Rental terms & conditions
Valid as of July 2022, valid until 10/08/2025, 23:59
1. Rental contracts and reservations, MILES Pass
1.1 These RTC govern the business relationship between MILES being the Lessor and Customers executing rental contracts in Germany. In case rental contracts are executed in other jurisdictions, the respective local RTC apply instead of these RTC. In addition, the GTC govern the business relationship between MILES and Customers regarding the user contract. 1.2 These RTC are supplemented by the price and cost regulations, which are available at [https://miles-mobility.com/en/rates (https://miles-mobility.com/en/rates)] and in the MILES app. Only the current prices and costs at the time of rental or reservation (if such is made) apply. Customers who have booked a MILES Pass with Lessor will receive the discounts stipulated in the booked MILES Pass to the displayed prices as of the confirmed booking. The prices are final prices, which include the respective statutory sales tax.1.3 For Customers authorized to rent and/or use vehicles in accordance with these RTC and the GTC, Lessor offers the conclusion of rental contracts for the use of the available vehicles within the Business Area. Rental contracts can be concluded either on the basis of a user contract via the MILES app or via a platform using the corresponding application. Customers with a user contract may also alternatively conclude rental contracts via a platform. Lessor reserves the right to refuse a rental contract for any objective and justified reason, for example if there is reason to believe that the Customer will not behave in accordance with the contract. The Customer has no claim to a specific vehicle or to the conclusion of a rental contract.1.4 "Business Area" means the area within the boundaries of which the respective vehicle can be rented from Lessor and the rental can be terminated. The Business Area and the available vehicles can be accessed in the MILES app or via the platform through which rental contracts can be concluded. In individual cases, there may be deviations between the actual location and the displayed location due to inaccuracies in the GPS signal. A vehicle cannot be rented or opened if the vehicle has already been reserved by another Customer or if the vehicle has been blocked by the Lessor. 1.5 In order to be able to rent (and, if applicable, reserve) a vehicle via the MILES app, the Customer must be logged into his user account provided by MILES under the GTC and have selected a means of payment there and stored the corresponding data. Lessor reserves the right to require credit card payment. In order to rent a vehicle via a platform, the respective Platform Terms are decisive in addition to these RTC.1.6 The Customer can reserve a selected vehicle via the MILES app or corresponding application of the platform. Lessor is entitled to refuse a reservation, especially if there are not enough vehicles available to fulfill the reservation requests. If no rental contract is concluded or a reserved vehicle is not used by the Customer within the reservation period, the vehicle will be released again for use by other Customers. Lessor reserves the right to refuse multiple or consecutive reservations. 1.7 The conclusion of a rental contract and its execution - depending on whether this is done on the basis of the user contract or via a platform - is carried out as follows:By logging into their user account via the MILES app, entering their personal PIN and having the vehicle opened for them via the MILES app.By proceeding through the appropriate application of the Platform in accordance with the Platform Terms.1.8 The Customer is obliged to check the vehicle for any damage before starting the journey. The report of new damage must be made before entering the vehicle and starting the engine. In the MILES app or via the platform, the Customer is given the opportunity to view damage already known and reported. If the Customer detects new damage, the Customer is obliged to notify Lessor immediately. This can be done by phone or via the MILES app before the start of the journey. After the service team has registered the damage, if no other new damage is detected, the Customer can start the journey, provided Lessor does not have to block the vehicle due to the severity of the damage. The decision whether a vehicle is roadworthy or not is made exclusively by Lessor. 1.9 The rental ends when the Customer has duly terminated the rental process in accordance with clause 3 of these RTC, or when Lessor is entitled to terminate the rental in accordance with these RTC and unilaterally terminates the rental.1.10 The contracting parties have a right to extraordinary termination of the rental contract and/or a MILES Pass subscription. In particular, Lessor may terminate without notice and exclude the Customer from any use of the vehicles if the Customera) is in arrears with two payments due,b) has provided incorrect information or concealed facts during registration and verification under the GTC or in the course of the contractual relationship with Lessor and therefore Lessor cannot reasonably be expected to continue the contract,c) does not refrain from serious violations of the contractual relationship with Lessor or does not immediately remedy consequences of such violations that have already occurred,d) has committed a breach of contract which is subject to a contractual penalty under these RTC or the GTC.1.11 If the user contract and/or a rental contract and/or a MILES Pass has been extraordinarily terminated in accordance with clause 1.10 of these RTC or clause 2.12 of the GTC, Lessor is in particular entitled to the immediate return of the vehicle currently being used by the Customer, if