TERMS OF SERVICE
§ 1 SUBJECT
(1) tuluu GmbH, Haingrabenstrasse 28, 60488 Frankfurt am Main (hereinafter referred to as "tuluu") provides access to privately operated toilets (hereinafter referred to as "tuluu toilet") and information about publicly operated toilets (hereinafter referred to as "public toilets ”) (collectively “toilets”) by means of their application for internet-enabled mobile phones (hereinafter referred to as “tuluu app”). A mediation only takes place to users who are properly registered via the tuluu app (hereinafter referred to as “users” for the sake of simplicity), only in the case of existing availability and only within a defined area (hereinafter referred to as “business area”).
(2) These general terms and conditions (hereinafter referred to as "GTC") apply to the use of the tuluu app and to the user contracts to be concluded via the tuluu app.
(3) The contractual partner of the user is:
tuluu GmbH, Haingrabenstrasse 28, 60488 Frankfurt am Main, Germany
represented by its managing director Helmut Fortunato.
entered in the commercial register at the district court of Frankfurt am Main under registration number HRB 122387
Email: support(at)tuluu.app
Web: http://www.tuluu.app
(4) tuluu reserves the right to make changes to these terms and conditions if this is necessary to adapt to changed legal or technical framework conditions. Changes will be announced to users by notification and by posting them on the tuluu website and in the tuluu app. Any changes are deemed to have been approved if the user does not object to them in text form within four weeks of receipt of the change notification. tuluu will inform the user separately of the right to object and the legal consequences of remaining silent together with the change notification. If the user objects to the change or addition to the GTC, tuluu is entitled to terminate the contract of use on the basis of these GTC with four weeks' notice to the user.
(5) The contract language is German. In the case of translations into other languages, the German version takes precedence.
§ 2 CONCLUSION OF THE TULUU APP USER AGREEMENT
(1) In order to be able to use a tuluu toilet, the user must register by setting up a user account via the tuluu app. Each user can only register once. Only a properly registered user is entitled to use the contractual services of tuluu. There is no right to registration.
(2) By successfully completing the registration process, which requires in particular the entry of user master data (first and last name, e-mail address, personal mobile phone number, valid information on the payment method) and acceptance of these GTC as part of the registration process, a usage contract for the tuluu app is concluded between the users and tuluu.
(3) The use of a tuluu toilet then takes place through the conclusion of a usage contract in accordance with the provisions of these General Terms and Conditions, § 4. It is clarified that the conclusion of the usage contract does not justify a right to the conclusion of usage contracts for either tuluu or the user .
(4) tuluu reserves the right to refuse the registration of a user or the conclusion of a contract of use if there are justified doubts as to whether the user behaved in accordance with the contract.
§ 3 USER ACCOUNT IN THE TULUU APP
(1) The account or credit card holder specified in the user account must match the user. The user must keep the personal data stored in the user account up to date. This applies in particular to his address, e-mail address, personal mobile phone number and payment details.
(2) The user is prohibited from allowing third parties to use a tuluu toilet booked via his user account. In particular, passing on the login data for your user account (user name, password, PIN) to other people is prohibited. This also applies if the third party is a user himself. The user undertakes to change the password immediately if there is reason to believe that a third party may have gained knowledge of it and to inform tuluu of this immediately.
(3) To use the tuluu app, the user must have an internet-enabled mobile phone that meets the technical requirements of the tuluu app. Every time the app is downloaded, it is automatically checked whether the respective internet-enabled mobile phone meets these requirements. The user himself has to ensure the possibility of mobile data communication and bears any data transmission costs incurred by his mobile phone provider, provided these are not caused by tuluu culpably.
(4) The user is prohibited from reading, copying or manipulating the tuluu app with information technology methods or from misusing the app for any purpose other than that described. The culpable infringement or the justified suspicion of a corresponding attempt lead directly to the exclusion from the use of the tuluu app. tuluu reserves the right to assert any claims.
(5) The user must immediately notify tuluu of the loss or theft of the cell phone linked to the user account or any other possibility of unauthorized use of the user account by third parties. To avoid misuse, tuluu will then block access until the facts have been clarified and inform the user by email.
