Terms

General Terms of the Electric Mobility Concepts GmbH

Preamble

The Electric Mobility Concepts GmbH (hereafter “emmy”) offers, in its area of operation, a payment-based use of electrically powered vehicles to its customers through short-term rentals on the basis of these general terms (hereafter “GTs”). By registering with emmy (base contract), customers are authorized to use our vehicles upon completion of a short-term rental contract, according to the following conditions of these GTs.

§ 1 Eligible Customers, Contract Parties and Applicability of these GTs

(Paragraph 1: Contract Partners)

Emmy GmbH, Stadlauer Straße 39A 1220 Vienna, Austria, e-mail address: kontakt@emmy-sharing.de, phone number: +43(0)720882463

(Paragraph 2: Eligible Customers)

Customers of emmy may only be natural persons according to the Civil Code [Bürgerliches Gesetzbuch] who have concluded a valid base contract with emmy and are eligible according to the following criteria:

  1. Must have attained 18 years of age and has full legal capacity,
  2. Must possess a valid driver’s license for an automobile, a motorcycle, or a moped, and
  1. This driver’s license must have been granted by the Federal Republic of Austria, another member state of the European Union, Switzerland, Lichtenstein, Norway, or Iceland, or is recognized as an international driver’s license in relation to the national driver’s license, so far as it authorizes the driving of a vehicle in the Republic of Austria.

(Paragraph 3: Applicability)

These General Terms and Conditions apply to the registration (basic contract) with emmy, driver’s license verification and the conclusion of individual agreements for the short-term rental of motor vehicles (individual rental agreement). These Terms and Conditions shall apply exclusively, unless, in exceptional cases, emmy expressly agrees in writing to provisions on the part of the customer that are contrary to or deviate from these Terms and Conditions. 

(Paragraph 4: Right to Change these GTs)

The customer will be notified of any changes to these Terms and Conditions 4 weeks prior to them taking effect via the e-mail address he/she has provided to emmy. If the customer does not expressly object to a change within one month of the notification – which explicitly refers to the effect of remaining silent and the corresponding deadline – the amended Terms and Conditions shall be deemed to have been accepted by the customer. In the event that the customer objects to the amendment or supplement to the Terms and Conditions, emmy shall be entitled to terminate the basic contract with the customer on the basis of these Terms and Conditions with a six week period of notice effective at the end of the month. Such amendments to these Terms and Conditions will, however, in any case be minor, can be reasonably imposed on the customer and will not concern any main service obligations but only changes that are necessary and objectively justified in order to offer our services in the best possible way and to protect the interests of our customers. 

(Paragraph 5: Retrieval of GTs)

Customers may retrieve, print, or save the GTs at any time through emmy‘s Internet site.

§ 2. Registration, Conclusion of Contract, Rental and Reservation

(Paragraph 1. Basic Contract)

The basic contract takes effect following proper registration with emmy via the relevant internet platform. For this purpose, the customer completes the online registration form and follows the online instructions for registration. After entering his/her master data, the customer accepts the Terms and Conditions in the course of the registration process. emmy may offer the basic contract for a consideration or free of charge. Insofar as the basic contract is subject to payment, the customer shall again be separately informed of his/her payment obligation prior to submission of his/her contractual declaration. In this case, the customer shall click on the “Register now” button and, in doing so, submits his/her binding offer to conclude the basic contract. Insofar as the basic contract is free of charge, the customer shall click on “Redeem Promotional Code”, “Redeem now” and, subsequently, “Register now” and, in doing so, submits his/her contractual declaration. Before completing the registration process, the customer again has the opportunity to review and correct the information he/she has entered. After properly registering, the customer shall receive an automated confirmation via e-mail from emmy, insofar as emmy accepts the customer’s offer of registration. emmy reserves the right to reject a request for registration or an existing registration without citing any reasons. Each customer may only register once.  

