General Rental Terms & Conditions
Valid as of 11/08/2025
1. Rental Agreements and Reservations
1.1 These General Rental Terms and Conditions (“GRTC”) govern the business relationship between MILES Mobility GmbH (“MILES”) as the Lessor and persons (“Renters”) who enter into a Rental Agreement in Germany or make a reservation for a vehicle – regardless of whether the Rental Agreement or reservation is concluded via the MILES App or via a platform operated by third parties (see Section 1.1 and Section 1.2 of the General Terms and Conditions). For Rental Agreements in other countries, the respective local rental terms and conditions of the Lessor apply. The General Terms and Conditions also apply in addition. In order to rent a vehicle via a platform, the respective platform terms and conditions apply in addition to these GRTC.1.2 These GRTC are supplemented by the currently applicable "Price and Costs Regulation" https://miles-mobility.com/de/pricing/fees as well as the "Tariff Overview" https://miles-mobility.com/de/pricing. The prices and costs as well as any fees and contractual penalties listed there at the time of rental or reservation shall apply. Renters who have booked a MILES Pass and conclude the Rental Agreement via the MILES App will receive, from the time of confirmed booking, the discounts anchored in the booked MILES Pass on the displayed prices. The prices are final prices, which include the statutory value-added tax applicable in each case.1.3 A Rental Agreement can be concluded via the MILES App or via a platform and its corresponding interface for vehicles within the business area. Renters with an existing User Agreement are also permitted to conclude Rental Agreements via a platform. There is no entitlement to a specific vehicle or to the conclusion of a Rental Agreement.1.4 "Business area" is the geographic zone whose boundaries define where a vehicle can be rented and returned.1.5 MILES is entitled to carry out a pre-authorization on the payment method provided by the Customer for the conclusion of a Rental Agreement via the MILES App, in order to secure payment. The amount of the authorization corresponds to the expected rental price plus a security reserve for any additional costs. The pre-authorization will be released no later than 30 days after the end of the rental, provided there are no outstanding claims. If a final charge is made, the Renter will be informed accordingly. Furthermore, MILES reserves the right to carry out a credit and/or fraud check prior to and during the rental period.1.6 A Renter may reserve a selected vehicle in order to subsequently rent it. MILES is entitled to refuse a reservation, in particular if there are not enough vehicles available to fulfil the reservation requests. If no Rental Agreement is concluded within the reservation period, the vehicle will be released again. MILES reserves the right to refuse multiple or consecutive reservations.1.7 A Rental Agreement is concluded when the Customer logs into their user account via the MILES App and opens the selected vehicle using the MILES App and PIN entry, opens it using another authentication method, or when the Renter proceeds via the corresponding application of the platform in accordance with the platform terms and conditions.1.8 The Renter must inspect the vehicle for damages before entering the vehicle and starting the engine and must inform MILES immediately if any new damages are detected. Damages already known can be viewed in the MILES app or the platform application. The Renter can inform MILES about the damages by phone, via the corresponding function in the MILES app, or in the platform application. The subsequent decision as to whether a vehicle is roadworthy or not is made exclusively by MILES after the new damage has been reported. The Customer is obliged to wait for this decision before starting the journey.1.9 The rental ends when the Renter has properly completed the rental process in accordance with Section 3 of the GRTC, or when MILES is entitled to terminate the rental in accordance with these GRTC and unilaterally ends the rental.1.10 The contracting parties have the right to extraordinary termination of a Rental Agreement. MILES may in particular terminate without notice if the Rentera) is in default with two due payments,b) provided false information or withheld facts during registration and verification or in the course of the contractual relationship with MILES, and for this reason it is unreasonable for MILES to continue the Rental Agreement,c) fails to cease serious breaches of the contractual relationship with MILES or fails to immediately remedy the consequences of such breaches that have already occurred,d) has committed a breach of contract that is subject to a contractual penalty under these GRTC or the GTC.1.11 If the User Agreement and/or a Rental Agreement has been extraordinarily terminated in accordance with Section 1.10 of these GRTC or Section 2.11 of the GTC, MILES is entitled to the immediate return of any vehicle used by the Renter. If the Renter does not return the vehicle without undue delay, MILES shall be entitled to repossess the vehicle at the Renter’s expense.1.12 The Renter is prohibited from renting or otherwise using a vehicle without authorization in accordance with Section 3 of the GTC. The Renter may not transfer a vehicle to third parties, including other Customers, or enable them to use it in any other way, in particular not to drive the vehicle, unless MILES has expressly granted individual permission for another driver to operate the vehicle during the rental period. In the event of violations of the aforementioned obligations, the Renter is obliged to pay a contractual penalty in accordance with the Price and Costs Regulation and is liable under statutory provisions for all resulting damages. The provisions regarding contractual penalties and flat-fees pursuant to Section 6 and liability pursuant to Section 8 of the GRTC apply.1.13 MILES reserves the right to temporarily or permanently exclude Renters from entering into a Rental Agreement or to restrict their usage rights. This applies in particular in the event of breaches of contract by the Renter, such as in the case of payment default, violations of obligations that are subject to a contractual penalty, or if grounds for termination pursuant to Section 1.10 of the GRTC or Section 2.11 of the GTC exist. Such measures will be communicated to the Renter by email and/or by post, provided that the Renter has entered into a User Agreement under the GTC.
