General conditions and Terms of use of the Virtual Wallet - Consorcio de Transporte Metropolitano del Área de Málaga

General conditions and terms of use of the Virtual Wallet of the Consorcio Málaga application (the Application)

These terms and conditions of use have been automatically translated with the translator DeepL. The Consorcio de Transporte Metropolitano del Área de Málaga accepts no responsibility for any errors or omissions in the translation. The original version of this document in Spanish is available at https://ctmam.es/.

By downloading, installing and/or using the application on your terminal, you expressly state that you agree, comply with and accept our terms of use and privacy policy.

1.- Owner of the application

The Malaga Area Metropolitan Transport Consortium (hereinafter CTMAM) is a Public entity of associative nature formed by the Andalusian Regional Government, the Provincial Council of Malaga and the Town Councils of Malaga, Mijas, Benalmádena, Rincón de la Victoria, Alhaurín de la Torre, Alhaurín el Grande, Cártama, Pizarra, Almogía, Colmenar, Casabermeja, Torremolinos and Totalán.

The purpose of the Consortium is to articulate the economic, technical and administrative cooperation between the consortium member Administrations in order to jointly and in a coordinated manner exercise the competences that correspond to them in the creation and management of transport infrastructures and services in their territorial area.

The main objective of the Consortium is to increase the participation of public transport in general mobility.

2.- Licence for the use of the application

CTMAM is the owner and holder of all rights over the Application and, in this sense, grants the User only the right to use the same in accordance with the uses for which the same has been designed and, in particular, in accordance with the provisions of our Terms of Use and/or applicable law. By downloading, installing and/or using the Application, the User does not acquire any ownership rights in the Application.

Therefore, the mere installation of the Application implies your acceptance of the Terms of Use applicable to the Application. Otherwise, you must not use it and will proceed to uninstall it from your terminal.

We also inform you that, at any time, you can uninstall the Application from your device using the corresponding functionality of your terminal.

The Application may be accessible from outside Spain, it is understood and shared that it is intended to be used by any natural person who complies with these Conditions, in any country or jurisdiction in which its use is not contrary to local laws or regulations in force at any given time.

3.- User Acceptance

The present General Conditions and Terms of Use (hereinafter GCTU) regulate the access and use of the application that CTMAM makes available to users. Access to the same implies the unreserved acceptance of the present GCTU.

CTMAM may offer services through the Application that may be subject to specific conditions of their own, of which the User shall be informed in each specific case.

The Application may evolve and, therefore, the form and/or nature of the same may change from one moment to another without prior notification of such change. Likewise, CTMAM may interrupt (temporarily or permanently) the use of the Application (or any of its features) to you or to all users in general and, in these circumstances, CTMAM may not be able to give you prior notice of this fact.

4.- Object

The Virtual Wallet of the Malaga Consortium application allows the User to use transport services provided by the Malaga Area Metropolitan Transport Consortium.

You can consult the lines on which the service is available at https://ctmam.es/.

These General Conditions and Terms of Use define the conditions of use of the transport tickets within the framework of the Virtual Wallet service of the Consorcio Málaga application.

Acceptance of the GCTU, by ticking the specific box that appears on the mobile phone screen, is necessary for the use of the Virtual Wallet.

The use of public transport via the Virtual Wallet service is reserved exclusively for Users who have previously read and accepted the GCTU in their entirety and without reservation.

These GCTU are made available to Users who request them from CTMAM and can also be consulted on the website https://ctmam.es/.

In addition, the transport tickets available through the Virtual Wallet service are subject to the General Conditions of Sale and Use of CTMAM transport tickets in force, which can be consulted on the website https://ctmam.es/.

These General Terms and Conditions may be revised and modified at any time. In this case, the new GCTU will be made known to Users on the website https://ctmam.es/. They will be subject to a new request for acceptance by the User, who must tick the specific box on the telephone screen when accessing the Virtual Wallet. In the event of non-acceptance of the new conditions, CTMAM may block the account until acceptance or until the User requests cancellation of the service.

In general, the User is invited to carefully read the GCTU before making any recharge.

5.- Capacity

The User declares that he/she has the capacity to subscribe to the Virtual Wallet service, i.e. that he/she is of legal age, has the capacity to act and is not subject to guardianship or curatorship or, if he/she is, has the prior agreement of his/her legal representatives.

6.- Conditions of access to the Virtual Wallet of the Consorcio Málaga application

To use the Virtual Wallet of the Consorcio Málaga application, the User must have an Android smartphone version 6.0 or higher with an NFC chip and antenna.

It is the responsibility of the User to have Internet access on their terminal to enable the use of the application (2G, 3G, 4G or WIFI). The specific costs and tariffs for mobile network data traffic are the responsibility of the User.

Any person wishing to access the Virtual Wallet service must first download the Consorcio Málaga application from the Google Play Store and install it on their mobile device. The User will then be able to access the Virtual Wallet service from their personal mobile phone and use it to travel on the transport services for which the system is enabled. The User can consult the lines on which the Virtual Wallet payment system is active on the website https://ctmam.es/.