(Paragraph 2. Driver’s License Verification)

In order to activate the customer’s account for vehicle rental, it is also necessary for the customer to have his/her driver’s license verified. The verification is carried out via a so-called audiovisual verification procedure. Upon successful verification, emmy enables its customers access via a smartphone app (hereinafter referred to as “app”). This provides the customer an overview of all available vehicles in his/her area in order that he/she can make reservations, rent a vehicle that he/she has selected, and end said rental. In order to use the app, the customer needs his/her personal login information. emmy reserves the right to request the customer participate in the carrying out of a new verification process at any time. Should the customer refuse to comply with this request, emmy may suspend his/her user account.   

(Paragraph 3. Individual Rental Agreement/Rental)

Once registered and verified, the customer may rent any vehicle from emmy in Austria on the basis of the basic contract, insofar as the vehicle in question is available – i.e. it has not been reserved or rented by another customer and there are no technical or operational issues preventing the vehicle from being rented. The pricing and fee tables valid at the time of conclusion of the individual agreement, which can be found on the emmy website under “Fees”, shall apply. The customer may only rent a maximum of one vehicle at a time per individual rental agreement. The customer is able to see in the app which vehicles are available at the time of the desired rental. emmy issues no guarantee of availability. emmy shall be entitled to restrict or completely exclude the usage of vehicles (e.g. due to icy conditions).

The customer selects the vehicle to be rented via the app. The customer submits his/her binding offer to conclude a rental agreement for the usage of an emmy vehicle by clicking on the “Start rental” button in the app. Before doing so, the customer has the opportunity to review the details of his/her offer and correct any errors. Upon submission of the offer, the customer may not make any further changes. Acceptance is effected by a separate, written order confirmation or by de facto provision of the motor vehicle per grant of access to the helmets via the on-board computer. emmy shall be entitled to reject any offer without citing reasons, in particular in the event of dangerous weather conditions, or in the event that the vehicle is not roadworthy. The usage period subject to payment commences upon conclusion of the agreement and ends in the cases specified in § 7 of these Terms and Conditions. 

(Paragraph 4: Reservations as Part of Individual Rentals)

Customers may also reserve available emmy vehicles in Austria. The current maximum reservation period is indicated on the emmy website and in the app. In the event that a reserved vehicle is not rented by the customer within the reservation period, the reservation will end and the vehicle will be again be made available for use to all customers. In the event that a customer makes constant, repeated reservations of a vehicle without renting the vehicle in question, emmy expressly reserves the right to issue the customer a written warning and, if necessary, to properly terminate the basic contract within a six week period of notice effective at the end of the month. 

§ 3 Duration of Individual Rentals, Battery Life of the Vehicles

(Paragraph 1: Limited Duration of Use)

The duration of the individual rental contracts is limited to the battery life of the rented emmy vehicle. As long as the battery of the emmy vehicle possess a charge sufficient for the ride, the customer may use or stop using the vehicle as they wish. Once the battery of the rented vehicle is depleted, the individual rental contract usage rights of the customer end and the customer is obligated to return the emmy vehicle according to these GTs (especially § 8 of these GTs). The remaining battery life is displayed to the customer on the speedometer-area of the vehicle and on the app. emmy notifies its customers that an orderly return of the vehicle is possible despite a depleted battery, and that an orderly termination of the individual rental contract is required by the customer, despite usage rights determined according to sentence 1.

(Paragraph 2: Charging the Batteries)

Emmy expressly notifies its customers that no replacement or charging of batteries will be made by emmy during the duration of an individual rental contract. Neither is the customer permitted to physically access, change, or charge the batteries. Emmy will ensure the drivability of the vehicle after the conclusion of the individual rental contract and offer this vehicle to all emmy customers when available.

(Paragraph 3: Billing Basis of an Individual Rental Contract)

Billing of a ride follows the actual time driven. Every partial minute is billed as a full minute by the system.

§ 4 Rights and Obligations of emmy

The following rights and obligations exist for emmy:

  1. emmy is not obligated to provide an app for all terminals, according to § 2 paragraph 2 of these GTs.
  2.   emmy reserves the right to perform technical updates to the app. 

