Legal

Terms of Service

Please read these terms carefully before booking or listing a vehicle.

1. General Terms

Probefahrt Touristen is a digital marketplace connecting vehicle owners with individuals interested in test-driving private vehicles. Both parties must read and accept these terms before using the platform. These terms are governed by German law (BGB, Bürgerliches Gesetzbuch).

2. Vehicle Owner Requirements

Vehicle Insurance (Kfz-Versicherung)

⚠️ Important:

  • You must have valid third-party liability insurance (Kfz-Haftpflicht) covering your vehicle that explicitly permits third-party drivers to operate the vehicle.
  • Standard private Kfz-Haftpflicht policies often exclude 'gewerbliche Nutzung' (commercial use). Allowing strangers to drive your car for a fee may trigger this exclusion.
  • You must review your insurance policy or contact your insurer BEFORE listing. Failure to disclose paid test drives to your insurer may result in claim denial under PflVG § 26.
  • Consider peer-to-peer carsharing insurance products that explicitly cover paid test drives.
  • The mandatory third-party liability insurance covers the driver when authorized. The coverage follows the car, not the person.
  • Comprehensive insurance (Kaskoversicherung) typically does NOT cover third-party drivers unless explicitly included in your policy.

Vehicle Registration and TÜV/HU Inspection

  • Your vehicle must have a current, valid TÜV/HU (Hauptuntersuchung) inspection. Vehicles without valid TÜV cannot legally participate in this marketplace (FZV, Fahrzeug-Zulassungsverordnung).
  • Your vehicle must be properly registered (zugelassen) with valid license plates.
  • You must ensure the vehicle is in a roadworthy condition (verkehrssicher). You are liable under StVG § 7 and § 31 StVO if you knowingly hand over a defective vehicle.

Owner Presence (Begleitpflicht)

The owner is required to be present inside the vehicle for the full duration of every test drive. This is a binding platform rule.

  • Owner presence ensures the arrangement is legally an accompanied shared drive, not a vehicle hand-over (Überlassung). This distinction is relevant under many insurance policies and reduces the risk of a commercial-use clause being triggered.
  • The owner must physically verify the test driver's license before the drive begins (StVG § 21 compliance).
  • The owner may terminate any test drive early at their sole discretion if they believe the vehicle or other road users are at risk.

Liability and Indemnification

  • Under StVG § 7 (Halterhaftung), you as the registered vehicle owner bear strict liability ('Gefährdungshaftung') for damage caused to third parties, regardless of fault. This cannot be contractually excluded toward third parties.
  • You may seek indemnification from the test driver for damages caused by the driver's negligence (BGB § 280 ff.). Ensure you have a signed agreement before each test drive.
  • You must document the vehicle's condition before and after each test drive (pre-existing damage, mileage, fuel level).
  • Damage to your own vehicle (Kaskoschaden) is your responsibility unless your insurance covers third-party drivers.

Pre-Existing Damage Documentation

  • Before each test drive, you MUST provide an Übergabeprotokoll (handover protocol) documenting:
    • Current mileage
    • Fuel level
    • Any visible damage, scratches, or defects
    • Photos are strongly recommended
  • The test driver must sign this document confirming they accept the vehicle in the stated condition.

3. Test Driver Requirements

Valid Driver's License (Fahrerlaubnis)

  • You must possess a valid driver's license (Fahrerlaubnis Klasse B) to drive any listed vehicle.
  • You must be at least 18 years old.
  • Your license must not be expired or subject to a driving ban (Fahrverbot).
  • You will be required to verify your license information during the booking process. False information is a criminal offense under StVG § 21.
  • The vehicle owner commits a criminal offense (up to 1 year imprisonment or fine) if they knowingly allow an unlicensed driver to operate the vehicle.

Liability During Test Drive

  • As the test driver, you are responsible for operating the vehicle safely in compliance with German traffic laws (StVO, Straßenverkehrsordnung).
  • You are jointly liable (under StVG § 18) for any damages caused by your negligent operation of the vehicle.
  • You agree to indemnify the vehicle owner for damages caused by your negligence or violation of traffic laws.
  • Any traffic fines, parking violations, or toll charges incurred during the test drive are your responsibility.

