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General Business Terms and Conditions of Dopravný podnik Bratislava, joint stock company for the sale of subscriptions to tickets for contactless payment card via Internet application

 

1. General conditions

  1. The General Business Terms and Conditions for the Sale of Subscription Cards for the Contactless Credit Card (hereinafter referred to as the "General Terms and Conditions") apply to all sales of ticket subscriptions for the contactless payment card, which the Transport Company Bratislava, joint-stock company, IČO: 00 492 736, with registered office at Olejkárska 1 , 814 52 Bratislava, registered with the District Court Bratislava I, Section Sa, Insert No. 607 / B, Tax ID: SK20202998786, Infoline: 02/5950 5950, e-mail: ots@dpb.sk (hereinafter DPB) through the DPB's website, including assisted sales at DPB's sales point (hereinafter referred to as "the Agreement"). The application of the General Terms and Conditions of the other party (customer) or any other General Terms and Conditions of Business is expressly excluded unless otherwise agreed by the parties in writing.
  2. Changes to these General Business Terms and Conditions are binding upon the Parties only if the Parties have agreed in writing. In this case, the preferential arrangement has precedence over the wording of these General Terms and Conditions.
  3. These General Business Terms and Conditions are prepared pursuant to Section 273 of Act No. 513/1991 Coll. The Commercial Code, as amended (hereinafter referred to as the "Commercial Code"), and are an integral part of the Agreement.
  4. Within the meaning of these General Terms and Conditions, the Agreement is deemed to be the date of delivery of a written electronic order of the customer issued through an online application for the sale of subscriptions to the contactless payment card accepted by the customer by the DPB in the order and in these General Terms and Conditions and crediting the funds to the DPB account.
  5. The sale of tickets for the contactless payment card via Internet application is carried out in compliance with the relevant provisions of Act No. 22/2004 Coll. on electronic commerce, as amended, Act No. 250/2007 Coll. on Consumer Protection, as amended, Act No. 492/2009 Coll. on Payment Services, as amended, Act No. 102/2014 Coll. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or contracts concluded outside the seller's business premises, as amended, Act No. 40/1964 Coll. The Civil Code as amended, the Commercial Code, and these General Business Terms.
  6. For customers for the purposes of these General Business Terms and Conditions, a natural person interested in purchasing a ticket for a contactless payment card through the DPB website or with assistance at the DPB's point of sale.
  7. The Supervisory Authority is: Slovak Trade Inspection (SOI), SOI Inspectorate for the Central Bohemian Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, phone: 02/58272 172-3 fax: 02/58272 170.

2. The subject of the contract and the conditions of sale of a ticket subscription to a contactless payment card

  1. The subject of the Agreement is the DPB's obligation to deliver to the customer an electronic advance payment card ("PCL") valid in DPB's means of transport with time validity according to the currently valid Contactless Payment Card Tariff as the ticket subscriber and the customer's obligation to pay DPB the PCL Purchase Price Valid Tariffs for a contactless payment card as a ticket subscription.
  2. The sale of the ticket for the contactless payment card is realized through the internet application operated by the DPB on the website: https://ecard.dpb.sk/ after the registration of the customer account and the contactless payment card.
  3. The virtual payment cards may not be used for travelling by public transport.
  4. The Customer is obliged to prove the right to a discount at the DPB's point of sale within the meaning of the Transport Rules of the Integrated Transport System in the Bratislava Region (hereinafter referred to as "PP IDS BK"), which is published on the dpb.sk website.
  5. The customer purchases a PCL for a contactless payment card via a written electronic customer order issued via an online PCL sale application for a non-contacting payment card.
  6. The PCL for the contactless payment card can be purchased by the holders of the Bratislava City Card, after registration in an online application for PCL sale on a contactless payment card or with assistance at the DPB, a.s.
  7. The Customer is obliged to fill in required card details from the contactless payment card and the mandatory contact details of the cardholder, including the insertion of a current photograph of the face. The photograph must not be older than one year and must correspond to the current form of the customer, display the customer in the front view, in civilian clothing, without glasses with dark glasses and without headgear, unless its use is justified for religious or health reasons. In such cases, the head cover must not cover the facial part of the head in a way that makes it impossible for the customer to identify. The customer is responsible for the timeliness and accuracy of the data in the system, including photographs, and is aware of possible sanctions in the case of outdated or inaccurate smokers. DPB shall not be held liable for damages incurred by the customer or any third person regarding provision of incorrect, incomplete or false personal data.
  8. In a written electronic order, the customer will also specify the form of payment. If the customer fails to fill in all the boxes on the form, the order will not be complete and the sales system will not process it.
  9. PCL via Internet can be purchased
    • 30 calendar days ahead of its required validity
    • Not later than 4 working days before its required validity in the event that the contactless payment card holder makes a payment by transfer to the account
    • Not later than 1 working day before its required validity, that such a purchase is exclusively connected to online payment via an online payment product supported by the PCL online application for the contactless payment card operated by the DPB.
  10. After completing a written electronic order, the Customer is required to review the accuracy and completeness of his or her data and to agree to these General Business Terms by clicking the box - I agree with the General Terms and Conditions and send the form.
  11. If the DPB application sends a confirmatory e-mail to the customer after processing the customer's electronic order, this e-mail does not serve the customer as a travel document.
  12. In the case of an online payment, the customer is automatically redirected to the bank's payment gateway. In this case, the customer follows the instructions of the bank. In the case of payment by transfer to the account, the customer receives payment instructions in the system.
  13. The customer is obliged to proceed with payment in accordance with the instructions given on the order. Upon crediting the funds to the DPB account, the customer sends an e-mail about the successful realization of the transaction and about the processed electronic orders of the customer.
  14. If funds for the purchase of PCLs are not credited to the DPB account within the due date, the written electronic order may be automatically canceled.
  15. The Customer may cancel the PCL purchase at any time during the completion of the written electronic order until the moment of its payment.
  16. A PCL purchase receipt can be printed from an online PCL sale application to a non-contact payment.

