FLARE TECHNOLOGIES GMBH GENERAL TERMS AND CONDITIONS
These General Terms and Conditions set out the legal framework for using the services that are offered by Flare Technologies GmbH, Lichtenbergstraße 8, 85748 Garching, Germany (“Flare” or “we/us”, the services offered by Flare, the “Services”).
Flare owns and operates the website: flare.org and the Services can be used and accessed by way of our mobile app available on the respective app stores for your smartphone.
2. Scope and formation of the contract
2.1 Parties to the contract and acceptance of the terms
These General Terms and Conditions of Business (the “Terms”) form the basis of the contractual relationship entered into between you and Flare. These Terms apply to all Services provided and/or offered by Flare.
The use of the Services requires your acceptance of the Terms and by your acceptance you agree to be bound by the Terms. If you do not agree to these Terms, you may not access or use the Services. Therefore, please read these terms carefully before accessing or using the Services.
2.2 Additional terms and conditions
Additional terms may apply to certain Services. Such additional terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2.3 Formation of contract / User Account
2.3.2 You can sign up by either using your name and e-mail address or, alternatively, by using your Facebook account. In order to register, users will be required to provide their first name, last name, e-mail address and telephone number.
2.3.3 You agree and accept that all of the information you provide to Flare when setting up your user account and at any other time will be true, complete and accurate in all respects.
2.4 Requirements for signing-up
A requirement for signing up for a user account is that you are at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18) and have full legal capacity.
2.5 No commercial use
Our Services are intended for non-commercial use only. Use of our Services for commercial purposes of any kind is expressly prohibited, including without being limited hereto the recording of data provided within our Services with automated programs, software, or any other method of screen scraping or the like.
3. The Services
Flare offers price comparisons for transportation services available in your region.
Flare does not provide the actual transportation services and Flare is not a transportation carrier. It is up to the third party transportation provider, driver or vehicle operator (“Third-Party Operator”) to offer transportation services which may be arranged through use of the Services. Flare offers information and a method to obtain such third party transportation services but does not and does not intend to provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability for any transportation services provided to you by such third parties.
3.2 Price comparison and booking of transportation services
3.2.1 By using our Services you can compare prices for transportation services offered by Third-Party Operators in your region and book the relevant means of transportation. The Third-Party Operators available for booking and price comparison may vary depending on the region in which you are located at the time of performing the search. Flare does not guarantee that all Third-Party Operators available in your region will be included in the Services.
3.2.2 Our price comparison is based on a prediction model that includes distance of the trip, price surges applied by Third-Party Operators as well as actual traffic conditions. The indicated price is a calculation based on our predictive model and while we strive for maximum price accuracy based on our technology, the actual price may vary depending on external circumstances (such as the actual length of your ride, accidents along the selected route, a different route chosen by the driver etc.). Consequently, you acknowledge and agree that the indicated price is not necessarily the actual price to be paid to the Third-Party Operator and that Flare, does not assume any liability for any deviations between the indicated price and the actual price paid to the Third-Party Operator.
3.2.3 If you have selected a Third-Party Operator, you may book the respective transportation services offered by such Third-Party Operator from within our app. Depending on the Third-Party Operator, the booking may be done directly within our app, or you may be redirected to the Third-Party’s Operator booking site or app. The contract for the provision of the transportation services is concluded exclusively between you and the Third Party Operator. The terms and conditions of the respective Third-Party Operator will apply and you are under an obligation to pay the Third-Party Operator for transportation services provided to you in accordance with their respective terms and conditions and pricing policies.
3.2.4 In order to book some Third-Party Operators’ transportation services, you may be required to register for an account with such Third-Party Operator and/or to install the relevant app. Whether you register for an account with such Third-Party Operator is solely your responsibility and Flare is neither required to open such an account for you nor to assist you in doing so.
3.3 Payment and Fees for price comparisons and booking of transportation services via Flare
3.3.1 Opening a user account with Flare and using the comparison services is not subject to a fee.
3.3.2 Booking a transportation service with a Third-Party Operator via Flare is not subject to a fee. For the avoidance of doubt, the user is required to pay the Third-Party Operator in accordance with its terms and conditions and pricing policies.
4. Term and termination
The user contract concluded between you and us once you register your account is valid until terminated in accordance with these Terms.
4.2.1 You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your right to use the Services. We are entitled to cancel your user account stating any reasons by giving two (2) weeks' notice.
4.2.2 The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user account and/or suspend the Services with immediate effect if you materially or repeatedly breach the provisions of these Terms.
5. Statutory right of withdrawal
5.1 Right of withdrawal
In relation to your user contract with Flare, you are entitled to the following right of withdrawal.
You have the right to cancel the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract.
