Terms and Conditions: Passenger app ("allygator shuttle")
These Terms and Conditions of Door2Door GmbH, Torstraße 109, 10119 Berlin, Germany, listed with the Commercial Register of Berlin-Charlottenburg Local Court under no. HRB 130795B ("Door2Door"), apply for every use of the passenger transportation services provided by Door2Door (the " Service/s") via minibuses (the " allygator shuttle") and the use of the allygator shuttle software (the "App").
Subject matter of the contract
- Door2Door provides the user of the App (the "User") with the Service conditional on:
- the User being registered pursuant to Section 2 of these Terms and Conditions,
- the App being available,
- the allygator shuttle being available,
- the User adhering to the terms of transportation under Section 4 of these Terms and Conditions, and
- the User paying the transportation charges contractually agreed upon pursuant to Section 8 of these Terms and Conditions.
- The Service can only be booked via the App. The App is available for the operating systems iOS and Android and can be downloaded from the respective app stores via internet-enabled mobile devices (e.g. smartphones or tablet PCs) and can be used via these devices. Door2Door shall not carry out any installation or configuration services.
- Door2Door uses its own drivers, who are bound by Door2Door's instructions, to render the Service. If required by law, these drivers have a driver's license authorizing them to transport passengers pursuant to Sec. 48 of the German Driver's License Regulation (Fahrerlaubnis-Verordnung). Door2Door has obtained any licenses required to render the Service.
Registration / User account
- To register for the App, the User must request a registration code via the App. The User must enter his/her email in an electronic form provided in the App. Upon submitting the form, the User is offered the opportunity to receive a registration code from Door2Door. Door2Door provides a limited number of registration codes at its discretion, which are randomly distributed to Users. The User has no right to claim the registration code.
- If the User receives a registration code from Door2Door via email, he/she can enter the code in the respective field in the App and can then register with the App.
- In order to register, the User must enter his/her first name, last name, email address and a password of individual choice into an electronic form. The User must make truthful and complete statements and keep his/her data up to date at all times.
- Registration codes provided by Door2Door are strictly for personal use. The sale, transfer or assignment of individual or generic registration codes is strictly forbidden.
- Door2Door reserves the right to refuse to open an Account if there are legitimate reasons to believe that the data provided under clause 3 is incorrect, or if there are reasonable grounds to assume that the User will not comply with his/her contractual obligations.
- Where there is concrete evidence that a User has violated an obligation under these Terms and Conditions or applicable laws, Door2Door is entitled to suspend his/her Account, unless the violation is insignificant or cannot be attributed to the User. A suspension is also permitted if Door2Door has other legitimate interests in suspending the Account and the suspension is not unreasonable for the User.
- The User is entitled to terminate his/her Account at any time without notice by email to firstname.lastname@example.org. Upon termination of the Account, Door2Door will anonymize the User data within an appropriate period of time to ensure it cannot be attributed to any individual. The termination of the Account will not affect any passenger transportation contracts (each, a "Contract") concluded prior to the termination.
Booking and provision of Service
- The Service is booked via the User's Account. The User enters the departure and destination locations into the respective search field.
- Upon entering the destination, the User will see the available allygator shuttles for the route, the expected pick-up time, the expected transportation charges and the expected travel time. The User can book an allygator shuttle and then receives information about the driver and potentially about the booked vehicle (name of the driver, model and license plate of the vehicle) in the App.
- By clicking the "book" button, a Contract with the obligation to pay is concluded between the User and Door2Door, based on the payment terms set out in Section 8 below. The following User data is submitted to the driver: name, place of departure, destination and number of passengers, plus the price of the ride.
- The User must make use of the Service in person. Booking transportation solely for a third party is not permitted.
- The User may book the allygator shuttle for multiple passengers (currently a maximum of five). The number of passengers must be stated prior to transportation.
- The user may book for children under the age of 12 and of a height of below 1.50cm only if they bring an appropriate car seat/booster. The Service does not provide child seats.
- Children under 16 are not permitted to register for the Service or book rides.
- It is not possible to change the destination after having booked the allygator shuttle, however, the user may request to be dropped off on the route leading to the pre-arranged destination at any time. It is up to the driver's discretion to pick an appropriate location for this drop-off.
