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General Terms & Conditions of Mobility Cooperative Car sharing services involving Mobility vehicles (GTC)

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Page 1: Www.mobility.ch - GeneralTerms&Conditions

GeneralTerms & Conditions ofMobility CooperativeCar sharing services involving Mobilityvehicles(GTC)

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Just being fair

Dear Mobility Customer

Being mobile with Mobility is easy – reserve, get in, drive, pay.

To ensure that this tried-and-tested system operates smoothly, a few rules are needed. These areset out in these General Terms and Conditions (GTC), issued by the Mobility Cooperative.

Thank you for observing these GTC. In doing so, you are making an important contribution topromoting carefree mobility and satisfaction for yourself and for all other Mobility customers.

Do you have any questions? Simply call our 24h Service Center on 0848 824 812.We are alwayshappy to help you.

Mobility wishes you happymotoring!

Best regards

Mobility Cooperative

Viviana Buchmann Adamo BonorvaManaging Director Head of Mobility Car Sharing Switzerland

These GTC enter into force on 1 October 2013. Subject to change.

A few rules – many satisfiedMobility customers.

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1. SCopeThank you for your interest in the Mobility Cooperative (hereinafter Mobility) and for the confidence you place in us.Werecommend that youpay close attention to the followingGeneralTerms&Conditions.Unless otherwise explicitly agreed,these GTC apply to all contractual relationships between the customer and Mobility, in particular to the customer con-tract (including its conclusion) and to the use of car sharing services involvingMobility vehicles.These GTC serve as thecontractual basis between you as customer andMobility. The services provided by Mobility are subject to the rates andcharges applicable at the time of supply.Except with the express written consent of Mobility, any general terms and conditions of the customer that conflict withor deviate from these GTC shall be deemed inadmissible, even if the relevant general terms and conditions of the cus-tomer are subsequently introduced to serve as the basis for the contractual relationships between the customer andMobility.

2. CoNCLUSIoN oF CoNTRACTThe contract between the customer and Mobility enters into force when Mobility unconditionally accepts the registra-tion/reservation. The registration/reservation and its confirmation can occur in writing, via the telephone, online via theinternet or in person. Receipt of the confirmation of registration/reservation is an indication that Mobility has receivedthe registration/reservation and has accepted it, and that the contract is therefore in force.

3. MoBILITy CARd oR CoMBINed CARd

a New customers receive a Mobility Card, which allows them to access vehicles equipped with on-board computers.In the case of a cooperation arrangement with a partner organisation, the customer will receive his or her card eitherfrom Mobility or directly from the partner organisation (public transport service, university, etc.). Cards linked tocooperation arrangements are referred to as «combined cards». If a combined card is issued by a partner organisa-tion, responsibility for it (replacements, etc.) lies with that organisation.

b TheMobility Card or combined card is issued in the holder’s name and is non-transferable,may not be passed on tothird parties andmust be kept safe. It comes encodedwith a PIN code.The cardholdermust keep this PIN secret andnot reveal it to third parties. Customers are liable for any misuse of the Mobility Card by third parties (e.g. the unau-thorised passing on or failure to report the loss of theMobility Card) and any losses arising as a result.AMobility Card(personal or transferable) and a combined card may be used to operate only one vehicle at a time.

c Expiry, loss and replacement of cards.

1. Mobility Card– The Mobility 24h Service Center must be notified immediately if a Mobility Card is lost or stolen.– A fee is charged for replacing lost, stolen or damaged Mobility Cards.– Mobility reserves the right to withdraw or block the Mobility Card at any time without stating reasons (Withdrawal of

the right to use). The Mobility Card loses its validity for procuring services from the date of the blocking. Existingreservations will be cancelled by Mobility. The reduction of any existing claims asserted by Mobility and/or the reim-bursement of any payments that have already beenmade are excluded.

– The use of an invalid Mobility Card is prohibited. Mobility reserves the right to claim damages and to imposesanctions under criminal law.

2. Combined card (in cooperation with partner companies)– If the combined card is lost or stolen, the nearest sales outlet of the Mobility partner company and the Mobility

24h Service Center must be notified immediately. Mobility services may be used again only after receipt of thereplacement combined card.

– BothMobility and the public transport service or partner company are entitled to charge a fee for replacing a lost,stolen or damaged combined card, as well as for temporarily blocking the combined card. Furthermore, the tem-porary blocking applies only to Mobility services.

