GENERAL TERMS AND CONDITIONS
Valid as of July 2020
1.1 These General Terms and Conditions (the “Terms”) shall apply to the business relationship between MILES Mobility GmbH (“MILES”) and MILES services users (“Customers”) in connection with the registration of a user account (“User Contract”) and/or car rental (“Rental Contract”).
1.2 The execution of Rental Contracts with MILES may also be available via mobility platforms operated by third parties (each a “Platform”). In such case, no User Contract is required. The terms and conditions of the respective Platform (the “Platform Conditions”) apply, while MILES shall always be the Customer’s contracting partner with regard to the Rental Contract. The provisions of these Terms apply to all Rental Contraacts without restrictions.
1.3 These Terms shall be supplemented by the rates and fee schedule, which can be viewed in the MILES app or at https://miles-mobility.com/rates/. Exclusively the rates and fees valid at the time of rental or reservation (if made) shall apply. The rates and fees are end prices and include applicable statutory sales tax (“Umsatzsteuer”).
1.4 To the extent the use of MILES services requires such, Customers shall themselves be responsible for ensuring that their end devices can communicate with MILES’ systems and shall themselves bear the cost of data-related charges incurred vis-à-vis their cellular network provider.
1.5 Additional information regarding MILES and its services can be found in the FAQ (https://miles-mobility.com/faq). If these Terms require that Customers contact MILES, Customers will contact MILES using the service team telephone number provided in the MILES app unless another form of contact is prescribed.
2. Registration, user agreement
2.1 Customers can register by creating their individual user account on the MILES website (www.miles-mobility.com) or in the MILES app which is available for free download to their end device from the Google Play Store or Apple App Store.
2.2 By providing the information requested and by confirming these Terms during the registration process, the User Contract between the Customer and MILES will be formed if MILES has sent the relevant confirmation containing an activation link and the customer has clicked on the activation link. For the registration of a user account, a registration fee as set forth in the rates and fee schedule will be charged to the Customer. 2.3 Customers shall have no claim to enter into a User Contract. MILES reserves the right to refuse registration without providing reasons in cases including, but not limited to, those in which there is reason to believe that the potential customer will not conduct him or herself in compliance with the User Contract.
2.4 Customers may neither register more than once nor have multiple MILES user accounts. In case of multiple registrations or registrations with false/falsified data, MILES reserves the right to claim contractual penalties according to the rates and fee schedule.
2.5 During the registration process, Customers will choose a password, which they can use to access the MILES app once MILES has unlocked their user account. In addition, Customers will choose a personal PIN that can be used to start rentals. Customers can change their password and their personal PIN at any time via their user account.
2.6 Customers must ensure that their password and personal PIN are kept secure and separately, and may never share them with third parties. Customers must choose a password and personal PIN that cannot be easily investigated or copied. In particular, Customers may not leave their password out in the open or where it can be read. Customers must ensure, at all times, that their user account information is safeguarded and cannot be accessed by third parties in any way. The Customers must therefore use a separate password or suitable safeguard (Face-ID, PIN, Fingerprint) to protect its end device against third-party access. MILES reserves the right to restrict the use of the MILES app or to exclude the Customer from using it if no access restriction (Face-ID, PIN, Fingerprint) is activated on the end device. If third parties obtain and/or use in an unauthorized manner the password, personal PIN, and/or other user account information, Customers shall be obligated to inform MILES thereof immediately. Customers must then explain the incident in detail; providing back-up material evincing that a police report has been filed does not constitute sufficient explanation. If Customers have culpably breached their duties of care, Customers shall be liable, in accordance with applicable law, for all damage incurred as a result thereof, particularly if their breach has rendered possible the theft of, damage to, or unauthorized use of a vehicle. Furthermore, Customers shall be liable for all damage which MILES sustains due to their failure to fulfil their responsibility to report that the password, personal PIN, and/or other user account information has been obtained and/or used in an unauthorized manner. In such a case, any limitation of liability to a deductible, which has been stipulated in the event of damage to the vehicle, shall not apply.
2.7 Customers shall be obligated to notify MILES immediately of any change to their information (name, address, email address, cell phone number, payment method). If Customers culpably fail to fulfil this obligation, they shall be liable, in particular, for damage and consequential damage resulting from outdated or incorrect information. If the information is not up-to-date, MILES reserves the right to suspend user accounts.
2.8 The User Contract shall be formed for an indefinite term and may be terminated by either party thereto, in any form of writing (e.g. a letter, email), with two weeks’ notice as of the end of the month.
