DriveNow carsharing

General Terms and Conditions of DriveNow GmbH & Co. KG

Issue date October 2018

 

1. Subject and right to make amendments

1.1 These general terms and conditions of (hereinafter known as GTCs) regulate the business relationship between DriveNow GmbH & Co. KG (hereinafter known as DriveNow) and persons who wish to use the vehicle rental offering of DriveNow (hereinafter known as Users).

1.2 The GTCs shall apply to the blanket contract which is created when the User registers with DriveNow. Furthermore, the GTCs shall apply to the driving licence check and to the individual rental contract which is then concluded. The GTCs shall not create any entitlement to conclude individual rental contracts.

1.3 DriveNow shall be entitled to amend the GTCs for future business relationships if law changes, legal precedents, changes in financial situations or developments to the business model require such amendments and they are reasonable for the User. The User shall be notified promptly in writing or by email of any amendments to the GTCs. The amendments shall be deemed to have been approved and binding for any existing contract if the User does not object to them to DriveNow in writing or by email within one month after being notified of the amendments. The date on which the objection is sent shall be decisive. The User's attention shall be drawn to the form of the objection and the consequences of failing to react to notification from DriveNow relating to amendments.

 

2. Users

DriveNow shall regard Users as private individuals or legal entities and unincorporated companies. Legal entities and unincorporated companies shall be known in the following as “business customers” in the following for the sake of ease.

 

3. Conclusion of the blanket contract and requirements for use

3.1 The conclusion of the blanket contract by the registration of the User is the first requirement for renting vehicles.

3.2 DriveNow shall only accept people as Users who are at least 21 years of age, have held a licence required in Germany to drive a motor vehicle (for example a driving licence of class B) without interruption for at least one year and who satisfy all the conditions and provisos contained therein.

3.3 The registration of the User must be completed online on the DriveNow website or using the DriveNow app. After entering the required details, the User must click on "Purchase and set up account" or a similar button to conclude the blanket contract and end the registration process. The User shall ensure that the residential or business address registered with DriveNow is a current registered address. Furthermore, the User undertakes to keep the other details, such as an email address, mobile phone number, bank account details and restrictions relating to a driving licence, up to date. If DriveNow finds that this is not the case, DriveNow shall be entitled to disable the account.

This version of the current GTCs, which shall be available online and can be saved and printed at any time, shall apply to the blanket contract.

3.4 To prevent multiple registrations, the User may only create one registration in his own name. Any multiple registration shall be refused in the form of an error message or in writing either by email or mail.

 

4. DriveNow account, electronic vehicle key and personal PIN

4.1 On conclusion of the blanket contract, the User shall be sent access data for his DriveNow account.

4.2 After the driving licence check described in Number 5, the DriveNow customer account shall be enabled for using DriveNow services. The customer account shall be used in the form of an electronic vehicle key and may be used with a DriveNow customer card or the DriveNow app. DriveNow shall remain the owner of the electronic vehicle key.

4.3 The PIN entered by the User during the registration process shall act as a DriveNow PIN with which the User can authenticate himself when renting a vehicle.

4.4 The User may not pass on his DriveNow customer card, DriveNow PIN or the access data for his DriveNow account to third parties, in particular not to aggregation platforms, and must keep them safe and protected from access by unauthorised third parties. Written records of the PIN must not be kept in the immediate vicinity of the DriveNow customer card and must not be kept in the vehicle or noted on a driving licence. DriveNow shall never ask the User for his DriveNow PIN or user name and password.

4.5 DriveNow must be notified without delay of the loss, damage or destruction of the DriveNow customer card. The same shall apply to the loss of the access data to the DriveNow account. The User may contact DriveNow using the Customer Service Hotline or by email to service@drive-now.com for this purpose.

4.6 The DriveNow account is non-transferable and all rights to the account shall become null and void on the death of the User or the termination of the blanket contract.

4.7  To enable companies and their employees to complete and bill business trips using DriveNow, DriveNow provides companies with the opportunity to open a DriveNow company account. To enable DriveNow business trips to be completed for their company, the employees of this company may link their own DriveNow customer account to the company’s DriveNow business account. The company may apply for one or more personalised administrative accounts for its DriveNow business account. This will provide employees of the company with an administrative account to manage the employees linked to the DriveNow business account.

 

5. Driving licence check

5.1 DriveNow shall conduct a driving licence check before a vehicle is rented for the first time and thereafter at regular intervals, generally every year. Furthermore, however, DriveNow shall be entitled to conduct a driving licence check that any time.

5.2 If a User's driving licence is a non-EU/EEA driving licence, the driving licence check described in Numbers 5.1 and 5.3 shall take place every six months. Furthermore, however, DriveNow shall be entitled to conduct a driving licence check that any time.

