goodride AGB - EN (Version D-Ticket) • Goodride

General Terms and Conditions for Users regarding Mobility Service Brokering through the Goodride App (GTC) ( Version D-Ticket)

General Terms and Conditions for Users for the Provision of Mobility Services through the Goodride App (GTC) 1 Scope1.1 These GTC apply to the relationship between DeTeFleetServices GmbH (hereinafter: DeTeFleet ) as an intermediary and the users of the GOODRIDE intermediary app (hereinafter “App”) and also apply to future contractual relationships between GOODRIDE and the users.1.2 By installing and using the app, the user agrees to the validity of these GTC. If the user is unable or unwilling to declare effective consent, he may not use the app.1.3 DeTeFleet reserves the right to amend these GTC in and with effect for the future. DeTeFleet shall inform the User in due time about any changes. For this purpose, it is sufficient that DeTeFleet informs the User about the new version of the GTC by a notification via e-mail and/or notification in the app. Changes shall only become part of the contract if the user has agreed to them. If consent has not already been given in the app, the amendments shall be deemed to have been approved if the User has not objected to the amendments within one month after notification by e-mail. DeTeFleet shall inform the User in the e-mail of the possibility to object and the significance of the one-month period. 2 Subject matter of the contract2.1 The services of DeTeFleet consist of the brokerage of mobility services of various service companies (hereinafter “Mobility Providers”) and the distribution of ticket subscription solutions in the German local public transport system by means of the app and an associated platform solution. DeTeFleet is neither responsible nor liable for the actual transportation services including the availability of the transportation and service requested by the User nor for the actual occurrence of a trip of the User.2.2 DeTeFleet has the right to change the scope of its services at any time, without individual notification to the User, for example in order to develop them further and improve their quality, or to discontinue the services partially or completely. Information about such changes or settings of the service shall be provided in good time beforehand via the app. 3 Ticket subscription solutions and mobility services3.1 In the course of using all mobility services available in the app, DeTeFleet acts as an intermediary of a service contract with the respective mobility provider and expressly does not become a contractual partner of the User for the provision of the mobility service.3.2 The Mobility Providers themselves are responsible for the Mobility Services. The General Terms and Conditions of the respective Mobility Provider shall apply to the use of the Mobility Services.3.3 If the User purchases a ticket subscription solution via the app, such as the “Deutschlandticket”, which can be terminated on a monthly basis, the cancellation period for the following month generally ends on the 10th of the current month. Cancellation shall only be carried out using the procedure provided for this purpose in the app. 4 Use of the GOODRIDE mediator app4.1 The use of the App requires that the User registers with GOODRIDE (“User Account”) by providing his/her title, first and last name, gender, date of birth, address, email address and telephone number, and the definition of an individual password, and may only take place with the User’s own personal registration in each case.4.2 The user shall provide his personal data truthfully, completely and in accordance with the respective specifications of GOODRIDE and to keep and maintain them up to date. The user shall keep his login information to the user account safe and may not disclose it to third parties or allow them to access the app. The user is solely responsible for the confidentiality and security of his user account. The User shall immediately notify DeTeFleet of any unauthorized use by third parties or any suspicion thereof by telephone at +49 21152082018 and additionally immediately in writing or by e-mail ( DeTeFleet Services GmbH, Friedrich-Ebert-Allee 140, D-53113 Bonn; kundenservice_goodride@telekom.de).4.3 The user must ensure himself and at his own expense that the technical requirements necessary for the use of the app are available on his mobile device.4.4 The user shall use the app in such a way that it is not impaired, overloaded or damaged and that the purpose of the app is neither jeopardized nor circumvented. The user shall not circumvent or modify any security measures of the app, neither himself nor through third parties.4.5 DeTeFleet expressly reserves the right to block the User’s user account with all its functions, in whole or temporarily, if factual reasons in connection with the security of a user account justify such action, e.g. if there is suspicion of unauthorized or fraudulent use of the user account. In such cases DeTeFleet undertakes to notify the User of the blocking of his User account, stating the relevant reasons, to the extent legally permissible, as far as possible before, but no later than immediately after the blocking.4.6 The User is obligated to otherwise secure the data stored by him/her via the app. DeTeFleet shall not be liable for any loss of the User’s data stored in the app. 5 Conditions for the e-Payment Service 5.1 Subject to the conditions in this clause 5, the User shall pay the ticket fees owed to the respective Mobility Provider for the tickets and ticket subscription solutions obtained via the app in a cashless manner via the app (e-payment service). DeTeFleet and all providers available in the app use the financial company LOGPAY Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn, Germany (hereinafter also “LOGPAY”) to process the e-payment service.5.2 The collection of the fee claim for the purchased products shall be made by LOGPAY, to which all such fee claims, including any ancillary claims and fees, have been sold and assigned (notice of assignment). LOGPAY shall be a third-party beneficiary of the following provisions. It is also authorized to carry out the collection of receivables in its own name and for its own account.5.3 In order to use the e-Payment Service, the User shall register with GOODRIDE in the App by truthfully and completely stating the following points:

