1. General information

2. Registration

3. Services of the ride2go portal

4. Binding character of published offers

5. User’s obligations

6. Data protection and data privacy consent

7. E-mail notifications and newsletter

8. Term and termination

9. Warranty/liability

10. Withdrawal information

11. Governing law, jurisdiction and miscellaneous provisions

ride2go GmbH, Erlenstr. 7, 71297 Mönsheim, represented by their management (hereinafter referred to as “ride2go”) operates an online portal (“ride2go Portal”) providing the arrangement of carpools and matching of rides as well as access to transport options of external partners (e.g. travel by rail, coach, third party carpooling portals, etc.). To a limited extent, access to and use of the ride2go Portal are also possible using the ride2go Portal’s apps.

ride2go GmbH provides access to and enables the use of the ride2go Portal on the basis of these General Terms and Conditions (GTC). The GTC shall govern the relationship between ride2go GmbH as the operator of the ride2go Portal and the users of the ride2go Portal. The ride2go Portal’s propositions only address consumers as defined in Section 13 of the German Civil Code (private individuals). The legal relationship between the users, i.e. between drivers or persons offering a ride and passengers, shall not be affected by these GTC.

The ride2go Portal can be provided to users via an integration in the offer of third parties (for example cooperation partners). In the case of provision by a third party, the respective third party providing the service is not the operator of the ride2go Portal. The third party assumes no obligation in connection with the ride2go Portal and concluded via the ride2go Portal agreements.

2.1 By registering with ride2go Portal, users are deemed to accept these General Terms and Conditions.

2.2 Upon supplying the data required for registration, users shall receive an e-mail containing a link to confirm the validity of the registration. The registration shall be successfully completed, if the ride2go Portal informs users of the activation of the user account. We have the right to refuse the registration of an account at our sole discretion.

2.3 The successful registration forms a contract between the ride2go Portal operator and the registered user governing the use of ride2go Portal (“User Contract”). The terms of the User Contract arise from these GTC. The purpose of the User Contract is the arrangement of carpools and matching of rides (“Purpose”).

3.1 On the ride2go Portal, ride2go GmbH provides an offer which is free of charge and accessible to anyone. The ride2go Portal offers registered users the opportunity to add their own content to the ride2go Portal and make such content available to third parties. No registration shall be required to browse rides offered and searched by other users and to establish contact with the person offering or searching a ride (unless restricted by a user, cf. Clause 3.3). Rides posted on the ride2go Portal shall also feature in the framework of partner programmes (e.g. http://www.lindlar.de/pendler ), third party offers (e.g. http://www.Fahrtfinder.net) and ride2go GmbH’s propositions for cooperation partners (e.g. business solutions: https://www.fahrgemeinschaft.de/unternehmen.php).

3.2 The ride2go Portal shall provide information so that drivers and passengers may initiate contact with each other. The services provided by the operator of the ride2go Portal shall be limited to the mere technical coordination by running the ride2go Portal. At no point in time shall the operator of the ride2go Portal engage in the coordination process between drivers and passengers. Drivers and passengers shall agree without any involvement of the ride2go Portal whether or not they will share a ride. Drivers and passengers shall clarify among themselves all relevant information (e.g. the amount of the contribution to the trip expenses).

3.3 Posting users may restrict access to their contact details (e.g. last name, phone number, e-mail address) for each individual ride selecting one of the four visibility options below:

1. visible to all users (default),

2. visible to registered users only,

3. hidden, i.e. not visible.

3.4 Users of the ride2go Portal wishing to accept the offer of an external partner will be redirected to this external partner’s website through a link. The use of any external partner’s offer shall not be subject of these GTC.

3.5 The ride2go Portal operator will, at their sole discretion, endorse single users or their rides, including, without limitation, on the ride2go Portal (for instance members of a mobility club by means of a seal or badge). No user shall have a rightful claim on any such endorsement.

3.6 The ride2go Portal functionalities defined herein may be not or not fully available to users of the ride2go Portal app.

Any rides published on the ride2go Portal shall be regarded as non-binding. We expect our users and interested ride sharers to liaise in order to clarify the details of the trip (e.g. date and time of departure, place of departure and destination, amount of contribution to the trip expenses, etc.).

5.1 Users undertake to ensure that all data supplied during registration and use of the ride2go Portal will be correct and up-to-date at all times (including, without limitation, first name, last name, e-mail address, phone number).

5.2 Users are required to enter correct data when posting a ride or agreeing to share a ride.

5.3 Users are required to keep any passwords randomly selected in line with the security requirements during their registration confidential and they are not to grant any third party access to the ride2go Portal user area. Users are not permitted to register any third parties without their knowledge and consent on the ride2go Portal. Likewise, they are not permitted to post any comments or content on behalf of third parties.

