GENERAL TERMS AND CONDITIONS FOR END CUSTOMERS
1.1 These general terms and conditions (hereinafter: “END CUSTOMER GTC”) regulate the legal relationships between abo-drive GmbH, Trazerberggasse 6 / 2a / 2, 1130 Vienna (hereinafter: “abo-drive”, “we” or “us”) , the automobile dealers, car rental companies or comparable companies (hereinafter: “abo-drive partner”) who offer motor vehicles for rental via our platform and the natural or legal persons (hereinafter: “customers” or “you”) who use our website, Accessible at the URL www.abo-drive.com, (hereinafter: “Platform”) Rent vehicles (hereinafter: “Vehicle”) for your own use.
1.2 You acknowledge the validity of these END CUSTOMER T & Cs as the exclusive contractual basis for using our platform. Any existing general terms and conditions on your part do not apply, even if we do not expressly contradict these general terms and conditions.
1.3 The customer undertakes to abo-drive and also in favor of the abo-drive partner to comply with the provisions of these END CUSTOMER GTC. The customer and the abo-drive partner can deviate from the obligations of these END CUSTOMER T&C in the respective rental contract by express agreement, insofar as they relate to the implementation of the rental contract, in particular the use and return of the vehicle. For clarification: Such a deviating agreement has no effect on abo-drive and in particular does not establish any liability on the part of abo-drive. This also means that customers and abo-drive partners cannot deviate from provisions insofar as these relate to the services of abo-drive, in particular the provisions on invoicing and payment.
2. Our Plattform
2.1 abo-drive operates a platform accessible via the Internet, which enables you to rent vehicles that are offered on our platform for certain periods of time (hereinafter: “booking periods”) for your own use. The use of the platform as such is free of charge. Renting vehicles is chargeable.
2.2 All of the vehicles that you can choose from on our platform are offered by third parties. These are the abo-drive partners who have registered on our platform for this purpose.
2.3 abo-drive partners can set up a provider profile on the platform and then offer individual vehicles online for rent in the form of so-called “advertisements”. abo-drive has no influence on the content of the advertisements. The abo-drive partners are solely responsible for the content.
2.4 Rental contracts that are concluded in connection with the use of the platform via vehicles are only ever concluded between you as a customer and the respective abo-drive partner. abo-drive only provides the technical and organizational environment in the form of the platform so that providers and customers can find each other quickly, transparently and in an informed manner in an efficient manner. In addition, we offer other services for customers and abo-drive partners.
2.5 We are not obliged to check the accuracy of the information provided by you or abo-drive partners in profiles or in the context of other communication via our platform.
3. Registration on our platform, obligations of the customer regarding the use of the platform, de-registration
3.1 You register on the platform by first entering the required data in the registration mask provided for this purpose on our platform and then clicking on the button labeled “Create account”. By clicking you are making an offer to us to conclude a contract with abo-drive for the use of the platform. We will then send you an automatically generated e-mail (hereinafter: “confirmation e-mail”) to the e-mail address provided. Sending the confirmation email represents our acceptance of your offer to conclude a contract. The confirmation email contains a link that the user must click on to verify the authenticity of the email address provided. The functions of the platform can only be used by the customer after this verification.
3.2 Customers are obliged to transmit only true and complete information about themselves to and via our abo-drive partner platform. You are obliged to keep the information concerning you up to date.
3.3 You are obliged to treat your access data confidentially and, as far as it is reasonable for you, to ensure that third parties cannot use your access data to log into the platform with this data. In the event of any suspicion of such data misuse, you are obliged to inform abo-drive immediately.
3.4 The use of the communication options made available by us via the platform may not be used for the transmission of illegal content, advertising, spam or any other annoying messages due to the content or the number of annoying messages. All of our users undertake to observe the applicable laws when using our platform.
3.5 In the event of misuse of our platform, we reserve the right to take appropriate measures in the event of violations of the aforementioned rules, taking into account the legitimate interests of the user. Such measures include warning users and temporarily or permanently blocking user accounts. In addition, we expressly reserve the right to take legal action against any misuse of our platform.
