General Terms and Conditions of DriveNow Denmark

Last updated January 12th 2016

1. Scope

1.1. These General Terms and Conditions  govern the Customer’s rental of the Vehicle as well as the Rental Company’s and the Customer’s responsibilities and obligations.

1.2. By registering, the Customer acknowledges that a binding electronic agreement has been made with the Rental Company, and that the Customer will be bound by the Terms, which together with the Price List constitute the contractual basis between the Rental Company and the Customer.

1.3. If the Customer earns bonus minutes from the Rental Company, they  can only be used as payment in Denmark.

1.4. The Rental Company is entitled to amend the Terms on an on-going basis. If the Terms or the Price List are amended substantially to the Customer’s disadvantage, the Customer will be requested to accept the amended terms before a new rental of a Vehicle may take place.

2. Definitions

Access: Card Either the personal DriveNow card or a personal travel card (Rejsekort) to be used for renting the Vehicle.

Customer: A person who has registered with the Rental Company and accepted the Terms.

Damage Overview: The list of the registered damage on the Vehicle shown on the Vehicle’s built-in electronic display.

Designated Zone: The area in which the Vehicle may be returned, as shown at the Rental Company’s website.

Price List: The price list for use and rental of a Vehicle applicable at the time in question.

Rental Company:
Arriva Danmark A/S
VAT  no. 18 42 91 01
Skøjtevej 26, 
DK-2770 Kastrup, Denmark

Rental Period: The period from the Customer’s registration for rental of the Vehicle and until the Customer has returned the  Vehicle in accordance with Clause 10 below.

Terms: Terms These General Terms and Conditions.

Vehicle: Any car made available to the Customer by the Rental Company in accordance with the Terms.

3. Registration

3.1. At the time of registration and for the duration of the time when the Customer is registered with the Rental Company, the Customer must  meet the conditions in Clause 3.2.

3.2. The Customer must:
a) be  at least 20 years old,
b) have a valid driving licence for the Vehicle, which must be valid for at least the following 6 months, and which must have been valid for a continuous period of 180 days immediately before applying for registration of this service, and
c) attach a valid credit card to the Customer’s DriveNow-account with a disposable amount capable of covering the excess in case of damages; see Clause 12.2.

3.3. On registration, the Customer accepts that the Rental Company is entitled to verify the Customer’s personal data through:
a) the Danish civil registration system (CPR),
b) the Danish National Police’s driving licence register, and
c) NemID (digital signature system).

3.4. If the Customer fails to meet the conditions in Clause 3.2 during the contractual relationship with the Rental Company, the Customer must immediately notify the Rental Company of this, and will lose the right to rent the Vehicle.

3.5. The Customer is obligated to ensure that all personal data is always up-to-date, in particular the Customer’s name, address, e-mail address, mobile number and credit card details. The Customer can update the personal data at the Rental Company’s website. The Rental Company reserves the right to temporarily ban the Customer from renting a Vehicle; if the Customer’s personal data is not correct at any given time.

3.6. The Rental Company is at any given time entitled to reject the Customer’s registration or terminate the Customer’s existing registration in case:
a) the Customer repeatedly causes damage to the Vehicle, or
b) the Customer fails to observe the Terms, including but not limited to the obligations and prohibitions in Clauses 7.2 and 7.3.

3.7. The Customer accepts that in case of a violation of the Terms, the Rental Company is entitled to charge a fee in accordance with the Price List.

3.8. The Customer is entitled to cancel the registration with the Rental Company at any given time, but will in any case still be liable for payment of any due amount, etc.

4. Access Card

4.1. The Access Card is personal and must be kept safely to prevent abuse. The PIN for the Access Card must always be kept separate from the Access Card if stored physically.

4.2. The Access Card may not be transferred to or used by anyone other than the Customer.

4.3. In case of loss or other unauthorised use of the Access Card the Customer is liable for abuse of the Access Card for up to DKK 8,000, unless the Customer informs the Rental Company in order to block the card as soon as possible after becoming aware of the theft, loss or other suspected abuse of the Access Card. In case of deliberate or fraudulent behaviour, the Customer will be liable for the full amount.

4.4. If the Customer uses the personal travel card (Rejsekort) issued by Rejsekort A/S as an Access Card, the terms and conditions for the personal travel card will still be applicable. In case of issues with the travel card not related to the Customer’s access to the Vehicle or the Rental Company, reference must be made to Rejsekort A/S’s customer service.

5. Start of Rental Period

5.1. The Rental Period and the Customer’s liability for the Vehicle as described in Clause 15, will start when the Customer has scanned the Access Card at the Vehicles card reader or opens the Vehicle through the Mobile application, and the Vehicle is unlocked.

