These General Terms and Conditions of Business ("Terms and Conditions") shall govern the commercial relationship between DriveNow Austria GmbH (hereinafter referred to as "DriveNow") and persons who make use of DriveNow’s vehicle rental service based on a Master Agreement with DriveNow.
2. Reservation entitlement, right of use and driving permit
2.1. A natural person (hereinafter referred to as the "Customer") entitled to make reservations on, and use the vehicles of, the DriveNow vehicle rental service (referred to jointly as "right of use" below) is one who
2.1.1. has concluded a DriveNow Master Agreement with DriveNow,
2.1.2. is at least 21 years old,
2.1.3. has had class B permission to drive, valid in Austria for a minimum of one year without interruption, has the related valid driving licence with him at the beginning of and throughout the journey and, at the beginning of and throughout the journey, complies with any conditions or restrictions which may apply to that licence,
2.1.4. has at his disposal a valid, electronic access medium for access to the vehicle, namely a valid, electronically readable sticker on the driving licence or other electronic access medium, hereinafter referred to as the "DriveNow-ID",
2.1.5. has presented the original of his current driving licence at a site authorised by DriveNow for such purposes in the month before the first journey commences and no more than 18 months before the current journey commences.
2.2. The DriveNow-ID shall be read by the DriveNow reader on the vehicle’s windscreen before the start of each journey. Alternatively, the vehicle may be opened following personal authorisation via the membership card number using a mobile application.
2.3. The Customer shall be prohibited from allowing other persons to drive the vehicle.
2.4. The Customer shall inform DriveNow without delay of any expiry, revocation or restriction pertaining to his permission to drive, any driving ban imposed, or any provisional confiscation of his driving licence. Right of use shall cease if the Customer’s permission to drive is revoked or his driving licence is provisionally confiscated. Right of use shall be suspended for the duration of any driving ban imposed by a court or official body. Should permission to drive be restricted, DriveNow shall reserve the right to revoke right of use.
2.5. In the event of an infringement brought about by an unauthorised journey, the Customer shall undertake to pay a contractual penalty of EUR 500.00; this shall not apply insofar as DriveNow has incurred no loss or a smaller loss. The right to claim further damages shall remain unaffected. Any contractual penalty incurred shall be offset against the claim for damages. Your attention is drawn to the existence of a judge’s right to use discretion with respect to the contractual penalty pursuant to Section 1336 Para. 2 of the Allgemeines Bürgerliches Gesetzbuch (Austrian Civil Code).
3. Electronic vehicle key
3.1. Every Customer shall obtain the DriveNow-ID and a personal PIN from one of the registration stations as an electronic key for starting the vehicle. All access media shall remain the property of DriveNow. Permission shall not be granted to transfer the access medium and/or PIN to another person. DriveNow shall be notified without delay if the access medium is lost, damaged, destroyed or disabled.
3.2. If the DriveNow-ID has to be re-issued to the Customer for any reason whatsoever, except accidental disablement, the Customer shall be charged a flat rate for costs and expenses in accordance with the current price list, unless DriveNow has incurred no loss or a smaller loss, or the failure is solely the fault of DriveNow or the fault of both the Customer and DriveNow. In the latter case, the claim for damages shall be reduced in proportion to DriveNow’s contributory negligence.
3.3. The Customer shall undertake to keep safe the access medium and/or PIN.
3.4. Unless the written notification of the PIN was destroyed following receipt, the Customer shall take responsibility for storing it in a secure location and not together with, or otherwise in the immediate vicinity of, the access medium; the same shall apply to any records of the PIN. The Customer shall keep the PIN strictly confidential. In particular, he shall not leave it in the vehicle unattended or make a note of it on the access medium or his driving licence. In the event of a culpable breach of this duty of care by the Customer, he shall be liable for all losses arising therefrom, particularly if the breach results in the theft, damage or improper use of a DriveNow vehicle. Furthermore, the Customer shall be liable for all losses suffered by DriveNow as a result of delayed notification, for which the Customer is to blame, of the loss or transfer of the access medium and/or PIN.
3.5. The Customer may have the PIN blocked. The relevant notification shall be provided by e-mail or telephone using the following contact details:
DriveNow Austria GmbH
1030 Vienna, Austria
Telephone: +0800 070702 (free hotline)
3.6. If DriveNow receives the notification outside normal business hours (which are Mon-Fri 09:00 to 18:00, except for statutory holidays), the notification may be dealt with at the start of the working day (09:00) following receipt of the notification. DriveNow shall block the PIN without delay.
