This English translation serves solely for information purposes. Please note that only the German version is legally binding.

General Terms and Conditions for the use of the car-sharing service of SWK Stadtwerke Kaiserslautern Versorgungs-AG via the MOQO platform
Effective 15 Sep. 2023

1. Scope of contract; scope of applicability

1.1. SWK Stadtwerke Kaiserslautern Versorgungs-AG (“Provider”) offers users of the MOQO platform (“Platform”; with the users of the Platform individually or collectively called “User/Users”) operated by Digital Mobility Solutions GmbH (“DMS”) permission to use the Provider’s self-drive car-sharing vehicles (“Vehicles”) for a fee in accordance with these General Terms and Conditions (“GTC”).

1.2. These GTC apply to the business relationship between the Provider and Users who wish to enter into individual rental contracts for Vehicles with the Provider in accordance with these GTC by using the Platform. The GTC govern, in particular, the booking, transfer of use for rental purposes, and use of the Provider’s Vehicles offered for rental on the Platform. These GTC do not apply to rental contracts that are not concluded using the Platform.

1.3. These GTC do not apply to the business relationship between the Users and DMS. DMS only operates the Platform and does not offer any Vehicles itself.

2. Booking and usage authorization; driver’s license; use of vehicle by third parties

2.1. The booking of Vehicles on the Platform generally requires that the User

a. is a natural person with unlimited legal capacity;

b. has registered to use the Platform and has a user account;

c. has a valid driver’s license that entitles them to drive the respective Vehicle in the Federal Republic of Germany;

d. has had the driver’s license verified by DMS, the Provider, or a duly authorized person within the framework of the respective methods offered (online, i.e., using a software application, or offline, i.e., on site). This verification is subject to regular repetition. If the User does not comply with this (re-)verification by the expiry date, their user account will be deactivated from the expiry date (i.e., the User will no longer be able to use a Vehicle). As soon as the proof has been provided again, the user account will be reactivated immediately. If a period of six months elapses after the expiry date without new proof being provided, the user account will be deleted and any remaining credit will be confiscated.

In addition, the requirements of the insurance terms and conditions must be observed; these are shown to the User on the Platform as part of the booking process before the contract is concluded.

2.2. The first activation of a user account takes place by means of initial registration, which is subject to a (one-off) fee on the part of the Provider. This registration fee is shown during the registration process and is accepted by the User upon completion of the registration. It is charged immediately and collected via the payment details provided by the User. If collection of the registration fee fails (e.g., due to incorrect entry of payment details), the user account will be deactivated or deleted.

2.3. No booking is permitted if the User does not or no longer fulfills the requirements specified in 2.1. and in the insurance terms and conditions. If the relevant requirements are not fulfilled, this may result in insurance cover not being provided or only being provided to a limited extent.

2.4. The Vehicle may also be driven by another person with the consent of the User and with the User present in the Vehicle. The User must ensure that the authorized drivers (representatives/authorized third parties) observe the provisions of these GTC and are fit to drive and in possession of a valid driver’s license for the Vehicle when they drive. The User is responsible for the actions of the authorized drivers as if they were their own. The User must be able to prove at any time who was driving the Vehicle (e.g., in the event of violations of road traffic regulations).

2.5. As a matter of principle, the User must ensure that all drivers fulfill or comply with the provisions described in this document, in particular Clause 2.1.

2.6. The Provider is entitled to limit the driving authorization and to extend it for a specified period only upon presentation of the User’s original driver’s license and/or to block the driving authorization until the driver’s license is presented if the driver’s license is not presented despite a request to do so. The driver’s license must be carried by the User on every journey.

2.7. The essential features of the rental contract are displayed to the User on the Platform as part of the booking process. These GTC and the insurance conditions can be accessed by the User on the Platform before the contract is concluded and can be saved in a reproducible form.