applicable. If the Customer does not return the vehicle immediately, Lessor is entitled to take possession of the vehicle at the Customer's expense.1.12 The Customer is prohibited from renting and/or driving a vehicle without authorization to rent and/or use it in accordance with Section 3 of the GTC. The Customer is also prohibited from allowing other persons to drive the vehicle or otherwise enable third parties to drive or use the vehicle in any way. This also applies if the other person is himself a Customer of MILES, a local MILES affiliate or the Lessor. In case of violation of the aforementioned obligations, the Customer is obliged to pay a contractual penalty according to the price and cost regulations and is generally liable for all resulting damages according to the legal regulations. The regulations on liability according to clause 9 of these RTC apply.1.13 Lessor reserves the right at any time to restrict the use of the vehicle by a Customer or to temporarily or permanently exclude a user from the use of the vehicle or the possibility to conclude rental contracts. This applies in particular in the event of breaches of contract by the Customer, for example in the event of default in payment or breaches of obligations, which are subject to a contractual penalty. In addition, a blocking of the conclusion of rental contracts via a platform can take place if the user contract has been terminated or there are reasons for termination according to clause 1.10 of these RTC. Such measures will be communicated to the Customer by e-mail and/or by letter mail, insofar as the Customer has concluded a user contract.1.14 The purchase of a MILES Pass is possible exclusively via the MILES app and requires a fully registered user account under a user contract.1.15 The booking of the MILES Pass is facilitated through a digital booking process within the MILES app. Here, the Customer confirms his selection and the contractual conditions. Through this confirmation, the Customer makes the binding offer to purchase the selected MILES Pass. The contract is deemed concluded as soon as Lessor has sent acceptance of the offer by means of a confirmation to the e-mail address provided by the Customer.1.16 The purchase price of the MILES Pass is due immediately and cannot be paid by existing credit ("MILES Credits").1.17 The discounts compared to the general price and cost regulations according to the corresponding MILES Pass apply only to the prices and invoice items explicitly mentioned within the booking of the MILES Pass for the booked term. Excluded, unless otherwise communicated, are other prices or charges, in particular prices for additional kilometers, all-inclusive prices, airport fees and other fees or charges specified in the price and cost regulations.1.18 The application of the MILES Pass to rental contracts executed with MILES affiliates other than Lessor or via a platform operated by third parties is excluded.1.19 Different MILES Passes cannot be combined. In addition, a MILES Pass cannot be combined with other discounts or special offers, unless otherwise communicated by Lessor.1.20 A MILES Pass is not transferable to another Customer.1.21 The minimum duration of a MILES Pass is displayed in the booking process within the MILES app. The duration starts on the day the purchase of the MILES Pass is confirmed by Lessor.1.22 The MILES Pass is automatically renewed for the minimum contract period after the expiration of the previous term period, unless the MILES Pass has been cancelled via the MILES app before the expiration of the respective term period.1.23 During periods of (temporary) suspension of the user account, it is not possible to use the MILES Pass, and a refund of the purchase price is excluded. If the term of the MILES Pass expires while the user account is (temporarily) suspended, it will not be automatically extended.
2. Treatment and use of the vehicles
2.1 The Customer must treat the vehicles with care and diligence. In case of any ambiguity regarding the use of the vehicles, the Customer shall contact Lessor. The Customer must verify the roadworthiness of the vehicle, in particular by visually inspecting the tires, before starting the journey. The Customer has to secure the vehicle against theft after parking (windows, sunroof, soft top and doors have to be locked). The Customer must comply with the respective road traffic regulations at all times when participating in road traffic with the vehicle. In the event of a warning light coming on in the dashboard display, the Customer is obliged to stop immediately and contact Lessor to agree whether the journey can be continued. Lessor shall not be liable for any damage caused by the Customer's breach of these obligations. In the event of a breach of the aforementioned obligations by the Customer, the Customer is generally liable for all resulting damages in accordance with the statutory provisions. The regulations on liability according to clause 10 of these RTC apply.2.2 The Customer is prohibited from using the vehicle for the following purposes:a) for motor sports, in particular for races or for achieving a maximum speed contrary to traffic regulations,b) for vehicle tests and driving safety training as well as driving off paved roads and for "drifting" (applying the handbrake except to secure the vehicle against rolling away),c) for commercial passenger transport and other commercial passenger transport, or for commercial transport (e.g. courier services),d) for subletting or for advertising measures of the Customer,e) for the commission of criminal offenses,f) for the carriage of highly flammable, toxic or other hazardous substances exceeding normal household quantities,g) to transport objects which, due to their