MILES FOR BUSINESS
GENERAL TERMS & CONDITIONS
Valid as of October 2023
1. Subject matter
1.1 These General Terms and Conditions ("GTC") govern the business relationship between MILES Mobility GmbH ("MILES") and persons ("Customers") who use MILES’ services in the context of registering a user account (user contract) or as Business Customers in the context of registering a company account. In addition, the Rental Terms and Conditions ("RTC") govern the business relationship between MILES or the local MILES affiliate (“Lessor”) and Customers renting vehicles (rental contract) and/or purchasing and using a supplementary subscription model ("MILES Pass").1.2 Rental contracts and MILES Pass subscriptions under the RTC are executed with MILES as Lessor in Germany or the respective local MILES affiliate as Lessor outside Germany depending on the jurisdiction in which the rental is initiated. Irrespective of whether the rental contract is executed between the Customer and a local MILES affiliate being the Lessor, the user contract is always executed between the Customer and MILES. Where applicable, rental contracts may also be concluded via mobility platforms operated by third parties (each a "Platform"), in which case no user contract is required. In such cases, the general terms and conditions of the respective platform (each the "Platform Terms") shall apply in addition, whereby the contractual partner of the Customer under the rental contract shall always be MILES or the respective local MILES affiliate depending on the jurisdiction in which the rental contract is executed. In any case, the provisions of the RTC apply to rental contracts without limitation.1.3 These GTC are supplemented by the price and cost regulations, which are available at https://miles-mobility.com/en-de/pricing and in the MILES app.1.4 To the extent necessary for the use of MILES' services, the Customer shall provide for the possibility of mobile data communication with the end device and shall bear the costs of data transmission incurred vis-à-vis its mobile network provider.1.5 Further information on MILES and its services, as well as on what to do in the event of an accident, can be found in the FAQ available at https://support.miles-mobility.com/hc/de/categories/360002670840. If the Customer is subsequently required to contact MILES or the Lessor (in case the rental contract is executed with a local MILES affiliate), the telephone number of the service team as provided in the MILES app must be used for this purpose.
2. Registration, user contract
2.1 Registration by the Customer for an individual user account takes place via the MILES app, which can be downloaded to the end device free of charge via the Google Play Store or the Apple App Store.2.2 By entering the requested data and confirming these GTC in the registration process, the user contract between the Customer and MILES is concluded when MILES sends the corresponding confirmation with an activation link and the Customer has clicked on the activation link. For the registration of a user account a registration fee according to the price and cost regulations has to be paid.2.3 There is no claim to the conclusion of a user contract. MILES reserves the right to refuse a registration for any objective and justified reason, for example if there is reason to believe that the potential Customer will not behave in accordance with the contract.2.4 A Customer may not register multiple times in parallel or maintain multiple user accounts with MILES. In case of multiple registrations or registration with false/falsified data, MILES reserves the right to claim contractual penalties according to the price and cost regulations while the assertion of further damages remains unaffected. Any forfeited contractual penalty will be credited against the corresponding claim for damages.2.5 When registering, the Customer enters a password of choice, which is used to access the MILES app once it has been activated. In addition, the Customer selects a personal PIN with which a rental can be started. The Customer can change the password and the personal PIN at any time via the user account.2.6 The Customer undertakes to keep the password and PIN carefully and separately and never to disclose the password or PIN to third parties. The Customer must choose the password and PIN in such a way that it cannot be easily guessed or copied. In particular, it must not be kept unattended or in an openly readable form. The Customer must always ensure that the data relating to the user account is protected and that no third party has access to this data in any way. For this purpose, the user is obliged to protect the end device from third party access with a separate password or an appropriate security (Face-ID, PIN, fingerprint). MILES reserves the right to restrict the use of the MILES App or to exclude the Customer from using it, provided that no access restriction (Face-ID, PIN, fingerprint) is activated on the end device.2.7 If third parties obtain and/or misuse the password/PIN and/or other data relating to the user account, the Customer is obliged to inform MILES immediately. The Customer must then substantiate the incident; evidence of the filing of a police report is not sufficient for this purpose.2.8 In the event of a culpable breach by the Customer of the duties of care with regard to the handling of the password and PIN as well as the procedure in the event of third party access, the Customer shall in principle be liable in accordance with the statutory provisions for all resulting damage, in particular if this has enabled theft, damage or misuse of a vehicle. Furthermore, the Customer is generally liable for all damages incurred as a result of a culpable failure to report the acquisition and/or misuse of the password/PIN and/or other data related to the user account in a timely manner.2.9 If third parties gain access to a vehicle via the Customer's user account or platform account, the Customer is