Terms

General Terms of the Electric Mobility Concepts GmbH

06.04.2023

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 “GTC”). 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 GTC.

1. Eligible Customers, Contract Parties and Applicability of these GTC

(Paragraph 1: Contract Partners)

Electric Mobility Concepts GmbH (hereafter emmy), Alboinstr.17-23, 12103 Berlin, Deutschland acts as the provider. Detailed information about emmy can be found on the Internet site emmy-sharing.de under Imprint.

(Paragraph 2: Eligible Customers)

Customers of emmy may only be natural persons according to the German Civil Code [Bürgerliches Gesetzbuch] (hereafter “BGB”) 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,
2. Must possess a valid driver’s license for an automobile, a motorcycle, or a moped, and
3. Must have fulfilled additional criteria in accordance with the registration instructions on the emmy website.

(Paragraph 3: Applicability)

These GTC cover both the registration (base contract) at emmy and the individual contracts concluded for short-term rentals of our vehicles. They apply exclusively, unless emmy explicitly agrees to contrary or deviating provisions of a customer. Apart from these GTC, emmy may provide additional terms for the use of its products. Moreover, notices of privacy protection may be found on emmy’s Internet site under privacy statement.

(Paragraph 4: Right to Change these GTC)

emmy reserves the right to change or amend these GTC – especially for individual future rental contracts – unless they are unreasonable towards customers. emmy will inform its users about changes (in writing or by e-mail) in a timely manner and will publish these on its Internet site. Should customers issue no objections to changes of the GTC within a month of notification; the amended GTC will be regarded as accepted by the customer. Notifications shall emphasize the rights of revocation and the objection period to customers. Should a customer object to changes or amendments of the GTC, emmy may cancel a customer’s base contract within four weeks, on the basis of these GTC.

(Paragraph 5: Retrieval of GTC)

Customers can access, print out and save these GTC at any time via the emmy website.

2. Subject of the Contract

(Paragraph 1: Subject)

The subject of the contractual relationship between emmy and its customers, on the basis of these GTC, is the base contract which governs the legal relationship between the parties during registration and the subsequent services provided as a framework contract, and the individual rental contracts which are concluded by the parties on the basis of these GTC and the individual base contracts.

(Paragraph 2: Smartphone App)

As part of the base contract, which is subject to these GTC, emmy provides an overview over all available vehicles in its vicinity through a smartphone app (hereafter “app”), so that customers may make reservations and rent or cancel rentals for specific vehicles. Use of the app requires the customer’s personal registration data. emmy allows its customers only to use the app and only permits registered customers to access the app. Neither the source code, nor the object code of the software shall be provided to customers. Customers shall merely receive the technical possibility and authorization to access and use this software, which is hosted on a central server, via the Internet. Usage of the app is free of charge.

(Paragraph 3: Individual Rental Contracts)

As part of the base contract, emmy offers its customers in its area of operation a payment-based use of electrically powered vehicles through short-term rentals, which customers may rent through individual rental contracts on the basis of the base contract. No guarantee of availability is provided by emmy. Should all vehicles be rented, customers must wait until they become available again. emmy reserves the right to restrict or exclude the usage of vehicles (e.g. in case of black ice).

3. Registration, Contract Conclusion, Rentals and Reservations

(Paragraph 1: Base Contract)

The base contract shall be concluded by orderly registration at emmy through its Internet site. Customers are required to complete the online application and follow the online notices of registration. Through entering of the base data and acceptance of the GTC in the registration process, the registration is considered duly completed. Only upon activation is the base contract concluded and legally-binding between the parties. To rent vehicles the customer is also required to have his/her driver’s license verified. Verification shall occur, according to the user’s wishes, either personally at our office or at selected locations in the city, or through a so-called audio-visual verification. Each customer is allowed to only register once. emmy reserves the right to request that the customer undergo a new verification process at any given time. If the customer does not comply, emmy can block the user account.

Customers who were already registered with the sharing service of felyx Deutschland GmbH, registered with the Commercial Register of the Charlottenburg (Berlin) District Court under HRB 231547 B; hereinafter referred to as "felyx Deutschland") and who not have disagreed to the transfer of their customer data to emmy are entitled to continue to use their access data from felyx Deutschland as login data at emmy and to use it to enter into the basic contract. The initial registration with the existing access data, is considered as a properly completed registration and is considered as a conclusive acceptance of these GTC of emmy.

