General Terms and Conditions (GTC)
1.1. Commuter Services GmbH, Ulrichstrasse 40, 82057 Icking, Germany (hereinafter “CSG”) operates a platform (“Platform”) for the mediation of journeys. The platform is accessible via the Tramling app and partly also via this website. The aim of the platform is to bring together drivers who drive a car to a destination with passengers who want to go in the same direction. The driver and the passenger can then drive together, with the passenger paying the driver compensation for his operating costs.
1.2. The user accepts the current version of these General Terms and Conditions by making every use of the platform.
1.3. CSG never becomes a party to a contract concluded between the users of the Platform.
2.1. When registering, the user first provides a number of personal data (address, name, date of birth, address, e-mail address, bank details, credit card details, etc.).
2.2. The user is not entitled to registration. By sending a verification e-mail and clicking on the link contained therein, the registration application is accepted and the user becomes the customer. If the user does not confirm his registration within 8 days, his access data will be blocked for the service and the user must start the registration process again.
2.4. Registration is free of charge for the customer.
2.5. Customers are obligated to provide only truthful and complete information on the Platform and to keep it up-to-date.
2.6. CSG may verify the information you provide if CSG deems it necessary. When the platform refers to “verified” data, it only means that the verification process has been successfully completed, but not that a guarantee is given for the quality or accuracy of the data.
3.1. As a driver, you can create an indication about a planned trip and enter a number of required information (start address, destination address, time, etc.).
3.2. You are only entitled to do so if you are entitled to use the vehicle on the road in accordance with all legal regulations. In particular, you have a valid driving licence, a holder’s permit, a valid liability insurance and a valid TÜV certificate. You also comply with all necessary legal regulations.
3.3. You agree that the information contained in the ad is true.
3.4. As a passenger, you can see the information provided in the advertisements and then book a trip that suits you. Once the driver has confirmed your booking, the journey is binding on both sides and the driver and the passenger have thus concluded a contract with each other (customer contract) and agreed on the reported cost contribution.
3.5. Upon conclusion of the customer contract, a user contribution to CSG is also due. This post can depend on many influencing factors and is displayed on the platform at the time of conclusion of the contract.
4. Payment terms, cancellations
4.1. As a driver, you give CSG a direct debit authorisation to collect the cost contribution from the passenger on your behalf and on your behalf and to forward it to you upon receipt.
4.2. Passengers can pay both the cost contribution and the usage contribution via one of the offered means of payment.
4.3. CSG is free to have the existing claims against the passenger reducted by a payment service provider or to assign them to the passenger.
4.4. If the driver cancels a completed customer contract after confirmation, a cancellation fee of € 5 will be charged.
4.5. If the passenger cancels a completed customer contract after confirmation, no cancellation fee will be due, but there is no claim to reimbursement of the usage fee.
4.6. In the event of misuse of the platform, all claims for payment against CSG are waived.
5. No commercial use
5.1. Customers undertake not to use the Platform for commercial purposes or for profit.
5.2. CSG reserves the right to block your user access. For example, if there is a presumption that you want to make a profit by using the platform.
5.3. The holder of a customer account is obliged to treat his access data confidentially and to protect against access by unauthorized third parties. In the event of suspicion of unauthorized use of his customer account, he must inform the seller immediately in text form. The holder of a customer account is liable for any misuse of third parties, unless he is not responsible for the abuse.
5.4. The owner of a customer account is prohibited from any kind of misuse that can be used to influence the system or the technical environment of the platform.
5.5. The customer account can be terminated at any time, but for CSG in principle only with a period of three months. In addition, any termination requires the text form, whereby it is sufficient for CSG if an e-mail address stored by the customer account holder is used. After termination, the customer account must normally be deleted. Insofar as legal documentation or retention obligations exist, the data must be blocked in compliance with data protection at least.
