Terms and Conditions of Distribusion Technologies GmbH
A. Introduction
1. This ticketing platform (the Platform) is operated by Distribusion Technologies GmbH, a company registered in Germany under number HRB 176406 B, having its registered office address at Wattstrasse 10, 13355 Berlin, Germany (Distribusion, or we/us/our).
2. The Platform is powered by Distribusion’s technology and allows you to book ground transportation services and ancillary services (Transport Services) from third party operators of ground transportation services (Carriers). Distribusion is not a Carrier and does not operate any Transport Services.
3. Please read these terms and conditions (Booking Terms) carefully because they apply to any booking you make through the Platform. By using the Platform you confirm your acceptance of these Booking Terms (whether or not you book Transport Services) and you agree:
a. to use the Platform in accordance with these Booking Terms; and
b. that the Booking Terms create a legal agreement between you and Distribusion.
4. If you do not accept and/or do not agree to be bound by these Booking Terms you should immediately cease using the Platform.
B. Booking Transport Services
Your contract for Transport Services (Transportation Contract) is made between you and the Carrier. Distribusion is not a party to the Transportation Contract. The Carrier’s terms and conditions applicable to the Transportation Contract (Carrier Terms) can be accessed through the Platform during the booking process when you select the Transport Services offered by such Carrier and provide the relevant booking information. When making a booking with a Carrier through the Platform, you are bound by and shall be deemed to have accepted the Carrier Terms. The Carrier is responsible for providing you with Transport Services booked through the Platform and Distribusion makes no warranty or representation in relation to any Carrier and/or any Transport Services offered or provided by any Carrier.
C. Service Access
While Distribusion endeavours to ensure that the Platform is normally available 24 hours each day, Distribusion shall not be liable if, for any reason, in respect of any unavailability of the Platform. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond Distribusion’s control.
D. Making a Booking
1. Distribusion supports a number of payment methods for making a booking, which shall be clearly displayed within the Platform. Any data transferred to a payment processor shall be transferred through an encrypted secure server.
2. By clicking on the “Pay Now” button on the booking page, you make a binding offer to conclude a contract to buy a ticket for the relevant Transport Services. This contract is concluded when you receive an email booking confirmation from Distribusion together with the travel documents and the invoice. The travel documents are usually printable tickets issued by the Carrier and are sent as a PDF file or in other common electronic formats, such as mobile tickets with QR codes. You might alternatively receive a booking code or ticket voucher in place of printable tickets. These must be redeemed at the ticket office, or a ticket vending machine, at the place of departure before the start of your journey.
E. Confirmation of Booking
1. Please review the travel documents as soon as you receive them and let us know as soon as possible if they contain any errors. Our customer support team can be contacted using the contact details in section P below.
2. Depending on the type of ticket you purchase, you may be able to amend the dates of travel or other aspects of the ticket. The Carrier Terms shall include information on whether, and under what circumstances, you can amend, refund or cancel your ticket.
F. Force Majeure
1. Distribusion shall not be in breach of these Booking Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Booking Terms, if such delay or failure result from events, circumstances or causes beyond our reasonable control (Force Majeure Events). These include, but are not limited to, flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attacks, civil wars, civil commotion or riots, wars, threat of or preparation for war, armed conflicts, the imposition of sanctions, and embargos.
2. If a Force Majeure Event arises, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
G. Pricing and Exchange Rates
1. Payment may only be made via the acceptable payment system(s) specified on the booking page. Use of debit / credit cards to make payments is subject to your card issuer’s terms and conditions.
2. Distribusion is authorised to collect payments on behalf of each of the Carriers for whom we act as agent. This means that when you complete the payment to Distribusion, you will have satisfied your payment obligations towards the Carrier.
3. You are responsible for paying any additional charges levied by a network provider, mobile operator or similar service provider that you may incur.
4. The foreign exchange rates used by Distribusion to display prices in the currency chosen by you are updated frequently. Foreign exchange rates used by your credit card or debit card company may vary. Distribusion is not responsible for any discrepancy between the price displayed via the Platform and the amount charged by your credit card or debit card company due to the rate of exchange used.
H. Customer Service
1. Distribusion shall be responsible for any customer complaints or questions relating to the Service.
2. Distribusion is only responsible for the supply of your ticket. You should contact the Carrier for any other matter relating to the journey, such as cancellations, closures, missed connections, delays, problems with luggage and refunds.
3. Our customer support team can be contacted using the contact details in section P below.
4. If your complaint is not resolved through our complaints procedure, you may refer to the On-line Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/ for further information on available dispute resolution options.
I. Liability
1. In the event of a dispute between you and Distribusion, our liability to you, if any, is limited to the amount paid by you for the Transport Services. Distribusion hereby excludes to the fullest extent permitted by law any warranties (whether express or implied), as to the quality, completeness, performance or fitness for a particular purpose of (i) Transport Services booked through the Platform and (ii) the Platform and any of its contents, including, but not limited to, any information relating to the Carrier contained within the Platform and the technology supporting and provided on the Platform.
