General Terms and Conditions

General Terms and Conditions

As of July 4, 2017

 

§ 1 Applicability

The following General Terms and Conditions (hereinafter referred to as "GTC") are an integral part of all contracts concluded between us, GHT Mobility GmbH, Torgauer Str. 12-15, 10829 Berlin, Germany, Managing Director Bruno Ginnuth, registered with the Commercial Register of the District Court of Charlottenburg under HRB 155922 B, (hereinafter "CleverShuttle") and you as our Customer.

§ 2 Use of the App and transport services as deliverables

(1) CleverShuttle provides its Customers with a free application (hereinafter "App") on various platforms, which Customers can install on their web-enabled mobile device. The use of the App allows the Customer to communicate with CleverShuttle's booking system to request the CleverShuttle transportation service and book it under the conditions set forth in the App (hereinafter "Service").

(2) The CleverShuttle transportation service is based on the concept that several customers with similar travel routes are transported together in a Shuttle to their respective final destination, saving costs, reducing traffic, and saving resources, with the Shuttle being filled to capacity under ideal circumstances (hereinafter "Concept").

(3) Following the booking process, the Customer concludes a separate fee-based transport contract for each ride According to the more detailed provisions of § 10 of these General Terms and Conditions, this contract of transportation is concluded with GHT Mobility GmbH or with a third party also operating under the CleverShuttle trademark. According to the preceding booking, GHT Mobility GmbH or the third party will transport the Customer with a motor vehicle (hereinafter "Shuttle(s)") in the respective business area at a fixed price determined individually for each ride.

 

Use of the App

§ 3 Use of the App and registration

(1) CleverShuttle provides the Customer with an App to request and book transportation services within the framework of the Concept. Using the App is free for the Customer. A chargeable contractual relationship is only established by concluding a contract of transportation at the start of the trip.

(2) Insofar as the use of the mobile device associated with the App incurs costs, these payment obligations to third parties are to be borne by the Customer. Not included in the deliverables of the App and the service offered are access and connection to the Internet. Furthermore, the Customer is responsible for the technical requirements, the configuration, and the performance of the mobile device at his or her own expense as well as keeping the required software up to date.

(3) The Customer can optionally use the App as a guest. Registration is not required in this case. However, the name of the Customer must be specified.

(4) The Customer has the option of creating an account in the App. For this purpose, the Customer first has to register with CleverShuttle by truthfully entering his or her first and last name ("User Name"), telephone number, e-mail address, and a password. Only one account per Customer is allowed. CleverShuttle reserves the right to block the account without prior notice in the event that a Customer creates several accounts and thus creates the possibility to abuse promotional activities (e.g., Tell-a-Friend) for his or her own benefit. CleverShuttle also reserves the right to block the account without prior notice if there are indications for reasonable suspicion that the Customer is unlawfully using the account or that the Customer is misusing it in a manner that could harm CleverShuttle or a third party.

(5) CleverShuttle allows its Customers to make cashless payments by means of the offered payment methods for the transport charges incurred as part of the separate transportation service rendered. For this purpose, the Customer can add his or her credit card information in the account during registration and save it as a payment method. When making the payment at the end of the trip, the Customer can choose which of the payment methods he or she wishes to use for the specific payment process. Alternatively, the Customer can activate the automated payment function, and the payment of the transport charge is automatically executed upon conclusion of the transport contract. The stored payment methods can be changed, updated, or deleted at any time.

(6) The Customer is obligated to keep his username and password secure. The Customer is not allowed to provide third parties with this information or give them access to the App. The Customer is solely responsible for keeping his or her account confidential and secure. In the event the App is used by unauthorized third parties, the Customer must inform CleverShuttle immediately.

§ 4 Booking the transportation service

(1) In order to book the transportation service, the Customer first sends a non-binding trip request via the App, specifying the necessary basic data of the desired transportation service. The CleverShuttle booking system analyzes the feasibility of the request in consideration of the Concept and notifies the Customer on the mobile device whether the desired transportation service can be provided.

