General Terms and Conditions for Users regarding Mobility Service Brokering through the Goodride App (GTC)
1 Scope of application
1.1 These GTC apply to the relationship between DeTeFleetServices GmbH (hereinafter: DeTeFleet ) as an intermediary and the users of the GOODRIDE brokerage 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 give effective consent, they may not use the app.
1.4 DeTeFleet reserves the right to amend these GTC in and with effect for the future. DeTeFleet will inform users of any changes in good time. For this purpose, it is sufficient for DeTeFleet to inform the user of the new version of the GTC by e-mail and/or notification in the app. Changes only become part of the contract once the user has agreed to them. If consent has not already been given in the app, the changes shall be deemed to have been approved if the user has not objected to the changes within one month of 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 contract
2.1 The services of DeTeFleet consist of the mediation of mobility services from various operating companies (hereinafter “mobility providers”) with the help of the app and an associated platform solution with the aim of enabling a continuous end-to-end journey involving various mobility solutions in one app. This enables the user to have journey requests sent to all mobility providers integrated at any given time via the app. DeTeFleet is neither responsible nor liable for the actual transport services, including the availability of the transport and service requested by the user, nor for the actual realisation of an end-to-end journey by the user. If the app offers the option of choosing between the fastest, cheapest or most environmentally friendly route, DeTeFleet is solely responsible for assessing the criteria for evaluating the routes. The user is not entitled to complete and correct information before and during the journey and/or successful placement and/or conclusion of transport contracts.
2.2 DeTeFleet has the right to change its services at any time, without individual notification to the user, for example in order to further develop and improve their quality, or to partially or completely discontinue the services. Information about such changes or adjustments to the service will be provided in good time in advance via the app.
3 Mobility services
3.1 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. The contractual partner of the user is the respective mobility provider of the booked journey.
3.2 The contract is concluded by confirming the booking of the journey in the app. The purchase price is due immediately or after completion of the journey, depending on the mobility service selected.
3.3 The mobility providers themselves are responsible for the mobility services. The General Terms and Conditions of the respective mobility provider apply to the use of the mobility services. These will be made available to the user before the booking is made and, if necessary, the user’s consent will be obtained.
3.4 The privacy policy of the respective service provider will also be made known to the user before booking the mobility service.
3.5 DeTeFleet is solely responsible for deciding in every respect on the content and scope of the mobility services brokered by the app and may adjust the composition of the mobility services offered for brokerage at any time without the user’s consent. At no time does the user have a claim to the mediation of a specific service from a specific provider by the app.
4 Use of the GOODRIDE agent app
4.1 Use of the app requires the user to register with GOODRIDE (“user account”), stating their title, first and last name, gender, date of birth, address, email address and telephone number and setting an individual password, and may only take place with the user’s own personal registration.
4.2 The user is always obliged to provide their personal data truthfully, completely and in accordance with the respective specifications of GOODRIDE and to keep it up to date and maintain it. The user must keep his login information for the user account safe and must not disclose it to third parties or allow them to access the app. The user is solely responsible for the confidentiality and security of their user account. The user must notify DeTeFleet immediately of any unauthorised use by third parties or any suspicion thereof by telephone at +49 21152082018 and also 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 is responsible for ensuring, at his own expense, that the technical requirements necessary for the use of the app are available on his end device.
4.4 The user must use the app in such a way that it is not impaired, overloaded or damaged and that the purpose pursued with the app is neither jeopardised nor circumvented. The user shall not circumvent or modify the app’s security precautions himself or through third parties.
4.5 DeTeFleet expressly reserves the right to completely or temporarily block the user’s user account with all functions if this is justified for objective reasons in connection with the security of a user account, e.g. if there is a suspicion of unauthorised or fraudulent use of the user account. In such cases, DeTeFleet undertakes to inform the user of the blocking of his user account, stating the relevant reasons, insofar as legally permissible, if possible before the blocking, but at the latest immediately after the blocking.