2.9 Section 2.8 shall be without prejudice to the right of the contractual parties to terminate for cause the User Contract and/or a Rental Contract. MILES can terminate for cause in cases, including, but not limited to, those in which Customers a) have defaulted on two payments; b) have provided incorrect information or withheld facts in connection with registration, verification or their contractual relationship with MILES, which incorrect information or withheld facts render the continuation of the agreement unacceptable for MILES; c) despite having received a written warning, continue severe breaches of contract vis-à-vis MILES or fail to rectify, without undue delay, any consequences caused by such breaches of contract; d) have committed a breach of contract which establishes a claim to contractual penalties under these Terms.
2.10 If the User Contract and/or Rental Contract as contemplated by Section 2.9 is terminated for cause, MILES shall have, in particular, a claim to the immediate return of any vehicle currently used by the Customers. If Customers fail to return the vehicle in due time, MILES shall have the right to take possession of the vehicle at the Customers’ cost.
2.11 If the User Contract is terminated, MILES shall have the right to continue to store the user account information (including, but not limited to, information relating to the Rental Contracts performed) on record for a period of 12 months in order to bill any outstanding accounts receivables and, if applicable, to settle any outstanding official or criminal fines and/or investigations.
3. Right of use, driver license, verification
3.1 Eligible as Customers having the right to use and, in particular, to reserve vehicles and execute Rental Contracts are only natural persons who
have executed a User Contract with MILES as contemplated by these Terms, have a user account that has been unlocked by MILES, have successfully completed the verification process as contemplated by Section 3.2, and have the MILES app with the current software version installed on their end device,
have obtained the option to execute Rental Contracts with MILES as contemplated by these Terms via a Platform,
and, in both alternatives,
are at least 18 years of age (in case of bookings via a Platform, the execution of Rental Contracts by Customers who have not been in possession of a valid driver license for more than twelve months may be excluded), and
have a driver license, which is valid in Germany, required to drive the relevant vehicle and who fulfil any and all conditions and requirements therein.
3.2 In order to form Rental Contracts, Customers must allow their identity and driver license to be verified.
For verification when the Rental Contract is executed based on a User Contract, Customers must access the verification function of the MILES app. Then, Customers must have the validity of their driver license and their identity verified by photo/video. MILES shall have the right to retain service providers to carry out the verification process. At the request of MILES, Customers must repeat the verification process to confirm their identity or the validity of their driver license. MILES shall have the right to require that Customers provide it with further documents for the registration and verification process.
For verification when the Rental Contract is executed via a Platform, Customers must fulfil the requirements of the verification function as provided by the Platform.
3.3 Authorization to rent and/or to use vehicles will be revoked if Customers have their driver license suspended, temporarily seized, or confiscated. Customer authorization shall be revoked for the duration of the driver license suspension imposed by a court or authority. In the event the driver license has been restricted, MILES reserves the right to withdraw the right to rent and/or to use vehicles.
3.4 Customers must immediately inform MILES that their driver license has been revoked or restricted, that their driver license has been suspended or that their driver license has been temporarily seized or confiscated. Customers may notify MILES thereof by telephone or email.
3.5 Customers are prohibited from renting and/or using a vehicle as contemplated by Section 3.1 without authorization. Customers are also prohibited from allowing other persons to drive the vehicle or otherwise making it possible for third parties to drive or use the vehicle in any way. Such shall apply even if the other persons are also MILES Customers. Customers who breach the aforementioned duties shall be obligated to pay contractual penalties as set forth in the rates and fee schedule. Such shall be without prejudice to MILES’ claim to the reimbursement of the damage suffered as the result of the Customers’ culpable breach of said duties.
3.6 MILES reserves the right to restrict Customers’ use of the vehicle at any time or to revoke temporarily or permanently a user’s authorization to use vehicles or to form Rental Contracts, and/or to block their user account and/or the option to execute Rental Contracts via a Platform. In particular, such shall apply in the event of culpable breaches of contract by Customers: for example, in the event Customers default on payment or in the event of breaches of the duties establishing a claim to contractual penalties. In addition, the option to execute Rental Contracts via a Platform may be blocked if the User Contract has been terminated or there are reasons for termination according to section 2.9. Customers will be informed via email if such steps are taken provided a User Contract has been executed.
4. Rental Contracts and reservations
4.1 MILES invites Customers, who are authorized to rent and/or use vehicles in accordance with these Terms, to form Rental Contracts regarding the use of the available vehicles inside the MILES Zone. Rental Contracts can either be executed based on a User Contract via the MILES app or via a Platform using the corresponding Platform application. Customers with a User Contract can also decide to alternatively execute Rental Contracts via a Platform. MILES shall decide at its discretion whether to form Rental Contracts. Customers have no claim to a particular vehicle or the formation of a Rental Contract.