- The User can revoke the booking before his/her pick-up according to Section 15 of the Terms and Conditions.
- The travel time stated before the booking is an estimated range based on the current traffic conditions and the maximum possible travel time, including any detours to accommodate additional passengers. As the traffic conditions are subject to change at any time (e.g. due to an accident or traffic jam), the estimated travel time can differ from the actual travel time.
- The estimated time of arrival shown after booking is based on the current traffic situation, but may be delayed to accommodate additional passengers.
Terms of transportation
- During transportation, the User shall behave in a manner required to ensure safe and smooth operation and the safety of others.
- Smoking is prohibited in the vehicle at all times.
- The User is not allowed to carry animals in the vehicles.
- The User is not allowed to drink or eat during transportation.
- Persons that are inebriated or that put the driver's or other persons' safety at risk, have no right to transportation.
- Door2Door reserves the right to charge a cleaning supplement of EUR 100 if the User soils the interior of the vehicle in a way that goes beyond the usual signs of wear and tear.
- Passengers are not allowed to carry any luggage on the vehicles.
Lost and found
- Any User losing items in the allygator shuttle must contact the Door2Door Customer Service under email@example.com.
- Lost items will be stored by Door2Door for 30 days. Afterwards, lost items can be picked up at the municipal lost property office.
- Door2Door's liability for lost items in the allygator shuttle is limited to the provisions set out in Section 13 of the Terms and Conditions.
Availability of the App
- The User has no right to claim permanent availability of the App. However, Door2Door will make every reasonable effort to remedy any interruption as soon as possible.
- Door2Door is entitled to suspend or shut down the App at any time, in particular for reasons of maintenance, safety or capacity. Existing passenger transportation Contracts remain unaffected.
Availability of vehicles
- The Service is currently offered in part of the city of Berlin, in a restricted timeframe. The exact geographical area and times covered by the allygator shuttle are detailed under the following link: https://www.allygatorshuttle.com/en/operational-info.html.
Remuneration / Transportation charges
- The registration is free of charge for the User. The connection costs incurred for the use of the App shall be borne by the User.
- A remuneration of EUR 0.05 per kilometer for the optimal driving distance between pick-up and drop-off points (i.e. without detours to pick up other passengers) will be due for the transportation service and must be paid in order to use the Service (the " Charge").
- The User may choose to pay the Charge in cash or via credit card through the online payment system integrated into the App. The payment processing service is provided by Braintree, a subsidiary of PayPal (Europe) S.à r.l. et Cie, S.C.A., (R.C.S. Luxembourg B 118 349) (" Braintree").
- In case the User chooses to pay in cash, the cash amount equivalent to the Charge shall be paid to the driver upon entering the vehicle. In order to ensure smooth payment, Door2Door requests that the User pays with coins or, at most, 20 Euro notes.
- In case the User wishes to pay with a credit card, the instructions provided under the "Payment" section of the App shall be followed. All payments made through the App are processed directly by Braintree. Door2Door has no control or influence over the payment processing service.
- The User acknowledges that all Charges are non-refundable and, in particular, that a refund cannot be claimed in the event of an early drop-off requested in accordance with Subsection 7 of Section 3.
- The User will receive an electronic invoice via email once the payment has been confirmed.
User's responsibility with regard to the App
- The User must keep his/her Access Data safe and may not disclose it to any third party or grant any third party access to the User Account. The User must inform Door2Door of any unauthorized use of his/her User Account without delay.
- The User must use the App in a way that the App will not be impaired or damaged and that the purpose of the App will not be put at risk. The User will neither bypass nor change the security measures of the App, nor will the User induce any third party to do so.
- The User has full responsibility for the internet access, technical requirements, and the configuration and performance of his/her mobile device that is necessary to use the App, as well as for updating the required software and operating systems. Door2Door cannot guarantee the App's functionality with older operating systems.
Copyrights and licenses
- Door2Door hereby grants to the User a license to use the App as set out in the Terms and Conditions. This license is non-exclusive, limited to the duration of the installation of the App, non-transferable and non-sub-licensable.
- The contractual use is limited to (i) installing the App to a device owned by the User, (ii) reproducing the App as needed in order to load, display, save and run the installed App and (iii) a person authorized under Sec. 69 para 2 of the German Copyright Act (Urheberrechtsgesetz – UrhG) having the right to make a backup copy of the App.