5.6. Insofar as there is an important reason within the meaning of BGB Section 314, both parties may also terminate extraordinarily. Such reason for extraordinary termination exists for CSG in particular if there is a violation of the provisions of this clause, the registration requirements are no longer necessary or CSG has serious indications of the performance of illegal acts by the customer.
6. Legal right of withdrawal for consumers
Customers who are consumers have a legal right of withdrawal.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days after the conclusion of this contract.
In order to exercise your right of withdrawal, you must contact us (Commuter Services GmbH, Ulrichstrasse 40, 82057 Icking, phone: 08178 9488967; E-mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form attached in section 6.1, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
We would like to point out that your right of withdrawal expires if you have already concluded a customer contract and we have already started to fulfil the contract.
Consequences of revocation
If you withdraw from this contract, we shall repay to you all payments received from you without undisclosed and at the latest within fourteen days from the date on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
6.1. You can use the following model withdrawal form to exercise the statutory right of withdrawal.
Sample withdrawal form
If you wish to cancel the contract, please fill out this form and send it back to:
Commuter Services Ltd.
Phone: 08178 9488967
I/We (*) hereby revoke the contract concluded by Me/Us (*)
– Ordered on:
– Name of the consumer(s):
– Address of the consumer(s):
Date Signature of the consumer(s)
(*) Please delete the inaccurate.
7. Obligation of customers to conduct on the Platform
7.1. As a customer, you agree to comply with all laws and regulations applicable to platform use and not to use the Platform for for-profit purposes
7.2. As a customer, you agree not to violate the rights of third parties on the Platform or to violate good morals
7.3. As a driver, you undertake to comply with all legal requirements, in particular those of the Road Traffic Code
7.4. As a passenger, you undertake to show appropriate behaviour while driving, to respect the driver and the cleanliness of the vehicle
8. Intellectual property rights
8.1. CSG grants the user a personal, non-transferable and non-exclusive right of use of the Platform, but only for private use and in accordance with these Terms and Conditions.
8.2. Any further use, e.g. the reproduction of content or services, is prohibited.
8.3. As a user, you grant CSG a non-exclusive, worldwide right to use the content you have provided to the Platform. This includes the right to adapt and reproduce this content.
9. Liability and warranty rights
9.1. The statutory provisions for warranty apply.
9.2. CSG operates a platform for the intermediation of journeys, but does not provide any transport services itself and is not itself a transport operator. CSG therefore assumes no liability for the performance of a trip.
9.3. CSG shall only be liable for simple negligence in the event of a breach of obligations that are so material that a breach jeopardises the purpose of the contract and the customer may regularly rely on compliance with them (so-called cardinal obligation). Liability is also limited to the typical damage foreseeable for CSG at the time of conclusion of the contract. These limitations of liability apply accordingly in favour of CSG’s legal representatives and vicarious agents.
10. Data protection
11. Amendments to the General Terms and Conditions
11.1. CSG reserves the right to adapt these Terms and Conditions in order to respond to the latest developments and findings. In this case, we will inform you by email about this change at least 14 days before it comes into force. If you do not object in text form to the change upon receipt of this email, the changes will take effect.
12. Final provisions
12.1. The customer has a right to set-off only if his counterclaims have been legally established or acknowledged by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
12.2. Should any provision of these General Terms and Conditions be ineffective, the contract shall remain in effect. Instead of the invalid provision, the relevant statutory provisions apply. Deviating terms and conditions of the customer do not apply, even if you are not expressly contradicted.
12.3. Unless otherwise stated in the law, the place of performance and place of payment is the registered office of CSG.
12.4. The law of the Federal Republic of Germany applies to all contracts.
12.5. If you do not have a general place of jurisdiction in Germany or in another EU Member State, you are a merchant or have transferred your permanent residence abroad after being commissioned, or if your domicile or habitual residence is not known at the time the action is brought, is the exclusive place of jurisdiction for all disputes arising from this contract.
As of: May 2020