§ 1 General Regulations
1. The operator of the travel planning plattform "Lambus" is Lambus GmbH with its registered office at Albert-Einstein-Str. 1 in 49076 Osnabrück (hereinafter referred to as "Lambus"), represented by the managing director Hans Knöchel, entered in the commercial register of the Osnabrück Local Court under the registration number HRB 213167, VAT identification number DE321800863, telephone: +49 541 4065 99 77, E-Mail: email@example.com, website: https://www.lambus.com.
2. The Travel Planning App (hereinafter also referred to as "App") is intended exclusively for persons who make use of the services offered by Lambus as consumers and have reached the age of 18 (hereinafter referred to as "User"). A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB). Persons under the age of 18 are not permitted to use Lambus.
§ 3 Subject Matter and Functionalities of the "Lambus" app
1. General Functionalities
The app offers registered users the possibility to organize a trip for themselves and others, to coordinate the trip with friends and other users and to share the trip with other friends in an informative way.
The registration of the user is required for the full use of the app. The following functionalities are then available to the user via the app:
- Creation of a trip for him- or herself and other travel participants,
- Determination of waypoints on the journey with dating of the expected length of stay or the date of stay,
- Marking of highlights (e.g. restaurants, museums, etc.),
- Determination of a travel route via different waypoints, which can be seen under the "Travel plan" tab,
- Management of photos and travel documents by uploading them to the app and allowing the user and other fellow travelers to access them,
- A list of private and joint travel expenses that are also visible to the other participants, with the possibility of billing and settlement via payment services (e.g.PayPal),
- Renaming of the trip if the destination is changed,
- The possibility of not participating in the trip or its planning at any time via the "Leave Trip" tab.
If the user leaves a trip, the contents (especially photos and travel documents) uploaded by him or her during his or her participation will be deleted.
2. Function "Add Participant“
If the user has created a trip or is a participant of a trip, it is possible to add other users as participants to this trip. Since the users of the app are not visible to each other, the knowledge of the username of the user is not required. The invited user will then receive a notification that he or she has been invited by the other user to participate in the respective trip. If the invited user accepts the invitation, he or she will be added to the trip as a participant and can make use of the possibilities of the app listed above under § 3 paragraph 1.
3. Function "Invite Friends“
The user can invite friends to the app so that they can participate in the user's journey. Lambus generates a link for the user, which he or she can either forward to his or her friends by e-mail or messenger service, or the user enters the e-mail address of the respective person.
If the user enters the e-mail address of a friend in order to invite him or her to the app, the user ensures that he or she is entitled to use this e-mail address and the information provided to Lambus. Lambus will then send the invitation e-mail to the e-mail address stated. However, this only occurs if the user has confirmed that the person invited by him has previously consented to receive the invitation e-mail.
The invited person can register with the app within 30 days after receiving the invitation message or e-mail via the generated link. Within this time frame the link is active and leads the invited person directly to the app in the respective App Store.
§ 4 Conclusion of Contract: Trial Version and Registration with User Account
1. 30-day trial version without user account
Without an own user account a test use of the app is possible within 30 days. The user contract for the trial version is only concluded for a maximum period of 30 days beginning with the download of the app. The confirmation sent to the user's e-mail address represents the acceptance of the contract offer, which constitutes the contract for the trial version. Within this period, a trip can be created and waypoints can be added on the trip. A cooperative travel planning with friends and other travel participants as well as a distribution of travel costs and further functionalities described under § 3 (1) are not available without a full user account. If no registration is completed within the 30 days, all data collected during this time will be irretrievably deleted after the test phase. The user will be informed of this again separately during the test phase.
2. Registration with Full Usage
Full use of the app is only possible for registered users with a personal user account. For this purpose, the user must register either at the first start of the app or during the test phase via the "New Account" tab and by entering a user name of his or her choice, first and last name, e-mail address and a password of his or her choice.
The user has the opportunity to correct his or her details at any time during the registration process before clicking on the "Create account" button. The user hereby submits an offer for the conclusion of the user contract with full usage of the app. Lambus accepts the offer only by providing the user account.
After receiving the user's offer, Lambus will send a link to the e-mail address provided by the user requesting confirmation of the user's e-mail address. The registration process and the contract are only concluded with the confirmation of the user.
The user name and password serve as access data. The registration and full access to the app takes place after entering the access data.
In addition to registration with user name and password, registration can also take place using the access data stored by the user on Facebook or Google, provided the user has a Facebook account or a Google account.
3. Free use of the App
The use of the app is provided by Lambus free of charge.
4. Modification of the Profile Data
If the user is logged in, he or she can view and change the data specified under paragraph 2 under "Settings" - "Edit profile". In addition, the user can deposit a profile picture, name his or her gender and his or her PayPal e-mail address and the PayPal user name.
§ 5 User Service
If you have any questions about the app, Lambus can be reached at the contact details listed under § 1 (1) and at the e-mail address firstname.lastname@example.org from Monday to Friday from 9:00 to 17:00 (excluding national holidays and public holidays in Lower Saxony). General questions will also be answered in the app under "Help & FAQ".
§ 6 Use of PayPal to compensate Community Travel Expenses
1 Lambus integrates the payment service provider PayPal into the app. PayPal is operated by PayPal (Europe) S. à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. If users have a PayPal customer account, they can use PayPal to offset the travel costs entered by other users against each other.
