Terms & Conditions for Bus service providers
Website Terms and Conditions of Use
General Terms & Conditions for the use of the internet platform www.bus-Italy.com, an internet service provided by PI net consultants, Magdeburger Str. 11, 29439 Luechow, Germany, hereinafter referred to as Bus-Italy.com.
§ 1 Area of application, object and scope of the user contract
- Bus-Italy.com is a virtual marketplace for the omnibus industry on the internet. The services of Bus-Italy.com are intended exclusively for companies and natural persons of full age of the omnibus industry and their suppliers and service providers. Bus-Italy.com only passes on information in accordance with § 8 TMG (Telemedia Act). By registering as a user of Bus-Italy.com, the user expressly acknowledges the validity of these Terms & Conditions in the respective applicable version.
- Large sections of the internet website are available for guests of Bus-Italy.com for free use, for information and for getting in contact.
- Bus-Italy.com offers fee-based services for its registered users. Details on the services and their fees are regulated and described in the section “Services” under “Company Login”. The prices stated there are binding. Following a free trial period, the long-term use of services provided by Bus-Italy.com requires a fee-based registration.
- A claim to the use of Bus-Italy.com and its services exists only within the scope of the current state of technology. Bus-Italy.com restricts its services temporarily if necessary in terms of capacity limits, the security or integrity of the server or for carrying out technical measures, and if this serves the proper or improved provision of services (maintenance work). In these cases, Bus-Italy.com takes the legitimate interests of the registered users into account and will – where possible – provide according information in advance.
§ 2 Registration process and login as a Bus-Italy.com user
- The registration as a user of Bus-Italy.com is free of charge. Upon registering with Bus-Italy.com, the service user agrees to the publication of the data entered by him.
- The registration is carried out via the opening of a user account, whereby the user must agree to these Terms & Conditions. The registration is only permitted for natural persons with an unrestricted legal capacity and legal persons of the omnibus industry and their suppliers and service providers. Minors in particular are prohibited from registering. A claim to the user registration does not exist. Bus-Italy.com may dismiss users at any time without notice and without providing reasons.
- The information requested by Bus-Italy.com during the registration process must be provided accurately and in full. This includes first name and surname (no artist names), date of birth, current address (no P.O. box) and telephone number (no value-added service numbers), a valid email address as well as the company name, where applicable.
- The registration of a legal person may only be carried out by an authorized representative or duly authorized natural person, who must be specifically named (first name and surname). Natural persons may only be registered individually as the owner of the user account.
- The service user will receive a confirmation email inc. confirmation code (confirmation link) via the email address provided during the user registration. Only upon entering the confirmation code or upon activating the confirmation link does a registration with Bus-Italy.com take place. The user undertakes to immediately update any subsequent change to the details provided in his user account or to immediately notify Bus-Italy.com hereof.
- The user provides his email address during the registration. Beyond this, he also chooses a password. In connection with the chosen password, the email address or the user ID provided by Bus-Italy.com serve as an access code and user authentication.
- The user must keep his password secret and carefully secure the access to his user account. If a user has evidence of misuse of a user account, he is obliged to immediately notify Bus-Italy.com thereof.
- Bus-Italy.com shall not disclose the password of a user to third parties; the password shall not be requested via email nor via telephone. Access data can only be transmitted to the email address stored in the user database.
- In general, the user is liable for all activities carried out while using his user account. Liability is ruled out if the user is not responsible for the misuse.
- The misuse of user accounts, in particular the disclosure of access data and contents included in the area of fee-based services, is prohibited.
§ 3 Principles for the use of the offer
a) publish personal information of third parties such as name, address, telephone number, occupation or email address. This excludes data of persons or companies who are active in a business-related or commercial manner and who have published this data in the context of their activity on the Bus-Italy.com website themselves or on their own website (e.g. in the imprint). Bus-Italy.com reserves the right to delete any content in abuse of this provision.
b) publish email or written communication or trade secrets.
c) publish material that is immoral, pornographic, harmful to minors or that glorifies violence, or contents that incite or glorify hate, violence or racist discrimination, or to link to such material on a third-party website.
d) violate applicable laws or encourage violations of the law or link to corresponding articles.
e) publish untrue statements, insults or abusive criticism or to employ a generally vulgar or obscene mode of expression, as well as a generally disrespectful, provocative and aggressive manner of interaction with other Bus-Italy.com users.
f) publish articles and contents with misleading content or to publish these in such a way that the reader is likely to be misled.
g) publish content in a place that is not intended or appropriate for said content and/or where readers do not expect this post.
h) violate or encourage the violation of the intellectual property rights of third parties when publishing contents, in particular copyright and trademark law.
i) advertise for the purchase or sale of products or the acquisition of services outside of Bus-Italy.com or share links to websites on which products or services are offered in a comparable manner.
a) The deletion of part or all of the contents of a Bus-Italy.com user on the Bus-Italy.com website
b) Deletion of offers and requests of the respective user
c) Temporary or definitive suspension from the use of Bus-Italy.com.
