General Terms and Conditions
§ 1 Object
CITROËN DEUTSCHLAND GmbH (service provider) rents motor vehicles, subject to availability, to registered customers (customers) for short-term rental. These General Terms and Conditions apply to the registration (conclusion of customer contract) and to the short-term use (short-term rental) of the Multicity Carsharing product. The purpose of the Multicity Carsharing short-term rental business model is to meet the demand for mobility within the specified operating area, which can be viewed on the Internet portal in the version currently in force. On concluding the customer contract, the customer does not acquire the right to short-term rental at the price and fee structure valid at the point in time of the registration. The prices and fees currently in force at the point in time of the booking (see § 17 of these Terms and Conditions) are exclusively applicable. These can be viewed on www.multicity.de/carsharing.
§ 2 Entitlement to travel
Entitled to travel are those persons (customers) who have concluded the customer contract with the service provider and any other persons registered by the customer (social partners). Bookings via the customer account by the social partners are effected exclusively in the name and for the account of the customer. If the customer is a corporate body, it can designate persons (social partners) who are entitled to travel in its name and for its account. The customer shall ensure that the social partners entitled to travel comply with the provisions of the General Terms and Conditions and are fit to drive and in possession of a valid driving licence when travelling. The customer assumes the responsibility for the actions of the social partners entitled to travel just as for its own actions. The customer shall convey to the service provider on request the name and address of the social partner who has driven the car.
§ 3 Customer card
Each customer receives one or several customer cards to access the cars by means of the access technology installed. Transfer of the customer card and/or PIN to persons not entitled to travel is not permitted. It is necessary to report the loss of a customer card immediately, failing which the customer is liable for any damage caused due to the loss or transfer of the customer card and/or PIN, in particular if this rendered the theft of vehicles possible. The customer card shall be returned immediately to the service provider in any event on termination of the contractual relationship. If the costumer card is lost or not returned, the customer shall be charged a flat rate of €15.00 for the necessary action to be taken and costs incurred insofar as the customer does not furnish proof that no or very little damage was incurred. The service provider reserves the right to claim compensation for any loss exceeding the foregoing. If the customer is given further means of access, this provision applies with the respective differences taken into consideration.
§ 4 Booking
Customers can rent the Multicity Carsharing vehicles available without prior booking. A Multicity vehicle is available provided it has not been booked or rented out to another customer and there are no technical or operational reasons (in particular if the battery charge level of the vehicle is below 20% or if the vehicle is being cleaned or repaired) to prevent the rental of such a vehicle.
Alternatively, the customer can book online or by telephone to use a vehicle for travel.
If a vehicle is booked but not used by the customer within 15 minutes of commencement of the booking period, the vehicle shall be released again for use by other customers. Multicity Carsharing notifies the customer if it is not possible to allocate to the customer the vehicle requested. The service provider reserves the right to change the advance booking time permitted. The customer shall be charged for the telephone booking service in accordance with the current price list, which can be viewed on www.multicity.de/carsharing.
§ 5 Period of use
The vehicles can be used for an unlimited period. The journey is invoiced according to the actual travel time, whereby such is rounded up in each case to a full minute. The participating party shall notify Multicity Carsharing on request of the precise location of the Multicity Carsharing vehicle and allow inspection of the vehicle, especially in the case of a rental period exceeding 72 hours.
§ 6 Inspection of vehicle prior to travel commencement
The customer undertakes to inspect the vehicle prior to travel commencement for any identifiable defects/damage and to compare it with the damage schedule located in the vehicle. Any defects/damage identified must be reported by telephone to the service provider prior to travel commencement.
§ 7 Carrying a valid driving licence
The customer undertakes to carry a valid driving licence on each journey. The entitlement to travel according to § 2 of these General Terms and Conditions is subject to ongoing, uninterrupted possession of a driving licence and compliance with all the conditions contained therein. It is withdrawn immediately if the driving licence is revoked, temporarily suspended or lost.