2. Treatment and Use of a Vehicle
2.1 The Renter must treat the vehicle with care and diligence, ensure road safety before starting the journey, in particular by visually inspecting the tires, and, after parking, properly secure it against theft, especially by locking all windows, sunroof, convertible top, and doors. While participating in road traffic, the road traffic regulations must be observed. In case of any uncertainty regarding the use of the vehicle or if a warning light in the vehicle illuminates, the Renter must immediately stop the journey and contact MILES before continuing the journey in order to determine whether it may be continued. MILES, as the Lessor, assumes no liability for damages resulting from a breach of these obligations by the Renter. In the event of a breach of the aforementioned obligations by the Renter, the Renter shall be liable for all resulting damages in accordance with the statutory provisions. The liability provisions pursuant to Section 8 of the GRTC apply.2.2 The Renter is prohibited from using the vehicle for the following purposes:a) for motorsport, racing, or for achieving a maximum speed contrary to traffic regulations,b) for aggressive driving behaviour that repeatedly or significantly violates the road traffic regulations regarding due care—particularly in cases of serious traffic offenses such as repeatedly exceeding the permitted speed limit by a substantial margin, driving styles where the vehicle can no longer be safely controlled in light of road, traffic, or weather conditions, abrupt braking without cause, tailgating, or dangerous overtaking (e.g., cutting off other vehicles);c) for vehicle tests, driver safety training, driving off paved roads, or for drifting,d) for commercial passenger transport, other commercial carriage of persons, or for commercial transport (e.g. courier services),e) for subletting or for the Renter's advertising activities,f) for the commission of criminal offenses,g) for transporting flammable, toxic, or otherwise hazardous substances beyond quantities typical for household use,h) for the transport of items which, due to their shape, size, or weight, may impair driving safety or damage the interior of the vehicle, unless they are packaged and stored in such a way that they pose no danger,i) for towing trailers, vehicles or other objects,j) for the transport of animals, unless they are in a closed cage that is securely stowed in the trunk.2.3 Furthermore, the Renter is prohibited froma) to use the vehicle for trips outside Germany, unless MILES has expressly authorized a specific territory outside Germany,b) to operate the vehicle under the influence of alcohol (a blood alcohol limit of 0.0 ‰ applies), drugs, or medications that could impair driving ability,c) to transport children under 12 years of age or shorter than 150 cm if no suitable and age-appropriate approved restraint device (infant carrier, child seat, booster seat) is used for the child in compliance with all manufacturer's instructions for installation and removal,d) to transport more passengers than the number permitted by the vehicle registration,e) to grossly soil the vehicle or to leave behind any kind of waste,f) to smoke in the vehicle (including e-cigarettes or other liquid- and tobacco-based vaporizers), or to allow or tolerate passengers doing so;g) to use the vehicle as a place to stay without moving it (“vehicle blocking”), unless a traffic-related or exceptional situation makes this unavoidable (MILES considers a vehicle to be blocked if it takes more than 10 minutes to travel one kilometer);h) to carry out or arrange for repairs or modifications to the vehicle,i) to drive the vehicle into underground garages or parking structures not expressly approved by MILES, as well as to park or stop the vehicle in areas where stopping or parking is prohibited under the Road Traffic Regulations or in no-parking zones.2.4 A violation of Sections 2.2 or 2.3 of the GRTC or other serious breaches of duty, such as repeated violations of other provisions of the GRTC or GTC, entitle MILES to terminate the Rental Agreement without notice. Claims for compensation by the Renter are excluded in such cases. In the event of a violation of the prohibitions in Sections 2.2 and 2.3 of the GRTC, the Renter is obliged to pay a contractual penalty in accordance with the Price and Costs Regulation. In the event of a breach of the aforementioned obligations by the Renter, the Renter is generally liable under the statutory provisions for all resulting damages. The provisions regarding contractual penalties and flat fees pursuant to Section 6 as well as liability pursuant to Section 8 of the GRTC apply.2.5 MILES is entitled at any time to repossess the vehicle in coordination with the Renter, and the Renter is entitled to subsequently use another vehicle (replacement vehicle), provided a suitable replacement vehicle is available. If the vehicle is not roadworthy, no rental fee will be charged to the Renter.2.6 If the Renter causes a technician deployment due to improper operation of the vehicle or access technology, or by deliberately making a false report of a malfunction, the Renter will be charged a flat fee ("service trip") in accordance with the Price and Cost Regulation.2.7 It is not permitted to park the vehicle at a location where no mobile connection to the vehicle can be established, unless this is required due to special circumstances, traffic conditions, or another exceptional situation.
