Terms of Service
§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 using the webseite of Drive2day. The subject matter is the use of an Internet platform for the mediation of opportunities to travel by car, train or bus (hereinafter: car passenger opportunities). In this connection Drive2day provides a platform for companies to present their offers, whereby Drive2day assumes the mediation of the trips 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, bus and train trips. Users can inquire about such car, bus or train 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 an offer.
§4 General Obligations of the User
- The use of the Drive2day databases for commercial purposes is prohibited.
- 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 facilities.
- 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.
§5 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.
§6 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.
§7 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.
§8 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.
§9 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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