General terms and conditions for purchasing travel tickets and T-mobilitat supports through digital channels

These terms and conditions must be read carefully, as the purchase of a travel ticket or a T-mobilitat support through any digital channel provided by TMB implies that you have read, understood and unconditionally accepted them.

These general contract terms and conditions (hereinafter ‘general conditions of purchase’), along with, where applicable, any special conditions that might be established, regulate the relationship between the company, Transports de Barcelona, SA and third parties (hereinafter ‘customers’) that purchase the different transport tickets or T-mobilitat supports offered by the digital channels provided by TMB.

The digital channels provided for online sales are the property of Transports Metropolitans de Barcelona, SL, hereinafter ‘TMB’; Ferrocarril Metropolità de Barcelona, SA, hereinafter ‘FMB’; Transports de Barcelona, SA, hereinafter ‘TB,’ and Projectes i Serveis de Mobilitat, SA, hereinafter ‘PSM,’ with registered office at: Carrer 60, No. 21-23, Sector A, Polígon Industrial de la Zona Franca, 08040, Barcelona (“TMB”).

TMB’s digital channels for online sales are the TMB App and TMB Tickets.

The responsibility for sales made through digital channels falls to:

Transports de Barcelona, SA (henceforth, ‘TB’)

• NIF: A-08016081

• Carrer 60, nº. 21-23

• Polígon industrial de la Zona Franca (08040 Barcelona)

• Customer service

Registered with the Barcelona Companies Register, in Volume 226, Sheet 16610, Folio 145.

The purchase of services offered through these channels implies the acceptance of these terms and conditions, as well as the full and express acceptance without reservations of all of the conditions of use of the service and the general purchase conditions published by TMB, from the moment the customer accesses the digital channel. Customers may freely access the general terms and conditions of purchase with the EMV system free of charge at all times, and may easily permanently and directly store, print them out, or copy them to their computer or mobile device.

Orders can be formalised in the available languages via the various digital sales channels.

If the customer agrees to the content of the general purchase conditions, they must tick the box located next to the following text: “I have read and accept the general contractual terms and conditions of purchase”. If not, they will not be able to proceed with their purchase.

TMB uses digital channels to market its own products and services and those provided by third parties, and thus the contractual relationship between the customer and TMB is limited to the commercialisation and not the provision of third party services. With regard to third party products and services, the customer must make direct contact with the companies that provide them.

TMB's digital channels are aimed at end user consumers according to the definition established by Royal Legislative Decree 1/2007, of 16 November, to be used by the customer themselves or people in whose name the customer is legally authorised to act. Customers guarantee that they have the appropriate legal capacity to enter into a contract with TMB. Thus customers expressly accept, without exception, that the digital channels are to be accessed and used under their sole and exclusive responsibility.

Customers also guarantee the truthfulness and authenticity of the information communicated by means of the appropriate registration forms, and furthermore accept the responsibility to keep such information updated.

4.1. Procedures for making any purchase

TMB advises that the procedures for making any type of purchase of services provided through its digital channels are those described in these general conditions of purchase, as well as others that are indicated during the purchase process.

All of the prices published on the digital channels are in euros, and include all the corresponding taxes as well as compulsory passenger insurance. Children under the age of four are exempt from the requirement to have a transport ticket. TMB reserves the right to modify, unilaterally, at any time and without prior notice, the prices of transport tickets, as well as to suspend or cancel the sale of tickets either temporarily or permanently. These amendments will not apply to bookings confirmed by TMB. It is therefore very important for customers to read, print out or save a copy of these general terms and conditions, and of all the other terms and conditions that are in force when bookings are made.

4.2. T-mobilitat supports

The supports that can be purchased online via TMB’s digital channels are:

• Personal reusable T-mobilitat card
  
  These are cards that users can purchase only if they are registered with T-mobilitat and have provided their personal data. You can load any of the integrated tickets included in the fare system onto these cards, provided you meet the conditions required for each ticket type. They can be purchased either with a ticket already loaded or without a ticket.

