GTC

General Terms and Conditions

Issue date August 2018

1. Corporate purpose

These General Terms and Conditions regulate the business relationship between MILES Mobility GmbH (hereinafter referred to as “MILES”) and persons using the vehicle rental offer from MILES.

 

2. Reservation and usage authorization, driving license

Authorized to reserve and use are natural persons (hereinafter referred to as „customer“)

  • who made this contract with MILES in accordance with these terms and conditions,
  • who can prove their minimum age of 18 years,
  • who are in possession of a driving license required in Germany for driving motor vehicle and who carry this driving license with them and
  • who comply with all conditions and requirements,
  • who have the MILES app on their smartphone.

The customer is also prohibited from giving the guidance of the vehicle to other persons.

Removal, limitation of its driving authorization, driving ban or temporary seizure of the costumer’s driving license must immediately be reported to MILES by the costumer.

The authorization to use vehicles expires if the driver has been deprived of the driving license or if the driving license has been temporarily seized or confiscated.

The right of use by the customer shall be suspended for the duration of an administrative-/ or court-imposed driving ban. In the case of restriction of the driving license MILES reserves the right to withdraw the right to use.

In the event of an infringement due to an unauthorized journey, the customer undertakes to pay a contractual penalty of € 500, -. The assertion of further damage remains unaffected. A forfeited contractual penalty shall be added to any claim of compensation.

3. Registration

The registration of the User must be completed online on the website from MILES www.miles-mobiliy.com or using the MILES app which can be downloaded for free on the User’s smartphone. For the registration, the User chooses a by himself selected password. After the activation of the customer’s account (by an activation link) and after the successful verification of the driving license (by a video verification, provided in the app) with this password, the User is authorized to rent according to the Terms and Conditions of MILES. Further information about the registration process can be found on the website www.miles-mobility.com.

4. Reservation

4.1 The customer can see all available vehicles in his environment via the MILES app. After the customer has logged into his account via the app, he can reserve the selected vehicle by clicking on “Reserve Now!” for up to 12 hours.

4.2. If the customer does not use a reserved vehicle within the reserved time, the vehicle will be released for use by other customers. MILES is entitled to refuse the reservation if there are not enough MILES vehicles to fulfill the booking requests.

For up to 30 minutes, the Costumer can cancel any reservation for free in the MILES app.

4.3 Before opening the vehicle, the customer must answer the following questions via the smartphone app:

– Is the vehicle damaged?

– Are you carrying your driving license?

The vehicle cannot be opened, if

– the customer is not carrying his driving license.

– the vehicle is already reserved by another customer.

– the vehicle was blocked by MILES.

 

5. Handling and usage of the vehicles

5.1 The customer must handle the vehicles with care and in accordance with the instructions in the manual, the operating instructions, the vehicle documentation and the manufacturer’s instructions. The customer must convince himself of the road safety of the vehicle before departure, in particular by a visual inspection of the tires.

The customer must secure the MILES vehicle against theft before parking (window, sunroof, if necessary, top and doors must be closed). The customer must comply with road traffic regulations when participating in road traffic with the MILES vehicle.

5.2 The customer is not allowed to use the vehicle for the following purposes:

a) motor sport purposes, especially events with the aim to achieve a maximum speed.

b) vehicle tests and driving safety training as well as off-road driving.

c) commercial transportation of persons and other commercial entrainment of persons.

d) for subletting or for advertising measures of the customer.

e) for commission of criminal offences.

f) for carriage of highly flammable, toxic or other dangerous substances.

g) for the transport of objects which, due to their shape, size or weight, can impair driving safety or damage the interior.

h) for towing trailers, vehicles or other objects.

i) for the transport of animals, unless they are in a closed cage, which is safely stowed in the trunk.

