HitchHike General Terms and Conditions
usus GmbH, Obergütschstrasse 22, 6003 Luzern, Switzerland ("HitchHike"; "we") operates an online platform and sub-platforms for the formation and management of carpooling and provides additional services ("Platform"). The Platform can be accessed, e.g., through the internet addresses https://sayhi.hitchhike.ch or www.sayhi.eu.
1.2 Scope and Application of the GTC
These general terms and conditions ("GTC"), together with the provisions declared binding in these GTC, but are recorded outside these GTC, particularly the code of conduct of HitchHike, govern the contractual relationship between HitchHike and its Users. They apply to the use of the Platform by the Users and to all services provided by HitchHike to the Users in connection with the Platform.
Unless otherwise indicated by HitchHike, these GTC (including any amendments) also govern future service offerings of HitchHike (e.g., upgrades, feature expansions, additional services).
1.3 Status of HitchHike
HitchHike is not involved in the relationship between the Users as an agent, party, or representative of any party. Instead, it operates solely as the operator of an online Platform and provides it to the Users.
HitchHike does not offer any transportation services or similar services. The carpools are formed solely among individual Users. HitchHike, its representatives, employees, and assistants are in no way liable for the formation and execution of carpools and the associated risks, and they do not assume any liability for their fulfilment.
Only natural persons who are of legal age and have legal capacity can register as users ("User" or "You").
There is no entitlement to register and use the Platform or to avail of any services. HitchHike is free to reject a registration, exclude You, or prohibit the use at any time.
2.2 Conclusion of the contract with HitchHike
The contract between HitchHike and You regarding the use of the Platform is concluded once (i) You have created a User Account according to section 2.3.1 using an electronic registration form, and (ii) HitchHike has accepted this offer by granting access to the Platform.
2.3 Creation of the user account and profile
2.3.1 User account
To use of the services of HitchHike, requires a User account with your personal information ("User Account"). HitchHike provides a web form for creating a User Account. You are obliged to provide truthful information when creating your User Account and to promptly update this information for any future changes.
User Accounts are non-transferable. The access data must be kept confidential under all circumstances. If disclosed to third parties, You must change the password immediately and inform HitchHike. HitchHike is entitled to assume that You logged in using your access data. You remain fully liable for the use of your User Account by third parties.
2.3.2 User profile
HitchHike compiles general information about You in a "User profile" accessible to other Users ("User Profile"). Additional information is shared with other Users to arrange carpools (e.g., first and last name, phone number, profile picture); Subject to section 8, HitchHike allows You to partially control which information You want to share with other Users.
2.4 Termination of the contract
2.4.1 Deletion of the user account by you
You can delete your User Account at any time. The deletion of a User Account is automatically considered as a termination of the contract with HitchHike. If You are offering carpools on the Platform at this time, these offers will be deleted automatically.
2.4.2 Termination by HitchHike
HitchHike may terminate the contractual relationship with You at any time without notice. HitchHike will consider this, in particular, if You violate these GTC or the Code of Conduct, commit infringements against other HitchHike Users, engage in actions that harm the reputation of HitchHike, or in the case of changes in legal or technical standards that make it unreasonable for HitchHike to continue providing services in whole or in part.
3.1 Access to the HitchHike Platform
After creating a User Account, You will have access to the User area ("User Area"). In the User Area, You have access to functions that allow You to offer carpooling to other Users or search for carpooling opportunities.
Whether You form a carpool and with whom You do so is entirely at your discretion and risk.
3.2 Access to Communities
HitchHike creates private or public carpooling communities ("Community"/"Communities") on its own initiative or on behalf of third parties, each a "Partner", ("Partner Community"). Within public Communities, there may be multiple Partners who provide carpooling points or (co-)finance their operation.
The Partners define the rules for selection, eligibility for use, and exclusion from their Communities. HitchHike provides advisory support to ensure that these rules are designed in the interest of all parties. These rules apply in addition to these GTC. If You believe that You have been wrongly denied access to a Community or have been excluded from a Community, please contact the respective Partner, our User service via chat on the Platform (via the web on the internet), or via firstname.lastname@example.org; we will then forward your request to the Partner. The same applies if You believe that another User is part of a Community even though this person does not meet the corresponding conditions.
Joining HitchHike Communities (without Partners) is only associated with additional requirements or restrictions if HitchHike defines them accordingly in the description of the Community.
HitchHike and the Partners reserve the right to adjust, expand, or delete conditions of individual Communities. This may result in You being excluded from a Community.
There is no entitlement to admission to a Community.
