1. general scope of application
These General Terms and Conditions (GTC) apply to the sale, booking, billing and payment of travel authorisations for RMV on-demand services via the OnDemand@RMV app and the on-demand apps of Kreisverkehrsgesellschaft Offenbach GmbH (kvgOF), Masayaplatz 1, 63128 Dietzenbach and HEAG mobilo GmbH (HEAG mobilo; only valid from the start of operations in February 2025), hereinafter referred to as "on-demand apps".
Rhein-Main-Verkehrsverbund Servicegesellschaft mbH (rms GmbH), Am Hauptbahnhof 6, 60329 Frankfurt am Main (hereinafter referred to as "rms GmbH" or "Seller"), is a subsidiary of Rhein-Main-Verkehrsverbund GmbH (RMV). As a commission agent, it is the authorised agent for the sale of travel authorisations and is authorised to settle accounts between the purchasers (hereinafter also referred to as "customers") and the CCs.
Sales via the on-demand apps are made by the seller in its own name and for the account of Offenbacher Verkehrs-Betriebe GmbH, Hebestraße 14, 63065 Offenbach am Main (OVB), which receives the fare revenue here for all transport companies that provide transport services in the network.
The seller acts as a commission agent pursuant to Sections 383 et seq. HGB (German Commercial Code) for OVB. As a service provider, it merely handles the sale and issue of travel authorisations. This does not constitute the conclusion of a contract of carriage with the Vendor, OVB or another Merchant. The seller is therefore not the debtor of the transport service
If customers do not use the on-demand services via the RMV on-demand app, but via the kvgOF hopper app or the Heinerliner app, please note that the kvgOF hopper app can only be used for on-demand services in the area of kvgOF and the Heinerliner app can only be used for on-demand services in the area of HEAG mobilo.
In addition to using the on-demand apps, all customers have the option of booking on-demand services in the RMV area by telephone via the service telephone (see section 14).
In order to make a telephone booking, the customer must register once and identify themselves to the service employee with their name and telephone number (see section 5 for details).
In addition to these GTC, the Special Conditions of Carriage and Fare Regulations for On-Demand Transport in RMV apply. The current versions are also available to customers on the participants' websites.
(https://www.rmv.de/c/de/fahrkarten/infos-regeln/on-demand-verkehre-befoerderung-und-tarif)
2. changes
1. rms GmbH reserves the right to make changes or additions to these GTC at its reasonable discretion (Section 315 BGB), subject to judicial review of the respective change in accordance with Section 315 (3) BGB, if this is necessary due to official requirements, changes in the law or technically or logistically compelling changes to the programme composition, provision and/or transport service or its billing. The customer will be informed immediately by e-mail or post of any changes.
2 The amended GTC shall become part of the contract unless the customer objects in writing or by the agreed electronic means. The customer shall be specifically informed of this consequence when the amendment is announced. The customer must send the objection to rms GmbH within six weeks of receiving notification of the changes.
3. transfer of use of the on-demand apps
1. the on-demand apps can be downloaded and used via the usual download platforms (e.g. Google Play Store, Apple App Store) to the extent that they are provided by rms GmbH, kvgOF or HEAG mobilo. rms GmbH, kvgOF or HEAG mobilo shall only be liable for free use within the scope of the availability provided in each case. A service with an annual average availability of 98 % is provided. Downtimes for regular or sporadic maintenance are included in this. This does not include times when the servers cannot be reached due to technical or other problems beyond our control (e.g. force majeure, fault of third parties).
By confirming the download of the OnDemand@RMV app, the customer concludes a licence agreement with rms GmbH; by confirming the download of the kvgOF Hopper app or the Heinerliner app, the customer concludes a licence agreement with kvgOF or HEAG mobilo.
Any use, change and/or modification of the OnDemand@RMV app and the kvgOF-Hopper app or the Heinerliner app that deviates from the terms of use is not permitted. In this respect, the customer is also not entitled to rent, lend, sell, licence, assign or otherwise transfer the right granted to him to the programme included in the OnDemand@RMV app and the kvgOF-Hopper app or Heinerliner app.
2. the customer is obliged to protect the access data for the apps received for registration by SMS from unauthorised access by third parties. Should the access data become known to third parties, the customer must inform rms GmbH of this immediately.
3. there is no entitlement to permanent availability of the apps. rms GmbH, kvgOF and HEAG mobilo are authorised to discontinue the operation of their app at any time.
