General Terms and Conditions
These General Terms and Conditions apply to all mobility services booked as part of the LeipzigMOVE or LeipzigMOVE+ product via the LeipzigMOVE app (application) in accordance with Annex 1.1 to 1.6 by a contractual partner (hereinafter referred to as User). - Valid from September 01, 2024
Table of contents
§ 1 Precondition of the contract
A prerequisite for the conclusion of the contract is that the user
- is of legal age and not a legal entity
- is the holder of a current account maintained in a rental member state of the European Union (necessary for LeipzigMOVE+ in addition to the means of payment pursuant to Section 5 (1c)), a PayPal account or a credit or debit card (hereinafter referred to as means of payment) that LVB accepts, and LVB is authorized to debit any usage fees incurred, processing fees pursuant to Section 11 and the respective basic monthly price for a LeipzigMOVE+ contract from the deposited means of payment
- has no outstanding liabilities to the LVB and
- presents a valid identity document on request.
§ 2 Conclusion of contract
The contract is concluded between the user and the LVB through registration with a complete profile, fulfillment of the requirements according to § 1 and the user's consent to these GTC and acknowledgement of the data protection information (https://www.l.de/datenschutz/verkehrsbetriebe/leipzigmove/).
§ 3 Contract term and minimum contract term
The contract is open-ended. When concluding a contract for LeipzigMOVE+, the minimum contract term is six consecutive months from the start of the contract. In the case of flexible entry (contract conclusion § 2 below the month), the minimum contract term begins on the 1st calendar day of the following month.
§ 4 Subject matter of the contract
The user can make use of services in accordance with Annexes 1.1 to 1.6, for which the usage fees (Annex 2) and tariffs (https://leipzig-move.de/partner) apply. The User is not entitled to constant and uninterrupted availability of all services. When concluding a contract for LeipzigMOVE+, the User may additionally purchase discounted tickets in accordance with Annex 1.1 for a monthly basic fee (https://leipzig-move.de/partner).
§ 5 Terms of payment
1. general terms of payment
- The user can pay for services provided via the Leipzig MOVE app using the following means of payment:
- PayPal
- Credit card (Visa, Mastercard)
- Apple Pay
- Google Pay
- Klarna Pay now (pay immediately)
- SEPA direct debit (until November 2024 for billing the basic fee for LeipzigMOVE+)
- Payment by PayPal, credit card, Apple Pay, Google Pay and Klarna is processed via the payment service provider Adyen N.V. German Branch, Jägerstraße 27, 10117 Berlin, https://www.adyen.com/de (Payment Service Provider, hereinafter also referred to as PSP). The PSP collects the monthly basic fee as well as the fees in accordance with § 11 of this agreement for all services provided and the usage fees in accordance with Annex 2 on behalf of LVB from the means of payment deposited in advance or selected during payment processing.
- Until the month of November 2024 (billing in December 2024), the monthly basic fee for LeipzigMOVE+ will be billed via SEPA direct debit. From December 2024, the basic fee due will be collected by the PSP via the means of payment deposited in advance.
2. selection of means of payment
LVB reserves the right not to offer certain means of payment and to refer to other means of payment. The user is not entitled to a specific means of payment. LVB has the right to exclude customers from using individual means of payment.
3. shopping cart reservation
- For services for which the final price has not yet been determined at the time of booking, a provisional shopping cart reservation is made using the payment method stored or previously selected. This reservation is valid for a limited period of time and is then released again. As soon as the final price for the booked services has been determined, the payment method selected during payment processing is automatically debited with this amount. If the debit of the final price is not successful for reasons for which the LVB is not responsible, the LVB reserves the right to block the user account until the payment claim has been settled.
- The following reservation amounts are made per booking on the user's means of payment:
- Bike sharing: 3 €
- E-scooter sharing: € 7
- Cab: 30 €
- Car sharing: 30 €
- When starting the check-in/check-out function (CiCo) when purchasing tickets in accordance with Annex 1.1, a shopping cart of €5 is reserved on the user's means of payment.
- The shopping cart reservations will be offset against the actual final price or released after completion of the booking process or when the final price is set, provided that the final amount has already been successfully debited.
4. payment via PayPal
When selecting the PayPal payment method, a valid PayPal account is required, which can be opened at www.paypal.com. If the payment method PayPal is selected, the user's e-mail address and password must be entered in the PayPal input mask shown at the end of the order process. The payment amount due as part of the order will be debited within a few minutes after completion of the booking process or after final pricing. If the payment method PayPal is selected, the "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A., which are available at www.paypal.com, shall apply.
5. payment by credit card
Visa and Eurocard/Mastercard are accepted for payment. When paying by credit card, the purchase price will be charged to the credit card immediately at the time of ordering or when the final price is set. The credit card details are not stored by LVB, but are collected and processed directly by the payment service provider. The payment service provider supports the internationally recognized security standard 3D Secure (Verified by Visa and MasterCard SecureCode). The additional authentication protects the user's credit card holder data. After entering the credit card details, the user is automatically forwarded to their bank to authorize the payment. For further information about 3D Secure or to activate the service, the user must contact their bank.
6. payment via Apple Pay
Apple Pay is available as a payment method on iOS devices. A debit or credit card is required for payment, which can be stored in Apple Pay (Wallet). Once the account information has been stored once in the Apple Wallet, Apple Pay can be selected as the payment method in the LeipzigMOVE checkout process. The payment is then confirmed via Face ID or Touch ID before the user returns to the LeipzigMOVE app.
7. payment via Google Pay
Google Pay is available as a payment method on Android devices. A debit card, credit card or PayPal account is required for payment, which can be stored in Google Wallet. Once the account information has been stored once in Google Wallet, Google Pay can be selected as the payment method in the LeipzigMOVE checkout process.
8. payment by Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, Klarna "Pay now" is offered as a payment option. The payment is made to Klarna. Please note that the use of this payment method requires a positive credit check. Klarna checks and evaluates the user's data and exchanges data with other companies and credit agencies if there is a legitimate interest and reason to do so. The personal data is treated in accordance with the applicable data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy) and in accordance with the information in Klarna's privacy policy. The Klarna General Terms and Conditions apply (https://www.klarna.com/de/agb/)
9 SEPA direct debit
The billing period is one calendar month with monthly payment in accordance with the current price overview (available at: https://leipzig-move.de/partner), whereby the invoice amount is due on the 20th of the following month and is collected on this day. Invoices are sent by e-mail. It is sent to the user at least 2 days before the due date (pre-notification), insofar as there are outstanding claims from services rendered. The user is obliged to keep the invoice amount ready for debiting to the specified account on the due date. This applies accordingly to other claims due under the contract. Costs arising in particular from insufficient funds in the account, account closure or any other reason for which LVB is not responsible shall be borne by the user; these shall be due immediately. In the event of a returned direct debit for which the LVB is not responsible, the user's authorization to use the service will be automatically blocked and a new direct debit will be made by the LVB on the agreed collection date in the following month. The renewed collection includes all outstanding claims from the contract up to this point in time, the bank charges from the return debit note and a processing fee in accordance with Annex 2. Immediate unblocking of the usage authorization is possible by making a payment at the LVB sales offices or by providing proof in text form that all outstanding claims have been settled. Otherwise, the authorization will be unblocked after the outstanding amount has been settled by means of a new direct debit. In the event of another returned direct debit, the user will receive a reminder with a 10-day payment deadline. If the outstanding amount is not received by LVB within the payment period, the contract will be terminated (§ 10).
§ 6 Settlement and invoicing
- Billing is carried out in real time by the PSP in accordance with the current price overview (https://leipzig-move.de/partner). The tariff to be paid (e.g. as a usage unit) can be taken from the app before booking. The payment amount for each service provided is due immediately after its use and is debited from the stored means of payment. Notwithstanding this, further costs associated with the use and booking of mobility services may be invoiced in accordance with the usage fees (Annex 2) within the statutory limitation period. The charges for these services shall be due for payment at a later date and shall also be debited from the means of payment used to provide the service.
