The Stadtwerk Tauberfranken GmbH provides the Skoda Citigo-E, which is offered via the app taubermobil, car & bike sharing, by Taubermobil Carsharing e.V. The aim of the project is to improve the individual travel chain by providing the e-vehicle, to get more people enthusiastic about electric mobility and thus to show the possibilities of alternative means of transport and environmentally friendly mobility on site.
§ 1 Contractual partner/object
These terms and conditions of use regulate the legal relationships and apply to the entire business relationship between the “user” (persons of any gender) and the “association” Taubermobil Carsharing e.V., through which the vehicle is booked, regarding the provision of the E-car for temporary use against payment.
§ 2 Prerequisites for graduation
Prerequisites for the conclusion of this contract are
(a) the possession of a driving licence for a passenger car with the assurance that the booked car will only be used together with a valid driving licence
(b) the presentation/verification of driving licence/ID card
(c) the filing of the correct data: Name, first name, address, e-mail address (date/place of birth), credit card number, IBAN.
(d) Confirmation that the costs arising from the use of the vehicle are covered at all times.
(e) that 19,00 € have been paid by credit card to the indicated club account, see tariffs.
(f) the acceptance of these terms and conditions of use and the assurance to comply with all regulations contained therein.
Further components of the contract:
(a) the respective valid tariff regulations
(b) the logbook (including manual) in the vehicle in its current form
(c) the respective valid insurance conditions (AKB), inquiry possible
§ 3 Conclusion of a rental agreement/booking
The user is obliged to book the car in his own name under his own user number before each use, stating the period of use. This will result in an individual rental agreement, which includes the completely and truthfully filled out details in the logbook.
If the desired vehicle is occupied, there is no claim to a replacement vehicle.
The booking period is to be limited to what is necessary in order not to hinder other users. In any case, it must be ensured that the vehicle is back at its location at the end of the booking; a time buffer should always be planned according to the circumstances.
The booking time is at least 1 hour and at most 36 hours.
If the booked vehicle is not available to the user at the time of booking or is not sufficiently charged (less than 80%), the user may cancel the trip free of charge (see §9 (4)).
§ 4 Vehicle use
(1) The user is obliged to handle the car carefully and appropriately and to behave in the interest of operational and traffic safety. All legal regulations and instructions relevant for use as well as the manufacturer’s operating instructions and the regulations in the logbook must be observed.
(2) The vehicle must be properly secured against theft.
(3) Before and during each use as well as upon return, the user must check the vehicle for visible damage and defects. If defects or damages are discovered which have not yet been entered in the logbook, the user must make this entry, take a photo if necessary and notify the club. If the registration is omitted, the user is liable for possible consequential damages and a contractual penalty is due (see special fees). The burden of proof for lack of fault lies with the user.
(4) If the damage or defects found impair the road safety of the vehicle or can lead to consequential damage to the vehicle, the vehicle may not be used. In this case, too, immediate notification must also be given immediately. Other users must be warned in a suitable manner (e.g. note on the steering wheel, entry in the logbook).
(5) The mileage must be entered in the logbook before and after each journey.
(6) The vehicle is to be kept clean inside and outside, see special charges.
(7) The user may be driven by another person. However, he is obliged to check their driving licence and to convince himself of the driving ability of this person. The user is fully liable for all damages caused by this person.
§ 5 Loading management/delays
(1) At the beginning of each journey, the charging cable is stowed in the car. On return, the e-car must be connected to the charging station with this cable and charged. The instructions explaining when which charging card is used and under what conditions can be found in the logbook. This mainly concerns journeys outside the Main-Tauber-Kreis and over 120 kilometres.
(2) The booking period can be cancelled or shortened (see special fees). An extension is possible as long as this does not conflict with bookings made by other users.
(3) The calculation of the loading time requires the most exact mileage information possible in the booking period.
(4) A penalty fee will be charged for delays, see special fees.
The vehicle is covered by third party liability, partial and full insurance and has a breakdown cover certificate. The telephone numbers for the breakdown service and contact persons are in the logbook. There you will also find the vehicle documents and the insurance documents in the appropriately marked envelope.