The EU confirmation stamp shall be exclusively accepted as verification that the non-EU/EEA driving licence is valid. If the User cannot provide this verification, DriveNow reserves the right to refuse the User to rent any more vehicles until the required verification can be provided.

5.3 The driving licence check shall generally take place online on the DriveNow website or app, if necessary with a service provider completing the check. In the event that a service provider is used, the User’s personal data shall only be sent to said provider for the purposes of checking his driving licence. DriveNow shall only be sent the result of the check by the service provider after it has taken place. The User shall be notified of any non-validation and shall then be referred to the DriveNow Customer Support Department. However, the driving licence check may also be completed in one of the registration stations published on the DriveNow website.

5.4 The User undertakes to notify DriveNow of any circumstances which result in a restriction to his driving licence. Such circumstances may include a suspension or restriction, a court of official driving ban or the temporary seizure or confiscation of his driving licence. These circumstances result in his entitlement to drive a vehicle being suspended or terminated. In these cases, the User may not rent a vehicle.

 

6. Reservations, opening the vehicle and individual rental contracts

6.1 The rental of a vehicle shall only be permitted if the User has a current driving licence. Furthermore, the maximum rental period of a vehicle shall generally be 24 hours unless the User has booked an hourly or daily package. Vehicles on which an hourly or daily package has been booked, may be used for a maximum of 24 hours in addition to the rental period of the booked package. The User shall not be entitled to use multiple booked hourly or daily packages for the same vehicle without limit and without a break. Therefore, a maximum of three hourly or two daily packages may be booked consecutively for the same vehicle.

6.2 The User shall be entitled to rent a vehicle either with or without a prior reservation. If a vehicle has been reserved using the DriveNow app, it shall be held for the User for 15 minutes in the event of a free reservation or for a maximum of eight hours for a reservation involving a payment. In this case, DriveNow shall not be entitled to rent the reserved vehicle to another customer.

6.3 A vehicle may be reserved using the DriveNow app free of charge for 15 minutes. If an individual rental contract is not concluded during this period, DriveNow shall be entitled to release the vehicle for another user. To reserve a vehicle free of charge, the User must click on the "Reserve" or equivalent button. This offer to reserve a vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a written declaration. A maximum of three consecutive reservations free of charge may be made without a vehicle being rented with payment. For the fourth reservation, the User undertakes to rent the vehicle with payment. If this reservation is completed without the vehicle then being rented, the User account shall then be disabled. DriveNow shall be entitled to re-enable the User account if once it has been clarified whether the User account has been misused. In the event of doubt, the User account shall remain disabled.

6.4 A vehicle may be reserved with payment for more than 15 minutes using the DriveNow app. DriveNow shall charge a fee based on the tariff list in force at the time of the reservation for this type of reservation. To reserve a vehicle with payment, the User must click on the "Reserve with payment" or equivalent button. This offer to reserve a vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a written declaration.

6.5 The vehicle can be opened by the User using either his DriveNow customer card or the DriveNow app. The User undertakes either to rent or leave the vehicle immediately after it has been opened.

6.6 The User and DriveNow shall conclude an individual rental contract for every use of a vehicle. For this purpose, the User must enter his PIN on the screen in the vehicle or in the app or legitimise himself using another authentication facility provided by DriveNow. After legitimation, the User must click on the "Start rental" button or an equivalent button on the vehicle's screen. When the PIN is entered using the app, the “Start rental” button may be replaced by the last number of the PIN or the touch / face ID function. This offer to reserve a vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a written declaration.

6.7 The period of usage for which payment must be made shall commence once the individual rental contract has been concluded.

6.8 In the event of problems in the procedure, DriveNow may use the personal details filed by the User to contact him by phone, email or push message to determine the cause of the problem and issue further instructions.

 

7. End of the individual rental contract and return of the vehicle

7.1 The individual rental contract may be terminated at any time either by the User or by DriveNow by means of a declaration to this end. After the termination of the individual rental contract, the vehicle must again be free accessible for anybody.

7.2 To terminate the individual rental contract, the User must hold his DriveNow customer card against the reading unit on the windscreen until the lamp on the unit changes from red to green or terminate the rental using the DriveNow app. Termination is also possible using the "Customer Handshake" function which transfers the vehicle to a subsequent user.

7.3 The termination of the individual rental contract must only take place within the boundaries of the rental territory on the car parks approved for this purpose. The approved car parks are set out on the DriveNow website in the parking rules for the relevant rental territories. Other approved car parks may be identified by appropriate signage.

7.4 The individual rental contract may also be terminated with explicit permission within the rental territory or in marked satellites. In this case additional costs may be incurred on the basis of the tariff list in force at the time of rental.

