General and Special Conditions of Carriage of the MDV public transit companies (excerpt)
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Beförderungsbedingungen und Tarifbestimmungen,
gültig ab 01. August 2021
- § 1 Scope of Application
1| These Terms and Conditions of Carriage apply to the transportation of people, property and animals on the mentioned routes or route segments listed in the tariff conditions of the respective transit networks of the transit companies listed by network in part D, section 1.
2| The Terms and Conditions of Carriage apply in conjunction with the publicized tariff provisions of the respective transit network, except for Rail Transit (SPNV), where they only apply to rides with a origin and destination in the network area, and become a part of the carriage agreement the moment the passenger enters the vehicle, the operating facilities or specially marked facilities and in case of the SPNV also upon entry into the railway facilities.
3| For travel with regional trains from or to destinations outside the transit network, the terms and conditions of the respective transit company or - if available - extended network fares apply.
4| The carriage agreement is made in the respective network with the transit company that owns the vehicle the client is boarding. If the vehicle belongs to a subcontractor, the subcontractor is the contractual partner.
- § 3 Individuals Excluded from Transportation
1| Individuals who pose a threat to the safety or smoothness of the operations and/or the passengers are excluded from transit and may be removed from the vehicles and facilities of the transit company. If these conditions are met, this exclusion applies in particular to:
- Individuals under the influence of alcohol or other intoxicating substances
- Individuals with infectious diseases, according to the definition of the Infection Protection Act
- Individuals with weapons that fall under the German Arms Act, unless they are authorized to carry such weapons
- Individuals who threaten with violence or act violently,
- Individuals who exude extremely bad smell.
2| Children who do not attend school up to the age of 5 can be excluded from carriage unless accompanied by individuals over the age of 5 for the entire ride. The provisions of paragraph 1 remain unaffected.
3| The exclusion of individuals is decided by the operating staff. Operating personnel in the context of these conditions of carriage is: anyone authorized by the company to perform their tasks. They have the right to refuse entry on behalf of the transit and/or railroad company. On their demand, individuals must exit vehicles and/or facilities in accordance with § 1 section 2.
4| Lawful exclusion of transport or lawful expelling of a person from the vehicle or from the company premises does not entitle the rider to compensation. § 10 section 6 remains unaffected by this provision.
- § 4 Behaviour of Passengers
1| Whilst using the facilities and vehicles, passengers have to behave in a manner that ensures the safety and functioning of the operations as well as their own safety and show consideration for other people. Instructions by operating personnel must be complied with.
2| It is specifically prohibited for passengers:
- to talk to the driver when he/she is driving,
- to open the doors during the ride or anywhere other than at stops - with the exception of the end wall door of the narrow-gauge trains - or stand in the doorway to prevent doors from closing,
- to throw objects from the vehicle or let them stick out,
- to lean out or stick body parts out of the vehicles,
- to jump onto or out of the vehicle when it is moving,
- to enter a vehicle when personnel say it is full or occupied,
- to hamper the usability of operating facilities (validators, vending machines, etc.) or block passages, entries and exits, e.g. by means of bulky items or otherwise,
- to smoke or use cigarettes (of any kind, including electric cigarettes) outside of the designated areas,
- To use audio players or radios, musical instruments or other sound-producing devices, if this bothers other people,
- to panhandle in the vehicles or operating facilities,
- To damage or soil vehicles, operating facilities and railway installations, to enter or cross railway tracks outside the official crossings and to enter, open or operate vehicles, operating facilities or installations which are not authorized for use,
- to use sports equipment, in particular bicycles, scooters, roller skates, inline skates, skateboards or similar means of transport, in the area of the station or stops or in vehicles,
- offer goods, advertising and information material, offer or carry out services, collections, surveys or cultural performances of any kind without the consent of the transit or railway infrastructure company,
- use walkers as a seat or as the only means of stability during the ride.
3| Passengers are not permitted to carry open food and drinks intended for immediate consumption in the vehicles, as this may result in dirtying of passengers’ clothing and vehicle furniture.