- Invoices shall be issued monthly by e-mail for all services rendered and paid for as well as the usage fees that have already fallen due by this time (Annex 2). The user is obliged to ensure that the specified means of payment or account has sufficient funds at the time of the debit and is not blocked. Costs incurred in particular due to insufficient funds in the account, account closure or any other reason for which LVB is not responsible shall be borne by the user; these shall be due immediately. In the event of a return debit note and/or chargeback for which LVB is not responsible, the user's authorization to use the service will be automatically blocked. A new collection of all outstanding debts, including bank charges and processing fees in accordance with Appendix 2, shall be made immediately after the first failed collection. The user authorization can be unblocked by providing proof in text form that all outstanding claims have been settled. Otherwise, the user authorization shall remain blocked until all outstanding claims have been settled. In the event of another return debit note and/or chargeback, the user will receive a link (paylink) with a 10-day payment deadline. If the outstanding amount is not received by LVB within the payment period, the contract will be terminated (see § 8).
- The following applies to price optimization (e.g. combining several one-way tickets into one day ticket) for ticket purchases in accordance with Annex 1.1:
- Trips made within 24 hours will generally be charged to the means of payment that was deposited as the primary means of payment for the last trip. If the customer has deposited several means of payment, LVB has the right to charge the purchases to a secondary means of payment if the purchases cannot be charged to the primary means of payment.
- An overview of individual ticket purchases can only be viewed by registered users via the LeipzigMOVE app. Due to price optimization, these are not displayed as individual purchase receipts on the invoice.
- Price optimization within a travel chain can only be applied if the user makes the ticket purchases with the same means of payment.
§ 7 Reimbursement
Any necessary refunds (e.g. in the event of incorrect price calculations) will be made to the user's means of payment used to settle the claim. Refunds are made at irregular intervals, with several services and refunds usually being refunded in a bundle. This may take place with a delay of up to 30 days after confirmation of the refund.
§ 8 Right of withdrawal
The right of withdrawal does not apply to the purchase of tickets (contracts for the transportation of persons, Section 312 (8) BGB) and the contracts specified in Section 312g (2) BGB.
§ 9 Cancellation policy LeipzigMOVE+
The user has the right to withdraw from the LeipzigMOVE+ contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract, i.e. from the date of registration. To exercise the right of withdrawal, the user must contact us, Leipziger Verkehrsbetriebe (LVB) GmbH, at the following address: Verkehrsbetriebe (LVB) GmbH Georgiring 3 04103 Leipzig verkehrsbetriebe@L.de by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract. The user may use the following model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If the user withdraws from the contract, any payments made by the user must be repaid immediately and at the latest within fourteen days from the day on which the notification of withdrawal from the contract is received by LVB. For this repayment, the LVB will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case will fees be charged for this repayment. The right of withdrawal expires if the LVB or one of its partners has provided the first transportation/service in full and the service has only begun after the user has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfillment of the contract by the entrepreneur. Express consent is deemed to have been given if the user has made use of the services of LVB or its partners and has thus confirmed that he/she is aware of this. Sample revocation To: Leipziger Verkehrsbetriebe (LVB) GmbH Georgiring 3 04103 Leipzig verkehrsbetriebe@L.de I hereby revoke the LeipzigMOVE+ contract concluded by me: Customer contract number: Registered on: Customer number: Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (only for notification on paper): Date:
§ 10 Termination
Ordinary termination
Ordinary termination is possible at the end of each calendar month, subject to the minimum contract term. If the contract is terminated at short notice at the end of the month (after the 20th of the current month), it may be necessary to debit the following month for technical reasons. This amount will be credited to the account by the end of the following month at the latest. Charges for return debits made by the customer will not be borne by LVB.
Extraordinary termination by the user/account holder
Extraordinary termination without notice is only possible for the following important reasons if the user
- moved to a place outside the MDV service area,
- objects to price increases or changes to the GTC at the expense of the user, whereby the right must be exercised within two weeks of receipt of the notification, or
- passes away.
Extraordinary termination by LVB Extraordinary termination is possible in particular for the following important reasons if
- the user does not fulfill due claims,
- the user violates the terms of use in accordance with Annexes 1.1 to 1.6 or
- a requirement under § 1 is not fulfilled.
Form of termination
Cancellation must be made in text form or via the cancellation button in the app. LVB is entitled to debit outstanding receivables from the contract from the payment methods stored, even after termination of the contract. The authorizations will be blocked at the end of the contract. The date of receipt is decisive for termination.
§ 11 Costs and processing fees
The cost reimbursement claims of LVB include in particular:
- Costs arising from insufficient funds in the specified account (e.g. bank charges and processing fees in accordance with Appendix 2),
- Costs arising from the user's failure to provide information in accordance with § 15 regarding account changes and closure as well as changes to personal data, in particular costs incurred by obtaining information from the residents' registration office,
- Costs arising from the objection to a correct direct debit or from the non-acceptance of a direct debit for a reason for which LVB is not responsible,
- Costs for processing outstanding claims after termination of the contractual relationship,
- other costs and fees, depending on the service used and for the cases listed in Annex 2.
Users can choose to receive invoices either by e-mail or by post. If the invoice is sent by post, a fee will be charged per invoice in accordance with Annex 2. The postal dispatch must be requested in text form from the LVB customer contact.
§ 12 Assignment/offsetting
The assignment of claims arising from the contract by the user is excluded. The user shall only have a right of set-off if his claim for set-off has been legally established or is undisputed.
§ 13 Information on the handling of personal data in accordance with Article 13 of the General Data Protection Regulation (GDPR)
The provision of data is necessary for the conclusion of a contract. The user is not obliged to provide the data, but no contractual relationship can then be established. The data protection information can be viewed at the following link: https://www.l.de/datenschutz/verkehrsbetriebe/leipzigmove/. The user data is processed for the following purposes:
- Design of the subject matter of the contract (§ 4)
- Information about other services offered by LVB and the partners listed in Appendix 3
- Market and opinion research
The LVB or the commissioned third party will only use the user's email address and telephone number to send advertising offers or for market and opinion research if the user has given the LVB or a commissioned third party consent to do so. The legal basis for processing is Art. 6 para. 1 lit. a), lit. b) and lit. f) GDPR. The legitimate interests consist in sending advertising and conducting market and opinion research.
§ 14 Liability of the LVB
The liability of the LVB, with the exception of liability for injury to the life, body or health of the user, is limited to intent and gross negligence on the part of the LVB or its legal representatives and vicarious agents. This does not affect LVB's liability for breach of material contractual obligations (= cardinal obligations). In this case, LVB shall only be liable for typical contractual, i.e. foreseeable damage. The LVB accepts no liability for items left behind in the means of transport offered on return. This does not apply in cases of intent or gross negligence on the part of LVB. The LVB is not liable for damage to items transported on the means of transport offered. LVB shall not be liable in the event of unauthorized and/or unlawful use of the means of transport offered in accordance with Annexes 1.1 to 1.6. LVB shall not be liable for ensuring that the information provided is correct and complete and reaches the user in good time. Further liability regulations are set out in Annexes 1.1 to 1.6.
§ 15 Notification obligations
The user is obliged to change changes to his contract data immediately in his personal login area in the LVB customer portal. If the user fails to comply with his obligation to provide information, LVB is entitled to charge the user for any additional expenses incurred as a result.
§ Section 16 Changes to the GTC and prices, adjustment of fees
Amendments to the GTC are permissible provided that they do not fundamentally change the contractual structure, in particular the equivalence of performance and consideration is not shifted to the detriment of the user. They are permissible in particular if a loophole or disruption of the equivalence relationship arises subsequently, e.g. due to a change in the legal situation, case law or market conditions or due to new technical developments or product enhancements. LVB reserves the right to adjust the price list. The user will be notified of changes to the GTC in text form or by e-mail at least three weeks before the change is made. With regard to the purchase of MDV tickets, please refer to the MDV, VMS, VVO, VVV and ZVON Uniform Conditions of Carriage and the tariff regulations of the MDV transport companies as amended.
§ 17 Fraud prevention / credit check
The legal basis for this processing in the context of fraud prevention / credit checks is Art. 6 para. 1 sentence 1 lit. f) GDPR in conjunction with LVB's legitimate interest in being able to detect and prevent fraud attempts to the detriment of LVB. More detailed information, in particular which data is processed, can be found in the data protection information (https://www.l.de/datenschutz/verkehrsbetriebe/leipzigmove/)can be taken.
