General terms & conditions – “Dizzbo” – carriers and shippers

 

1 Subject

1.1 Dizzbo GmbH operates an interactive marketplace as a platform for part loads of general cargo underwww.dizzbo.com. The present general terms & conditions form the legal basis for the use of this platform. The application of other terms & conditions of the user for this platform is excluded.

1.2 Dizzbo is a neutral and independent online transport marketplace where, on the one hand, carriers offer free and unused cargo space, and on the other, shippers of goods may book this cargo space for the shipment of part loads.

1.3 As an innovative transport platform, Dizzbo has a future-oriented approach and commits to the thorough digitalisation of communication. In order to act in an efficient, environmentally friendly manner, the entire process is paperless. Interaction between the user and Dizzbo is generally carried out in digital form. In order to become part of the future-oriented Dizzbo community, it is necessary for the user to fulfil the corresponding technical prerequisites.

1.4 The term “user” encompasses carriers, drivers and shippers equally as users of this platform.

1.5 By registering on the platform, the user accepts the present terms & conditions of Dizzbo. The operator is entitled to modify the terms & conditions at any time. Dizzbo shall announce this at least 4 weeks beforehand. The user is entitled to object to the modified terms & conditions within 2 weeks; if no such objection takes place, the changes are automatically deemed accepted.

1.6 Dizzbo reserves the right to refuse users’ registration without providing reasons.

 

2 Functionality

2.1 Use by the carrier

2.1.1 Use of the platform Dizzbo requires the registration and opening of a user account by the carrier, his drivers (for use by the driver see 2.2) and the installation of the Dizzbo driver app on the drivers’ mobile phones. When doing so, the carrier must declare details in accordance with the registration form. After submission of the documents necessary for the registration (e.g.: carrier data sheet, driver data sheet, EU license, confirmation of insurance coverage), the registration is concluded and the carrier receives the relevant access details and a personal ID. For downloading the app, various options are available depending on the mobile telephone used (private telephone of the driver, company telephone associated with the driver or truck). You will find these on the website www.dizzbo.com.

2.1.2 After successful registration on the portal and installation of the app, the carrier and his drivers may register disposable cargo space in the system. The carrier expressly agrees that the driver may carry out this secondary activity during the normal working hours.

 

2.1.3 The carrier has the possibility to include drivers in his carrier profile; these drivers may then register cargo space on the platform. If available cargo space is offered by the driver, the carrier automatically receives a pop-up or email notification. Only after the carrier has given his approval on the platform is the cargo space released for the shipper.

2.1.4 As soon as a cargo space is offered on the platform, a binding offer has been made. The offer remains valid for as long as it is possible to carry out transportation with the stated conditions. Upon booking the offered space, a contractual relationship with Dizzbo is automatically established.

2.1.5 After booking the offered cargo space, the carrier receives all the necessary transport information via email. The driver also receives this on his mobile device at the same time.

2.1.6 The carrier must check in advance whether the commissioned transportation service is feasible for him in compliance with the legal provisions. Should the transportation service to be implemented not be feasible for specific reasons, or should it pose a threat to road safety, the booked order may be cancelled within 30 minutes by means of a button specially created for this purpose. Every cancellation must be justified and documented.

 

2.2 Use by the driver

2.2.1 When registering the driver, the following details must be provided:

  • First and last name
  • Telephone number
  • Language

2.2.2 After the registration has been completed, the driver automatically receives an authentication code and a personal ID from the system. 

2.2.3 After successful registration on the portal, the driver may register disposable cargo space in the system. The release of the cargo space is carried out exclusively by the carrier (see 2.1.3).

2.2.4 If the cargo space is booked, the driver receives all necessary transport information on his mobile device. In order to ensure that it is possible to determine the location, it is necessary for the driver to keep the Dizzbo app active throughout the entire assignment.

3 Remuneration

3.1 Use of the Dizzbo platform is free of charge.

3.2 Carriers: the remuneration of the carrier depends on the volume and the additional distance. Only the cargo space actually booked by the shipper shall be remunerated. After successful registration, the carrier may use a price calculator on the platform to pre-calculate future assignments by inputting the parameters (data of the cargo load: detour, entire travel distance of the cargo load, pallet storage spaces). By releasing the cargo space, he accepts the price calculation model on which this calculation is based.
Upon concluding the contract of carriage, the carrier receives the final cargo price.

3.3 Drivers: for each cargo space registered by the driver and booked by a shipper, the driver receives a commission, regardless of the respective travel distance. The minimum amount is €15. The claim to the commission arises after execution of the transportation service. Settlement takes place monthly on the fifth of each month for the previous month. The driver himself is responsible for any duties (e.g. taxes, social security contributions). Dizzbo assumes no liability for these duties.

