Attention ūüö®

These terms are valid until September 17th 2022. You can find our new terms here.

GENERAL TERMS AND CONDITIONS

Valid as of February 2022

1. Subject matter

1.1 These General Terms and Conditions ("GTC") govern the business relationship between MILES Mobility GmbH ("MILES") and persons who use MILES’ services in the context of registering a user account (user contract) and/or purchasing and using a supplementary subscription model ("MILES Pass") and/or renting vehicles (rental contract) ("Customers").

1.2 Where applicable, rental agreements with MILES may also be concluded via mobility platforms operated by third parties (each a "Platform"), in which case no user contract is required. In such cases, the general terms and conditions of the respective platform (each the "Platform Terms") shall apply in addition, whereby the contractual partner of the Customer under the rental contract shall always be MILES. In any case, the provisions of these GTC apply to rental contracts without limitation.

1.3 These GTC are supplemented by the price and cost regulations, which are available at 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 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.

1.4 To the extent necessary for the use of MILES' services, the Customer shall provide for the possibility of mobile data communication with the end device and shall bear the costs of data transmission incurred vis-à-vis its mobile network provider.

1.5 Further information on MILES and its services, as well as on what to do in the event of an accident, can be found in the FAQ at https://miles-mobility.com/faq. If the Customer is subsequently required to contact MILES, the telephone number of the service team as provided in the MILES app must be used for this purpose.

1.6 The contract language is German. If a different language version of these GTC is available, the German version shall take precedence.

2. Registration, user contract, MILES Pass

2.1 Registration by the Customer for an individual user account takes place via the MILES website at www.miles-mobility.com or via the MILES app, which can be downloaded to the end device free of charge via the Google Play Store or the Apple App Store.

2.2 By entering the requested data and confirming these GTC in the registration process, the user contract between the Customer and MILES is concluded when MILES sends the corresponding confirmation with an activation link and the Customer has clicked on the activation link. For the registration of a user account a registration fee according to the price and cost regulations has to be paid.

2.3 There is no claim to the conclusion of a user contract. MILES reserves the right to refuse a registration without giving reasons, especially if there is reason to believe that the potential Customer will not behave in accordance with the contract.

2.4 A Customer may not register multiple times in parallel or maintain multiple user accounts with MILES. In case of multiple registrations or registration with false/falsified data, MILES reserves the right to claim contractual penalties according to the price and cost regulations.

2.5 When registering, the Customer enters a password of choice, which is used to access the MILES app once it has been activated. In addition, the Customer selects a personal PIN with which a rental can be started. The Customer can change the password and the personal PIN at any time via the user account.

2.6 The Customer undertakes to keep the password and PIN carefully and separately and never to disclose the password or PIN to third parties. The Customer must choose the password and PIN in such a way that it cannot be easily guessed or copied. In particular, it must not be kept unattended or in an openly readable form. The Customer must always ensure that the data relating to the user account is protected and that no third party has access to this data in any way. For this purpose, the user is obliged to protect the end device from third party access with a separate password or an appropriate security (Face-ID, PIN, fingerprint). MILES reserves the right to restrict the use of the MILES App or to exclude the Customer from using it, provided that no access restriction (Face-ID, PIN, fingerprint) is activated on the end device. 

2.7 If third parties obtain and/or misuse the password/PIN and/or other data relating to the user account, the Customer is obliged to inform MILES immediately. The Customer must then substantiate the incident; evidence of the filing of a police report is not sufficient for this purpose. 

2.8 In the event of a culpable breach by the Customer of the duties of care with regard to the handling of the password and PIN as well as the procedure in the event of third-party access, the Customer shall in principle be liable in accordance with the statutory provisions for all resulting damage, in particular if this has enabled theft, damage or misuse of a vehicle. Furthermore, the Customer is generally liable for all damages incurred by MILES as a result of a culpable failure to report the acquisition and/or misuse of the password/PIN and/or other data related to the user account in a timely manner. The provisions on liability pursuant to clause 12 apply.

2.9 The Customer is obliged to notify MILES immediately of any change in his data (name, address, e-mail address, mobile phone number, means of payment). In case of breach of this obligation by the Customer, the Customer shall be liable in particular for damages and consequential damages resulting from outdated or incorrect data. The provisions on liability according to clause 12 apply. If the data is not up to date, MILES reserves the right to block the Customer's user account.