4. Reservations and conclusion of individual agreements
4.1. Customers may rent DriveNow vehicles without a prior reservation provided that the display on the DriveNow reader in the windscreen of the vehicle in question shows green. Alternatively, the Customer may reserve a vehicle via Customer Service for vehicle use online or by telephone using a free phone number. If a reserved vehicle is not used by the Customer within 15 minutes of the start of the reservation period, the vehicle shall be released again for use by other customers. The reservation period can be extended beyond 15 minutes in return for a fee in accordance with the price list valid at the time of the reservation. This can be viewed at at.drive-now.com. DriveNow shall be entitled to refuse the reservation should there be insufficient DriveNow vehicles to satisfy the number of reservation requests. The Customer may cancel any reservation within the 15-minute reservation period free of charge, or change the reservation to another vehicle subject to availability.
4.2. The vehicle has an on-board computer on which various menus can be operated on a display screen (= DriveNow display) using a control unit on the central console (BMW iDrive). The individual rental agreement shall be concluded when the Customer confirms the booking on the vehicle’s DriveNow display. The period of use chargeable to the user shall also commence at this point.
4.3. The maximum rental period covered by an individual rental agreement shall be 48 hours.
5. Checking the vehicle before the journey commences
Before the journey commences, the Customer shall be obliged to check the vehicle for dirt as well as defects and damage not shown on the damage menu during the registration process. Any defects or damage noticed by the Customer and not shown on the damage menu during the registration process (= new damage) shall be notified by the Customer to the Customer Service using the inbuilt telephone function (calls via the telephone function are free of charge). Customer Service shall decide whether the journey may start despite the damage. It is essential that new damage be reported before the engine is started in order to ensure that the damage is attributed to the person who caused it. Any orders to repair or tow away the vehicle require the prior consent of DriveNow. When the damage menu starts, DriveNow shall remind the Customer of the particular importance of checking the vehicle for new damage and entering it into the damage menu. If the Customer does not enter any new damage, he shall thereby confirm that the vehicle is visually and technically free of defects (apart from the prior damage already entered in the damage menu).
6. Handling and use of vehicles and proscribed methods of use
6.1. The Customer shall handle the vehicles with due care and attention and shall use them in accordance with the instructions in the guide, the operating manual, the vehicle documentation and the manufacturer’s specifications. Before the journey commences, the Customer shall satisfy himself that the vehicle is roadworthy, in particular by visually inspecting the tyres. The Customer shall secure the DriveNow vehicle against theft before leaving it (ensuring windows, sun roof, the electric soft top, if applicable, and doors are closed). The Customer shall comply with road traffic regulations when using a DriveNow vehicle on the road.
6.2. The Customer shall be prohibited from using the vehicle for the following purposes:
6.2.1. For motorsport, in particular for events aimed at the achievement of maximum speed;
6.2.2. For vehicle testing, driving safety training or off-road driving, i.e. roads which are not asphalted, concreted, paved or provided with a similar (compacted) surface material;
6.2.3. For commercial passenger transportation or other conveyance of persons on a commercial basis;
6.2.4. For re-rental or for promotional activities by the Customer;
6.2.5. To commit crimes;
6.2.6. For the transportation of highly flammable, toxic or other hazardous substances;
6.2.7. For transporting objects which may adversely affect driving safety or damage the interior due to their shape, size or weight;
6.2.8. For towing trailers, vehicles or other objects;
6.2.9. For transporting animals, unless they are in a closed cage which is stowed securely in the luggage compartment.
The Customer shall also be forbidden to
6.2.10. Use the vehicle for journeys outside Austria, with the exception of agreements specified as DriveNow partner packages for which the place of fulfilment is a foreign country;
6.2.11. Drive the vehicle under the influence of alcohol (a blood-alcohol limit of 0.0 per cent shall apply), drugs or medication which could impair driving ability;
6.2.12. Transport children who are under the age of 14 and less than 150 cm tall, unless a suitable restraint approved for the age-group (baby carrier, child seat or booster seat) is used for the child. The Customer must follow all the manufacturer’s instructions for installing and dismantling child restraint systems;
6.2.13. Transport children who are under the age of 14 and less than 150 cm tall, or taller, unless they use the safety belt in accordance with the regulations;
6.2.14. Allow the vehicle to become very dirty or to leave behind rubbish of any sort in the vehicle;
6.2.15. Smoke in the DriveNow vehicle or allow passengers to do so.
6.3. Any culpable breach or culpable non-fulfilment by the Customer of a provision pursuant to the above sub-items shall entitle DriveNow to terminate the rental agreement without notice or to rescind the rental agreement. In such cases, claims for damages on the part of the hirer due to this termination or rescission shall be excluded, unless DriveNow is (partially) responsible. A claim for compensation for damage suffered by DriveNow due to a breach of one of the provisions pursuant to the above sub-items shall remain unaffected.
