Terms & Conditions

Movoway GmbH, [street and house number], [postal code] Düsseldorf (hereinafter “Movoway”), operates an internet-based brokerage platform at [www.movoway.de] and via the Movoway app. Through this platform, users can book services provided by legally independent third-party companies, in particular taxi and passenger transport services, the delivery of food and beverages, and the transport of goods. Movoway does not provide these services itself, but exclusively brokers them to the respective providers. The following terms and conditions govern the legal relationship between Movoway and users of the platform. § 1 Scope and Definitions 1.1 These General Terms and Conditions apply to the use of the “Movoway” brokerage platform operated by Movoway GmbH (website and app, hereinafter the “Platform”) by users. 1.2 Users within the meaning of these GTC are exclusively consumers. Pursuant to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. 1.3 For the purposes of these GTC, the following definitions apply: “Platform” means the Movoway website and app, including the associated services and functions. “User” or “Customer” means a consumer registered with Movoway. “Provider” or “Partner” means legally independent third-party companies (e.g. taxi and rental-car companies, food-service businesses, transport and courier service providers) whose services are brokered via the Platform. “Brokerage Agreement” means the agreement concluded between the User and Movoway regarding use of the Platform. “Main Agreement” means the agreement for the actual service brokered via the Platform, concluded between the User and the respective Provider. 1.4 These GTC shall apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the User shall not become part of the agreement unless Movoway has expressly agreed to their applicability in text form. 1.5 The version of these GTC valid at the time the respective agreement is concluded shall be authoritative. § 2 Subject Matter of Movoway Services; Role as Broker 2.1 Through the Platform, Movoway provides technical infrastructure that enables Users to contact Providers and book their services. The services brokered include in particular: (a) taxi and other passenger transport services; (b) the delivery of food and beverages; (c) the transport of goods (courier and transport services). 2.2 Movoway acts exclusively as a broker. Movoway does not itself provide, and does not owe, the transport, delivery or carriage services referred to in Section 2.1. Movoway does not maintain its own vehicles and does not employ drivers or couriers to perform these services. 2.3 The Main Agreement for the service booked in each case is concluded exclusively between the User and the respective Provider. Movoway does not become a party to this Main Agreement and assumes no warranty for its performance. 2.4 The Providers are solely responsible for the proper, complete and legally compliant performance of their services. This includes, in particular, holding all required approvals, concessions and permits (e.g. under the German Passenger Transport Act) and complying with all applicable statutory requirements. 2.5 Movoway does not guarantee any specific availability of Providers or the acceptance of a booking by a Provider. § 3 Registration and Customer Account 3.1 Use of the booking functions requires registration and the creation of a customer account. There is no entitlement to registration. 3.2 Only natural persons with full legal capacity who have reached the age of 18 are entitled to register. 3.3 The User is obliged to provide truthful and complete information requested during registration and to update it without undue delay in the event of changes. 3. 4 Login credentials must be kept confidential and protected against access by third parties. If misuse of the customer account is suspected, the User must inform Movoway without undue delay. 3.5 Only one customer account is permitted per person. The customer account may not be transferred to third parties. 3.6 Movoway is entitled to temporarily suspend or terminate the customer account if the User culpably breaches these GTC or statutory provisions, or if a legitimate interest of Movoway or third parties so requires. § 11 remains unaffected. § 4 Conclusion of Agreements 4.1 Upon confirmation of registration by Movoway, a free-of-charge Brokerage Agreement concerning use of the Platform is concluded between the User and Movoway. 4.2 The presentation of Providers and their services on the Platform does not constitute a binding offer, but rather an invitation to submit an offer (invitatio ad offerendum). 4.3 By submitting a booking via the button provided for this purpose, the User submits a binding offer to conclude the respective Main Agreement with the selected Provider. In accordance with § 312j para. 3 BGB, the button is labelled “order with obligation to pay” or with an equivalent unambiguous wording. 4.4 Movoway forwards the User’s offer to the respective Provider in its capacity as broker. The Main Agreement is concluded when the Provider accepts the booking. Acceptance takes place by express confirmation of the booking via the Platform or by commencement of performance. 4.5 An automatically generated confirmation that the booking has been received (acknowledgement of receipt) does not yet constitute acceptance of the offer unless the confirmation expressly states otherwise. 