General Terms of the Electric Mobility Concepts GmbH
The Electric Mobility Concepts GmbH (hereafter “eddy”) offers, in its area of operation, a payment-based use of electrically powered vehicles to its customers through short-term rentals on the basis of these general terms (hereafter “GTs”). By registering with eddy (base contract), customers are authorized to use our vehicles upon completion of a short-term rental contract, according to the following conditions of these GTs.
§ 1 Eligible Customers, Contract Parties and Applicability of these GTs
(Paragraph 1: Contract Partners)
Electric Mobility Concepts GmbH (hereafter eddy), EUREFF Campus 7-8, 10829 Berlin, Deutschland acts as the provider. Detailed information about eddy can be found on the Internet site www.eddy-sharing.de under Impressum (“about us”).
(Paragraph 2: Eligible Customers)
Customers of eddy may only be natural persons according to the German Civil Code [Bürgerliches Gesetzbuch] (hereafter “BGB”) who have concluded a valid base contract with eddy and are eligible according to the following criteria:
Must have attained 18 years of age,
Must possess a valid driver’s license for an automobile, a motorcycle, or a moped for at least one year, and
This driver’s license must have been granted by the Federal Republic of Germany, another member state of the European Union, Switzerland, Lichtenstein, Norway, or Iceland, or is recognized as an international driver’s license in relation to the national driver’s license, so far as it authorizes the driving of a vehicle in the Federal Republic of Germany.
(Paragraph 3: Applicability)
(Paragraph 4: Right to Change these GTs)
eddy reserves the right to change or amend these GTs – especially for individual future rental contracts –, unless they are unreasonable towards customers. eddy will inform its users about changes (in writing or by e-mail) in a timely manner and will publish these on its Internet site. Should customers issue no objections to changes of the GTs within six weeks of notification; the amended GTs will be regarded as accepted by the customer. Notifications shall emphasize the rights of revocation and the objection period to customers. Should a customer object to changes or amendments of the GTs, eddy may cancel a customer’s base contract within four weeks, on the basis of these GTs.
(Paragraph 5: Retrieval of GTs)
Customers may retrieve, print, or save the GTs at any time through the Internet site www.eddy-sharing.de.
§ 2 Subject of the Contract
(Paragraph 1: Subject)
The subject of the contractual relationship between eddy and its customers, on the basis of these GTs, is the base contract which governs the legal relationship between the parties during registration and the subsequent services provided as a framework contract, and the individual rental contracts which are concluded by the parties on the basis of these GTs and the individual base contracts.
(Paragraph 2: Smartphone App)
As part of the base contract, which is subject to these GTs, eddy provides an overview over all available vehicles in its vicinity through a smartphone app (hereafter “app”), so that customers may make reservations and rent or cancel reservations for specific vehicles. Use of the app requires the customer’s personal registration data. eddy allows its customers only to use the app and only permits registered customers to access the app. Neither the source code, nor the object code of the software shall be provided to customers. Customers shall merely receive the technical possibility and authorization to access and use this software, which is hosted on a central server, via the Internet. Usage of the app is free of charge.
(Paragraph 3: Individual Rental Contracts)
As part of the base contract, eddy offers its customers in its area of operation a payment-based use of electrically powered vehicles through short-term rentals, which customers may rent through individual rental contracts on the basis of the base contract. No guarantee of availability is provided by eddy. Should all vehicles be rented, customers must wait until they become available again.
§ 3 Registration, Contract Conclusion, Rentals and Reservations
(Paragraph 1: Base Contract)
The base contract shall be concluded by a complete and orderly registration at eddy through its Internet site. Customers are required to complete the online application and follow the online notices of registration. Registration is only complete and orderly after eddy verified the customer’s data and eddy activated the customer’s account. Only upon activation is the base contract concluded and legally-binding between the parties. Verification shall occur, according to the user’s wishes, either personally at the office or at selected locations in the city, or through a so-called audio-visual verification (via Skype).
