Terms of use

What’s FlipCar?

The app FlipCar enables private persons to reserve vehicles and trips that are transferred to FlipCar by companies for dispatching and transfer purposes and to carry out the booked trips.

Status: 06.12.2019

 

Section 1: Subject

These terms of use of FlipCar App regulate the contractual relationship between FlipCar GmbH, Konsul-Smidt-Straße 24, 28217 Bremen and the user of FlipCar App. By entering the personal data (first and last name, date of birth, email & mobile phone number) and accepting these terms and conditions in the registration process, the basic agreement between the user and FlipCar GmbH is concluded.

The specific content and the extent of the respective services of the operator are determined in addition to these terms of use according to the currently available and described functionalities of the website and the app at the time of the completion of each contract. We reserve the right to change, adapt or extend the functions provided free of charge at any time and/or to discontinue the provision of free functions. Of course, we will inform you about this immediately.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

Section 2: Definitions

Operator: flipcar GmbH as provider of the mobile application “FlipCar”.

App: Mobile application “FlipCar”.

Licence partner: Companies that provide vehicles to FlipCar users for disposition and transfer purposes.

Section 3: Functionality and features of FlipCar 

1. FlipCar is a mobile application for the search and reservation of a vehicle from the license partners of FlipCar. With the help of your smartphone, available vehicles are displayed and made available for reservations. Using the information provided on availability, vehicle type, pick-up, and drop-off location and other conditions, FlipCar allows you to book a car that needs to be transported for transfer purposes. Once the reservation is successful, the vehicle must be picked up by you at the agreed location within the specified time, transferred according to the license partner’s instructions and delivered at the agreed location.

2. After you have downloaded the app from the respective “App Store”, you first create a personal user account. To create an account, you must be at least 21 years old. To register an account with FlipCar, you must provide FlipCar with certain personal information such as your full name, mobile phone number, email, password, age, and at least one valid payment method (either a credit card or an approved payment partner). You agree to ensure that your account information is accurate, complete and current. If your account information is no longer accurate, complete and current, or if the payment method provided with your account information is invalid or has expired, you may no longer be able to access or use FlipCar’s services or FlipCar may terminate the User Agreement with you. You are responsible for all activities on your account and you agree to keep your login details and password safe and confidential at all times. You may not have more than one account without the written permission of FlipCar. With the completion of the registration process and the activation of the account by the operator, a legally effective contract is concluded. 

3. The use of FlipCar requires a mobile data connection. The operator is not responsible for establishing a mobile data connection. A SIM card with a corresponding data option is required for this purpose, the content and extent of which are subject exclusively to the terms and conditions agreed with your telecommunications provider. It is recommended to choose a mobile phone tariff with sufficient data volume. You are responsible for ensuring that mobile data communication is possible and bear any data transmission costs incurred by your telecommunications provider. Receiving data packages from the Internet may incur additional costs (e.g. roaming charges) depending on your mobile phone tariff and especially when operating abroad. The mobile data connection and its performance (speed) also depend on factors that are beyond the control and influence of the operator. These include, in particular, sufficient mobile radio reception at the location of the vehicle, interference, impairment or interruption of mobile radio reception by tunnels, garages, underpasses or other disturbing influences (e.g. weather influences such as thunderstorms, disruptive devices, buildings, bridges or mountains, intensive mobile radio use in the respective radio cell, etc.).

4. A claim to use the free services of the App exists only within the scope of our technical and operational possibilities. We will continuously take all reasonable measures to ensure the continuous availability of FlipCar and to eliminate any faults as quickly as possible. In particular, due to acts of nature beyond control (e.g. weather) or due to the implementation of necessary maintenance, repair or other measures on the technical equipment of the operator or on the technical equipment of third parties that provide data, content, information or transmission capacity for the operator, unavoidable temporary disruptions or a reduction in performance (speed) may nevertheless occur. If you have any questions or problems, please contact our support team by e-mail.

5. With regard to the content and scope of so-called personal data, we refer to section 14.

Section 4: Technical requirements for using FlipCar 

In order to use FlipCar with all its functionalities, the following criteria for the hardware and software of your smartphone must be met:

1. iOS: I Phone, model 5s or later with iOS version 9.0 or later.