§ 18 Consumer dispute resolution
The LVB has undertaken to participate in a dispute resolution procedure for the settlement of disputes with users in accordance with Section 4 of the söp statutes. The following body is responsible: söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. Fasanenstr. 81 10623 Berlin
§ 19 Place of performance and jurisdiction
The place of performance for the services or claims arising from the legal relationship on which this contract is based is Leipzig. The place of jurisdiction for disputes arising from the legal relationship established here is Leipzig. The law of the Federal Republic of Germany shall apply.
§ 20 Other provisions
The legal invalidity of individual parts and provisions of the contract of use and these GTC shall not affect the validity of the remaining provisions.
Attachments
1.1 Terms of use for purchasing MDV tickets 1.2 Terms of use for car sharing 1.3 Terms of use for bike sharing 1.4 Terms of use for cabs 1.5 Terms of use for e-scooters 1.6 Terms of use for Bike+Ride 2 Fee overviews 3 Partner overviews
Annex 1.1 - Terms of use for the purchase of MDV tickets
§ 1 Object
This Annex regulates the rights and obligations of users who make use of the function for the cashless purchase of tickets of the Central German Transport Association (MDV) at sales points, at sales devices and via the LeipzigMOVE app.
§ 2 LeipzigMOVE+
Users with a LeipzigMOVE+ contract also have the option of purchasing discounted tickets in accordance with the MDV fare conditions (see 3.4.4) for ABO Flex. Within the framework of a LeipzigMOVE+ contract, a basic monthly fare is payable in accordance with Annex 2.
§ 3 Tariffs of the MDV
The Uniform Conditions of Carriage of the MDV, VMS, VVO, VVV and ZVON and the fare regulations of the MDV transport companies in the currently valid version as well as the Deutschlandticket apply to the purchase of tickets. Can be viewed at: https://www.l.de/verkehrsbetriebe/agb/ or at the LVB sales offices. These also apply to transportation with the LVB Flexa offer.
§ 4 Assortment
The following tickets can be purchased for all price levels:
- Short distance (discounted with LeipzigMOVE+ according to § 2)
- Extra ticket (discounted with LeipzigMOVE+ according to § 2)
- One-way tickets for adults (discounted with LeipzigMOVE+ according to § 2)
- One-way ticket for children
- 24-hour ticket for children and for 1 - 5 persons (no 24-hour ticket for children is offered for the Leipzig price level)
- 24-hour ticket Plus for 1 - 5 people (Leipzig price level only)
- Weekly ticket
- Weekly ticket for trainees
- Monthly pass
- Monthly pass for trainees
- Monthly pass Leipzig-Pass-Mobilcard
- Leipzig Card day ticket
- Leipzig Card 3-day ticket
- Leipzig Card 3-day group ticket (2 persons with up to 3 children)
- Leipzig Regio Card day ticket for 1 or up to 5 people
- Leipzig Regio Card 3-day ticket for 1 or up to 5 people
- MDV-Hopperticket single journey
- MDV-Hopperticket return journey
§ 5 Turnover limit
A turnover limit of €300.00 per calendar month applies to services in this system. When the limit is reached, the system is temporarily deactivated for the remainder of the calendar month. Automatic reactivation takes place at the start of the (subsequent) billing period.
§ 6 Check-in/check-out function (CiCo)
The CiCo function in LeipzigMOVE automatically optimizes prices within 24 hours. To use this and start the journey, the user must trigger the "Board" swipe in the LeipzigMOVE app before boarding. As soon as the user has got off at their destination and the journey is to be ended, the "Get off" button must be pressed in the LeipzigMOVE app. The app automatically recognizes changes between connections and vehicles. The correct ticket combination for all CiCo journeys made within 24 hours is then determined and the user's means of payment is debited with the final amount or the respective ticket prices. The maximum final price within 24 hours corresponds to a 24-hour ticket for one person. Due to the retrospective fare calculation, the free transport of up to three children included in the 24-hour travelcard Plus for fare zone 110 no longer applies.
Annex 1.2 - Terms of Use Carsharing
§ 1 Object
This annex regulates the rights and obligations of users who make use of the car sharing service. The vehicles are made available via the network of the partner contractually bound by the LVB in accordance with Annex 3. The network uses the services of the integrated car sharing partners.
§ 2 Travel authorization
- To activate car sharing services, a valid class B driver's license must be added to the profile in the LeipzigMOVE app and then presented at an LVB sales office and must be checked repeatedly upon request.
- Access to specific vehicles may be subject to an additional age restriction (e.g. only from the age of 21).
- The use of vehicles may be denied due to previous repeated breaches of contract in the car sharing network (partners according to Annex 3).
- The user undertakes to take all reasonable precautions to prevent unauthorized third parties from using the website.
§ 3 Vehicle access and customer PIN
Access to the vehicle is based on the specific booking with the PIN chosen by the customer in combination with the LeipzigMOVE app. Passing on the access data and/or PIN is not permitted. The loss of the access data and/or PIN must be reported immediately. Otherwise, the user shall be liable for all damages caused by the loss or disclosure of the access data and/or the user PIN, in particular if this has enabled the theft of vehicles.
§ 4 Booking
The user can book a vehicle by specifying the period of use via the LeipzigMOVE app. The user is not entitled to a specific vehicle. LVB is entitled to provide a comparable vehicle of the booked vehicle class. LVB or its partners (Annex 3) may record the booking conversations on audio media following prior notification and with the corresponding consent of the user and use the recording to clarify any ambiguities regarding the booking process. These recordings will be deleted three months after settlement of the relevant journeys.
§ 5 Useful life
Bookings can begin and end at any full quarter of an hour. The time from the beginning of the booking period to the end of the booking time or to the proper return in accordance with § 13 of this annex is always charged. The first hour started will be charged in full, thereafter in time units of 30 minutes.
§ 6 Cancellations, shortening of the rental period
A booking can be partially or fully canceled. Cancellation free of charge is possible as long before the start of the period of use as the booked rental period is long, but at least up to 24 hours before the start of the booking. Cancellation is also free of charge if no vehicle can be made available. In all other cases, LVB is entitled to charge cancellation costs amounting to half of the hourly rate of the canceled booking period as lump-sum compensation. The user reserves the right to prove that no or less damage has been incurred. The LVB or its partners (Annex 3) will inform the user, as far as possible, if the booked vehicle cannot be made available, contrary to expectations. Vehicle replacement will be offered subject to availability.
§ 7 Carrying a valid driving license
The user undertakes to carry his valid class B driving license with him on every journey. The right to drive in accordance with § 2 of this Annex is subject to the continued, uninterrupted possession of this driving license and compliance with all conditions contained therein. It expires immediately in the event of withdrawal, temporary seizure or loss of the driving license. The user is obliged to inform the LVB immediately of the loss or restriction of the driving license. These regulations also apply to authorized drivers in accordance with § 2 of this annex.
§ 8 Checking the vehicle before driving off
The user is obliged to check the vehicle for recognizable defects/damage before the start of the journey and to compare it with the damage list in the vehicle. Any defects detected and/or noticeable (e.g. visible and audible) must be reported to LVB by telephone (+49 341 4921000) before or immediately before the start of the journey, unless they are specified in the damage list (new damage). If the user does not report any new damage, the vehicle is deemed to be visually and technically flawless, with the exception of damage already included in the damage list. If there is damage to the vehicle that suggests that the safety of the vehicle's operation is impaired, the booked vehicle may only be used with the express consent of the LVB. Consent to use the vehicle will not be unreasonably withheld.
§ 9 Use of the vehicles
The person entitled to travel (§ 2 of this Annex) must
- handle the vehicle with care and use it in accordance with the instructions in the manuals, the vehicle documents and the manufacturer's specifications.
- to refuel the vehicle only with the authorized or approved fuel using the fuel card in the vehicle.
- check the operating fluids and tire pressure before setting off.
- to behave in a roadworthy manner, to observe the legal regulations (in particular clearance heights and widths, payload and total weight, load securing) and to ensure a material-friendly driving style.
- Use child seats in accordance with the manufacturer's instructions or the instructions in the vehicle.
