Terms and Conditions

1. These terms and conditions govern the legal relationships regarding the use of the platform and the associated app. Flexxy GmbH is a software company that develops innovative, environmentally friendly and sustainable technologies. FlexxyDrive connects providers (hereinafter "Drivers") and users (hereinafter "Passengers") for efficient shared rides. The goal is to make flexible transportation options accessible to everyone.

2. Flexxy GmbH is not itself a provider of the content posted by drivers on the platform and app, but merely provides a technical service in the form of the platform and app to bring together potential drivers with passengers and enable a contract exclusively between them. Flexxy GmbH acts only as an intermediary, in particular no transportation service is provided by Flexxy GmbH. Against this background, Flexxy GmbH is not responsible for ensuring that agreed rides take place and/or that other agreements between drivers and passengers are adhered to. Flexxy GmbH never becomes a contracting party.

3. For the conclusion of contracts for rides, only the contractually agreed conditions between driver and passenger apply.

4. In case of changes to these terms and conditions or other user-related updates, additions or changes, FlexxyDrive informs users by email or through an in-app message.

1. Before using the platform and app, each driver and passenger must first register by providing the required information (first and last name, address, email address, phone number). Use and registration is possible for persons aged 18 and over. Drivers and passengers commit to providing truthful and complete information during registration and to update it as needed. Updating data in one's own user profile is possible at any time. To register on the platform, these terms and conditions must be actively accepted.

2. After successful registration, drivers can enter the rides they offer by entering details such as date, route, available seats, price.

3. Passengers can search for desired rides and publish their own requests and directly contact drivers. Drivers can view these requests and respond by offering a price or accepting the suggested fare. The system shows available drivers to passengers based on two parameters: (a) drivers who have previously posted a similar route, or (b) drivers who are currently active and located near the passenger's pickup location and ready to accept incoming ride requests.

4. FlexxyDrive is entitled to verify the data provided during registration. However, FlexxyDrive assumes no guarantee for the accuracy or validity of data subject to the verification process or other information.

5. FlexxyDrive is entitled to prohibit individual drivers or passengers from using the service and, for example, to block existing offers and accounts if there is sufficient suspicion of violation of these terms and conditions or if, for example, racist, inciting or insulting content is published.

1. Drivers and passengers are exclusively responsible for the content of published ride offers or ride requests. In particular, drivers commit to carrying out the offered ride under the specified conditions, times and terms.

2. The driver must have a valid driver's license and liability insurance. They must be medically authorized and capable of operating the vehicle.

3. The ride may only be conducted with one's own vehicle or with one for which express permission from the owner has been granted and for which they are authorized to use for ridesharing.

4. Only the number of available seats that the vehicle is officially licensed for may be offered. All offered seats must have a functional safety belt.

5. The vehicle must be in proper operating condition according to traffic regulations, including current TÜV certification and registration.

6. The driver is a consumer within the meaning of § 13 BGB and not an entrepreneur within the meaning of § 14 BGB.

7. The driver is the sole driver of the vehicle that is the subject of the advertisement they published.

1. Both through the platform and the app, seats for rides can be offered through the corresponding system.

2. Passengers can also make a booking request on the platform or through the app. The driver can accept or decline this request. In case of acceptance, the passenger receives a binding acceptance confirmation.

3. The contractual content agreed between driver and passenger applies, in particular the passenger accepts the agreed conditions and prices.

1. The use of the platform and app is generally free of charge. However, FlexxyDrive charges a mediation fee (service fee) for successful ride mediation. This fee amounts to 12% of the fare, but at least €0.75. The amount and calculation of the service fee is displayed when making the booking request.

3. When the passenger pays by wallet or credit card, the service fee and Stripe transaction fees are added to the total price and borne by the passenger. The driver receives the agreed basic price of the ride, the service fee and Stripe fee are deducted from the driver's balance accordingly.

4. When the passenger pays with cash, the entire fare including the service fee is paid by the passenger directly to the driver. The service fee is then deducted from the driver's balance or from a future payout.

