https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=germany&lang=deLast changed: December 24th, 2019
UBER B.V.
Terms and conditions
Last updated on: December 4th, 2017
1. Contractual relationship
These Terms of Use ("Terms") form the contractual basis between you and Uber BV, a limited liability company registered in the Amsterdam Commercial Register under number 56317441 with its registered office at Mr. Treublaan 7, 1097 DP, Amsterdam, The Netherlands, ("Uber" ) about the use of brokerage services and related services from Uber.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR Brokerage Services.
By accepting these conditions, you declare your legally binding agreement to these conditions.
The use of the brokerage services requires the acceptance of these conditions.
These terms and conditions expressly replace all contracts or agreements previously concluded with you.
Uber can immediately terminate these terms and conditions and all brokerage services to you, discontinue the brokerage services in general or deny access to all or some of the brokerage services at any time for whatever reason.
Additional conditions may apply to certain brokerage services, such as guidelines for a specific event, campaigns or promotions.
Supplementary conditions apply in addition to the conditions for the respective brokerage services and represent part of them.
If there is a contradiction to these conditions, the supplementary conditions apply to the respective brokerage services.
Uber can change the terms at any time.
Uber will notify you of the changes.
By confirming the changed conditions, you declare that you agree to the changed conditions.
From this point in time, the changed conditions come into force.
Our collection and use of personal data in connection with the brokerage services is carried out in accordance with Uber's data protection guidelines, which can be found on the website https://www.uber.com/privacy/notice.
Without prejudice to the Privacy Policy, Uber may, to the extent permitted by applicable law, provide any claims handler or insurer with any necessary information (including your contact details) if there is a complaint, litigation or disputes related to the transportation or logistics service provided by Uber A conflict arises in which you and a third party (in particular an independent service provider) are involved and this information or data is necessary to pursue and resolve the complaint, legal dispute or conflict.
2. The brokerage services
Uber offers various technology platforms and uses them to provide you with brokerage services.
The use of these brokerage services is free of charge for you, unless otherwise agreed.
The brokerage services include the provision of a technology platform with which requests for transport or logistics services from users of the mobile applications or Uber websites (each an "application") to independent and independent third-party providers, including independent transport service providers and independent logistics service providers (" independent service providers "), as well as the billing of the transport or logistics services in the name and for the account of the independent service provider.
Unless otherwise agreed between Uber and you in a separate written contract, the brokerage services are only offered for your private, non-commercial use.
You are free to use the brokerage services.
There is no obligation to use the brokerage services for certain periods of time.
At the same time, Uber is under no obligation to successfully provide you with transportation or logistics services.
It is entirely at the sole discretion of the respective independent service provider to accept or reject your request for transportation or logistics services.
The application enables you to send a request for a transport or logistics service.
The GPS receiver, which should be installed on the mobile phone (smartphone) onto which you have downloaded the application, recognizes your location.
If you activate the GPS function, Uber will send your request and your location data to the independent service provider by email on your behalf.
YOU REQUIRE AND AUTHORIZE U TO FORWARD YOUR INQUIRIES TOGETHER WITH YOUR LOCATION DATA TO AN INDEPENDENT SERVICE PROVIDER BY E-MAIL AND IN THE EVENT OF AN INQUIRY FOR TRANSPORT SERVICES, THE INDEPENDENT (i ) IS CLOSED TO YOU.
If the independent service provider accepts your request, you will receive a notification via the application with information on the independent service provider and driver - including the name of the driver, license plate number and customer service rating - as well as the option to contact the driver by phone.
The application enables you to see in real time how fast the driver is approaching your location.
If no independent service provider is available to accept your request at the time your request is sent, you will receive a corresponding notification via the application.
YOU ARE AWARE OF THAT YOURSELF DOESN'T PROVIDE OR PROVIDE ANY TRANSPORT OR LOGISTICS SERVICES OR ACT AS A CARRIER AND THAT ALL TRANSPORT AND LOGISTICS SERVICES ARE PROVIDED FOR INDEPENDENT SERVICE PROVIDERS.
THE INDEPENDENT SERVICE PROVIDERS DO NOT ACT FOR UBER OR ANY UBER AFFILIATED COMPANY, NOR ARE THEY EMPLOYED BY UBER OR ANY OF AN UBER AFFILIATED COMPANY.
