General Terms and Conditions: “FichtelFlexi”
Preamble
These General Terms and Conditions (“GTC”) of the District of Wunsiedel i. F., Jean-Paul-Straße 9, 95432 Wunsiedel, (hereinafter “District of Wunsiedel”) apply to the use of the FichtelFlexi software (“FichtelFlexi app”) through which the passenger transport services (“transport service”) offered by the transport company Mietauto Licha (“Mietauto Licha”) in the area of the town of Selb, the municipality of Schönwald and the town of Rehau by car (hereinafter “FichtelFlexi”) can be booked. A separate passenger transportation contract is concluded between the passenger and Mietauto Licha for the use of the transportation services offered by Mietauto Licha by means of the FichtelFlexi. Reference is made to the General Terms and Conditions that apply upon conclusion of the passenger transportation contract (“FichtelFlexi GTCs”) (https://freiraum-fichtelgebirge.de/fichtelflexi-agb/).
§ 1 Subject matter of the contract
(1) The District of Wunsiedel offers the user of FichtelFlexis (“User”) the use of the app subject to the User’s registration in accordance with Section 2 of these GTC:
- Registration of the User in accordance with Section 2 of these GTC,
- the availability of the FichtelFlexi app and
- the availability of the FichtelFlexi.
(2) The transportation service can only be ordered via the FichtelFlexi app and by telephone. The FichtelFlexi app is provided for the iOS and Android operating systems and can be downloaded and used via internet-enabled mobile devices (e.g. smartphones or tablet PCs) in the respective app stores. Installation and configuration services are not owed by the district of Wunsiedel.
- The transport service is provided by the transport company Mietauto Licha, Rupprechtstr. 4, 95100 Selb, which has the necessary permits to provide the transport service. All drivers are in possession of a driving license for passenger transport in accordance with § 48 of the Driving License Ordinance, insofar as this is required by law. A separate passenger transportation contract is concluded between the passenger and Mietauto Licha for the use of the transportation services offered by Mietauto Licha by means of the FichtelFlexis.
§2 Registrierung / Konto des Nutzers
(1) Registration in the FichtelFlexi app and use of the FichtelFlexi app are free of charge for the user. Costs for data transmission when using the FichtelFlexi app shall be borne by the user.
(2) To register in the FichtelFlexi app, the user must enter their first name, surname, email address and a password of their choice in an electronic form using the app. The user is obliged to provide truthful and complete information. They must keep the data stored in the FichtelFlexi app up to date at all times.
(3) Registration takes place by submitting the electronic form using the FichtelFlexi app. Registration requires that the user agrees to these GTC and the privacy policy available at https://freiraum-fichtelgebirge.de/fichtelflexi-datenschutzerklaerung/. The user will receive a registration confirmation email sent to the email address provided during registration. This confirmation email contains a link that the user must click on to confirm their registration request. After clicking on the link, a user account (“account”) will be provided in the FichtelFlexi app. The user can access this account by entering their e-mail address and their chosen password (“access data”).
(4) The district of Wunsiedel reserves the right to refuse to open an account if there is a justified reason to assume that the data required in accordance with paragraph 4 is not correct or if there is concrete reason to assume that the user will not behave in accordance with the contract.
(5) If there are concrete indications that a user is in breach of an obligation arising from these GTC or – since the use of the FichtelFlexi app and the FichtelFlexi transportation service are inextricably linked (see §1 para. 1) – repeatedly breaches the obligation to comply with the conditions of carriage in accordance with § 7 of the FichtelFlexi GTC https://freiraum-fichtelgebirge.de/fichtelflexi-agb/ or breaches applicable law, the district of Wunsiedel is entitled to block the user’s account immediately, unless the breach is only minor or is not attributable to the user. The blocking and the reasons for the blocking will be communicated to the user by the district of Wunsiedel by electronic declaration to the e-mail address provided by the user during registration. As soon as the user ceases the infringement and the district of Wunsiedel becomes aware of this, the block will be lifted.
