Scope and purpose
1.1 The contractual partner and responsible party for the AUTONAUT service is Autonaut UG (haftungsbeschränkt), Gyßlingstr. 72, 80805 Munich, Germany (registered office and court of registration: Munich HRB 253291) (hereinafter referred to as „Autonaut“). Autonaut provides you as a user („User“) with a digital platform for the mediation of rideshare opportunities (cars) by way of a mobile application („App“) as well as a website („Website“) (App and Website together „Platform“).
1.2 The purpose of the Platform is to arrange for a passenger („Driver“) to drive the vehicle of an owner or vehicle holder („Vehicle Owner“) for all or most of the route. The purpose of this is to give the vehicle owner the opportunity to use the driving time for purposes other than driving. Autonaut, by providing the Platform, acts solely as an intermediary and does not become a party to the agreement to be concluded between the Driver and the Vehicle Owner regarding a specific journey.
1.3 For each successful mediation, a mediation fee payable to Autonaut is incurred exclusively for the driver. Payments or other remuneration (e.g. a share in fuel costs) between the driver and the vehicle owner are neither intended nor permitted.
1.4 The platform may only be used by natural persons residing in Germany and not for commercial purposes. Prerequisite for the registration and use of the platform is the completion of the 18th year of age.
1.5 The contractual language is German, the portal provides its services exclusively to users residing in Germany. The subject of the mediation are currently exclusively trips with start and destination in Germany.
Registration and conclusion of contract
2.1 For the use of the platform a prior registration is necessary. By registering on the platform, the user accepts the GTC.
2.2 With successful registration, a contract between Autonaut and the user regarding the use of the platform is concluded.
2.3 Registration is free of charge, fees are incurred only on the part of the driver in the event of successful mediation of a ride with a vehicle owner.
2.4 When registering, the required information (in particular name and address) must be provided truthfully and completely. The user is obliged to update changed data in his user profile without delay.
2.5 The User shall keep his access data and in particular his password secret and shall not disclose them to third parties. Each user may only create one account on the platform. Accounts created on the platform are not transferable.
2.6 If the user notices the loss of his access data or if he has to fear that a third party has gained knowledge of the data in an illegal way or uses it in an illegal way, the user has to inform Autonaut immediately.
Object of the platform
3.1 Autonaut provides the platform for the mediation of a trip between Vehicle Owner and Driver. For this purpose, both the Vehicle Owner and the Driver can place travel dates and destinations („Advertisements“) on the portal. The advertisements contain all the information required for arranging a trip, such as in particular the date and time of the trip, the starting point and destination, and the type of vehicle. All information within the advertisements is based exclusively on information provided by the user and is not checked by Autonaut for correctness, plausibility or completeness. The user is obligated to provide all information in the advertisements truthfully and completely as well as to actually offer or start the journey according to the information provided in the advertisement.
3.2 The creation of an advertisement is merely an invitation to submit an offer. A contractual relationship only comes into being when the vehicle owner and driver each agree to the conclusion of a journey.
3.3 Autonaut’s service is limited to the (technical) provision of the platform as an intermediary service. The execution of the journey is the sole responsibility of the driver and the vehicle owner, and a contract for transportation is concluded exclusively between the vehicle owner and the driver. Autonaut does not become a contractual partner in the relationship between the vehicle owner and the driver and in this respect is liable neither for the actual conclusion nor the execution of an intended journey.
Special obligations of the vehicle owner
4.1 Before the start of each journey, the vehicle owner must ensure that the driver has a driving license valid in Germany. To this end, the driver must present a valid driver’s license before starting the journey. The vehicle owner must also ensure that the information stored in the app about the vehicle intended for the journey (in particular license plate and model) is up-to-date and correct.
4.2 Rides may only be offered by the vehicle owner with a vehicle that is roadworthy and may be provided to third parties for driving. The vehicle owner assures that a valid liability insurance is available and that he/she is not aware of any circumstances that the vehicle may not be used by the driver in road traffic according to the regulations and in compliance with the applicable laws. The vehicle owner assures that the passenger car has a current TÜV certificate.
