Basic Terms of Use
CargoTour offers its service to the best of its knowledge and belief. However, this does not at any time relieve you of your responsibility to drive safely and in accordance with the law. However, by using the app you accept the following basic conditions:
Priority of traffic signs: The traffic signs in the app do not replace the traffic signs along the road at any time and do not restrict them in their validity at any time. If the traffic signs on the road differ from the instructions in the app, the real traffic signs take precedence over the signs in the app at all times.
Responsible Driving: Always drive with due caution in light of current road, weather and traffic conditions in accordance with applicable rules and laws. By using the app, you acknowledge that safe and compliant traffic participation is your sole responsibility. We accept no liability or responsibility whatsoever for your conduct on the road.
Actuality of data: Although the map and traffic data are updated regularly, actual road traffic is subject to constant change. Therefore, we do not guarantee or warrant the accuracy or completeness of the information.
Online updates: Even though this app provides individual functions for offline use, an internet connection is necessary for its correct and complete range of functions. Even during navigation, data is constantly exchanged between your device and our servers, unless technically prevented by you. The availability of the internet connection and the associated costs are your sole responsibility. The resulting costs for this will be borne entirely by you.
Maps from Here: This app licenses software and maps from HERE Global B.V. and its business partners. We are not liable for the accuracy or availability of the content and services of our licensors. Any use, storage or reproduction of the content and software services outside of this app requires the explicit consent of HERE Global B.V. The HERE content is licensed on an “as is” basis. Neither we nor HERE makes any warranty or assumes any responsibility for the accuracy, completeness or availability of the Content.
§ 1 Validity of the T&Cs, Amendment of the T&Cs
1.1 CargoTour, represented by Stefan Tieß Warthestraße 55, 12051 Berlin (“We”) is a mobile application (“App”) that can be used by you as a user (“User”).
The services and performances provided within the scope of the App are provided exclusively on the basis of these General Terms and Conditions (“GTC”). These GTC are published for mobile apps during the order process of the respective app and otherwise also on the app’s web pages. They can be viewed there at any time and can be printed out.
1.2 By accepting the Terms and Conditions, we enter into a licence agreement with you. When registering your account, you as a user accept the Terms and Conditions for our services by ticking the box “I accept the Terms and Conditions” and clicking on the registration button.
1.3 We may make changes to the T&Cs and other terms and conditions with effect for the future. We will only make these changes for valid reasons, in particular due to new technical developments, extensions to our services, changes in the law or case law or other equivalent reasons. If the contractual balance between you and us is significantly disturbed by the change, the change shall not be made. Apart from that, changes require your consent. As a user, you agree to be informed of changes to the GTC by e-mail to the e-mail address last provided by you. They shall be deemed to have been approved if you do not object in writing or in text form (e.g. by e-mail or fax) within 8 weeks of receipt (“objection period”). We will separately point out this circumstance in the notification of change. As a user, we recommend that you send your objection to us in writing or by e-mail for the purpose of preserving evidence. In the latter case, it is advisable to state the name of the app and your name in the subject line.
1.4 If you, as a User, do not object to the amended TOS within the objection period or if you continue to use the Games despite receipt of the notice of amendment, the amended or supplementary TOS will be effective against you.
If you, as a user, object within the time limit, you are entitled, as we are, to terminate the licence agreement or the premium licence agreement in accordance with § 10 of these GTC and to delete the account after expiry of any notice period. Any service fees paid in advance over the termination period will be refunded to you on a pro rata basis. In the notification of the changes, we will make special reference to the possibility of objection and termination, the period of notice and the legal consequences, in particular with regard to a failure to object.
§ 2 Conclusion of contract, free licence agreement
2.1 As a User, you may enter into a contract with us for the free use of the Apps (“Licence Agreement”). You are not entitled to a Licence Agreement nor are you entitled to use the Services or the Premium Services. The Licence Agreement may be terminated by us and by you at any time without cause and the Services may be discontinued at any time without cause
2.2 We only offer our Apps to people who are at least 16 years old. Persons younger than this are not permitted to use our Apps.