6.4. Furthermore, in the event of a disruption to the rental process or utilisation process (e.g. if the driver opens the vehicle but does not begin the rental by confirming in the start menu within 20 minutes of the vehicle being opened, or if the DriveNow vehicle is not closed properly despite confirmation that the booking has ended), DriveNow Customer Service shall be entitled to contact the DriveNow vehicle by telephone and diagnose the reason for the disruption.
7. Fuelling, fuel card and contractual penalty in the event of improper use
7.1. If the fuel/battery level falls to less than 25 per cent of the total capacity during or at the end of the journey, the Customer may and should refuel/recharge the vehicle. If the refuelling/recharging takes place at certain petrol/charging stations indicated to the Customer on the DriveNow display, the fuel card/charging card located in the vehicle and the PIN shown on the DriveNow display shall be used. At other petrol/charging stations, the Customer shall pay the refuelling/recharging bill himself. The total amount on the invoice shall be reimbursed to the Customer by DriveNow on presentation of the original invoice.
7.2. The Customer shall undertake to use the fuel or charging card and the charging cable exclusively for refuelling/recharging the rented vehicle. DriveNow shall reserve the right to report any other use of the fuel/charging card or charging cable to the relevant law enforcement agencies. The Customer shall undertake to pay a contractual penalty of EUR 500.00 for each inappropriate use of the fuel/charging card or charging cable in violation of the contract. The right to claim further damages shall remain unaffected. Any contractual penalty incurred shall be offset against the claim for damages. Your attention is drawn to the existence of a judge’s right to use discretion with respect to the contractual penalty pursuant to Section 1336 Para. 2 of the Allgemeines Bürgerliches Gesetzbuch (Austrian Civil Code).
8. DriveNow’s liability
8.1. DriveNow shall be liable to the Customer – with the exception of breaches of material contractual obligations – only in cases of intent or gross negligence on the part of its legal representatives and vicarious agents. Material contractual obligations are those obligations which are prerequisites for the proper performance of the rental agreement and on the observance of which the contracting partner ordinarily relies and may rely.
8.2. In the case of slight negligence, DriveNow shall assume no liability for items left behind in DriveNow vehicles (lost property).
8.3. The above limitations of liability shall not apply in the event of personal injury, wilful concealment of a defect, assumption of a guarantee or procurement risk, or as required by the Produkthaftungsgesetz (Austrian Product Liability Act).
9. Customer’s liability, insurance cover and Customer’s excess
9.1. In the event of damage to, or loss of, the vehicle, its accessories or individual vehicle components, or in the event of a breach of contract, the Customer shall be liable in accordance with the statutory provisions. The Customer’s liability shall also extend to incidental losses (fees for experts, towing charges, depreciation, uprating of insurance premiums and – in the case of gross culpability – loss of rental income).
9.2. Liability insurance and limited cover insurance shall be in place for all vehicles (and this can be viewed at the Customer Service centre prior to conclusion of the agreement). In addition, there shall be a limitation of liability in favour of the Customer corresponding to comprehensive vehicle insurance (fully comprehensive insurance) cover. The limitation of liability shall not cover damage arising from improper handling and/or operation of the vehicle, such as incorrect gear shifting, ignoring warning lights, misfuelling for which the Customer is to blame, or the incorrect transportation of goods in the interior of the vehicle. Unless otherwise specified in these Terms and Conditions, the template terms and conditions "Kraftfahrzeug-Kaskoversicherung - Allgemeine Bedingungen 2012_1" or "AKKB" (Comprehensive Motor Vehicle Insurance – General Terms and Conditions 2012_1) issued by the Austrian Insurance Federation shall apply to the aforementioned insurance and limitation of liability.
9.3. Insofar as DriveNow receives payments from insurance or third parties with respect to an insurance claim, these payments shall be offset against the Customer’s obligations to pay damages.
9.4. There shall be no insurance cover and no limitation of the Customer’s liability for the excess in respect of damage brought about intentionally by the Customer or his vicarious agents. In the event of the Customer’s liability in the absence of insurance cover for the vehicle, the Customer shall indemnify DriveNow in respect of liability for associated claims by third parties. In the event of contributory negligence by DriveNow, this shall apply solely to the portion assigned to the Customer.
9.5. Under limitation of liability, the Customer shall be liable for losses by DriveNow up to the amount of the agreed excess of EUR 750.00 exkl. VAT per claim. In order to reduce the amount of the excess, the Customer shall have the option to pay a fee for a damage waiver.
9.6. If damage was brought about through gross negligence, the Customer shall be fully liable for all damage caused by him above and beyond the excess.
