HitchHike General Terms and Conditions
usus GmbH, Obergütschstrasse 22, 6003 Luzern, Switzerland
("HitchHike"; "we") operates an online platform and
sub-platforms for the formation and management of carpooling and provides
additional services ("Platform"). The Platform can be accessed, e.g.,
through the internet addresses https://sayhi.hitchhike.ch or www.sayhi.eu.
Application of the GTC
These general terms and conditions ("GTC"),
together with the provisions declared binding in these GTC, but are recorded
outside these GTC, particularly the code of conduct of HitchHike, govern the contractual
relationship between HitchHike and its Users. They apply to the use of the Platform
by the Users and to all services provided by HitchHike to the Users in
connection with the Platform.
Unless otherwise indicated by HitchHike, these GTC
(including any amendments) also govern future service offerings of HitchHike
(e.g., upgrades, feature expansions, additional services).
Status of HitchHike
HitchHike is not involved in the relationship between the Users
as an agent, party, or representative of any party. Instead, it operates solely
as the operator of an online Platform and provides it to the Users.
HitchHike does not offer any transportation services or
similar services. The carpools are formed solely among individual Users.
HitchHike, its representatives, employees, and assistants are in no way liable
for the formation and execution of carpools and the associated risks, and they
do not assume any liability for their fulfilment.
Only natural persons who are of legal age and have legal
capacity can register as users ("User" or "You").
There is no entitlement to register and use the Platform or
to avail of any services. HitchHike is free to reject a registration, exclude You,
or prohibit the use at any time.
the contract with HitchHike
The contract between HitchHike and You regarding the use of
the Platform is concluded once (i) You have created a User Account according to
section 2.3.1 using an electronic registration form, and (ii) HitchHike has
accepted this offer by granting access to the Platform.
Creation of the
user account and profile
To use of the services of HitchHike, requires a User account
with your personal information ("User Account"). HitchHike
provides a web form for creating a User Account. You are obliged to provide
truthful information when creating your User Account and to promptly update
this information for any future changes.
User Accounts are non-transferable. The access data must be
kept confidential under all circumstances. If disclosed to third parties, You
must change the password immediately and inform HitchHike. HitchHike is
entitled to assume that You logged in using your access data. You remain fully liable
for the use of your User Account by third parties.
HitchHike compiles general information about You in a "User
profile" accessible to other Users ("User Profile").
Additional information is shared with other Users to arrange carpools (e.g.,
first and last name, phone number, profile picture); Subject to section 8, HitchHike
allows You to partially control which information You want to share with other Users.
Further details on our handling of personal data can be
Deletion of the user account by you
You can delete your User Account at any time. The deletion
of a User Account is automatically considered as a termination of the contract
with HitchHike. If You are offering carpools on the Platform at this time,
these offers will be deleted automatically.
Termination by HitchHike
HitchHike may terminate the contractual relationship with You
at any time without notice. HitchHike will consider this, in particular, if You
violate these GTC or the Code of Conduct, commit infringements against other
HitchHike Users, engage in actions that harm the reputation of HitchHike, or in
the case of changes in legal or technical standards that make it unreasonable
for HitchHike to continue providing services in whole or in part.
Access to the
After creating a User Account, You will have access to the User
area ("User Area"). In the User Area, You have access to
functions that allow You to offer carpooling to other Users or search for
Whether You form a carpool and with whom You do so is
entirely at your discretion and risk.
HitchHike creates private or public carpooling communities
("Community"/"Communities") on its own
initiative or on behalf of third parties, each a "Partner",
("Partner Community"). Within public Communities, there may be
multiple Partners who provide carpooling points or (co-)finance their
The Partners define the rules for selection, eligibility for
use, and exclusion from their Communities. HitchHike provides advisory support
to ensure that these rules are designed in the interest of all parties. These
rules apply in addition to these GTC. If You believe that You have been wrongly
denied access to a Community or have been excluded from a Community, please
contact the respective Partner, our User service via chat on the Platform (via
the web on the internet), or via email@example.com; we will then forward your
request to the Partner. The same applies if You believe that another User is
part of a Community even though this person does not meet the corresponding
Joining HitchHike Communities (without Partners) is only
associated with additional requirements or restrictions if HitchHike defines them
accordingly in the description of the Community.
HitchHike and the Partners reserve the right to adjust,
expand, or delete conditions of individual Communities. This may result in You
being excluded from a Community.
