GTC Customer

Terms and Conditions of Service

 

Welcome to BikeMessenger24!

Thank you for visiting our website (hereinafter referred to as the "Portal") and for your interest in our services. The use of the Portal requires that you agree to these Terms and Conditions of Service (hereinafter referred to as the "Terms"). Please read them carefully before using the Portal. By accessing and using the Portal, you acknowledge and agree to be bound by these Terms. Below, we provide important information regarding the use of our Portal.

 

General Information and Scope

These Terms apply to all contracts between Martin Hawel, BikeMessenger24, Radlkoferstraße 2, 81373 Munich, Germany, Tel: +49 (0) 176 – 42006699, Email: mail@bikemessenger24.com, Website: [https://bikemessenger24.com/](https://bikemessenger24.com/), VAT ID: DE321209936 (hereinafter referred to as "BikeMessenger24") and the users (hereinafter referred to as "Customers", collectively referred to as the "Parties") of the services provided by BikeMessenger24.

These Terms apply to both consumers and businesses, unless a specific clause distinguishes between the two. According to Section 13 of the German Civil Code (BGB), a "consumer" is any natural person who enters into a legal transaction for purposes that are primarily outside their commercial or professional activities. A "business" is defined under Section 14 BGB as a natural or legal person, or a legally capable partnership, who acts in the course of their commercial or independent professional activity when entering into a legal transaction.

For the purposes of these Terms, "businesses" also include public authorities, corporations, foundations, public-law institutions, or other entities acting exclusively in a private-law capacity.

The Terms of BikeMessenger24 shall exclusively apply. Any deviating, conflicting, or supplementary terms and conditions of the customer will only become part of the contract to the extent that BikeMessenger24 has explicitly agreed to their validity.

 

Scope of the Agreement

BikeMessenger24 provides Customers with access to an online platform for connecting with independent couriers or courier hubs (hereinafter referred to as "Couriers") for the paid collection, transportation, and delivery (hereinafter referred to as "Transport") of legally permissible goods and shipments. These shipments may be carried by bicycle, cargo bike, scooter, motor vehicle, or van.

The Customer may directly contact the respective Courier through the BikeMessenger24 Portal, without the involvement of additional intermediary agencies. Therefore, the subject of this agreement is solely the mediation of Couriers and the courier services they offer.

Unless otherwise agreed between the Customer and the Courier, the transport of persons, money, narcotics under Section 1 (1) of the German Narcotics Act (BtMG), age-restricted goods (e.g., alcoholic beverages, tobacco products, nicotine-containing e-liquids, age-restricted media, weapons as defined by Section 1 (2) of the Weapons Act), or dangerous goods as defined by Section 2 of the German Hazardous Goods Ordinance (GGBefG) is excluded from this agreement.

Moreover, unless otherwise agreed, the proper and safe packing and unpacking of goods and shipments for transportation is not part of this agreement.

BikeMessenger24 does not itself provide courier services and is therefore not a party to the contracts between the Customer and the respective Courier. BikeMessenger24 does not guarantee the mediation or initiation of any contractual relationships. BikeMessenger24 acts solely as an intermediary. The execution of contracts is governed exclusively by the legal provisions between the Customer and the respective Courier, and may be subject to the General German Forwarding Conditions (ADSp 2017) and/or any differing contractual terms of the Courier. If BikeMessenger24 is not also the service provider, it is not liable for the proper execution of any contracts between Customers and Couriers.

 

Services and Profile Usage

Through the BikeMessenger24 Portal, the Customer can contact independent Couriers and hire them for paid courier services. This requires the Customer to provide all necessary and accurate information as required by the input form on the BikeMessenger24 Portal. Once BikeMessenger24’s system identifies the nearest available Courier, forwards the Customer’s request to the Courier, and the Courier accepts the order, the Customer can track the Courier’s service delivery in real-time via the 24-hour live radar.

