We, Hamburger Hochbahn AG, Steinstrasse 20, 20095 Hamburg, Germany (“HOCHBAHN”, “we”, “us”) operate the mobility platform hvv switch (“hvv switch”), which can be used both as an app and online through a website. Through hvv switch, we enable you (“you”, “user”) to order tickets and make purchases for HVV transport services, in addition to our existing online offerings. Whenever contracts for HVV transport services are closed through hvv switch, a direct contractual relationship is established between you and us. In addition, hvv switch gives you the option of viewing and ordering services offered by other mobility providers. You must be a natural person in order to be a user. Certain uses of hvv switch (such as the booking of mobility services) are only possible if you have registered with hvv switch and therefore have hvv switch login data.
B. The hvv switch user account (“hvv switch profile”) with hvv switch login data and payment feature
B.1 Registration for a hvv switch user account
B.1.1 Registration for a hvv switch user account takes place by submitting the electronic registration form and then receiving confirmation of registration from us. We make a hvv switch user account available to you. You decide on the hvv switch registration data for yourself (see also B.2). The e-mail address and password you enter serves as your hvv switch login data.
B.2 hvv switch user account and hvv switch login data
B.2.1 You are obliged to enter your e-mail address completely and correctly for your hvv switch user account and to save a password that meets the applicable password validation regulations (see also B.2.3). The provision of additional data (e.g. name, address, mobile phone number) is required, particularly for the activation, booking and use of mobility services that are offered through hvv switch by ourselves or by third-party mobility providers. Section B.3 also applies to the hvv switch payment feature. We reserve the right to refuse to open a hvv switch account for a user, especially if there is a justified reason for believing that the user shall fail to act in accordance with the contract.
B.2.2 You shall keep your hvv switch login data (e-mail address and password) secret and not allow third parties to access hvv switch using this login data, nor shall you allow them to use your login data for any other purposes. You shall protect your hvv switch user account from access by third parties using appropriate and reasonable measures (e.g. a device PIN). Any use of hvv switch with your login data or any other use of your login data shall be attributed to you.
B.2.3 You are obliged to keep the data you have 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, if you use the hvv switch payment feature, your payment information as well.
B.2.4 A hvv switch user account also offers display options for mobility services you currently or previously ordered and cancelled using hvv switch.
B.2.5 We can terminate the contract with you and/or block the hvv switch user account and your hvv switch registration data in whole or in part:
a) If you have provided incorrect data; or
b) If communication with you using the contact details in your hvv switch account is unsuccessful (for example, the e-mail address or mobile phone number is out of date); or
d) If there are reasonable grounds to believe that you shall not act in accordance with the contract; or
e) If any other legal provisions give cause for termination.
B.2.6 You can terminate your hvv switch user account for the continued use of hvv switch and the hvv switch registration data at any time without notice, either in writing or by sending an electronic declaration in text form to email@example.com. With two weeks’ notice, we can also terminate your hvv switch user account for the continued use of hvv switch and the hvv switch registration data in a due and orderly manner. Termination of the hvv switch user account shall have no effect on existing mobility contracts and any usages already made of the hvv switch login data and its processing. For terminations and cancellations of any mobility contract, the agreements between you and the respective mobility provider shall apply. The right to extraordinary termination for good cause shall remain unaffected.
B.3 The payment feature of hvv switch
B.3.1 To use the payment feature of hvv switch, you must log in to hvv switch with 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 whenever any changes occur. We may refuse the means of payment you have specified. Mobility services that are used via hvv switch, either made available by us or other mobility providers, can only be paid for using certain methods of payment.
B.3.2 In order to use the payment feature of hvv switch for a booking request or 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 within the hvv switch app or – if this functionality is provided by us – by other equally sufficient means such as by providing your fingerprint as verification. In doing so, you consent to the use of your payment information for this use of the hvv switch login data for the collection of payment by the holder of the claim (see also D.1.3). We reserve the right to make your use of the payment feature of hvv switch dependent on a review of your creditworthiness.
B.3.3 We can block the hvv switch payment feature for significant reasons, in particular in the event of irregularities (such as delayed payments or non-payments) or negative reviews of your creditworthiness. Blocking your hvv switch user account (B.2.5) shall also result in the payment feature being blocked. Any payments authorised by you prior to deactivation or blocking shall remain unaffected.
C. Ordering mobility services using hvv switch
C.1 Requirements for ordering mobility services from us or third-party mobility providers via hvv switch are usage of the hvv switch login data (B.1) and payment using the hvv switch payment feature (B.3).
C.2 Depending on the respective offer provided by hvv switch, you can choose which mobility service you wish to order via hvv switch with an applicable binding charge (“booking request”). A booking request is an offer you make for a contract concerning the mobility service you wish to avail of with the respective mobility provider (“mobility contract”). We can forward your booking request to the relevant mobility provider, without being obliged to do so. Booking a mobility service is subject to the terms and conditions of the respective mobility provider.
C.3 The time of payment by you shall depend on the mobility service used, but shall be made at the latest once your particular use of the mobility service has come to an end.
C.4 We may send you a response from the mobility provider to a booking request, without being obliged to do so. A mobility contract shall be concluded between you and the mobility provider once the mobility provider accepts your booking request. The terms and conditions of the mobility provider shall apply to the provision of any mobility service. In the case of contracts for HVV transport services that are entered into via hvv switch, a direct contractual relationship shall be established between you and us. You can find further information about this under D.7.
C.5 We may forward data transmitted by the mobility provider to hvv switch to you for the purpose of using a mobility service upon receipt, in accordance with the applicable conditions, but are not obliged to do so.