(Paragraph 2: Individual Rental Contracts/Rentals)
Upon registration, customers may rent a vehicle of their choice from eddy, on the basis of the base contract, insofar as it is available – i.e., not registered or rented by another customer and no technical or operational reasons prevent the rental of the vehicle. The cost and fee table valid during the conclusion of an individual contract (http://www.eddy-sharing.de/#!gebuehren/c9yw) is also a subject of the contract. A customer may rent no more than one vehicle through an individual rental contract. The app allows the customers to see which vehicles are available at the desired time of rental. The rental contract for the use of an eddy vehicle shall be concluded by the customer selecting the rental function on the app and the computer of the eddy vehicle confirming this rental by providing the helmet box.
(Paragraph 3: Reservations as Part of Individual Rentals)
Customers may also reserve available eddy vehicles. The reservation time lasts 15 minutes. Should a reserved vehicle not be rented by a customer after 15 minutes after the reservation time began, the vehicle will be made available to all customers for usage again. Customers may cancel all reservations within these 15 minutes free of charge through the app.
§ 4 Duration of Individual Rentals, Battery Life of the Vehicles
(Paragraph 1: Limited Duration of Use)
The duration of the individual rental contracts is limited to the battery life of the rented eddy vehicle. As long as the battery of the eddy vehicle possess a charge sufficient for the ride, the customer may use or stop using the vehicle as they wish. Once the battery of the rented vehicle is depleted, the individual rental contract usage rights of the customer end and the customer is obligated to return the eddy vehicle according to these GTs (especially § 8 of these GTs). The remaining battery life is displayed to the customer on the speedometer of the vehicle and on the app. Dependant on the vehicular type, the display signals the depleted battery either on the speedometer as a blinking signal, or as a needle meter. The app displays the battery life to the customer in percent or in remaining kilometers (distance). eddy notifies its customers that an orderly return of the vehicle is possible despite a depleted battery, and that an orderly termination of the individual rental contract is required by the customer, despite usage rights determined according to sentence 1.
(Paragraph 2: Charging the Batteries)
eddy expressly notifies its customers that no replacement or charging of batteries will be made by eddy during the duration of an individual rental contract. Neither is the customer permitted to physically access, change, or charge the batteries. eddy will ensure the drivability of the vehicle after the conclusion of the individual rental contract and offer this vehicle to all eddy customers when available.
(Paragraph 3: Billing Basis of an Individual Rental Contract)
Billing of a ride follows the actual time driven. Every partial minute is billed as a full minute by the system.
§ 5 Rights and Obligations of eddy
The following rights and obligations exist for eddy:
eddy is not obligated to provide an app for all terminals, according to § 2 paragraph 2 of these GTs.
eddy may send messages to its customers, informing them about new developments.
eddy reserves the right to change the technical functions and the contents of the app.
eddy reserves the right to change its area of operation.
§ 6 Customer Obligations
In accordance with the following procedures, customers are obligated to the following – while the individual obligations also apply at all times for the duration of an individual rental contract:
Customers explicitly assure eddy that all data provided during registration is true and complete.
Customers are obligated to immediately inform eddy in writing about changes to their data (especially e-mail addresses, cell phone numbers, payment details, driver’s license restrictions)
Transferring a customer’s smartphone with an installed app (access medium) or personal log-in data (username and password) to third parties is not permitted. The customer is liable for any resulting damages that eddy may incur through the loss or transfer of the access medium.
Checking Vehicles before Departure
Customers must assess the roadworthiness of a vehicle, especially by checking the tires, themselves before departure. If roadworthiness cannot be guaranteed, the vehicle may not be used. Visible damages/insufficiencies must be compared to the damage list of the app. Newly discovered insufficiencies/damages must be reported to eddy telephonically before departure. Moreover, the customer is required to report the number of helmets in the helmet box honestly in the app before departure. With the exception of damages already reported to eddy, a vehicle shall be considered visually and technically flawless, unless the customer reports new damages.
Customers may not perform repairs or modifications of the vehicles.
Customers may not access the seats and the batteries contained inside.