3. Termination of the Rental Agreement and Return of the Vehicle
3.1 The Renter may only terminate the Rental Agreement under the following conditions set out in Section 3 of the GRTC, in particular ifa) he and all other persons have left the vehicle, and all personal belongings have been taken,b) the vehicle has been properly locked (including windows, doors, trunk, and, if applicable, convertible top) and parked in an area authorized for return,c) the fuel or charge level meets the minimum requirements,d) the vehicle key – not applicable for Keyless-Go vehicles – has been deposited at the designated location, ande) the vehicle was parked in a proper condition.MILES may, to the extent technically possible, review these conditions before and upon termination of the rental.3.2 The Rental Agreement only ends when the Rentera) has successfully locked the vehicle via the MILES app or the corresponding application of the platform andb) the summary of the terminated lease is displayed to him.3.3 The Renter is obliged to ensure that the termination of the rental is fully completed before leaving the vehicle. In case of uncertainty, the Renter must contact MILES and await confirmation. The rental process can then also be terminated by MILES and ends with confirmation by MILES.3.4 MILES reserves the right to automatically initiate the end of the rental after the vehicle has been properly parked. MILES also reserves the right to initiate the end of the rental if the Rental Agreement can be terminated in accordance with Section 1.10 of the GRTC. In the event of such termination and conclusion of the rental, there is no entitlement to return transport or any other compensation claims.3.5 Until the rental has been effectively terminated, the use of the vehicle shall be remunerated in accordance with the Tariff Overview.3.6 The Renter is obligated to properly park the vehicle for the termination of the rental on an "area authorized for return"in compliance with all applicable regulations at that location. As a general rule, an area authorized for return is exclusively a permissible (subject to charges or free of charge) parking space within the business area and outside of no-parking zones, in accordance with the road traffic regulations. Furthermore, an area authorized for return also includes a parking space expressly designated by MILES as permissible on private property or in parking garages or underground garages of cooperation partners, provided that the applicable terms of use and instructions at that location are accepted and observed. Otherwise, it is prohibited to park the vehicle for the termination of the rental on other private or company premises, in particular on Customer parking lots of shopping centers and supermarkets or in underground garages, as well as on locked or barriered parking lots.3.7 The vehicle must be freely and ready to access by other persons at all times after the end of the rental period. If MILES need to relocate the vehicle or if a towing service is commissioned by a third party, the Renter is obliged to pay a flat fee in accordance with the Price and Costs Regulation. In the event of a culpable violation, the Renter shall also bear any fines, towing costs, storage fees, and/or parking fees in accordance with the Price and Costs Regulation.3.8 The Renter should only park the vehicle in areas with daily or time-based parking restrictions (e.g., no-parking zones with additional signs such as "7:00 a.m. to 5:00 p.m." or "Monday 6:00 a.m. to 12:00 p.m.") if these restrictions do not take effect until at least 48 hours after the vehicle has been parked. This also applies to traffic bans that have already been ordered but are not yet in effect (e.g., temporary parking or stopping bans due to events or parades). In the event of a culpable violation of these obligations, the Renter shall bear any fines or towing costs in accordance with the Price and Costs Regulation.3.9 The vehicle must be in proper condition at the end of the rental period. This includes, in particular:a) Interior: The vehicle must not show any