- The User is only entitled to edit or decompile the App if this is permitted by law and if the required data is not provided by Door2Door upon the User's request.
- The User is not entitled to sell, lend, let or to sub-license the App in any other way, nor to publicly distribute the App or to make it publicly accessible.
- Notwithstanding the provisions of subsections 1 through 4 of this Section 10, to the extent that the App contains open source software, the User receives licenses in accordance with the relevant license terms of such software. Both parties agree to comply with such license terms.
- The User is not granted any further license to use or exploit the App.
- If the User infringes one of the aforementioned provisions, any and all licenses granted hereunder will become ineffective. In this event, the User must immediately and entirely cease to use the App and must delete all copies including the backup copy, or must surrender these copies to Door2Door. Upon Door2Door's request, the User will confirm in writing that any and all installations of the App are irrevocably deleted from his/her device or any third party's device.
Warranty (Mängelansprüche) for product defects (Sachmängel) in the App
- If the use of the App is subject to a charge, the following regulations apply to product defects in the App. If this is not the case, the User's warranty for product defects in the App is limited to the rights set out in Sec. 524 of the German Civil Code (Bürgerliches Gesetzbuch - BGB).
- The App essentially corresponds to the description set out in these Terms and Conditions. Claims based upon product defects cannot be asserted in case of immaterial deviation from the agreed or assumed quality or in case of insignificant impairment of merchantability.
- If updates, upgrades and new versions are supplied, any claims based upon product defects are limited to the new features of the App introduced with the update, upgrade or new version.
- Door2Door may remedy any product defects by methods and means of its own choice. Remedies also include any reasonable workarounds made available by Door2Door to the User. Door2Door may also demand that the User installs "bug fixes" in any software components made available to the User. Door2Door may, at its reasonable discretion, determine the time for remedying any product defects.
- Any right of the User to remedy product defects independently or with the assistance of third parties is hereby excluded.
- The User shall provide Door2Door with written notice of any defects in the App promptly upon discovery, enclosing therewith a detailed description of the defects. Any obligations of the User to examine or to provide notice of product defects under applicable commercial law shall remain unaffected hereby.
- Any claims of the User based upon product defects are time-barred within twelve months from the date of accrual and the date on which the User discovered or, absent recklessness on the part of the User, would have discovered the circumstances giving rise to the claim, unless Door2Door has fraudulently concealed a product defect. This does not affect any statutory limitation periods for damages claims by the User.
- The User shall have no claims based upon any product defects if the App has been modified by the User or any third parties, unless the User can show that the infringement did not result from modification of the App. Door2Door assumes neither liability for any product defects caused by improper handling or operation, nor for the use of inappropriate equipment.
- The User shall have no claims for damage, except as provided in Section 13 of these Terms and Conditions.
Warranty for defects in title (Rechtsmängel)
- If the use of the App is subject to a charge, the following regulations apply to claims for defects in title. If this is not the case, the User's warranty for defects in title is limited to the rights set out in Sec. 523 BGB.
- Door2Door warrants that the App shall not infringe any third-party rights if used as agreed and in accordance with these Terms and Conditions. Door2Door shall not be liable under this warranty, unless the User promptly notifies Door2Door of any third-party claims and allows Door2Door to defend such claims and entertain settlement negotiations. The User shall, to a reasonable extent and at no cost to Door2Door, assist Door2Door with the defense of any third-party claims, in particular by making all necessary information available.
- Rights within the meaning of this Section shall only refer to rights held by third parties in the Federal Republic of Germany.
- If third-party rights impair the agreed use of the App by the User, Door2Door may, at its sole option, either modify the App such that it no longer infringes the third-party rights, or, alternatively, acquire for the User the legal rights necessary for the use of the App. Any right of the User to modify the App independently or with the assistance of third parties is hereby excluded.
- The User shall have no claims based upon any defects in title if the App has been modified by the User or any third parties or if the infringement results from any combination of the App with products or services of any third parties, unless the User can show that the infringement did not result from the modification or combination.
- The User's claims for defects in title will become statute-barred twelve months after the claim arose and the circumstances substantiating the claim became known or should have become known to the User without gross negligence, unless Door2Door fraudulently concealed the defect in title. The statutory period of limitation for the User's claims for damages for defects in title remains hereby unaffected.