2.10 The user contract is concluded for an indefinite period of time and can be terminated by either contracting party in text form (e.g. letter, e-mail) with two weeks' notice to the end of the month.

2.11 The right of the contracting parties to an extraordinary termination of the user contract and/or a rental contract and/or a MILES Pass remains unaffected. In particular, MILES may terminate without notice and exclude the Customer from any use of the vehicles if the Customer
a) is in arrears with two payments due,
b) has provided incorrect information or concealed facts during registration, verification or in the course of the contractual relationship with MILES and therefore MILES cannot reasonably be expected to continue the contract,
c) does not refrain from serious violations of the contractual relationship with MILES 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 GTC.

2.12 If the user contract and/or a rental contract and/or a MILES Pass has been extraordinarily terminated in accordance with clause 2.11, MILES 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, MILES is entitled to take possession of the vehicle at the Customer's expense.

2.13 If the user contract is terminated, MILES is entitled to continue to store the data from the user account (in particular the data relating to processed rental contracts) in order to perform any outstanding billing and to process any outstanding official or criminal charges and/or investigations. Subject to further legal justification, this shall apply in any case for a storage period of 24 months, as this is regularly required for the aforementioned purposes. 

2.14 The purchase of a MILES Pass is possible exclusively via the MILES app and requires a fully registered user account under a user contract.

2.15 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 MILES has sent acceptance of the offer by means of a confirmation to the e-mail address provided by the Customer.

2.16 The purchase price of the MILES Pass is due immediately and cannot be paid by existing credit ("MILES Credits").

2.17 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.

2.18 The application of the MILES Pass to rental agreements concluded via a platform operated by third parties is excluded.

2.19 Different MILES Passes cannot be combined. In addition, a MILES Pass cannot be combined with other discounts or special offers, unless otherwise communicated by MILES.

2.20 A MILES Pass is not transferable to another Customer.

2.21 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 MILES.

2.22 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.

2.23 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.

3. Authorization of use, driver's license, verification

3.1 Only natural persons are entitled to use the service as Customers and, in particular, are entitled to reserve vehicles and conclude rental agreements if they 

  • have concluded a user contract with MILES in accordance with these GTC, have a user account activated by MILES, have successfully completed the verification process in accordance with section 3.2, and have the MILES app with the latest software version on their end device,

or

  • are given the opportunity to conclude rental agreements with MILES via a platform in accordance with these GTC,

and in both alternatives

  • have reached the minimum age of 18 years (in the case of bookings via a platform, the conclusion of rental contracts by novice drivers may be excluded),¬†

  • are in possession of a driving license required to drive the respective vehicle and valid in Germany and fulfill all conditions and requirements contained therein, if any, and

  • have a registration address in Germany or in another state of the European Union.

3.2 In order to conclude rental contracts, the Customer must have his identity and driver's license checked and verified.

  • When concluding rental contracts based on the user contract, verification takes place by the Customer calling up the verification function in the MILES app. The Customer can then check and verify the validity of the driver's license and identity by photo/video. MILES is authorized to use service providers to handle the verification process. Upon request by MILES, the Customer shall again go through a verification process to prove the identity or the current validity of the driver's license. MILES is entitled to request additional documents and records from the Customer for registration and verification purposes.

  • When concluding rental contracts via a platform, verification takes place by going through the corresponding process on the platform.

3.3 The authorization to rent and/or use vehicles shall expire if the Customer's driving license has been revoked or the Customer's driving license has been temporarily seized or confiscated. For the duration of a driving ban imposed by a court or the authorities, the Customer's corresponding authorization is suspended. In case of restriction of the driving license, MILES reserves the right to withdraw the authorization to rent and/or use vehicles.

3.4 The Customer shall immediately notify MILES of the revocation or restriction of its driver's license, the effectiveness of a driving ban, or any temporary seizure or impoundment of its driver's license. The notification may be made by telephone or by e-mail.

3.5 The Customer is prohibited from renting and/or driving a vehicle without authorization to rent and/or use it in accordance with Section 3.1. 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. 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 12 apply.

