Inhaltsbereich

General Terms and Conditions

Information requirement according to Article 13 and Article 1 - GDPR

1. Name and contact data of the controller and the data protection officer

Hallesche Verkehrs-AG
Freiimfelder Straße 74, 
06112 Halle (Saale)

Telephone: (0345) 5 81 - 0
Email: post@havag.com

Hallesche Verkehrs-AG (HAVAG) is part of the Stadtwerke Halle Group.
You can contact our data protection officer by post at the above address, adding "Datenschutzbeauftragter" (Data Protection Officer) or by email at: datenschutz@swh.de.

2. Purpose and legal basis of the data processing

Data processing for the purpose of initiating and performing contracts
We have to process personal data is necessary in order to initiate and perform contacts and also for billing purposes in relation to your contract.

Data processing on the basis of your consent
If you have given your agreement for your personal data to be processed for certain purposes (e.g. so that we can contact you by email or telephone for promotional reasons and in order to pass on data within the Group), processing will be lawful on this basis. Any consent that you have given can be revoked at any time with effect for the future.

Data processing on the basis of legitimate interests
We process your data on a lawful basis in order to protect our legitimate interests. This includes the use of your personal data 

  • so that we can offer you product information for purposes of direct advertising and in order to improve and develop services and products so that we can address your individual needs as a customer,
  • and so that we can carry out market and opinion research or have such research carried out by market and opinion research institutes,
  • in order to consult and exchange data with credit agencies (such as Schufa and Creditreform) to identify credit risks and the risk of non-payment, especially if the conditions set out in section 31 of the Federal Data Protection Act have been fulfilled,
  • in order to enforce legal claims and for purposes of defence in the case of legal disputes or in order to investigate or prevent criminal offences,
  • in order to avoid interruptions to operational processes and to avoid loss of image,
  • in order to determine addresses (such as in the case of removals),
  • to guarantee IT security and IT operations as well as to ensure the security of the building and its facilities (e.g. video surveillance to safeguard the rules of the house),
  • for promotional purposes after your contact has ended,
  • for internal administration purposes within the Group (e.g. a central customer database for address management and accounting, central authorisation management).

Legitimate interests of third parties may particularly be

  • to guarantee IT security and IT operations,
  • the provision of a customer-oriented and modern public service
  • and to prevent and investigate fraud and criminal offences.

Data processing due to legal requirements/public interests
We are subject to various legal obligations (e.g. tax laws, the German commercial code), which make it necessary to process your data in order to comply with the law. According to Article 6 (1) (c) of the General Data Protection Regulation, the legal basis are the legal obligations which we have to fulfil.

3. Categories of recipients

In our company the departments that have access to your data are those that need this data for compliance with the above-mentioned purposes. This also applies to the service providers and agents that we engage. We only send personal data to third parties if this is necessary for the reasons given above or if you have previously given your consent.
Certain departments of other companies in the Group also carry out central activities for the affiliated companies.
Recipients of personal data may be such departments from the areas of IT services, the billing service, application support, financial accounting, customer care, call centres, insurance companies, banks and credit institutions (payment processing), opinion research institutes or credit agencies.
When cooperating with service providers who do not work for us within the framework of contract data processing, this happens only so that a contract can be performed efficiently and so that we can comply with our contractual obligations (e.g. selected specialist companies and trades). 
No data is sent to countries or agencies outside the EU.

4. Duration of the data storage and erasure of personal data

We store your personal data for the purposes mentioned above. Your data will first be processed from the time that it is collected if you provide us with this data yourself or it is provided by a third party. We will erase your personal data when the contractual relationship with you has ended, when all mutual claims have been satisfied and there are no other legal retention obligations or legal justifications for the storage of the data. These include the data retention obligations under the German Commercial Code (Handelsgesetzbuch, HGB) and the German Tax Code (Abgabenordnung, AO). This means that we will delete your personal data at the latest when the legal retention periods have expired (usually 10 years after the contract with you has ended).
We will store your data for a maximum period of 2 years after your contract has ended for purposes of post-contractual direct advertising. In the case of promotional measures to which you have given your consent, we will delete your data once this consent is revoked. Legal retention periods or other legal requirements have precedence over your right to have the date erased.

5. Rights of the data subject

In the event of questions or complaints on the subject of data protection please do not hesitate to contact our company. You have the right to be given information (Article 15 of the GDPR) as well as the right to rectification (Article 16 of the GDPR), the right to the erasure of the data (Article 17 of the GDPR) or restriction of processing (Article 18 of the GDPR) and also the right to object to the processing of your personal data (Article 21 of the GDPR). Furthermore, you have the right to the portability of data that you have made available (Article 20 of the GDPR). In addition, you also have the right to lodge a complaint with a responsible supervisory authority (Article 13 (2) (a) of the GDPR).

Right of objection

Where we process data in order to protect our legitimate interests (see 2. Data processing due to legitimate interests), you have the right to object to this processing at any time on grounds of your special situation. This also includes the right to object to processing for promotional purposes.

6. Providing your data, consequences of failure to provide data

In the context of our business relationship you have to provide the personal data that we need in order to commence and conduct the business relationship and to comply with the associated contractual obligations, or to provide the personal data that we are legally obliged to collect. Without this data we cannot enter into or continue the contract and may not be able to properly handle your enquiry.

7. Data sources

We will process the personal data that you have given us in the context of our business relationship. We will also process personal data that we may lawfully obtain from publicly accessible sources such as from registers of debtors, land registers, trade and association registers. In addition, we will use personal data that we have lawfully obtained from companies within our Group or from third parties.

8. Modification clause

As our data processing is subject to modifications, we will also adjust our information on data protection from time to time. We will publish any alterations in good time.

Further information about the General Data Protection Regulation (GDPR)
valid from 25 May 2018

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Purchase and use of subscriptions

1. Preconditions for a HAVAG subscription (ABO)
The precondition for taking out a subscription is that either the subscriber (the other contracting party) is the holder of a current account kept in a member state of the European Union or that a third party holding such an account signs the subscription contract as a further contracting party.
A further precondition for taking out a subscription is that HAVAG is given authorisation to debit the subscription fee and other amounts that become due from the customer's account by means of SEPA core direct debit. HAVAG is given permission to collect the subscription fee from the credit institution by means of a creditor ID. In departure from the statutory procedure, prenotification concerning the direct debit will be given within 2 days prior to the next direct debit. HAVAG reserves the right to perform a credit check. No subscription contract will be formed if the result of the check is negative.
If the account holder is a minor, the legal representatives/guardians must guarantee the satisfaction of the requirements under the contract. The contract will not take effect until it has been signed by the legal representative. In addition to the terms of the subscription, the Standard Terms of Transport and Tariff Provisions of the Transport Companies of MDV (Einheitliche Beförderungsbedingungen und Tarifbestimmungen der Verkehrsunternehmen des MDV) shall apply.

2. Joint and seveal liability
If the subscriber is not the holder of the account specified in the direct debit authorisation, the subscriber or guardian and the account holder shall be jointly and severally liable for compliance with all obligations (particularly payment obligations) under the subscription contract.