(Paragraph 2: Individual Rental Contracts/Rentals)

Upon registration, customers may rent a vehicle of their choice from emmy, on the basis of the base contract, insofar as it is available – i.e., not registered or rented by another customer and no technical or operational reasons prevent the rental of the vehicle. The pricing and fee list valid during the conclusion of an individual contract as to be found on emmy’s website is also a subject of the contract. A customer may rent no more than one vehicle through an individual rental contract. The app allows the customers to see which vehicles are available at the desired time of rental. The rental contract for the use of an emmy vehicle shall be concluded by the customer selecting the rental function on the app and the computer of the emmy vehicle providing access to the helmets.

(Paragraph 3: Reservations as Part of Individual Rentals)

Customers may also reserve available emmy vehicles. The current maximum reservation time is stated on emmy’s website. Should a reserved vehicle not be rented by a customer after the reservation time, the vehicle will be made available to all customers for usage again. emmy explicitly reserves the right, in case of a customer repeatedly reserving a single vehicle without renting it, to admonish this customer and, if necessary, terminate the base contract after formal notice.

(Paragraph 4: Prepaid minutes packages | Subscription)

The Customer can purchase so-called Prepaid Minute Packages from emmy as well as a fee-based subscription to avoid the activation fee for each individual rental. The type and scope of the Package or of the Subscription can be found in the valid offer on the emmy website or in the emmy app.

4. Duration of Individual Rentals, Battery Life of the Vehicles, Temporary parking

(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 GTC (especially § 8 of these GTC). 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: Temporary parking)

The Customer is entitled to park the vehicle temporarily at any time via the emmy app and according to the German Road Traffic Regulations (Straßenverkehrsordnung; hereinafter referred to as “StVO”). The rental duration continues while the vehicle is temporarily parked. The charge for the parking time is based on the valid pricing and fee list, which the Customer is familiar with (available on the emmy website under Prices).

5. 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 GTC.
2. emmy may send messages to its customers, informing them about news and developments.
3. emmy reserves the right to change the technical functions and the contents of the app.
4. emmy reserves the right to change its area of operation.

6. 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:

(Paragraph 1: Registration)

Customers explicitly assure emmy that all information provided during registration (including but not limited to: name, full address, date of birth, e-mail address, mobile phone number, payment method) is true and complete.

Customers are obligated to immediately inform emmy in writing about changes to their data (especially e-mail addresses, cell phone numbers, payment details, driver’s license restrictions) and to change this information accordingly in the personal login area. Should the customer violate this obligation to provide information (whether the violation relates to the original entry and/or the subsequent alteration thereof), emmy reserves the right to demand compensation for any additional expenses incurred as a result thereof, whereby the customer retains the right to prove in particular that no additional expenses or significantly lower expenses were incurred by emmy.

(Paragraph 2: App Usage)

Both the transferring of a customer’s smartphone on which the emmy app is installed (access medium) and the disclosure of personal login information (username and password) to third parties is prohibited. The customer is liable for any resulting damages for which the customer is responsible that emmy may incur through the loss of the access medium or the disclosure of personal login information.

The customer is prohibited from reading, copying or manipulating the access medium with computer-based methods or other similar methods. Any violation and/or attempt shall constitute an extraordinary right to terminate the basic contract in accordance with § 14 of these GTC in favour of emmy. Furthermore, the customer shall bear the costs of any damage caused as a result of the violation.

Furthermore, in the event of a violation of these conditions, the customer is subject to a processing fee from emmy in accordance with the current pricing and fee list (hereafter “Penalty fee for disclosure of customer login information”), insofar as (i) he/she is unable to provide proof to emmy that less or no damage at all occurred and/or (ii) the penalty fee for disclosure of customer login information exceeds the actual damage incurred.

(Paragraph 3: 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.

(Paragraph 4: 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 § 5 of these GTC 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) 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.

(Paragraph 5: Returning the Vehicle)

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

The customer must ensure that, upon returning it, the vehicle is accessible for other registered customers of emmy at all times. Should this only be possible after an emmy service employee has re-parked the vehicle, the customer will be subject to payment in full of the service costs incurred according to the current pricing and fee list ; (hereafter “Service trip fee due to customer fault”), unless he/she can prove that emmy (i) incurred only minimal or no costs and/or (ii) the service trip fee due to customer fault exceeds the actual costs incurred. Should appropriate evidence of a violation be provided, emmy reserves the right to claim damages from the customer in excess of the service trip fee due to customer fault.