(6) If the user does not cease a not merely insignificant violation of these GTC or applicable law attributable to him/her despite a warning with a deadline set by the District of Wunsiedel, the District of Wunsiedel shall be entitled to terminate the user’s account after the unsuccessful expiry of the deadline without observing a further deadline in text form by electronic declaration to the e-mail address provided by the user during registration.
(7) The user is entitled to terminate his account at any time without notice in text form by electronic declaration to mobilität@landkreis-wunsiedel.de
(8) After termination of the account by the user or by the district of Wunsiedel, the data stored by the user will be deleted by the district of Wunsiedel within a reasonable period of time. The termination of the account has no influence on existing passenger transportation contracts.
§ 3 Availability of the FichtelFlexi app
(1) The user is not entitled to the FichtelFlexi app being available at all times. However, the district of Wunsiedel shall endeavor to rectify any faults as quickly as possible.
(2) The district of Wunsiedel also has the right to temporarily or permanently discontinue the FichtelFlexi app at any time for good cause, in particular for maintenance, security or capacity reasons. Existing transportation contracts remain unaffected by this. If the FichtelFlexi app is permanently discontinued, Section 2 (8) shall apply accordingly.
§ 4 Pflichten des Nutzers in Bezug auf die FichtelFlexi-App
(1) The user must keep his access data safe and may not disclose it to third parties or otherwise allow them access to his account. The user must inform the district of Wunsiedel immediately of any unauthorized use by third parties.
(2) The user must use the FichtelFlexi app in such a way that no impairment or damage to the FichtelFlexi app occurs and the purpose pursued with the FichtelFlexi app is not jeopardized. The user shall not circumvent or modify the security precautions of the FichtelFlexi app himself or through third parties.
(3) The user is responsible for internet access, the technical requirements and the configuration and performance of their mobile end device for using the FichtelFlexi app and for ensuring that the required software and operating systems are up to date. The functionality of the app with older operating systems cannot be guaranteed.
§ 5 Copyright rights of use to the FichtelFlexi app
(1) The user receives a non-exclusive, non-transferable and non-sublicensable right to use the FichtelFlexi app in accordance with these GTC, limited in time to the duration of the installation of the FichtelFlexi app.
(2) The contractual use is limited to the installation of the FichtelFlexi app on a system in the direct possession of the user, a reproduction that is necessary for loading, displaying, saving and running the installed FichtelFlexi app and to the right to make a backup copy of the FichtelFlexi app by a person authorized to do so in accordance with Section 69d (2) UrhG.
(3) The user is only entitled to edit or decompile the FichtelFlexi app if this is permitted by law and only insofar as the information required for this is not made available by the District of Wunsiedel at the user’s request.
(4) The user is not permitted to sell, lend, rent or otherwise sublicense the FichtelFlexi app or to publicly reproduce or make the FichtelFlexi app accessible.
(5) If and insofar as the FichtelFlexi app contains “open source software”, the user shall receive rights of use in deviation from paragraphs 1-4 in accordance with the relevant license conditions for this software. Both parties undertake to comply with these license conditions.
(6) The user shall not be granted any further rights of use and exploitation of the FichtelFlexi app.
(7) If the user violates any of the above provisions, all rights of use granted under this agreement shall become invalid. In this case, the user must immediately and completely stop using the FichtelFlexi app and delete all copies of the FichtelFlexi app installed on his systems and any backup copies made or hand them over to the district of Wunsiedel. Upon request, the user shall confirm in writing to the district of Wunsiedel that he has irrevocably deleted all installations of the FichtelFlexi app from his systems or the systems of third parties.
(8) If the District of Wunsiedel is entitled to block the user’s account immediately and to terminate the user’s account without notice in text form by electronic declaration to the e-mail address provided by the user during registration, the user shall be entitled to terminate the FichtelFlexi App. § Section 2 (8) shall apply accordingly.
