We, Hamburger Hochbahn AG, Steinstrasse 20, 20095 Hamburg, Germany (“HOCHBAHN”, “we”, “us”) operate the mobility platform hvv switch (“hvv switch”) for use via an app and online. Through hvv switch, we enable you (“you”, “User”) to make ticket orders and purchases for hvv transport services and to use our hvv Any service, as well as our existing online services. This is a check-in/be-out system aimed at determining the most favourable price for you when using our hvv transport services, without you having to deal with selecting the right hvv ticket yourself in advance. In the case of contracts for hvv transport services (ticket orders, purchases and use of hvv Any) entered into through hvv switch, a direct contractual relationship shall be established between us and you. hvv switch also offers you the opportunity to view and order services from other mobility providers. As a User you must be a natural person. Certain ways of using hvv switch (such as ordering mobility services) are only possible if you have registered with hvv switch and therefore have hvv switch login data.
B. hvv switch user account (“hvv switch profile”) with hvv switch login data and payment feature
B.1 Registration for an hvv switch user account
B.1.1 Registration of an hvv switch user account comes into effect by submitting the electronic registration form and confirmation of the registration by us. We shall provide you with an hvv switch user account. You choose your hvv switch login data yourself (see also B.2). The hvv switch login data is the e-mail address and password you provide.
B.2 hvv switch user account and hvv switch login data
B.2.1 You are obliged to provide your e-mail address in complete and correct form for your hvv switch user account, and to enter a password that complies with the applicable password validation regulations (see also B.2.3). The provision of further data (e.g. name, address, mobile phone number) is required in particular for the activation, booking and use of mobility services offered via hvv switch by ourselves or by third-party mobility providers. Section B.3 shall also apply to the payment feature of hvv switch. We reserve the right to refuse to open an hvv switch user account for a User, especially if there are justifiable grounds for assuming that the User shall not act in accordance with the contract.
B.2.2 You shall keep your hvv switch login data (e-mail address and password) secret and shall not allow any third parties to access hvv switch using this login data or to use your login data in any other way. You shall protect your hvv switch user account from access by third parties by taking reasonable and appropriate measures (e.g. device PIN). Any use of hvv switch with your login data and any other use of your login data shall be attributed to you.
B.2.3 You are obliged to keep the data saved in your hvv switch user account up to date at all times. This shall apply in particular to your name, address, e-mail address, mobile phone number, and, when using the hvv switch payment feature, also to your payment information.
B.2.4 An hvv switch user account also offers display options for mobility services currently or previously ordered and cancelled using hvv switch.
B.2.5 We can terminate the contract with you and/or block all or part of your hvv switch user account and hvv switch login data if:
a) If you have provided incorrect data or
b) If communication via contact data in your hvv switch user account is unsuccessful (e.g. e-mail address or mobile phone number are out of date) or
d) If there is reasonable cause to believe that you shall not perform your duties in accordance with the contract, or
e) In accordance with the statutory provisions.
B.2.6 You can terminate your hvv switch user account for future use of hvv switch and your hvv switch login data at any time, with a one-week notice period, by sending an electronic declaration to this effect in written form to email@example.com, or by using the respective feature in the hvv switch App. This cancellation shall also be forwarded to all mobility providers activated in your hvv switch user account. However, terminations and cancellations of a particular Mobility Contract apply to any agreements made between you and a respective mobility provider. The right to extraordinary termination for good cause shall remain unaffected.
B.3 The payment feature of hvv switch
B.3.1 In order to use the payment feature of hvv switch, you must log in to hvv switch using your hvv switch login data and save your payment information in your hvv switch user account. You must provide accurate payment information and update it immediately if it changes at any time. We can refuse to accept any payment method you specify. Mobility services used through hvv switch with us or other mobility providers can only be paid for using specific methods of payment.
B.3.2 In order to use the payment feature of hvv switch for a booking request, or for any other use of your hvv switch login data, you must authorise the payment. This can be done by actively initiating a purchase or booking, by using hvv Any in the hvv switch app or – if this function is provided by us – by other equally suitable means, such as a fingerprint. You thereby consent to the use of your payment information for this use of the hvv switch login data for the collection of the remuneration by the debtor (see also E.1.3). We shall reserve the right to make use of the payment feature of hvv switch dependent on a review of you regarding the required creditworthiness.