(Paragraph 6: 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 damage involving a third-party, the customer may only admit his/her guilt upon receiving permission to do so from emmy. If such an admission of guilt is made by the customer without the prior consent of emmy, this admission of guilt shall only apply directly to the customer himself. Neither emmy nor the insurer are bound by this admission of guilt.

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 he/she does not file a damage report within this time period, the accident claim cannot be processed by the insurance company and emmy reserves the right to bill all accident-related costs to the customer. Fixed costs and expenses, which emmy is able to calculate in advance and regardless of damage, can be found in the current pricing and fee list (hereafter “Fees for accident damage”) and are to be paid by the customer, unless the he/she is able to prove that (i) emmy incurred only minimal or no costs and/or (ii) the fees for accident damage exceed the actual costs incurred.

In the event of an accident outside of the defined areas of operation, the customer shall be billed for all costs incurred by returning the vehicle to the area of operation. emmy reserves the right to charge the customer a fee in accordance with the current pricing and fee list  for the expenses associated with the claim settlement for an accident for which he/she is partially or entirely at fault (hereafter “Recovery fee for accidents outside of the area operation”), unless the customer is able to prove that (i) emmy incurred only minor or no expenses and/or (ii) the accident recovery fee in the event of customer fault exceeds the actual expenses incurred. Should appropriate evidence be provided, emmy reserves the right to claim damages from the customer in excess of the accident recovery fee. 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 GTC. 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 have finished gathering evidence and the vehicle has been transferred to a towing company, or, after consulting emmy, placed somewhere within the area of operation. A ride can only then be continued after obtaining express permission from emmy.

emmy alone is entitled to choose the workshop for repairs.

(Paragraph 7: Required services of an emmy technician)

Should the customer’s improper use of the vehicle or the technical parts thereof lead to an emmy technician having to be deployed, the customer is obligated to cover all costs associated with the service call in accordance with the current pricing and fee list in full (hereafter “Service trip/ technican service due to customer fault”), unless the customer can prove that emmy (i) incurred only minor or no expenses and/or (ii) the fee for technician deployment due to customer fault exceeds the actual expenses incurred. emmy may claim additional damages if it is proven that expenses were incurred which exceeded the amount stated in the current pricing and fee list . The limitation to the deductible does not apply in the event of incorrect usage of the vehicle by the customer.

The obligations of the customer, according to paragraph 6 of this section, 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 paragraph 6 of this section as soon as their condition allows.

7. Rental Prohibitions

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

1. 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 %.
2. Using the vehicles when the customer is not in full possession of their mental faculties.
3. 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.
4. Transporting objects or substances whose state, size, shape, or weight could threaten traffic safety.
5. Using the vehicles to commit unlawful acts.
6. Transporting easily flammable, poisonous, or other dangerous substances with the vehicles.
7. Transporting more than two people (including the customer) with the vehicles.
8. Transporting children who are not tall enough for their feet to reach the pedals or not strong enough to hold on to the driver.
9. 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.

8. Completion of Individual Rental Contracts and Return of the Vehicles

(Paragraph 1: End of individual rent, return)

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…

1. the vehicle was parked in a permissible area within the operating area designated for the vehicle (see § 8 paragraph 2 of these GTC),
2. both helmets and, if necessary, the vehicle’s keys were deposited at the designated spot in the helmet box,
3. the helmet box was locked properly,
4. a cellular phone connection can be established at the area where the emmy vehicle is returned and
5. the end of the rental is confirmed via app pop-up or email.

In cases of improper returns, emmy reserves the right to claim towards the Customer any damages incurred, e.g. from having to re-park the vehicle at another location.

(Paragraph 2: Parking of the vehicle at the end of the individual rental)

The Customer is obliged to park the vehicle according to the regulations of the German Road Traffic Regulations (StVO) only in a parking space of the public traffic area (this also includes public parking areas for which a fee is charged as long as a valid parking permit exists and in the so-called "jelbi - Stations" as well as in the "Smart Mobility Hubs" of Deutsche Bahn). For the "jelbi stations" and "Smart Mobility Hubs" apply each General terms and conditions of use.

