1. validity and amendments
1.1 The VeloVans platform, accessible at www.velovans.com, enables Users to offer transport services for goods or to post transport requests for goods.
1.2 These General Terms and Conditions (GTC) govern the legal relationship between VeloVans and all other natural and legal persons who use the services of VeloVans pursuant to paragraph 2.
2. subject matter of the contract
2.1 VeloVans mediates between Users and provides a platform for this purpose. Users have the option of placing advertisements on this platform to enable other users to contact them and conclude contracts for transport services.
2.2 The function of VeloVans is limited to establishing contact between users via the platform provided. It is pointed out that the Advertisements do not constitute a binding offer by VeloVans. VeloVans itself is not a party to the contracts concluded between the Users for the transport of objects and, in particular, has no influence on the remuneration charged by the individual Users for the provision of their services. VeloVans is not entitled to accept payments from Users on behalf of other Users. VeloVans reserves the right to change, supplement, delete or temporarily or permanently hide advertisements that violate applicable law, morals, customs or contractual obligations without prior notice.
2.3 Access to the VeloVans brokerage platform is via the internet address www.velovans.com. The use of the mediation services of VeloVans requires a successful registration as a User, for which the provision of personal data is required. By registering, the User undertakes (a) to provide comprehensive, up-to-date and complete information about himself/herself and (b) to keep this information up to date at all times in order to ensure that it is up-to-date, correct and complete.
2.4 VeloVans makes every effort to ensure that the content on www.velovans.com is carefully prepared. Nevertheless, VeloVans accepts no liability for the topicality, correctness and completeness of this content.
3. obligations of the carriers / transport commissioners
3.1 General obligations of carriers
The carrier is obliged to take the necessary legal precautions to ensure that the carriage complies with the applicable laws and the provisions of these General Conditions. In particular, the carrier shall comply with the following provisions:
3.1.1 The transport of live animals, perishable goods of all kinds, pharmacy and prescription articles, drugs and narcotics of all kinds, weapons and weapons accessories as well as stolen goods is prohibited.
3.1.2 The carriage of dangerous goods within the meaning of the Transport of Dangerous Goods Act and of hazardous waste and hazardous substances within the meaning of the Waste Management Act is prohibited. Dangerous goods are substances, objects, preparations or wastes which have at least one of the properties classified as dangerous according to the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), such as explosive, gaseous, flammable, oxidising, toxic, infectious, corrosive or radioactive.
3.1.3 Carriers shall ensure that transport is carried out properly and that all applicable laws, rules and regulations are complied with.
3.1.4 Carriers must hold a valid driving licence (corresponding to the required licence category);
3.1.5 Carriers may only carry out transport using a vehicle which is their property or which has been expressly made available to them for use;
3.1.6 Carriers may only use motor vehicles for transport that are in technically perfect condition, have a valid TÜV certificate and are covered by valid liability insurance;
3.1.7 Carriers shall only carry out transport in running order;
3.1.8 Carriers shall secure the goods being carried in such a way that they cannot fall over, slip or be thrown out during evasive movements, braking or emergency braking.
3.1.9 Carriers are obliged to cover the transport with transport liability or third party insurance. Transport insurance can optionally be taken out via the VeloVans platform.
3.1.10 Carriers are obliged to check and document the condition of the goods before and after transport.
3.1.11 Carriers are obliged to inform the consignee of the handing over of the goods and, if necessary, to have the receipt of the goods confirmed in writing.
3.1.12 Carriers are obliged to accept and comply with the conditions stated on the platform.
3.2 General obligations of the transport client
The transport client is obliged to create the legal conditions to ensure that the transport complies with the legal regulations and the provisions of these GTC. In particular, the transport client shall comply with the following provisions:
3.2.1 The transport principal is obliged to provide all information required for the transport, including but not limited to the type of goods, weight, size, quantity, pick-up and delivery location and, if applicable, delivery time.
3.2.2 The transport principal is obliged to pay the agreed transport charge as soon as (depending on the agreement) the goods have been safely handed over to the consignee.
3.2.3 The transport principal is obliged to ensure that the goods are ready for transport and available for collection by the carrier.
3.2.4 The transport customer is obliged to ensure that the goods are packed safely and properly.
3.2.5 The transport principal is obliged to inform the carrier of any special transport needs or restrictions.
4.Liability
4.1 VeloVans does not assume any liability for the topicality, correctness and completeness of the contents on www.velovans.com, despite careful control of the contents. In particular, VeloVans is not responsible for the availability and/or deletion of a user's advertisement on the Internet at any given time.
