Allgemeine Geschäftsbedingungen

Preamble

MUVN Mobility GmbH, registered in the commercial register of the Hamburg Local Court under HRB 190492, business address: Baakenallee 74, 20457 Hamburg ("MUVN"), provides a platform at www.muvn.de and via the MUVN app through which Users can conclude contracts for transport services ("Platform").

Users of the Platform may be either consumers within the meaning of § 13 BGB or entrepreneurs within the meaning of § 14 BGB. These General Terms and Conditions ("GTC") contain individual provisions which, in accordance with the statutory consumer protection requirements, apply exclusively to consumers or exclusively to entrepreneurs. Insofar as the provisions do not contain an explicit rule regarding their scope of application, they apply equally to all Users.

Users may be either natural persons or legal entities. Insofar as the responsibilities and obligations of the User under these GTC can only be fulfilled by natural persons, their fulfilment in the case of a legal entity is incumbent upon the legal representatives, employees or vicarious agents of the User.

MUVN enables Users to access and use the Platform exclusively on the basis of these GTC. These GTC govern the relationship between MUVN as the operator of the Platform and the Users registering on the Platform among one another. For the sake of simplicity, the masculine form is generally used in these GTC; however, all genders are meant equally.

§ 1 Conclusion of the User Agreement

1.1 A "User" is anyone who has effectively concluded a User Agreement with MUVN through the registration process described below. In order to conclude a transport contract via the Platform, registration as a User and creation of a user profile are required. Listings on the Platform can also be viewed without registration.

1.2 Use of the Platform is only permitted if the User or, in the case of a legal entity, the representative of the User is fully legally competent and at least 18 years old. If the User is deemed a consumer within the meaning of § 13 BGB, they may only register in their own name. Each User may create only one user profile on the Platform.

1.3 If a User is a consumer pursuant to § 13 BGB, the User must complete a verification process carried out by our partner Stripe Payments Europe, Limited, registered with the Irish Companies Registration Office under registration number 3206488LH ("Stripe"), in order to ensure security and trust on the Platform. In the course of the verification process, the User is requested to identify themselves with their driving licence or identity card. The User can initially skip the verification process during registration by clicking the "Do it later" button. However, they can only send goods via the Platform once they have verified themselves with their identity card or driving licence beforehand. A User can only carry out rides once they have verified themselves with their driving licence.

1.4 In the course of the registration process, if the User is a consumer pursuant to § 13 BGB, they must provide their first and last name, their date of birth and their contact details (email address and telephone number). If the User is an entrepreneur pursuant to § 14 BGB, the company name and the address of the business, the first and last name of the legal representative as well as the first and last name and the contact details (email address and telephone number) of a contact person must be provided. The User Agreement regarding the Platform ("User Agreement") is concluded upon the User submitting the registration form and upon receipt of the subsequent confirmation email from MUVN. The User is obliged to provide truthful information in their profile and to keep it up to date. They must inform MUVN without delay of any changes to personal data, including data required for the use of the booking and payment system.

1.5 By registering and the associated consent to our GTC, the User also accepts being informed about new rides and transport requests posted on the Platform. This information is not communicated via a traditional newsletter, but directly through notifications to the User's account on the Platform or via push notifications from the MUVN app. Users can adjust their settings for receiving these notifications at any time in their profile. Transport offers from drivers and transport requests from senders remain active up to 48 hours after the time set for the ride and are subsequently archived.

1.6 During registration, the User may freely choose their password. The User is obliged to keep their password secret and to ensure that access to the Platform is only made by authorised persons.

1.7 Users who are deemed entrepreneurs within the meaning of § 14 BGB are obliged to disclose their commercial activity both to MUVN and to all other Users. The disclosure is made by answering the corresponding question within the registration form and the subsequent publication of the answer on the profile of the respective User.

1.8 On the profile of a User who is deemed a consumer pursuant to § 13 BGB, their first name as well as the first letter of their last name are visible to all other Users at all times. In the course of concluding a transport contract (as defined below), the full name (i.e. first and last name) then becomes visible to the contractual partner in each case. For entrepreneurs within the meaning of § 14 BGB, the full company name is visible at all times, even without the initiation of a contract.

