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General terms and conditions rental

Car rental handover takes place at a CarVia rental station

CarVia GmbH

A: Condition of the vehicle, repairs, fuel

1. The lessee undertakes to treat the vehicle appropriately and with due care, to observe all the regulations and technical rules which apply to its use, especially to check regularly that the engine oil and water levels as well as the tire pressure are sufficient and to observe when vehicle services are due and to check regularly that the vehicle is in a roadworthy condition and to properly lock the vehicle. In the case of a convertible, the roof top must be closed. The lessor’s vehicles are non-smoking vehicles in principle.

2. The vehicle shall be handed over to the lessee with a full tank of fuel. Correspondingly, the lessee must return the vehicle at the end of the lease with a full tank of fuel. If the vehicle is not returned fully tanked, the lessor shall charge the lessee the fees for filling the vehicle and fuel in accordance with the rates applicable at the time of rental, unless the lessee proves that no or lower costs for filling incurred. An additional service charge of 15.00 EUR shall be due for this service.

If the vehicle is refueled with the wrong fuel, the customer shall be liable for the repair costs and any damage.

3. With rentals having a term of more than 27 days the lessee must bear the cost of procuring replenishment liquids (particularly engine oil, windscreen cleaner as well as antifreeze) up to an amount of 8% of the respective month’s (net) rental fee in the event that said liquids need to be replenished during the rental period.

B: Reservations, bookings

1. If the lessee has not collected the vehicle by no later than one hour after the agreed time there shall no longer be a binding reservation.

2. The maximum rental period for an online booking is 27 days. The lessee can cancel a booking before the rental begins. A cancellation is free of charge until up to one week (7 days) before the rental start. A cancellation or rebooking fee of 30 % of the rental price plus extras shall be due in case of a cancellation until up to one hour before the rental start. In the event that the booked vehicle is not collected or not collected within one hour after the agreed time the rental charge shall be due in full, unless the lessee proves that no or lower costs incurred for the lessor due to no collection. Cancellations can be made in writing and must be addressed to:

CarVia GmbH
Elisabethstrasse 44
D-80796 Munich
E-Mail: info@carvia.de

C: Documents to be presented when collecting the vehicle, authorized drivers, permitted drivers, travel abroad

1. When the vehicle is handed over the lessee must present a domestically valid driving license necessary for driving the vehicle, a valid means of payment as well as a personal identification card or passport. In the case of bookings made at the prepaid rates, the means of payment used at the time of booking must be presented. If the lessee is unable to present said documents when the vehicle is handed over, the lessor will cancel the rental contract; in any such cases the lessee shall have no claim for non-performance. Furthermore, the drivers must be older than the required age for the booked vehicle (an additional charge shall be charged for drivers under a certain age, depending on the vehicle) and the driving license must have been held for at least 2 years.

2. The vehicle may be driven only by the lessee or - in the case of corporate customers - by the driver named in the rental contract. If the vehicle is to be driven by persons other than the above-named person an additional charge shall be charged for each additional driver. The charges as applicable from time to time can be inspected on CarVia's website or can be asked for by telephone. When the vehicle is collected the original driving licenses of any additional drivers must be presented.

3. Corporate customers must check independently whether the authorized driver is in possession of a driver’s license which is still valid on the territory of the Federal Republic of Germany. They must use all means available to them to do this and must make the necessary enquiries.

4. The lessee shall be liable for the actions of the driver as if they were the lessee's own actions.

5. The vehicle may be used only on public roads, but not for driving school practice. The vehicle may only be used in accordance with statutory and official regulations and only in public road traffic; German Road Traffic Regulations (StVO) or corresponding regulations in other countries must be complied with at all times. The vehicle may not be used

- for the commercial transportation of persons,
- for renting to sub lessees,
- for committing criminal offences, even if said offences are punishable only under the law of the place where the offence is committed,
- for transporting easily inflammable, toxic or other hazardous substances.

6. Under no circumstances may the vehicle be used for motor sports purposes, in particular for events at which the attainment of a maximum speed is important, or for associated practice drives, even if such drives are authorised for the general public (for example, on race tracks such as the Nürburgring or Hockenheimring), as well as for vehicle tests or driving safety training. In the event of a violation of this prohibition, the lessor may demand a contractual penalty of EUR 2,500. The lessor reserves the right to claim further damages.

7. The 0.0‰ limit applies – driving under the influence of alcohol or other intoxicating substances is strictly prohibited.

8. The lessee is obliged to properly secure any goods carried.

9. Generally, rental vehicles may not be used abroad. A list of the countries in which the rental vehicles may be used can be asked for by telephone. In addition, the countries in which the rental vehicle concerned may be used are listed in the rental agreement form. Higher than usual levels of caution must be exercised when travelling outside of Germany, Austria and Switzerland to counter the increased risk of theft in those areas (e.g. parking only in guarded car parks, using steering wheel locks). Non-compliance may result in the lessor taking recourse against the customer in the event of damage.

10. Any violation or non-performance of a provision under sub-clauses 1, 2, 3, 5 or 7 above shall entitle CarVia to terminate the rental agreement without notice or to rescind the rental agreement. In any such event the lessee shall have no right to damages. This shall be without prejudice to any claim to damages that accrues to CarVia due to the breach of one of the provisions under sub-clauses 1, 2, 3, 5, 6, 7, 8 or 9 above.

D: Rental charge, additional charges

1. If the vehicle is not returned to the same rental office from which it was rented, the lessee shall be required to pay the cost of returning the vehicle or a one-way charge, unless otherwise agreed in writing.