During the ride
The customer must carry a valid driver’s license during every ride. Driving permission is contingent upon adhering to all stipulations of the driver’s license.
In the interest of all customers, the environment, and the public, customers must drive safely and follow all traffic safety rules.
The customer must make careful use of the vehicles, which includes not dirtying the seat or the helmet.
When parking, the customer may only park the vehicles on areas designated by Nr. 5 of this paragraph and may only end the rental there.
Upon eddy’s request, the participant must provide the exact location of the vehicle at all times and ensure the inspection of the vehicle. This applies especially to rentals exceeding 24 hours.
Should customers be outside of eddy’s area of operation during the ride, they are required to ensure the orderly return of the rented vehicle on time (in accordance with § 4 and § 8 (in accordance with Nr. 5 of this paragraph)) and completion of the rental contract. Returns must be made within eddy’s areas of operation.
The customer must immediately inform eddy telephonically of insufficiencies, technical difficulties, or other interferences with the rental contract use. This also applies should a third party unjustly claim rights to the vehicles.
The customer is required to return eddy vehicles orderly and, according to the German Road Traffic Act [StVO], to a public parking place (which also includes metered public parking spaces) only.
Moreover, parking on parking spaces for the disabled, areas with waiting and parking restrictions, taxi parking spaces, and private parking spaces (e.g., parking garages, supermarket parking places or other special use parking areas) is not permitted.
The customer may only park the vehicle on areas with time or day restrictions on parking (e.g., waiting restriction signs reading “6:00 AM until 3:00 PM” or “30 March 2015 until 30 April 2015 from 8:00 AM until 6:00 PM”), if the restrictions on parking only enter into effect 72 hours after parking the vehicle. This also applies to decreed but not yet valid parking restrictions (e.g., “due to construction”). In case of a violation, the customer shall be liable for all fines and towing charges.
Returning the Vehicle
The customer is required to the return the vehicle orderly, in accordance with § 8 of these GTs.
Objects belonging to the vehicle may not be removed by the customer beyond the rental.
Upon completion of the rental, the customer must ensure that both helmets and the keys are returned to the helmet box.
When parking and concluding the rental, the customer must protect the helmet box against theft.
The customer must ensure that, upon returning it, the vehicle is accessible to other registered customers of eddy at all times. Should this only be possible after eddy parking the vehicle, the customer will cover the costs according to an agreed fee list (http://www.eddy-sharing.de/#!gebuehren/c9yw), unless the customer can prove that eddy incurred no or minimal costs. Upon receipt of the evidence, eddy reserves the right to claim damages from the customer beyond the fees listed.
Accidents, Theft, Destruction or Other Damages
In case of accidents, theft, fire, damages caused by animals, or other damages, the customer is obligated to contact the police immediately if a third party was injured or acted as a possible (co-) perpetrator or another’s property, besides the eddy vehicle, which was damaged.
The police/fire department must be informed that the vehicle involved in the accident is an electric vehicle.
In case of damages involving third parties, the customer may only make an admission of guilt upon receiving eddy’s permission.
The customer is required to first contact eddy immediately by phone about damages and to subsequently inform eddy in writing about all details. The customer must notify eddy within two days after the damages occurred.
In case of an accident outside of the defined areas of operation, the customer shall cover all costs incurred by returning the vehicle to the area of operation upon completion of repairs. eddy may charge the customer for additional costs incurred through damages for an accident caused by the customer in part or in whole, according to the current fee list (http://www.eddy-sharing.de/#!gebuehren/c9yw), unless the customer can prove that eddy incurred no or minimal damages. eddy reserves the right to claim damages from the customer beyond the fees listed. Even in cases of an accident, individual rental contracts are only completed upon the orderly return of the vehicle, in accordance with § 8 of these GTs. Should the vehicle no longer be roadworthy or operational due to an accident, the individual rental contract shall end upon transfer of the vehicle to a towing company with an agreement from eddy.
