Terms and conditions

These general terms and conditions (GTC) of STOAG Stadtwerke Oberhausen GmbH, Max-Eyth-Str. 62, 46149 Oberhausen, registered in the Duisburg Commercial Register, HRB 25506 apply to the use of the “Revierflitzer®” passenger transport service offered by STOAG and supplement the regulations of the VRR tariff.

§ 1 contractual partner

The contractual partner of the user is STOAG Stadtwerke Oberhausen GmbH (hereinafter referred to as "STOAG"), Max-Eyth-Str. 62, 46149 Oberhausen, Germany

§ 2 contract

Revierflitzer® is a transport offer from STOAG, which cooperates with its partner, ViaVan GmbH (hereinafter referred to as “ViaVan”). The offer allows registered customers to enter travel requests via the Revierflitzer® app (hereinafter referred to as the app) and to book specific travel offers. Trips take place in vans / cars and are potentially shared with other passengers. They always start and end at virtual breakpoints.

The prerequisite for this is the registration of the users (hereinafter referred to as users) in accordance with § 4, the availability of the app and the vehicles. The Revierflitzer® enables the acquisition of a driving license using a smartphone. The service can only be ordered via the app. The app is provided for the iOS and Android operating systems and can be downloaded free of charge from the Apple App Store and the Google Play Store. The user bears the costs for downloading, installing and configuring.

The driving authorization is only valid in Revierflitzer® vehicles.

For more information, see the Frequently Asked Questions (FAQ) See FAQ.

§ 3 Eligibility to Participate

Anyone over the age of 14 is entitled to register for the Revierflitzer® and use the app to book trips. Minors or persons otherwise restricted in their legal capacity require the consent of their legal representatives to register for the on-demand STOAG traffic, to use the app and to book journeys.

The Revierflitzer® drivers have the right to request proof of the age of passengers or potential passengers. The driving staff is entitled to refuse the journey if neither proof of age nor the consent of the legal representative can be provided. It is possible to exclude yourself or other endangering or harassing persons such as heavily drunk or obviously drugged passengers.

The use of the offer requires a credit card valid in Germany or a PayPal account. Alternatively, STOAG vouchers can be purchased in selected customer centers.

§ 4 registration / account of the user

In order to be able to open an on-demand Verkehr STOAG account, users must download the app from the app store and register. Registration requires the following personal data to be deposited:

Username (first and last name; the real name must be chosen, no pseudonym)
Password,
Mobile phone number,
Valid Email Address,
Credit card or PayPal account,
desired payment method.
 

The regulations in the Revierflitzer® data protection notice apply to the processing of personal data.

Registration takes place by submitting the electronic form using the app. Registration can only be completed if the user agrees to the terms and conditions and the data protection declaration. By completing the registration, the user agrees to the terms and conditions and the data protection notice.

The users are responsible for the correctness and completeness of the information and data as well as the resulting activities. To use the app, users need to log in by entering their username and password.
 

The Revierflitzer® account is created individually for each user. The user may not share this account information with third parties or grant third parties access to the account. The protection of the user name and the password must be ensured for every mobile device used. Users are liable for losses that STOAG incurs due to unauthorized use of their account.
 

The user agrees to inform STOAG immediately about the violation of login information. If users have reason to believe that their account information is not secure or that their account has been accessed by a third party, STOAG must be contacted immediately via the hotline 0208 / 835-5050 or by email revierflitzer (at) stoag.de to inform.

§ 5 Ordering and using the Revierflitzer®

The service is ordered via the user account. The app enables users to request and book a trip (the “trip”). The desired pick-up and destination locations must be entered in the search mask. Alternatively, the entry can be made by locating the location. In this case, the location services must be activated by the user. The regulations of the data protection notice for on-demand traffic STOAG apply to the location determination.
 

A booking confirmation in the app shows the user the license plate number of the vehicle and other information such as departure time, boarding point and the fare. The following information about the user is then sent to the driver: Name, pick-up location, destination, number of people to be transported and, if applicable, information on existing mobility restrictions, e.g. B. Wheelchair.
 

When booking, the user must specify the number of people to be transported. If this number of people is exceeded when picking up the vehicle, the driver is entitled to exclude excess people from the journey.
 

By confirming the “Book” button, a chargeable transport contract (hereinafter referred to as “contract”) is concluded between STOAG and the user.

The user must commence the journey personally; the booking cannot be transferred to third parties. After booking, it is no longer possible to change the destination. Early disembarkation at the request of the user is possible in exceptional cases. The drivers decide on a suitable exit point. The fare for the route not covered will not be reimbursed.
 

