General Terms and Conditions of Business and Use (GTC)
for the muenchen app of Stadtwerke München GmbH (SWM) as Platform Operator
1. Scope
By way of the muenchen app smartphone application ("App" or "Platform"), SWM is offering a platform for Munich enabling users to directly book the offers of the providers ("Providers") in and around Munich (e.g. events in Munich) presented in the app. The following terms and conditions regulate the mediation of the offers of the providers by SWM.
2. Subject of performance
2.1 SWM enables users to book the offers of the providers presented in the app. SWM is acting exclusively as a platform operator and is not a provider of the offers presented in the app. The offers are made based on the data made available by the providers ("data"). SWM does not verify the accuracy and completeness of this data.
2.2 Users can book and pay for the respective offers of the providers directly in the app by way of a standard user account
2.3 Each provider is responsible for the provision of the services the users book by way of the app. The users conclude the contract for the use of the service directly with the provider. The respective terms and conditions of the providers ("T&C Provider") shall apply and are effectively included in the use of the offer.
3. Registration
3.1 In order for users to be able to take advantage of the respective offers of the providers by way of the app, they must first register in the app. The registration takes place by means of an e-mail address to be used by the users and a password. Users will receive their email address and password in connection with their registration. Registration takes place via Stadtwerke München GmbH's M-Login, unless the users are already registered with M-Login due to their use of another online service connected to M-Login. In the latter case, users only need to activate the additional use of the app in M-Login. For further details, please refer to the General Terms and Conditions of M-Login.
3.2 Registration is free of charge for users. Users do not have a right to registration.
3.3 Only persons who have reached the age of 18 at the time of registration can be users.
3.4 Users must deposit a valid means of payment in accordance with section 5.3.
3.5 In the event of changes, users are obliged without delay to change the data relevant for the contractual relationship (surname, first name, address, e-mail address, mobile phone number, telephone number, means of payment (surname, address and e-mail address, bank details, credit card details, mobile phone number) in the M-Login of Stadtwerke München GmbH. If users fail to comply with their duty to inform, SWM or the payment service provider commissioned by SWM shall be entitled to charge the users for any additional expenses incurred as a result.
3.6 The text of the contract (e.g. ticket history and GTC) will be stored electronically by SWM. The contract texts are made available to users from registration onwards via the app under "Profile / Data protection / Privacy policy" and "Profile / Imprint" and by way of the website at General Terms and Conditions, Privacy Policy, Imprint, in some cases in non-printable form.
4. Conclusion of contract and right of withdrawal
4.1 The offer of the provider via the App is subject to change and non-binding.
4.2 Users submit their offer to conclude a contract by clicking "Order subject to payment". The provider shall immediately confirm receipt of the order to the user by sending an order confirmation to the e-mail address indicated by the user. This order confirmation also contains the ticket in PDF format. The order confirmation also constitutes the provider's declaration of acceptance of the conclusion of the purchase contract.
4.3 Input errors concerning the order of the offer of the provider can be corrected at any time by way of the corresponding buttons. Users will be provided with an overview of their purchase details before submitting their binding booking.
4.4 Whether and to what extent the users, as consumers pursuant to Section 13 of the German Civil Code (BGB), are entitled to a right of revocation according to Section 312 g of the German Civil Code (BGB) with regard to the offers of the providers is determined by the General Terms and Conditions and the revocation instructions of the provider. Reference is made to this.
5. Prices / Terms of payment
5.1 The use of the app is free of charge for the users within the scope of services according to Section 2.
5.2 Users are obligated to pay the prices applicable to the use of the respective offer to the respective provider ("Fee").
5.3 Users may pay by credit card (Visa or MasterCard) or by SEPA direct debit. Other payment methods are excluded. User shall not be entitled to the use of any of the aforementioned payment methods.