§ 2 Description of the Platform's services

2.1 MUVN provides the Users of the Platform with an independent portal which, on the one hand, enables Users to post transport services with specific details such as the place of departure and arrival, the time of departure, the type of vehicle as well as the available cargo space. The transport service may relate exclusively to the carriage of goods ("Goods"); the conclusion of passenger transport contracts via the Platform is not permitted. On the other hand, the Platform offers Users the possibility to post transport requests with information on dimensions, weight as well as the place of origin and destination and images of the Goods. ‍Users can send targeted requests and make bookings. The automatic matchmaking system identifies matches between available rides and transport requests. It takes into account offered routes and asks Users whether they are willing to take detours.

2.2 Use of the Platform is free of charge. A payment obligation only arises upon the conclusion of a transport contract between a User as a provider of a transport service ("Driver") and a User as the party entitled to the transport service ("Sender", the contract concluded between Driver and Sender being the "transport contract").

2.3 The Driver and the Sender are themselves responsible for any required taxation and customs clearance of the Goods. MUVN does not carry out any corresponding legal and/or tax review and advice.

2.4 Drivers who carry out rides in the course of their professional activity must check the permissibility of such rides themselves and independently obtain any required permissions, for example from their employer or an insurer.

§ 3 Conclusion of transport contracts, commission

3.1 The User can conclude transport contracts via the Platform exclusively with other Users. MUVN does not itself become a party to the transport contracts but merely brokers them. The mutual rights and obligations arising from the transport contract exist between Driver and Sender.

3.2 MUVN enables the logging of all relevant processes in connection with the conclusion and execution of the transport contract. It is incumbent upon the Users to carefully check offers and acceptances for their correctness.

3.3 The publication of a transport offer on the Platform by a Driver constitutes a legally binding offer to a potential Sender. A legally binding transport contract is concluded when a Sender accepts the Driver's transport offer. A Sender may also submit a counter-offer, which in turn may be accepted by the Driver. Likewise, the publication of a transport request on the Platform by a Sender constitutes a legally binding offer to a potential Driver. In this case, a legally binding transport contract is concluded when a Driver accepts the Sender's transport request. Here, the Driver may submit a counter-offer, which in turn may be accepted by the Sender. In any case, upon the conclusion of a transport contract, the Driver and Sender receive a booking confirmation with the relevant information about the concluded transport contract.

3.4 The transport contracts concluded via the Platform are subject to the applicable law, in particular §§ 453 ff. HGB and the German Freight Forwarders' Standard Terms and Conditions (ADSp), insofar as applicable or contractually agreed between the parties (e.g. by inclusion in an offered ride or a posted transport request).

3.5 Users who are deemed entrepreneurs within the meaning of § 14 BGB are responsible for compliance with all statutory provisions applicable to them and for obtaining all permits, approvals, etc.

3.6 Furthermore, with regard to transport contracts between a User who is deemed a consumer pursuant to § 13 BGB and a User who is deemed an entrepreneur pursuant to § 14 BGB, the following must be observed: Anyone who, as an entrepreneur within the meaning of § 14 BGB, concludes a transport contract with a consumer within the meaning of § 13 BGB is responsible for equally complying with the consumer protection provisions that apply to them by operation of law, independently of the brokering through the Platform. In this respect, it is irrelevant whether the entrepreneur acts on the Driver or on the Sender side. MUVN also does not carry out any review of compliance with the mandatory consumer protection provisions.

3.7 The offering of the Platform does not create an employment relationship between MUVN and the Users. With regard to the contractual relationship between Driver and Sender, they are themselves responsible for obtaining legal advice on any labour-law, trade-tax and other legal implications.

3.8 For brokering a transport contract, MUVN receives a commission which is composed of a fixed fee in the amount of EUR 3,00 ("Fixed Fee") as well as a variable fee in the amount of 8 % of the transport fee agreed between Driver and Sender ("Variable Fee") (the Fixed Fee and the Variable Fee together being the "Service Fee"). These fees are transparently displayed during the booking process and must be confirmed by the Users in order to effectively conclude the transport contract via the Platform. The Service Fee is to be paid by the Sender.