The specific graphic and functional design of the contractual usage options, as well as the expansion or adaptation of these features with additional paid services, is at the discretion of BikeMessenger24. BikeMessenger24 reserves the right to modify, expand, or adapt the features of the Portal at any time while maintaining the agreed-upon usage options.

The Portal is available to the Customer at least 99.0% of the time on an annual average. Unavoidable, unforeseeable, and extraordinary events that may lead to the unavailability of the Portal, such as power or hosting outages, hacking incidents, or failures in telecommunications from the handover point to the internet, will not be counted towards the minimum availability.

BikeMessenger24 is entitled to engage third-party subcontractors for the performance of the contractual services.

 

Conclusion of the Contract – Terms of Use Agreement

The presentation and advertisement of services on the BikeMessenger24 Portal constitute a binding offer from BikeMessenger24 for the conclusion of a Terms of Use agreement.

The Customer may accept BikeMessenger24's binding offer by completing the integrated online booking form and then clicking on the checkboxes for "AGB" ("By checking this box, I confirm that I have read and accept the General Terms and Conditions") and "Privacy Policy" ("I have read the Privacy Policy. I consent to the collection and storage of my personal data for the purpose of registration and creation of a user account. I can revoke my consent at any time for the future via email to widerruf@bikemessenger24.de"). By doing so, the contract is concluded between the Customer and BikeMessenger24. Before submitting the binding order to the Courier, the Customer may review and modify the entered data at any time using standard keyboard and mouse functions. BikeMessenger24 will immediately send a confirmation to the Customer via email after submitting the order.

BikeMessenger24 will store the contractual terms, including the Terms and Conditions, in compliance with data protection regulations and will send these to the Customer in text form (via email) after the order is submitted. No further access to the contract text will be provided by BikeMessenger24.

The conclusion of the contract will be in German language only.

The Customer is responsible for ensuring that the email address provided for ordering a Courier is accurate, so that emails from BikeMessenger24 or the respective Courier can be received. The Customer must also ensure that emails from BikeMessenger24 or the third parties involved in processing the order, or from the respective Courier, are deliverable, especially when using spam filters.

 

General Duties of the Customer

The Customer may only use the services for the private or business purposes defined in the contract and may not use the Portal for any other purpose without the express permission of BikeMessenger24. Any abuse of the service beyond these purposes is prohibited.

The Customer is obligated to deliver the goods and shipments to the Courier in packaging suitable for transport. If goods or shipments require special handling (e.g., fragile items), the need for careful handling must be clearly marked on the packaging. The recipient's address is not required to be on the packaging.

The Customer must cooperate in the investigation of third-party attacks on the Portal, as long as such cooperation is necessary.

The Customer must refrain from any actions that could damage or excessively burden the operation of the Portal or its technical infrastructure. This includes, but is not limited to:

- Using software, scripts, or databases in connection with the use of the Portal;
- Automatically reading, blocking, overwriting, modifying, copying data or other content, unless necessary for the proper use of the Portal.

The Customer must ensure that the information and data transmitted through the Portal are free from viruses, worms, or Trojan horses.

Furthermore, using third-party identities is prohibited and will be considered an abuse of the Portal.

If the Customer notices any disruptions in the use of the Portal or its functionalities, they must immediately notify BikeMessenger24. The same applies if the Customer receives information about content published by third parties that violates applicable law or the rights of others.

 

Courier Compensation and Payment Terms

The use of the BikeMessenger24 Portal is free of charge.

The Customer is obligated to pay the agreed compensation for the Courier’s services via the payment system of the Portal to BikeMessenger24, as the authorized payment collector. The Courier's services are compensated based on the effort involved. Unless otherwise specified in the Customer’s order, the quoted compensation is the total price. The compensation is quoted in EUR and includes VAT at the applicable rate at the time of invoicing.

Payment processing between the Customer and the Courier is handled via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Through the Stripe payment service, BikeMessenger24 offers various payment methods to the Customer. The available payment methods provided by Stripe will be communicated to the Customer on the BikeMessenger24 website. Stripe may use other payment services to process payments, which may have additional terms and conditions, which the Customer may be separately notified of. More information on Stripe can be found at [Stripe Payment Methods Guide](https://stripe.com/de/payments/payment-methods-guide#zahlungsarten) or [Stripe Payment Terms](https://stripe.com/payment-terms/legal).