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– The combined card cannot be deposited with Mobility. Depositing the combined card with a cooperating partnercompany will have no effect on Mobility's terms of use; in particular, an extension of the right to use Mobilityservices corresponding to the duration of the deposit is excluded.

– The regulations of the partner company apply to all reimbursements in connection with the combined card.– Mobility reserves the right to block the combined card at any timewithout stating reasons (Withdrawal of the right

of use). Starting from the date of the blocking, the combined card is no longer valid for procuring services fromMobility. Mobility will cancel existing reservations. The blocking of the combined card by Mobility does not affectthe services of the cooperating partner companies.The reduction of any existing claims asserted byMobility and/or the reimbursement of any payments that have already beenmade are excluded.

– Any use of an invalid or blocked combined card is prohibited.Mobility reserves the right to claim damages and toimpose sanctions under criminal law.

– Some customers, such as companies, institutions and others, use their own media to access and use Mobilityvehicles. These access media are the property of the customer in question, which must replace a lost, damagedor stolen card at its own cost. In all other respects the same rules regarding blockage and obligations regardingmisuse apply as for the Mobility Card. In particular, the Mobility 24h Service Center must be informed withoutdelay.

4. ReSeRVATIoNS

a Stating his or her PIN, the customermust reserve the vehicle in the desired category via aMobility reservation chan-nel prior to commencing the reservation. It is not possible to reserve a vehiclewithout providing thePIN.Reservationsmade via the 24h Service Center are subject to charges.

b The calculation of the number of kilometres driven begins and ends at the location atwhich the vehicle is habituallystationed.When reserving a vehicle, enough time must be allowed to ensure that the vehicle can be returned punctually.

c The customer is responsible for the vehicle from its collection until its return.Vehiclesmust be returned to the placeof collection. Unless instructed otherwise by the Mobility 24h Service Center (e.g. in the event of breakdowns, con-struction sites, etc.), vehicles may not be left behind or returned to any place other than the location at which thevehicle is habitually stationed.

d One-way reservations are not possible.e A discrepancy of up to 5% between the distance travelled as calculated by the on-board computer and by the vehi-

cle's odometer is construed as a mistake by the system. In a scenario such as this, the value calculated by the on-board computer shall prevail.

f Mobility customers living in the same household can form part of a ‘rental start group’, which enables them to usetheir personal Mobility Card tomake use of the reservationsmade by othermembers of the same group.There is noneed for the person making the original reservation to travel in the vehicle.Mobility customers not part of a ‘rentalstart group’may drive a Mobility vehicle provided that the person making the reservation is travelling in the vehicle.Under no circumstances may a person who is not a Mobility customer drive a Mobility vehicle.

g Any curtailment or cancellation of a reservation is subject to the rates and charges set out in the relevant brochure.If the vehicle is available, the reservation can be amended using the vehicle‘s on-board computer. Reservations canbe extended if the vehicle in question has not already been reserved by someone else. The request to extend thereservation must be submitted before the reservation expires.

5. USING The VehICLe

a The vehicle is considered to be in use for the period between its collection and its return. Moreover, any action con-nected with the use of a Mobility vehicle is deemed to constitute vehicle use.

b The customer is entitled to use a vehicle only if he or she is a Mobility customer or cooperative member, has a validreservation, and holds a driving licence that is valid in Switzerland for the relevant vehicle category. Non-compliancewill result in claims for damages and criminal prosecution.

c The customer is required to notify the 24h Service Center immediately if the reserved vehicle is found to bemissingfrom the Mobility station (see Clause 6 g).

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d Mobility vehicles may not be driven under the influence of alcohol, medication or drugs, or in any other conditionaffecting the driver’s ability to react (e.g. overtiredness or illness).

e Prior to commencing the reservation, the customer must check that the vehicle is in a roadworthy condition in ac-cordance with the RoadTrafficAct. If there are small defects or maintenance work is required, the ensuing course ofaction must be discussed with the 24h Service Center before commencing the reservation.

f Damage and defects that affect the safety of the vehicle must be reported to the 24h Service Center immediatelyand before commencing the reservation (see Clause 9 b).

g Smoking is prohibited in Mobility vehicles.h Mobility vehicles may not be used

– to tow or otherwise move another vehicle– for taxi rides– for motor racing events or other competitions– in an overloaded state, i.e. with a number of passengers or a load capacity exceeding the values specified in thevehicle registration document

