General Terms and Conditions
1. Scope of Application and Subject of the Contract
1.1 Deutsche Mittelstandsfinanzplattform GmbH, Bonner Straße 12, 51379 Leverkusen, registered in the commercial register of the Cologne District Court under the number HRB 110016, provides consulting services for financing (the "Consulting") as well as brokerage services to providers (the "Brokerage"). For this purpose, it operates the consulting and brokerage platform "leasing-pilot.com" (hereinafter also referred to as "Platform" or "LeasingPilot"), which is registered under the brand "Leasing-Pilot" or "LeasingPilot" and includes a data room to which customers and providers have access.
LeasingPilot
- assesses the customer's financing needs and advises on possible financing options,
- collects from the customer the necessary documents and information required for an application,
- prepares requests from entrepreneurs/enterprises ("Customers") for financing products, mainly leasing, hire-purchase, and loan financing, for specific investment or (re)financing projects or loans (hereinafter referred to as "Financing Products") and
- forwards these to providers of financing, mainly leasing companies, funds, banks, or other financing providers ("Providers"),
- obtains offers from the providers ("Offer"), reviews them, and forwards them to the customer,
- advises the customer on selecting the offers,
- facilitates contact between the customers and the providers. Additionally, LeasingPilot advises customers on selected aspects of financing products and supports them in discussions and negotiations with providers.
1.2 The consulting services and the platform content are exclusively aimed at entrepreneurs as defined in § 14 of the German Civil Code (BGB). LeasingPilot reserves the right to demand suitable proof of the entrepreneur status from customers and to regularly check the entrepreneur status of the user.
1.3 These General Terms and Conditions ("GTC") govern the contractual relationship between the customer and LeasingPilot (together "Parties") regarding the use of the platform and the consulting and brokerage of financing products.
1.4 The currently valid GTC can be accessed at https://leasing-pilot.com/de/allgemeine-geschaeftsbedingungen/ during the use of the platform and at any other time by the customer and user of the website and can be downloaded, saved, and printed. LeasingPilot does not store this contract text after the conclusion of the contract.
1.5 These GTC are the exclusive contractual basis for registering as a customer for the platform, using it, and obtaining contact with the providers, unless a separate consulting and brokerage agreement is concluded with the customer. The provisions of a consulting and brokerage agreement always take precedence over these GTC.
1.6 The customers declare their consent to the validity of these General Terms and Conditions by clicking on a checkbox before completing the registration.
1.7 Any conflicting General Terms and Conditions of the customer are excluded, even if LeasingPilot is aware of them and does not expressly object to them.
2. General Exclusion of Use
2.1 Excluded from using the platform are consumers as defined in § 13 BGB, as well as the following persons and associations of persons:
2.1.1 Natural persons, legal entities, and other associations of persons residing or established in a country or region against which the USA, the European Union, or the Federal Republic of Germany have imposed measures that are considered comprehensive sanctions ("comprehensive sanctions").
2.1.2 Natural persons, legal entities, and other associations of persons against whom the USA, the European Union, or the Federal Republic of Germany have imposed economic sanctions.
2.1.3 Persons or associations of persons in which a sanctioned party mentioned in 2.1.1 or 2.1.2 holds at least 50% of the shares or voting rights; in which a sanctioned party mentioned in 2.1.1 or 2.1.2 is entitled to determine the majority of the members of the management, the board of directors, or a comparable governing body; or which are otherwise controlled by a party mentioned in 2.1.1 or 2.1.2.
2.2 For business policy reasons and to protect the general reputation of LeasingPilot, persons and associations of persons based in a high-risk country are excluded from using the platform. For the same reasons, financing may not be brokered to persons and associations of persons if they are based in a high-risk country.
2.3 For this purpose, high-risk countries are all third countries with high risk identified by the Commission in the valid delegated legal act pursuant to Art. 9 of Directive (EU) 2015/849 (or a corresponding subsequent regulation), as well as the following countries: Democratic People's Republic of Korea (North Korea), Iran, Crimea, Cuba, Sudan/South Sudan, Syria, Lebanon, Russia, Syria, Belarus.
3. Scope of LeasingPilot's Services
3.1 LeasingPilot obtains offers from providers on the basis of the documents and information transmitted by the customer. LeasingPilot is not responsible for the completeness and accuracy of the information and documents transmitted by the customer.
3.2 The contact established by LeasingPilot between the customer and the provider does not constitute a recommendation or advice for a specific provider or offer. The customer makes his decision independently and without being influenced by LeasingPilot. In this respect, LeasingPilot acts exclusively as a broker.
3.3 LeasingPilot does not guarantee the completion of a contract between the customer and the provider. The final decision regarding the conclusion of a contract is made exclusively by the customer and the provider.