3.9 Transport contracts can be cancelled by the Users on the Platform or in the app by pressing the "Cancel" button. The following cancellation provisions must be observed:

3.9.1 In the event of a cancellation by the Driver, the Sender is refunded the entire amount paid, i.e. including the Service Fee and – insofar as they have taken out the transport insurance with "Premium Protection" (see § 4 para. 2) – the insurance fee. This applies in particular if the Driver has not arrived at the meeting point 15 minutes after the agreed time.

3.9.2 Cancellation by the Sender:

• In the event of cancellation by the Sender more than 24 hours before the planned transport: The agreed transport fee less the Service Fee is refunded. Furthermore, they receive a refund of the insurance fee – insofar as they are deemed a consumer within the meaning of § 13 and have taken out the transport insurance with "Premium Protection" (see § 4 para. 2).
• In the event of cancellation by the Sender within 24 hours before the planned transport, 50 % of the agreed transport fee less the Service Fee is refunded; 50 % of the transport fee is paid to the Driver as compensation. Furthermore, the Sender is refunded 50 % of the insurance fee – insofar as they are deemed a consumer within the meaning of § 13 and have taken out the transport insurance with "Premium Protection" (see § 4 para. 2).
• If the Sender fails to appear at the meeting point without prior cancellation: The Driver receives 50% of the agreed transport fee as compensation. The Service Fee and – insofar as they are deemed a consumer within the meaning of § 13 and have taken out the transport insurance with "Premium Protection" (see § 4 para. 2) – the insurance fee are retained.

§ 4 Conclusion of a transport insurance

4.1 If the Sender is deemed a consumer within the meaning of § 13 BGB, they may, simultaneously with the conclusion of a transport contract and without additional fees, make use of a transport insurance concluded by us through our partner OSKAR SCHUNCK GmbH & Co. KG, registered in the commercial register of the Munich Local Court under HRA 46500, Englschalkinger Str. 12, 81925 München ("Schunck"). The Sender then receives the "Basic Protection" under the Basic Protection insurance conditions applicable at the time of conclusion of the transport contract, which are viewable and retrievable during the contract conclusion process. Under the Basic Protection, the Sender's Goods are insured up to an amount of EUR 250,00.

4.2 Furthermore, the Sender, if deemed a consumer within the meaning of § 13 BGB, may, upon conclusion of a transport contract and against payment of an insurance fee of EUR 6,00, make use of a transport insurance with "Premium Protection" that goes beyond the Basic Protection. In this case, the Premium Protection insurance conditions apply, which are viewable and retrievable during the contract conclusion process. Under the Premium Protection, the Sender's Goods are insured up to an amount of EUR 1.000,00.

4.3 The Sender must assert all claims in connection with the transport insurance against SCHUNCK. The handling of claims is carried out taking into account the agreed insurance conditions and exclusively by the insurer. A claim can be reported via the online claims form of OSKAR SCHUNCK GmbH & Co. KG.

4.4 Users who are to be regarded as entrepreneurs pursuant to § 14 BGB are advised to insure themselves appropriately for the services under this contract. No insurance is provided via the Platform or via MUVN.

§ 5 Use of storage space

Both Drivers and Senders generally have the option of renting storage space for the Goods via the Platform; this option exists whenever storage space is available. To do so, the User can access the details of the storage space via a link offered in the course of concluding a transport contract. The fees for the storage space depend in particular on the size of the Goods and the duration of storage. MUVN is the broker of the storage space; its use is subject to the general terms and conditions or rental conditions of the respective provider (landlord) of the storage space. The fees incurred upon conclusion of a storage contract are processed by Stripe (see § 7).

§ 6 Execution of the transport contract

6.1 The carriage of goods within the framework of the transport contracts concluded via the Platform is permitted exclusively in vehicles which the Driver is lawfully entitled to use.

6.2 Goods to be transported must be packaged by the Sender before transport in such a way that they are adequately protected against usual damage. In doing so, the particularity and nature of the Goods must be taken into account. The Sender is liable for damage to the Goods, to the vehicle or to other legal interests of the Driver that arise due to improper packaging or Goods that breach the contract. The Driver must ensure that the Goods are sufficiently secured during the ride.

6.3 Driver and Sender should arrive at the meeting point no later than five minutes before the agreed time. Both Users undertake to wait at the meeting point up to 15 minutes after the agreed time if the other User has not yet appeared. If a delay is to be expected, the other User must be informed in good time via the contact information provided (telephone number, messaging system or email). If one of the Users does not appear at the agreed meeting point even after a waiting time of 15 minutes, the transport contract is deemed cancelled pursuant to § 3 para. 10.