obliged to inform MILES immediately. The Customer must then substantiate the incident; evidence of the filing of a police report is not sufficient for this purpose. In the event of a culpable breach of the aforementioned obligations by the Customer, the Customer shall in principle be liable in accordance with the statutory provisions for all resulting damage, in particular if this has enabled theft, damage or misuse of a vehicle.2.10 The Customer is obliged to notify MILES immediately of any change in his data (name, address, e-mail address, mobile phone number, means of payment). In case of breach of this obligation by the Customer, the Customer shall be liable in particular for damages and consequential damages resulting from outdated or incorrect data. If the data is not up to date, MILES reserves the right to block the Customer's user account.2.11 The user contract is concluded for an indefinite period of time and can be terminated by either contracting party in text form (e.g. letter, e-mail) or via the options provided in the MILES app. Termination by MILES will be communicated with two weeks' notice.2.12 The right of the contracting parties to an extraordinary termination of the user contract remains unaffected. In particular, MILES may terminate without notice and exclude the Customer from any use of the vehicles if the Customer a) has provided incorrect information or concealed facts during registration, verification or in the course of the contractual relationship with MILES and therefore MILES cannot reasonably be expected to continue the contract, b) does not refrain from serious violations of the contractual relationship with MILES or does not immediately remedy consequences of such violations that have already occurred, c) has committed a breach of contract which is subject to a contractual penalty under these GTC or the RTC, particularly violations of the prohibitions in clauses 2.2 and 2.3 of the RTC.2.13 If the user contract is terminated, MILES is entitled to continue to store the data from the user account (in particular the data relating to processed rental contracts) in order to enable performance of any outstanding billing and processing of any outstanding official or criminal charges and/or investigations. Subject to further legal justification, this shall apply in any case for a storage period of 24 months, as this is regularly required for the aforementioned purposes.
3. Authorization of use, driver's license, verification
3.1 Only natural persons are entitled to use the service as Customers and, in particular, are entitled to reserve vehicles and conclude rental agreements under the RTC if they ● have concluded a user contract with MILES in accordance with these GTC, have a user account activated by MILES, have successfully completed the verification process in accordance with clause 3.2, and have the MILES app with the latest software version on their end device,or● are given the opportunity to conclude rental agreements with MILES or the local MILES affiliate via a platform in accordance with the RTC,and in both alternatives● have reached the minimum age of 18 years (in the case of bookings via a platform, the conclusion of rental contracts by novice drivers may be excluded), ● are in possession of a driving license required to drive the respective vehicle and valid in the jurisdiction in which the rental contract is executed and fulfill all conditions and requirements contained therein (provisional driving licenses are not accepted), if any, and● have a registration address in the jurisdiction in which the rental contract is executed or in another state of the European Union.3.2 In order to conclude rental contracts under the RTC, the Customer must have his identity and driver's license checked and verified.● When concluding rental contracts based on the user contract, initial verification takes place by the Customer calling up the verification function in the MILES app. The Customer can then have checked and verified the validity of the driver's license and identity by photo/video. MILES is authorized to use service providers to handle the verification process. Upon request by MILES, the Customer shall again go through a verification process to prove the identity or the current validity of the driver's license. MILES is entitled to request additional documents and records from the Customer for registration and verification purposes.● When concluding rental contracts via a platform, verification takes place by going through the corresponding process on the platform.3.3 The authorization to rent and/or use vehicles shall expire if the Customer's driving license has been revoked or the Customer's driving license has been temporarily seized or confiscated. For the duration of a driving ban imposed by a court or the authorities, the Customer's corresponding authorization is suspended. In case of restriction of the driving license, MILES reserves the right to withdraw the authorization to rent and/or use vehicles.3.4 The Customer shall immediately notify MILES of the revocation or restriction of its driver's license, the effectiveness of a driving ban, or any temporary seizure or impoundment of its driver's license. The notification may be made by telephone or by e-mail.3.5 MILES reserves the right at any time to block a user account or the possibility to conclude rental contracts via a platform. This applies in particular in the event of breaches of contract by the Customer in relation to MILES or a local MILES affiliate, for example in the event of default in payment or breaches of obligations, which are subject to a contractual penalty. In addition, a blocking of the conclusion of rental contracts via a platform can take place if the user contract has been terminated or there are reasons for termination according to clause 2.12 of these GTC. Such measures will be communicated to the Customer by e-mail and/or by letter mail, insofar as the Customer has concluded a user contract.