(1) In the event of an accident, the user must notify the police to take the accident report and immediately inform the association (see logbook) by telephone and e-mail.
(2) The user must ensure that all measures necessary to preserve evidence and mitigate damages are taken. This includes in particular:
a) Determination of the names and addresses of those involved in the accident and witnesses as well as the registration numbers of the vehicles involved and the opposing insurance company;
b) taking appropriate safety precautions for the booked vehicle;
c) Remaining at the scene of the accident until the police accident report has been completed;
d) Immediately send and submit a detailed accident report to the club, if possible with a sketch and definitely with a photo.
(3) The user may not make any acknowledgement of guilt, any assumption of liability or any declaration with comparable legal effect.
(4) The user has to pay all due deductibles in every insurance case caused by him, the maximum amount of which is determined by the special fees.
§ 7 Settlement/Fines
(1) The settlement is made quarterly and sent by e-mail.
(2) If the user has to pay repair costs, these will be offset against the invoice, unless the user himself is responsible for the damage.
(3) Warning and fine fees, other fees, penalties and charges incurred in connection with the use of the car are to be borne by the user alone, unless they are demonstrably due to the fault of the association. The costs will be collected at the time of settlement.
§ 8 Prohibitions of use
Rides under the influence of alcohol, drugs or medicines are prohibited. The use of unpaved paths and unsuitable terrain is also not permitted. Hazardous substances may not be transported. In this case, all resulting damages are not insured and are to be borne entirely by the user.
Smoking in the vehicle is absolutely prohibited. Animals may not be carried (see special fees).
§ 9 Liability, contractual penalty, blocking of use
(1) The user is fully liable for all claims that third parties make against evemo/the association, insofar as the user has made possible the infringement of third party rights by the data posted by evemo/the association. The user is also liable for ensuring that all data provided by evemo/the association is not used for discriminatory, illegal purposes or purposes that violate official regulations or requirements, or that corresponding data is created and/or stored on evemo’s server, and assumes all costs incurred for legal defence or any claims for damages that may arise.
(2) The user is liable to the association and the other authorised users for full compensation for damage or loss of a vehicle if the damage was caused intentionally or through gross negligence by the user’s conduct or the conduct of a third party attributable to the user.
(3) In all other respects, the user shall be liable to the Association for compensation for damage culpably caused by, for example, the loss of a key; the obligation to compensate shall extend in particular to the replacement of locks and keys.
(4) For damages suffered by the user or third parties in connection with the rental or use of the association’s vehicles, e.g. if a vehicle is not available despite a booking, the association is only liable for
a) in case of intent and gross negligence
In the case of intended journeys with a high damage potential (e.g. travel to the airport, business appointments), each user must select the beginning of the booking period in such a way that the destination can be reached by other means of transport if necessary. There is no claim to replacement or reimbursement of costs if a booking is not made.
b) within the scope of the owner’s liability (§ 7 StVG).(5) In case of breach of contract
a) a contractual penalty or special fees are charged.
Depending on the nature of the infringement, these are between 10,- € and 200,- €.
b) the association temporarily excludes the user from using the vehicle. Bookings already made can also be cancelled by the association. The user must be informed immediately of the duration and reasons for the exclusion; subsequent notification is sufficient. If the breach of contract consists of the user not fulfilling the demands of the association despite a reminder, the exclusion can be extended for the time until the demands are fulfilled.
§ 10 Amendment of the contract
(1) Contract conditions and tariff regulations can be changed by the association. The users will be informed about changes in writing. The complete contract texts will be made available to them via app/on the Internet.
(2) Changes to the tariff regulations can only be made with effect from the first day of the month after next following receipt of the notification.
(3) The user terms and conditions shall come into effect at the changed conditions if the user does not object in writing within one month after receipt of the change/notification. The objection shall be deemed as termination of this contract.
§ 11 Severability Clause / End of Contract
Should individual provisions of these user conditions including the tariff regulations be invalid, this shall not affect the validity of the rest of the contract.
The association can block the user’s access to the vehicle without notice if the user uses the car contrary to the terms of the contract or otherwise violates provisions of the contract.
Place of jurisdiction: Bad Mergentheim
Translated with www.DeepL.com/Translator (free version)