GHM Mobile Development GmbH, Dessauer Straße 28-29, 10963 Berlin, Germany ("Free2Move") operates the Free2Move mobility platform for internet and app use (“Free2Move”). Free2Move offers options to display and order mobility services from the providers cooperating with Free2Move ("Providers"). Free2Move itself can also be a Provider of mobility services. Free2Move is not a tour operator.
"User" in these terms and conditions, means you as a user of Free2Move. Users can only be natural persons unless they are expressly registered as a company (legal entity) with Free2Move. Certain uses of Free2Move (such as mobility service orders) are available only to registered users who have a Free2Move user name ("Customers"). The Free2Move user name can also be used by Customers to access the services of certain cooperation partners of Free2Move ("Cooperation Partners").
A. Subject matter of these terms and conditions of use
These Terms and Conditions of Use apply to the use of Free2Move, by Users and Customers such as via a web browser and apps, and the use by Customers of their Free2Move Account and Free2Move user name. When ordering services from a Provider via Free2Move, the contract for the provision of the services will be between the Customer and the relevant Provider and will be subject to the terms and conditions of that Provider (a “Mobility Contract”) and not these Terms and Conditions of Use.
B. Free2Move account with Free2Move user name
B.1 Registering a Free2Move Account
B.1.1 A Free2Move account is registered when the User completes the online registration form, accepts these Terms and Conditions of Use and the GHM Mobile Development GmbH sends the User confirmation that his/her registration has been successful.
On successful registration, Free2Move will provide the Customer with an account ("Free2Move Account") which has a Customer user name ("Free2Move User Name“), a Free2Move password and a Personal Identification Number ("Free2Move PIN") (see Clause B.2) (each as chosen by the Customer).
B.2 Free2Move Account and Free2Move User Name
B.2.1 The User is required to give full and accurate information regarding his/her name, address, e-mail address and other required data for his/her Free2Move Account (see Clause B.2.3). Free2Move reserves the right to refuse to open a Free2Move Account for a User, particularly if there is legitimate reason to believe that the User will not comply with the terms of these Terms and Conditions of Use.
B.2.2 Customers will keep their login information (Free2Move User Name, Free2Move password, Free2Move PIN) confidential and not provide third parties with access to Free2Move via their login information or otherwise allow them to use their login information. Customers will be held accountable for any use of Free2Move by means of their login information as well as any other use of their login information.
B.2.3 Customers must keep their Free2Move Account data up to date at all times. This includes, but is not limited to, their name, address, e-mail address, mobile phone number and, if applicable, payment information for the use by carsharing providers.
B.2.4 Cooperation Partners may permit Customers to use their Free2Move User Name in conjunction with offers and services. By entering his/her Free2Move User Name to access and use the offers and services of a Co-operation Partner, the Customer agrees that Free2Move may share with the Co-operation Partner other information about the Customer that Free2Move holds at that time in order to compare the details held in relation to that Customer by each of Free2Move and the Co-operation Partner. At the same time, the Customer agrees that the information held in his/her Free2Move Account can be transferred to the Cooperation Partner if this is required by the Co-Operation partner in conjunction with the offers and services of this partner.
B.2.6 Free2Move can block the Customer's Free2Move Account and Free2Move User Name
a) if the Customer has entered incorrect information; or
b) if communication via contact information in the Customer's Free2Move Account was unsuccessful (e.g., e-mail address or mobile number is outdated); or
c) if the Customer breaches these Terms and Conditions of Use, unless the breach is minor, or was due to reasons outside the Customer's control; or
d) if there is legitimate reason to believe that the Customer will not comply with these Terms and Conditions of Use.
B.2.7 A Customer can cancel his/her Free2Move Account at any time on written notice to Free2Move via e-mail to email@example.com. Free2Move can cancel the Free2Move Account at any time by giving two written weeks' notice to the Customer. Termination of a Free2Move Account will not affect any existing Mobility Agreements or previous use of the Free2Move User Name or their performance. Termination of a Mobility Agreement will be subject to the terms and conditions of the relevant Mobility Agreement. The right to terminate without notice for cause remains unaffected.
B.2.8 Some Providers require the Customer to verify their identitiy and that they hold a valid driver's licence ("Validation") in order to allow that Customer to book the Provider’s mobility services (when those mobility services involve using a vehicle). To meet this requirement, Free2Move may offer the Customer a Validation service in exchange for the payment of a fee or free of charge, using digital or other vehicles to do so. Customers are free to make use of this Validation or to refrain from ordering such services via Free2Move.
