Terms of use for the Postbus Shuttle Application
These terms of use for the Postbus Shuttle application apply to the contractual relationship between Österreichische Postbus Aktiengesellschaft, Am Hauptbahnhof 2, A-1100 Vienna, FN: 250198p (hereinafter "Postbus" or "we"), and you as the user (hereinafter "user" or "you").
Under the name Postbus Shuttle, Postbus offers the user (i) the use of the mobile smartphone application Postbus Shuttle (hereinafter "Application") and (ii) the online reservation of shuttle trips via a partner of Postbus using the shuttle interface.
Users are either natural persons (hereinafter also referred to as "Customer") who use the application to book a journey or Postbus partners who use the Shuttle Interface to book journeys for their customers.
The Shuttle Interface is an online reservation facility that enables selected partners to make reservations for their customers, for example guests in hotels or patients in doctors' practices.
The booking of shuttle trips and the use of the application is possible under the conditions described below.
We invite you to carefully read, print and/or save these terms of use on a durable medium before proceeding with the validation of your reservation.
In addition to the present Terms of Use, Postbus provides the user of the application with a separate data protection declaration which can be viewed via the following link: https://www.postbus.at/en/unsere-leistungen/postbus-shuttle.html. The data protection statement can also be viewed in the application itself under "My profile" in the menu under "Legal" and at any time before the booking is completed.
1. Scope of application
The purpose of these terms of use is to define the conditions for access to the application by the user.
These terms of use are available on the website www.postbus.at/en/unsere-leistungen/postbus-shuttle.html (hereinafter referred to as the "Postbus Shuttle Site") and via the application. When you create an account in the application, you accept these Terms and Conditions of Use in their currently valid version without reservation and expressly by ticking the consent box.
If you have any questions about the operation of the application or about these conditions, please contact us before booking your trip.
Postbus reserves the right to change the terms of use at any time by publishing a new version in the application and on the Postbus Shuttle website. You will be notified of any changes via Push Notification when you open the application. The new Terms of Use become binding for the user upon use of the application.
2. Use of the application
The use of the application is allowed from 18 years or with the permission of the supervisor. Use before the age of 18 requires the consent of the legal guardian. The user of the app must ensure that this consent has been obtained before using the app.
- You as a user may not, in or through the use of the application
- do not offend common decency with your usage behaviour;
- not to use them for illegal purposes;
- not violate our industrial property rights and copyrights or other property rights;
- not to transmit any contents with viruses, i.e. Trojans or other programs that damage us;
- not to enter, store or send hyperlinks or content that you are not authorised to do, in particular if they contain advertising or unsolicited e-mails (spam), inaccurate warnings of viruses, malfunctions etc. or invite you to participate in competitions, snowball systems, chain letters, pyramid schemes and similar campaigns
3. Functioning of the application
The application enables the user to reserve a trip with the Postbus Shuttle Service.
The creation of a Postbus Shuttle account in the application is mandatory for the use of the application. It includes filling out the registration form available in the application and provides information that is fair, clear, accurate, current and regularly updated. The user must provide his first name or nickname, e-mail address, mobile phone number and create a password.
You are responsible for maintaining the confidentiality of your password. We will not be liable for unauthorized transactions made using your name and password unless it is proven that the password disclosure was caused by our negligence or by a third party for whom we would be personally liable.
The user undertakes to inform Postbus without delay of any changes to the information provided at registration, in particular changes in the e-mail address or means of payment. The information must be sent to the following e-mail address: postbus.shuttle@postbus.at.
The loss of the password as well as any unauthorized use of the Postbus Shuttle account or the user name must be reported immediately to Postbus. This information must be sent to the following e-mail address: postbus.shuttle@postbus.at. The passwords and identifiers are personal and their use is the sole responsibility of the user.
The user is solely responsible for the consequences of misuse of his Postbus Shuttle account until the Postbus Shuttle account is deactivated. The user indemnifies Postbus and its cooperation partners, subcontractors or assignees from any liability for the misuse, unless the user can prove that the cause of the misuse of his user name, password and/or his Postbus Shuttle account was not within his sphere of influence and he is therefore not at fault for the misuse.
To deactivate it, you need to send information to postbus.shuttle@postbus.at. After receiving this information, your registration will be cancelled and your access data, password, e-mail address and telephone number will be deactivated. Your message will be deleted after 3 years at the latest.
4. Access and availability of the application
Postbus provides you with the application, which you can download free of charge from your App Store for your smartphone. Your smartphone must have access to a telecommunications network that allows you to access the Internet (3G connection, 4G, Edge, WLAN, etc.) In any case, the user remains responsible for his or her equipment and connection to the Internet and must pay the costs incurred.