– to transport hazardous substances of any kind– for driving off road or on roads not open to the public (e.g.mountain tracks)– at demonstrations or rallies– for the displaying of advertising– for skid pan courses, driving courses, etc. other than those offered explicitly byMobility, or those for learner driversprescribed by law

All exceptions to these rules of use must be approved by the Mobility Executive Committee.i For reasons of hygiene, animals must be transported in appropriate containers or on a blanket. The vehicle must be

thoroughly cleaned afterwards at the customer‘s own expense. Failure to comply with the above will result in thevehicle being cleaned by Mobility and the cost, plus a fee, charged to the customer in full.

j Bicycles can be parked in outdoorMobility parking spaces, provided that they do not hinder access to other vehicles orobstruct customers. Bicycles may not be parked in indoor Mobility parking spaces. Bicycles left here will be removedat the customer's own expense and risk.

k Passenger cars may be used for transporting people only. Bulky items must be transported in Transport categoryvehicles. Bulky itemsmay also be transported in the cargo space of Combi (estate car) category vehicles.Seats,bootcovers or other vehicle installations may not be removed from the vehicle or dismantled.

l The customer will be charged for any damage caused by the improper or inappropriate use of the vehicle.

6. ReTURNING The VehICLe

a The vehiclemust be returned to the originalMobility station in a clean and operational condition no later than the endof the reservation period. Should it prove impossible to return the vehicle on time, the customer must immediatelynotify the 24h Service Center prior to the end of the reservation period. Late vehicle returns will incur an additionalpenalty on top of the hourly rate. Details of the rates and charges are listed in the relevant product brochure.

b The fuel tank must be at least one third full when the vehicle is returned. Failure to comply with this requirement willresult in a fee being charged. The fuel card inserted in the display housing of the on-board computer is used whenrefilling the vehicle. The customer is liable for the fuel card for the entire reservation period. The customer must en-sure that the vehicle is filled with the correct fuel. Failure to comply with this requirement will result in the customerbeing charged the cost of remedying themisfuelling.The fuel cardmust be returned to, or inserted into, its designat-ed place immediately after use. The customer is liable for a lost fuel card. Cash purchases of fuel will be reimbursedwith the next invoice against presentation of original receipts detailing the customer’s full name,Mobility number andvehicle number. The fuel card may be used to refuel a Mobility vehicle only.

c Upon returning the vehicle, all battery-operated equipment must be turned off and windows and doors properlyclosed.Minor defectsmust be reported without delay to the 24h Service Center and noted in the defects book of therelevant vehicle at the end of the reservation (see Clause 9 b).

d Mobility is responsible for the regular maintenance and cleaning of the vehicles.e Clearly visible dirt both inside and out caused by the customer must be removed by the customer at his or her own

expense during the reservation period.Failure to complywill result in the customer being charged a fee in accordancewith the rates and charges listed in the relevant brochure.

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f If the vehicle the customer has reserved is not available (e.g. because it is being returned late, has suffered a break-down or accident, etc.), the customer will be provided with an alternative vehicle at the closest possible Mobilitystation where another vehicle is available. There is no right to a replacement vehicle. If rebooking is not possible, thecustomermay, after consulting the 24h Service Center, use an alternativemeans of transport at Mobility’s expense,the cost of whichmust be kept within reasonable limits.Mobility is entitled to charge these costs to the last custom-er to use the vehicle.

g In all other respectsMobility is liable only for the consequences of systemdefects (on-board computer or reservationsystem) insofar as it is responsible for these defects. Mobility is at liberty to demonstrate that it is not responsible.The same applies to consequential damage resulting from vehicle defects. Mobility reserves the right to invoke theliability provisions of the Road TrafficAct in the case of accidents.

h The ignition keymust be placed in the glove compartment or designated place at the end of a reservation. Exception:vehicles with an integrated start/stop button.

i Mobility rejects liability for items left in the car or stolen.

7. MoBILITy INVoICe

a Invoices are issued at regular intervals, depending on the amount due.b The invoice is due for paymentwhen it is issued, the net amount being receivable by the deadline stated in the invoice.

