General Terms of Services
These General Terms of Services ("Terms") apply to the relationships between AstraCaB GmbH, a company established in Germany with limited liability, registered at the Chamber of Commerce in Munich under number //TODO:, located at //TODO: (hereinafter "AstraCaB GmbH" or "we" or "us"), and the AstraCaB platform users. AstraCaB GmbH operates the online platform "AstraCaB" (hereinafter "Platform") to broker orders from customers to business partners. AstraCaB GmbH accepts customer requests through the platform and offers them to business partners for execution. The business partner concludes a contract with the customer and provides the service. AstraCaB GmbH only provides an intermediary service and processes the payments between the customer and the business partner.
§1. Definitions
Booking: a booking made by the customer on the platform for an offer from a business partner.
Business partner: a legal entity that offers services via the platform; sells, prepares, packages, picks up, and/or delivers, and handles contract conclusions and payments through this platform.
Contract: an agreement between the customer and the business partner that includes a booking involving transportation and/or loading service. The contracting parties are the customer and the business partner, not AstraCaB GmbH.
Customer: a legal entity or an individual over 18 years old who makes a booking through the platform.
Offer: services provided by business partners and ordered by the customer via the platform.
Platform: the website astracab.de, AstraCaB mobile apps, and other online tools provided by AstraCaB GmbH and/or its affiliates and business partners.
Service: the services provided by AstraCaB GmbH via the platform, including the transmission of customer bookings to the corresponding business partners. The services to be provided by the business partner under the contract are not part of the AstraCaB GmbH's services.
§2. Technical and legal limits of use
2.1. AstraCaB GmbH strives to avoid impairments, disconnections, or other limitations of the use of the platform, as far as it is technically possible.
2.2. With the current state of communication technology, such limitations cannot be completely ruled out. This applies especially to content and transmission paths that are outside our control.
2.3. Maintenance and further development of AstraCaB GmbH's services may also result in temporary usage restrictions.
2.4. To protect against harmful programs and content such as viruses, trojans, or spam emails, AstraCaB GmbH is authorized to implement technical protective measures. This includes, among others, the use of filter systems, as such is particularly appropriate for the protection of telecommunications and data processing systems.
2.5. Legal provisions for combating undeclared work are explicitly pointed out. The execution of orders in violation of such provisions or other legal regulations is prohibited. This also applies to preparatory actions aimed at the execution of an order through undeclared work.
§3. Registration and conclusion of usage contract
3.1. To use the platform, a customer needs to register online and create an account. For registration, the customer must be fully competent to conduct booking. Multiple registrations of the same customer are not allowed.
3.2. During registration, the customer is obligated to provide correct and complete information, especially regarding his/her identity, phone number, and email address.
3.3. By registering on the platform, the customer agrees to these terms of services and the privacy policy.
3.4. Consent to these general terms of services establishes a contractual relationship between AstraCaB GmbH and the customer.
3.5. The usage contract initiated by the registration commences with the activation of the selected access data. The usage contract is non-transferable.
3.6. The customer is obligated to keep the information provided up to date during the term of his/her usage contract. Necessary changes can be made in the "Account" section.
3.7. The customer is responsible for all activities on his/her account.
§4. Access data
4.1. The customer provides his/her phone number and verifies it using a code received via SMS message. The customer is not authorized to share access data with third parties.
4.2. The customer is obligated to inform AstraCaB GmbH immediately about possible unauthorized use of the access data. AstraCaB GmbH is authorized, if there is a justified suspicion of unauthorized use, to take the necessary measures, especially to temporarily block or delete access.
§5. Booking
5.1. The customer can request transportation of his/her cargo from one place to another through the platform, which is considered as an offer for a contract to business partners. Additional loading helpers can be booked if needed.
5.2. The booking request contains information on the customer's personal data; pickup and drop-off location; time and date; selected vehicle type and additional services ordered by the customer. Once all parameters are set, the booking price is calculated by the platform algorithm. AstraCaB GmbH then forwards this request to the business partner via the platform.
5.3. As soon as a business partner accepts this offer, a contract is concluded between the customer and the business partner under the agreed conditions.
5.4. The customer will be notified of the acceptance of his request via the platform. AstraCaB GmbH is not responsible for the provision of services and is not a party to the contract between the customer and the business partner.