2. The rental charge comprises a basic rental charge, charges for extra services and any location surcharges. The charges for extra services are particularly for additional kilometers, one-way charges, the costs of filling the vehicle and of fuel, service charges, tolls in case of sub-clause I.5, accessories/extras such as e.g. child seat, snow chains, navigation system etc., delivery and collection costs. Location surcharges will apply to the basic rental charge as well as the charges for any extra services. Special prices and price discounts apply only if payment is made when due.

3. For deliveries and collections, the delivery and collection charges agreed for this shall be charged.

4. The rental agreement will stipulate a specific station to which the vehicle must be returned at the end of the rental period. The rental will be considered one-way if the agreement stipulates a return to a station different from the one where the vehicle was collected. If the vehicle is delivered to a station other than the one stipulated in the one-way rental agreement, a corresponding fee will be agreed upon individually.

5. Additional charges:

- Late return, that is, more than 1 hour after the agreed return time: 1 additional daily rental charge for every 24 hours started; if the lessee is responsible: 1 additional daily rental charge for every 24 hours started plus 50 %
- Return fee: 250.00 EUR plus 2.50 per km
- Special cleaning: EUR 179.00
- Loss of key: EUR 950.00

E: Due date, electronic invoicing, payment terms, security (deposit), termination without notice because of default of payment, personal accident protection

1. The rental charge (plus any other charges agreed such as, e.g. exemptions from liability, delivery charges, airport charges etc.) plus value added tax in the statutory amount applicable from time to time must, as a matter of principle, be paid in full for the agreed rental period, i.e. if the vehicle is collected late or returned early there shall be no refund. The rental charge shall be due before the rental starts, at the latest when the lessee collects the vehicle.

2. The lessee agrees that the lessor’s invoices will generally be sent electronically to the invoice recipient given. The lessee complies with the procedure, that he will not receive paper invoices any longer. The lessee can object the consignation of electronic invoices at any time. In this case the lessor will perform paper-based invoicing to the lessee. The lessee is obliged to bear the additional costs for the paper-based consignment of the invoice and for the postage in that case. The lessee is responsible for being able to receive electronic invoices or, if agreed accordingly, to collect them electronically. The lessee is accountable for malfunctions of the receiving devices or any other circumstances that hinder the access to the invoices. An invoice is received as soon as it entered the lessee’s domain. If the lessor just sends a note and the lessee can retrieve the invoice by himself or if the lessor makes the invoice available for retrieval, the invoice is received when it was fetched by the lessee. The lessee is accountable for retrieving the provided invoices in reasonable intervals

3. At the start of the hire period, the customer must provide a security for the fulfilment of his obligations under the rental contract. The amount of the security shall be stated in the booking process as well as in the rental contract and depends on the car model. The security deposit shall also be charged to the customer's credit card. The lessor is not obliged to invest the security separately from its assets. The security shall not bear interest. The lessor can enforce its right to payment of security even a considerable time after commencement of the rental agreement.

4. Unless otherwise agreed, the rental charge, all other agreed charges and the security (deposit) shall be charged to the lessee's credit card. The credit card may still be debited up to six months after the return of the vehicle.

5. Instead of debiting the Customer’s credit card, the lessor can, by making a so-called merchant request in its favor, have a sum in the amount of the deposit frozen under the credit facility granted to the Customer by his credit card institution for his credit card.

6. If the lessee is in default of payment of the rental fee the lessor shall, even without prior warning, be entitled to terminate the lease agreement without notice. If the agreed rental period exceeds a period of 27 days and if the lessee is in default of either the whole or a not inconsiderable part of payment of the rental fee for the interval concerned, the lessor shall, even without prior warning, be entitled to terminate the lease agreement without notice because of default of payment.

7. If the returned vehicle has damages that occurred during the hire period, the customer is obliged to pay compensation (compensation in the form of restitution). The lessor is entitled to deduct the repair costs from the security deposit.

F: Insurance

1. The Insurance cover for the rented vehicle extends to a third party liability insurance with a maximum amount of cover for personal injuries and damage to property of EUR 100 million. The maximum amount of cover per injured person is EUR 8 million and is limited to Europe.

2. The insurance does not cover use of vehicles for the transportation of hazardous substances requiring a permit, as defined in Paragraph 7 of the Statutory Instrument on the Transportation of Hazardous Goods by Road (GefahrgutVStr.).

G: Accidents, theft, obligation to notify

1. After an accident, theft, fire, damage by wild animals or other damage, the lessee or the driver must without undue delay notify and call in the police; in particular, the lessee or driver must report the damage to the nearest police station if the police cannot be reached by telephone. This also applies if the rental vehicle was damaged only slightly and also in the case of accidents, which are the driver's own fault without third parties being involved.

2. If ever the vehicle is damaged during the rental period the lessee is obliged to notify the lessor by telephone as well as in writing and without undue delay of all of the details of the incident which led to the vehicle being damaged.

3. The lessee or driver must take all measures, which are expedient or conducive to clearing up the case of damage. This particularly includes them having to answer the lessor's questions concerning the circumstances of the case of damage truthfully and fully and them not being permitted to leave the scene of the accident until it has been possible to make the necessary findings and particularly the findings that are of importance to the lessor for assessing the damaging event or without allowing the lessor to make such findings.

4. The lessor reserves the right to track the rental vehicles with commercially available GPS tracking devices.

H: Lessor's Liability

1. The lessor shall be liable in accordance with the statutory provisions in the event of intent or gross negligence by the lessor, a representative or a vicarious agent. In all other cases the lessor shall be liable only for injury to life, body or health or for the intent or negligent breach of material contractual obligations. Any claim to damages due to the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract.

2. The lessor does not accept any liability whatsoever for property left in the rental vehicle upon its return; this limitation of liability does not apply in the event of intent or gross negligence by the lessor, a representative or vicarious agent.

