Swobbee moped
- General Terms and Conditions

General regulations

1. general information and applicability

a. Unless expressly agreed otherwise, these General Terms and Conditions (“GTC”) apply to all contracts (individually “Contract”) between Swobbee GmbH, Johann-Hittrof-Str. 8, 12489 Berlin (“Swobbee”) and the contracting party (“Customer”) in relation to products and services offered by Swobbee, in particular for the rental of Swobbee mopeds (individually “Vehicle”) and related items such as, but not limited to, batteries, chargers and cell phone mounts (individually “Accessories”).

b. Deviating or contradictory terms and conditions of the customer shall not apply.

c. Swobbee reserves the right to adapt these GTC to changed legal or technical conditions if necessary. The customer will be notified of any changes by e-mail. If the changes do not require the customer’s consent, the customer will be informed of possible changes to the GTC four weeks prior to the change.

2. conclusion of contract

a. If Swobbee sends the customer an offer or a price list for Swobbee products, this does not constitute a legally binding offer, but is non-binding until a final agreement is reached. By signing the contract document, the customer submits a binding offer to conclude a contract. The customer is bound to this offer for 3 days.

b. A binding contract for the Swobbee products offered is concluded by Swobbee’s confirmation. Acceptance is effected by receipt of a separate declaration of acceptance, which Swobbee sends to the customer by e-mail.

c. In order to conclude a contract with Swobbee, the customer must be at least 18 years old and have their main residence/registered office in a member state of the European Union.

d. With regard to the GTC, the contractual language is English. If Swobbee provides the customer with these GTC in another language as part of the conclusion of the contract, these are merely non-binding translations and a non-binding service provided by Swobbee. In the event of inconsistencies, ambiguities or contradictions between the English version and other versions, the English version shall always take precedence.

e. Battery charging is free at Swobbee battery exchange stations until further notice in 2024. Afterward, a fee of €2 per individual battery exchange will be charged.

3. the vehicle and maintenance

a. The customer is not entitled to receive a vehicle in a specific color or design, unless otherwise agreed in the contract.

b. Swobbee is obliged to provide the vehicle to the customer in a usable condition and to maintain its usability for the duration of the contract.

c. Swobbee shall remain the owner of all vehicles and accessories at all times.

d. Swobbee shall inform the customer at least 48 hours in advance of any necessary maintenance work on the vehicle. Swobbee carries out maintenance at the customer’s site or in a workshop. If maintenance is to be carried out in a workshop, Swobbee will inform the customer and collect the vehicle from the customer’s address in consultation with the customer.

e. The customer enables Swobbee to carry out the maintenance. If the customer cannot enable Swobbee to carry out the maintenance, i.e. access to the vehicle, the customer shall inform Swobbee at least 24 hours in advance.

f. If the customer does not allow Swobbee to carry out the maintenance and does not cancel the maintenance at least 24 hours in advance, Swobbee shall be entitled to charge a no-show fee in accordance with Annex 1. The customer has the right to prove that no damage or reduction in value has occurred at all or that the damage or reduction in value is significantly less than the fee for the no-show. Swobbee reserves the right to claim further damages. This provision shall not apply if the customer has acted without fault.

4. payment and terms of payment

a. The agreed fees (“Fees”) for the respective month shall be paid by the first day of the respective month.

b. The fees include the statutory value added tax.

c. Swobbee is entitled to inform the customer of a change to the account at any time. The rent will then be transferred to the new account.

d. Late payments are subject to fees in accordance with Appendix 1 if payment is not made within 14 days of receipt of the invoice. The customer has the right to prove that no damage or reduction in value has occurred at all or that the damage or reduction in value is significantly less than the late payment fee.