B.3.3 We might block the hvv switch payment feature for serious reasons, in particular in the event of any irregularities (such as late payment or non-payment) or a negative credit check. Blocking your hvv switch user account (B.2.5) shall also block the payment feature. Payments authorised by you prior to deactivation or blocking shall remain unaffected.
C. Ordering mobility services via hvv switch
C.1 The prerequisites for ordering mobility services from us or third-party mobility providers through hvv switch are use of your hvv switch login data (B.1) and payment using the hvv switch payment feature (B.3).
C.2 Depending on the respective offer range by hvv switch, you can select which displayed mobility service you wish to order via hvv switch with binding costs (“booking request”). A booking request is an offer from you for a contract for the desired mobility service with the respective mobility provider (“Mobility Contract”). We can forward a booking request from you to the relevant mobility provider without being obliged to do so. The booking of a mobility service shall be subject to the terms and conditions of the relevant mobility provider.
C.3 The timing of payment by you shall depend on the mobility service used but shall be no later than when the mobility service used comes to an end.
C.4 We can send you a response from the mobility provider for a booking request without being obliged to do so. A Mobility Contract shall be concluded between you and the mobility provider when the mobility provider accepts your booking request. The terms and conditions of the mobility provider apply to the performance of a mobility service. In the case of contracts for hvv transport services closed through hvv switch, a direct contractual relationship shall be established between us and you. You can find out more about this under E.7.
C.5 We may forward data transmitted by the mobility provider to hvv switch in order for you to use a mobility service upon receipt, in accordance with the applicable terms and conditions, without being obliged to do so.
D. Purchase and use of tickets via the hvv switch app
D.1 You can use the hvv switch App to purchase and use a selection of tickets in accordance with the hvv Communal Tariff. This range of tickets and the use of hvv Any may be adjusted at any time and without prior notice. You are not entitled to be issued certain tickets or to use hvv Any through the hvv switch App. The advance sale of tickets through the hvv switch App may be restricted.
D.2 Valid tickets and valid hvv Any travel permits that you have purchased through the hvv switch App are made available to you under “Your journeys” and in the so-called dashboard in the app. You can only access the detailed view of the ticket and the hvv Any travel permit for as long as it is valid. In the event of unavailability, incorrect or incomplete transfer of the tickets or the hvv Any travel permit, you shall be obliged to purchase a valid ticket elsewhere. It is not possible to print out a ticket purchased using the hvv switch App and hvv Any travel permit.
D.3 Tickets purchased using the hvv switch App and hvv Any travel permits shall not be transferrable. Tickets and hvv Any travel permits issued without a photograph are only valid in conjunction with a valid photo ID issued to the person named as the User on the ticket or hvv Any travel permit. In the case of group tickets and when hvv Any is used by more than one person, the person named as the User on the ticket or travel permit must always travel as one of the passengers.
D.4 Tickets and hvv Any travel permits acquired through the hvv switch App must be stored on an operational mobile device at all times for the purpose of checks during the journey or on hvv premises, and must be presented to the staff of the transport company on request in a recognisable manner that is suitable for inspection. You are responsible for operating the mobile device. However, the inspection staff may demand that the mobile device be handed over and operated for inspection purposes at short notice. You are only permitted to enter the means of transport or the area requiring a ticket once the ticket or the hvv Any travel permit has been displayed in full in the hvv switch App. If you are unable to provide proof of a valid travel permit during a ticket check (e.g. due to technical malfunctions, empty battery, etc.) or if the booking of the ticket or the hvv Any travel permit is only made after the start of the journey or after entering the area requiring a ticket in the case of express trains (U-Bahn, S-Bahn, A-Bahn), this shall be deemed to be the user making a journey without a ticket. An order, order confirmation or screenshots of tickets and hvv Any travel permits via the app or for display on the smartphone shall not count as authorisation for travel. The ticket or hvv Any travel permit must be displayed using the app it was purchased with.