7.5 The User may only park the vehicle in areas with daily or time parking restrictions (for example no stopping area with additional signage such as “7 am to 5 pm” or “Monday 6 am to 12 noon”) if the restriction does not come into force until 48 hours after the vehicle has been parked. This shall also apply to traffic bans which have already been ordered but which have not yet come into force, for example temporary parking bans due to events or relocations.

7.6 If the termination of the rental contract fails, for example because a mobile phone connection cannot be established, the User must repark the vehicle and make another attempt to terminate the contract. If the termination of the rental contract fails again even after reparking, the User may call the Customer Service Hotline and terminate the rental contract by telephone.

7.7 When the rental contract is terminated, the fuel tank or charge status of the vehicle must have a remaining range of at least 15 km according to the display on the on-board computer.

7.8 The User must secure the vehicle adequately to prevent its theft before parking it. The windows, sunroof, soft top and doors must be locked, the steering wheel lock engaged and the lights switched off. The vehicle must also be returned with all the documents supplied with it, including all the fuel, charging, bonus, partner and parking cards in the vehicle at the time of its rental and these may only be used for the intended purpose, for example to refuel/charge the vehicle. DriveNow reserves the right to report any other use of these cards or accessories to the relevant criminal prosecution authorities. No equipment or accessory items (for example vehicle folder, warning triangle or child booster cushions) from the vehicle may be removed.

 

8. User's duties when renting the vehicle

8.1 The User must not permit other people to drive the vehicle he has rented. In certain exceptional circumstances, the User may permit a passenger or another third party to drive the vehicle. An exceptional circumstance of this nature must not be caused maliciously or by gross negligence and requires the consent of DriveNow. The User undertakes to ensure that he is capable of driving the vehicle for the rental period when he rents the vehicle. An exceptional circumstance may in particular include the impairment of the User's ability to drive through health or exceeding the provisions of the Driving and Rest Time Regulation. In these circumstances, the User undertakes to check the third party before allowing them to drive the vehicle and must in particular ensure that the third party satisfies the criteria set out in Number 3.3 relating to minimum age and driving licence.

8.2 The User undertakes to check the vehicle before starting a journey for dirt and for defects and damage which are not listed in the damage menu on the login process. The User must report any defects and damage visible to the User which are not listed in the damage menu on the login process (= new damage) to the Service Centre. The Service Centre shall decide whether the User may start the journey despite the damage. All new damage must be reported before starting the engine to ensure that the person who caused the damage can be identified correctly. If the User does not report any new damage, the vehicle shall be deemed to be optically and technically in perfect condition (with the exception of the damage already entered in the damage menu). Before starting a journey, the User must also ensure that the vehicle is roadworthy, particularly by making a visual inspection of the tyres. If the rented vehicle is an electric vehicle, the User must also check that there is a charging cable in the vehicle.

8.3 The User must obey the Road Traffic Act and must treat the vehicle with care and caution and use it as set out in the instructions in the handbook, the owner's manual, the vehicle documents and the manufacturer's specifications.

8.4 The User must not use the vehicle for the following purposes:

8.4.1   For motorsport purposes, particularly for events which involve achieving a top speed,

8.4.2   For vehicle tests, driver training and driver safety training and for driving off metalled roads,

8.4.3   For the commercial carriage of people and for other commercial personal transport purposes,

8.4.4   For sub-rental or for the User's publicity purposes,

8.4.5   To commit criminal acts, even if they are only punishable with a fine at the location of the crime,

8.4.6   To transport highly inflammable, toxic or other hazardous substances,

8.4.7   To transport items which may adversely affect driving safety or may damage the interior or exterior of the vehicle as a result of the form, size or weight,

8.4.8   To tow trailers, vehicles or other items,

8.4.9   To transport animals unless they are in a closed cage which is safely stowed in the boot or a suitable animal blanket is used. The exceptions shall not apply if the reserved vehicle is a convertible.

The User must also not do the following:

8.4.10  Use the vehicle for journeys outside Germany, except for partner offers, for example the Hochzillertal skiing package in which the place of fulfilment is in another country,

8.4.11  Drive the vehicle under the influence of alcohol (blood alcohol limit of 0), drugs or medication which could adversely affect one's ability to drive,

8.4.12  Transport children under the age of 12 or less than 150 cm in height unless suitable, age-approved restraints (baby seat, child seat or booster cushion) are used for the child. The User must follow all the manufacturer's instructions for installing and removing child restraint systems,

8.4.13 Excessively soil the DriveNow vehicle or leave refuse of any kind in the vehicle,

8.4.14 Smoke in the DriveNow vehicle or allow passengers to smoke in it,

8.4.15 Remove vehicle accessories from the vehicle unless this involves the intended use of the cards as described in Number 7.8 and the emergency equipment (high visibility jackets, First Aid kit, etc.),

8.4.16 Overload the vehicle or transport more people in the vehicle than there are seats with seat belts in it,

8.4.17 Complete repair work on the vehicle or install parts on the vehicle or remove installed parts or to engage third parties to do such work,

8.4.18 Disable the passenger airbag unless this is done to protect children or infants who are being transported using a booster cushion or to comply with safety instructions when using a baby seat. The passenger airbag must be re-enabled at the end of the usage period.

