General Terms and Conditions of GOVECS SHARING GmbH
As of June 8, 2020
ZOOM-Sharing (hereinafter: "ZOOM") is an offer of GOVECS SHARING GmbH, Ludwigstraße 59, 70176 Stuttgart, Germany (hereinafter: "GOVECS SHARING"). ZOOM enables customers to use electrically powered vehicles for a fee in the form of a short-term rental. For this purpose, the customer must first register with ZOOM. This registration is the subject of a so-called basic contract which is concluded between the customer and GOVECS SHARING. The basis for this is formed by the regulations listed below under Part 1 of the General Terms and Conditions (hereinafter also referred to as GTC Part 1).
After registration, the Customer shall be entitled to rent electrically operated motor vehicles (hereinafter also referred to as "rental vehicles") operated by GOVECS SHARING itself or by a company bound by GOVECS SHARING by means of a partner agreement (partner company) within the framework of an individual rental agreement. The regulations applicable to this are set out below under Part 2 of the General Terms and Conditions (hereinafter also referred to as GTC Part 2). These individual rental contracts are concluded between the customer and the respective operator of the rental vehicles in the business area in which the rental vehicle is to be used. The respective operator is visible to the customer under the business area shown in the ZOOM app.
Detailed information about GOVECS SHARING and its partner companies can be viewed and accessed on the website https://www.zoom-sharing.de/.
Part 3 of the General Terms and Conditions (hereinafter also referred to as GTC Part 3) contains regulations that apply as general regulations to both the basic contract and the respective individual rental contract.
The Customer may retrieve, save and print the GTC at any time on the website of ZOOM (https://zoom-sharing.de/en/terms-and-conditions/).
Part 1 Basic contract
§ 1 Scope of application
These GTC Part1 apply to the ZOOM offer. They govern the basic contract between the Customer and GOVECS SHARING for the use of the ZOOM app, in particular the registration and driver's licence verification of the Customer for ZOOM. They apply exclusively, unless GOVECS SHARING exceptionally expressly agrees to Provision of the Customer that conflict with or deviate from these T&C Part1. In addition, the data protection Provision of GOVECS SHARING apply, which can be viewed on the website of ZOOM.
§ 2 Right to amend the GTC
GOVECS SHARING is entitled to change or amend these GTC Part 1 for the future at any time, unless this is not reasonable for the customers. For this purpose, GOVECS SHARING shall notify the Customers in good time of the amendments by correspondence or e-mail and publish them on the website of ZOOM (https://zoom-sharing.de/en/terms-and-conditions/).
If the customer does not object to the amendments to the GTC Part 1 within one month after notification, the amended GTC Part 1 shall be deemed accepted by the customer. In the notification, the customer shall be expressly informed of his right of objection and the significance of the objection period. In the event of the customer's objection to the amendment or supplement to the GTC Part1, GOVECS SHARING is entitled to terminate the basic contract vis-à-vis the customer with a notice period of four weeks.
§ 3 Eligible customers, operators and business area
1. contracting party
The customer concludes the basic contract with GOVECS SHARING.
2. admitted customers
Customers of GOVECS SHARING using ZOOM can only be natural persons according to the German Civil Code (hereinafter referred to as "BGB") who fulfil all of the following criteria:
(a) having reached the age of 18 years,
b) possession of a valid driving licence to drive a passenger car, motorbike or moped, and
c) the driving licence has been issued by the Federal Republic of Germany or by another member state of the European Union, Switzerland, Liechtenstein, Norway, Great Britain or Iceland or has been accepted as an international driving licence in conjunction with the respective national driving licence, provided that these entitle the holder to drive a passenger car in the Federal Republic of Germany.
3. business territory
The business territory is the geographical area within the boundaries of which the rental of the rental vehicles can be started and ended. The current business areas can be viewed at any time on the ZOOM website.
GOVECS SHARING reserves the right to add or remove business areas at any time or to adjust the size/scope of a business area.
§ 4 Subject matter of the contract
1. subject matter
The subject of the business relationship between GOVECS SHARING and its customers according to these GTC Part 1 is the basic contract, which as a framework contract regulates the legal relationship between GOVECS SHARING and the customer with regard to the registration as well as the further basic services (such as e.g. driving licence verification).