5 Term and termination of the contract

a. The contract term begins on the day agreed in the contract and ends at the end of the agreed day or period.

b. If the contract is concluded for an indefinite period, termination may be declared by the customer and Swobbee at any time. The notice period is 1 month to the end of the month. Notice of termination must be given in writing; text form (in accordance with § 126b of the German Civil Code (“BGB”)) is sufficient.

c. The right to extraordinary termination for good cause remains unaffected. Such a reason is deemed to exist in particular if:
i. The customer’s financial situation has deteriorated significantly,
ii. Bank direct debits/cheques are not honored,
iii. enforcement measures are initiated against the customer,
iv. Negligent care of the vehicle,
v. Improper and unlawful use,
vi. Failure to comply with the provisions of the contract and the GTC,
vii. If it becomes unreasonable to continue the contract, e.g. due to an excessive loss ratio.

6. handover and return of the vehicle

a. The vehicle and accessories shall be handed over to the customer on the basis of the provisions agreed in the contract at the beginning of the contract term. Swobbee shall provide the customer with a digital or paper-based version of the vehicle manual (“the manual”) upon delivery.

b. Unless expressly agreed otherwise, the vehicle and accessories shall be delivered to the customer’s address specified in the contract. The customer will be informed of the handover time no later than 2 days before the handover.

c. If the customer does not allow Swobbee to hand over the vehicle despite notifying Swobbee of the planned handover, Swobbee is entitled to charge a no-show fee in accordance with Appendix 1. The customer has the right to prove that no damage or a reduction in value has occurred at all or that the damage or reduction in value is considerably less than the no-show fee. Swobbee reserves the right to assert further claims for damages.

d. Upon termination of the contract, the customer is obliged to book a return date and to return the vehicle and any accessories to Swobbee by the end of the contract term at the latest. If no return date is available on the last day of the contract period, the customer can book the next available slot. The customer has the right to book an earlier slot if required. If the customer continues to use the vehicle after expiry of the agreed contract term, the rental shall not be deemed to have been extended. § Section 545 BGB does not apply.

e. In the event of excessive soiling of the vehicle requiring special cleaning of the vehicle or if the vehicle is returned with odor restrictions, the costs for special cleaning set out in Annex 1 shall apply. The customer has the right to prove that no damage or a reduction in value has occurred at all or that the damage or reduction in value is considerably less than the fee. Swobbee reserves the right to assert further claims for damages.

f. If the customer has not agreed a return date during the term of the contract, Swobbee may set a return date within the week following the expiry of the contract. The customer must then enable the return on this date.

g. If the vehicle is not returned at the end of the contract, Swobbee is entitled to a fee in accordance with Appendix 1. The customer has the right to prove that no damage or reduction in value has occurred at all or that the damage or reduction in value is significantly less than the no-show fee. Swobbee reserves the right to assert further claims for damages.

h. Swobbee shall collect the vehicle on the agreed return date from the customer’s address specified in the contract or from an address specified by the customer to Swobbee in the service area at least 1 week in advance.

i. The customer must either be present or park the vehicle in a publicly accessible location to allow Swobbee to collect the vehicle without the customer being present, depending on the method agreed when scheduling the return date.

j. If the customer is not present when the vehicle is returned, the keys and any removable accessories must be sent to Swobbee at the customer’s expense by insured shipment at least 24 hours before the collection time. Swobbee must be informed of this.

k. If the customer is unable to keep a booked return appointment, the appointment must be canceled 24 hours in advance.

l. The customer is obliged to inform Swobbee in writing of any technical faults on return.

7. driver

a. The vehicle may only be driven by the customer, unless expressly agreed otherwise.

b. Only persons who have reached the age of 18 and are in possession of a valid driving license that entitles them to drive the vehicle in Germany are entitled to drive the vehicle.

c. Driving the vehicle is contractually prohibited if the driver is in a condition that does not correspond to the normal use of the vehicle and the purpose of the contract, in particular if:
– The driver of the vehicle is under the influence of alcohol, drugs or medication that could potentially impair driving ability. There is a strict alcohol ban of 0.0 per mille.
– The driver is not fully conscious.
– The vehicle is used for off-road driving, motor sport events, races of any kind, vehicle testing, driver training or for commercial passenger transportation.
– The vehicle is used to transport children who are neither tall enough to reach the footrests nor strong enough to hold on to the driver.

d. Swobbee is entitled to request a photo ID (e.g. identity card or equivalent) and a driver’s license from the customer.

e. The customer is obliged to inform Swobbee in writing about the revocation of his driving license or the driving license of an authorized driver as well as about all circumstances that restrict the validity of the driving license (e.g. restriction of the driving license, temporary confiscation or seizure of the driving license or a judicial or official driving ban). If the driver’s license is revoked or other circumstances arise that restrict the validity of the driver’s license, the customer is prohibited from driving the vehicle.