§ 4 CONCLUSION OF CONTRACTS OF USE
(1) An internet connection must be available to use the tuluu app.
(2) The tuluu app provides two different functions:
(a) Arranging access to privately operated toilets from tuluu partners, also known as tuluu toilets.
(b) The provision of information about publicly accessible toilets, also known as public toilets.
(3) In the case of public toilets (typically public toilets or private toilets that are open to the public), there is no contract of use.
tuluu only provides information about these toilets, for which tuluu assumes no liability or warranty. A claim against tuluu or tuluu partners for the use of the public toilet by the user, even after receipt of a toilet ticket for that toilet, does not exist.
(4) Use of tuluu toilets is only possible if they are listed in the tuluu app and marked as open. In individual cases, it cannot be ruled out that the actual location of the tuluu toilet will deviate from the displayed location due to inaccuracies in the GPS signal.
Purchasing a ToiletTicket gives access to the tuluu toilet.
(5) By clicking on the "Buy a toilet ticket" button or a similar wording in the tuluu app, the user submits a binding offer to use a tuluu toilet. The user's obligation to pay the usage fee begins when the toilet ticket is purchased. By issuing the ToiletTicket for the respective tuluu toilet to the user in the app, tuluu accepts this offer for the operator of the tuluu toilet, which establishes an individual usage contract between the operator of the tuluu toilet and the user. tuluu acts as an intermediary between the operator of the tuluu toilet and the user of the app. The ToiletTicket should only be purchased in the immediate vicinity of the tuluu partner and after making sure that it is open. This is to ensure that a tuluu partner is closed in deviation from the published opening hours, which can exceptionally happen.
(6) Usage begins with the conclusion of the individual usage contract and ends when the user has used the operator's toilet or the maximum usage time of 15 minutes has expired.
(7) Use of the toilet is at your own risk and tuluu accepts no liability or guarantee for the condition of the operator's toilet. As part of its ordinary business operations, the operator ensures that the toilet is in a usable condition while granting access to it via the tuluu app. If this is not the case, he is obliged to reimburse the user for the price paid by the user for using the tuluu toilet.
(8) tuluu is entitled to call the user on the mobile phone number stored in the personal data in the event of significant disruptions to the usage process.
(9) The applicable access restrictions in connection with Covid must be observed. tuluu users are obliged to inform themselves about this.
§ 5 END OF USE
(1) If the user wishes to terminate the contract of use, he must leave the tuluu toilet properly and then complete the process within the application to conclude the contract of use or wait until the time of use has expired. At the latest after the maximum usage time has expired, he must leave the operator's toilet at his request. The operator can also ask the user to leave the toilet and its premises at any time if this is necessary due to special circumstances or if the user behaves inappropriately. If the user has not had the opportunity to to use the toilet, the operator must reimburse him for the costs. Refund can be made via tuluu.
(2) The user should have made sure beforehand via the tuluu app that the toilet meets their requirements if the user has special requirements.
(3) The usage process can only be completed on the tuluu app if the tuluu toilet is located within a tuluu business area. In addition, an internet connection must be established.
(4) If tuluu toilets are not accessible but this information is not visible in the app, the user will inform tuluu of the lack of access if possible.
(6) The ToiletTicket is activated upon purchase and has a limited validity period of a few minutes, which is displayed in the app. Within this time, the user should use the activated ToiletTicket according to the instructions to access the tuluu toilet. Therefore, the user should ensure that he is in the immediate vicinity of the toilet when purchasing the ToiletTicket and that he can reach it without any problems. If the user has not been able to access the tuluu toilet within the time limit, this is their responsibility. As a gesture of goodwill, the operator can give a user access to the toilet on the basis of a toilet ticket that has just expired, which can be seen in the app (time of purchase).
ARTICLE 6 PROPER USE OF TULUU TOILETS
(1) The user must leave the tuluu toilet in the same condition as it was made available in terms of visual and technical characteristics.