3. Booking and conclusion of contract; exclusion of consumers’ right of withdrawal

3.1. To book Vehicles on the Platform, the User must select the desired Vehicle, specify the desired rental period by entering the corresponding data on the booking page, and complete the booking process by clicking on the button “Confirm booking”. Before completing the booking by clicking on the “Confirm booking” button, the User can check their details for any input errors and, if necessary, correct them by entering different data. By clicking on the “Confirm booking” button, the booking form is sent to the Provider. The booking form can only be sent if the User has agreed to the applicability of these GTC and the insurance terms and conditions by sliding the button provided for this purpose. Sending the booking form constitutes an offer made by the User to the Provider to conclude a rental contract for the respective Vehicle in accordance with these GTC.

3.2. The User receives confirmation of receipt of the booking on the Platform (“Confirmation of Receipt”).

3.3. The User is informed of the acceptance of their offer by the Provider (“Booking Confirmation”) on the Platform.

3.4. Upon acceptance by the Provider, a payable vehicle rental contract is concluded between the Provider and the User. Upon conclusion of the contract, these GTC, the insurance terms and conditions, and other customer information (e.g., the contract data) are displayed to the User on the Platform and can be saved in a reproducible form.

3.5. The contract is concluded exclusively in German. The contract language is German. The text of the contract is not stored by the Provider and is not accessible to the User in the user account on the Platform.

3.6. Subject to deviating agreements in individual cases, the User has no right of withdrawal pursuant to Sec 312g para. 2 sentence 1 no. 9 of the German Civil Code (BGB).

4. Cancellations

4.1. If a User is unable to use the booked Vehicle, the booking can be canceled.

4.2. The User can cancel any booking free of charge up to 2 hours before the planned start of the journey or rebook to another Vehicle subject to availability. The Provider reserves the right to change the advance reservation time. The contract of use is concluded upon completion of the booking of the respective Vehicle.

4.3. If a booking is canceled less than 2 hours before the planned start of the journey, a fee will be charged in accordance with the Price and Fee List. Shortened bookings will be treated in the same way as cancellations of the shortened period.

5. Obligations of the user; restrictions on use

5.1. When taking over the Vehicle from the Provider, the User is obliged to check whether the Vehicle is dirty or has any defects or damage; these issues must be documented in the app.

5.2. The User must treat the Vehicle with proper care and diligence and ensure that it is used in a manner that is protective of materials, considerate, and environmentally friendly. They must observe the provided instructions, manuals, manufacturer’s specifications, technical regulations, and the Vehicle’s operating instructions.

5.3. The User is furthermore prohibited from smoking in the Vehicle or allowing passengers to smoke.

5.4. When transporting infants/children, the required booster seats or child car seats must be used and the manufacturer’s instructions (in particular regarding the installation of infant carriers) must be observed.

5.5. Unless otherwise agreed, the transportation of animals is prohibited.

5.6. The User is obliged to observe all relevant road traffic regulations and to assume the obligations incumbent on the vehicle owner and driver with regard to the road safety of the Vehicle for the duration of the use of the Vehicle. In wintry conditions, the Vehicle may only be used for journeys if it has equipment adapted to the weather conditions, in particular the appropriate tires.

5.7. The User is furthermore obliged

a. to ensure that the Vehicle is only used in a roadworthy and operationally safe condition. In particular, a visual inspection of the tires and the vehicle lights (including turn signals) must be carried out;

b. to ensure that a charging cable is present in the Vehicle if the Vehicle is an electric vehicle;

c. to check and adjust the oil level and tire pressure at the start of the journey and at regular intervals during the rental period, if necessary;

d. to secure the Vehicle against theft and, when leaving the Vehicle, to ensure that the parking brake has been applied; that doors, windows, trunk, and any sunroof or soft top are fully closed; that the steering wheel lock is engaged; and that the Vehicle’s lights are switched off, with the exception of any warning, position, or parking lights required by road traffic regulations;

e. to immediately stop the Vehicle if a warning light comes on, identify the cause of the fault, and – as far as possible and reasonable for the User – rectify it (e.g., by topping up operating fluids such as engine oil, brake fluid, or coolant); if the warning light indicates a technical defect or a vehicle malfunction, the User must contact the Provider immediately and before rectifying the problem;

f. to carry a valid driver’s license and the vehicle registration document with them on every journey with the Vehicle.

g. to report lost property to the Provider and hand it in at the address given above; the Provider accepts no liability for this.