(2) If the Customer wishes to transport luggage which exceeds the usual hand luggage dimensions, an additional seat must be booked. CleverShuttle reserves the right to refuse transportation if the Customer fails to comply.

(3) If a transportation inquiry is considered to be feasible, the service enables the Customer to book the transportation service under the conditions specified in the App. CleverShuttle guarantees the indicated fare according to § 14 (1) of these Terms and Conditions. Entering a valid coupon code during the booking process in the App reduces the fare to the appropriate amount. The service grants the Customer a period of 20 seconds to confirm the booking, which is visually represented in the App by a countdown. If the Customer completes the booking within this time, he/she receives a confirmation to his/her mobile device and is subsequently consistently updated on the status of the transportation service.

(4) The use of the App, in particular the conclusion of a booking process by the Customer, does not constitute the conclusion of a transport contract with CleverShuttle. Both CleverShuttle and the Customer are entitled to cancel the booking until the transportation contract is finalized.

§ 5 Availability and changes

(1) The Customer is not entitled to permanent and uninterrupted availability of the App and services as well as to the complete and timely transmission of information. CleverShuttle reserves the right to modify the App at its sole discretion, in particular to further develop and improve the App and service.

(2) CleverShuttle is also entitled to discontinue the App at any time and to discontinue the service even without informing the Customer separately. However, timely information about such events will be provided on http://clevershuttle.org. Credits (e.g., on the basis of promos and Tell-a-Friend promotions) can no longer be redeemed or paid out in cash if the service is discontinued.

(3) Nor is the Customer entitled to claim the subsequent conclusion of a transport contract. CleverShuttle offers transportation services during the applicable operating times only. CleverShuttle reserves the right to change these times at its sole discretion or to discontinue the service entirely.

§ 6 Use rights and obligations

(1) Subject to compliance with the following limitations and terms, CleverShuttle grants the Customer a limited, non-exclusive, non-sub-licensable, revocable and non-transferable license for the private installation and use of the App on the mobile device of the Customer, as well as access to all content, information, and related materials made available through the App and their use.

(2) CleverShuttle does not grant the Customer any rights to the App beyond the regulation in § 6 (1) of these Terms and Conditions. The Customer is not entitled to copy, distribute, or otherwise exploit the App for profit or make changes to the App. In particular, the Customer is not allowed to examine the functionality of the App, decompile it, parse it into its components, reconstruct it or use its code or other components for the creation of own software programs. Any rights under §§ 69d and 69e UrhG remain unaffected.

(3) The Customer must use the App in such a way that no impairment of the operation or function of the App results. The Customer is not allowed to attempt to gain unauthorized access to any part of the App and related systems or networks and compromise it.

(4) The Customer is not allowed to remove any references to copyrights, trademarks, or other proprietary rights of CleverShuttle from the respective part of the App.

§ 7 Liability within the scope of using the App

(1) CleverShuttle shall be liable for damages in accordance with statutory provisions, unless otherwise stipulated in the following. In case of any breach of duty - irrespective of the legal basis - CleverShuttle shall be liable for intent and gross negligence. Subject to a more lenient liability scale according to statutory provisions, CleverShuttle shall only be liable in case of negligence for:

(a) damages resulting from injury, bodily harm or health;

(b) damages resulting from a breach of a material contractual obligation (obligation whose fulfillment alone makes possible the proper execution of the contract, and on the compliance of which the Customer may rely as a matter of course); in this case, however, the liability is limited to the replacement of the foreseeable, typically occurring damage.

(2) The foregoing limitations also apply to breaches of duty by persons whose fault is attributable to CleverShuttle in accordance with statutory provisions.

