1. Subject-matter of the contract; scope of application
1.1. SWK Stadtwerke Kaiserslautern Versorgungs-AG (‘Provider’) offers users of the MOQO platform (‘Platform’) operated by Digital Mobility Solutions GmbH (‘DMS’) ( the users of the Platform, individually or collectively referred to as “Users”), in accordance with these General Terms and Conditions (“GTC”), to grant them the use of the Provider’s self-drive car-sharing vehicles (“Vehicles”) in return for payment.
1.2. These GTC apply to the business relationship between the Provider and Users who wish to conclude individual rental agreements for Vehicles with the Provider in accordance with these GTC by using the Platform. The GTC govern, in particular, the booking, provision and use of the Provider’s Vehicles offered for hire on the Platform. These GTC do not apply to rental agreements that are not concluded via the Platform.
1.3. These General Terms and Conditions do not apply to the business relationship between users and DMS. DMS merely operates the platform and does not itself offer any vehicles.
2. Eligibility to book and use; driving licence; use of the vehicle by third parties
2.1. Booking vehicles on the platform generally requires that the user
a. is a natural person with full legal capacity;
b. has registered to use the platform and holds a user account;
c. holds a valid driving licence entitling them to drive the relevant vehicle in the Federal Republic of Germany;
d. has had their driving licence verified by DMS, the provider or an authorised representative in accordance with the procedures offered in each case (online, i.e. using a software application, or offline, i.e. in person). This verification is subject to regular renewal. If the user fails to comply with this (re)verification by the deadline, their user account will be deactivated from the expiry of the deadline (i.e. the user will no longer be able to use the vehicle). As soon as proof has been provided again, the user account will be reactivated immediately. If a period of six months elapses after the deadline without new proof having been provided, the user account will be deleted and any remaining credit will be forfeited.
Furthermore, the requirements of the insurance terms and conditions must be observed; these are displayed to the user on the platform as part of the booking process prior to the conclusion of the contract.
2.2. A user account is initially activated upon first-time registration, which is subject to a (one-off) fee charged by the provider. This registration fee is displayed during the registration process and, upon its full completion by the user, is accepted, charged immediately and collected via the payment details provided by the user. If the registration fee cannot be collected (e.g. due to incorrect payment details), the user account will be deactivated or deleted.
2.3. A booking is not permitted if the user does not, or no longer, meet the requirements set out in 2.1. and in the insurance terms and conditions. Where the relevant requirements are not met, this may result in insurance cover not being provided or being limited.
2.4. The vehicle may also be driven by another person with the user’s consent and in their presence. The user must ensure that authorised drivers (authorised representatives/authorised third parties) comply with the provisions of these General Terms and Conditions and, when driving, are fit to drive and hold a valid driving licence for the vehicle. The user shall be liable for the actions of authorised 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 breaches of road traffic regulations).
2.5. The user must, as a matter of principle, ensure that all drivers fulfil or comply with the conditions set out in this document, in particular clause 2.1.
2.6. The Provider is entitled to impose a time limit on driving authorisation and to extend it for a specified period only upon presentation of the User’s original driving licence, and/or, if the driving licence is not presented despite being requested, to suspend driving authorisation until the driving licence is presented. The user must carry their driving licence with them on every journey.
2.7. The key terms of the hire agreement are displayed to the user on the platform as part of the booking process. These Terms and Conditions, as well as the insurance terms and conditions, may be accessed by the user on the platform prior to the conclusion of the contract and saved in a reproducible format.
3. Booking and conclusion of the contract; exclusion of the consumer’s right of withdrawal;
3.1. To book vehicles on the platform, the user must select the desired vehicle, specify the desired hire period by entering the relevant details on the booking page, and complete the booking process by clicking the ‘Book with obligation to pay’ button. Before finalising the booking by clicking the ‘Book with obligation to pay’ button, the user may check their details for any input errors and, if necessary, correct them by entering different details. By clicking the ‘Book with obligation to pay’ button, the booking form is sent to the provider. The booking form can only be submitted if the user has agreed to these General Terms and Conditions and the insurance terms and conditions by clicking the button provided for this purpose. Submission of the booking form constitutes an offer by the user to the provider to conclude a hire agreement for the relevant vehicle in accordance with these General Terms and Conditions.
3.2. Receipt of the booking is confirmed to the user on the platform (‘Confirmation of Receipt’).
3.3. The user is informed on the platform of the provider’s acceptance of their offer (‘Booking Confirmation’).
3.4. Upon acceptance by the Provider, a vehicle hire contract for consideration is concluded between the Provider and the User. Upon conclusion of the contract, these General Terms and Conditions, the insurance terms and conditions, and further customer information (e.g. the contract details) are displayed to the User in text form on the platform and may be saved in a reproducible format.
