Version: 16. October 2006

The website www.autostopp.net (hereinafter “autostopp.net“) is a service of autostopp.net GmbH (an Austrian company with limited liability, hereinafter “Operator“), Paris-Lodron-Straße 3a/8a, A-5020 Salzburg. By using autostopp.net the user (hereinafter “User“) accepts the GTC as binding. The services of autostopp.net are exclusively provided based on these GTC. Ancillary agreements do not exist and can only be made in writing and in exceptional cases.

autostopp.net is a platform on which Users can post and read inserts for the arrangement of car pools. In doing so autostopp.net gives no guarantee for an arrangement of car pools. autostopp.net consists of contents arranged by the Operator or made available to the Operator by third parties, in particular by Users (“User-Contents“). A continuous change of the contents is part of the services and does not constitute a change of the services. The User warrants that he is the owner of all rights in the contents made available to autostopp.net or that he has obtained the required rights from the actual owner.

Posting inserts on autostopp.net as well as contacting other Users requires prior registration with autostopp.net. During registration the User must actively accept the GTC. Registration only becomes effective after that. A User-ID is sent to the User in the course of the registration process. This is done by email. A rejection of the membership or a termination of the membership can be made at any time by email without giving reasons. By registering with autostopp.net the User explicitly accepts that he may be contacted by other Users via email, SMS or by telephone for the arrangement of a car pool.

The User must not manipulate autostopp.net without authorisation, must not use autostopp.net for posting contents which are pornographic, child-endangering, national socialist, glorifying violence, racist or of a similar kind and must not disseminate any unsolicited mass mailings. The User warrants that he will not make any incorrect or misleading statements during registration. It is prohibited to use autostopp.net as a source of income for profit. Using autostopp.net for commercial passenger transportation is expressly prohibited. The contents offered by the Operator may be protected by copyrights and/or trademarks and/or other intellectual property rights. Copies, also of extracts, in particular for commercial advertisements or use, shall require the prior written consent by the Operator. The Operator does not warrant that all contents on autostopp.net bear a comprehensive copyright notice. The User agrees that his inserts are treated pursuant to the partners’ terms of business on websites of partners cooperating with autostopp.net.

The Operator does not give any warranty for the uninterrupted availability of the services. Unforeseeable events, such as force majeure, strike, acts of an authority, breakdown of means of transmission or other interruptions which are not within the control of the Operator, release the Operator from the obligation to provide services and from any warranty. The Operator will take all reasonable measures to remove such interruptions as soon as possible. The Operator gives no warranty that the contents, including the User-Contents, are correct and up to date. The Operator only shall be liable for intentional conduct and gross negligence. Any liability of the Operator for User-Contents shall explicitly be excluded. Neither shall the Operator be liable for the contents of other websites accessed via links created by the Operator or Users. The User agrees and consents that he uses the contents contained in autostopp.net at his own risk, that he relies on these contents at his own risk and that he will not raise any warranty claims against the Operator based on the contents of third parties. The Operator shall in particular not be liable for car pools that did not materialize, the consequences and any arrangements made among members.

Simple memberships by registration are free of charge and run for an indefinite time. The account of a User may be terminated at any time.

The Operator reserves the right to change his GTC with regard to his interests. The current GTC will be published on the pages of autostopp.net respectively. By using autostopp.net after publication of the respective new GTC the User accepts the amendments made.

9. Partial Invalidity

In case that provisions of these GTC shall be or become invalid or unfeasible the parties shall be obligated to replace the invalid or unfeasible provisions by other valid and feasible provisions respectively which in their economic effect come so close to the invalid or unfeasible provisions that it must be reasonably assumed that the parties would also have entered into the contract with this provision. In case that such a provision cannot be found, the invalidity or lacking feasibility of one or several provisions of the contract shall not affect the validity of the GTC in their entirety, unless the invalid or unfeasible provisions are of such significant importance for the contract that it must be reasonably assumed that the parties would not have concluded the contract without the invalid or unfeasible provisions. The same shall apply to any loopholes in the contract.

It is expressly agreed that the present contract shall be governed by Austrian law. The place of performance shall be Salzburg. Salzburg shall be the agreed place of jurisdiction. In case that claims are brought against a consumer, if the Austrian Act on the Protection of Consumers (KSchG) applies, section 14 KSchG shall apply, thus the jurisdiction of the court in whose jurisdiction the consumer has his domicile, habitual residence or place of employment.

<- download