Furthermore, the customer is prohibited from

j) using the vehicle for trips outside Germany.

k) using the vehicle under the influence of alcohol (limit of 0,0 ‰), drugs oder medicines that could affect the ability to drive.

l) transporting children under the age of 12 years or shorter than 150cm if no suitable and age-appropriate restraint (infant carrier, child seat, booster seat) is used for the child. The customer must follow all manufacturer’s instructions for assembling and disassembling child restraint systems.

m) excessively soiling the MILES vehicle or leaving any type of waste in the vehicle.

n) smoking in the MILES vehicle or allowing passengers to smoke.

o) using the vehicle only to stay, without moving it (vehicle blockade). MILES assumes that there will be a vehicle block if the vehicle needs more than 10 minutes for one kilometer. If, due to special circumstances, traffic-related or due to other exceptional circumstances, the customer was in fact unable to move the vehicle more than 1 km within these 10 minutes, he is obliged to prove this to MILES.

p) Violations or non-fulfillment of a provision in accordance with the preceding letters entitle MILES to terminate the rental contract without notice or to withdraw from the framework contract. Compensation claims of the Customer are excluded in such a case. The right to compensation for the damage caused to MILES due to the breach of any of the provisions of the preceding paragraphs shall remain unaffected.

5.3 Furthermore, the MILES Service Center is entitled to assist in the event of disruptions to the rental or use process, e.g. if the driver opens the vehicle, but within 10 minutes of opening the ride does not start, or if the vehicle is unused locked with the key, but the ride was not terminated by the MILES app, and to contact the costumer by phone and to determine the cause of fault.

 

6. Refueling, fuel card

6.1 If the amount of fuel / loading capacity drops to less than 25% of the total capacity during the journey or at the end of the journey, the customer may, or rather should refuel / recharge the vehicle. For refueling at certain petrol stations, which notified to the customer, the fuel card in the vehicle and the PIN displayed on the smartphone app for this procedure must be used. For other petrol stations, the customer must pay the fuel bill. The invoice amount will be refunded to the customer upon presentation of the original invoice. For the refueling process, the customer receives credits according to the valid MILES price list.

6.2 The customer undertakes to use the fuel card exclusively for refuelling the rented vehicle. MILES reserves the right to report any other use of the fuel card to the appropriate law enforcement authorities.

 

7. Contractual penalty

The customer undertakes, for each case of culpable breach of contract against

Clause 5.2. c) (for the commercial carriage of passengers and other commercial carriage of persons)

Clause 5.2. (e) (commission of criminal offences), (k) (driving under the influence of alcohol, drugs, etc.),

Clause 6.2. (Use of the fuel card),

to pay a contractual penalty of € 500, -.MILES may also demand compensation. A forfeited contractual penalty shall be added to any claim of compensation.

 

8. MILES’ liability

8.1 MILES shall be liable to the customer only in cases of intent and gross negligence on the part of its legal representatives and vicarious agents, with the exception of breach of material contractual obligations. Essential contractual obligations are obligations, which MILES must fulfill in order to ensure the proper execution of the rental agreement and on the compliance with which the participant regularly relies and may rely. The strict liability of MILES for initial material defects in the vehicle is excluded.

8.2 The above limitations of liability shall not apply in the event of injury to life, limb or health, fraudulent concealment of a defect, assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act.

 

9. Liability of the customer, insurance cover and deductible of the customer

9.1 In the event of damage to or loss of the vehicle, its accessories or individual vehicle parts as well as breach of contract, the customer shall be liable in accordance with the statutory provisions. The customer’s liability also extends to incidental costs such as expert costs, towing costs, depreciation, upgrading of insurance premiums and loss of rental income.

All vehicles are covered by liability and fully comprehensive insurance to the usual extent.

In particular, the limitation of liability does not cover damage caused by improper handling and/or operation of the vehicle, such as switching errors, ignoring warning lights or misfuelling or loaded cargo.

The General Terms and Conditions for Motor Insurance, AKB 2008 (hereinafter referred to as “AKB”), issued by the Gesamtverband der Deutschen Versicherungswirtschaft e. V. GDV, shall apply to the above insurance policies and the above limitation of liability, unless otherwise agreed in these GTCs.

Insofar as MILES receives payments from insurance companies or third parties in respect of a claim, these payments shall be set off against the customer’s compensation obligations.

9.2 For damages caused intentionally by the customer or his vicarious agents, there is no insurance cover and no limitation of the customer’s liability to the deductible. In the event of liability on the part of the customer without insurance cover from the vehicle insurance, MILES shall be exempted by the customer against claims by third parties.

9.3 Within the limitation of liability, the customer shall be liable for damages to MILES up to an amount equal to the agreed deductible of € 1,000 per claim and € 2,500 per claim for new drivers. The customer is considered to be a new driver if he is in possession of the driving license for less than 12 months. If damage was caused by gross negligence, MILES shall be entitled to reduce its obligation to perform within the agreed limitation of liability in proportion to the severity of the fault.