2.3 The licence agreement for a free use of the Services is concluded by the receipt of the data from the registration form completed by you and sent to us and the activation of the account by us and your acceptance of these T&Cs in accordance with § 1.2. The licence agreement is free of charge.
2.4 In addition to the free licence agreement referred to in 2.3, we offer chargeable services against payment (“Premium Services”). As a user, you have the choice to use these services or not. Before using these services, you will be informed of your obligation to pay by means of a clear marking and you must expressly confirm your use. Further details and information on the Premium Services, in particular on the conclusion of the contract, on the description of the respective Premium Services, on the fee and on the revocation policy are regulated in § 8 under “Premium Licence Agreement”.
2.5 Licence agreements are concluded with Stefan Tiess, Warthestraße 55, 12051 as the contractual partner. Further information about us, in particular our contact details (fax, e-mail) are available under “Imprint” on our websites.
§ 3 Mobile Apps
3.1 The Apps are offered for free download (“Stores”) as Mobile Apps via various providers (e.g. Amazon via the App Store and Google via. Google Play Store). As a User, you can use the Mobile Apps by downloading the respective Mobile App from a Store to your end device.
3.2 The licence agreement for free use of the Mobile App is concluded by downloading the Mobile App onto your end device and your acceptance of these T&Cs in accordance with § 1.2.
3.3 In addition to the free licence agreement referred to in 3.2, you as a User can also purchase premium services from the respective store for Mobile Apps (so-called in-app purchases). You have the choice to make in-app purchases or not. You will be informed of your obligation to pay by a clear marking and must expressly confirm the use by clicking on the “Buy” field or similar.
3.4 In addition to the Terms of Use of the Stores, these GTC apply to the use of the Premium Services for which a fee is charged. Further details and information on the Premium Services, in particular on the conclusion of the contract, on the description of the respective Premium Services, on the fee and on the revocation policy are regulated in § 7 under “Premium Licence Agreement”.
3.5 Licence agreements are concluded with Stefan Tiess, Warthestraße 55, 12051 as contractual partner and not with the respective Stores. We alone and not the Stores are responsible for the licensed Mobile App and its content. Please contact us in case of complaints, claims or questions regarding the Mobile Apps. Further information about us, in particular contact details (fax, e-mail), commercial register number and names of persons authorised to represent us, can be found under “Imprint” on our websites.
3.6 You agree as a User that you will not use the Mobile App in any way that contradicts or breaches the Terms of Use and Licence or any other agreement between you and the Stores.
3.7 The relevant Stores are not responsible for providing maintenance and support with respect to the Mobile App.
3.8 Any claims by you in relation to the Paid Premium Services, including but not limited to any warranty of defects or other rights of performance, shall not be made against the Stores but against us as contractual partners. The provisions of these GTC shall apply. Regulations on warranty rights and on our scope of liability can be found under § 14 of these GTCs.
3.9 In the event that the Mobile App and/or the Licence Agreement with you, the User, infringes any third party rights, we, and not the store through which the Mobile App was downloaded, shall be solely responsible for the defence and settlement of any copyright claim.
3.10 In the case of a Mobile App downloaded via the Store, the following restriction must be observed:
You are not permitted to download the Mobile Apps if you are a resident of a country that is subject to an embargo by the United States government or that is designated by the United States government as a country that supports terrorism. Therefore, when downloading mobile apps through the Store, you, the user, represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a country that “supports terrorism”; and you are not on any U.S. government list of “prohibited or restricted parties.”
3.11 The Stores through which the Mobile Apps are purchased are third party beneficiaries of the contract between you and us and, as third party beneficiaries, are entitled to enforce that contract against you.
§ 4 Accounts
4.1 With the licence agreement you receive a user account (“Account”) as a User.
4.2 An Account can only be created within the App.
4.3 An Account is not transferable, whether for a fee or free of charge, without our express consent. Sharing accounts with more than one person is expressly prohibited.