significant contamination, such as vomit, heavy stains, large amounts of sand, mud, animal hair, or unpleasant odors due to smoke or spoiled food or waste, which would require cleaning.b) Securing the vehicle: All windows, doors, and the sunroof must be closed, the parking brake must be applied, the steering wheel lock activated, and the lights turned off.c) Completeness of documents: All documents and accessories provided, in particular if a vehicle key for the vehicle is available, must be returned. If documents or accessories are missing, the Renter is obliged to submit them without delay.In the event of a breach of the return obligation or due to severe soiling, MILES can charge a flat fee in accordance with the Price and Costs Regulation.3.10 Termination of the rental is only possible if a mobile connection exists or another connection technology provided by MILES (e.g., Bluetooth) is used to complete and end the process, and the vehicle is located within the business area. Otherwise, the Renter must re-park the vehicle and try again. If termination of the rental fails for technical reasons, the Renter is obliged to report this to MILES without undue delay and coordinate further steps. Provided the Renter is not at fault, additional rental costs may be reimbursed. Fault on the part of the Renter exists in particular if the Renter has not complied with the aforementioned conditions and, as a result, termination of the rental is not possible (e.g., key not in the designated place, windows or doors not closed, vehicle outside the business area).3.11 If, by way of exception, a vehicle may be parked outside the business area because it is expressly designated as such by MILES, the Rental Agreement ends when the Renter has parked the vehicle in a permissible, free parking space in compliance with all applicable regulations and has informed MILES of the location of the vehicle. In these cases, the Renter is obliged to pay a removal fee in accordance with the Price and Costs Regulation.3.12 Upon termination of the rental, the vehicle must have a minimum level of fuel or charging capacity depending on the type of drive and the season. The applicable minimum values can be found in the MILES FAQ (https://support.miles-mobility.com/hc/de/categories/360002670840-FAQs).Parking the vehicle below the threshold values specified in the FAQ is generally not permitted. If the Renter falls below these values at the end of the rental period, they are obliged to pay a flat fee in accordance with the Price and Costs Regulation. Alternatively, an electric vehicle may be parked and charged at a charging station available via the MILES app without incurring additional costs in order to end the rental; in addition; Section 4 of the GRTC must be observed.3.13 MILES is entitled to recalculate the costs for a rental retroactively if the Renter has parked the vehicle in violation of the obligations set out in these GRTC and this affects the calculation basis. This applies in particular if the Renter parks the vehicle in an unauthorized manner or if, due to fault, no mobile connection could be established with the vehicle.
4. Refueling
4.1 If the fuel or charge level drops during the rental period or falls below 25% of the total capacity, it is recommended to refuel or recharge the vehicle. In any case, there is an obligation to do so upon termination of the rental in the event specified in clause 3.12 of the GRTC.4.2 The Renter may refuel or charge the vehicle at a fuel or charging station designated by MILES and must use the digital process provided by MILES. If the Renter uses a non-designated station or a different payment method, they must initially cover the refueling costs themselves and submit the original receipt to MILES. Reimbursement will be provided as MILES credit unless the Renter expressly requests a bank transfer. Any MILES credit is granted in accordance with the Tariff Overview.4.3 The Renter shall bear all refueling or charging costs incurred abroad; MILES does not offer reimbursement for such expenses.4.4 If a fuel card is available in the vehicle, the Renter undertakes to use it exclusively for refuelling the vehicle rented from MILES.4.5 The Renter must ensure that the vehicle is refuelled or charged exclusively with the intended type of fuel or energy. Before each refuelling or charging process, the Renter must check the information in the vehicle registration document (Part I) or the MILES App. In case of uncertainty, MILES must be contacted in advance. If incorrect refuelling or an incorrect charging process ("incorrect refuelling") occurs, MILES can charge a flat fee in accordance with the Price and Costs Regulation, as well as additionally invoice the costs for necessary repairs, towing services, or other consequential damages.