3. Formation and duration of the contract
The subscription contract will be formed through the acknowledgement of the subscription order in connection with the issue of an UmweltCard GOLD for the subscriber or his/her authorised agent.
Subscriptions generally begin on the 1st day of a calendar month. The order must have reached HAVAG 20 calendar days before the date when the subscriber wishes the contract to begin.
The subscription can also begin on a flexible date. The subscription can begin with immediate effect If the subscriber pays a visit to a HAVAG-SERVICE-CENTER.
The subscription contract runs for at least 12 consecutive calendar months and applies for an indefinite period unless notice of termination is given. In the case of a flexible start after the 1st calendar day of the current month, the minimum term of the contract starts on the 1st calendar day of the following month. On forming the contract subscribers are required to submit an official personal identity document with photo and evidence of a current bank account.
The subscription is evidenced by a UmweltCard GOLD. On receipt of the UmweltCard GOLD the data must be checked for accuracy and completeness. To check this information subscribers can read the data on the UmweltCard GOLD at the specified HAVAG-SERVICE-CENTERS or at customer terminals (overview to be found at www.mdv.de). Complaints concerning the data must be reported to HAVAG without delay, but no later than after 10 days after receipt of the card; this may be done in text form or in person. Complaints made at a later date cannot be considered.
In the case of ABO Light, ABO Light 9 o'clock, ABO Senior and ABO Senior Partner an official personal identity document with photo must be presented without special request when tickets are inspected, as evidence of entitlement to use the service. The UmweltCard GOLD remains the property of HAVAG and must be returned to HAVAG when the contract comes to an end (please refer also to the provisions under point 12).

4. Payment method
All subscriptions are issued on the basis of monthly or annual payment. 
In the case of annual payment an additional discount of 5 % of the total amount will be granted in comparison with monthly payment.
In the case of a flexible start during a month x/30 of the monthly subscription fee will be taken as a basis for the number of days that the subscription has been used. The additional discount for annual payment will not be granted for the month of the flexible start.

5. Subscription for apprentices and trainees (Azubis)
In addition to point 3, the following provisions govern subscriptions for apprentices and trainees (ABO Azubi/ABO Azubi Plus):

The precondition for taking out a subscription for apprentices/trainees (ABO Azubi/ABO Azubi Plus) is the presentation of a currently applicable pupil identification document or a training/apprenticeship contract.
A further requirement for the validity of a subscription for apprentices/trainees (ABO Azubi/ABO Azubi Plus) is a valid customer card, a pupil identification document or similar evidence from an educational establishment. These must be provided with the subscriber's full personal data, a non-detachable photo firmly glued to the card and confirmation from the educational establishment for each academic year/year of training.
In addition to these requirements, a further precondition for taking out and using the 2-way option in the case of ABO Azubi Plus is evidence of the subscriber's place of residence, training centre (school) and training company.
The evidence must be provided annually for the current academic year. This evidence of entitlement to a reduced fare must be carried at all times and presented without special request in the case of ticket inspections. Subscriptions for apprentices/trainees (ABO Azubi/ABO Azubi Plus) are valid for certain persons and are non-transferrable. If the conditions for entitlement to a reduced fare no longer apply, HAVAG must be notified immediately and the subscription must be altered accordingly or terminated.

6. ABO Senior/ABO Senior Partner
The precondition for taking out an ABO Senior Partner subscription is that the contracting party is an ABO Senior. The ABO Senior subscriber must comply with the requirements for both subscriptions.

7. ABO Light und ABO Light 9 o'clock
The modules "With adult", "With child" and "Transferable" can be added in any month for ABO Light and ABO Light 9 o'clock subscriptions.
If the "Transferable" module is added, it is no longer necessary to provide evidence of entitlement to use the service on ticket inspections.

8. Tariff adjustments
Tariff adjustments (such as changes in the ticket prices) will become part of the contract.

9. Changes to the subscription
Changes to the subscription are possible from the 1st day of the following calendar month and must be made in text form. Changes to your personal data, such as your last name, your address and similar, must be notified to HAVAG in text form without delay (e.g. a postal redirection order is not sufficient). Holders of a personal subscription must visit an HAVAG SERVICE CENTER in person to report a change of name as the data on the UmweltCard GOLD will have to be updated. As an alternative, this can also be done at one of the specified customer terminals (overview at www.mdv.de) if the change of name has previously been notified to the other contracting party in text form with a copy of the official personal identity document with photo.
In the case of changes to your bank account data you will also have to sign a new direct debit authorisation. If this notification is received after the 10th day of the month (postal delivery date), the amount for the following month will still be debited from your previous account. Any resulting costs (e.g. reverse entries/return debits) must be borne by the subscriber/account holder.
Changes in the tariff zones, the modules and/or a change to a different subscription tariff must be reported by the 10th day of the month (postal delivery date) for the following month. If this alters the subscription fee, a direct debit authorisation must be signed in this case as well. Subscribers are responsible for having the data on their UmweltCard GOLD card updated by HAVAG at one of the HAVAG SERVICE CENTERS or the specified customer terminals (overview at www.mdv.de).
Costs caused because subscribers/account holders have failed to give notification of changes in their account data or the closing of an account as well as changes in their personal data, especially the costs incurred in seeking information from the residents' registration office (Einwohnermeldeamt), must be settled by the subscriber.

10. Loss or damage
Subscribers must treat the UmweltCard GOLD with care. Loss of or any damage to the UmweltCard GOLD must be reported to HAVAG without delay (in person or in text form). Any costs incurred due to a delay in this respect must be borne by the subscriber/account holder. A damaged UmweltCard GOLD will only be replaced if presented to HAVAG. This replacement is subject to a charge if the damage has been caused by the subscribers themselves. The replacement is always subject to a charge if the card has been lost. 
The UmweltCard GOLD can be reissued against a handling fee of EUR 10.00. Every further replacement within 24 months is subject to a fee of EUR 20.00. A new UmweltCard GOLD can be collected from HAVAG by the subscriber or by an authorised person. It can also be sent to the subscriber on request.

11.Interrupting the subscription
It is possible for the subscriber to interrupt the subscription for unforeseeable and important reasons if the interruption lasts for at least 1 month (only from the first day of the month until the last day of the month), but no longer than 3 months.

The following reasons are recognised as unforeseeable reasons (suitable evidence must be provided to HAVAG):
:::   Undertaking a health cure
:::   Serious illness/hospitalisation
:::   Temporary relocation for reasons of business (outside the tariff zones specified in the subscription contract)
Vacation, semester/summer holidays or the use of the pupil holiday ticket are not recognised as a reason for interruption.
The basis for an interruption of the subscription is a change in the corresponding data on the UmweltCard GOLD. In this case it is essential that the UmweltCard GOLD is either presented at a HAVAG SERVICE CENTER or updated at one of the customer terminals (overview at www.mdv.de). If the subscriber uses the UmweltCard GOLD during the interruption, the interruption will immediately become invalid and the subscription fee has to be paid, also retrospectively, along with the higher fare in accordance with Article 9 of the Standard Terms of Transport and the Tariff Provisions of the Transport Companies of MDV (Einheitliche Beförderungsbedingungen und Tarifbestimmungen der Verkehrsunternehmen des MDV).
If the subscription is interrupted, the minimum term of the contract will be extended by the duration of the interruption.
A subscription contract cannot end with an interruption during the minimum term of the contract.

12. Terminating the subscription
The subscription may be terminated to the end of any month. Notice of termination must be given by the 10th day of the preceding month. Notice of termination must always be given in text form.
If notice of termination is given, the UmweltCard GOLD will be blocked as soon as it becomes invalid. The UmweltCard GOLD must be returned undamaged to one of the specified HAVAG SERVICE CENTERS by the 3rd working day of the following month. If this is not done, a handling fee of EUR 10.00 must be paid.
All outstanding debts will become due for immediate payment and will be debited together with the final subscription fee to become due. 
HAVAG has the right to debit any outstanding debts arising under the subscription contract, including the handling fee, from the account, even after notice has been given to terminate the contract.