§ 8 Use of vehicles
The customer shall treat the vehicle with care and in accordance with the instructions in the manuals, vehicle documents and manufacturer information and shall also check the operating fluids and tyre pressure. The vehicle shall be left clean and tidy, properly secured against theft and the charging cable correctly stowed away in the boot of the vehicle. Smoking in the vehicles is generally not permitted. If the customer has rendered the interior of a vehicle excessively dirty, the customer will be charged cleaning costs for the work or at a flat rate in accordance with the price list, which can be viewed on www.multicity.de/carsharing, provided the customer does not furnish proof of lower cleaning costs. A vehicle is deemed to be excessively dirty in the foregoing sense in particular if it features stains, rubbish, green waste, ash, tobacco smoke, soiling due to the transportation of animals or leftover food or similar soiling. Each and every vehicle is equipped with a charging cable. The customer undertakes to use the charging cable exclusively to charge the vehicle rented. The vehicle shall be used solely within the national territory of the Federal Republic of Germany. The service provider shall be notified of any travel outside the national territory of the Federal Republic of Germany prior to travel commencement. Using the vehicle for the conveyance of passengers for commercial purposes, motorsport training, test purposes or other unlawful purposes and/or placing it at the disposal of unauthorized third parties is not permitted.
§ 9 Service provider liability
With the exception of liability in the case of injury to the life, body or health of the customer, service provider liability is restricted to the intent or gross negligence of the service provider or its legal representatives or vicarious agents, insofar as it is not covered within the scope of the third-party insurance taken out for the vehicle. Service provider liability in the case of a breach of its basic contractual obligations and any service provider liability in respect of the German product liability legislation remain unaffected thereby.
§ 10 Customer liability
The customer is liable in accordance with statutory provisions insofar as the vehicle is damaged, misappropriated or the customer is in breach of customer duties arising from the customer contract. Customer liability also extends to costs associated with the damage caused, such as assessor fees, towing charges, decrease in value and downtime. If the customer has excluded and/or restricted its liability arising from accidents for losses incurred by the service provider by means of an agreement on special insurance benefits, the customer liability remains unaffected in any event in the case of intent or gross negligence as well as if the insurance cover is withdrawn due to customer misconduct. The customer is liable for any road traffic violations and administrative offences committed by the customer. The costs incurred by the service provider for processing administrative offences are borne by the customer in accordance with the price list, which can be viewed on www.multicity.de/carsharing. Insofar as the customer does not furnish the service provider with proof of lower processing expenses, the service provider is entitled to refrain from invoicing the exact costs and charge a flat-rate fee in accordance with the price list, which can be viewed on www.multicity.de/carsharing. The customer undertakes to notify the service provider immediately of a change of address. The service provider is entitled to charge the customer for an address search at the actual cost or at a flat rate in accordance with the price list, which can be viewed on www.multicity.de/carsharing insofar as the customer does not furnish proof of a lower cost.
§ 11 Insurance
All the vehicles are covered by third party, third party fire and theft and comprehensive insurance. The respective excess and the possibility for the customer to take out additional insurance cover are shown in the applicable price list. Reduction of the excess in the case of a claim is only applicable if it is arranged prior to travel commencement. A claim for insurance benefits is subject to the prior consent of the service provider.
§ 12 Accidents, damage, theft and duty of disclosure
Following an accident, theft, fire, damage caused by game or any other damage, the customer undertakes to call the police if a third person is involved in the incident as an injured party or potential (contributing) party responsible for the accident or if property other than the vehicle has been damaged. In the case of damage with third-party involvement, the customer is not entitled to admit guilt without the prior consent of the service provider. The customer undertakes in the first instance to notify the service provider immediately by telephone of any events causing damage and subsequently to send the service provider a complete and accurate report in writing of all the details in every particular. This written notification by the customer shall be received by the service provider no later than two days after the event causing the damage. In the case of an accident outside the specified operating area, the customer shall bear all the costs incurred as a result of the return of the vehicle to the operating area once it has been repaired. The service provider is entitled to charge the customer a flat rate for the expenses incurred in accordance with the applicable price list for the costs related to processing the case of damage in respect of an accident caused in part or in full by the customer insofar as the customer does not furnish the service provider with proof that the service provider has suffered a significantly lower loss or not suffered any loss as a result.