2. Android: Smartphone with location and acceleration sensor with API version 21 (“Lollipop”) or later.

3. If your smartphone does not meet the described specifications, FlipCar is limited or not usable at all.

Section 5: Tracking and Scoring 

With your smartphone, information about the speed, position, and acceleration of the vehicle is determined and provided for you in the app and for FlipCar. The vehicle and movement data collected during the journey are encrypted and transmitted to the operator’s server. The data is only collected and used during the active use of FlipCar. The position data is used, among other things, to determine your location for the vehicle search, to display the optimal route and to record possible deviations from the given route. The accelerations are recorded and evaluated for the evaluation of your driving style. The collected information about your driving style can only be viewed by you and the operator. Under no circumstances, we will share personal data, which only relates to the tracking and scoring of your completed rides, with third parties.

Section 6: Reservation & booking conditions

If you want to book and reserve a vehicle of a license partner, you have to consider the following points:    

1. The operator is at no time a contracting party in the contractual relationship between you and the respective license partner, but only arranges the trips and the conclusion of the contract. Reservations are subject to the availability of the respective rides and the corresponding vehicle classes. The availability and quality of the vehicles provided by license partners may vary. The respective license partner is solely responsible for the availability of the services and the proper fulfillment of the contract. The rental contract, the associated conditions (including general terms and conditions, insurance cover, liability), additional costs (including fuel costs) are determined by the license partner and may vary. The operator only transfers the first and last names for the respective reservation to the license partner. The respective rental conditions (visible in the app under the conditions of the respective ride) of the license partner thus regulate the contractual relationship between you and the license partner and must be observed. 

2. The following points must be observed, even if the essential contractual relationship between you and the license partner is regulated by the rental conditions and contractual works of the license partner:

  • Age limits may vary depending on the license partner and vehicle class. Please refer to the respective rental conditions of the license partner for further details.
  • Reservations are not transferable to other persons or other users of the FlipCar App.
  • You have a valid identity card or another valid identity document, which must be presented at the time of vehicle delivery for identification and validation of the reservation by FlipCar (the information on the identity document must be the same as the reservation)
  • You have a valid EU Class B driver’s license, which must be presented when the vehicle is handed over.
  • If a vehicle is not picked up despite a valid reservation and the associated conditions (including pick-up location, time, age limit), if you do not start or complete the trip, if the reservation period is exceeded, if the vehicle is not picked up within the agreed period or is not delivered at the intended drop-off point, FlipCar will charge a cancellation fee. The amount of the cancellation fee depends on the respective license partner and can vary. You can see how high the cancellation fee is in individual cases in the information about your trip. The cancellation fee is due when the license partner has demonstrably provided FlipCar with proof of the service you have not provided. The amount of the cancellation fee due will be charged to the payment method you specified in section 7. Counterclaim and right of retention are regulated according to section 7.4 of this contract.
Abschnitt 7: Payment

Payment for FlipCar is the FlipCar App.

1. To use FlipCar, you must provide one or more payment methods. You can update your payment methods by visiting the “Payment” page. We can also update your payment methods with the information that we receive from the payment service providers.

2. You agree to pay the prices indicated by FlipCar. The current price will be displayed in the FlipCar App before completing the reservation of a trip. These are final prices, which include the respective legally required sales tax. Payment is due upon completion of the reservation.

3. Payments are made according to the selected payment method. You are obliged to ensure that your bank account, which is used for direct debit, credit or debit advice, or any other chosen payment method, has sufficient funds. If the collected amount is debited back by the bank and you are responsible for this circumstance, you have to pay the additional bank costs incurred.

4. Against the claims of FlipCar, you can only offset if the counterclaim is undisputed, legally established or ready for decision. You can only assert a right of retention if the counterclaim is undisputed, legally established or ready for decision.

Section 8: FlipCar insurance package (retention takeover insurance)

For your protection, FlipCar has concluded a group insurance contract with BD24 Berlin Direktversicherung AG (BD24), which automatically covers you upon receipt of the vehicle reserved via FlipCar within the framework of the insurance conditions, provided that you have been charged a deductible by the license partner as a result of damage to the rented vehicle or that a claim has been settled taking into account a contractually agreed deductible.

The maximum deductible accepted by BD24 is €2,500 and is linked to the conditions defined in the special insurance conditions. You can see whether the FlipCar protection package is activated for your trip to the booking details of your trip. Please read the insurance conditions carefully and also note the general and specific exclusions and obligations. The information sheet on Insurance Products (IPID) gives you an overview of the main contents of the insurance. You can also read about the FlipCar protection package in the FAQs on our homepage.