9.7. In order to reduce the amount of the excess, the Customer shall have the option to pay a fee for a damage waiver before the journey commences.
9.8. Insofar as DriveNow suffers damage in the event of a culpable breach by the Customer of the regulations governing use of the vehicle in accordance with item 6, the Customer shall be fully liable for all damage arising from this violation above and beyond the excess. However, the Customer shall be liable for lost profit only in the event of gross negligence.
9.9. The Customer shall be fully liable for any infringements of the law by him, in particular for infringements of road traffic or administrative regulations during the period of use or in connection with parking the vehicle. The Customer shall undertake to indemnify DriveNow in respect of all penalty and warning fines, fees, costs and other expenses imposed on DriveNow by authorities or other bodies as a result of the aforementioned infringements by the Customer. To offset the administrative costs incurred by DriveNow for processing enquiries sent to DriveNow by law enforcement authorities in the investigation of administrative offences and crimes committed during the rental period, DriveNow shall receive per case a flat-rate fee for expenses, commensurate with the actual expenses, in accordance with the price list valid at the time of the rental and accessible at at.drive-now.com at that time, unless the Customer can prove that DriveNow has incurred no or fewer costs. If suitable proof is presented, DriveNow shall remain entitled to assert a claim for further damage. The flat-rate fee for expenses shall be offset against the claim for damages.
9.10. There shall be no right in respect of the contractual limitation of liability if an obligation to be fulfilled by the Customer has been intentionally violated, in particular in the event of a breach of his duties arising from item 10. In the case of a grossly negligent violation of an obligation to be fulfilled by the Customer, there shall also be no right in respect of the contractual limitation of liability. Notwithstanding this, the agreed excess of EUR 750.00 excl. VAT per claim shall remain applicable insofar as the violation of the obligation is the cause neither of the claim event nor of the assessment or extent of the damage to DriveNow; this shall not apply if the obligation was wilfully violated.
10. Duties in the event of accidents, damage, theft, destruction or other loss of the vehicle
10.1. DriveNow must be informed by telephone without delay of accidents, damage, theft, destruction or other loss of the vehicle. The Customer shall be obliged to ensure that all necessary, reasonable steps are taken to minimise damage and preserve evidence. To this end, the Customer shall report all damage to the police. Even if the damage is to property only, the location of the nearest police station shall be requested for the purposes of recording the accident report within the meaning of Section 4 Para. 5a of the StVO (Austrian road traffic regulations). This shall also apply in the event of minor damage or accidents caused by the driver himself without the involvement of third parties. Should the police refuse to record the accident, the Customer shall provide DriveNow with proof of this in a suitable format (e.g. written confirmation by the police, or details, including day and time, of which police station was informed by telephone but declined to record the damage). If no third party was harmed as a result of the accident or if – in the event of damage to property only – it was possible to exchange details with the injured third party within the meaning of Section 4 Para. 5 of the StVO, as an exception there shall be no need to inform the nearest police station, provided that the vehicle has sustained only minor damage to its paintwork (scratches, etc.). However, the Customer shall always be obliged in such cases to notify DriveNow without delay of the damage, and submit an accident report in accordance with item 10.5. If the vehicle was damaged by an unknown third party (damage to parked vehicle or hit-and-run accident), the Customer shall inform the nearest police station without delay in every case, and request that the damage be recorded even if the damage is minor.
10.2. Subject to item 10.1, the Customer may leave the scene of the accident only if
10.2.1.The police record has been completed and
10.2.2. The vehicle has been entrusted to a towing service or
10.2.3. Left inside the operational area by arrangement with DriveNow. The journey may be continued only with the express permission of DriveNow.
10.3. These duties of the Customer shall not apply if he is excused or entitled to leave the scene of the accident due to injuries caused during the accident to one of the persons involved.
10.4. Should the vehicle no longer be operable or roadworthy, the Customer shall meet all the costs arising from the recovery of the vehicle if he himself was to blame for the accident. Even in the event of an accident, the rental agreement shall come to an end only once the vehicle has been properly returned within the meaning of item 11, and the fees for usage shall be calculated accordingly. If the vehicle is no longer operable or roadworthy due to the accident, the rental agreement shall end by arrangement with DriveNow when the vehicle is entrusted to the towing service.
10.5. Furthermore, the Customer shall be obliged to send a written account of the accident to DriveNow immediately and, subject to item 10.1, to provide the police file number. All instructions issued by DriveNow’s service centre must be followed. The Customer shall be prohibited from admitting guilt or anticipating settlement of any liability claims by making payments or otherwise acting in a manner acknowledging culpability and/or damage (jeopardising the insurance cover). At the request of DriveNow, the Customer shall complete the claim form given to him by DriveNow and return it signed to DriveNow within five days. If the claim is not settled by the insurer because the Customer was at fault in returning the form too late, DriveNow shall reserve the right to charge all the costs resulting from the accident to the Customer.