4.3 The subject of the brokerage may only be passenger cars which meet the following requirements:
- registration as a passenger car (4 wheels and a maximum of 7 seats) in Germany
- power of maximum 200 kW
- current value below 75,000 EUR.
Further and in particular excluded are delivery vehicles (e.g. courier services, magazine distribution, beverage industry pizza services, social services), work machines, the transport of dangerous goods, cabs or radio rental vehicles, vehicles with special superstructures, vehicles in commercial goods transport, buses and special vehicles.
Special duties of the driver
5.1 The driver assures to have a driving license valid for Germany at the time of starting a journey and to present it to the vehicle owner for inspection and testing before starting the journey.
5.2 Furthermore, the driver assures that he is fit to drive at the time of the start of the journey and that there are no circumstances in his person that prevent him from driving the car safely and in accordance with the regulations.
Insurance (third party driver protection)
6.1 Each vehicle owner takes out third-party driver insurance after successfully arranging a ride via the app, which is debited via the stored payment method. The conditions and terms of insurance will be made available to the vehicle owner in the booking process.
6.2 If the vehicle owner has already taken out third-party insurance for his vehicle, this can be set in the app and no fees will be charged.
Use of the platform
7.1 The use of all functions of the platform requires the functionality and operational readiness of a computer and/or mobile end device as well as the required internet connection or the required mobile network for the end device. The User is responsible for setting up and having the required terminal device, including data access, at his own expense.
7.2 The User undertakes to use the platform only in accordance with the applicable laws and only in accordance with the provisions of these GTC. In particular, the User is not entitled to commercially distribute or process the data and information he receives in connection with the use of the platform.
Remuneration
8.1 For each successful placement and execution of a trip, the driver shall pay Autonaut a placement fee. The amount of the brokerage fee will be communicated to the driver before accepting an advertisement.
8.2 Settlement shall be made after each completed trip via the credit card deposited by the driver. Cash payments are excluded.
Term termination
The user account runs for an indefinite period of time and can be terminated at any time by the user sending an email to Autonaut with an appropriate explanation or using the within the app.
Data protection
All data protection issues and information are governed by Autonaut’s Privacy Policy, which can be accessed via the Platform and, in particular, the Website.
Liability
11.1 Our liability for damages shall be determined in accordance with the statutory provisions, unless otherwise provided below.
11.2 In the event of breaches of duty – irrespective of the legal grounds – we shall be liable for intent and gross negligence within the scope of our liability for damages. In the case of simple negligence, we shall only be liable:
-for damages resulting from injury to life, body or health and
-for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to the compensation of the foreseeable, typically occurring damage.
11.3 The above limitations of liability shall also apply to breaches of duty by persons for whose fault we are responsible in accordance with statutory provisions. Claims under the Product Liability Act shall remain unaffected in all cases.
Changes to the terms and conditions
12.1 Autonaut reserves the right to change these GTC at any time, subject to a reasonable notice period of at least six weeks, if the change is reasonable for the user, taking into account the interests of Autonaut.
12.2 The right to change does not apply to essential regulations of the contractual relationship, in particular the type and scope of the agreed services and the term. If the user does not object to the change within the period set by Autonaut, the change is deemed to be approved. Autonaut will point out this circumstance to the user in the notice of change.
Miscellaneous
13.1 German law shall apply exclusively to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.
13.2 The place of jurisdiction for fully qualified merchants as well as clients who do not have a general place of jurisdiction in the European Union or who have moved their place of residence or habitual abode outside these countries after conclusion of the contract, or whose place of residence or habitual abode is not known at the time the action is brought, shall be Munich.
Dispute resolution
In accordance with Directive 2013/11/EU, the EU Commission is setting up an Internet platform for the online settlement of disputes between entrepreneurs and consumers. This can be accessed at the following link: http://ec.europa.eu/consumers/odr. Autonaut will not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
This is an English translation and only the German version is legally binding.