GENERAL TERMS AND CONDITIONS (GTCs)
For the booking platform and the EasyShuttle app
1.
Object
CeBus GmbH & Co. KG (hereinafter referred to as "CeBus") operates a booking platform under the product name "EasyShuttle" for on-demand surface transport with motor vehicles (hereinafter referred to as on-demand transport). The corresponding transport service is provided by CeBus or by third parties commissioned by CeBus. On-demand transport is integrated into the CeBus tariff regulations in terms of transport and tariffs.
These Terms of Use apply to all legal relationships in connection with the provision and use of the booking platform. The on-demand transport services booked via the booking platform are subject to the CeBus fare conditions. In addition, a comfort surcharge is levied. The current version of the fare regulations can be found at www.cebus-celle.de to view.
2.
Registration
In order to use the booking platform for on-demand transport, the EasyShuttle application ("App") offered by CeBus for download free of charge from the Google Play Store and the Apple Store must first be installed on a mobile device and a one-off registration as a user (creation of a customer account) must be carried out. The person using the app (hereinafter referred to as "user" for m-w-d) enters their first and last name and the mobile phone number they use. An e-mail address can also be entered. Furthermore, the terms of use for the booking platform must be agreed to.
3.
Booking journeys for on-demand transport
Booking via the app
After initial registration (see § 2), the user is authorised to make journey requests and book them. Non-binding journey requests can now be made via the app, stating the desired departure and destination points and the desired departure or arrival time.
Alternatively, the user can authorise the use of their own location data (geolocation) in the app, which is then automatically suggested as the starting point for journey requests. This suggestion can be overwritten at any time. Once authorised, the use of location questions can also be switched off in the app at any time. After entering and confirming the desired journey data, the background system of the booking platform will make a specific journey suggestion, taking into account the currently available seat capacities, stating the following parameters and displaying it to the user:
- Estimated pick-up time
- Estimated time of arrival (time slot)
- Estimated journey time
- Estimated route
- Route from the location to the pick-up point (visualised on a map)
- Route from pick-up point to arrival point (route visualised on a map)
- Route from the point of arrival to the destination (visualised on a map)
- Period of validity of the offer
Fare
This journey suggestion can be confirmed by the user within a displayed time period using a selection button. In this case, the journey suggestion becomes a binding booking for the journey and the four-digit authorisation code for this journey is displayed via the app. If the journey suggestion displayed via the app is not accepted within 30 seconds, the journey suggestion expires without any costs being incurred. The user can also actively cancel a journey suggestion free of charge within the 30-second period. However, a journey suggestion is only generated and displayed if the departure or arrival time predicted via the booking platform is no more than 20 minutes away from the desired departure or arrival time. If this is not possible depending on the current booking situation, this will be displayed via the app.
Booking by telephone
Passengers who do not have a suitable terminal device are offered the option of booking by telephone. In this case, the actual booking process in the EasyShuttle system is carried out by the booking hotline staff. Without the use of the app, features such as real-time tracking of the EasyShuttle or notification of any delays are not available.
4.
Contract of carriage and fare
No costs/fees are charged for downloading or using the app. The user shall bear the connection costs arising from the use of the app.
Upon confirmation of the journey proposal submitted by the booking platform, a contract of carriage is concluded between the user and Cebus for the transport service in accordance with the previous booking. The successful conclusion of the contract of carriage is indicated by the four-digit authorisation code for the journey. The user owes CeBus the fare specified at the time of booking. The fare is made up of the relation-related connection price in accordance with the CeBus tariff and a comfort surcharge applicable to the on-demand lines.
Frequent travellers can purchase a discounted weekly or monthly ticket for the comfort supplement.
Passengers who have a CeBus ticket that is valid for on-demand transport in terms of time and place can enter this in the passenger settings of the app when booking. Only the comfort surcharge applicable to on-demand transport will then be paid.
When boarding the vehicle, all passengers must present the authorisation code (verbally or visually) and, if a CeBus ticket is used, show the original ticket. Both must be presented without being asked. Passengers are authorised to look at and touch the ticket for a detailed inspection. The passenger is obliged to hand over the ticket for the inspection process. The mobile device must be carried at all times during the journey and must be presented to the transport company's driving personnel and inspection staff on request. In the event of technical failures, malfunctions or an empty battery, which mean that proof of the authorisation code cannot be provided during a check, this will be considered invalid. Please note that only the authorisation code displayed in the app is recognised as valid: Screenshots, screen videos or similar proof, even of valid tickets, do not authorise the use of transport services.
Transport of severely disabled passengers
Severely disabled passes with a valid token are recognised for on-demand transport. Only the comfort surcharge applicable to on-demand transport is then paid.
5.
