General Terms and Conditions
of app2drive Deutschland GmbH & Co. KG, Wermbachstr. 14, 63739 Aschaffenburg
These General Terms and Conditions (GTC) govern the business relationship between app2drive Deutschland GmbH & Co. KG (“app2drive”) and natural persons who make use of app2drive’s vehicle rental services on the basis of a membership as well as individual rental agreements with app2drive (“users”).
- Right to book and use a vehicle; driving licence
2.1 To be authorised to book and use a vehicle, users must
- have registered with app2drive by providing their personal details, and become an app2drive member,
- have undergone an one-off verification on app2drive website,
- be at least 19 years old,
- have held a driving licence for motor vehicles, which is valid in Germany and fulfils the applicable conditions and requirements, for at least one year without interruption.
2.2 The user must carry their driving licence during each journey.
2.3 The right to book and use vehicles shall expire if the user’s driving licence is revoked or if the user is subject to a driving ban imposed by a court or authority, or if the user’s driving licence has been temporarily withdrawn. The user is obliged to immediately report any revocation or (temporary) withdrawal of their driving licence, or the imposition of a driving ban, to app2drive via its hotline (+80 00 111 2 333) or by sending an email to firstname.lastname@example.org.
2.4 The user is prohibited from allowing other persons who have not registered and been verified to drive the vehicle.
- Bookings; cancellations
3.1 The following information must be specified when booking:
- the desired vehicle type,
- the date and time of the start of the journey,
- date and time when the journey is expected to end,
- the planned location where the vehicle will be rented and returned.
3.2 app2drive will send the user a booking confirmation without delay to the email address provided during registration. app2drive is entitled to refuse a booking if there are not enough app2drive vehicles available to fulfil booking requests or the booking is not possible for other system-related reasons. In such a case, app2drive will also notify the user that the booking request has been refused.
3.3 If a booking is cancelled after the start of the rental period, the user will be charged the fee according to the agreed usage tariff.
3.4 The booking – and thus the billable period – depend on the time reserved by the user, regardless of whether the user is actually using the vehicle. The user will be charged until they end the journey or the booking.
3.5 The maximum rental period per rental agreement is 180 days.
- Vehicle damage and defects; checking the vehicle before use
4.1 Before starting the journey, the user is obliged to check the vehicle to make sure that it is clean and free from any defects or damage. The user must also first ensure that the vehicle is roadworthy, particularly by visually inspecting the tyres.
4.2 The user must document any obvious damage or defects and report them via the hotline (+80 00 111 2 333) or by sending an email to email@example.com.
4.3 The user is obliged to provide comprehensive, complete and truthful information about obvious defects and damage. app2drive reserves the right to deny use of the vehicle if there appears to be a risk to the safety of the journey.
4.4 app2drive does not provide accessories such as child seats, ski racks, snow chains or roof boxes.
- Use and handling of vehicles
5.1 The user must handle the vehicle with due care and use it in accordance with the instructions in the vehicle manual, the operating instructions, the vehicle documentation and the manufacturer’s specifications.
5.2 The user is obliged to secure the vehicle against theft (all doors, windows and the sunroof must be locked when leaving the vehicle).
5.3 The user must comply with the road traffic regulations when driving in public.
5.4 It is not permitted to use the vehicle for the following purposes:
- motor racing, especially events involving driving at maximum speed,
- road safety training or vehicle tests and off-road driving,
- commercial and/or paid carriage of passengers and any other commercial transportation of persons,
- rental to third parties,
- committing crimes,
- carrying flammable, toxic or otherwise hazardous substances,
- transporting objects whose shape, size or weight may pose a hazard when driving or damage the interior of the vehicle,
- towing vehicles, trailers or other objects,
- transporting animals, unless they carried are in a transport box kept in the boot of the vehicle.
5.5 It is also prohibited
- to drive the vehicle under the influence of medication if this could impair the user’s fitness to drive, and to drive the vehicle under the influence of drugs or alcohol,
- to carry children or infants without the necessary child seat(s). The relevant instructions must be strictly observed when fitting such equipment,
- to smoke or allow passengers to smoke inside an app2drive
5.6 Any use of the vehicle in contravention of the foregoing stipulations shall entitle app2drive to refuse booking requests from the user in future.
5.7 One-way rentals of app2drive vehicles are permitted provided this was specified when booking. If the vehicle is returned in the wrong place, then the user will be charged the cost of returning the car in accordance with the price list.
After use, the user must return the vehicle to a designated app2drive station.
- Refuelling; contractual penalty for improper use
The user must return the vehicle with the same fuel level as at the start of their journey. If this does not take place, we refer to the bonus-malus rules in accordance with the price list.