3.4 LeasingPilot is entitled to broker contracts to any providers. There is no exclusive commitment to specific providers. LeasingPilot is free to choose the providers to whom the financing requests are forwarded.
3.5 LeasingPilot is not obliged to provide its services to every customer. It can refuse the service without giving reasons.
3.6 LeasingPilot reserves the right to discontinue the operation of the platform at any time and without giving reasons.
3.7 LeasingPilot is entitled at any time to block content or temporarily restrict the use of the platform at its reasonable discretion if this is necessary for security, integrity, and capacity limits, or to carry out technical measures on the website, such as maintenance work. LeasingPilot takes into account the legitimate interests of the customer and the providers and will inform the customer and the providers in advance about a restriction if possible.
3.8. If LeasingPilot becomes aware of unauthorized use of the customer's account, particularly by unauthorized third parties, LeasingPilot is entitled to temporarily block the customer's account for security reasons. This also leads to the blocking of any additional employees authorized by the customer. In the case of unauthorized use, LeasingPilot is entitled to change the customer's login data; LeasingPilot will inform the customer and its employees about this. LeasingPilot is not obliged to monitor the use of the customer's account.
4. Use of the Platform by the Customer
4.1 Use of free content of the website (without registration)
4.1.1 Customers can use free content of the website, such as the leasing and hire purchase calculator as well as content, for example, in the News or Academy sections, free of charge. The leasing and hire purchase calculator is for illustration purposes only and cannot replace advice from a qualified professional. In particular, the information obtained through the use of the leasing and hire purchase calculator does not constitute legal or financial advice for any person or institution and should not be interpreted as such.
4.1.2 LeasingPilot makes no express or implied representations or warranties that the figures generated by the LeasingPilot calculator accurately and/or completely reflect the interest or other costs of the calculated financing relationship. LeasingPilot assumes no liability for losses or liabilities arising from the use of the LeasingPilot calculator by any person or institution.
4.2 Registration, customer account, login, duration, and termination
4.2.1 The use of registration-required platform content (e.g. storage of results of the leasing calculator and comparison functions, data room, etc.) requires registration. The platform is aimed at customers defined in section 1.2, who can register to use the platform and create a customer account ("customer account").
4.2.2 LeasingPilot is the customer's contractual partner when the customer registers to use the platform, creates a customer account, and uses the platform.
4.2.3 The customer makes a binding offer for the registration of the platform by providing mandatory information under the "Register/Register user account" section, choosing a username and a password for his customer account ("login data"), and clicking the "Submit" button ("offer for registration"). Until a click on the "Submit" button, the customer can cancel the registration at any time or change the information provided by deleting, supplementing, or correcting the information in the various fields or closing his web browser or tab. After completing the registration process, the customer can change the information provided in his personal customer account under "User profile" and "Company profile" at any time.
4.2.4 The customer will then receive an email with an activation link to the email address provided, which the customer must confirm to complete the registration (so-called double opt-in procedure). After successful activation, the customer will receive another email confirming the activation. LeasingPilot then checks the customer's details and contacts the customer.
4.2.5 The contract between LeasingPilot and the customer is concluded when LeasingPilot, after receiving the offer for registration and positive feedback on the verification of the information, sends a confirmation of receipt of the offer to the email address provided (registration confirmation email for registration), which the registered customer has provided during the registration ("contract conclusion for registration"). This registration confirmation email for registration represents the acceptance of the offer for registration by LeasingPilot ("acceptance for registration").
4.2.6 The contract for registration for the platform runs for an indefinite period. Both parties can terminate the contract at any time without observing a notice period. Text form (e.g., by email, fax, or letter) is sufficient to declare a valid termination.
4.2.7 Access will be blocked for the customer after receipt of the termination or sending of the termination, and his data will be deleted, subject to legal retention obligations. After termination, LeasingPilot is not obliged to provide the customer, provider, or project data, etc., to the customer or make it available in any other form.
5. Two-factor authentication (2FA)
5.1 The user can opt for two-factor authentication ("2FA") to additionally secure access to his account. The 2FA provides an additional level of security by requiring a second verification method in addition to the traditional password.
5.2. The user has the option to choose between different verification methods, (i) sending an SMS to a mobile phone number provided by the user, (ii) generating a code via a code generator or an associated app.
5.3 It is the responsibility of the user to ensure that the contact information provided is current and correct. The user is also responsible for protecting and controlling any access to the devices or services used for 2FA.
5.4 While 2FA helps to increase security, LeasingPilot assumes no liability for unauthorized access to the user's account or any losses arising therefrom, even if 2FA is activated. It is the responsibility of the user to take additional security measures and regularly inform himself about practices regarding security.
