Terms and Conditions

WaitSafe - general terms and conditions of business and use

WaitSafe Prieto González & Schubert GbR (hereafter "WaitSafe") operates an online service on the website waitsafe.com for booking appointments for locations with public traffic (hereafter "online service"). Registered providers can offer these independently and on their own responsibility appointments for such places for booking.

For the out-of-court settlement of consumer disputes, the European Union has initiated an online platform ("OS Platform"): ec.europa.eu/consumers/odr
In accordance with § 36 VSBG, we would like to point out that WaitSafe does not participate in dispute settlement procedures before a consumer arbitration board.

1. scope, online service

1.1 These terms of use govern the conclusion of the user agreement with WaitSafe and the use of the online service. In addition, separate conditions may apply for special situations of the user relationship.

1.2 In the event that a contract is concluded between the provider and the person making the booking via the online service, WaitSafe shall not be a party to the contract. Special cases shall be negotiated individually and require further contractual conditions.

1.3 A certain availability of the online service is not guaranteed. Regular or scheduled maintenance work will be carried out at times of minimum usage and will be announced in advance if it is of considerable duration. In addition, unannounced maintenance measures may be necessary, for example, in the event of unforeseeable disruptions.

2. registration as provider

2.1 Visiting and viewing the online service is basically free of charge and requires no registration. For certain functions, in particular the offering of appointments, a free registration as a provider is required.

2.2 By registering and agreeing to these terms of use and the privacy policy, individuals and legal entities may become members of WaitSafe. Natural persons must be of legal age. There is no entitlement to membership of WaitSafe. The registration of a legal entity may only be carried out by a natural person authorised to represent the legal entity, who must be named. In the event that a community of persons can only be effectively represented by several persons, the natural person acting on behalf of the community of legal persons at WaitSafe must be authorised to do so.

2.3 During registration, the provider chooses a password. The password is to be chosen carefully and always kept secret.

2.4 After completion of the registration process - by filling out the registration form and pressing the appropriate button - WaitSafe will send a message to the e-mail address provided by the applicant during the registration process. The agreement with WaitSafe shall only be concluded when the registering party accesses the Internet address provided in this e-mail. The member may correct any errors in the entries at any time before saving them.

2.5 Upon successful registration, the provider receives his own profile. Within this profile the entered data can be corrected and/or extended independently at any time. Providers are obliged to keep their personal data correct at all times and to update it unsolicited in the event of changes.

2.6 WaitSafe will save the terms and conditions of the contract agreed with the member after the registration process has been completed and will send them to the provider in the contract confirmation sent by e-mail. It is recommended to keep this email permanently.

2.7. member accounts are generally not transferable and may only be used by the provider personally.

2.8 WaitSafe will make every effort to establish the identity of its members, however, it cannot be excluded that members may provide a false identity.

3. right of revocation for consumers
REVOCATION POLICY
Consumers have the following right of revocation:

right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is 14 days from the day of the conclusion of the contract.
To exercise your right of revocation, you must inform us (WaitSafe Prieto González & Schubert GbR, Fritz-Reuter-Allee 56, 12359 Berlin) by means of a clear statement (e.g. an e-mail or a letter sent by post) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. If you revoke this contract, we shall be obliged to reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the service should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided for in the Agreement.
Special remarks
In the case of a contract for the provision of services, the right of withdrawal expires when the trader has provided the service in full and has only started to provide the service after the consumer has given his express consent to do so and at the same time has confirmed that he is aware that he will lose his right of withdrawal if the trader has fully performed the contract.

END OF THE REVOCATION POLICY
The right of cancellation remains unaffected.

4. conclusion of contracts between provider and booking person

A booking of a date is generally considered to be non-binding. Under certain circumstances, however, a legally effective contract may be created. WaitSafe shall not be involved in the conclusion of such an agreement and shall not make any promises or guarantees with regard to the services offered by the provider. The providers of services are responsible for the description of their offers.

5. costs

The registration as well as the pure membership as provider are free of charge. WaitSafe can set up costs in the future in the form of fees, commissions or other remunerations, which will always be transparently displayed depending on the situation before booking certain options and which can be viewed in the pricelist when used.

6. obligations of the provider

6.1 When using the online service, providers are bound by applicable law, the observance of good morals, as well as the rules that WaitSafe sets up for proper use (see 1.2.) In particular, the provider shall be fully responsible for its own content.

6.2 Providers are obliged to keep the access data to their own profile secret at all times and to notify WaitSafe immediately if there is any suspicion of unauthorized use of the member account by an unauthorized third party.

6.3 Furthermore, addresses, e-mail addresses and other contact data that have come to the knowledge of a member in the context of the use of the provider may not be used for other purposes or passed on.

6.4 Users are prohibited from using harmful technologies that may harm or harass the online service, providers or third parties, or from causing an excessive load on the online service, or from publishing content that may compromise the integrity, stability or availability of the online service.

6.5 We would like to point out that content on the online service is generally available worldwide and therefore, depending on the case, the legal requirements of other countries may have to be observed.