5.4 Any and all information published on the ride2go Portal shall not be used unless for private purposes and to the extent permitted by law. Users are not permitted to disseminate any unsolicited advertising (“no spam” policy). We expect that users contact each other to arrange for shared rides.

5.5 Users are required to comply with applicable and prevailing law when using the ride2go Portal. This shall apply in particular to any ban on publishing insulting, untrue, racist or pornographic content or content that glorifies violence or endangers minors. The ride2go Portal shall not be used for any illegal purposes.

5.6 Commercial offers of rides on the ride2go Portal shall not be permitted unless in compliance with applicable law and subject to the ride2go Portal’s operator’s express prior consent. The criteria for differentiating between private and commercial offers are outlined at http://www.fahrgemeinschaft.de/forum/topic/302-regeln-zur-unterscheidung-von-gewerblichen-und-privaten-fahrern-bei-fahrgemeinschaftde/ .

5.7 No user shall undertake any activities aimed at compromising the ride2go Portal functionality or use.

5.8 Users shall ensure that any uploaded content and materials are unencumbered by and do not infringe third party rights. Users shall indemnify and hold the operator of the ride2go Portal harmless from and against any and all third party claims, including any reasonable defence costs incurred, resulting from any uploaded content or material or arising out of a user’s behaviour on the ride2go Portal.

6.1 ride2go Portal’s operator distinguishes between personal data (“Personal Data” i.e. a user’s name, contact details, profile data) and trip data (“Trip Data” e.g. place of departure, destination and time of a trip). Personal Data describes or identifies a person, while Trip Data describes or identifies a ride offered or requested.

6.2 The ride2go Portal operator represents and warrants that the Personal Data of users shall only be collected, stored and processed to the extent required in order to provide the services hereunder and where legally permitted or required. The ride2go Portal operator represents and warrants that any Personal Data shall be handled in compliance with applicable data protection law. Personal data shall be treated as confidential and stored exclusively on the servers of the ride2go Portal operator and shall at no time be disclosed to third parties unless with the user’s express prior consent.

6.3 Upon registering, all users grant the ride2go Portal operator a royalty-free, revocable licence to use Personal Data and Trip Data within the Purpose. This shall include, without limitation, the storage of data on the servers of the ride2go Portal operator and its publication (e.g. by showing user data on the ride2go Portal), and its processing and duplication where this is required in order to keep the details on standby or to publish them. The user may optionally consent to the use of his data by a cooperation partner(e.g., a mobility club) at registration.No personal data will be transmitted to the cooperation partner without the express consent of the user.

6.4 Upon registering, all users grant the ride2go Portal operator a royalty-free, revocable licence to transfer Trip Data to external third parties within the limits of the Purpose. External third parties shall mean the operators of mobility portals (e.g. Fahrtfinder.net). Users shall grant to the external third parties the right to process transferred Trip Data and display it on an external website. For the avoidance of doubt, the information displayed on external websites shall not include Personal Data. The only inference between Trip Data and Personal Data shall be made by means of their exposure on the ride2go Portal operated by ride2go GmbH. External third parties shall redirect any prospective ride sharers wishing to associate Trip Data with Personal Data to the ride2go Portal operated by ride2go GmbH. Interested ride sharers shall not be able to view Personal Data unless on the ride2go Portal operated by ride2go GmbH. In addition, ride2go GmbH shall procure that external third parties agree not to relocate any user data into permanent storage and not to use it unless for temporary display within a posted ride.

6.5 Upon registering, users grant the ride2go Portal operator a royalty-free, revocable licence to include Trip Data and Personal Data in schemes operated by ride2go GmbH for cooperation partners within the limits of the Purpose. Schemes operated by ride2go GmbH for cooperation partners shall mean partner programmes (e.g. http://www.lindlar.de/pendler) or business solutions (e.g. https://www.fahrgemeinschaft.de/unternehmen.php). In the framework of schemes operated by ride2go GmbH for cooperation partners no Personal Data or Trip Data shall be transferred to such cooperation partners. ride2go GmbH shall process and store Personal Data and Trip Data for programmes of cooperation partners only on servers of ride2go and present such data via a direct connection only on those web page sections of cooperation partners that are administered by ride2go GmbH. In addition, ride2go GmbH shall procure that cooperation partners agree not to use any user data unless for temporary display within a posted ride.

6.6 By registering with the ride2go Portal, users are deemed to agree to the use and publication of their data by the ride2go Portal.

6.7 Users agree that all entered data shall be freely readable on the ride2go Portal and the carpooling options of cooperation partners (cf. Clause 6.5) unless flagged for restricted publication (cf. Clause 3.3). For the avoidance of doubt, also users will be able to view such data who are not registered or not logged in.

6.8 Where users of the ride2go Portal are requested to provide their data protection consent, they shall be informed about their right to withdraw such consent with immediate effect at any time (cf. Clause 10 Withdrawal information).