8. general obligations of the customer/prohibition

a. The customer must carefully check the vehicle and accessories for damage upon receipt and report any such damage to Swobbee immediately.

b. The customer is obliged to familiarize himself with the operation of the vehicle before using it and to observe the safety and operating instructions in the manual.

c. The customer is obliged to treat the vehicle with care and to use it carefully. The customer may only use the vehicle and accessories as intended and with due care in accordance with the instructions provided.

d. The customer must ensure that the battery is used carefully by not storing the battery at temperatures below 0 degrees Celsius and by charging the battery at least every four weeks.

e. The vehicle and any accessories may not be used outside Germany or exported from Germany.

f. The customer may not sell, sublet, pledge, encumber or otherwise dispose of or attempt to dispose of the vehicle or accessories without the prior written consent of Swobbee.

g. At Swobbee’s request, the customer is obliged to mark the vehicle and accessories as Swobbee’s property in a clearly visible place during the term of the contract.

h. The customer must inform Swobbee immediately of any seizure of the vehicle or accessories or any other infringement or threat to Swobbee’s rights.

i. The customer must contact Swobbee immediately in the event of problems, complaints and/or questions about the vehicle or accessories.

j. The customer shall grant Swobbee or a representative access to the premises where the vehicle and accessories are stored upon reasonable notice and at reasonable times and intervals to enable Swobbee to inspect the condition of the vehicle and accessories.

k. The customer is obliged to lock the vehicle with all available locks, including the steering wheel lock, before leaving the vehicle unattended.

l. The customer is not permitted to make copies or duplicates of the keys or to have more than one key in his possession. The customer must protect the key against loss, theft and unauthorized use at all times and may not pass the key on to third parties (except to authorized drivers).

m. If the key is lost, stolen or damaged, the customer must inform Swobbee immediately. Swobbee may invoice the customer for the costs of a new key in accordance with Annex 1. This shall not apply if the customer has acted without fault. The customer has the right to prove that no damage or a reduction in value has occurred at all or that the damage or reduction in value is considerably less than the fee. Swobbee reserves the right to assert further claims for damages.

n. A key previously reported as lost or stolen that is found must be returned to Swobbee immediately.

o. Before starting each journey with the vehicle, the customer is obliged to check whether the vehicle is in good condition and roadworthy (in particular brakes, tires and lights) and not to use it in the event of a defect. In the event of malfunctions that occur during the journey or are noticed during the journey, the customer is also obliged to stop using the vehicle immediately and to wait for Swobbee to repair it or otherwise be informed by Swobbee.

p. It is not permitted to make modifications or changes such as painting, conversions or similar to the vehicle or accessories.

q. It is permitted to attach additional accessories that are customary for the specific type of vehicle as long as they can be removed without leaving any residue.

r. The vehicle must not be used in an unusual manner, overloaded or exposed to inappropriate conditions.

s. The customer is obliged to comply with the applicable traffic rules and local regulations when using the vehicle.

t. The customer undertakes to carry his valid driver’s license with him on every journey and to drive safely.

u. The customer is obliged to check the proper functioning of the accessories (in particular the smartphone holder) before use.

v. As part of the contract, Swobbee may be required to share personal data (e.g. demographic data) with the customer. If the customer is a business customer, the customer is responsible for ensuring the legal basis for this data processing.