4. eligibility to participate
All persons over the age of 14 are entitled to register to use the on-demand transport services and to use the
use on-demand apps to book journeys. Minors or persons otherwise restricted in their legal capacity require the consent of their legal representative.
5. registration
1. the customer must register for access to the provision of on-demand services via the on-demand apps. Registration takes place via the on-demand apps. By registering in one of the apps, the customer is automatically registered for the other app.
2. as an alternative to registration via the app, customers who only wish to use the telephone booking option can register at one of the following mobility centres:
- RMV Mobility Centre Darmstadt: Am Hauptbahnhof 20 a, 64293 Darmstadt
- RMV Mobility Centre Dietzenbach: Masayaplatz 1, 63128 Dietzenbach
- traffiQ Lokale Nahverkehrsgesellschaft Frankfurt am Main mbH (traffiQ) - Please make an appointment at the following telephone number: +49 (0)15125361958 (no sale of credit here)
- RMV Mobility Centre Hanau: Im Forum 2b, 63450 Hanau
- RMV Mobility Centre Taunusstein: Aarstr. 144 A, 65232 Taunusstein-Hahn
- RMV mobility information RTV Idstein: König-Adolf-Platz, 65510 Idstein
- RMV mobility centre DADINA: Am Hauptbahnhof 20 A, 64293 Darmstadt
- RMV sales office DADINA municipal administration Erzhausen: Rodenseestraße 3, 64390 Erzhausen
- RMV sales office DADINA city office Weiterstadt: Darmstädter Str. 40, 64331 Weiterstadt
- RMV sales office DADINA Rathaus Griesheim: Wilhelm-Leuschner-Straße 75, 64347 Griesheim
- RMV sales office DADINA Stadthaus Pfungstadt: Kirchstraße 12-14, 64319 Pfungstadt
- RMV sales office DADINA Babenhausen town council: Marktplatz 2, 64832 Babenhausen
- RMV Mobility Centre Groß-Gerau, Jahnstr. 1, 64521 Groß-Gerau
- Registration centre Citizens' Office City of Kelsterbach, Mörfelder Landstr. 33, 65451 Kelsterbach
- MTV Mobility Centre Hofheim, Am Untertor 6, 65719 Hofheim am Taunus
- HEAG mobilo customer centre at Luisenplatz 6, 64283 Darmstadt
- Registration offices and points of sale for the sale of credit in the kvgOF area can be found at https://www.kvgOF-hopper.de
3. when registering for the provision of on-demand services via the apps, the customer must provide the following information truthfully:
- First name and surname
- E-mail address
- Mobile phone number
- when selecting PayPal, the required access data
- when selecting the credit card payment method, the credit card details
- if registering exclusively for telephone bookings, the postal address (street, house number, postcode, town/city)
The customer is obliged to update the personal data provided during registration at any time in the event of changes. This applies in particular to the e-mail address and mobile phone number.
If the customer has reasonable grounds to suspect that his/her access data has been misused, he/she must inform rms GmbH or RMV via the RMV service telephone (https://www.rmv.de/c/de/service/kontakt/rmv-servicetelefon). Each customer bears fault-based responsibility for their activities during use. Until the notification is received, the customer who culpably enabled the misuse is liable for the claims incurred up to that point.
4. in order to be able to make a telephone booking, the customer must identify himself to a service employee with his name and telephone number.
6. booking of journeys
1. in order to book the chargeable on-demand transport services, the customer must enter the following additional data for the journey in the screen provided for this purpose in the on-demand apps:
- date
- Departure or arrival time
- Start location
(if the customer has activated automatic location detection, the app recognises this automatically) - Destination
- existing, usable RMV tickets
(Note: It is not possible to purchase RMV tickets in the on-demand apps, by telephone or in the vehicle) - Existence of a severely disabled person's pass
- Special features such as wheelchair, luggage, child seat, etc.
- Passenger
- Enter the coupon code, credit codes (app menu item "Promotional codes")
The preferred journey option is searched for and selected in the on-demand apps, and the data required for the booking is then transferred to the sales services division of rms GmbH (VDL).
2. the customer has the option of booking an accessible vehicle, provided this is available locally. The availability/unavailability is displayed in the on-demand apps after selecting the "Wheelchair" option field. When booking by telephone, it is also possible to book an accessible vehicle. The booking of accessible vehicles is generally reserved for passengers with restricted mobility. Further details can be found in the Special Conditions of Carriage, Section 7, and the Special Fare Regulations, Section 3.
3. the customer also has the option of booking a vehicle with a child seat (up to 36 kg), provided this is available locally. The availability/unavailability is displayed in the on-demand apps after selecting the "Child seat" option field. When booking by telephone, it is also possible to book a vehicle with a child seat.