5.8. The User is prohibited from

a. making the Vehicle available to other persons in deviation from the provisions in Clause 2.3.;

b. using the Vehicle for the commercial transportation of passengers, for subleasing, for advertising activities, or for other commercial purposes;

c. driving under the influence of drugs, alcohol, or such medication that may impair the ability to drive; the applicable blood alcohol level is 0.0 ‰;

d. using the Vehicle for illegal purposes, in particular for the commission of (tax) offenses;

e. using the Vehicle outside of public road traffic, for motor sport events or their preparation, for towing other vehicles, on race tracks or for participation in races, for vehicle tests, driving school exercises, driving safety training, and off-road driving (i.e., driving on unpaved roads);

f. using the Vehicle for the transportation of highly flammable, toxic, or other hazardous substances, with the exception of the transportation of such substances in customary household quantities;

g. using the Vehicle for the transportation of objects or substances that, due to their nature, size, shape, or weight, could impair the driving safety of the Vehicle or damage the Vehicle, particularly its interior;

h. using the Vehicle for the transportation of animals;

i. using the Vehicle for journeys outside Germany;

j. using the Vehicle to tow trailers, unless the Provider has given their prior consent;

k. grossly soiling the Vehicle or leaving waste in the Vehicle;

l. modifying the Vehicle technically or optically (paintwork, adhesive films, etc.), carrying out repairs or conversions themselves or having them carried out without the prior consent of the Provider or manipulating the Vehicle in any other way, unless this is necessary to avert danger.

In the event of a breach of the above prohibitions, the Provider is entitled to temporarily or permanently exclude the User from using the Vehicle with immediate effect and to block the User’s user account.

5.9. Unless otherwise agreed, the Vehicle may only be taken by the User to countries in which insurance cover exists in accordance with the applicable insurance terms and conditions.

6. Term of the contract of use, termination, blocking

6.1. The contract of use is concluded for an indefinite period and ends when the Vehicle is properly returned. The right of the contracting parties to extraordinary termination of the contract of use, especially due to serious breaches of contract (e.g., significantly exceeding the rental period, breach of obligations to provide information in the event of damage) remains unaffected.

6.2. In the event of significant culpable breaches of contract by the User, including default of payment with regard to previous uses, the Provider may temporarily or permanently exclude the User from using their Vehicles with immediate effect. The User will be notified of the exclusion without delay.

7. Insurance terms and conditions; user’s liability; user’s excess

7.1. All vehicles are covered by third-party liability and fully comprehensive insurance/partial coverage insurance to the usual extent. The excess for the User is 300.00 euros. Claiming insurance benefits is only permitted with the prior consent of the Provider.

7.2. The main features of the respective applicable insurance cover, including the amount of the deductible, are displayed to the User on the Platform prior to the conclusion of the contract as part of the booking process. These can be saved by the User in a reproducible form.

7.3. The User’s liability extends to incidental damage costs such as expert costs, towing costs, and depreciation.

7.4. There is no insurance cover and no limitation on the User’s liability for the excess for damage caused intentionally by the User or their passengers. In the event of damage caused by gross negligence, the insurance benefit and/or the limitation of liability will be reduced in proportion to the severity of the fault.

7.5. If the Provider incurs damage in the event of a breach by the User of the provisions on the use of the Vehicle made known to them (in particular in accordance with Clause 2 of these GTC), the User is fully liable for the entire damage in addition to the excess.

7.6. The User is fully liable for violations of the law, in particular for violations of traffic regulations and public order regulations, during the period of use and in connection with the parking of the Vehicle. The User undertakes to indemnify the Provider against all fines and penalties, fees, costs, and other expenses levied on the Provider by the authorities in connection with the aforementioned violations. As compensation for the administrative expenses incurred by the Provider for the processing of inquiries addressed to the Provider by prosecuting authorities for the investigation of administrative offenses and criminal offenses committed during the period of use, the Provider will receive a flat-rate handling fee as specified in the Price List, unless the User proves that the Provider has incurred lower expenses; the Provider is at liberty to claim further damages if appropriate proof is provided.