1. FlexxyDrive merely provides the platform for contract conclusion and processing of concluded contracts between driver and passenger and thus only acts as an intermediary and is not liable for claims from contracts concluded between driver and passenger via the platform or app.

2. Only the driver and passenger are liable to each other for the fulfillment of the respective concluded contracts. Likewise, only the driver is liable within the framework of applicable contractual and legal provisions for any damages, including to life, limb and health, which the passenger suffers due to the concluded contract. The contracting parties are exclusively responsible for compliance with legal provisions, reference is made to § 9 and 11 No. 3.

3. FlexxyDrive is not liable for temporary unavailability of the platform or app in the context of necessary maintenance work. Maintenance work must be announced by FlexxyDrive with 72 hours' notice. If a security threat requires more immediate action, FlexxyDrive is entitled in this case to carry out maintenance work immediately, but must explain and justify the necessity to users.

4. FlexxyDrive takes appropriate technical and organizational measures to protect user data from loss, theft or manipulation. For data loss, FlexxyDrive is liable according to the above paragraphs only if such loss could not have been avoided by appropriate data backup measures on the user's part.

5. Damage claims by drivers and passengers against FlexxyDrive regardless of the legal basis are excluded. Excluded from this exclusion are damage claims from injury to life, body, health or from negligent breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty. Essential contractual obligations are those whose fulfillment enables proper contract performance and on whose compliance contracting parties may regularly rely. The aforementioned liability limitations also apply in favor of the legal representatives and vicarious agents of FlexxyDrive when claims are made directly against them. The provisions of the Product Liability Act remain unaffected by the above provisions.

1. Users are prohibited from posting content (e.g., through links or frames) on the platform that violates legal provisions, official orders, or good morals. Furthermore, they are prohibited from posting content that violates the rights of third parties, in particular but not limited to, copyright or trademark rights.

2. FlexxyDrive does not adopt third-party content under any circumstances. Users declare that their published content does not violate copyrights, trademarks, patents, other protective rights, or trade secrets of third parties.

3. FlexxyDrive reserves the right to block third-party content if it is punishable under applicable laws or recognizably serves to prepare punishable acts.

4. If FlexxyDrive is requested by third parties to remove users' content due to alleged violations of industrial property rights, copyrights, unfair competition provisions, or other rights, FlexxyDrive has the right to immediately delete and/or block such content. The respective user will be given the opportunity to comment on the claims raised by the third party. The content will be unblocked if the third party no longer asserts its claims or if their lack of merit is established by a court order or judgment.

5. Users will indemnify FlexxyDrive against all claims that third parties assert against FlexxyDrive due to violation of their rights or due to legal violations based on offers and/or content posted by users, provided the user is responsible for these. The user also assumes the costs of FlexxyDrive's legal defense in this regard, including all court and attorney fees.

1. Drivers and passengers who offer or use cross-border trips are solely responsible for observing and complying with all applicable national and international laws, particularly customs and entry regulations.

2. It is the exclusive responsibility of drivers and passengers to maintain the necessary travel documents (e.g., passport, visa) and all required permits for cross-border travel.

3. FlexxyDrive assumes no liability for any legal claims arising in connection with cross-border trips, including but not limited to customs and entry violations, delays, or failure to grant entry permits.

1. The law of the Federal Republic of Germany applies. The application of UN sales law is excluded.

2. The exclusive place of jurisdiction for all disputes arising from or in connection with the agreements between FlexxyDrive and users is, insofar as legally permissible, the registered office of Flexxy GmbH in Essen.

3. Changes or additions to these terms and conditions are only effective if they have been concluded in writing or confirmed in writing by both parties. This also applies to the waiver of the written form requirement.

4. Should individual provisions of these terms and conditions be or become ineffective and/or contradict legal regulations, this shall not affect the effectiveness of the remaining terms and conditions. The ineffective provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the ineffective provision in a legally effective manner. The above regulation applies accordingly to regulatory gaps.