3.6 You can unsubscribe from our platform at any time, provided that there is no current rental relationship for a vehicle with an abo-drive partner. You can unsubscribe using the function provided for this on the platform. Alternatively, you can also cancel the platform usage contract by sending an email to the email address given in our legal notice.
4. Our services and obligations as a platform provider
4.1 We offer customers the opportunity to conclude contracts for the rental of vehicles with abo-drive partners via our platform and to manage the rental relationship via our platform.
4.1.1 For this purpose, we offer customers the opportunity to create a user profile and to communicate with abo-drive partners.
4.1.2 In addition, in cooperation with KSV, we handle the credit check for every order that is placed.
4.2 We are obliged to provide unrestricted availability of the platform 99% of the time for one month. The possibility of use can therefore be omitted for 7.3 hours per month.
4.2.1 The relevant period begins with the successful registration of the customer on the platform. With the completion of the calendar month in which the registration took place, the relevant period is always that from the beginning to the end of a full month.
4.2.2 Unavailability due to circumstances for which we are not responsible as well as due to the care and maintenance work regulated under Section 4.2.3 of these END CUSTOMER T&C remains reserved.
4.2.3 The platform may not be available to you if abo-drive carries out the necessary care and maintenance work and for this reason has to discontinue or limit the provision of the platform (hereinafter: “downtime”). Abo-drive will inform the customer of a downtime in good time, but at least two days before the downtime. The downtime must not exceed five hours per month.
5. Conclusion of a contract for the booking of vehicles
5.1 A vehicle is booked through the offer and acceptance. The mere presentation of a vehicle on our platform, be it in the context of an advertisement or in any other way, does not constitute an offer to conclude a corresponding rental agreement. Advertisements are always only an invitation to you to submit a legally binding offer to conclude a rental agreement for the vehicle in question on the appropriate terms (“offer”).
5.2 You submit an offer by clicking the “Order now for a fee” button within an advertisement.
5.3 You will then receive a booking confirmation from us by e-mail to the e-mail address you provided during the registration process. This booking confirmation does not yet constitute acceptance of your offer.
5.4 The binding acceptance or rejection of your offer takes place by the abo-drive partner within a period of 24 hours. You will receive a corresponding notification by email and via the platform.
5.5 According to § 312g Paragraph 2 No. 9 BGB the customer, even if he is a consumer, has no right of withdrawal.
6. Customers and other persons authorized to use the vehicle
6.1 Customers can be private and corporate customers.
6.2 Subject to the provisions of these END CUSTOMER T & Cs, a vehicle may only be driven by the authorized driver (s) specified in the respective booking (hereinafter “authorized driver”). Driving within the meaning of this clause also expressly includes moving the vehicle on private property, where the road traffic regulations or corresponding foreign legal regulations may not apply.
6.3 The authorized driver may leave the vehicle for individual journeys to all other drivers listed in the booking confirmation (hereinafter “authorized third parties”). The provisions of this section 6 of the END CUSTOMER T & Cs must also be observed for authorized third parties. The authorized driver may only allow other persons to use the vehicle with the prior, express and written consent of the abo-drive partner.
6.4 The abo-drive partner must prove that they have a driver’s license for all authorized drivers. Proof can be provided via the corresponding upload function on the platform with scans of the driver’s license documents
6.5 Authorized drivers may only be those who are at least 18 years old and have a driving license that is valid in the EU and are required to drive the booked vehicle and who meet all conditions and requirements contained therein. Customers must independently check whether the respective authorized driver is in possession of a driving license that is still valid in the EU.
6.6 The customer undertakes to notify abo-drive and the abo-drive partner immediately of the expiry, revocation or any other loss of the driver’s license of the authorized driver and to immediately stop using the vehicle. In this case, the customer must ensure that the vehicle is in a safe place after the end of its use, where it is permitted to park vehicles in accordance with the applicable legal regulations.