shape, size or weight, may affect driving safety or damage the interior of the vehicle, unless they are packed and stowed in such a way that they do not pose any danger, h) for towing trailers, vehicles or other objects,i) for transporting animals, unless they are in a closed cage that is securely stowed in the trunk.2.3 In addition, the Customer is prohibited from:a) using the vehicle for travel outside Germany and the other territories expressly approved by Lessor for foreign travel; the territories approved at the given time are available in the FAQ,b) driving the vehicle under the influence of alcohol (a blood alcohol limit of 0.0 ‰ applies), drugs or medication that could impair the ability to drive,c) transporting children under 12 years of age or smaller 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 assembly and disassembly,d) carrying more than the number of passengers allowed according to the registration,e) grossly soiling the vehicle or leaving waste of any kind in the vehicle,f) smoking in the vehicle or allowing passengers to smoke, this also includes e-cigarettes or other liquid and tobacco vaporizers,g) using the vehicle to stay without moving it (vehicle blockage, Lessor assumes a vehicle blockage if the vehicle needs more than 10 minutes for one kilometer, if the Customer was actually not able to move the vehicle more than one kilometer within these 10 minutes due to special circumstances, traffic conditions or due to any other exceptional situation, he is obliged to prove this to Lessor),h) carrying out repairs or conversions on the vehicle or have them carried out,i) driving the vehicle in underground garages or parking garages (except for the underground garages and parking garages designated as permitted parking areas in the MILES app) and parking in no-stopping or no-parking areas as defined in the road traffic regulations or in no-parking areas (as designated in the MILES app).2.4 Violations of the prohibitions in clauses 2.2 and 2.3 of these RTC entitle Lessor to terminate the rental contract without notice. Claims for compensation by the Customer are excluded in such a case. In case of violation of the prohibitions in clauses 2.2 and 2.3 of these RTC, the Customer is obliged to pay a contractual penalty according to the price and cost regulations. In the event of a breach of the aforementioned obligations by the Customer, the Customer shall generally be liable in accordance with the statutory provisions for all damages arising therefrom. The regulations on liability pursuant to Clause 9 of these RTC shall apply.2.5 Lessor is entitled at any time to take back the vehicle in agreement with the Customer and to replace it with a comparable vehicle. If the vehicle is not roadworthy, no rental fee will be charged to the Customer.2.6 If the Customer causes a technician to be called out due to improper operation of the vehicle or the access technology or due to deliberately incorrect reporting of a fault, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations.2.7 It cannot be technically excluded that the vehicle locks itself independently to prevent theft. In order to prevent the Customer from being unable to unlock the doors through corresponding functions of the MILES app (selection of parking mode, activation of the rental), it is not permitted to park the vehicle at a location where no mobile connection to the vehicle can be established unless required due to special circumstances, traffic conditions or due to any other exceptional situation.
3. End of the rental
3.1 At the end of the rental period, the Customer is obligated to park the vehicle properly and in accordance with the road traffic regulations in a permitted (metered or unmetered) parking space in the public traffic area in the Business Area. If applicable, the Customer will be informed via the MILES app or via the platform about no-parking areas in the Business Area where parking is not permitted. In addition to public traffic areas, Lessor also offers the possibility of using parking spaces on private property and underground or parking garages in cooperation with partners. These spaces are clearly defined by Lessor or by the respective partner. By using these spaces, the Customer accepts the regulations of the respective partner and is bound by its instructions. 3.2 After the Customer has parked the vehicle properly, the Customer puts the key back in the holder (not applicable to keyless go vehicles) and locks the vehicle via the MILES app or the corresponding application of the platform. During this process, the system checks whether the fuel card/parking card and the key (not applicable to keyless go vehicles) are in their designated places, all windows and doors are closed, and whether the vehicle is located in an area designated as "authorized for return" (in particular outside a no-parking area). Only in this case, the procedure for termination of the rental can be continued. The Customer is obliged to leave the vehicle before ending the rental.3.3 The Rental Agreement shall terminate only when the Customer (i) has successfully locked the vehicle via the MILES app or the corresponding application of the Platform and (ii) the summary of the terminated rental is displayed in the MILES app or the corresponding application of the Platform. Customer shall ensure that the termination of the rental is fully completed before Customer abandons the vehicle. In case of uncertainty regarding the successful completion of the rental, clarification must be made with the Lessor via the MILES service team before the Customer abandons the vehicle. The rental process can then also be terminated by Lessor, it ends in such cases with the confirmation by the MILES service team. 3.4 Lessor reserves the right to automatically initiate the end of the rental period after the vehicle has been properly parked. Lessor also reserves the right to initiate the end of the rental if the rental contract can be terminated according to clause 1.10 of these RTC. In case of such termination, the Customer shall not be entitled to any return transport by Lessor from the place where the rental was terminated and shall not be entitled to any corresponding compensation. 