6.9 Additional information on data protection and the purpose, manner and extent of the collection, processing and use of Personal Data is laid down in the Privacy Notice.

7.1. For some functionalities the ride2go Portal needs to e-mail users. To be able to use these functionalities, users should ensure that their e-mail address is correct and functioning at all times.

7.2 The ride2go Portal informs users from time to time by e-mail (newsletter) about new features of the ride2go Portal. Users who are not interested in receiving this newsletter can unsubscribe at any time clicking the unsubscribe link or disabling the relevant setting in their user account.

8.1 The User Contract between the ride2go Portal operator and users concluded by registering shall run for an unlimited period. Both the users and the ride2go Portal operator are entitled to terminate this User Contract at any time.

8.2 The ride2go Portal operator shall furthermore be entitled to terminate a User Contract with immediate effect if the relevant user stands out for posting any infringing content or otherwise violates any material provisions of these GTC. The ride2go Portal operator can, if expedient at their sole discretion, give such user a warning before terminating the User Contract.

8.3 Notwithstanding the option to terminate the User Contract, the ride2go Portal operator reserves the right to disable one or more functionalities for such user, if applicable with immediate effect, and/or freeze the user account.

8.4 At their sole discretion, the ride2go Portal operator shall be entitled to take specific measures targeted at single ride offers or other publications that may be required or appropriate to safeguard the interests of other users, of the ride2go Portal or of third parties. The above shall be deemed to include the deletion of offered rides and posted messages.

8.5 Any and all user data shall be erased without delay upon termination of the User Contract. No data shall be archived. Details on how user data is handled are laid down in the Privacy Notice.

9.1 The ride2go Portal operator makes no warranty as to the uninterrupted regular operation or 24 hour availability and operability of the ride2go Portal since technical server failures or inconsistent access quality cannot be ruled out.

9.2 The ride2go Portal operator in their capacity as a service provider as defined in the German Telemedia Act is neither obliged to monitor the data users transmit or store on the portal, nor to search for circumstances which might indicate unlawful activities. However, upon obtaining knowledge or awareness of any such activities, the ride2go Portal operator shall investigate the matter and promptly remove, or disable access to, any illegal content.

9.3 The ride2go Portal operator shall indemnify users without limitation for and against any wilful damage or harm to life, body or health or any other damage resulting from the intentional or grossly negligent breach of duty or fraudulent misrepresentation by the ride2go Portal operator, their legal representatives, directors or contractors and agents. In addition, the ride2go Portal operator shall be liable without limitation for any damage arising under any mandatory liability laws such as the German Product Liability Act, and in the event that any guarantees were given.

9.4 Without prejudice to the provisions in Clause 9.3 above, the ride2go Portal operator shall be liable for wilful breach of a material duty, i.e. a duty which is a condition precedent for the proper performance of this User Contract and on the fulfilment of which users may rely, however limited to the extent of such typical damage as was reasonably foreseeable.

9.5 The ride2go Portal operator shall not assume any further liability exceeding Clauses 9.3 and 9.4. Upon registering, all users acknowledge and confirm that the ride2go Portal operator shall not be liable in relation to shared rides or any agreements made between users (i.e. transport contracts).

Users can revoke their registration in writing at any time with immediate effect and without stating the reasons (e.g. by e-mail, letter or fax sent to the ride2go Portal contact details in the site notice) or by closing their account. If a user withdraws from the contract or if a user account was closed, any and all data relating to such user shall be erased without delay. No data shall be archived.

Users can withdraw any consent given at any time with immediate effect in writing without stating the reasons (e.g. by e-mail, letter of fax sent to the ride2go Portal contact details in the site notice) or by changing the relevant permissions settings in their user profiles.

11.1 The parties agree to apply the laws of the Federal Republic of Germany without regard to its conflict of laws rules.

Special regulation for Switzerland: Swiss law applies excluding the norms of conflict of laws (Art. 113, 120 para. 1 IPRG).

11.2 Disputes relating to this legal relationship shall be subject to the exclusive jurisdiction of the courts in Stuttgart/Germany.

Special regulation for Switzerland: When applying the provisions of the consumer contract within the meaning of the Swiss IPRG, the place of jurisdiction may be the domicile of the user.

11.3 Should any clause or provision herein be or become invalid or void, the validity of the remaining provisions shall not be affected.

11.4 The ride2go Portal operator reserves the right to amend these GTC. The ride2go Portal operator shall notify users of GTC amendments, if any, by e-mail. Unless a user objects to the application of any new GTC within six (6) weeks upon receipt of the e-mail, such amended GTC shall be deemed to have been accepted. In such amendment notification, the significance of the above time limit shall be expressly pointed out. If a user objects to the application of any new GTC within six (6) weeks, the ride2go Portal operator shall be entitled to terminate the User Contract.