§ 1 Operator of the HeinerLiner, Basis of the Contract
(1) HEAG mobilo GmbH, Klappacher Str. 172, 64285 Darmstadt ("HEAG mobilo"), operates an on-demand transport service with electrically powered minibuses ("HeinerLiner") to expand its mobility services. In this context, HEAG mobilo is the sole contractual partner of the user of this service ("customer" or "you").
(2) The HeinerLiner's service area is limited to the area of the city of Darmstadt. Journeys can only be made between the displayed virtual stops and within the specified service times.
(3) The use of HeinerLiner is exclusively based on these General Terms and Conditions. Insofar as no provisions are made in these General Terms and Conditions of the HeinerLiner on-demand service, the following supplementary provisions shall apply. Special Conditions of Carriage and Tariff Regulations for On-Demand Transport in the Rhine-Main Transport Network. Insofar as there are no regulations there either, the following supplementary regulations shall apply. Common Conditions of Carriage of the Rhein-Main-Verkehrsverbund and the general Tariff regulations of the Rhine-Main Transport Association.
§ 2 Booking options, registration for telephone use
(1) Use of the HeinerLiner is only possible upon prior order by the Customer. This is done either by telephone order after prior registration of the Customer or via the HeinerLiner app ("App").
(2) Booking the HeinerLiner by telephone is only possible after prior registration and the creation of a user account at the HEAG mobilo Customer Centre (Luisenplatz 6, 64283 Darmstadt). This also requires the deposit of sufficient credit.
§ 3 Installation of the app, termination of the app usage contract
(1) HEAG mobilo offers the app free of charge in the Apple App Store and the Google Play Store. The customer can download the app there. The costs for the download and the installations are borne by the customer.
(2) The usage contract via the app can be terminated by the customer at any time. HEAG mobilo may terminate the usage contract with two weeks' notice. Any termination must be in text form (e.g. by e-mail).
§ 4 Registration, user account
(2) The customer is responsible for the correctness and completeness of the information provided in his user account. The customer is responsible for all bookings made via his/her user account and is liable for any culpably caused damage incurred by HEAG mobilo due to incorrect information or unauthorised use of the user account.
(3) The customer shall inform HEAG mobilo without delay as soon as misuse of the user account occurs or is seriously to be feared. This can be done by e-mail to email@example.com or by telephone (call 06151 709-4000).
(4) HEAG mobilo reserves the right to block the user account without notice in the event of justified suspicion of a breach of one of the obligations set out in paragraphs 1-3 (e.g. giving a false name). It will then write to the customer using the contact details provided and request a statement. If the Customer does not respond within a reasonable period of time (two weeks) or cannot dispel the suspicion of false information, HEAG mobilo reserves the right to terminate the user account and, in the event of repeated violations, to permanently exclude the Customer from using the HeinerLiner.
§ 5 Booking, contract of carriage, cancellation, exclusion of the right of withdrawal
(1) To book the HeinerLiner, the customer first enters their desired starting point and destination in the app. Slight deviations are possible. The customer can correct input errors (e.g. incorrect start or destination location or time) before booking. The customer then receives the estimated start and journey time as well as the fare. This information does not yet constitute an offer, but is merely a non-binding invitation to the customer to submit an offer.
(2) By making a booking, the customer submits a binding offer to conclude the contract of carriage. HEAG mobilo accepts this offer by sending the booking confirmation. The customer's booking constitutes an effective contract of carriage for which a charge is made.
(3) Changes to the destination are no longer possible after the start of the journey.
(4) The Customer is advised that there is no statutory right of revocation for booked HeinerLiner trips (§ 312 paragraph 2 no. 5 BGB).
§ 6 Tariffs, booking for fellow passengers
(1) The amount of the fare as well as possible reductions of the fare can be found in the HeinerLiner fare information.