§ 8 Exemption

If the Customer is guilty of a breach of these Terms and Conditions or if the Customer violates the rights of third parties due to using the App, resulting in the third party holding CleverShuttle liable, the Customer releases CleverShuttle from any liability against the third party as well as the costs of proper legal prosecution. The Customer undertakes to make available to CleverShuttle all information necessary for defense, provided that third parties assert claims against CleverShuttle for breach or infringement.

§ 9 Data protection

CleverShuttle collects, processes, and uses personal data according to the regulations in our Data protection. By using our driving service or App, you consent to our privacy policy.

 

Contract of transportation

§ 10 Contracting party of the transportation service

(1) The Customer concludes a separate chargeable transport contract for each trip. In the cities of Berlin and Munich, the contract of transportation is concluded between the Customer and GHT Mobility GmbH. In all other cities, the contract of transportation is concluded between the Customer and a third party, also known as CleverShuttle.

(2) The following provisions shall only apply to contracts of transportation between the Customer and GHT Mobility GmbH. In all other cities, GHT Mobility GmbH and the Customer do not enter into a contract of transportation by using the App. Any claims arising from the transport of the person initiated via the App relate exclusively to the relationship between the third party and the Customer. GHT Mobility GmbH cannot be held liable.

§ 11 Conclusion of the contract

(1) Upon commencement of the trip, CleverShuttle and the Customer enter a transport agreement for the transportation service as defined in the previous booking. The trip starts as soon as the Customer sets foot in the Shuttle.

(2) Upon conclusion of the contract, the Customer agrees to the Concept according to § 2 (2) of these Terms and Conditions. The Customer agrees, in particular, to share the Shuttle with other customers according to the Concept. Carpooling may also arise during the period between the booking and the conclusion of the contract, or even after conclusion of the contract, should the booking system of CleverShuttle assign the transport request of another customer according to the Concept. The Customer explicitly agrees to delays occurring during provision of the transportation service, which arise due to implementation of the Concept.

§ 12 Booking cancellation

(1) A booking will not be executed if it is canceled prior to the conclusion of the contract of transportation by CleverShuttle or the Customer.

(2) A booking is also canceled if the Customer fails to be present at the location agreed during booking, no matter the reason. In these cases, CleverShuttle shall make a reasonable effort to find the Customer and render the transportation service.

(3) If a booking as defined in the preceding paragraphs 1 and 2 is not executed, no claims arise on both sides. However, CleverShuttle reserves the right to refuse the Customer further transport services via the App in case of repeatedly canceled bookings, insofar as this is due to the Customer's actions.

(4) CleverShuttle reserves the right to withhold transportation services via the App from customers who interfere with the orderly course of business. The reasons include above average number of cancellations, non-appearance at the pickup location, disrespectfulness towards the drivers as well as attempted misuse and sabotage of the system.

§ 13 General Terms of Use of the transportation service

(1) During the transportation service, the Customer is obligated to follow the driving instructions of the driver. The Customer must be considerate towards other passengers and the driver. CleverShuttle reserves the right to block the accounts of Customers who are subject to justified complaints, according to § 3 (4) of these Terms and Conditions.

(2) The consumption of food in the Shuttle is not allowed. Beverages may only be consumed with the provision that the Shuttle is not soiled.

(3) CleverShuttle reserves the right to charge customers for cleaning the Shuttle for contamination that was caused by the Customer.

(4) Pets and animals are prohibited in the Shuttles in consideration of customers with allergies, among other things.

§ 14 Fare

(1) Upon accomplishment of the transport contract, CleverShuttle guarantees the Customer that the transportation service will be rendered at the price indicated in the App for this trip and confirmed by the Customer by booking the trip. This applies irrespective of whether carpooling takes place pursuant to the Concept or whether the booking system of CleverShuttle does not assign inquiries of other customers to the transportation service rendered.

(2) The price may vary depending on demand. During high demand, the price dynamics of the fares may increase temporarily. This allows CleverShuttle to provide requested Shuttles even faster long-term. In the case of low demand, on the other hand, the price will fall below the normal price and customers will pay a fare below the normal price. The price is always communicated before the start of the trip and does not change after the trip has been confirmed by the Customer.

