General Terms and Conditions (GTC) for the Barande

1. Scope and Subject Matter

1.1 These General Terms and Conditions (GTC) apply to the use of the mobile application "Barande" (hereinafter referred to as "App" or "Platform"), operated by Samsoun Behaein, Grünhofer Weg 42, 13581 Berlin (hereinafter referred to as "Operator").

1.2 The App provides a matching platform where users who are traveling ("Travelers") and users who wish to send items or documents ("Senders") can connect.

1.3 The Operator itself does not offer any transport or courier services, but merely provides the technical platform. Contracts for the transport of items are concluded exclusively between the Traveler and the Sender (peer-to-peer).

2. Registration and User Account

2.1 The use of the App's core features requires registration. Only natural persons with full legal capacity who are at least 18 years of age are eligible to participate.

2.2 The data requested during registration must be provided completely and truthfully.

2.3 The user account is non-transferable. Each user is solely responsible for keeping their login credentials confidential.

3. Platform Services and Contract Conclusion Between Users

3.1 Travelers can list upcoming trips in the App and specify how much free luggage allowance (in kg) they offer at what price (price per kg), or set flat fees for the transport of documents.

3.2 Senders can submit booking requests based on these listings. They must provide information about the item to be transported (type, weight, estimated value) and the recipient.

3.3 The transport contract is concluded once the Traveler accepts the Sender's booking request via the App.

4. Payment Processing and Service Fee

4.1 Payment of the transport fee is made exclusively cashless via the payment service provider integrated into the App (PayPal).

4.2 The Sender pays the agreed total amount upon booking completion via PayPal.

4.3 The payment amount consists of the compensation for the Traveler, a service fee of 15% for the use of the platform, and any applicable payment processing fees (PayPal Fees).

4.4 The compensation is managed in escrow and is only paid out to the Traveler once the successful handover of the shipment at the destination has been confirmed (e.g., by means of a handover code).

5. Obligations of Travelers

5.1 The Traveler undertakes to collect the shipment on time at an agreed location and to hand it over undamaged to the recipient at the destination.

5.2 The Traveler is entitled and obligated to inspect the contents of the shipment upon handover by the Sender to ensure that it corresponds to the information provided in the App and does not contain any prohibited items.

5.3 The Traveler shall obtain all necessary information for the transport in a timely manner (e.g., customs regulations) and comply with applicable import and export regulations.

6. Obligations and Guarantees of Senders

6.1 The Sender warrants that the handed-over items correspond to the provided information.

6.2 It is expressly prohibited to send the following items via the platform:

• Illegal drugs, narcotics, or medication without a prescription.
• Weapons, explosives, or dangerous goods (hazardous materials per ADR/IATA).
• Live animals.
• Stolen goods or fenced merchandise.
• Goods whose import or export is prohibited under the laws of the origin, transit, or destination countries.

6.3 The Sender is obligated to send only items with an estimated value of up to 99 Euros to unverified Travelers. For items of higher value, a verified Traveler must be selected.

7. Liability and Warranty

7.1 Liability of the Operator: The Operator is liable without limitation for intentional acts and gross negligence. In cases of slight negligence involving the breach of essential contractual obligations (cardinal obligations), liability is limited to foreseeable, contract-typical damages. Any further liability of the Operator is excluded.

7.2 The Operator assumes no liability for the successful execution of the transport, damage, loss, or delays of shipments. Claims arising from the transport contract are the sole responsibility of the respective contracting party (Traveler or Sender).

7.3 In the event of loss or damage to the shipment, the Operator is not obligated to compensate for the damage. Users must resolve any claims directly between themselves.

8. Verification and Security

8.1 To increase security, the Operator offers users the option of voluntary verification (e.g., through identity documents).

8.2 Unverified Travelers are subject to certain restrictions, such as the value limit of 99 Euros for items to be transported.

8.3 The Operator reserves the right to temporarily or permanently exclude users from using the App in case of violations of these GTC (e.g., transport of prohibited items, fraud attempts).

9. Cancellation of Transport Contracts

9.1 The conditions for cancellation of a booking by the Traveler or the Sender (e.g., deadlines and refund policies) are governed by the cancellation terms communicated within the App.

9.2 If a trip is canceled by the Traveler, the Sender will generally receive a full refund of the amount paid in advance.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, mandatory consumer protection provisions of their home country remain unaffected.

10.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

10.3 The Operator reserves the right to amend these GTC at any time with effect for the future. Users will be informed of changes in a timely manner within the App or by email.

10a. Rights of Use and Intellectual Property

10a.1 The Operator grants the User a non-exclusive, non-transferable, revocable right to use the App on their own devices, exclusively for the purpose described in these GTC.

10a.2 All rights to the platform, including design, code, trademarks, and content, remain with the Operator. It is prohibited to copy, decompile, or create derivative works of the App.

10b. App Store Provisions

10b.1 The App is provided via the Apple App Store and/or Google Play Store. In addition to these GTC, the respective terms of use of the App Store operator apply.

10b.2 The User acknowledges that these GTC are concluded exclusively between the User and the Operator (not Apple Inc. or Google LLC). Apple and Google are not responsible for the App or its content.

10b.3 In the event of a conflict between these GTC and the provisions of the respective App Store, the App Store provisions shall prevail to the extent they are mandatory.

10c. Cancellation Policy

Consumers generally have a right of withdrawal of 14 days for distance contracts. Since the Operator operates a mediation platform and the service (mediation) is fully rendered upon the conclusion of the booking, the right of withdrawal expires with the confirmation of the booking, provided that the user has expressly agreed to this (§ 356 Para. 4 BGB).

10d. Changes to the GTC

10d.1 The Operator reserves the right to change these GTC with effect for the future, insofar as this is necessary for objectively justified reasons (e.g., changes in the legal situation, new functions).

10d.2 The User will be informed about changes at least 30 days before they take effect via email or in-app notification. If the User does not object within 30 days, the changed GTC are deemed accepted. This right will be pointed out in the change notification.

10e. Online Dispute Resolution (ODR)

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/

Our email address: connect@barande.app

We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.