 

9. User's liability, insurance cover and excess

9.1. All DriveNow vehicles are covered by a motor liability insurance policy with the minimum insured sums required by law.

9.2. The User shall accept liability for damage to the rented vehicle under the statutory regulations unless the User is not responsible for the breach of duty.

9.3 The liability of the authorised User resulting from accident damage to the rented vehicle shall be excluded by the payment of a separate, additional charge in the form of a contractual Indemnification. This contractual indemnification shall be similar to that for fully comprehensive insurance. In this case, liability for accident damage, notwithstanding the following provisions, shall only amount to the agreed excess, currently EUR 350.00. The User shall not be entitled to any contractual indemnification if the damage was caused maliciously. If the damage was caused by gross negligence, DriveNow shall be entitled to reduce its indemnification proportionately to the severity of the User's culpability. A claim for contractual indemnification shall also not apply if a duty to be fulfilled by the User, particularly one of those described in § 3, 4, 8 and 10 of these General Terms and Conditions, has been breached maliciously In the event of a grossly negligent breach of a duty to be fulfilled by the User, DriveNow shall be entitled to reduce its payment for the indemnification in proportion to the severity of the culpability with the User bearing the burden of proof to show that no gross negligence was involved. Contrary to the provisions set out in the two previous sentences, DriveNow shall be obliged to provide indemnification if the breach of the duty was not the cause of either the occurrence of the indemnification case or for the establishment or the scope of the indemnification duty on the part of the lessor. This shall not apply if the duty was breached deliberately. The contractual indemnification shall only apply to the rental period and to an authorised User.

9.4 Damage (operating damage) to the vehicle, which does not constitute accident damage and was caused by incorrect treatment and/or use of the vehicle, for example by gearshift errors, ignoring warning lights or inserting the incorrect fuel or failing to secure a load, shall not be included in the indemnification.

9.5 The General Terms and Conditions for Motor Insurance, AKB 2015, issue date 07/2016 (hereinafter known as "AKB") issued by the Gesamtverband der Deutschen Versicherungswirtschaft e. V. shall apply to the above insurance policies and indemnification unless otherwise agreed in these GTCs.

9.6 The User shall be liable in full for all breaches of the law that he commits, particularly for breaches of traffic and misdemeanour regulations during the period of use and relating to parking the vehicle. The User undertakes to indemnify DriveNow from all motoring and on the spot fines, charges, towing costs and other expenses which authorities or other bodies charge to DriveNow as a result of the above breaches of the law. DriveNow shall be permitted to send the User's contact details to these bodies for the purposes of processing and sending an official notice or a letter.

10. Duties in the event of accidents, damage, theft, destruction and other loss of the vehicle

10.1 DriveNow must be notified by telephone and without delay of any accidents, damage, theft, destruction and other problems, including the loss of the vehicle. The User undertakes to ensure that all reasonable action is taken where required to reduce the damage and secure evidence. After an accident, theft, fire, damage caused by game or other types of damage, the User must notify and consult the police without delay or report to the nearest police station unless the police refuse to record the accident. In this case, the User must notify DriveNow without delay by telephone and coordinate how to proceed with DriveNow. Any instructions issued by DriveNow must be followed. The above applies regardless of whether the accident was caused by the User or a third party or whether the damage is minor or not.

10.2 The user must take all the action which may be useful or helpful in clarifying the events which led to the damage. This shall particularly include answering the questions posed by DriveNow relating to the circumstances of the events which led to the damage and not leaving the site of the accident before the main findings required to assess the damage have been made or without DriveNow being given an opportunity to make these findings.

10.3  If the vehicle is no longer roadworthy as a result of an accident caused by the User, the User must pay all the costs incurred for the return of the vehicle.

10.4 In the event of an accident, the rental contract shall still not generally be terminated until the vehicle has been returned correctly as described in Number 7 and the charges for its use have been invoiced accordingly. If the vehicle is no longer roadworthy as a result of the accident, the rental contract may be terminated, by agreement with DriveNow, when it is handed over to the towing company.

10.5 The User undertakes to send DriveNow a written accident report without delay, but at the latest within one week, which in particular contains the police reference number of the recording police force, a complete description of the accident, the time and location of the accident, any witnesses and the driver of the DriveNow vehicle, with their full names and addresses. All instructions issued by the DriveNow Service Centre must be obeyed. The User must not issue any acknowledgement of blame or pre-empt any liability claims by making payments or other settlement actions to accept a claim and/or blame (jeopardising insurance cover). At the request of DriveNow, the User must complete the claim form sent to him by DriveNow in full and sign and return it to DriveNow within seven days. DriveNow reserves all rights from claims acquired by eight as a result of the failure to submit or the late submission of the claim notification.

10.6 DriveNow shall be solely responsible for selecting the repair workshop. Compensation payments related to damage to DriveNow vehicles shall be payable exclusively to DriveNow. If the User receives such payments from third parties, he must forward them to DriveNow without their having to be requested.

 

11. Contract penalties and User's duty to pay compensation

11.1 If DriveNow incurs any damages caused by culpable action in breach of contract by the User, they shall be imposed on the User on the basis of the statutory regulations. Furthermore, the lump sum damage amounts specified in the GTCs or in the tariff list shall apply. Lump sum damage amounts shall only be the amounts in the tariff list which specify a certain amount and not a minimum amount or invoicing based on cost. Even if these GTCs and the tariff list contain a lump sum damage amount, the User shall still be entitled to provide evidence that no damage or value reduction took place or that it was significantly lower than the lump sum. DriveNow reserves the right to provide evidence that the damage it suffered was higher than the amount in the lump sum. The contract penalties also regulated in this provision shall be set off by DriveNow against the lump sum damage claims resulting from the relevant action.

11.2 If the vehicle contains refuse of any kind, the User must pay the cleaning costs set out in the tariff list in force at the time of the rental.

11.3 If the User returns a vehicle which does not have the required residual range of 15 km, the User shall pay any additional costs for transporting it for refuelling or charging and any repair costs.

11.4 If the User's incorrect use of the vehicle or access technique results in a technician being required, the User shall be charged with the costs set out in the tariff list in force at the time of the rental.

11.5 For each case in which a vehicle is used for a crime, the User shall pay a contract penalty as set out in the tariff list in force at the time of the rental.

11.6 For each case in which the ban on passing on a rented vehicle or the access data to third parties is breached, the User undertakes to pay a contract penalty as set out in the tariff list in force at the time of the rental.

11.7 As compensation for the costs incurred by DriveNow for handling enquiries by the prosecution authorities to investigate misdemeanours and crimes committed during the rental period, DriveNow shall receive a costs lump sum from the User for each case as set out in the tariff list in force at the time of the rental.

11.8 If the vehicle has to be reparked by DriveNow as a result of a culpable breach of the duties set out in Number 8, or a towing service is engaged by a third party/an authority, DriveNow may demand the costs lump sum specified in the tariff list in force at the time of the rental from the User. The User shall indemnify DriveNow from all charges and other costs, particularly towing costs. Any costs lump sum already paid shall be set off against other costs incurred.

11.9 The User undertakes to pay a contract penalty of EUR 500.00 for each case of use in culpable breach of contract of the cards described in Number 7.8, such as the fuel card/charging card or the charging cable. Furthermore, DriveNow may demand higher compensation if it provides the appropriate evidence. Any contract penalty shall be set off against the compensation claim.

11.10 If action by the User results in a replacement fuel card, parking card or DriveNow customer card having to be issued, the User shall be liable for the costs set out in the tariff list in force at the time of the rental unless the reason for the issuing the new card was the responsibility of DriveNow.

 

12. Terms of payment, invoicing and credit balance

12.1 DriveNow shall charge the User for using the vehicle on the basis of the tariff list in force at the time of the rental. The current tariff list is available on the internet at the national version of the www.drive-now.com page. DriveNow shall be entitled to amend the tariff list at any time for future rentals. Payment shall be made either using the payment method selected by the User (credit card or SEPA direct debit), or by setting off against the User’s free minutes or vouchers. The rental price including the statutory value-added tax shall be payable at the end of the agreed rental period. Payment for all other services provided by DriveNow shall be payable on conclusion of the contract.

12.2 The User and the holder of the account or credit card must give their consent for this. Exceptions shall be permitted in the event that the costs are paid for business use.

12.3 The invoices shall be sent to the User by DriveNow either by email or for downloading in electronic form from his password-protected user area. The electronic invoices shall entitle the recipient to deduct input tax as long as the statutory requirements are satisfied.

12.4 If payment is made by credit card, the User undertakes to pay a security deposit of a maximum of EUR 25.00 at the start of the rental period to fulfil his duties. DriveNow shall not be obliged to keep this security deposit separate from the User’s other assets. No interest shall be payable on the security deposit. DriveNow shall arrange the return of the deposit immediately after the termination of the rental. The return of the deposit may take up to one month. This depends on the financial institution involved. DriveNow has no influence on this. Instead of debiting the User's credit card, DriveNow may have the amount of the security deposit reserved on the credit card.

12.5 If payment is made by direct debit, the User must ensure that there are adequate funds in his current account immediately on receipt of the invoice. In the event of default, the User shall be liable for statutory default interest and handling costs. Claims for additional default damages shall not be affected by this. Payment by direct debit shall only be available to Users resident in Germany or Austria who hold a SEPA-compliant payment account in any member state of the European Union.

The amount shall be payable immediately after using the chargeable service or product by direct debit using the mandate issued to our external partner Billpay GmbH, Zinnowitzer Str. 1, D-10115 Berlin, www.billpay.de/endkunden/ from the specified account at the specified financial institution (the current account). The current account may only be an account held by a private individual. We are unable to process payments using a business account. If the User selects the SEPA direct debit mandate payment method during the registration process and provides his banking details, the User shall grant Billpay GmbH a SEPA direct debit mandate to collect due payments and shall instruct his financial institution to redeem the direct debits. The creditor identification number of Billpay is DE19ZZZ00000237180. The client reference number shall be sent to the User at a later date by email.

Note: The User may demand the reimbursement of the debited amount within eight weeks starting on the date of the debit. The conditions agreed between the User and his financial institution shall apply. The due account shall remain due in the event of a direct debit refusal. Further information is available at https://www.billpay.de/sepa. The advance information relating to the collection of the SEPA direct debit shall be sent to the User at least one day before the payment is due by email to the email address filed by the User.

The payment by direct debit also requires a successful identity and creditworthiness check by Billpay GmbH (www.billpay.de/endkunden/) and a current account which supports IBAN and BIC. If the User allows the payment to be made by direct debit after the creditworthiness check, the payment shall be processed by Billpay GmbH to which DriveNow assigns its accounts receivable. In this case, the User can only make payment to Billpay GmbH to relieve his debt. Even though the direct debit is processed by Billpay, DriveNow shall remain responsible for general user enquiries, complaints, etc. The general terms and conditions of Billpay GmbH shall apply to the direct debit process. These can be viewed using the following link: www.billpay.de/allgemein/datenschutz/.

By giving details of his private current account, the User confirms that he is entitled to issue a direct debit mandate for this private current account and that the account contains adequate funds to cover the payment. Direct debit refusals incur a good deal of work and expense for DriveNow and Billpay GmbH. In the event that a direct debit is refused (due to a lack of funds in the current account, the closure of the current account or an unjustified objection by the account holder), the User hereby authorises Billpay to resubmit the direct debit to collect the payment. In such a case, the User undertakes to pay the costs incurred by the direct debit refusal. We reserve the right to make additional charges. In view of the work and costs involved with direct debit and to avoid the processing fee, the User should not cancel the direct debit in the event of a cancellation or revocation of the individual rental contract or a complaint. In such a case, the payment shall be reimbursed by agreement with net-m privatbank 1891 AG in the form of a return bank transfer of the appropriate amount or by a credit note.

12.6. DriveNow shall be entitled to transfer the User’s personal data to Schufa Holding AG, Schufa Holding AG, Kormoranweg 5, 65201 Wiesbaden to protect itself from non-payment and from the risks of the improper use of the services by third parties. DriveNow can obtain information about payment history and creditworthiness from Schufa on the basis of mathematical and statistical processes, using address details. This data transfer shall only take place if it is required to protect the justified interests of DriveNow and it does not adversely affect the User’s needs which also merit protection. In issuing us with the information, Schufa Holding AG may also supply DriveNow with a calculated probability value from your data to assess the credit risk (scoring procedure). The User shall also be entitled to obtain this information held by Schufa Holding AG.

12.7 The User may be credited with a credit balance. This credit balance shall consist of free minutes or a credit balance. The User can either purchase a credit balance or acquire it as a result of a promotion. The special terms and conditions in addition to these GTCs shall apply to promotions. Credit balances may be acquired, for example, as a result of purchasing savings or prepaid packages or a gift voucher, which the User has purchased himself or has received from a third party. The special terms and conditions in addition to these GTCs shall apply to vouchers and to savings or prepaid packages. A credit balance in the User's credit account shall generally be recorded within four days. Credit balances are set off against debits before the selected payment method is debited. The credit balance can be seen at any time online in the customer profile. Setting off against other DriveNow companies shall not be possible. The credit balance can only be used for rentals and charges for special destinations. Non-monetary credit balances shall expire automatically if the blanket contract is terminated unless the blanket contract is terminated by DriveNow at no fault of the User.

12.8 The payment details provided by the User during the registration process shall be used to settle all payment claims (such as the registration fee, charges relating to breaches of road traffic rules, failure to pay tolls, contract penalties, etc.).

12.9 Business customers must make payment exclusively by bank transfer or credit card.

 

13. Refuelling, fuel card

13.1 The fuel card/charging card must be used for refuelling/charging at our partner filling stations or partner charging stations wherever possible. Refuelling or charging at non-partner stations shall only be permitted after consultation with and with the express consent of DriveNow

13.2 The User must not use the fuel card to refuel vehicles other than the DriveNow vehicle to which the fuel card is assigned. The vehicle must not be refuelled with premium fuels, for example V-Power or Excellium.

 

14. Term of the blanket contract, termination, suspension

14.2 The blanket contract shall be concluded for an indefinite period of time and may be terminated by both parties by giving ordinary notice in writing of 14 days to the end of a month.

14.2 The right of the parties to the contract to terminate the DriveNow blanket contract without notice for a material reason, particularly for serious breaches of contract, shall not be affected.

A material reason shall in particular apply in the following situations:

14.2.1  If the User allows unauthorised third parties to drive the vehicle,

14.2.2 If the User fails to heed the regulations of the Road Traffic Code,

14.2.3 If the User is in default with payments,

14.2.4 If the User is a business customer and is in default with due payments,

14.2.5  If enforcement proceedings are started against the User,

14.2.6 If the User releases a vehicle which has been seriously soiled for further rental,

14.2.7  If the User uses the vehicle incorrectly or illegally,

14.2.8 If the continuation of the blanket contract is unreasonable, for example due to an unusual frequency of claims,

14.2.9 If the User damages the vehicle maliciously,

14.2.10 If the User culpably conceals or attempts to conceal damage to the vehicle,

14.2.11              If the User uses the vehicle to deliberately commit a crime,

14.2.12  If the User provides incorrect information for the blanket contract or has concealed facts and it is unreasonable to continue the blanket contract as a result,

14.2.13   If the User has driven under the influence of alcohol or drugs,

14.2.14    If the User abuses the Refer a Friend code,

14.2.15    If the User has a contract under labour law with aggregation platforms and misuses his User account with DriveNow,

14.2.16    If the User is logged into a DriveNow account simultaneously more than three devices and does not react correctly to the actions/ instructions of DriveNow since in this case it is assumed that the DriveNow account is being misused.

If multiple rental contracts exist between DriveNow and the User and DriveNow is entitled to the extraordinary termination of one rental contract without notice for a material reason, it may also declare the immediate termination of the other rental contracts through DriveNow if it is unreasonable to expect it to continue with the other rental contracts. Bonus minutes not acquired using money (for example by refuelling/charging) shall not be reimbursed if the contract is terminated ordinarily or extraordinarily.

14.3 Notice of termination may be given in text form (for example email) or in writing.

14.4 DriveNow may ban the use of a vehicle if it suspects that there is a material reason for termination in the sense of Number 14.2 until the facts of the matter have been investigated.

14.5 If the User has concluded an annual protection package, he shall not be entitled to the partial reimbursement of the charges paid for the annual protection package in the event of extraordinary termination without notice of the DriveNow blanket contract. The User's claims for reimbursement based on this termination shall be excluded in such a case unless DriveNow or its personnel bears (co-)responsibility for the User's breach of contract.

14.6 The electronic vehicle key will be suspended at the termination of the blanket contract.

14.7  In the event that the User is suspended, he shall be notified immediately by email or letter. As part of criminal investigations, DriveNow shall be under no obligation to notify the User of the grounds for the suspension.

 

15. DriveNow's liability/Items found in the vehicle

15.1 DriveNow shall only be liable to the User (apart from in cases of the breach of cardinal duties) in cases of malice and gross negligence. This shall also apply to DriveNow’s legal representatives and agents. Cardinal duties shall be duties which enable DriveNow to fulfil the rental contract in the first place and on whose fulfilment the other party to the contract relies or may rely. DriveNow cannot accept any liability for initial defects affecting the vehicle.

15.2 The limitations of liability set out above shall not apply in the event of death, physical injury or health impairment, the malicious concealment of a defect, in the event that a guarantee or document risk is accepted and under the Product Liability Law.

15.3 DriveNow cannot accept any liability for items left in the vehicle after the termination of the rental period. This shall not apply in cases of malice or gross negligence on the part of DriveNow, its representatives or agents. DriveNow may keep items found in a vehicle for a maximum of four weeks. If the owner fails to claim them within this period, the items shall be destroyed and valuables shall be sent to the municipal lost and found office. If items found are returned, the User undertakes to pay an additional charge as shown on the tariff list in force at the time of the rental. Found items may only be collected by the owner himself or a third party bearing written authorisation from the owner.

 

16. Privacy policy

16.1. To execute the blanket contract and the individual rental contract, DriveNow shall be entitled to collect, process and use the User’s personal data such as name, title, date of birth, address, email address, bank details and mobile phone number and the contract data such as the start location and destination, start time and destination time and the duration of use. This data processing is based on Art. 6 para. 1 letter b of the GDPR. The processing of the contract data, particularly to determine and displayed the current location, shall be carried out using the Google Maps API and is essential for the function and full provision of all DriveNow services. If the contract data are sent to Google, they are only supplied so in anonymised form. This data processing is based on Art. 6 para. 1 letter b of the GDPR.

16.2. To identify and rectify errors or faults and to identify and process recourse claims for which DriveNow would be liable as the vehicle keeper, BMW AG, Petuelring 130, 80788 Munich shall be entitled on behalf of DriveNow to collect, process and use the following technical data: Acceleration data, speed data, engine speed data, driving mode data, deceleration data and data relating to events on each journey. These data shall be processed by BMW AG for the above purposes separately from the data set out in Number 16.1 and sent to DriveNow in pseudonymised form. Only DriveNow can identify the User as the driver by linking him to the data set out in Number 16.1. This data processing is based on Art. 6 para. 1 letters b, c and f of the GDPR.

16.3. Furthermore, BMW AG shall collect, process and use the technical data specified in Number 16.2 to calculate a driving style score on behalf of DriveNow. These data shall be processed by BMW AG for the above purposes separately from the User data set out in Number 16.1 and sent to DriveNow in pseudonymised form. Only DriveNow can identify the User as the driver by linking him to the data set out in Number 16.1. This shall be used by DriveNow to identify any usage in breach of contract and/or in breach of road traffic rules for which DriveNow would be liable as the vehicle keeper. This data processing is based on Art. 6 para. 1 letters b and c of the GDPR.

16.4. Data shall only be disclosed to third parties if this is required to fulfil the blanket contract or individual rental contract or if you have given your consent to it. Personal data will only be disclosed to public bodies such as misdemeanour or criminal prosecution authorities within the framework of what is permitted by law. Furthermore, the User’s personal data may be disclosed on the basis of a justified interest to a claimant who has made claims against DriveNow as the keeper of the vehicle on the basis of a traffic offence committed by the User. The justified interest results from the fact that there is no other way for DriveNow to avert the damage since the User is an anonymous driver to the claimant.

16.5 The data processing described in this section is carried out in part by service providers engaged by DriveNow. DriveNow shall ensure by contract that the User’s personal data are only processed on the basis of the instructions issued by and the control of DriveNow.

16.6  The User can find additional data protection information in the privacy policy on the website and in the app.

 

17. Terms and conditions of use for the DriveNow vehicle database

The User may view the vehicle detail and location data of DriveNow vehicles in various places including the map views in the DriveNow app. The automatic temporary storage of the data for the User’s own private display of the data, for example in the browser or app cache, shall be permitted. Any other private or commercial reproduction, distribution, public disclosure or the disclosure of vehicle detail and location data shall be prohibited if such reproduction, distribution, public disclosure or disclosure does not just relate to minor parts of the database in terms of its type and scope. The rights set out in § 87c of the Copyright Law for free use for purposes of science and education and for use in court and official proceedings shall not be affected by this. The rights to the digital maps are held by the relevant map provider. To this extent, the terms of use issued by the relevant provider shall apply and can be viewed using a note within the map.

 

18. General provisions and place of jurisdiction

18.1 This business relationship shall be governed by German law.

18.2 The User shall only be entitled to set off our accounts receivable if his counter claims have been established by a court of law or are undisputed or acknowledged by DriveNow. Users shall also only have a right of retention if and in as far as the counter claim is based on the same contract.

18.3 The exclusive place of jurisdiction for all current and future claims arising from the business relationship with business customers shall be Munich. The same shall apply if the User does not have a general place of jurisdiction in Germany, moves to another country after the conclusion of the contract or his place of residence or normal place of abode is unknown when the lawsuit is lodged.

18.4 No oral side-agreements have been made. All amendments or supplements to this contract must be made in writing. This requirement shall be satisfied by email.

18.5 If one or more provisions in this contract should be invalid or void, this shall not affect the validity of the other provisions in the contract. DriveNow and the User undertake to close any loopholes using the objective and the presumed will of the parties to the contract.

These GTCs shall be issued in German and English. In the event of any discrepancies, the German version shall take precedence.

You can find the previous GTCs here