§ 1
Scope and provider
These terms and conditions govern the use of the online platform offered under Mobi24 by registered and unregistered users. The platform provider is [Bitte ergänzen: vollständiger Betreiber-/Firmenname] [Bitte ergänzen: Rechtsform], [Bitte ergänzen: Straße und Hausnummer], [Bitte ergänzen: PLZ] [Bitte ergänzen: Ort] (hereinafter “Mobi24”).
Any differing terms of a user apply only if Mobi24 has expressly agreed to them in text form. Mandatory statutory consumer rights remain unaffected.
§ 2
Services and Mobi24’s role
Mobi24 provides a digital vehicle marketplace. Users can search for and save vehicle listings and contact one another through the internal messaging system or the contact details provided. Only approved professional vehicle dealers may publish vehicle listings; private vehicle sales are not offered.
Mobi24 does not become a party to any purchase, brokerage, finance, insurance or other contract concluded between users. The vehicle seller and interested party act on their own responsibility. Mobi24 does not guarantee the conclusion of a contract or a user’s solvency, identity or compliance with contracts.
Finance, insurance or other partner offers may be provided by legally independent third parties. Their respective terms apply to such offers.
§ 3
Registration and user account
- Registration is open to individuals aged 18 or over, companies with legal capacity and authorised representatives.
- All details must be complete, current and truthful. Changes must be updated in the profile without delay.
- The email address is verified through a double opt-in process. If it is not confirmed within three days, the account, which has not yet been activated, and its registration data may be deleted automatically.
- Login credentials must be kept confidential and must not be shared with unauthorised third parties. Suspected misuse must be reported to Mobi24 without delay.
- Each person or company may maintain only the accounts objectively necessary. Automated, misleading or abusive registrations are prohibited.
Dealer accounts
Professional vehicle dealers must submit the requested company information and supporting documents. Activation takes place only after email verification and an additional review by Mobi24. This review checks plausibility and access eligibility; it is not a guarantee of creditworthiness, reliability or the legality of all subsequent listings.
§ 4
Vehicle listings and user obligations
The advertiser is solely responsible for the content, accuracy, currency and legality of their listing. In particular, they must:
- accurately describe the vehicle, its features, previous damage, mileage, availability, prices and the seller’s business status;
- offer only vehicles they are entitled to dispose of or are duly authorised to advertise;
- use their own or lawfully usable images and texts, and respect personal, trademark, copyright and other third-party rights;
- provide all legally required information, particularly to consumers;
- promptly deactivate or remove vehicles that have been sold or are no longer available.
In particular, unlawful, fraudulent, misleading, discriminatory or offensive content, malware, spam, bait offers and content with no recognisable connection to vehicles are prohibited.
§ 5
Contact and contracts between users
Vehicle listings on Mobi24 generally invite interested parties to contact the advertiser. Whether and when a binding contract is concluded depends exclusively on the declarations of the users involved and the applicable statutory provisions.
Users are responsible for checking the vehicle, its documents, the identity and authority of their contractual partner, and the agreed payment and handover arrangements. Mobi24 does not hold purchase payments or act as an escrow agent unless expressly stated otherwise in a separate offer.
§ 6
Messaging and reports
The messaging system may be used only to genuinely initiate and conduct vehicle-related transactions and for necessary enquiries. Advertising without consent, chain messages, phishing, automated bulk messages and unlawful content are prohibited.
Users can report suspected unlawful content or violations through the contact page . Reports should identify the listing, explain the concern and include a contact address where the sender can be reached.
§ 7
Rights to use submitted content
For the duration of publication, the user grants Mobi24 a non-exclusive, worldwide right, limited to operating and promoting the specific listing, to technically store, reproduce, adapt and make publicly available the submitted texts, images and other content. This includes necessary image resizing and display in search results.
The user confirms that they hold the rights required for this purpose. Ownership and all further rights to the content remain with the respective rights holder.
§ 8
Search, sorting and highlighted listings
Search results are displayed according to the user’s selected filters and technical search parameters. Where relevance is equal, freshness, publication date and technical availability may influence the order. Listings that are specially highlighted or advertised are identified as such where required by law.
§ 9
Suspension, deletion and termination
Mobi24 may temporarily block or remove individual content and restrict user accounts where there are concrete indications of an infringement of law, a breach of these terms, danger to other users or misuse of the platform. Decisions take account of the nature, seriousness, frequency and consequences of the breach and the user’s legitimate interests.
Where legally required, the affected user is informed of the measure and its main reasons. In urgent cases, particularly suspected fraud, security risks or an official order, prior consultation may be omitted.
Users may terminate their account at any time using the account functions provided or by notifying Mobi24. Statutory retention obligations and further processing to defend or enforce claims remain unaffected.
§ 10
Fees
Registration and features expressly described as free within the current service offering are free of charge. Charges for additional services arise only if the price, scope and duration are clearly shown before booking and expressly confirmed by the user. Additional terms may apply to those services.
§ 11
Availability and changes
Mobi24 seeks to provide high availability but does not guarantee uninterrupted or error-free access. Temporary restrictions may arise particularly from maintenance, security measures, network or third-party service disruptions, or events beyond Mobi24’s control.
Features may be developed, modified or discontinued provided this does not unreasonably impair the purpose of the contract. Registered users will be informed of significant, non-temporary changes within a reasonable period.
§ 12
Liability
Mobi24 has unlimited liability for intent and gross negligence, injury to life, body or health, liability under the German Product Liability Act, and to the extent of an expressly assumed guarantee.
For a slightly negligent breach of a material contractual obligation, liability is limited to foreseeable damage typical of the contract. Material obligations are those whose fulfilment enables proper performance of the contract and on which the user may regularly rely. Otherwise, liability for slight negligence is excluded.
Mobi24 is not liable for the accuracy of user information, the condition or availability of listed vehicles, or the performance of contracts between users. Statutory rules governing platform liability and mandatory consumer rights remain unaffected.
§ 13
Indemnification
If a user culpably infringes third-party rights or these terms, they shall indemnify Mobi24 against justified third-party claims and the necessary costs of a reasonable legal defence. This does not apply where the user is not responsible for the infringement. Mobi24 will inform the user of claims made and allow them to assist in the defence.
§ 14
Privacy
Information about the processing of personal data is provided in the privacy policy.
§ 15
Changes, applicable law and jurisdiction
Mobi24 may amend these terms prospectively where there is an objective reason, particularly changes in legislation, case law, security requirements or significant changes to features. Registered users will be informed of significant changes in good time. Where consent is required, it will be obtained expressly.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice applies only insofar as it does not deprive them of the protection of mandatory provisions in the state of their habitual residence.
If the user is a merchant, a legal entity under public law or a special fund under public law, the operator’s registered office is the exclusive place of jurisdiction to the extent permitted by law.
Mobi24 is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.