(2) The customer may specify up to six additional persons ("passengers") per booking, subject to availability. In such cases, the customer shall pay the fare for all passengers. The customer must inform the passengers of the validity of these General Terms and Conditions in such a way that they have the opportunity to become aware of them. If HEAG mobilo asserts claims against passengers, the customer is obliged to inform HEAG mobilo of the name and address of the passengers.
For a detailed overview of the fare and further discounts click here.
§ 7 Payment processing, payment service provider
(1) Payment for the HeinerLiner shall only be made after the journey has been completed. The Customer has the option of using the payment methods stored in the app ("e-payment service"). Alternatively, payment can be made by crediting the Customer's user account. This can be done by purchasing vouchers or topping up credit at the HEAG mobilo customer centre.
(2) If the Customer uses the payment methods stored in the app, HEAG mobilo shall use the financial company LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn ("LogPay") to process HeinerLiner journeys.
(3) The collection of the fee claim is carried out by LogPay, to which all of these fee claims including any ancillary claims and fees have been sold and assigned (notice of assignment). LogPay is a third party beneficiary of the following provisions. It is authorised to carry out the collection of the claim in its own name and for its own account.
(4) In order to be able to use the e-Payment Service, the Customer must truthfully and completely deposit the following data in the App:
- Name and full address
- Date of birth
- E-mail address
- required method of payment
- Account details with IBAN (in case of SEPA Direct Debit Scheme)
- Credit card details (in case of credit card payment)
(5) All payment methods are available without restriction only to persons of full legal capacity over the age of 18. Prepay methods are also available to minors of limited legal capacity from the age of 7. However, minors with limited legal capacity can also use the other payment methods if and insofar as this use is made with the consent of the legal guardian(s). When specifying the payment method, the minor assures that he/she has the necessary consent of his/her legal guardian(s).
(6) For orders within the framework of the e-payment service, the customer can choose between the payment methods settlement via the SEPA direct debit procedure, settlement via credit card (Visa or MasterCard) or payment via PayPal. Other payment methods are excluded. The customer is not entitled to use a specific payment method.
(7) The collection of the receivable via SEPA direct debit or credit card is usually carried out by LogPay within the next five (5) banking days after the purchase of the ticket. The overview of ticket purchases made (hereinafter also referred to as "sales overview") contains itemised receipts and can only be viewed and accessed electronically via the Customer's user account in the HeinerLiner app.
(8) If the SEPA direct debit method is selected, personal data of the customer (first name, last name, address, date of birth and e-mail address) and an account connection within the European Union are required for the clear allocation of a payment for a purchased ticket. When selecting this payment method, the customer authorises LogPay, with agreement to these General Terms and Conditions, to collect payments from his specified account by means of a SEPA direct debit. At the same time, he instructs his payment service provider to honour the direct debits drawn on his account by LogPay. The customer is informed that he can demand a refund of the debited amount within eight weeks, starting with the debit date. The conditions agreed with his payment service provider shall apply. In the event that the customer is not the account holder of the specified account, the customer shall ensure that the consent of the account holder for the SE-PA direct debit has been obtained.
(9) The Customer 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 form provided for this purpose in the HeinerLiner App. In the SEPA Direct Debit Scheme, the Customer will receive an advance notification (prenotification) by LogPay about the collection date and amount. The customer will receive the prenotification at least two (2) days before the collection of the debt. The prenotification will be sent electronically with the order confirmation to the email address provided.
(10) The customer shall 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 justification or if the collection of the debt 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 data or objection - the payer is obligated to provide sufficient funds or to remedy the reason for the payment failure 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.
(11) By agreeing to these General Terms and Conditions, the customer waives the right to obtain a written SEPA Direct Debit Mandate. The waiver shall be declared by the customer to the customer's payment service provider, the creditor's payment service provider and the creditor. The customer agrees to the disclosure of the waiver to the aforementioned parties. In the event that the waiver ceases to apply or becomes invalid, the customer is obliged to submit a written mandate without delay. For this purpose, an e-mail to firstname.lastname@example.org with the request to send the SEPA direct debit mandate form shall suffice. The customer will then receive the form for the SEPA direct debit mandate, which he must complete in full and return to Log-Pay by post with his own signature. If the customer is not the account holder, he is obliged to forward the mandate reference number to the account holder.
