GENERAL TERMS AND CONDITIONS
Applies from 2 November 2022.
a. These GTC and the other contractual components (cf. clause 3) shall apply, unless otherwise agreed in writing, as the basis for all Mobility products and services and for all contractual relationships between Mobility and its customers (private and business customers, including members of the cooperative).
b. The current version of the GTC and the contractual components, which can be found on the Mobility website, shall apply in all cases. The German language versions of the GTC and respective contractual components shall prevail.
c. Any GTC or other provisions affecting customers are not valid without express written agreement.
a. “GTC”: The General Terms and Conditions of Mobility as amended from time to time.
b. “Booking” or “book” are synonyms of “reservation” or “reserve”.
c. “Business customers”: These are customers that are organised as a legal entity, company, state-related entity (municipalities, universities, etc.) or similar, and that purchase Mobility’s products and services for their employees (regularly in fulfilment of their “business purpose” in the broadest sense). The provisions specifically applicable to business customers are set out in clause 26.
d. “Vehicle(s)”: All vehicles made available by Mobility for use by its customers. They are divided into different categories.
e. “Mobility”: Mobility Cooperative domiciled in 6343 Rotkreuz.
f. “Party/ies”: Mobility and its respective customers (private and/or business).
g. “Partner vehicles”: Vehicles operated by Mobility’s partner companies, thus not by Mobility itself, e.g. car rental partners.
h. “Articles of Association”: Articles of Association of Mobility Cooperative.
i. “Access medium” or “access media”: All means of accessing the vehicles such as smartphone, Mobility Card or any cards of partner companies, e.g. SwissPass.
3. CONTRACTUAL COMPONENTS
a. Unless the parties explicitly agree otherwise, the following contractual components (in physical or electronic form) shall form part of every contract between Mobility and its customers:
- Product descriptions (to be found e.g. on the website, sometimes also only in the customer portal [e.g. those that are no longer offered as new]);
- Offers and rates, respectively offers and rates for business customers;
- Fair Play and fees;
- How it works;
- Articles of Association (these apply to members of the cooperative only);
- Any other provisions issued by Mobility.
c. If customers are also members of the Mobility cooperative, their membership rights and obligations shall be governed by the Articles of Association.
d. If the parties additionally conclude an individual contract or agree on individual provisions, these shall take precedence over the GTC and other contractual components.
4. DRIVE MODES AND COSTS
a. Customers may use the vehicles at Mobility locations following prior reservation in accordance with the provisions contained in the contractual components.
b. Mobility offers a variety of driving modes. Mobility may amend the existing drive modes and introduce new ones at any time.
c. There is a charge for use of the vehicles: the details are governed in the contractual components as per clause 3.
5. CONCLUSION OF AGREEMENT
a. By registering for a Mobility product or service, customers submit a binding application and acknowledge Mobility’s contractual components (cf. clause 3).
b. The agreement between customers and Mobility enters into force when Mobility unconditionally accepts the registration.
c. The registration and its acceptance can occur in writing (including email) or online.
d. Customers shall submit a valid email address.
e. Customers holding a driving licence but who are aged under 18 may conclude an agreement with Mobility only with the consent of their legal caregiver. The consenting legal caregiver is jointly and severally liable with the minor.
f. Mobility reserves the right to obtain all and any information required for the processing of the contract and the use of the vehicles (credit check, driving licence check, reductions entitlement check, etc.) from public authorities, partner companies and private individuals, and to request a photo (including selfie) from the customers.
g. Mobility may reject applications without stating any reasons.
6. DRIVING LICENCE
a. During their application, customers confirm that they hold a driving licence valid in Switzerland that entitles them to drive vehicles in the corresponding category. Prior to conclusion of the contract, customers are required to provide Mobility with a clearly legible copy as specified, e.g. as a scan for uploading.
b. Mobility must immediately be notified of any withdrawal or expiry of the licence.
c. The use of vehicles without a valid driving licence is prohibited and will lead to administrative and/or criminal proceedings.
d. Customers themselves are responsible and liable for complying with all requirements and restrictions indicated in the driving licence. Failure to comply with this may result in customers being held liable for damages and laying themselves open to administrative and/or criminal proceedings.
e. Customers hereby authorise Mobility to check with the licensing authorities at any time during the legal relationship as to whether they hold a valid driving licence at the time of the check and whether it has been withdrawn.
7. RIGHT OF USE AND WHEN IT STARTS
a. The customer’s right of use starts upon receipt of the confirmation of acceptance from Mobility, subject to successful verification of the driving licence.
b. Mobility reserves the right to withdraw the right of use at any time and without stating reasons (cf. clause 8 m) or to refuse requests to use.
c. Mobility reserves the right to introduce usage limits per customer or per product at any time. Mobility can amend these at any time.
d. Third parties have no right of use. They may not drive a vehicle under any circumstance (cf. clause 12 c).
8. LOGIN AND ACCESS MEDIA
a. Mobility issues customers with personal, non-transferable login credentials (such as a Mobility number and Mobility PIN code/password).
b. Customers can use their own smartphone and Mobility app as access medium.
c. Customers can be issued with an access medium if required. Mobility may charge a fee for this.
d. The access medium grants access to the vehicles.
e. Partner organisations (public transport, universities, etc.) can issue their own access media (such as employee cards), provided they are approved by Mobility.
Responsibility for such access media lies with the partner organisation or customer, e.g. for issuance, replacement, misuse and resulting damages, etc. The regulations of the partner organisation shall apply. Mobility assumes no responsibility in this regard.
f. Customers can hold more than one access medium, e.g. from Mobility and a partner organisation. Customers are prohibited from making simultaneous use of multiple access media for multiple simultaneous journeys. One access medium may only be used to operate one vehicle at a time.
g. Access media must be kept safe.
h. Access media are personal, non-transferable and may not be shared with third parties.
i. Loss or theft of an access medium must be reported immediately to the 24h Service Center and – if issued by a partner organisation – to the to the partner organisation.
j. Mobility and/or the partner organisation may charge a fee for replacing a lost, stolen or damaged access medium; the same applies to blocking.
k. Customers are liable for any misuse of the access medium, e.g. unauthorised sharing or failure to report its loss. Mobility is entitled to seek redress from the culpable party.
l. Customers must notify Mobility and the authorities of any misuse.
m. Mobility reserves the right to withdraw or block the access medium at any time without stating reasons (cf. also clauses 7 b and 25 g). Blocking leads to the access medium losing its validity for procuring services. As a result, existing reservations are cancelled. The reduction of any existing claims asserted by Mobility and/or the reimbursement of any payments that have already been made are excluded, as are claims for damages by the party entitled to the access medium or the party indirectly entitled to use it. Any use of a blocked/invalid access medium is prohibited. Mobility reserves the right to claim damages and pursue sanctions under administrative/criminal law.
9. VEHICLE RESERVATION AND RENTAL ACCESS GROUP
a. Customers must reserve a vehicle of the desired category in accordance with Mobility’s specifications.
b. Customers living in the same household or working in the same organisation can be part of a rental access group and thus be able to use their access medium (except smartphone) to use reservations of other members of that group. The original person making the reservation does not have to be in the vehicle during the journey.
c. Mobility customers not part of a rental access group may drive a Mobility vehicle, provided that the original person making the reservation is in the vehicle during the journey.
d. Changes to the reservation are possible, provided that the desired vehicle is available. Cancellations are also possible. Both may be subject to charges (see Fair Play and fees for details).
e. A request to extend a current reservation must be made before the latter expires. If the reservation has expired, a new one must be made.
f. When making a reservation, enough time must be allowed to ensure that the vehicle can be returned punctually.
a. Mobility does not provide any vehicle accessories, e.g. child safety seats, roof racks, trailer couplings, dog guards, etc.
b. All Mobility vehicles come with a Swiss motorway toll sticker insofar as the vehicles are approved for motorway use.
c. Customers are responsible for obtaining and paying other Swiss and foreign charges such as environmental vignettes or traffic tolls (cf. also clause 21 d).
d. Mobility takes care of the regular maintenance and cleaning of the vehicles.
11. DETERMINATION OF DISTANCE TRAVELLED
a. Calculation of the number of kilometres driven begins and ends at the Mobility location at which the vehicle is habitually stationed.
b. A discrepancy of up to 5% between the distance travelled as calculated by the on-board computer and by the vehicle‘s odometer is deemed acceptable by the system. In a scenario such as this, the value calculated by the on-board computer shall prevail.
12. USING THE VEHICLE: PREREQUISITES, REQUIREMENTS AND BEHAVIOUR
a. Customers are entitled to use vehicles only if they have a valid reservation (cf. also clause 9 a).
b. Before driving off, customers must check that the vehicle has no damage and is in a safe operating condition. In the case of electric vehicles, must also check that there is a charging cable on board. Damages and/or defects must be reported before starting the journey by telephone (cf. clause 17 b).
c. Customers must drive the vehicle themselves and may not leave the vehicle or the driving to third parties (cf. however clause 9 b and c).
d. Learning to drive is generally permitted, provided that the supervising person also holds a valid Mobility product and the legal requirements are met. However, Mobility may invalidate certain products. Customers are responsible for ensuring that the vehicle is approved for learner drivers. Mobility provides appropriate decision-making help during the reservation process.
e. Passenger cars may only be used for carrying people. Bulky items should be transported in “Transport” category vehicles (vans). However, bulky items may also be transported in the cargo space of “Combi” (estate car) category vehicles. Seats, car boot covers or other vehicle installations may not be removed from the vehicle or dismantled.
f. Vehicles may not be driven under the influence of alcohol, medication or recreational drugs, or in any other condition affecting the ability to drive, e.g. overtiredness or illness.
g. Before and during the journey, customers must ensure that the fuel tank level or the battery charge level are sufficient to return the vehicle to the Mobility station or a permitted parking space at the end of the journey (cf. clause 14 b and also clause 13).
h. For reasons of hygiene, animals – insofar as their carriage is legally permissible – may only be transported in the boot in a dedicated container or on a blanket. The vehicle must be thoroughly cleaned afterwards at the customer‘s expense.
i. Smoking, including the use of e-cigarettes, is prohibited in the vehicles.
j. Windows and doors must be fully closed and locked during interim stops and at the end of the journey.
k. Vehicles may not be used:
- In a manner contrary to the provisions of road traffic law or other regulations;
- To tow or otherwise move another vehicle;
- For conveying third parties for gain, e.g. use as a taxi;
- For racing or other competitions;
- To transport hazardous substances of any kind;
- For driving off road or on roads not open to the public;
- At demonstrations or rallies;
- For the display of advertising;
- For skid pan training, driver training, etc. other than courses offered explicitly by Mobility or those for learner drivers prescribed by law.
l. Bicycles can only be parked in Mobility outdoor parking spaces as long as they do not obstruct access to other vehicles and are generally not in the way. Bicycles may not be parked in indoor parking facilities; they may be removed at customers’ expense and risk. Mobility is not liable for parked bicycles.
13. REFUELLING / CHARGING THE VEHICLES
a. Vehicles must be refuelled if the tank is less than one third full upon returning the vehicle. Mobility charges a fee for non-compliance.
b. If available, refuelling or charging of vehicles must be done with the fuel/power card provided in the vehicle. If, exceptionally, customers pay for the refuelling or charging themselves, the amount will be credited to them with the next possible invoice on submission of the original receipt (or a legible copy, scan or photo containing all relevant information such as amount, date and VAT numbers) and indication of the customer’s name and membership number and vehicle registration number.
c. When it comes to the use of non-Mobility charging stations, the rules of the respective provider shall apply. Mobility accepts no liability in connection with non-Mobility charge points. Customers shall alone be liable for any non-compliance with the provider’s rules, incorrect handling and/or damage to non-Mobility charge stations. Mobility will charge customers for any costs incurred in connection with non-Mobility charge stations. The provision pursuant to this paragraph shall apply analogously to petrol stations.
d. Customers are liable for the fuel/power card during the entire period of use they have reserved. The fuel/power card must be returned to its designated storage place immediately after use. Customers are liable for the loss of a fuel/power card for which they are responsible.
The fuel/power card may only be used to refuel/charge a Mobility vehicle. Any misuse of the fuel/power card (such as using it to refuel/charge a non-Mobility vehicle) will be reported to the police. The costs resulting from misuse shall be borne in full by the customer.
e. Refuelling with premium fuels (e.g. V-Power, Ultimate) is not permitted. Mobility may charge customers for the additional costs of such fuels.
f. Customers are responsible for ensuring that the vehicle is filled with the correct fuel. In the event of incorrect refuelling, the vehicle must not be started. Failure to comply with this requirement will result in customers being charged for the costs incurred.
g. In the case of electric vehicles, the cable tethered to the charge point must be plugged into the vehicle when the latter is returned. The vehicle display indicates whether the power supply is connected and charging has started. If the charge point does not have a tethered cable, the cable in the boot must be used. If the charging cable is not tethered to the charge point, it must be kept in the vehicle for the duration of the reservation to prevent theft. Non-tethered cables are marked with a red pennant.
14. RETURNING THE VEHICLE
a. At the end of the reserved period of use, the vehicle must be returned to the original Mobility station, or in case of a One-Way journey, to the agreed end location. The 24h Service Center must be notified by telephone without delay should it prove impossible to return the vehicle on time. Mobility charges a fee for late vehicle returns or returns to the wrong location.
b. If provided at the Mobility station, the vehicle must be parked in its designated parking space, e.g. vans in large spaces, electric vehicles at charge points.
c. The vehicle must be returned in a clean and operational condition.
d. Customers undertake to return all movable items (e.g. ice scraper, Blue Zone parking card, etc.) to their designated places in the vehicle.
e. Customers must, at their expense, clean away any clearly visible dirt inside and outside the vehicle for which they are responsible and dispose of any rubbish.
f. All battery-operated devices must be switched off. Vehicles with a start/stop switch must be switched off properly. Any resulting operational disruption (e.g. drained battery) due to an improper return of the vehicle will be dealt with by Mobility and invoiced in full in accordance with “Fair Play and fees”, including any invoices from third parties, e.g. towing, parking violations, etc.
g. If the vehicle comes with a key, it must be returned to the designated place or glove compartment after use.
h. Mobility does not accept any liability for items forgotten or stolen in the vehicle.
a. Customers undertake to pay for their journeys as well as for other products and services in accordance with the applicable contractual components.
b. Depending on the amount due, invoicing occurs at regular intervals.
c. Follow-up invoices are possible. Mobility can raise separate invoices for products or services purchased during the same period.
d. Debits and credits in foreign currencies are converted at the exchange rate applicable on the date of the transaction.
e. Invoices must be settled in full by the deadline stated. On expiry of the payment deadline, default automatically occurs in respect of the entire claim without reminder. Mobility charges a fee for each reminder (except the first payment reminder), and for all further steps taken to recover the debt.
f. Complaints regarding an invoice must be lodged in writing or by email within fifteen (15) days of receipt of the invoice; otherwise it will be deemed to be accepted.
g. If invoices due remain unpaid in whole or in part, Mobility may suspend or terminate the right of use at any time and without prior notice (cf. also clauses 7 b and 8 m).
h. Suspension or termination of the right of use, cancellation of existing reservations, cancellation of the contract and/or exclusion of defaulters do not entitle customers to a reduction of any existing outstanding debts or reimbursement of any payments that have already been made, or to compensation from Mobility.
i. In the case of members of the cooperative, Mobility also reserves the right of offset in accordance with Art. 11 para. 4 of the Articles of Association.
j. Mobility can assign its claims to third parties (e.g. debt-collection agencies) at any time without notifying the customer beforehand. customer are liable for all resulting costs and for settling with third parties directly.
a. Mobility generally accepts Reka money and vouchers. This does not apply to payment for damage events, for cooperative share certificates, for settlement of debts or for products and services of partner companies (in particular the renting of partner vehicles).
b. For Mobility to consider Reka money or vouchers for payment, the latter must reach Mobility no later than fifteen (15) days before the corresponding invoice is issued. Reka money or vouchers are not refundable. Only upon termination of the customer relationship shall Mobility transfer any remaining amount in CHF – at its discretion, to the customer’s Reka customer account, bank or postal account, after deduction of a Reka discount and a processing fee.
c. In exceptional cases, Mobility shall decide at its own discretion whether and to what extent it will refund Mobility vouchers. In respect of any payment, Mobility shall take into account at most the price actually paid by the customer and not the value of the voucher. Mobility charges a processing fee for each refund.
17. OPERATIONAL DISRUPTIONS AND DAMAGE BEFORE/DURING THE JOURNEY
a. Sensors in Mobility vehicles can measure impacts inside and outside the vehicle, which enables the originator of any damage to be identified.
b. Customers must report any damage and/or operational disruptions (such as vehicle defects) to the 24h Service Center by telephone.
1. If the damage and/or disruption occurs before the start of the journey (cf. also clause 12 b), the report must be phoned through before driving off. This also applies if the vehicle is not available before the start of the journey (cf. also clause 17 d).
2. If the damage and/or operational disruption affects the continuation of the journey and/or personal safety (customer, passengers or third parties), a report must be phoned through immediately.
3. In the event of anything else, the report must be phoned through at the latest before the end of the reserved period of use.
Customers should discuss what to do next with the 24h Service Center and follow its instructions.
c. What to do about breakdowns and accidents:
1. If the oil pressure, ABS or another red warning light comes on, the vehicle must be brought to an immediate halt and the engine turned off. It must not be driven any further.
2. If a breakdown or accident make it difficult to continue the journey and/or endanger safety, the vehicle must not be driven. In all other cases, the journey may be continued only if this is permitted under road traffic legislation and the vehicle will not suffer any further damage as a result.
3. The customer is obliged to wait by the vehicle until the breakdown service arrives.
4. In the event of an accident, the customer must complete a European accident protocol (form is in the vehicle) and send it to Mobility immediately.
5. The customer must not sign any acknowledgement of fault. It will not be accepted by Mobility.
6. Repairs may only be initiated by Mobility. Customers themselves are not permitted to effect repairs or have repairs done to the vehicle without permission from Mobility.
7. Only Mobility may call the breakdown service in Switzerland and abroad. Failure to comply will result in Mobility not assuming the costs of the breakdown service and/or charging said costs to the customer.
d. If the reserved vehicle is not available at the start of the reservation, the 24h Service Center will if possible make another vehicle available at the nearest possible Mobility station, subject to availability. There is no right to an equivalent replacement vehicle or to compensation. If rebooking is not possible, customers may, after consulting the 24h Service Center, use an alternative means of transport at Mobility’s expense, whereby a proportionate cost framework specified by Mobility must be adhered to.
e. Mobility is entitled to take recourse against the customer responsible for causing the unavailability of the vehicle after the end of the reserved period of use. In any unavailability scenario, Mobility may also charge the customer causing the unavailability the hourly rate and a fee.
f. All damage/costs arising from improper or inappropriate use of the vehicle or otherwise caused in breach of the contractual provisions (including those to the vehicle) shall be charged to the customer who was entitled to use the vehicle during the relevant period (cf. also clause 18 k).
g. All other damage to the vehicle (i.e. not covered by f above) and associated costs shall be charged to the extent of the deductible (cf. in particular clauses 18 i and j as well as 19 a) to the customer who was entitled to use the vehicle during the relevant period. This shall also apply to any damage/costs caused by third parties, insofar as Mobility has not been compensated by the third parties or their liability insurance (cf. also clause 18 k).
h. The customer who last used the vehicle before the damage report prior to the start of the journey is considered to have caused the damage, unless a timely report of the damage (cf. clause 17 b) or a police report indicates otherwise. If the damage is reported after the start of the journey, the customer entitled to use the vehicle during the relevant period shall be considered to have caused the damage, unless otherwise indicated by a timely report of the damage (cf. clause 17 b) or a police report. The provisions of g above shall remain reserved and applicable in any case
i. Operational damage (e.g. self-inflicted tyre damage, vehicle unable to move due to driving errors, above-average clutch wear due to improper operation, incorrect refuelling, mechanical damage due to incorrect handling) caused by customer negligence is not covered by any insurance and is chargeable to the customer in full
j. In order to determine the person who caused damage to the vehicle, Mobility may make use of driving records (cf. clause 17 a) and any other data that may be required
k. Damage will be repaired at the discretion of Mobility and its insurance company
18. INSURANCE PAYMENTS AND EXTENDED LIABILITY
a. Mobility insures the vehicles in accordance with the statutory provisions: it takes out third-party insurance cover, comprehensive and partial coverage insurance cover and passenger insurance cover (which also covers third parties) for each vehicle.
b. When it comes to the use of partner vehicles, the regulations of the respective partner company shall apply.
c. Third-party insurance covers personal injury and property damage caused to third parties by use of a Mobility vehicle, up to the sum insured. Mobility can seek redress from customers for all costs in excess of the actual insurance payment (including the insurance company‘s redress claims) if the customer has acted wilfully or with gross negligence or are in breach of the contractual obligations agreed with Mobility.
d. If Mobility, as motor vehicle owner, is liable for a loss event caused by the customer or for other reasons, the right of recourse against the customer is reserved to the extent of the policy deductible and fees of the insurance solution selected by the customer. In all other respects, c above shall apply.
e. The comprehensive insurance covers the following damage to vehicles:
- Comprehensive cover: partial coverage insurance (see below) and forcible damage (accident damage/collision)
- Partial coverage cover: theft-, fire- and weather-related damage; glass, animal and sliding snow-related damage,
- Damage caused by wilful acts of third parties (but only if a police report has been filed)
f. Passenger insurance (amounts per person):
- Death CHF 10’000
- Disability CHF 50’000
- Daily benefits (730 days within five years) CHF 10
- Daily hospital benefits (730 days within five years) CHF 10
- Costs of medical treatment (max. five years) unlimited
g. Passengers have direct claims under the passenger insurance cover. If required, Mobility assigns all insurance claims to customers to allow them to assert said claims in their own name.
h. Mobility recommends that customers take out their own personal accident insurance.
i. With regard to the policy deductible, the following rules apply:
- Third-party liability insurance policy deductible per claim: CHF 1’000
- Comprehensive coverage insurance policy deductible per claim: CHF 1’500
- Policy deductible in the event of damage covered by the partial coverage insurance: CHF 0
Maximum policy deductible per claim: CHF 2’500 total.
j. Special policy deductible cases:
- Additional policy deductible for inexperienced drivers (customers holding a driving licence for less than two years): CHF 500
- Additional policy deductible for young drivers (persons under 25 years of age): CHF 1’000
- Additional policy deductible for learner drivers: CHF 500, plus CHF 1'000 if the customer is under 25 years of age
Additional maximum policy deductible per claim: CHF 1’500.
k. The insurance cover does not constitute a waiver of contractual or non-contractual claims for damage of any kind on the part of Mobility against customers or third parties. Mobility reserves the right to assert such claims at any time (cf. also clause 17 f).
l. Mobility charges the customer concerned a fee for processing the liability or damage claim. This fee is not covered by the insurance or included in the policy deductible.
19. OPTIONAL LIABILITY REDUCTION COVER
a. With the products "Liability reduction" as well as "Liability reduction per journey", the policy deductible per claim/damage can be reduced from a maximum of CHF 2’500 (see clause 18 i) to CHF 300. The surcharges for learner drivers, inexperienced drivers and persons under 25 years of age as per the aforementioned clause 18 j remain unchanged. The same applies to the processing fee set by Mobility for handling the claim as per clause 18 l.
b. Liability Reduction cover can be obtained when concluding the contract or at a later date. Alternatively, “Liability Reduction per Journey” cover can be obtained before each journey.
c. In the case of new customers, Liability Reduction cover applies from the granting of the right of use if it is obtained at the same time as the application for right of use. If obtained at a later date, Liability Reduction cover applies for the specified duration.
d. Liability Reduction cover is personal and non-transferable. It can be cancelled separately at the end of the term.
e. Liability Reduction per Journey cover can be obtained on a reservation-by-reservation basis.
f. If Liability Reduction cover is obtained, it only protects the person in whose name it is made out. It does not cover a different person driving the vehicle. This is particularly relevant in the case of rental access groups (cf. clause 9 b and c) or if unauthorised persons (cf. e.g. clause 12 c) are driving the vehicle.
g. Liability Reduction does not apply if Mobility can take recourse against the customer as per clause 18 c. It also does not cover journeys in partner vehicles.
h. Following accidents and damage, Mobility shall be entitled to terminate the Liability Reduction cover without notice or to unilaterally withdraw the right of the customer concerned to obtain Liability Reduction per Journey cover in future. In the event of termination without notice, Mobility shall not reimburse the fee for the remaining term of the Liability Reduction.
20. TRAFFIC VIOLATIONS
a. The authorities notify Mobility of any fine or traffic violation (in Switzerland or abroad) involving a Mobility vehicle. Mobility informs the authorities of the name and/or company, address, date of birth and place of residence of the customer concerned and charges a fee for doing so.
b. The customer is responsible for any proceedings and all associated costs (lawyers’ fees, legal fees, fines, etc.).
c. If Mobility is exposed to third-party claims as a result of the conduct of a customer, it shall take such measures as it deems necessary and appropriate to safeguard its interests. Mobility shall inform the third party/parties of the name and/or company and address of the relevant customer and charge a fee for doing so.
d. The customer undertakes to reimburse Mobility for all costs in connection with such third-party claims and to indemnify Mobility in full against such claims.
21. TRAVELLING ABROAD WITH THE VEHICLE
a. Foreign travel is permitted in those countries for which insurance cover concluded by Mobility applies. Details may be found on the Mobility website.
b. If the Federal Department of Foreign Affairs advises against travel to a country to which Mobility allows, travel to that country is not permitted. In the event of non-compliance, the customer shall be liable for damages.
c. The customer shall observe traffic and other rules applicable in the respective country (also concerning prescribed vehicle and other equipment).
d. Foreign fees such as environmental charges, tolls, road traffic charges and motorway toll vignettes are the responsibility of the customer and cannot be obtained from Mobility.
e. Customers domiciled outside Switzerland reserving a vehicle are only allowed to drive it within Switzerland. It is the duty of customers to inform themselves at the competent customs office about the applicable legal provisions in relation to their individual situation.
22. DRIVING PARTNER VEHICLES
Journeys involving partner vehicles arranged through Mobility are subject to the provisions of the contract concluded between the customer and the respective partner company.
23. MOBILITY’S LIABILITY
a. Mobility does not accept any liability for damage or accidents suffered by customers on their way to or from or at the location where a Mobility vehicle is stationed.
b. Any liability on the part of Mobility for damage to customers and passengers is excluded to the extent permitted by law. This also applies to damage arising from system defects (e.g. on-board computer or reservation system) or vehicle defects.
c. Mobility excludes any liability in connection with the use of the vehicles for learning trips (cf. also clause 12 d).
24. CHANGES OF ADDRESS OR NAME
a. Mobility must be notified immediately in writing, by email or (where possible) via the customer portal of any changes to the information provided when the contract was concluded (e.g. changes of name, address or email) that may affect the contractual relationship or the provision of services by Mobility.
b. Until Mobility receives notification of the change, notifications from Mobility to the last name, address or email notified shall be deemed to have been validly delivered.
25. CANCELLATION AND TERMINATION OF THE CUSTOMER RELATIONSHIP
a. The legal relationship between Mobility and the customer shall run for an indefinite period, except in the case of products whose term is limited and which do not automatically renew. The terms of the products are regulated in the product descriptions.
b. The right of use and the customer’s other rights and benefits shall end upon termination of the legal relationship.
c. The legal relationship may be terminated by either party without notice.
d. Where terminations are concerned, the deadlines specified by Mobility in the product descriptions must be observed, except where Mobility permits termination with immediate effect. The termination must be verifiably dispatched for it to be valid. If the notice is not given in time, it shall be deemed not to have been given.
e. Notice of termination shall be given using the customer portal.
f. If a product is terminated, any related Liability Reduction cover shall also be deemed to terminate at the end of its term. No reimbursement shall be made for any remaining term of the Liability Reduction cover beyond the term of the product, not even on a pro rata basis.
g. Termination by / of a member of the cooperative shall at the same time be considered to be a declaration of resignation / exclusion from the cooperative within the meaning of the Articles of Association.
h. In the interest of honest and responsible customers, Mobility reserves the right to terminate customer relationships with customers who fail to comply with the contractual provisions – at any time without notice and without stating reasons. This also applies after conduct resulting in criminal proceedings and after a major loss event. Subject to the provisions of the Articles of Association for cooperative membership of Mobility.
26. ADDITIONAL PROVISIONS FOR BUSINESS CUSTOMERS AND BUSINESS PRODUCTS
a. The following provisions also apply to business customers and Mobility business products.
b. The business customer is the bearer of all customer rights and obligations vis-à-vis Mobility (including all payment obligations), regardless of which employees use which products or services. The business customer bears full responsibility for the use of the vehicles and the purchase of other products and services by the employees. Employees’ culpability shall be attributed to the business customer.
c. Mobility offers various business products, and can create further business products and modify or withdraw existing ones at any time. Current business products and the conditions attached to them are available on Mobility’s website.
d. In the case of business products, either a personal, non-transferable access medium is issued that bears the name of the employee authorised to use it, or a transferable one that can be freely transferred among employees.
e. The business customer is responsible for ensuring that employees are aware of, make a note of and comply with all the rights and obligations arising from the contractual relationship between Mobility and the business customer.
f. Mobility makes information available regarding changes, e.g. concerning products and services, contractual rules, prices, procedures, etc. as follows:
- In the case of business products with personal non-transferable access media, Mobility informs the employees concerned directly.
- In the case of business products with transferable access media, Mobility informs the contact person responsible for the access media.
- Mobility may also inform the company contact person(s) (cf. clause 26 p).
The business customer is required to keep employees with transferable access media updated regarding products and services, contractual rules, prices, procedures, etc.
Employees may only use the vehicles for purposes connected directly or indirectly with the purpose of the business customer.
g. When ordering, business customers determine the number of business products they need. Upward adjustments are possible at any time. Downward adjustments must take into consideration the minimum terms of the business products in question and the notice periods as per the offerings and tariffs for business customers.
h. By way of deviation from clause 7 a, authorisation to use business products with transferable access media begins with the receipt of the login credentials. By way of deviation from clause 6 a, in the case of business products with transferable access media, business customers are themselves responsible for ensuring that only employees holding valid driving licences drive the vehicles. By way of deviation from clause 8 a, login credentials for business products with transferable access media are transferable. By way of deviation from clause 8 b, smartphones cannot be used to access business products with transferable access media.
i. Business products with personal non-transferable access media can be transferred from authorised to other employees at any time. Mobility shall issue new access media to the newly authorised employees.
j. Employees authorised to use the vehicle must drive it themselves and may not leave the vehicle or the driving to unauthorised employees or third parties.
k. Learning trips are not permitted with business products with transferable access media.
l. Personal non-transferable access media may not be passed on to other employees or third parties.
m. Transferable access media can be used by employees designated by the business customer as authorised to use them.
n. Business customers must be able to provide Mobility and the authorities with information at any time about which employees are driving or have driven, when and with which transferable access media.
o. Any disclosure of statistical data and information to third parties must first be approved by Mobility in writing.
p. Business customers shall name their company contact person(s) upon conclusion of the contract; in all other respects, clause 24 applies.
q. Business customers cannot redeem Mobility vouchers.
r. All prices or amounts are exclusive of VAT, unless explicitly stated otherwise.
s. Cancellations by business customers must be made in writing or by email.
t. In the event of important reasons, Mobility may at any time and at its own choice:
- Cancel existing reservations;
- Withdraw the right to use individual or all business products without prior notice;
- Declare individual or all business products terminated without prior notice;
- Terminate the legal relationship with the business customer without prior notice. This causes the immediate termination of existing reservations and all business products.
Important reasons includes, in particular, payment defaults (despite reminders), improper handling of the vehicles, use of the vehicles by unauthorised third parties, and breach of key contractual obligations by the business customer and/or its employees.
27. FINAL PROVISIONS
a. These GTC replace all previous GTC of Mobility.
b. Mobility reserves the right to amend these GTC, ancillary contractual components and provisions as well as its products and services at any time. Such changes (including the loss of rights and benefits) shall not give rise to any right of termination on the part of the customer.
c. The customer shall have prior notification of any changes in an appropriate form and within a reasonable period of time. This excludes changes that affect partner companies or third parties; which will inform the customer themselves..
d. Changes shall be deemed to have been approved by the customer from the date of said change.
e. Customers who do not provide an email address or whose email address is no longer valid explicitly waive this communication channel. Said customers explicitly acknowledge that general information and information about changes to the contractual relationship, products and services, etc. will not reach them. As a result, all information is explicitly deemed received and all changes deemed accepted.
f. The contractual relationship between the customer and Mobility as well as rights and obligations arising therefrom are not transferable without the express consent of Mobility, unless provided otherwise by the GTC and ancillary contractual components (clause 3).
g. Customers violating the provisions of the GTC or ancillary contractual components shall bear any costs arising therefrom, e.g. as a result of additional expenses incurred by Mobility. Mobility reserves the right to recoup such costs. Some such costs are included in the “Fair Play and fees” contractual component.
28. APPLICABLE LAW AND PLACE OF JURISDICTION
a. The legal relationship between Mobility and the customer shall be subject exclusively to Swiss substantive law.
b. The place of jurisdiction for all disputes between Mobility and a customer domiciled in Switzerland shall be the customer’s place of residence or place of business. Customers domiciled in Switzerland may also issue proceedings against Mobility at its place of business. The exclusive place of jurisdiction for all disputes between Mobility and customers domiciled abroad shall be Mobility’s place of business.
c. The exclusive place of jurisdiction for all disputes between Mobility and business customers shall be Mobility’s place of business.