10.6. DriveNow shall be entitled to choose the repair workshop in all cases. DriveNow shall be entitled to compensation in connection with damage to DriveNow vehicles in all cases. If the Customer has received such compensation from third parties, he shall pass them on to DriveNow without being requested to do so.
11. End of the individual rental agreement and return of the vehicle
11.1. The Customer shall end the rental transaction by leaving the vehicle in an orderly manner and in accordance with the StVO (road traffic regulations) in a chargeable or non-chargeable permitted parking place in an area open to public traffic in the DriveNow operational area in the town of rental, and by ending the booking transaction in the vehicle using "End booking" and by holding the DriveNow-ID to the DriveNow reader or ending it via the mobile application. The rental agreement shall end when the light on the DriveNow reader in the windscreen changes from red to green. The Customer shall receive information about the boundaries of the operational area and the permitted parking areas from the DriveNow display in the vehicle and via the DriveNow website, at.drive-now.com, or the mobile application.
11.2. The Customer shall undertake not to end the rental on private or business premises, unless they are expressly indicated as DriveNow parking areas. This prohibition shall apply particularly to the customer parking areas of shopping centres and supermarkets, which are indicated as such. The DriveNow vehicle shall be accessible to anyone at any time following its return. Should it prove necessary for DriveNow to move the vehicle or for a towing service to be ordered, the Customer shall be charged for this service in accordance with the current price list accessible at at.drive-now.com at that time, unless the Customer can prove that DriveNow has incurred no or fewer costs.
11.3. The Customer may leave the DriveNow vehicle in areas where the right to park is restricted to certain days or times (e.g. No Waiting areas with additional signs such as "07:00-17:00" or "Monday 06:00 to 12:00") only if the restriction is next effective at least 48 hours after the vehicle is left. This shall also apply to traffic bans which have already been arranged and announced but have not yet come into operation (e.g. temporary parking bans due to events or relocations). The Customer shall bear the costs of any fines or towing operation in the event of a culpable breach of these duties.
11.4. If the ending of the rental transaction fails because no mobile phone connection can be established, the Customer shall move the vehicle and try once more to end the transaction. If the Customer leaves the DriveNow vehicle without ending the rental transaction properly, then the rental agreement and the charging of fees for usage shall continue.
11.5. If the ending of the rental transaction fails for any technical reason, the Customer shall be obliged to report this to the customer service centre immediately in order to arrange further action with the call centre. If the Customer is not responsible for the inability to end the rental transaction, the additional rental costs incurred shall be reimbursed.
11.6. If, according to the information in the DriveNow display menu, the vehicle may be returned outside the operational area, the rental agreement shall end when the Customer has left the vehicle in a permitted parking area which is free of charge and the Customer has informed DriveNow of the vehicle’s location. In such cases, the Customer shall be obliged to pay to DriveNow a flat-rate travel fee (in accordance with the price list accessible at at.drive-now.com at that time), the amount of which shall be shown to the Customer on the DriveNow display if the vehicle is returned outside the operational area.
11.7. When the rental transaction has come to an end, the vehicle shall show that its remaining range is at least 15 km. The remaining range can be read from the on-board computer. This shall apply in particular to diesel and electric vehicles, which must not be run empty. In the event of a culpable breach by the Customer of this obligation, the Customer shall bear any additional costs incurred in transferring the vehicle to a refuelling or recharging point and any repair costs.
11.8. The proper return of the vehicle shall be conditional upon the following.
11.8.1. The inside of the vehicle shall be in a clean condition. If the vehicle is returned in a very dirty condition (particularly if there is vomit), or if there is rubbish of any kind in the DriveNow vehicle, the Customer shall bear the costs of cleaning in accordance with the price list applicable at the time of the rental and accessible at at.drive-now.com at that time. If the Customer can prove that DriveNow’s expenses were lower, the costs to be borne by the Customer shall be reduced accordingly. If DriveNow can prove that the actual expenses were higher, these shall be invoiced to the Customer.
11.8.2. The vehicle shall be properly secured against theft and closed using the access medium on the DriveNow reader in the windscreen of the vehicle. In particular, doors, windows and sunroof must be closed, the steering-wheel lock engaged, and the lights switched off. This shall not apply if the vehicle has to be illuminated in accordance with Section 60 Para. 3 of the StVO. In this case, the required headlights (normally the parking lights or sidelights) shall be left on. The roofs of convertibles must be fully closed.