6. Costs
6.1 The use of the platform is free of charge for the customer.
6.2 For individual consulting and brokerage services from LeasingPilot, a separate consulting and brokerage agreement must be concluded.
7. Usage rights, provision of services by third parties
7.1 The customer grants LeasingPilot a simple, spatially and temporally unlimited and transferable right of use to the customer data for the duration of the contract. LeasingPilot is entitled to access this data during processing and to transmit it to third parties, in particular providers and, if necessary, selected advisors.
7.2 LeasingPilot is entitled to engage third parties to provide its services. This applies in particular to access and host providers as well as other services necessary for the provision of the service or optimization.
8. Accuracy and forwarding of information
8.1 The customer hereby assures that all information and documents uploaded by him directly or via third parties into the data room or otherwise made available to LeasingPilot are correct and not misleading, and that all information and documents that are or could be relevant for LeasingPilot's activities and/or for the risk decisions of the providers have been disclosed to LeasingPilot or will be disclosed immediately upon becoming known.
8.2 The customer will inform LeasingPilot immediately of all essential developments concerning the customer or the financing, as far as legally permissible, and provide all necessary business documents in electronic form, preferably via an upload to the data room.
8.3 LeasingPilot is not obliged to check the data provided or specified by the user or third party on the platform, in particular regarding the company and/or the project or financing project.
8.4 LeasingPilot is also not obliged to check the offers or contract documents provided by the providers, possibly subject to conditions. LeasingPilot assumes no liability for the content of the offers, contract documents, and all other information from the user, third party, or provider.
9. Course of the mediation process
9.1 Project inquiry by customer
9.1.1 LeasingPilot transmits suitable offers for financing products from providers via the platform or other suitable means.
9.1.2 The respective provider will become the customer's contractual partner, and its terms and conditions or contract conditions will apply to the contractual relationship between the customer and the provider.
9.1.3 The customer submits a request for financing a specific project to LeasingPilot as soon as he has provided all necessary information during the project process, uploaded the required documents, accepted these terms and conditions, and clicked the "Submit request" button ("Project inquiry").
9.1.4 Until clicking the "Send request" button, the customer can cancel or change his entry at any time by either closing his web browser or tab, confirming the "Back" function of the web browser, or deleting a single entry in the project card.
9.1.5 By clicking the "Send request" button, the customer exclusively commissions LeasingPilot to obtain suitable offers from providers for his specific financing project, transmit these offers to him, and mediate contact with these providers.
9.2 Project takeover by LeasingPilot
9.2.1 LeasingPilot sends a confirmation of the request ("Request confirmation") to the email address provided by the customer during registration immediately after receiving the project request. This request confirmation email does not constitute an acceptance by LeasingPilot or any of the requested providers but merely serves to inform the customer.
9.2.2 With the request, the customer asks LeasingPilot to check his documents, possibly ask questions, professionally prepare his project request, and find suitable providers for his specific financing needs. Only complete requests (all mandatory fields are filled out, and the necessary documents are uploaded to the data room) can be processed by LeasingPilot.
9.2.3 LeasingPilot selects the providers for the customer based on their tender criteria. The providers, for example, specify for which types of financing, from which customer groups (e.g., turnover size, sector, rating, location), or for what investment volume they exclusively wish to receive requests. LeasingPilot, possibly in consultation with the customer, selects the potential providers to whom the specific project request should be forwarded.
9.2.4 The selected providers have the opportunity to submit indicative offers suitable for the request within a period specified by LeasingPilot.
9.2.5 The offers submitted by one or more providers are made available to the customer directly and continuously for the specific project after a positive quality check by LeasingPilot.
9.2.6 The provision of financing products transmitted by LeasingPilot via the platform does not constitute a binding offer to conclude a contract but only an invitation to submit an application by the customer.
9.2.7 If the customer wants to contact a provider, this can be done via the platform (secured Q&A tool).
9.2.8 The offers or draft contracts of the providers are non-binding. The offer conditions and terms may therefore still change. Additionally, a concrete credit and/or financing check may only be carried out by the selected provider after the selection. The result of this check can lead to changed conditions or possibly even to the cancellation of an offer.
9.2.9 After successful verification, the provider makes the corresponding contract documents available to the customer in the data room. The contract conclusion between the provider and the user does not take place via the platform. Therefore, the selection of a provider by a user or third party does not yet lead to a contract conclusion.
10. Data Room
10.1 LeasingPilot provides a data room on the platform through which customers and providers can provide necessary or useful documents for the conclusion of financing products and access documents of the other parties.
10.2 Access rights are always designed in a competition-preserving manner based on the need-to-know principle.
10.3 Insofar as personal data is processed or uploaded in this data room, LeasingPilot acts as a processor by providing the technical infrastructure of the data room. The customers and providers are responsible for the data processing in the data room according to the GDPR. The personal data will be processed by LeasingPilot strictly only according to the instructions of the respective responsible party.