4. Use of Customer data
4.1 MILES collects and processes the Customer’s personal data in accordance with its Privacy Policy, which is available at https://miles-mobility.com/en-de/privacy-policy.4.2 In the event that the Lessor under the rental contract is not MILES but a local MILES affiliate, MILES and the local MILES affiliate being the Lessor will exchange customer data in order to facilitate the provision of the integrated services under the user contract and the rental contract. In this regard, an arrangement governing joint control over the processing of personal data has been executed, please see the Privacy Policy available at https://miles-mobility.com/en-de/privacy-policy for further information.4.3 The individual rental transactions are recorded by MILES with the start and destination location, start and destination time and duration of use via GPS and listed in the invoice provided by the Lessor under the RTC. MILES is entitled to use service providers to determine the location of the vehicle.4.4 MILES and the Lessor (in case the rental contract is executed with a local MILES affiliate) are entitled to collect, process and use the personal data of the Customer provided for the user account as well as the usage and vehicle data of the Customer (including data for the localization of the rented vehicle as well as the track data generated by GPS during the respective rental) to the extent necessary for the purpose of the performance of the contract or to protect the rights of MILES and Lessor, in particular to prove and prosecute breaches of contract and/or criminal acts as well as to improve the offer of MILES and the Lessor by means of an evaluation. This also applies to data transmitted to MILES and the Lessor by a Platform for these purposes. Incidentally, this also applies to the (generic) location and movement data of the end device of the respective user. In this context, the vehicles may have functionalities that enable MILES to process location data as well as information about the vehicle status (locking, speed, sensor data).4.5 MILES and the Lessor (in case the rental contract is executed with a local MILES affiliate) are entitled to contact the Customer by telephone if there is a specific reason, e.g. to determine the cause of a malfunction. This applies in particular a) in case of disruption of the rental or usage process, e.g. if the Customer opens the vehicle but does not start the journey within ten minutes after opening, b) if the vehicle was locked with the key but the rental was not terminated via MILES App, or c) if the rental lasts for a very long time and it cannot be excluded that the Customer will have problems with the termination of the rental.4.6 If the Customer uses services that are provided by a company other than MILES or a local MILES affiliate, MILES will transmit the necessary Customer data to the performing company for the performance and billing of these services. MILES and the Lessor (in case the rental contract is executed with a local MILES affiliate) reserve the right to disclose personal data of the Customer to law enforcement authorities within the scope of data protection law.