12.1 Termination by the subscriber/account holder
12.1.1 Ordinary notice of termination
Ordinary notice of termination may be given for the first time after 12 consecutive calendar months so that the contract ends on the last day of a month.
12.1.2 Extraordinary notice of termination
Extraordinary notice of termination is given if the subscription is terminated before the expiry of the minimum term of the contract. The basis for the attractive monthly subscription price will no longer apply and an extra charge will subsequently be levied for the months already travelled.
In the case of ABO Light, ABO Basic, ABO Basis 9 o'clock, ABO Premium and ABO Azubi this charge will be calculated on the basis of the difference between the monthly subscription fee and the monthly season ticket for the corresponding price levels. In the case of ABO Basic 9 o'clock in urban transport for Merseburg, Mücheln and Querfurt, ABO Light 9 o'clock, ABO Azubi Plus, ABO Senior and ABO Senior Partner a charge of EUR 10.00 will subsequently be levied for each month travelled.
If a single payment has been made, reimbursement will be made on a pro rata basis according to the same terms. 
No subsequent charge will be levied if the following important reasons apply:
::: If the subscriber switches to the MDV job ticket,
::: If the subscriber moves outside the area served by MDV.
(evidence to be provided in suitable form),
::: If there is a change in the routes of relevance for the subscriber,
::: In the event of death (a copy of the death certificate to be provided as evidence)
::: In the case of tariff increases by MDV; In this case subscribers have a special right of termination within two weeks of learning of the tariff increase or the time when the subscriber should have learned of the increase (through the publication of the tariff increase).

12.2 Termination by HAVAG
The termination of a subscription contract without notice by HAVAG is possible at any time for important reasons. Some important reasons, for instance, are if:
::: The subscriber/account holder fails to settle debts that have become due.
::: The subscriber is in breach of MDV's relevant Standard Terms of Transport (Einheitliche Beförderungsbedingungen).
The list is not exhaustive.
If notice is given to terminate the contract because debts that have become due have not been paid, the UmweltCard GOLD will be blocked. Once the outstanding debts have been settled the UmweltCard GOLD can only be reactivated through a personal visit to the HAVAG SERVICE CENTER or at a customer terminal (overview at www.mdv.de)

13. Due dates
The subscriber/account holder must keep the subscription fee ready to be debited from the specified account. This applies in the same way to other debts that have become due under the subscription contract. Costs that have particularly been incurred due to insufficient funds in the account, the closing of the account or for any other reason for which HAVAG cannot be held responsible must be borne by the subscriber/account holder. They shall be due for immediate payment.

14. Return debits
In the case of a return debit that is not the fault of HAVAG, HAVAG will automatically debit the fee again in the following month, at the latest by the agreed debit date. The repeat debit will extend to all debts accumulated until such a time under the subscription contract, the bank charge due to the return debit and a handling fee of EUR 5.00.
If there is yet another return debit, the subscriber/account holder will be sent a reminder with a deadline for payment. This reminder will cover all existing debts, the new bank charges from the return debits as well as the handling fee of EUR 5.00.
In departure from the above-mentioned procedure, HAVAG may directly trigger a demand for payment. 
If HAVAG does not receive the outstanding debt by the set deadline, HAVAG will terminate the subscription contract (see point 12.2).
Furthermore, the costs then incurred in recovering the debt, especially dunning and court proceedings, namely a flat fee for disbursements (e.g. for letters, telephone calls, obtaining information), interest and charges (e.g. for information obtained from the residents' registration office (Einwohnermeldeamt)) will also become due pursuant to sections 280, 286 and 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

15. Refunds
Refunds of fares as a result of the UmweltCard GOLD not being used are not possible. This shall not affect Article 10 of the Terms of Transport of the MDV tariff

16. Assignment/setoff
The subscriber/account holder is not allowed to assign any claims arising under the subscription contract. The subscriber/account holder only has a right of setoff if the claim in question has been recognised through a final court judgment or is undisputed.

17. Shipping risk
The shipping risk will generally be borne by the sender. If any subscribers do not receive the UmweltCard GOLD by 3 working days prior to the selected start date for the contract, they must notify HAVAG without delay. If subscribers do not comply with their duty to give notification, they will be considered to have duly received the above-mentioned documents.

18.Data protection
HAVAG will generally use the data of the subscriber/guardian/account holder for the sole purpose of performing the contract. HAVAG will store all customer data in a protected database. This data can only be accessed by specially instructed employees who have been committed to maintain data secrecy. The data will only be disclosed to the extent necessary to perform the contract. (Thus the issue of chip cards, for instance, will be carried out by a service provider on our behalf.) The companies receiving the data are also bound by applicable data protection law and other relevant statutory requirements. Where HAVAG is obliged to disclose data by law or by a court order, customer data will be sent to bodies that are entitled to request information. Subscribers may demand information at any time regarding the data that HAVAG stores concerning them, the recipients or categories of recipients as well as the purpose of the data storage. The necessary contact data can be found in the contractual documents. If HAVAG receives the request for information in a form other than text form, subscribers must also give their address in the request. If HAVAG has justified doubts concerning the identity of the person making the enquiry, further checks may be initiated and the information will be provided after the person's identity has been verified. When seeking information subscribers should give a detailed account of the type of personal data about which information is to be provided (e.g. over a certain period or about a certain incident) and this should be supplemented by a relevant subject line (e.g. Request for information). Subscribers may also exercise their right to the rectification, erasure and blockage of their data in accordance with applicable data protection law when necessary vis-à-vis HAVAG.

In order to make it possible for tickets to be inspected, HAVAG will send the MDV companies that take part in electronic fare management-the following data: e-ticket number, HAVAG identification number, product, validity status, spatial and temporal validity and, in the case of personal tickets, also the encrypted name and date of birth. Data of customers with a teilAuto subscription will be regularly checked to verify whether they meet the conditions for such a contract. Further information about data protection can be found at www.havag.com/data protection.

19. Settling consumer disputes
Participation in dispute resolution proceedings before the söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V.) (The German Conciliation Body for Public Transport) is subject to Article 16 (3) of the Standard Terms of Transport of MDV (Einheitliche Beförderungsbedingungen des MDV).

The place of jurisdiction is Halle/Saale.

