General Terms and Conditions
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Purchase and use of subscriptions (valid from 01.08.2022)
General Terms and Conditions of Business for the Purchase and Use of a HAVAG Subscription in the Central German Transport Network
(Mitteldeutscher Verkehrsverbund - MDV)valid from 01.08.2022 as the contractual basis for your subscription
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. The advance notice for the direct debit (prenotification) shall be sent - in deviation from the statutory regulation - within 2 days before 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 subscription conditions, the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON, as well as the tariff regulations of the transport companies of the MDV also apply.
2. Joint and several 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 and, if applicable, the token on it/ a paper-based subscription 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. A subscription (except AzubiTicket Sachsen-Anhalt, AzubiTicket Sachsen) can also start flexibly. 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. For the ABO Flex (flexible subscription), a shortened minimum contract period of 6 consecutive months applies.
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 consists of the UmweltCard GOLD and, if applicable, the token on it or a paper-based subscription.
Upon receipt of the UmweltCard GOLD and, if applicable, the token/paper-based subscription on it, the data must be checked for correctness 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/umweltcard). 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 am/10 am, ABO Senior and ABO Senior Partner an official personal identity document with photo (not a copy) must be presented without special request when tickets are inspected, as evidence of entitlement to use the service.
The UmweltCard GOLD and, if applicable, the token/paper-based subscription on it, 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 14).
4. Payment method
All subscriptions (except AzubiTicket Sachsen-Anhalt, AzubiTicket Sachsen) are issued with monthly or annual payment.
In the case of annual payment an additional discount of 5 % (except tariff zone 210 Halle where it is only 2.5 %) of the total amount will be granted in comparison with monthly payment. The AzubiTicket Sachsen-Anhalt and the AzubiTicket Sachsen are issued exclusively employing the monthly payment system.
In the case of a flexible start (with the exception of the AzubiTicket Sachsen-Anhalt and the AzubiTicket Sachsen) 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 in the first month. 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 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 (school). 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 the evidence of the subscriber's place of residence, educational institution (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-transferable. 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. AzubiTicket Sachsen-Anhalt (Saxony Anhalt)
In addition to point 3, the following provisions govern subscriptions for apprentices and trainees (AzubiTicket Sachsen-Anhalt):
For the conclusion of an AzubiTicket Sachsen-Anhalt, the educational institution (name, address) and the training company (name, address) must be entered on the application and proven by confirmation of the vocational school or by submission of an apprenticeship contract indicating the vocational school.
A valid customer card (entitlement card) is also required for the validity of the AzubiTicket Sachsen-Anhalt. 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 institution for each school and training 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.
The AzubiTicket Sachsen-Anhalt is personal and non-transferable. 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. The obligation to notify also applies in the event of a change of residence, place of education or educational institution.
7. AzubiTicket Sachsen (Saxony)
In addition to point 3, the following provisions govern subscriptions for apprentices and trainees (AzubiTicket Sachsen):
The AzubiTicket Sachsen must be purchased from a transport company of the transport association in which the vocational school is located.
For the conclusion of an AzubiTicket Sachsen, the Saxon educational institution (name, address) and the training company (name, address) must be entered on the application and proven by confirmation of the vocational school on the application, on the customer card or by submission of an apprenticeship contract indicating the vocational school.
A valid customer card is also required for the validity of the AzubiTicket Sachsen. This 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. 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.
The AzubiTicket Sachsen is personal and non-transferable. 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. The obligation to notify also applies in the event of a change of residence, place of education or educational institution.
8. 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.
9. ABO Light and ABO Light 9 am/ABO Light 10 am
For tariff zone 210 (Halle) and tariff zone 110 (Leipzig), the Plus options "Take adult with you", "Take child with you" and "Transferability" can be added on a monthly basis for the ABO Light and ABO Light 9 am/10 am.
If the "Transferable" Plus Option is added, it is no longer necessary to provide evidence of entitlement to use the service on ticket inspections.
10. Tariff adjustments
Tariff adjustments (such as changes in ticket prices) become part of the contract.
11. 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 or performed online in the subscription self-administration sector.
Changes to your personal data, such as your last name, address, school attended and similar, must be notified to HAVAG without delay. 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 and, if applicable, the token on it or on the paper-based subscription 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/umweltcard) 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 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 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 PLUS options 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.