4. after entering the data for the journey booking in the on-demand apps, the customer is then shown the journey options that can be booked.
5. after selecting a journey and before making a binding booking, the customer is shown all the booking details again in a confirmation window.
6. by clicking on the "Book for a fee" button, the customer submits a binding offer to the seller to conclude a purchase contract for authorisation to use the selected transport service (authorisation of use).
7. once the booking has been received, the customer immediately receives a booking confirmation via the on-demand apps and the exact details of where and when to be ready to board. If required, the on-demand apps support automatic location service recognition with footpath routing.
8 In the case of a telephone booking, the service employee enters the relevant data into the mobility platform on the telephone and informs the customer whether and when a journey can take place. A binding booking is also made by the service employee at the customer's request. If the customer has entered an e-mail address in their customer account, they will receive a booking confirmation by e-mail in addition to the verbal confirmation.
9. the purchase contract is effectively concluded upon receipt of the booking confirmation by e-mail or upon deposit of the booking confirmation in the on-demand apps. The customer waives receipt of the declaration of acceptance (Section 151 BGB).
10. a contract of carriage is concluded between the customer and the transport company upon commencement of the journey.
11 The customer must make the journey in person; the authorisation of use is not transferable to third parties.
7. recognition of disability cards
1. passes for the severely disabled are also recognised for RMV on-demand within the scope of their validity for local public transport (ÖPNV). This eliminates the basic price. Only the convenience surcharge and the labour price are payable.
2. the booking of a journey is otherwise made in accordance with section 6.
3. the Special Conditions of Carriage and Fare Regulations for On-Demand Transport in the Rhine-Main Transport Association apply.
(https://www.rmv.de/c/de/fahrkarten/infos-regeln/on-demand-verkehre-befoerderung-und-tarif)
8. cancellation of journeys
1. bookings can be cancelled by the seller. If the booking is cancelled by rms GmbH, e.g. in the event of a technical defect, accident or serious traffic obstructions due to traffic jams or weather conditions, the customer will not incur any costs and any payments already made will be refunded.
2. the following conditions apply to the cancellation of a booking by the customer:
- In the case of a booking with an immediate journey request, a free cancellation is possible up to 60 seconds after pressing the "Book this journey" button or the telephone booking confirmation by the service employee.
- In the case of advance bookings or long-term bookings, these can be cancelled free of charge up to 60 minutes before the start of the journey. Cancellations can be made either via the on-demand apps or by telephone, at the customer's request, by a service employee.
3. if the deadlines for cancellation are exceeded, rms GmbH may retain a cancellation fee of 50 % of the fare indicated at the time of booking or communicated by telephone.
4. if the customer does not appear at the starting location at the time communicated in the on-demand apps or by telephone, the full fare will be charged. The customer has no right to expect the vehicle to wait or for the driver to contact the customer. The customer account will be blocked if the customer fails to start a journey three times within six months. If the journey is cancelled prematurely by the customer or his/her passengers, no refund/partial refund of the fare owed will be made.
5. the customer is advised that there is no statutory right of cancellation for journeys booked via the on-demand apps (Section 312 (8) BGB).
9. billing and payment
1. the fare to be paid is calculated and displayed in the on-demand apps or, in the case of telephone bookings, communicated to the passenger by the service employee.
2 The customer can choose between the following payment methods:
When using the on-demand apps:
- PayPal
- Billing via credit card (Visa, MasterCard, American Express)
- Card payment in the vehicle with common bank cards on the European market (also card for youth current account, payment card for refugees), provided this is offered for the respective on-demand traffic.
- Credit, if this is offered by the participant.
For telephone bookings:
- Card payment in the vehicle with standard bank cards on the European market (also card for youth current account, payment card for refugees) and credit cards (Visa, MasterCard, American Express), provided this is offered for the respective on-demand traffic
- Credit, if this is offered by the participant.
PayPal and credit card payments are debited upon conclusion of the purchase contract for the authorisation of use (see sections 6.5. and 6.6. above).
If a customer wishes to pay for their booking with credit, they must first load sufficient credit into their customer account in the app. The credit is topped up using voucher codes, which can be purchased at participating registration and sales outlets (see section 5, paragraph 2) and loaded into the app. Voucher codes are valid for three years from the date of loading in the app, after which any (remaining) credit expires. Cash payment of remaining credit is not possible before the expiry date; however, it would be possible to use (remaining) credit in combination with another payment method.