License.
Provided that you comply in full with these Terms, Uber grants you a limited, non-exclusive, non-sub-licensable, revocable and non-transferable license to: (i) access and use the Applications on your own device in connection with the use of the brokerage services and (ii) access to all content, information and associated materials made available via the applications and their use, in each case only for your private and non-commercial use.
All rights not expressly granted herein are reserved by Uber and its licensors.
Restrictions.
You may not: (i) remove any copyright, trademark, or other proprietary notice from any part of the Applications; (ii) reproduce, modify, prepare derivative works from the Applications, distribute, license, rent, sell, resell, transmit, publicly display or perform, transmit, stream, the Applications without the express permission of Uber, to broadcast or otherwise profitably exploit; (iii) decompile, reverse engineer, or disassemble the Applications, except where permitted by law; (iv) link, frame or mirror any part of the Applications; (v) to develop or install programs or scripts with the aim of scrapping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the applications; or (vi) attempt to gain unauthorized access to any part of the Applications and related systems or networks or to interfere with them.
Brands from Uber.
You confirm that the brokerage services are made available under different brands of Uber, depending on the design of the respective brokerage service, including the brands for brokering transport services such as in particular (but not limited to) "Uber", "uberX", "uberXL", "UberBLACK" , "UberSUV", "UberBERLINE", "UberVAN", "UberEXEC" and "UberLUX", "UberPOOL" and the brands for the mediation of logistics services, namely "UberRUSH", "UberFRESH" and "UberEATS".
You agree that the brokerage services may be made available, in Uber's sole discretion, through or with the participation of certain Uber subsidiaries or Uber affiliates.
Property.
Ownership of the goods and other rights associated with the brokerage services remains with Uber or Uber's licensors.
Neither these Terms nor the use of the Brokerage Services grants you any rights: (i) in or in relation to the Brokerage Services, except for the limited license granted above; or (ii) for use of or reference to Uber's company names, logos, product and service names, trademarks, or those of Uber's licensors.
3. Your use of brokerage services
User accounts.
To use the brokerage services, you must create and maintain your own user account (“Account”).
You must be at least 18 years old to create an account.
To register an account, you must provide Uber with certain personal information such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or a recognized payment partner).
You agree to ensure that your account information is always correct, complete and up-to-date.
If your account details are no longer correct, complete and up-to-date or if the payment method stored in your account information is invalid or has expired, you may no longer have access to Uber's brokerage services or can no longer use them, or Uber may lose this contract Announces with you.
You are responsible for all activity on your account, and you agree to keep your username and password safe and secret at all times.
You cannot have more than one account without Uber's written approval.
Requirements for users and behavior.
The placement services are not available to persons under the age of 18.
You are not permitted to allow third parties to use your account and to enable persons under the age of 18 to use the transport or logistics services offered by the independent service providers without your escort.
You are not permitted to assign your account to any other person or company or to transfer it in any other way or to make it accessible.
You agree to comply with all relevant laws when you use the brokerage services, and you may only use the brokerage services for lawful purposes (e.g. you may not use the brokered services of the independent service providers to transport prohibited or dangerous materials) .
Text messaging.
By creating an account, you agree that text messages (SMS) with information will be sent to you as part of normal business operations as part of the use of the placement services.
You can refuse to receive text messages (SMS) from Uber at any time by sending an email to customers-de@uber.com stating, along with the number of the mobile phone on which you are receiving these messages, that You no longer wish to receive these messages.
You are aware that opting out of text messages (SMS) can affect your use of the intermediary services.
Coupon codes.
Uber may, at its sole discretion, issue voucher codes that are credited to the account or other incentives or advantages for the brokerage services or for the services of the independent service providers (“voucher codes”).
As a rule, additional conditions apply to the use of the individual voucher codes.
You agree that Voucher Codes: (i) may only be used lawfully and for the specified audience and purpose; (ii) not be duplicated, sold or transferred in any form or made available to the public (by posting or otherwise) without express permission from Uber; (iii) can only be used in accordance with the additional terms set out by Uber for the relevant Voucher Code; (iv) cannot be paid out in cash; and (v) expire prior to redemption.