The customer may only leave the scene of the accident after the police recorded the events and the vehicle has been transferred to a towing company, or, after consulting eddy, placing it somewhere within the area of operation. Continuation of the ride is only allowed by obtaining eddy’s express permission.
Only eddy may select the repair workshop.
eddy’s technicians are required.
Should they, due to improper use of the vehicle or its technical equipment, force eddy’s technicians to be deployed, the customer shall be required to cover the costs of deployment in accordance with the fee list (http://www.eddy-sharing.de/#!gebuehren/c9yw), unless the customer can prove that eddy incurred no or minimal costs. eddy may claim additional damages if eddy can demonstrate that greater damages were incurred than stated in the fee list. In cases of improper use, no deductions shall be made for customers.
The obligations of the customer, according to Nr. 7 of this paragraph, do not apply if, as participant in the accident, the customer had to be removed from the scene of the accident due to injuries sustained from the accident. In such cases, the customer shall be required to resume his responsibilities from Nr. 7 of this paragraph as soon as their condition allows.
§ 7 Rental Prohibitions
A customer is contractually prohibited from renting eddy vehicles, should any of the following apply:
Operating the vehicles under the influence of alcohol, drugs or medication that compromise one’s ability to drive. There is a strict prohibition on alcohol of 0.0%.
Using the vehicles when the customer is not in full possession of their mental faculties.
Using the vehicles for cross country drives, motor sports events, races of any kind, vehicular testing, driver’s education, or as a for-profit transportation service.
Transporting objects or substances whose state, size, shape, or weight could threaten traffic safety.
Using the vehicles to commit unlawful acts.
Transporting easily flammable, poisonous, or other dangerous substances with the vehicles.
Transporting more than two people (including the customer) with the vehicles.
Transporting children who have not yet completed their twelfth year of life, or transporting children who are not tall enough for their feet to reach the pedals or not strong enough to hold on to the driver.
Traveling into a foreign country with the vehicle.
Violations caused by renting a vehicle and breaching one of the prohibitions stated above permit eddy to cancel or void rental contracts with the customer in question without notice. In such cases, customers cannot claim compensation. eddy’s damage claims against a customer who violated a rental prohibition remain unaffected.
§ 8 Completion of Individual Rental Contracts and Return of the Vehicles
By choosing the option “End Rental” (Miete beenden) in the app, the rental agreement between the parties is completed when the vehicle is properly returned. The return is considered proper if…
…The vehicle was parked in a permissible area within the operating area designated for the vehicle (see § 6 Nr. 5 of these GTs),
The vehicle’s keys and both helmets were deposited at the designated spot in the helmet box,
The helmet box was locked properly, and
A cellular phone connection can be established at the area where the eddy vehicle is returned.
In cases of improper returns, eddy reserves the right to claim damages incurred e.g., from having to park the vehicle somewhere else.
§ 9 Fine Procedures
The customer is fully liable for all unlawful acts committed by them during the rental period. Unlawful acts especially include traffic safety violations during the rental period (traffic rules) and breaches of prohibitions decreed by the owner of the area (property rights). For these reasons, the customer agrees to exempt eddy from any fines, costs, legal fees, or other expenses that authorities or other third parties could claim against the eddy customer for unlawful acts stated above with this base contract. Administrative expenses incurred by assessing such claims (e.g., processing requests or correspondence over regulations) shall be covered by the customer in accordance with the fees listed under http://www.eddy-sharing.de/#!gebuehren/c9yw per case, unless the customer can prove that eddy incurred no or minimal expenses. eddy reserves the right to claim damages from the customer beyond the fees listed.
§ 10 Insurance, Excesses
(Paragraph 1: General)
Liability and commonly scaled partial insurance exists for all vehicles. In case of damages, the excess amount is €150.00 per damage case for the customer.