4.2 The “MILES Zone” means the area within whose limits the relevant vehicle can be rented and the rental can subsequently be ended. The MILES Zone and available vehicles can be viewed in the MILES app and/or the Platform application eligible to execute Rental Contracts. In individual cases, an inaccurate GPS signal may result in the actual location differing from the one shown. Vehicles that have been reserved or blocked by MILES cannot be unlocked and/or rented.
4.3 In order to rent or to reserve a vehicle via the MILES app, Customers must be logged into their user account, and must have selected a payment method in their user account and entered the relevant data. MILES reserves the right to demand payment by credit card. In order to rent or to reserve a vehicle via a Platform, the Platform Terms apply in addition to these Terms.
4.4 Via the MILES app or the respective Platform application, Customers can reserve the selected vehicle. MILES shall have the right to refuse a reservation, especially if there are not enough vehicles available to meet your reservation requests. If a Rental Contract is not formed or Customers do not use a reserved vehicle during the reservation period, the vehicle will be made available for other Customers to use. MILES reserves the right to refuse multiple or consecutive reservations.
4.5 The execution and performance of a Rental Contract shall be carried out as follows, depending on whether the Customer wishes to execute the Rental Contract based on the User Contract or via a Platform:
By the Customer logging into the user account, entering the personal PIN and unlocking the vehicle via the MILES app.
By the Customer applying the procedure as suggested by the Platform Terms via the Platform application.
4.6 Before beginning their trip, Customers are required to check the vehicle for any damage. New damage must be reported before getting into the vehicle and starting the motor. The MILES app and the Platform application, respectively, let Customers view any damage known and previously reported. If Customers find new damage, they must notify MILES in due time. This can be done via telephone or via the MILES app before starting the ride. Once the service team has documented the damage, Customers can, if no further damage has been found, begin their trip unless MILES has to block the vehicle due to the severity of the damage. MILES alone shall decide whether a vehicle is roadworthy.
4.7 The rental ends once Customers have duly ended the rental process as contemplated under Section 6 or if MILES has the right to end the rental in accordance with these Terms and unilaterally ends the rental.
5. Handling and use of vehicles
5.1 Customers must handle the vehicles with care and in accordance with the instructions in the handbook, operating manual, vehicle documentation, and in accordance with the manufacturer’s specifications. Before beginning their trip, Customers must inspect vehicle to ensure it is roadworthy, e.g., by performing a visual check of the tires. Once they have parked, Customers must ensure the vehicle is secured against theft (windows, sunroof, convertible top and doors must be closed and locked). When in road traffic, Customers must comply with all road traffic regulations. MILES shall assume no liability for damage caused by the Customers’ culpable breach of these duties.
5.2 Customers are prohibited from using the vehicle for the following purposes: a) in connection with motorsports, in particular for events involving the attainment of high speeds; b) for vehicle tests, driver safety training, and driving on unpaved surfaces and “drifting” (engaging the hand brake, except to prevent the vehicle from rolling away); c) for commercial passenger transportation, other commercial transportation of persons, or for commercial trips (e.g. courier trips); d) for subleasing or for the Customers’ promotional measures; e) to commit crimes; f) for transporting flammable, toxic, or otherwise hazardous substances; g) for transporting items, which due to their shape, size, or weight could compromise driving safety or damage the interior; h) for towing trailers, vehicles or other items; i) for transporting animals unless they are kept in a carrier that is safely stowed in the trunk.
5.3 Customers are also prohibited a) from using the vehicle for trips outside of Germany, b) from driving the vehicle under the influence of alcohol (a blood alcohol concentration of 0.0‰ applies), drugs or medication that could affect one’s driving ability; c) from transporting children under 12 years of age or whose height is below 150 cm if no appropriate, age-appropriate restraint system (infant car seats, small child safety seats, booster seats) is used in compliance with all manufacturer mounting and removal instructions; d) from transporting more passengers than permitted in the vehicle registration; e) from heavily soiling the vehicle or leaving refuse of any kind in the vehicle; f) from smoking in the vehicle or from allowing passengers to smoke, including the use of e-cigarettes or other liquid or tobacco vaporizers; g) from remaining in the vehicle without driving it (tying up the vehicle in an unauthorized manner, MILES assumes that the vehicle is being tied up if it requires more than 10 minutes to travel one kilometer; if Customers were in fact unable to travel more than one kilometer in 10 minutes due to exceptional circumstances, traffic or another exceptional situation, they must provide MILES with back-up material evincing such); h) from repairing or having repairs done on the vehicle.