Mobility will issue a reminder if the customer does not pay the invoice on time.Mobility is entitled to charge a fee foreach reminder.

c The customer undertakes to use only thoseMobility services for which he or she can paywithin the agreed deadline.d Complaints regarding the correctness of an invoicemust be lodged in writing within fifteen (15) days of receipt of the

invoice; otherwise the invoice will be deemed to be accepted. Follow-up invoices are possible. Charges for servicesused within the same time period can be distributed over more than one invoice.

e Regardless of whether a reminder was sent or not, outstanding invoices may result in the cancellation, without priornotice, of the right to reserve and/or use vehicles. Mobility also reserves the right in these cases to withdraw the cus-tomer‘s right to use Mobility services without notice, to cancel existing reservations and to terminate the subscriptioncontract unilaterally without notice. Article 13 of the Articles of Association applies to members of the cooperative.

f In the case of cooperative members who have not fulfilled their obligations: after expiry of the deadline set in thesecond reminder,Mobility additionally reserves the right tomake use of the share certificate to recover the outstand-ing amount (Article 12 of the Articles of Association).

g The suspension and withdrawal of the right of use, the cancellation of existing reservations, the termination of thesubscription contract and/or the exclusion of defaulters by Mobility as defined in Clauses 7 e and 7 f above do notentitle the customer to a reduction of any existing claims asserted byMobility or the reimbursement of any paymentsthat have already beenmade.

h Mobility can assign its claims to third parties at any time.The customer will not necessarily be notified of any assign-ment of claims.

i Reka cheques Money can be used to pay for Mobility subscriptions, Mobility invoices, Liability Reduction cover andAvis and Hertz rentals in Switzerland with the exception of damage claims. Reka cheques Money cannot be used topay for the share certificates of cooperative members or for pre-paid Avis and Hertz rentals reserved via the Mobili-ty customer portal. To be accepted, Reka chequesMoney used to pay an invoicemust be received byMobility at thelatest fifteen (15) days before invoicing.Reka cheques Money is not reimbursable. Only if the customer leaves Mobility will the remaining amount in CHF bepaid to the customer’s bank or post office account, subject to a 3.0% Reka discount and a handling charge.

j The Mobility Bonus can be used for the advance payment of the following: Mobility subscriptions, Mobility reserva-tions, fees, Liability Reduction cover and Avis and Hertz rentals in Switzerland with the exception of damage claims.TheMobility Bonus cannot be used for pre-paidAvis andHertz rentals reserved via theMobility customer portal. FortheMobility Bonus to be used to pay an invoice, the Bonusmust be received byMobility at the latest fifteen (15) daysbefore invoicing.Companies cannot benefit from the discount associated with the Mobility Bonus.

k Vouchers can be used for the advance payment of the following: Mobility subscriptions, Mobility reservations, fees,Liability Reduction cover and Avis and Hertz rentals in Switzerland with the exception of damage claims. Mobilityvouchers cannot be used to pay for the share certificates of cooperative members or for pre-paid Avis and Hertzrentals reserved via the Mobility customer portal. To be accepted,Mobility vouchers used to pay an invoice must bereceived by Mobility at the latest fifteen (15) days before invoicing.

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The redemption of discounted vouchers is open to Mobility‘s private customers only.Vouchers are repaid in cash only in exceptional cases. The discount that was originally granted for the voucher inquestion is deducted from any cash amount paid out, as is a processing fee.

8. BReAkdowNS ANd ACCIdeNTS INVoLVING The MoBILITyVehICLe

a Defects, damage or other problems (referred to collectively as «breakdowns») that do not prevent the reservationfrom being continued or endanger the safety of the occupants must be reported to the 24h Service Center immedi-ately and entered in the vehicle’s defect book upon completion of the reservation (see Clause 9 b).

b In the event of breakdowns or accidents that impede or prevent the continuation of the reservation and/or endangerthe safety of the occupants, the customer must contact the 24h Service Center immediately to discuss how best toproceed (see Clause 9 b).The following principles apply:– The 24h Service Center must be notified immediately– In the event of an accident, a European accident protocol must be filled out; the form can be found in the vehicle.The formmust be forwarded to Mobility without delay

The driver may not sign any acknowledgement of fault. It will not be accepted by Mobility– Repair ordersmay be placed byMobility only.As amatter of principle, customers themselves are not permitted toeffect repairs to Mobility vehicles without permission fromMobility.