I: Lessee's Liability

1. In the event of damage to the vehicle, loss of the vehicle, or breach of the rental contract, the lessee shall, in principle, be liable in accordance with the general rules governing liability. These do exempt the lessee and/or driver from any liability for breaches of contract for which they are not responsible.

2. The lessee may choose to exclude liability for any loss or damage of the lessor arising out of accidents, by paying a separate charge. Any such separate charge = a contractual exemption from liability which corresponds to the model of a fully comprehensive insurance (Vollkaskoversicherung). In that event the lessee and the drivers included in the scope of protection afforded by said contractual exemption from liability shall be liable for damage up to the amount of the agreed excess. There shall be no claim to a contractual exemption from liability if the damage was caused intentionally. If the damage was caused by gross negligence the lessor shall be entitled to reduce the exemption from liability pro rata in the proportion of the severity of the fault. There shall furthermore be no right to a contractual exemption from liability if an obligation to be performed by the lessee or driver, particularly under Clause G of these General Terms and Conditions of Rental, has been breached intentionally. In the event of a grossly negligent breach of an obligation to be performed by the lessee or driver the lessor shall be entitled to reduce its payment towards the exemption from liability pro rata in the proportion of the severity of the fault. In derogation from the provisions of the two preceding sentences the lessor shall be under an obligation to exempt from liability if the breach of the obligation was not causal for either the occurrence of the event giving rise to the exemption from liability or for the determination or the extent of the lessor's obligation to exempt from the liability; this does not apply if the obligation was breached with an intention to deceive. The contractual exemption from liability applies only for the rental period. The excess to be paid by the lessee, per claim, shall be determined by the options available and shall be displayed in the rental contract.

3. The lessee shall be liable without limitation for all traffic and administrative offences, all breaches of legal provisions as well as for any interference with possession committed by him or third parties to whom the lessee has left the car. The lessee shall indemnify the lessor against any and all penalty and warning fines, fees and other costs, levied by the authorities or other bodies from the lessor because of any such breaches. As compensation for the lessor's administrative costs incurred in handling enquiries put to it by the prosecution authorities or other third parties in order to investigate administrative offences, criminal offences or any nuisance committed during the rental period, the lessor shall receive from the lessee a flat-rate amount of EUR 25.00 (incl. VAT) for each such enquiry, unless the lessee proves that the lessor incurred lower costs and/or loss without prejudice to the right of the lessor to claim greater damages or loss.

4. Damage to brakes, damage caused during normal operation of the vehicle, and simple fracture damage do not constitute accident damage; this applies in particular to damage caused by the slippage of any goods carried.

5. The lessee, in using the toll roads, must provide for the timely and full payment of the toll. The lessee shall indemnify the lessor from all tolls caused by the former or by third parties to whom the lessee entrusts the vehicle.

6. These provisions apply not only to the lessee but also to the authorized driver, whereby, however, the contractual exemption from liability does not apply to unauthorized users of the rented vehicle.

J: Return of the vehicle

1. The rental contract shall end upon the expiry of the agreed rental term. If the lessee continues to use the vehicle after expiry of the agreed rental term, the rental shall not be deemed to have been extended. Paragraph 545 German Civil Code (BGB) shall not apply.

2. The lessee is obliged to return the vehicle to the lessor at the end of the rental period in the condition, at the time, and at the location agreed.

3. Smoking is not permitted in the vehicle and animals may not be carried, otherwise the lessor is entitled to demand a lump sum for cleaning in accordance with the fee schedule in clause D 5. A lump sum for cleaning is also due in the event of excessive soiling of the vehicle.

4. Special rental rates apply only within the period offered and presuppose that the rental period complies with the one agreed to at the time of rental. If said period is exceeded or curtailed, the normal rate, instead of the special rate, shall apply to the whole rental period.

5. In the event of any breach of the obligation to return the vehicle and there is more than one lessee, the lessees shall be jointly and severally liable.

6. If the lessee does not return the vehicle or its key(s) to the lessor after expiry of the agreed rental term, either culpably or not, the lessor shall be entitled to demand payment according to clause D 5. the right to assert further damages is not excluded.

7. If it is necessary to return the vehicle to the rental location, the lessor shall invoice the customer a return fee in accordance with the fee schedule in clause D 5., plus any further costs required (towing costs, travel to the vehicle location, fuel costs; overnight accommodation costs).

8. If the vehicle is not returned as agreed, the lessor expressly reserves the right to file a criminal complaint and to have the vehicle seized by the police.

K: Termination

1. The parties shall be entitled to terminate the rental contracts in accordance with the statutory provisions. The lessor may terminate the rental contracts extraordinarily for cause without notice. Such cause shall be deemed to include, alongside cases of clause C, in particular:

- considerable deterioration of lessee’s financial situation,
- dishonoured bank debits / cheques,
- enforcement measures aimed against the lessee,
- lack of care of the vehicle,
- improper and illegal use,
- disregard of the regulations governing the use of motor vehicles for road haulage,
- if it becomes unreasonable to expect the rental contract to be continued, e.g. owing to an excessive damage ratio.

2. If there is more than one rental contract in place between the lessor and the lessee, and if the lessor is entitled to terminate one of the contracts extraordinarily for cause without notice, the lessor shall also be entitled to terminate all other rental contracts extraordinarily without notice, provided the continuation of the other rental contracts is unacceptable due to the Lessee acting in bad faith. This shall be deemed to include, in particular:

- causing wilful damage to a rental vehicle,
- culpably concealing or trying to conceal damages to rental vehicles,
- causing wilful damage to the lessor,
- if the lessee is in arrears with his payments of at least one week’s rental by more than five working days from the due date,
- if the lessee uses a rental vehicle for or in conjunction with criminal actions.

