, to whom all due payments, including any ancillary claims and fees, are sold and assigned (notice of assignment).
LogPay and Riverty are the third-party beneficiaries of the following provisions. They are also authorised to collect payments in their own name and for their own account.
The general terms and conditions of LogPay can be found at
[https://documents.logpay.de/de/allgemeine_geschaeftsbedingungen_de.pdf].
The terms and conditions of Riverty can be found at
[https://documents.riverty.com/terms_conditions/ticket_payments/de].
(2) The payable amount is due immediately; for the PayPal payment method, payment is made in advance.
(3) Subsequently, customers can store their desired billing address in the customer profile of the BVG apps and retrieve the invoice.
3. Payment methods
(1) Customers may choose from the following payment methods (the specific payment methods available in the digital sales channels may, however, vary):
- Direct debit via SEPA direct debit mandate
- Credit card (Visa, MasterCard, American Express)
- PayPal
- Google Pay
- Apple Pay
Other payment Payment method are not currently available. Customers are not automatically eligible to use a specific payment method. The BVG reserves the right to adjust the payment methods offered for each sales channel at any time, i.e. to remove or add payment methods.
More information can be found at
https://documents.riverty.com/app/web_terms_conditions/de_de.
Please note that these General Terms and Conditions of Business and our privacy policy also state that if you are not yet known to Riverty as a customer, Riverty will transmit your data to credit agencies (such as Schufa) to check your details and creditworthiness to avoid payment defaults when paying by SEPA direct debit or credit card.
(2) When choosing the PayPal payment method, customers are directly redirected to the PayPal site, where the required data must be entered and the payment confirmed. On successful payment, the customer receives a confirmation of purchase or delivery of the mobile ticket. A payment rejection is displayed if payment is unsuccessful.
More information on payment via PayPal through Logpay can be found by going to
https://documents.logpay.de/de/allgemeine_geschaeftsbedingungen_de.pdf.
Last updated: 20 August 2024