You can make your claim for insurance benefits directly to the BD24 in the event of a claim. You can use the online claim form provided by us or contact the insurer directly:

 

BD24 Berlin Direkt Versicherung AG  

Local court Berlin Charlottenburg, HRB 152599  

represented by the Executive Board: Dr. Mirko Kühne and Jürgen Strahl

Address: Wrangelstr. 100, 10997 Berlin
Phone: (+4930) 896 770-110
E-Mail (in case of an accident): [email protected]

Section 9: Collecting FlipCoins 

1. The app allows you to collect points, so-called FlipCoins. As long as the app is activated and you take a trip with FlipCar, your trip will be recorded and evaluated. At the end of the trip, you will receive a certain number of FlipCoins. If the trip is not recorded or is incomplete, or if the app is partially or completely deactivated during the trip, you will not receive FlipCoins.

The number of FlipCoins collected is made up of

Driving style:
Evaluation based on the scoring algorithm.

Detour: 
Driven route and deviation from the given route. The app calculates the best route based on current traffic information and navigates you directly to your destination using the fastest route. Deviations that do not correspond to the specified navigation and exceed 10% of the calculated distance (specified in kilometres) between the start and destination have a direct influence on the number of FlipCoins granted.

Travel time:
The FlipCar App gives you the time frame in which the vehicle must be transferred. Possible time delays caused by circumstances beyond your control (e.g. traffic jams, detours, breakdown) are taken into account when calculating the FlipCoins. If you exceed the given time window and deliver the vehicle too late, this will have a direct effect on the number of FlipCoins granted.   

Vehicle class:
Depending on the vehicle type and class, the maximum number of FlipCoins that can be achieved for each journey varies.

Each of the four evaluation variables forms a partial evaluation, from which an overall evaluation is derived. Based on the overall rating and the maximum number of FlipCoins that can be achieved per vehicle class, you will receive a certain number of FlipCoins. You will receive information about your trip and the number of FlipCoins you have achieved in the FlipCar App immediately after the trip. 

 

2. The app determines the number of kilometres you have travelled using the location function of your smartphone. For technical reasons, the distances calculated by the app may differ from the actual number of kilometres travelled.

3. You can check your current score at any time via the app.

4. In case of incorrect bookings as well as misuse of the app (e.g. due to changes or intentional manipulation of the system time) we reserve the right to cancel the corresponding number of points credited.

5. The FlipCoins credited to your points account can be redeemed for certain vehicle classes and journeys as soon as you have collected the required number of FlipCoins for the respective vehicle class or journey. The classes of vehicles or rides offered and the number of FlipCoins required to redeem them is displayed on the app.

6. It is not possible to convert and payout FlipCoins in cash.

7. The redemption of FlipCoins is subject to the availability of the respective rides and the corresponding vehicle classes. The availability and quality of the vehicles provided by license partners may vary. According to section 5.1 of this contract, the respective license partner is solely responsible for the availability of the services and the proper fulfillment of the contract. 

8. Unredeemed FlipCoins expire after 36 months at the end of the quarter in which they were collected.

Section 10: City alarm 

You can select your favorite destinations in the FlipCar app and receive push messages about new trips to these destinations.

 

Section 11: Special notes and obligations  

 

1. The use of FlipCar or our other services must not violate these terms of use, legal regulations (especially data protection and personal rights) or the rights of third parties. This also includes not integrating FlipCar into other websites, neither private nor commercial or to distribute it commercially without our prior consent. In addition, you are obliged not to publish or post any content in connection with FlipCar that violates any laws, especially those that are illegal, offensive, hurtful, misleading, harassing, racist or glorify violence or that interfere with the privacy, personal rights or intellectual property of third parties in an illegal manner. We reserve the right to delete such content immediately after appropriate knowledge, especially if the publication or post FlipCar with the illegal statement can be brought into any context.   

2. You are solely responsible for interactions with others and their content, especially through social communication channels and media.  

3. FlipCar may only be used during the trip to the extent that you are not distracted by traffic. The regulations of the road traffic regulations must be observed.

 

Section 12: Rights of use  

1. Unless otherwise regulated, the operator grants you the simple, time-unlimited, non-transferable and non-sub-licensable right to use the app. This also includes the right to use the content and information obtained via the app. However, this does not include the right to receive future upgrades, updates, additions, support or technical assistance, unless the operator expressly points this out beforehand. In this case, these upgrades, updates or additions are also subject to these Terms of Use, unless otherwise agreed.   

2. Unless permitted by applicable law or license terms or expressly permitted by the operator, you have no right to modify, reverse engineer, decompile or disassemble the software, apps, services or products of the operator.