The vehicle must be parked in legally approved zones. It shall not be parked on a sidewalk, in a no-parking zone, on private property (e.g., parking garages, supermarket parking lots, and similar parking zones with restricted use), in a closed or non-public area, or against local traffic regulations and/or other legal regulations.

The customer is entitled to park the vehicle in areas with a day- or time-related parking permit restriction (e.g. no-stopping zones with traffic signs such as "6:00 a.m. to 3:00 p.m." or "March 30, 2015 to April 30, 2015 from 8:00 a.m. to 6:00 p.m.") but only if the parking permit restriction is not valid until 72 hours after the vehicle has been parked. This also applies to no-stopping-zones that have already been ordered but are not yet valid within a certain period of time (e.g. "due to construction work"). In the case of negligent violation, the customer must pay any fines and towing costs.

(Paragraph 3: Photo at the time of return)

During the process of return, the Customer is obliged to take a photo of the vehicle parked by him/her for the purpose of return and to upload it to the emmy app. The photo should clearly show that the vehicle was parked according to the regulations of § 8 para. 2 of these GTC. Furthermore, the entire vehicle should be recognizable in the photograph and must not be blurred or otherwise unclear. emmy is entitled to save this photograph in order to ensure that the Customer has parked the vehicle according to the regulations of § 8 paragraph 2 of these GTC. Moreover, emmy is also entitled to store the photo for the reasons stated in the Privacy Policy, if such use involves the use of the Customer's personal data (e.g. the Customer's photo).

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 billed to the customer in accordance with the current pricing and fee list (hereafter “Fees for violations of traffic laws and regulations”), unless he/she can prove that (i) emmy incurred only minor or no expenses and/or (ii) the fees for violations of traffic laws and regulations exceed the actual expenses incurred. Should appropriate evidence be provided, emmy reserves the right to claim damages from the customer in excess of the fees for violations of traffic laws and regulations.

10. Insurance, Deductible

(Paragraph 1: General)

All vehicles are covered with liability insurance. Furthermore, in the event of damage, the customer is placed in a contractual relationship with emmy which stipulates full comprehensive coverage as well as third-party, fire and theft (Hereafter “Full coverage protection”).

With regard to damage caused by the customer to the rented vehicle and/or third parties, with or without the involvement of a third-party, there is a limitation of liability in favour of the customer, which requires the customer to only pay the deductible in the event of damage in accordance with the pricing and fee list. The above does not apply if (i) the customer proves to emmy that only minimal or no damage was incurred and/or (ii) the deductible exceeds the actual costs of the damage incurred. It is made clear that the deductible is applied in every situation in which damage or an accident occurs.

(Paragraph 2: Exclusion of Liability Limitations to the Deductible for the Full Coverage Protection)

Limitations on excess liability, insofar as these GTC do not state otherwise, do not apply, especially when damages resulted from improper use and/or operation of the vehicle, such as ignoring warning lights or carrying prohibited freight. There is no insurance coverage (pursuant to §10), no full coverage protection (pursuant to § 10) and no limitation to the customer’s liability to the deductible in the event of damage caused intentionally by the customer. It is made clear that the full coverage protection according to §10 Section 1 of these GTC is not applied in the event of (i) damage caused by gross negligence or with intent by the customer and/or (ii) when the customer breaches an obligation as specified in §6 of these GTC. For the previously-stated insurance and liability limitations, the general terms of the German Insurance Association [Gesamtverband der Deutschen Versicherungswirtschaft e. V. GDV] for vehicle insurance apply, unless stated otherwise in these GTC. In cases of damage payments by insurers or a third-party to emmy, emmy shall deduct these payments from its claims against the customer.

11. emmy’s Liability

(Paragraph 1: Extent of Liability)

emmy shall only be liable – regardless of the legal reason – in cases of…

a) … absence of the guaranteed conditions;
b) … liable injuries to life, one’s body, or health;
c) … if damages result from liable violations of contractual obligations (“cardinal duties”). The term “cardinal duty” abstractly describes obligations on whose fulfillment the proper execution of the contract depends and to whose adherence the contract parties regularly rely; and
d) … if damages can be traced to gross negligence or were intentionally caused by emmy.

(Paragraph 2: Liability Limitations)

In cases of cardinal duty violations (paragraph 1 c); liability – insofar as damages merely result from negligence – is limited to damages whose occurrence is typically to be expected within the contractual framework.