3.5. The contract is concluded exclusively in German. The language of the contract is German. The text of the contract is not stored by the Provider and is not accessible to the User via their user account on the platform.
3.6. Subject to any deviating agreements in individual cases, the User has no right of withdrawal pursuant to Section 312g(2), first sentence, No. 9 of the German Civil Code (BGB).
4. Cancellations
4.1 If a user is unable to use the booked vehicle, a cancellation may be made.
4.2 The user may cancel any booking free of charge up to 2 hours before the scheduled start of the journey or rebook onto another vehicle, subject to availability. The provider reserves the right to change the advance booking period. The user agreement comes into effect upon completion of the booking for the relevant vehicle.
4.3 In the event of a cancellation less than 2 hours before the scheduled start of the journey, a fee will be charged in accordance with the price and fee list. Shortening the duration of a booking will be treated as a cancellation for the shortened period.
4.4 If a customer fails to take up their booking, it will be automatically cancelled 30 minutes after the start of the booking period. The fee specified in clause 4.3 will then be charged accordingly.
4.5 In the cases of cancellation referred to in 4.3 and 4.4, the provider may, in individual cases, waive the fee if the user can demonstrate to the provider’s satisfaction that the cancellation was not their fault (e.g. by providing a medical certificate, proof of cancelled train services, etc.). The decision to charge the fee is then at the Provider’s discretion.
5. User’s obligations; restrictions on use
5.1. The user is obliged to inspect the vehicle upon collection from the provider for any existing soiling, defects or damage; these must be documented in the app.
5.2. The user must treat the vehicle with care and attention and ensure that it is used in a manner that is gentle on the materials, considerate and environmentally friendly. They must follow any instructions, manuals, manufacturer’s specifications, technical regulations and the vehicle’s operating instructions provided.
5.3. The user is also prohibited from smoking in the vehicles or allowing passengers to smoke.
5.4. When transporting (young) children, the necessary booster seats or child restraint systems must be used, and the manufacturer’s instructions (in particular regarding the fitting of infant carriers) must be followed.
5.5. Unless otherwise agreed, the transport of animals is prohibited.
5.6. The user is obliged to comply with all relevant road traffic regulations and, for the duration of the vehicle’s use, to assume the duties incumbent upon a vehicle owner and driver with regard to the roadworthiness of the vehicle. In winter conditions, the vehicle may only be used for journeys provided it is equipped with the appropriate equipment for the weather conditions, in particular the required tyres.
5.7. The user is also obliged to:
a. ensure that the vehicle is only used in a condition that is safe for road use and operation. In particular, a visual inspection of the tyres and the vehicle’s lighting (including direction indicators) must be carried out;
b. ensure that a charging cable is present in the vehicle, provided the vehicle is an electric vehicle;
c. to check the oil level and tyre pressure at the start of the journey and at regular intervals during the hire period, and to adjust them where necessary;
d. to secure the vehicle against theft and, when leaving the vehicle, to ensure that the handbrake has been applied, the doors, windows, boot and any sunroof or soft top are fully closed, the steering wheel lock is engaged and the vehicle’s lights are switched off, with the exception of any warning, position or parking lights required by road traffic regulations;
e. in the event that a warning light comes on, to stop the vehicle immediately, identify the cause of the fault and – insofar as this is possible and reasonable for the user – rectify it (e.g. by topping up fluids such as engine oil, brake fluid or coolant); where the warning light indicates a technical fault or a defect in the vehicle, the user must contact the provider immediately and before rectifying the fault;
f. to carry a valid driving licence and the vehicle registration document on every journey with the vehicle.
g. to report any lost property to the provider and hand it in at the address given above; the provider accepts no liability for such items.
5.8. The user is prohibited from: a. allowing other persons to use the vehicle
, contrary to the provisions in clause 2.3;
b. using the vehicle for the commercial carriage of passengers, for subletting, for advertising purposes or for any other commercial purposes;
c. driving the vehicle whilst under the influence of drugs, alcohol or any medication that may impair driving ability; a blood alcohol limit of 0.0‰ applies;
d. to use the vehicle for unlawful purposes, in particular to commit (tax-related) criminal offences;
e. to use the vehicle off public roads, for motor sport events or in preparation for such events, for towing other vehicles, on race tracks or to take part in races, for vehicle testing, for driving school exercises, driver safety training or off-road driving (i.e. driving off paved roads);
f. to be used for the carriage of highly flammable, toxic or other hazardous substances, with the exception of the carriage of such substances in quantities customary for domestic use;
g. to be used for the transport of objects or substances which, due to their nature, size, shape or weight, may impair the vehicle’s road safety or damage the vehicle, in particular its interior;
h. to transport animals;
i. to use the vehicle for journeys outside Germany;
j. to tow trailers, unless the provider has given its prior consent;
k. to cause significant soiling or to leave rubbish in the vehicle;
l. to modify the vehicle technically or visually (paintwork, adhesive films, etc.), to carry out or arrange for repairs or alterations without the Provider’s prior consent, or to tamper with 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 suspend the User’s customer account.