4| Passengers are only allowed to enter and exit the vehicles at the stops and only on the vehicle side indicated; exceptions require the approval of personnel. At on-request stops, the passengers have to express their request to get on the vehicle by taking in a clearly visible waiting position. In buses and trams and at on-request train stops, passengers have to express their request to get off by pushing the stop request button in a timely manner. If there are specially designated entrances or exits, these must be used for getting on or off the vehicles. You are expected to get on or off quickly and find your place further into the vehicle If there is an announcement that the vehicle is about to depart, or if a door closes, it is no longer permitted to get on or off the vehicle.
All passengers have an obligation to find and keep a secure position inside the vehicle.
Buses must be entered through the front entrance, near the driver. If there are exceptions, these will be announced on the spot. Valid tickets must be presented to personnel on the vehicle without being asked to do so and/or the first validator must be used, or a ticket be bought from the driver. Chip cards with electronic tickets (in the following: chip cards with eFAW) as well as tickets with barcodes must be held in front of the card reader without being asked to do so and for as long as it takes until the card reader gives the Ready signal. Passengers must be aware that at certain stations for trams and buses, the second tram or bus can depart without stopping a second time.
5| Passengers can also request an unscheduled stop when using regular bus service during the time periods listed in Part D, Appendix 2. The driver must be informed of the stop request at least one stop before the requested stop. Exit only through the front door (except strollers, wheelchairs etc.) The possibility of an unscheduled stop is at the 5 discretion of the driver. The fare is calculated as if the passenger got off at the next scheduled stop.
6| The supervision of children is the responsibility of their escorts. Particularly in the interest of the children’s safety, they must ensure that children do not kneel or stand on the seats and that, if applicable, safety belts are fastened in regular passenger car services (e.g. call line taxis, call collection taxis) or in a restraint system for children in compliance with road traffic regulations.
7| If, despite warning, a passenger violates the duties incumbent upon them under paragraphs 1 to 6, they may be excluded from carriage. No advance warning is required in case of serious violations.
8| In the event of littering or soiling of vehicles or operating facilities, the respective transit companies or networks shall charge the cleaning costs specified in Part D, Appendix 3; additional claims shall remain unaffected.
9| In case of criminal offences, infringement on regulations and when issuing payment demands in accordance with paragraph 8 and 9, personnel as well as agents have the right to ask for personal details in accordance with § 229 BGB (German law) and para. 127 section 1 StPO and, if these are refused, to detain the respective individuals until the police arrive.
10| Complaints must not to be addressed to the driving personnel, but to the supervisory or service personnel, except in the cases described in para. 6 section 11 and para. 7 section 5. If complaints cannot be dealt with by supervisory or service personnel, they must be addressed to the service contact of the transit company, stating date, time, vehicle and line and, if possible, the location and direction of travel whilst enclosing the ticket or a copy of it and in the case of subscriptions, also stating the contract number.
11| Anyone improperly operating the emergency brakes or other safety devices will have to pay the amount as stipulated by the respective transit company or network in Part D, Annex 3 - irrespective of their prosecution according to criminal law and possible additional civil claims. This also applies if there is a violation of para. 2 section 3 or 8.
12| On narrow-gauge railways, only adults are allowed on the car platforms during the ride and only when the platform railing is closed. When using open train cars and car platforms, please take note of the additional safety instructions. On instruction of the driver, the open car (e.g. when bad weather ahead) must be cleared or may not be used.
13| In ferry traffic, the additional regulations that are posted on the ferries and at the landing stages apply. Ferries and landings may not be entered or exited without the permission of the ferry personnel.
14| The additional regulations of the LSeilbG - which are posted in the stations - apply to the cable rails.
- § 5 Assignment of Cars and Seats
1| Operating personnel may assign passengers to a certain car, if this should prove necessary for operational reasons or to fulfill legal obligation.
2| Operating staff is authorized to assign seats to passengers; nobody has a right to seating. Passengers are expected to give up their seats for disabled, physically challenged, old or frail people as well as expecting mothers and passengers with small children.
- § 6 Transport Charges, Tickets
1| Fixed carriage charges must be paid to be eligible for transportation. To this end, tickets are issued that are considered of cash value. The tickets are sold in the name and on behalf of the transit company mentioned in part D section 1 Tickets are valid on all public transit vehicles of the lines that are part of the network; exceptions are published in the tariff conditions.
2| Tickets can be issued electronically (electronic tickets, also called eFAW) as follows:
- on a chip card with eFAW
- on a mobile device (in the following: HandyTicket)
- online tickets.