– Only Mobility may summon a breakdown service, whether in Switzerland or abroad. Failure to comply will result inMobility not assuming the costs of the breakdown service and/or charging these costs to the customer.

c If an oil level,ABSor other redwarning light comes on, the vehiclemust be brought to an immediate stop and the 24hService Center contacted for instructions. The reservation may not be continued.

d Operating damageDamage due to negligence (e.g. tyre damage caused by the customer, above-average wear of the clutch resultingfrom improper operation, misfuelling, mechanical damage) and the associated costs are not covered by the insur-ance and will be charged to the customer in full.

e If the vehicle is not available to the customer affected or the next customer due to a breakdown, accident, traffic jamor force majeure, Clause 6f applies. Mobility is entitled to seek redress from the customer culpably responsible forthe non-availability of the vehicle.

9. dAMAGe To The MoBILITyVehICLe

a The customer is required to compensate Mobility in full for damage to the vehicle caused as a result of a breach ofthe General Terms and Conditions and/or improper use.

b The 24h Service Centermust be notified of damagewithout delay.After the 24h Service Center has been contacted,the damage must be recorded in the defect book. Mobility will not accept damage reports submitted via any othercommunication channel (email, letter, etc.).

c In the absence of either a damage report or a police report, Mobility is entitled to consider the last customer to usethe vehicle prior to the damage being discovered as the party responsible for the damage and hold him or her ac-countable accordingly. For this purpose, Mobility can refer to electronic tachograph records. The customer is at lib-erty to furnish proof to the contrary.

d If the customer has acted neitherwilfully norwith gross negligence, any insurance payments received byMobility arededucted from the damages paid by the customer.

e In any case,Mobility reserves the right to assert its claims for damages against the customer for an amount equallingthe policy deductible (a.k.a. «policy excess»), which can be reduced with the Liability Reduction cover offered byMobility. Damage is repaired at the discretion of Mobility and its insurer.

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10. INSURANCe CoVeR ANd LIABILITy

a Mobility insures the vehicles available for use in accordance with the provisions of the Road Traffic Act. It obtainsthird-party, comprehensive and passenger insurance for every vehicle.The use of non-Mobility vehicles is subject tothe regulations of the provider concerned, unless the non-Mobility vehicle is a replacement for an unavailable Mobil-ity vehicle (Avis/Hertz, use of partner organisations abroad, etc.).

b In the event of damage to a Mobility vehicle, the insurance covers the following:– Mobility customers enjoy third-party liability and fully comprehensive insurance cover in the event of an accident.– All occupants (including non-customers) are also covered by passenger insurance in the event of an accident.

c The third-party liability insurance covers personal injury and property damage caused to third parties by the drivingof aMobility vehicle, up to the agreed sums insured.Where the customer is responsible for the accident,Mobility canseek redress from him or her for damage that exceeds these limits.

d The comprehensive insurance covers the following damage to Mobility vehicles:– Fully comprehensive cover: damage caused by force (accident damage)– Part-comprehensive cover: damage caused by theft, fire and the weather, damage caused by glass breakage, ani-mals and snowslides, damage caused by the malicious acts of third parties (police report required, otherwise seeClause 9 b).

e Passenger insurance per person:– Death CHF 10’000.–– Disability CHF 50’000.–– Daily benefits (730 days within five years) CHF 10.–– Daily hospital benefits (730 days within five years) CHF 10.–– Costs of medical treatment (max. five years) unlimitedThe customer and/or passengers can assert claims under the passenger insurance directly to the exclusion of Mo-bility. If required,Mobility assigns all insurance claims to the customer to allow him or her to assert them in his or herown name. For the rest, it is recommended that the customer obtain personal accident insurance (provided that heor she is not already covered under the provisions of the Federal Law onAccident Insurance (UVG) or otherwise, e.g.health insurance).

f The following applies to the policy deductible excess:– Third-party liability deductible per loss event CHF 1’000.–– Fully comprehensive deductible per loss event CHF 1’500.–– Part-comprehensive party deductible per loss event CHF –.––Maximum deductible per loss event CHF 2’500.–

g Special policy deductible excess cases:– Additional deductible for inexperienced drivers(customers holding a full driving licence for less than two years) CHF 500.–

