1. subject matter

The subject of these General Terms and Conditions (hereinafter referred to as “GTC”) is the mobility platform mobilityDIY (hereinafter referred to as “Platform”) operated by Match Rider GmbH (hereinafter referred to as “Match Rider”) with the associated apps (hereinafter referred to as “App”), which is accessible in the form of a website and mobile applications and serves to bring drivers into contact with other riders.

This matchmaking service is partly subject to a fee. 

These GTC govern the legal relationships in connection with access to and use of the platform.

2. Role of Match Rider

Match Rider provides a mobility platform and apps that can be used to offer and book rides.

Users (drivers or passengers) have the option of offering scheduled, regular and spontaneous rides so that the seats offered can be booked. The offers are viewed in particular by other users in order to find out the information and conditions of a ride and, if possible, to book a seat directly in the driver’s vehicle.

Match Rider has no influence whatsoever on the behavior of users on the platform. In particular, Match Rider does not own, use, supply or manage the vehicles of the drivers in the ride offers and does not offer any rides itself.

Match Rider points out that the validity, correctness or legality of the rides is not checked by Match Rider.

As an intermediary for rides, Match Rider does not provide any transportation services and does not act in the capacity of a transport operator. Match Rider merely offers the provision of and access to the platform for arranging rides.

Users act on their own responsibility.

Match Rider cannot accept any liability for the performance of a ride. This applies in particular to the existence or occurrence of any of the following cases:

• incorrect information provided by the rider in his advertisement or otherwise in relation to the ride and its conditions;
• Cancellation or modification of a ride by a user;
• non-payment of the cost contribution by a passenger;
• the behavior of its users during, before or after the journey;

3. Registration on the platform and apps to create an account

3.1 Registration conditions

In order to use the matchmaking service, a user account must be created and maintained. Only persons who have reached the age of 18 are authorized to use this matchmaking service and to create a user account with Match Rider.

By registering on the App and creating a user account (hereinafter referred to as “Account”), you confirm that you have read and accepted the Terms and Conditions and that you have read and carefully understood the App’s Privacy Policy. Please note that at no time does Match Rider become a party to any contract or other agreement entered into between users or providers of mobility services. Match Rider merely provides the platform and access to the app for arranging rides.

3.2 Creating an account

A valid e-mail address and/or mobile phone number of the user is required to create an account. If these details change, they must be updated.

For registration, the user can freely choose a user name, provided this has not already been assigned to another user, as well as a personal password. Users are obliged to keep the password secret and not to grant other persons access to the account.

The user can manage their account and, in particular, publish a portrait photo of themselves and information about their vehicle in the apps.

Creating a user account is free of charge. By creating an account, the User confirms that they have read, understood and accepted the GTC. Match Rider is entitled to delete the account if false information is provided during registration or at a later time, if the provisions of these GTC are violated or, in the case of carpooling, if the User repeatedly fails to show up for a ride after Match Rider has arranged a carpool.

It is prohibited to maintain further accounts in addition to your originally created account, both under your own name and under the name of a third party.

3.3 Verification of an Account

Match Rider may take measures to verify the data provided in the profile if this is necessary for reasons of transparency, to create more trust or to prevent or detect fraud. This applies in particular to the verification of telephone numbers.

4. Use of the services

Match Rider arranges car pools for certain routes between so-called match points. Match points are places where cars can be parked and where people can be easily picked up and dropped off. For other mobility solutions, it is also possible to arrange car pools for specific addresses.

When arranging a carpool, each user can decide on a case-by-case basis whether they want to be a driver or a passenger.

If the user wants to be the driver, a journey between Match Point and Match Point, the number of available seats and a departure time can be specified. The make, model, color and license plate number of the vehicle must also be specified.

If the user wants to travel as a passenger, the route, the match points and the time frame for a journey can be entered in order to check whether a suitable or similar carpool exists.

Match Rider’s matchmaking service consists of comparing this trip data and establishing contact between drivers and passengers. For each matching potential passenger, Match Rider sends a push message to the driver’s cell phone.

4.1 Offer rides

If you fulfill the following conditions, you are entitled to offer rides on the platform as a user.

A ride offer may only be created if you fulfill all of the following conditions:

• You have a valid driver’s license;
• The ride you are offering relates to a ride in a vehicle that belongs to you or that you are allowed to use with the express permission of the owner;
• You have valid liability insurance for the vehicle;
• You are not banned from driving;
• You do not place another ad for the same journey on the platform.

A vehicle in good operating condition is used that complies with the applicable laws and, in particular, has a valid main inspection report and current registration.

If your ride offer meets the requirements in these GTC, it will be published in the app and visible to registered users who perform a search on the platform or app. In the event that your advertisement does not comply with the GTC, Match Rider reserves the right to remove a ride offer at its own discretion and without prior notice.

4.2 Booking journeys

If a passenger wants to book a seat on a journey, he or she can make a booking in the app.

Journeys can be canceled at any time.

4.3 Rating system

You may submit a review of a Ride if you have or should have taken that Ride.

