Terms and conditions - T-mobilitat

Users must accept the terms and conditions approved by ATM Executive Board and published on the DOGC. Download the T-mobilitat terms and conditions here: only in Catalan.

Preliminary information

You must read these terms and conditions carefully, as buying a travel ticket using any digital channel belonging to the Autoritat del Transport Metropolità (Metropolitan Transport Authority, hereafter ATM) implies that you have read, understood and unreservedly accept them. These general terms and conditions of contracting (hereafter the “general terms and conditions of purchase”) together with any specific terms and conditions that may be established, as appropriate, govern relations between the company, ATM, and third parties (hereafter “customers”) who buy the various transport tickets offered via the appropriate ATM digital channels.

The appropriate digital channels for online sales, the mobile app and the T-mobilitat website belong to ATM, the consortium coordinating the metropolitan public transport system in the Barcelona area. ATM’s identification details are: 

Identity: Autoritat del Transport Metropolità
Tax ID no.: P-5890049-I 

E-mail: atm@atm.cat
Carrer Balmes 49, 6ª planta, 08007 Barcelona,
Customer service

Purchasing the services offered via these digital channels implies acceptance of these terms and conditions, as well as express, full, unreserved acceptance of all the terms and conditions of use of the service and general terms and conditions of purchase published by ATM, as soon as the customer accesses the digital channel. Customers may access the general contracting terms and conditions freely and without charge at any time and store them, print them out or reproduce them from their computers or mobile devices easily, permanently and directly.

Orders may be placed in any of the languages available in the various channels supporting sales. If customers agree with the content of the general purchase terms and conditions, the simple action of purchase implies acceptance. 

Owner of the service

ATM uses the digital channels to sell its own products and services and products and services provided by third parties. The contractual relationship between the ATM and the customer is limited to sale, and does not include the provision of services by third parties. For matters concerning third-party products and services, customers must directly approach the companies providing them.

About the digital channels

The ATM’s digital channels are aimed at end consumers in the sense established by Royal Legislative Decree 1/2007, of 16 November, and are intended to make sales the customer’s own use or for people on whose behalf the customer is legally authorised to act. This is without prejudice to the regulations and procedures applying to the ATM as a public authority. 

Customers guarantee that they have sufficient legal capacity to make a contract with the ATM. However, customers expressly accept, without any exception, that they access and use the digital channels under their sole, exclusive responsibility.

Customers also guarantee the truthfulness and authenticity of the information they give on the corresponding registration forms. They must also keep this information updated. The ATM reserves the right to unilaterally alter the presentation and configuration of its digital channels at any time without notice and to temporarily or permanently suspend access to them.
 

Purchasing transport tickets via digital channels

The ATM informs users that the procedures for purchasing any services offered via its digital channels are those described in these general purchase terms and conditions, as well as any other conditions indicated during the purchase process.

All prices published on the digital channels are expressed in euros and include all corresponding taxes as well as compulsory passenger insurance. Children aged under four do not need a transport ticket. The ATM reserves the right to unilaterally alter the prices of its transport tickets at any time without notice and to temporarily or permanently cancel their sale. These changes will not apply to bookings that have been confirmed by the ATM. For this reason, it is very important that the customer reads, prints out and stores a copy of these general terms and conditions and the other terms and conditions published on the mobile app when making the booking.

The contract is concluded at the point when the customer receives confirmation of the contract made. On the online channel, the user may ask for the plastic card or the plastic card with the ticket downloaded on to it to be sent to the address indicated. A user may load or top up the plastic card, with the associated cost, via the following channels:

• Face-to-face channel: If the user wants to load or top up the card, the customer service agent selects the required ticket and checks that the user qualifies to buy it. Finally, the user pays for the loading or topping up of the card using the available payment methods (cash or card or other permitted methods, such as mobile phone payment). The user may also select the desired ticket from the vending machine and proceed to pay. 

• Online channel: If the user wants to load or top up their card, they can do so by accessing their private area (of the web or T-mobilitat app) and selecting the ticket they want. 