§ 13 Return of vehicles
The customer undertakes to return the vehicle in accordance with the applicable provisions. The return is deemed to be in accordance with the applicable provisions if the vehicle, together with all the documents handed over, is parked on a designated car park specified for this vehicle inside the operating area in the respective city, if it is properly locked (doors and windows locked, steering-wheel lock locked in place, lights switched off), if the vehicle key has been deposited at the prescribed place and if the battery charge level of the vehicle guarantees a range of minimum 10 km. Furthermore, the rental is not deemed to be terminated until it is possible to make a mobile telephone connection at the location of the Multicity Carsharing vehicle. In the event that the vehicle is not returned in accordance with the applicable provisions, the service provider reserves the right to assert a claim against the customer for losses incurred as a result.
On return of the vehicle and deactivation of the ignition, the exact location of the respective vehicle and the period of use is automatically recorded and transmitted to the accounting department.
§ 14 Parking
The designated car parks are the public car parks located inside the operating area. Excluded therefrom are solely residential parking zones and car parks where the parking period permitted is interrupted due to no stopping or parking at certain times or time-limited parking using a clock disc.
Furthermore, it is not permissible to park the vehicle on a parking space for the disabled, where there is no stopping or parking, on taxi ranks or on private land and similar parking zones with rights of special use.
The customer shall be charged for any costs incurred as a result of collection from one of the aforementioned sites in accordance with the price list, which can be viewed on www.multicity.de/carsharing. Multicity Carsharing vehicles are equipped with special ‘mobile phone parking badges’, which replace the car park ticket.
§ 15 Technician callout
If the customer is the cause of a technician callout due to failure to operate the vehicle or access technology properly or failure to observe the rules and regulations (especially in respect of completely emptying the battery or leaving a power consumer on), the customer shall be charged the costs in accordance with the price list, which can be viewed on www.multicity.de/carsharing, or according to the actual cost. The customer reserves the right to furnish proof in the case of the service provider incurring lower costs than those specified on the price list.
§ 16 Reciprocal use
The customer is also entitled to book vehicles offered by the cooperation partners of the service provider via the customer account at the price currently in force in accordance with the price list for the respective product (see § 1 of these Terms and Conditions). In this case, the service provider continues to be the contractual partner of the customer. The respective General Terms and Conditions of the cooperation partners are applicable for the use of such vehicles.
§ 17 Charges, terms of payment, deposit
The customer shall be charged administration and registration fees, fees for the use of vehicles – driven by the customer, social partners or delegated parties – as well as service fees in accordance with the list of prices and fees currently in force. As a rule, such fees are debited to the account of the customer on a fortnightly basis. The service provider reserves the right to adjust the list of prices and fees accordingly following careful examination of the economic situation, for example if energy prices and maintenance and purchase prices increase. The customer shall be notified of the change at least one month before it comes into effect. The adjustments shall always take effect as of the 1st of the following month and notification thereof shall be given on the Internet and on the invoices. Travel is invoiced on the basis of the effective period of use according to the booking and the location where the car is left as established by the on-board computer, both of which are legally binding. The invoice sent to the customer by the service provider falls due and is payable within 14 days of receipt of the invoice. In the event of default, the service provider is entitled to assert a claim against the customer for losses incurred by the service provider due to default. If the customer requests the invoice to be sent by mail, the customer shall be invoiced a service charge for this in accordance with the price list currently in force. Sending the invoice by email is free of charge. Any travel credit granted is valid in each case for 24 months unless notification of a shorter period of validity was given when the credit was arranged. The service provider shall collect the amount charged by direct debit at the earliest after 5 working days provided the customer has granted corresponding authorization. If a direct debit instruction has not been honoured due to lack of funds or other reasons for which the customer is responsible, the service provider is entitled to invoice the customer the amount of the costs actually incurred or as a flat rate in accordance with the price list, which can be viewed on www.multicity.de/carsharing. The service provider is entitled to assign its claims at any time to a third party (collection agency).
