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General Terms and Conditions

app2drive Deutschland GmbH & Co. KG, Wermbachstraße 14, 63739 Aschaffenburg

  1. Objective
    These General Terms and Conditions outline the business relationship between app2drive Deutschland GmbH & Co. KG („app2drive“) and individual persons (in the following called “Users“) who want to rent a car based on a membership as well on single rental agreements.
  2. Right to reserve and drive a vehicle, driver’s license
    2.1 Following conditions must be met before users are entitled to reserve and drive a car. A user has to be …
  • registered with personal contact data and established a membership contract with app2drive,
  • identified himself at one of app2drive’s service points,
  • a minimum age of 19 years,
  • holder of a valid driver license for a minimum period of one year without interruption, valid in Germany and comply with required rules and regulations,

2.2 The driver’s license must be carried along at each rental car journey.

2.3 The authorization to reserve and drive a vehicle ceases, if the user’s driver’s license is revoked or if there are court proceedings against the user, or the user’s license has been termporarily suspended. The user is obliged to inform app2drive of the temporary or permanent suspension of his driver’s license by contacting the hotline: +8000 111 2 333 or via E-Mail info@app2drive.com.

2.4 The user is not authorized to leave the car to another person, unless this person has got a valid registration and verification with app2drive himself.

  1. app2drive Clubcard: Usage, storage and liability
    3.1 Upon completion of the membership contract with app2drive, each customer receives a clubcard.

3.2 app2drive remains owner of each issued clubcard and the user is requested to take good care of it. It is not allowed to pass the clubcard on to others. Loss, damage or destruction of the clubcard must be communicated to app2drive immediately.

3.3 If app2drive has to issue a new clubcard, the user will be charged a fee in accordance with the applicable price list, valid at the time of reservation of the vehicle.

3.4 In case of violation against the customer due diligence requirements, the user will be held liable for all damages according to the local law. This is particularly true, if theft or misuse of app2drive’s vehicles occured. Furthermore, the user is liable for all damages which resulted due to the user’s neglect to inform app2drive in a timely manner of the loss of the clubcard, or passing the clubcard to another person.

  1. Reservations, cancellations
    Following data will have to be submitted during the reservation process:
  • requested type of vehicle,
  • start date and time of rental period,
  • expected end date and time of rental period,
  • location, where the vehicle will be returned.

Telephone bookings are possible through the hotline: +8000 111 2 333 (separate charges apply – see ‘Rates’).

4.1 app2drive will send a confirmation of reservation to the email address submitted during registration. app2drive reserves the right to deny a reservation request if not enough available vehicles are on hand or if the reservation is not feasible due to any other system related reasons. The user will be notified accordingly.

4.2 Reservations cancelled after the start of the rental period will result in full payment according to the agreed usage agreement.

4.3 The reservation and its calculation is based upon the confirmed reservation time that has been set by the user – regardless of whether the customer is using the car or not. The booking runs until the customer uses the function ‘End booking’ on app2drive‘s website www.app2drive.com or mobile app.

4.4 The maximum period of a single rental agreement is 180 days.

  1. Damages and deficiencies, Checking vehicles before driving
    5.1 Along with the confirmation of reservation the user will receive a vehicle condition report.

5.2 The user is obliged to check if the vehicle is clean and shows no damages before starting the journey. Also the roadworthiness and conditions of the tires must be checked.

5.3 Any noticable damages and defects, which are not recorded in the vehicle condition report must be reported to app2drive by the user either via hotline: +8000 111 2 333 or email info@app2drive.com.

5.4 The user is obliged to report truthfully, comprehensively and entirely all noticable damages and defects. app2drive is entitled to prohibit further use of the vehicle if there is a potential safety issue.

5.5 Accessories like child seats, ski holders, nonskid chains or roof luggage boxes will not be provided by app2drive.

  1. Usage and Handling of vehicles
    6.1 The user must take care of the vehicle and follow the directions given in the vehicle hand book and maintenance manuals, related documents and the manufacturer‘s guidelines.

6.2 The user is obliged to secure the vehicle against theft (doors, windows, sunroof must be closed when leaving the vehicle).