Uber reserves the right to withhold or deduct any credits or other benefits or perks that you or another user received through the use of voucher codes if Uber determines or believes that the use or redemption of the Voucher codes was made through fraud, illegal activity or in violation of the applicable conditions for the voucher code or these conditions.
User Provided Content.
Uber may, in its sole discretion, allow you to submit, upload, publish, or otherwise make text, audio and / or image content and information available to Uber from time to time, including unfiltered comments and feedback on the Brokerage services, support inquiries and the submission of contributions in the context of competitions and promotions ("User Content").
All user content that you have made available remains your property.
Taking due care in the traffic, ensure that: (i) you are either the sole and exclusive owner of all User Content; and (ii) neither the User Content nor the transmission, upload, publication or other making available of such User Content, nor the use of the User Content by Uber as authorized herein, infringes or disregards any third party intellectual property rights, publication rights or data protection rights Represent a violation of relevant laws or regulations.
You agree not to post any User Content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable, or unlawful, as determined by Uber in its sole discretion, whether or not such material is protected by law.
Uber reserves the right, at its sole discretion, to review and monitor User Content and to remove it in the event of a breach of the above Code of Conduct.
There is no obligation to remove user content.
Network access and devices.
You are responsible for setting up the data network access required to use the switching services.
While accessing and / or using the brokerage services, data and connection fees and charges from your mobile network provider may apply, for which you are responsible.
You are responsible for procuring and updating the compatible hardware and devices that are required for access to the brokerage services and applications as well as their updates or for the corresponding use.
Uber does not guarantee that the intermediary services or parts thereof will function on the respective hardware or devices.
In addition, there may be disruptions and delays in brokerage services due to the use of the Internet and electronic communication media.
4. Services of the independent service providers.
Uber only acts as an intermediary between you and the independent service providers.
The independent service providers to whom your request was conveyed via the application are solely responsible for the transport or logistics services.
If the independent service provider accepts your request, the transport or logistics contract is concluded directly between you and the respective independent service provider.
Uber is at no time a party to this contract of carriage or logistics.
You are aware that other conditions apply to the provision of the transport or logistics service as agreed between you and the independent service provider.
In these conditions, the provision of the transport or logistics service can be made dependent on certain rules of conduct.
The respective independent service provider is solely responsible for determining and enforcing these rules of conduct and other conditions.
5. Payments
The use of the brokerage services is free of charge.
However, Uber reserves the right to introduce a fee for the use of the intermediary services.
If Uber decides to introduce such a fee, Uber will give you advance notice and allow you to continue or terminate the contract.
You are aware that you usually incur costs (“price”) for using the transport or logistics services offered by the independent service providers.
The respective prices of the transport or logistics service are set by the respective independent service provider.
Uber will bill you for the brokered services on behalf of the independent service provider.
Uber will offset your payment with the ISP by acting as the ISP's limited collection agent.
The payments you make in this way will be treated as if you had made them directly to independent service providers.
All prices are payable immediately.
Uber is entitled to charge the credit card you specified when you registered to use the applications (including any taxes and late fees that may be incurred in connection with your account) in the name of and for the account of the independent service provider.
Uber will then email you a payment confirmation.
You agree that Uber, as a limited collection agent for the Independent Service Provider, may use the second payment method stored in your account if the preferred payment method stored in your account has expired, is invalid or cannot be charged for other reasons.
If the independent service provider allows this, you can cancel the services or goods requested from an independent service provider at any time before the arrival of the services or goods, whereupon you may be charged a cancellation fee by the independent service provider.
After receiving services or goods from the independent service provider, you have the opportunity to rate the service of the independent service provider and provide additional feedback about him.
6. Disclaimers of Liability; Limitation of Liability; Exemption.
Assurances
The placement services are provided free of charge.
In return, you are not entitled to constant uninterrupted availability or constant fault-free functionality.
Temporary interruptions or errors can arise in particular for reasons of force majeure (e.g. power failure) or due to planned maintenance and modernization work.
In addition, the intermediary services may be subject to limitations, delays and other problems characteristic of the use of the Internet and electronic communications.
Uber must make every effort to ensure the best possible availability of the brokerage services and to resolve disruptions as quickly as possible.
