AGB
Allgemeine Geschäftsbedingungen für den Erwerb und die Nutzung von Online-Tickets über www.dbregio-shop.de
Besondere Bedingungen für den Erwerb und die Nutzung von Online-Tickets über „www.dbregio-shop.de“
GENERAL TERMS AND CONDITIONS
General Terms and Conditions for the Purchase and Use of Online Tickets via www.dbregio-shop.de
Scope, General
These terms and conditions (hereinafter referred to as "GTC") apply to the purchase and use of online tickets via www.dbregio-shop.de by DB Fernverkehr AG in its online store (hereinafter referred to as "OTS"). An online ticket is understood to be the ticket-to-print variant where the ticket must be printed out as a PDF.
The conditions of carriage and tariff regulations (hereinafter "Tariff Regulations") of Deutsche Bahn AG "Conditions of Carriage for Passengers by Deutsche Bahn AG Companies (No. 600/A)", "Conditions for the Internet Sale of Tickets" (No. 600/I) and the tariff regulations of the respective transport association apply to the use of online tickets via www.dbregio-shop.de.
DB Fernverkehr AG uses the IT service provider EOS and a financial company, LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter "LogPay"), to process the financial service. For this purpose, personal data required for the processing of the contract will be transmitted to the aforementioned service providers.
The collection of the fee claim for the purchased tickets is carried out by LogPay, to which all of these fee claims, including the claim for reimbursement of any fees, have been sold and assigned (notice of assignment). LogPay is a third party beneficiary of the following provisions. It is also authorized to carry out the collection of receivables in its own name and for its own account.
In order to simplify the readability of these GTC, the masculine form is generally used for personal designations. However, these designations include both male and female persons.
Contractual partner
The contract for the use of the OTS (hereinafter referred to as the "User Contract") and the purchase contract for the Online Ticket are concluded with DB Fernverkehr AG, which acts on behalf of DB Regio AG.
Address:
DB Fernverkehr AG
DB Tower
Europa-Allee 78-84
60486 Frankfurt am Main
Register Court B Frankfurt am Main HRB 83 173
VAT ID No. DE 260656754
DB Fernverkehr AG is represented by the Board of Management:
Dr. Michael Peterson (Chairman), Stefanie Berk (Marketing and Sales), Wilken Bormann (Finance), Martin Jende (Human Resources), Anja Schöllmann (Production).
Conditions of use, registration
The OTS can be used via the DB Fernverkehr AG website at http://www.dbregio-shop.de.
In order to use the OTS, the customer must register with DB Fernverkehr AG (at http://www.dbregio-shop.de) by truthfully stating the following points:
1. name and full address
2. date of birth
3. e-mail address
4. desired payment method
5. bank details with BIC and IBAN (in the case of SEPA direct debit)
6. credit card data (in case of credit card payment method)
7. password
8. country
The customer undertakes to inform us immediately of any changes to his personal data and data essential to the contract (e.g. name, address, payment procedure and e-mail address) and to change this data accordingly in his personal login area. If the customer does not fulfill his duty to inform, LogPay is entitled to charge the customer for the resulting additional expenses.
LogPay will perform a check of the customer's creditworthiness as part of the registration process. This is done by comparing the personal data of the customer against the data of a creditworthiness service provider (see point data protection). The customer declares that he agrees to the transfer, processing and storage of his data with regard to the aforementioned companies. By registering, the customer also confirms, if he has chosen the payment method "direct debit", that he has taken note of and agreed to the creditworthiness check. In case of refusal of consent, only the credit card procedure is available to the customer.
Registration with consent to these GTC and the data protection provisions constitutes the customer's offer to conclude the usage contract. Upon confirmation of the registration by DB Fernverkehr AG, the contract of use shall be concluded between DB Fernverkehr AG and the customer in accordance with these GTC as amended from time to time. The confirmation is sent by e-mail to the e-mail address provided by the customer.