• Anonymous reusable T-mobilitat card
  
  These are travel cards that can be used by anyone using the transport system. These cards can only be used to load tickets that do not require a specific personal profile. Purchasing an anonymous T-mobilitat support without a transport ticket loaded on to it is not permitted. Therefore, users will always need to choose the transport ticket they wish to upload to the card. The method for purchasing this kind of support through digital channels is explained in the annexe to this document.

4.3. Transport tickets

The transport tickets that can be purchased online via TMB’s digital channels are:

• T-mobilitat

  The transport ticket is uploaded to the T-mobilitat card (physical support) or the mobile phone (virtual support). If a virtual (mobile phone) support is used, an additional electronic portfolio feature is required.

  The right to use the E-wallet for virtual support on a mobile device requires a one-off payment. It is the responsibility of mobile-device users to keep their T-mobilitat tickets with them, i.e. downloaded onto the virtual support, to validate their travel tickets and prove their validation during inspections.

  You can find more information about the uploading of transport tickets for T-mobilitat.

• Bus incident ticket

  Bus-incident tickets can be purchased exclusively through TMB Tickets and only if no sound or light is given off by the T-mobilitat ticket validation machine when the T-mobilitat support is held near it.

  Once the purchase has been made, an e-mail will be received with a QR code, which is the ticket, already validated. You can also download it in PDF format.

  You can find more information about the operation of the incident ticket.

4.4. Purchase process

TMB guarantees the availability of all transport tickets offered through the platform.

The purchase of any of the transport tickets available does not guarantee a seat.

Following the established purchase process, the customer must complete a series of different steps depending on the type of support they wish to purchase: entering quantities, personal details and payment details. The sales system will ask the customer for the necessary data to complete the purchase process for the transport ticket they wish to purchase.

The data requested will be the minimum needed to be able to make the purchase and comply with the required security measures and guarantees. In compliance with current regulations, on the Personal data protection policy page we provide information about the data controllers and how we process your data, as well as your rights and how you can exercise them.

4.5. Quantity

IIn general, one ticket 1 ticket or 1 support per purchase can be acquired.

4.6. Payment

Payment can be made using VISA, MasterCard, and American Express credit or debit cards. Other payment methods have also been enabled, which may vary depending on the channel (for example, Apple Pay or Bizum).

To make payment, customers must follow all the instructions that appear on the screen. 

TMB guarantees total security for customer transactions: when the e-commerce platform was launched, it was equipped with the most advanced technological standards in terms of security protocols and services. Payment is made securely in accordance with 3D Secure protocols, which allow the buyer to be identified as the legitimate holder of the payment method being used.

It should also be noted that bank details are not kept in any TMB computer system and are solely used for banks to process charges.

Information on purchases is stored for the legal minimum period required. Customers have the right to information on their purchases so long as they request it within the stated deadline.

4.7. Validity of tickets

Transport tickets will be valid as stipulated by the organisation that defines the characteristics of each ticket. This information can be found in the Validity of transport passes. section in the Terms of use of tickets webpage.

4.8. Documentary confirmation of the purchase made

Once the purchase is completed, the TMB sales channel will send the client the operation number as proof of the transaction. The operation number will be sent via email and will also be available on the website TMB Tickets and the TMB App.

A simplified invoice will also be sent.

You can check how to obtain full invoices in the section Request invoices section in the Terms of use of tickets webpage.

In the case of online purchases of anonymous T-mobilitat supports for collection at vending machines, the customer will also receive the corresponding voucher to exchange for the transport ticket they have requested to be uploaded. Vouchers are a document bearing the holder’s name which contains the code to be entered into the vending machine for obtaining the anonymous T-mobilitat supports with the transport tickets purchased online.

The contract is formalised when the customer receives confirmation of the contract entered into.