5.4 Any performance of the prohibited actions under Sections 5.2 and 5.3 shall entitle MILES to terminate for cause the User Contract and the Rental Contract. In such a case, Customers shall not have any claims to reimbursement. If Customers perform the prohibited actions under Sections 5.2 and 5.3, they shall be obligated to pay contractual penalties as set forth in in the rates and fee schedule. Such shall be without prejudice to the claim to the compensation of damage that MILES accrues as the result of the Customers’ culpable performance of the prohibited actions.
5.5 If a dashboard warning light turns on, Customers shall be obligated to stop without undue delay and contact MILES to check whether they can continue their trip. MILES has the right, at any time, to take back the vehicle as coordinated with the Customers, and to replace it with a comparable MILES vehicle. If the MILES vehicle is not roadworthy, Customers will not be charged a rental fee.
5.6 If a technician must be deployed due to improper use of the vehicle or the vehicle access technology by Customers or Customers intentionally reported faults incorrectly, Customers will be billed lump-sum costs as contemplated by the rates and fee schedule.
6. End of the Rental Contract
6.2 Once Customers have properly parked the vehicle, they must put the key back in the holder (unless it is a keyless-go vehicle) and lock the vehicle via the MILES app or the respective Platform application. In the process, a check will be performed to determine whether the gas card/parking card and the key (unless it is a keyless-go vehicle) are in the designated spot, all windows and doors are closed, and whether the vehicle is parked in an area that is “eligible for vehicle return”. Only if everything is in the right spot, the process for ending the rental will continue.
6.3 The Rental Contract will end once the Customer has locked the vehicle via the MILES app or the respective Platform application, and the summary for the rental ended will appear in the MILES app or the respective Platform application. MILES can also end the rental, which ends upon confirmation by the service team. MILES also reserves the right to initiate automatically the termination of the rental after the vehicle has been parked properly.
6.4 Customers will be advised that the rental has ended in the MILES app or the respective Platform application, and a written summary will be sent to the email address specified in the user account or with the Platform, respectively. Customers must ensure that the rental has actually ended before leaving the vehicle. Until the rental has effectively ended, Customers are required to continue to pay for the use of the vehicle in accordance with the rates and fee schedule.
6.5 The rental effectively ends only if a mobile link to the vehicle in its final location has been established and the vehicle is located inside the MILES Zone where the rental began. If a mobile link to the vehicle cannot be established, Customers are required to repark the vehicle and try to end the rental again.
6.6 If the rental cannot be ended for technical reasons, Customers must advise MILES promptly thereof in order to agree to the further course of action. Additional rental costs incurred will be refunded following review by MILES if they are not attributed to the Customers. Customers shall be responsible for additional costs: e.g., if the vehicle rental cannot be ended because the gas card/parking card or the key is not located in the designated spot, the windows or doors are not closed or the vehicle is outside the MILES Zone.
6.7 Customers are prohibited from terminating their rental by parking it on private or company premises not expressly designated as a MILES location parking space. In particular, the vehicle may not be parked in the customer parking lots of shopping centers or supermarkets. Once the rental has ended, the vehicle must be readily available, at no charge, to other customers. If MILES has to repark the vehicle or a third party hires a towing service, Customers must pay the relevant lump-sum costs as set forth in the rates and fee schedule. In the event of a culpable breach of these duties, Customers shall also bear any fines or towing costs as set forth in the rates and cost schedule.
6.8 Customers may park the vehicle in areas where the right to park is restricted on certain days or at certain times (e.g. no standing zones as indicated by signs “7:00 a.m. – 5:00 p.m.” or “Monday 6:00 a.m. to 12:00 p.m.”) only if the restriction applies 48 hours after the vehicle has been parked. Such also applies to traffic restrictions, which have been ordered, but have not yet taken effect (e.g. temporary no parking zones due to events or parades). Customers who culpably breach these duties must pay any fines or towing costs as set forth in the rates and cost schedule.
6.9 If, according to information provided in the MILES app or the respective Platform application, the vehicle can be parked outside of the MILES Zone as an exception, the Rental Contract ends when Customers have parked the vehicle in a permissible, free parking lot, and have informed MILES of the parking location. In such cases, Customers shall be required to pay a car-pick-up fee as set forth in the rates and cost schedule.