(Paragraph 2: Exclusion of Liability Limitations on Excesses)
Limitations on excess liability, insofar as these GTs do not state otherwise, do not apply, especially when damages resulted from improper use and/or operation of the vehicle, such as ignoring warning lights or carrying prohibited freight. Insurance does not extend to damages caused intentionally by a customer (according to § 10), neither do limitations on the customer’s liability or excess. In cases of liability claims against a customer without vehicle insurance, eddy shall be exempt from third party claims against the customer. If the customer caused the damages through gross negligence, both parties agree that the seriousness of the responsibility of the customer shall be weighed reasonably against the limited liability agreed upon which shall be reduced accordingly. For the previously-stated insurance and liability limitations, the general terms of the German Insurance Association [Gesamtverband der Deutschen Versicherungswirtschaft e. V. GDV] for vehicle insurance apply, unless stated otherwise in these GTs. In cases of damage payments by insurers or third parties to eddy, eddy shall deduct these payments from its claims against the customer.
§ 11 eddy’s Liability
(Paragraph 1: Extent of Liability)
eddy shall only be liable – regardless of the legal reason – in cases of…
a) … absence of the guaranteed conditions;
b) … liable injuries to life, one’s body, or health;
c) … if damages result from liable violations of contractual obligations (“cardinal duties”). The term “cardinal duty” abstractly describes obligations on whose fulfillment the proper execution of the contract depends and to whose adherence the contract parties regularly rely; and
d) … if damages can be traced to gross negligence or were intentionally caused by eddy.
(Paragraph 2: Liability Limitations)
In cases of cardinal duty violations (paragraph 1 c); liability – insofar as damages merely result from negligence – is limited to damages whose occurrence is typically to be expected within the contractual framework.
(Paragraph 3: eddy Employees)
Liability limitations resulting from paragraph 1 and paragraph 2 applies to employees and contractors of eddy.
(Paragraph 4: Product Liability Law)
Liability, according to product liability law, remains unaffected by this stipulation.
(Paragraph 5: Liability Restrictions)
Liability does not extend beyond the previously stated cases.
§ 12 Customer Liability
(Paragraph 1: General)
The customer is liable for damages to or loss of the vehicles, individual vehicle parts, and rented equipment, according to the laws of liability, if no other agreements were made. The customer is also liable for contractual violations.
(Paragraph 2: Extent of Liability)
Customer liability also extends to additional damage expenses, e.g., assessment costs, increased insurance premiums, valuation losses, towing costs, legal costs, and downtime costs.
(Paragraph 3: Infringements and Legal Offenses)
Customers are fully liable for any committed legal offenses, in accordance with § 9 of these GTs.
(Paragraph 4: Full Liability)
Likewise, the customer is fully liable beyond deductibles for total damages, if eddy incurs damages caused intentionally or by gross negligence of the customer who was fully aware of the stipulations for vehicular use §§6 and 7 of these GTs. If the customer causes damages through gross negligence, both contract parties agree that the customer’s responsibility shall be weighed reasonably against the limited liability agreed upon which shall be reduced accordingly.
§ 13 Payment Conditions
(Paragraph 1: Payment and Billing)
Customers will be charged prices and fees (both hereafter referred to as fees) which apply at the time of their rental and can be found on the fee list (http://www.eddy-sharing.de/#!gebuehren/c9yw). All fees are in Euros including value added taxes. Price and fee discrepancies which may have been loaded from caches (e.g., browser caches, proxies, etc.) do not apply. Prices are established through the duration of use for each individual rental and the return parking determined by the on-board computer. Fees become due upon completion of the rental and will be properly billed to the customer. Invoices will be sent via e-mail no later than 7 days after the completion of the rental.
(Paragraph 2: Payment Modalities)
SEPA direct debiting constitutes the only acceptable payment modality between the parties. By concluding a contract, the customer confirms their disposition over their account. Debits will be made collectively every 14 days, insofar as the customer incurred chargeable fees during this time. The customer must ensure sufficient account coverage for direct debit collections. However, eddy will debit the fee no sooner than two 2 business days after sending an invoice, after the customer provides such authorization. If fees cannot be collected due to insufficient coverage or other reasons, eddy may add the resulting costs to the customer’s charges, in accordance with the fee list (http://www.eddy-sharing.de/#!gebuehren/c9yw), unless the customer can prove that eddy incurred no or minimal damages. eddy reserves the right to claim damages from the customer beyond those incurred from additional banking fees. eddy may assign its claims against the customer to third parties (collection agencies) for debt collection.