Only natural persons with full legal capacity may conclude a contract of use.
The customer has no right to register and thus conclude a contract of use.
Translated with www.DeepL.com/Translator (free version)
The customer has no right to register and thus conclude a contract of use.
The registration of the customer takes place under his e-mail address. The customer must specify a password as part of the registration process. The password requirements are specified by DB Fernverkehr AG. The customer is responsible for maintaining the confidentiality of his registration data. If the customer suspects that his login data have become known to third parties, he is obliged to change them immediately. All ticket purchases made with the customer's registration data shall be deemed to have been initiated by the customer. Claims for damages by the customer against DB Fernverkehr AG in the event of misuse of his registration data are excluded. This shall not apply if and insofar as DB Fernverkehr AG is responsible for the registration data becoming known.
DB Fernverkehr AG does not assume any warranty with regard to the constant accessibility of the OTS. In particular, accessibility may be restricted due to technical faults or for maintenance work. In this case, the customer is obliged to purchase a valid ticket by other means before starting the journey.
Refund and exchange
Online tickets cannot be revoked or cancelled, as they can be printed out several times and used immediately.
Purchase of online tickets
Online tickets for self-printing (also called ticket-to-print variant) are available in the OTS via http://www.dbregio-shop.de, where the ticket must be printed out as a PDF.
In the OTS, offers of DB Fernverkehr AG and offers of the transport associations are available in addition to flat-rate offers of the local rail transport.
By ordering a ticket, the customer submits an offer to DB Fernverkehr AG to conclude a purchase contract. Acceptance by DB Fernverkehr AG only takes place after a successful data and creditworthiness check on the part of LogPay.
After a successful data and creditworthiness check, DB Fernverkehr AG immediately confirms receipt of the order to the customer by sending an automated order confirmation to the e-mail address specified by the customer in the registration. This order confirmation contains all details of the order (product, validity period, validity range, price, quantity, download link if applicable, etc.). In addition, the customer is provided with an online ticket as a PDF download in the OTS.
As a personal ticket, the online ticket is not transferable, is valid only for the person specified at the time of purchase and indicated on the ticket, and is valid only in conjunction with valid photo identification.
Payment
For the payment of the booked ticket, the following regulations apply in addition to the conditions described above. All payment methods are only available to persons of full legal capacity over the age of 18.
Payment methods and billing:
The customer can choose between the following payment procedures for orders in the webshop:
Billing via the SEPA direct debit procedure
Billing via credit card (Visa, MasterCard or American Express).
Other payment methods are excluded. The customer has no right to participate in a particular payment method.
Collection
The collection of the receivable via SEPA direct debit will be made by LogPay usually within the next five (5) bank working days after the purchase of the ticket. The debiting of the bank account or credit card depends on the processing of the customer's payment service provider. The overview of the ticket purchases made (hereinafter also referred to as "sales overview") contains individual proofs of purchase and can only be viewed and retrieved electronically via the OTS by the registered customer.
Payment by SEPA direct debit
If the SEPA direct debit procedure is selected, personal data of the customer (first name, last name, address in Germany, date of birth and e-mail address) and bank details are required for the clear allocation of a payment for a purchased ticket. When selecting this payment method, the customer authorizes LogPay with agreement to these General Terms and Conditions to collect payments from his specified account within the European Union by means of SEPA direct debit. At the same time, he instructs his credit institution to honor the direct debits drawn on his account by LogPay. The customer is informed that he can demand the refund of the debited amount within eight (8) weeks, starting with the debit date. The conditions agreed with his payment service provider shall apply. In the event that the Customer is not the account holder of the specified account, the Customer shall ensure that the account holder's consent for SEPA Direct Debit collection has been obtained.
If the customer unjustifiably initiates a charge back (return of the amount) or if the collection of the debt fails for reasons for which the customer is responsible, the customer is obligated to pay the incurred third-party fees of the credit card acquirer in addition to the purchase price of the purchased ticket. LogPay is entitled to claim further damages for delay.