An extension of the geographical area of validity of the AzubiTicket Sachsen during the minimum contract period is permitted; the minimum contract period does not change. A reduction or other change of the geographical area of the AzubiTicket Sachsen is only permissible within the framework of an ordinary termination of the contract after the expiry of the minimum contract period.
Only seamlessly adjoining transport networks can be combined with each other.
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/umweltcard). 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.
12. Loss or damage
The subscriber must handle the UmweltCard GOLD and, if applicable, the token on it or paper-based subscription with care. Loss of or any damage 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. The latter must also take all steps which appear appropriate to minimise the costs in the event of a loss of them.
A damaged UmweltCard GOLD and, if applicable, the token on it or the paper-based season ticket will only be replaced on presentation of the same 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.
12.1. Paper-based subscription
The paper-based subscription can be reissued against a handling fee of EUR 10.00 and in return for the submission of the guarantee certificate.
A new paper-based subscription can be collected from HAVAG by the subscriber or by an authorised person (power-of-attorney necessary), or it can also be sent to the subscriber on request.
A damaged paper-based subscription will only be replaced if presented to HAVAG. The handover/dispatch of the paper-based subscription is performed exclusively by HAVAG.
The prerequisite for replacement is the still existing recognisability of the damaged paper-based subscription. The paper-based subscription can be reissued against a handling fee of EUR 10.00.
12.2 UmweltCard GOLD
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.
12.3 UmweltCard GOLD and annual ticket AzubiTicket Sachsen-Anhalt
The UmweltCard GOLD as well as the annual token can be reissued against a handling fee of EUR 15.00. Every further replacement within 24 months is subject to a fee of EUR 20.00. A new UmweltCard GOLD as well as the annual token can be collected from HAVAG by the subscriber or by an authorised person. It can also be sent to the subscriber on request.
13. 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 interruption begins on the first of the month.
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.
Basis for an interruption of the subscription:
::: in the case of a paper-based subscription, the deposit of the
paper-based subscription valid for the interruption period with HAVAG.::: in the case of the UmweltCard GOLD, the change of the corresponding data on the UmweltCard GOLD. In this case it is essential that the UmweltCard GOLD is either presented at HAVAG or updated at one of the customer terminals (overview at www.mdv.de/umweltcard).
::: in the case of the UmweltCard GOLD with annual ticket AzubiTicket Sachsen-Anhalt, the deposit of the ticket valid for the interruption period with HAVAG.
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 Carriage of the MDV, VMS, VVO, VVV and ZVON. 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.
14. Terminating the subscription
The subscription may be terminated to the end of any month. The date of receipt of the mail is decisive for the notice of termination. Notice of termination must be given by the 10th day of the preceding month. Any notice of termination must be made in text form or can be completed online in the subscription self-administration section.
The UmweltCard GOLD and the ticket or paper-based subscription on it must be returned by the 3rd working day after expiry and this is a prerequisite for the acceptance of the notice of termination. If the UmweltCard GOLD and the ticket on it or paper-based subscription are not returned in due time, the cancellation shall not take effect. 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
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.
Fees for return debit notes performed by the customer are not borne by the transport company.
14.1 Termination by the subscriber/account holder
14.1.1 Ordinary termination
Ordinary notice of termination may be given for the first time after 12 consecutive calendar months to the end of the month. The contract period of the ABO Flex does not count towards the contract period of other subscription products.
14.1.2 Extraordinary 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 Basis, ABO Basis 9 am, 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. Customers of the ABO Flex will be charged the outstanding monthly prices until the minimum contract period is reached. In the case of ABO Light 9 am/10 am, ABO Basis 10 am, ABO Azubi Plus, ABO Senior and ABO Senior Partner a charge of EUR 10.00 will subsequently be levied for each month travelled. In the case of a one-off payment, a pro rata refund is made according to the same conditions; the additional discount of 5 % or for tariff zone 210 (hall) of 2.5 % does not apply.
No subsequent charge will be levied if the following important reasons apply:
::: switch 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,
::: death (proof of death certificate),
::: tariff increases by MDV. In this case the subscriber 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).
::: in the case of discounted subscriptions: Discontinuation of the entitlement to a reduction
::: In the event of the extraordinary termination of the AzubiTicket Sachsen-Anhalt, AzubiTicket Sachsen, the additional charge does not apply.
14.2 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 violates the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON,
::: the subscriber's entitlement to a discount no longer applies.
The list is not exhaustive.
In such cases, the subscriber must immediately return the UmweltCard GOLD and the ticket on it or paper-based subscription to HAVAG. In the event of non-return, the subscriber/account holder is obliged to pay the respective monthly amount. The debt will be debited together with the final monthly subscription payment to become due.