- Liability of app2drive
7.1 app2drive shall only be liable for gross negligence and intent, as well as for the breach of essential contractual obligations whose fulfilment makes possible the correct performance of the contract in the first place and on compliance with which the user may regularly rely (“cardinal obligations”). In the event of a slightly negligent breach of such a cardinal obligation, the liability of app2drive shall be limited to damage typical of this type of contract foreseeable at the time of contract conclusion. The same applies to the liability of app2drive’s employees, representatives, and parties it uses to perform its obligations.
7.2 The limitations or exclusions of liability shall not apply in the event of fraudulent concealment of defects, the assumption of a guarantee, liability under the German Product Liability Act, or personal injury (injury to life, limb or health).
- Liability of the user, insurance cover and user’s excess payable
8.1 The rental price includes motor vehicle liability insurance at least to the extent prescribed by law. However, this does not cover injuries to occupants, or damage to the rental car itself or to the items inside or on it.
8.2 In accordance with the statutory rules on liability, the user shall be fully liable for any damage caused by culpable conduct, in particular for damage to the rental car, damage arising from loss of the rental car and from consequential loss, as well as for any damage caused as a result of a culpable breach of the GTC. If the user allows a third party to use the vehicle, the user shall be liable for any damage caused by this third party when using the rental vehicle, unless the damage would have occurred anyway.
8.3 The user’s liability is limited to a level equivalent to a comprehensive vehicle insurance policy (fully comprehensive insurance with excess). In the event of accidental damage, app2drive shall only make claims against the user up to the agreed excess payable per incident (the excess payable per claim is specified in the respective tariff information), and shall otherwise indemnify the user. Accidental damage is that which is caused by an incident where a direct, sudden mechanical force acts on the insured vehicle. In particular, accidental damage does not include damage resulting from braking or operating the vehicle, or simple breakage. For damage caused intentionally, the user shall be neither insured nor protected by a limitation of liability.
8.4 If the user causes damage as a result of grossly negligent conduct, app2drive shall be entitled to assert a claim against the user over and above the agreed excess payable, albeit only in accordance with the severity of the fault. This shall also apply in the event that the user has violated an obligation under these GTC as a result of grossly negligent conduct, insofar as such violation is the cause of the damage.
8.5 The user shall be fully liable for any legal infringements they commit, in particular for infringements of road traffic and administrative regulations when using and parking the vehicle. The user undertakes to indemnify app2drive against all fines and penalties, fees, costs and other expenses imposed on app2drive by authorities or other bodies as a result of the aforementioned infringements.
- Obligations in the event of accidents, damage, theft, destruction or other loss of the vehicle
9.1 Accidents, damage, theft, destruction and other loss of the vehicle must be reported to app2drive immediately via the hotline (+80 00 111 2 333).
9.2 The user is obliged to ensure that all necessary measures are taken to minimise damage and preserve evidence. For this purpose, the user must immediately report any damage to the police.
- Provisions on travelling abroad
10.1 The user is permitted to travel to Austria, Switzerland, France, Italy, Spain, Portugal, Belgium, the Netherlands, Luxembourg, Ireland, Great Britain, Croatia, Denmark, Sweden, Norway, Finland, Vatican City, Monaco, San Marino and Liechtenstein.
10.2 The user is prohibited from entering any other country with the vehicle.
- End of individual rental agreements; returning the vehicle
11.1 The user ends the individual rental agreement by parking the vehicle at an app2drive station and ending the booking. All costs incurred as a result of a parking offence shall be borne by the user.
11.2 The user undertakes not to end the individual rental agreement on a private or company parking space, unless the parking space is a designated app2drive parking space. This prohibition applies in particular to customer parking spaces at shopping centres and supermarkets. The app2drive vehicle must be accessible at all times.
11.3 Should it be necessary to move the vehicle because the user parked it in violation of applicable road traffic or administrative regulations, then if the user is to blame then they shall bear the costs for moving the vehicle.
11.4 Should the user’s attempt to end the rental fail, the user shall be obliged to repark the vehicle in such a manner as to ensure the required mobile telephone connection for the cancellation process. If the rental agreement is not properly terminated, the rental agreement shall continue and the user shall continue to be charged for using the vehicle.
11.5 If it is not possible to terminate the rental due to technical problems, then the user shall be obliged to contact app2drive’s technical support via the hotline (+80 00 111 2 333) to discuss how to proceed. If the user is not responsible for the failure to terminate the individual rental agreement, the user shall incur no further costs.
11.6 The vehicle interior must be clean when the vehicle is returned. If the vehicle is returned in a heavily soiled condition or if there is waste of any kind inside the app2drive vehicle, the user shall be required to bear the costs of cleaning in accordance with the current price list.
11.7 The vehicle must be returned with all of the documents and accessories provided.
11.8 The user shall be charged for any missing equipment and accessories, including but not limited to the warning triangle, electrical charging cables, first aid kit, cigarette lighter, and the on-board folder.
11.9 The user shall receive confirmation from app2drive of the successful completion of the rental process.
11.10 If the user has not successfully completed the current rental process at this point in time, the user shall receive a reminder email from app2drive at the end of the planned rental period. It shall then be up to the user to decide whether they wish to end or continue the rental process.
- Fees and payment terms
12.1 app2drive charges the user fees for using the vehicle in accordance with the price list valid at the time of booking. The current price list will be communicated to the user prior to booking and can be viewed on the app2drive website. The user must find out about the current prices prior to each individual rental agreement concluded with app2drive. By concluding the individual rental agreement, the user expressly acknowledges the current prices.
12.2 The rental price includes the statutory value-added tax and is due after termination of the rental agreement. The user can pay by direct debit or credit card.
12.3 Invoices are sent automatically by email no later than 10 days after termination of the individual rental agreement.
12.4 In the event of default, the user shall owe the default rates of interest and any processing fees in accordance with the provisions of the current price list.
12.5 The user authorises app2drive to also charge them, via the payment method they provided when concluding the framework agreement, for all subsequent individual rental agreements as well as any other fees owed by the user from or in connection with the rental (e.g. registration fee, lump-sum expenses in the event of infringements of traffic regulations, contractual penalties, etc.).
- SCHUFA clause
The provider reserves the right to provide SCHUFA GmbH with data on the acceptance and termination of the customer contract and to receive information about the customer from SCHUFA GmbH or another credit agency. Irrespective of this, the provider will also transmit data to SCHUFA GmbH about conduct which is in breach of the contract. Pursuant to the General Data Protection Regulation, these notifications may only be made where this is permissible after considering all the interests of the parties involved.
- Costs for extraordinary administrative expenses and service call-outs
14.1 As compensation for the administrative expenses incurred by app2drive for processing enquiries received by app2drive from prosecuting authorities in their investigation of administrative and criminal offences committed during the rental period, app2drive shall receive a lump sum – as detailed in the price list valid at the time of rental – for each incident for which the user is responsible. In such cases, the user shall be entitled to prove that app2drive suffered less or no damage.
14.2 If the user causes a service call-out, or other necessary expenses or measures on the part of app2drive, because of a failure to operate the vehicle or access technology correctly, or due to non-compliance with the rules of use and information obligations under these GTC, the user shall be invoiced for the costs in accordance with the price list, unless the user proves that app2drive incurred no or lesser expenses.
14.3 app2drive may assert further claims for damages if app2drive proves that the damage is higher than specified in the current price list.
- Term of framework agreements; amendment and termination
The app2drive framework agreements are concluded for an indefinite period, with a minimum term of twelve months, and can be terminated by either party with a notice period in accordance with the tariff conditions. Notice of termination must be given in writing. This shall not affect the right of the contractual parties to extraordinary termination of the app2drive framework agreement, in particular due to serious breaches of contract.
16.1 Any set-off against counterclaims on the part of the user, or the withholding of payments due to such claims, shall only be permitted where the counterclaims are undisputed, ready to be decided on or legally binding.
16.2 This prohibition of set-off does not apply to counterclaims of a consumer which are legally related to the user’s rights in respect of defects.
- Amendments to these GTC
17.1 app2drive is entitled to amend the GTC for future individual rental agreements. The current version is always available on the app2drive website and/or will be communicated to the user prior to booking. Amendments to the GTC which affect users are permissible if the amendments are reasonable for the user, especially because they are minor and objectively justified.
17.2 The user shall have the right to object in writing to the amendments to the GTC within one month of receipt of the notification of the amendments. Otherwise, the amended GTC shall be deemed accepted by the user. Prior to the start of this objection period, app2drive will inform the user separately by email of this right to object, also pointing out the legal consequences of the user not objecting.
- Contact details of the user
The user is obliged to inform app2drive of any amendments to the contact data provided during registration, in particular their address, email address, mobile phone number and payment details. In the event of a culpable violation of this obligation, the user shall be liable in particular for damage and consequential damage resulting from outdated and incorrect or erroneous data.
- Applicable law and place of jurisdiction
19.1 Membership, individual rental agreements including these General Terms and Conditions, and all related issues are subject exclusively to German law, excluding the referral standards under private international law.
19.2 The place of jurisdiction for all disputes arising from or in connection with membership of app2drive or the individual rental contracts, including the General Terms and Conditions – including actions relating to bills of exchange or cheques – is Frankfurt am Main, provided that the user is a merchant or has no general place of jurisdiction in Germany. However, app2drive reserves the right to sue the user at their general place of jurisdiction. This does not affect statutory regulations on sole jurisdictions.
- General provisions
20.2 The invalidity of individual provisions shall not affect the validity of the remaining provisions of membership, the General Terms and Conditions and the individual rental agreements. The parties shall replace the wholly or partially invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision.
Last amended in April 2019.