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Terms and Conditions for "cars2travel.com"

Stand: November 2011

PREAMBLE

Martin Liebezeit, Aurikelstraße 26, 82024Taufkirchen &
Oliver Schreyer, Mayerbachstr. 9, 83024 Rosenheim
(Herein after named "cars2travel.com" ) offer under the domain "cars2travel.com" an internet marketplace for the purpose of buying and selling used cars with focus on travellers. The offer is designed for private and commercial persons who intend to use a vehicle for one or more journey (s) and who are planning to buy or sell a used car according to their travel needs. Cars2travel.com only provides the platform for such transactions and is not acting as a buyer, seller or agent. Additionally cars2travel.com offers a range of services which are related to the use of vehicles abroad.

Scope
1. For the use of the marketplace cars2travel.com these Terms and Conditions apply exclusively for all registered user. These terms and conditions are incorporated in the contract and accepted by the user with the so-called click-wrap agreement. The Terms and Conditions are available online at any time.
2. Terms and conditions of users do not apply in this context, regardless whether these have been objected by cars2travel.com or not.
3. These Conditions also apply to contracts concluded with users from countries other than Germany.
Description of services
1. At the online markteplace platform from cars2travel.com, registered users have the opportunity to offer or sell vehicles which are intended for the use of traveling. The product portfolio ranges from passenger cars (cars), caravans, motorhomes and motorcycles.
  The user can register on the platform cars2travel.com as a car dealer or private person. If he decides to register as a car dealer, he will be listed in a specially set up database and website so that other users can also search for car dealers across town.
2. cars2travel.com is neither agent nor buyer or seller of the vehicles offered or represented of either party. The service of cars2travel.com is limited to the offer of the market place itself and the publication of related information.
  This means that cars2travel.com is never part of any contract between users and is never involved in thus. Furthermore cars2travel.com owes neither the conclusion of sales contracts nor the successful implementation of these contracts. There is no guarantee for any mediation success owed. A liability of cars2travel.com from contracts that have been concluded between users, is excluded.
3. The conditions for the acquisition and sale of vehicles as part of the online marketplace named cars2travel.com, are solely based on the declarations of the users involved (buyer and seller) in the conclusion of the contract and to their general business conditions.
4. cars2travel.com has the right at any time, to change, extend, limit or discontinue its offer.
5. cars2travel operates the online marketplace www.cars2travel.com after the current state of the art technology. From time to time constraints of accessibility of the online marketplace www.cars2travel.com by technical malfunctions, maintenance or acts of God are inevitable and do not breach the obligations of performance by cars2travel.com.
User registrations
1. Requirement for the use of the online marketplace www.cars2travel.com is a registration of the user. A registration may be done only in ones own name and only by natural persons of full age and legal persons. This is free of charge and is done by completing the online registration form at www.cars2travel.com.
  The data requested in the application has to be accurate and correct. The user is responsible for the completeness and accuracy of the information registered.
2. After completing the application form and pressing the button "Register" a binding offer to conclude a usage agreement is given by the user. He will receive an e-mail confirmation, in which he is invited to confirm and verify his application by clicking a link. Only after this verification and approval of the user account through cars2travel.com the registration and the usage agreement between the user and cars2travel is concluded. The user is now able to choose on cars2travel.com in which role he will be using the portal. Either he'll be using it as a car dealer or private person and therefore the services are accordingly enabled on the internetportal of cars2travel.com.
3. When registering, the user has to provide an e-mail address and an associated password to enter the platform services. The e-mail address is also the username for the login to the portal. In addition car dealers can register with a unique user name for the login to the portal.
4. The right to use the contents of the online marketplace under www.cars2travel.com is personal and must not - unless explicitely agreed otherwise - be transferred to third parties. In particular, the user may not pass on his access data such as (e-mail address or username and password) to any third party. For his own protection and security on the Internet the user may change his password at regular intervals.