Match Rider reserves the right to temporarily suspend your Account, restrict your access to the Services or terminate the Agreement with you in the event that (i) complaints about you as a User have been reported directly to Match Rider or (ii) you have received ratings below 3 stars from other Users.

5. Contractual conditions

5.1 Cost contribution and promotional offers

The carpooling service is free of charge for drivers. At the end of the ride, you as a passenger will be charged a cost contribution depending on the regional settings for your carpool. The cost contribution depends on the length of the journey. Match Rider does not become a contractual partner through this calculation of the cost contribution; the rights and obligations of the users remain unaffected by this.

Depending on the app used and the community settings, part of the cost contribution may be donated to a non-profit or charitable organization.

Match Rider may occasionally offer promotional offers for limited periods of time. The terms and conditions (in particular duration and price) of such promotional offers will be communicated online by Match Rider.

5.2 Payment

5.2.1 Digital payment system

Users top up a credit account in the app with the desired amount using a digital payment system for planned journeys if a cost contribution is planned for your community.

When using the electronic payment system, as a rider you assign the claims against the passengers for payments for the mobility services to Match Rider. Match Rider therefore asserts the claim for payment of the price of a ride in its own name against the passengers. At no time does Match Rider become a party to any contract or other agreement concluded between users of mobility services. Match Rider merely provides the platform and access to the app for arranging rides.

As a result, at the end of the ride, the specified cost contribution is charged to the riders and credited to the riders’ credit account. Users can have credit balances in the credit accounts paid out.

Match Rider reserves the right to pass on the transaction costs incurred for the payment service through the electronic payment system to the passengers.

Amounts paid in arrears constitute a claim to interest.

The risk of non-payment of the Rider’s contribution to costs lies exclusively with the Rider, Match Rider is not obliged to ensure successful, timely or proper payment.

Match Rider reserves the right to change or restrict the available payment options at any time, as well as to introduce other electronic payment systems and make them available as payment options.

5.2.2 Payment in cash in the vehicle

In the case of cash payment, the calculated amount of the cost contribution must be paid to the driver in the vehicle at the latest before the passenger leaves the vehicle.

The risk of non-payment of the cost contribution by Passengers lies exclusively with the Riders; Match Rider is not obliged to ensure successful, timely or proper payment.

6. Cancelations

As a driver or passenger, you can cancel already booked or advertised journeys that are to be paid for in cash at any time before the departure time. In this case, the riders will not receive any contribution to the costs from the passengers. You will also be informed immediately in the app if the other contracting party involved cancels.

The following cancellation conditions apply to journeys for which the passenger pays the cost contribution online:

• In the event that the driver:in cancels the journey, the entire cost contribution will be refunded to the credit account of the passengers.
• In the event that passengers cancel a booked journey, the entire cost contribution will be refunded to the credit account.

7. Rules of conduct for users of the platform

As a user, you are solely responsible for complying with the general laws, regulations and obligations relating to your use of the platform.

You are also obliged to do the following when using the platform and while riding:

• During the ride, it is expressly forbidden to express or behave in a manner that is condescending, insulting, offensive, pornographic, vulgar, aggressive, undesirable, derogatory, violent, threatening, harassing, racist or xenophobic or contains sexual connotations.
• The rights of Match Rider, in particular image rights, copyrights or other intellectual property rights, must not be infringed.
• No more than one account may be opened on the platform and no account may be opened in the name of a third party.
• Making bookings outside the platform is prohibited.
• These Terms and Conditions and Match Rider’s Privacy Policy must be followed and observed.
• Prior permission must be obtained from Match Rider for any intended commercial audio or video recording of a ride.

8. Blocking, access restriction and termination of accounts

You can terminate your contractual relationship with Match Rider free of charge at any time without giving reasons. All you have to do is activate the “Delete account” button on your profile page.

9. Data protection

By using the Platform, Match Rider will collect and process personal data from you. By using and registering, you accept the processing of your personal data by Match Rider in accordance with applicable law and the Privacy Policy.

10. Operation and availability of the Platform

Match Rider endeavors, as far as possible, to provide access to the Platform seven days a week and 24 hours a day. Nevertheless, downtime may occur temporarily and without notice due to technical maintenance, migration of data, updates or other technical events of our Platform or the network in general.

Match Rider reserves the right, in its sole discretion, to modify or suspend access to the Platform or its features, temporarily or permanently and/or in whole or in part.

11. Changes to the GTC

These T&Cs constitute the entire agreement between you and Match Rider in relation to your use of the Platform and the Apps. Notices, documents and announcements provided as part of the App serve as guidelines and may concretize provisions of the T&Cs in detail.

Match Rider reserves the right to amend these T&Cs, in particular due to equivalence problems or adaptation of the statutory legal framework. In the event of a change, we will inform you of this by e-mail.

12. Applicable law – legal dispute

These GTC are written in English and are subject to German law. The exclusive place of jurisdiction for disputes is Heidelberg.

Match Rider is not obliged and in principle not willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Legal information

The mobilityDIY platform and the associated apps are operated by Match Rider GmbH, based at Ziegelhäuser Landstraße 39, 69120 Heidelberg, Germany.

If you have any questions, you can contact us by e-mail at info@matchrider.de.