5. Obligations in the Event of Accidents, Damage, Theft, Destruction, and Other Loss of the Vehicle
5.1 Accidents, damage, theft, destruction, and/or any other loss of the vehicle must be reported to MILES immediately and directly by phone.5.2 The Renter is obligated to ensure that all necessary measures for damage mitigation and preservation of evidence are taken. For this purpose, the Renter must report any damage occurring during the rental period to the police without delay. This also applies to accidents involving bollards, fences, other barriers, markings, or boundaries. If the police refuse to take an official report, the Renter must inform MILES immediately and coordinate further action. In the event of accidents involving injured persons, the fire department must also be notified immediately.5.3 The Renter may not leave the accident site until all necessary steps for damage mitigation, preservation of evidence, and police notification—including any police documentation—have been completed. These duties do not apply if the Renter leaves the scene due to accident-related injuries of a person involved in the accident and is legally justified or excused in doing so. The vehicle may only be used again if the Renter (i) has received permission from MILES to continue using it and (ii) has ensured that the vehicle is in a roadworthy condition.5.4 The Renter is obligated to truthfully submit the completed damage report form and a written accident report to MILES within the deadline set by MILES, but no later than three calendar days after the incident, and to provide the police case number (if one was assigned). Failure to comply will result in a contractual penalty as set out in the Price and Cost Regulation. If inaccurate or misleading descriptions of the accident by the Renter cause additional costs for MILES (e.g., for an expert assessment), MILES is entitled to pass on these costs in full to the Renter. If no damage report is received by MILES within the specified period and the incident cannot be processed or settled by the insurer as a result, MILES reserves the right to invoice the Renter for all accident-related costs, particularly those involving persons, property, or vehicles. The provisions on contractual penalties and flat fees under Section 6 and the liability rules under Section 8 of these GRTC shall apply.5.5 All instructions issued by MILES must be followed. The Renter is prohibited from making any admission of liability or from taking any actions that involve payments or other acknowledgments of damage and/or fault, insofar as such actions may affect MILES’s interests—particularly if they may impair the settlement of potential liability claims against MILES (risking loss of insurance coverage). If a promise of liability is made despite this prohibition, it shall be valid only for the Renter personally. Neither MILES nor the insurer shall be bound by such a declaration.5.6 In the event of an accident, the Rental Agreement does not end until the vehicle is properly returned in accordance with Section 3 of these Rental Terms and Conditions (AMB). In some cases, the rental may be ended upon request by the MILES Service Team. If the vehicle is no longer operational or roadworthy due to the accident, the Rental Agreement ends upon agreement with MILES and handover to the towing company. In the case of accidents caused by the Renter that deem the vehicle non-drivable or unroadworthy, the Renter shall bear all costs incurred in recovering the vehicle to MILES. The decision as to whether a vehicle is still roadworthy lies solely with MILES. MILES alone is responsible for selecting the repair shop in the event of vehicle damage.5.7 Compensation payments in connection with damage to vehicles are due exclusively to MILES. The Renter is prohibited from receiving money or other goods as compensation payments in relation to vehicle damage. If the Renter has received such payments from third parties, they must forward them to MILES without being asked.
6. Contractual Penalty and Flat Fees
6.1 Insofar as the Renter is obliged to pay a contractual penalty or a flat fee pursuant to these GRTC or the Price and Cost Regulation, this shall not affect MILES' right to assert a further claim for damages. Any forfeited contractual penalty or flat-rate fee shall be offset against the corresponding claim for damages by MILES.6.2 If the Renter violates the same obligation multiple times during the same rental (e.g., the smoking ban under Section 2.3 f)), they must pay a contractual penalty for each culpable, separate violation. A violation shall only be considered as one continuous, non-separate breach if all partial acts (i) are closely connected in terms of time and location, (ii) are organizationally inseparable, and (iii) infringe upon the same protective purpose. The total amount of contractual penalties for multiple violations of the same obligation per rental is limited to five times the amount of the individual penalty, but no more than €2,000. The assertion of multiple contractual penalties is subject to a review for reasonableness pursuant to Section 343 of the German Civil Code (BGB). Any forfeited contractual penalty or flat fee shall be credited against the corresponding compensation claim of MILES. Apart from that, Section 6.1 of these GRTC applies accordingly.6.3 Flat fees will not be charged if the Renter proves that they are not responsible for the costs, that no costs were incurred, or that the actual costs incurred were significantly lower than the flat fee. Provided appropriate proof is given, MILES reserves the right to claim further damages exceeding the flat fee.6.4 Contractual penalties shall not be imposed if the Customer proves that they are not responsible for the breach because they are not at fault.
