General terms and conditions of business
1. Scope
1. These general terms and conditions (hereinafter: GTC) apply to all membership contracts concluded via jimdrive.com between us:
JimDrive GmbH
Silberburgstrasse 148
70178 Stuttgart
Germany
Phone: +49 711 998896-30
E-Mail: [email protected]
Website: https://www.jimdrive.com
and you as our member.
2. Our offer is only aimed at consumers.
You are a consumer if you conclude a contract with us for purposes that are predominantly neither commercial nor self-employed.
On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
3. The following terms and conditions apply to the business relationship between you and us in the version valid at the time the contract was concluded. In addition, the general insurance conditions of the selected membership apply. In the event of contradictions, the provisions made in the General Insurance Conditions take precedence over these General Terms and Conditions. Deviating conditions of the customer are not recognized unless we expressly agree to their validity in writing.
2. Conclusion of contract
1. The presentation and application of our memberships does not constitute a binding offer to conclude a contract.
2. You can choose between different memberships, which are roughly divided into main memberships and supplementary memberships.
3. After selecting the membership you want, you will be prompted to enter your personal information and account details. You can correct input errors at any time by clicking on the relevant input again. You can go to the previous window by clicking the back button.
4. With the button “Order with costs” you submit a binding application for the conclusion of a membership contract. You can view and change your data at any time before submitting your application. However, the application can only be submitted and transmitted if you have accepted these contractual conditions by clicking on the button “I accept the terms and conditions and have read the data protection declaration and the right of withdrawal” and thereby included them in your application. You can print out and save the linked terms and conditions, the data protection declaration and the right of withdrawal via your browser.
After sending your application, we will send you an automatic acknowledgment of receipt by e-mail, in which your membership application, your personal data and these terms and conditions are listed again and which you can print out using the “print” function or save using the “save” function can. The automatic acknowledgment of receipt merely documents that we have received your application and does not constitute acceptance of your application. The contract is concluded upon payment of the membership fee, but no earlier than 14 days after registration. Excluded is the contract for an express membership, which comes into effect at the beginning of the day following the day of registration and payment of the membership fee.
3. Cancellation
Cancellation Policy
You can revoke your contract declaration within 14 days in text form (e.g. letter, e-mail) without giving reasons. The period begins after you have received the insurance certificate, the contractual provisions including the general insurance conditions, the further information according to § 7 paragraphs 1 and 2 of the Insurance Contract Act in conjunction with §§ 1 to 4 of the VVG Information Obligation Ordinance and this instruction in text form , but not before fulfilling our obligations according to § 312i paragraph 1 sentence 1 of the German Civil Code in connection with Article 246c of the Introductory Act to the German Civil Code. Sending the cancellation in good time is sufficient to meet the cancellation deadline. The revocation must be sent to:
JimDrive GmbH
Silberburgstraße 148
70178 Stuttgart
E-Mail: [email protected]
Consequences of revocation
In the event of an effective revocation, the insurance cover ends and we reimburse you the premiums.
Amounts to be repaid will be reimbursed immediately, at the latest 30 days after receipt of the revocation. If the insurance cover does not begin before the end of the cancellation period, the effective cancellation means that benefits received must be returned and benefits derived (e.g. interest) must be surrendered.
Special Instructions
Your right of cancellation expires if, at your express request, the contract has been fully performed by both you and us before you have exercised your right of cancellation.
4. Payment
1. When signing up for the first time, the premium is due immediately. In the case of contract extensions, the premium is due on the 1st of the month before the start of the new insurance year.
2. Payment is on time if the amount has been credited to our account by the due date or can be collected by direct debit at the due date. The payment is not on time if you object to a legitimate collection.
3. If you are in arrears with the payment of the first installment, we can withdraw from the contract as long as the payment has not been made. During this time we are released from the obligation to perform in the event of damage.
4. If you do not pay a follow-up premium on time, we can set you a payment deadline of two weeks in text form. If you are in arrears with the payment after the deadline, we are released from our obligation to pay in the event of damage and can terminate the contract without notice.
5. If the contributor and the insured are not identical, the provisions apply accordingly to the account of the contributor.
hen signing up for the first time, the premium is due immediately. In the case of contract extensions, the premium is due on the 1st of the month before the start of the new insurance year.