D.5 Tickets and hvv Any travel permits purchased using the hvv switch App cannot be returned, revoked or cancelled, as they could be used more than once and/or could be or are immediately valid for use.
D.6 When using tickets or hvv Any, the hvv Communal Tariff for the interconnected transport companies (hvv Communal Tariff),[RS1] including special offers, shall apply in the respective valid version – in addition to the respective Terms & Conditions of Carriage of the transport company used, in their respective valid version. The aforementioned provisions shall take precedence if they contradict provisions in the General Terms & Conditions.
E. Use of hvv transport services with hvv Any
E.1 How it works
E.1.1 Starting your journey (“check-in”)
In order to use hvv Any, you must check in to the system in the app before starting your journey (Start journey). By doing so, you acquire a valid travel permit. The purchase of the travel permit must take place before entering the ticket-required area (e.g. designated area in the U-Bahn or S-Bahn station) or prior to entering the means of transport (e.g. bus, regional train). You shall receive your travel permit after “wiping” across the check-in button (start journey). Before you start your journey with hvv Any, you acquire an electronically verifiable travel permit to use the participating hvv means of transport. Purchasing a travel permit during the journey in an hvv mode of transport shall not be permitted.
If you check in to the system prior to starting your journey and then decide not to use the hvv means of transport, hvv Any shall automatically recognise that you have not started the journey and no invoice shall be issued.
E.1.2 Ending your journey (“be-out” or “check-out”)
You do not have to do anything when you alight from your mode of transport (no check-out). Simply getting off shall suffice (be-out). Beacon technology, GPS technology and the motion technology of your smartphone can be used to determine the journeys for which you have used hvv means of transport and the distances you have covered. Once you have checked out, you shall receive a confirmation that you have been checked out correctly. You can check in again for any additional journeys. In contrast to classic hvv sales transactions, we shall charge you for the best hvv ticket(s) for you and this shall only be done in retrospect as part of the invoicing process in accordance with E.4. You can find information on your invoiced ticket products in the hvv switch app, as well as by e-mail. The invoicing of the services provided is done on a daily basis via the means of payment saved in the hvv switch app.
E.2 Prerequisites for use
In order to use hvv Any you require:
1. An hvv switch user account in accordance with B.2
2. A saved and authorised method of payment in accordance with B.3.1 and B3.2
3. Authorised access to the Internet on your smartphone that enables an Internet connection
4. The activated services GPS, Bluetooth and Motion Technology on the smartphone with which you wish to use hvv Any.
Activating the system services during the use of hvv Any is important for us to be able to determine, without any doubt, which journeys you have taken using the hvv means of transport, so that we can then charge you the most favourable price, in accordance with E.4. This activation must remain activated for the entire period from check-in to be-out or check-out. If all or individual system services on your smartphone are deactivated, you shall immediately lose your travel permit, which shall then no longer be displayed on your smartphone.
Due to technical reasons, individual device types or individual operating system versions, or a combination them, may be or become excluded from using hvv Any.
Similarly, the simultaneous use of utility optimisation apps can lead to an exclusion of use due to technical reasons.
E.3 Your obligations as our customer
By using hvv Any, you confirm that you shall responsibly comply with your contractual obligations. These are:
· You shall start using hvv Any before entering the area requiring a ticket in U-Bahn and S-Bahn stations or before entering the vehicle on all other hvv means of transport in accordance with D1.1. You shall not check in during the journey.
· When using the vehicle, you shall ensure that the required system services are activated in accordance with D.2 and shall not deactivate or have them deactivated during the journey.
· You shall not use any software or apps that manipulate or alter information from one or more system services.
· While using hvv Any, you shall keep your smartphone ready to receive and transmit at all times. Shielding the device is not permitted. Switching off the device is not permitted.
· You are responsible for ensuring that your device battery has sufficient capacity during use.
· You shall check your received messages, in particular those concerning the actual use of the hvv means of transport, as well as the price calculation according to D.4, and invoices without delay and immediately submit any possible complaints you may have to the listed customer service channels.