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4.4 As a user, you undertake to keep the log-in data, passwords and access data (together “access data”) for your account secret and to inform us immediately as soon as you become aware or suspect that unauthorised third parties are aware of the access data. In this case, you will change your data or have it changed by us. In such a case, we also have the right to temporarily block your access. You are to be re-admitted as a user as soon as the suspicion of misuse of the access data by you or third parties has been dispelled at our discretion.
4.5 If a third party uses an Account because they have obtained your Access Data as a result of your fault, you will be treated as if you had acted yourself.
4.6 It is forbidden to use the account of another user.
4.7 If we suspect that access data has become known to third parties, we are entitled, but not obliged, to change the access data or to block the account without prior notice. We will inform you of this immediately and send you new access data within a reasonable period on request. Further claims by you as a result of the temporary blocking of your account or change of your access data are excluded.
4.8 Inactive Accounts may be deleted by us. The licence agreement will then automatically terminate.
§ 5 Required technical equipment
Use of the App is only possible by means of software installed locally on your computer, tablet, smartphone or other terminal device (“Terminal Device”) and an internet connection. The costs for this software and its use as well as the costs arising from the internet connection are borne by you. It is your responsibility to keep the End Device in a condition that enables you to use the Games. We do not provide any support for this.
§ 6 Content of the Service
7.1 We provide the Apps and other service offerings within our technical and operational capabilities. The App Services are open to Users who have a Licence Agreement and therefore have an Account.
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7.2 Any Apps, Services or Premium Services we offer will be revised and updated at our discretion to keep them attractive to the widest possible range of Users.
7.3 We reserve the right to discontinue the operation of the App or any part thereof without giving any reason.
7.4 In the event that incorrect offers are made to you (e.g. incorrect or faulty pricing of Premium Points), e.g. due to technical problems or due to disruption of the service by third parties or similar events, we expressly reserve the right to contest the contract, if such a contract has been concluded at all, and to reclaim the services provided to you against reimbursement of the amount paid by you, if any. The same right is available to you as a user.
§ 7 Premium Licence Agreement
7.1 The conclusion of the contract for Premium Services (“Premium Licence Agreement”) is concluded via Mobile Apps when you click on the “Pay Now” button or similar after selecting the Premium Service.
7.2 The Premium Services include in particular, but are not limited to, the use of central functions of the Apps or additional convenience features.
7.3 The contents, functions and requirements of the Premium Services at the time of the order apply, as they are shown on our websites and in the Mobile Apps as well as in the corresponding shopping baskets and were transmitted to you accordingly in the respective order confirmation.
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7.4 As a user, you can generally use the premium functions for a certain period of time. The functions are made available to you within the framework of a subscription. Unless otherwise stated in the product area, subscriptions are renewed for an identical period after expiry. You can view the current status and duration of your subscription in your user settings within the app.
7.5 Premium Services are only purchased by separate order. This does not include automatic renewals within the framework of the offer you have chosen.
7.6 You can cancel existing subscriptions at any time without giving reasons at the end of the current term. Cancellation is done via the subscription management of the respective app stores. You are not entitled to a full or partial refund of any amounts already paid. Even after termination, you may continue to use the Premium Services until the end of the contract term.
7.7 With regard to the use, the prices at the time of the order apply, as shown in the corresponding shopping baskets and transmitted in the order confirmation for the respective order. The prices include any applicable statutory value added tax.
7.8 In mobile apps, the prices apply as they are displayed via the respective stores (e.g. App Store or Google Play Store) and transmitted in the order confirmation for the respective order. The prices include any applicable statutory value added tax. In the case of mobile apps, payments are processed via the respective stores. The terms of use and payment of the stores and, in addition, these GTC shall apply. In the event of contradictions between the terms and conditions of the Stores and these Terms and Conditions, the terms and conditions of use and payment of the Stores shall take precedence.