(12) The settlement of the purchased tickets via the Credit card procedure is only possible with Visa and MasterCard. Other credit card types are not accepted. During the order process, the following credit card details of the customer are recorded and transferred to the LogPay server for debt collection:
- Surname and first name of the credit card holder
- Credit card type (Visa or MasterCard)
- Credit card number
- Credit card expiry date
- Credit card CVC code
(13) LogPay's system checks the credit card data provided by the Customer for correctness and, if applicable, existing blocking notes of the respective credit card issuer. In the event that the Customer is not the holder of the credit card provided, the Customer shall ensure that the cardholder's consent for the charge has been obtained. The customer shall also ensure that the credit card specified is not blocked and has a sufficient limit. If the authorisation fails for any reason, the customer will receive a corresponding error message.
(14) The time of the debit from the customer's account is determined by the respective credit card contract of the customer with his payment service provider.
(15) If the Customer's payment service provider supports the "3D Secure procedure" (Verified by Visa / MasterCard® SecureCode™), this shall be used to increase security against misuse for payment by credit card. If the Customer's payment service provider does not support the 3D Secure procedure or does not consider the implementation of the 3D Secure procedure to be necessary, the verification shall not take place.
(16) The customer shall ensure that the claim can be collected via the credit card. If the customer unjustifiably initiates a charge back (return of the amount) or if the collection of the debt fails for reasons for which he is responsible, he is obliged to ensure sufficient cover or to remedy the reason for the payment disruption so that, in addition to the outstanding amount, the accrued third-party fees of the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for default.
(17) In order to be able to PayPal to pay, the customer selects PayPal as the payment method. He is then directed to the PayPal page where he enters the required data. As a non-registered customer he confirms the payment. As a registered customer, the customer concludes a billing agreement with LogPay, under which the customer's PayPal account is debited with the due receivables. The purchase offer of the non-registered or registered customer can only be accepted if the debiting of his PayPal account is carried out successfully. The customer will receive either a confirmation or rejection. If the amount of the claim is not fixed before the start of the journey, an amount of maximum 250 Euros will be authorised. As soon as the amount of the claim due has been determined, the PayPal account will be debited with the amount of the claim due and the authorised amount will expire. The customer's purchase offer can only be accepted if the authorisation is successful.
(18) The Customer undertakes to immediately change changes to the data essential for the payment processing (in particular address and payment method) in his user account. If the customer does not comply with his duty to inform, LogPay is entitled to charge the customer with the resulting additional expenses.
(19) In the event of payment processing difficulties or arrears, HEAG mobilo expressly reserves the right to block individual payment methods or the customer's entire user account until the outstanding amounts have been cleared.
§ 8 Use by minors, duty of supervision, proof of age, child seats
(1) The use of the HeinerLiner is also available to minors. This is done either by a customer booking a journey as a parent or with the consent of the parent(s) for the minor.
(2) Alternatively, the minor may book a ride himself/herself, provided that he/she has reached the age of 14 and is acting with the consent of his/her legal guardian(s).
(3) Before the age of 6, minors may only be transported in the company of a suitable adult supervisor. Thereafter, a minor may also be transported unaccompanied if the minor has reached a sufficient degree of maturity according to his or her level of development and the legal guardian(s) have given their consent. The parent or guardians remain responsible for the supervision of the minor in these cases. HEAG mobilo explicitly excludes any duty of supervision by the HeinerLiner driving personnel.
(4) HEAG mobilo reserves the right, in particular when claiming a reduced children's fare, to check the age of the person being transported either itself or through the HeinerLiner driving personnel by presenting suitable identification documents (e.g. student or child ID).
