DKV EURO SERVICE GmbH + Co. KG

(hereinafter “DKV”), Balcke-Dürr-Allee 3, 40882 Ratingen, Germany,

welcomes you, the users of our website, and thanks you for your interest.

Responsibility, scope, contractual relationship

DKV EURO SERVICE GmbH + Co. KG, Ratingen, Germany (hereinafter also: we/us) is responsible for DKV’s web pages (hereinafter also: “website” / “Internet portal”) under the domain “dkv-mobility.com”.

The use of DKV’s web pages is subject to the “General User Conditions”, unless statutory provisions explicitly apply. Supplementary or special conditions that take precedence over these “General User Conditions” may apply in individual, access-protected areas or if we have agreed such with you (or also with a third party for whom you are acting) in individual cases. You accept these Conditions when and for as long as you use our website. If you are not (no longer) in agreement with these Conditions, you may not (no longer) use our web pages.

The mere use of our website does not create any – however termed – contract, employment or work relationship between you and DKV.

Services

DKV provides information and/or documents (hereinafter also: “content”) on its web pages that you can access or download. Unless a charge is expressly referred to in individual offers, we offer our service free of charge (you only bear your own connection charges and the costs for the [own] means of access used).

Registration, login

Some areas of our website may only be accessed and password-protected after registration. There is no claim to registration (in order to gain access to these areas) against DKV.

DKV may, at any time, also protect parts of its web pages that were previously freely accessible by requiring a registration (login).

DKV is entitled, at any time and with immediate effect, to revoke an access authorisation granted to you without this having to justify this, in particular if you

• (have) violate(d) the agreed User Conditions,
• (have) violate(d) your duties of care in handling the login details,
• act/have acted with malicious/fraudulent intent, or
• have not used the access-protected area for a longer period of time.

In connection with the registration, you and DKV agree on additional conditions that shall be referred to separately in the registration process.

Data protection, data transfer

You can read in our privacy policy what data we collect, process and store and how we protect it. The use of our web pages, including contacting us, is generally permitted anonymously or under a pseudonym.

Use, rights of use

Rights of use

When using this website, DKV grants you a non-exclusive and non-transferable right to use the content exclusively for your own purposes, unless otherwise agreed in individual cases.

The content may not be distributed, leased or in any other way transferred to third parties at any time without our express consent. You may not edit or translate the documents provided or extract parts thereof if you do not (no longer) have our consent or are not entitled to do so by law (e.g. right to quote).

Intellectual property

Irrespective of the aforementioned provisions in this chapter of the General User Conditions, information, brand names and other content of our web pages to which you have no rights of your own may not be changed, copied, reproduced, sold, leased, used, supplemented or utilised in any other way without the prior written consent of the rights holder.

Apart from the rights of use expressly granted above, you are not granted any further rights of any kind, in particular to the company name and industrial property rights (patents, utility models, trademarks, etc.), nor is DKV obliged to grant you such rights on the basis of use.

Liability and warranty

The availability of the website is only guaranteed within the framework of the technical conditions. Temporary service failures cannot be ruled out and do not constitute a basis for any claims against DKV.

Services that are not subject to a special contractual relationship (including the operation of this website itself) may be suspended at any time without notice.

Please note that data transmission over the Internet (e.g. when communicating by e-mail) has security gaps and cannot be completely protected from access by third parties. If in doubt, choose communication by post.

Liability for content

The content of our pages has been and is carefully prepared and regularly updated. However, we do not assume any liability for the correctness, completeness and up-to-dateness of the content. We are responsible for our own content according to general laws. We are not obliged to monitor external content on our pages – in particular guest contributions or comments – or to investigate circumstances that indicate illegal activity. We shall remove content immediately, as soon as we become aware of a concrete violation of the law that justifies such removal.

The use of the content of our website is at your own risk; the information provided is for non-binding general information only and is intended to prepare your actions more thoroughly if necessary, but does not replace comprehensive individual advice for a (contractual) decision.

Please do not, therefore, rely on the correctness, completeness or up-to-dateness of the information if its erroneousness could result in a loss for you!

Liability for links

This DKV website may contain links to third-party websites (external links). Such websites are the responsibility of the respective operators.

DKV would like to provide you with interesting and useful, but occasionally also critical, information via external links. Sometimes a link is just a (mandatory) source reference and therefore cannot simply be omitted. The setting of external links does not, therefore, mean that DKV adopts the content behind the reference or link as its own, especially as the external content is (may be) subject to permanent change.

DKV has established an internal process that ensures that when external content is linked for the first time, it is checked within the usual framework to see whether any legal violations exist. If a legal violation is apparent at this point in time, this link will be marked in a particular way (distinction) – provided that the external link is then set at all (e.g. because we are obliged to do so). However, DKV has no influence whatsoever on the current and future design or content of the linked external sites!

Help us to make the Internet as free of legal infringements as possible: if you find one on a page to which we have set an external link, please send us an e-mail or contact us. We can assure you that we check links to such content again immediately and remove them if necessary.

Other liability, liability for malware (viruses)

DKV’s liability for material defects and defects of title shall be governed by the aforementioned provisions of these General User Conditions; in all other respects, DKV excludes its liability for slightly negligent breaches of duty in the case of service performance, in particular in the downloading of files provided by DKV on the web pages mentioned here, insofar as these do not concern material contractual obligations or injury to life, limb or health, or claims under the German Product Liability Act, claims for the assumption of a guarantee of quality or claims for fraudulent concealment of a defect. Compensation for damages due to negligent breach of material contractual obligations is, however, limited to the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents.

DKV makes every effort to keep the website and its content free of malware (viruses). Nevertheless, DKV cannot guarantee that the website and/or its content are always free of viruses. For your own protection, always ensure that appropriate and updated security precautions and virus scanners are in place before downloading and opening content from the DKV website!

The above provisions do not change the burden of proof to your disadvantage.

Copyright, ancillary copyright and image rights

Copyright and ancillary copyrights

The content published on the dkv-mobility.com website – including images – is subject to copyright and ancillary copyright. Any use outside the limits of the applicable copyright law requires the prior written consent of DKV or the rights holders (authors).

This applies, in particular, to duplication, editing, translation, storage, utilisation, processing or reproduction of content in databases or other electronic media and systems.

The unauthorised duplication or passing on of individual content or complete pages is not permitted and may even be liable to prosecution. The presentation of this website in external frames is only permitted with the written consent of DKV.

Third-party content is marked as such; its copyrights are observed. If you discover content on one of our pages that you believe violates your (or others’) rights, please send us an e-mail or contact us. We assure you that we will clarify this immediately.

Right to one’s own image when depicting people

The persons depicted on the DKV website have agreed to publish the image on our web pages.

If, despite careful control of the content, an image has been published that you believe violates this principle or if you wish to have the published photo removed (permissible revocation of consent), you can notify DKV of this in writing (simply by e-mail or fax ). Please describe the image as precisely as possible and state the page on which it is located.

DKV will immediately remove the image(s) from the DKV websites concerned and will no longer use it (them) in future if the publication violates the above.

Other, ancillary agreements, applicable law

DKV does not assume any responsibility for the fact that information and/or documents may also be retrieved or downloaded from the DKV website at locations outside Germany. The content is not directed at persons residing in the USA. Persons domiciled in other countries should please observe the applicable (sales) restrictions for the corresponding products and/or services. If the legal system applicable to you does not allow you to access our website, you may not access it.

All ancillary agreements require the written form.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as this is not contradicted by mandatory legal provisions of the country in which the consumer is usually resident.

User Conditions updated: 2018 · Author: DKV