9.4 If MILES suffers damage in the event of a culpable breach by the customer of the specifications for the use of the vehicle notified to it in accordance with Clause 5 of these General Terms and Conditions, the customer shall be fully liable for the entire damage in excess of the deductible.

9.5 The customer shall be fully liable for any infringements of the law committed by him, in particular for infringements of traffic and administrative regulations during the period of use and in the context of parking the vehicle. The customer undertakes to exempt MILES from all fines, warnings, fees, costs and other expenses incurred by the authorities or other institutions in the context of the aforementioned infringements by MILES.

As compensation for the administrative expenses incurred to MILES for the processing of enquiries addressed to MILES by the prosecuting authorities for the investigation of administrative offences and criminal offences committed during the rental period, MILES shall receive a lump sum for each case in accordance with the price list valid at the time of the rental, unless the customer proves that MILES has incurred no or a lesser expense; MILES is at liberty to assert further claims for damages if corresponding evidence is provided.

9.6 A claim to the contractual limitation of liability shall not exist if an obligation to be fulfilled by the customer, in particular in the event of a breach of his obligations under section 10, has been intentionally breached. In the event of a grossly negligent breach of an obligation to be fulfilled by the customer, MILES shall be entitled to reduce its performance within the scope of the limitation of liability in proportion to the severity of the fault. In deviation from this, the agreed deductible of € 1,000.00 per case of damage shall remain in force insofar as the breach of the obligation is neither the cause for the occurrence of the case of damage nor for the determination or extent of the damage suffered by MILES; this shall not apply if the obligation was fraudulently breached.

 

10. Obligations in the event of accidents, damage, theft, damage or other destruction of the vehicle

Accidents, damage, theft and other destruction of the vehicle must be reported to MILES immediately by telephone. The customer is obliged to ensure that all measures necessary to minimize damage and preserve evidence are taken. For this purpose, the customer must report any damage to the police.

The customer may only leave the scene of the accident if

– the police registration has been completed and

– the vehicle is handed over to a towing company, or

– has been parked within the business area after consultation with MILES. The continuation of the journey is only permitted with the explicit permission of MILES.

These obligations of the customer shall not apply if the customer is entitled or excused to leave the accident site due to injuries caused by the accident.

If the vehicle is no longer roadworthy or drivable, the customer shall be liable for all costs arising from the return of the vehicle in the event of accidents for which the customer is responsible. Even in the event of an accident, the rental agreement shall not be terminated until the vehicle has been properly returned in accordance with § 11 and the user charges shall be calculated accordingly. If, as a result of the accident, the vehicle is no longer roadworthy or drivable, the rental agreement shall end after consultation with MILES upon handover to the towing company.

Furthermore, the customer is obliged to immediately forward a written accident report to MILES and to name the police file number. All instructions issued by the MILES service center must be observed. The customer shall not be permitted to make an acknowledgement of debt or to anticipate the settlement of any liability claims by means of payment services or other actions recognizing damage and/or debt (endangerment of insurance cover). At the request of MILES, the client must complete and sign the claim form provided by MILES and return it to MILES within 7 days. If the damage is not settled by the insurance company due to a delayed return, MILES reserves the right to charge the customer with all costs incurred as a result of the accident.

In any case, MILES alone shall be entitled to choose the repair workshop. In all cases, MILES shall be entitled to compensation in the context of damage to MILES vehicles. If the customer has received such services from third parties, he must pass them on to MILES without being requested to do so.

 

11. End of the individual rental agreement, return of the vehicle

11.1 The Customer shall terminate a rental transaction by parking the vehicle in an admissible parking area in the MILES business area in the city of the rental ­– chargeable or not chargeable – in accordance with the Road Traffic Regulations. After the customer has properly parked the vehicle, he puts the key back into the holder (not with Keyless Go) and locks the vehicle using the MILES App. In this process, the system checks whether the fuel card/parking card and the key (not with Keyless Go) are in their intended place. Only in this case the rental transaction is effectively terminated. If the rental agreement is not terminated effectively, the MILES price list shall apply. The rental process can also be terminated via the hotline. The customer is informed about the boundaries of the business area via the MILES App.