5.9. Unless otherwise agreed, the User may only take the vehicle into countries in which insurance cover is provided in accordance with the applicable insurance terms and conditions.
6. Term of the Usage Agreement, Termination, Suspension
6.1. The usage agreement is concluded for an indefinite period and ends upon the proper return of the vehicle. The right of the contracting parties to terminate the usage agreement for cause, in particular due to serious breaches of contract (e.g. significantly exceeding the booking period, failure to comply with disclosure obligations in the event of damage), remains unaffected.
6.2. In the event of significant culpable breaches of contract by the user, including late payment in respect of previous usage, the provider may temporarily or permanently exclude the user from using the vehicle with immediate effect. The user shall 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 insurance and comprehensive/part-comprehensive insurance to the usual extent. The user’s excess is 500.00 euros. Insurance claims may only be made with the provider’s prior consent.
7.2. The key features of the applicable insurance cover, including the amount of the excess, are displayed to the user on the platform as part of the booking process prior to the conclusion of the contract. The user may save these in a reproducible format.
7.3. The user’s liability extends to incidental costs arising from damage, such as expert’s fees, towing costs and depreciation.
7.4. There is no insurance cover for damage caused intentionally by the user or their passengers, nor is the user’s liability limited to the excess. Where damage is caused through gross negligence, the insurance benefit or limitation of liability shall be reduced in proportion to the severity of the fault.
7.5. Should the Provider suffer any loss as a result of the User’s breach of the guidelines on vehicle use communicated to them (in particular as set out in Clause 2 of these General Terms and Conditions), the User shall be fully liable for the entire loss, in excess of the excess.
7.6. The user shall be fully liable for any breaches of the law, in particular for breaches of traffic 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, penalties, fees, costs and other expenses imposed on the provider by the authorities in connection with the aforementioned breaches. As compensation for the administrative costs incurred by the Provider in processing enquiries addressed to the Provider by law enforcement authorities for the purpose of investigating administrative offences and criminal offences committed during the period of use, the Provider shall receive a flat-rate fee per case as specified in the price list, unless the User can prove that the Provider incurred lower costs; the Provider is free, upon providing appropriate evidence, to claim further damages.
7.7. The User shall be liable, within the limits of the statutory provisions, for any damage arising from any unauthorised use of the vehicle (see, in particular, Section 7(3) and Section 18(1) of the Road Traffic Act (StVG)).
7.8. If the user breaches, through gross negligence or wilfully, any of their obligations set out in Clause 5 of these Terms and Conditions in connection with the notification and determination of the claim and the extent of the obligation to pay compensation, they shall also be fully liable for the damage, i.e. without limitation to the excess. This shall not apply where the user provides evidence that the provider has not suffered any disadvantage or loss as a result of the user’s breach of duty.
7.9. In all other respects, the user shall be liable in accordance with the statutory provisions.
7.10. When using an electric vehicle, the corresponding charging cable must always be carried in the vehicle whilst it is in use. Any costs incurred by the provider as a result of non-compliance shall be charged to the user. Furthermore, the provider is entitled to charge for the recovery of vehicles and for any loss of use arising from a failure to monitor the charge level and remaining range.
8. Charges and Terms of Payment
8.1. The fee payable by the user is usage-based and depends on the vehicle selected, the hire period and, where applicable, the mileage accrued during use. The amount of the fee owed by the user can therefore only be determined upon return of the vehicle. The costs of fuel, lubricants and other necessary consumables used during the hire period are included in the fee owed by the user.
8.2. The prices applicable at the time of calculating the fee, as well as any other charges (including any flat-rate damage charges), are displayed to the user on the platform as part of the booking process prior to the conclusion of the contract and may be saved in a reproducible format. Unless otherwise stated, all prices displayed on the platform include statutory value added tax. The Provider is entitled to amend the price list at any time for future bookings.
8.3. The fee payable by the User is calculated upon return of the vehicle and becomes due for payment upon receipt of an invoice on the platform. Invoices may also be sent to the user in electronic form.