4.6 Movoway provides the User with the contractual text (order details and these GTC) in a manner that complies with the requirements of § 312f BGB. § 5 Prices, Payment and Payment Processing 5.1 Use of the Platform is free of charge for Users. Movoway receives remuneration from Providers for its brokerage services. 5.2 Prices for the brokered services are determined by the respective Providers. All prices displayed to the User are final prices including statutory VAT, unless otherwise stated. 5.3 Any delivery, service or other additional charges are displayed separately before the booking is submitted. 5.4 Depending on the selected and available payment method, payment is made either (a) via a licensed payment service provider integrated by Movoway or (b) directly to the Provider. Processing via the payment service provider is additionally governed by that provider’s terms and conditions. 5.5 The payment claim arising from the Main Agreement belongs to the respective Provider. Where payment is made via the Platform or the integrated payment service provider, it is received in the name and for the account of the Provider. To this extent, Movoway is authorised to collect payment in the name of the Provider; this does not create any obligation on the part of Movoway to perform under the Main Agreement. 5.6 Upon payment to the payment service provider or to Movoway acting as collection agent, the User is discharged from the corresponding payment obligation toward the Provider. § 6 Consumers’ Right of Withdrawal 6.1 To the extent that the User, as a consumer, has a statutory right of withdrawal in relation to Main Agreements concluded via the Platform, that right must be exercised vis-à-vis the respective Provider as the contractual party to the Main Agreement. Movoway provides the required information and forms in the name and on behalf of the Providers and forwards withdrawal declarations to the respective Provider. 6.2 For many of the services brokered via the Platform, there is no statutory right of withdrawal or it expires prematurely, in particular: (a) contracts for the carriage of passengers (§ 312 para. 2 no. 5 BGB); (b) contracts for the delivery of goods that are liable to deteriorate or expire rapidly – this includes in particular prepared food and beverages (§ 312g para. 2 no. 2 BGB); (c) contracts for the delivery of goods made to customer specifications or clearly tailored to personal needs (§ 312g para. 2 no. 1 BGB); (d) contracts for the provision of services where the service has been fully performed and the User expressly agreed to performance beginning and acknowledged that the right of withdrawal would expire upon full performance (§ 356 para. 4 BGB). 6.3 Where a right of withdrawal exists, the withdrawal instructions provided to the User during the ordering process or in Annex 1 to these GTC shall apply. The model withdrawal form contained in Annex 2 may be used to declare withdrawal; its use is not mandatory. § 7 Duties and Obligations of the User 7.1 The User undertakes to use the Platform only in accordance with applicable laws and these GTC. 7.2 In particular, the User must: (a) provide truthful information, especially regarding the delivery address, pickup and destination locations, and the goods to be transported; (b) be reachable or present at the agreed place at the agreed time in order to receive the service; (c) not transmit any content that is unlawful or infringes the rights of third parties; (d) not misuse the Platform, in particular by making sham or multiple bookings or circumventing technical safeguards. 7.3 The transport of dangerous, prohibited or legally restricted goods is forbidden. The User shall ensure that goods to be transported are properly packaged and legally permissible. 7.4 If the User culpably breaches these obligations, Movoway may, without prejudice to further rights, suspend or terminate the customer account. Claims for damages by Providers and Movoway remain unaffected. § 8 Reviews 8.1 Movoway provides a function for reviewing Providers and the services performed. Users are under no obligation to submit reviews. 8.2 Reviews must be truthful and may relate only to services actually used. In particular, false statements of fact, insults, abusive criticism, and content that infringes third-party rights or statutory provisions are prohibited. 8.3 Movoway is entitled to remove reviews that violate Section 8.2. 8.4 Movoway ensures that only reviews from Users who actually booked the respective service via the Platform are published. [Placeholder: information pursuant to § 5b para. 3 UWG as to whether and how the authenticity of reviews is verified – please adapt to the actual procedure.] 8.5 By posting a review, the User grants Movoway a non-exclusive, unlimited-in-time and worldwide right to use the review on the Platform and for purposes of promoting the Platform. § 9 Liability of Movoway 9.1 As broker, Movoway is liable exclusively for the proper brokerage of services and provision of the Platform. The respective Provider alone is liable for performance of the brokered services and for defects, delays, damage or other breaches of duty arising under the Main Agreements; Movoway’s liability in this respect is excluded. 9.2 In all other respects, Movoway shall be liable for damages – irrespective of the legal basis – in accordance with the following provisions. 9.3 Movoway shall have unlimited liability: (a) in cases of intent and gross negligence; (b) in the event of culpable injury to life, body or health; (c) under the provisions of the German Product Liability Act; and (d) to the extent of any guarantee assumed by Movoway. 