As the operator of the Wunder Community (also "Community") and as the creator of the Wunder app, WunderCar Mobility Solutions GmbH, headquartered at Hongkongstr. 7, 20457 Hamburg, Germany ("Wunder" or "we") is instituting these General Terms & Conditions for the Wunder Community ("Community Terms"). By participating in the Wunder Community and by using the Wunder app participants of the Community (called "Users", "Community Members", "You" - or according to their role "Driver" and "Passenger") declare that they agree with these Community Terms.
The Wunder Community is a new approach to urban mobility. Our app allows our members to carpool for non-commercial rides within the city.
1.1 Community Members
The Wunder Community is the group of its members. Members of the Wunder Community are either Drivers or Passengers. The same user can play both roles, but not at the same time.
1.1.1 General Terms & Conditions
Participation in the Wunder community is open to every natural person who is at least 18 years of age. A condition to participation is access to specific technology (e.g., a compatible smartphone). Using Wunder requires to send and receive data via a smartphone. Therefore, a mobile data contract, which will incur additional costs to the user, is required. Additionally, to use the full functionality of our app, Wunder has to send you service announcements, administrative messages and other information. You can choose to opt out for some of these messages.
1.1.2 Special requirements for Drivers
On top of the General Terms & Conditions drivers have to fulfill the following criteria: be at least 21 years old, own a valid driver’s license for at least 2 years, own a valid driver’s license for the type of vehicle you are using and that is valid in the location you are using it, have a clean criminal record and no ongoing criminal investigations. Also, drivers must not have a record of any serious driving offenses.
1.1.3 Special requirements for Passengers
On top of the General Terms & Conditions, in some locations Passengers must have a valid, sufficiently funded and accepted payment method which they have to register with our payment partner. If the last valid payment method is no longer active, users in those geographies can only continue to participate in the Community once a new valid payment method has been registered.
1.1.4 Exclusion from the Community
To protect the safety and well-being of all Community members we reserve the right to temporarily or permanently exclude individual members from the Community and from using the Wunder app.
2. Code of Conduct in the Community
2.1 Code of Conduct
In the Wunder Community, members treat each other as they would like to be treated themselves. Members are fair and honest at all times, care for safety on the road and enjoy a joint trip. All Community members will: Register with the Community under their real name and keep their personal data up to date. An anonymous participation in the Wunder community is not permitted. This serves both to protect our Community members and to build trust within the Community. Not store, process or even publish data gathered about other Community members while using Wunder (such as, but not limited to, profile picture, name, license plate number, etc.) without the affected members consent. Protect their personal log-in to the Wunder Community from unwanted access by third parties and not share their personal log-in data with others. Not use the Wunder Community and Wunder app for purposes other than those intended. Drivers are not allowed to provide to users other services (such as parcel delivery, city tours, etc.). Not misuse Wunder. For example, do not disrupt the Wunder App or attempt to access any method other than the interface and the provisions we have provided. Not use Wunder to transfer money from passengers to drivers, except for a contribution to the driver's expenses (such as fuel cost, vehicle depreciation, etc.). Not use Wunder to transfer cash advances. To respect local legislation, these Community terms and all other rules communicated by Wunder in association with the Community only apply to the extent that they do not interfere with local law. Users agree to keep themselves informed about any updates of these rules.
2.2 Code of Conduct for Drivers
Drivers will always act according to highest ethical standards and respect and protect all Passengers. They will: Never drive under the influence of alcohol or drugs. Not smoke while driving. Not answer phone calls while driving, not write text messages or otherwise let themselves be distracted. Only offer rides with their own car, which they have previously registered with Wunder. Not carry more Passengers than is legally allowed. Always buckle up and pay attention that their Passengers use their seatbelt. Offer Wunder Community rides only after having been summoned by the app and never pick up people on the street. Not offer trips for money through the Wunder app.
2.3 Code of Conduct for Passengers
Passengers will treat their Drivers respectfully at all times. In particular, they will: Wait for the Driver on time, outside and well visible - preferably curbside. Respect the Driver and treat him or her like a friend. Respect the car and all other property of the Driver and treat it with special care. Always use a seatbelt.