3.5 The end of the rental will be displayed to the Customer in the MILES app or the corresponding application of the Platform and the Customer will receive a written summary to the e-mail address stored in the user account or with the Platform. Until the rental has been effectively terminated, the use of the vehicle shall be remunerated in accordance with the price and cost regulations.3.6 The rental can only be effectively terminated if a mobile connection to the vehicle can be established at the location of the vehicle and the vehicle is within the Business Area. If a mobile connection to the vehicle cannot be established, the Customer is obliged to move the vehicle and to make a new attempt to terminate the rental. 3.7 If the termination of the rental fails due to technical reasons, the Customer is obliged to report this to Lessor immediately in order to coordinate the further procedure with Lessor. Additional rental costs incurred will be refunded after verification by Lessor if there is no fault of the Customer. The Customer is at fault, for example, if the vehicle does not allow the rental to be completed because the fuel card/parking card or the key are not in their designated place, the doors or windows are not closed, or the vehicle is outside the Business Area.3.8 It is prohibited to park the vehicle on private or company premises for the end of the rental period, unless these are expressly designated as parking spaces within the meaning of the Business Area. The prohibition applies in particular to Customer parking lots of shopping centers and supermarkets. The vehicle must be freely accessible to other Customers free of charge at all times after the end of the rental period. Should it be necessary for Lessor to re-park the vehicle or should a towing service be commissioned by a third party, the Customer will be charged a lump-sum payment according to the price and cost regulations. In the event of a culpable breach of these obligations, the Customer shall also bear any fines or towing costs in accordance with the price and cost regulations.3.9 The Customer may only park the vehicle in areas with a day or time-related restriction on parking authorization (e.g. stopping bans with additional signs such as "7:00 a.m. to 5:00 p.m." or "Monday 6:00 a.m. to 12:00 a.m.") if the restriction does not take effect until 48 hours after the vehicle has been parked. This also applies to traffic bans that have already been ordered but are not yet valid in terms of time (e.g. temporary parking bans due to events or processions). In the event of a culpable breach of these obligations, the Customer shall bear any fines or towing costs in accordance with the price and cost regulations.3.10 If, according to the information in the MILES app or the corresponding application of the Platform, the vehicle can exceptionally be parked outside the Business Area, the rental agreement ends when the Customer has parked the vehicle in a permitted, free parking space and the Customer has informed Lessor of the parking location. In these cases, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations.3.11 At the end of the rental, the vehicle must still have a tank level or loading capacity of at least 5% of the total filling quantity. In case of culpable violation of this obligation by the Customer, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations.3.12 Lessor is entitled to recalculate costs for a rental also subsequently, should the Customer have parked the vehicle contrary to the obligations in these RTC. This applies in particular in the event that the Customer has parked the vehicle in no-parking areas, underground garages or parking garages not eligible for parking or no mobile connection could be established with the vehicle.
4. Return of the vehicle
4.1 A proper return of the vehicle requires in particular the following:a) The vehicle is in a clean condition inside. If the vehicle is returned in a soiled condition (especially vomit) or if there is waste of any kind in the vehicle, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations for cleaning.b) The vehicle must be properly secured and locked. In particular, the doors, windows and sunroof must be locked, the parking brake applied, the steering wheel lock engaged and the lights switched off.c) The vehicle must be returned with all documents, fuel cards, parking cards and parking permits provided.d) No equipment and accessories of the vehicle may be missing, especially the vehicle key.4.2 If there is no agreement between Lessor and the Customer on the proper condition of the vehicle upon return, including any existing damage, defects and their valuation, Lessor will commission an independent expert company to determine the condition of the vehicle and any reduced value. The expert report is binding as an arbitration report for both contracting parties. The costs of this expert opinion shall be borne by the parties in proportion to their success or failure. The expert opinion shall not preclude recourse to the courts. 4.3 If the Customer has not returned the items according to clause 4.1 letter c) and/or d) of these RTC when returning the vehicle, the Customer must do so immediately and the Customer will be charged a lump-sum payment in accordance with the price and cost regulations.