If confirmation is not received by e-mail due to a technical or communication problem, confirmation and the details of the contract can be viewed in the purchase history in the user profile on the TMB website or the TMB app.

6.1. Transport tickets refund policy

In general, a refund may be issued for any transport ticket as long as that ticket has not been validated and is within the period indicated in the transport tickets refund policy.

The user may request cancellation of the purchase through the online digital sales channels within the established period and under the established conditions, as long as they still hold the JoTMBé account that enables them to access it.

Cancellations are for complete purchases; partial-purchase cancellations are not accepted. Thus, if a user has bought more tickets than they need, they will have to cancel the entire purchase and make another purchase for the correct number of tickets.

Physical T-mobilitat supports (cards) and payment via the T-mobilitat E-wallet are excluded from refunds. The personalised T-mobilitat cards have a five-year guarantee from the moment they are purchased; the anonymous T-mobilitat card, six-month.
If the conditions are met, customers will be refunded the amount they have paid.

In all cases, all instructions that appear on the digital channels during the refund process must be followed.

TMB will only authorise refunds of the amounts paid for cancelled purchases through a credit on the purchaser's credit or debit card, within a maximum period of 30 work days as from the date of the requested cancellation.

In any case, TMB shall not be held responsible for the terms or conditions that each bank applies to each customer, once the refund has been authorised.

6.2. Refund period

All integrated ATM (Metropolitan Transport Authority) tickets, as well as any single metro or single airport tickets may be returned within 24 hours of the time of purchase. In online purchases, the refund refers to the voucher, in the case of anonymous T-mobilitat supports plus transport tickets, and to recharging, in the case of uploading or recharging tickets on any T-mobilitat support.

Refunds cannot be issued for single bus tickets validated by bank card, as the purchase and validation are formalised on the spot. For more information, please see the Conditions of purchase and validation of single bus tickets by debit or credit card.

For all purchases made through the digital channels provided, a simplified invoice will be generated and sent to the customer by e-mail. For customers who need a full invoice for the purchase made, it should be noted that, in accordance with Royal Decree 1619/2012, of 30 November, which approves the Regulation governing invoicing obligations, simplified invoices can be replaced by full invoices within 4 years from the date on which the transactions are made (transaction date on the simplified invoice), provided that the user still holds the JoTMBé account that allows them to access the digital channels.

Full invoices need to be requested, through the digital channel indicated, before the deadline established by Royal Decree. The tax regime stated at the time of purchase cannot subsequently be amended.

It is the customer's responsibility to take care of the tickets and supports acquired. TMB is exempt from any claim for loss, robbery or theft of tickets, vouchers, the T-mobilitat support or transport tickets, as well as for any deterioration of the ticket or support caused by improper use or poor conservation by its bearer.

TMB provides digital channels through which it markets its own services and those of third parties and thus does not assume liability for any non-compliance or damage that may arise from these third party services, for which customers would need to make direct contact with the companies who supply them.

TMB shall not be liable for any breach or damage or harm caused as a result of force majeure or a fortuitous event. Force majeure is understood to include but not be limited to:

• any event that is impossible to foresee, or which, whether foreseen or foreseeable, is inevitable;

• errors in accessing the TMB App or the various digital TMB channels;

• a cut in the electricity supply or telephone network;

• damages caused by an attack on the portal's server (virus) by third parties that affect service quality but that are not attributable to TMB or to the user;

• errors in the transmission, dissemination, storage or release of the portal's content and products to third parties;

• problems or errors in receipt, collection or access caused by those third parties;

• fires;

• floods or earthquakes;

• strikes or labour disputes or other social disturbances that impede the supply of the products and, therefore, compliance with the obligations undertaken by TMB;

• the scarcity or lack of availability of fuel or electrical power;

• accidents;

• armed conflict;

• commercial or any other type of embargo;

• blockade;

• riots, or

• any government measure.

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

These general conditions of purchase will be interpreted and governed according to Spanish law.