3.3 Additional services of Hitchhike
HitchHike may offer You additional, partly chargeable supplementary services. The conditions under which these additional services are offered are visible on the Platform. HitchHike reserves the right to adjust the type and scope of these additional services at any time, limit them in time, or remove offers.
4.1 Compliance with these GT and the Code of Conduct
All Users shall comply with the provisions of these GTC and the Code of Conduct. If You notice any violations of the Code of Conduct or the GTC by other Users, we kindly ask You to report this to our User service via chat on the Platform (via the web on the internet) or via email@example.com.
4.2 Offering carpooling services
Users offering carpooling through the Platform are responsible for ensuring that they (i) have the necessary permits and abilities to offer the respective trip safely and in compliance with the law, (ii) their vehicle complies with all legal requirements, particularly for its use in road traffic, and (iii) the legally required insurance coverage exists. HitchHike does not carry out its own examination in this regard.
4.3 Payment for carpooling services and prohibition of commercial use
Users offering carpooling opportunities and those taking advantage of them agree on the terms of the trip, especially the compensation, themselves. They must observe the Code of Conduct in doing so. HitchHike is not a party to this agreement and is not responsible for ensuring that the trip takes place as agreed, that the compensation is appropriate, or that compensation is actually paid.
If You receive payment for the carpooling, it is your responsibility to correctly declare these earnings to the authorities (especially tax authorities) and any contractual partners (e.g., your employer).
Offering rides for commercial purposes (taxi service, Uber rides, etc.) is not permitted without explicit consent from HitchHike.
4.4 Responsibility for your content
You shall provide accurate and non-misleading information regarding the use of services from HitchHike and when offering or searching for carpooling. You are responsible for the completeness and accuracy of the provided data and information and must keep it up to date at all times.
It is not allowed to offer any services (or products) other than carpooling. Direct or indirect advertising for commercial services is prohibited.
It is prohibited to share any content through the Platform that violates personal rights, is illegal, morally objectionable, or otherwise violates rules of decency, or to misuse the chat function for such purposes. If You discover such content on the Platform, we kindly ask You to report it immediately via firstname.lastname@example.org or support chat.
You guarantee that the information used in the creation of the User Account, User Profile, or in any other way (such as texts, logos, images) is free from third-party rights, or You have the necessary rights for it. In particular, the use of images that You did not create yourself or for which You have not acquired rights is prohibited.
4.5 Prohibited behaviors
Actions by Users that impair the proper operation of the Platform or could overload it, such as the use of software, scripts, or other mechanisms, are prohibited.
The use of robots, crawlers, etc., to copy the content of the Platform is prohibited. Upon request from HitchHike, data obtained in this way by the respective User must be deleted. Claims for damages remain reserved.
4.6 Responsibility in connection with received personal data
If You receive personal data of other Users or third parties through offering or searching for carpooling, You may only use this data exclusively for the purpose of conducting the corresponding trip (or, if applicable, for enforcing legal claims in connection with the trip) and are obliged to delete this data afterward and not to pass it on to third parties.
4.7 Consequences of violating services and obligations
If you violate service or other obligations, HitchHike may block or delete the User Account without stating reasons. In connection with such blocks or deletions, You may not derive any claims against HitchHike. Claims by HitchHike are subject to section 7.4.
HitchHike may display service offerings from third-party providers or Partners on the Platform ("Service Providers"). This includes the management of admission and exclusion processes in Partner Communities.
The conditions under which these services are offered are determined by the respective Service Provider. HitchHike merely facilitates the contact between Users and these Service Providers and does not guarantee their performance. HitchHike and the Service Providers reserve the right to adjust the nature and scope of these offers at any time, limit them in time, or remove them.
All rights regarding information, elements, and content of
the Platform (such as copyrights, trademarks, and other protective rights) with
the exception of content transmitted by Users, are owned by HitchHike in
relation to You. Without prior written consent from HitchHike, the publication,
reproduction, transmission, modification, and/or linking of information,
elements, and content of the Platform for public and/or commercial purposes in
any form is prohibited.
HitchHike is liable only for direct damages resulting from intentional or grossly negligent actions of HitchHike itself. Furthermore, subject to mandatory legal provisions, any liability of HitchHike, as well as its organs, representatives, or assistants (including third parties providing services for HitchHike), for damages, including in particular indirect damages or consequential damages (such as lost profits or consequences of data loss/data theft), regardless of the legal basis, is excluded.
Any liability of HitchHike for the misconduct of Users is excluded.