– Additional deductible for young drivers (customers under the age of 25) CHF 1’000.–– Additional maximum deductible per loss event CHF 1’500.–

h Entitlement to redress by Mobility:If Mobility has to pay for damage caused by a customer under its liability as the owner of the vehicle or for otherreasons, it reserves the right to seek redress from the customer for the payment of the policy deductible. If the dam-age was caused by a wilful or grossly negligent act, the customer can be held liable for the total amount of the dam-age.

i Liability Reduction options available to the customer:The customer's liability for the policy deductible per loss event involving a Mobility vehicle can be reduced from amaximum of CHF 2'500 to CHF 300 against payment of an additional fee (Liability Reduction cover).Liability reduction cover can be obtained upon conclusion of the subscription contract or at a later time. In the caseof new customers, it enters into force on the date on which the right of use was conferred, in the case of contractextensions, on the date the order was placed; it is extended automatically if the subscription contract is extendedautomatically. Surcharges for inexperienced and young drivers cannot be excluded or reduced. Following damageand accidents,Mobility can unilaterally revoke the Liability Reduction cover for all further loss events.The fee for theLiability Reduction cover is not reimbursed pro rata if the contract is terminated, regardless of the reason for thetermination.

j Regardless of the insurance benefits pursuant to Clause 10, the customer is required to pay for damage that wascaused culpably. This applies in particular to:– Damage caused by a driver of a Mobility vehicle who is not a customer– Redress claims by the insurance company or Mobility (e.g. due to alcohol abuse)Liability Reduction cover is not applicable in the above-mentioned cases.Mobility reserves the right to assert furtherclaims for damages of any kind.

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k Changes to the insurance conditions:Mobility can announce changes to the insurance conditions and insurance benefits at any time by giving four weeks'notice. Mobility can announce changes to variable external costs not under its control by giving one week‘s notice.

l The insurance cover does not constitute a waiver by Mobility of contractual or non-contractual claims for damagesof any kind against customers or third parties.Mobility reserves the right to assert such claims against the customerat any time.

m It is expressly pointed out that a legal entity (e.g. club, association) which is a customer is responsible for all liabilitiesarising from this contract, regardless of who, at the time in question, was using the services causing the liabilityarising from this contract or who was using a Mobility service.

11. VIoLATIoN oF TRAFFIC ReGULATIoNS

The police always notifyMobility of any fine or traffic violation involving aMobility vehicle.Mobility responds by informingthe police of the name and address of the customer in question and charges the expenses incurred by Mobility to thecustomer.The customer is responsible for any legal proceedings and all associated costs (lawyers' fees, legal fees, fines,etc.).

12. TRAVeLLING ABRoAd wITh A MoBILITyVehICLe

Operating andmaintenance costs will be reimbursed at the usual rates applicable in Switzerland against presentation ofreceipts. The customer should personally obtain special insurance cover, such as European accident and breakdowncover. Driving abroad is permitted in countries covered by the insurance. Insurance cover pursuant to Clause 10 appliesin Europe and the countries bordering theMediterranean, excluding the Russian Federation, Belarus, Georgia,Armenia,Azerbaijan andKazakhstan.Mobility reserves the right to amend this list of countries at any time.When travelling abroad,the customer is responsible for ensuring compliance with the local regulations regarding vehicle and other equipment(see also Clause 15 d).

13. ChANGeS oF AddReSS oR NAMe

Mobility must be notified in writing or via the Mobility customer portal within ten days of any change to the name andaddress givenwhenplacing the order (i.e.when concluding the subscription contract).UntilMobility receives notificationof the new name or address, any correspondence from Mobility sent to the last-known name or address is deemed tohave been properly delivered. The term «address» covers the postal and email address as well as telephone numbers.

14. dRIVING VehICLeS oF pARTNeR CoMpANIeS

In the case of reservations arranged by Mobility involving vehicles of car rental firms or other partner companies, theterms and conditions relating to the respective agreement or general terms and conditions of the respective partnercompany shall apply. The services used are either invoiced by Mobility or debited from the customer's credit card.Payment for pre-paid rentals is always debited from the customer's credit card.

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15. oTheR pRoVISIoNS

a Mobility does not provide any vehicle accessories (e.g. child safety seats, roof racks, trailer couplings, dog guards,etc.).

b When managing and processing personal data, Mobility complies with Swiss data protection legislation. Mobility isentitled to process personal data and to compile corresponding databases for the purpose of concluding the con-tract and processing the reciprocal contractual services. Personal customer data may be communicated to thirdparties only in connection with the business activities of Mobility. Trading in addresses is prohibited.

c Mobility reserves the right to gather all the information necessary for checking (creditworthiness, existence of adriving licence, existence of subscription discounts, etc.) and processing the contract and authorising the use of avehicle with public authorities, partner organisations and private individuals. Registrations and applications may berefused by Mobility without giving reasons.

d All Mobility vehicles comewith the toll vignette required for Swissmotorways. Other domestic and foreign fees suchas environmental charges, tolls, road traffic charges and foreign motorway toll vignettes are not included in the ser-vice and cannot be obtained fromMobility.

e Learner drivers are allowed to drive Mobility vehicles, provided that the accompanying driver also has an active Mo-bility subscription andmeets the statutory requirements of the Road TrafficAct.

f Foreign charges and credits are converted at the exchange rate that applies on the date of the charge or credit.g Mobility reserves the right to impose usage limits per customer category or product. These can be lowered if needs

dictate (frequent payment arrears, large number of loss events, etc.).h Mobility does not accept liability for damage or accidents suffered by the customer on his or her way to, or at the

location of, a Mobility vehicle.i Telephone conversations with Mobility can be recorded for quality assurance purposes.

16. SpeCIAL CoNdITIoNS GoVeRNING MoBILITy BUSINeSS CAR ShARING

a The company, in its capacity as customer, bears full responsibility for the use of the vehicles by its employees and isobliged to keep the latter up to date regarding the current GTC, the valid rates and charges and the current process-es in accordance with the relevant brochures. Regardless of whether its employees have personal or non-personal,transferable Mobility cards, the company is responsible for ensuring that all employees who use Mobility have adriving licence for the applicable vehicle category that is valid in Switzerland.

b The personal Mobility Card is not transferable, may not be given to other employees or third parties, and must bekept safe.

c The transferable Mobility Card can be used by all employees designated as users by the company who have an em-ployment contract with the company. This card must also be kept safe.

d The company must be able to inform Mobility and the police at any time which employees used which transferableMobility Card and when.Adocument for recording these details can be ordered fromMobility.The company is liablefor any misuse of a Mobility Card by employees or third parties (e.g. unauthorised sharing of the Mobility Card orfailure to report the loss of a card), unless it can prove that it is not responsible for the misuse of the Mobility Card.The company is at liberty to seek redress from the culpable parties.

e The company shall inform Mobility in writing and without delay of any changes to its contractual details, e.g. postaladdress, contact details or legal form.

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17. SpeCIAL pRoVISIoNS GoVeRNING MoBILITy CLICk & dRIVe

a The customer can use a Mobility vehicle at any Mobility station as and when required and subject to prior reservationand payment. Services may be used by the reserving customer only.

b The vehicle reservation is payable in advance by credit card.Any further costs incurred during or after the reservationare charged to the same credit card or billed separately and must be paid for within the period specified on the in-voice.

c The Click & Drive contract is valid for the reservation and use of a Mobility vehicle and ends automatically with the ex-piry of the reservation. If Liability Reduction cover has been obtained, it applies during the same period.

d The right of use ends upon expiry of the Click & Drive contract. Mobility reserves the right to assert claims for dam-ages in the event of non-compliance. Unpaid invoices remain due for payment even after the contract expiry date.

e Customers failing to initiate their reservation or who cut their reservation short remain liable for the full amount.Reimbursement is not possible.

18. FINAL pRoVISIoNS

a In the interests of its honest and responsible customers,Mobility reserves the right to terminate,without stating anyreasons, its relationshipswith customers or companies failing to complywith theseGTCor the Fair PlayRules.Clause10 of the individual contract is reserved, as isArticle 13 of theArticles ofAssociation formembers of the cooperative.

b Mobility reserves the right to terminate the customer relationship forthwith following a loss event, a violation of theGTC or a serious offence.

c Mobility is entitled, unilaterally and at any time, to amend these GTC, the charge rates and fees, the document “Thisis how it works” and all other generally applicable provisions issued by Mobility. The amendment will be notified tothe customer in an appropriate form subject to four weeks’ notice, after which the customer is deemed to havetaken due account of it and is in agreement. The most recent and binding editions of the GTC, the charge rates andfees, the document “This is how it works” and all other generally applicable provisions issued by Mobility are pub-lished on www.mobility.ch.A hardcopy version may be obtained fromMobility.

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