§ 18 Setoff, exclusion of objection
The customer shall have right of retention only in the case of counterclaims arising from the contractual relationship. The customer is entitled to set off claims asserted by the service provider only against undisputed or legally valid counterclaims.
§ 19 Contractual amendments
The customer shall be notified of any amendments to the General Terms and Conditions in writing by letter or by email and they shall be published on the Internet. The amendments are deemed to have been approved if the customer does not raise an objection in writing. The service provider shall advise the customer specifically of this consequence in the notification. Any objection raised by the customer must be submitted to the service provider within one month of the notification on the amendments.
§ 20 Termination, blocking and change of rates
The customer contract shall be concluded for an indefinite period of time and may be terminated by either party subject to 6 weeks’ notice to the end of the quarter. If a minimum term was agreed in the case of special rates, due and proper termination by either party is subject to 6 weeks’ notice to the end of this minimum term. The parties reserve the right to extraordinary notice of termination of the contract. In the case of rates subject to a minimum term, the customer is also entitled to extraordinary notice of termination due to changes in prices and fees, whereof the customer shall be advised by the service provider in the notification of the changes. In place of an extraordinary notice of termination, the service provider is also entitled to block the customer from further rental for good cause. This applies in particular as long as significant claims asserted by the service provider for previous rental have not been settled despite repeated reminders, if the customer fails to cooperate in clarifying cases of damage or is repeatedly in breach of the basic customer duties arising from the contract (see § 23 of these General Terms and Conditions). The service provider shall advise the customer in writing of the duration and reason of the blocking. Changing to a different rate is possible subject to 2 weeks’ notice to the end of the month.
§ 21 Data protection
The service provider is entitled to use and process the personal data of the customer in conformity with the provisions set forth in the German Federal Data Protection Act. In the case of administrative offences or road traffic violations, the personal data of the customer shall be communicated to the extent required (name, address) to the road traffic or regulatory authorities. The service provider undertakes not to pass customer data on to a third party to be used for commercial purposes. The position of the car is determined on its return and on switching off the ignition. Otherwise, the vehicle location is not tracked under normal circumstances while it is being used by the customer. If the customer is in breach of the duties related to returning the vehicle (§ 13) or in other cases of conduct in breach of the contract, the service provider is also entitled to track the location of the vehicle.
§ 22 SCHUFA clause/credit check
The service provider reserves the right to transmit data to the credit investigation company SCHUFA Holding AG (SCHUFA) on the commencement and termination of the customer contract and to receive information on the customer from SCHUFA or any other credit reference agency. In the case of a negative credit report, the service provider reserves the right to charge a deposit prior to providing the service or not to conclude a customer contract. Notwithstanding the above, the service provider shall also transmit data to SCHUFA due to conduct in breach of the contract. According to the German Federal Data Protection Act, such reports may only be made insofar as such communication is permissible after having taken all the interests of the parties concerned into consideration.
§ 23 Conduct in breach of contract
In the case of the following misconduct by the customer, the service provider is entitled to charge a cost flat rate of €500.00 for additional administrative costs incurred insofar as the customer does not furnish the service provider with proof that the service provider has suffered a significantly lower loss or not suffered any loss as a result: unauthorized transfer of the customer card, permitting the use of the vehicle by unauthorized persons.
§ 24 Other provisions
German law is applicable. There are no verbal subsidiary agreements. It is agreed that, in the case of any dispute arising from or in connection with the customer contract, the place of jurisdiction shall be the place of business of CITROËN DEUTSCHLAND GmbH insofar as the customer does not have a domestic place of general jurisdiction or, following conclusion of the contract, the customer relocates to a habitual residence abroad or the place of residence or habitial place of residence at the point in time at which the legal proceedings are commenced is not known, or if the customer is a merchant who has been entered in the Commercial Register or a corporate body under public law or a special fund under public law.
Status: 26 July 2012