§ 5 Customer Obligations

In accordance with the following procedures, customers are obligated to the following – while the individual obligations also apply at all times for the duration of an individual rental contract:

  1. Registration

When registering with emmy, customers are obligated to completely and truthfully provide all information required. The customer undertakes under his/her own responsibility to immediately notify emmy in writing of any changes or supplements to his/her information (in particular e-mail address, mobile phone number, payment details, driver’s license restrictions) and any details thereof. 

  1. App Usage

Transferring a customer’s smartphone with an installed app (access medium) or personal log-in data (username and password) to third parties is not permitted. The customer shall be liable for any damages incurred by emmy as a result of the loss or transfer of the access medium as described in § 12 of these Terms and Conditions. 

  1. Checking Vehicles before Departure

Customers must assess the roadworthiness of a vehicle, especially by checking the tires, themselves before departure. If roadworthiness cannot be guaranteed, the vehicle may not be used. Visible damages/insufficiencies must be compared to the damage list of the app. Newly discovered insufficiencies/damages must be reported to emmy before departure. With the exception of damages already reported to emmy, a vehicle shall be considered visually and technically flawless, unless the customer reports new damages.

Customers may not perform repairs or modifications to the vehicles.

  1. During the ride

The customer must carry a valid driver’s license during every ride. Driving permission is contingent upon adhering to all stipulations of the driver’s license.

In the interest of all customers, the environment, and the public, customers must drive safely and follow all traffic safety rules.

The customer must make careful use of the vehicles, which includes not dirtying the seat or the helmet.

When parking, the customer may only park the vehicles on areas designated by Nr. 5 of this paragraph and may only end the rental there.

Upon emmy’s request, the participant must provide the exact location of the vehicle at all times and ensure the inspection of the vehicle. This applies especially to rentals exceeding 24 hours.

Should customers be outside of emmy’s area of operation during the ride, they are required to ensure the orderly return of the rented vehicle on time (in accordance with § 4 and § 8 (in accordance with Nr. 5 of this paragraph)) and completion of the rental contract. Returns must be made within emmy’s areas of operation.

The customer must immediately inform emmy by telephone of insufficiencies, technical difficulties, or other interferences with the rental contract use. This also applies should a third party unjustly claim rights to the vehicles.

  1. Parking

The customer is required to return emmy vehicles orderly and, according to the German Road Traffic Act [StVO], to a public parking place only (which also includes metered public parking spaces as long as a valid parking authorization exists).

Moreover, parking on parking spaces for the disabled, areas with waiting and parking restrictions, taxi parking spaces, and private parking spaces (e.g., parking garages, supermarket parking places or other special use parking areas) is not permitted.

The customer may only park the vehicle on areas with time or day restrictions on parking (e.g., waiting restriction signs reading “6:00 AM until 3:00 PM” or “30 March 2015 until 30 April 2015 from 8:00 AM until 6:00 PM”), if the restrictions on parking only enter into effect 72 hours after parking the vehicle. This also applies to decreed but not yet valid parking restrictions (e.g., “due to construction”). In case of a violation, the customer shall be liable for all fines and towing charges.

  1. Returning the Vehicle

The customer is required to the return the vehicle orderly, in accordance with § 8 of these GTs.

Objects belonging to the vehicle may not be removed by the customer beyond the rental.

Upon completion of the rental, the customer must ensure that both helmets and if applicable the keys are returned to the helmet box.

When parking and concluding the rental, the customer must protect the helmet box against theft.

The customer must ensure that, upon returning it, the vehicle is accessible to other registered customers of emmy at all times. Should this only be possible after emmy parking the vehicle, the customer will cover the costs according to an agreed fee list, unless the customer can prove that emmy incurred no or minimal costs. Upon receipt of the evidence, emmy reserves the right to claim damages from the customer beyond the fees listed. The agreed fee list is valid as mentioned on the internet site of emmy.