General terms and conditions for the purchase and use of a subscription, 
valid from 1 August 2018

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Purchase and use of a pupil ticket

General Terms and Conditions of Business for the Purchase and Use of a HAVAG Pupil's Ticket:

SCHOOL Card, SCHOOL Card Upgrade for the SchülerZeitKarte as well as a SchülerRegioFlat in Mitteldeutscher Verkehrsverbund (MDV) valid from 1 August 2018

1. Preconditions for a sChOOL Card/ sChOOL Card Upgrade
1.1 The SCHOOL Card contact
The contract concerns the SCHOOL Card. Only the following pupils attending a school in Halle (Saale) are entitled to use a SCHOOL Card:
a.      Pupils of grades 1 to 12 in primary schools, secondary schools, grammar schools and special schools
b.      Pupils attending preparatory classes of the Education Centre (Landesbildungszentrum) for children, who have reached compulsory school age, but are not yet ready to attend school (for children who are blind and visually impaired, children with impaired hearing-or children who are physically disabled)
c.      Pupils attending vocational training schools under the following conditions:
:::     Full-time pupils attending a specialised grammar school (Fachgymnasium FGYM),
:::     Full-time pupils doing one year of pre-vocational training (Berufsvorbereitungsjahr, BVJ),
:::     Full-time pupils doing one year of basic vocational training (Berufsgrundbildungsjahr, BGJ),
:::     Pupils attending a technical secondary school (Fachoberschule, FOS) for one year (grade 12) or for two years (grades 11 and 12),
:::     Full-time pupils attending a vocational college (Berufsfachschule, BFS) or technical college (Fachschule, FS).
1.1.1    Preconditions for pupils attending vocational training establishments
The duration of the contract for pupils attending vocational training schools (see point 1.1.c) is limited to 1 academic year.

1.2    SCHOOL Card Upgrade
Only pupils resident in Halle (Saale) who have received a valid SchülerZeitKarte are entitled to this upgrade.

1.3    Validity
The sChOOL Card/ sChOOL Card Upgrade are issued for a certain person only and apply in the corresponding academic year in tariff zone 210 (Halle). The SchülerRegioFlat can only be purchased in connection with a sChOOL Card/ sChOOL Card Upgrade. In order for a sChOOL Card/ sChOOL Card Upgrade and the SchülerRegioFlat to be valid, it is necessary to carry a valid pupil identity card or an MDV-customer card. These must be provided with full personal data, a photo firmly glued to the card and confirmation from the educational establishment for each academic year. This evidence of entitlement to a reduction must be carried at all times and presented without special request in the case of ticket inspections.

2. Joint and several liability
If the subscriber/guardian is not the holder of the account specified in the direct debit authorisation, the subscriber or guardian and the account holder are jointly and severally liable for compliance with all obligations (particularly payment obligations) under the contract.

3. Formation and duration of the contract
The contract will be formed through the acknowledgement of the order for a pupil's ticket in connection with the issue of an UmweltCard.
The precondition is that the contract form is signed by the pupil, in the case of pupils who are of full age, or by the guardian in the case of pupils who are minors, and also by the account holder. Pupils attending vocational training schools must present a current "Certificate for Presentation to Hallesche Verkehrs-AG (HAVAG)" (Bescheinigung zur Vorlage bei der Halleschen Verkehrs-AG (HAVAG)) from the vocational training school. HAVAG reserves the right to verify the legitimacy of the certificate that has been issued. The sChOOL Card and the sChOOL Card Upgrade have a minimum contract term of 6 consecutive calendar months and are valid until the end of school education at secondary schools, special schools and grammar schools, as long as notice of termination has not been given. For pupils attending vocational training schools the validity of the sChOOL Card/ sChOOL Card Upgrade is limited to one academic year.
Contracts generally begin on the 1st day of a calendar month. The order must have reached HAVAG 20 calendar days before the date when the contract is supposed to begin. The contract can also begin on a flexible date. The contract can begin with immediate effect by paying a visit to a HAVAG-SERVICE-CENTER. The contract for the SchülerRegioFlat can only begin on the 1st day of a calendar month at the start of an academic year. 
The sChOOL Card and the sChOOL Card Upgrade for the SchülerZeitKarte are stored electronically on an UmweltCard.
The SchülerRegioFlat is an enhancement of the sChOOL Card or the sChOOL Card Upgrade and is also stored on an UmweltCard. The SchülerRegioFlat can be purchased by paying an annual fee. If the SchülerRegioFlat is purchased in the current academic year, the total amount is also due.
On receipt of the UmweltCard the data must be checked for accuracy and completeness. To check this information the subscriber/guardian can read the UmweltCard at the specified HAVAG-SERVICE-CENTERS or at customer terminals (overview to be found at www.mdv.de). Complaints regarding the data must be reported to HAVAG without delay, but no later than 10 days after receipt of the card; this can be done in text form or in person. Complaints made at a later date cannot be considered. The UmweltCard remains the property of HAVAG and must be returned to HAVAG when the contract comes to an end (please refer also the provisions under point 8).

4. Payment method
The sChOOL Card/ sChOOL Card Upgrade are issued on the basis of monthly or annual payment. In the case of annual payment for the sChOOL Card an additional discount of € 3.00 is granted on the total amount. The SchülerRegioFlat is only issued on the basis of annual payment.
In the case of a flexible start during a month x/30 of the monthly fee will be taken as a basis for the number of days travelled during the first month. The additional discount for annual payment will not be granted for the month of the flexible start.
Payment is made by means of the SEPA core debit procedure. The following preconditions apply:
The contractual partner may not be in default with payments under other agreements.
Either the subscriber or the guardian must be the holder of a current account kept in a member state of the European Union or a third party who has such an account must sign the SEPA core debit mandate as a jointly and severally liable debtor and must provide his/her personal data.
HAVAG is given permission to collect the amount from the account kept at the credit institution by means of a creditor ID. In departure from the statutory procedure, prenotification concerning the direct debit will be given within 2 days prior to the next direct debit. HAVAG reserves the right to perform a credit check. No contract will be formed if the result of the check is negative. If the account holder is a minor, the legal representatives/guardians must guarantee the satisfaction of the requirements under the contract. The contract will not take effect until it has been signed by the legal representative. In addition to the General Terms and Conditions of Business for the Purchase and Use of a HAVAG Pupil's Ticket, the Standard Terms of Transport and Tariff Provisions of the Transport Companies of the MDV (Einheitliche Beförderungsbedingungen und Tarifbestimmungen der Verkehrsunternehmen des MDV) shall apply.

5. Tariff adjustments
Tariff adjustments (such as changes in ticket prices) will become part of the contract.

6. Changes to the pupil's ticket
Changes to the pupil's ticket are possible from the 1st day of the following calendar month and must be made in text form. Changes to your personal data, such as your last name, address, school attended and similar, must be notified to HAVAG in text form without delay. Holders of a pupil's ticket must visit a HAVAG SERVICE CENTER in person to report a change of name as the data on the UmweltCard will have to be updated.
As an alternative, this can also be done at one of the specified customer terminals (overview at www.mdv.de) if the change of name has first been notified to HAVAG in text form with a copy of the official personal document with photo (pupil's identity card/child's identity card).
In the case of changes to the bank account data a new direct debit authorisation will also have to be signed. If this notification is received after the 10th day of the month (postal delivery date), the amount for the following month will still be debited from the previous account. Any resulting costs (e.g. reverse entries/return debits) must be borne by the subscriber/account holder.
A change of product must be notified by the 10th day of the month (postal delivery date) for the following month. If this results in a change in the amount, a direct debit authorisation must be signed in this case as well.
Subscribers/guardians are responsible for having the data on the UmweltCard updated at one of the HAVAG SERVICE CENTERS or at one of the specified customer terminals (overview at www.mdv.de). 
Costs caused because subscribers/account holders have failed to give notification of changes in their account data or the closing of an account as well as changes in personal data, especially the costs incurred in seeking information from the residents' registration office (Einwohnermeldeamt), must be settled by the subscriber/account holder.