5. MILES for Business
5.1 MILES offers corporate customers who are acting in a commercial or professional capacity and who are registered in the commercial register, or as associations who are registered in register of associations, the opportunity to set up a company account ("Business Customers"). For this purpose, an application to set up a company account must be submitted to MILES, and all information requested therein must be provided truthfully. There is no entitlement to a company account, MILES is free to decide on its establishment. MILES is entitled to obtain a credit report in relation to the company in order to decide on an application.5.2 The purpose of a company account is that costs for the business-related use of the services of MILES are taken over by the Business Customer. For the allocation of such bookings to the Business Customer, user accounts can be linked to the company account and managed there. Details on administration can be found in the FAQ. The Business Customer must designate a person as administrator for the company account, who will be available to MILES as a contact person in case of queries.5.3 Business-related bookings must be initiated by Customers. Once the user account has been successfully linked to the company account, the Customer will have a business profile to choose from in the MILES app. Bookings under this business profile are assigned to the Business Customer's company account. For bookings via platforms, no selection of the business profile is possible.5.4 The linking of a user account with the company account is facilitated by the Business Customer sending an email with a code to its employee via the company account. Insofar as the employee is the holder of a user account with MILES, the employee can confirm the linking in the MILES app and by e-mail. Insofar as the employee does not yet have a user account, the employee must first open a personal user account on his/her/their own responsibility in accordance with these GTC in order to enable the linking. After confirmation by the employee, the Business Customer can manage the linked user accounts and, if necessary, cancel any linking with effect for the future. After the linking has been cancelled, the corresponding Customer will no longer have a business profile available.5.5 The data provided for the company account must always be complete and correct. The Business Customer is obliged to keep the access data and the passwords required for the use of the company account secret and to protect them against unauthorized access by taking appropriate precautions. The Business Customer is responsible for all actions performed via the company account, in particular for linking to user accounts. It is the responsibility of the Business Customer to check links with user accounts regularly and at least once a month and to cancel them if necessary.5.6 Insofar as bookings are made via a linked user account or via the corresponding business profile, respectively, the costs for rental and reservation as well as all other costs associated with the booking under the RTC shall be borne by the Business Customer in accordance with the applicable price and cost regulations (including contractual penalties and lump-sum costs). There shall be an assumption of debt owed to the Lessor under the RTC by the Business Customer making the Business Customer the debtor instead of the Customer. The Lessor will invoice the costs associated with the booking directly to the Business Customer. For clarification: personal warnings and fines (penalty tickets) are forwarded directly to the respective Customer and, if necessary, settled directly via the Customer's means of payment in accordance with the RTC; associated processing fees in accordance with the price and cost regulations are settled vis-à-vis the Business Customer.5.7 The Business Customer acknowledges the then-current applicable price and cost regulations, which can be accessed via the company account. The reconciliation and, if applicable, internal reimbursement of costs if bookings were not business-related despite the use of the business profile or if misconduct has led to special costs is the sole responsibility of the Business Customer in relation to the employee or Customer. MILES is not responsible for monitoring or restricting bookings under business profiles; the appropriate monitoring and management is the sole responsibility of the Business Customer.5.8 The Business Customer can view the current status of bookings made under a business profile and the corresponding costs via the company account. Invoicing shall be carried out by collective invoice per calendar month in which costs were incurred under a business profile. The invoice is sent by e-mail after the end of the calendar month. If the Business Customer does not object to the invoice within four weeks of receipt, it shall be deemed to have been approved. The fee is due immediately and without deduction after receipt of the invoice. The Business Customer is obliged to pay within ten working days. In the event of late payment, the costs of collection (including reasonable attorney's fees) shall be invoiced and interest shall be charged on the total costs at the statutory interest rate for late payment in commercial transactions. In case of late payment, MILES reserves the right to block the company account so that no further bookings under a business profile are possible.5.9 The rental contracts are concluded personally by the Customer despite the fact that the costs are borne by the Business Customer. In this respect, the GTC and the RTC shall apply; in particular, this clause 5 shall apply with regard to the bearing of costs.5.10 The company account is established for an undefined period of time. The Business Customer and MILES may terminate the company account at any time. The company account will then be terminated at the end of the following calendar month. MILES is also entitled to terminate the company account for cause at any time without notice if the Business Customer has materially violated the rights of MILES. No further bookings under a business profile are possible after a termination and cancellation of the company account has become effective. Costs triggered under a business profile shall nevertheless be borne by the Business Customer and shall be due upon settlement.5.11 It is clarified that in the relationship between the Business Customer and MILES, the provisions of these GTC governing to the relationship between MILES and the Customer apply accordingly; this applies in particular to the provisions on liability. In addition, it is clarified that MILES does not assume any liability that operational goals can be achieved by using the services of MILES (e.g. that suitable vehicles are available when required, that no disruptions occur, etc.). The corresponding risk lies solely with the Business Customer.5.12 The Business Customer is obliged to inform its employees whose user accounts are to be linked to the company account in advance about the rights and obligations arising from these GTC and the RTC. The Business Customer is liable for all violations, actions and omissions of the Customers, as far as they were caused under a business profile.5.13 The Business Customer is responsible for informing the employees whose user accounts are to be linked to the company account of this fact and of the Business Customer's ability to view the details of bookings made under the business profile (including trip histories and costs triggered, including by misconduct, if applicable). The Business Customer warrants that all personal data of the employees designated by the Business Customer in connection with the linking of the user account and the company account may be used by MILES in accordance with applicable data protection law.5.14 Employees of business customers are entitled to collect Payback points within the framework of the MILES for Business program. The integration of Payback is automatically activated upon the employee registering their personal Payback card in the MILES application.Payback points shall be credited solely if the central MILES for Business account is invoiced on an individual basis and not as part of a collective invoice. Furthermore, Payback points will only be automatically credited for journeys for which the user has registered a means of payment in the application, with immediate payment executed following the journey.Journeys settled through a collective invoice using a central company payment method shall not be eligible for Payback points. Additionally, points will only be credited if payment is made in full and without any objections. MILES assumes no liability for any modifications or restrictions to the Payback program imposed by the program provider.5.15 Any conflicting terms and conditions of the Business Customer require the express written consent of MILES to be effective. These GTC also apply if MILES provides services without restriction in knowledge of deviating or conflicting terms and conditions of the Business Customer.