  1. Accidents, Theft, Destruction or Other Damages

In case of accidents, theft, fire, damages caused by animals, or other damages, the customer is obligated to contact the police immediately if a third party was injured or acted as a possible (co-) perpetrator or another’s property, besides the emmy vehicle, was damaged.

The police/fire department must be informed that the vehicle involved in the accident is an electric vehicle.

In case of damages involving third parties, the customer may only make an admission of guilt upon receiving emmy’s permission.

The customer is required to first contact emmy immediately by phone about damages and to subsequently inform emmy in writing about all details. The customer must notify emmy in writing within seven days after the damages occurred. If within this period the customer does not file a damage notification, the accident can not be handled by the insurance company and emmy reserves the right to charge all accidental costs to the customer.

In case of an accident outside of the defined areas of operation, the customer shall cover all costs incurred by returning the vehicle to the area of operation upon completion of repairs. Emmy may charge the customer for additional costs incurred through damages for an accident caused by the customer in part or in whole, according to the current fee list on the internet site of emmy, unless the customer can prove that emmy incurred no or minimal damages. Emmy reserves the right to claim damages from the customer beyond the fees listed. Even in cases of an accident, individual rental contracts are only completed upon the orderly return of the vehicle, in accordance with § 8 of these GTs. Should the vehicle no longer be roadworthy or operational due to an accident, the individual rental contract shall end upon agreement with emmy.

The customer may only leave the scene of the accident after the police recorded the events and the vehicle has been transferred to a towing company, or, after consulting emmy, placing it somewhere within the area of operation. Continuation of the ride is only allowed by obtaining emmy’s express permission.

Only emmy may select the repair workshop.

Required operation of emmy’s technician: Should they, due to improper use of the vehicle or its technical equipment, force emmy’s technicians to be deployed, the customer shall be required to cover the costs of deployment in accordance with the fee list, to be found on emmy’s internet site, unless the customer can prove that emmy incurred no or minimal costs. Emmy may claim additional damages if emmy can demonstrate that greater damages were incurred than stated in the fee list. In cases of improper use, no deductions shall be made for customers.

The obligations of the customer, according to Nr. 7 of this paragraph, do not apply if, as participant in the accident, the customer had to be removed from the scene of the accident due to injuries sustained. In such cases, the customer shall be required to resume his responsibilities from Nr. 7 of this paragraph as soon as their condition allows.

§ 6 Rental Prohibitions

A customer is contractually prohibited from renting emmy vehicles, should any of the following apply:

Operating the vehicles under the influence of alcohol, drugs or medication that compromise one’s ability to drive. There is a strict prohibition on alcohol of 0.0%.

Using the vehicles when the customer is not in full possession of their mental faculties.

Using the vehicles for cross country drives, motor sports events, races of any kind, vehicular testing, driver’s education, or as a for-profit transportation service.

Transporting objects or substances whose state, size, shape, or weight could threaten traffic safety.

Using the vehicles to commit unlawful acts.

Transporting easily flammable, poisonous, or other dangerous substances with the vehicles.

Transporting more than two people (including the customer) with the vehicles.

Transporting children who are not tall enough for their feet to reach the pedals or not strong enough to hold on to the driver.

Traveling into a foreign country with the vehicle.

Violations caused by renting a vehicle and breaching one of the prohibitions stated above permit emmy to cancel or void rental contracts with the customer in question without notice and to terminate the base contract. In such cases, customers cannot claim compensation. Emmy’s damage claims against a customer who violated a rental prohibition remain unaffected.

§ 7 Completion of Individual Rental Contracts and Return of the Vehicles

By ending the rental in the app, the rental agreement between the parties is completed when the vehicle is properly returned. The return is considered proper if…

…The vehicle was parked in a permissible area within the operating area designated for the vehicle (see § 5 Nr. 5 of these GTs),

both helmets and if necessery the vehicle‘s keys were deposited at the designated spot in the helmet box,

The helmet box was locked properly,

A cellular phone connection can be established at the area where the emmy vehicle is returned and

the end of the rental is confirmed via app-pop-up or email.