(5) The consent to the booking or carriage of the minor without an accompanying person must be proven in writing to HEAG mobilo or the driving personnel of the HeinerLiner at any time upon request.
(6) Minors must always be properly secured in accordance with legal requirements when being transported. The HeinerLiner driving personnel are instructed to refuse carriage without a legally required child seat and to cancel the journey.
§ 9 Use by passengers with reduced mobility
(1) The HeinerLiner is also available to passengers with restricted mobility (who are dependent on a wheelchair or walker to get around). As a rule, passengers are transported on regular seats.
(2) Foldable rollators or wheelchairs must be indicated as "Large item of luggage" when booking, as otherwise the passenger cannot be guaranteed to be taken along.
(3) If a passenger with reduced mobility is sitting in a wheelchair and is unable to take up a normal seat in the vehicle without assistance, transport may also be provided in exceptional cases in a seated position in a wheelchair. In these cases, the passenger must state when booking the journey that he/she requires a vehicle with appropriate modifications. In these cases, he/she also assures, when booking the journey, that the wheelchair used fulfils the requirements for safe transport as stipulated in the relevant legal regulations and DIN standards.
(4) Further details on the transport of passengers with reduced mobility are regulated in §§ 7 and 8 of the Special Conditions of Carriage for On-Demand Transport of the Rhein-Main-Verkehrsverbund and can also be found in our Information flyer can be retrieved.
§ 10 Operating procedure, waiting time, cancellation of a journey, force majeure
(1) There is only an obligation to transport if the customer has made a binding booking for a chargeable connection.
(2) In order to prevent or minimise waiting times in the operating sequence, the customer must be at the virtual stop at the departure time displayed in the app. This starting point is displayed to the customer in the app.
(3) The HeinerLiner shall wait a maximum of two minutes for the Customer to appear. After that, the entitlement to carriage lapses without substitution and the journey is cancelled.
(4) The customer must get on and off the bus quickly in order to shorten the stopping times. In doing so, any danger to other road users must be excluded.
(5) The driver will ask the customer for the booking code (booking confirmation) or the customer's name upon boarding in order to identify the customer.
(6) The departure times or the vehicle used may also change at short notice due to the current traffic situation or other factors over which HEAG mobilo has no control. The customer can use the app to track when the HeinerLiner will arrive at the starting point at any time.
(7) In the event of delays, the customer is obliged to wait up to 15 minutes for the vehicle. Should the customer leave the starting point before the end of this period and not wait for the HeinerLiner, HEAG mobilo will cancel the journey in full.
(8) After the 15 minutes have expired, the customer is given the option to cancel the booking within the app.
(9) HEAG mobilo shall be released from its obligation to provide transport if this is prevented by an unforeseeable circumstance for which HEAG mobilo is not responsible and which it is also unable to prevent or avert by taking reasonable measures ("force majeure").
(10) Should a booking not or no (longer) be completely feasible (for example due to technical or operational problems), the customer will be informed immediately.
(11) Details on cancellation and any cancellation fee charged are governed by § 6 of the Special Conditions of Carriage for On-Demand Transport.
§ 11 Blocking of the user account
(1) HEAG mobilo reserves the right to temporarily block the customer's user account on a sliding scale according to the number of violations or ultimately permanently in accordance with the regulations in the following paragraphs in the event of a violation of the RMV Terms and Conditions of Carriage referred to in § 1 paragraph 4 or in the event of a violation of these General Terms and Conditions.
(2) In the event of a first infringement, HEAG mobilo will merely draw the customer's attention to this and ask for future compliance. If the customer commits a second violation within three months of the first violation, HEAG mobilo will inform the customer of this again, but this time with the notice that HEAG mobilo reserves the right to block the user account in the event of further violations.
(3) In the event of a third violation, the customer's user account may be blocked for up to four weeks if less than three months have passed since the second violation. For all further violations, the possible blocking period is at least one, but no more than six months, regardless of how long ago the last violation occurred.