3. When using FlipCar, copyrights, name and trademark rights and other rights of FlipCar GmbH and third parties must also be observed. 

Section 13: Liability 

1. In the event of intent and gross negligence, the operator is always liable without limitation in accordance with the statutory provisions. In other cases, the operator is only liable in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user can regularly rely upon. In this case, however, liability is limited to compensation for foreseeable and typical damage. The liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations of liability. 

2. The operator is not responsible for damages caused by improper use of the app. This applies in particular if the user is distracted from the traffic situation by the use of the app while driving and this leads to accidents.

Section 14: Duration of contract and termination   

1. The contractual relationship with you is concluded for an indefinite period. It can be terminated by either party at any time with immediate effect.  

2. The operator reserves the right to terminate the contract especially in case the user violates the terms of use.

Section 15: Data protection and security 

1. The operator places the highest value on the protection of your personal data. The operator collects, processes and uses your personal data exclusively in compliance with the applicable data protection laws, in particular the EU Data Protection Basic Regulation (DSGVO) and the Federal Data Protection Act (BDSG). Therefore we inform you in detail about the processing of your personal data and your rights.

2. Contact details of the operator 

FlipCar GmbH

Konsul-Smidt-Straße 24
28217 Bremen
E-Mail: [email protected]

3. Privacy officer

You can contact our privacy officer with questions or objections:

Mr. Günther Ewald
E-Mail: [email protected]

4. The purpose of the processing is the mediation of trips for the transfer of vehicles between you and the license partners. For this purpose, a corresponding contract will be concluded between you and the operator. Your personal data is required to fulfill the contract. The legal basis for this is Art. 6, para. 1 lit b DSGVO.

5. We process the following personal data from you:

  • During registration: name, first name, date of birth, e-mail address, mobile phone number, password, credit card data for billing purposes. Without these data, the contract cannot be concluded.
  • Favorite destinations selected by you in the app (“city alert”), so that you can view new trips via push messages if necessary.
  • When booking and canceling: the trip you have reserved; any FlipCoins required will be debited from your FlipCoin account; the usage fee will be debited from your credit card account
  • While you are driving, the FlipCar app records the information about your driving behavior on your smartphone as described in section 8. At the end of the journey, the data is analyzed and the partial scores are transmitted to the operator platform. There the achieved FlipCoins are calculated and displayed in the app. The data on your driving behavior will be deleted from your smartphone at the end of the journey.
  • With the FlipCar app, you can view your data including the FlipCoins you received at any time.
  • Upon termination of the contract, all personal data that is not subject to any legal obligation to retain will be deleted.

6. General information about the processing when downloading the app

  • When you download the app, the certain required information is transmitted to the App Store you have selected (e.g. Google Play or Apple App Store). In particular, the user name, e-mail address, customer number of your account, time of download, payment information, as well as the individual device identification number, can be processed. However, the processing of this data is carried out exclusively by the respective App Store and is beyond our control.
  • For more information, please visit https://policies.google.com/privacy?hl=de&gl=de (Google Play-Store) or https://www.apple.com/de/privacy/ (Apple App-Store).

7. Information about the processing within the scope of the use of our app

  • Registration: When you register, we process your name, date of birth, email to create you as a user and your mobile phone number for validation. The given credit card information is neither stored nor processed by the operator.
  • Login: While you log in, we process your email address and password to validate your login.
  • FlipCar driving: While you are driving with FlipCar, we process your position data and the sensor data of your smartphone for navigation and the calculation of your FlipCoins, which you will receive after the trip. See also section 5 and section 8.
  • Billing: When you make a booking in the app, we send a request to the payment provider to validate and charge your specified credit card.
  • Booking: When you make a booking via the app, we only transmit your first and last name as well as your date of birth to our partner car rental companies for setting up your reservation.

8. Automated decision making

The number of FlipCoins you are credited per ride is calculated by the drivo scoring algorithm. Your driving style, the adherence to the routes and the driving times are included as equivalent parameters in the calculation. The exact calculation cannot be shown here. There is no automated decision making according to Art. 22 para. 1 DSGVO.

9. Evaluations

The operator reserves the right to carry out evaluations of the trips offered and carried out, e.g. how many trips to certain destinations have been booked in a certain period. These evaluations only contain cumulative results without reference to persons.

10. Receiver

Your personal data will be forwarded to the following companies within the scope of order processing or for billing purposes.

  • Heroku: Hosting of the platform
  • Google Firebase: Authentication
  • Crefopay: Payment handling
  • Stripe: Payment handling

These companies have their servers partly in the USA. All companies to which we pass on your data have joined the EU Privacy Shield to comply with European data protection standards.