To clarify, it should be noted that Uber does not insure AND does not guarantee that access or use of the intermediary services will (a) be uninterrupted or error-free or (b) will result in the acceptance of your transport request by the respective independent service provider.
DISCLAIMER.
As an intermediary, Uber is not responsible for the transportation or logistics services provided by the independent service provider.
UBER IS THEREFORE NOT LIABLE FOR ANY DAMAGES, INCLUDING FINE OR DAMAGE CLAIMS THIRD PARTIES, OR LOSSES THAT YOU MAY CAUSE FROM: CONTRACTS OR RELATIONSHIPS BETWEEN YOU AND AN INDEPENDENT SERVICE PROVIDER.
NOR MAKES ANY REPRESENTATION OR WARRANTY AND / OR WARRANTY WITH REGARD TO THE QUALITY, SUITABILITY, SAFETY, ABILITY, TIMELINESS, AND RELIABILITY OF INDEPENDENT SERVICE PROVIDERS.
LIMITATION OF LIABILITY.
Uber and the companies affiliated with Uber are liable for damage resulting from the use or the nature of the brokerage services, insofar as Uber, the companies affiliated with Uber, their representatives or vicarious agents caused this damage willfully or through gross negligence.
In the event of simple negligence on the part of Uber, the companies affiliated with Uber, their representatives or vicarious agents, Uber and the companies affiliated with Uber shall only be liable in the event of a breach of an essential contractual obligation and only for damage typical of the contract that was foreseeable at the time the contract was concluded.
Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely.
The limitations of liability do not apply in the context of assumed guarantees, for injuries to life, limb and health, or for claims under the Product Liability Act.
FOR CLARIFICATION: UBER IS NOT LIABLE FOR DELAY IN PERFORMANCE OR LOSS OF PERFORMANCE FOR REASONS FOR WHICH UBER IS NOT RESPONSIBLE.
POSSIBLE RIGHTS OF WITHDRAWAL REMAIN UNAFFECTED.
Any limitations of liability provided for in this contract do not apply to culpable injury to life, limb or health, to liability under the Product Liability Act or within the framework of guarantees.
Exemption.
You agree to indemnify Uber and its officers, officers, employees and contractors from all claims, claims, losses, liability claims and costs (including legal fees) arising out of or in connection with: (i) a culpable breach of the Terms or a culpable violation of the same; or (ii) the culpable violation of the rights of third parties, including third party service providers and independent service providers, on your part.
7. Governing Law.
Unless otherwise specified in this contract, this contract is exclusively subject to the laws of the Federal Republic of Germany, excluding conflict of laws, and is interpreted in accordance with these laws.
The Vienna Convention on the International Sale of Goods of 1980 (English abbreviation: CISG) does not apply.
8. Other provisions
Announcements.
Uber can send messages in the following ways: generally through the Applications, personally to the e-mail address associated with your account, or by post to the address given in your account.
You can send notices to Uber in writing to Uber's address at Mr. Treublaan 7, 1097 DP, Amsterdam, The Netherlands.
General.
You may not assign or transfer any claim under this Agreement in whole or in part without Uber's prior written consent.
You give your consent that Uber is entitled to assign or transfer rights under this Agreement in whole or in part, in particular to: (i) Uber's subsidiaries or companies affiliated with Uber; (ii) an acquirer of Uber's stock, business, or asset; or (iii) Uber's successor in title in a merger.
There is no joint venture or partnership, employment or agency relationship between you, Uber and the independent service providers as a result of this contract or the use of the brokerage services.
If any provision of these Terms is found to be unlawful, invalid or unenforceable in any jurisdiction, in whole or in part, that provision or the affected portion thereof will be treated as void with respect to these Terms and the legality, validity and enforceability of the remaining provisions of these Terms will remain untouched.
In this event, the parties shall replace the illegal, invalid or unenforceable provision or the affected part thereof with a lawful, valid and enforceable provision that comes as close as possible to the content and purpose of the illegal, invalid or unenforceable condition or part thereof.
These terms and conditions form the entire contract concluded between the parties on the subject matter of the contract and replace all contracts or agreements previously or simultaneously concluded on the subject matter of the contract.
In these provisions, the terms “including” or “including” and “including” stand for “in particular” or “including”.