7. Loss or damage
The subscriber/guardian must treat the UmweltCard with care. Loss of or any damage to the UmweltCard must be reported to HAVAG without delay (in person or in text form). Any costs incurred due to a delay in this respect must be borne by the subscriber/account holder. A damaged UmweltCard will only be replaced if presented to HAVAG. This replacement is subject to a charge if the damage has been caused by the subscribers themselves. The replacement is always subject to a charge if the card has been lost. The UmweltCard can be reissued against a handling fee of EUR 10.00. Every further replacement within 24 months is subject to a fee of EUR 20.00. A new UmweltCard can be collected from HAVAG by the subscriber/guardian or by an authorised person. It may also be sent on request.

8. Termination
It is possible to terminate the contract to the end of any month. Notice of termination must be given by the 10th day of the preceding month. Notice of termination must always be given in text form. If notice of termination is given, the UmweltCard (with the exception of the SchülerZeitKarte) will be blocked as soon as it becomes invalid.
The UmweltCard must be returned in undamaged condition by the 3rd working day of the following month. If this is not done, a handling fee of EUR 10.00 must be paid. All outstanding debts will become due for immediate payment and will be debited together with the final amount. HAVAG has the right to debit any outstanding debts, including the handling fee under the contract, from the account, even after notice has been given to terminate the contract.

8.1    Termination by the subscriber/account holder
Ordinary notice of termination can be given for the first time after 6 consecutive calendar months so that the contract ends on the last day of a month.
The termination of the contract in a current academic year or within the first 6 months is only possible in the case of:
:::     A change of school or home address (suitable evidence to be provided),
:::     A change in the routes of relevance for the subscriber
:::     Tariff increases by MDV. In this case the subscriber/
account holder has a special right of termination within two weeks of learning of the tariff increase or the time when the subscriber should have learned of the increase (through the publication of the tariff increase).

8.2     Termination of the contracts by HAVAG
The termination of the contract without notice by HAVAG is possible at any time for important reasons. Some important reasons, for instance, are if:
:::     The subscriber/account holder fails to settle debts that have become due.
:::     The subscriber is in breach of MDV's relevant Standard Terms of Transport (Einheitliche Beförderungsbedingungen).
:::     The tariff for pupils tickets is not approved for the following academic year,
:::     The certificate presented in accordance with point 3 for pupils attending vocational training establishments does not entitle them to purchase a sChOOL Card.
In this case HAVAG reserves the right to charge for the difference between this and the cheapest alternative product for the months already travelled.
The list is not exhaustive.
Furthermore, if the contract is terminated, the outstanding debts plus the subsequent charge as well as other outstanding debts will be due for immediate payment. The debt will be debited together with the final monthly payment to become due.
If notice is given to terminate the contract because debts that have become due have not been paid, the UmweltCard will be blocked (with the exception of the SchülerZeitKarte). Once the outstanding debts have been settled, the UmweltCard can only be reactivated through a personal visit to a HAVAG SERVICE CENTER or at one of the specified customer terminals (overview at www.mdv.de).

9. Due dates
The subscriber/account holder must keep the subscription fee ready to be debited from the specified account. This applies in the same way to other debts that have become due under the contract. Costs that have particularly been incurred due to insufficient funds in the account or for any other reason for which HAVAG cannot be held responsible must be borne by the subscriber/account holder. They shall be due for immediate payment.

10. Return debits
In the case of a return debit that is not the fault of HAVAG, HAVAG will automatically debit the fee again in the following month, at the latest by the agreed debit date. The repeat debit will extend to all debts accumulated until such a time under the contract, the bank charge due to the return debit and a handling fee of EUR 5.00.
If there is yet another return debit, the subscriber/account holder will be sent a reminder with a deadline for payment. This reminder will cover all existing debts, the new bank charges from the return debits as well as the handling fee of EUR 5.00.
In departure from the above-mentioned procedure, HAVAG may directly trigger a demand for payment. If HAVAG does not receive the outstanding debt by the set deadline, HAVAG will terminate the contract (see point 8.2). Furthermore, the costs then incurred in recovering the debt, especially dunning and court proceedings, namely a flat fee for disbursements (e.g. for letters, telephone calls, obtaining information), interest and charges (e.g. for information obtained from the residents' registration office (Einwohnermeldeamt) will also become due due pursuant to sections 280, 286 and 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

11. Refunds
Refunds of fares as a result of the pupil's ticket not being used are not possible. This shall not affect Article 10 of the Terms of Transport of the MDV tariff. 

12. Assignment/setoff
It is not permitted for the subscriber or guardian/account holder to assign any claims arising under the contract. The subscriber or guardian/account holder only has a right of setoff if the claim in question has been recognised through a final court judgment or is undisputed.

13. Shipping risk
The shipping risk will generally be borne by the sender. If the subscriber does not receive the UmweltCard by 3 working days prior to the selected start date for the contract, the subscriber/guardian must notify HAVAG without delay. If subscribers/guardians do not comply with their duty to give notification, they will be considered to have duly received the above-mentioned documents.

14. Data protection
HAVAG will generally use the data of the subscriber/guardian/account holder for the sole purpose of performing the contract. HAVAG will store all customer data in a protected database. This data can only be accessed by specially instructed employees who have been committed to maintain data secrecy. The data will only be disclosed to the extent necessary to perform the contract. (Thus the issue of chip cards, for instance, will be carried out by a service provider on our behalf.) The companies receiving the data are also bound by applicable data protection law and other relevant statutory requirements. Where HAVAG is obliged to disclose data by law or by a court order, the customer's data will be sent to bodies that are entitled to request information. Subscribers may demand information at any time regarding the data that HAVAG stores concerning them, the recipients or categories of recipients as well as the purpose of the data storage. The necessary contact data can be found in the contractual documents. If HAVAG receives the request for information in a form other than text form, subscribers must also give their address in the request. If HAVAG has justified doubts concerning the identity of the person making the enquiry, further checks may be initiated and the information will be provided after the person's identity has been verified. When seeking information subscribers should give a detailed account of the type of personal data about which information is to be provided (e.g. over a certain period or about a certain incident) and this should be supplemented by a relevant subject line (e.g. Request for information). Subscribers may also exercise their right to the rectification, erasure and blockage of their data in accordance with applicable data protection law when necessary vis-à-vis HAVAG.
In order to make it possible for tickets to be inspected, HAVAG will send the MDV companies that take part in electronic fare management-the following data: e-ticket number, HAVAG identification number, product, validity status, spatial and temporal validity and, in the case of personal tickets, also the encrypted name and date of birth. Further information about data protection can be found at www.havag.com.dataprotection.

15. Settling consumer disputes

Participation in dispute resolution proceedings before the söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (The German Conciliation Body for Public Passenger Transport) is subject to Article 16 (3) of the Standard Terms of Transport of MDV (Einheitliche Beförderungsbedingungen des MDV).

The place of jurisdiction is Halle/Saale.