As part of the FlipCar protection package (deductible insurance, see section 8), we transmit your surname, first name and the journeys you have made (journey ID, journey time) to the BD24 Berlin Direkt Versicherung AG.

Except for bookings and cancellations of trips, no data about you will be passed on to the license partners.

11. You have the following rights: 

  • Right to information (Art. 15 DSGVO)
  • Right to rectify data (Art. 16 DSGVO)
  • Right to delete or restrict data (Art. 17 und 18 DSGVO)
  • Right to data portability (Art. 20 DSGVO)
  • Right to object to processing (Art. 21 DSGVO)

You also have the right to complain to a supervisory authority if you believe that the processing of your personal data violates the provisions of the DSGVO.

 

Version from 2019-08-12
Section 1: Subject

 

These terms of use of FlipCar App regulate the contractual relationship between FlipCar GmbH, Konsul-Smidt-Straße 24, 28217 Bremen & the user of FlipCar App. By entering the master data (first and last name, date of birth, email & mobile phone number) and accepting these terms and conditions in the registration process, the framework agreement between the user and FlipCar GmbH is concluded.

 

The concrete content and the scope of the respective services of the operator are determined, in addition to these terms of use, by the functionalities currently available and described on the website and app at the time of the conclusion of the respective contract. We reserve the right to change, adapt or extend functions provided free of charge at any time and/or to discontinue the provision of free functions. Of course, we will inform you about this immediately.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

 

Section 2: Definitions

 

Operator: FlipCar GmbH as the provider of the mobile application “FlipCar”.

App: Mobile application “FlipCar

License partners: Companies that make vehicles available to FlipCar users for disposition and transfer purposes

 

Section 3: Definitions

 

1. FlipCar is a mobile application for the search and reservation of a vehicle of the license partners of FlipCar. Using your smartphone, available vehicles are displayed and made available for reservation. Using the information provided about availability, vehicle type, pick-up, and drop-off location and other conditions, FlipCar allows you to reserve a car that needs to be transported for transfer purposes. After a successful reservation, the vehicle must be picked up by you at the agreed location within the specified time, transferred according to the license partner’s instructions and delivered at the agreed location.

 

2. After you have downloaded the app from the respective “App Store”, you first create a personal user account. To create an account, you must be at least 21 years old. To register an account with FlipCar, you must provide FlipCar with certain personal information such as your full name, mobile phone number, email, password, age, and at least one valid payment method (either a credit card or an approved payment partner). You agree to ensure that your account information is accurate, complete and current. If your account information is no longer accurate, complete and current, or if the payment method provided with your account information is invalid or has expired, you may no longer be able to access or use FlipCar’s services or FlipCar may terminate the User Agreement with you. You are responsible for all activities on your account and you agree to keep your login details and password safe and confidential at all times. You may not have more than one account without the written permission of FlipCar. With the completion of the registration process and the activation of the account by the operator, a legally effective contract is concluded.

 

3. The use of FlipCar requires a mobile data connection. The operator is not responsible for establishing a mobile data connection. A SIM card with a corresponding data option is required for this purpose, the content and scope of which are subject exclusively to the terms and conditions agreed with your telecommunications provider. It is recommended to choose a mobile phone tariff with sufficient data volume. You yourself are responsible for the mobile data communication option and bear any data transmission costs incurred by your telecommunications provider. Receiving data packages from the Internet may incur additional costs (e.g. roaming charges) depending on your mobile phone tariff and especially when operating abroad. The mobile data connection and its performance (speed) also depend on factors that are beyond the control and influence of the operator. These include, in particular, sufficient mobile radio reception at the location of the vehicle, interference, impairment or interruption of mobile radio reception by tunnels, garages, underpasses or other interfering influences (e.g. weather influences such as thunderstorms, disruptive devices, buildings, bridges or mountains, intensive mobile radio use in the respective radio cell, etc.).

 

4. A claim to use the free services of the App exists only within the scope of our technical and operational possibilities. We will continuously take all reasonable measures to ensure the continuous availability of FlipCar and to eliminate any faults as quickly as possible. In particular, due to force majeure (e.g. storms) or due to the implementation of necessary maintenance, repair or other measures on the technical equipment of the operator or on the technical equipment of third parties that provide data, content, information or transmission capacity for the operator, unavoidable temporary disruptions or a reduction in performance (speed) may nevertheless occur. If you have any questions or problems, please contact our support team by e-mail.