(Paragraph 3: Price and Fee Changes)
eddy reserves the right to adjust the price and fee list upon thoroughly assessing the economic situation, e.g., when energy, maintenance, or procurement prices rise for future rentals. Customers will be informed of any such changes 1 month before they go into effect. Such changes will always go into effect on the 1st of the following month and will be announced on the Internet and on invoices.
§ 14 Duration, Cancellation and Blockage of the Base Contract
The base contract is concluded for an indefinite period and may be cancelled by either party in writing within 6 weeks until the end of the month. Both parties retain the right of extraordinary termination of the base contract, according to the general legal requirements, unless additional agreements were made. Instead of extraordinary termination, eddy is also authorized to ban a customer from future rentals for a sufficient reason. This applies especially when eddy’s claims from previous rentals remain unfulfilled despite repeated notices, lack of cooperation in determining the cause of damages, or after repeated violations of contractual obligations by the customer.
(Paragraph 1: Privacy Statement)
eddy is aware of the sensitivity of personal data and will adhere to the legal requirements for personal data protection when dealing with the customer’s personal data. The German Telecommunications Act (TMG), the German Federal Data Protection Act (BDSG) and the German Teleservices Data Protection Act (TDDSG) provide the legal basis for data protection. Further information can be found on eddy’s privacy statement on its Internet site.
(Paragraph 2: Data Protection Permissions)
eddy is permitted to save and utilize personal data provided by customers, including usage and vehicular data for locating vehicles, insofar as it is used to execute the base contract and is required for fulfilling the individual rental contracts. To determine the exact billing for a customer’s usage, individual rental contracts are assessed based on their location, departure time, duration of use, destination and arrival time. This data is used by eddy to determine invoices. Furthermore, vehicles will not be located while in proper use by customers. In case of violations of the return requirements, or in other cases of contractual violations, eddy may locate their vehicle. In cases of infringement or traffic safety violations, the customer’s personal data (surname, first name, address) will be provided to the traffic authorities. eddy may also contact the customer telephonically in case of disturbances during the rental or usage period to determine the cause of the disturbance. eddy is required not to provide customer data to third parties for commercial purposes.
(Paragraph 3: No Data Transfer to Unauthorized Persons)
eddy will, under no circumstances, provide personal data to unauthorized persons. In addition, in accordance with legal requirements, eddy will inform the customer immediately and free of charge about which personal data eddy stores upon request.
§ 16 General Credit Protection Agency (SCHUFA) Clause, Credit Assessment
eddy reserves the right to transmit data about the conclusion of a base contract to the General Credit Protection Agency (SCHUFA Holding AG (SCHUFA)) and to receive data about customers from the SCHUFA. eddy reserves the right to refuse base contracts to customers based on negative SCHUFA data.
§ 17 Offsetting and Transfering Rights
Offsetting customer counterclaims is not permitted, insofar as they do not relate to undisputed or legally-binding claims, or counterclaims recognized by eddy. The parties may only transfer the rights and obligations resulting from this contract to third parties upon receiving written confirmation by the remaining parties.
§ 18 Final Provisions
(Paragraph 1: Place of Jurisdiction)
Unless, as a consumer, the customer’s place of jurisdiction lies outside of Germany, the only place of jurisdiction for any disputes arising from this legal relationship shall be the court of eddy’s registered office.
(Paragraph 2: Applicable Law)
The laws of the Federal Republic of Germany shall be applicable to this legal relationship. The place of fulfillment shall be eddy’s registered office.
(Paragraph 3: Severability Clause)
Should a provision of these GTs prove invalid or unenforceable, this shall not affect the remaining provisions. The appropriate legal requirement shall replace the invalid provision. The same applies to any loopholes.