6.10 At the end of the rental, the vehicle’s tank must be filled to at least 5% of its total capacity or total charge. If Customers culpably breach this duty, they must pay a fee as set forth in the rates and fee schedule.
6.11 MILES shall have the right to also bill Customers for costs in connection with the rental if they parked the vehicle in breach of the duties set forth in these Terms. Such shall apply in particular if Customers park the vehicle in multistory parking garages or if the car could not be linked to remotely.
7. Returning the vehicle
7.1 The vehicle shall be considered to have been properly returned if the following conditions in particular are met: a) The vehicle is clean. If the vehicle is heavily soiled upon return (in particular, with vomit) or if there is refuse of any kind in the vehicle, Customers shall be required to bear the lump-sum costs of cleaning as set forth in the rates and fee schedule. b) The vehicle must be left in a secure state and locked. In particular, all doors, windows, and the sunroof must be locked, the parking brake must be engaged, the steering wheel must be locked, and all lights turned off. c) The vehicle must be returned with all documents, gas cards, parking cards, and parking permits provided at the start of the rental. d) None of the vehicle’s fixtures or accessories may be missing, especially not the vehicle key.
7.2 If MILES and Customers are not in agreement whether the vehicle is in acceptable condition upon return, including any existing damage, defects, and assessment thereof, MILES will retain an independent company to act as an expert, to assess the vehicle’s condition and whether its value has been reduced. The expert opinion shall serve as an arbitration award and be binding for both contractual parties. The parties shall bear the costs of such an expert opinion in proportion to their degree of success (prevailing/losing). The jurisdiction of the courts shall not be ousted as a result of the expert opinion.
7.3 Unless Customers have returned the items described under Section 7.1 c) and/or d) together with the vehicle, they must do so without undue delay and pay lump-sum costs as set forth in the rates and fee schedule.
8.1 If the fuel level or the charge level falls below 25% of the total fuel tank capacity or a full charge during the rental or at the end of the rental, Customers can and should refuel/recharge.
8.2 When refueling at partner gas stations identified as such to Customers in the MILES app or the respective Platform application, Customers are to use the gas card provided in the vehicle and the PIN provided in the MILES app or the respective Platform application for refueling. Customers must pay the costs incurred when refueling at other gas stations. MILES will reimburse Customers for the amount billed once Customers have submitted the original invoice. Customers will be granted a credit as indicated in the rates and fee schedule for correct refueling at partner gas stations.
8.3 Customers are required to use the gas card only for refueling the vehicle rented from MILES. MILES reserves the right to report any other use of the gas card to the appropriate law enforcement authorities.
9. Duties in the event of accidents, damages, theft, destruction, and other loss regarding the vehicle
9.1 Accidents, damage, theft, destruction and/or other loss of the vehicle must be reported to MILES by telephone directly and without undue delay.
9.2 Customers must take all steps necessary to minimize damages and preserve evidence. To this end, Customers must report all damage occurring during the rental period to the police. Such shall also apply in the event of accidents involving bollards, fences or other barriers, signs, and boundaries. In the event of accidents causing injury to persons, the fire department must be informed without undue delay.
9.3 Customers may leave the scene of the accident only after the police have completed their assessment and MILES has granted Customers its permission to continue the journey. These duties do not apply if Customers are allowed to leave the scene of the accident due to injuries of a person involved in the accident or Customers are excused from the scene of the accident.
9.4 The Rental Contract shall end, including in the event of an accident, only after the vehicle has been properly returned as contemplated by Section 6. If the vehicle is no longer operable or roadworthy as a result of the accident, the Rental Contract will end, following coordination with MILES, upon handover to the towing company. If the vehicle is no longer operable or roadworthy and the accident was caused by the Customer, he/she must bear all costs incurred in connection with the recovery of the vehicle to MILES. MILES shall decide whether a vehicle is roadworthy or not. MILES shall be solely responsible for selecting the repair workshop in the event of damages.
9.5 Customers must send MILES the damage report form, which has been filled out truthfully, and a written account of the accident within the period set by MILES, however, no later than three days and provide the police file number. If costs are incurred for MILES (e.g. costs of an expert) because the Customers’ account of the accident is incorrect, MILES shall have the right to charge all such costs to the Customers. If MILES does not receive a damage report within this period, the accident cannot be settled by the insurer. In such a case, MILES reserves the right to charge Customers for all costs resulting from the accident, including, but not limited to, costs in connection with persons, items, and vehicles.