 

5. With regard to the content and scope of so-called personal data, we refer to section 14.

 

 

 

 

Section 4: Technical requirements for using FlipCar

 

To be able to use FlipCar with all functionalities, the following criteria for the hardware and software of your smartphone must be met:

 

1. iOS: I Phone, model 5s or later with iOS version 9.0 or later

 

2. Android: Smartphone with location and acceleration sensor with API version 21 (“Lollipop”) or later.

 

3. If your smartphone does not meet the described specifications, FlipCar is limited or not usable at all.

 

Section 5: Tracking and Scoring

 

With the help of your smartphone, information about the speed, position, and acceleration of the vehicle is determined and provided for you in the app and for FlipCar. The vehicle and movement data collected during the trip are encrypted and transmitted to the operator’s server. The data is only collected and used during the active use of FlipCar. The position data is used, among other things, to determine your location for the vehicle search, to display the optimal route and to record possible deviations from the given route. The accelerations are recorded and evaluated for the evaluation of your driving style. The collected information about your driving style can only be viewed by you and the operator. Under no circumstances will we pass on personal data to third parties, which relate exclusively to the tracking and scoring of your completed trips.

 

Section 6: Reservation & booking conditions

 

If you want to reserve and book a vehicle of a license partner, you must observe the following points:

 

1. The operator is at no time a contracting party in the contractual relationship between you and the respective license partner, but only arranges the trips and the conclusion of the contract. Reservations are subject to the availability of the respective rides and the corresponding vehicle classes. The availability and quality of the vehicles provided by license partners may vary. The respective license partner is solely responsible for the availability of the services and the proper fulfillment of the contract. The rental contract, the associated conditions (including general terms and conditions, insurance cover, liability), additional costs (including fuel costs) are determined by the license partner and may vary. The operator only transfers the first and last name for the respective reservation to the license partner. The respective rental conditions (visible in the app under the conditions of the respective ride) of the license partner thus regulate the contractual relationship between you and the license partner and must be observed.

 

2. The following points must be observed, even if the essential contractual relationship between you and the license partner is regulated by the rental conditions and contractual works of the license partner:

 

  • Age limits may vary depending on the license partner and vehicle class. Please refer to the respective rental conditions of the license partner for further details.
  • Reservations are not transferable to other persons or other users of the FlipCar App.
  • You have a valid identity card or other valid identity documents, which must be presented at the time of vehicle delivery for identification and validation of the reservation by FlipCar (the information on the identity document must be the same as the reservation)
  • You have a valid EU Class B driving license, which must be presented when the vehicle is handed over
  • If a vehicle is not picked up despite a valid reservation and the associated conditions (including pick-up location, time, age limit), if you do not start or complete the journey, if the reservation period is exceeded, if the vehicle is not picked up within the agreed period or is not delivered at the intended drop-off point, FlipCar will charge a cancellation fee. The amount of the cancellation fee depends on the respective license partner and can vary. You can see how high the cancellation fee is in individual cases in the information about your trip. The cancellation fee is due when the license partner has demonstrably provided FlipCar with proof of the service you have not provided. The amount of the cancellation fee due will be charged to the payment method you specified in section 7. Counterclaims and right of retention are governed by section 7.4 of this contract.

 

Section 7: Payment

Payment method for FlipCar is the FlipCar App.

 

1. To use FlipCar, you must specify one or more payment methods. You can update your payment methods by visiting the “Payment” page. We can also update your payment methods with the information that we receive from the payment service providers.

2. You agree to pay the prices quoted by FlipCar The applicable price will be displayed in the FlipCar App before you complete your reservation of a ride. These are final prices, which include the respective legally required sales tax. Payment is due upon completion of the reservation.

3. Payments are made according to the selected payment method. You are obliged to ensure that your bank account, which is used for direct debit, credit or debit, or any other chosen payment method has sufficient funds. If the collected amount is debited back by the bank and you are responsible for this circumstance, you have to pay the additional bank costs incurred.

4. You can only offset against the claims of FlipCar if the counterclaim is undisputed, legally established or ready for decision. You can only assert a right of retention if the counterclaim is undisputed, legally established or ready for decision.

 

Section 8: Collecting FlipCoins

 

1. The app allows you to collect points, so-called FlipCoins. As long as the app is activated and you take a trip with FlipCar, your trip will be recorded and evaluated. At the end of the trip, you will receive a certain number of FlipCoins. If the trip is not recorded or is incomplete, or if the app is partially or completely deactivated during the trip, you will not receive FlipCoins.