§ 6 Liability
(1) The District of Wunsiedel shall be liable without limitation for gross negligence or willful misconduct on the part of the District of Wunsiedel, its legal representatives or vicarious agents for damages caused by the use of the FichtelFlexi app. The district of Wunsiedel shall also be liable without limitation for damages resulting from culpable, i.e. intentional or negligent, injury to life, limb or health and for damages under the Product Liability Act.
(2) The District of Wunsiedel shall only be liable in cases of simple negligence in the event of a breach of essential contractual obligations, the breach of which jeopardizes the purpose of the contract and on the fulfilment of which the user was particularly entitled to rely. This liability is limited to compensation for damages that were typically foreseeable at the time the contract was concluded.
(3) The above limitations of liability shall also apply in favor of the legal representatives and employees of the District of Wunsiedel and shall also apply in the case of pre-contractual and tortious liabilit
(4) The District of Wunsiedel shall not be liable for ensuring that the information provided to the user is correct and complete and reaches the user in good time.
(5) In the event of data loss, the liability of the District of Wunsiedel is limited to the reimbursement of costs incurred for the recovery of data from electronic backup media. The user’s obligation to regularly back up data in accordance with the state of the art remains unaffected.
(6) The District of Wunsiedel accepts no liability for the accuracy or completeness of data provided by third parties.
(7) Any claims arising from the transportation service arranged via the FichtelFlexi app relate exclusively to the relationship between the user and Mietauto Licha; the district of Wunsiedel expressly assumes no liability for this.
§ 7 Transportation services
§ 7 a Ordering the transportation service via app
(1) The transportation service is ordered via the user’s account. The user enters the desired departure and destination in the corresponding search mask.
(2) In order to use the transportation service, the user must have their current location determined automatically by activating a location service or enter their location manually in the FichtelFlexi app and enter this location as the departure point. The information in the privacy policy available at https://freiraum-fichtelgebirge.de/fichtelflexi-datenschutzerklaerung/ applies accordingly to the location determination.
(3) After entering the destination, the FichtelFlexi app displays the vehicles available on the route searched for, the estimated time of pick-up, the cost of transportation and the estimated journey time for the desired route. On this basis, the user can book a FichtelFlexi, for which information about the ordered driver and possibly the vehicle (name of the driver, model and license plate number of the vehicle) is displayed in the FichtelFlexi app.
(4) The travel time to the destination shown when ordering is an estimate based on the current traffic situation and the maximum possible travel time, including any detours to pick up additional passengers. As the traffic situation can change at any time (e.g. due to accidents, traffic jams), the estimated journey time may differ from the actual journey time.
(5) The estimated time of arrival displayed after booking is based on the current traffic situation, but may be delayed due to the acceptance of additional passengers.
(6) The number of persons to be transported must be stated when the booking is made. Please note that children under the age of 12 with a height of less than 1.50 meters may only be transported in the FichtelFlexi with a restraining device (child seat)
(7) By pressing the “order” button, the user and any persons to be transported (§7a para. 5) – in each case – reserve a chargeable transport service to be provided by means of the FichtelFlexi (i.e. the booked journey with the FichtelFlexi); for the actual use of the transport services offered by Mietauto Licha by means of the FichtelFlexi, a separate passenger transport contract is concluded between the passenger and Mietauto Licha at the start of the journey. Reference is made to the General Terms and Conditions, which apply upon conclusion of the passenger transportation contract (“FichtelFlexiAGB”) (https://freiraum-fichtelgebirge.de/fichtelflexi-agb/)
(8) The following information of the user is transmitted to the driver: Name, place of departure, destination, number of persons to be transported. The user has the option of being informed of the arrival of the ordered FichtelFlexi via push notification.
(9) Once the FichtelFlexi has been ordered, it is not possible to change the destination. However, the user can terminate the journey prematurely at any time on the way to the agreed destination and leave the vehicle. The driver will decide on a suitable place for an early exit. The user acknowledges that he/she is not entitled to a refund of the transportation charge if the journey is terminated prematurely. The order can be revoked until the time of collection by the FichtelFlexi.