- properly secure the vehicle against theft.
- to leave the vehicle clean. A vehicle is deemed to be unclean or dirty in the above sense in particular if the interior shows stains, waste, green waste, ash, tobacco smoke, soiling caused by the transportation of animals, road dirt, mud or similar and the soiling of the vehicle exterior goes beyond normal signs of use caused by the weather.
- treat the rental station with care; any gates or barriers must be closed after passing through.
- to commission cost-incurring measures (e.g. repair and towing orders) only with the prior consent of the LVB.
- to use the vehicle only for leisure activities, provided he is a consumer.
Use is prohibited in the following cases:
- Commercial passenger transportation or other commercial passenger transportation
- Subletting and passing on to third parties not authorized to drive
- motorsport purposes, e.g. for racing
- Safety training and other vehicle tests
- Commitment of criminal offenses
- Transportation of highly flammable, toxic or otherwise hazardous substances,
- Transportation of objects that could impair driving safety or damage the vehicle/interior (e.g. due to size, shape or weight)
- Animal transportation, except in a closed transport container/cage, which must be securely located in the trunk of the vehicle
- Trips outside the countries listed on the green insurance card
- if the driver is under the influence of alcohol (blood alcohol limit: 0.0 ‰), drugs, medication or other intoxicating substances that may impair their ability to drive; smoking is prohibited
- Transportation of children without the required child seat device
In the event of improper use, the LVB is entitled to charge fees in accordance with Appendix 2.
§ 10 Liability of the user
-
- General liability rules, excess: In the event of vehicle damage, vehicle loss and breaches of this user contract, the user is generally liable in accordance with the general liability rules up to the amount of the excess (§ 11 of this annex). The user's liability also extends to ancillary damage costs, such as expert costs, towing costs, reduction in value, loss of use.
- Operating and handling errors, breaches of § 9 of this appendix: The limitation of liability to the deductible does not cover, in particular, damage caused by incorrect handling and/or operation of the vehicle (e.g. incorrect refueling, switching errors, ignoring warning lights, improper loading and unloading and inadequately secured loads, failure to observe clearance heights or widths). If LVB suffers damage in the event of a culpable breach of the user's obligations under § 9 of this Annex, the user shall be fully liable for the entire damage in addition to the deductible.
If the vehicle has to be cleaned/fueled as a result of the vehicle owner's failure to clean/fuel the vehicle, LVB shall be entitled to demand lump-sum compensation for the costs incurred for this, subject to proof of higher costs, in accordance with Appendix 2. The customer reserves the right to prove that no or less damage was incurred. If the customer causes a technician and/or a third party to be deployed due to improper operation of the vehicle or access technology or non-compliance with rules (e.g. incorrect refueling, starting a power consumer, multiple incorrect PIN entries, improper return, need for towing), the customer will be charged costs against proof. The customer reserves the right to prove that no or only minor expenses were incurred.
- Intentional and grossly negligent causation of damage: There is no insurance cover for damage caused intentionally by the user or his vicarious agents or authorized drivers and the user's liability is not limited to the agreed excess. In the event of damage caused by gross negligence, the extent of the user's liability shall be assessed in accordance with the severity of the fault in proportion to the ratio within the meaning of Section 81 (2) VVG, without limitation to an agreed excess.
- Breach of contractual obligations (duties): The user shall be liable in full, regardless of any agreed deductible, if an obligation to be fulfilled by him, in particular in the event of a breach of his obligations under § 12 of this Annex, has been intentionally breached. In the event of a grossly negligent breach of an obligation to be fulfilled by the user, the extent of the user's liability shall be assessed in proportion to the severity of the fault within the meaning of § 28 (2), (3) VVG, irrespective of the deductible. The burden of proof for the absence of gross negligence shall be borne by the user. Notwithstanding this, the agreed deductible per claim shall remain in place if the breach of the obligation is neither the cause of the occurrence of the claim nor the cause of the determination or the extent of the claim by the LVB or its partner. This does not apply if the obligation was fraudulently breached.
- Violations of the law, administrative offenses: The user shall be liable for any violations of the law committed by him/her, in particular traffic and administrative offenses during the period of use and in connection with the parking of the vehicle. The user undertakes to indemnify LVB and its partners against all fines and warnings, fees, costs and expenses levied by the authorities or courts or other third parties in connection with the aforementioned violations. If the LVB incurs costs from the processing of such administrative offenses and criminal offenses, the user must reimburse these costs. The LVB is entitled to charge fees in accordance with Annex 2.
- Scope of application of this regulation: All of the above regulations apply not only to the user but also to the authorized drivers, whereby a contractually agreed excess does not apply in favour of third parties who are not authorized to drive.
§ 11 Insurance, deductible
All vehicles are covered by statutory liability and comprehensive insurance. The deductible to be paid by the user in the event of damage is set out in Annex 2. The agreed deductible only applies to authorized drivers in accordance with § 2 of this Annex and only for the contractually agreed period of use, not for unreported or subsequently reported excess periods of use.
§ 12 Accidents, theft and duty of disclosure
After an accident, theft, fire, damage caused by game or other damage, the user must inform the police immediately and report the damage immediately by telephone (+49 341 4921000). This also applies to minor damage and accidents caused by the user without the involvement of third parties. In the event of damage involving third parties, the user may not make any admission of guilt. The user must inform LVB truthfully, fully and carefully of all details in text form within three days of the loss event. In the event that the user is injured in the event of damage and it is not possible to provide information, the information period shall be extended until such time as the user can reasonably be expected to return to normal health. If the user is partly or wholly responsible for a traffic accident, the LVB is entitled to demand compensation in accordance with Appendix 2.
§ 13 Return of the vehicles
At the end of the agreed period of use, the user is obliged to return the vehicle properly to the specified station, i.e. with all documents included, locked (doors and windows locked), with electrical consumers switched off, with a quarter-full tank and with the vehicle keys deposited in the prescribed place. Reference is made to § 10 of this appendix.
§ 14 Delays
If the user cannot meet the return time specified in the booking, they must extend the booking period before the initially agreed return time by telephone (+49 341 492 1000) or by app. If an extension is not possible due to a subsequent booking and the original return time cannot actually be met, LVB is entitled to charge for the time exceeding the booking time. If the user is responsible for the delay, LVB will charge a fee based on the duration of the delay in accordance with Appendix 2. If the delay is not reported to LVB before the end of the original booking period, the fee rates will be doubled. LVB reserves the right to claim further damages in the event of a breach of the obligation to return the vehicle by the user. If the user who initiated the subsequent booking asserts justified claims arising from the unavailability of the vehicle due to the late return, the user who overstays the booking time must indemnify LVB and its partners against this or reimburse LVB for amounts already spent on settlement, regardless of the reason for the overstay. This does not apply if the user is not responsible for the late return.
§ 15 Reimbursement of expenses
After checking the correctness of submitted receipts (e.g. for refueling the vehicle at a non-participating service station according to the fuel card), the amount is credited to the user's original means of payment.
Annex 1.3 - Terms of use for bike sharing
§ 1 Object
This Annex regulates the rights and obligations of users who make use of the bike sharing service. The rental bike is provided by the partner contractually bound by the LVB (Annex 3). LVB rents out bicycles, e-bikes and bicycle parking spaces within the scope of this contract, insofar as these are available. Collection and return are possible fully automatically via LeipzigMOVE in accordance with the following regulations.
§ 2 Usage regulations
- The rental bikes may not be used:
- persons under the age of 18 (unless accompanied by an adult),
- for the transportation of passengers, in particular small children (exception: transport bikes for children up to the age of 7; transported children must be strapped in with the seat belt provided),
- for journeys outside Germany,
- for the transportation of highly flammable, explosive, toxic or hazardous substances,
- for participation in bicycle races or bicycle test events,
- for subletting,
- during storms or severe weather,
- of drivers who are under the influence of alcohol or drugs.
- The user is obliged to observe the rules of the German Road Traffic Regulations (StVO).
- The rental bikes may not be ridden hands-free at any time.
- It is not permitted to use the transport basket of the rental bike in an improper manner, in particular to exceed the permissible load of 5 kg. Furthermore, the user must ensure that objects are properly secured when transporting them. Loading areas of transport bikes may be loaded up to a maximum load of 70 kg.