11.2 The customer undertakes not to terminate the rental on private or company premises unless these are explicit designated as MILES parking spaces. The ban applies in particular to customer parking spaces in shopping centers and supermarkets, which are designated as such. The MILES vehicle must be accessible to everyone at all times after return. If a relocation by MILES is necessary or a towing service is commissioned by a third party, the customer will be charged for this service in accordance with the current price list. The customer may only park the MILES vehicle in areas with a day or time restriction on parking entitlement (e.g. stopping restrictions with additional signs such as “7:00 – 17:00” or “Monday 6:00 to 12:00”) if the restriction does not take effect until 48 hours after the vehicle has been parked. This also applies to traffic bans that have already been imposed but are not yet valid (e.g. temporary parking bans due to events or relocations). In the event of a culpable breach of these obligations, the customer shall bear any fines or towing costs.

11.3 If the termination of the rental process fails because no mobile phone connection can be established, the Customer must relocate the vehicle and attempt to terminate it again. If the customer leaves the MILES vehicle without proper ending of the rental process, the rental agreement and the calculation of the usage fee shall continue. If the termination of the rental process fails, for example for technical reasons, the customer is obliged to report this immediately to the Service Center in order to coordinate the further procedure with the Service Center. If the customer is not responsible for the lack of possibility to terminate the rental process, any additional rental costs will be refunded.

11.4 If, according to the MILES App, the vehicle can be returned outside the business area, the rental agreement shall end when the client has parked the vehicle in an admissible, free parking space and the client has informed MILES about the parking location.

In such cases, the customer shall be obliged to pay MILES a travel allowance, the amount of which shall be communicated to the customer by e-mail after the rental when the vehicle is returned outside the business area.

11.5 At the end of the rental process, the vehicle must still have at least 5% fuel level. The remaining fuel level can be read at any time via the smartphone app. In the event of culpable breach of this obligation by the customer, the customer shall bear any additional costs incurred for transportation to refueling as well as any repair costs.

11.6 Proper return of the vehicle requires in particular the following:

a) The interior of the vehicle is in a clean condition. If the vehicle is returned in a grossly dirty condition (in particular vomit) or if there is waste of any kind in the MILES vehicle, the customer shall bear the cleaning costs in accordance with the price list applicable at the time of the rental. If the customer proves that MILES has a lower expenditure, the costs to be borne by the customer shall be reduced accordingly. If MILES proves that the actual expenditure was higher, these will be invoiced to the customer.

b) The vehicle must be properly locked against theft using the MILES App. In particular, the doors, windows and sunroof must be closed, the steering wheel lock engaged and the lights switched off.

c) The vehicle must be returned with all documents, fuel cards, parking cards and parking passes.

d) No equipment and accessories of the vehicle, in particular the vehicle key, shall be missing.

If no agreement can be reached on the condition of the vehicle, including any existing damage, defects and their evaluation, MILES shall commission an independent expert company to determine the condition of the vehicle and any reduction in value. The expert opinion is binding for both contracting parties as an arbitrator’s opinion. The costs of this expert opinion shall be borne by the parties in proportion to their prevailing/unprevailing. The expert opinion does not exclude legal recourse.

 

12. Charges, payment conditions

12.1 MILES shall charge the customer fees for the use of the vehicle in accordance with the price list valid at the time of the individual rental and notified to the customer. The invoicing of the charge to be borne by the customer is based on the kilometers driven by the customer. The first kilometer is due and payable when the vehicle is opened.

The current price list can be viewed on the Internet at www.miles-mobility.com. MILES is entitled to change the price list at any time for future rentals.

After each rental, the customer receives an automatically generated e-mail about the rental amount due for the respective rental. The rental price including VAT is invoiced on a regular basis (weekly/monthly) and is due for payment immediately.

Payments are made according to the payment method chosen by the customer (credit card, prepaid credit card, direct debit). The invoice will be sent automatically by e-mail no later than 10 days after expiry of the last weekly single individual agreement. Electronic invoices entitle to deduct input tax if the legal requirements are met.

12.2 In the case of payment by direct debit, the customer must ensure sufficient cover on his current account immediately after receipt of the invoice.

12.3 In the case of payment by direct debit (direct debit authorization):

– Payment by direct debit requires a current account maintained in the EU.

– The customer revocably authorizes MILES to collect the fees to be paid by the customer by direct debit from the specified current account.

– By specifying the current account, the customer confirms that he is entitled to direct debit via this current account.