6.7 The customer must ensure that the authorized driver and any other authorized third parties comply with all obligations arising from these END CUSTOMER GTC. In this context, the customer is liable – without prejudice to any possible liability of the authorized driver or third party – for their breach of duty towards us or the abo-drive partners.
6.8 abo-drive can make the booking and use of vehicles subject to further requirements or conditions. In this case, we will notify the end customer of this before booking a vehicle.
6.9 The customer must immediately notify us of any changes to his relevant data (name or company name, address, bank details) or the data of the authorized drivers (name, address) by independently adapting the data stored with us in connection with his abo-drive profile .
7 Vehicle handover
7.1 As soon as the booked vehicle is ready for you, you will be informed of this via our platform.
7.2 Depending on the booked service, you have the option of picking up the vehicle yourself from the relevant abo-drive partner or having it available at a desired location (e.g. your home, your place of work).
7.2.1 The vehicle is only handed over to the customer or the authorized driver who can identify himself with an identity card or his passport. In addition, a valid driver’s license document must be presented for handover. Furthermore, a handover can only take place to persons who are fit to drive (collectively referred to as: “handover requirements”).
7.2.2 Whether and, if so, to what extent the collection of the vehicle from the abo-drive partner is chargeable, depends on the respective contractual provisions on the rental relationship between you and the abo-drive partner. In any case, it is necessary that you agree a handover date with the abo-drive partner in advance using the corresponding communication tool on our platform.
7.2.3 There are additional costs for the delivery of the vehicle to a desired location of the customer according to the information provided by the abo-drive partner on our platform. This also applies to cases where a handover at the customer’s preferred location is not possible for reasons for which the customer is responsible, for example because the customer or the authorized driver are not present or because the person concerned does not meet the handover requirements. Additional delivery dates that become necessary for the aforementioned reason are subject to a charge according to the information on our platform.
7.3 The abo-drive partner is entitled to provide an equivalent or higher value vehicle upon collection and to hand it over to you to fulfill the contract if the vehicle booked in the request is no longer available. The prerequisite for this is that all significant equipment features have been complied with. Significant equipment features are: vehicle brand and type, damage-free, color, engine power with a permissible deviation tolerance of 10%, type of transmission, fuel, type of body (station wagon, sedan, etc.), number of seats and doors.
7.4 When the vehicle is handed over, a competent employee of the abo-drive partner or a third party commissioned by the abo-drive partner (hereinafter referred to as the “expert”) inspects the vehicle together with the customer or the authorized driver and any damage is, as far as recognizable, in the ” Vehicle pick-up protocol ”.
7.5 After inspecting the vehicle, the vehicle handover protocol must be signed by the specialist and the customer or the authorized driver. This documents the overall condition of the vehicle in accordance with the contract. Together with the vehicle to be handed over, both parties receive a copy of the vehicle handover protocol.
8 Contractual use and obligations of the customer
8.1 General duties of care: The customer undertakes to treat the vehicle with care in accordance with the operating instructions, to keep it in a roadworthy condition and, in particular, to observe the warning lights and maintenance intervals, e.g. for refilling operating fluids. He also undertakes not to use the vehicle for any purpose other than the contractual purpose and to always lock the vehicle properly and park it in a roadworthy manner.
8.2 Obligations to keep the vehicle: the abo-drive partner remains the owner of the vehicle. However, the customer also undertakes to comply with the statutory requirements for vehicle owners.
8.3 Sole responsibility of the customer for fines and other penalties:
8.3.1 The customer ensures that in the event of traffic violations that are directly related to the vehicle, the necessary measures are taken against the regulatory authorities.
8.3.2 The costs for usage fees (in particular tolls and vignettes), fines and penalties for traffic violations are borne by the customer during the respective term of the booking. Should Austrian or foreign public or other bodies demand corresponding payments from the abo-drive partner as holder in this context, the customer undertakes to release the abo-drive partner of this immediately after notification.