5.4 Payments are due after invoicing by the provider. Invoicing usually takes place after the use of the respective offer, but in individual cases also at the beginning of the following month. Details can be found in the General Terms and Conditions of the respective provider. The collection of the claim usually takes place within a few days, at the latest fifteen (15) bank working days subsequent to invoicing. The debiting of the account or the credit card depends on the processing of the respective service provider of the users*. The overview of the offers used (hereinafter also referred to as "sales overview") contains individual proofs of purchase and can only be viewed and accessed electronically via the app by registered users themselves.
6. Payment by credit card
6.1 Billing via the credit card procedure is only possible with Visa and MasterCard. Other credit card types will not be accepted.
6.2 During the registration process, the following credit card data of the users are collected
- Surname and first name of the credit card holder
- Credit card type (Visa or MasterCard)
- Credit card number
- Credit card expiration date
- Credit card CVC code
and transferred to the service provider commissioned by SWM to collect the receivables.
6.3 The service provider shall check the credit card data provided by the users for correctness and, if applicable, for any blocking notices of the respective credit card issuer. In the event that the users are not the holders of the credit card provided, the service provider shall ensure that the cardholder has given his/her consent for the charge. The user shall also ensure that the credit card indicated is not blocked and has a sufficient limit. If the authorization fails for any reason, the user will receive a corresponding error message.
6.4 If the User's payment service provider supports the “3D Secure procedure” (Verified by Visa / MasterCard® SecureCode™), this shall be utilized to increase security against misuse when depositing the credit card. If the user's payment service provider does not support the “3D Secure procedure” or does not consider the “3D Secure procedure” to be necessary, the check shall not be performed.
7. Payment by SEPA direct debit
7.1 If payment is made by SEPA direct debit, SWM shall have the fee collected on its behalf by a payment service provider commissioned by SWM or SWM shall assign the corresponding claim to a payment service provider, which shall then collect it from the user in its own name. Payments made by the user in discharge of debt shall in any case be made exclusively to the user's payment service provider. Information on the identity of the payment service provider can be found in the pre-filled SEPA direct debit mandate that the user must submit when selecting this payment method.
7.2 If the SEPA direct debit method is selected, personal data of the user (first name, last name, address, date of birth and e-mail address) and an account number within the European Union are required for the clear allocation of a payment. By selecting this payment method, the user authorizes the collection of payments from his or her specified account by means of a SEPA direct debit. At the same time, he/she instructs his/her payment service provider to honor the direct debits. In the event that the user is not the account holder of the specified account, he/she shall ensure that the account holder has given his/her consent for the SEPA direct debit.
7.3 The user undertakes to provide Stadtwerke München GmbH with all account details required for participation in the SEPA Direct Debit Scheme (in particular account holder and International Bank Account Number (IBAN)) via the M-Login and to enter them in the form provided for this purpose. The user will receive an advance notification (prenotification) of the collection date and amount in the SEPA direct debit procedure. The user will receive the prenotification at least two (2) days before the collection of the debt. The advance notice (prenotification) shall be sent electronically with the invoice to the e-mail address provided.
7.4 The user must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit is returned by the user without justification or if collection of the debt from the user's payment service provider fails for reasons for which the user is responsible – in particular due to insufficient funds, incorrect or invalid account data or objections – the user shall be obliged to ensure that sufficient funds are available or to remedy the reason for the payment disruption so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. This shall not affect the right to claim further damages for default.
7.5 By agreeing to these General Terms and Conditions, the user waives the right to obtain a written SEPA direct debit mandate. The waiver shall be declared by the user to the user's payment service provider, the creditor's payment service provider and the creditor. The user agrees to the waiver being passed on to the aforementioned parties. If the waiver ceases to apply or becomes invalid, the user is obliged to submit a written mandate without delay.
8. Liability of SWM
8.1 The liability of SWM and its vicarious agents for damages suffered by users, regardless of the legal grounds, shall be excluded. This shall not apply if the damage was caused intentionally or by gross negligence or if the damage results from injury to life, body or health or the breach of material contractual obligations (cardinal obligations). Damages for breach of material contractual obligations, however, shall be limited to the damage typical that is typical for the contract. Material contractual obligations are those obligations whose fulfillment is essential to the proper performance of this contract and on whose fulfillment the users regularly rely and are permitted to rely. Liability under the Product Liability Act and other mandatory statutory provisions shall remain unaffected.