11. Confidentiality
11.1 The customer is obliged to keep his login data confidential and to protect it against unauthorized access by third parties. In case of suspicion of misuse of the login data or the customer account, the customer is obliged to inform LeasingPilot immediately.
11.2 The customer is obliged to treat all data, facts, and information, especially price and product information, confidentially and ensures compliance by its employees. The obligation of confidentiality continues even after the termination of this contract until the information to be treated confidentially is publicly known or has become known in another way than by a violation of confidentiality obligations. Disclosure of data, facts, and information to third parties is only permitted with the express prior written consent of LeasingPilot. The confidentiality obligation does not apply if there are legal obligations, e.g., in the context of tenders.
12. Limitation of Liability and Indemnification
12.1 LeasingPilot's liability under these Terms and Conditions is conclusively as follows:
12.2 LeasingPilot is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health.
12.3 In cases of slight negligence, LeasingPilot is liable for the breach of a material contractual obligation. A material contractual obligation in the sense of this clause is an obligation the fulfillment of which is essential for the execution of the contract and on the fulfillment of which the contractual partner may regularly rely.
12.4 The liability according to clause 13.3 is limited to the typical and foreseeable damage at the time of the conclusion of the contract.
12.5 The limitations of liability apply accordingly in favor of the employees, agents, and vicarious agents of LeasingPilot.
12.6 Any liability of LeasingPilot for data protection violations remains unaffected.
12.7 The customer indemnifies LeasingPilot from all claims by third parties and/or other parties made against LeasingPilot due to incorrect, incomplete, and/or unlawful data and/or unauthorized data transmission. This also includes cases where the customer has not sufficiently checked automatically completed data fields. The indemnification requires that a comparison or acknowledgment of third-party claims only occurs with the prior written consent of the customer.
13. Changes to these Terms and Conditions and the Contractually Agreed Services
13.1 LeasingPilot may change these Terms and Conditions if this is necessary to adapt to developments that were not foreseeable at the time of the conclusion of the contract and which LeasingPilot did not cause or cannot influence and the non-consideration of which would significantly disturb the balance of the contractual relationship and if this does not affect essential provisions of the contractual relationship. Essential provisions are those concerning the type and scope of the contractually agreed services and the term, including the provisions on termination ("contractually agreed services").
13.2 Furthermore, these Terms and Conditions can be adjusted if this is necessary to eliminate not insignificant difficulties in the execution of the contract due to regulatory gaps that arose after the conclusion of the contract. This may be the case, in particular, if the case law of the highest courts on the effectiveness of provisions of these Terms and Conditions changes if one or more provisions of these Terms and Conditions are declared ineffective by case law, or if a change in the law leads to the ineffectiveness of one or more provisions of these Terms and Conditions.
13.3 LeasingPilot may only change the contractually agreed services if and insofar as this is necessary for a valid reason that was not foreseeable at the time of the conclusion of the contract and if this change does not shift the ratio of performance and consideration to the detriment of the customer, so that the change is reasonable for the customer. A valid reason exists if new technical developments require a change in performance because LeasingPilot can no longer provide the service in the previously contractually agreed form, or if newly enacted or amended legal or other official requirements or a change in the case law of the highest courts require a change in performance.
13.4 LeasingPilot will notify the customer of changes to these Terms and Conditions or the contractually agreed services, if possible, at least six weeks before their planned effective date in text form. Changes to these Terms and Conditions or the contractually agreed services are deemed approved if the customer does not object to them before they become effective. LeasingPilot will specifically point out this legal consequence in the notification of change.
13.5 The customer has the right to terminate the contract without notice at the time the changes take effect in text form (e.g., by letter or email) if changes to the contractually agreed services are not exclusively in his favor.
14. Data Protection
The consulting and/or brokerage service is carried out using automatic data processing. The customer hereby expressly agrees to the processing of data that has become known to LeasingPilot within the framework of contractual relationships and is necessary for order processing. The customer also agrees that LeasingPilot may share or use the data obtained from the business relationship with him for business purposes of LeasingPilot with its vicarious agents or advisors and forward it to providers.
15. Miscellaneous
15.1 The law of the Federal Republic of Germany applies to these Terms and Conditions.
15.2 Leverkusen is agreed as the exclusive - also international - jurisdiction for all disputes arising from or in connection with these conditions.
15.3 Any translations into other languages are for comprehension only and are legally non-binding.
15.4 If individual provisions of this contract are wholly or partially contrary to mandatory law or are otherwise null and void or ineffective, the remaining provisions remain unaffected.
Date: September 1, 2023