Within the framework of the basic contract, GOVECS SHARING grants its customers access to the rental vehicles via a smartphone app (hereinafter the "ZOOM app"). Via the ZOOM app, the customer is shown an overview of all available rental vehicles in his area. The Customer can use the ZOOM App to make reservations for rental vehicles and to start and end the rental via a rental vehicle. A prerequisite for the use of the ZOOM app is that the customer logs in with the personal access data specified during registration. GOVECS SHARING only makes the ZOOM app available to customers for use and allows its customers to access it. Neither source code nor object code of the software will be made available to the customer. The Customer shall be given the opportunity to view his completed short-term rentals and journeys in the ZOOM App. The use of the app is free of charge for the customer. A sufficient internet connection is required to use the ZOOM app.
§ 5 Conclusion of contract, registration, registration fee
The basic contract between the customer and GOVECS SHARING is concluded through proper registration, initial driver's licence verification and activation of the customer.
The Customer registers for the use of ZOOM via the ZOOM app by completing the respective registration form using the instructions in the ZOOM app for registration. Registration is deemed to have been duly completed when the Customer has entered the required data in the registration form completely and correctly and has accepted the validity of these GTC Part 1 and the General Terms and Conditions for Vehicle Insurance issued by the German Insurance Association (GDV). By properly registering, the Customer simultaneously creates a customer account for the use of ZOOM. When registering, the customer himself sets personal access data (user name and password).
The driving licence verification is carried out by visual verification by a contractually bound service provider after the Customer has registered with ZOOM. Following the driver's licence verification, the customer will be activated by GOVECS SHARING for the use of ZOOM by e-mail, provided that he/she fulfils the requirements according to § 3 para. 2 (approved customers). The basic contract between the customer and GOVECS SHARING only comes into legal effect through the activation of the customer by GOVECS SHARING.
GOVECS SHARING charges a fee for the registration including the initial driver's licence verification. Billing takes place via the payment method selected by the customer during the registration process, for which the customer has also confirmed the right of disposal over this means of payment upon conclusion of the basic contract.
GOVECS SHARING uses a payment service provider for the settlement.
The customer must ensure that his means of payment has sufficient funds. If a payment cannot be honoured due to lack of funds or for other reasons for which the Customer is responsible, GOVECS SHARING may demand reimbursement from the Customer of the flat-rate expense fee in accordance with the ZOOM cost table. The Customer shall be entitled to prove that GOVECS SHARING has incurred no or only a lower expense. GOVECS SHARING shall be entitled to claim damages exceeding the lump sum from the customer upon corresponding proof. GOVECS SHARING may at any time assign its claims against the customer to third parties for the purpose of debt collection (collection service).
If the customer selects payment by means of a payment service provider during registration, the General Terms and Conditions of the selected payment service provider shall also apply.
GOVECS SHARING may refuse to activate a customer if there is reason to believe that the customer will not behave in accordance with the contract.
§ 6 Duties and rights of GOVECS SHARING
The following rights and obligations apply to GOVECS SHARING. 1:
1. GOVECS SHARING will inform the Customer about significant further developments and promotions in connection with ZOOM. The customer may object to this at any time without incurring any costs other than the transmission costs according to the basic telecommunications rates.
GOVECS SHARING is entitled to make technical and content-related changes to the ZOOM app at any time.
GOVECS SHARING, however, is not obliged to provide the ZOOM app for all available end devices.
GOVECS SHARING reserves the right to demand the renewal of the driving licence verification from the customer at intervals of 6 months. If the customer does not comply with GOVECS SHARING's demand, GOVECS SHARING reserves the right to block the customer's account at any time until the customer has duly completed the driver's licence verification.
5 In the event of a breach of a rental ban by the customer in accordance with the GTC Part 2 § 8, GOVECS SHARING is entitled to terminate the basic contract with the customer.
§ 7 Obligations of the customers
The following obligations of the customer apply for the entire duration of the basic contract with GOVECS SHARING.
When registering, the customer expressly assures GOVECS SHARING that all data provided (in particular, but not exclusively: name, full address, date of birth, e-mail address, mobile phone number, payment method, account details or credit card details) are true and complete.