5.5. The contract can only be executed by the business partner if the customer provides correct and complete contact and address information upon booking. The customer is obliged to report any inaccuracies in the data (including payment details) provided or disclosed to AstraCaB GmbH.
5.6. The customer must be available by telephone or e-mail specified upon booking for the business partner and AstraCaB GmbH to receive information regarding the status of his booking.
5.7. If the contract is concluded, the customer or his representative must be present at the pick-up address specified by the customer at the agreed time. If the customer or his representative is not present at the pick-up address at the agreed time, after the arrival of the driver at the pick-up location, the driver and AstraCaB GmbH will make reasonable efforts to contact the customer in order to proceed with the execution of the contract.
5.8. Upon arrival of the driver at the pick-up location, the Platform may start charging the fare based on the waiting time, according to the tariff set on the Platform.
5.9. If the customer makes a false booking (e.g. by providing false contact information, by not paying or by not being present at the pick-up location) or otherwise fails to fulfill his obligations under the Agreement, AstraCaB GmbH is entitled to refuse future orders from that customer.
§6. Cancellation policy
6.1. The customer can cancel the transport request via the platform free of charge as long as it has not yet been accepted by a business partner.
6.2. If the customer cancels an offer that has already been accepted (i.e. a contract has been concluded), a cancellation fee may be due, the amount of which can be viewed in advance on the platform. Further information about cancellation fees can be found here.
6.3. If the Business Partner notifies via the Platform that the driver has arrived at the pickup location and the Customer does not show up within 10 (ten) minutes, the Business Partner may cancel the order. In this case, a cancellation fee will be charged, the amount of which was previously visible on the platform. AstraCaB GmbH assumes no responsibility for such cancellations.
6.4. The Business partner may cancel the booking if the customer has provided an incorrect or non-working phone number or other contact information or if there is a case of force majeure.
6.5. If the customer has chosen cash payment and canceled his booking, he is obliged to pay the corresponding amount for canceling the booking.
§7. Payment
7.1. The algorithm calculates the price offered to the customer for the service based on a base fare that depends on the selected vehicle type, the distance between pickup and drop-off location, and requested additional services, e.g. loading or/and additional stop.
7.2. Depending on the payment options available at the respective location, the customer can pay for the transport services via bank card or with other payment methods (e.g. PayPal) if these options are offered by the platform.
7.3. AstraCaB GmbH is authorized by each business partner to act as an intermediary in the conclusion of contracts between them and the customers. This also includes the authorization to receive customer payments and forward them to the business partner.
7.4. The customer's payment obligations towards the business partner as well as the payment of a booking fee to AstraCaB GmbH are deemed to have been fulfilled as soon as the transfer order has been issued to AstraCaB GmbH's bank account. The customer must ensure that payment is made, and sufficient funds are available.
7.5. The business partner may only demand additional payments from the customer in excess of the agreed price (or get special remuneration from the customer) if the services provided exceed the amount ordered via the platform. Extra services can and must be booked via the platform.
7.6. The customer is allowed to give the business partner a tip, which can be given directly to the driver in cash.
7.7. AstraCaB GmbH accepts payments, withholds a booking fee and forwards the remaining balance to the business partner. AstraCaB GmbH may request additional data to verify the payment method.
7.8. AstraCaB GmbH assumes no responsibility for any additional costs from third parties, such as mobile operators or banks, that may be incurred when making payments via the Platform.
7.9. AstraCaB GmbH is responsible for processing payments on the Platform and provides support in the event of problems. Disputes regarding payments will also be handled by AstraCaB GmbH.
7.10. If payment via the platform is not possible for any reason, the customer is obliged to make the payment in cash directly to the business partner or his driver.
7.11. The chosen payment method may be subject to additional conditions determined by the relevant payment service provider. Customers should read their terms and conditions before using their payment method.
§8. Settlement of complaints
8.1. Customer complaints regarding the offer, the booking or the execution of the contract with the business partner must be addressed directly to the business partner.
8.2. The business partner bears full responsibility for his offer and compliance with the contractual agreements.
8.3. AstraCaB GmbH can only play a mediating role in such complaints.
8.4. If customers have complaints regarding the service, they must contact AstraCaB GmbH via the contact form or by e-mail info@astracab.de. Inquiries will be processed within 5 (five) working days, while complaints and payment requests will be processed within 10 (ten) working days.