6. Liability of MILES
6.1 MILES is liable to the Customer only in cases of intent and gross negligence of its legal representatives and vicarious agents according to the statutory provisions. In all other respects, MILES is liable to the Customer in the event of a culpable breach of material contractual obligations, but limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract. Material contractual obligations are obligations that enable MILES to properly perform the contract with the Customer in the first place and on whose compliance the Customer regularly relies and may rely. The above provisions also apply to legal representatives and vicarious agents of MILES.6.2 The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act.
7. Liability of the Customer
Subject to the specific provisions governing the Customer’s liability in these GTC and the RTC, the Customer shall be liable in accordance with the statutory provisions.
8. Changes to the GTC
8.1 MILES reserves the right to change these GTC and the price and cost regulations with effect for future services at any time, provided that the changes are reasonable for the Customer.8.2 Amendments to the GTC shall be notified to the Customer in writing, by e-mail or in another suitable manner one month in advance. The amendments are deemed to be approved and binding for an existing contractual relationship when they come into force, if the Customer does not object to them either in writing or by e-mail. This consequence will be specifically pointed out to the Customer when changes are announced by MILES. The Customer's objection must be sent to MILES within two weeks after notification of the changes. In the event of a timely objection, MILES is entitled to terminate the user contract with immediate effect.
9. General provisions and place of jurisdiction
9.1 The business relationship between MILES and the Customer is governed by German law. If the Customer as a consumer has his habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in these GTC.9.2 For all present and future claims arising from the business relationship with Customers who are not consumers, the exclusive place of jurisdiction is Berlin. The same shall apply if the Customer does not have a general place of jurisdiction in Germany, moves his place of residence abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought. Statutory mandatory places of jurisdiction remain unaffected.9.3 Should one or more provisions of these GTC be invalid or void, this shall not affect the validity of the contract in its remaining provisions.9.4 The European Commission provides a platform for online dispute resolution (OS) under the link https://webgate.ec.europa.eu/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Right of revocation
Consumers shall have a right of revocation with respect to the user contract subject to the following provisions:Right of revocationYou have the right to revoke this contract within fourteen days without giving any reason.The revocation period is fourteen days from the date of conclusion of the contract.In order to exercise your right of revocation, you must inform us (MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin, telephone number: +49 (0) 30 83 799 699, e-mail address: hello@miles-mobility.com) by means of a clear notification (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of exercise of the right of revocation before the expiry of the revocation period.Consequences of the revocationIf you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.The Customer's right of revocation shall also expire if MILES has fully performed the verification service and has only begun to do so after the Customer has given its express consent thereto and at the same time confirmed its knowledge that it will lose its right of revocation upon full performance of the user contract by MILES.Sample revocation form(If you want to revoke the contract, please fill out and return this form)- To MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin Phone number: +49 (0) 30 83 799 699, e-mail address: hello@miles-mobility.com:- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)- Ordered on (*)/received on (*)- Name of the consumer(s)- Address of the consumer(s)- Date, signature of the consumer(s) (only in the case of notification on paper) (*) Delete as applicable