7.9 Service fees are due in advance upon purchase of a Premium Usage.
7.10 You are not entitled as a User to any particular payment method.
7.11 In the event of a delay in payment, we are entitled to suspend our services and block the Account, irrespective of your continuing obligation to pay. No service fee will be due during this period.
7.12 We may change the prices for Premium Services at our sole discretion.
§ 8 Right of withdrawal, cancellation policy in relation to Premium Services
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Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason
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The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Stefan Tiess, Warthestrasse 55, 12051 Berlin; e-mail: info@cargotourapp.com ) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use this model withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
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If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Special note on the early expiry of the right of withdrawal:
Your right of withdrawal expires prematurely if the execution of the contract has begun before the expiry of the withdrawal period, after you, as the User, have given your express consent to this and have acknowledged that, as a result, you lose your right of withdrawal as soon as the execution of the contract begins.
§ 9 Contract term and termination
9.1 The Licence Agreement and/or the Premium Licence Agreement between you and us are entered into for an indefinite period of time, unless otherwise specified by us in the specific offer. Different terms may apply to the provision of Premium Services.
9.2 If a specific term has not been agreed for the Licence Agreement, it may be terminated at any time without the need to state reasons.
9.3 The Premium Agreement may be terminated by us with three (3) months’ ordinary notice. No reasons need to be given for the ordinary termination.
9.4 Both our and your right to terminate the Licence Agreement or the Premium Licence Agreement for cause at any time shall remain unaffected by the foregoing provisions.
9.5 For technical reasons, the final deletion of the Account and your User Data will only take place after a delay of several days.
9.6 In the event of your ordinary termination or our termination for cause, you will not be entitled to any refund of the fees paid by you when the termination becomes effective. As a user, you have the possibility to use Premium Points until the termination becomes effective, after which you are not entitled to any refund claims against us, in particular not for Premium Services not yet used. You will then also no longer have any claims for the provision of Premium Services. Furthermore, we are entitled to demand from you the total of all fees which you would still have had to pay (in particular for Premium Services already ordered). Your right to prove that no or significantly lower damages have been incurred remains unaffected.
§ 10 Security
10.1 You may not, as a User, use any mechanism, software, program or other routine that could interfere with our systems. You must not take any action that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the app or individual functions (bots, macros), for the reproduction or evaluation of the app, is not permitted.
10.2 It is forbidden to exploit bugs or errors in the programming of the App, which may represent an advantage for the User, for your own purposes and/or for the purposes of others. If you discover bugs, you will report them to us immediately. If you have made use of them, these must be reimbursed as far as possible. If bugs or errors have been deliberately exploited or made public on the Internet or via mobile applications, this may lead to termination of the licence agreement without notice and to deletion of the account.
10.3 It is prohibited to use software that enables “data mining” or otherwise collects information related to the Apps.
§ 11 Your obligations
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11.1 As a User, you warrant to us that the information you provide to us during registration and when using the Premium Services is true and complete. You undertake to inform us immediately of any changes to the data and to confirm the correctness of the data on request.
11.2 You will, as a User, refrain from doing anything that jeopardises or interferes with the operation and functioning of the App.
§ 12 Grant of rights
12.1 Mobile Apps require the installation of software on your terminal device (“Mobile App Software”). You understand as a User that all rights in the Mobile App Software and our licensors, if any, are vested in us. We make this Mobile App Software available to you and grant you the simple rights of use for private use on your end device. Furthermore, the Mobile App Software may not be reproduced or made publicly accessible on the Internet or via a network or stored on data carriers. Furthermore, editing, decompiling, disassembling and reverse engineering are prohibited. The instigation of third parties or aiding and abetting of such acts is also prohibited. This grant of rights can be revoked by us at any time without giving reasons. In this case, you as the user are obliged to delete the mobile app software from your end device. The authority to use the rights granted expires at the latest when your licence agreement expires.
