General terms & conditions
A. GENERAL TERMS AND CONDITIONS ("GTC")
Status: This version will be valid as of 11/08/2025.
1. Subject Matter
1.1 These General Terms and Conditions ("GTC") govern the business relationship between MILES Mobility GmbH ("MILES") and ("Customers") who use services provided by MILES as part of the registration of a user account ("User Agreement") and/or purchase and use a supplementary subscription ("MILES Pass"). In addition, the General Rental Terms and Conditions ("GRTC") govern the business relationship between MILES or, where applicable, the local company affiliated with MILES ("Lessor") and Customers who rent vehicles ("Rental Agreement").1.2 Rental Agreements and subscriptions (MILES Pass) are governed by the GRTC. Regardless of this, the User Agreement is always concluded between the Customer and MILES. When concluding a Rental Agreement via a mobility platform operated by third parties (each a "Platform"), the terms of use and business conditions of the respective platform (each the "Platform Terms") shall additionally apply. The provisions of the GRTC shall apply to Rental Agreements in this case as well, without limitation.1.3 The General Terms and Conditions are supplemented by the "Price and Costs Regulation," which is available at https://miles-mobility.com/de/pricing/fees, as well as the "Tariff Overview," which is available at https://miles-mobility.com/de/pricing.1.4 The Customer is responsible for ensuring the mobile data connection for their device and shall bear all associated costs, including any consequential costs resulting from faulty data communication (e.g., no reception when terminating the Rental Agreement).1.5 If no specific contact method is specified, the Customer may contact MILES or the Lessor via any of the provided contact options (e.g., the service hotline, a chatbot, or the email address stored in the MILES app).1.6 Further information about MILES and the services provided by MILES, as well as about conduct in the event of accidents, can be found in the FAQ at https://support.miles-mobility.com/hc/de/categories/360002670840-FAQs.
2. Registration, User Agreement
2.1 The registration by the Customer is carried out via the MILES App.2.2 The User Agreement between the Customer and MILES is concluded when the Customer enters the required data during the registration process, confirms these General Terms and Conditions, and clicks on the activation link sent by MILES. Alternatively, the Customer may conclude the User Agreement via the registration process through a third-party provider approved by MILES (e.g., PayPal) by linking the relevant third-party account with MILES. In the case of registration via an approved third-party provider, the third-party login credentials (e.g., PayPal login credentials) also serve as the MILES access credentials. In the case of registration via an approved third-party provider, the terms of use and business conditions of the respective third-party provider (each, the "Third-Party Terms") shall additionally apply.2.3 There is no entitlement to the conclusion of a User Agreement. MILES reserves the right to reject a registration, particularly if there are indications of conduct in breach of contract by the potential Customer.2.4 The Customer can only have one user account with MILES, even when registering via an approved third-party provider (e.g., PayPal). MILES reserves the right, in the event of multiple registrations or false information, to assert contractual penalties in accordance with the Price and Cost Regulation and/or to block the respective account. The assertion of further damages remains unaffected. Any forfeited contractual penalty will be offset against the corresponding claim for damages.2.5 The Customer must keep their access data and the PIN they choose to start the rental secure and separate, protect them from third parties, and select them in such a way that they cannot be easily guessed or copied. The PIN must not match the device PIN, and the password must not be used for other services—except in the case of registration via an approved third-party provider (e.g., PayPal), provided the password is used exclusively for the account of this third-party provider. The Customer is obliged to protect their user account so that no third party can gain access, and the device must be secured with a separate access restriction (e.g., Face ID, PIN, fingerprint). If this separate access restriction is missing, MILES may restrict the use of the MILES App or exclude the Customer. Two-factor authentication (2FA) is required to log in on a new device.2.6 If third parties obtain or misuse the access data, the PIN, or access to the user account or platform account, or if they thereby gain access to or control over a vehicle belonging to MILES, the Customer