Payment
CeBus uses the financial company LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter also referred to as "LogPay") to process the e-payment service. The collection of the payment claim for the purchased tickets is carried out by LogPay, to which CeBus has sold and assigned all payment claims including any ancillary claims and fees (notice of assignment). LogPay is a third-party beneficiary of the following provisions. It is also authorised to collect the receivables in its own name and for its own account.
In addition to the conditions described above, the following regulations apply to the payment of the booked ticket. All payment methods are only available to persons over the age of 18 with full legal capacity. Prepay methods are also available to minors with limited legal capacity aged 7 and over.
Booking via the app
Payment for journeys booked via the app is made exclusively electronically via the app.
Payment methods and billing
When booking journeys in the app, you can choose between the following payment methods:
- Billing via the SEPA direct debit scheme
- Billing via credit card (Visa, MasterCard, American Express)
- Payment via PayPal
- Prepayment (credit account)
Other payment methods are excluded. The user is not entitled to a specific payment method. The collection of the claim via SEPA direct debit or credit card is usually carried out by LogPay within the next five bank working days after the purchase of the ticket. The debiting of the account or credit card depends on the processing of the user's payment service provider. The overview of the ticket purchases made (hereinafter also referred to as "sales overview") contains individual proof of purchase and can only be viewed and retrieved electronically by e-mail or via the app and only by the registered person.
The user can also pay with cash.
Payment by SEPA direct debit
If the SEPA direct debit procedure is selected, the user's personal data (first name, surname, address, date of birth and email address) and an account details within the European Union are required for the clear allocation of a payment for a purchased ticket. If this payment method is selected, the user authorises LogPay to collect payments from their specified account by SEPA direct debit with their consent to these terms of use. At the same time, the user instructs their payment service provider to honour the direct debits drawn on their account by LogPay. The user is informed that he/she may demand reimbursement of the debited amount within eight weeks of the debit date. The conditions agreed with his payment service provider shall apply. In the event that the user is not the account holder of the specified account, the user shall ensure that the account holder's consent for the SEPA direct debit has been obtained.
The user undertakes to provide all account details required for participation in the SEPA Direct Debit Scheme (in particular account holder and International Bank Account Number (IBAN)) and to enter them in the app. In the SEPA Direct Debit Scheme, LogPay will send the user a pre-notification of the collection date and amount. The user receives the prenotification at least two days before the claim is collected. The prenotification is sent electronically with the order confirmation to the e-mail address provided.
The user must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit is returned by the payer without authorisation or if the collection of the claim from the payer's payment service provider fails for reasons for which the payer is responsible - in particular due to insufficient funds, incorrect or invalid account details or objection - the payer is obliged to ensure that sufficient funds are available or that the reason for the payment disruption is rectified so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for default.
By agreeing to these Terms and Conditions of Use, the user waives the right to obtain a written SEPA direct debit mandate. The waiver is declared by the user to his payment service provider, the creditor's payment service provider and the creditor. The user agrees to the waiver being passed on to the aforementioned parties. If the waiver is cancelled or becomes invalid, the user is obliged to submit a written mandate immediately. To do so, it is sufficient to send an e-mail to sepa@logpay.de requesting the SEPA direct debit mandate form. The user will then receive the SEPA direct debit mandate form, which must be completed in full, signed and returned to LogPay by post. If the user is not the account holder, they are obliged to forward the mandate reference number to the account holder.
Payment by credit card
Purchased tickets can only be billed by credit card using Visa or MasterCard. Other credit card types are not accepted. During the ordering process, the following credit card details of the user are recorded
- Surname and first name of the credit card holder
- Credit card type (Visa, MasterCard)
- Credit card number
- Credit card expiry date
- CVC code of the credit card
and transferred to the LogPay server for debt collection. LogPay's system checks the credit card details provided by the user for accuracy and any blocking notices issued by the respective credit card issuer. In the event that the user is not the holder of the credit card provided, the user must ensure that the cardholder has authorised the debit. In addition, the user must ensure that the specified credit card is not blocked and has a sufficient limit. If the authorisation fails for any reason, the user will receive a corresponding error message.
The time at which the amount is debited from the account is determined by the respective credit card agreement between the user and their payment service provider. If the payment service provider supports the "3D Secure procedure" (Verified by Visa / MasterCard® SecureCode™), this is used to increase security against misuse for payment by credit card. If the payment service provider does not support the 3D Secure procedure or does not consider it necessary to carry out the 3D Secure procedure, the check will not be carried out.
The user must ensure that the claim can be collected via the credit card. If the user unjustifiably initiates a charge back (return of the amount) or if the collection of the claim fails for reasons for which the user is responsible, the user is obliged to ensure that sufficient funds are available or that the reason for the payment disruption is rectified so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for default.