7. sanctions and other measures in case of infringements

7.1 As soon as WaitSafe has concrete evidence of a violation by a provider of legal regulations, the rights of third parties, these terms and conditions of use, the rules of the online service or other legitimate interests (hereinafter: "suspicion of abuse"), WaitSafe reserves the right to take measures against this provider. When selecting the measures WaitSafe shall take into account the operational requirements of the online service, its own liability risks, as well as the legitimate interests of any claimants and the provider in its decision. Until the suspicion of misuse has been completely cleared, WaitSafe may, among other things:

  • warn the provider to immediately cease any infringements when requested to do so;
  • change contents of the provider or delete them without replacement;
  • temporarily restrict or limit membership accounts;
  • temporarily suspend member accounts
  • Exclude providers completely and permanently.

WaitSafe expressly reserves the right to take further measures. Legal claims of WaitSafe due to misuse remain unaffected by these measures.

7.2 After becoming aware of a suspicion of misuse, WaitSafe will inform the provider and set a reasonable period of time for the provider to respond, depending on the individual case.

8. release from liability

The user of the online service shall indemnify WaitSafe from any claims made by third parties against WaitSafe due to a breach of law or obligation by the provider, unless the provider is not responsible for the breach of obligation. This includes in particular the illegal or contractually violating posting of content. WaitSafe shall also be reimbursed for reasonable costs of legal defense (especially attorney’s fees), which WaitSafe has demonstrably incurred through the misconduct of a provider. In the event of any such legal or out-of-court dispute, the provider shall be obliged to provide WaitSafe with all necessary information, as well as documents and other records required for the defence.

9. termination

The contract of use shall run for an indefinite period of time and can be terminated by both the provider and WaitSafe at any time with seven (7) days’ notice. A written notice to WaitSafe or the cancellation in the profile via the menu item "Provider profile" shall be sufficient for the provider to give notice of termination.
The right of extraordinary termination remains unaffected. WaitSafe shall be entitled to take temporary measures in accordance with clause 7 during the course of the set period.

10. rights of use

10.1 The member shall grant WaitSafe the rights necessary to execute the agreement with respect to the content placed by the member on the online service. This includes in particular the right to reproduce, distribute, make publicly available or edit the content posted by the provider as necessary. Depending on the content posted, the required use may continue beyond the termination of membership.

10.2 The rights granted are granted to WaitSafe by the provider as a simple, unlimited and free right of use.

11. limitation of liability

11.1 The following regulations concerning the limitation of WaitSafe’s liability shall apply to all claims for damages and liability cases, regardless of the legal basis on which they are based, except for:
a) claims of the provider due to damages resulting from injury to life, body and health,
b) rights and claims of the provider in case of fraudulent concealment of a defect by WaitSafe or due to the absence of a quality for which WaitSafe has provided a guarantee,
c) Claims and rights of the provider, which are based on intentional or grossly negligent behaviour of WaitSafe itself, its legal representatives or vicarious agents, as well as
d) Claims of the provider according to the product liability law.
For the exceptions mentioned above, the legal regulations remain valid however.

11.2 WaitSafe shall only be liable for damages caused by slight negligence in the event of a breach of essential obligations (cardinal obligations), i.e. obligations whose fulfilment is necessary to achieve the purpose of the agreement or on whose fulfilment the contracting party may regularly rely. In the event of a breach of cardinal obligations the liability of WaitSafe is limited to compensation for typical damage that was foreseeable for WaitSafe at the time of the conclusion of the contract. In all other cases WaitSafe shall not be liable for damages caused by slight or simple negligence.

11.3 Any liability for non-existing availability of the online service is excluded. WaitSafe shall also not be liable for any initial defects, regardless of negligence or fault.

11.4 WaitSafe is not liable for the execution of contracts between providers and booking persons.

12. assumption of contract by third parties

WaitSafe is entitled to transfer its rights and obligations under the usage agreement in whole or in part to a third party with a notice period of four (4) weeks. In this case the provider is entitled to terminate the user agreement within three (3) weeks after receipt of the notification with a notice period of four (4) working days.

13. amendment of the general terms and conditions

WaitSafe reserves the right to change these terms of use at any time and to subject the use of the online service to new or additional contractual terms. The amended terms and conditions shall be sent to the member by email, subject to reasonable notice before they come into effect. They shall become effective if the Member does not expressly object to the changes before the respective time of coming into effect. WaitSafe shall inform the member of the possibility of objection and the consequences of inaction when sending the amended terms and conditions. In the event that the member objects to the changes, WaitSafe may terminate the user relationship.

14. final provisions; applicable law; place of jurisdiction

14.1. the contract language is German. Correspondence between WaitSafe and the providers shall be in German or English. Any translation of these terms of use available on the online service shall not be binding; only the German version shall be authoritative.

14.2 WaitSafe, as the operator of the online service, has unrestricted digital housekeeping rights.

14.3 WaitSafe may also use third parties as so-called vicarious agents for the purpose of fulfilling the agreement. Claims against WaitSafe may not be assigned to third parties, either in whole or in part.

14.4 All legal disputes arising in connection with the contract of use shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory legal provisions of the country of residence of a consumer shall remain unaffected.

14.5 The exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law is the registered office of WaitSafe. This shall also apply if the provider has no general place of jurisdiction in Germany, the provider relocates his residence or usual place of abode out of Germany or the residence or usual place of abode is unknown.

As of May 4, 2020

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