11.8.3. The vehicle must be returned with all the documents provided, including fuel cards, parking cards and parking permits.
11.8.4. None of the vehicle’s equipment or accessories which were present at the start of the rental transaction may be absent at the end of the transaction.
11.9. If the Customer contests the evaluation made by DriveNow of the losses for which the Customer is to pay compensation, he shall be entitled to seek within a period of four weeks the opinion of a suitably qualified expert who is approved by a court. If the expert’s opinion is that the damages should be lower, this amount shall be payable immediately in every case. The parties shall endeavour to reach a mutually acceptable solution with respect to any difference between the amounts. If this is not possible within a further four weeks, DriveNow shall be entitled to seek judicial clarification. In the event of such an agreement, or a judicial ruling that the damages calculated by the Customer’s expert were correct (and therefore the value calculated by DriveNow was incorrect), DriveNow shall reimburse the Customer for the appropriate and reasonable cost of the expert. If the established amount of damages falls between the values calculated by DriveNow and the Customer’s expert, costs shall be reimbursed as a percentage ratio of the difference between each value and the result definitively established. DriveNow’s right to bring a claim for damages before a court if the Customer does not seek the opinion of an expert shall remain unaffected by this provision.
12. Charges and payment terms
12.1. DriveNow shall bill the Customer with the charges for using the vehicle in accordance with the price list which was valid at the time of the individual rental and presented to the Customer, the price list being accessible on the Internet at at.drive-now.com at that time. The current price list can be viewed on the Internet at at.drive-now.com. DriveNow shall be entitled to amend the price list at any time for future rentals and shall publish the current price list on the Internet.
12.2. The rental price including statutory value-added tax shall be payable at the end of the agreed rental period. Payment shall be made by the payment method selected by the Customer (credit card, prepaid credit card or SEPA direct debit). The invoice shall be sent automatically by e-mail no later than 10 days after the end of the individual rental agreement. If the statutory conditions are satisfied, electronic invoices shall entitle the Customer to deduct input tax.
12.3. If the Customer pays by credit card, he shall be obliged to provide security (a deposit) at the start of the rental period in order to fulfil his duties. DriveNow shall be under no obligation to hold the deposit separately from its assets. No interest shall be paid on the deposit. DriveNow may also assert its entitlement to payment of a deposit for an extended period after the start of the rental agreement. Unless otherwise agreed, the rental amount, all other charges agreed and the security (deposit) shall be charged to the Customer’s credit card. Instead of charging the Customer’s credit card, DriveNow may have the deposit amount blocked for its benefit as a so-called dealer request from the credit limit set for the Customer’s credit card by the credit card institution.
12.4. If payment is made by SEPA direct debit, the Customer shall ensure that he has sufficient funds in his current account as soon as he receives the invoice.
12.5. In the event of default, the Customer shall owe statutory default interest (4 per cent per annum) and handling costs. The right to claim further damages for default shall remain unaffected.
12.6. If a DriveNow vehicle is removed by the authorities in accordance with Section 89a of the StVO ("Abschleppung" = towed away), DriveNow shall be under no obligation to lodge any appeal against the costs stipulated for the removal and safekeeping of the DriveNow vehicle and/or against any penalties imposed.
12.7. The following shall apply to payment by SEPA direct debit.
12.7.1. Payment by SEPA direct debit shall be conditional upon a successful credit check by Billpay GmbH (Charlottenburg District Court, HRB 122 029B, Zinnowitzer Str. 1, 10115 Berlin, Germany, www.billpay.de/at/endkunden-at) and the factoring company that works as a service provider with Billpay, net-m privatbank 1891 AG (Dusseldorf District Court, HRB 68452, Odeonsplatz 18, 80539 Munich, Germany, www.privatbank1891.com), and on a current account being operated in Austria. If the Customer is permitted to use direct debit for certain services following a credit check, payment shall be processed in conjunction with Billpay GmbH and the factoring company that works with Billpay, net-m privatbank 1891 AG. The General Terms and Conditions of Business of Billpay GmbH shall apply for Austria (www.billpay.de/at/datenschutz-at).
12.7.2. If payment is by SEPA direct debit, the amounts shall be payable immediately.
12.7.3. Even when payment is by SEPA direct debit, DriveNow shall remain responsible for general customer queries (e.g. regarding product, delivery time, dispatch), returns, complaints, explaining and sending cancellations, and credit notes.