6.4 The Driver is responsible for collecting the Goods to be transported from the pickup location and delivering them at the destination. Unless otherwise agreed between Driver and Sender, Goods are to be collected at the curbside and delivered at the curbside. From the moment the shipment is taken over, a cancellation of the transport contract pursuant to § 3 para. 10 is no longer possible.

6.5 Upon taking over the Goods, the Driver must take a photo of the shipment, as well as record the name and signature of the Sender, likewise capture them by means of a photo and upload them to the Platform; likewise, upon delivery of the shipment to the recipient, the recipient's name and signature as well as the shipment must be photographed and uploaded to the Platform.

§ 7 Payment processing

7.1 ‍‍The payment of the transport fee agreed between Sender and Driver is made exclusively via the Platform. Direct payments outside the Platform, including partial payments, are not permitted.

7.2 For the secure online payment of the remuneration agreed between the Users, MUVN cooperates with Stripe. Users can choose from various online payment methods provided by Stripe. MUVN reserves the right to introduce additional payment methods or abolish existing ones. The currently available online payment methods and details of the payment process can be viewed directly on the Platform. Depending on the payment method chosen, Stripe assumes different tasks in the preparation or execution of the payout.

7.3 The payments are processed by Stripe, which charges the Sender's credit card or makes the debit from the Sender's specified bank details. The transport fee is transferred to the Driver's account as soon as the handover of the Goods to the recipient has been reported by the Driver on the Platform and confirmed by the Sender. If the Sender does not confirm the transport service on the Platform within 24 hours and does not object to the successful execution of the transport contract, the confirmation is deemed to have been granted. If the Driver does not report the handover of the Goods to the recipient within 14 days after the agreed transport date, the transport fee is transferred back to the Sender. Any claim of the Driver lapses.

7.4 The Driver receives the ride amount less the applicable transaction fees. The amount of the transaction fees depends on the payout method chosen in each case and the conditions of the payment service provider used by MUVN. The respectively applicable fees are transparently taken into account in the course of the payout. Further information on the fees can be found at: https://stripe.com/en-de/pricing#standard-pricing

7.5 The payment options may vary depending on the country. In addition to the GTC of MUVN, the general terms and conditions of Stripe also apply, which are viewable and retrievable during the payment process. Users can find details on payment processing in the corresponding information area on the Platform. All claims in connection with the contract concluded between the User and Stripe when using the payment system exist exclusively between the User and Stripe.

§ 8 Display of rides and transport requests

8.1 In the default sorting, without entering a place of origin and destination, the most recent rides and transport requests (each a "Listing") are displayed at the top. This ranking by recency is intended to grant all Users the same opportunity for visibility.

8.2 MUVN enables Users to sort rides and transport requests according to various criteria. The order of the search results is then based on the following selectable parameters: origin, destination, frequency, cargo space of the vehicle. This setting enables a use of the Platform that can be adapted to the needs of the individual Users. If different Listings have the same parameters, these are in turn displayed sorted by recency.

8.3 In addition, MUVN can suggest certain rides and transport requests to Users through an automated system. In the selection of the recommended rides and transport requests, data of the respective User can play an important role, such as the User's previous search queries. Here, the planned route and the type or model of the vehicle used are taken into account with priority.

§ 9 Listings, moderation, reporting procedure

9.1 The Listings on the Platform serve exclusively for searching for and offering transport services. Listings on the Platform may not be created for other purposes.

9.2 Listings from Users are not checked by MUVN for completeness, correctness or up-to-dateness. MUVN does not assume any warranty for the completeness, correctness or up-to-dateness of the information in Listings created by Users. MUVN does not give Users any instructions regarding the transport fees to be offered or demanded for the transport or otherwise regarding the transport contracts. MUVN merely provides non-binding price recommendations in order to inform Users about the transport fees customary in the market.

9.3 MUVN reserves the right to delete Listings, not to publish them and to cancel transport contracts if they violate statutory provisions or these GTC. In such a case, the User has no right to the restoration of the Listing. In this case, the Sender is refunded any remuneration already paid.