7.7. The User is liable within the scope of the statutory provisions for any damage caused by unintended use of the Vehicle (cf. in particular Sec 7 para. 3, Sec 18 para 1 of the German Road Traffic Act (StVG)).

7.8. If the User commits a grossly negligent or intentional breach of one of their obligations set out in Clause 5 of these GTC in connection with the notification and determination of the claim and the scope of the obligation to indemnify, they are also fully liable for the damage, i.e., without limitation to the excess. This does not apply if the User provides proof that the Provider has not suffered any disadvantage or damage as a result of the User’s breach of obligation.

7.9. In all other respects, the User is liable in accordance with the statutory provisions.

7.10. When using an electric vehicle, the accompanying charging cable must always be kept in the Vehicle during use. Any expenses incurred by the Provider as a result of non-compliance will be charged to the User. In addition, the Provider is entitled to charge costs for the recovery of vehicles and their loss of use resulting from failure to pay attention to the charge level and the remaining range.

8. Fees and terms of payment

8.1. The fee to be paid by the User is usage-dependent and depends on the selected Vehicle, the rental period, and, if applicable, the mileage during use. The amount of the fee owed by the User can therefore only be determined when the Vehicle is returned. The costs for the fuel, lubricants, and other necessary operating materials consumed during the rental period through the use of the Vehicle are included in the fee owed by the User.

8.2. The prices applicable to the calculation of the rental fee and other fees (including any flat-rate compensation for damage) are displayed to the User on the Platform prior to the conclusion of the contract as part of the booking process and can be saved in a reproducible form. Unless otherwise stated, the prices shown on the Platform are inclusive of statutory VAT. The Provider is entitled to change the Price List at any time in the future. The User will be notified of the change at least one month before it comes into effect.

8.3. The fee owed by the User is calculated after the Vehicle is returned and is due for payment after the User receives an invoice on the Platform. Invoices can also be sent to the User in electronic form.

8.4. Payments are to be made by the User with debt-discharging effect exclusively using the payment methods supported on the Platform. In this respect, the contractual and payment terms and conditions of the respective payment service provider displayed on the Platform during the booking process apply. These can also be accessed via the following link: stripe.com/de/legal.

8.5. The User must ensure that accurate and complete bank details (in particular, correct credit card data and/or IBAN) are stored in the user account. In the event of changes or inaccuracies in the bank details stored in the user account, these must be updated by the User immediately or corrected as soon as the User becomes aware of the inaccuracy. The data can be corrected or updated in the user account on the Platform. If the User is unable to update or correct the data in the user account on the Platform, the User must send the updated or, in the case of inaccuracies, corrected data by email to support@moqo.de.

8.6. If the User fails to meet their payment obligations even after receiving payment notices, the Provider is entitled to commission a company to collect the outstanding payment(s) at the expense of the User liable to pay. In conjunction with this process, the user account will be temporarily or permanently deactivated.

8.7. The User may incur costs in connection with the conclusion and execution of the contract that are charged by third parties (e.g., Internet service providers, telecommunications providers). These include, in particular, costs for data transmission in connection with the use of the Platform. These costs are not charged by the Provider and can therefore not be quantified.

9. Vehicle handover and return; late return; obligations of the user in connection with the confiscation or suspension of their driver’s license and imposed driving bans

9.1. The User is obliged to check the Vehicle for any soiling, defects, and damage when taking it over from the Provider; these must be documented in the app (Clause 9.4.).