9.6 Customers must follow any of MILES’ instructions. Customers shall be prohibited from admitting guilt or from acknowledging liability claims through payment or other acts acknowledging damage and/or guilt (jeopardizing insurance coverage). If an admission of liability occurs despite the prohibition, such shall apply directly to the Customers themselves. Neither MILES nor insurers shall be bound to such an admission.
9.7 Solely MILES shall be entitled to compensation rendered in connection with damage to vehicles. Customers are prohibited from accepting money or other goods as compensation for damage to vehicles. If Customers have received such compensation from third parties, they must pass it on to MILES without being requested to do so.
9.8 If third parties obtain access to a MILES vehicle via the Customer’s user account with MILES or the Customer’s account with a Platform, Customers shall be obligated to inform MILES thereof immediately. Customers must then explain the incident in detail; providing back-up material evincing that a police report has been filed does not constitute sufficient explanation. If Customers have culpably breached their duties of care, Customers shall be liable, in accordance with applicable law, for all damage incurred as a result thereof, particularly if their breach has rendered possible the theft of, damage to, or unauthorized use of a vehicle. Furthermore, Customers shall be liable for all damage which MILES sustains due to their failure to fulfil their responsibility to report that a third party has obtained access to a MILES vehicle. In such a case, any limitation of liability to a deductible, which has been stipulated in the event of damage to the vehicle, shall not apply.
10. Contractual penalties and lump-sum costs
10.1 To the extent that Customers are required by these Terms to pay contractual penalties or lump-sum costs, such shall be without prejudice to MILES’ right to assert further claims. If contractual penalties or lump-sum costs are charged, such shall be offset against MILES’ relevant claim for compensation.
10.2 Fees for expenses shall not be charged if Customers provide suitable back-up material evincing that no costs were incurred or that the actual costs incurred are significantly less than the fee for expenses. If relevant back-up material has been provided, MILES shall remain entitled to assert a claim for further damage exceeding the fee for expenses.
11. Liability of MILES
11.1 MILES shall be liable to Customers only in cases of wrongful intent or gross negligence on the part of its legal representatives and vicarious agents in accordance with applicable law. Furthermore, MILES shall be liable to Customers if it culpably breaches contractual cardinal duties – however, liability shall be limited to damage that, at the time of contract formation, is foreseeable and typical of the kind of such contract. Cardinal duties mean duties whose discharge per se enables the due performance of the contract with Customers and on the adherence to which Customers may regularly rely. The above provisions also apply to the legal representatives and vicarious agents of MILES und particularly with regard to lost property. Strict liability on the part of MILES for defects in title of the vehicle shall be precluded.
11.2 The above limitation of liability shall not apply in the event of injury to life, limb, or health; in the event a defect is fraudulently concealed; the assumption of a guarantee or procurement risk; and in accordance with the Product Liability Act (Produkthaftungsgesetz).
12. Liability of the Customer and insurance coverage
12.1 Liability insurance to the extent prescribed by law exists for the vehicles available for rental. To the extent not provided for otherwise in these Terms, the General Terms regarding Motor Vehicle Insurance (Allgemeine Bedingungen für die Kfz-Versicherung, AKB 2008, “AKB”) published by the German Insurance Association e.V. (GDV) shall apply to liability insurance. If Customers fail to comply with an obligation set forth in the AKB and such causes the insurer to be released from its payment obligation, the insurance coverage shall terminate.
12.2 The liability insurance shall not cover, in particular, damage incurred as a result of the improper use of the vehicle or performance of prohibited acts in Sections 5.2 and 5.3 and/or incorrect operation of the vehicle, e.g., in the form of incorrect shifting, failure to heed warning lights, incorrect refueling, or incorrect storage of stowables.
12.3 If the vehicle, accessories, or individual vehicle parts used by Customers are damaged or lost, or in the event of contractual breaches by Customers, Customers shall be liable in accordance with applicable law. Customer liability also includes ancillary costs arising from the damage such as expert costs, towing costs, any reduction in the vehicle’s value, increase in insurance premiums, lost rent, and the premature end of lease or financing agreements.
12.4 If Customers damage or cause damage to vehicles while using them, customer liability for the damage to the vehicle for each damage event shall be limited to a deductible as set forth in the rates and fee schedule. Customers who have not been in possession of a valid driver license for more than twelve months shall be considered beginner drivers subject to a higher deductible.
12.5 Liability will be limited to the deductible as contemplated under Section 12.4 only if a) the vehicle was used in compliance with these Terms, including, but not limited to, compliance with the duties and refraining from the prohibited acts set forth in Sections 5.2 and 5.3; b) the damage was not caused by wrongful intent or gross negligence (e.g. motor damage due to incorrect refueling), and c) the damage was reported to MILES without undue delay and the further customer duties as contemplated under Section 9 were complied with.