4.6 The user is obliged to back up the data stored by him/her using the app by other means. DeTeFleet accepts no liability 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 section 5, the user shall pay the transport charges owed to the respective mobility provider for the mobility services booked via the app in a cashless manner via the app (e-payment service). DeTeFleet and all mobility providers available in the app use the financial company LOGPAY Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter also referred to as “LOGPAY”) to process the e-payment service.
5.2 The collection of the payment claim for the purchased products is carried out by LOGPAY, to which all of these payment claims, including any ancillary claims and fees, have been sold and assigned (notice of assignment). LOGPAY is a third-party beneficiary of the following provisions. It is also authorised to collect the receivables in its own name and for its own account.
5.3 In order to use the e-Payment Service, the user must register with GOODRIDE in the app, providing the following information truthfully and in full:
- Name and full address
- Date of birth
- E-mail address
- Desired payment method
- Account details with IBAN (in the case of SEPA Direct Debit Scheme)
- Credit card details (in case of credit card payment)
The user undertakes to change the essential data for the contractual relationship (in particular address and payment method) immediately in his personal login area in the event of changes. If the user fails to fulfil their obligation to provide information, LOGPAY is entitled to charge the user for any additional expenses incurred as a result.
5.4 In addition to the conditions described above, the following provisions apply to payment for the booked product. All payment methods are only available to persons over the age of 18 with full legal capacity. Prepay methods are also available to minors of limited legal capacity aged 7 and over.
The user can choose between the following payment methods for orders in the app:
- Billing via credit card (Visa, MasterCard)
- Payment via PayPal
Other payment methods are excluded. The user is not entitled to use a specific payment method.
5.5 The collection of the claim via SEPA direct debit or credit card is usually carried out by LOGPAY within the next five (5) bank working days after the 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 the “sales overview”) contains individual proofs of purchase and can only be viewed and accessed electronically via the web shop by registered users.
5.6 If the SEPA direct debit procedure is selected, the user’s personal data (first name, surname, address, date of birth and email address) and an account details within the European Union are required for the clear allocation of a payment for a purchased product. By selecting this payment method, the user authorises LOGPAY to collect payments from their specified account by SEPA direct debit with their consent to these GTC. At the same time, they instruct their payment service provider to honour the direct debits drawn by LOGPAY on their account. The user is informed that he/she may request reimbursement of the debited amount within eight weeks of the debit date. The 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 the SEPA direct debit has been obtained.
The user undertakes to provide all account details 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 shop system or the app. In the SEPA Direct Debit Scheme, the user receives an advance notification (prenotification) from LOGPAY about the collection date and amount. The user receives the prenotification at least two (1) days before the claim is collected. 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 authorisation or if the collection of the claim 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 details or objection – the payer is obliged to ensure sufficient funds or to remedy the reason for the payment disruption 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 is 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 is 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 waiver being passed on to the aforementioned parties.
If the user is not the account holder, he/she is obliged to forward the mandate reference number to the account holder.
5.7 Billing for mobility services via credit card is only possible with Visa and MasterCard. Other credit card types are not accepted. During the order process, the following credit card details of the user are recorded
- Surname and first name of the credit card holder
- Credit card type (Visa or MasterCard […])
- Credit card number
- Credit card expiry date
- CVC code of the credit card
and transferred to the LOGPAY server for debt collection.
LOGPAY’s system checks the credit card details provided by the user for accuracy and any blocking notices issued by the respective credit card issuer. In the event that the user is not the holder of the specified credit card, the user shall ensure that the cardholder has authorised the charge. The user must also ensure that the specified credit card is not blocked and has a sufficient limit. If the authorisation fails for any reason, the user will 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 authorised, the amount of which depends on the service booked. The amount is 5.00 euros for the hire of an eScooter and 25.00 euros for taxi journeys. As soon as the amount due has been determined, the credit card will be debited with the amount due and the remaining authorised amount will expire. The user’s purchase offer can only be accepted if the authorisation is successful. If the amount due exceeds the authorised amount, the difference due will be charged in a second transaction.
The time of debiting the user’s account is determined by the respective credit card agreement between the user and 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 it necessary to carry out the 3D Secure procedure, the check will not be carried out.