8.3.3 In the event of breaches of the obligations under the two aforementioned points and to protect its own interests, the abo-drive partner is entitled to disclose the name, address and contact details of the customer, the authorized driver or the authorized third party to the authorities. In this context, we expressly point out special features including the Austrian and Swiss road traffic regulations, which u. In the event of violations and non-compliance, this can lead to criminal prosecution by organs of the license holder (driver information).
8.5 Prohibited uses: The vehicle may not be used:
a) for motorsport purposes, in particular driving events in which the achievement of a maximum speed is important or in the associated transfer trips,
b) for vehicle tests or driver safety training,
c) as an object of journalistic / journalistic activity (publication of commercial test reports and experience reports to the press or commercial publication on the Internet, e.g. in social media, etc.),
d) for paid or free transfer to third parties who are not authorized third parties within the meaning of these END CUSTOMER GTC, including car sharing and similar offers,
e) for the commission of criminal offenses, even if these are only punishable by the law of the crime scene,
f) for the transport of highly flammable, poisonous or otherwise dangerous substances,
g) under the influence of alcohol or narcotics within the meaning of the Narcotics Act or other intoxicating substances or drugs, provided that these substances impair the ability to drive,
8.6 Smoking ban: Smoking and vaporizing liquids using so-called e-cigarettes or similar devices is prohibited in the vehicle.
8.7 Transport of animals: Animals may only be transported in the transport boxes provided in the trunk.
8.8 Changes to the vehicle: At no time and in no way without the prior written consent of the abo-drive partner, changes of a technical or optical nature (such as attaching stickers, conversions or vehicle tuning) to and in the vehicle.
8.9 Trips abroad:
8.9.1 In addition to the booked country, the booked vehicle may also be taken to the following countries: Germany, Switzerland, Italy, Spain, Portugal, France, the Czech Republic, Slovenia, Slovakia, Hungary, Poland, Belgium, the Netherlands, Denmark, Norway, Sweden , Finland, Estonia, Latvia, Lithuania, Greece, Lichtenstein, Luxembourg. A shipment to all countries not listed here is expressly prohibited and is only allowed with the prior, express and written consent of the abo-drive partner.
8.9.2 When traveling abroad, the customer is obliged to provide all necessary documents and safety accessories, such as Carry sufficient safety vests in the vehicle in accordance with the regulations of the destination and countries traveled through.
8.9.3 The risk that results from an assignment outside the booked country is borne in full by the customer, unless it is covered by the protection of the motor insurance to be taken out by the abo-drive partner after booking. In these cases, the customer has to release abo-drive or the abo-drive partner from any claims by third parties. Actions to defend against such claims must be carried out by the customer at his own expense. In the event of damage abroad, the customer may have to pay the costs of handling the damage. These will be reimbursed by the abo-drive partner after submitting proper receipts within the limits of the motor vehicle insurance to be taken out by the abo-drive partner after booking.
9 Package price, invoicing, terms of payment
9.1 The package price for the booked vehicle can be found in the booking. A booking interval is one month. The abo-drive partner will invoice the end customer for the package price in advance of the respective booking interval. The start of use is the date the vehicle is handed over to the customer. From this date, the amount is calculated for a booking interval.
9.2 The prices stated in the booking are final prices. The sales tax and all other possible price components are included. Any transfer costs are also stated in the booking. There are no additional delivery, freight or shipping costs.
9.3 Any ancillary services agreed in the booking that are booked separately by the end customer are to be paid for separately by the customer, unless expressly stated in the booking as part of the package price.
9.4 Payments by the end customer can only be made cashless to the account specified by abo-drive partner in the respective invoice.
9.5 The end customer has the option of issuing a SEPA direct debit mandate to abo-drive partner (SEPA basic direct debit mandate for private customers and SEPA corporate direct debit mandate for corporate customers). In this case, the customer authorizes abo-drive partners to use the SEPA direct debit mandate for all subsequent vehicle bookings as well as any other fees that the customer owes from or in connection with the use (e.g. parking tickets).