3. If the lessor terminates a rental contract, the lessee shall be obliged to surrender the vehicles, together with all vehicle documents, all accessories and all vehicle keys, immediately to the lessor.

L: Lessee’s direct debit authorization

1. The lessee irrevocably authorizes the lessor as well as its collection agent to debit all car rental costs and all other claims in connection with the rental contract from the credit card presented at the time when the rental contract is concluded, from the credit card specified in the rental contract or from the credit card subsequently presented or additionally specified by the lessor.

M: Data protection clause

1. CarVia GmbH is the body responsible in the sense of the data protection law. The lessee's/driver's personal data is collected, processed and used by CarVia, or by a third party appointed locally by CarVia for the rental, for the purposes of establishing, fulfilling or terminating the Agreement. Any use for advertising purposes shall only be for the purposes of CarVia's own advertising (including advertising by way of recommendations). Said data shall be transmitted to other third parties only to the extent this is necessary for fulfilling the agreement, e.g. to the lessee's credit card company for the purposes of settlement the operator of the toll system and in case of paragraphs I.3. and I.5. to the appropriate authority or other body for direct regulation of such fees, costs, tolls or fines. Any further-reaching use shall need to be laid down in legislation or require consent.

2. Note in accordance with Paragraph 28(4) German Federal Data Protection Act ("BDSG"): The lessee/driver can at any time object to any processing or use of his data for the purposes of advertising or market research or opinion polls. The objection must be addressed to: CarVia GmbH, code word: "Objection", Elisabethstrasse 44, D-80796 Munich, or by e-mail to: info@carvia.de.

N: General Provisions

1. Only undisputed claims of the lessee or of an authorized driver, or claims of the lessee or of an authorized driver, which have become final and absolute, may be set off against claims of the lessor.

2. All rights and obligations arising out of this Agreement ensure to the benefit of and against the authorized driver.

3. If and insofar as no provision is contained in this Agreement, the regulations of the Insurance Contracts Act (Versichungsvertragsgesetz (VVG)) and the regulations of the General Conditions for Motor Vehicle Insurance (AKB 95) shall apply mutatis mutandis. This also applies to any ambiguities arising out of this Agreement.

4. The European Commission has set up a platform for the out-of-court online dispute resolution of consumer disputes at http://ec.europa.eu/consumers/odr/. CarVia GmbH does not participate in this process for alternative dispute resolution.

O: Place of jurisdiction, written form

1. There are no verbal side agreements.

2. If the lessee is a merchant ("Kaufmann"), a public-sector legal entity or a special body or fund under public law, the place of jurisdiction shall be Munich.

General terms and condition Carsharing

Rental car is rented via app independent of station

 

State 15.09.2023

Rental car is available via app, free-floating without a station

A: Rental CarVia Share

  1. The chargeable rental period begins by the lessee via the app when the car is opened and thus made accessible. The car can be rented for up to 31 days, after that the rental must be terminated. Despite § 545 BGB, the rental relationship does not continue even if the tenant continues to use the car. § 545 of the BGB therefore does not apply.

 

  1. The lessee is obliged to ensure that making the car accessible does not enable a third person to drive the car.

 

  1. The lessee is obliged to check the condition of the car every time he rents it and to compare any visible damage with the damage already noted. Previous damages are documented in the app. If damage has not yet been reported, it must be reported immediately.

 

  1. If the rental has been arranged through a partner, CarVia becomes the contractual partner of the lessee. Furthermore, the GTC of the partner apply additionally.

 

B: End of rental, Additional charges, Data from navigation and infotainment systems

 

  1. The termination of the rental and the successful return associated with it is possible within the CarVia Share business area. In addition, the return outside the business area is also possible in a separate drop-off zone. Additional fees will be charged in the separate drop-off zone. It is not possible to return the vehicle outside the business area or the separate drop-off zone. The business area or the separate zone can be seen in the app.

 

  1. The car must be parked in a free parking space on public roads for the proper termination of the rental in the business area or the separate drop-off zone and locked again via app. In the event of an attempt to return the rental car in no designated business area, the renter will be notified of the impossibility of returning the car accordingly. In case of an emergency, CarVia Share Support must be contacted to allow for an extraordinary termination or to find another solution.

 

  1. Within the defined business area, the lessee may only park the vehicle in areas with a day or time-related restriction on parking authorisation (e.g. no-stopping zones with additional signs such as "7:00 a.m. - 5:00 p.m." or "Monday 6:00 a.m. - 12:00 a.m.") if the restriction only takes effect 48 hours after the vehicle has been parked. This also applies to traffic bans, such as temporary parking bans due to events or movings.

 

  1. If the lessee fulfils all the requirements for ending the rental, but the rental still cannot be ended via the app, the lessee is obliged to contact the service hotline in order to find a solution.

 

  1. The car must be parked properly. This means that the windows, sunroof, soft top and doors must be closed and the lights must be switched off or in the "auto" setting. The following applies in particular:

 

If the lessee parks the vehicle in an authorised parking space within the business area or the separate drop-off zone, the vehicle key, if a key is available, must be inserted in the vehicle in the key holder provided for this purpose (usually in the glove box) and the glove box must be closed again. In the case of keyless-go cars, without a vehicle key, the separate return to the key holder does not need to be observed. The vehicle must then be locked using the app. Outside the business area or the separate drop-off zone and in all other special cases, the lessee has the option of locking the vehicle using the P-mode. In this case, the rental is not ended. When ending the rental outside the business area, the renter must follow the instructions of the CarVia service staff.