To exercise your right of cancellation you must send us:
Flare Technologies GmbH Lichtenbergstr. 8
E-Mail: firstname.lastname@example.org Telephone: +49 1520 7157639
an unequivocal notification (e.g. a letter sent by post, a fax or an email) of your decision to cancel the contract. You can use the attached model cancellation form for this, but you are not obliged to do so. You can also complete the model cancellation form (Refund request) and submit it electronically. If you use this option, we will send you immediate (e.g. via email) acknowledgement of the receipt of such cancellation. To meet the deadline for cancellation it is sufficient to send us the notification of your wish to exercise your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your cancellation of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund.
If you asked for the services to start during the cancellation period you must pay us an appropriate amount, equal to the proportion of the services that have already been provided by the time you inform us that you are exercising your right to cancel this contract compared to the full scope of the services covered by the contract.
End of the cancellation policy
5.2 Lapse of the right of cancellation
In the case of a contract for the provision of services the right of cancellation lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of cancellation if we had completely fulfilled the contract.
In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of cancellation also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of cancellation once we had begun to perform the contract.
5.3 Model form for your cancellation
If you would like to cancel the contract then please print this form out, complete it and return it to:
Flare Technologies GmbH Lichtenbergstr. 8
E-Mail: email@example.com Telephone: +49 1520 7157639
I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service (*)
Ordered/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) Date
(*) delete as appropriate
As set out in section 3.1, Flare does not provide the actual transportation services. Further, Flare does not conduct any background checks on Third-Party Operators or users of the Services, e.g. Flare does not check for quality and/or safety standards of Third-Party Operators or the identity of individual users. As a result, we have no control over the quality or safety of the transportation that occurs as a result of using our Services; nor do we have any control over the truth or accuracy of other users’ information. We also cannot ensure that a driver or other user of our Services is who he or she claims to be or that a driver or other user of our Services will actually complete an arranged service.
Consequently, we do not assume any liability for (i) any harm caused in whole or in part by a third party, including but not limited to another user of the Services, (ii) any statements, conduct or omissions of any user, driver or other third party on our Services and (iii) your or anyone else’s conduct or acts in connection with the use of the Services, including without limitation from interactions with other users of our Services or persons introduced to you by our Services.
6.2 Limitation of Liability
6.2.1 In case of damages or losses due to our wilful conduct or gross negligence or the absence of a guaranteed feature our liability is not limited.
6.2.2 If we breach a material contractual obligation as a result of slight negligence, our liability is limited to the reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.
6.2.3 Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.
6.2.4 Otherwise, our liability is excluded.
6.3 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
6.4 Product liability
Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.
6.5 No guarantee
We assume no guarantee with regard to our Services unless we have in an individual instance given a written pledge identified as a guarantee.
6.6 Availability of Service
The Services may be temporarily unavailable from time to time for maintenance or other reasons. We do not assume liability for such temporary unavailability.
7. Intellectual Property Rights
The format and content of our app, website and our Services are protected by international copyright and Flare reserves all of its rights in relation to its copyright whether owned or licensed to Flare. All rights to any registered and unregistered trademarks (whether owned or licensed to Flare) which appear in the context of providing the Services are reserved.
8. Content of the Site provided by the User
By displaying or providing content within our Services, users expressly grant a licence to Flare to display the content and to use it for providing the Services.
9. Responsibility for User Content and use of the Services
9.1 Disclaimer of responsibility for user content
You are solely responsible for content that you share within our Services. We accept no responsibility for this content, nor do we monitor it.
9.2 Compliance with statutory provisions
When using our Services you are obliged to comply with all laws and other legislation applicable to you within the territory in which you are residing or located when using the Services. Regardless of whether or not it constitutes a criminal offence, it is prohibited to share content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights).
We are entitled to delete or remove any content that is unlawful or that infringes the above- mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 4.2.1.
If you infringe the principles mentioned in clause 9.2 with fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and any other claims.
10. Personal Data
11. Changes to these Terms
We reserve the right to change or modify these Terms with future effect. We will advise you of the changes by email no later than two (2) weeks before the new version of the Terms are scheduled to enter into force. If you do not object to the validity of the new Terms within such period and continue to use the Services, then the new Terms will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.
12. Final Provisions
12.1 Applicable law
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
12.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these Terms have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
12.3 Language of the contract
The language of the contract is English.
12.4 Severability clause
Should any individual provisions of these Terms be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
13. Information about the Supplier
Flare Technologies GmbH Lichtenbergerstr. 8
Eingetragen beim Amtsgericht München unter HRB 225900 VAT-ID: 14313731600
Geschäftsführer: Till Henning Helmbrecht E-Mail: firstname.lastname@example.org
14. Option to save and review the contract language
These Terms may be reviewed by you. If you would like to save a permanent copy of these Terms on a data carrier, you can download them as a "pdf" file free of charge. Please consult your web browser's help documentation if you need help with saving the file. To open a "pdf" file you may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files. You can review any further contractual information and data in your user account.
Terms and conditions v1.0 (July 2016)