In cases of improper returns, emmy reserves the right to claim damages incurred e.g., from having to park the vehicle somewhere else.

§ 8. Right to Withdrawal

(Paragraph 1. General)

If the customer is a consumer as defined in the Consumer Protection Law, he/she has the right to withdraw from the individual rental agreement within fourteen days without citing reasons. The withdrawal period is fourteen days upon conclusion of the agreement. In order to exercise the right of withdrawal, the customer must inform emmy (Emmy GmbH, Stadlauer Straße 39A 1220 Vienna, Austria, e-mail address: kontakt@emmy-sharing.de, phone number: +43(0)720882463) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) of his/her decision to withdraw from this agreement. The customer may use the standard withdrawal form below for this purpose. It is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient for the customer to submit notification regarding the exercising of his/her withdrawal right prior to expiration of the withdrawal period.

(Paragraph 2. Consequences of Withdrawal

In the event that the customer withdraws from this agreement, emmy must – subject to the following provisions – refund to the customer all payments that emmy has received from him/her immediately and at the latest within fourteen days from the day on which emmy received notification of the customer’s withdrawal from this agreement. For this refund, emmy shall utilize the same means of payment that the customer used for the original transaction, insofar as no other agreement has been expressly made with customer; under no circumstances will fees be incurred by the customer as a result of this refund.

(Paragraph 3. Exceptions to the Right of Withdrawal

The customer has no right of withdrawal in the cases listed in § 18 Long Distance Sales Act.

In particular, the customer shall have no right of withdrawal in the event of agreements regarding:

  1. vehicle rental services, provided that a specific date or time period is contractually stipulated for the fulfilment of the agreement by the entrepreneur,
  2. services, insofar as the entrepreneur – on the basis of an express request by the consumer for premature fulfilment of the service, as well as a confirmation on the part of the consumer that he/she is aware of the loss of the right of withdrawal in the event of complete fulfilment of the agreement – has begun rendering the service prior to the expiration of the withdrawal period and has thereupon rendered the service in its entirety.  

(Paragraph 4. Standard Withdrawal Form)

The customer may use the following form and send it to emmy in the event that he/she wishes to withdraw from the agreement:

To Emmy GmbH, Stadlauer Straße 39A 1220 Vienna, Austria, e-mail address: kontakt@emmy-sharing.de, phone number: +43(0)720882463

I/we (*) hereby request the withdrawal from the agreement concluded by myself/ourselves (*) for the provision of the following service (*):

Ordered on (*)/received on (*):

Name(s) of the consumer(s):

Address of the consumer(s):

Consumer’s signature (only for notification on paper)

Date

(*) Delete as applicable

§ 9 Fine Procedures

The customer is fully liable for all unlawful acts committed by them during the rental period. Unlawful acts especially include traffic safety violations during the rental period (traffic rules) and breaches of prohibitions decreed by the owner of the area (property rights). For these reasons, the customer agrees to exempt emmy from any fines, costs, legal fees, or other expenses that authorities or other third parties could claim against the emmy customer for unlawful acts stated above with this base contract. Administrative expenses incurred by assessing such claims (e.g., processing requests or correspondence over regulations) shall be covered by the customer per case in accordance with the fees listed under prices on the internet site of emmy, unless the customer can prove that emmy incurred no or minimal expenses. emmy reserves the right to claim damages from the customer beyond the fees listed.

§ 10 Insurance, Excesses

(Paragraph 1: General)

All vehicles are covered by liability insurance. In addition, there exists a limitation of liability in favor of the customer, which is equivalent to comprehensive insurance with partial coverage. The maximum deductible in the event of damage can be found in the current fee table on the emmy website. By concluding the individual rental agreement, the user accepts, in addition to these General Terms and Conditions, the General Conditions of the Association of Austrian Insurance Companies for motor third party liability insurance (AKHB 2015; available at
https://www.vvo.at/vvo/vvo.nsf/sysPages/x6EF9B5E3BE5AA6C4C1257CB4003AC915/$file/AKKB_2015.pdf
).

