§ 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: +49 541 350 263 23, E-Mail: firstname.lastname@example.org, website:
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.
between Lambus and the user for the use of the services of the Travel
recognised unless Lambus agrees to their validity in writing.
4 The app is offered in German. Thus, the contractual language is German.
Lambus stores the text of the contract after conclusion of the contract
website https://www.lambus.com in printable version. They can also be viewed
within the app under "Settings > Legal > General Terms and
only beneficial to the user, if there is a need for amendment due to
certain legal requirements or supreme court rulings, a court ruling or an
official decision against Lambus as well as in the case of technical
revisions of the app or product enhancements that require an amendment to
in text form (e.g. by E-mail) at least six weeks before the planned
The user's consent shall be deemed to have been granted if he or she has
not objected to their validity towards Lambus by the planned date of
amendment. Users who do not agree with the changes may terminate the
contract with Lambus at any time - not only before the planned date of
change, but also thereafter. The user will be separately informed again by
Lambus within the notification of the intended changes that his silence is
seen as agreement to the changes and that he can terminate the contract of
on the website and in the app.
§ 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
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
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
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
email@example.com 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
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
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
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.
2. Without prejudice to any further rights (in particular the immediate
extraordinary termination without notice and the assertion of claims for
by taking appropriate measures such as the temporary or complete deletion
of content, a warning, blocking or other restrictions on the use of the
App. Lambus shall select the measure with consideration of all relevant
issues, in particular the severity of the infringement and the degree of
fault, liability risks, etc., and shall not be liable for any loss or
damage arising from the use of the App. The user him- or herself shall
immediately remove any content for which there is a justified suspicion of
an infringement, but shall also be obligated to do so if Lambus requests
him or her to do so. In addition, the user shall inform Lambus of any
content that could violate the law and cooperate in the clarification of
attacks by third parties on the App, to the extent that such cooperation by
the user is recognisable and necessary.
§ 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.
2. In addition, Lambus endeavours to continuously adapt the App to the
current technical requirements. Lambus therefore reserves the right to make
changes to adapt the system to the state of the art, to optimize the
system, in particular to improve user-friendliness and to change content,
if the latter is necessary to correct errors, to update and complete the
app or to optimize the program. If this results in necessary changes to the
§ 12 Duration of Contract and Termination
of the user is concluded for an indefinite period of time. The contract for
the trial version ends 30 days after the download of the app without any
2. The contract can be terminated by the user at any time by sending a
corresponding message to firstname.lastname@example.org 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
5. Notices of termination require text form (e.g. by E-mail) to be
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
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.