(2) The tuluu toilet must be vacated within the Maximum Usage Time. There is no entitlement to use after the maximum usage time.
(3) The tuluu toilet must not be damaged, soiled or otherwise adversely affected. Excluded are contamination caused by normal use of the toilet.
(4) When using the tuluu toilet, no dangers or impairments for the rights or legal interests of third parties may arise.
(5) It is the possibly to follow the information posted on the tuluu toilet regarding the use of the toilet.
(6) The user is obliged in good faith to provide information on the precise use of a tuluu toilet in the event of a legitimate request from tuluu.
ARTICLE 7 PAYMENT
(1) The user undertakes to pay the respective usage fee. The price for using a tuluu toilet is displayed to the user in the tuluu app before the user contract is concluded. This is the total price including statutory VAT, which includes the statutory sales tax. The user fee is due upon conclusion of the user contract.
(2) If the tuluu toilet cannot be used in accordance with the contract, although it was marked as "free/available" in the tuluu app, the user will not be charged a fee or a fee already paid will be refunded. The non-usability must be proven and documented by the user.
(3) The use of tuluu toilets is either based on a fixed price or, if applicable, usage packages offered and purchased in the application or other price scales.
(4) tuluu works with various payment service providers. Payments are made according to the payment method selected in the relevant registration process. With the conclusion of the contract, the user confirms that he is entitled to dispose of the specified account by direct debit. The user must ensure that his means of payment are sufficiently covered. If a payment cannot be redeemed due to insufficient funds or for other reasons for which the user is responsible, tuluu can charge the user for this in the amount of the actual expenses incurred, unless the user can prove that tuluu incurred no or less expenses . tuluu is at liberty to assert claims for damages in excess of the flat rate for expenses against the user if appropriate proof is provided.
(5) The user can only offset against the claims of tuluu if the user's counterclaim is undisputed or has been legally established.
(6) The user can only assert a right of retention if his counterclaim is undisputed or legally established.
§ 8 VOUCHERS
(1) After completing the use of a tuluu toilet, the user normally automatically receives a voucher for use from the operator or from a third-party provider (“voucher issuer”) within the tuluu app on their phone. The voucher can only be redeemed at the voucher issuer who is noted on the voucher.
(2) The voucher has the following properties: a value in €, a minimum purchase value per voucher and a period of validity. These properties may vary depending on the voucher issuer.
(3) From receipt of the voucher, the user can redeem the voucher once within its period of validity, provided that he makes a purchase from the voucher issuer and the invoice amount corresponds to or exceeds the minimum purchase value. The voucher value is credited to the user, ie the voucher value is deducted from the invoice and the amount due is reduced accordingly. The minimum purchase value applies per voucher.
(4) When using several vouchers for one purchase, a minimum purchase value must be achieved that corresponds to the product of the number of vouchers and the minimum purchase value per voucher. The invoice amount due will then be reduced by the sum of the voucher values.
(5) The value of the voucher will be credited to the user once when paying for a purchase from the voucher issuer. To do this, the user activates the voucher within the tuluu app during the payment process. The user shows the activated voucher that appears in the app to the cashier, who then reduces the invoice amount due.
(6) There is no legal claim to the redemption of the voucher or a claim for reimbursement of the voucher value against tuluu.
§ 9 ASSIGNMENT
tuluu reserves the right to assign its claims from this contractual relationship to a third party, in particular for the purpose of collection. The user will be informed in good time about a corresponding assignment. In this case, the user can only make payments to the assignee with debt-discharging effect, whereby tuluu remains responsible for general user inquiries, complaints, etc.
ARTICLE 10 AUTHORIZATION OF USE
(1) Only natural persons are entitled to use tuluu toilets who
a) be at least 14 years old and
b) have an active user account with tuluu.
(2) The user must be able to use a tuluu toilet in accordance with the applicable regulatory provisions.
§ 11 GENERAL OBLIGATIONS OF THE USER/PROHIBITIONS
(1) The user is obliged to treat the tuluu toilet carefully and carefully, to comply with the applicable regulations and rules of the operator and not to endanger the rights and legal interests of third parties by using the tuluu toilet.