6. Vehicle Inspection before use

6.1. Before using the Vehicle the Customer must check the interior cleanliness and state this on the built-in display in the Vehicle. If the Vehicle is filthier than what customarily can be expected, the Customer must contact the Rental Company before using the Vehicle.

6.2. Before using the Vehicle, the Customer must also check the Vehicle for any damage not already indicated in the Damage Overview in the Vehicle.

6.3. The Customer must immediately report any damages to or defects in the Vehicle to the Rental Company if these are not already indicated in the Damage Overview. If the Rental Company assesses that any damage or defect should be examined further or be repaired before use, the Rental Company is entitled to cancel the Customer’s use of the Vehicle.

6.4. Any parking fees left on the windscreen by a previous customer must be removed and placed in the glove compartment before use of the Vehicle.

7. Use of the Vehicle

7.1. The Vehicle may only be driven by the Customer and only in Denmark and Sweden.

7.2. The Customer is during the entire Rental Period obligated to:
a) only drive the Vehicle when carrying a valid driving licence and when physically and mentally capable of driving the Vehicle lawfully,
b) observe the traffic regulations in all respects,
c) immediately inform the Rental Company of any damage, theft, vandalism or accident during the Rental Period, or if the Vehicle is otherwise in an unacceptable condition,
d) secure the Vehicle against theft by always closing windows and locking the vehicle before leaving it,
e) contact the Rental Company immediately if the dashboard warning lights are lit, and not proceed until the Rental Company has confirmed that it is safe to drive the Vehicle,
f) ensure that the Vehicle has sufficient power so that the Customer is capable of returning the Vehicle within the Designated Zone, cf. Clause 10, and
g) otherwise treat the Vehicle properly, as may be expected from an average car owner.

7.3. The Customer may not during the entire Rental Period:
a) have a blood alcohol level of 0.5 or more, or be under the influence of euphoriant drugs, including medicine, that may influence the ability to drive,
b) allow the Vehicle to run out of power,
c) have more passengers in the Vehicle than the number of seatbelts allow,
d) use the Vehicle for criminal activities, off-road driving, motor sports events, motor races or commercial use, such as freight transport business or taxi business,
e) use the Vehicle to transport dangerous liquids or effects, unless this may be considered normal use,
f) smoke in the Vehicle or allow passengers to smoke in the Vehicle,
g) deactivate the passenger airbag,
h) transport animals in the Vehicle unless they are placed in a closed cage and securely placed in the trunk, and this is cleaned after use by the Customer,
i) transport small children, unless they are placed in an approved car safety seat or booster seat, and the Customer otherwise complies with all instructions when fitting the car safety sear or booster seat, or
j) repair or have others repair or otherwise tamper with the Vehicle.

7.4. In case of violation of the provisions in this Clause 7, a fee may be charged from the Customer in accordance with the Price List, and the Customer may become liable for any damage exceeding such fee in value.

8. Charging of Vehicle

8.1. The Vehicle may only be charged at an E.ON charging station in the Designated Zone either by using the charging cable placed in the Vehicle or by using a fixed charging cable on the charging station.

8.2.  If the battery level is below 5 %, the Customer is obligated to charge the Vehicle if the circumstances allow it.

8.3. If the charging cable for the Vehicle is used to charge anything else than the Vehicle, the Customer will be charged a fee in accordance with the Price List, and the Customer will be liable for the abuse. The Rental Company reserves the right to report such abuse to the police.

8.4. If the Vehicle is charged at a charging station not owned by E.ON, and the Customer pays for the charging, the Rental Company will not compensate the Customer and will keep the Customer liable for charging the Vehicle in violation of these Terms, including any damages to the Vehicle.

8.5. The Customer may only receive bonus minutes once pr. Vehicle pr. Calendar day when setting the Vehicle to charge, if this is offered by the Rental Company.

9. Obligations in the event of traffic accidents, damages, defects, theft, fines or fees.

9.1. If the Vehicle is involved in a traffic accident, or if the Customer experiences defects or damages to the Vehicle, theft or receives a fine or fee when using the Vehicle, the Customer is obligated to contact the Rental Company by telephone and inform the Rental Company of the incident.

9.2. In case of a traffic accident involving the Vehicle, the Customer is obligated to ensure that the police file a report of the incident. If the police refuse to file a report, the Customer must immediately notify the Rental Company to agree how to proceed.