3. PCL Purchase Price

  1. The PCL Purchase Price is stated in the currently valid Tariff for a contactless payment card as a ticket subscription ticket which is published on the website: dpb.sk.

4. Withdrawal from the contract

  1. Withdrawal from the contract is governed by the currently active PP IDS BK, which is published on the website: dpb.sk.
  2. The Customer, by sending an electronic order to the DPB, confirms that the DPB has fulfilled its information obligations in accordance with § Article 3 (1) of the Act on Consumer Protection in the Sale of Goods.

5. Complaint procedure

  1. The DPB is responsible for ensuring that the PCL on a non-contacting payment card for the entire duration of the PCL has features explicitly mentioned that it can be used according to the nature and purpose of the agreement and that the PCL has no legal defects.
  2. The Customer claims personally to claim the PCL purchase on the contactless payment card in person at the DPB office (Olejkárska ul. 1, 814 52 Bratislava) personally during the hours or in writing via e-mail: ots@dpb.sk or by letter sent to seat of DPB.
  3. Complaints must include the most detailed description of the particular case the customer claims.
  4. DPB will endeavor to express its complaints as soon as possible, but no later than 30 calendar days from the date of receipt of the complaint.
  5. The customer has the right to contact the DPB with a request for redress (by e-mail to ots@dpb.sk or vnutorna.kontrola@dpb.sk) unless he / she is satisfied with the way the DPB has rectified its complaint or if it believes the DPB has breached his rights.
  6. In the event of loss or damage to a non-contact payment card, the customer is entitled to transfer a valid PCL to another non-contact credit card registered in the system on the same cardholder.

6. Personal Data Protection

  1. DPB as the controller of the information system processes the personal data of the data subject based on the contractual relationship under Art. 6(1)(b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR Regulation”) for the purpose of registering passengers with tariff equipment by purchasing a ticket for a contactless payment card.
  2. The data subject concludes the contractual relationship when ordering the pre-paid ticket to the contactless payment card through the Internet application for sale of the pre-paid ticket to the contactless payment card operated by DPB on https://ecard.dpb.sk/ or in person upon assisted registration at the DPB´s sales point.
  3. All data provided by the data subject within the electronic form in the system for sale of the pre-paid ticket to the contactless payment card through the Internet application operated on https://ecard.dpb.sk/ is processed in accordance with the GDPR Regulation. You need send the electronic inquiry in the scope of the data provided in the form along with the provision of personal data.
  4. DPB as the controller of the information system may provide the personal data of the data subject within the data scope provided in the form to the agent - Telmax, s.r.o., Na Stráni 511, Vysoké Mýto, 566 01, Czech Republic, ID: 27481166.
  5. For further information on personal data processing at DPB go to DPB´s website or visit the sales points.

7. Final agreements

  1. If any of the provision of this Contract becomes invalid, unlawful or unenforceable, this shall in no way affect or invalidate the validity, lawfulness or enforceability of other provisions of the Contract.
  2. The Contracts, rights and obligations arising therefrom including assessing of their validity and consequences of their possible invalidity shall be governed and will be interpreted based on and in accordance with substantive (material) right applicable in the Slovak Republic. The legal regulations not stipulated in this Contract shall be governed by the provisions of the Civil Code.
  3. The parties agreed that all disputes resulting from this Contract or in connection with it will be settled by mutual agreement. In case that no agreement is reached, the disputes shall be finally decided by the competent court in the Slovak Republic, competent according to the procedural rules valid in the Slovak Republic. The parties hereby exclude the application of any and all conflict-of-laws rules stipulated in bilateral and/or multilateral international treaties and/or agreements which are part of the law of the Slovak Republic.
  4. DPB declares that the contractual partner has become familiar with these General Terms and Conditions prior to conclusion of the contractual relationship.
  5. These Terms and Conditions are valid and effective from April 1, 2018.