(4) HEAG mobilo will inform the customer of the specific consequences of the respective violations in text form by e-mail to the e-mail address stored in the user account.
(5) The user account will be automatically unblocked after the blocking period has expired. If the blocking period exceeds three months, the customer must expressly request the unblocking of his/her user account from HEAG mobilo after the blocking period has expired.
(6) In the event of a serious violation, the user account shall be permanently blocked and the customer shall be excluded from using the HeinerLiner. HEAG mobilo may do the same if there are more than six violations within one year or if there are several minor violations that occur in a close temporal and spatial relationship and are so serious that, taken together, they justify the blocking of the user account and the exclusion of the customer from further use of the HeinerLiner.
(7) A serious breach shall be deemed to have occurred in particular if the customer has come to light under criminal law or has violated essential contractual obligations that make it unreasonable for HEAG mobilo to continue the contractual relationship. When weighing up these factors, it must be taken into account that HEAG mobilo has a duty to protect the driving personnel of HeinerLiner and other passengers.
§12 Contamination of the vehicles
(1) In accordance with § 3 Paragraph 6 of the Common Conditions of Carriage of the Rhein-Main-Verkehrsverbund, the following cleaning charges shall apply in the event of soiling of HeinerLiner vehicles by customers.
(2) In the event of easily removable soiling of the vehicle, HEAG mobilo will charge the customer for the costs of removing the soiling, but at least €50.00. Easily removable contamination is deemed to exist in particular in the event of soiling of the vehicle interior by food and/or liquids or in the event of a breach of the ban on smoking in the vehicle.
(3) In the event of soiling of the vehicle that is difficult to remove, HEAG mobilo will charge the customer for the costs of removing the soiling, but at least €150.00. Contamination that is difficult to remove is deemed to exist in particular in the event of considerable soiling of the vehicle interior by sticky food and/or drinks.
(4) If additional deep cleaning and/or disinfection of the vehicle becomes necessary, the amount stated in the previous paragraphs shall be increased by the costs incurred for this, but at least €75.00. Deep cleaning and/or disinfection of the vehicle is necessary in particular to remove strong-smelling liquids, alcoholic beverages and/or vomit.
(5) The customer shall always be permitted to prove in the specific individual case that HEAG mobilo has not incurred any damage or has incurred significantly less damage than the stated costs for removal.
§ 13 Deletion of the customer account
(1) The Customer has the option of deleting his/her Customer Account at any time, either independently or by express declaration to HEAG mobilo, if he/she no longer wishes to use the HeinerLiner. This shall not affect any journeys already booked at that time.
(2) Any remaining credit balances will be refunded upon application by the customer at the HEAG mobilo Customer Centre.
§ 14 Liability of HEAG mobilo
(1) HEAG mobilo shall be liable to the Customer for damage caused by its employees, its bodies or appointed service providers or the driving personnel of the HeinerLiner within the scope of § 13 of the General Terms and Conditions of Carriage of RMV.
(2) Furthermore, HEAG mobilo shall only be liable for slight negligence in the event of a breach of a material contractual obligation. Material contractual obligations are those the fulfilment of which is essential to the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the customer may therefore regularly rely on.
(3) The aforementioned limitations of liability do not apply insofar as guarantees have been assumed. Liability under the Product Liability Act or the provisions of the Road Traffic Act or the Road Traffic Regulations shall also remain unaffected.
§ 15 Data protection
§ 16 Out-of-court dispute resolution
(1) The EU Commission has provided a platform for extrajudicial online dispute resolution. This is available at www.ec.europa.eu/consumers/odr available.
(2) HEAG mobilo is not obliged or willing to participate in (formal) dispute resolution proceedings before a consumer arbitration board. However, you are welcome to contact us if you have any questions or problems.
§ 17 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) These General Terms and Conditions and the legal relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(as of 9 June 2022)