Name and full address
Date of birth
E-mail address
desired payment method
Account details with IBAN (in case of SEPA direct debit)
Credit card data (in case of credit card payment)

The user undertakes to change the data essential to the contractual relationship (in particular address and payment method) without delay in his personal login area in the event of changes. If the user fails to comply with his obligation to inform LOGPAY, LOGPAY shall be entitled to charge the user for any additional expenses incurred as a result.5.4 For the payment of the booked product, the following regulations apply in addition to the conditions described above. All payment methods are only available to persons over 18 years of age with full legal capacity. Prepay methods are also available to minors of limited legal capacity from the age of 7.The user can choose between the following payment methods for orders in the app:

Billing via the SEPA Direct Debit Scheme
Billing via credit card (Visa, MasterCard)
Payment via PayPal

Other payment methods are excluded. A claim of the user to use a certain of the mentioned payment methods does not exist.5.5 Collection of the receivable via SEPA direct debit or credit card shall be made by LOGPAY as a rule within the next five (5) banking days after purchase of the product. The debiting of the account or credit card depends on the processing of the user’s payment service provider. The overview of product purchases made (hereinafter also referred to as “sales overview”) contains itemized proofs of purchase and can only be viewed and accessed electronically via the webshop by registered users.5.6 If the SEPA direct debit method is selected, personal data of the user (first name, last name, address, date of birth and e-mail address) and a bank account within the European Union are required for the clear allocation of a payment for a purchased product. When selecting this payment method, the user authorizes LOGPAY to collect payments from his specified account by means of SEPA direct debit by agreeing to these GTC. At the same time, he instructs his payment service provider to honor the direct debits drawn on his account by LOGPAY. The user is advised that he can demand reimbursement of the debited amount within eight weeks, beginning with the debit date. The terms and conditions agreed with his payment service provider shall apply. In the event that the User is not the account holder of the specified account, the User shall ensure that the account holder’s consent for SEPA direct debit has been obtained.The user undertakes to provide all account data required for participation in the SEPA Direct Debit Scheme (in particular account holder and International Bank Account Number (IBAN)) and to enter them in the form provided for this purpose in the store system or the app. In the SEPA Direct Debit Scheme, the user shall receive an advance notification (prenotification) by LOGPAY of the collection date and amount. The User shall receive the advance notice (prenotification) at least two (2) days before collection of the debt. The prenotification shall be sent electronically with the order confirmation to the e-mail address provided.The user must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit is returned by the payer without authorization or if collection of the debt from the payer’s payment service provider fails for reasons for which the payer is responsible – in particular due to insufficient funds, incorrect or invalid account data or objection – the payer is obligated to ensure that sufficient funds are available or that the reason for the payment disruption is remedied so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LOGPAY shall be entitled to claim further damages for default.By agreeing to these GTC, the User waives the right to obtain a written SEPA direct debit mandate. The waiver shall be declared by the User to the User’s payment service provider, the creditor’s payment service provider and the creditor. The User agrees to the disclosure of the waiver to the aforementioned parties.If the user is not the account holder, he is obliged to forward the mandate reference number to the account holder.5.7 Billing of mobility services via the credit card procedure is only possible with Visa and MasterCard. Other types of credit cards are not accepted. During the ordering process, the following credit card data of the User will be collected