The customer undertakes to notify GOVECS SHARING in writing without delay of any changes or additions to his/her data and to amend the same.
If the customer violates the aforementioned information obligations, GOVECS SHARING and the operators - insofar as their individual rental contract is affected - are entitled to charge the customer with the additional expenses incurred as a result.
The customer is not permitted to pass on his personal login data (user name and password) to third parties. He is also not permitted to provide a third party with access to his customer account.
The customer is prohibited from reading, copying or manipulating the access medium using information technology methods or similar methods or even attempting to do so. If the customer violates this obligation, GOVECS SHARING is entitled to terminate the basic contract extraordinarily.
The customer is obliged to immediately comply with a request by GOVECS SHARING for renewed driver's licence verification.
If the customer violates one of the aforementioned obligations, he/she shall compensate GOVECS SHARING for the damages incurred as a result.
§ 8 Term, termination and blocking of the basic contract
The basic contract is concluded for an indefinite period and may be terminated in writing by either party with 6 weeks' notice to the end of the month.
The right to extraordinary termination of the basic contract shall be reserved for the parties in accordance with the statutory provisions, unless additional or deviating provisions have been agreed in the GTC Part 1.
§ 9 SCHUFA clause, credit assessment
GOVECS SHARING reserves the right to provide SCHUFA Holding AG ("SCHUFA") or a rating company with data on the commencement and termination of the basic contract and to obtain information about the customer from them. GOVECS SHARING reserves the right not to enter into a basic contract in the event of negative information.
Part 2 Individual rental agreement
§ 1 Scope of GTC Part 2
These GTC Part 2 apply to the ZOOM offer. They regulate the individual rental contract between the customer and the respective operator in a business area for the use of a rental vehicle. They shall apply exclusively unless the Operator, by way of exception, expressly agrees in writing or in text form to any change requests of the Customer that contradict or deviate from these GTC Part 2.
In addition to these GTC Part 2, the Operator may provide for supplementary terms and conditions for the use of its vehicles within the framework of ZOOM, which it must, however, make known to the Customer prior to the conclusion of the contract via the ZOOM app or the Zoom website.
§ 2 Right to amend the GTC Part 2
The Operator is entitled to amend or supplement these GTC Part 2 for the future at any time, unless this is unreasonable for the Customers. For this purpose, GOVECS SHARING, on behalf of the Operator, shall notify the Customers in good time of the changes by correspondence or e-mail and publish them on the website of ZOOM (https://zoom-sharing.de/en/terms-and-conditions/).
If the customer does not object to the amendments to the GTC Part 2 within one month after notification, the amended GTC Part 2 shall be deemed accepted by the customer. In the notification, the customer shall be expressly informed of his right of objection and the significance of the objection period. In the event of the Client objecting to the amendment or supplement to the GTC Part 2, the Operator shall be entitled to block the Client from concluding individual rental agreements.
§ 3 Subject matter of the contract
The respective operator offers the customers of GOVECS SHARING the use of rental vehicles against payment within the basic contract for each business area. The customer can rent any rental vehicle via the ZOOM app through individual rental contracts on the basis of the basic contract and these GTC Part 2, provided that the rental vehicle is available.
The Customer can view which rental vehicles are available in the respective business area at the time of the desired rental in the ZOOM App. A rental vehicle is available if it is not reserved or rented by another customer and technical or operational reasons do not prevent a rental. The operator does not give a guarantee of availability. If no rental vehicle is available for use, the customer has no right to be provided with a rental vehicle by the operator. In such cases, the customer must wait for the next available rental vehicle.
The rental of rental vehicles is possible during the entire calendar year. However, the operator reserves the right to restrict or completely exclude the use of rental vehicles (e.g. due to weather conditions).
§ 4 Conclusion of individual rental contract
The rental agreement for the use of a rental vehicle is concluded by the Customer initiating the rental process in the ZOOM app and the on-board computer of the rental vehicle enabling access to the helmet box. The customer cannot revoke his declaration of intent to conclude the individual rental contract.
The prices and fees valid at the time of conclusion of the individual rental contract apply, as they can be viewed in the ZOOM App for each rental vehicle as well as on the ZOOM website in the relevant business area and are accepted by the Customer at the time of conclusion of the individual rental contract.