§ 4 Use of fee-based services
- For registered users, fee-based services are made available by Bus-Italy.com. The respective services and the amount of the costs arising from the use of these services is determined on a regular basis, based on the respectively applicable Bus-Italy.com price list.
- The use of the fee-based Bus-Italy.com services requires a user registration with Bus-Italy.com. A separate user contract is concluded between the user and Bus-Italy.com for the use of fee-based services. The contract term, services and costs are determined by the respective user contract between the user and Bus-Italy.com.
- The respective user shall bear any additional or unplanned costs that arise from the participation in the direct debit scheme for the settlement of invoices. In the event of return debit notes, Bus-Italy.com calculates an additional processing fee of 50.00 euros gross.
§ 5 Duration of the registration / termination
If the user uses a fee-based service of Bus-Italy.com, registration is only possible at the earliest upon expiry of the period of use (end of contract) of the fee-based services. If the user uses several fee-based services of Bus-Italy.com, registration is only possible at the earliest upon expiry of the last expiring period of use (end of contract) of the services.
§ 6 Amendments to the Terms & Conditions
Bus-Italy.com reserves the right to modify these Terms & Conditions at any time and without providing reasons. The notification of modifications to the Terms & Conditions shall be made via the provision on the web pages of Bus-Italy.com. The modified Terms & Conditions will be communicated to users in writing and/or via email at the latest two weeks before they enter into force. If the user does not object to the validity of the new Terms & Conditions within two weeks after receipt of the email, the modified Terms & Conditions shall be considered to have been accepted. In the email containing the modified Terms & Conditions, Bus-Italy.com will separately point out the importance of this two-week period to the users.
§ 7 Guarantee
- Bus-Italy.com merely provides the technical requirements for the transfer of information and is not involved in the contractual relation between suppliers and customers, neither as an intermediary, nor as a party or as the representative of a party.
- The accuracy and the content of the offers, inquiries and information published on Bus-Italy.com is the sole responsibility of the respective supplier or author. In particular, Bus-Italy.com is not responsible for the accuracy and/or completeness of the contents published by guests and/or users. As a rule, neither the content of the offers and inquiries, nor the identity of the inquirer or the supplier can be checked by Bus-Italy.com. Bus-Italy.com is not liable for damages due to the abbreviated or falsified appearance of contents or due to the misuse of data by third parties.
- Bus-Italy.com excludes any guarantee and liability for the contents satisfying the legal provisions of the country in which they are called up. In particular, Bus-Italy.com excludes any guarantee and liability that may result due to purchase contracts or service contracts or bookings that are initiated or concluded on the basis of the Bus-Italy.com contents, not being enforceable according to the federal state laws of an affected country or in any other way leading to legal or economic disadvantages for one or both of the contracting parties of the purchase contract. Bus-Italy.com assumes no liability for contents being deleted at a certain point in time.
- The contractually owed service of Bus-Italy.com as a service provider that transmits external information in a communication net and mediates the access to the use thereof is fulfilled when the internet programme of the website Bus-Italy.com is available online for 95% of the time according to the annual average.
§ 8 Liability
- Bus-Italy.com is not liable for damages that are caused by software of Bus-Italy.com or other software of PI net consultants GbR, unless said damages are caused intentionally or due to gross negligence.
- In addition, claims for damages against Bus-Italy.com are excluded regardless of the legal reason, unless Bus-Italy.com, its agents or legal representatives have committed breaches of contract with willful intent or gross negligence.
- In any case, the liability is limited to the amount of the remuneration for the part of the delivery and service of Bus-Italy.com from which the claim for damages has resulted. Liability for lost profits is also excluded.
- Strict (no-fault) liability is excluded, as is liability for damages arising due to slight negligence. It is expressly pointed out that Bus-Italy.com assumes no liability for damages arising due to the fact that the offers are either not presented or are not presented as intended in a timely manner or at all during the term of the offer as a result of technical problems or other events over which Bus-Italy.com has no influence.
- The contents presented on the platform to which the access for use is provided by Bus-Italy.com are the sole responsibility of the respective user. All information within the context of these offers is third-party information for Bus-Italy.com in the sense of § 8 Para. 1 TMG (Telemedia Act).
- The user indemnifies Bus-Italy.com from all claims that other users or other third parties assert against Bus-Italy.com due to the violation of their rights through contents posted on the Bus-Italy.com website by the user or due to the user’s other use of the Bus-Italy.com website. In such an event, the user shall assume the costs for the necessary legal defense of Bus-Italy.com including all court costs and lawyers’ fees at the statutory rate. This does not apply if the user is not responsible for the infringement of rights. In the event of a claim by a third party, the user is obliged to provide Bus-Italy.com immediately, truthfully and in full with all information necessary for assessing the claims and for the defense thereof.