9.2. Unless otherwise agreed, the following conditions will apply:

a. The Vehicle is transferred to the User at the beginning of the rental period at the location communicated by the Provider on the Platform. The Provider is entitled to refuse handing over the Vehicle as long as and insofar as the User is obviously unfit to drive (e.g., due to being under the influence of alcohol or narcotics, in particular due to drug use) or is obviously incapable of driving the Vehicle due to their physical condition or does not have a valid driver’s license entitling them to drive the Vehicle in the Federal Republic of Germany. The legal consequences in such a case are governed by the statutory provisions;

b. The Vehicle is returned by the User parking the Vehicle at the charging station in accordance with the road traffic regulations, connecting the Vehicle to the charging station, depositing the vehicle key and the charging card in the storage box provided for this purpose in the Vehicle, and ending the booking process by locking the Vehicle using the smartphone application. If the booking process cannot be ended because no mobile phone connection can be established, the User must make another attempt to end the process. If the User leaves the Vehicle without properly ending the usage process, the contract of use and the billing of the usage fee will continue. In addition to being obliged to return the Vehicle, the User is also obliged to return all other items they have received from the Provider in connection with the rental contract (including, in particular, the vehicle key, the vehicle registration certificate and other vehicle documents, as well as equipment and accessories, e.g., first aid kit, warning vests, and on-board tools).

9.3. Proper return of the Vehicle requires that the following conditions, in particular, are fulfilled:

a. The interior and exterior of the Vehicle are clean. If the Vehicle is returned in a grossly soiled condition or if there is waste of any kind in the Vehicle, the User must pay for the cleaning costs in accordance with the current Price List. The costs to be paid by the user are lower or higher if the User proves that the Provider has incurred lower costs or if the Provider proves that the actual costs were higher.

b. The Vehicle must be properly secured against theft and locked using the smartphone application. In particular, doors, windows, soft top, and sunroof must be closed, the steering wheel lock must be engaged, and the lights must be switched off.

c. The Vehicle is returned with all documents provided, including charging cards, parking cards, and vehicle keys in the storage box provided for this purpose.

d. No equipment items or accessories are missing from the Vehicle.

9.4. The User must ensure that the charging cable has been plugged in correctly and that the charging process has started at the charging station (the vehicle display will show the estimated time remaining until full charge). The User is obliged to ensure that when the Vehicle is returned, the charge level is at least equal to the minimum value displayed on the Platform during the booking process.

9.5. Subject to the provisions of this Clause 9, the parties are obliged to complete the relevant part of the digital log (“Log”) provided on the Platform completely and truthfully when handing over and returning the Vehicle. In particular, any existing damage at the time of the handover and any damage incurred during the rental period must be documented in the Log. Against this background, the User must ensure that the mobile device used by them to complete the Log is functional when the Vehicle is handed over and returned, has sufficient power supply to complete the Log, and can be connected to the Internet to transmit the Log if there is network coverage.

9.6. If it is not possible for the parties – for whatever reason – to complete, confirm, or send the Log, a written handover and damage log must be drawn up.

9.7. If no agreement is reached on the conditions of the Vehicle, including any existing damage, defects, and their assessment, the Provider will commission an independent expert company to determine the condition of the Vehicle and any possible reduction in value. The costs of the expert’s report will be borne equally by the User and the Provider. The expert’s report is binding for both contracting parties as an arbitration report. In other respects, the expert’s report does not preclude legal recourse.

9.8. If the User is unable to meet the agreed return time, they must extend the rental period before the expiry of the initially agreed return time. If an extension is not possible due to a subsequent booking and the original return time can, in fact, not be met by the User, the User is obliged to notify Customer Service. In addition, the Provider is entitled to charge for the time exceeding the rental period in accordance with Clause 9.8.

9.9. If the User does not properly park the Vehicle and end the booking process within 15 minutes of the end of the rental period, the User will continue to be charged the usage price. In addition, the Provider is entitled to charge a fee in accordance with the current Price List. This does not preclude the Provider from claiming further damages.

9.10. Any existing rental stations must be treated with care, any existing gates or barriers must be closed after passing through them, and parking barriers must be raised.

9.11. The User is obliged to inform the Provider, without being prompted to do so, of any driving ban imposed on them, any provisional or final deprivation of their right to drive a motor vehicle, or the revocation (including temporary seizure or confiscation) of their driver’s license that is in force at the time the Vehicle is handed over. Furthermore, the User is obliged to only drive the Vehicle as long as they have a valid driver’s license authorizing them to drive the Vehicle and as long as no driving ban exists against them during the rental period. The User must inform the Provider immediately of any deprivation or restriction of their right to drive a motor vehicle, any revocation (including temporary seizure or confiscation) of their driver’s license, or any driving ban imposed on them during the rental period. From the time of occurrence and for the duration of the aforementioned circumstances, the User is prohibited from driving the Vehicle.