(2) The user is particularly obliged to
a) notify tuluu of defects and damage, in particular damage caused by violence and accidents, or gross soiling immediately after discovery,
b) to ensure that the tuluu toilet is only used in an operationally safe condition, insofar as this is possible and reasonable for the user.
(3) In particular, the user is prohibited from
a) consume alcohol, drugs, cigarettes or other prohibited goods in the tuluu toilet,
b) carry out activities in the tuluu toilet that violate public morals, in particular sexual acts,
c) use the tuluu toilets in any way other than defecation and personal hygiene, cleaning and other health-promoting measures,
d) to carry out activities on the tuluu toilet that are outside of normal use,
e) to use the tuluu toilet for committing crimes,
f) carry out or have carried out unauthorized changes or conversions of any kind to the tuluu toilet.
(4) In the interests of the environment, the general public and other users, the user must ensure that the use is environmentally friendly, energy-saving and proper.
§ 11 BEHAVIOR IN CASE OF ACCIDENTS
(1) The user must report accidents in a tuluu toilet to the operator immediately.
(2) As far as possible and reasonable, the user must inform the police immediately after an accident and work towards a police record of the accident. If the police refuse to record the accident or if this is not possible for other reasons, the user must inform tuluu immediately and coordinate the further procedure with tuluu. This applies regardless of whether the accident was self-inflicted or a third-party fault. The user may only leave the scene of the accident after
a) the police record has been completed or, if a police record is not possible, the operator has been informed of this in accordance with the contract), and
b) after consultation with the operator, any measures to preserve evidence and reduce damage have been taken.
ARTICLE 12 LIABILITY OF THE USER TO THE OPERATOR OF THE TULUU TOILET
(1) tuluu does not have liability insurance in Germany for the use of the tuluu toilets. The user bears the risks of use. A claim for damages by the user or the operator of the tuluu toilet against tuluu does not exist.
(2) The user is prohibited from acknowledging liability damages for tuluu or other parties.
(3) The user is liable for any damage caused to the property of the operator of the tuluu toilet.
(4) If the tuluu toilet is culpably damaged during the user's time of use, the user must reimburse the costs of repairing the damage, including the proportionate costs of a new purchase that may be necessary.
ARTICLE 13 TULUU'S LIABILITY
(1) tuluu is liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence by tuluu, its representative or its vicarious agent.
(2) In the case of simple negligence, tuluu, its representative or its vicarious agent is liable
(a) damage resulting from injury to life, limb and health and
(b) Damages resulting from the breach of an essential contractual obligation, however, the amount is limited to the foreseeable damage that is typical for the contract. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user can regularly rely.
(3) The limitations of liability resulting from paragraph 2 also apply in favor of persons whose fault tuluu is responsible for according to statutory provisions. They do not apply if tuluu has fraudulently concealed a defect or has assumed a guarantee or for claims under the Product Liability Act. tuluu's liability for violations of the General Data Protection Regulation (GDPR, Art. 82) also remains unaffected.
SECTION 14 USER LIABILITY
(1) The user is liable to tuluu for damages for which he is responsible.
This includes in particular violations of § 10 or damage to a tuluu toilet for which he is responsible. tuluu has a claim against the user for indemnification from justified claims by third parties, including those from the operator of a tuluu toilet, if the user does not have insurance cover. This includes the costs of any legal defense that may be required. For the sake of clarity, it is stated that any contributory negligence of third parties will be taken into account.
(2) The user is liable for all violations of regulatory regulations and other legal provisions, in particular the penal code, for which he is responsible in connection with the use of tuluu toilets in accordance with the statutory provisions. He is responsible for all costs arising from this and fully indemnifies tuluu from any third-party claims resulting from this. To clarify, it is stated that the user is not liable if and to the extent that damage is caused by the proper and contractual use of a defective tuluu toilet.
(3) The user is not liable if an insurance company pays for the damage and no recourse is taken to tuluu.