Surname and first name of the credit card holder
Credit card type (Visa or MasterCard […])
Credit card number
Credit card expiration date
Credit card CVC code

and transferred to the LOGPAY server for debt collection.LOGPAY’s system checks the credit card data provided by the user for correctness and, if applicable, any blocking notes of the respective credit card issuer. In the event that the user is not the holder of the credit card specified, the user shall ensure that the cardholder’s consent to the charge has been obtained. The User shall also ensure that the credit card specified is not blocked and has a sufficient limit. If the authorization fails for any reason, the User shall receive a corresponding error message.5.8 If the amount of the claim is not fixed before the start of the journey, an amount will be authorized, the amount of which depends on the booked service. The amount is 5.00 euros for the rental of an eScooter and 25.00 euros for cab rides. As soon as the amount of the due debt is determined, the credit card will be charged with the amount of the due debt and the remaining authorized amount will be forfeited. The User’s purchase offer can only be accepted if the authorization is successful. If the receivable due exceeds the authorized amount, the difference due will be charged by a second transaction.The time of debiting the User’s account is determined by the User’s respective credit card contract with his payment service provider.If the user’s payment service provider supports the “3D Secure procedure” (Verified by Visa / MasterCard® SecureCode™), this is used to increase security against misuse for payment by credit card. If the User’s payment service provider does not support the 3D Secure procedure or does not consider the implementation of the 3D Secure procedure to be necessary, the check will not be carried out.The User shall ensure that the claim can be collected via the credit card. If the user unjustifiably initiates a charge back (return of the amount) or if the collection of the debt fails for reasons for which the user is responsible, the user shall be obligated to ensure that sufficient funds are available or that the reason for the payment disruption is remedied so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LOGPAY shall be entitled to claim further damages for default.5.9 To pay via PayPal, the User selects PayPal as the payment method. He is then directed to the PayPal page, where he enters the required data. As a non-registered user, he confirms the payment. As a registered user, the user concludes a debit agreement (“Billing Agreement”) with LOGPAY, under which the user’s PayPal account is debited with the due receivables. The purchase offer of the non-registered or registered user can only be accepted if the debiting of his PayPal account is successfully carried out. The user will receive either a confirmation or rejection. If the amount of the claim is not fixed before the start of the trip, an amount is authorized, the amount of which depends on the booked service. The amount is 5.00 euros for the rental of an eScooter and 25.00 euros for cab rides. As soon as the amount of the due claim is determined, the PayPal account will be debited with the amount of the due claim and the remaining authorized amount will expire. The user’s purchase offer can only be accepted if the authorization is successful. If the due receivable exceeds the authorized amount, the difference due will be debited by a second transaction.5.10 DeTeFleet expressly reserves the right to stop the offering of certain payment methods in individual cases.5.11 DeTeFleet shall not assume any liability for the processing of the cashless payment by the respective payment service provider. In the event of incorrect or erroneous bookings or disruptions in the payment process, the User must contact the payment service provider and/or the payment office himself. 6 Remuneration for the services of GOODRIDEAny fees for the services of GOODRIDE are not incurred by the user. 7 Rights of use7.1 DeTeFleet grants the User a simple, revocable, non-transferable and non-exclusive right of use for the use of the app to the extent necessary for the use of the app for mediation purposes within the scope of these GTC. However, this right of use of the user is limited to the use for own purposes. A commercial transfer or other use of the GOODRIDE services or content is expressly prohibited.7.2 The User is prohibited from reproducing, renting or leasing, editing or otherwise redesigning, or sublicensing the App in whole or in part. The User is further prohibited from decompiling, disassembling or reverse engineering the App or performing any similar act. 8 Prohibited use, responsibility for content8.1 The user is prohibited from uploading, storing, transmitting or distributing illegal, youth-endangering, derogatory and/or otherwise offensive as well as other unlawful content in the app. This also includes the illegal dissemination of content in violation of data protection law, copyrights, industrial property rights, ancillary copyrights, personal rights and/or other third-party rights.8.2 The user of the app is solely responsible for the content transmitted by him and his use of the app. In relation to GOODRIDE, content created or made available by third parties or another user and transmitted under his registration is also attributed to the user.8.3 DeTeFleet reserves the right, without being obligated to do so, to review the User’s content to determine whether it is in compliance with the uses permitted under these GTC. In case of a violation or the probability of a violation DeTeFleet is entitled to block, modify and also delete contents of the User. Furthermore, DeTeFleet is entitled to block the user account of the respective User in whole or in part with immediate effect and/or to terminate the App Usage Agreement. This shall not affect the assertion of other claims by DeTeFleet. 