CTMAM does not guarantee that access to the Virtual Wallet service is free of anomalies, errors or faults, nor that these can be corrected. Likewise, it does not guarantee that access to the Virtual Wallet service will operate without interruptions or failures, nor that it will be compatible with any particular equipment or configuration other than that expressly validated by CTMAM.

CTMAM shall in no case be liable for any type of foreseeable or unforeseeable damage arising from the use or total or partial impossibility of using the Virtual Wallet service.

The User declares that he/she is aware of the characteristics and limits of the mobile data network, in particular its dangers and risks related to the state of the network. The User declares that he/she has checked that the configuration of his/her mobile phone does not contain any anomaly or contradiction with the established requirements and that it is in perfect working order.

Finally, for reasons of maintenance, updating or development of the Consorcio Málaga application, CTMAM reserves the right, at any time, to totally or partially interrupt access to the Virtual Wallet service and/or the Consorcio Málaga application, without having to inform the User of this other than through the Consorcio Málaga application. The Consorcio will not be responsible, under any circumstances, for the possible consequences that may arise from these interruptions.

7.- Virtual Wallet

The Virtual Wallet service of the Consorcio Málaga application allows the User to have a digital account in which to top up money that can later be used to pay for journeys made on routes included in the CTMAM.

7.1. Registering for the service

The User may register for the service from the “Virtual Wallet” option of the “Consorcio Málaga” application. The user must fill in the registration form and accept the conditions and terms of use.

The user must top up a minimum of 5 euros within ten days of registration. Failure to do so may result in the automatic deletion of your account.

7.2. Topping up

The User may top up his/her Virtual Wallet by clicking on the “Top up” button, which will increase the balance available in the Virtual Wallet. Top-ups can only be paid by credit card. The credit cards currently accepted are VISA and MasterCard.

The User guarantees that he/she is fully authorised to use the credit card on which the top-up will be charged and that his/her payment method allows him/her to have sufficient funds to cover the amount of the top-up.

The charge to the payment method is immediate and the transaction cannot be cancelled.

If the payment is declined, a message will be displayed on the User’s mobile phone indicating that the top-up amount has not been debited.

Details of top-ups are available in the “Operations” section of the Virtual Wallet option of the Consorcio Málaga application.

All recharges and journeys made imply acceptance of the applicable prices and commit the User to payment. These prices are available on the website https://ctmam.es/.

All recharging and subsequent travel implies acceptance of the fares applicable at any given time.

It will not be possible to modify or cancel a recharge once it has been made in your Virtual Wallet. Furthermore, under no circumstances will refunds, reimbursements or transfers of the balance contained in the Virtual Wallet be made.

The maximum balance that can be accumulated in the Virtual Wallet is five hundred (500) euros.

7.3. Travel

In order to travel on CTMAM transport lines, the User must have a mobile phone compatible with the service, have the Consorcio Málaga app installed and have registered with the Virtual Wallet service. They must also have sufficient credit in their wallet to be able to pay the fare for the journey.

Before entering the vehicle, the User will enter the Virtual Wallet option and click on the “Travel” button. On entering the vehicle, they will tell the driver the destination of their journey (if necessary to know the fare) and when the driver tells them to do so, they will bring the NFC antenna of their terminal close to the reader of the validating machine, holding it in that position until they are sure that the connection has been made correctly (the validator will emit a sound, a green light or specific information shown on the screen). On your terminal you will receive an acoustic signal indicating that the operation has been carried out and the information of the validation result will be displayed on the screen.

In case of error, in those services where there is a driver, the User may ask the driver to cancel the journey.

The validation of all tickets (including season tickets and free tickets) is compulsory each time the User boards the vehicle to be used or passes through the turnstile in the case of stations.

In the event of a mobile phone breakdown or for any other reason that prevents the use of the service, the User must buy another type of ticket and is not entitled to any type of compensation from CTMAM.

The User may consult the lines on which the Virtual Wallet payment system is active on the website https://ctmam.es/. CTMAM accepts no liability for attempts to use the service on routes where the system is not available.

7.4. Inspection

In case of inspection control, the User shall present his/her mobile terminal to the inspector.

The User acknowledges and accepts that only the information displayed in the transaction option of the Virtual Wallet shall be valid to justify the validity of the ticket.

All Users, including those benefiting from a reduction or free travel, must have a valid and validated ticket.

The absence of a ticket (ticket present on a defective telephone, ticket not present in the application, etc.) or irregular use of the latter may lead to the imposition of a fine, in accordance with the provisions relating to ticket fraud contained in the General Conditions of Sale and Use of tickets.

In the event of discovery of a false declaration made by the User at the time of subscription allowing him/her to benefit unduly from a reduced fare, the User’s account shall be blocked and the sums paid in payment of the ticket shall be retained by CTMAM, without prejudice to the penalty established for infringement due in the event of travel without a valid and validated ticket.

In the event of improper and/or fraudulent use of the service, the User accepts that CTMAM may block his/her account and prevent him/her from registering again in the future, losing the balance in his/her wallet.