9. malfunctions, statutory warranty rights and defects

a. Faults and defects must be reported to Swobbee by the customer immediately, but at the latest within 24 hours of becoming aware of them. Further use of the defective vehicle is only permitted after the damage has been repaired or Swobbee has informed the customer that further use is permitted until the damage can be repaired.

b. If it is not possible to lock the vehicle properly, the vehicle must not be left unattended and the customer is obliged to inform Swobbee immediately of the malfunction.

c. In the event of a defect, the customer has the statutory warranty rights, provided that Swobbee can choose to remedy the defect by repairing the vehicle or the accessory or to provide a comparable product/accessory.

d. The customer waives the right to reduce the fees insofar as Swobbee is not responsible for the circumstances that would grant the customer this right and insofar as the reduction is not asserted with a claim that cannot be contested or a claim recognized by Swobbee.

e. Swobbee shall carry out the repair at the customer’s location or in a workshop. If a defect cannot be rectified within a reasonable period of time, the vehicle will be replaced with a comparable model within 48 hours.

f. Swobbee will inform the customer at least 2 hours in advance that access to the vehicle is required. If the repair is to be carried out in a workshop, Swobbee will collect the vehicle from the customer’s address or from a location specified by the customer.

g. The customer shall provide access to the vehicle. If the customer does not allow access, Swobbee is entitled to charge a no-show fee in accordance with Appendix 1. The customer has the right to prove that no damage or a reduction in value has occurred at all or that the damage or reduction in value is considerably less than the no-show fee. Swobbee reserves the right to assert further claims for damages.

10. special provisions for business customers and customers who are not authorized drivers

a. If the customer is a company that wishes to make the vehicles and accessories available to its employees, the customer must inform Swobbee of this in writing before concluding the contract.

b. In this case, the customer is obliged to
i. to transfer to its employees the obligations resulting from the GTC with regard to the use and handling of the vehicle and accessories and to monitor compliance with them, and
ii. To provide Swobbee with the names of the authorized drivers (“Authorized Drivers”).
c. The customer is liable for the actions of the authorized drivers as if they were his own actions.

11. insurance

a. Unless expressly stated otherwise in these GTC or in the contract, Swobbee does not take out any insurance in favor of the customer.

b. Swobbee shall take out liability insurance for the vehicle that covers the use of the vehicle by the customer and the authorized driver (“insured driver”). The general insurance conditions of the respective insurer apply.

c. The insurance covers damage to third parties or their property caused by a traffic accident for which the insured driver caused the vehicle under the conditions set out in the general terms and conditions of insurance of the respective insurer and limited by the respective sums insured.

d. The insurance does not cover the loss/theft of individual accessories such as keys, remote controls, chargers and keys for the top cases.

e. The insurance is only valid during the term of the contract.

12. accidents and theft

a. In the event of an accident, the customer is obliged to draw up an accident report. An accident is defined as a sudden event involving mechanical force that affects the external and/or internal structure of the vehicle.

b. In the event of an accident involving third parties, the customer is also obliged to report the accident to the police immediately and to actively participate in the preparation of the accident report and in minimizing the damage.

c. The customer may not make any acknowledgement of debt without the prior written consent of Swobbee.

d. The customer is obliged to inform Swobbee immediately by e-mail to vehicles@swobbee.com of any accident. If the customer fails to provide this information to Swobbee, the customer is responsible for any damage caused by the failure to provide this information, including the potential loss of insurance cover.

e. Within seven days of the accident, the customer is obliged to send the accident report and/or other documents relating to the accident to the above e-mail address (see paragraph 12. d.).

f. If the vehicle, a part of the vehicle or a removable accessory (e.g. battery) has been stolen or cannot be found for any other reason, the customer is obliged to inform Swobbee of the loss as soon as possible, but at the latest within 24 hours of becoming aware of it. In addition, the customer is obliged to participate in the search for the vehicle, part of the vehicle or accessories and, if necessary, to pass on information to the insurance company and the police.

g. If accessories cannot be found at the time of the end of the contract and the customer is obliged to pay compensation, the fees for the replacement of the accessories set out in Appendix 1 shall apply. The customer has the right to prove that no damage or reduction in value has occurred at all or that the damage or reduction in value is considerably less than the fee. Swobbee reserves the right to claim further damages.