7.2 Technical malfunctions, maintenance, and capacity limitations
HitchHike strives to keep the Platform as accessible as possible. However, due to maintenance, security, or capacity reasons or events beyond HitchHike's control (such as disruptions and interruptions of public communication systems, power outages, etc.), there may be disruptions or temporary suspension of the Platform's operation. HitchHike reserves the right to temporarily limit the input and retrieval of offers or searches for carpooling for maintenance, security, or capacity reasons.
Therefore, HitchHike is not liable for the temporary unavailability of the Platform, the failure of individual or all website and Platform functions, or for malfunctions of the Platform, especially not for damages caused by software defects, hacker attacks, or problems caused by other internet-related issues.
7.3 Exclusion of liability for user and third-party content
HitchHike is not liable for the timeliness, correctness, legality, completeness, or quality of the content published on the Platform by Users or third parties or the content of websites accessible via links on the Platform.
The websites linked through HitchHike services or websites that offer links to third parties are entirely beyond HitchHike's control. HitchHike assumes no liability for the accuracy, completeness, and legality of the content of such websites, as well as for any offers and services contained therein. Making connections to these or other websites is done at your own risk.
7.4 Liability of users for breach of contract; indemnification
Users are liable to HitchHike for any damages caused by breach of contract.
Users shall indemnify HitchHike for all claims of third parties (e.g., other Users, individuals participating in road traffic, tax authorities) arising from (i) the violation of third-party rights due to the content made accessible by Users on the Platform or (ii) in connection with actions or omissions of the User (or corresponding assistants) in carpooling. Users shall compensate HitchHike for any resulting, further damages. In relation to HitchHike, the User assumes sole liability and all necessary and useful expenses and costs of the judicial and extrajudicial defense of such claims (including court and reasonable attorney's fees).
Users form carpools exclusively among themselves and at their own risk; HitchHike is not a party to this agreement.
If other Users or third parties address claims against You in connection with the Platform or carpooling enabled thereby, HitchHike will refer them to You. HitchHike reserves the right to disclose information about You (especially name and residential address) to these third parties.
Normally, we will inform You about the fact that we have disclosed this information to third parties. However, we reserve the right to refrain from such notification if legitimate interests of HitchHike or third parties speak against it.
10.1 Assignment of rights or obligations to third parties
HitchHike is entitled to transfer the contractual relationship with You or individual rights and obligations from the contractual relationship, in whole or in part, to a third party, to pledge them, or to have them exercised by a third party; HitchHike ensures that the third party fulfils any obligations from this contract.
You may only transfer or pledge the contractual relationship with HitchHike or individual rights and obligations from it to a third party with the prior written consent of HitchHike.
10.2 Prohibition to set-off
You are not entitled to set off your claims against HitchHike with claims from HitchHike.
10.3 Written form requirement
Subject to section 10.5, agreements deviating from these GTC are only valid if HitchHike has expressly agreed to them in writing.
10.4 Severability Clause
The invalidity and/or ineffectiveness of individual provisions of these GTC do not affect the effectiveness of the remaining provisions. Any invalid or ineffective provisions shall be replaced by those that most closely correspond to the meaning and purpose of the invalid or ineffective provisions in a legally effective manner. The same applies to any regulatory gaps.
10.5 Amendment of the GTC and der Service Offering
HitchHike reserves the right to change these GTC and the provisions declared binding in these GTC, but are set forth outside of the GTC, at any time and without stating reasons and to publish the current version on the Platform. In addition, HitchHike will inform You by e-mail or another suitable communication channel about the changes.
The changes shall be deemed accepted if You do not object to them in writing within 10 days after notification or if You continue to use the Platform or other services of HitchHike after the dispatch. In the event of an objection, the previous provisions shall continue to apply. However, HitchHike reserves the right to terminate the contract with immediate effect.
HitchHike reserves the right to change the service offering, in particular the Platform and its design, at any time or to offer deviating services. Users are solely responsible for any necessary adjustments and the resulting costs.
10.6 Precedence of German Language Version
In the event of any inconsistency between the English language translation of this GTC and the German version of the GTC, the German version of the GTC language translation shall take precedence.
10.7 Applicable law and Jurisdiction
The contractual relationship between the User and HitchHike (including these GTC) is governed exclusively by Swiss law, to the exclusion of international agreements.
All disputes or claims arising from or in connection with
the contractual relationship between You and HitchHike, including its validity,
breach, or termination, shall be decided by the ordinary courts. Exclusive
place of jurisdiction is City of Lucerne, Canton of Lucerne. HitchHike reserves
the right to sue Users in any other competent court. Any mandatory consumer
jurisdictions remain reserved.
Lucerne, 2023 © usus GmbH, HitchHike / V.3.0