The Transport Arbitration Board of the Generalitat de Catalunya may be called upon, out of court, for any dispute, of a commercial nature and economic content, arising in relation to the performance of land transport contracts and ancillary and complementary activities.

For any legal dispute arising from these general conditions of purchase, the parties will submit to the jurisdiction of the courts and tribunals of Barcelona (Spain), so long as the law does not establish another specific jurisdiction.

Acceptance of these general purchase conditions by the customer is an indispensable and compulsory prerequisite. The customer declares, under their own responsibility, that they have read and accepted these general purchase conditions.

Should there be any dispute or contradictory interpretation between versions of these general terms and conditions in several languages, the version written in Catalan shall prevail over the others.

Access to the online dispute resolution platform created by the European Commission.

The groups of tickets that can be purchased are: T-mobilitat and bus incident ticket (fully digital). The characteristics of each group are defined below:

1. T-mobilitat

a. Personalised support

You will receive your personalised support at the postal address you provide within a maximum of 10 days as from the date of your purchase. 

No refunds are given for the physical support.

If the support received is defective or shows any incorrect information, you can request its exchange from one of the face-to-face assistance centres provided for T-mobilitat procedures.

The personalised T-mobilitat card has a five-year warranty from the date of its purchase and no expiry date.

b. Anonymous support

An anonymous T-mobilitat support can be purchased through digital channels in the form of a voucher which can then be exchanged at the automatic ticket vending machines on the metro network.

A document is generated at the end of the purchase process indicating the support and tickets purchased and a numeric code. This allows customers to store them on their mobile device or print them out.

This voucher does not constitute a ticket valid for travelling on the means of transport offered via this platform.

This voucher must be exchanged for a transport ticket at one of the automatic ticket vending machines on the metro network.

The customer can exchange the voucher at metro vending machines almost immediately after purchase.

The following exchange and validation system applies to vouchers:

As a general rule, vouchers purchased can be used for collecting anonymous supports with transport tickets from vending machines in the metro network up to the day before fares are changed, usually on 1 January. In any event, the deadline for collecting tickets for each voucher is shown on the TMB Tickets website and on the TMB App where each purchase is detailed. After that date, the voucher will expire and the purchased tickets or travel cards cannot be obtained.

If the voucher expires before it has been exchanged for the appropriate transport ticket, the user can request a refund of the amount so long as less than 24 hours have passed since the time of purchase.
No refund is permitted after 24 hours have passed, since the time of the purchase and the voucher will become invalid in the event it has expired.  

The anonymous T-mobilitat card has a 6-month warranty.

c. Travel tickets

Travel tickets are downloaded onto the physical support (T-mobilitat card) or onto the virtual support on mobile devices.

A refund can be requested for a T-mobilitat transport ticket purchased through the "purchase history" section of the JoTMBé account, within a maximum of 24 hours from the time of purchase, provided the ticket has never been validated.

d. E-wallet

The right to use the E-wallet for virtual support on a mobile device requires a one-off payment.

Payments for use of e-wallets cannot be refunded.

Use of e-wallets does not expire.

It is the responsibility of mobile-device users to keep their T-mobilitat tickets with them, i.e. downloaded onto the virtual support, to validate their travel tickets and prove their validation during inspections.

2. Bus-incident tickets

Bus-incident tickets can be purchased exclusively through TMB Tickets and only if no sound or light is given off by the T-mobilitat ticket validation machine when the T-mobilitat support is held near it.

You will receive an email with a QR code, which is the already validated ticket. You can also download it in PDF format when you complete your purchase with TMB Tickets.

Bus-incident tickets are valid up to the end of the line of the bus line they are used on.

To request a refund of the amount paid for each bus-incident ticket, you will need to go to a Punt TMB office and present your ticket support and damaged T-mobilitat ticket.

The deadline for requesting this refund is 15 calendar days as from the time of purchase of the bus incident ticket and a maximum of 20 tickets will be refunded for each ticket support and procedure.