In the event Free2Move provides this Validation service, the Customer must provide full and accurate information about his/her driver's licence (including, but not limited to, name, date of issue, issuing agency and driver's licence number) and must immediately notify Free2Move in the event that the information given to Free2Move changes.
In addition, the Customer must present his/her driver's licence as well as suitable ID documents to a validation office authorized by Free2Move („office“ may be replaced by a digital method). This validation may be outsourced by Free2Move to a third party which validates the user’s documents in Free2Move’s name. Successful Validation will be noted in the Customer's Free2Move Account.
Free2Move reserves the right to request that the Customer verifies that he/she holds a valid driving licence at any time. Free2Move also reserves the right to refrain from forwarding the Customer's reservation requests for a vehicle to relevant Providers if it has legitimate reason to believe that the Customer will not comply with the terms of the Mobility Services Agreement.
B.3 Sign-Up for partner services (mobility providers, e.g.)
B.3.1 Free2Move allows users to sign up for partner services, that is, create accounts for the user. For the use of this service a Free2Move-Account is required.
B.3.2 For the purpose of signing a user up for a partner service, Free2Move requires certain data from the user, which are passed on to selected partners if the user requests Free2Move to do so. Personal data include, but are not limited to: name, address, age, nationality, selected information found on ID or driver’s license, payment information (which are passed on to partners for billing purposes if their services are used by the user), password, Pin etc. These data are treated confidentially and stored securely and passed on to partners only upon user request.
B.3.3 Free2Move may gather further data about the user if required by partners, such as credit rating or address verification, which may be necessary to establish an account with a partner.
B.3.4 The sign-up is subject to the terms oft he partner. Free2Move will notify the user if costs may be incurred (such as sign-up fees).
C. Information about mobility services on Free2Move and orders via Free2Move
C.1 Information about mobility services on Free2Move
C.1.2 The User / Customer is responsible for reviewing and assessing the accuracy of the data shown to determine the extent to which he/she agrees with the estimates provided and whether the results are suitable for his/her purposes.
C.2 Ordering mobility services on Free2Move
C.2.2 Based on the mobility services shown, Customers can select which services they wish to order from the Provider via Free2Move. Orders are binding and may carry a fee ("Reservation Request"). A Reservation Request is an offer by the Customer to enter into a contract for the desired mobility service with the relevant Provider ("Mobility Services Agreement"). Free2Move is authorized by the Customer but is not obliged to forward a Reservation Request from the Customer to relevant Providers. The terms and conditions of the Provider apply to reservations for a mobility service.
C.2.3 The Customer's payment is carried out by the provider of the service directly, using the payment method saved in the provider account by the user.
C.2.4 Free2Move may forward the Provider's response to a Reservation Request to the Customer but Free2Move is not obliged to do so. A Mobility Services Agreement will take effect between the Customer and the Provider if the Provider accepts the Customer's Reservation Request. Free2Move is not a party to a Mobility Services Agreement unless it is the Provider of the mobility service. The terms and conditions of the Provider apply to performance of a mobility service.
C.2.5 Free2Move may forward information sent by the Provider to Free2Move for using a mobility service (e.g. ticket data) upon receipt to the Customer but Free2Move is not obliged to do so.
D. Joint provisions
D.1.1 The use of Free2Move and the use of the Free2Move User Name is generally free of charge to the User and Customer. The User and Customer are responsible for his/her costs of communicating with Free2Move and of using the Free2Move User Name. The Customer will pay fees for additional services agreed with Free2Move according to the current fee schedule.
D.1.2 The fees to be paid by the Customer for mobility services are based on the relevant Mobility Services Agreement with the Provider. Services agreed with a Cooperation Partner using the Free2Move User Name are subject to the Co-operation Partner's terms and conditions.
D.1.4 The Customer's contact person for mobility services and payment is the relevant Provider as party to the relevant Mobility Services Agreement. The Customer's contact person for services agreed with a Cooperation Partner is the Cooperation Partner. The Customer can request a refund only from the relevant contact person.
D.2 Obligations of the Customer
D.2.1 The Customer is responsible for meeting all requirements for the use of mobility services or services agreed with the Cooperation Partner under the applicable terms and regulations (such as driver's licence required for vehicle rental, identification papers, etc.).