3. Safety in the Community
3.1 Liability within the Wunder Community
General legal liability rules apply to members of our Community, granted that participation in the Wunder Community does not result in a service obligation but in an obligation to respect each other and each other’s property. Consequently, all claims between Community members in relation to the Wunder Community or Community trips have to be arbitrated directly between the Community members. Wunder will try to arbitrate an agreement but is not liable for reaching a resolution. In the case of a legal dispute between Community members or if a Community member learns about the abuse of the Wunder app or of a behavior detrimental to other Community members or the Community per se, the member commits to inform Wunder immediately.
The Driver agrees and undertakes that he or she will take out and maintain insurance to cover the Trip and any carpooling offered or booked through the platform. The Driver agrees that he or she will, on request, provide the Passenger with evidence in advance of the Trip of the complete validity of his or her insurance policy. The Driver also undertakes to hold a valid driving license and that the Driver will own or will be entitled to use the Vehicle and that the Vehicle will have authorization to drive and the Passenger is entitled to request evidence of the Driver’s insurance and driving license at any time up to completion of the Trip.
It is Wunder’s understanding that most insurers take the view that a Passenger who contributes only towards travel expenses is treated as traveling for free, and is, therefore, a third party passenger who is covered by compulsory third party insurance in most countries. However Wunder gives no warranty or assurance in this regard and it is the Driver’s responsibility to verify that their insurance provides adequate cover.
It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance for a Trip. The Driver must confirm that his or her insurance policy allows him or her to carry passengers and that the insurance policy covers all Passengers and any accident or incident which may occur during a Trip.
The Driver and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit. The Driver may collect no payment from the Passenger other than the Cost Contribution and the Driver must not, in any event, make a profit.
The Driver, therefore, undertakes to calculate his or her expenses (fuel, toll, maintenance, repairs, depreciation and insurance of his or her Vehicle) and guarantees that the total Cost Contributions requested from his or her Passengers does not result in any profit. If the Driver does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason the Driver will be responsible for the financial consequences, losses, and damages arising and Wunder will not be liable under any circumstances to the Driver or the Passenger.
3.3 Wunder Dispute Resolution
Wunder shall provide its Users with an online service for resolving disputes. This service is non-binding. Wunder is under no obligation to seek to resolve disputes and this service is offered at Wunder’s sole discretion and may be withdrawn at any time.If any dispute is not settled, Wunder reserves the right to retain any sums paid by the Passenger until an amicable agreement has been reached between the Passenger and the Driver or a definitive judicial decision has been made.
4. Community Trips
The core of the Wunder Community is to facilitate Community trips via the Wunder app. Our app allows our members to organize shared rides ("Community trips") within a safe and trustworthy Community and to share any costs through a fair contribution to drivers’ expenses.
4.1 No Contractual Relationship between Driver and Passenger
Wunder Community trips are favors between Community members. No contract (e.g., transportation contract) is made between Drivers and Passengers. The Wunder Community and the Wunder app must not be abused to facilitate contracts between Community members. Giving a ride based on a contractual obligation is not a Community trip even if the Wunder app is used to facilitate the trip. Claims against Wunder, especially for an invoice or the reimbursement of fees, can not be based on such abuse.
4.2 Non-paid Trips; Cost-coverage
4.2.1 Non-paid Wunder Community Trips
The Passenger is not obligated to pay any reimbursement to the Driver for a Community trip beyond sharing in the cost of the trip.
4.3.1 Participation in driver expenses.
After finishing a Community trip the Passenger has the opportunity to contribute to the driver expenses. The Wunder app will display a suggested amount based on the estimated cost of the trip.
4.3.2 Platform Fees
Participating in the Wunder Community is for free. Wunder may deduct a commission on all payments made by a Passenger to a Driver following a Community trip.
5. The Fineprint
5.1 Payment Processing
Wunder does not process payments itself. A third party designated by Wunder ("Payment partner") will process payouts and deductions ("payments") for Wunder for any electronic payments.