 

In any case, the lessee must ensure that the car is properly locked before leaving the car. The lessee must remove all objects brought into the vehicle which are not the property of CarVia. In addition, the car must be returned with all documents left in the car, including the equipment that was in the car when the rental started.

 

  1. When the lessee's mobile phone is paired with the car, e.g. via Bluetooth, data may be transferred to the infotainment system and stored. The lessee's usage data may also be stored by the car when using the navigation system. If the lessee does not want this data to be available after the rental or to be visible to other lessees, the lessee must delete it independently in the infotainment system of the car. This can be done, for example, by resetting the infotainment system to the default settings. CarVia is not obliged to delete the data.

 

  1. The minimum remaining range when returning the car must be at least 15 km, regardless of engine (electric or petrol). If this is not the case, the lessee must cover the consequential costs, e.g. by forced towing or other transport. In addition, the lessee is liable for the resulting breakdown costs, unless the lessee can prove that the costs were not incurred or were not incurred in the amount.

 

  1. If the lessee does not return the car after the expiry of the maximum rental period (see section 1), CarVia is entitled to demand compensation for usage in the amount of 100.00€ per day for the duration of the withholding in addition to the payment sum applicable according to the rate. This also applies if the failure to return the vehicle is not the fault of the lessee. Claiming damage compensation is not excluded by this.

 

 

C: Rental price due date, digital invoicing, conditions for payments, deposits (security deposits) and forwarding of the claim (assignment to debt collection companies)

 

  1. CarVia invoices are only sent digitally in order to protect the environment. The lessee agrees to this. The digital invoice will be sent to the e-mail address provided by the customer in the customer's profile and complies with all legal requirements. Should the lessee nevertheless wish to receive a printed invoice, the customer must indicate this and bear the additional costs (postage & paper costs).

 

  1. The processing of the payment methods credit card payment and SEPA direct debit is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), under the terms and conditions of use of Stripe, which can be viewed at https://stripe.com/de/terms, to which the Seller assigns its payment claim. Stripe collects the invoice amount from the customer's specified credit card account or bank account. In the event of assignment, payment can only be made to Stripe with debt-discharging effect. The credit card will be charged immediately according to the rules of invoicing at CarVia or at the latest after 2 days of receiving the invoice by SEPA direct debit. Even if the payment method credit card payment, SEPA direct debit via Stripe is selected, the seller remains responsible for general customer enquiries, e.g. regarding use, complaints, revocation declarations and or credit notes.

 

Payment by direct debit can only be made from a private individual's account. However, payment via a business current account is not possible.

 

The lessee may demand reimbursement of the debited amount within eight weeks, beginning with the debit date. The conditions agreed with the lessee's financial institution shall apply. Due claims remain valid in this case even in the event of a return debit note. Further information can be found at https://stripe.com/de/contact.

 

Payments via the direct debit method require, among other things, a successful identity and credit check by Stripe Payments Europe, Ltd. and an IBAN and BIC-capable private current account. After a successful credit check, payment by direct debit will be permitted; this can only be made to Stripe Payments Europe, Ltd. with debt-discharging effect. The General Terms and Conditions https://stripe.com/de/privacy/ of Stripe Payments Europe, Ltd. apply.

 

In the event of a return debit note (due to expiry of the current account or unauthorised rejection by the account holder), the lessee authorises Stripe Payments Europe, Ltd. to re-submit the debit note for the respective due payment obligation. In such a case, the lessee bears the costs arising from the return debit note. Further claims are subject to reservation. Due to the high costs of return debit notes and in order to avoid further processing fees, we kindly ask you not to object to the direct debit in case of revocation, withdrawal or complaint. After consultation with CarVia Support, the reversal of the payment in such a case can gladly take place by re-transfer of the corresponding amount or by credit note.

 

  1. The lessee must pay a deposit at the beginning of the rental period or already at the time of registration as security for the fulfillment of his obligations. The amount of the deposit depends on the expected amount of the rental price. If no expected rental price is fixed at the beginning of the rental period, a deposit must be paid in accordance with the price list (Available at https://www.carvia.de/share/tarife/gebuehren/). If this amount is exceeded by the costs of use arising, the deposit fixed at the beginning of the rental period will be adjusted. If this new deposit is not paid, CarVia is entitled to terminate the rental contract without notice or to cancel the rental contract. In this case, the lessee is liable for all costs (e.g. for the acquisition of a second key, the costs for an on-site service and/or the return of the vehicle) incurred as a result of the termination or cancellation. Claims for compensation by the lessee are excluded in such a case. CarVia is not obliged to invest the security separately from its assets. No interest is paid on the security. CarVia may claim security for a longer period of time after the beginning of the rental relationship.

 

  1. CarVia can, as an alternative to charging the lessee's credit card, have an amount equal to the deposit frozen/blocked in favour of CarVia from the credit line granted to the lessee by his credit card company for his credit card within the framework of a so-called merchant request.

 

  1. Unless otherwise agreed, the rent, all other charges and the deposit (security deposit) shall be debited via the lessee's selected means of payment.

 

  1. The lessee agrees that CarVia may sell or assign claims against the lessee to third parties at any time. In this case, the affected lessee will be informed of the assignment. After the assignment of the claim, the lessee may only make payment to the assignee with debt-discharging effect.

 

  1. To protect against payment defaults and to prevent misuse, the customer authorises CarVia GmbH to carry out credit checks and enquiries with credit agencies.

 

D: Security of access data, obligation to update residence and registration address, immediate reporting of revocation of driving license

 

  1. The lessee sets a password for the use of digital services within the app, which the lessee is not allowed to pass on to third parties and must adequately protect against access by third parties. This password allows full access to the app and all functions such as opening cars. The login data and password may not be disclosed to third parties (including family and household members).