2. The users are responsible for the indication of the community travel costs made in the app and their compensation among themselves. Lambus has no influence on the correctness of the information provided nor on the successful execution of the payment settlement.
§ 7 Liability of Lambus
1. Claims of the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lambus, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose observance the contractual partner regularly relies and may rely.
2. In the event of a breach of essential contractual obligations, Lambus shall only be liable for the foreseeable damage typical of the contract if this was caused negligently, unless the user's claims for damages are based on injury to life, body or health or on other damage caused by an intentional or grossly negligent breach of duty by Lambus, its legal representatives or vicarious agents.
3. The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of Lambus if claims are asserted directly against them.
4. The provisions of the Product Liability Act shall remain unaffected. The same applies in the event of fraudulent intent on the part of Lambus or in the absence of a quality of service guaranteed by Lambus.
§ 8 Duties of Conduct of the User
1. The user is obligated to keep his or her provided information for the registration up to date during the term of the contract and to update any changes immediately.
2 The user is obligated to treat his access data confidentially. If the user enables third parties to access his or her user account intentionally or negligently, he or she is liable for the conduct of these third parties and thus also for any claims arising from this use, in particular compensation for damages and expenses.
3. The user is initially responsible for any information and content published by the user about him- or herself or his or her fellow travellers. The user is aware that the contents posted by him or her give conclusions about his or her circumstances of life, such as, in particular, his or her travel and place of residence.
4. When using the app and, in particular, when providing content by the user, compliance with applicable law is the user's essential duty. Therefore the following applies to the use:
a. It is explicitly forbidden for the user and the user is obligated to refrain from a use which
- is in violation of the law
- infringes the rights of third parties, in particular industrial property rights (trademarks, designs, etc.), copyrights, ancillary copyrights or personal rights. This applies in particular to rights to content of any kind posted by the user and racist content of any kind.
c. The user is obligated to refrain from the following activities on or by means of the App:
- Any use for his or her own commercial or professional purposes,
- Any advertising approach to users, in particular the mass sending of messages,
- Objectively harassing private messages or contributions,
- Measures which may restrict or interrupt the operation of the App or cause a disproportionate load on the infrastructure,
- Exchange or disclosure of passwords or other confidential information and links to content of any kind that is manifestly unlawful,
- Automated or manual collection of data (data scraping, data mining),
- Bypassing security measures, suppressing, modifying or intercepting foreign data,
- Spreading malicious software (e.g. viruses).
§ 9 Rights of Lambus in the Event of Infringements by the User
1. The user undertakes to indemnify Lambus against any claims by third parties based on an infringing use of the travel planning app by the user. This includes any damages as well as reasonable costs and expenses, in particular the necessary costs of legal defence. The user undertakes to inform Lambus immediately of any claims by third parties based on illegal use of the app or his user account.
§ 10 Permission of Use and Granting of Rights by the User
1 The app offers users the possibility to upload their own information and content, especially photos and travel documents. The user agrees to the use of such content within the framework of the App and the functionalities offered therein in accordance with § 3, in particular with regard to the access of other participants of a trip to the content posted by him.
2. The user grants Lambus the right to reproduce, publish and make publicly accessible within the App, in physical and non-physical form only in connection with the functionalities offered by the Travel Planning App, including the right to edit as far as this is technically necessary, and to license this information and content to third parties in the form of other users in the same form, free of charge, limited in time and space for the duration of the contract of use.
3 With regard to any claims by Lambus in connection with claims asserted by third parties, § 9 (1) and § 9 (2) shall apply mutatis mutandis.
§ 11 Availability and
Authorisation to modify the Technical System
1 Lambus strives for a high average availability of the app. However, the user acknowledges that uninterrupted availability is not technically feasible. Interruptions of the Internet that cannot be influenced by Lambus or other circumstances for which Lambus is not responsible, in particular those based on force majeure, as well as regular and unscheduled maintenance work on the database system to eliminate malfunctions, can lead to a temporary interruption or malfunction of the app.
§ 12 Duration of Contract and Termination
2. The contract can be terminated by the user at any time by sending a corresponding message to email@example.com or by sending an informal message to one of our Lambus contact details listed under § 1.
3. Lambus may terminate the contract with two weeks' notice to the user.
4. The right to extraordinary termination remains unaffected for both parties.
5. Notices of termination require text form (e.g. by E-mail) to be effective.
6. Lambus reserves the right to terminate the user account after 5 years of continuous inactivity with a notice period of one month to the end of the month.
7. Lambus points out that the user him- or herself is responsible for securing the content and data entered in the app (in particular the photos, travel documents and details of travel expenses incurred), as these are irretrievably deleted by Lambus upon termination of the user contract - subject to the data required to fulfil statutory storage obligations.
§ 13 Notes on Dispute Resolution
The European online dispute settlement platform can be accessed at the URL http://ec.europa.eu/consumers/odr . Lambus is not prepared or obliged to participate in dispute resolution proceedings before an arbitration body under the Consumer Dispute Resolution Act (VSBG). However, Lambus will use its best endeavours to resolve a possible dispute with the user and thus avoid legal action.
§ 14 Applicable Law
1. The law of the Federal Republic of Germany shall apply.
2. If the user in his capacity as a consumer has his habitual residence in a state other than the Federal Republic of Germany at the time of the conclusion of the contract, German law shall also be applied, whereby the mandatory provisions of the state in which he or she has his or her habitual residence shall remain unaffected.