General Terms and Conditions
1. Scope and definitions
1.1 The following General Terms and Conditions apply exclusively to contracts that you conclude as a consumer with GO Sharing Germany GmbH, Goebenstraße 35, 66117 Saarbrücken, Germany.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.3 The customer’s contractual partner for contracts concluded on the website de.go-sharing.com is GO Sharing Germany GmbH.
1.5 The following definitions are used in these Terms:
(a) Service Area: an area designated by GO Sharing where the use of the Vehicle can be started and stopped. The most recent version of the Service Area can be found on the digital map in the App or on the Website.
(b) Customer service: GO Sharing customer service. Further up-to-date contact details can be found on our website.
(c) Agreement: Any agreement entered into between GO Sharing and the User.
(d) Rental Agreement: The agreement entered into for each use.
(f) Ground Rules: The rules governing the use of our services available on the Website.
(g) Website: GO Sharing Website: https://de.go-sharing.com/
2 Conclusion of Contract and Account
2.1 In order to reserve and unlock our Shared Vehicles (the Services), you (as a User) must accept these Terms and Conditions when registering via the GO Sharing App (the App). You must provide us with all necessary information to complete the verification process to activate your account (the Account). Upon our confirmation of your reservation, a rental agreement (the Rental Agreement) will be formed between us.
2.2 You can use our services by registering via the App. When doing so, we will ask you to provide all requested personal and payment details and to follow the verification procedure (for the payment method and driver’s licence). Once all required data has been provided and the verification process has been completed, your account will be activated (the Account).
2.3 GO Sharing may ask you to complete the verification process again. GO Sharing reserves the right to decide which verification process is preferred in the actual case. In any case, GO Sharing is always entitled to block your account if deemed necessary. This includes in any case your failure to comply with the requirement.
2.4 You are personally responsible for the accuracy, access and use of your Account. If you suspect that a third party is using your account (unlawfully), please report this immediately via email@example.com.
2.5 The use of your account is strictly personal. It is not permitted to grant access to your account to other persons, including by providing login details to third parties.
2.6 If we suspect that the (personal) data you have provided is invalid or if your use of the Services does not comply with these Terms, Agreements and/or relevant laws and regulations, we may suspend, terminate or otherwise restrict your use (including the use itself).
3.1 You may reserve and use the Sharing Vehicles (the Vehicles) through our App (the Use). Use of the Vehicles is subject to these Terms.
3.2 A reservation of the Vehicle (and thus the conclusion of the Rental Agreement) will only take place after this has been confirmed in the App by GO Sharing.
3.3 Use of the vehicle can only begin and end in the service area provided for this purpose in the App. Use will only end when the App informs you that use has ended successfully.
3.4 The use of the vehicle may be limited in time. The maximum period of use of the vehicle is indicated in the App and in any case does not exceed 7 (seven) days, unless GO Sharing has given written permission for a different maximum period of use.
4 Discount Packages and Journey Time
4.1 A credit for usage (e.g. journey time or discount packages) (the credit) is subject to a limited period of validity.
4.2 The period of validity of credits is generally limited to a period up to the end of the third year following the credit, unless expressly stated otherwise.
4.3 If a credit is issued free of charge as part of promotional activities, the period of validity is generally limited to 30 days, unless expressly stated otherwise.
5 Rate, payment and collection
5.1 GO Sharing determines the usage costs based on the prices stated on the Website and the actual usage. Do you have a subscription or discount code? This will be taken into account.
5.2 Before usage can begin, we agree how the costs are to be paid. The App allows for various payment methods which will be specified in the booking process. If you are required to pay a deposit, you will be advised of this and the payment method by which the deposit is to be paid during the booking process.
5.3 GO Sharing may require outstanding debts to be settled before the services can be used again.
6 Billing by third parties
6.1 If you use the payment details of another person (legal entity, company or individual) when registering on the App, you must have obtained the prior consent of the person whose payment details were provided.
6.2 GO Sharing is entitled to contact directly the person whose payment details have been provided by you in order to verify that you have indeed obtained the required consent.
6.3 If it transpires that consent was not obtained in accordance with clause 6.1, you must pay the outstanding debt to GO Sharing at your own expense and be liable for all damages incurred by GO Sharing, insofar as these are your fault.
7.1 You are liable for all damages that occur during or as a result of the use of the vehicle and / or the services, provided that you have culpably caused these damages, i.e. either negligently or intentionally. This includes damage to the Sharing Vehicle as well as to third party vehicles and/or fines justifiably levied against you by public authorities for traffic violations and/or criminal offences.
7.2 Damage caused to third parties may be covered by GO Sharing’s liability insurance, except for the deductible specified in the other costs.
7.3 If damage is caused by the User’s culpable actions that result in the insurance cover lapsing, the User is liable to GO Sharing for compensation for the resulting damage.
7.4 The following exclusions and limitations of liability apply to GO Sharing’s liability for damages, without prejudice to the other statutory requirements for claims.
7.5 GO Sharing shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
7.6 Furthermore, GO Sharing shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies (so-called cardinal obligations). In this case, however, GO Sharing is only liable for the foreseeable, contract-typical damage. Subject to clause 7.7, GO Sharing is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
7.7 The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
7.8 Insofar as the liability of GO Sharing is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
8.1 The user may terminate the agreement with GO Sharing in text form (including by e-mail) subject to any period of notice. Termination does not release the user from the obligation to make outstanding payments for services already provided.
9 Alternative Dispute Resolution
9.1 We are required by law to refer you to the European Commission’s European Online Dispute Resolution (ODR) platform, which can be accessed at https://ec.europa.eu/odr.
9.2 GO Sharing does not participate in any alternative dispute resolution procedures.
10 Further conditions
10.1 The text of the contract will be stored by GO Sharing in digital form for the purpose of processing the contract and kept for 3 years.
10.2 The contractual language is German.
10.3 These terms and conditions, the agreement and the rights arising from them are subject to German law. However, this shall not affect the mandatory provisions of the state in which you as a consumer have your habitual residence.
10.4 The place of jurisdiction and performance is the registered office of GO Sharing if the customer is a merchant, a legal entity under public law or a special fund under public law.