3.4 The prices calculated on the platform include all the usual costs of transport, such as tolls and fuel, and are exclusive of the statutory value added tax.

3.5 Dizzbo retains the right to make price adjustments at any time, in particular in the course of collective or legal wage increases or in the event of increases in additional transport costs such as fuel or tolls.

3.6 Settlement takes place exclusively in digital form (invoice or credit note). Invoices and credit notes are sent by email and may also be called up on the platform. The payment deadline is 14 days net after execution of the transportation service. With regard to the driver’s settlement, see 3.3. 

 

4 Technical provisions

4.1 Dizzbo makes the platform available to users free of charge; however, it does not guarantee the continuous availability of the platform and retains the right to carry out maintenance to the system at any time, which may limit or briefly interrupt the functionality of the platform. If possible, such maintenance measures will be announced at least 24 hrs beforehand. Dizzbo assumes no liability for damages caused by system failures, in particular lost profits.

4.2 The user must ensure that he meets all the necessary technical prerequisites for the use of the platform. The user is obliged to take precautions to ensure that the use of the platform does not result in any unlawful or inaccurate contents or damaging software making their way onto the platform.

4.3 Login details must be kept secret by the user and may not be passed on to third parties. In the event of third parties becoming aware of the details, Dizzbo must be informed immediately. In the event of unauthorised disclosure of the login details, the user is responsible for any damages. Dizzbo retains the right to change the login details of the user or to block the account if user profiles are misused.

4.4 The user is obliged to provide correct and complete data and to always check these as to their topicality. If incorrect or misleading data or information is provided, Dizzbo is entitled to block users temporarily or permanently.

 

5 General requirements

5.1 The carrier shall ensure that all orders are carried out by reliable and qualified staff and that the driving personnel employed have been specifically trained and instructed and possess the required driving licenses, the required work and residence permits, and that all regulations relating to labour, fiscal and insurance law are observed.

5.2 The carrier commits to observe all the legal provisions relevant for him, in particular regulations regarding data protection and minimum wages, and to ensure that all reporting obligations arising in connection with the employment of foreigners and/or a deployment as well as the respective applicable wage and working conditions are observed. The carrier is also responsible for the observance of cabotage provisions, in particular Regulation (EC) 1072/2009.

5.3 The carrier commits to possess all the relevant permits, concessions and permissions necessary to carry out the respective transportation services. Furthermore, the carrier must ensure he has adequate insurance coverage; in particular, sufficient CMR insurance coverage is required.

5.4 The carrier executes the commissioned transportation service himself; transfer to a sub-carrier is excluded.

5.5 The carrier exclusively uses vehicles that meet the statutory safety-related requirements and ensures that all vehicles are equipped with the necessary cargo securing materials. Special vehicles, such as jumbos or gooseneck trucks or vehicles that are not suitable for the application of part loads, may not be used.

 

6 Transport regulations

6.1 If a freight forwarding contract is concluded between DIZZBO and the carrier, the carrier is obliged to carry out the service offered in the proper manner. Should the carrier be unable to carry out transportation services several times through a fault of his own (e.g.: due to his own scheduling faults, miscalculations etc.) and thus reject the order, or in the event of repeated poor performance, Dizzbo is entitled to block him as a user. Claims for compensation due to the blocking of user profiles are excluded.

6.2 The loading and unloading is performed by the shipper. This must take place within the usual warehouse opening hours between 8am and 5pm, and may take no longer than 45 min. The shipper guarantees to observe the instructed loading and unloading times; delays must be reported on the platform immediately. Dizzbo is not liable for damages arising due to delays at the loading or unloading point. If problems repeatedly occur at the loading or unloading points, Dizzbo is entitled to block the shipper as a user on the platform.

6.3 Excluded goods may not be transported. Excluded goods are:

  • Dangerous goods and waste
  • Weapons, ammunition and fireworks
  • Objects of high value (e.g. works of art, antiques, precious stones/precious metals)
  • High-value electronic items (e.g. smartphones, laptops, tablets)
  • Cash
  • Living or prepared animals, animal cadavers, body parts or mortal remains of humans
  • Tobacco products and spirits
  • Perishable or temperature-sensitive goods
  • Motor vehicles
  • Glass and porcelain
  • Personal effects

6.4 The shipper is responsible for packaging the goods in a proper manner so as to be fit for transport. The carrier is responsible for the cargo securing.