9.3. The Customer may not leave the scene of an accident involving the Vehicle, before;
a) the police has filed a report or an agreement has been made with the Rental Company on how to proceed if the police refuses to file a report,
b) the Customer has notified the Rental Company of the incident by telephone, and the Customer has taken the action agreed with the Rental Company, including preserving evidence, limiting damage, etc., and
c) the Vehicle is either moved by the Customer to a secure location or towed away by a towing company as agreed with the Rental Company by telephone.

9.4. The Customer is not entitled to assume any liability on behalf of the Rental Company. The Rental company do not accept any liability and the Customer will as a result be responsible for any accepted liability.

9.5. In case of minor superficial scratches, parking dents and the like on the Vehicle it is sufficient for the Customer to only fill out the Rental Company’s damage form retrieved from the website.

9.6. If the Customer receives compensation from a third party for damages to the Vehicle, the Customer must immediately without request transfer such compensation to the Rental Company, unless the Customer has already indemnified the Rental Company.

9.7. Traffic accidents or breakdowns outside the Designated Zone are not covered by the Rental Company’s insurance, and the Customer will therefore be liable for all costs related to returning the Vehicle to the Designated Zone.

10. Parking and End of Rental Period

10.1. To end the Rental Period the Vehicle must be parked within the Designated Zone and in accordance with the traffic regulations and any other special parking regulations for the specific parking lot in all respect, and comply with Clause 10.

10.2. When ending the Rental Period the Vehicle can only be parked at;
a) PUBLIC TIME RESTRICTED (tidsbegrænset) parking lots where the Vehicle legally can be parked for at least the following 2 hours with a parking disk set correctly,
b) PUBLIC PARKING LOTS FOR ELECTRIC CARS where the Vehicle can legally be parked for at least the following 2 hours with a parking disk set correctly.
c) PUBLIC PARKING LOTS WITHOUT TIME RESCTRICTIONS with the exception of parking lots reserved to certain groups, business or cars, such as disabled individuals, taxis or busses, or
d) SELECTED PRIVATE parking lots, which appears from the list at the Rental Company’s website. The Rental Company reserves the right to make on-going changes and the Customer is therefore obligated to check the list before ending every Rental Period at a private parking lot. The Customer is liable for any claim which may arise due to a Vehicle parked at a private parking lot that at the time of the end of the Rental Period did not appear from the Rental Company’s list.

PLEASE NOTE THAT IT IS NOT PERMITTED TO END THE RENTAL PERIOD AT A PERIOD RESTRICTED (periodebegrænset) PARKING LOT.

10.3. To end the Rental Period the Vehicle shall also be parked inside the Designated Zone, and in accordance with Clause 10.2.

10.4. The Customer shall at the end of the Rental Period ensure that;
a) the charging cable is placed correctly in the Vehicles trunk, unless the Vehicle is set to charge,
b) the handbrake is activated,
c) the windows are closed,
d) the doors are closed, and
e) the Vehicle is otherwise left in the same condition and cleanliness as when the Customer started the Rental Period, hereunder that luggage and waste are removed.
10.5. The Rental Period will only be ended, when the Customer has performed the actions in Clause 10.1, 10.2, 10.3 and 10.4, and when the Customer subsequently has either scanned the Access Card at the card reader by the Vehicle’s windscreen or used the mobile application and the card reader’s light turns green.
10.6. The Customer is responsible for ensuring that the Vehicle is returned correctly. If the Customer experiences any problems returning the Vehicle, the Customer is obligated to notify the Rental Company immediately and not to leave the vehicle until the Rental Company has informed how to proceed.
10.7. The Customer’s rent may only last for a maximum of 24 hours before returning it in accordance with Clause 10. If the Vehicle is not returned within 24 hours, the Rental Company will end the Rental Period immediately in so far the Vehicle is parked. The Rental Company is entitled to claim damages for any cost suffered as a result of a violation of Clause 10, including costs for towing the Vehicle.
10.8. The Customer shall upon request inform the Rental Company the location of the Vehicle.
10.9. Parking during the Rental Period, the Customer shall park the Vehicle in accordance with traffic regulations and other special parking regulation for the parking lot in question.

11. Price and payment

11.1. The price for renting a Vehicle will be calculated based on the length of the Rental Period in accordance with the Price List applicable at the end of the Rental Period. The Customer’s payment for renting the Vehicle begins after entering the password on the display and subsequently pressing “Start Turen”.

11.2. The prices quoted on the Price List include all taxes and duties, including VAT.

11.3. When reserving a Vehicle in accordance with Clause 5.1, approximately DKK 100.00 will be reserved on the Customer’s credit card, which corresponds to the average price of renting the Vehicle, including parking. If the Customer buys an hourly-package in the Vehicle, the reserved amount will be approximately the price of the hourly-package in question. When the Vehicle is returned according to Clause 10, the reserved amount will be released.