9.4 The User is prohibited from creating Listings that contain

• advertising
• unlawful content
• political content
• content glorifying violence or harmful to minors;
• misleading or incorrect content
• pornographic content; or
• links to other websites

.

9.5 The User is further prohibited from searching in a Listing on the Platform for a transport service concerning the carriage of

• pharmacy items or items requiring a prescription;
• easily flammable or explosive goods, chemical or biochemical hazardous goods, radioactive or fissile materials including their waste products, hazardous waste, problematic substances;
• drugs and narcotics; or
• weapons and weapon accessories

, from creating such a Listing or from concluding a transport contract with such content.

9.6 MUVN reserves the right to temporarily or permanently block a User in the event of a violation of laws or these GTC. This also applies in the event that a User repeatedly directs incorrect reports about other Listings or Users to MUVN. In the event of a temporary or permanent block, MUVN will inform Users who are deemed entrepreneurs within the meaning of § 14 BGB of this circumstance 30 days before the block takes effect and will give reasons for this circumstance on a durable medium (e.g. email), provided that no compelling reasons preclude this. The aforementioned period does not apply insofar as the termination or permanent block is carried out due to mandatory statutory provisions or an official order or MUVN can prove that the User has repeatedly violated these GTC. Users may also be blocked or already be blocked by Stripe, as a result of which use of the Platform is no longer possible. In general, there is no right to be able to use the Platform or a created user account.

9.7 The decision on a User or content block is made manually by MUVN.

9.8 If a User has been permanently excluded by MUVN from using the Platform or if the User Agreement with the User has been terminated by MUVN, the User may not use the Platform even with other user accounts, including user accounts created for or by third parties, and may not register again for the Platform.

9.9 In the choice of measure, MUVN will take into account the legitimate interests of the affected User, in particular whether the User is not at fault for the violation. If MUVN takes one of the aforementioned measures, MUVN will, within the framework of the statutory obligations, inform the affected User of the measure and any legal remedies available to the User, together with reasons. The User may at any time direct a response to support@muvn.de in order to complain about the measure. All complaints are processed and reviewed and the result is communicated to the User. Should an erroneous decision have been made, this will be reversed after the review.

9.10 Listings and related content can be reported at any time, for various reasons specified on the Platform, in particular in the event of violations of these GTC or of laws, via the reporting function of the Platform or reported to MUVN at support@muvn.de. Reports are processed within five working days and may, after a review, lead to the deletion of the Listing. The respectively competent authorities are informed about reported criminal offences. The User also has the option of referring the individual case to an out-of-court dispute resolution body certified pursuant to Art. 21 Digital Services Act or to the competent court.

§ 10 Rating and sanction system

10.1 MUVN enables Users to submit ratings for their contractual partners after the conclusion of a contract. This is intended to ensure that particularly reliable and exemplary Users are appropriately recognised. Ratings are based on a 5-star system, whereby 1 star stands for poor and 5 stars for excellent performance.

10.2 In addition, there is a free text field for remarks, which are included in the profile of the rating recipient and are publicly visible. The ratings are displayed together with the number of rides and shipments carried out in the User's profile and thus provide information about their experience and reliability.

10.3 MUVN introduces various levels (Newbie, Explorer, Pro, Champion, Hero) which indicate whether the User has fully verified themselves on the Platform and how experienced they are. The experience is based on the number of transport contracts carried out and the age of the user account.

10.4 MUVN furthermore reserves the right to submit or moderate ratings itself, in particular if MUVN becomes aware of facts that justify this. In such a case, Users can contact MUVN in order to clarify the matter. MUVN will ensure that both parties, the rated and the rating User, can comment before MUVN makes a decision on deleting a rating. Insofar as a User has repeatedly or seriously violated their obligations from concluded transport contracts and has consequently received several negative ratings, MUVN reserves the right to block the User on the Platform and to terminate their User Agreement extraordinarily pursuant to § 16 para. 3.

11 Conflicts between Users

In the event of a conflict or disagreement between Users, they are obliged to actively participate in the clarification and resolution. The Users conduct the conflict resolution discussions independently, supported by the communication tools that MUVN provides on the Platform. MUVN does not carry out any dispute resolution or other conflict resolution in this respect, but merely provides the Platform on which the Users can exchange information.