12.7.4. The Customer shall grant net-m privatbank 1891 AG (Dusseldorf District Court, HRB 68452, Odeonsplatz 18, 80539 Munich, Germany, www.privatbank1891.com) authorisation, which may be withdrawn at any time, to debit payments to be made by the Customer by SEPA direct debit from the current account indicated by the Customer when the Master Agreement was concluded or when the Master Agreement was subsequently amended. The Customer shall provide net-m privatbank 1891 AG with a SEPA direct debit mandate to collect any payments due and shall instruct his financial institution to honour the direct debits. Billpay GmbH’s creditor identification number is DE19ZZZ00000237180, and net-m privatbank AG’s is DE62ZZZ00000009232.
12.7.5. Consequently, DriveNow shall assign its claims arising from the rental agreement to net-m privatbank AG. The Customer can refer only to net-m privatbank AG with regard to the discharge of its debts.
12.7.6.By giving his current account number, the Customer shall confirm that he is entitled to use SEPA direct debit via this current account. He shall be expressly reminded of this when he gives his current account number.
12.7.7. If the amount collected is reversed by the bank and if responsibility for this situation lies with the Customer, the Customer shall pay the costs arising from the rejected direct debit.
12.7.8. Once the Customer is in default, a fee shall be levied for each dunning notice corresponding to the additional expense thus incurred by DriveNow. This fee can be found on the price list valid at the time of the rental and accessible on the Internet at at.drive-now.com at that time. The Customer shall be permitted to furnish proof that no dunning charges have been incurred at all, or that the fees that have been incurred are lower than the flat rate stated.
12.7.9. In the event of a direct debit being rejected due to insufficient funds in the current account, a failure to provide notification of the closure of the account, or an unauthorised rejection by the account holder, the Customer shall authorise net-m privatbank 1891 AG to submit the SEPA direct debit one more time for the amount payable. The right to make further claims shall be reserved.
12.7.10. In view of the expenses and costs associated with rejected direct debits, and in order to avoid the handling fee, the Customer is requested not to refuse a SEPA direct debit if he has a complaint, but to seek an explanation from DriveNow in the first instance. If there are grounds for the complaint, the payment received shall be refunded to the Customer or a credit note shall be issued.
12.8. The Customer shall authorise DriveNow to debit the account (credit card, prepaid credit card or current account) he gave during his first rental for all subsequent rentals by him as well as for any other payments owed by the Customer arising from or in connection with the rental (such as registration fee, flat-rate fee for expenses in the event of infringements of traffic regulations, toll-related offences, contractual penalties, etc.). The Customer may withdraw this authorisation at any time in writing. If the Customer provides no new account details upon cancellation, DriveNow shall be entitled to end the agreement concluded with the Customer with immediate effect.
13. Electric vehicles
13.1. Electric vehicles are equipped with a charging cable located in the luggage compartment. Before the journey commences, the Customer shall check whether this charging cable is present. The Customer shall report the absence of a charging cable to Customer Service as new damage using the in-built telephone function (see item 5).
13.2. Electric vehicles have limited ground clearance. This should be noted during use, for example, when entering underground car parks or negotiating obstacles, or else the vehicle may be damaged. Overloading the vehicle should also be avoided for the same reason (maximum payload of 260 kg including passengers).
13.3. In the event of an accident, the Customer shall make the police/fire service aware that an electric vehicle has been involved in the accident.
13.4. Electric vehicles make no operating or engine noise. They therefore go unnoticed by pedestrians, and hence the driver needs to pay greater attention.
14. Deployment of a service technician
If a service technician needs to be deployed due to inappropriate use of the vehicle or inappropriate method of access by the Customer, the Customer shall be billed in accordance with the current price list accessible at at.drive-now.com at that time, unless the Customer can prove that DriveNow has incurred no or fewer costs. DriveNow may request compensation for further damage if it can prove that the level of the damage is not covered by the costs shown in the price list. Any limitation of liability with respect to the amount of the excess shall not apply in the event of incorrect operation by the Customer for which he is to blame.
The Customer may offset against claims asserted by DriveNow only those claims which have a legal connection with the Customer’s obligations, have been established by a court, or have been acknowledged by DriveNow. In the event of DriveNow becoming insolvent, the Customer shall be entitled to offset other claims in addition.
16. Amendments to the Terms and Conditions
DriveNow shall be entitled to amend the Terms and Conditions for future individual rental agreements insofar as the amendments are acceptable to the Customer. The Customer shall be notified of amendments to the Terms and Conditions at least two months in advance in writing, by e-mail or by some other suitable method. Unless the Customer raises an objection in writing or by e-mail, the amendments shall be deemed approved and binding with respect to any existing contractual relationship when the amendments enter into force. This consequence shall be emphasised to the Customer when DriveNow announces the amendments. Any objection by the Customer shall be sent to DriveNow within one month of announcement of the amendments.