9.6 If the end customer is responsible for a return debit as part of a direct debit, the customer must compensate abo-drive Partner for the damage that we typically incur as a result of such a return debit. For this purpose, the customer has to pay an amount of EUR 15 to the abo-drive partner as compensation. The customer reserves the right to prove that no or lower costs were incurred.
9.7 The customer and the abo-drive partner agree that the payment of the first booking interval is due immediately after acceptance of the booking by the abo-drive partner. Each subsequent booking interval is due on the day of the respective following month, which in terms of calendar corresponds to the day on which the term began.
9.8 The end customer agrees that the invoices from abo-drive Partner are generally sent in electronic form to the e-mail address provided by the customer. The customer agrees that he will no longer receive paper invoices and that abo-drive will send an electronic invoice that meets the legal requirements to the email address on file.
10 Customer Liability
10.1 The customer is released from liability within the limits of the scope of the motor vehicle insurance according to Clauses 8.5 and 10 of these END CUSTOMER T & Cs. The customer is fully liable in accordance with the statutory provisions for cases of damage that are not covered by the motor vehicle insurance under Clauses 8.5 and 10 of these END CUSTOMER T & Cs.
10.2 For each case of damage for which the customer is responsible, there is a customer excess of up to EUR 1,000.00.
11 Liability of the abo-drive partner
11.1 The liability of the abo-drive partner is limited to its essential contractual obligations. These lie in the provision of the vehicle for use in accordance with the contract, its maintenance in accordance with the provisions in these END CUSTOMER GTC and compliance with road safety obligations. Events that are unforeseeable, unavoidable and beyond the abo-drive partner’s sphere of influence and for which the abo-drive partner is not responsible, by which the abo-drive partner is wholly or partially prevented from fulfilling these obligations, in particular war, terrorist attacks, natural disasters, fire damage, floods , Strikes release the abo-drive partner from the obligation to perform on time for the duration of these events.
11.2 In addition, the liability of the abo-drive partner due to breach of other obligations, unauthorized actions and positive breaches of contract or negligence when concluding the contract is limited to gross negligence and intent.
11.3 In cases of only slight or moderate negligence, the liability of the abo-drive partner is limited to the compensation of the direct and typically foreseeable damage, even in the event of a breach of essential contractual obligations.
11.4 The abo-drive partner is liable to the extent that his fault in relation to other causes contributed to the occurrence of the damage.
11.5 All previously defined restrictions on the liability of the abo-drive partner do not apply if it involves injury to life, body or health.
12 Disposals, foreclosure, right of retention, offsetting, assignments
12.1 If the vehicle is threatened with or has been foreclosed, the abo-drive partner must be notified immediately.
12.2 You are not entitled to offset against the claims of the abo-drive partner, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against the claims of the abo-drive partner if you assert notices of defects or counterclaims from the same rental contract.
12.3 You are not entitled to a right of retention, unless the right of retention is based on the same contractual relationship.
12.4 Claims and other rights of the customer from the contractual relationship with the abo-drive partner can only be assigned with the prior written consent of the same. The abo-drive partner is entitled to assign claims from the contractual relationship for the purpose of refinancing.
13 Duration of vehicle booking, termination
13.1 The term agreed in the booking begins on the day of the agreed handover of the respective vehicle. The term only begins when the vehicle is actually handed over if the vehicle is not handed over on the date in the above sentence, unless the customer is responsible for this fact.
13.2 The agreed term represents the minimum term. After the minimum term, the customer can terminate the contract properly at any time with a notice period of 10 days to the end of the respective extension period.
13.3 If the customer wishes to switch seamlessly to another vehicle, he must indicate this at least 10 days before the expiry of the aforementioned notice period using the corresponding function on our platform.
13.4 The customer must return the vehicle to the abo-drive partner no later than the last day of the aforementioned deadline. The further regulations for the return of the vehicle result from paragraphs 14-15 of these END CUSTOMER GTC.