“Handy” (mobile) and online tickets are only valid in combination with a control medium, as regulated in the
respective terms and conditions, and only for the person mentioned on the ticket. Exceptions are published in
the tariff conditions. A HandyTicket must have visibly been downloaded onto the mobile device before boarding
3| Tickets are only valid if issued by the transit company or by an issuing agent authorized by the transit company. Reselling tickets and use of such re-sold tickets is not permitted.
4| Upon receipt of the ticket, the passenger must ensure that the ticket has been issued in accordance with the provided details.
6| The passenger must always buy a ticket for the entire distance of the journey before boarding a vehicle. This applies in particular to buying tickets for connecting rides according to the tariff conditions of the respective network. If the passenger upon entering the vehicle does not carry a valid ticket for that ride, he must immediately and without being asked validate such ticket.
Rail cars or compartments that do not offer the possibility to purchase tickets may only be used by passengers
who already own valid tickets. If a passenger of his own volition reports that the ticket sales counter in the train station was closed or if a validator or ticket machines was out of order, he may purchase or validate a ticket in local trains from service personnel or the conductor. Should a ticket machine in the station of departure be out of order, service personnel may take down the details of the customer when selling them a ticket, to verify the facts. After the defective state of the ticket machine is verified, the customer data will immediately be deleted.
8| The passenger must retain the ticket until the end of the ride and present it to operating or control personnel for inspection and hand it over on request. The ride is considered to have ended when the passenger has arrived at his destination stop and has left the vehicle as well as the operating facilities.
9| Tickets, with the exception of transferable season tickets, may not be transferred after use.
11| Complaints about the ticket, including the ticket validator’s imprint, must be lodged immediately with a service agent or the administration of the transit company when purchased at a ticket machine. Complaints at a later time will not be considered.
12| In the event of loss or theft of tickets, no right for replacement by the transit companies exists. An exception to this are chip cards with eFAW. In that cases, a new chip card with eFAW will be issued in accordance with the regulations laid down in the respective network in Part D, Appendix 2.
13| Fees are charged for issued statements, certificates, fare confirmations, duplicates, etc. which shall be charged in accordance with the regulations of the respective network in Part D, Annex 3.
- § 7 Means of Payment
1| Be prepared to pay for the ticket with the exact amount. Ticket-selling personnel in buses, trams and trains is not obligated to change amounts over 10 euros. One- and two-cent-pieces that amount to more than 10 cents will not be accepted by ticket-selling personnel. Damaged banknotes and coins, the validity of which is questionable, will not be accepted and/or may not be used. Only the payment methods mentioned on the respective ticket machine are accepted. If the ticket is sold from a machine in the vehicle, personnel will not offer change. The passenger will have take this into account before boarding.
- § 8 Invalid Tickets
1| Tickets, as well as customer cards and/or base cards, that are used in a manner that is contrary to the regulations of the terms and conditions of carriage or the fare regulations thereby become invalid and are withdrawn.
- § 9 Additional Transport Charges
1| A passenger is obliged to pay additional carriage charges if he
- has not acquired a valid ticket,
- presents a blocked or damaged electronic ticket,
- has acquired a valid ticket, but cannot present it upon request,
- has not immediately validated the ticket as stipulated in para. 6, section 7,
- does not present or hand over the ticket for inspection on request,
- Took advantage of a reduction without being able to present the relevant document that proves eligibility or
- cannot present a valid ticket for a dog, a bicycle or a carry-on object, provided that these are subject to a charge according to the tariff regulations.
Prosecution for criminal or fine proceedings shall remain unaffected. The regulations in paragraphs 1, 4 and 7 will
not be applied when the ticket could not be bought or validated for reasons the passenger was not responsible for.
- § 10 Refund of Transport Charges
1| If a ticket is not used for the journey, the carriage charges will be reimbursed upon request on presentation of
the ticket, unless specified otherwise below. The burden of proof of non-use of the ticket lies with the passenger.
2| Carriage charges will not be refunded for unused single tickets, multi-trip tickets, day tickets and other fare categories that are exempted from reimbursement in the Fare Regulations. In the MDV network different provisions apply, in accordance with Part D Section 2. Also, partial refunds are excluded for persons who have not started a journey on a group ticket.