 

  1. The lessee must prove the existence of his/her driving license when registering on the app and must carry it with him/her each time the lessee rents a car; furthermore, the lessee must confirm this in the app each time before starting a trip. CarVia may also periodically request the lessee to provide proof of a current driving license.

 

  1. The lessee must immediately notify CarVia of the revocation of the driving license as well as of all circumstances restricting the driving license (e.g. restriction of the driving license, temporary seizure or confiscation of the driving license or a judicial or official driving ban) by telephone at: +49 89 954 573 641 and by e-mail at: support@carvia.de. Withdrawal of the driving license or the occurrence of other circumstances restricting the driving license strictly prohibits the use of the app for renting cars. Upon the occurrence of one of the above-mentioned circumstances, the right to drive a rented car ends or is suspended immediately. As soon as the renter regains the driving license, he can reactivate his account with the proof of the driving license in the app.

 

E: Permitted uses, trips outside Germany

 

  1. The car is only allowed to be driven by the lessee. Additional drivers, as is the case with traditional rentals, are not permitted.

 

  1. The vehicle may be used only on public roads, but not for driving school practice. The vehicle may only be used in accordance with statutory and official regulations and only in public road traffic; German Road Traffic Regulations (StVO) or corresponding regulations in other countries must be complied with at all times. The vehicle may not be used

- for the commercial transportation of persons,
- for renting to sub lessees,
- for committing criminal offences, even if said offences are punishable only under the law of the place where the offence is committed,
- for transporting easily inflammable, toxic or other hazardous substances,

- for the carriage of children up to the age of 12 who are smaller than 150 cm, if no suitable and age-appropriate approved restraint systems (baby car seat, child seat, booster seat) are used for the children (all manufacturer's instructions for the installation and removal of child restraint systems must be followed).

 

The lessee is also prohibited that the vehicle

  • is grossly soiled or left with waste of any kind.,
  • is smoked in or that passengers are allowed to smoke in the vehicle,
  • is returned without accessories of the vehicle (e.g. safety waistcoat, first aid kit, etc.).,
  • deactivates the passenger airbag, unless this is done to protect children or infants transported using a booster seat or to comply with safety instructions, when using a baby car seat. The passenger airbag must be reactivated at the end of use. Failure to do so may result in personal injury being charged to the responsible lessee.

 

  1. Under no circumstances may the vehicle be used for motor sports purposes, in particular for events at which the attainment of a maximum speed is important, or for associated practice drives, even if such drives are authorised for the general public (for example, on race tracks such as the Nürburgring or Hockenheimring), as well as for vehicle tests or driving safety training. In the event of a violation of this prohibition, the lessor may demand a contractual penalty of EUR 2,500. The lessor reserves the right to claim further damages.

 

  1. Cargo must be secured in a legal and orderly way by the lessee.

 

  1. The lessee agrees to comply with the local parking regulations that apply to his business area or drop-off zones. The lessee is himself responsible for parking outside the business area while the vehicle is still being rented.

 

  1. With the CarVia-Share fleet, foreign trips are allowed to the countries of Austria, Switzerland, Liechtenstein, Italy and France. For every breach of the above mentioned regulation the lessee is obliged to pay a contractual penalty amounting to the sum shown on the price list. In addition to the payment of the contractual penalty, CarVia may also claim further damage compensation. In such a case, the claim for a contractual penalty will be set off with a claim for further damages arising from the same breach of duty. The vehicle must be returned in the country where the rental was made. If this is not possible, further costs will be incurred at the lessee's expense.

 

  1. Any violation or non-performance of one of the provisions according to the above clauses of this section entitles CarVia to terminate the rental contract without notice or to withdraw from the rental contract. In this case, claims for compensation by the lessee are excluded. The claim for compensation of the damage incurred by CarVia due to the violation of one of the provisions according to the above clauses of this section remains unaffected.

 

F: Condition of the car, equipment and warnings, refuelling/charging

 

  1. The lessee is obligated to handle the vehicle with care and in a proper manner, as well as to observe all regulations and technical rules relevant to its use (e.g. not to drive the vehicle with too low or high an engine oil level, cooling water level and or tyre pressure) and to regularly check whether the vehicle is in a roadworthy condition. This also applies to the proper return of the car and locking it when parking or leaving it. All cars in the CarVia Share fleet are non-smoking vehicles.

 

  1. Technical interventions such as maintenance and repairs may not be ordered or done by the lessee. If warning messages appear in the car when starting the engine or while driving, CarVia Share Support must be called immediately to coordinate the further procedure. This also applies to any suspicious or untypical noises detected during the trip.

 

  1. When renting the car via the app, the car can be refuelled at a petrol station at CarVia's expense. In the case of e-vehicles, the attached charging card (usually in the glove compartment) can also be used to charge the car at all public charging stations at CarVia's expense.

 

Filling up at petrol stations is done with the help of the app and a fuel card. The fuel card is in a holder in the car (usually in the glove compartment) and must be put back in the holder after use, otherwise the rental cannot be ended.

 

If the lessee fills up at a petrol station that is not supported by the fuel card, the lessee must pay the costs. The costs will be refunded by CarVia upon proper presentation of the fuel receipt. For refuelling at a petrol station outside the partner network, a service fee will be charged in accordance with the current fee table. The service fee for refuelling at a petrol station outside the partner network will not be charged if the lessee can prove that he/she is not responsible for the occurring of the circumstances justifying the service fee or that CarVia has not incurred any costs or that the costs actually incurred are significantly lower than the service fee specified in the fee table.