7. Liability of MILES
7.1 MILES is liable to the Renter only in cases of intent and gross negligence in accordance with statutory provisions. Otherwise, MILES is liable to the Renter for culpable breaches of essential contractual obligations but limited in amount to the foreseeable and typical damages at the time of contract conclusion. Essential contractual obligations are obligations that make the proper execution of the contract with the Renter possible in the first place and on whose fulfillment the Renter regularly relies and may rely. The above provisions also apply to the legal representatives and vicarious agents of MILES. The strict liability of MILES for initial material defects in the vehicle is excluded.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, in the assumption of a guarantee or procurement risk, and under the Product Liability Act.7.3 The limitation of liability also applies with regard to the handling of lost property.
8. Liability of the Renter and Insurance Coverage
8.1 Liability insurance is provided for the vehicles to be rented in the legally required scope. Unless otherwise stipulated in these GRTC, the General Terms and Conditions for Motor Vehicle Insurance, AKB 2015 ("AKB"), issued by the German Insurance Association (Gesamtverband der Deutschen Versicherungswirtschaft e.V., GDV), shall apply to the liability insurance. If the Renter breaches an obligation under the AKB and this leads to the insurer being released from its payment obligation, the insurance coverage lapses.8.2 The liability insurance does not cover, in particular, damages resulting from improper handling of the vehicle, incorrect operation of the vehicle such as gear-shifting errors, ignoring warning lights, incorrect refuelling, or improperly secured cargo.8.3 In the event of damage to or loss of the vehicle used by the Renter, its accessories, or individual vehicle parts, as well as in the case of breaches of contract, the Renter shall be liable in accordance with the statutory provisions, unless otherwise stipulated in these GRTC. The Renter's liability also extends to ancillary damage costs such as, for example, expert fees, towing costs, depreciation, increases in any insurance premiums, loss of rental income, and early termination of leasing or financing contracts. In the event of the Renter's liability, the Renter is obliged to indemnify MILES against claims by third parties.8.4 If the vehicle used by the Renter is damaged during the rental period, if the Renter causes damage to the vehicle, or if the vehicle is lost to the Renter, the Renter's liability for damages to the rented vehicle per damage event is limited, in accordance with the principles of comprehensive insurance, to a deductible as specified in the Price and Costs Regulation. If the Renter can prove that he is not responsible for the damage or the loss, his liability is completely waived.8.5 The limitation of liability to the deductible pursuant to Section 8.4 of the GRTC does not apply if the Renter has caused the damage intentionally. If the Renter has caused the damage by gross negligence, MILES is entitled to reduce its performance to limit liability in proportion to the severity of the Renter's fault; in this case, there is no limitation to the deductible according to the Price and Costs Regulation.8.6 The limitation of liability to the deductible pursuant to Section 8.4 of the GRTC also does not apply if the Renter has intentionally violated provisions of the GTC or these GRTC, in particular the duties and prohibitions in Sections 2.5 up to and including 2.8 of the GTC, Section 1.10 of the GRTC, Sections 2.1 up to and including 2.3 of the GRTC, as well as Sections 5.1 up to and including 5.6 of the GRTC. If the Renter has violated the respective provision with gross negligence, MILES is entitled to reduce its performance to limit liability in proportion to the severity of the Renter's fault; in this case, there is no limitation to the deductible according to the Price and Costs Regulation. The burden of proof for the absence of gross negligence lies with the Renter. MILES remains obliged to perform insofar as the violation of the respective provision was neither causal for the occurrence or determination of the damage nor for the determination or scope of the obligation to perform by MILES or the insurer, unless the Renter has fraudulently violated the provision.8.7 Deliberately false or untrue statements or incomplete or delayed information may, in accordance with Section 8.6 of the GRTC, result in the limitation of liability to a deductible pursuant to the Price and Costs Regulation not applying; in the case of grossly negligent false or untrue statements or incomplete or delayed information, MILES is entitled to reduce its performance to limit liability in proportion to the severity of the Renter's fault. In such cases, there is no limitation to the deductible pursuant to the Price and Costs Regulation.8.8 The Renter is fully liable for any legal violations committed by them, in particular for violations of traffic and regulatory provisions during the rental period and in connection with the parking of the vehicle. The Renter undertakes to indemnify MILES from all fines, warnings, fees, costs, and other expenses imposed on MILES by authorities or other bodies in connection with the aforementioned violations. MILES is not obliged to forward the Renter's objections in administrative offense proceedings to the authorities or to conduct any further investigations. As compensation for the administrative effort incurred by MILES in processing inquiries from prosecuting authorities regarding administrative offenses and criminal acts committed during the rental period, MILES shall receive a processing fee per case in accordance with the Price and Costs Regulation.8.9 Insofar as MILES receives payments from insurance companies or third parties in relation to a damage event, these payments shall be credited against the Renter's liability for damages.