- § 11 Transportation of Goods
1| Passengers have no right to free transportation of goods. Hand luggage and other items are only transported in conjunction with transportation of the passenger and only if this does not affect the safety and orderliness of operations and if the other passengers are not bothered by them. The carrying on of items is not allowed if this would unreasonably extend the time that the vehicle has to stop or the item could prevent other passengers from getting a seat in the vehicle. Passengers must follow the instructions of personnel concerning the stowing of carry-on items.
2| Dangerous materials and items are excluded from carriage, especially
- explosive, flammable, radioactive, malodorous and corrosive substances,
- unpacked or unprotected items that can injure passengers,
- Items that extend out of the vehicle’s periphery.
3| The obligation of carriage of small children in strollers and users of wheelchair is governed by the provisions in para. 2 The carriage of people with restricted mobility using orthopedic aids and children in prams or strollers takes priority over bicycle transport.
Transportation of bicycles, including bicycles for children, bicycle trailers, recumbent bikes, tandems, e-bikes and bicycles with electric support are allowed, provided the conditions for carriage are met.
Not more bicycles can be accepted for transport than is possible without bothering other passengers or affecting their safety. Three-wheeled bicycles, electric vehicles, means of transport with an internal combustion engine, mopeds, load carriers and wheelchairs pulled by special tractors (minibikes, minitracks) are excluded from transport. Panniers, bicycle baskets and luggage of any kind must be removed from the bicycle before loading it onto the bus trailer or into a baggage car of a narrow-gauge railway.
4| Wheelchairs (including electric wheelchairs) and similar approved aids will be accepted for carriage if the requirements of Part D, Annex 2 are met. Personnel should, where possible, ensure that passengers with a child in a pram or stroller and passengers with limited mobility who use orthopedic aids (e.g. wheelchair, walker) are not turned away, if the type of vehicle allows for it and it does not affect traffic safety. Nobody but personnel may activate the boarding ramps. The decision to accept a passenger lies with our personnel.
5| The passenger must make sure that items are stowed and supervised in a manner that does not affect the safety and orderliness of operations and that ensures that other passengers are not bothered by them. Large backpacks must be removed before entering the vehicle. Passengers with prams or strollers should enter through the doors marked with the pram symbol and place the pram or stroller in the designated place. Wheelchairs must be parked backwards relative to the direction of travel.
The passenger is liable for any and all damages caused by carrying, use, inappropriate stowing, poor supervision or insufficient securing of items in their care on the premises and in the facilities and vehicles of the transit company.
6| Personnel decides in individual cases whether certain items can be accepted for transportation and where to stow them.
7| Part D, Appendix 2 may contain further provisions relating to paragraphs 3, 4 and 5.
- § 12 Transport of animals
1| Transportation of animals is subject to para. 11 section 1, 5 and 6, as applicable.
2| Dogs will only be transported if under supervision by someone who can control it. Dogs which are not in suitable containers must be kept on a short-held line and must carry a muzzle.
3| Guide dogs for the blind and assistance dogs which accompany a person, as well as guide and assistance dogs who are in training, must wear a guide dog harness and/or cover and are exempt from the requirement of muzzling.
4| Other animals may only be carried in carriers suitable for them.
5| Animals may not be put on seats.
- § 14 Liability
1| The company is liable for death or injury of a passenger and for damage to property that the passenger carries on him or with him, in accordance with generally applicable regulations. The company is liable for property damage towards any individual up to a maximum of 1.000 euros; limitation of liability does not apply if the damage is due to intent or gross negligence. In the case of loss or damage to wheelchairs and other mobility aids or auxiliary equipment caused by the company, the above limitation of liability in the respective scope of regulations (EG) 1371/2007 and (EU) 181/2011 does not apply.
2| The companies are only liable for damages caused by objects or animals which have been carried on within the scope of operational risk. The companies reserve the right to take legal action against the owner in the event of damage to third parties. On the narrow-gauge railways they are not liable to damage caused by the production of steam in any of the cars but in particular in the open-air cars and car platforms (e.g. pollution of clothes, luggage, prams and strollers).
- Fees and charges (excerpt)
Refers to Type Price in Euro (incl. VAT) Section A, § 9 3| and 5|increased transport charges (acc. to PBefG/EVO) 60,00reduced increased transport charges (only with personal, non-transferable time-limited tickets) 7,00