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 known customer terminal (overview at www.mdv.de/umweltcard) ).
15. Due Date
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.
16. 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 14.2).
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).
17. Refunds
Refunds of transport charges due to non-use of the UmweltCard GOLD and, if applicable, the ticket on it/paper-based season ticket are not possible. Section 10 of the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON remain unaffected.
18. 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.
19. Shipping risk
The shipping risk will generally be borne by the sender. If any subscribers do not receive the paper-based subscription or the UmweltCard GOLD and if necessary the ticket on it 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.
20. Privacy
The 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 restriction 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, geographical 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/datenschutz.
21. Settling consumer disputes
Participation in dispute resolution proceedings at the söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (The German Conciliation Body for Public Transport) is subject to Article 16 (3) of the uniform conditions of carriage 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 2022
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Purchase and use of a pupil subscription (valid from 01.08.2022)
General Terms and Conditions for the Purchase and Use of a HAVAG Pupil Subscription:
SCHOOL Card, SCHOOL Card Upgrade to the SchülerZeitKarte (pupil time card) as well as a SchülerFreizeitTicket (pupil leisure time ticket) in the Central German Transport Network (Mitteldeutscher Verkehrsverbund - MDV)valid from 01.08.2022
1. Preconditions for a SCHOOL Card/ SCHOOL Card Upgrade for the SchülerFreizeitTicket
1.1 The SCHOOL Card contract
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 13 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:
::: vocational grammar school (VGS) as a full-time school,
::: full-time pupils doing one year of pre-vocational training (BVJ),
::: 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 establishmentsThe 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 SchülerFreizeitTicket (SFZT)
The SchülerFreizeitTicket (Pupil recreation ticket) is issued as a monthly subscription for
In order to conclude the purchase of the SFZT, the presentation of a valid customer card, student ID card or a
1.4 Valid
The SCHOOL Card/the SCHOOL Card Upgrade as well as the SchülerFreizeitTicket are personal and valid for the respective school year. The SCHOOL Card/the SCHOOL Card Upgrade (as an extension of the Schüler-ZeitKarte) are valid in the tariff zone 210 (Halle). In addition, they are valid throughout the MDV area as well as Monday to Friday from 2 pm until 4 am the following day, Saturdays, Sundays and on all public holidays and holiday days (including summer holidays) and on 24th and 31st of December in the MDV area in Saxony/Saxony-Anhalt/Thuringia all day. The SchülerFreizeitTicket is valid from Monday to Friday from 2 p.m. until 4 a.m. the following day, on Saturdays, Sundays and public holidays as well as on holiday days in the MDV area and on 24th December and 31st December all day throughout the MDV network.
A valid student ID or MDV customer card is required for the validity of HAVAG-Schüler-Abonnements (HAVAG pupil subscriptions). 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 reduced fare must be carried at all times and presented without special request in 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 HAVAG-Schüler-Abonnement 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 to obtain a SCHOOL Card. 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
HAVAG’s pupil subscriptions are stored electronically on an UmweltCard (chip card)
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 HAVAG pupil subscriptions are issued on the basis of monthly or annual payment.
In the case of annual payment for the SCHOOL Card an additional discount of EUR 3.00 is granted on the total amount. In the case of a flexible start (with the exception of the SchülerFreizeitTicket) 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 prerequisites apply here.
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. The advance notice for the direct debit (prenotification) shall be sent - in deviation from the statutory regulation - within 2 days before 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 for the Purchase and Use of a HAVAG pupil subscription the Uniform Conditions of Carriage of the MDV, VMS, VVO, VVV and ZVON as well as the tariff regulations of the transport companies of the MDV also apply.
5. Tariff adjustments
Tariff adjustments (such as changes in ticket prices) will become part of the contract.
6. Change to the HAVAG pupil subscription (HAVAG-Schüler-Abonnement)
Changes to the HAVAG pupil subscription are possible from the 1st day of the following calendar month and must be made in text form or performed online in the subscription self-administration sector.
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 HAVAG pupil subscription 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 your 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 aforementioned 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.
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.
He/she must also take all steps to minimise the costs in the event of a loss. A damaged/defective UmweltCard (chip card) can be withheld during the ticket inspection (see Section 8 Paragraph 1 of the uniform transport conditions of the MDV, VMS, VVO, VVV and ZVON) and will be replaced by HAVAG. The subscriber receives a replacement voucher when the UmweltCard (chip card) is with held
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 HAVAG pupil subscription contract
Cancellation of the SchülerFreizeitTicket within the current year is only possible for extraordinary reasons (see list in item 8.1).