The pick-up time and travel time specified in the app are estimates based on the current traffic situation at the time of booking and may differ from the actual times.
 

Cancellation of a booking via the app within 60 seconds is free of charge. For later cancellations, a cancellation fee of € 2 must be paid. Repeated cancellations can lead to the suspension and deletion of the user account. This is done at the sole discretion of STOAG.
 

If a booking made by the app is canceled by the system, the user will not incur any costs.

If users are not at the named place of boarding in time, a no-show fee of € 3 is due if the user does not arrive at the vehicle within 90 seconds after the Revierflitzer® arrives. There is no waiting obligation for on-demand traffic STOAG. Repeated "no-show" incidents can lead to the suspension of the user account.
 

If the Revierflitzer® vehicle does not arrive on time after ordering, the customer will be informed via the app. In this case, the customer has the right to cancel the trip free of charge immediately after receiving the notification of the delay. If the booked trip is not canceled, the customer pays the normal price. If a customer is not picked up through the fault of the Revierflitzer®, the journey will not be charged. The debits are always made after a completed trip. Compensation for no-show or delay of the vehicle is excluded.

§ 6 Revocation of the order / termination of the contract

The user can cancel the order for the service at any time via the app under the conditions of Section 5 (7) without giving reasons.

STOAG can terminate the contract at any time up to the collection of the user if there is an important reason for termination. This is particularly the case if the ordered vehicle is stuck in a traffic jam or has had an accident, unless this would only lead to an insignificant delay. There is also an important reason for termination if the user cannot be found by the driver. The termination is displayed to the user in the app. This does not affect the obligation to pay the no-show fee.
 

Compensation in the event of a no-show or a delay in the vehicle is excluded as well as in the event of force majeure.

§ 7 Conditions of Carriage

The following conditions of carriage contain both the obligations of STOAG and the user.

In addition to these GTC, the current transport regulations of the VRR tariff apply. The general terms and conditions for the Revierflitzer® take precedence. The VRR transport regulations can be found at https://www.vrr.de/de/service/downloads/.

a) conduct
During the journey, users must behave as required by the safety and order of the company and with consideration for other people. Otherwise, the journey may be refused or the user may be asked to leave the vehicle. In this case, travel expenses will not be reimbursed. The instructions of the driving staff must be followed.

In particular, the following are prohibited:

•     Smoking tobacco products and e-cigarettes carrying liquids,
      unless in correct and sealed containers that can be stowed stably at any time and / or held by the user
•     Distribution of printed matter and offers for the sale of goods without the permission of STOAG
•     Collecting and begging
•     Misuse of or damage to devices or fittings on the vehicle
•     Wearing or using roller blades, skates or similar unsuitable footwear
•     Eating and drinking in the vehicle
•     Users should contact the drivers immediately if:
•     If you suffer injuries while driving or if you feel uncomfortable while driving - the driver will organize medical assistance in an emergency.
•     they observe suspicious objects or behavior.

STOAG reserves the right to charge a flat-rate cleaning fee of € 100 (one hundred) if a user soils the vehicle interior beyond normal signs of use. The user is at liberty to prove that the damage or depreciation did not occur in the amount or that it is significantly lower than the flat rate. The right to claim damages in excess of the flat rate remains unaffected.

b) Bringing / transporting things
There is no entitlement to take luggage with you. We ask our passengers to limit personal items to one piece of luggage and to a reasonable size. If there is space, it is at the driver's discretion whether or not luggage can be taken. Luggage must not pose any danger to passengers or drivers. As is usual with London taxis, there is no classic trunk, the passenger area is intended for luggage. For orientation: the luggage compartment next to the driver has a floor area of ​​90x90cm.

c) Bringing animals
Assistance dogs for blind and visually impaired people are promoted. Pets are allowed as long as they are transported in suitable containers. The driving staff will decide on a case-by-case basis whether or not to bring pets. The user is responsible for supervising the animal that is taken along. He is liable for all damage caused by the animal during its transport.

§ 8 lost property

Lost property must be handed over to the drivers.

Users who have lost something can first contact the Revierflitzer® via the app. Lost property is stored in the STOAG lost property office, customer center Neue Mitte, Platz der Guten Hoffnung, 46047 Oberhausen. Otherwise, Section 13, Part A of the VRR tariff and the statutory provisions (Sections 978 BGB et seq.) Apply.