§ 9 Data protection
- The user declares his consent that, under consideration of the data protection laws that apply in the European Union, his data will be stored electronically. (2) Bus-Italy.com pledges to observe the regulations of data protection law, in particular the 4th section of the Telemedia Act, and to treat the personal data of the user accordingly.
§ 10 Suspension / blocking
- In the event of a breach of these Terms & Conditions, Bus-Italy.com may terminate the registration and the use of the service for any important reason without observation of a period of notice, and may permanently exclude users from participating. This also applies if the user misuses the system in any other way or if the user falls into arrears with the settlement of payment claims due to Bus-Italy.com. Bus-Italy.com expressly reserves the right to assert claims for damages.
- Bus-Italy.com may take the following measures if concrete evidence exists that a user violates legal provisions, rights of third parties or these Terms & Conditions, or if Bus-Italy.com has any other legitimate interest, in particularly protecting the registered users from fraudulent activities, or if the reputation of the services offered on the Bus-Italy.com website is significantly impaired by the presence of the user:
a) Deletion of inquiries and offers or other contents
b) Warning of users
c) Restriction/limitation of the use
d) Temporary blocking of the use
e) Definitive blocking or suspension from the use
- When choosing a measure in accordance with Para. 2, Bus-Italy.com takes the legitimate interests of the affected user into consideration, in particular whether there is evidence to show that the user is not responsible for the infringement.
- Bus-Italy.com may definitively exclude a user from the use of the Bus-Italy.com website (definitive blocking) if he/she: a) has provided false contact details;
b) transfers or makes his user account available to third parties;
c) causes substantial harm to other Bus-Italy.com users or Bus-Italy.com itself and misuses services of Bus-Italy.com;
d) considerably impairs the reputation of Bus-Italy.com through his/her own presence and thus has a damaging effect on the services of Bus-Italy.com;
e) or if another important reason exists.
- As soon as a user has been suspended or blocked, this user may no longer use the Bus-Italy.com website even with other user accounts, and may not log in or register anew.
- After a user has been definitively suspended or blocked, there is no claim to restoration of the blocked user account. In the event that the contractual relationships between the parties are resumed following termination of the contract, Bus-Italy.com is entitled to claim any potential fees for the reestablishment of the contract, in accordance with the respective applicable price list.
- In the event of a termination due to an important reason or blocking due to the above-mentioned principles, no reimbursement of already-paid costs shall be made.
§ 11 Copyright and right of use
- All data, information, company logos, texts, programs and images are subject to copyright. Bus-Italy.com is granted the rights of use to the contents posted to the website and the database by the users. The modification, further processing and usage in media of all kinds by third parties is only allowed with the written permission of Bus-Italy.com. The rights of the user remain unaffected by this.
- In particular, advertisements, inquiries and offers are subject to the exclusive right of use of Bus-Italy.com. The advertisements and offers may only be further processed or published on other internet pages or in other media by third parties, whether individually or in their entirety, with the written permission of Bus-Italy.com. The rights of the user to his own contents remain unaffected by this. The user continues to have free disposal of his own data and information.
§ 12 Place of performance
The performance of Bus-Italy.com consists of the input of the Bus-Italy.com services in the internet as well as in associated internet marketplaces.In the technical and legal sense, this performance is rendered in 29439 Luechow, Germany, thus the place of performance in the legal sense is Lüchow. Every other place in which the Bus-Italy.com service is additionally available shall not be taken into consideration for contractual, liability and legal claims bound to the place of performance. Bus-Italy.com makes no guarantee that the offers are compliant with the legal stipulations of the country in which the offers and data are available.
§13 Written form, validity of German law, place of fulfillment, place of jurisdiction
- All declarations that are submitted in the context of the registration to be concluded with Bus-Italy.com must be made in writing. Submission via email is sufficient.
- The postal address as well as the email address of a user are provided by the user as the current contact details in his user account.
- The participation and use of the Bus-Italy.com offer as well as the Bus-Italy.com Terms & Conditions are subject exclusively to German law in application and interpretation, with the exclusion of UN sales law.
- The place of fulfillment is Luechow, Germany.
- For all claims arising from and due to the participation in the Bus-Italy.com offer or from the registration and these Terms & Conditions, Luechow is agreed upon as the place of jurisdiction, insofar as the participant is a businessman in the sense of the Commercial Code, a special fund under public law or a legal entity under public law. The same applies if the user moves his domicile to a foreign country after conclusion of the contract or does not have a general place of jurisdiction in Germany.
- § 312b-312d BGB (German Civil Code) in connection with § 1 BGBInfoV (Decree on the duty to provide information) does not apply to the legal relationships between the user and Bus-Italy.com.
§ 14 Severability clause
The invalidity of individual provisions of these General Terms & Conditions does not affect the effectiveness of the other conditions. Ineffective provisions shall be replaced primarily by provisions that come closest to the ineffective provisions economically and in a legally effective manner, with the second priority being provisions that come closest to the legal regulations. The same applies to any regulatory gaps.
Luechow, January 2019