10. Charging the vehicle; charging cards; contractual penalty for misuse

10.1. Unless otherwise specified, each Vehicle comes with a charging card. If the charging card is missing, this must be reported before the start of the journey. The User undertakes to use the charging card exclusively for charging the Vehicle used.

10.2. The electric vehicles can be charged at the charging station from which the Vehicle was picked up or at any charging station of the ladenetz.de (www.swk-kl.de/ladekarte) charging network.

10.3. The Provider reserves the right to report any other use of the charging card/fuel card to the responsible law enforcement authorities. The User undertakes to pay a contractual penalty in accordance with the Price List for each case of the charging card/fuel card being used in breach of contract, waiving the defense of continuation of the contract, unless the user proves that the Provider has suffered less damage; this does not preclude the Provider from claiming further damages.

11. Behavior in the event of breakdowns, accidents, theft, and other cases of damage or loss

11.1. The User is obliged to inform the Provider and the police immediately in the event of an accident, theft, or destruction of the Vehicle as well as in other cases of damage or loss. This also applies to minor damage and accidents not involving third parties. Furthermore, in the event of theft of the Vehicle, vehicle parts, or vehicle accessories, and in the event of the Vehicle being broken into or otherwise damaged by unknown persons (in particular vandalism), the User must report this to the police immediately after informing the Provider. The User is obliged to ensure that all necessary, appropriate, and reasonable measures are taken to minimize damage and preserve evidence.

11.2. In the event of an accident, the User may not leave the scene of the accident before the completion of the accident investigation (by the police), insofar as this is possible and reasonable or would otherwise constitute unauthorized leaving the scene of an accident within the meaning of the German Criminal Code (StGB). Sentence 1 shall not apply if the User leaves the scene of the accident due to their own or a third-party’s accident-related injury or other health impairments. Unless the Provider has given its prior consent, the User is not permitted to make any acknowledgment of guilt, in particular no acknowledgment of any claims of the other party or any payment or other action acknowledging damage or guilt that would be to the detriment of the Provider and would prejudge the settlement of any liability claims.

11.3. The User must document the occurrence of any event referred to in Clause 11.1. to a reasonable extent, insofar as this is reasonable for the User to do. In the event of damage (e.g., an accident), this includes making a sketch and recording the names and addresses of all persons involved in the accident as well as those of any witnesses and the license plate numbers of the vehicles involved. Any damage to the Vehicle must be recorded – if possible by taking photographs. The documentation must be sent to the Provider without delay, along with the police file number, if relevant.

11.4. In the event of damage or breakdowns, the User must – as far as possible – inform the Provider immediately before initiating any towing, repair, or similar measures, and coordinate the initiation of such measures with the Provider. This does not apply in emergencies or in other cases in which the circumstances require immediate action. In such cases, the Provider must be informed immediately afterwards.

11.5. Moreover, in the event of damage or loss and in the event of a breakdown, the User must comply with the duties of conduct imposed upon them under the terms and conditions of the insurance.

11.6. At the Provider’s request, the User must fully complete and sign the claims form provided by the Provider and return it to the Provider. If the Provider does not receive a written damage report within a reasonable amount of time, the Provider may charge the User for the resulting additional expenses.

11.7. The Provider makes the decision as to whether and how the contractual relationship is continued or terminated following the occurrence of damage.

11.8. In any case, the Provider is entitled to choose the repair facility.

11.9. If an accident claim cannot be settled by the insurance company because the User refuses to provide information, the Provider reserves the right to charge the User for all accident-related costs for damage to persons, objects, and vehicles.

11.10. The Provider may charge the User a flat-rate handling fee in accordance with the Price List for the expenses associated with the settlement of claims in the event of an accident for which the User is partially or wholly responsible, unless the User proves to the Provider that the latter has incurred no or only significantly less damage.