3. if payment is made in the vehicle, the amount is debited immediately. The customer will receive proof of payment by e-mail.
4. an invoice will subsequently be sent to the customer for each journey made or not cancelled in good time. The customer must check each invoice carefully and notify rms GmbH of any objections within six weeks of receiving the e-mail.
(https://www.rmv.de/c/de/service/kontakt/rmv-servicetelefon). Otherwise the invoice shall be deemed approved and accepted. The customer shall be expressly informed of this legal consequence again in the invoices.
An overview of the on-demand transport services provided by the transport company/companies for the customer is made available to the customer via the on-demand apps after the journey has been completed. In the journey history, the customer can see which journeys they have made or cancelled and what costs have been incurred.
5. the prices quoted on the day of booking, which include the applicable statutory VAT, shall apply.
6. insofar as the objection (see section 4) is justified and a claim is thereby established, the customer shall be reimbursed the amount collected without authorisation by the same method chosen for payment.
10 Consequences of non-payment
1. the customer undertakes to keep the invoice amount due on the specified account available on the debit date and to provide the information in accordance with Section 5 No. 2 truthfully. The seller has the right to block the user account immediately without prior notice if
- a direct debit amount cannot be debited due to insufficient funds in the account
- there is any other disruption to the contractual relationship.
2. the seller shall notify the customer of the account blocking, together with a payment reminder and/or, if applicable, a request to change the data (see section 5 no. 2 above). Text form (126 b BGB) is sufficient.
3. the account shall be unblocked upon settlement of the outstanding receivables (receipt of payment) or correction of the truthful data to be provided. The account will also be unblocked if the customer can prove that he is not responsible for the failure of the direct debit.
4. costs incurred by the seller as a result of uncovered or closed accounts will be charged to the customer. A reminder fee of €1.30 shall also be charged for each request for payment in the event of default. This does not exclude the assertion of any further damage caused by default, in particular the further costs of legal action. The customer reserves the right to prove that no or significantly lower costs have been incurred.
11. cancellation and blocking of the user account
1. the seller may permanently block the user account and terminate the contract if the customer has not paid for the service after a reasonable grace period has expired or if the service could not be collected within a reasonable period of time.
In addition, there is a right to extraordinary cancellation without notice for good cause. Important reasons include, for example, misuse of the on-demand apps and repeated non-appearance for a booked journey that has not been cancelled in good time. In this case, the customer account will be permanently blocked. In both cases, the customer will not be able to use the OnDemand@RMV app, the kvgOF Hopper app or the Heinerliner app.
2. the customer is entitled to terminate the user relationship for the on-demand apps at any time without giving reasons. Cancellation shall be effected by electronic deletion (by pressing the "Delete user account" button in the on-demand apps) or, at the customer's request, by a service employee of rms GmbH
(https://www.rmv.de/c/de/service/kontakt/rmv-servicetelefon). These GTC shall continue to apply until the final settlement of the contractual relationship following cancellation. Outstanding claims against the customer remain unaffected by the cancellation.
12. misuse by third parties
If the customer discovers misuse of his customer account, he is obliged to contact rms GmbH immediately.
(https://www.rmv.de/c/de/service/kontakt/rmv-servicetelefon) and remove their payment information until clarification, block their customer account access with RMV or have it blocked by RMV. It is also possible to have the account blocked at a mobility centre.
13. data protection
The processing of the personal data provided by the customer during registration in the OnDemand apps is carried out in compliance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the Hessian Data Protection and Freedom of Information Act (HDSIG).
You can find the privacy policy for the use of the OnDemand apps here https://www.rmv.de/c/de/rechtliche-hinweise/datenschutz/datenschutzgrundverordnung/rmv-on-demand.
14. contact details, customer service
The following customer portal is available for questions about on-demand mobility https://www.rmv.de/kundenanliegen or the RMV service hotline (https://www.rmv.de/c/de/service/kontakt/rmv-servicetelefon) are available.
In addition, the kvgOF service telephone (06074/69669066) can be used for questions and concerns as well as bookings for on-demand services in the kvgOF area or the HEAG mobilo service telephone (06151/7094000) in the HEAG mobilo area.
15. warranty
1. the claims for material defects and defects of title of the apps are governed by §§ 523, 524 BGB.
2. the seller assumes no warranty for transport services within the scope of these GTC.
16. choice of law/language
The contractual relationship shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG). Mandatory provisions of the country in which the passenger has his habitual residence remain unaffected by this provision.
The language of communication, proceedings and court is German.