9 Fees, Payment Terms
9.1 MILES invoices the Renter for the fee for the rental and, if applicable, the reservation of the vehicle in accordance with the Price and Cost Regulation and the Tariff Overview. The tariff applicable to the rental or reservation, any special tariffs for platforms or discount models (e.g., MILES Pass), hourly or daily rates are displayed to the Renter before the conclusion of the contract within the respective application through which the rental or reservation is made. The currently valid fees, billing models, and tariffs for rentals, reservations, and additional services are also set out in the Price and Cost Regulation and the Tariff Overview.9.2 After each rental, the Renter receives an automatically generated email stating the fee due, which is payable immediately and without deductions. The electronic invoice is sent via email no later than ten calendar days after the last rental within a given calendar week and, if the statutory requirements are met, qualifies for input VAT deduction. For rentals made via a platform, invoicing may also be handled by that platform.9.3.Payment for rentals or reservations made via the MILES App is processed using the payment method stored in the customer account and selected for the specific rental and/or reservation. The available payment methods and applicable terms can be found in the MILES App.a) MILES may engage external payment service providers for payment processing and is entitled to assign due and future claims against the Renter to these providers. In such cases, payment processing shall be carried out in accordance with the terms and conditions of the respective payment service provider.The payment processing when selecting the payment option "Klarna" in the MILES App is carried out via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("KLARNA"); the payment processing for a rental via the HVV Switch App of Hamburger Hochbahn AG as well as via the redy App of Rheinbahn AG is carried out via the respective app provider and their payment service provider, in each case LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn ("LogPay"). In these cases, the claims, including any ancillary claims and fees, are assigned to the respective payment service provider: for the Klarna payment option to KLARNA, for use of the HVV Switch App or the redy App to LogPay (assignment notice). The processing is carried out in each case according to the applicable payment terms of the assignees (for KLARNA available at: https://www.klarna.com/de/agb; and for LogPay available at:https://www.logpay.de/agb.html).b) The Renter must ensure that their deposited payment method has sufficient funds to cover the collection of the claim. If the payment fails for a reason attributable to the Renter (e.g., insufficient funds, incorrect account details, unauthorized chargeback), the Renter is obliged to make the outstanding payment without delay.MILES is also entitled to charge third-party fees and a flat fee in accordance with the price and fee schedule. The flat fee will be offset against the incurred third-party fees.c) MILES is entitled to conduct credit checks and fraud prevention measures to ensure the Renter’s solvency. This applies both prior to contract conclusion and during the term of the agreement.9.4 With regard to claims that do not arise from the same contractual relationship, the lessee may only assert a right of retention against MILES to the extent that their counterclaim is undisputed, has been established as final and absolute by a court, or is ready for decision. The lessee may transfer claims or other rights arising from the aforementioned contracts to third parties only with the prior written consent of MILES.9.5 MILES is entitled to assign claims against the Renter to third parties at any time. The Renter will be informed of such an assignment in the respective invoice. In this case, the Renter can only make payments with debt-discharging effect to the assignee.9.6 Payments made upon the conclusion of a Rental Agreement or when making a reservation via an application of a platform are processed through the respective platform in accordance with the platform's terms and conditions. MILES is entitled to assign the claims against the Renter to the operator of the respective platform.
10. General Provisions and Jurisdiction
10.1 The business relationship between MILES as the Lessor and the Renter is governed by German law. If the lessee is a consumer whose habitual residence is in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in these GTC.10.2 For all present and future claims arising from the business relationship with Renters who are not consumers, the exclusive place of jurisdiction is Berlin. The same applies if the Renter 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 GRTC 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 turn out 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.