- The maximum permissible total weight of a rental bike including luggage and user is 120 kg.
- It is prohibited to tamper with or modify the rental bike or to secure the rental bike with a lock other than the one provided.
- In the event of unauthorized use, LVB is entitled to block the user's user data at any time and to prohibit the user from further use of the rental bikes.
- After receiving the return notification for the rental bike used, the user may no longer use the rental bike. In order for this user to use the rental bike again, a new rental is required.
- If a customer allows a third party to use a rented bicycle, the customer must ensure that the third party observes the provisions of these GTC in the same way as a customer. The customer shall be responsible to the LVB for the actions of the third party as if they were his own actions. When transferring the rented bicycle to a third party, it must be ensured in particular that the third party has reached the age of 18.
- The rented bicycle may only be used for the purpose of leisure activities, provided that he is a consumer.
§ 3 Rental limit
Each user can rent up to four bikes at the same time with their user data. The user is responsible for the rental fees and user charges incurred in accordance with Appendix 2.
§ 4 Useful life
- The chargeable rental of a rental bike begins with the automatic unlocking of the bike lock using the LeipzigMOVE app.
- The user shall notify LVB of the intention to terminate the rental (in accordance with the provisions of § 7 of this Annex). Upon receipt of this return notification by LVB, the rental period and thus the calculation of travel costs for the User shall end. The return process is completed as soon as the User has received the return confirmation via the LeipzigMOVE app.
- Billing takes place in time units of 15 minutes. The current price overview for Leipzig can be viewed at https://leipzig-move.de/partner. Any granted and unused inclusive volumes expire at the end of the month. This does not apply to alternative promotions which are made available to a specific customer group. Not every customer is entitled to participate in such promotions. The prices for rentals outside Leipzig can be viewed on the respective provider's system page.
- Problems with collection or return must be reported immediately to Customer Service on +49 341 4921000. Subsequent notifications and associated recourse claims are not valid.
§ 5 Condition of the rental bike
- Before using the bike, the user must familiarize themselves with how the rental bike works.
- The user is obliged to check the rental bike for road safety, functionality and defects before starting the journey, in particular to check that all safety-relevant screws are tight, that the frame is in good condition, that the tires are inflated and that the lights and brake system are working properly.
- If there is a technical defect at the start of use that could obviously impair road safety or if it occurs during use, the user must inform Customer Service immediately, stop using the rental bike immediately and repair it in accordance with § 6 and § 7 of this Annex. Defects such as tire damage, rim damage or gear shifting defects must also be reported to Customer Service immediately. If the bike is found unlocked, the customer is obliged to report this by telephone.
§ 6 Parking and parking the rental bike
- The bike must be parked in a clearly visible place. The user undertakes to comply with the rules of the German Road Traffic Regulations (StVO) whenever parking a rental bike and to ensure that the rental bike does not impair road safety, obstruct other road users or damage vehicles and other objects. In any case, the stand of the rental bike must be used for parking or the bike must be pushed into a stand provided for this purpose at the relevant station.
- In particular, the rental bike may not be parked or parked
- at traffic lights,
- at parking ticket machines or parking meters,
- road signs,
- on footpaths, if this results in a passage width of less than 1.50 meters,
- in front of, on and along escape routes and fire department access zones,
- if this conceals the stationary advertising of a third party,
- by locking the fences of private or public houses and facilities
- on public transport platforms and bus platforms
- at public bicycle racks
- in buildings, backyards or in vehicles
- on guidance systems for the blind
- at or in front of letterboxes
- in front of gates and doors or in their swing area
- in or in front of driveways.
- The rental bike must be locked correctly and securely, even if the user is only parking it temporarily.
- The user is prohibited from parking the rental bikes permanently in parks/green spaces or on non-public land. The rental bikes may only be parked temporarily on non-public land with the permission of the owner or authorized party.
- In the event of non-compliance, service charges will be levied, which can be found in Appendix 2. In addition, LVB will charge the user any official fees that may be incurred. LVB expressly reserves the right to assert a claim for damages over and above the contractual penalty.
§ 7 Return regulations
- Rental bikes may not be returned outside the defined area of use. The area of use is defined as the city in which the bike is rented.
- To return the bike, it must be parked in a clearly visible location (flex zone or station) as published on the Internet or in the LeipzigMOVE app.
- In cities with flex zones, which can be viewed on the map in the LeipzigMOVE app, a return is possible under the conditions of the respective flex zone. The conditions may differ from the Leipzig conditions. The user is obliged to inform himself in advance via the websites of the providers.
- Bicycles may not be returned in parks/green spaces or on non-public land.
- The user is obliged to notify LVB of the termination of the rental relationship by telephone, online, at the rental terminal or on-board computer and to provide the exact location (station name or number, GPS coordinates or address) or (if the return takes place automatically after closing the lock) to check in the LeipzigMOVE app whether the automatic return was successful.
- Due to possible queries by the LVB, the user is obliged to be able to name the place of return at least 48 hours after the end of the rental period.
- If the user does not return the rental bike in accordance with § 6 and § 7 of this Annex, provides incorrect information about the location or forgets to return the bike, a service fee will be charged in accordance with Annex 2. In the event of incorrect return behavior, it is irrelevant whether the bike has already been rented outside the flex zone or away from a station. The service fee of the previous user does not cover the misconduct of the next user. In addition, the LVB will charge the user for any official fees incurred. LVB expressly reserves the right to assert a claim for damages over and above the contractual penalty.
§ 8 Liability of the user
- The use of the LVB rental bike is at the user's own risk. Any damage caused by the user shall be borne by the user. The user is responsible for insuring against liability claims (third-party damage). Claims for recourse by the LVB's liability insurer against the customer remain unaffected.
- The user is liable for the consequences of traffic violations or criminal offenses committed by him/her during use. The user shall be liable for all resulting costs and shall fully indemnify the LVB against any third-party claims.
- The user shall be liable for all costs and damages incurred by the LVB as a result of a breach of the obligations listed in the aforementioned clauses, in particular the obligation to notify and cooperate.
- The user must immediately report the theft of a rental bike during the rental period to customer service and to a responsible police station, stating the rental bike license plate number (bike number). Following the police report, the police file number must be sent to Customer Service on +49 341 4921000.
§ 9 Behavior in the event of an accident
In the event of an accident involving third party property or other persons in addition to the user, the user is obliged to inform the police and customer service immediately. If the user fails to comply with this duty of notification, he/she shall be liable for any damage resulting from the breach of this obligation.
Annex 1.4 - Terms of use Taxi
§1 Object
- This annex regulates the rights and obligations of users who make use of the cab service. The cab service is provided by the partners contractually bound by the LVB (Annex 3).
- Requesting a cab via the LeipzigMOVE app is free of charge for the user. A request can be made for immediate transportation or for transportation at a later date. The request is only possible for journeys within the service area of the partners. It is up to the LVB to decide which partner the request is sent to.
- A passenger transportation contract is concluded between the user and the respective partner as part of the transportation service. The respective general terms and conditions of the partner apply to the transportation. LVB arranges the user's requests with the partner. It acts towards the users in the name and for the account of the partner. LVB does not provide any service beyond the mere brokerage activity, unless these GTC expressly stipulate otherwise.
- The request can be changed or canceled free of charge at any time before the start of the journey via the LeipzigMOVE app. The destination specified in a request is not binding - the destination can be changed during the journey.
- The user must indicate any special transportation requests, in particular due to health requirements or arrival dates, at the time of the request, at the latest at the start of the journey.
- At the end of the cab ride, the user or a person driving on his behalf is obliged to confirm the completion of the ride by signing it.
- Only journeys booked with the partners via the LeipzigMOVE app are billed via this contract. All journeys made by the user outside of these conditions cannot be billed via this contract. Cab journeys up to a maximum invoice amount of € 80.00 (gross price according to taximeter) can be billed via this contract.
- The user is obliged to provide correct and truthful data in the course of a request.
§ 2 Costs and fees
- For journeys within the compulsory travel area of the City of Leipzig, the ordinance on transportation charges and conditions for occasional transportation by cab in the compulsory travel area of Leipzig (transportation charge ordinance) valid at the time of transportation shall apply.