(Paragraph 3: emmy Employees)

Liability limitations resulting from paragraph 1 and paragraph 2 applies to employees and contractors of emmy.

(Paragraph 4: Product Liability Law)

Liability, according to product liability law, remains unaffected by this stipulation.

(Paragraph 5: Liability Restrictions)

Liability does not extend beyond the previously stated cases.

12. Customer Liability

(Paragraph 1: General)

The customer is liable for damages to or loss of the vehicles, individual vehicle parts, and rented equipment, according to the laws of liability, if no other agreements were made. The customer is also liable for contractual violations.

(Paragraph 2: Extent of Liability)

Customer liability also extends to additional damage expenses, e.g., assessment costs, increased insurance premiums, valuation losses, towing costs, legal costs, and downtime costs.

(Paragraph 3: Infringements and Legal Offenses)

Customers are fully liable for any legal offenses committed, in accordance with § 9 of these GTs.

(Paragraph 4: Full Liability)

Likewise, the customer is fully liable beyond deductibles for total damages, if emmy incurs damages caused intentionally or by gross negligence of the customer who was fully aware of the stipulations for vehicular use §§6 and 7 of these GTC. Excluded from this is such a violation of § 6 Paragraph 7 sentence 3 of these GTC. If the customer causes damages through gross negligence, both contract parties agree that the customer’s responsibility shall be weighed reasonably against the limited liability agreed upon which shall be reduced accordingly.

(Paragraph 5: Third-party Claims )

In the event that the liability insurance coverage lapses in whole or in part due to gross negligence or intent of the customer, emmy shall be exempt from any third-party claims made against emmy.

13. Billing basis, Payment Conditions

(Paragraph 1: Billing basis of the individual rental contract)

The billing of the drive is based on the actual driving time and the actual parking time. Each minute started is valued and billed by the system as a full minute. In addition, any charges generated by the Customer will be added according to the current pricing and fee list which the Customer is familiar with. The list is available on the emmy website under Prices.

(Paragraph 2: Payment and Billing)

Customers will be charged prices and charges (both hereafter referred to as “Fees”) which apply at the time of their rental and can be found in the current pricing and fee list , viewable on emmy’s website under prices. All prices and charges are indicated in Euros including value added taxes. Before entering into the individual rental contract, the Customer will be informed in the emmy app about: (i) the activation fee for the vehicle as well as (ii) about the price for the rental based on the driving time charged for each minute, and (iii) the price for the rental while the vehicle is temporarily parked. Such price is the total price. Price and fee discrepancies which may have been loaded from caches (e.g., browser caches, proxies, etc.) do not apply. The payment for each individual rental is calculated on the basis of the duration of the rental and based on the valid pricing and fee list valid, which the Customer is familiar with. 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 3: Payment Modalities)

emmy collaborates with various payment service providers. Payments shall be made according to the payment method selected in the respective registration process. By concluding a contract, the customer confirms their disposition over their account. The customer must ensure sufficient account coverage for the chosen payment method. If fees cannot be collected due to insufficient coverage or other reasons, emmy may bill the resulting costs or a flat fee to the customer in accordance with the current pricing and fee list (hereafter “Fee for direct debit return”), unless the customer can prove that emmy (i) incurred only minor or no expenses and/or (ii) the fee for direct debit return exceeds the actual expenses incurred. emmy reserves the right to claim damages from the customer beyond those incurred from the fee for direct debit return. emmy may assign its claims against the customer to third parties (collection agencies) for debt collection.

(Paragraph 3a: Payment Service Provider – LogPay)

Should the customer select the payment service provider LogPay (LogPay Financial Services GmbH (www.logpay.de) in the course of registration in accordance with § 13 paragraph 2 of these Terms of Service, the following shall apply: emmy shall make use of the e-payment services (e.g. web shop, mobile app) of the financial institution LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter referred to as “LogPay”) to process payments. The payment for the individual rental in accordance with Article 13 Section 1 of these Terms of Service is collected by LogPay, to whom all resulting payments, including (but not limited to) any additional claims and fees, have been sold and assigned (notice of assignment). LogPay is a third-party beneficiary of the following terms and moreover authorized to collect any claim in its own name and for its own account.

(Paragraph 3b: Payment service provider-PayPal)

If the Customer has selected the use of the payment service provider "PayPal" as a payment method, the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use, available at www.paypal.com. This requires, inter alia, that the Customer opens a PayPal account or already has one.