§ 7b Ordering the transportation service (telephone)
(1) Passengers can book a journey via a dispatcher or booking assistant by calling from a landline.
(2) In the first step, the booking assistant enters the following information:
- the passenger’s first name (the last name is optional)
- the place of departure
- the destination
- the number of passengers
(3) After the journey has been requested by the booking assistant, the passenger receives detailed information about the journey for confirmation (estimated time of pick-up, the cost of transportation and the estimated journey time for the desired route).
(4) The travel time to the destination stated in the order is an estimate based on the current traffic situation and the maximum possible travel time, including any detours to pick up additional passengers. As the traffic situation can change at any time (e.g. due to accidents, traffic jams), the estimated journey time may differ from the actual journey time.
(5) The number of persons to be transported must be specified when ordering. Please note that children under the age of 12 with a height of less than 1.50 meters may only be transported in the FichtelFlexi with a restraining device (child seat).
(4) The travel time to the destination stated in the order is an estimate based on the current traffic situation and the maximum possible travel time, including any detours to pick up additional passengers. As the traffic situation can change at any time (e.g. due to accidents, traffic jams), the estimated journey time may differ from the actual journey time.
(5) The number of persons to be transported must be specified when ordering. Please note that children under the age of 12 with a height of less than 1.50 meters may only be transported in the FichtelFlexi with a restraining device (child seat).
(6) Once the departure and destination locations have been adequately described by the name and code of the stop and confirmation has been given by the passenger, the booking assistant can make the booking. The user and any passengers to be transported (§ 7a Para. 5) are thereby reserved – in each case – a chargeable transportation service to be provided by means of a FichtelFlexi (i.e. the booked journey with the FichtelFlexi); for the actual use of the transportation services offered by Mietauto Licha by means of the FichtelFlexi, a separate passenger transportation contract is concluded between the passenger and Mietauto Licha at the start of the journey. Reference is made to the General Terms and Conditions that apply upon conclusion of the passenger transportation contract (“FichtelFlexi ”) (https://freiraum-fichtelgebirge.de/fichtelflexi-agb/)
(7) The following passenger information is transmitted to the driver: Name, place of departure, destination. The passenger receives the name of the driver, model and license plate number of the vehicle.
(8) Once the FichtelFlexi has been ordered, it is not possible to change the destination. However, the passenger can end the journey prematurely at any time on the way to the agreed destination and leave the vehicle. The driver will decide on a suitable place for an early exit. The user acknowledges that he/she is not entitled to a refund of the fare if the journey is terminated prematurely. The order can be revoked until the time of collection by the FichtelFlexi.
Schlussbestimmungen
§ 8 Amendment of the GTC
(1) The District of Wunsiedel has the right to amend these GTC. The intended changes will be announced in good time on the website and in the FichtelFlexi app. If the customer does not object to these changes within the one-month notice period, they shall be deemed approved upon expiry of the notice period. The same shall apply in the event that the user continues to use the FichtelFlexi app after expiry of the notice period. The user shall be informed of this legal consequence and of the date on which the notice period expires in the notice of change. Mietauto Licha is entitled to a corresponding right of amendment with regard to the FichtelFlexi GTC; in this respect, reference is made to § 9 of the FichtelFlexi GTC (https://freiraum-fichtelgebirge.de/fichtelflexi-agb/)
(2) If a user objects to a change in the terms of use, the district of Wunsiedel may terminate the user’s account within a period of one month, beginning at the end of the day on which the objection is made.
§ 9 Other provisions
(1) Supplements or ancillary agreements to these GTC must be made in writing to be effective, unless these GTC provide otherwise. This also applies to the waiver of this written form requirement.
(2) The legal relationship between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Last updated on 25.05.2023
Landkreis Wunsiedel im Fichtelgebirge
Jean-Paul-Straße 9
95432 Wunsiedel
Telefon: +49 9232/80500
Email-Adresse: mobilität@landkreis-wunsiedel.de