7.5. Use of the Virtual Wallet on several terminals simultaneously

The User may access his/her Virtual Wallet on any mobile terminal that complies with the requirements set out in these GCTU. However, CTMAM shall not be liable for the loss of confidentiality of the User’s access credentials due to their being entered in a terminal owned by another person.

7.6 Loss, theft or change of the mobile terminal

In the event of loss, theft or change of mobile handset, the user must reinstall the Consorcio Málaga application on their new handset and will be able to access their Virtual Wallet as normal, using their username and password.

If the terminal is lost or stolen, it is recommended that the access password be changed.

7.7 Uninstalling the app

Uninstalling the app from the terminal does not imply the deletion of the account and does not prevent the application from being installed later on the same or another terminal and the user from accessing the service using their credentials and keeping all the information relating to their user intact.

7.8 Termination of the User and deletion of the account

The User may request cancellation of the service and deletion of the account by sending an e-mail request to usuarios@ctmam.es.

The deletion of the account shall entail the loss of the balance in the Virtual Wallet at that moment, with no possibility of subsequent recovery, even if the User wishes to re-register for the service, as well as the deletion of his/her personal data.

CTMAM reserves the right to delete those accounts in which no activity has taken place (top-ups and/or trips) within a period of five (5) years. In this case, the balance of the Virtual Wallet at that time will be lost.

7.9 Notifications

By ticking the corresponding box in the configuration options, the user agrees to receive notifications regarding the operation of the service.

8.- User Obligations

The User undertakes to use the application, contents and services in accordance with the Law, the present GCTU, good customs and public order. Likewise, the User undertakes not to use the application, its contents or the services provided through it for purposes or effects that are illicit or contrary to the content of the present GCTU, harmful to the interests or rights of third parties, or that in any way may damage, render inaccessible or deteriorate the application, its contents or its services or prevent normal enjoyment of the same by other Users.

Likewise, the User expressly undertakes not to destroy, alter, render useless or in any other way damage the data, programmes or electronic documents contained in the application.

The User undertakes not to hinder the access of other Users by means of the massive consumption of the computer resources through which CTMAM provides the service, nor to carry out actions that may damage, interrupt or generate errors in said systems or services.

The User undertakes not to introduce programmes, viruses, macros or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of CTMAM or third parties.

Recharges made by the User are personal and non-transferable to other Users.

The User is solely responsible for maintaining the confidentiality of his/her registration data and, in particular, of the actions that may be carried out with his/her account and mobile phone.

The User undertakes to immediately inform CTMAM of any unauthorised use of his/her registration data and account.

CTMAM is not and may not be held liable for any loss or damage that may occur in the event of non-compliance with the obligations of the present contract, nor for any fraudulent use of the User’s telephone, account and/or password.

The User undertakes to have sufficient credit in his/her wallet at all times to pay for the journeys made and to follow the rules of use of the service.

9.- Information concerning personal data

The information requested in the registration process for the service is of a contractual nature and, therefore, necessary and obligatory for the creation of the User account.

For the use of the Virtual Wallet service, the following personal data is collected from the User:

Name and surname
Telephone number
E-mail address
DNI/NIF

CTMAM guarantees that this personal information is collected and processed with respect for privacy, in accordance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the purpose of which is to adapt the Spanish legal system to the General Data Protection Regulation, RGPD, (EU) 2016/679.

You can consult our security policy at https://ctmam.es/politica-de-privacidad/

The personal data of users collected on the occasion of acceptance of the GCTU may be processed by CTMAM or by a third party designated by it, for the purposes of managing the transport tickets, commercial relations and fraud control associated with the Virtual Wallet service.

This data collection takes place when the User registers for the Virtual Wallet service via the mobile application. The User must fill in the form provided to enter the information required to use the service. Any failure to respond will result in the account not being created or the information entry form not being validated. The communication of these data is essential for the formation of the access contract and is of a contractual nature.

Given that the data processed are necessary for the perfection of the contract, in the event that the User objects to the processing, he/she will not be able to use the Virtual Wallet service.

10.- Intellectual and industrial property

All the contents of the application, unless otherwise indicated, are the exclusive property of CTMAM and/or its collaborating companies, including, but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs and other elements that appear in the application.

Likewise, all trade names, trademarks or distinctive signs of any kind contained in the application are protected by law.

CTMAM does not grant any type of licence or authorisation of personal use to the User on its intellectual and industrial property rights or on any other right related to its application and the services offered therein.

Therefore, the User acknowledges that the reproduction, distribution, commercialisation, transformation and, in general, any other form of exploitation, by any means, of all or part of the contents of this application constitutes an infringement of the intellectual and/or industrial property rights of CTMAM or of the owner of the same. The User acknowledges that he/she is only authorised to install and use the Consorcio Málaga application on his/her mobile phone.

11.- Applicable law and jurisdiction

The relationship between CTMAM and the User shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of Malaga (Spain).

CTMAM shall prosecute any breach of the present GCTU as well as any improper use of the application, exercising all civil and criminal actions that may correspond to it and that are permitted by law.

12.- Contact and information

In case of any problem, doubt or question, the User can contact the technical support service by e-mail at usuarios@ctmam.es.