- The User shall have no claims for damage, except as provided in Section 13 of these Terms and Conditions.
- Door2Door is subject to unlimited liability for any damages arising from the use of the App, caused by gross negligent or willful misconduct of Door2Door or its legal representatives or agents. Door2Door is further subject to unlimited liability for any damages resulting from any wrongful harm to life, limb or health, and for any damages under the German Product Liability Act (Produkthaftungsgesetz).
- Door2Door also assumes liability for any damages caused by ordinary negligence if, and solely to the extent, Door2Door breaches any material obligation under the agreement jeopardizing achievement of the purpose of the agreement and if the User placed particular reliance upon performance of such obligation. In such cases, Door2Door's liability shall be limited to damages reasonably foreseeable at the time the agreement was signed. If the use of the App is not subject to a charge, sentence 1 of this subsection 2 does not apply; in this case, liability for ordinary negligence is excluded.
- The foregoing limitations of liability shall also inure to the benefit of Door2Door's legal representatives and employees, and shall also apply in cases involving liability for culpa in contrahendo or torts.
- Door2Door is not liable for any information submitted to the User being correct and exhaustive or reaching the User in time.
- Any liability of Door2Door for lost data shall be limited to compensatory damages in the amount necessary for the restoration of the data using electronic backup media. The obligation of the User to back up data on a regular basis according to the state of the art shall remain unaffected hereby.
- Door2Door does not assume any liability for data provided by any third party being correct or exhaustive.
- Any and all claims of the User against Door2Door shall be subject to a limitation period of one year from the date of accrual and the date on which the User discovered or, absent recklessness on the part of the User, would have discovered the circumstances giving rise to the claim, except for claims defined in subsection 1 and subsection 2 of this Section 13.
Amendments to the Terms and Conditions
- Door2Door has the right to amend these Terms and Conditions at any time. Any amendment will be communicated on the website or in the App in due time. If the User does not object to these amendments within the notice period, they shall be deemed to be approved. The same applies if the User continues to use the App after expiry of the notice period. This is pointed out in the notification.
- If the User objects to an amendment of the Terms and Conditions, this shall be deemed to be a termination of the User Account within an appropriate period of time.
Revocation of booking / termination of Contract
- The User may revoke the booking in the App at any time before being picked up by the allygator shuttle without stating a reason.
- Door2Door may terminate the contract at any time before the User's pick-up if there is particular reason for the termination. This is in particular the case if the booked vehicle is caught up in a traffic jam or has an accident, unless the delay is only immaterial, or if the driver cannot find the User. The User will be notified about the termination, in the App.
- The driver is entitled to refuse or to discontinue the transportation if certain conditions suggest that the User has violated the terms of transportation set out in Section 4 of these Terms and Conditions, and in particular if the User is heavily under the influence of alcohol or puts the driver's safety at risk.
Export and import regulations
- The App can be subject to export and import restrictions. In particular, the App can be subject to authorization requirements and the use of the App or any related technologies can be subject to restrictions abroad.
- The User agrees to comply with the applicable export and import regulations of the Federal Republic of Germany, the European Union and the United States as well as with any other relevant provisions. Door2Door provides the App under the condition that there are no obstacles resulting from national or international export or import provisions or any other statutory provisions which could prevent the use of the App.
- Unless provided otherwise in these Terms and Conditions, any amendment or collateral agreement to the Terms and Conditions must be executed in writing to become effective. The foregoing shall also apply to any waiver of this provision.
- If any provision of these Terms and Conditions is invalid or void, the validity of the remaining provisions shall remain unaffected. Any invalid or void provision shall be replaced by such lawful provision that most closely reflects the commercial intent and purpose of the original provision. The foregoing shall also apply if any provision has been inadvertently omitted from the agreement.
- The legal relationship between the parties shall be exclusively governed by German law with the exception of the UN Convention on Contracts for the International Sale of Goods.
- In case of conflict between the English and the German versions of these Terms and Conditions, the German version shall be applicable.
Last updated on 14 May 2019
10119 Berlin, Germany
Phone number: +49 30 948 520 401
Email address: firstname.lastname@example.org