5. The User is bound to notify cars2travel.com via e-mail to info@cars2travel.com immediately if a known act of fraud of his access details is obvious.
  The user must make sure to logout by using the "logout" button, when using a public computer, this ensures that his personal date will not be accessed by any third parties.
  For damages which arise out of the missuse of the userdetails the user is responsible at all times.
6. If there is reasonable suspicion, that a third party has access to the specific userdata, cars2travel.com reserves the right to withdraw the access and provide new login details to the user.
7. A right to register at cars2travel.com does not exist.
Publishing of content as a seller / responsibility / exemption
1. The user is responsible for the contents submitted by him (especially ads).
2. The user has to observe any applicable laws when using the services on the website under www.cars2travel.com with regards to publishing own content and to take care that the rights of any third party will not be violated. The following is specifically prohibited
  1. insulting or defamatory contents,
  2. to submit pornographic or against the Youth Protection Act offending content or to encrypt and promote those
  3. place or adjust content, which will violate the personal rights of third parties
  4. To use legally protected content (eg by copyright, trademarks and trademark law, patent law, design and utility model rights) or
  5. undertake anticompetitive actions.
  The same applies to the setting of links by the user as part of his/her offer.
3. cars2travel.com explicitely reserves the right to terminate or delete contents, especially offers, which are punishable under existing laws or which are used in preparation of recognizable criminal offenses or violation against paragraph 4.3, The user will thus be permanently excluded from participating in the online marketplace under www.cars2travel.com.
4. cars2travel.com macht sich fremde Inhalte unter keinen Umständen zu Eigen. Dazu gehören insbesondere auch die von den Nutzern eingestellten Inhalte. Diese werden zu keinem Zeitpunkt von cars2travel.com überprüft. Eine Verpflichtung zur regelmäßigen Prüfung der Inhalte auf dem Online-Marktplatz unter www.cars2travel.com übernimmt cars2travel.com nicht.
5. cars2travel.com will not embrace third-party contents under any circumstances. This includes in particular the content posted by users. These contents will not be reviewed at any time by cars2travel.com.
  cars2travel.com does not take over a commitment to regularly check the contents of the online marketplace under www.cars2travel.com.
6. The User releases cars2travel.com from any third party claims, if these claims against cars2travel.com relate to the content or the links within the own input of the user, and the user has violated the above-mentioned obligations. The exemption also includes the refund of the resulting costs of legal defense.
Remuneration of advertisements / payment
1. The registration as a user is for free.
Duration of the publication of Offers
1. The offers placed will be published for a period of three months on the platform cars2travel.com. After this period, the offers will be purged automatically by cars2travel.com.
2. Users who are registered as a private person may, instead of the 3-month fixedterm, determine the offerperiod by himself in the respective section of the offer forms. In this case, the offer will be automatically deleted by cars2travel.com two weeks after the provided offer time frame has ended.
3. Start of the runtime for the publication of the offer is the online activation by the user.
Rights
By posting content on the internet platform cars2travel.com the user grants cars2travel.com the absolute, territorial, with regards to content and temporal unlimited and transferable, simple right of use for uploaded content free of charge.
These rights of use include the right to change the content in the framework of the internet portal of cars2travel.com to duplicate, distribute, display, play in public, especially recite, perform, make available to the public and to send and use in any form.
The right of use is granted for all known and unknown uses.
Rights of the online marketplace
1. cars2travel.com holds the contents of the online marketplace under www.cars2travel.com respectively the underlying database. All copyrights, trademarks and other proprietary rights on the online marketplace, respectively underlying database as well as the puplished contents are exclusively owned by cars2travel.com. Any rights of the user to his own content are unaffected.
2. cars2travel.com provides the user for the duration of the contract / registration, the simple, and non-transferable right to a third party, with the rights of use of the online marketplace data and information contained under www.cars2travel.com according to the contract.
