GENERAL TERMS AND CONDITIONS OF BUSINESS (GTC)
The website fahrfahraway.com has been prepared and is operated by Thomas Lorber, Fasanenstraße 7, 15738 Zeuthen, Germany. It is an online portal providing the free-of-charge arrangement of carpools and rides in private cars.
The online portal is accessed and used exclusively on the basis of these General Terms and Conditions of Business (GTC). The online portal user’s own general terms and conditions of business only apply if expressly agreed to in writing. The service offered on the online portal is directed only at consumers pursuant to Section 13 BGB [German Civil Code] who have reached the end of their 18th year of age. The registration of minors is strictly prohibited. Legal relations between the users themselves remain unaffected by these GTC.
SCOPE OF SERVICES PROVIDED
The portal provides only a placement platform via which drivers and passengers can advertise and choose carpool and car-sharing options themselves. The operator does not issue a guarantee that such an option can be arranged, furthermore, the operator is not responsible for the adverts, the actual provision of carpool services or for their safety. At no time does the online portal operator assert any influence on the contractual agreements between driver and passenger, in particular on the trip itself, the destinations, travel times or other conditions. Any agreement concerning a concrete carpooling arrangement is reached solely between the driver and passenger without any involvement of the operator. The publishing of an advert by a user on the online portal does not represent a binding offer, and the users determine the content of the carpooling option independently with one another.
Using the online portal is free of charge.
OBLIGATIONS OF THE USER
Every user is responsible for creating and maintaining an access profile on the online portal.
By registering, accessing and using the platform the user confirms having reached the age of majority. The user undertakes to make full and true statements and to keep them always up to date.
The user alone is responsible for the content and for updating the specified contact details and for his/her advert. The user undertakes to realise the ride in the same terms indicated in the offer.
The user offering a ride must comply with the following conditions: The user owns a valid driver license and is not banned from driving. The user only offers a ride with a vessel he/she owns or he/she rents with a valid rental agreement or for which he/she has a permission by the owner to use it for shared rides. For any vehicle must exist a valid liability insurance. Any vehicle must be in a operating condition according to the applicable laws and regulations and must have a valid »TÜV Pressure Setting Certificate«. The user is and will be the only person riding the vessel he/she offered on the platform. The user does not offer more seats than available in the vessel. All seats must be furnished with a seat belt.
The information published on the online portal serves exclusively to establish private contact between the driver and passenger, and any and all commercial use of the data sets is prohibited. The distribution of advertising of any kind is forbidden.
It is not permitted to offer car sharing for gain. The entire sum of money requested by the driver must not exceed the costs of the trip. It is forbidden to disseminate any contents that are untrue, insulting, libellous, harassing, that glorify violence, are racist or pornographic. The online portal must not be used for illegal purposes.
User activities that aim to impair the functionality of the online portal or hinder its use are forbidden.
The user accepts the use and publication by the online portal of the data provided. With respect to the personal and travel data, the user grants the operator of the online portal the rights of use restricted to the use thereof and the contractual purpose; these rights are also revocable and free-of-charge.
With regard to the contents and materials provided by him/her, the user assures that these are free from third party rights, do not violate such rights and that they were also not otherwise disposed of. The user releases the operator of the online portal from third party claims which may be asserted against the operator due to contents and materials placed on the portal by the user or due to user conduct; this shall also cover any respective costs for legal defence which are incurred as a result.
CONTRACT TERM AND TERMINATION
The contract is concluded for an unspecified period of time. The user is nevertheless entitled to terminate the contract. This can be done by deleting the access profile or by submitting the notice of termination in text form (letter or email). The operator of the online portal may terminate the contract with a period of notice of 14 days. The right to termination for important grounds shall remain unaffected.
GUARANTEE AND LIABILITY
The operator of the online portal does not guarantee the at-all-times uninterrupted or orderly operation and usability or availability of the online portal.
Service providers according to the German Telemedia Act are not obliged to monitor the information communicated or saved by them or to research into any circumstances concerning illegal activities. However, as soon as the operator of the online portal discovers any such activities, he will remove or block these within an appropriate period after examining such contents.
The operator of the online portal has unrestricted liability vis-à-vis the users for any damage caused by the culpable injury to life, body or health as well as for any damage that is due to an intentional or grossly negligent violation of his obligations by the operator as well as for fraudulent intent by the operator. In addition to this, the operator of the online portal has unrestricted liability for damage that is covered by the liability arising from mandatory legal regulations, as well as for any guarantees assumed.
What is more, any and all liability of the operator of the online portal is restricted to intent and gross negligence, unless essential contractual obligations are infringed upon. This also refers to such obligations the fulfilment of which enable the orderly fulfilment of the contract in the first place and the compliance with which the user can therefore expect.
In cases of slight negligence, the operator of the online portal is only liable for damage that was typical for the contract and foreseeable upon conclusion of contract.
Any liability of the operator of the online portal beyond this is excluded. When registering, the user accepts that the operator of the online portal does not assume any liability whatsoever with respect to carpools/car sharing or concerning the contracts concluded between the users (for example, transport contracts, their execution, progress or safety).
To the extent that a liability disclaimer or restriction has been agreed, this also applies for the personal liability of the legal representative and the vicarious agents of the operator of the online portal.
A reversal of the burden of proof is not linked to the arrangements.
NOTICE OF CANCELLATION
The user may cancel the contract and the declarations of consent issued without notice at all times and without specifying reasons therefor by submitting a clear explanation to the operator of the online portal, for example, via letter, email or by deleting his/her access profile; all of the user’s data will be deleted immediately and completely. No data shall be archived.
Cancellations must be addressed to fahrfahraway, Fasanenstraße 7, 15738 Zeuthen, Germany or via email to email@example.com.
APPLICABLE LAW, PLACE OF JURISDICTION AND FINAL PROVISIONS
The laws of the Federal Republic of Germany shall apply with the exception of the norms of the conflict of laws.
If any individual provisions of these GTC are or become ineffective or impracticable, either in whole or in part, or if the GTC prove to have a gap, this shall not affect the effectiveness of the remaining provisions. In this case, an appropriate regulation should apply, which comes closest within the boundaries of what is legally permissible to the intention of the contract.
The operator of the online portal retains the right to amend these GTC. The user shall be informed of any amendments to the GTC via email. If the user does not object to the application of the new GTC within six weeks following receipt of said email, the amended GTC shall be deemed to have been accepted by the user. The user will be informed separately of this period of notice as part of the amendment notification. If the user objects to the application of the new GTC within six weeks, the operator of the online portal is entitled to terminate the contract of use.
As per: April 2016