§ 15 Payment

(1) At the end of the transportation service, the Customer shall pay the fare as defined in § 14 of these General Terms and Conditions to CleverShuttle.

(2) The Customer is free to choose the payment method. The Customer may settle the fare with the driver of the Shuttle or by paying via the App (credit card or PayPal).

(3) CleverShuttle does not assume any liability for the handling of cashless payments via the App. In the case of incorrect postings or accounting errors as well as disruptions during the payment process, the Customer must contact the respective payment service provider.

(4) The Customer must ensure that the mobile device is functional during the entire payment process. This includes, in particular, that the device has sufficient power, a mobile data connection is established, and the latest version of the App installed. If the payment cannot be made via the mobile device, the Customer is obliged to pay the fare in cash.

(5) If the Customer chooses to pay the fare via the App, the Customer agrees to forego receiving a receipt in paper form and accepts that the invoice for the transportation service is sent to him/her as an e-mail to the e-mail address on file with CleverShuttle.

(6) The following applies to payments made by the Customer by credit card using the App:

(a) When the Customer pays by credit card, CleverShuttle will employ the services of an external payment service (hereinafter "Credit Card Payment Service "). Payments by the Customer or credit to the Customer are made without the involvement of CleverShuttle. CleverShuttle is therefore not responsible for any erroneous transactions that are not attributable to CleverShuttle and refers the Customer to the Credit Card Payment Service.

(b) The Customer is responsible for ensuring the validity of the means of payment provided by him/her to the Credit Card Payment Service and his/her authorization for use. The Customer agrees that the payment method provided by him/her is charged by the Credit Card Payment Service in the amount of the fee owed by the Customer to CleverShuttle.

(c) If the amount owed by the Customer to the Credit Card Payment Service is not paid or the transaction fails in any other way, the Customer will make the payment immediately by other means. In case of culpability on behalf of the Customer, CleverShuttle and the Credit Card Payment Service shall be indemnified.

(7) In order to pay for the fare via PayPal using the App, the Customer has to be logged in or registered with PayPal and confirm the PayPal payment to CleverShuttle when making the payment via the App. PayPal will handle the further processing of the payment without disclosing the Customer's bank details to CleverShuttle. § 15 (6) of these General Terms and Conditions applies accordingly. The terms and conditions of PayPal shall apply in addition to this, whereby, among other things, the Customer may incur separate charges when using the PayPal service.

§ 16 Credits

(1) CleverShuttle may, at its sole discretion, make available to the Customer vouchers for transportation services which are credited to the Customer's account in the context of voucher giveaways (e.g., promotions, Tell-a-Friend, loyalty program) (hereinafter "Credit"). Additional conditions for the acquisition and use of Credits apply. Credits cannot be paid out in cash.

(2) Credit is stored for a minimum of 90 days. Unused credit expires no later than 365 days after being credited to a customers account. The following credit validity periods apply:

- Bought credit (credit pack for personal use): 365 days.
- Credit codes (charged or gifted): 365 days.
- Other credit given by CleverShuttle: 180 days.
- Starting credit: 90 days.
- Tell-a-Friend credit: 90 days.
- Credit given as compensation (for delays etc.): 90 days.

(3) If the Customer has credit balances in his/her account, he/she can use this balance pro rata for payment at the end of a trip or for automatic payment upon conclusion of the transportation contract. The pro rata payment with Credits can be combined with any payment method. If the fare is higher than the amount of the Credit, the Customer is granted a digital overdraft credit of up to two euros when paying with Credit. This Credit will be compensated as soon as the Customer is awarded a new Credit in his/her account.