The Customer may only rent a maximum of one rental vehicle at a time by individual rental agreement.
§ 5 Rental period
1. rental period/use options
The rental period within the framework of an individual rental agreement is limited to the specified remaining capacity of the battery of the rental vehicle (for more details, see www.zoom-sharing.de/faq). The rental period begins with the conclusion of the individual rental agreement in accordance with § 4 of the General Terms and Conditions Part 2. As long as the battery of the rental vehicle still has a charge level sufficient for the journey, the customer can determine the further duration of the journey himself/herself. As soon as the battery of the rental vehicle is empty, the customer's individual rental agreement entitlement to use the vehicle ends and the customer is obliged to return the rental vehicle in accordance with these GTC Part 2 (in particular § 6). The charging status is displayed to the Customer in the speedometer area of the rental vehicle and in the ZOOM app. The operator points out to the customer that proper return is still possible even if the battery of the rental vehicle is shown as empty.
2. reservation within the individual rental
Customers can reserve available rental vehicles free of charge. The maximum reservation time is currently 15 minutes.
3. Charging the batteries
The operator expressly points out to the customer that the operator will not replace or charge an empty battery during the rental period. The customer is also not entitled to physically access the battery of a rental vehicle and replace or charge it. The operator will restore the readiness of the rental vehicle to drive after the end of the individual rental contract.
4. inspection of the rental vehicle before the start of the journey
The customer must satisfy himself/herself of the roadworthiness and operational safety of the rental vehicle before the start of the journey, in particular by visually inspecting the tyres. If the road safety or roadworthiness of a rental vehicle is not guaranteed, the customer is not entitled to use the rental vehicle. The Customer shall report any visible damage or defects to the Rental Vehicle to the Operator via the support website (support.govecs.com) or via the service telephone number before the start of the journey. If the customer does not report any defects or damage, the operator may assume that the rental vehicle was visually and technically flawless at the start of the rental unless the operator has knowledge to the contrary.
The customer is not entitled to make any unauthorised changes of any kind to the rental vehicle.
5. during the journey
The Client must carry his/her valid driving licence with him/her on each journey and comply with all conditions contained in the driving licence.
In the interest of all other customers, the environment and the general public, the customer must ensure a safe driving style and comply with the road traffic regulations. The customer shall handle the rental vehicle with care and not grossly soil the seat and helmet.
The customer shall park the rental vehicle only in permitted areas. The customer may only terminate the rental on these areas.
At the request of GOVECS SHARING and the operator, the customer must inform GOVECS SHARING of the exact location of the vehicle at any time and allow the vehicle to be inspected. This applies in particular to a rental period of more than 24 hours.
Should the customer be outside the ZOOM business territory during the journey with a rental vehicle, he is obliged to ensure himself that the proper return of the rental vehicle and the termination of the individual rental contract are initiated in good time. The return of the rental vehicle is only possible within the business territory.
In the event of defects, technical faults or other faults affecting the use of the rental vehicle in accordance with the rental agreement, the customer must inform the operator immediately by telephone. The same applies if a third party claims a right to the item.
The customer is obliged to park the rental vehicle properly and in accordance with traffic and regulatory regulations only in a parking space of the public traffic area (this also includes chargeable public parking areas as long as a valid parking permit exists). Vehicles must always be parked in such a way that other road users are not restricted or hindered as a result.
In addition, parking of the rental vehicles for the end of the rental on disabled parking spaces, stopping and parking prohibitions, taxi parking spaces as well as private property and private parking areas (e.g. multi-storey car parks, supermarket parking spaces and similar parking zones with special use) is not permitted.
The customer is only permitted to park a rental vehicle in areas with a day- or time-related restriction on parking authorisation (e.g. no-stopping zones with additional signs such as "07:00 to 14:00" or "10.10.2020 to 15.10.2020 from 8:00 to 19:00") if the restriction on parking authorisation does not take effect until 72 hours after the rental vehicle has been parked. This also applies to parking bans that have already been ordered but are not yet valid in terms of time (e.g. "due to construction work").
In the event of a culpable breach of the provisions of these parking rules by the customer, the customer shall bear any fines and towing costs.