6.5 The consequences of overloading shall be borne exclusively by the carrier. The carrier is not entitled to transfer the burden of any penalties arising as a result thereof to the shipper or to Dizzbo, except in the event of false information from the shipper; in this case, the shipper is liable.  

6.6 Transports shall occur exclusively without the exchange of cargo.

6.7 Idle periods at the loading and unloading point are not remunerated. Therefore, demurrage is generally excluded.

6.8 Damages must be reported immediately.

6.9 The processing of the transport documents shall take place in digital form only. Based on the information provided by the shipper, Dizzbo creates digital shipping documents that are expressly accepted by the users as delivery receipts.
The carrier must ensure that the vehicles deployed are equipped with the appropriate devices for this purpose (smartphones).

6.10 The carrier himself is responsible for the issuing of documents that are required for official purposes, in particular for the issuing of the CMR consignment note for cross-border transportation services.

7 Liability

7.1 Dizzbo is not liable for damages arising due to system failures or non-availability of the platform.

7.2 Dizzbo is not liable for damages that the user suffers due to interference or attacks on his user account by other users or third parties. Should disruption or damage occur to the platform due to the import of malware, liability on the part of the operator is excluded.

7.3 The user himself is responsible for protecting his user account from access by unauthorised parties. Dizzbo is not liable for damages arising due to the loss or theft of passwords.

7.4 Without exception, Dizzbo is excluded from being held liable for the corresponding shipments being available or for orders actually being booked, unless Dizzbo deliberately caused the damage in a reckless manner. The carrier bears the burden of proof of the deliberate recklessness.

7.5 Dizzbo does not guarantee a minimum amount of cargo space or carriers. Dizzbo does not assume liability for a lack of available cargo space or demand for cargo space.

7.6 Dizzbo is liable in the course of the transportation service in accordance with the currently valid version of the ADSp [German Freight Forwarders’ Standard Terms and Conditions], unless mandatory regulations of the CMR or the HGB [German Commercial Code] to the contrary exist. In the event of damage to the transported goods, Dizzbo is liable for a maximum of 8.33 SDR per kg of gross weight. In all cases of damages caused by delays (late collection, non-collection, exceeded term of delivery), the compensation amount shall not exceed the value of the cargo.

7.7 The carrier is liable in the course of the transportation service in accordance with the currently valid versions of the CMR and the HGB [German Commercial Code]. In the event of damage to the transported goods, the carrier is liable for a maximum of 8.33 SDR per kg of gross weight. In all cases of damages caused by delays (late collection, non-collection, exceeded term of delivery), the compensation amount shall not exceed the value of the cargo.

7.8 For damages that occur due to force majeure, the nature of the transported goods, the loading or unloading by the shipper, loading point or recipient, inadequate packaging or labelling, the shipment of excluded goods as set out in 6.3 or due to circumstances that are beyond the sphere of influence or the control of Dizzbo, Dizzbo is not liable.

7.9 Dizzbo assumes no liability for contractual penalties, neither from contractual partners nor from third parties.

7.10 Dizzbo is entitled to block the user or to delete his user profile if circumstances exist that make further cooperation unreasonable (e.g. a breach of statutory provisions or these terms and conditions, no or inadequate insurance coverage).

 

8 Confidentiality and data protection

8.1 Dizzbo and the user commit to treat information that they obtain or receive in connection with this cooperation as confidential, unless this information is already public knowledge. The information may only be used exclusively for the purposes of performing the services or for the lawful use of the platform. The confidentiality obligation does not apply if a party has to take legal action in order to assert claims or is obliged to provide information to authorities. The present confidentiality obligation shall continue to be valid for a further 5 years after deletion of a user profile.

8.2 If freight information and personal data of the user are entered into the system, Dizzbo is entitled to process these data.

8.3 Dizzbo commits to provide extensive data protection and to observe all the relevant legal provisions (in particular GDPR, BDSG [Federal Data Protection Act]). Information on the processing of personal data and details on data protection are available in the data privacy statement, which can be viewed on the platform at www.dizzbo.com.

8.4 Dizzbo is entitled to obtain information on the creditworthiness of its users.

 

9 Final provisions

9.1 The user may not offset claims of Dizzbo.

 

9.2 All claims against Dizzbo, regardless of the legal reason, lapse after 6 months, unless mandatory provisions stipulate other limitation periods.

 

9.3 If a provision of these terms and conditions becomes invalid, the validity of the remaining provisions shall remain unaffected hereby. The invalid provision shall be replaced by one that comes as close as possible in meaning to its economic purpose.

 

9.4 For disputes arising from and in connection with this agreement, German law shall apply. The place of jurisdiction is the competent court in Berlin.