General terms and conditions for the pupil tickets, 
valid from 1 August 2018

download
PDF (462.8 KB)

Purchase and use of a job ticket

General Terms and Conditions of Business for the Purchase and Use of a HAVAG Job Ticket in Mitteldeutscher Verkehrsverbund (MDV)

valid from 1 August 2018

1. Preconditions for a HAVAG job ticket 
The precondition for the purchase of a job ticket is that a framework agreement for the use of the job ticket has been formed with the employer of the job ticket user The job ticket on offer is valid only for this employer's employees, apprentices and trainees. An UmweltCard GOLD will be issued.
A further precondition is that either the job ticket user (the contractual partner) is the holder of a current account kept in a member state of the European Union or that a third party holding such an account signs the job ticket contract as a further contracting party.
A further precondition for the purchase of a job ticket is that HAVAG is given authorisation to debit the price of the job ticket and other amounts that become due from the user's account by means of SEPA core direct debit. HAVAG is given permission to debit the price of the job ticket from the account kept at the credit institution by means of a creditor ID. In departure from the statutory procedure, prenotification concerning the direct debit will be given within 2 days prior to the next direct debit. HAVAG reserves the right to perform a credit check. No job ticket contract will be formed if the result of the check is negative.
If the account holder is a minor, the legal representatives/guardians must guarantee the satisfaction of the requirements under the contract. The contact will not take effect until it has been signed by the legal representative. In addition to the job ticket terms, the Standard Terms of Transport and Tariff Provisions of the Transport Companies of MDV (Einheitliche Beförderungsbedingungen und Tarifbestimmungen der Verkehrsunternehmen des MDV) shall apply.

2. Joint and several liability
If the subscriber is not the holder of the account specified in the direct debit authorisation, the job ticket user/guardian and the account holder shall be jointly and severally liable for compliance with all obligations (particularly payment obligations) under the job ticket contract.

3. Formation and duration of the contract
The job ticket contract will be formed through the acknowledgement of the job ticket order in connection with the issue of an UmweltCard GOLD for the job ticket user or his/her authorised agent.
The contract form must be provided with the employer's stamp and signature.
Job tickets are generally valid from the 1st day of a calendar month. The order must have reached HAVAG 20 calendar days before the date when the contract is supposed to start.
The job ticket contract runs for at least 12 consecutive calendar months. The automatic renewal of the current job ticket depends on the framework agreement with the employer being renewed.
On forming the contract job ticket holders are required to submit an official personal identity document with photo and evidence of a current bank account.
The job ticket takes the form of an UmweltCard GOLD. On receipt of the UmweltCard GOLD the data must be checked for accuracy and completeness.
To check this information job ticket users can read the data on the UmweltCard GOLD at the specified HAVAG SERVICE CENTERS or at customer terminals (overview to be found at www.mdv.de). Complaints concerning the data must be reported to HAVAG without delay, but no later than 10 days after receipt of the card; this may be done in text form or in person. Complaints made at a later date cannot be considered.
The UmweltCard GOLD remains the property of HAVAG and must be returned to HAVAG when the contract comes to an end (see also the provisions under point 10). 

4.Validity of the job ticket
The job ticket entitles the user to use the public transport facilities of the partners in the MDV, in accordance with the tariff zones stored on the UmweltCard GOLD.
Evidence of entitlement must be provided in the form of an official personal identity document with photo or a business identification card.
The job ticket user has a choice of four tariff options. Job tickets (with the exception of ABO Azubi and ABO Azubi Plus) are transferrable on Mondays to Fridays from 17 hours until 4 in the morning of the following day and throughout the whole day on Saturdays, Sundays and on all public holidays in Saxony/Sachsen-Anhalt/Thuringia. The job ticket is restricted to a certain person at all other times. In the case of ticket inspections evidence of entitlement must be presented without any special request in connection with the job ticket.
Further benefits are set out in the Standard Terms of Transport and Tariff Provisions of the Transport Companies of MDV (Einheitliche Beförderungsbedingungen und Tarifbestimmungen der Verkehrsunternehmen des MDV).

5. Job tickets for apprentices and trainees (Azubis)
In addition to points 3 and 4, the following provisions govern job tickets for apprentices and trainees (ABO Azubi/ABO Azubi Plus):
Instead of an official personal identity document with photo/business identification card valid evidence of entitlement to a reduced fare is required. The MDV customer card must be used as evidence. This must be provided with full personal data, a non-detachable photo firmly glued to the card and current confirmation from the employer (stamp and signature) for each year of training.
This evidence of entitlement to a reduced fare must be carried at all times and presented without special request in connection with the job ticket in the case of ticket inspections.
The precondition for taking out and using the 2-way option in the case of ABO Azubi Plus is evidence of the place of residence, the training centre (school) and the training company.
HAVAG must be notified immediately if the conditions for entitlement to a reduced fare no longer apply. The job ticket for apprentices/trainees must be altered accordingly or terminated. 

6. Tariff adjustments
The monthly or annual fare depends on the tariffs of Mitteldeutscher Verkehrsverbund (MDV) for job ticket-products on the basis of the "ABO Basic“, "ABO Premium", "ABO Azubi“ and "ABO Azubi Plus“ as well as the discount scales agreed in the framework agreement between HAVAG and the employer, which may depend on the purchase volume or the contribution from the employer and may change during the course of a year. Employees may enquire about how much these amounts are from their employer. When new tariffs come into force they will apply to the job ticket and become part of the contract.

7. Changes to the job ticket
Changes to the job ticket are possible from the 1st day of a calendar month and must be made in text form. Changes in your personal data, such as your last name and similar, must be notified to HAVAG in text form without delay (e.g. a postal redirection order is not sufficient). If job ticket users change their name, they must visit a HAVAG SERVICE CENTER in person as the data on the UmweltCard GOLD will have to be updated. As an alternative, this can also be done at one of the specified customer terminals (overview at www.mdv.de;) if the change of name has previously been notified to the other contracting party in text form with a copy of the official personal identity document with photo.
In the case of changes to your bank account data you will also have to sign a new direct debit authorisation. If this notification is received after the 10th day of the month (postmark), the amount for the following month will still be debited from your previous account. Any resulting costs (e.g. reverse entries/return debits) must be borne by the job ticket user/account holder.
Changes in the tariff zones and/or a change to a different job ticket tariff must be reported by the 10th day of the month (postal delivery date) for the following month.
If this alters the job ticket fee, a direct debit authorisation must be signed in this case as well. Job ticket users are responsible for having the data on their UmweltCard GOLD card updated by HAVAG at one of the HAVAG SERVICE CENTERS or at a customer terminal (overview at www.mdv.de).
Costs caused because job ticket user/account holders have failed to give notification of changes in their account data or the closing of an account as well as changes in their personal data, especially the costs incurred in seeking information from the residents' registration office (Einwohnermeldeamt), must be settled by the job ticket user.

8. Loss or damage
Job tickets user must treat the UmweltCard GOLD with care. Loss of or any damage to the UmweltCard GOLD must be reported to HAVAG without delay (in person or in text form). Any costs incurred due to a delay in this respect must be borne by the job ticket user/account holder. A damaged UmweltCard GOLD will only be replaced if presented to HAVAG. This replacement is subject to a charge if the damage has been caused by the job ticket users themselves. The replacement is always subject to a charge if the card has been lost.
The UmweltCard GOLD can be reissued against a handling fee of EUR 10.00. Every further replacement within 24 months is subject to a fee of EUR 20.00. A new UmweltCard GOLD can be collected from HAVAG by the job ticket user or by an authorised person. It can also be sent to the job ticket user on request.

9. Interrupting the job ticket
It is possible for the job ticket user to interrupt the job ticket for unforeseeable and important reasons if the interruption lasts for at least 1 month (only from the first day until the last day of the month), but no longer than 3 months. The following reasons are recognised as unforeseeable reasons (suitable evidence must be provided to HAVAG):
::: Undertaking a health cure
::: Serious illness/hospitalisation
::: Temporary relocation for reasons of business (outside the tariff zones specified in the job ticket contract.