11.4. After returning the Vehicle according to Clause 10,  the rental amount will be withdrawn from the Customer’s credit card. The Customer will then receive a receipt for withdrawal of the amount from the Customer’s credit card, including an itemisation of the rental amount.

11.5. The Customer is after returning the Vehicle still obligated to have sufficient funds on the credit card to cover other costs related to the rental of the Vehicle in accordance with Clause 3.2 (c), including damages to the Vehicle, fines, fees, compensation or fees. If such claim arise against the Customer, the Rental Company will withdraw the amount from the Customer’s credit card whereupon the Customer will receive a receipt including an itemisation of the amount.

11.6. If the amount charged by the Rental Company is rejected by the credit card issuer, and this is attributable to the Customer, the Rental Company will be entitled to charge the Customer for the costs incurred in connection with the collection of the amount.

11.7. The Rental Company reserves the right to assign claims against the Customer. In such case, the Customer will only be able to make payment in full satisfaction of the debt to the assignee when informed orderly of this transfer of right.

12. Insurance

12.1. Compulsory third-party insurance and all-risk insurance have been taken out for the Vehicle.

12.2. The Customer’s excess in the event of damage is limited to DKK 5,000.00. However, excess is not limited in situations listed in Clause 14.5.

13. Rental Company’s liability

13.1. THE RENTAL COMPANY IS NOT LIABLE FOR DAMAGES OR LOSS RESULTING FROM THE CUSTOMER’S USE OF THE VEHICLE, INCLUDING DAMAGES OF THIRD-PARTY PROPERTY, UNLESS THE RENTAL COMPANY HAS ACTED NEGLIGENTLY.

13.2. THE RENTAL COMPANY IS UNDER NO CIRCUMSTANCES LIABLE FOR INDIRECT LOSS, INCLUDING LOSS RESULTING FROM THE CUSTOMER’S DELAY, IF THE VEHICLE IS UNAVAILABLE OR BREAKS DOWN WHILE IN THE CUSTOMER’S POSSESSION.

14. Customer’s liability

14.1. The Customer shall indemnify the Rental Company for any loss incurred due to the Customer’s breach of the Terms or legislation.

14.2. The Customer is liable for damage to the Vehicle caused by the Customer or the Customer’s passengers. However, the Customer’s liability is limited as stipulated in Clause 12.2 with exception of Clause 14.5 situations.

14.3. The Customer is liable for any traffic offence or other criminal offence while using the Vehicle as well as fines or duties issued to the Vehicle from the start of the Rental Period and until another customer rents the Vehicle or until the Rental Company moves the car if Rental Period is not ended in accordance with Clause 10. The Rental Company is entitled to charge an administration fee from the Customer for the administration of fines or duties in accordance with the Price List applicable at the time in question. Further, the Rental Company is entitled to disclose information about the Customer to private parking companies in so far the Rental Company receives a parking fee from the parking company due to the Customer’s parking of the Vehicle in violation of the Terms. The disclosed information  regarding the Customer may include the following: name, address, birth date, phone number, e-mail as well as information about the time and place of the Rental Period in which the parking took place.

14.4. If parking of the Vehicle is not made in accordance with Clause 10, and the Rental Company is forced to tow or move the Vehicle, the Rental Company is entitled to claim its costs in full by the Customer according to the Price List.

14.5. Notwithstanding Clause 12.2, the Customer may be held fully liable for damage if the Customer has acted gross negligently, or if the damage is not covered by the insurance where this is attributable to the Customer, and the Customer is responsible for the damage according to the Terms, including driving under the influence.

15. Personal data

15.1. The Rental Company collects, stores and processes the following personal data about the Customer:
a) Name, date of birth, address, e-mail address and telephone number.
b) Credit card details and travel card number.
c) Registration number of the Vehicle, time and place of departure and arrival of the Vehicle during the Rental Period.
d) Information for use for the Rental Company’s handling of cases covered by Clause 9 and 14, including information about traffic accidents, etc.
e) GPS-data, time and date, and impact when the Vehicle registers an unusual incident, such as heavy breaking or collision).

15.2. Personal information is only collected, stored and processed when the Customer has given consent hereto, is necessary or required by law.

15.3. Clause 15.1 (a) information is used to identify the Customer and to observe Danish Executive Order no. 463 of 2 May 2013 on Rental of motor vehicles without a driver (Bekendtgørelse om udlejning af motorkøretøjer uden fører).

15.4. Clause 15.1 (b) information is used to give the Customer access to the Vehicle using the personal travel card (Rejsekort) and to charge the Customer for renting the Vehicle.