8.5. AstraCaB GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§9. License to use the platform
Subject to compliance with these terms of services, AstraCaB GmbH grants the customer a royalty-free, revocable, non-exclusive license to access and use the Platform in accordance with these terms of services, the Privacy Policy and the applicable Google Play Store and Apple App Store Terms. The right to use the Platform may not be transferred or sublicensed. The corresponding non-exclusive license expires when the right to use the Platform expires.
§10. Intellectual property
AstraCaB GmbH reserves all rights not expressly granted to customers in these Terms. The Platform services and all non-personal data collected (including all intellectual property rights) remain the property of AstraCaB GmbH and our licensors. Customers are not permitted, nor may they allow third parties, to:
a) Copy, modify, distribute, sell, resell, transfer or rent or sublicense the intellectual property of the Platform.
b) Modify, develop or attempt to read the source code of the Platform in any manner other than permitted by law.
c) use or cause to be used programs or scripts for data mining, indexing, monitoring or other forms of data extraction in relation to the Platform or its data.
d) Use, display or manipulate any trademarks, trademarks or works of AstraCaB for any purpose other than the use of the Platform.
e) create or cause to be created any company, URL, domain name, software application, name or title, or social media profile, or register with usernames that contain or are similar to AstraCaB names, trademarks or works.
f) Use AstraCaB names, brands or works on social networks as a profile or background image.
g) to book keywords (e.g. Google Ads) that contain AstraCaB names, brands or works.
h) To apply for registration of, claim ownership of and/or copy any AstraCaB name, trademark or work; this also applies to trademarks, names, titles or works similar to them, regardless of whether they are used alone or in conjunction with other letters, punctuation, other words, symbols, designs or creative works, as long as these acts are within the scope the limited license granted in these Terms.
§11. Use of personal data
11.1. AstraCaB GmbH uses the customer's personal data exclusively for the provision and use of the Platform, unless further use of the data is provided for by law or the customer has given his/her express consent.
11.2. Details on the processing of personal data can be found in the separate Privacy Policy, which can be accessed via the link: https://astracab.de/en-de/privacy-policy .
§12. Liability of the Parties
12.1. AstraCaB GmbH is merely the intermediary of the service. AstraCaB GmbH is therefore not liable for damage caused by the business partner to the customer, regardless of whether the damage was caused to the transported goods or otherwise.
12.2. AstraCaB GmbH is only liable for its brokerage service in the event of intent or gross negligence, as well as for injury to life, limb or health.
12.3. In the event of a breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), AstraCaB GmbH's liability is limited to the amount of damage that is foreseeable and typical for this type of transaction. AstraCaB GmbH has no further liability.
12.4. If the customer or persons authorized by the customer damage the business partner's vehicle (whether through soiling or unpleasant odors), the business partner has the right to demand a contractual penalty and to claim further damages incurred.
12.5. Liability under the Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory provisions shall remain unaffected.
§13. Duration and termination of the brokerage contract
13.1. The contract for the use of the platform is concluded for an indefinite period.
13.2. The parties may terminate the contract at any time. The deletion of the Platform from the devices used is implicitly a termination of the contract of use by the customer. Termination by AstraCaB GmbH will be made by e-mail to the customer's e-mail address provided upon registration.
13.3. The right to terminate the contract for good cause remains unaffected.
13.4. After deletion of the customer account, the services of the platform can no longer be used. The customer can re-conclude the user contract by registering again. This does not apply in the event of termination for good cause by the Platform.
§14. Changes to the general terms of services
AstraCaB GmbH is entitled to change these terms of services at any time with future effect. The customer will be informed of any changes by notice on the platform and/or by email. The information will be provided at least three weeks after the planned entry into force. The customer then can object to the changes and continue the usage relationship under the old conditions. However, AstraCaB GmbH then reserves the right to terminate the contractual relationship with the agreed notice period.
§15. Applicable law
15.1. Exclusively the law of the Federal Republic of Germany applies.
15.2. Claims against AstraCaB GmbH can only be made at AstraCaB GmbH's headquarters in Munich.
15.3. These general terms of services are written in several languages. In the event of contradictions or discrepancies between the versions, the German version prevails.