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Support

BikeMessenger24 will respond to Customer inquiries regarding the use of the services either by phone or in writing (via email) upon receipt of the query.

Usage Rights

BikeMessenger24 grants the Customer a simple, revocable, non-transferable, and non-exclusive right to use the Portal to the extent necessary for the use of the Portal under these Terms of Use. Commercial or other exploitation of BikeMessenger24’s services is not permitted.

All rights to the content on the Portal are held by BikeMessenger24. The Customer is prohibited from copying, distributing, and/or publishing content provided by BikeMessenger24 on the Portal.

 

Liability and Indemnification

BikeMessenger24, its legal representatives, and vicarious agents are fully liable:

- In cases of intent or gross negligence;
- In cases of intentional or negligent injury to life, body, or health;
- In cases of warranty promises, provided agreed between the parties;
- To the extent the Product Liability Act applies.

In cases of breach of essential contractual obligations, liability for simple negligence is limited to the foreseeable, contract-typical damage, unless there is unlimited liability under Section 9.1. Essential contractual obligations are those obligations that the contract of BikeMessenger24 imposes in order to achieve the contract's purpose, whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer is regularly entitled to rely (so-called cardinal duties).

Otherwise, BikeMessenger24’s liability is excluded.

For the liability related to the Courier services, Section 2.4 of these Terms applies. BikeMessenger24 is not a party to the contracts between Customers and Couriers and is not liable for any damages arising during a courier delivery.

The Customer shall indemnify BikeMessenger24 and its employees or agents from any claims by third parties in the event of alleged or actual legal violations and/or violations of third-party rights caused by the Customer's actions in connection with the use of the Portal, unless BikeMessenger24 is primarily responsible for the claims and liability. The Customer is also obligated to cover any costs that BikeMessenger24 incurs due to claims by third parties, including reasonable legal defense costs.

 

Personal Data, Privacy, and Copyrights

The Customer agrees to the storage of their personal data entered on the Portal. This includes the IP addresses transmitted with each use of the Portal. The Customer also agrees to the display of their personal data in the order form within the Portal for the Couriers. Further details are provided in BikeMessenger24's Privacy Policy.

The use of the Portal necessitates the collection, processing, and use of personal data by BikeMessenger24. BikeMessenger24 assures that all stored data will be handled carefully and processed only in accordance with the customer’s data protection consents. Any further use of personal data will occur only if it is legally permitted or the Customer has granted prior consent.

The Customer further agrees that BikeMessenger24 may use their personal data for direct marketing purposes, including advertising contact by email.

If BikeMessenger24 processes personal data on behalf of the Customer as part of providing services, both parties will enter into a standard data processing agreement pursuant to Art. 28 GDPR before processing begins.

In addition, the applicable legal data protection provisions, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the Telemedia Act (TMG), apply.

 

Alternative Dispute Resolution

The EU Commission provides an online platform for dispute resolution at the following link: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr). This platform serves as a point of contact for out-of-court resolution of disputes from online purchase or service contracts involving a consumer.

BikeMessenger24 is neither obligated nor willing to participate in dispute resolution procedures before a consumer dispute resolution body/omnibus dispute resolution body.

 

Final Provisions

These Terms and the contractual relationship between the parties are governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer resides.

If the Customer is a merchant as defined by the German Commercial Code (HGB), an entrepreneur under § 14 BGB, a legal entity under public law, or a special public-law asset, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of BikeMessenger24. BikeMessenger24 is also entitled to file claims at the place of performance of the contractual obligations under these Terms or any prevailing individual agreement, or at the Customer's general place of jurisdiction. Mandatory statutory provisions, especially regarding exclusive jurisdiction, remain unaffected.

 

Version: 26.10.2021