The UmweltCard must be returned by the 3rd working day of the following month and intact. 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 or 12 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/year of the agreement or within the first 6 months (SchoolCard, SchoolCard Upgrade) 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
::: in the case of discounted subscriptions: Discontinuation of the entitlement to a reduction8.2 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 violates the uniform conditions of carriage of the MDV,
VMS, VVO, VVV and ZVON,
::: the tariff for HAVAG pupil subscriptions 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 one of the aforementioned 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 accordingly to other receivables due under the contract. Costs incurred in particular due to the fact the account is not sufficiently covered, the closure of the account or due to another reason for which HAVAG is not responsible shall 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 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 HAVAG pupil subscription not being used are not possible. Section 10 of the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON remain unaffected.
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. Privacy
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 serve 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. 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 restriction 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/datenschutz.
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 Uniform Terms of Carriage of MDV, VMS, VVO, VVV and ZVON.
The place of jurisdiction is Halle/Saale.
General terms and conditions for the pupil tickets
valid from 1 August 2022
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Purchase and use of a job ticket (valid from 01.08.2022)
General Terms and Conditions of Business for the Purchase and Use of a HAVAG job ticket in the Central German Transport Network (Mitteldeutscher Verkehrsverbund - MDV)
valid from 01.08.2022
1. Preconditions for a HAVAG job ticket
A prerequisite for the conclusion of a job ticket is that a framework agreement for the use of the job ticket has been concluded with the respective employer of the job ticket user. The job ticket offered is only valid for employees and trainees of this employer. 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 a 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 contract will not take effect until it has been signed by the legal representative. In addition to the job ticket conditions, the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON, as well as the tariff regulations of the transport companies of the MDV also apply.
2. Joint and several liability
If the job ticket user 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 subscription order in connection with the issue of an UmweltCard GOLD and, if applicable, the token on it for the job ticket user or his/her authorised agent.
The contract form must be stamped and signed by the respective employer or, if ordered via the job ticket portal (for authorised companies), completed and approved by the respective employer.
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 subscriber wishes the contract to begin.
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 subscribers are required to submit an official personal identity document with photo and evidence of a current bank account.
The job ticket consists of the UmweltCard GOLD and, if applicable, the token on it. Upon receipt of the UmweltCard GOLD and, if applicable, the token on it, the data must be checked for correctness 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/umweltcard) ). 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.
The UmweltCard GOLD and, if applicable, the token 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 10).
4.Validity of the job ticket
The job ticket entitles the holder to use the public transport services of the partners in the MDV in accordance with the tariff zones stored in the UmweltCard GOLD or, in the case of the AzubiTicket Sachsen-Anhalt, in the entire area of Saxony-Anhalt (see www.mein-takt.de).
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, ABO Azubi Plus und AzubiTicket Sachsen-Anhalt) are transferrable on Mondays to Fridays from 5 pm until 4 am in the morning of the following day and throughout the whole day on Saturdays, Sundays and on all public holidays in Saxony/Saxony-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 additional benefits are regulated in the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON and tariff regulations of the transport companies of the 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):
To ensure the the validity of a Jobticket ABO (subscription) Azubi/ABO (trainee subscription) Azubi Plus (Trainee plus),
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. AzubiTicket Saxony Anhalt
In addition to points 3 and 4, the following provisions govern job tickets for AzubiTicket Sachsen-Anhalt:
For the conclusion of an AzubiTicket Sachsen-Anhalt, the educational institution (name, address) and the training company (name, address) must be entered on the application and proven by means of confirmation with the employer's stamp and signature.
A valid customer card (entitlement card) is also required for the validity of the AzubiTicket Sachsen-Anhalt. This 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. 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.
The AzubiTicket Sachsen-Anhalt is personal and non-transferable. 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. The obligation to notify also applies in the event of a change of residence, place of education or educational institution.
7. Tariff adjustments
The monthly or annual amount is based on the tariffs of the Central German Transport Network (Mitteldeutscher Verkehrsverbund - MDV) for the job ticket products based on the "ABO Basis", "ABO Premium", "ABO Azubi" and the "ABO Azubi Plus" as well as the discount scales agreed in the framework agreement between HAVAG and the employer, which depend on the quantity purchased or the employer subsidy and may change in 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.