D. Common regulations
D.1.1 The use of hvv switch and the use of hvv switch registration data is generally not subject to any remuneration from you. You shall bear the costs of communication with hvv switch and for usage of the hvv switch registration data yourself.
D.1.2 Remuneration to be paid by you for any mobility services shall be determined by your respective mobility contract with the mobility provider. We may also issue invoices on behalf of mobility providers for their remuneration and send them to you, including as a collective sum for several services used.
D.1.3 Mobility providers may transfer payment claims to us. We, in turn, use the payment service provider LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn, Germany (“LogPay”) for the purposes of selling, assigning and processing payment claims. The collection of payment claims is carried out by LogPay.
D.1.4 Your contact person for matters relating to a mobility service and its remuneration is the respective contractual partner in each case.
D.2 Tasks of the User
D.2.1 You are solely responsible for meeting all requirements for the use of mobility services, pursuant to any applicable conditions and regulations.
D.2.2 You shall indemnify us against any claims made by third parties arising from your use of hvv switch and your hvv switch registration data, except in any cases where we are responsible for such claims.
D.2.3 We can support mobility providers on their behalf in relation to the services they provide. This shall not affect your obligations specified in a mobility contract and the validity of the mobility contract itself, nor any agreements between you and a mobility provider and your obligations under such agreements.
D.3 Availability and warranty
D.3.1 No claims shall be made with regard to the availability, quality or performance characteristics or technical support for hvv switch or the hvv switch login data. We reserve the right to modify, restrict or discontinue hvv switch and the hvv switch login data at any time at our own discretion. Existing mobility contracts and agreements between you and a mobility provider, as well as their processing, shall remain unaffected by this.
D.3.2 We shall not assume any liability or guarantee for the accuracy or completeness of data provided by third parties (e.g. mobility providers).
D.3.3 We shall not assume any liability for mobility services, except in the case of contracts closed for HVV transport services where a direct contractual relationship is established between us and you. Your point of contact for any questions and claims relating to a particular mobility contract and its implementation shall be the respective mobility provider in each individual case.
D.3.4 If there is no obligation on our part towards you, we shall not assume any warranty.
D.4 Limitation of liability
D.4.1 We shall assume liability, in accordance with the statutory provisions, for any damage caused by us or our vicarious agents or assistants as a result of intent or gross negligence.
D.4.2 In cases of minor negligence, we shall only be liable in the event of a breach of an essential contractual obligation and only for foreseeable and typical damages. Essential contractual obligations shall be defined as those whose fulfilment makes the proper execution of the contract possible in the first place and where you may regularly depend on adherence to these obligations. In cases of minor negligence, we shall not be liable for the accuracy of data (e.g. regarding mobility services) provided by third parties (e.g. by mobility providers). The provisions in this section 4.2 shall also apply to our legal representatives and vicarious agents.
D.4.3 Limitations of liability shall not apply within the scope of guarantees given, in the event of culpable injury to life, body or health, or for any claims made under the Product Liability Act.
D.6 Other provisions
D.7 The purchase and use of tickets using the hvv switch app
D.7.1 You can use the hvv switch app to purchase a range of tickets in line with HVV’s common tariff (“Gemeinschaftstarif”). This range of tickets can be adjusted at any time and without prior notice. You shall not be entitled to purchase certain tickets using the hvv switch app. The advance sale of tickets in the hvv switch app may be restricted.
D.7.2 Any valid tickets you have purchased via the hvv switch app shall be made available both under “Your trips” and on the so-called dashboard of the app. You can only access the detailed view of the ticket during the time period that it is valid. In the event of unavailability, incorrect or incomplete transfer of the tickets, you shall be obliged to purchase a valid ticket by other means. It is not possible to print out a ticket purchased using the hvv switch app.
D.7.3 Tickets purchased using the hvv switch app are non-transferrable. Tickets that have been issued without a photograph shall only be valid in conjunction with a valid photo ID that is issued to the person named as the holder on the ticket. In the case of group tickets, the person specified as the ticket holder must always travel with the other passengers in the group.
D.7.4 Tickets purchased using the hvv switch app must be carried on a mobile device that is ready for operation and must be available for checking purposes at all times during the journey and in the operating premises, and must be presented to the transport company’s staff on request in a recognisable form that is suitable for checking. You shall be responsible for operating the mobile end device. Ticker controller staff may however also demand that the end device be handed over and operated at short notice for the purpose of checking the validity of tickets. You may only enter the mode of transport or the area where the ticket is valid once the ticket has been fully displayed in the hvv switch app. If you’re not able to provide verification of a valid ticket during a ticket check (e.g. due to technical difficulties, uncharged batteries, etc.) or if the ticket has not been purchased until after the start of the journey or after entering the ticket-obligated area on rapid transit trains (U-Bahn, S-Bahn, A-Bahn), this shall be deemed as a trip made without a ticket and treated accordingly. An order, order confirmation or screenshots of tickets using the app or for displaying on a smartphone shall not count as a valid ticket. The ticket must be displayed while using the application that was used to purchase the ticket itself.
D.7.5 Tickets purchased using the hvv switch app cannot be returned, revoked or cancelled due to the fact that they could be used several times and/or could be or are immediately valid for use.
D.7.6 The usage of tickets shall be subject to the HVV Common Tariff for Network Transportation Companies (“Gemeinschaftstarif des Hamburger Verkehrsverbundes (HVV) für die Verbundverkehrsunternehmen”), including any special offers, in the currently valid version. The respective conditions of transportation of the transport company used shall apply in their currently valid version. The aforementioned provisions shall take precedence if they contradict any provisions in these General Terms and Conditions.