5. Refueling
5.1 If the tank level or the loading capacity drops to less than 25% of the total filling quantity during the rental or at the end of the rental, the Customer can or should refuel/recharge the vehicle.5.2 For refueling at certain partner gas stations announced to the Customer in the MILES app or the corresponding application of the Platform, the fuel card located in the vehicle and the PIN displayed in the MILES app or the corresponding application of the Platform for this operation must be used. At other gas stations, the Customer must pay the fuel bill himself/herself. The invoice amount will be refunded to the Customer by Lessor upon presentation of the original invoice. For a proper refueling transaction at a partner gas station, the Customer will receive a credit in accordance with the price and cost regulations.5.3 The Customer undertakes to use the fuel card exclusively for refueling the vehicle rented from Lessor. Lessor reserves the right to report any other use of the fuel card to the competent law enforcement authorities.
6. Obligations in the event of accidents, damage, theft, destruction and other loss of the vehicle
6.1 Accidents, damage, theft, destruction and/or other loss of the vehicle must be reported to Lessor immediately and directly by telephone.6.2 The Customer is obliged to ensure that all measures necessary to mitigate damage and preserve evidence are taken. To this end, the Customer must immediately report any damage occurring during his rental to the police. This also applies in the event of accidents with bollards, fences or other barriers or other markings and boundaries. As far as the police refuses to take the case, the Customer has to inform Lessor immediately and to coordinate the further procedure with the MILES service team. In case of accidents with injured persons, the fire department has to be informed immediately.6.3 The Customer may only leave the scene of the accident once the measures to mitigate the damage and preserve evidence as well as the report to the police and, if necessary, the police recording have been completed. These obligations of the Customer shall not apply if the Customer leaves the scene of the accident with justification or excuse due to accident-related injuries of a party involved in the accident. Further use of the vehicle may only take place if the Customer (i) has received permission from Lessor to continue its use and (ii) has verified that the vehicle is in roadworthy condition. 6.4 The Customer is obliged to forward to Lessor truthfully the completed damage form and a written accident report within the time limit set by Lessor for this purpose, but no later than three calendar days, and to provide Lessor with the police file number (if such a number has been assigned). In case of violation of this obligation, the Customer is obliged to pay a contractual penalty according to the price and cost regulations. If Lessor incurs costs due to an incorrect description of the course of the accident by the Customer (e.g. costs for an expert), Lessor is entitled to pass on these costs in full to the Customer. If no damage report is received by Lessor within this period and therefore the accident cannot be processed and, if necessary, settled by the insurance company, Lessor reserves the right to charge the Customer for all accident-related costs, in particular for persons, objects and vehicles. The regulations on liability according to clause 9 of these RTC apply.6.5 All instructions of Lessor must be complied with. The Customer is prohibited from making any acknowledgement of debt or from making any payment or other act acknowledging damage and/or debt, to the extent that such acts may affect the interests of Lessor and, in particular, may affect the settlement of any liability claims to the detriment of Lessor (jeopardizing insurance coverage). If, despite the prohibition, a commitment of liability is given, this commitment applies only directly to the Customer itself. Neither Lessor nor insurers are bound by this commitment.6.6 Even in the event of an accident, the rental contract will only be terminated after proper return as defined in clause 3 of these RTC; in particular, the rental may be terminated upon request by the MILES service team, if applicable. If the vehicle is no longer roadworthy due to the accident, the rental contract will end upon handover to the towing company after consultation with Lessor. If the vehicle is no longer roadworthy, the Customer is responsible for all costs incurred in returning the vehicle to Lessor in case of self-inflicted accidents. The decision whether a vehicle is still roadworthy or not is made by Lessor. Exclusively Lessor is responsible for the selection of the repair shop for the repair in case of damage.6.8 Compensation payments in connection with damage to vehicles are due solely to Lessor. The Customer is prohibited from receiving money or other goods as compensation in relation to vehicle damage. If the Customer has received such benefits from third parties, the Customer must forward them to Lessor without being asked to do so.
7. Contractual penalties and lump-sum costs
7.1 To the extent that the Customer is obligated to pay a contractual penalty or a lump-sum payment pursuant to these RTC or the applicable price and cost regulations, the assertion of further damages by Lessor remains unaffected. Any forfeited contractual penalty or lump-sum payments will be credited against the corresponding claim for damages by Lessor.7.2 Lump-sum payments will not be charged if the Customer proves that the Customer is not responsible for the costs, that no costs were incurred or that the actual costs incurred are significantly lower than the lump-sum payments. Lessor is, upon appropriate proof, free to claim further damages in excess of the lump-sum payments.