12.6 To the extent that MILES receives payments from insurers or third parties in connection with a damage event, such payments will be offset against customer obligations to pay compensation for damage. 12.7 In particular, damage caused by wrongful intent of Customers will not be covered by insurance, nor will customer liability be limited to the deductible. In the event Customers are liable absent insurance coverage, Customers shall be obligated to release MILES from any and all third-party claims.
12.8 Customers shall be liable to the full extent for any violations of applicable law, in particular, for violations of traffic rules and regulations, or administrative offenses they commit when using or parking the vehicle. Customers shall be obligated to release MILES from any and all fines and penalties, fees, costs, and other expenses imposed by authorities or other bodies vis-à-vis MILES as the result of such violations. MILES shall not be obligated to pass on any appeals of Customers to authorities in connection with administrative offense proceedings or perform any research in this regard. MILES shall be paid, for each case, lump-sum costs as set forth in the rates and fee schedule to compensate it for administrative time and effort in connection with handling inquiries from prosecuting authorities in connection with the investigation of administrative offenses and crimes committed while the vehicle was in use.
13. Fees, payment terms
13.1 MILES will bill Customers the fee for the rental or the use and, if applicable, the reservation of the vehicle as set forth in the rates and fee schedule. When executing a Rental Contract or making a reservation via a Platform, different fees may apply, which are then displayed in the respective Platform application. In general, the fee owed by Customers is based on the kilometers driven and, if applicable, a one-time fee or unlocking fee. Customers will be advised of the applicable fee in the MILES app or Platform application, respectively, prior to beginning any rental and/or reservation.
13.2 After every rental, Customers will receive an automatically generated email informing them of the applicable fee due. The fee is due immediately and without deduction. The invoice will be sent via email within a week, but by no later than ten days after the last rental has ended. Recipients of electronic invoices shall have the right, if the applicable legal prerequisites have been met, to deduct tax. If the Rental Contract is executed via a Platform, the invoice for MILES will be issued via the Platform as well.
13.3 In case the Rental Contract is executed or the reservation is made based on the User Contract, Customers shall pay using the payment method they have selected and which is accepted by MILES. The following provisions apply:
a) MILES reserves the right to refuse the payment method Customers have selected and, if Customers have selected multiple payment methods, to change the default payment method. MILES shall have the right to retain service providers to process payments.
b) By selecting a payment method, Customers authorize MILES to collect, using the selected payment method, all fees (registration fee, fees for rent and reservation, if applicable), lump-sum costs und contractual penalties, as well as any other costs, which are payable under the User Contract and/or a Rental Contract. MILES may reserve, using the selected payment method, an appropriate amount as a security deposit.
c) SEPA direct debit payments are only possible with a checking account in the EU. With this payment method, Customers shall grant MILES authorization, which they may revoke at a later time, to directly debit the fees owed by the Customer to the checking account provided. By providing their checking account, Customers confirm that they are authorized to have amounts debited via said checking account. If so requested, MILES must be provided with back-up material evincing that Customers are duly authorized. When paying by SEPA direct debit, Customers must ensure that their bank account is sufficiently balanced.
d) If payment is not made on time or at all, an additional lump-sum fee as set forth in the rates and fee schedule will be charged. If a debited amount is recovered by the bank and Customers are responsible for such, they must bear the costs arising from such return debit. Such costs will be offset against the fee as set forth in the rates and fee schedule. With respect to the expenditure and costs for return debits, Customers are asked not to reject a return debit, but first to clarify such with MILES. If a return debit is justified, the debited payment will be reimbursed to Customers or a credit memo will be issued.
e) Customers shall authorize MILES to check their credit rating and request credit reports from the Central Credit Reporting Agency (Schutzgemeinschaft für allgemeine Kreditsicherung) and to conduct audits to prevent fraud.
f) If Customers select a payment method that does not belong to them or for which they have no express permission, MILES reserves the right to bring such matter before the law enforcement authorities and file a complaint. MILES shall have the right to demand back-up material and documents evincing that Customers are in fact authorized to use the payment method.
g) With respect to claims not based on the same contractual relationship, Customers shall have a right of retention in relation to MILES only to the extent that their counterclaim is undisputed, established with finality or pending decision. Customers may transfer claims or other rights arising from the above contracts to third parties only with the prior written consent of MILES.
13.5 MILES shall have the right to transfer, at any time, claims vis-à-vis Customers to third parties. Customers will be advised of any assignment in the respective invoice. In such a case, only Customers payments to the assignee shall have discharging effect.