 

The charging process at a public charging station takes place with the help of the app and a charging card. The charging card is also in a holder in the car (usually in the glove compartment) and must be put back in the holder after use, otherwise the rental cannot be ended. If the lessee charges the car at a public charging station without the charging card provided, CarVia will reimburse the costs upon proper presentation of the charging receipt.

 

  1. When charging an E-vehicle, the lessee shall strictly follow the operating instructions of the vehicle to be charged and the accessories used (e.g. charging cable) as well as any information posted on the charging station regarding the use of the charging stations. The use of charging cables or other accessories that are not certified in accordance with relevant regulations (e.g. CE marking), are not approved for the respective vehicle or charging station in accordance with the information posted there, or are damaged, is prohibited.

 

G: Behaviour with damage, defects, repairs and accidents

 

  1. Theft, accidents, damages and defects that appear during the rental period must be reported by the customer to CarVia immediately by telephone. The same applies to accidents, damages and defects that the CarVia car already shows at the beginning of the rental (see section A: 3.). Accidents, damages and defects do not release the customer from the obligation to take due care.

 

  1. The customer must ensure that all accidents, thefts, fire or damage caused by wild animals, or any other damage in which a CarVia car driven by him/her was involved, are immediately recorded by the police. If the police refuse to record the accident, the Customer must inform CarVia immediately. In such a case, the Customer must coordinate the further procedure with CarVia and follow its instructions. This applies irrespective of whether the accident was self-inflicted or caused by third parties or whether the damage was minor or not.

The Customer may only leave the scene of the accident after the following scenarios have occurred:

(a) the police recording has been completed (or, if a police recording is not possible, CarVia has been informed thereof in accordance with this Section G: 2.), and

  1. b) in consultation with CarVia, all measures have been taken to preserve evidence and minimise damage; and
  2. c) the vehicle has been handed over to a towing company or, after consultation with CarVia, has been safely parked in another manner or has been moved by the Customer.
  3. d) the lessee is justified or excused due to accident-related injury to a party involved in the accident.

 

  1. The lessee may not make any declaration of assumption of liability or similar in the event of accidents in which a CarVia car driven by him/her was involved. If, despite the prohibition, an assumption of liability is made, it shall only apply directly to the customer himself. Neither the owner nor the insurer are bound by this commitment.

 

  1. Regardless of whether an accident, which the Customer is obliged to report to CarVia, was self-inflicted or the fault of third parties, CarVia will provide the Customer with a damage report form following the report. This form must be completely filled out and returned to CarVia in text form (e.g. by e-mail) within 7 days after the date of the accident. The date of dispatch of the notification to CarVia shall be decisive for compliance with the deadline. If the form is not made available to the Customer, the Customer is obliged to send CarVia a damage report with details of the date, place, parties involved and the course of the accident no later than 7 days after the accident occurred. After receiving the damage report, CarVia may request further information. If CarVia does not receive a damage report and/or the requested information within this period, the accident cannot be settled by the insurance company. In this case, CarVia reserves the right to charge the customer for all accident-related costs, in particular for persons, objects and vehicles.

 

  1. Compensation payments in connection with damages to the CarVia car are in any case due to CarVia. If benefits have been paid to the customer in this connection, he must pass them on to CarVia without being asked to do so.

 

  1. Upon CarVia's request, the Customer shall at any time inform CarVia of the exact location of the CarVia car and allow CarVia to inspect the vehicle.

 

  1. CarVia is solely responsible for the selection of the repair shop and for the repair in case of damage.

 

  1. if a breakdown, for example a tire blowout, results in a support trip by the CarVia team, the customer will be charged the costs according to the prices & fees list (https://www.carvia.com/share/pricing/fees/). This also applies if the deductible in the event of damage has been reduced to 0€.

 

H: Insurance coverage

 

  1. The CarVia car is covered by liability insurance. This insurance cover exists within the geographical borders of Europe as well as the non-European areas that belong to the area of application of the European Union and contains a liability insurance with a max. sum insured for injury to persons and damage to property of EUR 100 million. The maximum sum insured per injured person is EUR 15 million.

 

  1. The use of the vehicles for the carriage of toxic substances in accordance with § 7 GefahrgutVStr. is excluded from the insurance.

 

  1. The lessee is not entitled to accept claims for liability damages from third parties, either in whole or in part, without prior permission from CarVia.

 

  1. The lessee is responsible for minimising and preventing the damage as far as possible when the damage occurs.

 

  1. CarVia is authorised to fulfil or defend claims for damages made against the lessee on the lessee's behalf and to make all declarations which appear useful for this purpose within the scope of its dutiful judgement. If claims are asserted against the lessee out of court or in court, the lessee is obliged to notify this immediately after the claim has been made. In the case of claims asserted in court, CarVia shall be left to lead the legal dispute. CarVia is entitled to appoint a lawyer on behalf of the lessee, to whom the lessee must give authority and all necessary information and provide the requested documents.

 

  1. When using toll roads, the lessee shall be responsible for the timely and complete payment of the toll fee due. The lessee releases CarVia from all toll charges upon first request.

 

I: Liability of the lessee, traffic offences

 

  1. In the event of damage to the car, loss of the car and breaches of the rental contract, the lessee is liable in accordance with the general liability rules, unless otherwise arranged below. Accordingly, the lessee is not liable if he is not responsible for the breach of duty.

 

  1. A liability for damages from accident, fire and vehicle loss can be reduced or excluded by the lessee by agreement of a liability exemption and payment of the agreed fee for this purpose to a deductible. This exemption from liability corresponds to the model of a fully comprehensive insurance. The lessee shall be liable per individual event of damage up to the amount of the agreed deductible. The amount of the agreed deductible is displayed to the lessee in the app before the conclusion of the rental contract. The lessee has an option in the app to reduce the deductible for a fee before the start of the rental. An exemption from liability agreed between the parties does not apply to brake damage, operational damage, breakage, negligence and intent as well as all costs incurred due to the damage, for example towing or replacement of the vehicle. Any fees are listed in the fee schedule.