§ 9 availability of the app

The user has no right to constant availability of the Revierflitzer® app. STOAG endeavors to rectify any malfunctions as quickly as possible.

STOAG reserves the right to temporarily or permanently discontinue the app at any time for an important reason, e. B. for maintenance, security and capacity reasons. At this point in time already existing contracts of carriage remain unaffected.

§ 10 Availability of the vehicles

The service of the on-demand traffic STOAG is only offered at fixed times in the defined service area. The current operating area is stored in the app. The use of the vehicles is the responsibility of STOAG.

§ 11 Remuneration / Transport Fee

Use of the on-demand STOAG traffic is based on the VRR's on-demand tariff. STOAG can, at its own discretion, grant discounts on fares as part of promotions. The price for the trip is displayed to the user on the app before the final booking of the trip.

§ 12 Payments and Billing

Invoices are issued in the name of STOAG. Billing takes place via the payment service provider Braintree. More information is available at https://www.paypal.com/de/webapps/mpp/braintree.

STOAG reserves the right that in future customers can purchase STOAG credit vouchers for the Revierflitzer® in the customer centers. The vouchers can be activated by entering the voucher code in the user account. Vouchers purchased will not be exchanged. Remaining credit will not be paid out.

Vouchers in connection with promotions can be activated by entering the voucher code in the user account.

§ 13 obligations of the user in relation to the app

The user may only use the app in accordance with the purpose of the transport contract and in such a way that the app is not impaired or damaged. The user will not circumvent or change the security measures of the app either himself or through third parties.

§ 14 Rights of use to the app / copyrights

The app is protected by copyright.
 

There is no right of use for users of the app or parts of it, in particular not all related intellectual property rights, the logos, trademarks and brands of STOAG, Revierflitzer® and ViaVan, unless otherwise regulated in these terms and conditions.
 

Users receive a non-exclusive, non-transferable and non-sub-licensable right to use the Revierflitzer® app in accordance with these terms and conditions, which is limited in time to the duration of the installation. This contractual use is limited to
 

•     installing the app on a mobile device owned by the user
•     a reproduction for loading, displaying, saving, using the app
•     making a backup copy of the app by a person authorized to do so in accordance with Section 69 (2) UrhG.
   

Certain materials made available for download from or through the app may be subject to additional or different license terms. The app contains content from users and STOAG licensors, in particular ViaVan. Unless provided for in these terms and conditions, users may not copy, change, translate, publish, transmit, distribute, display or sell content that is accessible on or via the app.

The name Revierflitzer® is protected by trademark law.

§ 15 Claims of the user in the event of material defects in the app

The following rules apply to material defects in the app.
 

•     Claims for defects do not exist for insignificant deviations from

         the agreed or expected quality of the app and insignificant impairment of usability.

•     In the case of updates, upgrades and new version deliveries, any claims for defects are limited to the new features compared to the previous version.
•     STOAG can determine the type of supplementary performance itself. A reasonable error workaround provided is also considered supplementary performance.
•     STOAG can demand that the user uploads programs or parts of programs with corrections to his mobile device.
•     Corrections by the user or third parties are prohibited.

The user must immediately report any material defects in writing revierflitzer (at) stoag.de to be communicated and to be specifically described. Statutory inspection and notification obligations remain unaffected. Claims for defects do not apply to changes or extensions that the user or third parties have made to the app, unless the user can prove that these changes or extensions are not the cause of the defect.
 

STOAG is not responsible for defects resulting from improper operation or use of unsuitable equipment by the user.

§ 16 Claims of the user in the event of legal defects in the app

STOAG guarantees that the app does not infringe the rights of third parties when used in accordance with these terms and conditions. This guarantee assumes that the user informs STOAG immediately in writing of any third party rights asserted against him and, if and as far as legally possible, leaves STOAG with the legal defense and settlement negotiations. The user will support STOAG to a reasonable extent free of charge, in particular provide the information required for this.

Rights in this sense are only those to which the third party in the Federal Republic of Germany is entitled. If a right of a third party affects the contractual use of the app by the user, STOAG can either change the app so that the third party's right is no longer violated or provide the user with the necessary authorization to use the app. The user or the involvement of third parties is not permitted.

The user does not have any claims if the app has been changed by the user or a third party or if the legal infringement has arisen as a result of a combination of the app with services or products of third parties, unless the user can prove that the legal infringement was not caused by the changes or Combination has been caused.

§ 17 liability when using the app

STOAG is liable to the customer for grossly negligent or willful damage caused by STOAG, its legal representatives or vicarious agents that arise through the use of the app.