The user must 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 claim fails for reasons for which he is responsible, he is obliged to ensure sufficient funds or to remedy the reason for the payment disruption 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 is entitled to claim further damages for default.
5.9 To pay via PayPal, the user selects PayPal as the payment method. He will then be directed to the PayPal site where he enters the required data, in particular his name and address. As a non-registered user, the user confirms the payment. As a registered user, the user concludes a billing agreement with LOGPAY, under which the user’s PayPal account is debited with the receivables due. The purchase offer of the non-registered or registered user can only be accepted if the PayPal account is successfully debited. The user will either receive a confirmation or a rejection. If the amount of the claim is not fixed before the start of the journey, an amount is authorised, the amount of which depends on the service booked. The amount is 5.00 euros for the hire of an eScooter and 25.00 euros for taxi journeys. As soon as the amount of the claim due has been determined, the PayPal account will be debited with the amount of the claim actually due and the remaining authorised amount will expire. The user’s purchase offer can only be accepted if the authorisation is successful. If the claim due exceeds the authorised amount, the difference due will be debited by a second transaction.
5.10 DeTeFleet expressly reserves the right to no longer offer certain payment methods in individual cases.
5.11 DeTeFleet accepts no liability whatsoever for the processing of cashless payments by the respective payment service provider. In the event of incorrect or erroneous bookings or faults during the payment process, the user must contact the payment service provider and/or the payment centre themselves.
5.12 In principle, it is possible for third parties to issue vouchers to users that can be used in the app for the booking and use of journeys by the user. The use of the vouchers is a legal transaction between the user and the issuer of the voucher in which DeTeFleet is neither directly nor indirectly involved. The validity and use of these vouchers, including within the app, are therefore generally based on the conditions attached to the voucher by the respective issuer of the voucher.
6 Remuneration for GOODRIDE’s services
The user shall not incur any fees for GOODRIDE’s services.
7 conditions for vouchers in the goodride app
The following conditions apply to all vouchers issued by DeTeFleet in the goodride app.
The vouchers are purely digital products and can only be redeemed in the goodride app.
A combination with other vouchers or a transfer of vouchers to other users is not possible.
The vouchers can only be redeemed during the current booking process. Payment or offsetting against previous bookings is excluded.
The voucher can only be redeemed within the specified period. However, the vouchers are generally subject to the statutory limitation period of 3 years. This applies from the time the voucher is granted.
Vouchers can only be redeemed once.
Vouchers can generally be redeemed for all products offered in the goodride app, unless otherwise specified in the respective voucher.
Goodride vouchers are only valid in the Federal Republic of Germany.
DeTeFleet reserves the right to refuse voucher redemptions for existing outstanding invoice amounts.
Vouchers can only be redeemed once per customer per order process. If the voucher amount is not used up with one booking, the remaining amount can be used for subsequent bookings.
A cash payment or transfer of the voucher value to another voucher is not possible. There is also no interest on the credit balance of the voucher.
If the credit balance on the voucher is not sufficient for the entire booking, the remaining amount will be paid using a payment method offered in accordance with our General Terms and Conditions.
8 Rights of use
8 .1 DeTeFleet grants the user a simple, revocable, non-transferable and non-exclusive right of use for the use of the app, insofar as this is necessary for the use of the app for brokerage purposes within the scope of these GTC. However, this right of use of the user is limited to use for the user’s own purposes. Any commercial onward transfer or other utilisation of GOODRIDE services or content is expressly prohibited.
8 .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 also prohibited from decompiling, disassembling or reverse engineering the app or performing any similar action.
9 Prohibited use, responsibility for content
9 .1 The user is prohibited from uploading, storing, transmitting or distributing illegal, youth-endangering, derogatory and/or otherwise offensive and other unlawful content in the app. This also includes the unlawful distribution of content in violation of data protection law, copyrights, industrial property rights, ancillary copyrights, personal rights and/or other third-party rights.
9 .2 The user of the app is solely responsible for the content transmitted by him and his use of the app. Content created or provided by third parties or another user and transmitted under the user’s registration shall also be attributed to the user in relation to GOODRIDE.