§ 12 Rights to content

12.1 The Platform together with all graphics, designs, logos, images and the like contained and used therein as well as the underlying code are protected by copyright. MUVN grants the User the non-transferable, non-sublicensable and non-exclusive right to use the Platform within the scope set out in these GTC for an indefinite period and until revoked. Any use of the Platform beyond this is not permitted. In particular, the User is not entitled to modify, copy, translate, reproduce, rent, sell or otherwise exploit the Platform or the underlying code. Decompilation of the software, reverse engineering or other interference with the software in order to obtain the source code is not permitted.

12.2 In order to enable MUVN to provide the services on the Platform and in accordance with the purpose of the Platform, the User grants MUVN a non-exclusive licence to use the content and data provided by the User in the course of using the Platform, which includes Listings, requests, and the comments, photos, ratings and responses to ratings contained therein ("User Content"). The User authorises MUVN, for the entire duration of the User Agreement, to reproduce, display, adapt and translate User Content as follows:

• to reproduce User Content in whole or in part on any digital recording media, in particular on servers, hard drives, memory cards or other equivalent media, in any format and by all known or as yet unknown processes, insofar as this is necessary for storage, backup, transmission or download operations in connection with the operation of the Platform;
• to adapt and translate User Content and to reproduce these adaptations on all current or future digital media, as set out in the preceding point, in order to provide the Platform, in particular in different languages. This right includes in particular the possibility of making changes to the formatting of the member content while respecting the moral rights of the author.

12.3 Users who are deemed entrepreneurs within the meaning of § 14 BGB have, during the term of their User Agreement, access in the app to an archive in which the transport contracts carried out by them and planned for the future are stored. If the User deletes their user account, this data is deleted at the same time. The Stripe account of the respective User, on the other hand, is not automatically deleted. This must be deleted separately by the User on their own responsibility. The deletion of data associated with the deletion of the Stripe account is governed by the general terms and conditions of Stripe.

§ 13 Availability of the Platform

13.1 MUVN does not guarantee the continuous and error-free operation as well as the constant availability and accessibility of the Platform, since technical disruptions of the server or fluctuations in the access quality cannot be completely ruled out. Access to the Platform may be temporarily suspended without prior notice due to technical maintenance, migration or update operations or due to outages or restrictions.

13.2 The provision of the Platform requires the involvement of the services of third-party network operators. The availability of the Platform is therefore dependent on the technical provision of external services over which MUVN has no influence. MUVN is not liable to the User for any interruption, disruption or faulty transmission in connection with the free provision of the Platform.

13.3 MUVN reserves the right to change the Platform or parts thereof for some Users in order to test new functions and provide a better user experience, as well as to change or suspend access to the Platform or its functions in whole or in part, temporarily or permanently, at its own discretion.

§ 14 Liability

14.1 MUVN is liable without limitation for intent and gross negligence, as well as for damage arising from injury to life, body or health and under the Product Liability Act.

14.2 In cases of slightly negligent breach of a material contractual obligation, the fulfilment of which makes the proper execution of this User Agreement possible in the first place and on whose compliance Users regularly rely and may rely ("cardinal obligation"), MUVN is liable limited to the occurrence of the damage foreseeable at the time of conclusion of the contract and typically occurring. § 14 para. 1 remains unaffected.

14.3 Otherwise, unless expressly agreed otherwise, any liability of MUVN is excluded.

14.4 The foregoing liability provisions apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of MUVN.

§ 15 Cancellation policy

For Users of the Platform who are deemed consumers pursuant to § 13 BGB, the following applies:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us, Muvn Mobility GmbH, Baakenallee 74, 20457 Hamburg, by means of a clear declaration (e.g. a letter sent by post or an email to support@muvn.de) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, which is, however, not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we must repay to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

‍In the event of a withdrawal, this contract is terminated and the user account is deleted.

§ 16 Term, termination of the User Agreement

16.1 The User Agreement is concluded for an indefinite period.

16.2 The User is entitled to terminate the User Agreement at any time and with immediate effect. The termination may be made informally, for example by deleting the user profile via the settings menu on the Platform, or by an express declaration, for example by email to support@muvn.de.