2. Payment is on time if the amount has been credited to our account by the due date or can be collected by direct debit at the due date. The payment is not on time if you object to a legitimate collection.
5. Further customer information
1. Insurer and address for summoning:
The insurer is ROLAND Schutzbrief-Versicherung AG. Legal form Public limited company. Ulrich Eberhardt Register court District Court of Cologne, register number HRB 9084
2. Main business of the insurer:
insurance of assistance services and insurance against other risks related to travel, vehicles, home and family.
3. Term of the contract:
Unless otherwise agreed in the general insurance conditions, each membership runs for one year and is then automatically extended for a further year.
4. Changes in membership fees:
We are entitled to change membership fees with reasonable notice.
We are entitled to this right if the change in contribution is reasonable for you, taking our interests into account.
We will inform you of the changes to the contribution in text form no later than six weeks before they come into effect.
If you do not agree to the change in membership fee, you can terminate your membership without notice, effective when the fee increase takes effect. In the notification of change, we inform you of your right to cancel and that the change in premium is considered approved if you do not cancel within a period of one month from receipt of the notification of change.
5. Termination of membership, terms of termination:
Unless otherwise agreed in the General Insurance Conditions, the following applies:
a. Both contracting parties can terminate any membership at the end of a contract year. The termination is effective if it is received by JimDrive GmbH no later than one month and you no later than 3 months before the respective end of the contract year.
b. Any termination must be made in text form.
c. Any termination of a main membership also causes the termination of all corresponding supplementary memberships at the time relevant for the end of the main membership.
i.e. After the occurrence of a damaging event, you can cancel the membership. Notice of termination must be received by us within one month of the end of the compensation negotiations.
After the occurrence of a damaging event, we can also terminate the membership. You must receive the notice of termination within one month of the end of the compensation negotiations. Our termination will take effect one month after you receive it.
f. All memberships end automatically and without notice being required as soon as you move your permanent place of residence abroad.
6. Unauthorized claim:
a. The customer is not entitled to claim services before he has paid the insurance premium.
b. The parties would like to transfer the regulation in § 37 Para. 2 VVG to the present contractual relationship, since otherwise there is a considerable risk for all policyholders that the group insurance cannot be continued. The parties therefore agree that in the event that the customer wrongly claims payments, for example because the conditions for an insured event are not met or because the customer has not fulfilled his obligation to pay premiums and JimDrive has withdrawn from the contract for follow-up premiums, the customer is entitled to repayment benefits received. The repayment will be made to JimDrive, which will forward the amount to the insurance company.
7. Data protection/release from the duty of confidentiality: Our data protection regulations
apply in addition to these General Terms and Conditions . We expressly point out that we are entitled to pass on personal data about your state of health to bodies entrusted with rescue and assistance, such as in particular the fire brigade, police and emergency doctor. Under the conditions of § 213 VVG, a release from the duty of confidentiality may also be necessary.
8. Disclaimer:
a. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
b. In other cases, we are only liable – unless otherwise regulated in Section 5, Item 8 c), in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation). , limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the regulation in § 5 No. 8 c).
c. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
9. Applicable law:
German law applies to the contract and its initiation. If you have submitted your application as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
10. Competent Court
a. You can assert claims from this contract in the following courts:
i. the court that has local jurisdiction for your place of residence,
ii. the court that has local jurisdiction for our place of business or for the branch that looks after you.
b. We can assert claims under this contract in the court that has local jurisdiction for your place of residence.
c. In the event that your place of residence, place of business or habitual abode is not known at the time the action is filed, the court responsible for our place of business shall be deemed to have been agreed, in derogation of Section 5, Item 10 a).
11. Language / declarations of intent:
The contractual provisions and further information are communicated in German; communication is also in German. Unless otherwise agreed, declarations of intent must be in text form (e.g. letter, e-mail). Verbal agreements are invalid.
12. Text of the contract:
We do not save the text of the contract.
13. Limitation:
Your claims against us from the insurance contract become statute-barred within three years, beginning at the end of the calendar year in which the claim arose and you knew or should have known about it. If you report your claims to us, the period of time until you receive our decision will not be taken into account when calculating the limitation period.
14. Important telephone numbers:
In the event of a claim, we can be reached around the clock on the following telephone number:
a. Customers from Germany:
+49 711 998896-40
b. Customers from USA:
+1711-21957090