General contractual terms and conditions of use for FAIRTIQ LUFTLINIE (FAIRTIQ SHORTEST DISTANCE APP)
General contractual terms and conditions of use for pilot customers of the eTariff pilot project in tariff zone 210 (Halle
The following General Terms and Conditions of Contract and Use (hereinafter called "GTC") apply to all business relations between the pilot customer of the eTariff Pilot 210 Halle and Hallesche Verkehrs AG (hereinafter called "HAVAG") within the framework of the eTariff pilot project (hereinafter called "eTariff Pilot"). As a prerequisite for participation in the eTariff Pilot,
a separate contract of use must be concluded between the pilot customer and FAIRTIQ AG as operator of the FTQ Lab app (hereinafter called "FAIRTIQ").
HAVAG is conducting this project as part of the STADTLand+ subsidy project in Zone 210 Halle, which serves to expand electronic sales at HAVAG. At the same time, this pilot is also intended to test the applicability to the entire Mitteldeutscher Verkehrsverbund (Central German Transport Association) (hereinafter called "MDV").
The eTariff pilot project is an attempt not to divide tickets and their prices into fixed tariff zones, but to adjust the prices individually and dynamically to the passenger and the distance actually travelled. Two project partners are collaborating on this: HAVAG and FAIRTIQ (hereinafter called the "project partners"). The main common goals of the pilot project with its product development character are above all the testing of a technology for the recording of travel data as a mandatory basis for downstream pricing after the journey (technical component), the development of an electronic fare for ex-post fare calculation (tariff component) as well as market research and data analysis that accompanies the project to record the levels of customer acceptance and improved comprehensibility of the results of the pilot project. The eTariff Pilot runs until December 2024. Through the FTQ Lab application of FAIRTIQ ("FTQ Lab app") to be used as part of their participation in the eTariff Pilot, the pilot customer is given the exclusive opportunity to benefit from possible fare advantages in this regard and to actively shape the future of the eTariff in HAVAG and later in MDV and to participate in competitions and prize draws (see Part A).
With regard to the scope of services of the FTQ Lab App, a separate usage agreement shall be concluded with FAIRTIQ. Via the FTQ Lab app, the pilot customer can purchase electronic travel authorisations to use public transport in Zone 210 Halle (see Part B). The General Conditions of Carriage, Tariff Regulations and Fares of the MDV or the conditions for the eTariff Pilot at HAVAG apply.
The findings from the FTQ Lab app usage and the online surveys will be evaluated as part of an analysis in order to develop a user-friendly and thus future-proof electronic travel authorisation concept. Due to the product development, data analysis is a mandatory component of the eTariff pilot (see Part C).
A. General provisions
Section 1 Subject of performance
By accepting these GTC, a pilot customer contract is concluded between HAVAG and the respective pilot customer.
HAVAG offers participation in the eTariff Pilot. Within the scope of this participation, the pilot customer has to acquire separate travel authorisations in order to be transported. As with every MDV ticket, the respective transport contract is concluded with the transport company providing the transport. In addition, a pilot customer must register with FAIRTIQ to use the FTQ Lab app for the purpose of participating in the eTariff Pilot. The separate usage contract for the FTQ Lab app is concluded with FAIRTIQ.
Within the framework of this eTariff Pilot, the project partners analyse certain personal and non-personal data which are also processed beyond the pilot period. Personal data will be anonymised at the earliest possible time (at the latest when the pilot project ends). Services under the eTariff Pilot include:
a. the operation of the website https://www.havag.com/ (Portal website for the eTariff Pilot),
b. the registration for the eTariff Pilot (via www.havag.com /fairtiq-airline),
c. the registration for the FTQ Lab-App (via the FTQ Lab-App),
d. the evaluation of the transport of customers and the dynamic pricing,
f. pilot customer contact and
g. certain control processes (ticket control).
For the purposes of the analysis described above, which is an essential part of the pilot project and which can only be successful at all through it, HAVAG will contact the pilot customer in connection with the pilot project for corresponding surveys (see Section 12 below).
The pilot test serves in particular to test a technology for the collection of travel data as a compulsory basis for ex-post journey pricing (technical component), the development of an electronic fare for ex-post fare calculation (tariff component) as well as for a market and data analysis that accompanies the project and product development. The control processes are used to check whether people are authorised to travel.
Section 2 Registration for the eTariff Pilot
The prerequisite for participation is that the pilot customer is at least 18 years old, has a smartphone (at least the operating system Android 5.0 (Google) or higher without "rooting" or at least iOS 10.0 (Apple) or higher without "jailbreak" as well as an activated and functioning SIM card that guarantees the reception of mobile data when accessing a mobile phone network.
Registration is only possible if the designated quota has not yet been exhausted. If the quota has been exhausted, the pilot customer can move up via a waiting list if the number of participants falls below the threshold of the fixed quota at a later date. There is no entitlement to registration.
The registration is successful when the pilot customer receives a confirmation by email. The email contains an activation code that is required to use the FTQ Lab app (see Part B. Integrating the FTQ Lab app). The pilot customer is expressly prohibited from passing on the registration data and the activation code.
(5) The pilot customer must ensure the accuracy of his/her data. If the pilot customer does not comply with this assurance, HAVAG is entitled to charge the pilot customer for the additional expenditure incurred by it as a result. HAVAG is still entitled to terminate the pilot customer contract or to block the services.
Section 3 Competitions and prize draws
As part of the eTariff pilot, the pilot customer is given the exclusive opportunity to take part in competitions and prize draws. More details on this, in particular on the respective conditions of participation and procedures, will be published separately at the appropriate place at the end of the online survey (see Part D. Market and Data Analysis).
Section 4 Duration of the eTariff pilot project; blocking
The Pilot Customer Contract shall be concluded up to and including December 2024 ("Pilot Period").