There is no entitlement to admission to a Community.
services of Hitchhike
HitchHike may offer You additional, partly chargeable
supplementary services. The conditions under which these additional services
are offered are visible on the Platform. HitchHike reserves the right to adjust
the type and scope of these additional services at any time, limit them in
time, or remove offers.
these GT and the Code of Conduct
All Users shall comply with the provisions of these GTC and
the Code of Conduct. If You notice any violations of the Code of
Conduct or the GTC by other Users, we kindly ask You to report this to our User
service via chat on the Platform (via the web on the internet) or via
Users offering carpooling through the Platform are
responsible for ensuring that they (i) have the necessary permits and abilities
to offer the respective trip safely and in compliance with the law, (ii) their
vehicle complies with all legal requirements, particularly for its use in road
traffic, and (iii) the legally required insurance coverage exists. HitchHike
does not carry out its own examination in this regard.
carpooling services and prohibition of commercial use
Users offering carpooling opportunities and those taking
advantage of them agree on the terms of the trip, especially the compensation,
themselves. They must observe the Code of Conduct in doing so.
HitchHike is not a party to this agreement and is not responsible for ensuring
that the trip takes place as agreed, that the compensation is appropriate, or
that compensation is actually paid.
If You receive payment for the carpooling, it is your
responsibility to correctly declare these earnings to the authorities
(especially tax authorities) and any contractual partners (e.g., your
Offering rides for commercial purposes (taxi service, Uber
rides, etc.) is not permitted without explicit consent from HitchHike.
for your content
You shall provide accurate and non-misleading information
regarding the use of services from HitchHike and when offering or searching for
carpooling. You are responsible for the completeness and accuracy of the
provided data and information and must keep it up to date at all times.
It is not allowed to offer any services (or products) other
than carpooling. Direct or indirect advertising for commercial services is
It is prohibited to share any content through the Platform
that violates personal rights, is illegal, morally objectionable, or otherwise
violates rules of decency, or to misuse the chat function for such purposes. If
You discover such content on the Platform, we kindly ask You to report it
immediately via firstname.lastname@example.org or support chat.
You guarantee that the information used in the creation of
the User Account, User Profile, or in any other way (such as texts, logos,
images) is free from third-party rights, or You have the necessary rights for
it. In particular, the use of images that You did not create yourself or for
which You have not acquired rights is prohibited.
Actions by Users that impair the proper operation of the Platform
or could overload it, such as the use of software, scripts, or other
mechanisms, are prohibited.
The use of robots, crawlers, etc., to copy the content of
the Platform is prohibited. Upon request from HitchHike, data obtained in this
way by the respective User must be deleted. Claims for damages remain reserved.
in connection with received personal data
If You receive personal data of other Users or third parties
through offering or searching for carpooling, You may only use this data
exclusively for the purpose of conducting the corresponding trip (or, if
applicable, for enforcing legal claims in connection with the trip) and are
obliged to delete this data afterward and not to pass it on to third parties.
violating services and obligations
If you violate service or other obligations, HitchHike may
block or delete the User Account without stating reasons. In connection with
such blocks or deletions, You may not derive any claims against HitchHike.
Claims by HitchHike are subject to section 7.4.
HitchHike may display service offerings from third-party
providers or Partners on the Platform ("Service Providers").
This includes the management of admission and exclusion processes in Partner Communities.
The conditions under which these services are offered are
determined by the respective Service Provider. HitchHike merely facilitates the
contact between Users and these Service Providers and does not guarantee their
performance. HitchHike and the Service Providers reserve the right to adjust
the nature and scope of these offers at any time, limit them in time, or remove
All rights regarding information, elements, and content of
the Platform (such as copyrights, trademarks, and other protective rights) with
the exception of content transmitted by Users, are owned by HitchHike in
relation to You. Without prior written consent from HitchHike, the publication,
reproduction, transmission, modification, and/or linking of information,
elements, and content of the Platform for public and/or commercial purposes in
any form is prohibited.
HitchHike is liable only for direct damages resulting from
intentional or grossly negligent actions of HitchHike itself. Furthermore,
subject to mandatory legal provisions, any liability of HitchHike, as well as
its organs, representatives, or assistants (including third parties providing
services for HitchHike), for damages, including in particular indirect damages
or consequential damages (such as lost profits or consequences of data
loss/data theft), regardless of the legal basis, is excluded.