 

The number of FlipCoins collected is made up of

 

Driving style:

 

  • evaluated on the basis of the drivo scoring algorithm.

 

Detour:

 

  • Driven route and deviation from the given route. The app calculates the best route based on current traffic information and navigates you directly to your destination using the fastest route. Deviations that do not correspond to the specified navigation and exceed 10% of the calculated distance (specified in kilometers) between the start and destination have a direct influence on the number of FlipCoins granted.

 

Travel time:

 

  • The FlipCar App gives you the time window in which the vehicle has to be transferred. Possible time delays caused by circumstances beyond your control (e.g. traffic jams, detours, breakdown) are taken into account when calculating the FlipCoins. If you exceed the given time window and deliver the vehicle too late, this will have a direct effect on the number of FlipCoins granted.

 

Vehicle class:

 

  • Depending on the vehicle type and class, the maximum number of FlipCoins that can be achieved for each journey varies.

 

Each of the four evaluation variables forms a partial evaluation, from which an overall evaluation is derived. Based on the overall rating and the maximum number of FlipCoins you can achieve per vehicle class, you will receive a certain number of FlipCoins. You will receive information about your ride and the number of FlipCoins you have achieved in the FlipCar App immediately after the ride.

 

2. The app determines the number of kilometers you have traveled using the location function of your smartphone. For technical reasons, the distances calculated by the app may differ from the actual number of kilometers traveled.

 

3. You can check your current score at any time via the app.

 

4. In case of incorrect bookings as well as misuse of the app (e.g. due to changes or intentional manipulation of the system time), we reserve the right to cancel the corresponding points credit.

 

5. The FlipCoins credited to your points account can be redeemed for certain vehicle classes and journeys as soon as you have collected the required number of FlipCoins for the respective vehicle class or journey. The classes of vehicles or rides offered and the number of FlipCoins required to redeem them is displayed on the app.

 

6. It is not possible to convert and pay out FlipCoins in cash.

 

7. The redemption of FlipCoins is subject to the availability of the respective rides and the corresponding vehicle classes. The availability and quality of the vehicles provided by license partners may vary. According to section 5.1 of this contract, the respective license partner is solely responsible for the availability of the services and the proper fulfillment of the contract.

 

8. Unredeemed FlipCoins expire after 36 months at the end of the quarter in which they were collected.

 

Section 9: City alarm

 

You can select your favorite destinations in the FlipCar app and receive push messages about new travel offers to these destinations.

 

Section 10: Special notes and obligations

 

1. The use of FlipCar or our other services must not violate these terms of use, legal regulations (especially data protection and personal rights) or the rights of third parties. This also includes not integrating FlipCar into other websites, neither private nor commercial or to distribute it commercially without our prior consent. In addition, you are obliged not to publish or post any content in connection with FlipCar that violates any laws, especially those that are illegal, offensive, hurtful, misleading, harassing, racist or glorify violence or that interfere with the privacy, personal rights or intellectual property of third parties in an illegal manner. We reserve the right to delete such content immediately after appropriate knowledge, especially if the publication or post FlipCar with the illegal statement can be brought into any context.

 

2. You are solely responsible for interactions with others and their content, especially through social communication channels and media.

 

3. FlipCar may only be used during the journey to the extent that you are not distracted by traffic. The regulations of the road traffic regulations must be observed.

 

Section 11: Rights of use

 

1. Unless otherwise regulated, the operator grants you the simple, time-unlimited, non-transferable and non-sublicensable right to use the app. This also includes the right to use the content and information obtained via the app. However, this does not include the right to receive future upgrades, updates, additions, support or technical assistance, unless the operator expressly points this out beforehand. In this case, these upgrades, updates or additions are also subject to these Terms of Use, unless otherwise agreed.

 

2. Unless permitted by applicable law or license terms or expressly permitted by the operator, you have no right to modify, reverse engineer, decompile or disassemble the software, apps, services or products of the operator.

 

3. When using FlipCar, copyrights, name and trademark rights and other rights of FlipCar GmbH and third parties must also be observed.

 

 

 

Section 12: Liability

1. In the event of intent and gross negligence, the operator is always liable without limitation in accordance with the statutory provisions. In other cases, the operator is only liable in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user can regularly rely upon. In this case, however, liability is limited to compensation for foreseeable and typical damage. The liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations of liability.

 

2. The operator is not responsible for damages caused by improper use of the app. This applies in particular if the user is distracted from the traffic situation by the use of the app while driving and this leads to accidents.