Either party may terminate the Pilot Customer Contract and the App Usage Agreement in their entirety immediately at any time without stating any reasons for this via the termination function, accessible via the link in the registration email or in the FTQ Lab app. Clicking the "Leave FAIRTIQ Lab" button in the FTQ Lab app does not constitute a termination of the agreement.
The pilot customer undertakes to uninstall, delete and no longer use all programmes and data provided via the pilot project immediately following the termination of the Pilot Customer Contract.
The pilot customer's access to the FTQ Lab app will also be blocked immediately if the pilot customer has defaulted on payment for electronic travel authorisations. The block will be lifted when the outstanding amounts have been settled and a valid means of payment has been deposited. In the event of a block being imposed, the customer's obligation to pay the costs for past journeys that have not yet been paid remains.
Section 5 Liability
HAVAG is liable without limitation for damages to the pilot customer only insofar as these can be attributed to intentional or grossly negligent conduct on the part of HAVAG. In the event of slightly negligent breaches of a duty, HAVAG shall only be liable in the event of a breach of one of its essential contractual duties (cardinal duty). In this case, HAVAG's liability is limited to the direct damage to the customer that is typical for the contract and foreseeable at the time the contract was concluded. This also applies to breaches of duties by legal representatives and/or vicarious agents of HAVAG. Liability for culpable injury to life, limb or health shall remain unaffected by this limitation of liability.
The limitation of liability in paragraph 1 shall also apply mutatis mutandis in favour of HAVAG's employees and vicarious agents.
HAVAG expressly points out that the contractual partner of the actual transport contract is the transport company whose vehicle the pilot customer uses in each case. Transport is provided exclusively in accordance with the General Conditions of Carriage, Tariff Regulations and Fares of the MDV or the Conditions for the eTariff Pilot in Zone 210 Halle. Accordingly, any warranty and/or liability on the part of HAVAG due to any damage, complaints or claims by the pilot customer with regard to the services received under the transport contract with another transport operator shall be excluded. In these cases, the pilot customer must contact the transport operator directly.
HAVAG does not guarantee that the FTQ Lab app will function permanently, uninterruptedly and without disruption. The contractual relationship between the pilot customer and FAIRTIQ is relevant for this purpose. An interruption or malfunction of the FTQ Lab app may result in the temporary impracticability of acquiring the electronic travel permit. There is no claim for compensation against HAVAG for damages resulting from such unavailability of the app. The pilot customer must satisfy himself/herself of the validity of his/her travel permit before commencing the journey; in case of doubt, a ticket must be purchased via other distribution channels.
Claims for liability under mandatory national law shall remain unaffected.
These rules shall apply without prejudice to the general rules on the liability of transport companies in the context of transport.
B. Integration of the FTQ Lab application
Section 6 Requirements for participation
Following successful registration according to Section 2, the pilot customer must independently download and install the free FTQ Lab app via Google Play or the Apple App Store. In this case, a separate usage agreement must be concluded between the pilot customer and FAIRTIQ for the pilot project. FAIRTIQ is the operator of the FTQ Lab app. After entering the activation code in the FTQ Lab app, registration takes place there by entering further data, in particular the first and last name, date of birth, email address, mobile phone number and means of payment of the pilot customer. The data provided must match the registration data on the website www.havag.com /fairtiq-airline.
The GENERAL TERMS AND CONDITIONS (GTC) for the purchase and use of the FTQ Lab app and electronic tickets in connection with the HAVAG Luftlinie pilot project apply to the integration and use of the FAIRTIQ app (FTQ Lab).
C. Market and Data Analysis
Section 7 Goals of the market and data analysis
In the eTariff Pilot, a new technology for the recording of travel data (technical component) and the development of an electronic fare for ex-post fare calculation (tariff component) will be tested. In addition, accompanying customer monitoring, data management (data analysis and statistics) and the guarantee of data protection, among other things, are important components that must be examined more closely in the eTariff Pilot project with regard to future electronic travel permit offers (“Goals“). To this end, HAVAG, together with the cooperation partners and the third parties commissioned for this purpose, will evaluate the data collected in the eTariff Pilot as part of the market and data analysis, as well as the product development.
Section 8 General and Scope
Section 9 Market Analysis Sequence
The pilot customer is addressed by HAVAG and FAIRTIQ via email and the FTQ Lab app.
The pilot customer receives an individual survey link via the aforementioned media, with the aid of which he/she can participate in the market research.
The data from the pilot customer is collected via an online market research website.
The protection of the pilot customer’s personal data takes top priority during the implementation of the eTariff Pilot. Detailed information concerning on the handling of their personal data can be found . Frequently asked questions are also answered in .
E. Final provisions
These GTC and the General Conditions of Carriage, Tariff Regulations and Fares of the MDV Tariff apply for the pilot period. The area of application comprises Zone 210 Halle. It is not possible to purchase any other tariff products via the FTQ Lab app other than the eTariff offered in the eTariff Pilot.
HAVAG is entitled to amend the GTC at any time, subject to a reasonable notification period. Notification shall be issued by sending the new GTC to the email address provided by the customer during registration. If the customer does not agree to these new GTC, HAVAG shall have a special right of termination.
General terms of conditions that differ, contradict or supplement these, even if HAVAG is aware of them, shall not form part of the contract, unless HAVAG has expressly consented to the fact they apply in writing.
The law of the Federal Republic of Germany shall apply. The place of jurisdiction shall be Halle (Saale), insofar as this is legally permissible.
If individual provision of these GTC should be or become entirely or partially invalid the validity of the remaining provisions shall not be affected by this. The entirely or partly invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision in a legally permissible manner. This also applies to the filling in of potential contractual loopholes.