General Terms and Conditions (T&Cs)

Section 1 Application of these Terms and Conditions

Autokraft GmbH (hereinafter "AK") operates a booking portal at www.KIELIUS-onlinebuchung.de through which tickets for KIELIUS, AK's airport bus, can be purchased online. AK itself merely arranges the transport services free of charge via the booking portal and handles the processing of the online order. For the ticket processing and online order, the following General Terms and Conditions (hereinafter "T&Cs") of AK in the version valid at the time of the order shall apply exclusively.

Section 2 Scope

The T&Cs apply to online orders via the KIELIUS ticket shop booking portal. Terms and conditions of the ordering party that deviate from the T&Cs will not be recognised unless AK expressly agrees to their validity in writing.

Section 3 Online registration

In order to access the booking window via AK's booking portal, a one-time registration by the customer is required, in which the customer provides personal details such as his/her name, address and e-mail address. Customers may delete their user accounts themselves at any time.

Section 4 Online order

(1) The customer may place online orders after registering on AK's booking portal. An online order can only be completed by clicking the button "Order and pay", provided that the customer has accepted the T&Cs.

(2) The customer must check that the booking details are correct immediately before clicking "Order and pay". The customer will receive an automated e-mail containing the ticket after successful completion of the booking.

(3) By completing the online order, the customer makes a binding offer to use the selected transport service for the price stated therein. With the confirmation (acceptance), a contractual relationship is established between the customer and the selected provider.

(4) Tickets can be purchased up to 60 minutes before departure.

Section 5 Issue of tickets

(1) The customer must present the purchased ticket to the driver before the start of the journey. The ticket contains a QR code entitling the customer to travel. The customer may show the ticket on paper or on a smartphone. The QR code must be clearly visible whichever option is chosen. The ticket is only valid for one journey. Promotional and special tickets may be exempt from this rule and are marked accordingly. In the case of tickets for more than one person, only the person making the booking needs to provide ID.

(2) The ticket code (QR code) printed on the online ticket is compared against the ticket codes for the bus that are stored on the system. In the event of misuse (e.g. unauthorised repeated use of the same online ticket), a journey is deemed to have been made without a valid ticket. In this case, the passenger will be charged a penalty fare in accordance with Section 9 of the General Conditions of Carriage and banned from using online tickets. Misuse will also be prosecuted.

Section 6 Payment procedure/late payment

(1) Fares may only be paid by credit card, direct debit or PayPal.

(2) Only bank accounts authorised in Germany can be accepted. If the customer chooses payment by PayPal or credit card, the customer gives tacit consent to the immediate debiting of the invoice amount from the customer's account. Customers may view, check and amend their bank account details at any time by entering the e-mail address and password.

(3) The customer will be charged a fee of EUR 5.00 for direct debits returned due to cancellation, incorrect information or insufficient funds.

If account debits are not honoured by the customer's bank, the account holder will be blocked from internet sales. The account holder will remain blocked until the customer has paid the amounts due.

(4) In the event of a delay in payment, a payment reminder will be sent. A fee of EUR 15.00 is payable for this.

Section 7 Blocking of online access

There is no right to registration. AK reserves the right to revoke registration and block customers who breach the T&Cs or have breached them in the past. This also applies in the event of misuse of the booking portal and in the case of Section 6.3.

Section 8 Cancellation/refund

(1) Cancellation of a ticket is only possible if the ticket has not yet been validated. The ticket must either be sent by e-mail to KIELIUS-shop@deutschebahn.com, stating the user account, or by post to the following address: Autokraft GmbH, Niederlassung Kiel, Kundenservice, Bunsenstrasse 2, 24145 Kiel, Germany. The fare paid will be refunded to the account specified in the customer's online order minus a processing fee of EUR 2.00.

(2) Promotional offers are excluded from refunds.

Section 9 Warranty/liability

(1) By placing an online order, the customer declares that he/she is of legal age and that the requirements of Section 4.1 are met. In addition, the customer warrants that all information he/she provides in connection with the order is correct and complete. If the customer provides false information through intent or gross negligence, the customer is liable to the respective providers for the damage incurred. Customers who intentionally provide false information or engage in misuse in accordance with Section 5.2 will be permanently excluded from this ordering system (use of the booking portal).

(2) AK shall only be liable for intent or gross negligence. In the event of a breach of essential contractual obligations, AK shall also be liable for culpable conduct of its employees and persons employed in the performance of contractual obligations. However, the liability shall be limited to the amount of damages typically foreseeable at the time the contract was concluded. This limitation shall not apply to damages resulting from injury to life, limb or health due to breaches of duty by AK or its legal representatives or persons employed in the performance of contractual obligations, nor shall it apply in the case of mandatory statutory regulations.

(3) AK provides links to other websites and documents such as general terms and conditions of carriage, tariff regulations, timetables and price lists of providers, over whose content and design AK has no influence. AK accepts no liability for the form and content of these websites or documents.

(4) Due to the necessary technical requirements for internet services and telecommunications, it is not possible to guarantee that all booking services will be available at all times. Claims by the customer for bookings that cannot be made on time due to lack of technical availability are excluded. Due to the technical characteristics of the internet, we are unable to guarantee uninterrupted availability of all booking modules. There is no entitlement to receive a promotional offer where, due to technical problems, the system is only reinstated after expiry of the advance sales period.

Section 10 Data protection, data security

(1) The customer agrees to the use of his/her personal data for the processing of the online booking by AK, in particular for the establishment and content of the contractual relationship as well as the updating and maintenance of the customer account. By registering within the meaning of Section 3.1, the customer authorises AK, exclusively for the purposes stated in Section 9, to disclose this data within AK, to other providers of transport services and to the third parties specified in Section 10.4.

(2) AK may commission third parties to perform its tasks. In particular, AK may transmit customer data to third parties for use in commissioned data processing, for creditworthiness checks, for the execution of payment transactions and for the pursuit of outstanding debts (debt collection). These are obliged by AK to process and use the transmitted data in accordance with Section 10.4.

(3) The personal data and order data is collected, processed and used in compliance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz). This data collected is deleted at the end of the next calendar year following the termination of the contractual relationship, unless a longer retention period is prescribed by law.

(4) The customer's data and identity may be disclosed to government agencies or third parties if there is a legal obligation to do so.

(5) Data transfer is always protected by a secure SSL connection. Further information on the type, scope and purpose of the collection, processing and use of the required personal data by AK can be found in the data protection statements.

Section 11 Miscellaneous

(1) Should individual clauses be or become invalid, this shall not affect the validity of the other clauses of these T&Cs.

(2) Queries can be sent to AK at any time using the contact form. In case of problems, customers are asked to contact Autokraft GmbH on +49 (0)431 66 62 22. Please note that queries and problems can only be handled during business hours.

(3) German law shall apply exclusively to the relationship between the customer and AK, insofar as this is legally permissible. The place of jurisdiction shall be Hamburg.

Version dated 21-6-2013