D.2.2 The Customer will indemnify Free2Move from third-party claims based on its use of Free2Move and the use of his/her Free2Move User Name, unless Free2Move was at fault for these claims.
D.2.3 Free2Move can assist Providers or Cooperation Partners on their behalf in regard to their services. This is without prejudice to the Customer's obligations under a Mobility Services Agreement and the Mobility Services Agreement itself, as well as Customer agreements with a Cooperation Partner and the Customer's obligations under such agreements.
D.3 Availability and guarantee
D.3.1 Customers have no entitlement to availability, quality, service characteristics or technical support for Free2Move or the Free2Move User Name. Free2Move reserves the right to restructure, limit or terminate Free2Move and the Free2Move User Name at any time as it chooses. This is without prejudice to existing Mobility Services Agreement and agreements between Customers and Cooperation Partners, as well as their performance.
D.3.2 Free2Move assumes no guarantee for the accuracy or completeness of data provided by third parties (such as other Providers).
D.3.3 Free2Move assumes no guarantee for mobility services unless it is the Provider of the mobility services itself. The Customer's contact person for questions and claims related to a Mobility Services Agreement and its performance is always the Provider. The contact person regarding services agreed with Cooperation Partners is always the Cooperation Partner.
D.3.4 To the extent that Free2Move owes no duties to the Customer to perform specific activities under these Terms and Conditions, Free2Move assumes no warranty as to the performance of such activities.
D.4 Limitation of liability
D.4.1 As prescribed by law, Free2Move will be liable for damage caused due to intent or gross negligence by Free2Move or its vicarious agents.
D.4.2 In cases of minor negligence, Free2Move will be liable only for breaches of material contractual duties and only for foreseeable, typical damage. Material contractual duties are those that necessarily have to be fulfilled for the contract to be properly performed and upon the fulfillment of which Users must be able to rely. In cases of minor negligence, Free2Move will not be liable for the accuracy of data (e.g. pertaining to mobility services) provided by third parties (such as other Providers). The provisions of this Section 4.2 also apply to legal representatives and vicarious agents of Free2Move.
D.4.2 Limitations of liability do not apply to any guarantees provided, for culpable injury to life, limb or health, or to claims under the Germany Product Liability Act (Produkthaftungsgesetz).
D.5 Amendments to these Terms and Conditions of Use
Free2Move can make reasonable amendments to these Terms and Conditions of Use, including to reflect modified content of Free2Move. Amendments will be communicated to Customers in text form via e-mail and to other (non-registered) Users by publication on Free2Move with a notice period of at least six weeks. These amendments will be considered approved if the Customer does not object in writing within the notice period, or if he/she continues to use Free2Move after the notice period. Free2Move will include this information in the notification. If a Customer objects to an amendment of the Terms and Conditions of Use, this will be considered termination of his/her Free2Move Account without notice (see B.2.7).
D.6 Online platform for out-of-court resolution of disputes
D.6.1 As online marketplace we are obliged to call your attention to the platform for out-of-court online dispute resolution (ODR platform) established by the European Commission. The ODR platform is available at http://ec.europa.eu/consumers/odr/.
D.7 Other provisions
D.7.1 Parts or content of Free2Move cannot be re-used or systematically extracted without the express written consent of Free2Move.
D.7.2 These Terms and Conditions of Use represent the full agreement between Free2Move and the User for the subject of the agreement. There are no subsidiary agreements. Amendments and addenda to this agreement must be made in writing to be effective, unless otherwise expressly stipulated in these Terms and Conditions of Use. Text form is not equivalent to the written form.
D.7.3 If one or more provisions of these Terms and Conditions of Use are or become invalid, this will not affect the validity of the remaining provisions. The parties will close any loopholes according to the Parties' assumed intent.
D.7.4 These Terms and Conditions of Use and their performance are governed by the laws of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods will not apply.
D.7.5 If the User is a merchant, a legal entity under public law, or does not have a general domestic legal venue, the courts of Stuttgart (Germany) will have sole jurisdiction over disputes arising from and in relation to these Terms and Conditions of Use. This is without prejudice to legally mandated judicial venues.
Valid from January 2017
GHM Mobile Development GmbH
Dessauer Straße 28-29, 2nd floor 10963 Berlin
CEOs: Fabian Kofler, Michel Stumpe
Sitz: Berlin | Registergericht: Amtsgericht Chalottenburg
HRB-Nr. 147330B | USt-ID DE 287 752 816