The monthly amount for the job ticket AzubiTicket Sachsen-Anhalt can be found in the tariff regulations for the AzubiTicket Sachsen-Anhalt. The job ticket AzubiTicket Sachsen-Anhalt is not discounted. If an employer's allowance is paid, this is also taken into account.
8. Changes to the job ticket
Changes to the job ticket are possible from the 1st day of the calendar month and must be made in text form or performed online in the subscription self-administration sector. Changes to your personal data, such as your last name, address, must be notified to HAVAG in text form without delay. If job ticket users change their name, they must visit a HAVAG SERVICE CENTER in person as the data on the UmweltCard GOLD, as well as the token on it if applicable, 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/umweltcard) 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 the bank account data a new direct 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 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 signed www.mdv.de/umweltcard)
Costs caused because the job ticket user/account holder 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.
9. Loss or damage
The job ticket user must handle the UmweltCard GOLD and, if applicable, the token on it with care. Loss of or any damage 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. The latter must also take all steps which appear appropriate to minimise the costs in the event of a loss of them.
A damaged/defective UmweltCard (chip card) and, if applicable, the token on it
A damaged UmweltCard GOLD and, if applicable, the token on it will only be replaced on presentation of the same 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.
9.1 UmweltCard GOLD
The UmweltCard (chip card) can be reissued
9.2 UmweltCard GOLD and annual token AzubiTicket Sachsen-Anhalt
The UmweltCard GOLD as well as the annual token can be reissued against a handling fee of EUR 15.00. Every further replacement within 24 months is subject to a fee of EUR 20.00. A new UmweltCard GOLD as well as the annual token can be collected from HAVAG by the job ticket user or by a representative person. It can also be sent to the job ticket user on request.
10. 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:
::: in the case of the UmweltCard GOLD, the change of 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 er www.mdv.de/umweltcard)
::: in the case of the UmweltCard GOLD with the AzubiTicket Sachsen-Anhalt annual token, the deposit of the ticket valid for the interruption period with
HAVAG.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 Uniform Terms of Carriage of the MDV, VMS, VVO, VVV and ZVON and the Tariff Provisions of the Transport Companies of MDV.
A job ticket contract cannot end with an interruption during the minimum term of the contract.
11. Terminating the job ticket
The job ticket may be terminated to the end of any month. The date of receipt of the mail is decisive for the notice of termination. Each notice of termination must always be given in text form or can be completed online in the Jobticket self-administration section.
The UmweltCard GOLD and the token on it must be returned by the 3rd working day after expiry and this is a prerequisite for the acceptance of the notice of termination. If the UmweltCard GOLD with the token on it is not returned in due time, the notice of termination shall not take effect.
The UmweltCard (chip card) shall be returned undamaged to one of the specified HAVAG SERVICE CENTERS by the 3rd working day of the following month. If the ticket holder fails to do this,
All outstanding debts will become due for immediate payment and will be debited
Job ticket users are under an obligation to notify their employer that notice of termination has been given.
11.1 Termination by the job ticket user/account holder
11.1.1 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.
11.1.2 Extraordinary 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 an 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. For the months already used, the price of the monthly ticket for the selected tariff zones will be charged in arrears for months already used.
Important reasons where there will be no subsequent charge are where job ticket user:
::: is no longer the company's employees
::: breaks off a training course before it is scheduled to end
::: changes their first workplace
::: moves home to a place outside the area served by MDV (evidence to be supplied through a certificate of registration from the Einwohnermeldeamt).
::: is affected by a change in the routes of relevance for them
::: is affected by a change of tariff due to a change in the scale of discounts
::: dies
::: is unfit for work for a period of at least 6 weeks
::: is not employed for a period of more than 6 weeks, due to maternity leave, parental leave, nursing leave, federal voluntary service, or draws a pension, enters the release phase of a partial retirement scheme or a comparable agreement regulated by a company agreement of the contracting party
If one of these important reasons applies, no subsequent charge will be levied.
In the event of an extraordinary termination of the AzubiTicket Sachsen-Anhalt the additional charge does not apply.
11.2 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.
In such cases, the job ticket user must immediately return the UmweltCard GOLD and the token on it or paper-based subscription HAVAG. In the event of non-return, the user/account holder is obliged to pay the respective monthly amount. The debt will be debited together with the final monthly job ticket payment to become due.
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 and after consultation with the employer or at a customer terminal (overview at er www.mdv.de/umweltcard).