3.6 MILES 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 and/or to block a user account or the possibility to conclude rental contracts via a platform. 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 2.11. 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.

4. Rental contracts and reservations

4.1 For Customers authorized to rent and/or use vehicles in accordance with these GTC, MILES 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. MILES reserves the right to decide freely on the conclusion of rental contracts. The Customer has no claim to a specific vehicle or to the conclusion of a rental contract.

4.2 "Business Area" means the area within the boundaries of which the respective vehicle can be rented 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 MILES. 

4.3 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 and have selected a means of payment there and stored the corresponding data. MILES 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 GTC.

4.4 The Customer can reserve a selected vehicle via the MILES app or corresponding application of the platform. MILES 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. MILES reserves the right to refuse multiple or consecutive reservations. 

4.5 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.

4.6 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 MILES 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 MILES 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 MILES. 

4.7 The rental ends when the Customer has duly terminated the rental process in accordance with clause 6, or when MILES is entitled to terminate the rental in accordance with these GTC and unilaterally terminates the rental.

5. Treatment and use of the vehicles

5.1 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 MILES. 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 MILES to agree whether the journey can be continued. MILES 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 12 apply.

5.2 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.

5.3 In addition, the Customer is prohibited from:
a) using the vehicle for travel outside Germany and the other territories expressly approved by MILES 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 ‚Äį 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, MILES 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 MILES),
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).

5.4 Violations of the prohibitions in clauses 5.2 and 5.3 entitle MILES to terminate the user contract and 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 5.2 and 5.3, 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 12 shall apply.

5.5 MILES is entitled at any time to take back the vehicle in agreement with the Customer and to replace it with a comparable MILES vehicle. If the MILES vehicle is not roadworthy, no rental fee will be charged to the Customer.

5.6 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.

5.7 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. 

6. End of the rental

6.1 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, MILES also offers the possibility of using parking spaces on private property in cooperation with partners. These spaces are clearly defined by MILES or by the respective partner. By using these spaces, the Customer accepts the regulations of the respective partner and is bound by its instructions. 

6.2 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.

6.3 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 MILES service team before the Customer abandons the vehicle. The rental process can then also be terminated by MILES, it ends in such cases with the confirmation by the service team. 

6.4 MILES reserves the right to automatically initiate the end of the rental period after the vehicle has been properly parked. MILES also reserves the right to initiate the end of the rental if the rental contract can be terminated according to clause 2.11. In case of such termination, the Customer shall not be entitled to any return transport by MILES from the place where the rental was terminated and shall not be entitled to any corresponding compensation. 

6.4 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.

6.5 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. 

6.6 If the termination of the rental fails due to technical reasons, the Customer is obliged to report this to MILES immediately in order to coordinate the further procedure with MILES. Additional rental costs incurred will be refunded after verification by MILES 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.

6.7 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 MILES 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.

6.8 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.

6.9 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 MILES of the parking location. In these cases, the Customer will be charged a lump-sum payment in accordance with the price and cost regulations.

6.10 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.

6.11 MILES is entitled to recalculate costs for a rental also subsequently, should the Customer have parked the vehicle contrary to the obligations in these GTC. This applies in particular in the event that the Customer has parked the vehicle in underground garages, no-parking areas or parking garages or no mobile connection could be established with the vehicle.

7. Return of the vehicle

7.1 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.

7.2 If there is no agreement between MILES and the Customer on the proper condition of the vehicle upon return, including any existing damage, defects and their valuation, MILES 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. 

7.3 If the Customer has not returned the items according to clause 7. 1 letter c) and/or d) 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.

8. Refueling

8.1 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.

8.2 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 MILES 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.

8.3 The Customer undertakes to use the fuel card exclusively for refueling the vehicle rented from MILES. MILES reserves the right to report any other use of the fuel card to the competent law enforcement authorities.

9. Obligations in the event of accidents, damage, theft, destruction and other loss of the vehicle

9.1 Accidents, damage, theft, destruction and/or other loss of the vehicle must be reported to MILES immediately and directly by telephone.

9.2 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 MILES immediately and to coordinate the further procedure with the service team. In case of accidents with injured persons, the fire department has to be informed immediately.

9.3 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 MILES to continue its use and (ii) has verified that the vehicle is in roadworthy condition. 

9.4 The Customer is obliged to forward to MILES truthfully the completed damage form and a written accident report within the time limit set by MILES for this purpose, but no later than three calendar days, and to provide MILES 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 MILES incurs costs due to an incorrect description of the course of the accident by the Customer (e.g. costs for an expert), MILES is entitled to pass on these costs in full to the Customer. If no damage report is received by MILES within this period and therefore the accident cannot be processed and, if necessary, settled by the insurance company, MILES 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 12 apply.

9.5 All instructions of MILES 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 MILES and, in particular, may affect the settlement of any liability claims to the detriment of MILES (jeopardizing insurance coverage). If, despite the prohibition, a commitment of liability is given, this commitment applies only directly to the Customer itself. Neither MILES nor insurers are bound by this commitment.

9.6 If third parties gain access to a MILES vehicle via the Customer's user account or platform account, the Customer is obliged to inform MILES immediately. The Customer must then substantiate the incident; evidence of the filing of a police report is not sufficient for this purpose. In the event of a culpable breach of the aforementioned obligations by the Customer, the Customer is generally liable in accordance with the statutory provisions for all resulting damages, in particular if theft, damage or misuse of a vehicle was thereby made possible. The regulations on liability pursuant to clause 12 shall apply.

9.7 Even in the event of an accident, the rental agreement will only be terminated after proper return as defined in clause 6; in particular, the rental may be terminated upon request by the MILES service team, if applicable. If the vehicle is no longer roadworthy or roadworthy due to the accident, the rental agreement will end upon handover to the towing company after consultation with MILES. If the vehicle is no longer roadworthy or roadworthy, the Customer is responsible for all costs incurred in returning the vehicle to MILES in case of self-inflicted accidents. The decision whether a vehicle is still roadworthy or not is made by MILES. Exclusively MILES is responsible for the selection of the repair shop for the repair in case of damage.

9.8 Compensation payments in connection with damage to vehicles are due solely to MILES. 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 MILES without being asked to do so.

10. Contractual penalties and lump-sum costs

10.1 To the extent that the Customer is obligated to pay a contractual penalty or a lump-sum payment pursuant to these GTC or the applicable price and cost regulations, the assertion of further damages by MILES remains unaffected. Any forfeited contractual penalty or lump-sum payments will be credited against the corresponding claim for damages by MILES.

10.2 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. MILES is, upon appropriate proof, free to claim further damages in excess of the lump-sum payments.

11. Liability of MILES

11.1 MILES 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, MILES 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 MILES 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 MILES. The liability of MILES for initial material defects of the vehicle irrespective of culpable breach is excluded.

11.2 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.

11.3 The limitation of liability also applies with regard to the handling of lost property.

12. Liability of the Customer and insurance coverage

12.1 The vehicles to be rented are covered by liability insurance to the extent required by law. Unless otherwise stipulated in these GTC, 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.

12.2 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.

12.3 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 GTC. 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 MILES from claims of third parties.

12.4 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. The Customer is considered to be a novice driver with an increased deductible if he has held a valid driving license for less than twelve months.

12.5 The limitation of liability to the deductible according to clause 12.4 does not apply if the Customer has caused the damage intentionally. If the Customer has caused the damage by gross negligence, MILES 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.

12.6 The limitation of liability to the deductible according to clause 12.4 shall also not apply if the Customer has intentionally disregarded provisions of these GTC, in particular the obligations and prohibitions in clauses 2.6 through and including 2.9, clause 3.5, clauses 5.1 through and including 5.3 as well as clauses 9.1 through and including 9.6. If the Customer has grossly negligently disregarded the respective provision, MILES 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. MILES 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 MILES or the insurer, unless the Customer has maliciously disregarded the provision. 

12.7 Intentionally false or untrue information or incomplete or delayed information may, in accordance with clause 12.6, 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, MILES’ 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. 

12.8 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 MILES against all fines and warnings, fees, costs and other expenses that authorities or other bodies levy against MILES on the occasion of the aforementioned violations. MILES 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 MILES for the processing of inquiries directed to MILES 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.

12.9 To the extent that MILES receives payments from insurance companies or third parties with respect to a claim, such payments will be credited against the Customer's indemnification obligations.

13. Fees, terms of payment

13.1 MILES 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 booking a MILES Pass, the corresponding reduced prices shall apply, and the cost of the MILES Pass shall be invoiced separately to the Customer. 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.

13.2 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 MILES may also be carried out via the platform.

13.3 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 MILES. The following regulations apply:

a) MILES 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. MILES is entitled to use service providers to process the payment.
b) By selecting the means of payment, the Customer authorizes MILES 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. MILES 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 MILES 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, MILES 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 MILES, 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 MILES 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 MILES to perform credit checks and Schufa 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, MILES reserves the right to refer the matter to law enforcement authorities and to file a complaint. MILES is entitled to request proof and documents of authorization in relation to the means of payment indicated by the Customer.

13.4 With respect to claims that are not based on the same contractual relationship, the Customer may assert a right of retention against MILES 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 MILES.

13.5 MILES 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.

13.6 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, MILES will assign the claims against the Customer to the operator of the respective Platform.

13.7 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.

13.8  If the user contract has been terminated, MILES Credits allocated to the user contract and a credit balance for which the Customer has not made own payments (if the credit balance is based on a promotion by MILES, for example) will expire. To the extent that the Customer has made own payments for the credit balance (if, for example, a credit was purchased as a discounted quota) and such credit has not yet been used, it will only expire if the user contract was terminated by MILES for cause due to the Customer's fault, otherwise such credit will be refunded to the Customer after termination of the user contract.  

14. Use of Customer data

14.1 The individual rental transactions are recorded by MILES with the start and destination location, start and destination time and duration of use via GPS and listed in the invoice. MILES is entitled to use service providers to determine the location of the vehicle.

14.2 MILES is entitled to collect, process and use the personal data of the Customer provided for the user account as well as the usage and vehicle data of the Customer (including data for the localization of the rented vehicle as well as the track data generated by GPS during the respective rental) to the extent necessary for the purpose of the performance of the contract or to protect the rights of MILES, in particular to prove and prosecute breaches of contract and/or criminal acts as well as to improve the offer of MILES by means of an evaluation. This also applies to data transmitted to MILES by a Platform for these purposes. Incidentally, this also applies to the (generic) location and movement data of the end device of the respective user. In this context, the vehicles may have functionalities that enable MILES to process location data as well as information about the vehicle status (locking, speed, sensor data).

14.3 MILES is entitled to contact the Customer by telephone if there is a specific reason, e.g. to determine the cause of a malfunction. This applies in particular
a) in case of disruption of the rental or usage process, e.g. if the Customer opens the vehicle but does not start the journey within ten minutes after opening,
b) if the vehicle was locked with the key but the rental was not terminated via MILES App, or
c) if the rental lasts for a very long time and it cannot be excluded that the Customer will have problems with the termination of the lease.

14.4 If the Customer uses services that are provided by a company other than MILES, MILES will transmit the necessary Customer data to the performing company for the performance and billing of these services. MILES reserves the right to disclose personal data of the Customer to law enforcement authorities within the scope of data protection law.

15. Changes to the GTC

15.1 MILES reserves the right to change these GTC and the price and cost regulations with effect for future rentals at any time, provided that the changes are reasonable for the Customer.

15.2 Amendments to the GTC shall be notified to the Customer in writing, by e-mail or in another suitable manner one month in advance. The amendments are deemed to be approved and binding for an existing contractual relationship when they come into force, if the Customer does not object to them either in writing or by e-mail. This consequence will be specifically pointed out to the Customer when changes are announced by MILES. The Customer's objection must be sent to MILES within two weeks after notification of the changes.

16. General provisions and place of jurisdiction

16.1 The business relationship between MILES 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 GTC.

16.2 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.

16.3 Should one or more provisions of this contract be invalid or void, this shall not affect the validity of the contract in its remaining provisions.

16.4 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.

17. Right of revocation

Consumers shall have a right of revocation only with respect to the user contract subject to the following provisions:

18. Revocation policy

Right of revocation

You 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 revocation

If 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 fully performed the verification service and has only begun to do so 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. The same applies to the first use of a MILES Pass.

19. 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