7. Return of the rental vehicle
The vehicle must be returned properly at the end of the journey.
The vehicle shall be deemed to have been properly returned if
1. the rented vehicle has been parked within the business area defined for this rented vehicle, in a permissible place (see § 5 section 6.),
2. both helmets and (if applicable the vehicle key) have been deposited in the helmet box in the holder provided,
3. the helmet box has been properly locked,
4. a mobile phone connection can be established at the location where the rental vehicle is returned, and
5. the end of the rental has been confirmed by app pop-up or email notification.
In the event of improper return, the operator reserves the right to claim the resulting damage from the customer (e.g. costs incurred by re-parking the rental vehicle).
The customer is not entitled to remove objects belonging to the vehicle equipment from or out of the rental vehicle beyond the time of return. This may include the keys of the rental vehicle with attached RFID chip, helmets, hygiene bonnets and cleaning cloths.
The customer must ensure that the rental vehicle is accessible to other ZOOM customers at all times after it has been returned. If this is only made possible by the operator re-parking the vehicle and the customer is at fault, the customer must pay the operator a lump-sum expense allowance in accordance with the ZOOM cost table. The Customer is entitled to prove that the Operator has incurred no or only minor expenses. The Operator shall be entitled, upon corresponding proof, to claim damages from the Customer in excess of the lump-sum expense allowance.
8. Accident, theft, destruction or other damage
After an accident, theft, fire, damage caused by game or other destruction of or damage to the rental vehicle or with the rental vehicle ("damage event"), the customer is obliged to call the police immediately if a third party is involved in the event as the injured party or possible (co-)perpetrator or if third-party property other than the rental vehicle has been damaged.
The police and/or fire brigade must be informed that the rented vehicle is an electric vehicle.
In the case of damage events involving third parties, the customer may only make an admission of guilt with the prior consent of the operator.
The customer is obliged to first inform the operator immediately by telephone of the damage incurred and subsequently to inform the operator of all details in writing in all points completely and carefully. The written notification by the customer must be made no later than seven days after the damage event. If no notification of damage is received by the operator within this period and if the customer is responsible for this, the accident may not be processed by the insurance company and the operator reserves the right to demand compensation from the customer for all accident-related costs and damages.
In the event of a damage event culpably caused by the customer outside the defined business territory, the customer shall bear all costs incurred by a return transport of the rental vehicle back to the business territory after repairs have been carried out. The Operator may charge the Customer a lump-sum expense fee in accordance with the ZOOM cost table for the expenses associated with the handling of damage in the event of a damage event caused by the Customer. The customer reserves the right to prove that the operator has incurred no or less expense. The Operator reserves the right, upon corresponding proof, to assert a claim against the Customer for damages in excess of the flat-rate expense.
In the event of a damage event, the individual rental contract shall only be terminated after proper return within the meaning of § 6 of these GTC Part 2. If the rental vehicle is no longer roadworthy or roadworthy due to the damaging event, the individual rental contract shall end after contacting and further agreeing with the operator.
The customer may only leave the scene of the damage once any police investigation has been completed and the rental vehicle has been handed over to a towing company or parked as agreed with the operator. Continuation of the journey is only permitted with the express permission of the operator.
The customer's obligations under this Section 8. shall not apply if the customer, as a party involved in the accident, absents himself or herself from the scene of the accident with justification or excuse due to accident-related injuries. In this case, the customer is obliged to comply with his obligations under this section as soon as his condition permits.
The choice of repair shop is the sole responsibility of the operator.
9. deployment of a technician if necessary
If the customer causes a technician to be deployed by GOVECS SHARING or the operator due to improper operation of the rental vehicle or the access technology on the rental vehicle, he/she must pay GOVECS SHARING or the operator the flat-rate expense fee in accordance with the ZOOM cost table. The customer shall be entitled to prove that no or only minor expenses were incurred. GOVECS SHARING or the operator reserves the right to demand compensation from the customer for any damage exceeding the lump sum.
§ 6 End of individual rental contracts
An individual rental agreement is terminated when the rental vehicle has been properly returned in accordance with § 5 Section 7. of the GTC Part 2 and the customer terminates the rental via the ZOOM app.