13.5 Cancellations must be made in text form (e.g. email or via the corresponding function on our platform).
13.6 If the customer fails to return the vehicle at the end of the contract period, the term is automatically extended by a further calendar month. The package price is then calculated as if the customer had only booked the vehicle on a monthly basis. The regulation of § 545 BGB does not apply.
13.7 The right to extraordinary termination for good cause remains unaffected. A reason for extraordinary termination by the abo-drive partner exists in particular if:
a) The customer is in arrears with payments equal to the sum of two monthly packages.
b) The customer or the authorized driver or authorized third party endangers the vehicle provided by neglecting the existing duties of care.
c) The customer culpably leaves the vehicle to an unauthorized third party.
d) The customer provided incorrect information or withheld facts when concluding the contract and therefore the abo-drive partner cannot be expected to continue the contract until the end of the notice period or until the other end of the usage relationship.
e) The continuation of the booking is unreasonable for the abo-drive partner due to the high damage rate of the customer. This limit is regularly reached as soon as a one-off or several individual events result in total damage of EUR 5,000.00 to the vehicle for which the customer is responsible.
13.8 The abo-drive partner reserves the right to assert claims for damages in the event of extraordinary termination.
14 Place and time of return of the vehicle
14.1 At the end of the term, the abo-drive partner agrees an exact return date with the customer within the business hours of the abo-drive partner. The latest possible time for the return is the last day of the term. The customer is obliged to contact the abo-drive partner at least ten working days before the latest possible time for the return in order to agree on a return date.
14.2 The vehicle must be returned to the abo-drive partner from where it was picked up or from where it would have been picked up free of charge. Notwithstanding this, the customer and the abo-drive partner are free to jointly agree on a different return location.
15 Vehicle condition upon return, defects and damage
15.1 The vehicle must be returned in a condition in accordance with the contract. In accordance with the contract in this context means that the vehicle must be returned (including cleaning of the interior and exterior of the vehicle) as it was received at the time of delivery. The wear and tear on vehicle parts resulting from the contractual use of the vehicle during the rental period are not taken into account.
15.1.1 This also applies to accessories. Accessories include all loose objects at the time of handover of the vehicle, such as warning triangles, first-aid kits, tools, etc., including all documents such as the registration certificate Part I and the service booklet, as well as all keys.
15.1.2 This also applies accordingly to the consumption of all types of operating fluids (e.g. fuels, AdBlue, windscreen washer fluid, engine oil). These are to be replenished in quantity and suitable quality by the customer at his own expense so that the contractual condition is restored upon return.
15.2 The condition of the vehicle as documented in the vehicle handover protocol upon handover is decisive for the assessment of compliance with the contract.
15.3 If the vehicle is not returned in the contractual condition, the customer is obliged to pay compensation to the abo-drive partner. This does not apply if the customer is not responsible for the lack of conformity of the condition of the vehicle when it is returned.
15.4 If the vehicle is returned with more kilometers driven than contractually agreed, the additional kilometers will be charged when the vehicle is returned in accordance with the list on the product detail page.
16 Other provisions
16.1 The contractual relationships between abo-drive and you are subject to Austrian law to the exclusion of the UN Sales Convention (CISG).
16.2 In the event that you are a businessman, the place of jurisdiction for all lawsuits in connection with this contract is Vienna. The same applies if you are a natural person and relocate your place of residence or habitual abode from the area in Austria after the conclusion of the contract. The same also applies if their place of residence or habitual abode is not known at the time the action is brought.
16.3 Should individual provisions of this agreement be ineffective, the validity of this agreement is otherwise not affected. In this case, the parties undertake to replace the ineffective provisions with ones that correspond to the original purpose of the ineffective provision.
16.4 Subsidiary agreements, changes and additions to these END CUSTOMER T & Cs are only effective if they are agreed in writing at or after the conclusion of the contract and are expressly designated as side agreements, changes or additions. This also applies to this clause.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
As of: 09/11/20