  This right of usage includes the right of the user to use data / information to process their own businesses. Over and above their own use, using the online marketplace and its contents is prohibited. In particular, a commercial re-processing of acquired data or even the sale/trade of these data, regardless of the purpose, is inadmissible. Each violation against this established principle of cars2travel.com may result in a claim against the user.
Withdrawal
1. As far as the user is a consumer, he or she is entitled to use, the right of withdrawal for his/her registration respectively the conclusion of the contract with respect to an offer. The User will be informed seperately about these procedures during the registration / completion of a contract for the publication of an offer.
Contract Duration Term / Termination
1. The contractual relationship begins with the registration of the user.
2. The user may conclude the contractual relationship at any time. The termination must be declared in writing to cars2travel.com.
3. cars2travel.com may terminate the contract at any time with a notice period of 2 weeks. If the user has paid for an advertisment, the termination is only possible at the expiration of the agreed publication date. The right to block or delete individual listings remains unaffected.
4. The right of cars2travel.com to extraordinarily terminate, for good cause, remains unaffected. In particular this is given, if a party violates contractual obligations. An important reason for cars2travel.com is as follows:
  1. The user provides culpably false information when registering,
  2. if the user breaches his obligations to paragraph 4 of this contract.
5. cars2travel.com is entitled and obliged to delete all published content of the user on www.cars2travel.com after the termination of the contract.
Liability
1. cars2travel.com übernimmt keine Gewähr für die Vollständigkeit und Rechtmäßigkeit der vom Kunden wiedergegebenen Informationen. cars2travel.com haftet nicht für Pflichtverletzungen eines Nutzers gegenüber einem anderen Nutzer aufgrund der zwischen den beiden Parteien ausgetauschten Informationen und vereinbarten Verträgen.
2. cars2travel.com assumes no responsibility for the completeness and legality of the information reproduced by the customer. cars2travel.com is not liable for breach of duty by a user to another user because of the exchanged information and agreed contracts by them.
3. cars2travel.com assumes no liability for consequential or incidental damages, unless caused by intent or negligence. This liability exclusion also applies to the liability of employees, legal representatives and agents of cars2travel.com. The liability for guarantee regarding properties, guarantees or deceit remains unaffected.
4. A liability of cars2travel.com from ordinary negligence on the merits is - even outside of the contract - taken only into consideration as it concerns the violation of obligations whose fulfillment enables the proper execution of the contract in the first place, whose violation perls the attainment of the purpose of the contract and assures its compliance to the user regularly. (so called cardinal obligation).
  If it relates to the breach of such contractual obligations, the liability for indirect damages, including profits and consequential damages are excluded.
  Moreover, liability is limited to typical contractual damage, that was foreseeable at conclusion of the contract and is not controllable by cars2travel.com. The liability for these damages is limited to the typically foreseeable damage.
5. The above exclusions do not apply to injury of life, body and health. The liability under the Product Liability Act remains unaffected.
6. Every other liability for compensation, in particular, liability without fault, is excluded.
Data Protection
1. The personal data given by the user during registration, indicating the personal data is collected only to the extent of cars2travel.com, stored, processed and used, as this is necessary for the fulfillment of contractual obligations, in particular for the provision and use of services and for billing purposes, or the user has given his explicit consent.
2. cars2travel.com undertakes in particular to comply with applicable provisions of data protection, in particular the provisions of the Federal Data Protection Act (BDSG) and Telemediengesetz (TMG). It will be referred also to the privacy policy of cars2travel.com.
Final provisions
1. This Agreement is exclusivly governed by the laws of the Federal Republic of Germany to the exclusion of international private law and the UNITED NATIONS CONVENTION on contracts for the international sale of goods.
  Any terms of users are not part of the contract.
2. The parties agree, that the venue for disputes arising under the contract, is the headoffice of cars2travel.com when
  - The user has no general jurisdiction in Germany
  - the domicile or habitual residence of the user at the time of action is unknown, or
  - the user has moved to a place of residence or habitual residence abroad after the conclusion of the contract.
3. If any term of this contract or the terms and conditions be or become invalid or should the contract be incomplete, the remaining contract remains unaffected.


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