Any liability of HitchHike for the misconduct of Users is
malfunctions, maintenance, and capacity limitations
HitchHike strives to keep the Platform as accessible as
possible. However, due to maintenance, security, or capacity reasons or events beyond
HitchHike's control (such as disruptions and interruptions of public
communication systems, power outages, etc.), there may be disruptions or
temporary suspension of the Platform's operation. HitchHike reserves the right
to temporarily limit the input and retrieval of offers or searches for carpooling
for maintenance, security, or capacity reasons.
Therefore, HitchHike is not liable for the temporary
unavailability of the Platform, the failure of individual or all website and Platform
functions, or for malfunctions of the Platform, especially not for damages
caused by software defects, hacker attacks, or problems caused by other
liability for user and third-party content
HitchHike is not liable for the timeliness, correctness,
legality, completeness, or quality of the content published on the Platform by Users
or third parties or the content of websites accessible via links on the Platform.
The websites linked through HitchHike services or websites
that offer links to third parties are entirely beyond HitchHike's control.
HitchHike assumes no liability for the accuracy, completeness, and legality of
the content of such websites, as well as for any offers and services contained
therein. Making connections to these or other websites is done at your own
users for breach of contract; indemnification
Users are liable to HitchHike for any damages caused by
breach of contract.
Users shall indemnify HitchHike for all claims of third
parties (e.g., other Users, individuals participating in road traffic, tax
authorities) arising from (i) the violation of third-party rights due to the
content made accessible by Users on the Platform or (ii) in connection with
actions or omissions of the User (or corresponding assistants) in carpooling.
Users shall compensate HitchHike for any resulting, further damages. In
relation to HitchHike, the User assumes sole liability and all necessary and
useful expenses and costs of the judicial and extrajudicial defense of such
claims (including court and reasonable attorney's fees).
Users form carpools exclusively among themselves and at
their own risk; HitchHike is not a party to this agreement.
If other Users or third parties address claims against You
in connection with the Platform or carpooling enabled thereby, HitchHike will
refer them to You. HitchHike reserves the right to disclose information about You
(especially name and residential address) to these third parties.
Normally, we will inform You about the fact that we have
disclosed this information to third parties. However, we reserve the right to
refrain from such notification if legitimate interests of HitchHike or third
parties speak against it.
HitchHike's handling of personal data of Platform Users is
rights or obligations to third parties
HitchHike is entitled to transfer the contractual
relationship with You or individual rights and obligations from the contractual
relationship, in whole or in part, to a third party, to pledge them, or to have
them exercised by a third party; HitchHike ensures that the third party fulfils
any obligations from this contract.
You may only transfer or pledge the contractual relationship
with HitchHike or individual rights and obligations from it to a third party
with the prior written consent of HitchHike.
You are not entitled to set off your claims against
HitchHike with claims from HitchHike.
Subject to section 10.5, agreements
deviating from these GTC are only valid if HitchHike has expressly agreed to
them in writing.
The invalidity and/or ineffectiveness of individual
provisions of these GTC do not affect the effectiveness of the remaining
provisions. Any invalid or ineffective provisions shall be replaced by those
that most closely correspond to the meaning and purpose of the invalid or
ineffective provisions in a legally effective manner. The same applies to any
Amendment of the
GTC and der Service Offering
HitchHike reserves the right to change these GTC and the
provisions declared binding in these GTC, but are set forth outside of the GTC,
at any time and without stating reasons and to publish the current version on
the Platform. In addition, HitchHike will inform You by e-mail or another
suitable communication channel about the changes.
The changes shall be deemed accepted if You do not object to
them in writing within 10 days after notification or if You continue to use the
Platform or other services of HitchHike after the dispatch. In the event of an objection,
the previous provisions shall continue to apply. However, HitchHike reserves
the right to terminate the contract with immediate effect.
HitchHike reserves the right to change the service offering,
in particular the Platform and its design, at any time or to offer deviating
services. Users are solely responsible for any necessary adjustments and the
German Language Version
In the event of any inconsistency between the English language
translation of this GTC and the German version of the GTC, the German version
of the GTC language translation shall take precedence.
The contractual relationship between the User and HitchHike
(including these GTC) is governed exclusively by Swiss law, to the exclusion of
All disputes or claims arising from or in connection with
the contractual relationship between You and HitchHike, including its validity,
breach, or termination, shall be decided by the ordinary courts. Exclusive
place of jurisdiction is City of Lucerne, Canton of Lucerne. HitchHike reserves
the right to sue Users in any other competent court. Any mandatory consumer
jurisdictions remain reserved.
2023 © usus GmbH, HitchHike / V.3.0