Drive2day's Carpooling TOS
The following are the terms of service for the use of Drive2day
§1 Scope of applicability
- These General Terms and Conditions
of Business provide for the contractual relationship between Drive2day,
Tassilo Pilati, and users. Drive2day provides its services on the basis
of these Terms and Conditions of Business exclusively.
§2 Subject matter
- The contractual relationship
materialises upon the confirmation of Drive2day after registration. The
subject matter is the use of an Internet platform for the offering and the
mediation of opportunities to travel as a car passenger (hereinafter: car
passenger opportunities). In this connection Drive2day provides a platform
for users to present their offers, whereby Drive2day assumes the mediation
of the car passenger opportunities solely from a technical aspect. Drive2day
shall not be responsible for the carrying out of the mediated journeys nor
for the developments in the course of the journey; Drive2day shall not check
offers nor inquiries. It has no influence on whether and how journeys are
conducted. The assessment of the reliability and safety of journeys is solely
the responsibility of the users based on their own appraisals and the assessments
of other users.
- Car passenger opportunities establish contractual relations solely between
the users. Any rights, duties and claims arising from such car passengers
opportunities exist solely within this contractual relationship. Drive2day
shall not check the identity nor the legal capacity of users due to the
possibility of online registration. Every user thus acts at his own risk.
- Drive2day shall not assume any guarantee for the materialisation, the
carrying out and the safety of journeys. A user is not entitled to have
a journey carried out.
§3 Services of Drive2day
- The subject matter of the
services of Drive2day is the provision of an Internet platform and the mediation
of car passenger opportunities. Registered users can offer or inquire about
car passenger opportunities via the platform. Drive2day shall not assume
any guarantee for the carrying out and safety of journeys.
- Drive2day mediates the contractual relationship between the inquiring
and offering users by disclosing the communication data of the user making
- Users may submit assessments of the party supplying the car passenger
opportunity which shall not be edited by drive2day. The assessments can
also be retrieved by non-registered users.
- Drive2day may supplement or amend the choice of the means of transport,
destinations and other categorisations offered in order to improve these
or bring these into line with technical developments if this can be reasonably
expected by taking the interests of the users and Drive2day into account.
Drive2day shall make the offer on the Internet available within the scope
of the existing technical and operational possibilities. Due to ongoing
maintenance and further developments, possibilities of use might be temporarily
restricted or interrupted. This shall not give rise to claims.
- The use of the Drive2day offer on the Internet is free of charge. A
fee shall be paid for mediated car passenger opportunities. The stipulation
and notification of prices as well as the settlement of payment is a matter
effected solely between the inquiring and offering users.
§4 General Obligations of the User
- The use of the service is
only permitted for private purposes. Each user should store his logon data
to use the service so that it is protected from access by third parties
and, if unauthorised knowledge thereof is suspected, notify Drive2day of
this without undue delay.
- The use of the Drive2day databases for commercial purposes is prohibited.
- Each member shall assess the car passenger opportunities and notify
Drive2day of unacceptable faults in the quality by sending an email to info (at symbol in email address) drive2day.de.
Drive2day shall be notified of faults or damage to the Internet offer by
sending an email to info (at symbol in email address) drive2day.de.
- The service may only be used within legal limits. The user shall not
offer nor inquire about nor submit assessments concerning any services which
infringe the rights of third parties, have contents which are morally harmful
for adolescents, infringe applicable laws or are misleading, insulting,
pornographic, glorify violence or are offensive. The same applies for the
carrying out of journeys.
- It is prohibited to spread viruses, Trojan horses or other damaging
contents via the Internet offer of drive2day. Use is prohibited if there
is a fear of damage due to telecommunications equipment or other technical
- The user shall indemnify Drive2day from all claims asserted by third
parties based on an infringement of their rights in connection with this
contract. The user shall bear all the costs incurred for legal defence as
a result thereof. If desired by Drive2day, the user must place Drive2day
in a position to defend itself against third party claims at the expense
of the user.
- Uploading pictures on which the user or it's vehicle is not being displayed or which violate copyrights of third parties, are prohibited.
§5 Offering Users
- Every offering user shall
register separately and give a full and truthful description of all selection
criteria and give notification of any changes immediately. Drive2day shall
present offering users in a suitable manner and mediate car passengers upon
request within the scope of technical possibilities by using a selection
system to be determined by drive2day.
- Offering users are obliged to describe offers according to the best
of their knowledge and belief and to disclose all circumstances, especially
regarding the safety of car passenger opportunities and any other circumstances
of importance. Offering users shall observe applicable laws, particularly
traffic laws and provisions under the German Penal Code, as well as this
contract and amended versions thereof.
§6 Liability of Drive2day
- Drive2day shall not be liable
for the carrying out, progress and safety of journeys. In particular, Drive2day
shall not assume liability for damage of mediated journeys based on accidents
which occur before, during or after the carrying out of the journey. Drive2day
does not guarantee minimum turnover and shall not be liable for losses in
remuneration, especially due to the lack of operational readiness of the
Internet platform or technical facilities. Drive2day shall be liable for
intentional or grossly negligent conduct, but not for lost profits or non-collectible
payments. The liability for slight negligence outside essential contractual
duties and personal injury is restricted to foreseeable damage.
§7 Liability of Users
- The user shall be liable for the
improper use of the services, breaches of this contract or other duties. The
user shall also compensate damage caused by co-users or the unauthorised use
of his registration data if and to the extent that he is responsible for such use.
§8 Rights of use
- The user shall assign to Drive2day
the temporally and spatially unrestricted right to use material or contents
provided under this contract for the implementation thereof in any manner
without further consent, to reproduce, disseminate and present such, to
transfer such via trunk circuits or wireless, to process or to redesign
such. The user shall ensure that rights, if any, according to Sections 12,
13 sentence 2 and 25 German Copyright Act are not asserted. Drive2day may
grant licences to third parties or assign the acquired rights to third parties
in toto or in part without obtaining the consent of the member.
§9 Data protection
- Drive2day shall observe applicable
data protection laws. If Drive2day utilises the services of third parties
to provide the services it offers, Drive2day shall be entitled to pass on
the data of the member within the scope of applicable laws, if the interests
of the member worthy of protection are not endangered and this is necessary
to perform accruing tasks.
- How Drive2day handles the personal user data can be found here.
- The contract shall run for
an indefinite period of time and may be terminated by the user at any time
without observing a notice period by erasing the registration data. If the
form is not available for retrieval, notice of termination shall be sent
by email to info (at symbol in email address)drive2day.de.
- Drive2day may terminate the contract at any time by email by observing
a notice period of one week. In the event of the improper use of the services,
in particular in the event of infringements against §§ 4 or 5
or in the event of a justified suspicion, the user can be debarred from
the use of the service after his immediate termination or the user 's data
can be blocked or erased.
§11 Final provisions
- This contract shall be governed
and construed exclusively in accordance with the laws of the Federal Republic
of Germany for domestic parties to the contract. The place of performance
for this agreement is the registered office of drive2day. In case of disputes,
the courts at Frankfurt, Federal Republic of Germany, shall have jurisdiction
and venue, if permitted and agreed.
- Should provisions of this contract be or become invalid or should lacunas
be discovered, this shall not affect the validity of the remaining provisions.
In such a case, the parties to the contract undertake to agree upon reasonable
provisions which most closely approximate the intention of the parties according
to the spirit and purpose of the contract.
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