12.2 In addition to § 12.1 of these GTC, the terms of use of the stores and the rights granted therein shall apply to the Mobile App. Accordingly, you, as the User, are granted the simple rights of use with respect to the downloaded Mobile Apps or the Mobile App Software for personal use on any terminal device that you own and control.
12.3 As a User, you indemnify us against all claims, including claims for damages, made by other Users or other third parties against us for infringement of their rights by your conduct and/or by content or data posted by you. You shall also reimburse us for any reasonable costs incurred by us as a result, in particular the costs incurred by us for any legal defence that may be necessary. All further rights and claims for damages on our part remain unaffected. Your above obligations do not apply if you are not responsible for the infringement in question. If the rights of third parties are infringed by your content, you will, at our discretion and at your own expense, obtain the right to use the content or make the content free of property rights. If the rights of third parties are infringed by your use of the services, you will immediately cease the use that is contrary to the contract and/or the law after being requested to do so by us.
§ 13 Accessibility
We guarantee an accessibility of the Apps of 98% on an annual average. This does not include periods of regular maintenance, inaccessibility due to force majeure, external tampering or other problems beyond our control or the control of our agents. We shall only be liable for the inaccessibility of the App insofar as intent or gross negligence is involved or due to injury to life, body or health.
§ 14 Warranty for defects and limitation of liability
14.1 The Licence Agreement gives you, the User, the right to use the App as amended from time to time. You are aware that the Apps we offer – like any software – can never be completely error-free.
14.2 Defects discovered by you must be reported immediately after discovery. For reasons of preservation of evidence, you should document this in text form (e.g. by fax, letter or e-mail) and send it to us. You will read all help pages and FAQ pages and any messages in the forums before reporting any defects.
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14.3 Excluded from the warranty are defects based on external influences, operating errors by you or force majeure.
14.4 You agree to cooperate, to the extent possible, in remedying any defects in the App.
14.5 In principle, any liability on our part is excluded and shall only take place in accordance with the following provisions. We shall only be liable for damages and reimbursement of futile expenses (“damages”) due to breach of contractual or non-contractual obligations in case of intent or gross negligence, in case of negligent or intentional injury to life, body or health, in case of negligent or intentional breach of essential contractual obligations, due to the assumption of a guarantee of quality, due to mandatory liability under the Product Liability Act as well as in the scope of application of § 44a TKG or due to other mandatory liability.
Compensation for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence, or liability exists due to injury to life, limb or health, or the assumption of a guarantee of quality, or due to product liability.
14.6 The foregoing limitations of liability in § 14.5 shall also apply with regard to the personal liability of our employees, shareholders, representatives, bodies and their members and vicarious agents.
14.7 No change in the burden of proof to your disadvantage is connected with the above provisions.
14.8 We expressly distance ourselves from the content of all pages to which there are direct or indirect references (so-called “links”) to our offer. We do not assume any liability for these contents and pages. The providers of the respective pages are responsible for the content of these pages themselves.
§ 15 Data protection
Information about the type, scope, location and purpose of the collection, processing and use with regard to the contract and the personal data required for the execution of orders, as well as for the newsletter dispatch by us, as well as your right to information and the right to correction, blocking and deletion are located in the data protection regulations.
§ 16 Out-of-court dispute resolution
16.1 For questions about the App and other enquiries, please contact us at info@cargotourapp.com
16.2 The EU Commission provides an online platform for out-of-court online dispute resolution (“ODR platform”) between consumers and online merchants. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. You can contact us via the ODR platform. As a rule, we will then contact you directly, as we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 17 Choice of law/ Place of jurisdiction
17.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict of laws.
17.2 For disputes with you, the statutory place of jurisdiction shall apply insofar as you have a general place of jurisdiction in the Federal Republic of Germany. In the event of disputes arising from legal transactions with merchants, legal entities under public law or special funds under public law, it is agreed that the exclusive place of jurisdiction for all cases shall be Hamburg.
Last update: 11 June 2021