9 .3 DeTeFleet reserves the right, without being obliged to do so, to check the user’s content to see whether it is in accordance with the uses permitted under these GTC. In the event of an offence or the likelihood of an offence, DeTeFleet is entitled to block, modify and also delete the user’s content. Furthermore, DeTeFleet is authorised to block the user account of the respective user in whole or in part with immediate effect and/or to terminate the app usage contract. The assertion of other claims by DeTeFleet remains unaffected by this.
10 Third-party property rights, indemnification
10 .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 as a result of an infringement of third-party rights, including the reasonable costs incurred for legal defence. All further rights and claims for damages on the part of DeTeFleet remain unaffected.
10 .2 If third parties assert claims against DeTeFleet due to an infringement of rights, the user is obliged to inform DeTeFleet comprehensively and immediately, insofar as this is necessary for examination and defence.
10 .3 If the use of the app by the user infringes the rights of third parties, the user shall immediately cease using the app in breach of contract and/or the law.
11 Availability
DeTeFleet endeavours to achieve the highest possible availability and to rectify faults as quickly as possible. However, the user has no claim to constant and uninterrupted availability of the app or a mobility service offered by the app.
12 Special conditions for arranged mobility services for taxis
12 .1 A legally binding transport contract between the user and the relevant taxi company is concluded when the user’s journey request (offer) is accepted by a taxi company. The user is informed of the acceptance of their journey request by a taxi company by a change in the status of their booking in the app. As soon as a journey request has been accepted by a passenger transport company, the user’s details (name and telephone number) are transmitted to the driver carrying out the journey for identification purposes or to make contact if necessary.
12 .2 The carriage charge for a taxi journey arranged by GOODRIDE is based on the locally applicable taxi fare regulations and other provisions for taxi transport.
13 Liability
13 .1 DeTeFleet is only 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 incorrect, incomplete or delayed transmission of information or a lack of availability or malfunction of the app, DeTeFleet shall only be liable insofar as this was caused by intent or gross negligence.
DeTeFleet shall only be liable for simple negligence in the event of a breach of a material contractual obligation and only for foreseeable and typical damages. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely.
The limitations of liability defined here do not apply in the context of guarantees assumed, for injury to life, limb and health or for claims arising from the Product Liability Act.
13 .2 Should the app or the transmission of data lead to impairments or damage to the user’s hardware or software, DeTeFleet shall be liable for these insofar as they were caused by intent or gross negligence.
13 .3 Damages incurred by the user in the course of the mobility services provided by DeTeFleet are to be settled between the parties to the transport contract (i.e. the user and the respective mobility provider). Liability on the part of DeTeFleet for the services provided by the mobility provider is generally excluded.
14 Contract term and termination
14 .1 The app usage contract is concluded upon acceptance of the GTC by the user upon registration and is concluded for an indefinite period.
14 .2 The app usage contract can be cancelled by either party in text form at any time without giving reasons.
15 Data protection
With regard to data protection regulations, please refer to the privacy policy, 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).
16 Other
16 .1 The law of the Federal Republic of Germany shall apply.
16 .2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Bonn, provided that the user is a merchant within the meaning of the German Commercial Code or the user is not domiciled in the Federal Republic of Germany at the time the action is brought.
16 .3 DeTeFlee t is authorised to transfer the rights and obligations arising from this contract to Telekom Deutschland GmbH, GmbH, Landgrabenweg 151, 53227 Bonn, (Bonn Local Court HRB
5919 ) or to another third party without your consent. In the event of a transfer to an unnamed third party, you have the right to terminate the contract with DeTeFleet without notice. 15.4 Should any provision of these GTC be invalid or unenforceable or should they contain a loophole, this shall not affect the validity of the remaining provisions. In place of the ineffective provisions or to fill the gap, a provision shall apply that comes closest to the economic purpose of these terms and conditions.
17 Information on online dispute resolution
17 .1 The EU Commission has created an internet platform for the online settlement of disputes (“ODR platform”). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts. You can access the ODR platform via the following link: ec.europa.eu/consumers/odr.
17 .2 DeTeFleet is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.+
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