- For journeys outside the compulsory travel area, the fare can be freely agreed before the start of the journey. If no agreement is made, the taximeter is decisive.
- Prices quoted in the LeipzigMOVE app are estimates. The price charged by the cab driver at the end of the journey is decisive for invoicing.
§ 3 Availability
As part of the user's request, this is transferred to the partners. There is no guarantee of success to the extent that this results in a transportation contract with the cab operator. No guarantee is given for the actual execution of an offered tour/ride request.
§ 4 Liability
- Any claims arising from the transportation of passengers relate exclusively to the relationship between the partner and the user himself.
- LVB is not liable for damages resulting from a journey that cannot be carried out or is started late.
- The user must report any damage immediately after the end of the journey either to the partner or to LVB.
Annex 1.5 - Terms of use for e-scooters
§ 1 Object
This Annex governs the rights and obligations of users who make use of the e-scooter service. The e-scooters are provided by the partners contractually bound by LVB (Annex 3). The LeipzigMOVE app enables the availability of a vehicle for locating, activating, using and deactivating it in the defined service areas of the Federal Republic of Germany. There is no guarantee for the availability of vehicles. The transfer of the use of vehicles to third parties is not permitted, even if the third party is a customer. Failure to comply with the following conditions may result in refusal or blocking of the use of the services.
§ 2 Responsibility of the user
- The user is obliged to treat the vehicle with care and attention, not to leave it unattended during the rental period, to comply with the applicable traffic regulations and not to endanger the rights and legal interests of third parties by using the vehicle. The vehicles are electric vehicles that require safe and careful handling.
- Physical fitness: The user must be physically fit and adequately familiar with the handling of the vehicle, in particular with regard to participation in road traffic and compliance with the applicable traffic and regulatory regulations.
- Appropriate riding behavior: The user is responsible for adapting his/her driving behavior to external circumstances and for assessing his/her general performance, state of health, weather conditions (e.g. rain, fog, snow, hail, ice, heat or thunderstorms) and/or other factors that may pose a risk to the use of a vehicle. The user decides whether and how to use the vehicle under the respective weather and traffic conditions or other circumstances, imponderables or other factors. Speed, driving behavior and braking distance must be adapted to the respective conditions. In the interests of the environment, the general public and other users, the user must ensure that the vehicle is driven in an environmentally friendly, energy-saving and proper manner.
- Vehicle condition: Before using the vehicle, the user must carry out a basic safety check of the vehicle with a visual inspection, a check of the battery capacity and a check of the functionality of the brakes. In the event of abnormalities (such as visible damage to the vehicle wheels, brakes, lights or the vehicle frame, abnormalities in the battery level, signs of unusual or excessive wear or other visible damage to the vehicle or a malfunction of the brakes), the vehicle must not be used and the LVB must be notified accordingly.
§ 3 Availability of the offer
- The vehicles can only be used if they are marked accordingly in the LeipzigMOVE app. In individual cases, it cannot be ruled out that there may be deviations between the actual and displayed location due to inaccuracies in the GPS signal.
- Availability may vary due to high demand within and between different areas of use and cannot be guaranteed at all times. Access to the service may be restricted in some areas of operation if this is necessary to ensure the safety of the user or the vehicles or has been instructed by the authorities (e.g. during demonstrations, speed reduction by the vehicle due to speed limits, e.g. in pedestrian zones in bad weather conditions or similar circumstances). § Section 2 of this annex remains unaffected.
- Notes on the battery level:
- The battery level of the respective vehicle is indicated in the LeipzigMOVE app. The user is responsible for checking the battery level to ensure that it is sufficiently charged before using the vehicle.
- The remaining battery level of the vehicle decreases with the service life of the vehicle. Furthermore, operational readiness and speed may decrease or come to a complete standstill as the battery level decreases.
- The discharge rate of the battery may vary due to various factors, such as the condition of the vehicle and battery, weather and road conditions, use of the vehicle and/or factors beyond our control. It is therefore not possible to determine a specific distance that the vehicle may be able to travel with a specific battery level. If the user is not sure whether the battery level is sufficient for the distance of his destination, he should reconsider the intended use of the vehicle.
§ 4 Usage regulations
- Various areas of use: The vehicle may only be activated, used, temporarily parked and deactivated within the respective operating area under the regulations applicable there in which the vehicle was activated. The local operating area is displayed in the LeipzigMOVE app. Unless otherwise regulated regionally (e.g. via marked parking areas), the parking regulations applicable to bicycles apply in accordance with Section 11 (5) of the Ordinance on Small Electric Vehicles.
- The rental period begins when the vehicle is activated and ends when it is deactivated (proper return or the maximum rental period has expired). The applicable activation price and the price per minute are displayed in the LeipzigMOVE app before the start of the journey.
- The maximum rental period for a vehicle is 60 minutes. At the end of this period, vehicle operation shall be terminated automatically. At this point, the user must ensure that the vehicle has been parked in accordance with this agreement (§ 4 Para. 5 of this annex).
- Activation, use and temporary parking of vehicles:
- To use a vehicle, it must be activated via the LeipzigMOVE app (internet connection required). The user is responsible for the proper functioning of the mobile device used.
- The user can park the vehicle temporarily via the LeipzigMOVE app. In this case, the user is responsible for reactivating the vehicle. The rental period continues while the vehicle is temporarily parked.
- The user undertakes to use and temporarily park the vehicle in accordance with local law, including local road traffic and other local regulations and with consideration for pedestrians, third party property and general traffic, e.g. (where permitted by local regulations) by driving on cycle paths instead of sidewalks, observing walking speed when driving in pedestrian zones, etc.
- Parking and deactivating vehicles:
- The user is responsible for parking and deactivating the vehicle at the end of the rental period. The vehicle must be parked in the designated areas (see § 4 para. 1 of this Annex) and deactivated via the LeipzigMOVE app.
- If the user does not deactivate the rental process via the LeipzigMOVE app after parking the vehicle, the rental process is automatically initiated if the vehicle has not been moved or otherwise used for 60 minutes.
- The user must obtain information about the boundaries of the service area, no-parking zones and parking options via the LeipzigMOVE app before renting. LVB reserves the right to charge a fee in accordance with Annex 2 if the parking regulations are violated. If necessary, the rental cannot be terminated outside the service area and in accordance with the regional parking regulations (e.g. in the case of marked parking areas).
- Parking and deactivating in a no-parking zone or day-, time- or vehicle-related parking authorization, on private and company property (e.g. parking lots of shopping centers, supermarkets, restaurants, bars, universities and other public facilities), in a closed or non-public area (e.g. backyards, parking garages, indoor spaces) or contrary to local traffic regulations and/or other legal provisions is prohibited. If we consider a vehicle to be lost or stolen, please refer to § 5 of this appendix.
- Parking, temporarily stopping or deactivating in places where there is an increased risk of damage to the vehicle is prohibited. When parking and deactivating, the vehicle must be in a visible area.
- The user is obliged to park the vehicle in accordance with local law and with consideration for pedestrians, the property of third parties and general traffic as follows (insofar as permitted by local law):
- i. on the footpath near a wall or marked parking spaces (if required by the regional system) or using bicycle or vehicle racks
- ii. on the stand in an upright and stable parking position.
- In particular, the vehicle may not be parked as follows: on access ramps or paths, across the roadway or sidewalk, in intersection areas or otherwise obstructing road traffic, at trees, traffic signs, traffic lights, parking meters, vending machines, third-party fences, benches, containers, garbage containers, in front of or near emergency exits and fire departments, in front of entrances and exits, in no-stopping zones, bus stops or in access roads to public transportation, on cycle paths, on crosswalks, in buildings, rear courtyards, on other vehicles, in parks and green spaces, in front of advertising or street furniture, in areas reserved for other users or services, on aids for the orientation of blind people, in places where the space for wheelchair users and people with disabilities would be restricted.
- Discounts can be offered if the user temporarily parks or deactivates a defined vehicle in a prescribed parking area in accordance with an offer from the LVB.
- In the deactivation process, the user must take a photo of the vehicle they are using when parking at the end of the journey. The photo should clearly show that the user has parked the vehicle properly. The entire vehicle must be clearly recognizable in the photo. The LVB reserves the right to use this photo
- for the above-mentioned purpose of the benefit or
- >to ensure that the user has parked properly.