STOAG is also liable for damage resulting from culpable injury to life, limb or health and for damage under the Product Liability Act. STOAG is only liable in cases of simple negligence in the event of a breach of essential contractual obligations, the breach of which jeopardizes the purpose of the contract and on whose fulfillment the user could particularly rely. This liability is limited to compensation for damage that was typically foreseeable when the contract was concluded.

The above limitations of liability also work in favor of the legal representatives and employees of STOAG and also apply in the case of pre-contractual and tortious liability.

STOAG is not liable for the information transmitted to the user reaching the user on time.

In the event of data loss, STOAG's liability is limited to the reimbursement of the costs incurred for restoring the data from electronic backup media. The user's obligation to regularly back up data in accordance with the state of the art remains unaffected.
 

STOAG does not accept any liability for the correctness or completeness of the data provided by third parties.
Please note:
 

•     The app is intended for domestic and private use only. When users use the app for commercial, business or resale purposes,

        STOAG is not liable in the event of loss of profit, loss of business, business interruption or loss of business opportunity.

•     STOAG is not liable for the actions of users when they use the app.
•     STOAG can change the app at any time and is not liable if this affects the user.
•     STOAG is not liable for the quality or accuracy of the content that users view with the app or other websites.
•     STOAG can change, suspend or terminate any aspect of the app at any time, including the operating hours or availability of the app or a function, without notice or liability.

There is no liability for losses, damage, costs or injuries for reasons for which STOAG is not responsible.

The app may contain links to websites and applications from third parties, including the ability to purchase goods and services or to participate in special competitions, sweepstakes and other promotions from STOAG business partners, charities, sponsors or third parties (“Third Party Partners "). Users are responsible for whether they want to access or use them. Revierflitzer is not responsible for and does not endorse any features, content, advertising, products or other materials on other websites or applications and is not liable for these or for matters arising from their use. STOAG is not liable for content published by third parties. STOAG neither agrees to these, nor is STOAG responsible for the content of third-party providers in the app.

With regard to STOAG's liability for damage that does not arise from the use of the Revierflitzer® app, in particular damage in connection with transport, the statutory provisions and the provisions of the VRR tariff apply.

§ 18 Data protection

STOAG undertakes to comply with data protection and refers to the Privacy Policy to REVIERFLITZER under data protection notice.

Revierflitzer® communicates via email, SMS, messages via the app on the user's mobile device and, if necessary, via phone calls.

The users agree to be contacted by Revierflitzer® via the channels mentioned, which they have made available to Revierflitzer® for customer service-related purposes.

If users have agreed to receive information about other services and offers from STOAG and its cooperation partners, these will also be sent to the user's mobile device by email, SMS or app notifications.
 

The users agree that Revierflitzer® can communicate with them electronically about security, data protection and administrative issues in connection with their use of the app. In the event of security problems, Revierflitzer® informs users as soon as they become aware of them by means of a notification in the app or by email.

The users receive a message in the following cases, if

•     a trip has been booked
•     the vehicle approaches the announced pick-up location
•     the vehicle has arrived at the designated pick-up location
•     the user has reset the password via the app.

By registering via the app, users agree to receive messages. The user bears any costs that may arise from receiving such messages; the same applies to costs that the user may incur through communication with Revierflitzer®.

§ 19 Changes to the Terms and Conditions

STOAG has the right to change these terms and conditions at any time. Changes will be communicated in good time on www.stoag.de or in the app. The applicable terms and conditions are deemed to have been approved by the user by continuing to use the app. The user will be informed of this in the change notification.

If the user objects to a change in the terms of use within the set period, this is deemed to be a termination of his account.

§ 20 Other provisions

Supplements or ancillary agreements to these terms and conditions require approval in text form (email, fax, also: letter post) to be effective, unless these terms and conditions provide otherwise. This also applies to the cancellation of this written form requirement.

Should individual provisions of these terms and conditions be ineffective or void, these are to be replaced by provisions of the content to be agreed between the parties that come as close as possible to the ineffective or void provisions. The same applies if the agreements contain unintentional loopholes.

The legal relationship between the parties is subject to German law to the exclusion of the UN sales law.

Users can only transfer their rights or obligations to another person if this has been agreed in writing or in text form.

STOAG is entitled to fully investigate and prosecute violations of these conditions. STOAG reserves the right to suspend or terminate user accounts and to prevent access to the app at its own discretion, including in the event of future registration attempts.

The place of jurisdiction for all disputes arising from the contract of carriage is the seat of STOAG.