12. Technical assistance

If the User causes a technician to be called out due to improper operation of the Vehicle or the access technology or due to non-compliance with the rules, the User will be charged costs in accordance with the Price List, unless the User can prove that the costs were lower. The Provider may demand compensation for further damage if the Provider proves that the damage is higher than the costs listed in the Price List.

13. Liability of the provider

13.1. The liability of the Provider is governed by the statutory provisions, unless otherwise regulated in individual cases or in the other provisions of this Clause 13.

13.2. Subject to the further provisions of this Clause 13, the Provider is only liable if and to the extent that the Provider, its legal representatives, executives, employees, or other vicarious agents are guilty of willful intent or gross negligence. However, in the event of default by the Provider or impossibility of providing the service for which the Provider is responsible, as well as in the event of a breach of material contractual obligations (so-called cardinal obligations), the Provider is liable for any culpable conduct of its own or that of its legal representatives, executives, employees, or other vicarious agents. Material contractual obligations are abstractly defined as those obligations whose fulfillment is essential for the proper execution of the contract in the first place and on compliance with which the User may reasonably rely (e.g., maintenance obligation of the Provider). The Provider’s no-fault warranty liability for initial defects in accordance with Sec 536a para. 1 1. Alternative of the German Civil Code (BGB) is excluded.

13.3. Except in the case of willful intent or gross negligence on the part of the Provider, its legal representatives, executives, employees, or other vicarious agents, the liability of the Provider is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.

13.4. The exclusions and limitations of liability set out in Clauses 13.2. and 13.3. do not apply in the event of the assumption of express guarantees, in the event of claims due to the absence of promised features, and for damages resulting from injury to life, limb, or health, and in the event of mandatory statutory provisions. In the event of a debtor’s default on the part of the Provider, the limitations of liability set out in Clause 13.3. shall not apply to claims for default interest, to the default lump sum in accordance with Sec 288 para. 5 of the German Civil Code (BGB), and to compensation for the damage caused by the default, which is based on the costs of the legal action.

13.5. Liability under the Product Liability Act remains unaffected.

14. Data protection

The Provider’s data protection declaration can be accessed by the User on the Provider’s website at the following link:
https://emil.swk-kl.de/datenschutz
Further information on the use of user data via the MOQO platform can be found at:
http://wwo.moqo.de/de/datenschutz

15. Notification of changes

15.1. The User can correct or update their data (changes to their name, address, bank details, or contact data (email address, telephone number) in the user account on the Platform. If the User is unable to update or correct the data in the user account on the Platform, the User must send the updated or, in the case of inaccuracies, corrected data by email to kontakt@emil-kl.de.

15.2. In addition, the User must inform the Provider and DMS immediately in writing (e.g., by email to kontakt@emil-kl.de) of the suspension or restriction of their driver’s license or confiscation of their driver’s license (including temporary seizure or confiscation) during the rental period; the same applies in the event that an official or court-ordered driving ban is imposed on the User during the rental period.

16. Applicable law; place of jurisdiction

16.1. These GTC and the individual rental agreement concluded on this basis are subject to the laws of the Federal Republic of Germany.

16.2. If the User is a consumer within the meaning of Sec 13 of the German Civil Code (BGB) and (i) has no general place of jurisdiction in the Federal Republic of Germany or in another EU member state, or (ii) moves their domicile or usual place of residence abroad after conclusion of the contract, or if (iii) their domicile or usual place of residence is not known at the time legal action is taken, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the registered office of the Provider. If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is also the registered office of the Provider. Otherwise, the statutory places of jurisdiction are applicable.

17. Dispute resolution

17.1. The EU Commission has set up a website for online dispute resolution (ODR Platform). This can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

17.2. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

18. Rights of set-off or retention

The parties are only entitled to rights of set-off or retention to the extent that the claim in question is ready for decision, undisputed, recognized in writing by the other party, or established as legally binding; this restriction does not apply to synallagmatic, i.e., mutually dependent claims.