17. Duration of the Master Agreement, termination and blocking
17.1. The DriveNow Master Agreement shall be concluded for an indefinite period and may be terminated by either party in writing subject to a notice period of six weeks to the end of the quarter. However, if the Customer has concluded a damage waiver along with the Master Agreement, the DriveNow Master Agreement may not be duly terminated by either contracting party before expiry of the damage waiver. The right of the contracting parties to extraordinary termination of the DriveNow Master Agreement, particularly due to serious breaches of contract rendering continuation of the agreement unacceptable, shall remain unaffected. If the Customer has concluded a damage waiver, in the event of the termination by DriveNow of the DriveNow Master Agreement without notice, he shall have no right to a pro rata temporis refund of the payment made for the damage waiver, unless DriveNow is responsible for the reason for termination which renders continuation of the agreement unacceptable. The access medium shall be blocked when the Master Agreement comes to an end.
17.2. If the Customer is in default of payment, in the event of culpable violations by the Customer of the duties arising from item 6 or other culpable breaches of contract by the Customer, DriveNow may temporarily exclude the Customer with immediate effect from use of the vehicles and block the access medium. The Customer shall be notified of the exclusion by e-mail without delay.
18. Customer's duty to provide information
The Customer shall be obliged to inform DriveNow without delay of any change to his postal address, e-mail address, mobile phone number, account details (credit card, prepaid credit card or current account), or any restriction on his right to drive (see item 2.4). In the event of a culpable breach of these duties by the Customer, he shall be liable for any losses arising from the use of outdated or incorrect customer data.
19. Data protection and use of personal data
19.1. As the client within the meaning of the Austrian Datenschutzgesetz (DSG 2000 – Data Protection Act), DriveNow shall be entitled to collect, process and use the personal data provided by the Customer, including customer-related usage and vehicle data (which includes data used to locate the vehicle), to the extent required for the purposes of executing the DriveNow Master Agreement and the individual rental agreements, and to store this data for as long as is necessary in order to comply with the associated statutory provisions or to defend any potential claims by third parties or the Customer.
19.3. The individual rental transactions shall be captured with the starting point, destination, start time and destination time, duration of use and number of kilometres driven, then processed, stored and listed on the invoice.
19.4. DriveNow uses Google Maps API applications (item 19.3) to determine the current location of the vehicle as well as to show the nearest freely available vehicle. These applications are essential for the proper functioning and full provision of all DriveNow services. The use of Google Maps allows DriveNow to establish the current location of vehicles and to show customers the nearest, freely available vehicle. Destination, start time, destination time and duration of use are also captured. This information is not passed to Google in such a way that it can be related to a person. All location data is anonymised before it is transmitted to Google.
19.5. The rented vehicles are used as "mobile traffic detectors" through the use of floating car data (FCD). The vehicles’ individual position and sensor data calculated during the journey are anonymised and transmitted to the BMW ConnectedDrive control centre together with the current time data. The road traffic information service including FCD can be deactivated if the Customer requests DriveNow to do so.
19.6. In order to manage the agreements concluded, DriveNow shall be entitled to use data-protection service providers other than those listed above and to send the Customer’s personal data to these service providers for this purpose. In particular, data shall be sent for these reasons to DriveNow GmbH & Co. KG, Barer Strasse 1, 80333 Munich, Germany.
19.7. DriveNow shall also use the personal data provided by the Customer, in particular his e-mail address, to send the Customer information about, or advertisements for, similar products and services from DriveNow and its associates or partners. The Customer has the right to object to such use of his e-mail address or (electronic) messages at any time without stating his reasons. The objection can be registered by clicking on a link present in every electronic message, or by sending an e-mail to email@example.com, or by post.
19.8. You can find additional data protection provisions for the websites www.drive-now.com and www.drive-now.at at at.drive-now.com.
19.9. DriveNow shall have the right to pass the Customer’s name, postal address and rental dates to the relevant authorities in response to a justified official request (e.g. in the context of a request by the authorities for information from a permit holder concerning who was driving a vehicle at a given time, known in Austria as a "Lenkererhebung"), and to third parties in the event of any alleged infringement of the rights of those third parties (e.g. acts of trespass).
20. General provisions and place of jurisdiction
20.1. The commercial relationship shall be subject to Austrian law.
20.2. The sole place of jurisdiction for all current and future claims arising from commercial relations with businesses shall be Vienna – Innere Stadt. The same shall apply if the Customer has no general place of jurisdiction in Austria, or if he moves his residence abroad following conclusion of the agreement.
20.3. No subsidiary agreements have been made verbally. All amendments and additions to this agreement shall be made in writing; e-mail is also acceptable.