8.4. Payments must be made by the user with discharging effect exclusively using the payment methods supported on the platform. In this respect, the terms and conditions of contract and payment of the respective payment service provider, as displayed on the platform during the booking process, shall apply. These can also be accessed via the following link: https://stripe.com/de/legal.
8.5. The user must ensure that accurate and complete bank details (in particular, correct credit card details and/or IBAN) are stored in the user account. In the event of any changes to or inaccuracies in the bank details stored in the user account, the user must update them immediately or correct them as soon as the inaccuracy is discovered. The details can be corrected or updated via the user account on the platform. Should the user be unable to update or correct the details in their user account on the platform, they must send the updated details – or, in the event of inaccuracies, the corrected details – by email to support@moqo.de.
8.6. If the user fails to meet their payment obligations even after receiving payment reminders, the provider is entitled to instruct a debt collection agency, at the expense of the user liable for payment, to collect the outstanding payment(s). 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 performance of the contract which 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 therefore cannot be quantified.
9. Handover and return of the vehicle; handover report; late return; the user’s obligations in connection with the withdrawal or restriction of their driving licence and any driving bans imposed
9.1. The user is obliged to inspect the vehicle upon collection from the provider for any dirt, defects or damage; these must be documented in the app (Clause 9.4).
9.2. Unless otherwise agreed, a. the vehicle shall
be handed over to the user at the start of the hire period at the location specified by the provider on the platform. The Provider is entitled to refuse to hand over the vehicle as long as and to the extent that the User is clearly unfit to drive (e.g. due to the influence of alcohol or drugs, in particular through drug use) or, due to their physical condition, is manifestly unfit to drive the vehicle, or does not hold a valid driving licence authorising them to drive the vehicle in the Federal Republic of Germany. In this case, the legal consequences shall be governed by the statutory provisions;
b. the return of the vehicle, whereby the user parks the vehicle at the collection point in accordance with the Highway Code, connects the vehicle to the charging point, places the vehicle key and the charging card in the designated box inside the vehicle, and completes the booking process by locking the vehicle via the smartphone app. If the booking process cannot be completed because a mobile network connection cannot be established, the user must attempt to complete the process again. If the user leaves the vehicle without properly completing the usage process, the user agreement and the calculation of the usage fee shall continue. The user’s obligation to return the vehicle also includes all other items handed over to them by the provider in connection with the hire agreement (in particular, the vehicle keys, vehicle registration certificate and other vehicle documents, as well as equipment and accessories, e.g. first-aid kit, high-visibility vests and on-board tools).
9.3. Proper return of the vehicle requires, in particular, the following:
a. The vehicle must be clean both inside and out. If the vehicle is returned in a heavily soiled condition or if there is rubbish of any kind inside the vehicle, the user must bear the cleaning costs in accordance with the current price list. The costs to be borne by the user will be lower or higher if the user can prove that the provider incurred lower costs, or if the provider can prove that the actual costs were higher.
b. The vehicle must be properly secured against theft and locked via the smartphone app. In particular, the doors, windows, soft top and sunroof must be closed, the steering wheel lock engaged and the lights switched off.
c. The vehicle must be returned with all documents provided, including charging cards, parking cards and vehicle keys, in the designated storage compartment (box).
d. No items of equipment or accessories must be missing from the vehicle.
9.4. The user must ensure that the charging cable has been correctly connected and that the charging process begins at the charging station (the vehicle display shows the estimated time remaining until the battery is fully charged). The user is obliged to ensure that, upon returning the vehicle, 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 section of the digital handover report provided on the platform (‘Report’) fully and truthfully upon both collection and return of the vehicle. In particular, any damage present at the time of collection or arising during the hire period must be documented in the Report. Against this background, the User must ensure that the mobile device used to complete the report is in working order at the time of handover and return of the vehicle, has sufficient battery power to complete the report, and can be connected to the internet to transmit the report where network coverage is available.
9.6. If, for whatever reason, the parties are unable to complete, confirm or submit the report, a written handover and damage report must be drawn up.
9.7. If no agreement is reached regarding the condition of the vehicle, including any existing damage, defects and their assessment, the Provider shall commission an independent expert firm to determine the condition of the vehicle and any loss in value. The costs of the expert report shall be borne equally by the User and the Provider. The expert’s report shall be binding on both contracting parties as an arbitration report. Furthermore, the expert’s report does not preclude legal action.
9.8. If the user is unable to meet the agreed return time, they must extend the booking period before the expiry of the originally agreed return time. If an extension is not possible due to a subsequent booking and the user is genuinely unable to meet the original return time, the user is obliged to notify customer services. Furthermore, the provider is entitled to charge for the time exceeding the booking period in accordance with clause 9.8.