is obliged to inform MILES without delay and to provide a detailed account of the incident. Proof of a police report alone is not sufficient.2.7 If the Customer culpably breaches their duty of care in handling access data, PIN, or in connection with unauthorized access to or use of a MILES vehicle, they shall be liable under the statutory provisions for all resulting damages, in particular if this enables theft, damage, or misuse of a vehicle.2.8 The Customer is obliged to inform MILES immediately of any changes to their data (name, address, email address, mobile phone number, means of payment, driver's license, and identity card). If the Customer culpably fails to do so, they shall be liable for damages and consequential damages resulting from outdated or incorrect data.2.9 The User Agreement is concluded for an indefinite period and may be terminated by either party in text form (e.g., letter, email) or via the options available in the MILES App. MILES will issue an ordinary termination with two weeks notice to the end of the month.2.10 The right of the contracting parties to extraordinary termination of the User Agreement remains unaffected. In particular, MILES may terminate without notice and exclude the Customer from entering into a new User Agreement if the Customera) provided incorrect information or concealed facts during registration, verification, or during the term of the User Agreement, and MILES can therefore no longer reasonably be expected to continue the contract,b) fails to refrain from serious violations of the contractual relationship with MILES or does not immediately remedy the consequences of such violations that have already occurred,c) has committed a breach of contract that is subject to a contractual penalty under these GTC or the GRTC, in particular violations of the prohibitions in Sections 2.1, 2.2, and 2.3 of the GRTC.2.11 After termination of the contract, MILES stores relevant data from the user account (in particular regarding the Rental Agreements) for the purposes of billing, handling possible official or criminal charges or investigations, and/or statutory retention periods for at least 24 months after the end of the respective Rental Agreement.
3. Right of Use, Driving License, Verification
3.1 Only natural persons are entitled as Customers to use the services and, in particular, to reserve vehicles under the GRTC and/or to conclude a Rental Agreement, whoa) have entered into a valid User Agreement, have an activated user account and successfully completed the verification process in accordance with Section 3.2 of the GTC and have the MILES App with the current software version installed on their device, orb) can conclude Rental Agreements with the Lessor via a platformas well as in both alternativesc) have reached the age of 18 (when booking via a platform, the conclusion of a Rental Agreement by novice drivers may be excluded),d) be in possession of a driving licence required for the respective vehicle and valid in the country of rental, which is permanently recognised there (i.e. driving licences with temporal or territorial restrictions are not accepted), ande) have a registered address in the country of the Rental Agreement or in another Member State of the European Union.3.2 The Customer must verify their identity and driving license in accordance with the verification process specified by MILES. MILES is entitled at any time to request the Customer to undergo a renewed verification.3.3 The authorization to enter into a Rental Agreement expires if the Customer’s required driving license is revoked, or if their driver’s license is temporarily confiscated or impounded, or if the Customer’s driver’s license has expired. For the duration of a driving ban imposed by a court or authority, the corresponding authorization of the Customer is suspended. In the event of a restriction of the driving license, MILES reserves the right to revoke the authorization to enter into a Rental Agreement.3.4 The Customer must immediately notify MILES of the revocation or restriction of their driving license, the effectiveness of a driving ban, or a temporary seizure or confiscation of their driving license.3.5 MILES reserves the right to block a user account and/or the authorization to conclude a Rental Agreement at any time. This applies in particular in cases of breaches of contract by the Customer towards MILES or the Lessor, for example in the case of payment default or violations of obligations that are subject to a contractual penalty. Furthermore, the conclusion of Rental Agreements may be blocked if the User Agreement has been terminated or if grounds for termination exist in accordance with Section 2.11 of the General Terms and Conditions. Such measures will be communicated to the Customer by email and/or by post.