– If the amount collected is debited back by the Bank and the Customer is responsible for this circumstance, the Customer shall pay the costs incurred by the return debit note.

– Subsequent to any occurence of default, MILES will charge a fee for each reminder corresponding to the additional expenses incurred by MILES as a result of the default, which can be found in the price list valid at the time of rental. The customer is permitted to prove that no reminder charges at all or significantly lower than the stated flat rate have been incurred.

– In view of the effort and costs involved in return direct debits, the customer is requested not to object to the direct debit in the event of a complaint, but first to seek clarification with MILES. In the event of a justified complaint, the payment received will be refunded to the customer or a credit note will be issued.

12.4 The customer authorizes MILES

– to carry out creditworthiness checks and Schufa queries

– to charge the payment details (credit card, prepaid credit card or current account) indicated by the customer at the time of the first rental, also for all later rentals as well as any other fees owed by the customer from or in the context of the rental (e.g. registration fee, administration fee in the event of violations of traffic regulations, tolling offence, contractual penalties, etc.).

 

13. Technician commissioning

If the customer causes the commissioning of a technician by improper usage of the vehicle or the access technology, the customer shall be invoiced the costs according to the price list, unless the customer proves that MILES incurred none or only minor expenditure. MILES may demand compensation for further damage if MILES proves that the damage is higher than the costs listed in the price list. The limitation of liability to the amount of the deductible shall not apply in the event of faulty operation by the customer.

 

14. Offset

The customer may only offset claims of MILES against undisputed counterclaims or counterclaims which have been legally established or are ready for decision.

 

15. Amendments to the GTC

MILES shall be entitled to amend the General Terms and Conditions for future individual rental agreements insofar as the amendments are reasonable for the customer. The customer shall be notified of any changes to the GTC in writing, by e-mail or in any other suitable manner at an early stage. The changes shall be deemed approved and binding for an existing contractual relationship when they come into force, if the customer does not object either in writing or by e-mail. The customer will be specifically informed of this consequence when MILES announces changes. The customer’s objection must be sent to MILES within one month of notification of the changes.

16. Termination, blocking

MILES reserves the right to exclude customers from using the vehicle. This applies in particular to culpable breaches of contract on the part of the customer, in particular in the event of default in payment or breaches of the obligations set out in Item 6, MILES may temporarily exclude the customer from using the vehicle with immediate effect and block the access medium.

 

17. Information duty of the customer

The customer is obliged to inform MILES immediately of any change in his address, e-mail address, mobile phone number, payment details (credit card, prepaid credit card or current account) and any restriction to his driving authorization. In the event of culpable breaches by the customer of this obligation, the customer shall be liable in particular for damages and consequential damages resulting from outdated or incorrect customer data.

 

18. Privacy Policy

18.1 MILES shall be entitled to collect, process and use the User’s personal data, including customer-related usage and vehicle data (including data for locating the vehicle), insofar as this is necessary for the purpose of implementing the MILES framework agreement and the individual rental agreements. The individual rental processes report start and destination, start and destination times, duration of use. They are listed in the invoice.

18.2 MILES uses Google Maps API applications for this purpose and to determine the current vehicle location and to display the next freely available vehicle. These applications are essential for the functionality and full provision of all MILES services. The use of Google Maps serves MILES to determine the current location of the vehicles and to display the nearest freely vehicle to the customer. It also reports the destination, start and destination times and the duration of use. This information is not passed on to Google; the transmission of all location data to Google is made anonymous.

18.3 If the client uses MILES services provided by a company other than the contracting party, MILES shall provide the company performing the services with name, address, driving license and payment method data for the purposes of performing and billing these services.

MILES may pass the client’s personal data to administrative and law enforcement authorities to the extent permitted by law. If services provided by third parties (e.g. vehicle services) are used within the framework of the rental or registration relationship, MILES is entitled to pass on personal data of the customer to these third parties insofar as this is necessary to fulfill the contract with the participant. This applies in particular to the passing on of the data within the framework of the verification process via the video verification provided in the MILES App to the service provider Bitaffect UG, Feurigstraße 54, 10827 Berlin.

18.4 Data transmission for credit card payments is carried out via SSL encryption.

 

19. General provisions and place of jurisdiction

19.1 The business relationship shall be governed by German law.

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

19.3 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.

19.4 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. MILES and the User undertake to close any loopholes using the objective and the presumed will of the parties to the contract.

 

 

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