General Terms and Conditions of BB MOBILITY GmbH.
As of November 24, 2019
§ 1 scope
The following general terms and conditions (hereinafter "GTC") are part of all contracts between us, BB MOBILITY GmbH, Am Söldnermoos 6, 85399 Hallbergmoos, acting as BabelBing or BB MOBILITY, and you as our customer.
§ 2 Definitions
- BabelBing is the name under which BB MOBILITY GmbH (hereinafter "BB MOBILITY") appears on the market and offers its service.
- "Service" describes the booking system operated by BB MOBILITY for passenger transport and passenger transport itself.
- “Shuttle” means the motor vehicle with which the passenger transportation is carried out.
- “Customers” in the sense of these conditions are the passengers who ask about the passenger transport service.
- “App” refers to the smartphone application for Android and iOS, which customers can download free of charge from the respective “app store”.
- "Transport contract" means the contract that the customer concludes with BB MOBILITY and which has the subject of the transport of passengers.
- "Ride-Pooling" describes the principle of bundling several passengers whose destination is in the same direction on one route into one vehicle. This means that every passenger accepts smaller detours so that the other passengers can be brought to their destination, even if it is not on the direct route to the customer's destination.
- "Conditions of Carriage" are part of these General Terms and Conditions, which regulate the passenger transport contract between the customer and BB MOBILITY.
- “Booking” in the sense of these terms and conditions means the reservation of a place in a shuttle.
§ 3 Use of the app and transport services
- BB MOBILITY provides its customers with an app that can be installed on their smartphone free of charge. The app enables the customer to use the service to reserve a transport.
- The service from BB MOBILITY is offered in such a way that several customers with similar travel routes are transported together in a shuttle to their chosen final destination in a cost, traffic-avoiding and resource-saving manner, so that the shuttle is ideally utilized.
- Through the booking the customer concludes a separate transport contract. In accordance with the booking, the customer is transported with a shuttle in the BB MOBILITY business area at a fixed price individually determined for each trip.
§ 4 rights of use and obligations
- BB MOBILITY grants the customer a restricted, non-exclusive, non-sublicensable, revocable and non-transferable license for the private installation and use of the app on the customer's mobile device as well as access to and use of all content, information and associated materials made available via the app.
- The customer has to use the app in such a way that the operation and function of the app are not impaired. The customer is not permitted to attempt to gain unauthorized access to any part of the app and the associated systems or networks or to impair it.
- The customer is not permitted to remove references to copyrights, brands or other property rights of BB MOBILITY GmbH from the respective part of the app.
§ 5 conclusion of contract
- At the start of the trip, BB MOBILITY and the customer conclude a transport contract for the transport service in the sense of the previous booking. The journey begins as soon as the customer gets on the shuttle and the driver confirms that the passenger is on board.
- When concluding the contract, the customer consents to the concept according to § 2 (7) of these terms and conditions. In particular, the customer agrees to share the shuttle with other customers according to the concept in suitable cases. A group trip can also occur between the time of booking and the conclusion of the contract or only after the conclusion of the contract if the booking system of BB MOBILITY assigns another customer's trip request to the concept. The customer expressly agrees to delays during the transport service that result from the implementation of the Ride-Pooling principle.
- A booking can be made in advance.
- If a booking is canceled by the customer 24 hours before the planned start of the trip, there are no costs for the customer. In the cancellation is made later than 24 hours before the start of the journey, BB MOBILITY GmbH will charge 25% of the fare.
- If the start time is going to be slightly differt as booked, the customer does not have to correct the booking. If transportation has to be provided on another day, the booking must be changed. The booking can be changed up to 3 hours before the start of the journey.
- The service will not be carried out if the booking is canceled by the provider or the customer before the start of the journey. If canceled by BB MOBILITY, 100% of the travel costs will be refunded.
- The service will also not be carried out if, for whatever reason, the customer is not found at the specified starting location. In these cases, BB MOBILITY makes reasonable efforts to find the customer and to implement the transport service.
- BB MOBILITY GmbH operates on Mondays and Fridays from 8:00 a.m. to 12:00 p.m. and from 3:30 p.m. to 7:00 p.m. If the customer arrives at the pick-up point outside of operating hours, the booking is considered canceled by the customer. If the delay is not the fault of the customer, e.g. due to the flight delay, up to 100% can be refunded in individual cases.
§ 7 Liability in the event of an accident
- The customer rides in the shuttle at his own risk and waives - except in cases of intent and gross negligence - against the driver and owner of the shuttle for compensation for any accident damage, unless this can be compensated for by any insurance payment. This waiver does not apply to cases of injury to life, limb and health if the accident was caused by the driver of the shuttle, nor to damage from the violation of essential contractual obligations (cardinal obligations). Significant contractual obligations are those the fulfillment of which enables the execution of the contract of carriage and the fulfillment of which the customer trusts and can trust.
- Liability for property damage to any transported person is excluded insofar as the damage exceeds 1,000 euros and is not based on intent or gross negligence.
- If, in the event of an accident, a third party is liable to pay damages in addition to the driver and owner of the shuttle, the customer limits his claim for damages against the third party to the partial amount that corresponds to the degree of joint liability of the third party.
- If an additional claim is brought, the customer waives the driver and owner of the shuttle from reimbursement of additional claim costs insofar as these cannot be covered by legal expenses insurance.