4. MILES Passes
4.1 The use of a MILES Pass requires a fully registered user account within the User Agreement.4.2 By confirming the booking and the linked contractual terms, the purchaser of the MILES Pass submits a binding offer to purchase the respective MILES Pass. The contract is concluded once MILES confirms acceptance via email.4.3 The fee for the MILES Pass is due immediately and cannot be paid using any existing credit with MILES ("MILES credit").4.4 The discounts granted by the purchase of the respective MILES Pass apply exclusively to the prices and invoice items expressly stated in the booking for rentals via the MILES App during the booked term. Additional fees, such as airport fees or other additional costs, are not included unless expressly stated otherwise.4.5 The MILES credit granted through the purchase of the respective MILES Pass is valid exclusively for rentals via the MILES App for the period specified in the booking process of the MILES Pass. The MILES credit is granted in accordance with the Tariff Overview.4.6 The MILES Pass and any discounts do not apply to Rental Agreements concluded with a Lessor other than MILES or via a platform.4.7 Different MILES Passes cannot be combined at the same time. Furthermore, a MILES Pass cannot be combined with other discounts or special offers, unless expressly permitted by MILES.4.8 A MILES Pass that has been assigned to a user account once cannot be transferred to other Customers.4.9 The minimum contractual period of a MILES Pass is displayed during the booking process. The period begins on the day the contract is concluded.4.10 The MILES Pass will automatically renew for the respective minimum term unless it is terminated by either party before the end of the current term, or unless otherwise expressly agreed at the time of conclusion. Customers using a free trial period will not receive an automatic renewal. The Pass will expire at the end of the trial period unless the Customer actively renews it for a fee.4.11 If the user account is (temporarily) suspended, the MILES Pass cannot be used during this time. Refunds are excluded unless the Customer is not responsible for the suspension. If the MILES Pass term ends during the suspension, it will not be automatically renewed.4.12 In the event of termination of the user account – whether ordinary or extraordinary – the MILES Pass will not be automatically renewed. A refund of the fee for a MILES Pass whose term extends beyond the end of the user account is excluded, unless the Customer is not at fault for the termination of the user account. This applies in particular in the case of the Customer's own ordinary termination or an extraordinary termination by MILES for cause.
5. MILES credit
5.1 MILES credit that a customer has purchased or received is linked to their user account with MILES. Any credit related to a Rental Agreement concluded via a third-party platform is linked to the Renter’s account on that platform. MILES credit or any other type of credit can only be used in connection with the account to which it has been assigned.5.2 MILES credit that was not received through the purchase of a MILES Pass is subject to the statutory limitation period. If the user agreement ends before the expiration of this period, any remaining paid credit will be refunded to the Customer.5.3 If the Customer has not paid for MILES credit (e.g. if the credit was granted as part of a MILES promotional campaign), the validity period depends on the reason for which it was granted. This period will be communicated to the customer either at the time of allocation or within the MILES app. If the User Agreement ends before the validity period expires, such unpaid credit will expire. For any credit issued via a third-party platform, the platform’s terms and conditions apply.5.4 The MILES credit will be granted in accordance with the Tariff Overview.
6. Use of Customer Data
6.1 Insofar as a company affiliated with MILES acts as the Lessor, it and MILES exchange Customer data for the provision of integrated services within the framework of the User Agreement and the Rental Agreement.6.2 The individual rental transactions are recorded by MILES via GPS with the start and end location, start and end time, and duration of use, and are listed in the invoice that the Lessor issues under the GRTC.6.3 MILES and the Lessor process the personal data of the Customer provided in the user account as well as the Customer's usage and vehicle data (including data regarding the location of the vehicle and the GPS-generated track data for each rental) in order to provide the individual functions in the MILES App, to render services, to execute the Rental Agreement, and to comply with legal requirements, in particular for the purpose of proving and pursuing violations of the General Terms and Conditions, the Rental Terms and Conditions, or criminal and administrative offenses, as well as to provide an efficient and optimized service offering. This also applies to data transmitted by a platform to MILES or the Lessor for these purposes. Furthermore, this also applies to the location and movement data of the respective Customer's mobile device. The vehicles may be equipped with functionalities that enable MILES to process location data as well as information about the vehicle's condition (locking status, speed, smoke development, and other sensor data).6.4 MILES is entitled to contact the Customer/Renter when there is a specific reason, in particular in the case of disruptions, unusual events or aggresive driving behaviour, by telephone or in text form, e.g. by email, WhatsApp or push notification, for example to determine the cause of a disruption; a Lessor or a platform involved in the processing of a Rental Agreement is also entitled to do so.