§ 17 Loyalty Program

(1) With the Loyalty Program, the Customer can collect CleverPoints (hereinafter "CP") and be rewarded for loyalty, courteous behavior during rides, and making use of offers. For each so-called loyalty campaign (see under (2)), CleverShuttle automatically credits CP to the Customer's account. On the first day of each calendar month, the Customer is automatically credited with CleverShuttle Credits dependent on his/her loyalty status (cf. under (3)) and can immediately use this to pay for CleverShuttle trips. Depending on the number of CPs collected, there are three different loyalty statuses: Bronze, silver, or gold. The respective loyalty status determines the amount that the Customer is automatically awarded as a Credit on the first day of the following month.

(2) CleverPoints shall be credited according to the following criteria:

 
Promotion CleverPoints Condition / requirement
Kilometers driven 10 CP per km CP cannot be collected for kilometers traveled with Credits.
Punctuality at the start of the trip 25 CP A delay is considered exceeding 90 seconds between the arrival of the vehicle and the Customer checking in. Punctuality is also rewarded on trips paid with Credit.
Evaluation of the trips 10 CP
Registration 50 CP Payment with Credit is not considered an in-app payment.
Storing of payment information 50 CP
Use of in-app payment 10 CP

 

(3) The Customer's loyalty status corresponds to the CP total, which ensures that a certain amount is credited (depending on the status: bronze, silver, or gold). It is calculated on the basis of the CP collected by the Customer in the last 60 days. Within the first 60 days after registration with CleverShuttle, all collected CPs will be included in the loyalty status. On the 61st day after registration the points for the first day are deleted and only the collected points from day 2 to day 61 count. On the 62nd day, the points for day 2 are deleted, etc. The loyalty status or the number of CP is continuous and changes daily, i.e., a certain loyalty status can only be maintained by continuously collecting CPs.

4) CleverShuttle reserves the right to change the conditions of the Loyalty Program at any time and without explanation, or to discontinue the program. The Customer is not entitled to have the Credit credited. CleverShuttle reserves the right to individually check the allocation of CP and exclude the Customer from the program in the case of gross breaches (e.g. frequent cancellations, non-appearance at the pickup location, disrespectful treatment of drivers or passengers, misuse of the system).

§ 18 Liability in case of accidents

(1) The Customer is a passenger in the Shuttle at his/her own risk, and - with the exception of willful intent and gross negligence - indemnifies the driver and owner of the Shuttle for compensation of damages caused by an accident, insofar as these are not compensated by an insurance payout. This waiver does not apply to cases of injury to life, body, and health due to an accident caused by the driver of the Shuttle, or to damages resulting from a violation of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment alone make possible the proper execution of the contract, and on the compliance of which the Customer may rely as a matter of course.

(2) Liability for damage to the property of any transported person is excluded insofar as the damage exceeds 1,000 euros and is not based on intent or gross negligence.

(3) If a third party is liable in addition to the driver and the owner of the Shuttle for damages in the event of an accident, the Customer limits his claim for damages against the third party to the partial amount which corresponds to the extent of the third party's liability.

(4) In the event a civil action is brought, the Customer indemnifies the driver and the owner of the Shuttle from reimbursement of the collateral costs, insofar as these are not covered by legal expenses insurance.

(5) The liability of CleverShuttle is subject to § 7 of these General Terms and Conditions for damage which does not represent accidental damage in the above sense.

§ 19 Final provisions

(1) Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

(2) CleverShuttle is entitled to modify the GTC at any time, as far as this is reasonable for the Customer. CleverShuttle informs the Customer about this via the App. If the Customer agrees with the amended Terms and Conditions, the further business relationship shall be governed by these new Terms and Conditions. Otherwise, the service is no longer available to the Customer.

(3) The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship between the Customer and CleverShuttle to the exclusion of international uniform law, in particular the UN Sales Convention.

(4) Provided that there are no compelling statutory provisions, the court of jurisdiction for all disputes arising out of or in connection with this agreement shall be the registered office of CleverShuttle for all parties.

(5) Legal Notice on dispute settlement: CleverShuttle does not participate in dispute resolution proceedings before a Consumer Complaint Office.