The duration of an interruption due to parental leave/maternity leave must be agreed with the employer. Vacation is not recognised as a reason for an interruption. The basis for an interruption of the job ticket is a change in the corresponding data on the UmweltCard GOLD. In this case it is essential that the UmweltCard GOLD is either presented at a HAVAG SERVICE CENTER or updated at one of the customer terminals (overview at www.mdv.de). If the job ticket user uses the UmweltCard GOLD during the interruption, the interruption immediately becomes invalid and the job ticket fee has to be paid, also retrospectively, together with the higher fare in accordance with Article 9 of the Standard Terms of Transport and the Tariff Provisions of the Transport Companies of MDV (Einheitliche Beförderungsbedingungen und Tarifbestimmungen der Verkehrsunternehmen des MDV).
A job ticket contract cannot end with an interruption during the minimum term of the contract. 

10. Terminating the job ticket
The job ticket may be terminated to the end of any month. Notice of termination must be given by the 10th day of the preceding month. Notice of termination must always be given in text form.
If notice of termination is given, the UmweltCard GOLD will be blocked as soon as it becomes invalid. The UmweltCard GOLD must be returned undamaged to one of the specified HAVAG SERVICE CENTERS by the 3rd working day of the following month. If this is not done, a handling fee of EUR 10.00 must be paid.
All outstanding debts will become due for immediate payment and will be debited together with the final job ticket fee to become due. HAVAG has the right to debit any outstanding debts arising under the job ticket contract, including the handling fee, from the account, even after the contractual relationship has ended.
Job ticket users are under an obligation to notify their employer that notice of termination has been given.

10.1 Termination by the job ticket user/account holder
10.1.1 Ordinary termination
Ordinary notice of termination may be given for the first time after 12 consecutive calendar months so that the contract ends on the last day of a month. 
10.1.2 Extraordinary notice of termination
Extraordinary notice of termination is given if the job ticket is terminated before the expiry of the minimum term of the contract. If the job ticket is terminated through extraordinary notice of termination without an important reason before the expiry of the first year of the contract, the discount in the form of the reduced monthly/annual fee will cease to apply with retrospective effect. The price of the monthly season ticket for the selected tariff zones will subsequently be billed for months already travelled. Important reasons where there will be no subsequent charge are where job ticket users:
::: are no longer the company's employees
::: break off a training course before it is scheduled to end
::: change their first workplace
::: move home to a place outside the area served by MDV
(evidence to be supplied through a certificate of registration from the Einwohnermeldeamt).
::: are affected by a change in the routes of relevance for them
::: are affected by a change of tariff due to a change in the scale of discounts
::: die
::: are unfit for work for a period of at least 6 weeks
::: are not in work for longer than 6 weeks due to maternity leave, parental leave, caregiver leave, voluntary national service or the receipt of a pension or embark on the release phase (where they are not at work) of a partial retirement plan or a comparable agreement under a works agreement of the other contracting party
If one of these important reasons applies, no subsequent charge will be levied.

10.2 Termination by HAVAG
The termination of a job ticket agreement without notice by HAVAG is possible at any time for important reasons. Some important reasons, for instance, are if:
::: The framework agreement between HAVAG and the employer is terminated (e.g. if the minimum order quantity of 20 job tickets is not reached)
::: The employer notifies HAVAG that the job ticket user has left the company
::: The job ticket user/account holder fails to pay debts that have become due.
The list is not exhaustive.
If notice of termination is given because debts that have become due have not been paid, the UmweltCard GOLD will be blocked. Once the outstanding debts have been settled, the UmweltCard GOLD can only be reactivated through a personal visit to the HAVAG SERVICE CENTER and after consultation with the employer or at a customer terminal (overview at www.mdv.de).

11. Due dates
The job ticket user/account holder must keep the job ticket fee ready to be debited from the specified account. This applies in the same way to other debts that have become due under the job ticket contract. Costs that have particularly been incurred due to insufficient funds in the account, the closing of the account or for any other reason for which HAVAG cannot be held responsible must be borne by the job ticket holder/account holder. They shall be due for immediate payment. 

12. Return debits
In the case of a return debit that is not the fault of HAVAG, HAVA will automatically debit the fee again in the following month, at the latest by the agreed debit date. The repeat debit will extend to all debts accumulated up until such a time under the job ticket contract, the bank charge due to the return debit and a handling fee of EUR 5.00.
If there is yet another return debit, the job ticket user/account holder will be sent a reminder with a deadline for payment. This reminder will cover all existing debts, the new bank charges from the return debits as well as the handling fee of EUR 5.00. In departure from the above-mentioned procedure, HAVAG may directly trigger a demand for payment. If HAVAG does not receive the outstanding debt by the set deadline, HAVAG will terminate the job ticket contract (see point 10.2).
Furthermore, the costs then incurred in recovering the debt, especially dunning and court proceedings, namely a flat fee for disbursements (e.g. for letters, telephone calls, obtaining information), interest and charges (e.g. for information obtained from the residents' registration office (Einwohnermeldeamt)) will also become due pursuant to sections 280, 286 and 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB ).

13. Refunds
Refunds of fares as a result of the UmweltCard GOLD not being used are not possible. This shall not affect Article 10 of the Terms of Transport of the MDV tariff. 

14. Assignment/setoff
The job ticket holder/account holder is not allowed to assign any claims under the job ticket contract. The job ticket user/account holder only has a right of setoff if the claim in question has been recognised through a final court judgment or is undisputed.

15. Shipping risk
The shipping risk will generally be borne by the sender. If any job ticket users do not receive the UmweltCard GOLD by 3 working days prior to the selected start date for the contract, they must notify HAVAG without delay. If job ticket users do not comply with their duty to give notification, they will be considered to have duly received the above-mentioned documents.

16. Data protection
HAVAG will generally use the data of the job ticket user/guardian/account holder for the sole purpose of performing the contract. HAVAG will store all customer data in a protected database. This data can only be accessed by specially instructed employees who have been committed to maintain data secrecy. The data will only be disclosed to the extent necessary to perform the contract. (Thus the issue of chip cards, for instance, will be carried out by a service provider on our behalf.) The companies receiving the data are also bound by applicable data protection law and other relevant statutory requirements. Where HAVAG is obliged to disclose any data by law or by a court order, the customer's data will be sent to bodies that are entitled to request information. Job ticket users may demand information at any time regarding the data that HAVAG stores concerning them, the recipients or categories of recipients as well as the purpose of the data storage. The necessary contact data can be found in the contractual documents. If HAVAG receives the request for information in a form other than text form, job ticket users must also give their address in the request. If HAVAG has justified doubts concerning the identity of the person making the enquiry, further checks may be initiated and the information will be provided after the person's identity has been verified. When seeking information job ticket users should give a detailed account of the type of personal data about which information is to be provided (e.g. over a certain period or about a certain incident) and this should be supplemented by a relevant subject line (e.g. Request for information). Job ticket users may also exercise their right to the rectification, erasure and blockage of their data in accordance with applicable data protection law when necessary vis-à-vis HAVAG.
In order to make it possible for tickets to be inspected, HAVAG will send the MDV companies that take part in electronic fare management-the following data: e-ticket number, HAVAG identification number, product, validity status, spatial and temporal validity and, in the case of personal tickets, also the encrypted name and date of birth. Data of customers with a teilAuto job ticket will be regularly checked to verify whether they meet the conditions for such a contract. Further information about data protection can be found at www.havag.com/dataprotection. 