Postbus makes every effort to make the application available at all times, subject to maintenance work or the availability of the servers on which it is hosted.
Access to the application may occasionally be interrupted due to maintenance work required for its proper operation. The user is warned of the technical risks associated with the Internet and the resulting interruptions in access. Consequently, Postbus cannot be held responsible for the unavailability or slowing down of the application and the resulting consequences for the user.
Postbus reserves the right to exclude the user from access to the entire application in justified cases (in particular in case of violation of these Terms of Use).
5. Shuttle Interface
In addition to the application, Postbus provides selected partners (e.g. hotels, doctors' surgeries, etc.) with a so-called shuttle interface. Information can be obtained from the municipality in which the Postbus Shuttle operates.
The partner acts as an investigative processor for Postbus within the meaning of Article 4 item 8 DSGVO and provides you as partner / affected customer with a booking option for the service. The partner is not entitled to use the data entered for the customer in the context of the booking for other purposes.
The data entry is done on site at a partner's premises via the booking option provided. The posting is made by employees of the partner.
6. Intellectual property rights
The application as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds or other data remain the exclusive property of Postbus or its contractual partner or, where applicable, their respective owners from whom the contractual partner has obtained the operating licences.
Any other use of the application, including commercial use by the user, is prohibited without the prior consent of Postbus or its contractual partners.
In particular, the user is prohibited from reproducing and/or downloading, selling, distributing, transferring, translating, adapting, exploiting, distributing and communicating, in whole or in part, any content of the application for any other than private use, whether commercial or not.
The user is also prohibited from uploading data via the application that could change the content or appearance of the data or the application.
The use of automatic or manual data extraction systems or other means to access, explore or index the Postbus Shuttle application is prohibited. Postbus and its contractual partners reserve the right to take action against any violation of these provisions. In particular, any actions directed against the security of the Postbus and/or partner systems or their networks, such as attempts to control, scan or test the vulnerability of the systems or networks without the express prior consent of Postbus and/or a contractual partner, as well as attempts to breach security or authentication measures, shall be deemed a violation.
7. Limitations of liability
If the application is provided by us free of charge, liability for material defects and defects of title is expressly excluded, unless intentional or fraudulent conduct on our part can be proven.
Any liability in cases other than those mentioned above requires proven intentional or grossly negligent behaviour on our part. In general, liability on our part for indirect damage, consequential damage or loss of profit as well as for loss of data or data modification is excluded. A liability for personal injury already exists in the case of slight negligence.
We also do not assume any liability for the correctness, accuracy, freedom from third-party property rights and copyrights, completeness and/or usability as well as permanent availability.
Although we make every effort to keep our websites free of viruses, we cannot guarantee that they are virus-free. Before using and downloading information or applications, you as a user must independently take the necessary protective measures, such as setting up relevant security measures such as a virus scanner.
The user declares to be informed about the restrictions and limits of the Internet networks.
8. Assistance and complaints
If the user has any questions or complaints, he can contact us by e-mail at postbus.shuttle@postbus.at or by post at Österreichische Postbus Aktiengesellschaft, Am Hauptbahnhof 2, A-1100 Vienna.
9. Right of withdrawal
The user can cancel this contract at any time by deactivating his Postbus Shuttle account. This deactivation must be notified by e-mail to postbus.shuttle@postbus.at.
Article 7 and Article 8 also remain in force in the case of the right of withdrawal.
Postbus reserves the right to restrict, suspend or delete the account of a user who abuses its services. The assessment of user behaviour is at the sole discretion of Postbus.
10. Information on the use of data when using the Shuttle App
The Österreichische Postbus Aktiengesellschaft, FN 250198p, Am Hauptbahnhof 2, 1100 Vienna, Telephone +43 1 93000 0 is the data protection officer in the sense of article 4 number 7 DSGVO for the operation of the Postbus Shuttle.
Personal data is used in summary form for the purpose of carrying out the service as well as for statistical evaluations and further development of the shuttle service. Postbus will ensure that evaluation results do not contain any personal references.
No automated decision making including profiling is carried out on the basis of this data. The data processing in question is based on Article 6(1)(b) and (f) and (4) of the Basic Data Protection Regulation (DSGVO), namely the conditions of use underlying the Service and the General Terms and Conditions, as well as the legitimate interests of the persons responsible, which consist in making a new Service available to Postbus customers for data use for other purposes.