8. Liability of Lessor
8.1 Lessor is liable to the Customer only in cases of intent and gross negligence of its legal representatives and vicarious agents according to the statutory provisions. In all other respects, Lessor is liable to the Customer in the event of a culpable breach of material contractual obligations, but limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract. Material contractual obligations are obligations that enable Lessor to properly perform the contract with the Customer in the first place and on whose compliance the Customer regularly relies and may rely. The above provisions also apply to legal representatives and vicarious agents of Lessor. The liability of Lessor for initial material defects of the vehicle irrespective of culpable breach is excluded. 8.2 The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act.8.3 The limitation of liability also applies with regard to the handling of lost property.
9. Liability of the Customer and insurance coverage
9.1 The vehicles to be rented are covered by liability insurance to the extent required by law. Unless otherwise stipulated in these RTC, the General Terms and Conditions for Motor Vehicle Insurance, AKB 2015 ("AKB"), issued by the German Insurance Association (GDV) shall apply to the liability insurance. If the Customer violates an obligation of the AKB and this leads to a release of the insurer from its payment obligation, the insurance coverage shall lapse. 9.2 In particular, the liability insurance does not cover damage caused by improper handling of the vehicle, incorrect operation of the vehicle, e.g. shifting errors, ignoring warning lights, incorrect refueling or improperly stowed cargo.9.3 In the event of damage to or loss of the vehicle used by the Customer, its accessories or individual vehicle parts, as well as in the event of breaches of contract, the Customer shall be liable in accordance with the statutory provisions, unless otherwise stipulated in these RTC. The Customer's liability also extends to ancillary damage costs such as, for example, expert costs, towing costs, reduction in value, upgrading of any insurance premiums, loss of rental income and premature termination of leasing or financing contracts. In case of liability of the Customer, the Customer is obliged to indemnify Lessor from claims of third parties.9.4 If the vehicle used by the Customer is damaged during use or if the Customer causes damage to the vehicle, the Customer's liability for damage to the vehicle used by the Customer is limited per claim in accordance with the guiding principle of comprehensive insurance to a deductible in accordance with the price and cost regulations. 9.5 The limitation of liability to the deductible according to clause 9.4 of these RTC does not apply if the Customer has caused the damage intentionally. If the Customer has caused the damage by gross negligence, Lessor is entitled to reduce its performance for the limitation of liability in a ratio corresponding to the severity of the Customer's fault, there is then, if applicable, no limitation to the deductible according to the price and cost regulations.9.6 The limitation of liability to the deductible according to clause 9.4 of these RTC shall also not apply if the Customer has intentionally disregarded provisions of the GTC or these RTC, in particular the obligations and prohibitions in clauses 2.6 through and including 2.10 of the GTC, clause 1.12 of these RTC, clauses 2.1 through and including 2.3 of these RTC as well as clauses 6.1 through and including 6.6 of these RTC. If the Customer has grossly negligently disregarded the respective provision, Lessor is entitled to reduce its performance for the limitation of liability in a ratio corresponding to the severity of the Customer's fault, there is then, if applicable, no limitation to the deductible according to the price and cost regulations. The Customer bears the burden of proof for the non-existence of gross negligence. Lessor remains obligated to perform insofar as the disregard of the respective provision is neither causal for the occurrence or the determination of the damage nor for the determination or the scope of the obligation to perform of Lessor or the insurer, unless the Customer has maliciously disregarded the provision. 9.7 Intentionally false or untrue information or incomplete or delayed information may, in accordance with clause 9.6 of these RTC, result in non-applicability of a limitation of liability to a deductible in accordance with the price and cost regulations or, in the case of grossly negligent false or untrue information or incomplete or delayed information, Lessor’s right to reduce its performance for the limitation of liability in a ratio corresponding to the severity of the Customer's fault, there may then, if applicable, be no limitation to the deductible according to the price and cost regulations. 9.8 The Customer is fully liable for violations of the law committed by him, in particular for violations of traffic and regulatory regulations during the period of use and in connection with the parking of the vehicle. The Customer undertakes to indemnify Lessor against all fines and warnings, fees, costs and other expenses that authorities or other bodies levy against Lessor on the occasion of the aforementioned violations. Lessor is not obligated to forward objections of the Customer in administrative offense proceedings to the authorities or to conduct any other research. As compensation for the administrative expenses incurred by Lessor for the processing of inquiries directed to Lessor by prosecuting authorities for the investigation of misdemeanors and criminal offenses committed during the period of use, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations.9.9 To the extent that Lessor receives payments from insurance companies or third parties with respect to a claim, such payments will be credited against the Customer's indemnification obligations.