§ 7 Billing
A journey is invoiced according to the actual rental time. Each commenced minute is evaluated and billed by the system as a full minute.The minimum billed amount is 0,50€.
The Customer will be invoiced for the usage fee and any additional costs incurred in accordance with the ZOOM cost table (hereinafter collectively referred to as the "Fee"). All fees are in Euro and include the applicable statutory value added tax. Deviating price and fee information that may be loaded from intermediate storage (e.g. browser cache, proxies, etc.) is non-binding.
The fee shall become due upon termination of the rental and shall be duly invoiced to the customer. The invoice will be sent by e-mail no later than 32 days after termination of the individual rental contract.
Invoicing of the fee shall be carried out by GOVECS SHARING on a service-providing basis, whereby GOVECS SHARING is entitled to cooperate with payment service providers. In this context, the operator shall provide GOVECS SHARING with the data from the rental agreement required for billing.
Billing is carried out via the payment method selected by the customer during the registration process, for which the customer has also confirmed the right of disposal over this means of payment upon conclusion of the basic contract.
The customer must ensure that his means of payment has sufficient funds. If a payment cannot be honoured for lack of funds or for other reasons for which the Customer is responsible, the Operator may demand reimbursement from the Customer of the flat-rate expense fee in accordance with the ZOOM cost table. The Customer is entitled to prove that the Operator has incurred no or only minor expenses. The Operator shall be entitled to claim damages from the Customer in excess of the lump-sum expense allowance upon corresponding proof. The Operator may at any time assign its claims against the Customer to third parties for the purpose of debt collection (collection service).
The Operator points out at this point that if the customer has chosen payment by means of a payment service provider within the framework of his basic contract with GOVECS SHARING, the latter's General Terms and Conditions also apply.
Changes in prices and fees
The Operator reserves the right to make changes to the ZOOM cost table at any time. The changes become effective when the Customer accepts the amended ZOOM cost table upon conclusion of an individual rental agreement.
If the Customer breaches its obligations under § 7 Part 1, the Operator - insofar as their individual rental agreement is affected - is entitled to charge the Customer for the additional expenses incurred as a result.
§ 8 Prohibited uses
The customer is prohibited from
1. driving a rental vehicle under the influence of alcohol, drugs or medication that could impair the ability to drive. A strict ban on alcohol applies, i.e. the blood alcohol level must be 0.0‰;
2. to use a rental vehicle if the client is not in full possession of his or her faculties;
3. use a hired vehicle for off-road driving, motor sport events, racing of any kind, vehicle testing, driver training or for the commercial transport of passengers;
4. to use a hired vehicle to transport objects or substances which, because of their nature, size, shape or weight, could affect driving safety;
5. use a hired vehicle to commit a criminal offence;
6. to use the hired vehicle to transport highly flammable, toxic or other dangerous substances;
7. transport more than two persons (including the customer) in the hired vehicle;
8. transport children in the hired vehicle if they are neither tall enough to reach the footrests nor strong enough to hold on to the driver;
9. take the hired vehicle on journeys abroad.
In the event of a breach by the customer of any of the above prohibitions on use, the operator is entitled to terminate both the individual rental contract and the basic contract with the customer. The operator expressly reserves the right to assert claims for damages. Claims for compensation by the customer are excluded.
§ 9 Fines procedure
The customer shall be fully liable for all violations of laws/rules committed by him/her during the rental period. These include, but are not limited to, violations of traffic and regulatory regulations (traffic rules) and, if applicable, prohibitions ordered by the owner of an area (in particular parking areas) (protection of property).
By concluding the individual rental agreement, the customer undertakes to indemnify the operator against all fines/warnings, fees, costs, procedural costs and other expenses demanded by the authorities or other third parties from the operator on account of violations of laws/regulations by the customer. Possible costs for the administrative effort to process such claims (e.g. processing of enquiries and further correspondence for settlement) will be charged to the customer in the amount of the flat-rate expense according to the ZOOM cost table per case. The customer is entitled to prove that the operator has incurred no or less expense. The Operator reserves the right to demand compensation from the Customer for damages exceeding the flat-rate expense allowance.