If the user receives a card with the wrong identification details by mistake, it is their responsibility to begin the procedure for obtaining a new card with the correct details. If tickets are checked, use of a card with incorrect details can result in a penalty.
 

Invoicing and payment methods 

In all purchases made using the appropriate digital channels, a simplified invoice will be generated and sent to the customer by e-mail. For customers who need to have a full invoice for the purchase made, please note that, in accordance with Royal Decree 1619/2012, of 30 November, approving the Regulations governing invoicing obligations, simplified invoices may be replaced by full invoices within four days of the recording of operations (operation date of the simplified invoice). Invoices will have to be requested via digital channels before the deadline established in the Royal Decree. The tax system indicated at the time of purchase may not be modified later.

Payment may be made by VISA, MasterCard and American Express credit or debit cards. In order to pay, the customer must follow all the instructions appearing on screen and must provide the following information concerning the payment card:

• Type

• Number

• Expiry date

• CVV

The ATM guarantees customers full security in their transactions, as it applies the most up-to-date technological standards concerning security protocols and services on the date the e-commerce platform comes into operation. For additional security, you are informed that your bank details are not stored in an ATM computer system and are used only to receive payment from your bank. Purchase information is kept for the minimum legally enforceable period. Customers have the right to be informed about their purchases whenever they so require before the end of this period.

Validity of transport tickets

Transport tickets purchased by users via the face-to-face or online channels will be 
valid until the next time fares are modified. Transport tickets purchased but not used during their period of validity may be returned and exchanged depending on the terms and conditions of use published and approved by the ATM’s board of directors.

Right to cancel and returns

The user may ask to cancel the purchase via the digital channels available for sales. If the conditions are met, the customer will not have to pay any penalty (provided they have not used the ticket and that neither the validity period nor the plastic card have expired).

Freedom from liability

The ATM offers digital channels to sell its services and those of third parties. It accepts no liability for any non-compliances, losses or damages that may result from these third-party services. Customers will have to contact the companies providing these services directly.

The loss or theft of a transport ticket is the customer’s sole responsibility and the ATM is held harmless from any claim made in such circumstances. The ATM is also free of any liability if a ticket is damaged by the customer’s misuse or failure to keep it under proper conditions.
 

Force majeure

The ATM accepts no liability for non-compliance, losses or damages resulting from force majeure or unforeseen circumstances. Force majeure is understood as, although not limited to:

• Any event which is impossible to predict or, if it is or can be predicted, is inevitable;

• Errors in access to the ATM mobile app or different digital channels;

• Lack of power supply or telephone connection;

• Damage caused by third parties or attacks on the web server (viruses) that affect the quality of services and are not attributable either to ATM or to the user;

• Errors in the transmission, dissemination, storage or delivery to third parties of the products and content on the website;

• Problems or errors suffered by third parties in receiving, obtaining or accessing the website;

• Fires;

• Floods or earthquakes;

• Strikes or labour disputes or other social disorder preventing the supply of products and therefore making it impossible for the ATM to comply with the obligations it has accepted;

• Scarcity or lack of availability of fuel or electrical power;

• Accidents;

• Wars;

• Commercial or other embargos;

• Blockades;

• Disturbances;

• Any government provision.

Administrative or management errors are not considered cases of force majeure.

Applicable law and judicial competence

These general terms and conditions of purchase will be interpreted and governed by the legislation applicable to the area covered by the ATM. For any legal issue deriving from the general terms and conditions of purchase, the parties submit to the competence of the courts and tribunals of Barcelona, provided that no other specific rights are established by law.

The customer’s acceptance of these general terms and conditions of purchase is a prior, essential and compulsory condition. Customers declare under their own responsibility that they have read and accept these general terms and conditions of purchase. In the case of any conflict or contradictory interpretation between the versions in different languages of these general terms and conditions, those drawn up in Catalan will take precedence. The online conflict resolution platform is available on the official European Commission website.