10. Fees, terms of payment
10.1 Lessor will charge the Customer the fee for the rental and, if applicable, the reservation of the vehicle in accordance with the price and cost regulations. When concluding a rental contract or making a reservation via a Platform, different prices may apply, which will then be displayed in the corresponding application of the Platform. When a MILES Pass has been booked, the corresponding reduced prices shall apply, and the cost of the MILES Pass shall be invoiced separately to the Customer by Lessor. The charge to be borne by the Customer for the rental shall generally be based on the kilometers driven by the Customer and, if applicable, a one-off or opening fee. The applicable rate will be displayed to the Customer in the MILES app or in the corresponding application of the Platform before the start of each rental or reservation.10.2 After each rental, the Customer receives an automatically generated e-mail about the respective fee due. The fee is due immediately and without deduction. Invoices are sent by e-mail no later than ten calendar days after completion of the last rental within one calendar week. The electronic invoices entitle to input tax deduction if the legal requirements are met. If the rental agreement is concluded via a Platform, invoicing for Lessor may also be carried out via the platform.10.3 Payments at the conclusion of a rental contract or a reservation based on a user contract are made via the means of payment chosen by the Customer and accepted by Lessor. The following regulations apply:a) Lessor reserves the right to reject any means of payment indicated by the Customer and, among several means of payment indicated, to modify the means of payment selected by the Customer as the default means of payment. Lessor is entitled to use service providers to process the payment.b) By selecting the means of payment, the Customer authorizes Lessor to debit the respective means of payment with all remuneration (application fee, fee for the rental and reservation, if applicable), lump-sum payments and contractual penalties, as well as all other costs payable under the user contract and/or a rental contract. Lessor may authorize a reasonable amount as a security deposit through the selected payment method prior to the commencement of the rental.c) Payment by SEPA direct debit requires a current account maintained in the EU. In this case, the Customer revocably authorizes Lessor to collect the fees to be paid by the Customer by direct debit to the debit of the specified current account. By indicating the current account, the Customer confirms that he is entitled to direct debit via this current account. Upon request, Lessor must be provided with proof of the account authorization. In case of payment by SEPA direct debit, the Customer has to ensure sufficient coverage on his current account.d) Insofar as payment is made via the ePayment services of LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn ("LogPay"), the following shall apply: The collection of the immediately due fee claim is made by LogPay, to which this claim including any ancillary claims and fees has been sold and assigned (notice of assignment). LogPay is authorized to carry out the collection of the claim in its own name and for its own account and third party beneficiary of the following provisions with respect to the various payment methods. (i) Payment by direct debit: In the SEPA direct debit procedure, Customer will receive an advance notice by LogPay of the collection date and amount at least two days prior to collection of the debt. The advance notice will be sent by e-mail. The Customer must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit is returned by the Customer without authorization or if the collection of the debt from the Customer's payment service provider fails for reasons for which the Customer is responsible - in particular due to insufficient funds, incorrect or invalid account data or objection - the Customer is obligated to ensure that sufficient funds are available or that the reason for the payment failure is remedied so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for delay. (ii) Payment by credit card: Customer must ensure that the debt can be collected via credit card. If the Customer unjustifiably initiates a charge back (return of the amount) or if the collection of the debt fails for reasons for which the Customer is responsible, the Customer is obligated to ensure that sufficient funds are available or that the reason for the payment failure is remedied so that, in addition to the outstanding amount, the accrued third-party fees of the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for delay. (iii) Payment via PayPal: To pay via PayPal, the Customer selects PayPal as payment method. The Customer will then be directed to the PayPal page where to enter the required data. The Customer enters into a Billing Agreement with LogPay, under which the Customer's PayPal account is debited with the amount due. The Customer's booking can only be accepted if the debiting of his PayPal account is successful. The Customer will receive either a confirmation or rejection. If the amount of the claim is not fixed before the start of the trip, an amount will be authorized, the amount of which depends on the booked service. In the case of Lessor, the amount is 15 euros. Once the amount of the claim due is determined, the PayPal account will be debited with the amount of the claim due and the remaining authorized amount will be forfeited. The Customer's booking can only be accepted if the authorization is successful. If the due receivable exceeds the authorized amount, the difference due will be debited by a second transaction.e) In the event of non-execution or untimely payment, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations. If a collected amount is charged back by the bank and the Customer is responsible for this circumstance, the Customer shall bear the costs incurred by the return debit note. These costs shall be deducted from the lump-sum