Payment via PayPal
To pay with PayPal, the user selects "PayPal" as the payment method. The user is redirected to the PayPal page where the required data is entered. As a non-registered person, the payment must be confirmed. As a registered person, the user concludes a billing agreement with LogPay, under which the user's PayPal account is debited with the receivables due. The purchase offer of the non-registered or registered person can only be accepted if the PayPal account is successfully debited. The user will receive either a confirmation or a rejection.
It is also possible to buy credit packages of 5, 10 or 20 euros via the app and pay with the stored payment method. You can also pay for the credit packages in advance by bank transfer. Please transfer the desired amount to the following account:
Account holder: CeBus GmbH & Co. KG
Bank: Sparkasse Celle-Gifhorn-Wolfsburg
IBAN: DE84 2695 1311 0000 1809 35
BIC: NOLADE21GFW
Purpose: "EasyShuttle" + your name
CeBus is free to offer other payment methods. In this case, all users will be informed of the new payment methods and the applicable conditions.
Booking by telephone
The user making the booking by telephone can make the payment in the following way:
- Cash payment when boarding the EasyShuttle.
- Utilisation of credit balance
6.
Distribution channels
For journeys with the EasyShuttle, the current version of the CeBus fare regulations apply. In addition, the following applies:
Comfort surcharge
For journeys with the EasyShuttle, a comfort surcharge is payable in addition to the CeBus fare. The valid fare is therefore made up of the CeBus fare for the respective route and the comfort supplement. The comfort supplement is generally payable per person and journey.
EasyShuttle app distribution channel
When using the EasyShuttle app, the terms of use for the EasyShuttle app must be observed. The following tickets can be purchased via the EasyShuttle app:
- Comfort surcharge for CeBus bar tariff tickets and CeBus season tickets
- CeBus fare tickets with start and destination within the EasyShuttle service area
- Comfort supplement monthly pass
- Comfort supplement weekly ticket
Tickets purchased via the EasyShuttle app sales channel are provided exclusively as e-tickets for smartphones.
Deactivation of customer accounts
In the event of misuse of the customer account used by the person using the EasyShuttle app, Cebus may temporarily or permanently deactivate the customer account. This occurs in particular in the event of repeated or individual serious violations of the CeBus fare and transport conditions and the terms of use of the EasyShuttle app.
7.
Non-execution of a booking/cancellation of a booking
All journey bookings made via the booking platform can be cancelled by the user at any time via the app. Cancellations by the user are free of charge. If the user does not appear at the pick-up location at the specified departure time, the ticket purchased via the booking platform will not be refunded.
All journey bookings made via the booking platform can also be cancelled by CeBus at any time. This may be the case, for example, in the event of a technical defect, accident or serious traffic obstructions due to traffic jams or weather conditions. In this case, the user will not be charged any costs. Payments already made for tickets and/or the comfort supplement will be refunded.
In order to ensure the highest possible availability of the service, CeBus expressly reserves the right to exclude persons who repeatedly fail to appear at the pick-up location at the departure time specified in the app from using the booking platform, at least temporarily.
8.
Cancellation of the customer account
The user can delete the customer account set up with the registration at any time by clicking on the corresponding button under the account information. Alternatively, the cancellation can also be made by sending a declaration in text form by e-mail to info@mein-easyshuttle.de take place.
9.
Changes to the app, service and terms of use
CeBus is authorised to modify the booking platform, the app or the service in any form at its own discretion, even without the user's consent, in particular with regard to the further development, improvement or troubleshooting of the app and service.
CeBus is also entitled to stop offering the app at any time and to discontinue the service, including transport, in whole or in part; a cancellation notice to the customer is not required for this. CeBus shall inform users of this in text form.
10.
Liability
The liability of CeBus in connection with the provision and use of the EasyShuttle service, including access to the applications, websites and content provided for this purpose, with the exception of liability for injury to life, limb or health of the customer, is limited to intent and gross negligence on the part of CeBus or its legal representatives or vicarious agents, insofar as damages are not covered by insurance policies taken out. This shall not affect the liability of CeBus in the event of a breach of material contractual obligations or any liability of CeBus under the Product Liability Act.
If CeBus has made deviating liability provisions in its General and/or Special Conditions of Carriage or Terms of Use, these shall apply.
11.
Data protection
Information on data protection can be found in the privacy policy for this app. Contact details of the data protection officer:
- CeBus GmbH & Co. KG | Data Protection Officer | Nienburger Straße 50, 29225 Celle
- datenschutz@cebus-celle.de
12.
Final provisions
German law shall apply. There are no verbal collateral agreements. The legal invalidity of individual parts and provisions of these terms of use shall not affect the validity of the remaining provisions.
CeBus is authorised to amend these Terms of Use at any time. CeBus shall inform the customer of this by means of the app. Continued use of the booking platform is linked to the user's agreement to the amended terms of use.
Celle is agreed as the place of jurisdiction for all disputes arising from or in connection with the operation of the on-demand lines.