5.1.1 Bank Account on Record; Payment Method
Where electronic payments are offered, Drivers are using the instructions given to them to create an account with our payment provider and put a personal bank account on record to receive any expense contribution payouts. Passengers are putting a valid payment method on record with our payment provider using the Wunder app.
5.1.2 Deducting expense contributions
Once a Community member contributes to driver expenses or otherwise sets off a payment within the Community, the amount is charged to the payment method on file with our payment provider.
5.1.3 Payout of expense contributions
Expense contributions received by a Community member are collected by our payment provider and regularly paid out to the personal bank account on record for our Community member. At payout, a commission is kept by the payment provider and paid out to Wunder to cover the Platform fee.
5.1.4 Inconsistencies in the Processing of Payouts
Wunder has to be notified immediately and in writing about all inconsistencies in processing payouts. If no claims are made within one month after a payment is processed it is considered accepted. If a deduction from the payment method on file fails or is reversed, the debtor will immediately balance the missing amount. If the failure is due to reasons within the control of the debtor (e.g., the payment method on file is no longer valid or does not have sufficient coverage, a payment is reversed based on the order of the debtor, etc.), the debtor also has to cover any damages that occurred due to the failure.If the payout to the bank account on file fails Wunder will notify the Community member and ask that the bank account on file be corrected. The amount to be paid out will be added to the next regular payout and paid out at the same time as the next payout.
5.1.5 Tax obligations of Drivers
If you are driving, you agree to pay all taxes that may apply to the payments you receive from passengers and this responsibility rests solely with you.
5.2 Liability of Wunder
For any damages that Community members incur while using the Wunder app, Wunder is liable except for damages to health or the physical condition as well as any damages caused by negligence or intent. Apart from the Community Guarantee, Wunder also is not liable for the behavior of Community members. If claims are made against Wunder based on the behavior of a Community member, the Community member will help to fend off any such claims and, if the behavior was due to negligence, will reimburse Wunder for any damages and legal fees incurred. If WunderCar is damaged due to the negligent behavior of a Community member, the Community member will reimburse this damage.
5.3 Data Protection
5.4 Intellectual Property
The intellectual property behind the content of the Wunder Community and the Wunder app, especially software, pictures, graphics, logos, texts etc. ("our intellectual property") is owned by Wunder and its respective owners. The Community members can only claim rights to this intellectual property as set forth below. As long as you are acting in accordance with this Community code of conduct we are granting you a revocable, non-exclusive license for the personal, non-commercial usage as part of your participation in the WunderCar community. You can not grant any sublicenses and you are not allowed to alter the content or to use them as part of your own content elsewhere. Where you are able to contribute your own content in the Wunder app or the Wunder community in general, e.g., in the form of pictures, profile information, reviews and comments ("your intellectual property"), this content always remain your property. By contributing them to the Wunder Community you are granting us an irrevocable, non-exclusive, transferable, sub-licensable license to your intellectual property in the knowledge that it will be used, altered, copied, published and distributed as part of the Wunder Community. This includes the use of your intellectual property for advertising purposes as well as the publication outside of the Wunder Community as long as there is a sufficiently strong connection to the Wunder Community (e.g., Wunder advertising). Community members are not allowed to contribute content that is infringing on other intellectual property rights, is illegal, insulting, racist, pornographic or otherwise inappropriate for the Wunder Community. This kind of content will be deleted without warning.
Wunder reserves the right to change the services described here or to partially or fully stop operating them in a way that is reasonable for the Community members.
5.6 No Service Guarantee
Wunder does not guarantee any specific assurance about Wunder App. For example, we do not undertake any commitment regarding the content included in Wunder app, specific functions of Wunder App, or reliability, availability or ability of the product to fulfil your needs.
German law is binding for this contract and all associated legal relationships. The place of jurisdiction for all legal arguments that arise from this contract is Hamburg, Germany. By participating in the Wunder community no additional legal relationships are created beyond the ones described above, especially no work contracts, joint ventures or legal entities