Terms of use

These General Terms and Conditions (hereinafter referred to as the "Platform Terms of Use") for the use of the DriveBackNow platform for vehicle movements in German, which  can be accessed at https://drivebacknow.com/ or via the mobile app developed for this purpose (website and app are hereinafter jointly referred to as the "Platform"), govern the contractual relationship between: 

• O.T. Logistik EOOD 5 Dobri Nemirov Ul., Office 1B 1324 Sofia, Bulgaria (hereinafter 'DriveBackNow'), of the one part,
• and, on the other hand, those natural and legal persons who register for one of the following uses of the Platform (hereinafter "Users"):
• Providers of short-term vehicle rentals (hereinafter referred to as "Lessors") as part of the Platform's vehicle rental service
• Requesters of short-term rentals of vehicles within the scope of the Platform's vehicle rental service (hereinafter referred to as the "Renter");
• Providers of vehicle transfers as part of the platform's vehicle transfer service (hereinafter referred to as "Drivers").
• Requesters of vehicle transfers within the scope of the Platform's vehicle transfer service (hereinafter referred to as "Vehicle Transfer Customer(s)");

Our platform is aimed exclusively at rental companies, drivers and vehicle transfer customers who are entrepreneurs, i.e. who conclude the rental contract or vehicle transfer (sub)contract as part of their commercial or self-employed professional activity. Only tenants can also be consumers, i.e. conclude the lease outside their commercial or self-employed professional activity.

Vehicle transfer customers can also benefit from a blended formula that allows them to first offer a rental agreement on the platform as a host and, if there is no booking by a renter within a period agreed between DriveBackNow and the vehicle transfer customer/lessor, to tender a vehicle transfer order.

All Users, i.e. all Lessors, Renters, Drivers and Vehicle Transfer Customers, are subject to the following Platform Terms of Use.

PREAMBLE: Subject of the Platform Terms of Use

These Platform Terms of Use govern the use of the Platform and thus the legal relationship between DriveBackNow and the respective Users.

DriveBackNow reserves the right to modify these Platform Terms of Use at any time and without notice. Such changes apply with regard to future uses, not in the

with regard to vehicle transfer (sub)contracts that have already been concluded.

Every time a user registers on the platform, when a rental agreement or

Vehicle Transfer Order is placed online by a Rental Provider or Vehicle Transfer Customer, or if a Rental Agreement is selected by a Renter or a Vehicle Transfer Subcontract by a Driver, such Users accept the then-current Platform Terms of Use.

The version of the Platform Terms of Use valid at the time of the User's use of the Platform, i.e. the online posting of a Rental Agreement or Vehicle Transfer Offer or the confirmation of a Rental Agreement or Vehicle Transfer Subcontract, shall apply.

The Vehicle Rental Service and the Vehicle Transfer Service are each subject to other special terms and conditions. These supplement the Platform Terms of Use and, in the event of conflicts, take precedence over deviating Platform Terms of Use.

Article 1: About the Platform

DriveBackNow operates the platform, which  is available at https://drivebacknow.com/ or via the DriveBackNow mobile app. The platform allows for the conclusion of rental agreements and the processing of vehicle transfers as follows:

As part of the Platform's vehicle rental service, DriveBackNow mediates short-term rental agreements between the Lessor and the Renter (hereinafter referred to as the "Rental Agreement"). The rental agreement is concluded between landlord and tenant, DriveBackNow is not a party to the rental agreement but merely mediates the conclusion of the contract. The Vehicle Rental Service is supplemented and prioritized by the Special Terms and Conditions of Use for the Vehicle Rental Service (hereinafter referred to as

"Vehicle Rental Conditions").

As part of the platform's vehicle transfer service, DriveBackNow handles the transfer of vehicles (hereinafter referred to as "vehicle transfer(s)") for vehicle transfer customers using self-employed drivers. To this end, DriveBackNow concludes a service contract with the vehicle transfer customer (hereinafter referred to as the "vehicle transfer order") on the one hand as the contractor and, on the other hand, as the client, a corresponding service contract with the driver (hereinafter referred to as the "vehicle transfer subcontract"). The vehicle transfer subcontracts to be booked will be made available to all registered drivers. They are displayed in the form of a list of results in ascending order of expiry date when searching on the platform. These vehicle transfer subcontracts can also be submitted in any other form if necessary, in particular in dynamic tables with "last-minute vehicle transfer subcontracts".

Article 2: Access to the Platform

DriveBackNow does not guarantee that the platform will be available uninterrupted. The Platform is generally available 24 hours a day, 7 days a week, with the exception of maintenance work, force majeure, disruptions or other events beyond the control of DriveBackNow.

If the platform is not available, DriveBackNow undertakes to carry out the necessary repairs without delay, but without any obligation to achieve a specific result.

Article 3: Registration on the Platform

Users must first register on the platform if:

• you, as a lessor or vehicle transfer customer, would like to place a rental agreement or a vehicle transfer order online,
• you want to book a rental agreement as a tenant or
• you want to book a vehicle transfer subcontract as a driver.

To this end, Users are invited to create an account and provide all the necessary information to do so: name, surname, email address and password (hereinafter the "Account").

Other required information may vary for different types of users and may include, but is not limited to, the driver's place of business or the business premises(s) of the lessor/vehicle transfer customers (branches, workshops, dealers, etc.), as well as an email address for managing the account and sending invoices.

Users are also asked to upload certain documents to their account, such as

e.g. copy of ID, driver's license and, if applicable, other documents that are required when registering to set up the account on the platform. Users will then be asked to accept the Platform Terms of Service and confirm registration.

An email with a hyperlink to verify the account will then be sent to the user at the email address provided to confirm the new account.

All users are obliged to check the accuracy of the information provided during registration and to update it regularly, as well as to provide all evidence required by DriveBackNow as soon as they are asked to do so.

A user can only open one account on the platform.

Users may only use their account personally and confidentially and may not transfer or make it accessible to third parties.

DriveBackNow reserves the right to suspend or terminate accounts created with a false identity or for fraudulent purposes without notice or compensation.

Article 4: Responsibility

The accuracy and completeness of all information provided by Users on the Platform is the sole responsibility of the Users who have provided it, even if DriveBackNow has carried out a check.

DriveBackNow only provides its users with a platform for concluding rental contracts and tendering vehicle transfer contracts. Registration is free of charge. DriveBackNow does not warrant or assume any liability with regard to the conclusion or performance of rental agreements or vehicle transfer orders or the acceptance of vehicle transfer orders. Users agree that DriveBackNow cannot be held responsible for any direct or indirect damage arising in connection with rental agreements or from the unavailability of the Platform in whole or in part.

Article 5: Intellectual Property

All elements of the Platform, including the App (in particular texts, images, descriptions, logos, etc.) are and remain the exclusive property of DriveBackNow or DriveBackNow's licensors.

The total or partial use or reproduction of these elements, regardless of the process, is strictly prohibited without the prior consent of DriveBackNow and constitutes an infringement that can be prosecuted under criminal and civil law under intellectual property laws.