payment in accordance with the price and cost regulations. In view of the effort and costs involved in return debit notes, the Customer is requested not to object to the debit note in case of a complaint, but to seek clarification with Lessor first. In case of a justified complaint, the collected payment will be refunded to the Customer or a credit will be issued.f) The Customer authorizes Lessor to perform credit checks and credit agency inquiries as well as fraud prevention checks, this also applies during the term of a rental contract. g) If the Customer specifies means of payment that do not belong to him or for which he does not have clear authorization, Lessor reserves the right to refer the matter to law enforcement authorities and to file a complaint. Lessor is entitled to request proof and documents of authorization in relation to the means of payment indicated by the Customer.10.4 With respect to claims that are not based on the same contractual relationship, the Customer may assert a right of retention against Lessor only to the extent that its counterclaim is undisputed, has been finally adjudicated or is ready for decision. The Customer may transfer claims or other rights under the foregoing contracts to third parties only with the prior written consent of Lessor.10.5 Lessor is entitled to assign claims against the Customer to third parties at any time. The Customer will be informed about an assignment in the respective invoice. In this case, the Customer may only make payment to the assignee with debt-discharging effect.10.6 Payments upon conclusion of a rental contract or upon a reservation via a Platform will, if applicable, be processed via the respective Platform in accordance with the Platform Terms. Where applicable, Lessor will assign the claims against the Customer to the operator of the respective Platform.10.7 Credit or MILES Credits acquired by the Customer are either assigned to the user account with MILES if they are related to rental contracts that are (to be) concluded under the user contract. Or they are assigned to the Customer's account with a Platform if they are in connection with rental contracts that are (supposed to be) concluded under the corresponding Platform. In this respect, no use of such credits is available for the respective other way to conclude rental contracts.10.8 To the extent the Customer has made a payment for credit or MILES Credits assigned to the user account with MILES (if, for example, a discounted contingent has been purchased), the statutory limitation period shall apply to the redeemability. If the user contract has been terminated before the expiration of the statutory limitation period, a refund of the paid credit will be made to the Customer. To the extent that the Customer has not made any payment for credit or MILES Credits assigned to the user account with MILES (if, for example, the credit is based on a promotion by MILES), the period for redeemability depends on the respective reason for allocation; this period is displayed to the Customer at the time of allocation or in the MILES app under the item "Invoice History". If the user contract has been terminated before the expiration of the period for redeemability, allocated credit expires. For credit assigned to the Customer's account with a Platform, the Platform Terms apply.
11. Changes to the RTC
11.1 Lessor reserves the right to change these RTC and the price and cost regulations with effect for future rentals at any time.11.2 Amendments to the RTC shall be notified to the Customer in writing, by e-mail or in another suitable manner one month in advance.
12. General provisions and place of jurisdiction
12.1 The business relationship between Lessor and the Customer is governed by German law. If the Customer as a consumer has his habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in these RTC.12.2 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 shall apply if the Customer does not have a general place of jurisdiction in Germany, moves his place of residence abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought. Statutory mandatory places of jurisdiction remain unaffected.12.3 Should one or more provisions of these RTC be invalid or void, this shall not affect the validity of the contract in its remaining provisions.12.4 The European Commission provides a platform for online dispute resolution (OS) under the link https://webgate.ec.europa.eu/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Right of revocation
Consumers shall have a right of revocation with respect to a MILES Pass subscription subject to the following provisions:Right of revocationYou have the right to revoke this contract within fourteen days without giving any reason.The revocation period is fourteen days from the date of conclusion of the contract.In order to exercise your right of revocation, you must inform us (MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin, telephone number: +49 (0) 30 83 799 699, e-mail address: hello@miles-mobility.com) by means of a clear notification (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of exercise of the right of revocation before the expiry of the revocation period.Consequences of the revocationIf you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.The Customer's right of revocation shall also expire if MILES has begun to perform the service with the first use of a MILES Pass after the Customer has given its express consent thereto and at the same time confirmed its knowledge that it will lose its right of revocation upon full performance of the user contract by MILES.Sample revocation form(If you want to revoke the contract, please fill out and return this form).- To MILES Mobility GmbH, Leibnizstraße 49, 10629 Berlin Phone number: +49 (0) 30 83 799 699, e-mail address: hello@miles-mobility.com- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)- Ordered on (*)/received on (*)- Name of the consumer(s)- Address of the consumer(s)- Date, signature of the consumer(s) (only in the case of notification on paper)(*) Delete as applicable