7. Liability of MILES
7.1 MILES shall only be liable to the Customer in cases of intent or gross negligence, in accordance with applicable statutory provisions. In all other cases, MILES shall be liable for culpable breaches of essential contractual obligations, but only to the extent of typical and foreseeable damages at the time the contract was concluded. Essential contractual obligations are those that are necessary for the proper performance of the agreement and on which the Customer regularly relies and is entitled to rely. These provisions also apply for the benefit of MILES’s legal representatives and vicarious agents.7.2 The above limitations of liability do not apply in cases of injury to life, body, or health, in cases of fraudulent concealment of a defect, the assumption of a guarantee or procurement risk, or liability under the Product Liability Act.
8. Liability of the Customer
Subject to the special provisions regarding the liability of the Customer under these GTC and the GRTC, the Customer shall be liable in accordance with the statutory provisions.
9. Amendments to the Terms and Conditions
9.1 MILES reserves the right to amend the General Terms and Conditions and the Price and Costs Regulation as well as the Tariff Overview at any time with effect for the future, provided that the changes are reasonable for the Customer.9.2 Changes to the General Terms and Conditions will be communicated to the Customer in an appropriate manner one month prior to their entry into force. The changes shall be deemed approved and binding for an existing contractual relationship upon their entry into force, unless the Customer objects in writing or by email. The Customer will be specifically informed of this consequence by MILES when the changes are announced. The Customer's objection must be sent to MILES within two weeks of the announcement of the changes. In the event of a timely objection, MILES is entitled to terminate the User Agreement in accordance with the provisions of Section 2.10 of the General Terms and Conditions.
10. General Provisions and Jurisdiction
10.1 The business relationship between MILES and the Customer is governed by German law. If the Customer, as a consumer, has their habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law stipulated in these General Terms and Conditions.10.2 For all present and future claims arising from the business relationship with Customers who are not consumers, the exclusive place of jurisdiction is Berlin. The same applies if the Customer does not have a general place of jurisdiction in Germany, relocates their residence abroad after conclusion of the contract, or if their residence or usual place of abode is unknown at the time the action is brought. Statutory mandatory places of jurisdiction remain unaffected.10.3 If one or more provisions of these General Terms and Conditions are invalid, void, or unenforceable, this shall not affect the validity of the contract in its remaining provisions. The same applies if and to the extent that it should be found that this contract contains a regulatory gap.10.4 We are neither obliged nor willing to participate in a dispute resolution procedure before a Consumer Arbitration Board.
11. Right of Withdrawal for User Agreement and/or MILES Pass
Customers who are consumers are entitled to a right of withdrawal with regard to the user contract and/or the MILES Pass under the following conditions:
12. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reasons. The withdrawal period is fourteen days from the date of conclusion of the contract.This contract is concluded exclusively by means of distance communication. It is therefore subject to the statutory provisions for distance contracts pursuant to Section 312c of the German Civil Code (BGB) in conjunction with Article 246a of the Introductory Act to the German Civil Code (EGBGB), which generally grant consumers a right of withdrawal.To exercise your right of withdrawal, you must inform us (MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin, telephone number: +49 (0) 30 83 799 699, email address: hello@miles-mobility.com of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.
13. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the service already provided up to the point at which you inform us of your exercise of the right of withdrawal with respect to this contract, in comparison to the total scope of the service provided for in the contract.
14. Expiry of the right of withdrawal
Your right of withdrawal as a Customer expires prematurely if:
- In the event of the conclusion of the User Agreement: MILES has fully performed the verification service and has only begun to do so after the Customer has given their explicit consent and at the same time confirmed their awareness that they lose their right of withdrawal upon full performance of the User Agreement by MILES.
- In the event of the purchase of a MILES Pass: MILES has commenced the provision of services using the MILES Pass and the Customer has expressly agreed that the service will begin before the expiry of the withdrawal period, and at the same time has confirmed their awareness that they will lose their right of withdrawal upon complete fulfillment of the service.
15. Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)– To MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin, email address: hello@miles-mobility.com:– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)– Ordered on (*)/received on (*)– Name of the consumer(s)– Address of the consumer(s)– Signature of the consumer(s) (only if notification is on paper)– Date(*) Delete as appropriate