15.5. Clause 15.1 (c) information is used to calculate the price for each Rental Period, to inform other customers of when and where the Vehicle is available via the mobile application and to observe Danish Executive Order no. 463 of 2 May 2013 on rental of motor vehicles without a driver.

15.6. Clause 15.1 (d) information will only be processed to the extent necessary to determine, assert or defend any legal claims on behalf of the Rental Company or a third party (such as the relevant insurance company)

15.7. Clause 15.1 (e) information will only be processed to determine the responsibility in case of damages, claim, etc., and may be transferred to police authorities upon their request or used as evidence in case of a dispute. The Data will not be stored longer than absolutely necessary, but no longer than 3 months, unless they are or will be used under an on-going dispute.

15.8. In addition, the Customers civil registration (CPR) number will be used briefly during the registration process to confirm the Customer’s identity, driving licence, etc., but will not be stored or disclosed to third parties.

15.9. If the Customers membership is terminated by the Customer or the Rental Company, the Customer’s information will remain stored for 3 years from the Customer’s last Rental Period before they will be deleted. The Rental Company may need the information to process possible complaints or lawsuits, or to pursue possible claims for damages, fines, fees, speeding tickets, etc. due to the Customer’s use which the Rental Company becomes aware of later. Information which are regulated in Danish Executive Order no. 463 of 2 May 2013 on Rental of motor vehicles without a driver (Bekendtgørelse om udlejning af motorkøretøjer uden fører) § 7 (1) will be stored for at least 5 years due to the Executive Orders § 7 (2).

15.10. All Vehicles are fitted with GPS tracking to ensure that Customers may find the Vehicles and to calculate the price of the Rental Period. In that connection, the Rental Company will process data on the Customer’s use of the Vehicle for the purpose of calculating the price for use of the Vehicle. No GPS data with exception of Clause 15.1 (e) will be collected while the Vehicle is in motion, unless locating the Vehicle is imperative.

15.11. If the Customer requires additional information on the Rental Company’s processing of personal data please refer to the Rental Company’s website.

16. Right of revocation

16.1. The Customer has 14 days to revoke the registration with the Rental Company. The 14 days is calculated from the purchase day.

16.2. To use the right of revocation, the Customer shall send an e-mail to Kundeservice@drive-now.dk or send a letter to the Rental Company labelled “Revocation of purchase” with bank details to which the paid amount may be returned to and clearly and unambiguously declaring the wish to use the right to revoke. The Right of revocation is complied with if the e-mail or letter is sent no later than 14 days from the purchase day.

16.3. Any paid registration fee will be reimbursed without undue delay, but no later than 14 days after the receipt of the request from the Customer.

16.4. The Customer is obligated to return a received Access Card to the Rental Company for their own account if right of revocation is invoked. The Rental Company reserve the right to withhold a paid connection fee until the Access Card is returned or the Customer shows documentation for returning the Access Card.

16.5. The Right of revocation does not apply for reservations or the Rental Period, cf. The Danish Consumer Protection Act, Section 18 (2) no. 12 or purchase where the Customer has given express consent hereto.

17. Refund

17.1. The Customer is entitled to a refund of prepaid amount up to 1 year after expiry date of a product, cf. Payment Services Directive (Betalingstjenesteloven), Section 39 s (2).

17.2. The Rental Company may charge a refund fee if refund is claimed before the expiry date of a product, cf. Payment Services Directive (Betalingstjenesteloven), Section 39 s (3).

17.3. The Customer may only claim refund for products, including minute packages, that the Customer paid for. However, refund is not possible for awarded bonus minutes upon registration as the connection fee originates from administration of the registration.

18. Complaint procedures

18.1. For Customer’s resident in Denmark or outside EU complaints shall be submitted at www.forbrug.dk, and the Customer must remember to inform the Rental Company’s e-mail address Kundeservice@drive-now.dk.

18.2. For Customer’s resident in EU, with the exception of Denmark, complaints shall be submitted to the EU Commission’s online complaint portal http://ec.europa.eu/odr, and remember to inform of the Rental Company’s e-mail address Kundeservice@drive-now.dk.

19. Other

19.1. Any reference to laws, Executive orders, etc., is subject to current law, and therefore any successor law, Executive orders, etc. supersedes these.

20. Venue, governing law and validity

20.1. Any dispute between the Rental Company and Customer which cannot be settled amicably shall be exclusively governed by and construed in accordance with Danish law without regard to its conflicts of laws rules, and shall be settled exclusively by the jurisdiction in which the Rental Company is situated at.

20.2. If one or more of the Terms provisions are invalid, the rest shall remain valid.