16.3 MUVN is entitled to terminate the User Agreement for good cause with immediate effect. Good cause exists if the User violates material provisions of these GTC or statutory provisions and this results in MUVN losing trust in the User as a reliable contractual partner, and if the User does not remedy such a violation despite a prior warning or does not eliminate existing consequences of such a violation. Such violations are, for example, the grossly negligent or intentional damage to Goods to be transported or the repeated creation of Listings that contravene the requirements of § 9.

16.4 The right of termination pursuant to § 10 para. 4 remains unaffected.

16.5 If the User Agreement is terminated and the user account is deleted, the information provided or generated by the User is likewise deleted.

§ 17 Newsletter

MUVN has the right to inform Users by email about news (such as new features), promotions and offers (such as cooperations with benefits for Users). This includes information about the Platform as well as general information and offers from MUVN. The User is clearly and unambiguously informed, upon collection of the address and upon each use, that they can object to the use at any time without incurring any costs other than the transmission costs according to the base tariffs. The User can unsubscribe from the newsletter on the Platform at any time.

§ 18 Data protection

Reference is made to the respectively applicable privacy policy.

§ 19 Mediation, out-of-court dispute resolution

19.1 As a small enterprise within the meaning of the Annex to Recommendation 2003/361/EC, MUVN is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and does not participate voluntarily either. Consumers can submit complaints regarding the Platform on the dispute resolution platform provided by the European Commission (available at: Online Dispute Resolution | European Commission (europa.eu)).

19.2 MUVN also does not submit to any other out-of-court complaint or remedy procedure, in particular not to mediation.‍‍

§ 20 Final provisions

20.1 These GTC constitute the conclusive provisions for the offering of MUVN accessible under various domains. General terms and conditions of the Users have no validity with regard to the User Agreement, even if MUVN has not expressly objected to them.

20.2 Users who are deemed entrepreneurs within the meaning of § 14 BGB are informed by email of any change to these GTC planned by MUVN at the latest 15 days before the change takes effect. Exceptions apply only in cases of statutory obligations or to avert acute security risks.

20.3 Should individual provisions of the User Agreement or individual provisions of the present GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby. The same applies if a gap should subsequently emerge in the execution of the User Agreement or in the present GTC. In place of the invalid provision or the gap, the statutory provisions shall apply in this case.

20.4 The law of the Federal Republic of Germany applies exclusively, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the application of mandatory provisions, in particular of the State in which the User has their habitual residence as a consumer, remain unaffected; in this respect, the favourability principle pursuant to Art. 6 ROM I VO applies.

20.5 The contractual language is German. Only the German version of these GTC is binding.

20.6 Insofar as the User is a merchant within the meaning of the Commercial Code, a special fund under public law or a legal entity under public law, the place of jurisdiction for all disputes arising from the User Agreement is the registered office of MUVN.

§ 21 Contact point for authorities and Users

21.1 Members of EU or national authorities, the EU Commission or the European Board for Digital Services can contact MUVN pursuant to Art. 11 Digital Services Act in matters concerning the Digital Services Act by email at support@muvn.de.

21.2 Users of the Platform can contact MUVN at any time via support@muvn.de.

§ 22 Communication via WhatsApp

(1) WhatsApp as a communication channel

MUVN Mobility GmbH uses WhatsApp Business (operated by Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland) to transmit transactional messages, in particular order confirmations, status updates, driver assignments and service-related notifications. The technical provision of the WhatsApp channel is carried out via the authorized Meta Business Solution Provider 360dialog GmbH, Wallstraße 9–13, 10179 Berlin.

(2) Consent and opt-in

The use of WhatsApp as a communication channel requires the express consent of the User. Consent is obtained during registration or the booking process and can be revoked at any time with effect for the future – by sending the message “STOP” to the MUVN WhatsApp number. The revocation does not affect the lawfulness of the communication carried out up to that point.

(3) Scope of messages

Only factual, order-related or service-related messages are sent via the WhatsApp channel.

(4) Availability and liability

MUVN does not guarantee the availability of the WhatsApp service at all times. Disruptions or outages attributable to Meta or 360dialog do not give rise to any claim against MUVN.

(5) Notice regarding Meta terms of use

By using the WhatsApp channel, the User declares to have taken note of the terms of use of WhatsApp/Meta (available at www.whatsapp.com/legal). MUVN is not a contractual partner of the User with regard to the WhatsApp service itself.