- If the vehicle has been parked or deactivated in a no-parking zone or otherwise outside an operational area, it may no longer be possible to reactivate it.
- If the rental process cannot be terminated despite compliance with the aforementioned regulations, the user must report this immediately by telephone (+49 341 4921000) and agree on how to proceed.
- Safety measures during use: The user is obliged to use the vehicle safely and to avoid accidents, damage to property and personal injury, in particular by ensuring the following:
- No transportation of highly flammable, toxic or otherwise hazardous substances if they significantly exceed normal household quantities.
- No use of the vehicle for the transportation of objects or substances which, due to their nature, size, shape or weight, could impair driving safety or damage the vehicle,
- Exclusive personal use of the vehicle. It is prohibited to take a second person, child or animal on the vehicle.
- Compliance with the maximum permissible weight of 100 kg when using the vehicle, including all items carried by the user in accordance with the provisions of this agreement.
- Non-use of mobile devices, in particular telephone and messaging devices, media players or other devices during vehicle operation that distract from or impair the safe use of the vehicle. The use of a mobile device in the holder on the vehicle is at your own risk. LVB is not liable for the loss of or damage to a mobile device that falls off.
- No use of a vehicle under the influence of alcohol (0.0‰), drugs, medication or other substances that could impair the ability to use a vehicle safely.
- Wearing a safety helmet with CE certification or an equivalent or higher standard, properly fitted and fastened in the correct size according to the manufacturer's instructions, and wearing all other appropriate protective equipment when using the vehicle.
- No use of the vehicle for off-road driving, competitions, races or similar events, including professional and non-professional stunt or artistic driving.
- Proper use of the offer:
- The user must return the vehicle in the same condition as it was provided in terms of visual and technical condition. Modification or unauthorized repair of the vehicle is prohibited.
- The service may only be used in accordance with and for the purposes set out in this agreement. The user may only use the service for his own consumer purposes, not for commercial purposes (e.g. courier trips, pizza delivery).
- The offer may not be used or made available for use for illegal or unethical purposes or in any other way.
- LVB reserves the right to charge fees in accordance with Annex 2 if the conditions set out in this Annex are breached.
§ 5 Lost, stolen, damaged vehicles
The user is responsible for deactivating and parking a vehicle within an area of use. The vehicle may only be locked in any way or parked out of public view when in active use. If the vehicle is not deactivated or parked within the maximum period of use described in § 4 Para. 3 of this Annex, the User shall be liable for a lost or stolen vehicle in accordance with the following provisions:
- The LVB shall charge a fee in accordance with Annex 2 if the vehicle is deemed to have been lost, i.e. the maximum period of use (in accordance with § 4 Para. 3 of this Annex) has been exceeded and no attempt to block the vehicle or requests to terminate the journey by the user could be established. The user is free to prove that less damage has actually been incurred. LVB reserves the right to provide evidence of actual higher damage.
- A vehicle activated by the user can be considered lost or stolen if
- the vehicle's GPS unit has been intentionally deactivated,
- the vehicle moves after deactivation and the LVB has reason to believe that this movement was not caused by another user or an authorized third party, or
- the LVB reasonably believes that other facts and circumstances indicate that a vehicle has been lost or stolen.
- If LVB or a partner in accordance with Annex 3 considers a vehicle to be lost or stolen for justified reasons, LVB or the partner in accordance with Annex 3 shall take all appropriate measures to recover the vehicle.
§ 6 Liability of the user
- The user is responsible and liable for all damage culpably caused by him. This also applies to damage resulting from non-compliance with the conditions set out in this Annex. This also includes all indirect damage such as loss of income due to unpaid driving as a result of tampering with the vehicle and the manipulation of a vehicle, as a result of which use by other users is no longer possible. The user is also liable for contractual claims and damage caused by misuse as a result of the transfer of access data or vehicles to third parties (in particular minors). If the vehicle is culpably damaged during the period of use, the user must reimburse the costs of repairing the damage, up to a maximum of the replacement value. Any compensation payments made by the insurance company will be taken into account. Any limitations of liability for damage to the vehicle in favor of the user shall not apply if the user has caused the damage/loss intentionally or through gross negligence.
- Culpably caused damage to third parties shall be covered by the liability insurance in accordance with § 7 of this Annex.
§ 7 Insurance
All vehicles are covered by liability insurance in Germany. If a third party is injured during use, the existing liability insurance will cover this. The insurance company reserves the right to take recourse against the user in the event of intentional or grossly negligent damage.
§ 8 Accidents, loss, duty of disclosure
- Any accidents, collisions, damage (e.g. if a warning light or fault indicator lights up in the display in the driver's area), bodily injury, stolen or lost vehicles or similar incidents must be reported to the LVB immediately. In the event of damage, it must be agreed by telephone whether the journey can be continued.
- An accident involving personal injury, damage to property or other damage to third parties must be reported to the local police immediately. This also applies if the vehicle is stolen during the activation period. The relevant documentation must be handed over for further arrangements with the LVB and the partner's insurance company in accordance with Annex 3. If the police refuse to record an accident or if this is not possible for other reasons, the user must inform the police immediately by telephone and coordinate the further procedure by calling +49 341 492 1000. This applies regardless of whether the accident was self-inflicted or caused by a third party. The user may only leave the scene of the accident after
- the police recording has been completed or, in the event of refusal of the police recording, a telephone agreement has been reached and
- measures have been taken to preserve evidence (photographs, witnesses, etc.) and minimize damage within the framework of the applicable law (in particular data protection laws).
- The user is obliged to provide truthful information about the course of the accident/damage, in particular also about the accident location.
- In the event of accidents involving a vehicle driven by the user, the user may not make any assumption of liability or comparable declaration. If an assumption of liability is issued, this only applies directly to the user himself. Neither the owner nor the insurer are bound by this commitment.
- The partners in accordance with Annex 3 are entitled to call the user on the mobile phone number stored in the personal data in the event of significant disruptions to the usage process in order to obtain information, for example, on the exact return location of a vehicle.
§ 9 Liability of the LVB and its partners pursuant to Annex 3
LVB and its partners pursuant to Annex 3 shall be liable for intentional and grossly negligent behavior and - regardless of the degree of fault - for damages resulting from injury to life, limb or health or for claims under the Product Liability Act, including the Product Liability Act (ProdHG). In addition, they shall be liable for negligence in the event of impossibility, delay in performance or any other material contractual obligation. Material contractual obligations are those obligations which must be complied with in order for the contract to be properly executed and which the user can regularly rely on being complied with. In these cases, liability is limited to such typical contractual damages as LVB and its partners could reasonably have expected at the time of conclusion of this agreement in accordance with Annex 3. Any liability in excess of the above-mentioned liability is excluded to the extent permitted by law (irrespective of the legal grounds). The above limitations of liability shall also apply in favor of the managing directors, employees and vicarious agents.
§ 10 Administrative offenses
The user undertakes to comply with traffic and regulatory regulations and other statutory provisions, in particular the StVO and the StGB, while using the service and is liable in the event of non-compliance. The user must indemnify the LVB against all penalties and fines imposed. The LVB shall receive a fee in accordance with Appendix 2 for the administrative costs incurred by processing requests from prosecuting authorities or other third parties to investigate administrative offenses, criminal offenses or other disturbances committed during the respective rental period.
Annex 1.6 - Terms of use Bike+Ride
§ 1 Object
- This annex regulates the rights and obligations of users when using and transferring the Bike+Ride facilities provided by the LVB. The terms of use are recognized by the user when booking a parking space in these facilities.
- The Bike+Ride facilities are used for the safe parking of bicycles and are intended to make it easier for users to combine the use of bicycles with public or regional transport.
- The Bike+Ride facilities are not suitable for parking bicycles that are not in regular use for a longer period of time and/or for storing them there. To the extent permitted by law, the LVB therefore accepts no liability for any damage to bicycles that are parked in the facility contrary to the above regulation.
- The user rents the parking space in concrete existing conditions.