· In the event of unavailability, incorrect or incomplete transfer of the travel permit, you shall be obliged to purchase a valid hvv ticket elsewhere before commencing your journey.
The amount of your payment obligation shall result from your actual use of the hvv means of transport, along with the valid tariff regulations and conditions of carriage of the hvv Communal Tariff. This use is made up of the individual recorded journeys made within one operating day. After the end of the operating day, all individual journeys are considered by the system and the most favourable price for you is determined based on your journey combinations using the products within the hvv Communal Tariff. Only the single tickets, day tickets and group tickets (cash tariff tickets according to hvv Communal Tariff) are taken into account. You shall then be invoiced for this price and it shall be collected by the method of payment you have saved.
F. Common provisions
F.1.1 The use of hvv switch and the use of hvv switch login data shall, as a general provision, be without remuneration for you. You shall bear your own costs for communicating with hvv switch and for using the hvv switch login data.
F.1.2 The remuneration to be paid by you for mobility services is governed by your respective Mobility Contract with the mobility provider. On behalf of mobility providers, we can also issue invoices for their remuneration and send them to you. This may also take the form of aggregated invoices for several services.
F.1.3 Mobility providers may transfer payment claims to us. We, in turn, use the payment services company LogPay Financial Services GmbH, Schwalbacher Strasse 72, 65760 Eschborn (“LogPay”) for the purpose of selling, assigning and processing payment claims. Payment claims are collected by LogPay.
F.1.4 Your point of contact in relation to a mobility service and its payment shall be the respective contractual partner.
F.2 Tasks of the User
F.2.1 You are responsible for fulfilling all requirements for the use of mobility services, in accordance with the applicable terms and conditions and regulations.
F.2.2 You shall indemnify us against any claims by third parties arising from your use of hvv switch and the use of your hvv switch login data, unless it is the case that we are responsible for such claims.
F.2.3 We may assist mobility providers on their behalf with regard to their services. This shall not affect your obligations arising from any Mobility Contract or from any agreement you may have with a mobility provider or any obligations arising from such agreements.
F.3 Availability & warranty
F.3.1 There shall be no claim to availability, quality or performance criteria, or technical support for hvv switch or the hvv switch login data. We reserve the right to redesign, restrict or discontinue hvv switch and the hvv switch login data at any time at our sole discretion. Existing Mobility Contracts and agreements between you and a mobility provider and the processing of these shall remain unaffected.
F.3.2 We shall not guarantee the accuracy or completeness of data provided by third parties (such as mobility providers).
F.3.3 We shall not provide any warranty for mobility services, except in the case of contracts for hvv transport services where a direct contractual relationship is established between us and you. Your point of contact in the case of any questions and claims in connection with a Mobility Contract and it being performed shall be the respective mobility provider.
F.3.4 Provided we have no obligation towards you, we shall not assume any liability.
F.4 Limitation of liability
F.4.1 We shall be liable, in accordance with the statutory provisions, for damage caused by us or our vicarious agents or assistants through intent or gross negligence.
F.4.2 We shall only be liable for simple negligence in the event of a breach of an essential contractual obligation and only in the case of any foreseeable and typical damage. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. In the event of simple negligence, we shall not be liable for the accuracy of data provided by third parties (e.g. by mobility providers), for example about mobility services. The provisions in this Section 4.2 shall also apply to our legal representatives and vicarious agents.
F.4.3 Limitations of liability shall not apply with regard to warranties provided in the event of culpable injury to life, limb or health, or any claims made under the German Product Liability Act (Produkthaftungsgesetz).
F.6 Other provisions
F.7 Information about participations in disputes
The EU Commission provides an online dispute resolution platform which is available under this link.
We participate in the dispute resolution process at the German Conciliation Body for Public Transport (“Schlichtungsstelle für den öffentlichen Personenverkehr (söp)”). If you are unsatisfied with us (e.g. with the handling of a request or similar), you can submit a request for conciliation to the independent body “söp”:
söp, Fasanenstrasse 81, 10623 Berlin, Germany