2. Distribusion does not provide Transport Services and is therefore not a party to the Transportation Contract. It therefore has no responsibility or liability (directly or indirectly) to you or any other party in respect of the terms of your Transportation Contract, including, but not limited to, any issues or disputes with the Carrier, such as disputes relating to personal injury or damage to Transport Services arising out of or in connection with the Transport Services and/or the Transportation Contract.
3. Distribusion has no liability in respect of any inaccuracies and/or typographical errors in the information obtained from third parties relating to Transport Services and Carriers which is published on the Platform.
4. Except where such exclusion is prohibited by law, neither Distribusion, its group companies, nor any of its or their directors, shareholders, employees or other representatives will be liable to you or any other party for any direct, indirect special, incidental, punitive and/or consequential losses and/or damages arising out of, or in connection with your use of any information, products, services and/or materials offered and/or booked through the Platform, including, but not limited to, loss of (i) data, (ii) business revenue, (iii) income, (iv) time, (v) savings, (vi) profit and/or (vii) opportunity and/or loss of and/or damage to property; failure to realise expected profits or savings and any other economic loss of any kind.
5. Distribusion’s liability to you for death or injury resulting from our negligence is not limited.
J. Use of the Platform
As a condition of your use of the Platform, you agree that you will not use it for any purpose that is unlawful or prohibited by or contrary to the Booking Terms or in any way that might bring the reputation of Distribusion into disrepute.
K. Age and Responsibility
By using the Platform, you confirm that you are of sufficient legal age to book Transport Services and to take responsibility for any liability you may incur as a result of the use of the Platform. In using the Platform, you understand that you are responsible, financially and otherwise, for all uses of the Platform by you and those acting on your behalf.
L. Intellectual Property
1. The information within the Platform including, but not limited to, content, text, graphics, images, trade names, structure, photographs, artwork and computer code are protected by intellectual property laws, including, but not limited to, copyright law, and is only available to you for the purpose of making a booking of Transport Services.
2. You may only use the Platform and its content for personal purposes. You do not have permission to modify, copy, distribute, collate, transfer, reproduce or display any information or content displayed on the Platform for any purpose.
3. By using the Platform, you agree not to:
a. use any automated systems, robots or software to extract data from the Platform;
b. use the name Distribusion or any Distribusion branding for commercial purposes without obtaining our prior written permission; and/or
c. copy or reproduce material from the Platform for commercial purposes.
M. Disclaimer
1. The Platform is made available to you on an “as is” basis and Distribusion makes no warranties or representations to the effect that:
a. the Platform or the technology through which it is available and which supports it will be without fault or defects; or
b. the information posted on the Platform is free from infection by viruses or anything else with contaminating or destructive properties.
2. Distribusion accepts no liability for any infection or any effects from harmful applications such as, but not limited to, viruses, trojans, tampering, fraud, theft, error, technical failure, omissions, delay, unauthorised access or any event which corrupts the acceptable administration, communication and/or integrity of the Platform.
N. Changes to the Booking Terms and Transportation Contract
1. Distribusion reserves the right, at its absolute discretion, to amend and/or update the Booking Terms and the contents of the Platform for any reason, without prior notice, and without liability to you, any other user or any third party. This right will not affect the Booking Terms accepted by you, the user, upon making a legitimate booking using the Platform and we suggest that you save and/or print a copy of such Booking Terms at the time of making your booking for your own records.
2. The Carrier may from time to time change its Carrier Terms. Distribusion is not responsible and will have no liability if the terms of the Transportation Contract available on the Platform are changed by the Carrier at any time.
O. General Booking Terms
1. As a consumer, you shall benefit from the mandatory provisions of the law of the country in which you are resident. Nothing in these Booking Terms, including the governing law provision below, affects your rights as a consumer to rely on such mandatory provisions of local law.
2. The Booking Terms and your use of and access to the Platform are governed by the laws of the Federal Republic of Germany. The German courts shall have exclusive jurisdiction over all disputes arising between you and Distribusion out of or relating to your use of the Platform.
3. The use of the Platform is unauthorised in any jurisdiction that does not give effect to all provisions of the Booking Terms, including, and without limitation this paragraph.
4. Our performance of the Booking Terms is subject to existing laws and legal process and nothing contained in these Booking Terms shall prevent Distribusion from complying with any law enforcement or governmental authorities requests or requirements relating to (i) your use of the Platform or (ii) information provided to or gathered by Distribusion, with respect to your use of the Platform. Distribusion shall not be liable to you where it complies with any such requests or requirements.
P. Contact Details
For support, complaints and enquiries relating to your use of the Platform, please contact Distribusion’s customer service team using the following contact details: