General terms and conditions of DriveNow GmbH & Co. KG
Issue date May 2018
1. Subject and subject to change
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 people who want to use the DriveNow vehicle rental offerings (hereinafter known as Users).
1.2 The GTCs shall apply to the framework agreement which is created when the User registers with DriveNow. Furthermore, the GTCs shall apply to the driving licence check and to each individual rental contract. 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 these amendments are reasonable for the User. The User shall be notified in writing, by email or by other suitable methods promptly 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 special attention shall be drawn to the amendment and to its consequences by DriveNow.
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 framework agreement and requirements for use
3.1 The conclusion of the framework agreement 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 without interruption for at least one year and who satisfy all the conditions and provisos contained therein.
3.3 The registration of the User is completed online on the DriveNow website. After entering the required details, the User must click on "Purchase and set up account" to conclude the framework agreement and complete the registration process. The User shall ensure that the residential or business address registered with DriveNow is a current registered address. Furthermore, the User ensures to keep all details, such as email address, mobile phone number, bank account details and any restrictions relating to their driving licence, up to date. If DriveNow finds that this is not the case, DriveNow shall be entitled to disable the account.
The current GTCs shall apply to the framework agreement and special reference shall be made to them. They shall be available online and can be saved and printed at any time.
3.4 To prevent multiple registrations, the User may only create one registration in his own name. Any multiple registration shall be refused in writing either by email or mail.
3.5 In the event of reasons becoming known that lead to the conclusion that a User has acted in breach of contract, DriveNow may refuse to conclude a framework agreement.
4. DriveNow account, electronic vehicle key and personal PIN
4.1 On conclusion of the framework agreement, the User shall be sent access data for his DriveNow account.
4.2 After the driving licence check described in Number 5, the User shall be sent a DriveNow ID to act as an electronic vehicle key. The DriveNow ID may take the form of a DriveNow card or another access medium. 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 must not disclose his DriveNow ID, DriveNow PIN or the access data to his DriveNow account to third parties and must ensure that these details, to which the User is exclusively entitled, are not accessible to third parties. Written records of the PIN must not be kept in the immediate vicinity of the DriveNow ID and must not be kept in the vehicle or noted on a driving licence.
4.5 DriveNow must be notified without delay of the loss, damage or destruction of the DriveNow ID. The same shall apply to the loss of the access data to the DriveNow account. The User may contact DriveNow by telephone on +49 800 7234070 or by email to email@example.com for this purpose.
4.5 The DriveNow account is non-transferable and all rights to the account shall become null and void on the death of the User.
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 three years. However, DriveNow shall also be entitled to check the driving licence at 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. However, DriveNow shall also be entitled to check the driving licence at any time.
The EU confirmation stamp shall be exclusively accepted as verification that the 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. The User's personal details will be processed by the service provider if one is used, with the details only being used by the service provider to check the driving licence and the User's identity. DriveNow shall only be sent the result of the check after it has taken place. The User shall be notified of any non-validation and shall then be referred to the DriveNow Service Department. However, the driving licence check may also be completed in one of the registration stations published on the DriveNow website.
5.4 To enable access for the User for a further period of three years, the User must return to a registration station or conduct an online driving licence check to verify the validity of his driving licence.
5.5 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 any vehicle.
6. Reservations, opening the vehicle and individual rental contracts
6.1 A vehicle may only be rented after the driving licence check has been completed. The maximum rental period for is in general 48 hours.
6.2 The User shall be entitled to rent a vehicle either with or without a prior reservation. If a vehicle has been reserved, it shall be held for the User for 15 minutes in the event of a free reservation or for a maximum of 8 hours for a reservation involving a payment. DriveNow shall not be entitled to rent the reserved vehicle to another customer.
6.3 A vehicle may be reserved 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" button or a similar button. This offer to reserve a vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a declaration in written form.
6.3 A vehicle may be reserved with a payment for longer than 15 minutes. 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 a payment, the User must click on the "Reserve with payment" button or a similar button and these GTCs shall then come into force. This offer to reserve a vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a declaration in written form.
6.5 The vehicle can be opened by the User using either his DriveNow ID or the DriveNow app. The User undertakes to either 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 "Rent now with payment" button or a similar button on the vehicle's screen. This offer to reserve a vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a declaration in written form.
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 respective declaration. After the termination of the individual rental contract, the vehicle must again be accessible for anybody.
7.2 To terminate the individual rental contract, the User must hold his DriveNow ID 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 parking spots legitimately allowed for this purpose. The approved parking spots are set out on the DriveNow website in the parking rules for the relevant rental territories. Other approved parking spots 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. Additional costs may incur on the basis of the tariff list in force at the time of rental for such cases.
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 - 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 forbidden parking 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 support hotline and terminate the rental contract by telephone.
7.7. When the rental contract is terminated, 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 (if applicable) 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, which may only be used for their 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 items from the vehicle's equipment kit or accessories must be missing.
8. User's duties when renting the vehicle
8.1 The User must not permit other people to drive the vehicle he has rented. Only in certain exceptional circumstances may the User permit a front-seat passenger or another third party to drive the vehicle. Exceptional circumstances shall 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 enter 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 Code 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 paved 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.
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 in the sense of Number 7.8 and the emergency equipment (high visibility jackets, First Aid case, 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 In the event of vehicle damage, vehicle loss and/or contract breaches, the User shall generally bear liability on the basis of the statutory liability regulations. The User's liability shall also extend to additional claim costs such as expert reports, towing costs, loss of value, increase in insurance premiums and loss of rental income.
9.2. All vehicles have standard liability and third-party insurance, as well as a partially comprehensive insurance.
9.3. The User's liability resulting from accidents for damage to DriveNow shall generally be restricted to EUR 350 unless a different agreement has been made. A different agreement shall be made regularly if a User's account is reactivated after an incident. This shall then rise to EUR 2,500. This contractual indemnification shall be similar to that for fully comprehensive insurance. In this case, the User shall only be liable for claims up to this amount. The User shall not be entitled to this 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.
9.4. Damage to the vehicle shall not be included in the indemnification if it 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.
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. If DriveNow receives payments from insurance companies or third parties for a claim, these payments shall be set off against the User's liability obligations.
9.7. 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 law described above. 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.
9.8. No right to the contractual indemnification described in Number 9 paragraph 3 shall apply if the User breached one of his duties, particularly one of his duties listed in Number 8. In the event of a grossly negligent breach of a duty by the User, DriveNow shall be entitled to reduce its payment as part of the limitation of liability proportionately to the severity of the User's culpability. Conversely, the agreed excess per claim shall remain in force if the breach of duty was neither the cause of the claim nor for the establishment or scope of the damage suffered by DriveNow; this shall not apply if the duty was breached maliciously.
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 loss of the vehicle. The User undertakes to ensure that all reasonable action required to reduce the damage and secure evidence is taken.
To this end, the User must report all accidents and damage to the police regardless of whether it was caused by himself or a third party, even if only property was damaged and no third party was involved. If the police fail to attend the accident location despite contact having been made or refuse to record the accident, the User shall be obliged under § 34 para. 1 No. 7 of the Road Traffic Code, to allow investigations to be completed without delay after the event if he left the accident location justifiably, after making his excuses or after waiting for a reasonable time in the circumstances. In case of this type, the User undertakes to prove to DriveNow that the police decided against recording the incident. The evidence in this case may be provided by a police reference number or a written confirmation of a nearby police station with the time and date, showing that the incident was not recorded.
In exceptional cases, the accident or damage does not have to be reported if the incident did not result in any personal injury and only in minor paintwork damage, for example a minor scratch on the vehicle and details were exchanged with the other parties in the accident as described in § 34 para. 1 No. 5 and 6 of the Road Traffic Code. If the vehicle has been damaged by unknown third parties (parking damage, driver leaves the scene of the accident), the User must again notify the nearest police station and request that the damage be recorded. The duty to provide proof described in 10.1 shall apply as and where appropriate.
10.2. Notwithstanding Number 10.1, the User must not leave the accident location until
10.2.1 The police record has been concluded and the vehicle has been handed over to a towing contractor, or
10.2.2 By agreement with DriveNow, the vehicle has been parked inside a commercial area. The journey may only be continued with the express consent of DriveNow.
10.3. These duties on the part of the User shall not apply if, as a result of injuries suffered in the accident by one of the parties in the accident, he leaves the accident location justifiably or after making his excuses.
10.4. If the vehicle is no longer driveable or roadworthy, the User must pay all the costs for the return of the vehicle if he was responsible for the accident. In the event of an accident, the rental contract shall still not 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 driveable or 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. Furthermore, the User undertakes to forward a written accident report to DriveNow without delay and, notwithstanding Number 10.1, to quote the police reference number. 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. If the claim is not settled by the insurance company as a result of the form been returned late due to the User's culpability, DriveNow reserves the right to charge the User with all the costs incurred by the accident.
10.6. The choice of repair workshop shall in any event be made by DriveNow. Compensation payments related to damage to DriveNow vehicles shall be payable exclusively to DriveNow. If the User has received 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 charged to the appropriate User on the basis of the statutory regulations. This shall particularly apply if these GTCs or the tariff list contains a lump sum damage amount. 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. Conversely, 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 addressed to DriveNow 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 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/and authority, the User shall indemnify DriveNow from all charges and other costs, particularly towing costs. In addition, DriveNow shall receive the lump sum costs set out in the tariff list in force at the time of the rental.
11.9. The User undertakes to pay a contract penalty of EUR 500 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 ID 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 debit), or by setting off against the free minutes, savings packages or vouchers acquired or redeemed by the User. 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 agreement to this.
12.2 The invoices shall be sent to the User by DriveNow either by email or in his password-protected user area in electronic form to download. The electronic invoices entitle the recipient to deduct input tax as long as the statutory requirements are satisfied.
12.3. If payment is made by credit card, the User undertakes to pay a security deposit of a maximum of EUR 25 at the start of the rental period to fulfil his duties. DriveNow shall not be obliged to keep this security deposit separate from its other assets. No interest shall be payable on the security deposit. DriveNow may also claim its right to the security deposit at any time after the start of the rental contract. Instead of debiting the User's credit card, DriveNow may have the amount of the security deposit reserved on the credit card.
12.4. 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.
The amount shall be payable immediately 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. For this purpose, you shall issue Billpay GmbH with a SEPA direct debit mandate to collect due payments and shall instruct your financial institution to redeem the direct debits. The creditor identification number of Billpay is DE19ZZZ00000237180. The client reference number shall be sent to you at a later time by email. Note: You may demand the reimbursement of the debited amount within eight weeks starting on the date of the debit. The conditions agreed with your financial institution shall apply to this. Please note that the due account receivable shall remain in force even if the direct debit is recalled. 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 you at least one day before the payment is due by email to the email address specified by you.
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 we assign our 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, we shall remain responsible for general user enquiries, complaints, etc. The general terms and conditions of BillPay GmbH at www.billpay.de/allgemein/datenschutz/ shall apply.
By specifying your private current account, you confirm that you are entitled to issue a direct debit mandate for this private current account and that you will ensure that there are adequate funds in it to cover the payment. Direct debit refusals incur a good deal of work and expense for us 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), you hereby authorise Billpay to resubmit the direct debit to collect the payment. In such a case, you undertake 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, we would be grateful if you would 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 us in the form of a return bank transfer of the appropriate amount or by a credit note.
12.5. DriveNow shall be entitled to transfer your 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 your needs which also require 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). You shall also be entitled to obtain the information about you held by Schufa Holding AG.
12.6. The User may be credited with a credit balance. This credit balance shall consist of free minutes or a credit in euros. The User can either purchase a credit balance or acquire it as a result of an action. The special terms and conditions in addition to these GTCs shall apply to actions. A credit balance is also possible on the basis of a saving package 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 savings 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. If the User has multiple credit balances, debits are first set off against the credit balance which is due to expire first. 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. Credit balances shall expire automatically if the skeleton contract is terminated unless the skeleton contract is terminated by DriveNow at no fault of the User.
12.7. The User authorises DriveNow to debit the account specified by him for any later rentals and any other charges which the User owes from or in relation to the rental (such as the registration fee, charges relating to breaches of road traffic rules, failure to pay tolls, contract penalties, etc.).
12.8. Business customers must make payment by bank transfer or credit card.
13. Refuelling, fuel card
13.1. The fuel card/charging card must be used for refuelling/charging wherever possible. Some filling stations/charging stations require the User to pay the charges in advance. The invoice total shall be reimbursed to the User if he submits the original invoice.
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 skeleton contract, termination, suspension
14.1. The skeleton contract shall be concluded for an indefinite period of time and may be terminated by both parties by giving notice of 14 days to the end of the month (by letter, email or fax). Conversely, if the User has concluded a protection package, the skeleton contract may not be terminated by the two parties to the contract until the protection package has elapsed.
14.2. The right of the parties to the contract to terminate the DriveNow skeleton 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 a consumer and is in default with two due 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 vehicle is seriously soiled
14.2.7 If the vehicle has been used incorrectly or illegally
14.2.8 If the continuation of the skeleton contract is unreasonable, for example due to an excessive rate of claims
14.2.9 If the User damages the vehicle maliciously
14.2.10 If the User 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 skeleton contract or has concealed facts and it is unreasonable to continue the skeleton contract as a result
14.2.13 If the User has driven under the influence of alcohol or drugs
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 if it is unreasonable to expect it to continue with the other rental contracts.
14.3 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.
14.4. If the User has concluded a protection package, he shall not be entitled to the partial reimbursement of the charges paid for the protection package in the event of extraordinary termination without notice of the DriveNow skeleton contract.
14.5 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 access medium shall be disabled when the kit contract is terminated.
14.7 In the event that the User is suspended, he shall be notified immediately by email.
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 by its 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 end of the rental. 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.
16. Data protection information
16.1. To execute the framework agreement and the individual rental contract, DriveNow shall be entitled to collect, process and use your 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 you as the driver by linking them 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 data set out in Number 15.1 and sent to DriveNow in pseudonymised form. Only DriveNow can identify you as the driver by linking them 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 processed and in particular disclosed to third parties if this is required to fulfil the framework agreement 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.
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 your personal data are only processed on the basis of the instructions issued by and the control of DriveNow.
17. Terms and conditions of use for the DriveNow vehicle database
18. General provisions and place of jurisdiction
18.1. The business relationship shall be subject to 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.
18.6. These GTCs shall be issued in German and English. In the event of any discrepancies, the German version shall take precedence.