1. Parties
1.1 The following conditions regulate the usage of the Röhlig Booking Platform between the user and Röhlig Logistics GmbH & Co. KG, Am Weser-Terminal 8, D-28217 Bremen, as the operator of the online service.
1.2 Only business enterprises may be users, i.e. anyone who acts in the course of its commercial or self-employed professional activities.
2. Performance Description
2.1 The Röhlig Booking Platform enables the user to initiate, conclude, process and manage contracts in return for payment with the companies of the Röhlig-Group for logistics services.
2.2 The operator places the online access at the disposal of the user free of charge in the context of the Terms and Conditions.
3. Establishment of the User Relationship
3.1 A legally binding usage relationship between operator and user may only be initiated online thereby applying the registration procedure specifically set up for this purpose. When doing so, the principle applies that any general advertising of the services of the operator in either print or online media outside the registration procedure itself do not constitute directly acceptable offers.
3.2 The usage relationship comes into being after (so-called “double-click-procedure”):
(1) the user has accepted the Data Privacy Policy of the operator and this Terms and Conditions by means of
the opt-in-function,
(2) the user has fully completed the registration form prescribed by the operator and clicked on the button
“Register” ,
(3) the operator, after checking the data entered in the registration procedure, has sent the user an e-mail
containing a confirmation link and
(4) the user has executed said confirmation link.
3.3 Only business enterprises are allowed to register (cf. Section 1.2). A company may only be registered by an authorised natural person, who must be named. A P.O. Box may not be specified as an address.
3.4 The operator shall be entitled to reject registrations at any time without stating any reasons. There shall be no entitlement to the conclusion of a usage contract.
4. Obligations of the User
4.1 The user is under an obligation to provide all data necessary for the registration fully and truthfully. In the event of subsequent changes the user shall be subject to an obligation to update the data either autonomously or by notifying the operator.
4.2 The user is under an obligation to keep its access data for logging into the portal a secret and to protect them against access by unauthorised third parties. In particular, a safe access password consisting of digits, characters and special symbols is to be chosen that the user regularly changes.
4.3 Access to the portal may only be effected by the user and persons authorised by it. In cases of abuse or suspected abuse the operator is to be informed immediately in text form. The user shall be liable for any third-party usage, e.g. for any contractual obligations or losses resulting there from.
4.4 The user is forbidden to take any action that is likely to impair the smooth operation of the platform, in particular to place excessive burdens upon the systems of the operator. The launching of attacks upon the functionality of the platform, such as hacking attempts, brute force attacks or the circumventing of security measures is also forbidden.
4.5 The user is obligated to safeguard the data and contents entered by it and stored on its user account regularly and in accordance with the risks involved and to make back-up copies of its own, in order to guarantee the restoration of the information in the event of data loss.
5. Duties of the Operator
5.1 The operator places the Röhlig Booking Platform at the disposal of registered users with the scope of performance described under Section 2 and retrievable from the website at. It is entitled but not obliged to extend or modify the scope of usage at any time.
5.2 The operator does not guarantee any contractual conclusion pertaining to a particular logistics service within the group of companies. There shall be in particular no entitlement to particular routes, times, prices, vouchers etc.
5.3 The operator undertakes to make the Röhlig Booking Platform available as reliably as possible. Access or individual functions may, due to technical problems, maintenance work or other reasons, be temporarily restricted or disrupted. Permanent availability cannot therefore be guaranteed by the operator.
6. Warranty and Liability
6.1 The operator shall be liable without restriction for wilful intent, gross negligence, fraudulence and for the culpable violation of life, limb or health.
6.2 In all other cases the liability of the operator shall be restricted to typically occurring predictable types of damage inasmuch as no essential cardinal obligations are breached. These are contractual obligations the fulfilment of which the user regularly relies upon, and is entitled to rely upon, for the orderly implementation of the contract.
6.3 The above restrictions upon liability also apply to the same extent in favour of the institutions, legal representatives, employees and other vicarious agents of the operator.
6.4 Inasmuch as recourse is made to the operator by third parties due to an action on the part of the user that violates rights, the user undertakes to indemnify the operator against any such claims.
6.5 Should there be grounds to suspect illegal or criminal actions the operator shall be entitled and possibility obliged to review the activities of the user and, if need be, to initiate appropriate legal measures. This may also include the presenting of the facts to the prosecuting authorities.
7. Cancellation and Blocking
7.1 The usage relationship may be cancelled by both the operator and the user at any time. Cancellation shall require the text form (e.g. e-mail).
7.2 Should the user have initiated via the Röhlig Booking Platform a contract in return for payment for logistics services with a Röhlig company (dispatching of an order) and the usage relationship is cancelled the implementation and processing of the contract shall, from the time of the cancellation onwards, be converted to the standard distribution channel of the Röhlig company in question. Viewing and/or usage of the Röhlig Booking Platform is then no longer possible.
7.3 The operator may temporarily or permanently block the user’s access to the Röhlig Booking Platform should specific pointers towards a breach of the usage conditions and/or of valid laws be given or the operator should have any other legitimate interest in the block, e.g. grounds for supposing that a user account has been abused. When taking a decision regarding a block the provider will appropriately take into account the legitimate interests of the user. The user will be informed of the block and the reason for it by e-mail. Permanently blocked users may not register again.
8. Scope
8.1 These Terms and Conditions regulate the relationship between the parties exclusively with regard to the provision of the Röhlig online Booking Platform. Business terms and conditions of the user shall not become components of the contract.
8.2 Should the user conclude via the Röhlig Booking Platform a contract for logistics services with the respective country company, that company’s separate logistics services Terms and Conditions shall apply exclusively.
9. Amendments to the Terms and Conditions
9.1 All amendments to the Terms and Conditions shall require the written form. This shall also apply to any amendment to this clause.
9.2 The operator may at any time propose amendments to the Terms and Conditions. These shall be communicated to the user at the very latest 30 calendar days prior to the proposed date of their taking effect in text form (e.g. by e-mail). The user consent shall be deemed to have been granted if it has not informed the operator of its rejection thereof in text form prior to the proposed time of their taking effect. Should no such declaration be forthcoming the amended Terms and Conditions shall be deemed agreed. In the event of an objection the usage relationship shall terminate. The operator shall draw attention to these legal consequences, the right of objection, the period allowed for an objection and the significance of remaining silent.
9.3 Should any regulation of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining regulations. Regulations not included or which are ineffective shall be replaced by statutory law. In the event that this should not be an option due to a regulatory loophole or if it would lead to an unacceptable result, the parties shall enter into negotiations about a valid regulation that comes as close as possible to what is wanted from an economic point of view.
10. Applicable Law and Court of Jurisdiction
10.1 The usage relationship pertaining to the Röhlig Booking Platform including these Terms and Conditions is subject to German law. The application of the UN Convention on the International Sale of Goods and Services is excluded.
10.2 The exclusive court of jurisdiction for all disputes arising from the usage relationship and these Terms and Conditions is Bremen/Germany.
11. Data Protection
11.1 The operator shall treat those data that are collected, stored and processed in connection with the usage of the Röhlig Booking Platform in accordance with the provisions of the valid data protection laws.
11.2 The data protection declaration of the Röhlig Group of companies shall apply. This may be retrieved from Data Privacy Policy