(4) Any limitation of liability agreed between tuluu and the user in favor of the user for damage to the tuluu toilet does not apply if the user caused the damage intentionally.
(5) If the user causes the damage to the tuluu toilet through gross negligence, any limitation of liability in favor of the user towards tuluu is not limited by any amount of a deductible, but exceeds this amount by the amount by which the insurer covers its benefit tuluu shortens according to § 81 paragraph 2 VVG.
(6) To compensate for the administrative effort that tuluu incurs as a result of processing inquiries from law enforcement agencies or other third parties to determine administrative offences, criminal offenses or other disruptions committed during the period of use, tuluu shall receive a flat-rate fee from the user for each such inquiry in accordance with the applicable applicable List of fees unless the user proves that tuluu suffered significantly less damage or no damage at all. For its part, tuluu is at liberty to claim further damage.
ARTICLE 15 TEMPORARY SUSPENSION OF USER ACCOUNT AND EXCLUSION OF USE
(1) tuluu can temporarily block the user account
a) if data essential for the fulfillment of the contract are not correctly specified in the user account,
b) if the user is in arrears with payments despite a prior reminder,
c) in the event of other significant breaches of contract for which the user is responsible;
d) if the user has lost the mobile phone linked to the user account, if it has been stolen from him or if there is any other possibility of unauthorized use of the user account by third parties.
(2) tuluu will unblock the user account immediately after the end of the user's breach of contract.
(3) tuluu can exclude the user from use after a previous unsuccessful warning if the user has repeatedly behaved in a significant manner contrary to the contract and is responsible for this behavior.
ARTICLE 16 TERM AND TERMINATION OF THE TULUU APP USER AGREEMENT
(1) The contract of use is concluded for an indefinite period and can be terminated in text form by either party with a period of notice of two weeks to the end of the month.
(2) The right of the contracting parties to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the user
a) is repeatedly and despite multiple reminders in arrears with the payment of a not inconsiderable part of his obligations ;
b) provided incorrect information during registration or in the course of the contractual relationship or withheld facts and therefore tuluu cannot reasonably be expected to continue the contract;
c) despite a warning, does not refrain from serious breaches of the contract or does not immediately remedy the consequences of such breaches of contract that have already occurred;
d) has used a tuluu toilet under the influence of alcohol or drugs and has thereby significantly disrupted the operation of the operator;
e) has given their login details for their tuluu user account to another person;
f) attempted to read, copy or manipulate the tuluu app using information technology methods.
§ 17 RIGHT OF WITHDRAWAL FOR CONTRACT OF USE
With regard to the framework contract, consumers are entitled to a right of withdrawal in accordance with the following:
RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must inform us (tuluu GmbH, Haingrabenstrasse 28, 60488 Frankfurt am Main, support(at)tuluu.app) by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that 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 than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
END OF REVOCATION
§ 18 DATA PROTECTION
tuluu collects and processes the user's personal data required for business transactions. When processing the user's personal data, tuluu observes the applicable legal provisions, in particular the provisions of the EU General Data Protection Regulation, the BDSG, TMG.
With regard to the details and scope of the collection, storage and processing of the user's personal data, reference is made to the data protection declaration available on the tuluu Internet portal.
ARTICLE 19 FINAL PROVISIONS
The law of the Federal Republic of Germany applies to contracts between the user and tuluu.
The place of jurisdiction in Germany for disputes arising from and in connection with the contract of use is Frankfurt am Main.
The user may only transfer claims or other rights from the above contracts to third parties with the prior written consent of tuluu.
ARTICLE 20 USER SERVICE / COMPLAINTS
(1) The user can contact the following contact details by letter, telephone or e-mail with questions, comments, complaints or to make other statements:
tuluu GmbH
Haingrabenstrasse 28
60488 Frankfurt am Main
Email: support@tuluu.app
(2) tuluu is not legally obliged to participate in the consumer dispute settlement procedure under the Consumer Dispute Settlement Act. Voluntary participation within the meaning of § 36 Paragraph 1 No. 1 VSBG is refrained from.
(3) tuluu is not subject to any code of conduct.