  • 11. Liability of emmy

emmy shall assume liability in accordance with statutory provisions. However, liability for damage caused as a result of slight negligence is excluded. This limitation of liability does not apply to:

  1. damage resulting from injury to life, body or health;
  2. damage resulting from a culpable breach of a material contractual obligation by emmy or one of its vicarious agents;
  3. claims as defined in the Product Liability Act.

§ 12 Customer Liability

The customer assumes liability for damage to or loss of any motor vehicle, individual vehicle components or accessories included in the rental, insofar as no deviations have been agreed upon, in accordance with statutory regulations. Naturally, the customer also assumes liability for any breaches of contract. 

§ 13 Payment Conditions

(Paragraph 1: Payment and Billing)

Customers will be charged prices and fees (both hereafter referred to as fees) which apply at the time of their rental and can be found on the fee list, viewable on the internet site of emmy under prices. All fees are in Euros including value added taxes. Price and fee discrepancies which may have been loaded from caches (e.g., browser caches, proxies, etc.) do not apply. Prices are established through the duration of use for each individual rental. Fees are due upon completion of the rental and will be properly billed to the customer. Invoices will be sent via e-mail no later than 32 days after the completion of the rental.

(Paragraph 2: Payment Modalities)

Payments are to be made according to the chosen method of payment. With the conclusion of the agreement, the customer confirms that he/she is entitled to dispose of the specified account via direct debit. The customer must ensure that he/she has sufficient funds on his/her account.   

(Paragraph 3. Default of Payment)

In the event of default of payment on the part of the customer, emmy shall charge an annual statutory default interest rate of 4 percent. Furthermore, emmy shall be entitled to demand compound interest in the amount of  4 percentage points from the payment due date.

(Paragraph 4. Reminder and Collection Fees)

emmy may at any time assign its claims against customers to third parties for the purpose of debt collection (collection service). In the event of a consumer’s default in payment, he/she undertakes to pay the incurred reminder and collection fees necessary for appropriate legal prosecution, in particular the costs of any collection agency involved arising from the respective applicable regulations for maximum collection fees, as well as any costs for legal counsel as defined in the German Lawyers’ Fees Act. 

§ 14 Duration, Cancellation and Blockage of the Base Contract

The base contract is concluded for an indefinite period and may be cancelled by either party in writing within 6 weeks until the end of the month. Both parties retain the right of extraordinary termination of the base contract, according to the general legal requirements, unless additional agreements were made. Instead of extraordinary termination, emmy is also authorized to ban a customer from future rentals for a sufficient reason. This applies especially when emmy’s claims from previous rentals remain unfulfilled despite repeated notices, lack of cooperation in determining the cause of damages, blocking of a vehicle due to repeated reservations without rental, extensive accumulation of bonus minutes over a conventional amount or after repeated violations of contractual obligations by the customer.

§ 15. Offsetting and Transferability of Rights

The offsetting against counterclaims by the customer shall be excluded, insofar as it is not (i) a case of inability to pay on the part of the entrepreneur, (ii) a matter of claims established by a court of law or (iii) a matter of claims recognized by emmy. The parties may transfer the rights and obligations arising from this agreement to a third party only upon prior receipt of written consent of the other parties. 

§ 16 Final Provisions

(Paragraph 1. Court of Jurisdiction)

Any disputes arising from this legal relationship shall be exclusively subject to the jurisdiction of the relevant and competent court of law for 1010 Vienna. This shall only apply insofar as the customer is an entrepreneur or a consumer who, at the time legal action is taken, has neither permanent or habitual residence in Austria nor is he/she employed in Austria.    

(Paragraph 2. Applicable Law)

These Terms and Conditions and all agreements therein are subject to the substantive law of the Republic of Austria with the exception of the relevant provisions on Conflict of Laws and the UN Sales Convention. In the case of consumers, this choice of law shall only apply insofar as mandatory provisions of the law of the country in which they reside are not superseded. The place of fulfilment is the registered head office of emmy.