6.3 The user must adhere to the road traffic regulations when driving in public.

6.4 It is not permitted to use the vehicle for the following purposes:

  • motor sports events, especially if high speed is the goal,
  • safety training, test driving or driving off-road,
  • commercial use or transport of persons for commercial reasons,
  • rent the vehicle to third parties,
  • to commit crimes,
  • to transport flammable, toxic or otherwise dangerous materials,
  • to transport objects which are of such a size, form or weight that could provide a safety hazard or damage the interior of the vehicle,
  • to tow other vehicles, trailers or other objects,
  • to transport animals unless they are placed in a transportation box which is stored in the trunk.

6.5 Furthermore, it is prohibited:

  • to drive under the influence of medication, if this affects the fitness to drive. Also prohibited is driving under the influence of drugs or alcohol,
  • to transport children and babies without the necessary child‘s seat. The manufacturer‘s guidelines have to be closely observed when mounting the seat,
  • to smoke or allow others to smoke in an app2drive vehicle.

6.6 If the user does not comply with either of the above rules, app2drive is entitled to cancel the membership contract and deny any further reservation request by that user.

6.7 One-way rentals are possible as far as the user has selected this option during the reservation process. Otherwise the expenses for the return transport to the check-out mobility point, at least however EUR 150,- will be charged to the customer. The vehicle has to be returned to a designated app2drive station. One-Way usage is not possible for electric vehicles. Electric vehicles must be returned to the original check-out mobility point and be connected to the electric vehicle charging station.

  1. Fuel, fuel card, misuse and penalties
    7.1 If the fuel amount is less than one quarter of a full tank it is suggested that the user refuels the car. A list of cooperating petrol stations can be found on the flipside of the fuel card.

7.2 The user is obliged to use the fuel card soley for the gasoline, oil (as needed) or carwash for the vehicle rented by him. app2drive will take legal action in case of misuse. The user is committed to reimburse app2drive for any financial damages and also for necessary expenditures, in case of violating the fuel card usage rules.

  1. Electric vehicles
    8.1 Accidents with an electric vehicle must be reported to the local police/fire department immediately indicating that an elcetric vehicle is involved.

8.2 Driving of electric vehicles requires an increased attention towards other road users as electric cars do not make operating noise.

  1. Liability of app2drive
    9.1 app2drive is only liable for gross negligence and any intentional non-conformance (Kardinalpflicht) with the general contract rules, as expected and trusted upon by the user. Minor violations of contract result in a liability limited to foreseeable, contract relevant damages. Same applies for the liability of its employees, agents and other business partners.

9.2 Limitations of liability (see paragraph 9.1) do not apply when deficiencies are maliciously concealed, assumptions of guaranty for liabilities based on the German liability law (Produkthaftungsgesetz) as well as injuries to live, body or health.

  1. User’s liability, Insurance coverage and deductible amount
    10.1 Included in the rental fees is a liability insurance, with the minimum coverage as legally required. Not included is a passenger injury insurance nor insurance covering damages to the vehicle or objects in or mounted on top of the vehicle.

10.2 The user is fully liable according to the legal liability provisions for any damages resulting from culpable conduct. This is particularly true for damages to the car, loss or breakdown of the car as well as culpable violation of the General Terms and Condition. The user is liable for any damages resulting from allowing third persons to drive the vehicle unless the damages would have occurred anyway.

10.3 There is a limitation to the user’s liability which equates to a full coverage insurance (comprehensive coverage insurance including collision with deductable amount). For damages resulting from accidents, app2drive will hold the user responsible for the agreed-upon deductable amount (listed in the respective tariff) for each case of damage and indemnify him from other charges. Damages resulting from accidents are events where sudden mechanical powers hit the vehicle from the outside. Damages resulting from using brakes, by operation or breakings are not considered damages resulting from accidents. However, there is no insurance coverage or limited liability for damages deliberately induced by the user.

10.4 If the user caused damage by grossly negligent behaviour app2drive is entitled to get reimbursed from the user over and above the agreed upon deductable amount, but depending on the severity of the actual fault. This is particularly true, if the user seriously violated his obligations based on the General Terms and Conditions and those violations are the cause of the damages.

10.5 The user is fully liable when violating the law, especially traffic regulations and administrative offence while using and/or parking the vehicle. The user indemnifies app2drive from any penalities and monitary fines issued by officials or other governmental agencies.

  1. Duties in case of accidents, damages, theft, destruction or other devastation of the vehicle
    11.1 Accidents, damages, theft, destruction of other devastation of the vehicle must be reported immediately to the hotline: +8000 111 2 333.

11.2 The user is obliged to ensure that all efforts are made to reduct the risk of damage and to preserve evidence. For this reason the user must report each damage to the local police immediately.

  1. Border crossing regulations
    12.1 It is generally allowed to drive to Austria and Switzerland.

12.2 Up to vehicle category ‘xl – family cars’ journeys to France, Italy, Spain, Portugal, Belgium, Croatia, Netherlands, Luxemburg, Great Britain, Ireland, Denmark, Sweden and Norway are permitted.

12.3 Crossing the borders to any other country is absolutely not permitted.

  1. Termination of single rental agreements, return of vehicles
    13.1 The user terminates a single rental agreement by leaving the car at a designated app2drive station and using the function “End booking”. Fines resulting from parking violations are to be borne by the user.

13.2 The user can not orderly terminate a rental agreement by parking in private or company parking spaces, unless declared by app2drive. It is prohibited to leave the car at parking areas of shopping centers or supermarkets. The app2drive car must be publically accessible at all times.

13.3 Should the vehicle have to be removed, because the user parked in an neglectful, culpable manner which violates traffic laws, all costs in connection herewith will have to be borne by the user.

13.4 Should the termination of the rental agreement fail, the user is obliged to re-park the car, to reach mobile connection which is necessary to successfully terminate the agreement. If the agreement was not successfully terminated, it will remain valid and costs will continue to be charged.

13.5 Should the termination of the rental agreement be impossible for technical reasons, the user must call the technical helpline via the hotline: +8000 111 2 333 to discuss how to proceed. If the user is not responsible for the non-termination of the agreement, no further costs will be charged to the user.

13.6 Upon termination of the rental agreement a fuel amount sufficient for a 50 kilometer radius must remain in the car. The bord computer will display this information.

13.7 The vehicle must be in clean condition inside. Should it be untidy or contain waste/garbage, the user will be charged with the cleaning costs as stated in the current pricelist for app2drive cars.

13.8 Vehicle must be returned with all originally handed-over documents including gasoline charge card.

13.9 Missing accessories and belongings will be charged to the user, especially missing medical kids, breakdown triangle, charging cable for electric vehicles, cigarette lighters, board folder.

13.10 If an agreement has been successfully terminated the user will receive a respective confirmation from app2drive.

13.11 Should the user not have terminated the active rental agreement at the end of the reservation time, the user will receive a reminder email from app2drive within 24 hours. The user must then decide whether to terminate or continue this rental agreement.

  1. Fees and payment conditions
    14.1 app2drive issues final invoices for the rental use of their vehicles based on the most current pricelist as stated in the original rental agreement. The current pricelist will be provided to the user before reservation and can also be viewed on app2drive‘s website. The user must furthermore actively check the current pricelist for each single rental agreement. With the conclusion of a single rental agreement the user explicitly accepts the current pricelist.

14.2 The rental fee incl. applicable taxes is due at the end of the rental agreement. Payment can be made by one of the credit cards listed in the payment process.

14.3 The invoice will be sent automatically via email no later than 10 days after termination of the single rental agreement.

14.4 In case of default of payment the user owes the legally defined default interest and handling charges as described in the current pricelist.

14.5 The user empowers app2drive to use the payment data for future payments of charges, owed by the user due to or resulting from rental agreements (for example: registration fees, lump sum operating costs, penalties).

  1. SCHUFA clause

The provider reserves the right to transfer data concerning the conclusion and termination of the customer contract to SCHUFA GmbH and to receive information about the customer by SCHUFA GmbH or any other credit agency. Notwithstanding the above, the provider will as well transfer data about not conventionary behavior to SCHUFA GmbH. These reports may only take place according to Data Protection Act, if permitted after consideration of all involved interested parties.

  1. Unusual administrative expenditures and service tasks
    16.1 As compensation for administrative efforts, requested from app2drive by executives who investigate crimes or misdemeanor committed during the rental period, app2drive will charge a lump sum operating costs as specified in the pricelist applicable at the start of the rental agreement. The user may prove that a lesser damange or no damage has occured.

16.2 Should a service task or other necessary efforts or proceedings have to be performed by app2drive because the user did not take due care in handling the vehicle or the access procedures or did not respect the rules and regulations for the usage and communication duties according to the General Terms and Conditions, all costs based on the pricelist will be charged to the user, unless the user provides proof that there was no or only minor expenditures.

16.3 app2drive can ask for further compensation, if they provide proof that the damage is actually higher than stated in the pricelist.

  1. Duration, modification and termination of the framework contracts

The app2drive framework contracts are concluded for an indefinite period, with a minimum term of 12 month and may be terminated in writing by both parties with 4 weeks’ notice to the end of the quarter. The right of extraordinary termination of the app2drive framework contract, in particular due to serious contract violations, stays untouched for both contracting parties. With termination of the app2drive framework contract, access to the app2drive system will be disabled.

  1. Offset
    18.1 The user is permitted to offset counterclaims or retain payments to satisfy his claims only if the counter claims are unchallenged, ready to be decided or legally recognized.

18.2 This inadmissable offset does not include those users’ counterclaims which result from his legal warranty rights.

  1. Changes in General Terms and Conditions
    19.1 app2drive is entitled to change the terms and conditions for single rental agreements in the future. Changes are to be accepted, if they have small impact on the users or if they are factually necessary.

19.2 The user is entitled to object to the changes in the General Terms and Conditions in writing within one month. Otherwise, the changed General Terms and Conditions are considered accepted by the user. app2drive will inform the user via email prior to the start of this one month’s time limit of his/her rights to object and the legal consequences if failing to do so.

  1. Contact data of the user
    20.1 The user is obliged, to submit any changes of the contact data originally saved at the point of registration. Especially his postal address, email address, mobile number as well as his financial data. The user is liable for all damages and secondary damages resulting from the usage of incorrect or faulty data.

21.Note to data privacy policy
21.1 app2drive collects, processes and uses the submitted personal data including data describing usage, vehicles and to locate vehicles only, as far as necessary for app2drive to perform the contractual duties and in accordance with legal data privacy policies.

21.2 Single rental agreements contain start and target location, start and end times and the duration of usage. This will be reflected in the invoices as well

21.3 app2drive collects and uses date to be able to locate any particular vehicle at any time and to display available vehicles in the vehicle Google Maps API application (Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043). Google collects and uses data regarding the users using Google Maps functionality. For more details about Google’s data privacy policy please view www.google.com/privacypolicy.html and/or ‘Terms’ of Google Maps API in English at http://code.google.com/apis/maps/terms.html.

By usinge app2drive the user implicitly agrees to the Google Inc. usage conditions and to the Google Inc. data privacy policies.

  1. Applicable law and venue/place of court
    22.1 The membership, the single rental agreements including the respective General Terms and Conditions and all resulting issues are solely subject to German law exluding the reference provisions to private international law.

22.2 For business customers or those users who do not have a their general venue/place of court the relevant venue/place of court for all disagreements resulting from or being connected to the membership or the General Terms and Conditions – including ‘note and check related law suits’ – is Frankfurt/Main. app2drive reserves the right to file suits against the user at his/her general venue/place of court. Legal provisions about exclusive jurisdiction remain untouched.

23.General conditions
23.1 Contact language is German. Should third party usage conditions apply, the language applies, in which the Google Maps API usage conditions are originally published.

23.2 The ineffectiveness of individual terms and conditions does not have any impact on the validity of the membership, the General Terms and Conditions and single rental agreements. The term or condition which is wholly or partially invalid will be replaced by a new term or condition which comes closest to the economic target of the replaced one.

March 2018

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