13. repairs and accessory kit

a. All repairs to the vehicle are carried out by Swobbee. Swobbee will collect the vehicle from the service area for repairs.

b. Where applicable, the customer shall be invoiced for the costs of repairs in accordance with the repair costs.

c. All accessory replacements during the contract period are carried out by Swobbee.

d. Where applicable, the Customer shall be charged for the cost of replacing accessories in accordance with the fees for the replacement of accessories set out in Appendix 1. The customer has the right to prove that no damage or reduction in value has occurred at all or that the damage or reduction in value is considerably less than the fee. Swobbee reserves the right to claim further damages.

14. service area

a. Swobbee offers its services (i.e. delivery, collection, repair and maintenance, “Services”) only in the service area. The service area can be found here.

b. Services outside the service area may be rejected by Swobbee. A fee is charged for services outside the service area in accordance with Annex 1.

15. liability of Swobbee

a. Swobbee is liable
i. for damages or expenses resulting from a grossly negligent or intentional breach of duty by Swobbee, a legal representative or a vicarious agent of Swobbee,
ii. for injury to life, body or health resulting from an intentional or negligent breach of duty by Swobbee, a legal representative or a vicarious agent of Swobbee,
iii. for all damages or expenses due to the absence of a warranted characteristic guaranteed by Swobbee,
iv. for all damages or expenses resulting from a breach of cardinal obligations by Swobbee or its legal representatives or vicarious agents. Cardinal obligations are fundamental obligations which form the core of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer can rely. In the event of a breach of cardinal obligations due to simple negligence on the part of Swobbee, the resulting liability is limited to the amount that was foreseeable for Swobbee at the time the respective service was provided;
v. for damages under the German Product Liability Act (ProdHaftG).

b. Any further liability is excluded.

16 General liability of the customer

a. Unless otherwise stated in these GTC or the contract, the customer shall be liable in accordance with statutory law in the event of damage to or loss of the vehicle and/or accessories or in the event of a breach of the contract and/or the GTC.

b. The customer shall be liable without limitation for all traffic and regulatory offences, all violations of statutory provisions and for disturbances of possession committed by the customer, the authorized driver or third parties to whom the customer has entrusted the vehicle. As compensation for the administrative costs charged by Swobbee by the authorities or other bodies for requests made by law enforcement authorities or other third parties to investigate misdemeanors, criminal offenses or harassment, a fee shall be payable per request in accordance with Annex 1. The customer has the right to prove that no damage or reduction in value has occurred at all or that the damage or reduction in value is considerably less than the fee. Swobbee reserves the right to claim further damages.

c. These provisions apply not only to the customer, but also to the authorized driver.

d. A contractual exemption from liability does not apply to unauthorized users of the vehicle.

17. exemption

a. If a third party asserts a claim against Swobbee, the customer shall indemnify Swobbee to the extent that the claim is based on (a) a breach of the provisions of the GTC or the contract by the customer, (b) a violation of the law by the customer or (c) modifications and additions that the customer has made to the vehicle and that Swobbee has not approved. This does not apply if the customer has acted at least negligently.

b. The customer shall indemnify Swobbee against all penalties, fines, fees and other costs levied by the authorities or other bodies for violations of statutory provisions by the customer, the authorized driver or third parties to whom the customer has entrusted the vehicle.

18. final provisions

a. The law of the Federal Republic of Germany shall apply.

b. The European Commission offers the possibility on the website https://ec.europa.eu/consumers/odr/ to submit consumer disputes between consumers and Swobbee to a consumer mediator after an attempt has been made to resolve them amicably. This forwarding is not mandatory.

c. Swobbee is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act (VSBG). d. To the extent permitted by law, the courts of Berlin shall have exclusive local jurisdiction,

Germany.
Status: 14.03.2023

GDPR Cookie Consent with Real Cookie Banner