8.2 SWM shall not be liable for the services of the providers.
9. Scope of services and use of the app, term
9.1 The app is made available by downloading the app onto a suitable end device. The technical requirements for the use of the app result from the information and presentations provided in the respective app stores. By downloading, installing and actually using the respective app, a usage agreement is concluded between Stadtwerke München GmbH (SWM) and the users.
9.2 The use of the app as such is free of charge. Users must ensure that they have a suitable end device that meets the technical requirements necessary for using the app and a sufficient internet connection. Any costs incurred by the users for the technical requirements necessary for the installation and use of the app shall be assumed by the users themselves.
9.3 SWM reserves the right to change the app and its technical functions and services for good cause, for example, due to technical progress, increased user numbers or other operational reasons. The changes will not result in any costs for the users with regard to the use of the app as such. SWM will inform users of any changes.
9.4 Users are entitled to the statutory warranty rights with regard to the free use of the respective app. If the users fail to install an update of the app provided to them within a reasonable period of time, SWM shall not be liable for defects attributable due to the lack of an update.
9.5 The license agreement is concluded for an indefinite period of time. Both parties may terminate the user agreement at any time without notice. The de-installation of the respective app on the user's smartphone does not constitute a declaration of termination by the user. The respective termination must be declared in text form to the respective other party.
9.6 If the users have entered into contractual relationships via the service that have not yet been fulfilled by the time the termination takes effect, the users shall remain obligated to pay the agreed fee.
9.7 The right to extraordinary termination for good cause shall remain unaffected.
10. Consequences and sanctions in case of breach of contract by the users
In justified cases, in particular in the event of misuse or serious violation of the provisions of these GTC, SWM is entitled to terminate the user's contract without notice and thereby permanently exclude the user from the right to use the app or to block the user and thus temporarily deny the user the use of the app. A serious violation shall be deemed to have occurred in particular if the users repeatedly violate the provisions of these GTC despite a warning or if the users are in arrears with a not inconsiderable amount. As soon as the users have settled the arrears, SWM will allow the users to use the app again.
11. Online dispute resolution / arbitration board
The European Commission provides a platform for online dispute resolution ("OS platform"), which can be accessed by way of the link. SWM is not obliged to participate in the online dispute resolution. In order to resolve disputes, customers who are consumers* can apply to the General Consumer Arbitration Board of the Zentrum für Schlichtung e. V. (Straßburger Straße 8, 77694 Kehl am Rhein, verbraucher-schlichter.de, mail@verbraucher-schlichter.de) for arbitration. The prerequisite for this course of action is that the customer has contacted SWM and no solution has been found that is satisfactory for both parties.
12. Other provisions
12.1 SWM shall be entitled to amend these GTC at any time subject to a reasonable notification period. Notification shall be made by sending the new Terms of Use to the e-mail address provided by the user upon registration. If the users do not object to the validity of the new Terms of Use within 30 days of receipt of the notification e-mail, these shall be deemed agreed. In the event of an objection by users, SWM shall have a special right of termination. SWM will separately inform the user of the significance of the objection period and the consequences of failure to object in the notification e-mail.
12.2 The law of the Federal Republic of Germany shall apply exclusively. The language of the contract shall be German.
12.3 Any individual agreements deviating from these GTC shall require written confirmation by SWM in order to be effective.
12.4 Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining contract as a whole.
12.5 The place of performance and place of jurisdiction shall be, to the extent permissible, Munich.
12.6 SWM is committed to compliance with the law and adheres to the Code of Conduct of Stadtwerke München, available at the link.
13. Contact details
The contact details for all matters, in particular complaints, are:
Stadtwerke München GmbH
Emmy-Noether-Straße 2
80992 Munich, Germany
muenchen_app_kontakt@swm.de