§ 10 Insurance, deductible
All rental vehicles are covered by third party liability insurance. In addition, comprehensive insurance including partial cover (hereinafter "comprehensive insurance") exists for the benefit of the customer.
Furthermore, for damage caused by the customer to the rental vehicle or to a third party with or without the involvement of a third party, there is a limitation of liability in favour of the customer such that the customer is only obliged to pay the excess in the event of damage according to the ZOOM cost table. The deductible can be found in the FAQs on the ZOOM homepage. The customer must only pay the deductible up to the amount of the damage actually incurred.
Para. 2: Exclusion of the limitation of liability to the deductible of the comprehensive insurance.
Unless otherwise provided for in these GTC, the limitation of liability pursuant to para.1 shall exclude in particular such damage caused by improper handling and/or operation of the rental vehicle by the customer (e.g. by ignoring warning lights or by cargo). For damage caused intentionally by the customer, there is no insurance cover and no limitation of the customer's liability to the deductible. The customer shall be liable to the operator without limitation for damage caused intentionally. The same applies in the event that the insurance cover of the comprehensive insurance lapses due to grossly negligent behaviour on the part of the customer.
Unless otherwise stipulated in these General Terms and Conditions, the General Terms and Conditions for Vehicle Insurance issued by the German Insurance Association (GDV), which the Customer accepted upon registration, shall apply to the insurance policies and the limitation of liability pursuant to Paragraph 1. If insurance companies or third parties make payments to the operator in the event of damage, the operator will offset these payments against the customer's damage compensation obligations.
Part 3 General regulations
The following regulations concern both the basic contract between the customer and GOVECS SHARING and the individual rental contract between the customer and the respective operator.
§ 1 Liability of GOVECS SHARING and the Operator
The following limitation of liability applies on the one hand to GOVECS SHARING as the contractual partner of the customer in the basic contract and on the other hand to the operator as the contractual partner of the customer in the individual rental contract. Both contractual partners of the customer are hereinafter summarised as "contractual partners", whereby no joint liability shall be established.
1. Scope of liability and limitation of liability
The contractual partner of the customer shall be liable without limitation in accordance with the statutory provisions in the event of injury to life, limb or health or arising from the breach of material contractual obligations towards the customer (obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the customer regularly relies on and may rely on) as well as for other damage resulting from an intentional or grossly negligent breach of duty on the part of the contractual partner of the customer, its legal representatives or vicarious agents or from a guarantee assumed by the contractual partner of the customer. In all other respects, liability is excluded.
In the event of a breach of material contractual obligations, the contractual partner of the customer shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages arising from injury to life, limb or health.
2. employees of the contractual partner
The restrictions according to GTC Part 3 §1 1. also apply in favour of the legal representatives and vicarious agents of the contractual partner of the customer if claims are asserted directly against them.
3. product liability law
The provisions of the Product Liability Act shall remain unaffected.
§ 2 Liability of the customer
The customer is liable in accordance with the statutory regulations, unless otherwise regulated in parts 1 and 2 of the GTC.
§ 3 Blocking of the customer
Instead of extraordinary termination, GOVECS SHARING and the operator are also entitled to block the customer from further rentals for good cause.
This applies in particular as long as not insignificant claims from a (different) operator have not yet been settled despite unsuccessful warnings from previous rentals, in the event of the customer's lack of cooperation in the clarification of damage events in connection with ZOOM, in the event of the customer blocking a rental vehicle by repeatedly reserving it without renting it from a (different) operator or in the event of the customer breaching essential contractual obligations.
§ 4 Offsetting and transferability of rights
Offsetting with counterclaims by the customer is excluded, unless it relates to counterclaims recognised by GOVECS SHARING or the operator, undisputed or legally established. The customer may not transfer the rights and obligations from the basic contract and individual rental agreement to a third party.
§ 5 Online dispute resolution, arbitration
The European Commission provides a platform for online dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations of online service contracts. The internet platform for online dispute resolution can be reached at:
Our e-mail address is: email@example.com
GOVECS SHARING and its partner companies are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and have decided against voluntary participation in such proceedings.
§ 6 Place of jurisdiction
If the customer as a consumer does not have his general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this legal relationship shall be the court responsible for the operator's place of business.