13.6 In case the Rental Contract is executed or the reservation is made via a Platform, payments shall be processed via the respective Platform according to the Platform Terms. MILES may assign the claims against the Customer to the operator of the respective Platform.
13.7 Credit balances which the Customer has acquired are either allocated to the user account with MILES if they are in connection with Rental Contracts which are (or are to be) executed under the User Contract. Or credit balances are allocated to the Customer’s account with a Platform if they are in connection with Rental Contracts which are (or are to be) executed via the relevant Platform. In this respect, no use of such credit balances is available for the respective other way of executing Rental Contracts.
14. Use of customer data
14.1 The start and end location, the time the rental started and ended, and the duration of use will be documented for individual rentals via GPS and specified in the invoice. MILES shall have the right to retain service providers to determine the vehicle’s location.
14.2 MILES shall have the right to collect, process, and use the customer personal data provided in connection with the user account as well as customer usage and vehicle data (including data for locating the rental vehicle and GPS route data for the relevant rental) to the extent that such is required for the performance of the contract or in order to exercise the rights of MILES, in particular to demand back-up material in connection with and to prosecute contractual breaches and/or crimes in order to analyze such data to improve the products and services MILES offers. This also applies to data that is transferred from the Platform to MILES for these purposes. This also applies to the (generic) location and movement data of the mobile end device of the respective Customer. In this respect, vehicles can have functions that allow MILES to process location data and information regarding the vehicle’s condition (whether it is locked, speed, sensor data).
14.3 MILES shall have the right, if it has a specific reason to do so, to contact Customers by phone, e.g., to determine the cause of a fault. Such applies in particular
a) in the event of faults affecting the rental or use of the vehicle e.g. if Customers unlock vehicles, but the journey does not begin within ten minutes of unlocking;
b) if a vehicle was key locked, but the rental was not ended in the MILES app; or
c) if the rental lasts for a prolonged period of time and there is reason to believe that Customers are having problems ending the rental. 14.4 If Customers use services provided by a company other than MILES, MILES shall forward to said company the customer data required for the provision of such services. MILES reserves the right to disclose the personal data of Customers to regulatory and law enforcement authorities.
15. Amendments to the Terms
15.1 MILES reserves the right to amend, at any time, these Terms and the rates and fee schedule, effective for future rentals, to the extent that such amendments are reasonable for Customers.
15.2 Customers shall be advised of amendments to these Terms one month in advance in writing, via email or by other suitable means. The amendments shall be considered approved and, upon taking effect, binding for the existing contractual relationship if Customers do not object either in writing or via email. In particular, Customers shall be advised of such consequence when MILES notifies Customers of amendments. Customers must submit to MILES their objection to such amendments within two weeks of being notified thereof.
16. General provisions and venue
16.1 German law shall apply to the business relationship between MILES and Customers. If Customers, as a consumer, have their habitual residence in another country, the choice of law under these Terms shall be without prejudice to the application of mandatory law in the relevant country.
16.2 For all present and future claims arising from the business relationship with Customers, who are not consumers, the exclusive venue shall be Berlin. The same applies if Customers do not have a general venue in Germany, have changed their domicile to another country following contract formation or their domicile or habitual residence is not known at the time a complaint is filed. Such shall be without prejudice to venues prescribed by mandatory law.
16.3 No oral side agreements have been stipulated. All amendments to and restatements of this contract shall require the form of a signed writing, whereas email shall also be sufficient in this case.
16.4 If one or more provisions of the User Contact or Rental Contract is or are invalid or void, such shall be without prejudice to the validity of the other provisions of the contract.
16.5 The European Online Dispute Resolution (ODR) platform (https://webgate.ec.europa.eu/odr/) is provided by the European Commission. We are neither obligated nor willing to take part in dispute resolution proceedings before a dispute resolution body.
17. Right of withdrawal
Customers have a right of withdrawal with regard to the verfication agreement only (section 3.1 b, section 3.2 above) pursuant to the following provisions:
Instructions on the Right of withdrawal
Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin, telephone number: +49 (0) 30 2016 4975, email address: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. The Customer‘s right of withdrawal expires also in those cases in which MILES has completely provided the verification service and began with the performance of the service only after the consumer had given his express consent thereto and concurrently acknowledged that he/she would lose the right to withdraw from the verification agreement once MILES has fully performed the verification agreement.
Model withdrawal form
(If you wish to withdraw from this agreement, please fill out this form and return it.)
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),:
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate