General Terms and Conditions

Apply from 20 May 2025.

• Articles 2d and et sqq: Addition of term and regulations for “vehicle community”
• Articles 2g and et sqq: Addition of term and regulations for “organisation”.  
• Articles 3a no. 8 and 3d: Addition of contractual component configuration form
• Article 5: Regulation for two-level authentication. 
• Articles 10c and d: Regulation on cost coverage by the customer with third-party fees such as paid parking spaces, car transport and ferry, etc.  
• Article 13: Simplification of formulation of text. New letter f to regulate charging of electric vehicles
• Articles 17c , 3: Onward journey in the event of breakdowns and accidents will be organised and dealt with by the breakdown service.

Relevant for business customers, organisations and vehicle communities

• Article 26: Article was revised, extended and receive the title “Business customers, their employees and business products”
• Article 27: New article which regulates the provisions for the “organisation”
• Article 28: New article which regulates the provisions for the “vehicle community”
• Article 29: New article which regulates the provisions for “transferrable business customer access media”

a. These GTCs and the other contractual components (cf. Section 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, organisations; including cooperative members).

b. The current version of the GTCs and the contractual components, which can be found on the Mobility website, shall apply in all cases. The German language versions of the GTCs and respective contractual components shall prevail.

c. Any general terms and conditions or other provisions affecting customers as well as any other provisions deviating from these GTCs and/or further parts of the contract are not valid without express written agreement.

a. “GTCs”: The General Terms and Conditions of Mobility as amended from time to time.

b. “Booking” or “book” are synonyms of”reservation” or “reserve”.

c. “Vehicles”: All vehicles made available by Mobility for use by its customers. They are split up into different categories.

d. “Vehicle community”: Group of (only) natural persons who join together in a simple community with the purpose of taking over a Mobility placement-share (see the specific regulations in Section 28).

e.“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 Sections 26 and 29.

f. “Mobility”: Mobility Cooperative based in 6343 Rotkreuz.

g. “Organisation”: The “organisation” is the non-private customer, which is organised as a legal entity, company, state-related entity (municipalities, universities, etc.) or similar, and that make a contribution to use and/or to offer car sharing and Mobility’s products and services for their authorised users (who are not employees) or make them available to them. The provisions specifically applicable for organisations are set out in Section 27.

h. ”Party/ies”: Mobility and its respective customers (private and/or business and organisation or vehicle community).

i. “Partner vehicles”: Vehicles operated by Mobility’s partner companies (thus not by Mobility itself), e.g. car rental partners.

j. “Articles of Association”: Articles of Association of Mobility Cooperative.

k. “Before the journey start”: Before the vehicle is set in motion or drives off.

l. “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.

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:

1. GTCs;
2. Privacy policy;
3. 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]);
4. PRODUCTS AND PRICES or PRODUCTS AND PRICES FOR BUSINESS CUSTOMERS, ORGANISATIONS AND VEHICLE COMMUNITIES
5. Fair Play and Charges;
6. How it works;
7. Articles of Association (these apply to cooperative members only);
8. For the business customers and the organisations: The respective configuration forms and the other documents linked therein;
9. Any other provisions issued by Mobility.

a. If any contractual components are found to be contradictory, they shall apply in the following order: 1. GTCs, 2. Privacy policy, 3. Product descriptions, 4. Products and prices or products and price for business customers, organisations and vehicle communities, 5. Fair Play and Charges, 6. How it works, 7. Any other Mobility provisions.

b. If customers are also members of the Mobility Cooperative, their membership rights and obligations shall be governed by the Articles of Association.

c. If the parties additionally conclude an individual contract or agree on individual provisions, these shall take precedence over the GTCs and other contractual components. With the business customers and the organisations, the respective configuration forms and the other documents linked therein apply as individual contracts and provisions.

a. Customers may use the vehicles stationed at Mobility locations following prior reservation in accordance with the provisions contained in the contractual components.

b. Mobility can offer a variety of drive 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 Section 3.

a. By registering for a Mobility product or service, customers submit a binding application and acknowledge Mobility’s contractual components (cf. Section 3).

b. The agreement between customers and Mobility enters into force when Mobility unconditionally accepts the registration.

c. Both registration and acceptance are performed online.

d. Mobility always uses a two-level authentication. This requires a smartphone that can receive SMS.
If the customer does not have a corresponding device, Mobility can carry out one-level authentication as an exception and at its own discretion. Any problems resulting from this shall be borne by the customer. However, Mobility can also refuse to perform one-level authentication without further consequences.

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 is entitled to reject applications without stating any reasons.

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 in the specified form (e.g. as a scan) and type (e.g. as an upload).

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 suspended or withdrawn.

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. Section 8 m, Section 25 h) 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 modify these at any time.

d. Third parties have no right of use. They may not drive a vehicle under any circumstances (cf. Section 12 c).

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, non-transferable 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. An access medium may be used to operate only 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. The provisions of Section 29 remain reserved.

i. Loss/theft/disappearance of an access medium must be reported immediately to the 24h Service Center and – if issued by a partner organisation – to the latter.

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 access media and login data (e.g. unauthorised sharing of the access medium or failure to report its loss). Mobility is at liberty to seek redress from the culpable parties.

l. Customers must notify Mobility and the authorities at all times of any misuse of its login and/or access medium.

m. Mobility reserves the right to withdraw or block the access medium at any time without stating reasons (cf. also Sections 7 b, 25 g and 25 h). Blocking leads to the access medium losing its validity for procuring services. As a result, existing reservations are canceled. 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. The right to claim damages and pursue sanctions under administrative/criminal law remains reserved.

n. Access media cannot be deposited with Mobility. Depositing the access medium with a partner organisation has no effect on Mobility‘s terms of use; in particular, an extension of the right to use Mobility services corresponding to the duration of the deposit is excluded.

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 - if the same drive rate applies for everyone - 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 need not be in the vehicle during the journey.

c. Customers not part of a rental access group may drive the 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 Charges for details).

e. A request to extend the reservation must be made before own reservation 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. learner’s driving sign, child safety seats, roof racks, trailer couplings, dog guards, etc.

b. All vehicles licensed to drive on motorways are registered with the electronic toll sticker (e-vignette) at the Federal Office for Customs and Border Security (FOCBS).

c. Customers must pay other domestic and foreign costs and fees, such as for metered parking, environmental badges, traffic charges, car transport, ferry, etc. themselves and take the necessary measures for these (see also Section 21 d).

d. 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 respective customer and charge a fee for doing so according to Fair Play and Charges.

e. Mobility will cover regular service and cleaning of the vehicles as well as any repairs (cf. Section 17 d).

a. Calculation of the number of kilometres driven begins and ends at the respective Mobility location.

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.

a. Customers are entitled to use vehicles only if they have a valid reservation (cf. also Section 9 a).

b. Before the journey start, customers must check that the vehicle has no damage and is in a safe operating condition. In the case of electric vehicles, customers must also check that there is a charging cable in the car boot. Damages and/or disruptions in performance (such as vehicle defects) must be reported immediately via the Mobility app or by telephone before starting the journey (cf. Section 17 b).

c. The customer must drive the vehicle themselves (but cf. Sections 9 b and c) and may not pass the vehicle on to third parties or allow third parties to drive it.

d. Learning to drive is generally permitted, provided that the supervising person is also a customer 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 transporting people. Bulky items should only 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 (such as overtiredness or illness).

g. Before and during the journey, customers must ensure that the fuel tank level and the battery charge level are sufficient to return the vehicle to the Mobility location or a permitted parking space at the end of the journey (cf. Section 14 b and also Section 13).

h. For reasons of hygiene, animals – insofar as their carriage is legally permissible – may only be transported in dedicated transport containers or on a blanket in the car boot. 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:

1. in a manner contrary to the provisions of road traffic law or other regulations;
2. to tow or otherwise move another vehicle;
3. for conveying third parties for gain, e.g. use as a taxi;
4. for motor racing or other competitions;
5. to transport hazardous substances of any kind;
6. for driving off road or on roads not open to the public;
7. at demonstrations or rallies;
8. for the display of advertising;
9. for skid pan training, driver training, etc. other than courses offered explicitly by Mobility or those for learner drivers prescribed by law;
10. for driving tests and test drives.
    

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 or garages and they may be removed or taken away at customers’ expense and risk. Mobility is not liable for parked bicycles.

a) Vehicles must, if possible, be refuelled or charged using the fuel card (fuel/power) provided in the vehicle. If customers pay for refuelling themselves, the amount will be credited to their Mobility account against presentation of the receipt. The relevant data (amount, date/time and VAT numbers) must be completely shown on the document and be legible.

b) The fuel/power card may only be used for Mobility vehicles. Misuse, such as using it to refuel or charge a non-Mobility vehicle, will be reported to the police. Customers will bear all resulting costs.

c) Customers are liable for the fuel/power card during the entire period of use they have reserved. The fuel/power card must be returned or plugged in to its designated storage place immediately after use. Customers are liable for the loss of a fuel/power card for which they are responsible.

d) The use of charging infrastructures that are not operated by Mobility are subject to the provisions of the respective provider. Mobility accepts no liability for incidents in connection with the use of such charging infrastructures. If the provider’s provisions are violated or the infrastructure is used improperly or damaged, the customer is solely liable. Mobility will charge the customer for all costs that are incurred in conjunction with the use of charging infrastructures of other providers. These regulations also apply accordingly for fuel filling stations.

e) Additional regulations for vehicles with combustion engine:

1. Vehicles must be refuelled if the tank is less than one­-third full upon returning the vehicle. Mobility charges a fee for non-compliance.
2. Refuelling with premium fuels (e.g. V-Power, Ultimate) is not permitted. Mobility may charge customers for the additional costs of such fuels.
3. Customers are responsible for ensuring that the vehicle is filled only with the fuel intended for the vehicle (petrol or diesel). In the case of incorrect refuelling, the vehicle must not be started. In the case of incorrect refuelling and/or starting the vehicle, customers will be charged for the costs incurred.

f) Additional regulations for electric vehicles:

1. For electric vehicles with a charging station at the Mobility location, the plug of the cable attached to the charge point must be plugged into the vehicle when the vehicle is returned, regardless of charging level. The vehicle display indicates whether the power supply is connected and charging has started. Mobility charges a fee for non-compliance.
2. If the charge point does not have a tethered cable, the cable in the car boot must be used. To prevent theft, this cable must be unplugged before the start of the journey and transported during the journey. Non-tethered cables are marked with a red pennant.
3. Selected electric vehicles do not have an operational charging station at the Mobility location. The electric vehicles concerned are marked appropriately in the reservation process. If the battery status of these electric vehicles is less than 31% when the vehicle is returned, the vehicle must be charged; in the months of April to October, the battery status must be at least 21% when the vehicle is returned. Mobility charges a fee for non-compliance.

a. At the end of the reserved period of use, the vehicle must be returned to the original Mobility location, or depending on the driving mode, 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 location, the vehicle must be parked in a parking space of the category specific for the vehicle (e.g. those for vans [larger parking spaces] or for electric vehicles [charging stations]).

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 including any further 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 box after use.

h. Mobility does not accept any liability for items left in the vehicle or stolen.

a. Customers commit to pay all costs associated with journeys as well as the other products and services according to the respective valid components of the contract, if these are not assumed by the business customers (cf. Sections 26 b and i), the organisation (cf. Section 27 c) or other third parties.

b. Depending on the amount due, the invoice is issued 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 the invoices (due date). After expiry of the payment deadline, the customer shall automatically be in default for the entire amount without the need for a 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 Sections 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 by Mobility 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 Cooperative members, 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 debtor beforehand. Debtors 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 claims, for Cooperative share certificates, for settlement of debts or for products and services of partner companies (in particular journeys with 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 takes 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.

a. Sensors in the vehicles can measure impacts inside and outside the vehicle, which enables Mobility to identify the originator of any damage.

b. Customers must check any damage and/or operational disruptions (such as vehicle defects) before starting the journey and report these if necessary:

1. Existing damages that are not already indicated in the Mobility app must be reported via the Mobility app before starting the journey (cf. also Section 12 b).
2. If the operational disruption occurs before starting the journey (cf. also Section 12 b), the report must be phoned through immediately. This also applies if the vehicle is not available before the start of the journey (cf. also Section 17 e).
3. If the damage and/or operational disruption affects the continuation of the journey and/or personal safety of the customer, passengers or third parties, a report must be phoned through immediately.
4. In the event of anything else, the report must be phoned through at the latest before the end of the reserved period of use. The further procedure is to be followed according to the information in the Mobility app or agreed with the 24h Service Center.

c. What to do about breakdowns and accidents:
In the event of breakdowns and accidents customers must immediately contact Mobility’s 24h Service Center by telephone.

1. 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 these costs to the customer.
2. 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.
3. 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 drive may only be continued if this is permitted under road traffic legislation and the Mobility vehicle will not suffer any further damage as a result. The continued drive will be organised and handled directly by the breakdown service.
4. The customer is obliged to wait by the vehicle until the breakdown service arrives.
5. In the event of a claim involving third parties or property damage to third parties, the customer must call Mobility’s 24h Service Centre and complete a European accident report in full. This must be signed and if a third party is involved, by the third party as well (the form is in the vehicle or will be sent by the Service Centre). The accident report must be returned to Mobility within 3 days at the latest after the damage event or uploaded to the app via the damage report. If the accident report is missing or has not been completed and signed correctly, liability reductions may be denied and the full cost of the damage may be charged to the customer.
6. The customer must not sign any acknowledgement of fault. It will not be accepted by Mobility.

d. Repairs may only be initiated by Mobility. Customers themselves are not permitted to repair damage or a performance disruption on the vehicle or have it repaired without permission from Mobility.

e. 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 location, 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.

f. 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.

g. 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 Section 18 c).

h. All other damage to the vehicle (i.e. not covered by g above) and associated costs will be charged to the extent of the deductible (cf. in particular Sections 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 Section 18 c).

i. 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. Section 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. Section 17 b) or a police report. The provisions of g above shall remain reserved and applicable in any case.

j. 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 will be charged to the customer in full.

k. In order to determine the person who caused damage to the vehicle, Mobility may make use of electronic data (cf. Section 17 a) and any other data.

l. Damage will be repaired at the discretion of Mobility and its insurance company. Mobility reserves the right not to repair damage. Each damage will lead to a reduction in value of the vehicle. For this reason, customers are therefore charged the cost of the repair, in principle, but not more than the deductible if the damage is insured.

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 vehicle, up to the sum insured. Mobility can seek redress from customers for all damages 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 is in breach of the contractual obligations agreed with Mobility.

d. If Mobility, based on the liability as motor vehicle owner, is liable for a damage 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: 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. The passengers in the vehicle have direct claims under the passenger insurance cover. If required, Mobility will assign all insurance claims to them 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 always apply:

• Third-party liability insurance policy deductible per claim: CHF 1,000
• Comprehensive coverage insurance policy deductible per claim: CHF 2,000; with vehicle category van: CHF 3,000
• Policy deductible in the event of damage covered by the partial coverage insurance: CHF 0

Maximum policy deductible per claim: CHF 3,000 total; with vehicle category van: CHF 4,000 total.

j. Special policy deductible cases:

• Additional policy deductible for inexperienced drivers (customers holding a full driving licence for less than three years): CHF 500
• Additional policy deductible for young drivers (persons under 28 years of age): CHF 500
• Additional policy deductible for learner drivers: CHF 500, plus CHF 500 if the customer is under 28 years of age.

Additional maximum policy deductible per claim: CHF 1,000.

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 Section 17 f).

l. Mobility charges the customer concerned a fee for not reporting and/or processing the liability or damage claim. This fee is not covered by the insurance or included in the policy deductible.

a. With the products “liability reduction” as well as “liability reduction per journey”, the liability for the policy deductible per claim can be reduced (see Sections 18 i and Section 26 g). The processing fee set by Mobility for handling the claim as per Section 18 l remains unchanged.

b. The product “liability reduction” can be obtained when concluding the contract or at a later date. Customers can also order “liability reduction per journey” individually at each reservation or before each journey.

c. In the case of new customers, the product “liability reduction” 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,the liability reduction cover applies for the specified duration from the time when the order is received by Mobility.

d. The product “liability reduction” is personal and non-transferable. It can be cancelled separately at the end of the term.
The provisions for business customers with transferable access media in Section 29 c remain reserved.

e. If liability reduction is concluded, it only protects the person to whom it refers (Section 26 g remains reserved for business customers). If a different person drives the vehicle, they are not covered by this insurance. This is particularly relevant in the case of rental access groups (cf. Sections 9 b and c) or if unauthorised persons (cf. e.g. Section 12 c) are driving the vehicle.

f. Liability reduction does not apply if Mobility can take recourse against the customer as per Section 18 c. It also does not cover journeys in partner vehicles.

g. Following accidents and damage, Mobility is entitled to terminate the product “liability reduction” without notice or to unilaterally withdraw the right of the customer concerned to obtain the product “liability reduction per journey” in future. In the event of termination without notice, Mobility shall not reimburse the fee for the remaining term of the product “liability reduction”.

a. The authorities notify Mobility of any fine or traffic violation (in Switzerland or abroad) by customers 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 informs the third party/parties of the name and/or company and address of the customer concerned and charges 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.

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 foreign travel, travel to that country is not permitted. Non-compliance lays the customer open to a claim for compensation.

c. The customer shall observe traffic and other rules applicable in the respective country (also concerning prescribed vehicle equipment and other equipment).

Foreign fees such as environmental badges, 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.

Journeys involving partner vehicles arranged through Mobility are subject to the provisions of the respective contract concluded between the customer and the respective partner company.

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 Section 12 d).

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.

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 notice periods and termination dates specified by Mobility in the product descriptions must be observed, except where Mobility permits termination with immediate effect. Unless specified otherwise, the end of the month always applies as the termination date.
The decisive factor for termination is that it is entered in the customer portal. If notice is not given in time, it applies to the next possible termination date.

e. Termination by customers must be made using the customer portal.
For business customers, Section 26 u and for the organisations Section 27 e.13 apply.

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 in terms of the Articles of Association.

h. In the interest of honest and responsible customers, Mobility reserves the right to terminate customer relationships with customers at any time without notice and without stating reasons. This also applies after conduct resulting in criminal proceedings and after a major claim. Subject to the provisions of the Articles of Association for Cooperative membership (cf. Sections 7 b, Section 8 m).

a. The following provisions as well as the provisions in Section 29 also apply for the business customers and the business products of Mobility as well as for the use of Mobility products based on the business application area. They supplement the other GTC provisions and replace any contradictory GTC provisions.
With business customers, the provisions of the configuration form and the other provisions linked therein take precedence over the GTCs and the other provisions (cf. Section 3 d).

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 will be attributed to the business customer.
An exception is the purchase of Mobility services by employees under their private utilisation. The employees are responsible and liable to pay costs themselves for private utilisation. Vis-à-vis Mobility, usage is only private if it has been booked as private (cf. also k).

c. All employees entitled to business trips, who do not already have a personal private access medium, must register separately as new customers with Mobility (cf. also d).
Business customers can inform Mobility of all employees with rights of use with the required data for this purpose. Mobility for its part can inform business customers whether employees of the business customer are registered with Mobility as entitled to use services (including names).
The provisions for business customers with transferable access media in Section 29 d. i remain reserved.

d. With the business products, all employees with rights of use are assigned a personal access medium, if they do not already have one. Those with rights to use are mentioned by name here. The access media is personal, non-transferable and may not be passed on to other employees or third parties.
The provisions for business customers with transferable access media (Section 29 d ii remain reserved.

e. All employees with rights of use are in a direct contractual relationship with Mobility, but have their own login, their own account and their own access medium (but cf. also b).
The provisions for business customers with transferable access media (Section 29 d iii) remain reserved.

f. 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.

g. By way of deviation from Section 19 d, business customers can reduce the policy deductible per claim with the “liability reduction” and “liability reduction per journey” products.
In addition, the provisions regarding liability reduction for business customers with transferable access media in Section 29 c must also be observed.

h. Mobility will inform all those employees concerned with rights of use and the contact person(s) of the business customer (cf. o) about the changes relevant for them, such as affected products and services, contractual regulations, prices, processes, etc.
The provisions for the business customers with transferable access media (Section 29 d. iv) remain reserved.

i. The costs for the (one-off) activation, any (monthly) subscription fees for business use as well as for the business trips will be borne by the business customers unless otherwise agreed.

j. If the business product selected by the business customers offers more favourable rates than the private product chosen by the respective persons with rights to use, the corresponding persons with rights to use will also benefit with the private use of the more favourable rates of the business product.
Other products such as the liability reduction or the climate contribution “Cause We Care” are exceptions to these favourable rates.
The provisions for business customers with transferable access media (Section 29 d. v) remain reserved.

k. With each utilisation, the employees must specify whether the journey is of a business or private nature (“journey purpose”). The employee is responsible for specifying the journey purpose correctly.
The provisions for business customers with transferable access media (Section 29 d. vi) remain reserved.

l. The employees can only use the vehicles for business purposes that are approved by the business customers. Vis-à-vis Mobility, the purpose of the journey (private or business use) stated to Mobility before the journey is decisive, also for invoicing and liability for invoice amounts (cf. also k).
If other arrangements have been agreed in the relationship between the employee and the employee, differences in the bilateral relationship must be clarified.

m. When ordering, business customers determine the number of business products they need. Upward adjustments are possible at any time. Downward adjustments are only possible taking into account the applicable periods of notice.

n. Mobility can stipulate that the business customers can make reservations for journeys which can be used by dedicated persons with rights of use (sharable reservations).

o. The business customers will nominate their contact person(s) when the contract is concluded; changes to the contact persons must be notified according to Section 24.

p. Mobility is responsible for the service, cleaning and repair of the vehicles (cf. Section 10 e). Service and cleaning usually take place on weekdays between 8 a.m. and 5 p.m. Mobility determines the times of all work without consultation with customers, but takes account of existing reservations when service work is planned. If Mobility performs such work, there is no entitlement to replacement or compensation, or for the lack of the vehicle during these times.

q. If Mobility provides the business customers with one or more dedicated vehicles, Mobility is at liberty to replace the vehicle(s) at any time with an equivalent vehicle where possible. Mobility will adjust any detailed agreements made accordingly (in particular in the configuration form).
If such a vehicle is expected to be unavailable for a period of more than three weeks, Mobility will provide an equivalent replacement, if possible.
If such a vehicle is unavailable permanently, Mobility will provide an equivalent replacement vehicle, if possible, within an appropriate period.
There is no entitlement to compensation, not even for outage times.

r. Mobility can grant business customers a periodical discount based on the Mobility services used.

s. Business customers cannot redeem Mobility vouchers.

t. All prices or amounts are exclusive of VAT, unless explicitly stated otherwise.

u. Termination by the business customer must be made verifiably in writing.

v. If the contractual relationship between the business customer and Mobility is dissolved or if employees from the business customer resign, the contractual relationship between Mobility and the (former) employee will remain in force.
The business customer must inform Mobility of the resignation of its employee by the latest on the date of the resignation. If it fails to do so, it will bear the resulting consequences (in particular cost consequences).
All rights and obligations, in particular the cost obligations, exist from the time of resignation or dissolution of the contract solely between the former employee with rights of use as a private person and Mobility, if the business customer has informed Mobility of the resignation – otherwise from the time of the notification. The employee with rights of use who has resigned will at the same time lose any advantages granted or mediated by the business customer (cf. j).
Mobility will inform the former employees with rights of use accordingly. These have the opportunity to terminate the contractual relationship with Mobility with due notice.
The provisions for business customers with transferable access media (Section 29 d vii) remain reserved.

w. If good cause is presented, Mobility is entitled at any time and at its own discretion:
i. To cancel existing reservations;
ii. Withdraw the right to use individual or all business products without prior notice;
iii. Declare individual or all business products terminated without prior notice;
iv. Terminate the legal relationship with the business customer without prior notice. This causes the immediate termination of existing reservations and all business products.
Good cause includes, in particular, default of payment (despite reminder), the improper handling of the vehicles, vehicle utilisation by non-authorised third parties and the violation of contractual obligations by business customers and/or their employees with rights of use, the opening of insolvency, bankruptcy or probate proceedings against the business customers or discontinuation of the business activity by the latter.

x. Any disclosure of statistical data and information by business customers to third parties must first be approved by Mobility in writing.

a. For the organisation and its legal relationship with Mobility, the following provisions apply, provided the previous (cf. Section 3 d) provisions of the configuration form and the other provisions linked therein do not provide otherwise. Otherwise the other provisions of these GTCs and the other contractual components (cf. Section 3 a) apply, provided they do not contradict those mentioned above and do not deviate from them.

b. For the legal relationship between Mobility and the customers referred through an organisation, the general GTC provisions apply, provided these are not changed or replaced by the provisions in this Section 27.

c. The purchase of Mobility services referred by organisations by customers is only possible with private use (private journey purpose).
The organisation can take over a part or the entire service for a particular period or for the entire duration of the contract for those with rights of use; otherwise those with rights of use are responsible for the purchase of these services themselves and are liable to pay costs.

d. The referred customers who do not already have a personal private access medium have to register separately with Mobility via new customer registration.
To this end, the organisations will refer the mediated customers directly to Mobility.

e. The following provisions concerning the business customers (Section 26) also apply for organisations and the customers and persons with rights of use referred by them:

1. d Paragraph. 1 (personal access medium);
2. e (direct contractual relationship of customer to Mobility);
3. f (business products);
4. h (information by Mobility);
5. j (benefit);
6. m (number of products);
7. o (contact person);
8. p (service, cleaning and repair of the vehicles);
9. q (replacement of dedicated vehicles);
10. r (periodic discount);
11. s (no vouchers);
12. t (VAT);
13. u (termination);
14. v (consequence of dissolution of the contractual relationship between organisations and Mobility, in particular for referred customers);
15. w (termination for good cause);
16. x (disclosure of statistical data to third parties by organisations).

a. The vehicle community (cf. for the term above Section 2 d) will provide Mobility with an up-to-date list of its members at the start of the contract, which contains at least the following data: Last name, first name, address, date of birth, email address, smartphone number and Mobility number.

b. Each member of the vehicle community must have a personal access medium.

c. The vehicle community will submit a copy of the shareholder agreement and the current extract from the commercial register to Mobility, if there is an entry in the commercial register.

d. The vehicle community must permanently have at least two members.

e. The vehicle community must inform Mobility immediately of any changes to its members (resignation, joining, name and address changes etc.). If it fails to do so, it will bear the resulting consequences (in particular cost consequences).

f. Each member of the vehicle community is jointly and severally liable without limitation for the debts of the vehicle community.

g. In addition to the reasons mentioned in Section 26 w (good cause), a further important reason is if a vehicle community does not fulfil its obligations according to c above or only consists of one person (cf. d above).

The following provisions apply in addition to or in deviation from the above for all transferable access media still in circulation:

a. The transferable access media still in circulation remain valid.

b. Supplementary to Section 26 the following provisions apply:
i. The transferable access medium can be used by the business customers as employees designated with rights of use.
ii. The journey purpose for journeys with transferable access media is always of a business nature.
iii. Driver training is not permitted for business products with transferable access media.
iv. The business customer is responsible for ensuring that the employees with transferable access media know, observe and comply with all the rights and obligations resulting from the contractual relationship between Mobility and the business customer.
v. The business customer is obliged to keep the employees with transferable access medium constantly up-to-date regarding products, services, contractual regulations (such as GTCs, PP, etc.), prices, processes, etc.
vi. 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.

c. Different from Section 19 d, the product “liability reduction” is transferable with transferable access media.

d. Different from Section 26 the following applies for the employees with only transferable access medium entitled to business journeys:
i. They do not have to register separately as a new customer with Mobility (different from Section 26 c).
ii. They do not need to have a personal access medium (different from Section 26 d).
iii. They do not need to be in a direct contractual relationship with Mobility (different from Section 26 e).
iv. For their information, the business customer is not responsible themselves (cf. also above c. iv; different from Section 26 h).
v. They cannot benefit from the advantage of Section 26 j.
vi. They do not need to specify a journey purpose (different from Section 26 k). The journeys with transferable access media count as business journeys (cf. also above b.ii).
vii. Section 26 v is not applicable for them (cf. also above Sub-section iii).

a. These GTCs replace all previous GTCs of Mobility.

b. Mobility reserves the right to amend these GTCs, ancillary contractual components and provisions as well as its products, services and prices 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 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; they are required to inform themselves about said changes.

d. Changes are 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 GTCs and ancillary contractual components (Section 3).

g. Customers violating the provisions of the GTCs or ancillary contractual components shall bear any costs arising therefrom (e.g. as a result of further or additional expenses incurred by Mobility). Mobility reserves the right to recoup such costs. Some such costs are included in the contractual component Fair Play and Charges.

h. If one or more of the provisions of these GTCs or other contractual components should be invalid or void in whole or in part, the validity of the remaining provision(s) shall not be affected.

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 respective place of business.

c. The exclusive place of jurisdiction for all disputes between Mobility and business customers or the organisation shall be Mobility’s place of business.