(Paragraph 4: Price and Fee Changes)

emmy reserves the right to adjust the pricing and fee list .

(Paragraph 5: Prepaid Packages)

The customer is able to purchase so-called Prepaid Packages from emmy depending on availability on the emmy website (see pricing and fee list ). These function like vouchers and result in the customer receiving a selected Prepaid Package at a discounted price (in relation to the cost of a regular trip) at the time of purchase and allow them to use the credit minutes from the respective package from the time of purchase (activated immediately after purchase) for trips with emmy without incurring additional costs for these trips (Prepaid Packages). These Prepaid Packages are valid for four years from the date of purchase. Any unused credit minutes from a Prepaid Package expire after four years from the date of purchase and the respective Prepaid Package becomes invalid. The customer shall receive no reimbursement or refund from emmy for any remaining credit minutes from a Prepaid Package or invalid Prepaid Packages. Furthermore, the customer has no claim to request the payout of any remaining credit from a Prepaid Package. The riding minutes included in a Prepaid Package can only be used by the customer during the period of validity for rides.

Different terms and conditions of a Prepaid-Minutes-Package may follow from the price offer of the Package on emmy's website.

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 text form 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. Privacy Policy

(Paragraph 1: Privacy Statement)

emmy is aware of the sensitivity of personal data and will adhere to the legal requirements for personal data protection when dealing with the customer’s personal data. The German Telecommunications Act (TMG), the German Federal Data Protection Act (BDSG) and the German Teleservices Data Protection Act (TDDSG) provide the legal basis for data protection. Further information can be found on emmy’s privacy statement on its Internet site.

(Paragraph 2: Data Protection Permissions)

emmy is permitted to save and utilize personal data provided by customers, including usage and vehicular data for locating vehicles, insofar as it is used to execute the base contract and is required for fulfilling the individual rental contracts. To determine the exact billing for a customer’s usage, individual rental contracts are assessed based on their location, departure time, duration of use, destination and arrival time. This data is used by emmy to determine invoices. Furthermore, vehicles will not be located while in proper use by customers. In case of violations of the return requirements, or in other cases of contractual violations, emmy may locate their vehicle. In cases of infringement or traffic safety violations, the customer’s personal data (surname, first name, address) will be provided to the traffic authorities. emmy may also contact the customer by telephone in case of disturbances during the rental or usage period to determine the cause of the disturbance. Provision of customer data to third parties only incurs insofar as it is permitted or required by current law.

(Paragraph 3: No Data Transfer to Unauthorized Persons)

emmy will, under no circumstances, provide personal data to unauthorized persons. In addition, in accordance with legal requirements, emmy will inform the customer immediately and free of charge about which personal data emmy stores upon request.

16. General Credit Protection Agency (SCHUFA) Clause, Credit Assessment

emmy reserves the right to transmit data about the conclusion of a base contract to the General Credit Protection Agency (SCHUFA Holding AG (SCHUFA)) or any other rating-agency and to receive data about customers from them. Emmy reserves the right to refuse base contracts to customers based on negative data.

17. Offsetting and Transfering Rights

The offsetting of customer counterclaims is not permitted, insofar as they do not relate to undisputed or legally binding claims or counterclaims recognized by emmy. The customer shall only transfer the rights and obligations resulting from this contract to third parties upon receiving written confirmation from emmy.

18. Final Provisions

(Paragraph 1: Place of Jurisdiction)

Unless, as a consumer, the customer’s place of jurisdiction lies outside of Germany, the only place of jurisdiction for any disputes arising from this legal relationship shall be the court of emmy’s registered office.

(Paragraph 2: Applicable Law)

The laws of the Federal Republic of Germany shall be applicable to this legal relationship. The place of fulfillment shall be emmy’s registered office.

(Paragraph 3: Severability Clause)

Should a provision of these GTs prove invalid or unenforceable, this shall not affect the remaining provisions. The appropriate legal requirement shall replace the invalid provision. The same applies to any loopholes.

(Paragraph 4: Bilingual Version)

The English version of these GTC is an informative translation. In cases of doubt and in the event of disputes regarding the content and interpretation of the terms of these GTC, the German version shall prevail exclusively.

• emmy übernimmt felyx Deutschland und wird damit wieder zum größten Anbieter im deutschen Elektroroller-Sharing-Markt
  02.02.2023