 

  1. There is no entitlement to a contractual exemption from liability if the damage was caused intentionally. CarVia is also entitled to reduce the obligation to provide compensation in proportion to the severity of the fault if the damage was caused by gross negligence.

 

  1. A claim to a contractual exemption from liability also does not exist if an obligation to be fulfilled by the lessee, in particular according to sections E to G of these General Terms and Conditions, has been intentionally violated. In the event of a grossly negligent breach of an obligation to be fulfilled by the lessee, CarVia shall be entitled to reduce its indemnification payment in proportion to the severity of the fault. In deviation from the above, the lessee's right to indemnification shall remain in force if the breach of an obligation by the lessee is neither

 

  1. a) for the occurrence or determination of the case of indemnification, nor

 

  1. b) for the determination or the extent of CarVia's obligation to indemnify; this does not apply if the obligation was breached fraudulently. The contractual exemption from liability shall only apply to the rental period.

 

  1. The lessee is liable without limitation for all violations of traffic and regulatory regulations and other legal provisions as well as for all interferences with possession caused by the lessee during the rental or parking of the vehicle. The lessee shall indemnify CarVia on first demand against all fines and warnings, fees and other costs charged by administrative authorities or other entities on the occasion of such violations by CarVia. As compensation for the administrative expenses incurred by CarVia for the processing of such notices and enquiries directed to CarVia by prosecuting authorities or other third parties for the purpose of investigating administrative offences, criminal offences or disturbances committed during the rental period, CarVia shall receive a reimbursement of expenses in the amount of EUR 25.00 from the lessee for each such enquiry, unless the lessee proves that CarVia has incurred no or significantly less expenses and/or damage. CarVia is entitled to claim further damages.

 

  1. If there is no contractual exemption from liability for the lessee and if the lessee has caused an accident due to his own fault, as a result of which the vehicle is no longer roadworthy or drivable, the lessee shall bear the costs for the transport of the vehicle up to the workshop. In the event of partial fault, he/she shall bear the costs proportionately.

 

  1. In case of damage or even loss of the charging cable for E-vehicles, the lessee shall compensate the lessor by reimbursing the costs for the replacement of the cable as a lump sum according to the CarVia price list (see https://www.carvia.de/share/tarife/gebuehren/), unless the lessee proves that CarVia has incurred no or a significantly lower expense and/or damage. CarVia is permitted to claim further damages.

 

J: Termination

 

  1. The lessee and CarVia are entitled to terminate the rental agreements in accordance with the statutory provisions.

In addition, CarVia may terminate the lease extraordinarily for important cause.

An important reason is in particular:

- significant deterioration of the financial circumstances of the lessee

- dishonoured bank collections / cheques,

- enforcement measures against the lessee,

- lack of care of the vehicle,

- improper and unlawful use,

- failure to comply with the regulations governing the use of motor vehicles for the carriage of goods by road,

- the unacceptability of continuing the rental, e.g. due to too many damage claims.

 

  1. In case of extraordinary termination of the rental, CarVia may immediately and completely exclude the renter from the use of the CarVia App and exclude him/her from the use of all CarVia services for an indefinite period of time. For this purpose, the lessee's user account may also be deleted without residue.

This is particularly the case if the lessee:

- intentionally damages a rented car,

- intentionally hides or attempts to hide damage to the rented vehicle from CarVia,

- intentionally causes damage to CarVia,

- is more than seven days in delay with rental payments for a total amount of at least one week's rental,

- uses a rented car in or for the commission of intentional criminal offences.

 

  1. if CarVia terminates a rental contract, the lessee is obliged to immediately return the car including vehicle documents, all accessories and all keys belonging to it to CarVia.

 

K: Debit authorisation of the lessee, prohibition of offset

 

  1. The lessee authorises CarVia and its collection agents irrevocably to debit all rental car costs incurred and all other claims related to the rental agreement from the means of payment used or additionally designated at the time of conclusion and/or termination of the rental agreement.

 

  1. Offsetting against claims of CarVia is only possible with undisputed or legally established claims of the lessee.

 

 

L: Data processing & right to object to advertising

 

  1. The lessee may object at any time to any processing or use of his/her data for the purposes of advertising or market or opinion research. The objection is to be addressed to: CarVia GmbH Keyword: Objection, Elisabethstr. 44, 80796 Munich or by e-mail to: support@carvia.de

 

M: Debit authorisation of the lessee, prohibition of offset

 

  1. If and insofar as no provision is contained in this Agreement, the regulations of the Insurance Contracts Act (Versichungsvertragsgesetz (VVG)) and the regulations of the General Conditions for Motor Vehicle Insurance (AKB 95) shall apply mutatis mutandis. This also applies to any ambiguities arising out of this Agreement.

N: Written form, dispute resolution, Place of jurisdiction, Contractual language

 

  1. There are no verbal side agreements.

 

  1. The European Commission has set up a platform for the extrajudicial online settlement of consumer disputes at http://ec.europa.eu/consumers/odr/. CarVia will not participate in a dispute settlement procedure before a consumer arbitration board and is not obliged to do so. CarVia will not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

 

  1. If the lessee is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be in Munich.

 

  1. The contractual language is German. Insofar as CarVia provides the Customer with an English version of these GTC in the context of the conclusion of the contract, this is merely a non-binding translation and a non-binding service provided by CarVia. In the event of discrepancies, ambiguities and contradictions between the German version and the English version of these GTC, the German version of these GTC shall always take precedence over any translations.
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