General Terms and Conditions of the Drais Mobility GmbH (hereinafter called "PeekUp")
§ 1 – General Conditions
The following General Terms and Conditions (for translations) govern the contractual relationship between the Drais Mobility GmbH, Danziger Str. 28, 10435 Berlin represented by the Managing Director Martin Rammensee, hereinafter referred to as “PeekUp,”and the customer in the version valid at the time of order submission. For the purpose of this agreement, “customers” include both natural and legal persons.
The General Terms and Conditions apply to PeekUp’s entire business transactions and dealings with Peekup’s customers. The application of all contrary terms of agreement, business, purchasing, and delivery by the customer is hereby expressly contradicted, unless Peekup explicitly acknowledges such additional terms in the individual case. The customer accepts the General Terms and Conditions with the placing of an order and the General Terms and Conditions apply for the entire duration of the business relationship, even if the conditions are not expressly referred to in acceptance of subsequent orders. The conditions also apply to all future transactions between Peekup and the customer. Peekup provides a platform for the realization of pick up services. Peekup is the operator of the platform and offers its clients the opportunity to order a pick up of items against payment.The use of the platform requires registration. Registration is only possible for legal persons and adult natural persons, who have unlimited legal capacity. The registration of a legal person may only be performed by an authorized natural person who must be known by its name.
§ 2 – Conclusion of Contract
PeekUp makes an offer to pick up items at a location defined by the customer. With acceptance of this offer, the pickup-contract between the customer and PeekUp is concluded.
§ 3 – Scope of Services
The items shall be picked up to the agreed upon time by PeekUp. The items must be placed outside of the customers’ closed premises so that PeekUp doesn’t have to enter apartments or similar premises. PickUp will dispose of the items in the name of the customer in a legal manner following all applicable state and local laws.
In case local laws or regulations prohibit PeekUp from collecting certain items, PeekUp will transport these items as an agent of the customer to a qualified location. PeekUp will only transport items to such locations at which the items may be disposed of legally.
§ 4 – Payment, Cancellation and rescheduling
Payment has to be done before or with placing of an order. The service can be cancelled up to 48 hours before the scheduled time. In this case, money is reimbursed although costs of payment can be withheld. Rescheduling of a scheduled pickup can be done up to two times free of charge. A third rescheduling is not possible.
§ 5 – Complaints
All complaints concerning the pickup have to be claimed within 48 hours after the pickup in written from.
§ 6 – Liability, Warranty and Limitations
Peekup is unrestrictedly liable in the case of the injury to life, body, or health. In a violation of contractual obligations (cardinal duties), Peekup is liable also in the case of negligence; then, however, limited to typical, predictable damage. Cardinal duties are such contractual obligations which need to be fulfilled in order to make the proper execution of the contract in the first place; and on which the customer regularly and justifiably relies.Typical, predictable damages are those that fall under the protective purpose of the respectively violated contractual or legal norm. In particular the liability for consequential or financial losses is excluded. In addition, the liability of Peekup is limited to intent and gross negligence. The foregoing limitations of liability also apply to the bodies and vicarious agents of Peekup.
§ 7 - Confidentiality
Peekup will keep all information about customers and issued documents and materials received in the scope of the contract relationship in confidence. PeekUp is committed to neither use nor exploit or pass the aforementioned material onto third parties without the consent of the customer in writing, unless otherwise required in the performance of the contract. The transfer of materials to third parties for the purpose of the pickup is permitted.
§ 8 - Final Provisions
Ancillary agreements, assurances and other agreements as well as amendments and additions to the contract must be in writing to be effective. The same applies for the waiver of this written form requirement. Place of execution for all contractual services is the business domicile PeekUp, currently Berlin, Federal Republic of Germany. Contracts are subject only to the law of the Federal Republic of Germany with regard to their conclusion and in all of their effects. For commercial customers, the business domicile of PeekUp is considered the place of jurisdiction for all legal disputes arising out of his contractual relationship. This also applies in the event the customer does not have a legal domicile in the the Federal Republic of Germany, or his domicile or place of habitual is not known at the time the action is filed.
These General Terms and Conditions provided in the English version are solely for informational purposes. The German version shall prevail.
Berlin, December 2020