§ 2 Booking process
- 1. the user selects the desired rental period in the Bike+Ride facility selected by him/her. The user can choose from the following predefined rental periods: Short-term rental: 24 hours Weekly rental: 7 days Monthly rental: 30 days Annual rental: 365 days
- It is only possible to complete a booking if the parking space in the selected Bike+Ride facility is available for the entire rental period.
- The access code is displayed via the corresponding button in the app after booking and payment. The gate of the Bike+Ride facility opens when the code is entered in the control panel.
§ 3 Use and obligations of the user
- Use of the Bike+Ride facilities is at the user's own risk.
- The access code is used to open the gate. The gates of the Bike+Ride facility must be closed again immediately after the bicycle has been parked and additionally secured against tipping and theft.
- The user undertakes to treat the parking space in the Bike+Ride facility and the facility itself with care and to keep it clean.
- When parking the bicycle, other visible instructions for using the Bike+Ride facilities (e.g. on the gates and/or on the control panel) must be followed.
- The user is obliged to additionally secure the parked bicycle against theft by locking the bicycle in the Bike+Ride facility using its own lock.
- The Bike+Ride facilities are to be used exclusively for the parking of bicycles. Renters are not authorized to place other objects in the Bike+Ride facility. The bicycle may not exceed the following dimensions:1.16 m high 1.98 m long 0.80 m wide 55 mm tire widthIf available, bicycles on the upper parking level may weigh a maximum of 18 kg.
- When placing the bicycle in the Bike+Ride system, the user must exercise the care required in traffic.
- The user is not authorized to change the locking mechanism of the system, for example by attaching his own locks outside the system.
- The LVB carries out a check of the proper condition and functional cleaning of all facilities at regular intervals. For this purpose, the facilities and access doors are opened, which the user must tolerate.
- The user undertakes to vacate the booked space in the Bike+Ride facility in good time at the end of the rental period. Failure to do so constitutes use in breach of the contract in accordance with § 3 Para. 12 of this facility and independent access to the facilities can no longer be guaranteed. A manual emergency opening on site can be used and is associated with costs for the user in accordance with Annex 2 if the user is at fault.
- The rental agreement cannot be terminated prematurely by the user. Even if the parking space in the Bike+Ride facility is returned prematurely, the rental price will not be refunded.
- If use in breach of contract is suspected, the LVB is entitled to open the Bike+Ride facilities as such, as well as the booked space in the facility, itself or through third parties without the consent of the user. If the use contrary to the contract is confirmed, the LVB is entitled to clear the B+R Bike+Ride facility and the booked space in the facility itself or have it cleared by a third party and to take possession of the items brought in. The eviction is subject to a charge for the users in accordance with Annex 2, unless they are not responsible for the use contrary to the contract.
- Costs that go beyond clearing the premises (e.g. waste disposal) will be charged in full to the user. The removed items will be forwarded to the lost and found office of the City of Leipzig within one week.
- Passing on the access code to third parties is not permitted
§ 4 Obligations of the LVB
- LVB is obliged to provide the user with a booked parking space in the Bike+Ride facility during the booked period.
- >LVB shall ensure that the Bike+Ride facility is in a contractually compliant condition for the entire term of the contract.
§ 5 Rights of the user due to defects
- The booked space in the Bike+Ride facility is made available to the user free of defects.
- LVB is obliged to rectify any defects occurring before or during the tenancy, provided that the latter have been duly reported.
- Only the direct users are entitled to claims for defects against LVB and these are not transferable.
§ 6 Transfer to third parties
The user is not permitted to transfer the space in the facility to third parties, in particular subletting.
§ 7 Liability
- The user is liable for all damage to the Bike+Ride facility and the parking space of the facility culpably caused by him/her. The user is also liable for damage to LVB employees or other users of the facility caused by behavior for which he/she is responsible. The user is obliged to report any damage caused by him/her immediately via verkehrsbetriebe@l.de.
- Claims for damages against the LVB are excluded unless the LVB or its vicarious agents have acted with intent or gross negligence and this does not involve a material contractual obligation. This applies in particular to claims by the user for damage caused by improper storage of the bicycle and bicycle accessories.
- In the event of a breach of material contractual obligations, LVB shall be liable for any negligence, but only up to the amount of the foreseeable damage. Essential contractual obligations are those that make the contractual performance possible in the first place, in particular the provision and maintenance of the rental object in the contractually owed condition. Claims for loss of profit, from claims for damages by third parties, as well as other indirect damages and consequential damages cannot be demanded.
- The limitations of liability and exclusions of liability under points 2. and 3. do not apply to claims arising from fraudulent conduct on the part of LVB or to damage resulting from injury to life, limb or health.
- Insofar as LVB's liability is excluded, this shall also apply to its employees, representatives and vicarious agents.
- The LVB accepts no liability for condensation damage or other damage caused by third parties and/or uncontrollable events (fire, theft, contamination/damage by third parties, etc.) unless it is at fault.
§ 8 Lien
The parties agree that a lien shall arise in favor of the LVB for claims arising from the rental relationship in respect of the bicycle placed in the Bike+Ride facility and any bicycle accessories belonging to the user. The lien expires at the moment the rental relationship is terminated and no claims against the user arise.
§ 9 Extraordinary termination of the tenancy agreement
- Either party may terminate the tenancy without notice for good cause in accordance with Section 543 BGB.
- In addition to Section 543 (2) BGB, good cause for the LVB also exists in particular if
- the user intentionally damages the B+R bicycle collection facility or
- the user grossly and significantly violates his obligations.
- If the user gives extraordinary notice of termination in accordance with paragraph 1, the rent paid shall be refunded to the user on a pro rata basis. The proportion shall be calculated on the basis of the past rental period up to the occurrence of the reason for termination in relation to the period that the tenancy would have lasted after the occurrence of the reason for termination.
- In the event of extraordinary termination by the LVB, the user is not entitled to a refund of the rent paid by him.
- Refunds will be made at the latest within four weeks of the day on which LVB receives the extraordinary termination notice from the tenant, provided that this termination is effective in accordance with Section 543 BGB. The user will not be charged any fees for this refund.
Annex 2 - Overview of fees
In the event of improper use, LVB shall be entitled to demand lump-sum compensation for the expenses incurred for this, subject to proof of higher costs, in accordance with Annex 2. The user reserves the right to prove that no or less damage was incurred.
FactsPrice | |
Basic price LeipzigMOVE+ per month or part thereof | 6,90 € |
Processing fee per chargeback | 1,05 € |
Bank fee from the chargeback | Depending on the credit institution |
Postal delivery of the invoice | 1,50 € |
Telephone booking / change booking | 2 € |
Flat-rate compensation for service technician expenses (e.g. for failure to clean / refuel) | 25 € or at cost |
Return vehicle to station | 25 € |
Smoking in the vehicle | 25 € |
Flat-rate damage fee for processing administrative offenses / criminal offenses Rental car | 5 € |
Lump sum for claims settlement for traffic accident | 50 € |
Late return of rental car up to 15 min (reported) up to 15 min (not reported) from 15 min (reported) from 15 min (not reported) | 12,50 € 25 € 25 € 50 € |
Excess in the event of damage for rental cars | 1500 € |
Return of rental bike In areas marked in pink in the flex zone In areas not marked in color outside the flex zone or station Violation of the regulations on parking and parking | 1 € min. 20 €1 20 € |
Rental bike not parked correctly or not locked at all | 25 € |
Incorrectly parked e-scooters (outside the city's service area or marked parking areas) | min. 25 €2 |
Loss or destruction of the battery due to customer fault | 500 € |
Flat-rate compensation for processing administrative offenses / criminal offenses E-scooters | 10 € |
Clearing a Bike&Ride parking space | 80 € |
Self-inflicted emergency opening | 120 € |
Appendix 3 - Partner overview
Car sharing partner: Deutsche Bahn Connect GmbH Mainzer Landstraße 169 60327 Frankfurt am Main Bikesharing partner: nextbike GmbH Erich-Zeigner-Allee 69-73 04229 Leipzig Cab partner: 4884 - Ihr Funktaxi Älteste Leipziger Funktaxi Zentrale GmbH Lützner Straße 179 04179 Leipzig E-scooter partner: Technology Germany GmbH Kaufingerstrasse 24 80331 Munich