9.4 In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the agreement and on compliance with which the User may regularly rely, Movoway liability is limited to the typical, foreseeable damage. 9.5 Any further liability of Movoway is excluded. In particular, Movoway shall not be liable for slight negligence in the breach of non-material contractual obligations. 9.6 The foregoing limitations of liability also apply in favor of Movoway legal representatives, employees and vicarious agents. § 10 Availability of the Platform 10. 1 Movoway endeavors to ensure that the Platform is available with as few interruptions as possible, but does not owe any specific level of availability. 10.2 Movoway is entitled to temporarily restrict or interrupt operation of the Platform for maintenance purposes or for other important reasons. Where possible, Movoway will announce planned maintenance work and schedule it during periods of low usage. 10.3 § 9 applies accordingly to liability in connection with the availability of the Platform. § 11 Term and Termination 11.1 The Brokerage Agreement is concluded for an indefinite period. 11.2 The User may terminate the Brokerage Agreement at any time without notice by deleting their customer account. 11.3 Movoway may ordinarily terminate the Brokerage Agreement by giving 14 days’ notice. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of a material or repeated breach of these GTC. 11.4 Termination of the Brokerage Agreement does not affect Main Agreements already concluded between the User and a Provider. 11.5 Notices of termination must be made at least in text form. § 12 Complaints and Dispute Resolution 12.1 Users may contact Movoway at any time with complaints, including reports of unlawful content, at [[email protected]]. Movoway processes incoming complaints within a reasonable period. Complaints concerning performance of the brokered service should primarily be addressed to the respective Provider. 12.2 The European Commission has discontinued the Online Dispute Resolution platform (ODR platform); therefore, no link to it is provided. 12.3 Movoway is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). [Placeholder: adaptable if participation is desired or required.] § 13 Data Protection 13.1 Movoway processes Users’ personal data exclusively in accordance with applicable data protection laws. Details are set out in the separately available Privacy Policy at [www.movoway.de/datenschutz]. § 14 Amendments to these GTC 14.1 Movoway reserves the right to amend these GTC with effect for the future where this is necessary for a valid reason – in particular due to changes in the legal situation, decisions of the highest courts, technical developments or an expansion of the range of services – and provided that the User is not thereby unreasonably disadvantaged. 14.2 Movoway will notify the User of the amended terms in text form at least six weeks before their intended entry into force and will specifically draw attention to the amendments and to the deadline below and its significance. 14.3 If the User does not object to the amended terms within six weeks of receipt of the notice and continues to use the Platform after they enter into force, the amendments shall be deemed accepted, provided that Movoway has informed the User of this consequence in the notice. If the User objects within the deadline, either party is entitled to terminate the Brokerage Agreement. § 15 Final Provisions 15.1 The contractual relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the country in which the User has their habitual residence remain unaffected. 15.2 If the User is a consumer, the statutory provisions governing jurisdiction shall apply. 15.3 Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace invalid or unenforceable provisions (§ 306 para. 2 BGB). 15.4 The contractual and communication language is German. Annex 1 – Withdrawal Instructions [10/09/2026 14:24] Shadi Abohader: Note (not part of the contract): The contractual party to the Main Agreement is the respective Provider; the withdrawal instructions must therefore be issued using that Provider’s details and automatically populated with the Provider’s information during the ordering process. The following template must be adapted depending on the type of contract (supply of goods or provision of services) and finalised by legal counsel. 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 [for services: on which the contract is concluded] / [for deliveries of goods: on which you or a third party designated by you, other than the carrier, took possession of the goods]. To exercise your right of withdrawal, you must inform us ([Provider – company, address, telephone, email address]) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of Withdrawal If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. [For services whose performance has begun during the withdrawal period at your express request:] If you requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you inform us of the exercise of the right of withdrawal in respect of this contract, compared with the full scope of the services provided for in the contract. Annex 2 – Model Withdrawal Form (If you wish to withdraw from the contract, please complete this form and return it.) – To [Provider – company, address, email address]: – I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*) – Ordered on (*) / received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is submitted on paper) – Date (*) Delete as appropriate. Movoway GmbH · Terms and Conditions for Consumers · Version: June 2026