4.2 As a service provider in the sense of § 7 para. 2 of the German Telemedia Act (Telemediengesetz), VeloVans is not obliged to monitor stored, transmitted or made accessible information or to check it for its illegality. VeloVans is not responsible for the information entered by the user and its transmission to third parties, insofar as VeloVans does not initiate the transmission, does not select the addressee and does not select or change the information. This includes a short-term automatic intermediate storage of the transmitted information, provided that this only serves the purpose of carrying out the transmission in the communication network and the information is not stored beyond the usual period for the transmission.
4.3 VeloVans shall not be liable for any temporary intermediate storage of information entered by a User and transmitted by the User in a communication network, which is solely intended to make the transmission of information more efficient, provided VeloVans
4.3.1 the information is not changed
4.3.2 complies with the conditions for access to the information
4.3.3 complies with the rules for updating information
4.3.4 does not interfere with the permissible technologies for collecting data on the use of the information
4.3.5 immediately removes or blocks access to the stored information in response to a blocking or removal order.
4.4 VeloVans is not liable for claims arising from contractual agreements between Users. In particular, VeloVans is not liable for transport damage, loss of goods or any other direct, indirect or other damage arising from agreements between Users (e.g. loss of profit, loss of data or financial loss). VeloVans accepts no liability for any damage or loss arising in connection with the use of the transport services. Except in the case of injury to life, body or health of the User, VeloVans' liability is limited to intent and gross negligence. VeloVans assumes no liability for the services provided by third parties in connection with the Platform and is neither liable for a specific success nor for the enforceability of a contract concluded via the Platform.
4.5 The user is responsible for the content of his registration, messages, advertisements, photos and documents. The user undertakes to indemnify VeloVans against all damages and claims arising in connection with claims. The user is not permitted to systematically read the content or information of other users.
4.6 The user further undertakes not to misuse the services of www.velovans.com and in particular not to disseminate any immoral, obscene, pornographic or violence-glorifying content.
5. copyrights and neighbouring rights
5.1 The user is obliged to use the platform only within the framework of the applicable legal and contractual provisions and not to infringe any third-party rights. In particular, the user undertakes not to use, edit, distort, delete or make unrecognisable any copyright, competition, trademark or other rights of third parties without their consent.
5.2 The User expressly acknowledges that the copyrights and ancillary copyrights to the entire appearance as well as to parts of the Advertisements posted by third parties and other content published on VeloVans (texts, trademarks, photos, databases, layout, etc.) are held exclusively by VeloVans or other third parties.
5.3 By placing an Advertisement, the User grants VeloVans the exclusive and transferable right of use to distribute, modify, edit, publish or make publicly available such content within VeloVans and its partner and group media without any time or place restrictions. This granting of rights also includes the right of VeloVans to use the advertisement for its own advertising purposes.
6. data protection
VeloVans collects and processes personal data such as names, addresses and e-mail addresses only within the framework of the implementation of the contractual relationship described here and the associated legal obligations (e.g. tax retention periods). You can find more information on data processing in the data protection regulations at the URL www.velovans.com/datenschutz.
7 Termination of the contractual relationship
7.1 The User has the right to terminate the contractual relationship regarding the use of the platform provided by VeloVans at any time with immediate effect. For this purpose, he may either delete his own user account or send an informal e-mail to the address info@velovans.com.
7.2 VeloVans reserves the right to terminate the contractual relationship without notice at any time for good cause. An important reason is any not insignificant breach of duty by the User, in particular a breach of these GTC. Legal rights of termination remain unaffected.
7.3 The contractual relationship ends automatically if VeloVans discontinues the platform provided.
7.4 VeloVans reserves the right to amend or supplement these General Terms and Conditions at any time if this is necessary due to legal requirements, changes in supreme court rulings, changes in market conditions or to eliminate doubts of interpretation. The amendments or supplements may in particular consist of the imposition of new or additional provisions or conditions. The changes or amendments shall be communicated to the user in a notice. If the user does not object to the amendments or supplements in writing within thirty days of receipt of the notification, the amendments or supplements shall become legally binding after two months.
7.5 Amendments or supplements must in any case be made in writing. Verbal subsidiary agreements do not exist.
8 Choice of law and place of jurisdiction
8.1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.2 To the extent permissible, the court with subject-matter jurisdiction in Dresden is agreed as the place of jurisdiction for all disputes arising from or in connection with these GTC.
9. out-of-court dispute resolution
9.1 In the event of disputes with VeloVans, the User is free to use the European Commission's Internet platform for out-of-court dispute resolution (accessible at https://webgate.ec.europa.eu/odr).
9.2 The platform is used for the out-of-court settlement of disputes regarding contractual obligations. If the User is a consumer, he has the option of calling an impartial arbitration board via this platform. VeloVans is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. other provisions
Should any provision of these GTC be legally invalid, unenforceable or void for any reason, this shall not affect the validity and enforceability of the remaining provisions. Instead, the parties shall be deemed to have agreed on a valid provision that comes as close as possible to the economic intentions of the parties.