Condition of Vehicle Upon Return

  • You must return the vehicle in the same condition as received (normal wear excepted).
  • You must return the vehicle at the agreed time and location.
  • You must return the vehicle with the fuel level specified in the rental agreement.
  • If the vehicle is damaged during your test drive, you are liable for repair costs.

4. Insurance and Damage Claims

  • The vehicle owner's mandatory third-party liability insurance (Kfz-Haftpflicht) covers damage to third parties (other vehicles, people, property).
  • Damage to the vehicle being tested (Kaskoschaden) is covered only if:
    • The owner's comprehensive insurance (Kaskoversicherung) explicitly covers third-party drivers, OR
    • The test driver's personal vehicle insurance covers liability as a borrowed vehicle driver.
  • Test drivers are encouraged to verify their own insurance coverage before booking.
  • The platform is not responsible for insurance disputes between owner and driver.

5. Data Protection (DSGVO / GDPR)

  • All personal data, including driver's license information, is processed according to EU DSGVO (GDPR) and German BDSG.
  • Please read our Privacy Notice for full details on data collection, use, and retention.
  • Driver's license data is collected solely for verification purposes and to ensure legal compliance.
  • You have the right to access, correct, or request deletion of your personal data under DSGVO Art. 15 to 18.

6. Platform Responsibilities and Limitations

  • Probefahrt Touristen acts as a marketplace facilitator only. We do not own any vehicles or participate in test drives.
  • We strongly recommend vehicle owners verify drivers' insurance coverage before confirming a test drive.
  • We are not liable for disputes between owners and drivers, including disputes over damage, insurance, or contract terms.
  • The platform does not provide insurance. Vehicle owners and test drivers are solely responsible for obtaining appropriate insurance coverage.
  • Violations of these terms (e.g., driving without valid insurance) may result in removal from the platform.

7. Prohibited Uses

Users agree NOT to:

  • Use a vehicle for test drives without valid insurance
  • Conduct a test drive without the owner being present in the vehicle
  • Allow or participate in a test drive with an unlicensed driver
  • Misrepresent vehicle condition or ownership
  • Use false identity information or falsify driver's license verification
  • Operate a vehicle in violation of traffic laws or driving bans
  • Use the vehicle for purposes other than the agreed test drive
  • Sublicense or rent the vehicle to third parties without the owner's written consent

8. Dispute Resolution and Governing Law

  • These terms are governed by German law (BGB, Bürgerliches Gesetzbuch).
  • Disputes between owners and drivers should first be addressed directly through the platform's messaging system.
  • Disputes that cannot be resolved between the parties may be referred to EU Online Dispute Resolution (ODR) at https://ec.europa.eu/consumers/odr/
  • For commercial disputes, the parties agree to attempt mediation before legal action.

9. Important Disclaimers

⚠️ PLEASE READ CAREFULLY:

  • Insurance Disclosure: Private test drives may not be covered by standard vehicle insurance policies. Both owners and drivers must verify their insurance coverage before participation. The platform is not responsible for insurance disputes.
  • Legal Liability: Under StVG § 7, vehicle owners bear strict liability for third-party damages. This cannot be contractually excluded. Indemnification agreements with drivers are only enforceable for the driver's own negligence.
  • Criminal Liability: Under StVG § 21, allowing an unlicensed driver to operate a vehicle is a criminal offense punishable by up to 1 year imprisonment or a fine.
  • No Warranty: The platform does not warrant the safety, roadworthiness, or insurability of any listed vehicle. Both parties conduct due diligence independently.

10. Legal Advice

These terms are for informational purposes. For specific legal advice regarding insurance, liability, or compliance, please consult a qualified German attorney (Rechtsanwalt) specializing in Verkehrsrecht (traffic/vehicle law) or contract law.