 

 

Section 13: Duration of contract and termination

1. The contractual relationship with you is concluded for an indefinite period. It can be terminated by either party at any time with immediate effect.

 

2. The operator reserves the right to terminate the contract especially in case the user violates the terms of use.

 

Section 14: Data protection and security

1. The operator places the highest value on the protection of your personal data. The operator collects, processes and uses your personal data exclusively in compliance with the applicable data protection laws, in particular, the EU Data Protection Basic Regulation (DSGVO) and the Federal Data Protection Act (BDSG). Therefore we inform you in detail about the processing of your personal data and your rights.

 

2. Contact details of the operator

FlipCar GmbH

Konsul-Smidt-Straße 24

28217 Bremen

E-Mail: [email protected]

 

3. Privacy officer

You can contact our privacy officer with questions or objections:

E-Mail: [email protected]

 

4. The purpose of the processing is the mediation of journeys for the transmission of vehicles between you and the license partners. For this purpose, a corresponding contract will be concluded between you and the operator. Your personal data is required to fulfill the contract. The legal basis for this is Art. 6. paragraph 1 lit b DSGVO.

 

5. We process the following personal data from you:

 

  • During registration: name, first name, date of birth, e-mail address, mobile phone number, password, credit card data for billing purposes. Without these data, the contract cannot be concluded.
  • Favorite destinations selected by you in the app (“city alert”), so that you can view new trips via push messages if necessary.
  • When booking and canceling: the trip you have reserved; any FlipCoins required will be debited from your FlipCoin account; the usage fee will be debited from your credit card account
  • While you are driving, the FlipCar app records the information about your driving behavior on your smartphone as described in section 8. At the end of the journey, the data is analyzed and the partial scores are transmitted to the operator platform. There the achieved FlipCoins are calculated and displayed in the app. The data on your driving behavior will be deleted from your smartphone at the end of the journey.
  • With the FlipCar app, you can view your data including the FlipCoins you received at any time.
  • Upon termination of the contract, all personal data that is not subject to any legal obligation to retain will be deleted.

 

6. General information about the processing when downloading the app

 

    • When you download the app, certain required information is transmitted to the App Store you have selected (e.g. Google Play or Apple App Store). In particular, the user name, e-mail address, customer number of your account, time of download, payment information as well as the individual device identification number can be processed. However, the processing of this data is carried out exclusively by the respective App Store and is beyond our control.
    • Further information can be found at https://policies.google.com/privacy?hl=de&gl=de (Google Play-Store) or https://www.apple.com/de/privacy/ (Apple App-Store).

 

7. Information about the processing within the scope of the use of our app

 

    • Registration: When you register, we process your name, date of birth, email to create you as a user and your mobile phone number for validation. The given credit card information is neither stored nor processed by the operator.
    • Login: While you log in, we process your email address and password to validate your login.
    • FlipCar driving: While you are driving with FlipCar, we process your position data and the sensor data of your smartphone for navigation and the calculation of your FlipCoins, which you will receive after the journey. See also section 5 and section 8.
    • Billing: When you make a booking in the app, we send a request to the payment provider to validate and charge your specified credit card.

 

8. Automated decision making

The number of FlipCoins you are credited per ride is calculated by the drivo scoring algorithm. Your driving style, the adherence to the routes and the driving times are included as equivalent parameters in the calculation. The exact calculation cannot be shown here. There is no automated decision making according to Art. 22 para. 1 DSGVO.

 

9. Evaluations

The operator reserves the right to carry out evaluations of the trips offered and carried out, e.g. how many trips to certain destinations have been booked in a certain period. These evaluations only contain cumulative results without reference to persons.

 

 

10. Receiver

Your personal data will be forwarded to the following companies within the scope of order processing or for billing purposes.

  • Heroku: Hosting of the platform
  • Google Firebase: Authentication
  • Stripe: Payment handling

 

These companies have their servers partly in the USA. All companies to which we pass on your data have joined the EU Privacy Shield to comply with European data protection standards.

 

Except for bookings and cancellations of trips, no data about you will be passed on to the license partners.

 

11. You have the following rights:

  • Right to information (Art. 15 DSGVO)
  • Right to rectify data (Art. 16 DSGVO)
  • Right to delete or restrict data (Art. 17 und 18 DSGVO)
  • Right to data portability (Art. 20 DSGVO)
  • Right to object to processing (Art. 21 DSGVO)

 

You also have the right to complain to a supervisory authority if you believe that the processing of your personal data violates the provisions of the DSGVO.