9 Industrial property rights of third parties, indemnification9.1 The User shall indemnify DeTeFleet against all claims, including claims for damages, asserted by other users or other third parties against DeTeFleet due to an infringement of their rights by the content uploaded or generated by the User on the app or due to any other use of the app by the User, in particular due to a breach of the obligations under section 9 of these GTC. The User shall bear all reasonable costs incurred by DeTeFleet due to an infringement of third party rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages of DeTeFleet shall remain unaffected.9.2 If third parties raise claims against DeTeFleet based on the User’s violation of rights, the User shall inform DeTeFleet thereof comprehensively and without undue delay to the extent necessary for the examination and defense.9.3 If the rights of third parties are violated by the User’s use of the App, the User shall immediately discontinue the use of the App in violation of the Agreement and/or the law. 10 AvailabilityDeTeFleet endeavors to achieve the highest possible availability and to remedy disruptions as quickly as possible. However, the user has no right to constant and uninterrupted availability of the app or any mobility service offered through the app. 11 Liability11.1 DeTeFleet shall only be liable for damages incurred by the User through the use of the App in cases of intent and gross negligence. In particular, in cases where damage occurs due to an incorrect, incomplete or delayed transmission of information or a lack of availability or a malfunction of the app, DeTeFleet shall only be liable to the extent that such damage was caused by intent or gross negligence.DeTeFleet shall only be liable for ordinary negligence in the event of a breach of a material contractual obligation and only for foreseeable and typical damage. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the user may regularly rely.The limitations of liability defined herein shall not been applied on damages concerninggiven guarantees, injuries to life, body and health as well as for claims arising from the Product Liability Act.11.2 Should the App or the transmission of data lead to impairments or damages of the hardware or software of the User, DeTeFleet shall be liable for these insofar as they were caused by intent or gross negligence.11.3 Damages incurred by the User in the course of the performance of the mobility services arranged by DeTeFleet shall be settled between the contracting parties of the transportation contract (i.e. the User and the respective mobility provider). Liability of DeTeFleet for the services provided by the mobility provider is generally excluded. 12 Contract term and termination12.1 The App Usage Agreement shall come into effect upon the User’s acceptance of the GTC upon registration and shall be concluded for an indefinite period of time.12.2 The App Usage Agreement may be terminated by either party in text form at any time without giving reasons. 13 Data protectionWith regard to the data protection regulations, reference is made to the data protection declaration, which is available at https://www.telekom.de/datenschutzhinweise/view/288.html (German version) and https://www.telekom.de/datenschutzhinweise/view/300.html (English version). 14 Other14.1 The law of the Federal Republic of Germany shall apply.14.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC shall be Bonn, provided that the User is a merchant within the meaning of the German Commercial Code or the User does not have a place of residence in the Federal Republic of Germany at the time the action is filed.14.3 DeTeFlee t shall be entitled to transfer the rights and obligations arising from this Agreement to Telekom Deutschland GmbH, Landgrabenweg 151, 53227 Bonn, (Bonn Local Court HRB 5919) or to any other third party without your consent. In the event of a transfer to a third party not mentioned by name, you shall be entitled to terminate the contract with DeTeFleet without notice.14.4 Should any provision of these GTC be invalid, unenforceable or contain a gap, this shall not affect the validity of the remaining provisions. In place of the invalid provisions or to fill the gap, a provision shall apply that comes closest to the economic purpose of these Terms and Conditions. 15 Information on online dispute resolution15.1 The EU Commission has created an internet platform for online dispute resolution (so-called “ODR platform”). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts or online service contracts. You can access the ODR platform at the following link: ec.europa.eu/consumers/odr.15.2 DeTeFleet is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.The above text is a translation of the German version. The German version of the General Terms and Conditions shall be legally binding.