The submitted claims resulting from the purchase of tickets appear to the customer in the credit card statement of his payment service provider as a total amount in Euro. Detailed information about the composition of the total amount can be viewed and accessed by the registered customer via his account in the OTS.
Termination of the user contract
The customer may terminate the usage agreement vis-à-vis DB Fernverkehr AG at any time without observing a period of notice on the Internet portal or in writing. Outstanding claims against the customer (e.g. settlement of unpaid journeys) remain unaffected by the termination.
DB Fernverkehr AG may terminate the usage contract at any time by giving 14 days' notice in writing or in text form by e-mail, in each case to the address last notified by the customer or the e-mail address provided by the customer. Ordinary termination is automatic if the customer has not purchased any tickets within 2 years and has not made any changes to his contract data.
DB Fernverkehr AG is entitled to extraordinary termination of the usage contract with immediate effect in particular if
- the customer violates the provisions of these GTC (e.g. by tampering with the OTS) or violates applicable law in the course of using the OTS,
- the customer has provided false data during registration,
- a claim against the customer is not recoverable or the customer's financial situation is threatening or is suspected to have deteriorated significantly,
-the customer infringes the rights of third parties, in particular the rights of the commissioned service providers, in connection with the use of the OTS,
- there is another important reason as a result of which the continuation of the usage contract is unreasonable for DB Fernverkehr AG due to the loss of confidence (e.g. in the event of manipulation).
Once the termination takes effect, the OTS can no longer be used. Any outstanding purchase price claims shall become due for payment immediately.
Data protection
The personal data of the customer and all associated changes are stored.
With the registration as well as with each individual use the customer declares his consent that his personal data (in particular name, date of birth, address, bank details as well as any change of the aforementioned data) as well as the data concerning the claim will be passed on to the following companies for the purpose of collection, storage, processing, transmission and use:
LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn ("LogPay").
infoscore Consumer Data GmbH (ICD), Rheinstraße 99, 76532 Baden-Baden ("infoscore")
SCHUFA Holding GmbH, Kormoranweg 5, 65201 Wiesbaden ("SCHUFA")
diagonal inkasso GmbH, Bremer Straße 11, 21244 Buchholz i.d.N.
LogPay, for its part, is entitled to check and pass on the data to the aforementioned collection agencies, credit agencies and scoring service providers.
The transfer to collection agencies is permitted in particular if one of the conditions listed under § 28 paragraph 1 BDSG. The customer is hereby expressly informed of the transfer. The justified interests of the customer shall be taken into account. In addition, the provisions of § 28 BDSG and § 28a BDSG shall apply. The disclosure is also permissible for the purpose of identity verification.
The personal data provided by you in connection with the use of the payment methods offered as part of the payment process (first and last name, date of birth, address, e-mail address, account details, credit card details and mobile phone number, if applicable) and any changes will be processed and used by the financial company LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn, for the purpose of processing payments and managing receivables.
As part of the registration process for the payment procedure SEPA Direct Debit and/or in the event of changes to your customer data in connection with the change to the payment procedure SEPA Direct Debit, the financial company LogPay Financial Services GmbH may carry out a check of your information and your creditworthiness. This is done by comparing your personal data against the database of SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden.
In order to verify the credit card data provided by you and to process payments in the credit card procedure, the financial company LogPay Financial Services GmbH will pass on your credit card and payment data to a credit card acquirer.
In the event that you do not meet your payment obligations, your personal data will be passed on to a debt collection agency for the purpose of collecting the debts (e.g. through payment reminders/reminder letters) and enforcing the debts (e.g. in the context of legal dunning proceedings or cooperation with a law firm in the event of legal enforcement by action).
Final provisions
The registration and the conclusion of the contract take place in German language.
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining contract as a whole.