12. Due Date
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.
13. 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 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 11.2).
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).
14. Refunds
Refunds of transport charges due to non-use of the UmweltCard GOLD and, if applicable, the ticket on it is not possible. Section 10 of the uniform conditions of carriage of the MDV, VMS, VVO, VVV and ZVON remain unaffected.
15. 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 judgement or is undisputed.
16. Shipping risk
The shipping risk will generally be borne by the sender. If the job ticket user does not receive the UmweltCard GOLD and, if applicable, the token on it up to 3 working days before the selected start of the contract, the job ticket user is obliged to inform HAVAG of this immediately.
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. Privacy
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 restriction 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 (car sharing 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/datenschutz.
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 Passenger Transport) is subject to Article 16 (3) of the Uniform Terms of Carriage of MDV, VMS, VVO, VVV und ZVON.
The place of jurisdiction is Halle/Saale.
General terms and conditions for the job ticket
valid from 1 August 2022
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Privacy notices for the HAVAG subscription
Privacy notices for the HAVAG subscription
The following information sheet is intended to inform you about the processing of your personal data by Hallesche Verkehrs-AG (HAVAG).
1. Name and contact data of the controller and the data protection officer
Hallesche Verkehrs-AG
Freiimfelder Straße 74, 06112 Halle (Saale)
Tel: (0345) 5 81 - 0
Email: post@havag.com
Hallesche Verkehrs-AG (HAVAG) is part of the Stadtwerke Halle (SWH) Group.
You can contact our data protection officer by post at the address above, adding "Datenschutzbeauftragter" (Data Protection Officer) or by email at: datenschutz@swh.de.
2. Purpose and legal basis of the data processing
Within the scope of concluding a HAVAG subscription and for the further proper processing, HAVAG collects personal data. Failure to provide this data would result in an order/ a change/ an interruption/ a termination not being processed properly. The data processing is basically carried out for the fulfilment of a contract as well as for the implementation of pre-contractual measures. Processing for HAVAG's own direct marketing purposes takes place on the basis of consent (see also: HAVAG-ABO order form). Processing for the purpose of direct advertising (by post) is carried out to protect the legitimate interests of HAVAG. You have the right to object to processing for the purpose of such advertising at any time.
3. Categories of recipients
Recipients of the data are HAVAG departments involved in the fulfilment of the purpose (in particular marketing, sales and customer service). Where applicable, service providers employed by us will receive access to your data if this is necessary to fulfil the aforementioned purposes, or access cannot be excluded, or you have given your prior consent. 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. Your data is generally processed on servers of IT-Consult Halle GmbH, also a company of the SWH Group. In order to make it possible for tickets to be inspected, HAVAG will send the companies of the Mitteldeutscher Verkehrsverbund (MDV, Central German Transport Association) that take part in electronic fare management the following data: e-ticket number, HAVAG identification number, product, validity status, geographic 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.
4. Duration of the data storage and erasure of personal data
We store your personal data for the purposes mentioned above. We will erase it 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 are the data retention obligations under the German Commercial Code (Section 257 of the Handelsgesetzbuch, HGB) and the German Tax Code (Section 147 Abgabenordnung, AO). This means that we will delete your personal data at the latest when the legal retention periods have expired (usually 10 years from the start of the contract plus the duration of the deletion process).
5. Rights of the data subject
You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, they have a right of access to this personal data (Article 15 GDPR).
Moreover, you have the right to demand that we correct any inaccurate personal data relating to you and, if necessary, complete any incomplete personal data without delay (Article 16 GDPR).
You have the right to demand that we delete personal data relating to you without delay, provided that one of the reasons listed in Article 17 of the GDPR applies, e.g. if the data is no longer required for the purposes pursued (right to erasure). You also have the right to demand that we restrict processing if one of the conditions listed in Article 18 of the GDPR applies.
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you. We will then no longer process the data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, or the processing serves to assert, exercise or defend legal claims (Article 21 GDPR).
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of personal data concerning you violates the GDPR (Article 77 GDPR). You may exercise this right before a supervisory authority in the Member State of your residence, place of work or the place of the alleged infringement. In Saxony-Anhalt, the competent supervisory authority is the Saxony-Anhalt State Commissioner for Data Protection, Leiterstraße 9, 39104 Magdeburg.
Privacy notices for the HAVAG subscription to inform you about the processing of your personal data by Hallesche Verkehrs-AG (HAVAG), date: November 2020