17. Settling consumer disputes
Participation in dispute resolution proceedings before the söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (The German Conciliation Body for Public Transport) is subject to Article 16 (3) of the Standard Terms of Transport of MDV (Einheitliche Beförderungsbedingungen des MDV).
 

The place of jurisdiction is Halle/Saale.

General terms and conditions for the job ticket, 
valid from 1 August 2018

download
PDF (382.8 KB)

Purchase of online tickets in the ticket shop and products from the souvenir shop

General Terms and Conditions for the Purchase of Online Tickets at the Ticket Shop and Products from the Souvenir Shop

valid from 5 July 2018

1. General
1.1    Scope of application
These General Terms and Conditions of Business govern the purchase over the internet of online tickets at the ticket shop and products from the souvenir shop of Hallesche Verkehrs AG (HAVAG). These Terms and Conditions do not apply to orders for subscriptions.
Where an online ticket is purchased the Terms of Transport and Transport Provisions of Mitteldeutscher Verkehrsverbund (MDV) (Beförderungsbedingungen und Tarifbestimmungen des Mitteldeutschen Verkehrsverbundes (MDV)) become part of the contract and can be viewed at https://www.havag.com/befoerderungsbedingungen

1.2    Language
The language leading to the formation of a contract is German.

1.3    Formation of the contract
The contract will be formed when the order form is sent over the internet or when the customer accepts the goods that have been shipped.
The minimum age for entering into a contract of sale is 18 years.

1.4    Prices
All price information at our ticket and souvenir shop is quoted inclusive of statutory value added tax plus possible shipping costs.

1.5    Terms of payment
The goods will be shipped against payment in advance by PayPal or credit card. The credit cards we accept are MasterCard and Visa. We use the 3D-Secure process.
The customer must keep the amount ready to be debited from the specified account. If the amount cannot be debited, delivery will be refused. The customer will be blocked for further participation in online sales. In addition, customers must bear any return debits and reminder fees.

1.6    Data protection
HAVAG has the right to process, store and use the personal data sent to it in connection with an order so that the order can be processed. The user expressly agrees to this. HAVAG will comply with the data protection laws.
Further information on data protection at HAVAG can be found at https://havag.com/dataprotection.

1.7    Place of performance/choice of law
The place of performance and the sole place of jurisdiction is Halle (Saale), insofar as this is permitted by law. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

1.8    Severability
If any individual provisions of these Terms and Conditions of Business should be invalid, this shall not affect the validity of any other provisions or agreements.

1.9    Name and address of the provider
Hallesche Verkehrs-AG
represented by Management Board Member Vinzenz Schwarz

Freiimfelder Straße 74
D – 06112 Halle (Saale)

Local court (Amtsgericht) Halle HRB-200 820
VAT ID no. DE 13 96 01 469

2. Special terms for the purchase of souvenir products

2.1    General
We reserve the right to supply goods with differences in colour and design as well as aberrations. 
Aberrations mean that the goods are not shown in their original size.

2.2    Reservation as to availability 
All offers are non-binding and subject to alteration. Sales are subject to availability. If the goods that have been ordered are not deliverable you will be immediately informed that they are not available and any payments you have aleady made will be refunded.

2.3    Delivery/shipping costs
Delivery will be effected at the customer's risk and expense. The selection of the transport route and the shipping method is a matter for HAVAG. Shipping costs within the Federal Republic of Germany amount to EUR 5.00.

2.4    3.3 Returning the goods/complaints/refunds
Customers may cancel the contract of sale without giving reasons within 2 weeks of receiving the products. Notice of cancellation must be given in text form (i.e. in writing or on a permanent data carrier) or by returning the goods. To comply with the time limit it is sufficient to send off the goods in good time. The time limit commences on receipt of the goods. The contract of sale will become null and void if cancellation is given within the time limit.
The right of cancellation does not apply to audio and video recordings if the data carriers have been unsealed or are no longer shrink-wrapped. For orders of up to EUR 40 customers must bear the costs of returning the goods unless the goods that have been delivered are not those that have been ordered. For orders worth EUR 40 and more HAVAG will bear the necessary costs incurred of returning the goods.
Furthermore, defective goods or wrong deliveries will be exchanged free of charge. Shipping costs will be reimbursed in the case of justified complaints.

Please send any cancellations/returned goods to the following address:

Hallesche Verkehrs-AG (HAVAG)
Abteilung (Department) MV/V
Freiimfelder Straße 74
D – 06112 Halle (Saale)
Email: Kundenservice@havag.com

2.5    Terms of the statutory and voluntary guarantees
The statutory guarantee period is 2 years and begins when the goods are handed over. During this time defects covered by the statutory guarantee obligation will be rectified free of charge. Your claims under the statutory guarantee are initially limited to putting right (curing) a breach of contract. If the attempt to cure the breach fails, you have the choice of withdrawing from the contact of sale or claiming a reduction in the purchase price.
If a seller's guarantee is granted in the individual case, without prejudice to these statutory rights, the details will be set out in the guarantee terms supplied with the product delivered.
HAVAG gives no statutory guarantee for defects caused by improper use or above-average stress on the part of the customer. Signs of wear are also excluded from the guarantee.

2.6    Compensation for loss of value
If the buyer withdraws from the contract of sale or exercises the 14-day right to cancel the contract and return the goods, we reserve the right to claim reasonable compensation for any deterioration in the product due to use. This even applies if the customer has treated the goods with care. To avoid paying compensation for loss of value when exercising the 14-day right of return, we recommend that you do not use the goods during this period.

2.7    Reservation of title
The goods remain the property of HAVAG until they have been paid for in full.

3. Special terms for the purchase of online tickets
3.1    General
The customer declares that he/she has truthfully entered all information on the request form. The online ticket is a personal and non-transferrable ticket. It is only valid in connection with an official identity document with photo or similar evidence from an educational establishment. Online tickets printed with incorrect information are not valid.
Online ticket transactions that fail due to incorrectly installed hardware or software belonging to the customer will be charged for in full if the data transfer on the side of HAVAG's server has been complete and successful. HAVAG is not liable for damage that may result due to the data transfer.

3.2    Printing online tickets
The online tickets will be made available to the customer by HAVAG's ticket server in the form of a PDF file of flawless quality that can be printed out. Customers are responsible for printing the online tickets in such a way that all information is complete and fully legible so that the online tickets can be checked during a ticket inspection. Tickets that cannot be checked are invalid within the meaning of Article 8 of the Terms of Transport and Tariff Provisions of Mitteldeutscher Verkehrsverbund (MDC) (Beförderungsbedingungen und Tarifbestimmungen des Mitteldeutschen Verkehrsverbundes (MDV)).

3.3    Returning tickets/complaints/refunds
In departure from Article 10 (4) of the Terms of Transport and Tariff Provisions of Mitteldeutscher Verkehrsverbundes (MDV), it is not possible to claim a refund of the fare if a ticket has not been used or only partially used.

3.4    Settlement of disputes
To settle disputes with consumers HAVAG has undertaken to participate in dispute resolution proceedings in accordance with Article 4 of the bylaws of söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (The German Conciliation Body for Public Passenger Transport).

The following body is competent to adjudicate:

The German Conciliation Body for Public Passenger Transport
Fasanenstr. 81
10623 Berlin
www.soep-online.de

General terms and conditions for the purchase of online tickets in the ticket shop and products from the souvenir shop, 
valid from 5 July 2017

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