The data processed for this purpose will be disclosed to the following categories of recipients in case of necessity: (1) Banks and Payment Service Providers for the processing of payment transactions, (2) Legal representatives, courts and administrative authorities (in particular tax authorities) and trustees in the event of an event, (3) Collection Agencies for the recovery of outstanding receivables in the event of an event, (4) Subcontractors who perform the mileage in the event of an event (provision of data to a tablet in the vehicle) as well as (5) Partners who use the Shuttle Interface to make travel bookings for customers.
Furthermore, there is no intention on the part of those responsible to transfer the data in question to a third country or to an international organisation.
Personal data collected for this reason will be stored for a maximum period of 10 years and then deleted, unless there is a special reason for storage in individual cases (e.g. ongoing civil court proceedings) that justifies or requires a longer storage period.
As data subjects, you are entitled to assert the following data subject rights against Österreichische Postbus Aktiengesellschaft: (1) Right of information (Article 15 DSGVO), (2) Right of correction and deletion (Article 16 DSGVO), (3) Right of deletion (Article 17 DSGVO), (4) Right of limitation (Article 18 DSGVO), (5) Right of data portability (Article 20 DSGVO), (6) Right of objection (Article 21 DSGVO).
If you would like to assert a right of data subject, please contact us. The following contact options are available to you:
Subject: Enforcement of rights of data subjects
Österreichische Postbus Aktiengesellschaft, Am Hautbahnhof 2, 1100 Vienna, e-mail: datenschutz.postbus@pv.oebb.at
They are also entitled to lodge a complaint with the data protection authority in accordance with §§ 24ff DSG and Articles 77ff DSGVO in the event of alleged breaches of obligations under the DSGVO
Contact: Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, telephone: +43 1 52 152-0, e-mail: dsb@dsb.gv.at and www.dsb.gv.at
You can contact our data protection officer as follows: Österreichische Postbus Aktiengesellschaft, Am
Hautbahnhof 2, 1100 Vienna, e-mail: datenschutz.postbus@pv.oebb.at
You can view our privacy policy at www.postbus.at/en/unsere-leistungen/postbus-shuttle.html.
11. Jurisdiction
Austrian law applies, with the exception of the referral norms of international private law and the UN Convention on Contracts for the International Sale of Goods.
Place of performance and jurisdiction is Vienna, unless a consumer transaction according to § 1 Consumer Protection Act is present.
13. Final provisions
Additional agreements must be made in writing.
In the event that one of the provisions of these terms of use is declared void in whole or in part, the validity of the other provisions shall remain unaffected.
All installations form an integral part of the contract.
Appendix 1: Procedure of the booking process
1. Registration
Registration as a passenger in the "Postbus Shuttle" app, which is available free of charge in the Google Playstore and the Apple Store
In the course of the registration process, please provide us with the following data.
- First name (user name)
- Last name (optional)
- Email address (required for the "Reset password" function)
- Mobile phone number (is required to receive the unlock code)
- Password
The app offers the passenger a cancellation option after booking up to a certain time before departure. This time is displayed in the app before the booking is made. If this time is already undercut at the time of booking and cancellation is no longer possible, you will also be informed of this in the app before booking. To cancel the trip, select the desired trip in the "Next Trips" menu and click on "Cancel" in the trip details. Cancellations by telephone can be made up to the point in time before the start of the journey, which was communicated to you when you made your booking by telephone.
2. Download and use the Postbus Shuttle App
Passengers who want to book a trip can download the app to their smartphone free of charge for booking. Afterwards, the following steps must be taken:
- Download app from Playstore
- Start App
- Perform registration (see 1. Registration)
- agree to terms of use
- Enter start and destination point or select current location via GPS as start point (if location has been activated and released for use in the app)
- Enter the date and time of the desired trip
- Select the desired trip
- agree to the terms and conditions of carriage
- confirm booking
- Select payment method
- After the journey: Receipt of the VSt-certificate by e-mail to the e-mail address provided during registration, if you have paid by credit card in the Postbus Shuttle App
3. Survey of the use of means of transport
The activated app records your search queries and trip bookings (start and destination) for anonymous evaluations in order to improve the service and the range of trips.
The GPS data of your smartphone (with GPS enabled), is used to easily determine the start position, but is not stored. The GPS position is also used to help you find your way to the entry stop and from the exit stop to your destination.
4. Drive authorisation
A booking via the "Postbus Shuttle" app or a trip ordered by telephone entitles you to use the Postbus Shuttle service.
The terms and conditions of carriage of Österreichische Postbus Aktiengesellschaft for rental car journeys apply to your journeys.
If you have any questions about this service, you can also contact us at postbus.shuttle@postbus.at.