9.9. If the user fails to park the vehicle properly and complete the booking process within 15 minutes of the booking period expiring, the usage fee will continue to be charged to the user. 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 rental stations must be treated with care; any gates or barriers must be locked after passing through, and parking barriers must be erected.
9.11. The user is obliged to inform the provider, without being asked, of any driving ban imposed on them at the time of handover of the vehicle, the provisional or permanent withdrawal of their driving licence, or the confiscation (including temporary seizure or forfeiture) of their driving licence. Furthermore, the User is obliged to undertake journeys with the hired vehicle only whilst they hold a valid driving licence authorising them to drive the vehicle and provided that no driving ban is in force against them during the hire period. The user must inform the provider immediately of any withdrawal or restriction of their driving licence, any confiscation (including temporary seizure or impoundment) of their driving licence, or any driving ban imposed on them during the hire period. From the moment any of the aforementioned circumstances arise and for as long as they persist, the User is prohibited from driving the vehicle.
10. Charging the vehicle; charging cards; contractual penalty for misuse
10.1. Unless otherwise stated, each vehicle is equipped with a charging card. The absence of the charging card must be reported before setting off. The user undertakes to use the charging card exclusively for charging the vehicle in use.
10.2. Electric vehicles may be charged at the relevant charging point or at any charging point within the ladenetz.de network (swk-kl.de/ladekarte).
10.3. The Provider reserves the right to report any other use of the charging card/fuel card to the relevant law enforcement authorities. The user undertakes, waiving the defence of continuing offence, to pay a contractual penalty in accordance with the price list for every instance of use of the charging card/fuel card in breach 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. Procedure in the event of breakdowns, accidents, theft and other instances of damage or loss
11.1. In the event of an accident, theft or destruction of the vehicle, as well as in other cases of damage or loss, the user is obliged to notify the provider and the police immediately. This also applies to minor damage and to accidents not involving third parties. Furthermore, in the event of theft of the vehicle, vehicle parts or accessories, as well as in the event of a break-in into the vehicle or any other damage caused by unknown persons (in particular vandalism), the user must report the matter to the police immediately after informing the provider. The user is obliged to ensure that all necessary, reasonable and practicable measures are taken to minimise damage and preserve evidence.
11.2. In the event of an accident, the user must not leave the scene of the accident before the (police) accident report has been completed, insofar as this is possible and reasonable for them to do so, or where failure to do so would otherwise constitute an unlawful departure from the scene of the accident within the meaning of the Criminal Code (StGB). The first sentence shall not apply where the user leaves the scene of the accident due to injury sustained by themselves or a third party as a result of the accident, or due to other health impairments. The user is not permitted, without the Provider’s prior consent, to issue an admission of liability, in particular to acknowledge the other party’s claims or to make payments or take any other action constituting an admission of liability or damage, which 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 to expect of the user. In the event of damage (e.g. an accident), this includes drawing up a sketch and recording the names and addresses of all persons involved in the accident, any witnesses, and the registration numbers of the vehicles involved. Damage to the vehicle must be documented – where possible by taking photographs. The documentation must be sent to the Provider without delay, stating the police reference number where applicable.
11.4. In the event of a claim or a breakdown, the user must – where possible – inform the provider immediately before arranging for towing, repairs or similar measures, and must coordinate the arrangement of such measures with the provider. This does not apply in emergencies or in other cases where circumstances require immediate action. In such cases, the Provider must be informed immediately afterwards.
11.5. Furthermore, in the event of damage, loss or breakdowns, the User must comply with the duties of conduct incumbent upon them under the terms and conditions of the insurance.
11.6. At the Provider’s request, the User must complete the claim form provided by the Provider in full and return it to the Provider, signed. If the Provider does not receive a written claim notification within a reasonable period, the Provider may charge the User for any additional costs incurred as a result.
11.7. The Provider shall decide whether and how the contractual relationship is to be continued or terminated following the occurrence of damage.
11.8. The choice of repair workshop shall in all cases rest with the Provider.
11.9. If an accident 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 arising from damage to persons, property and vehicles.
11.10. In the event of an accident for which the user is partly or wholly at fault, the Provider may charge the user a flat-rate fee in accordance with the price list to cover the costs associated with settling the claim, unless the user can prove to the Provider that the Provider has incurred no loss or only a significantly lower loss.
12. Technician call-out
If the user causes a technician to be called out due to improper operation of the vehicle or the access equipment, or due to failure to comply with the rules, the user will be invoiced for the costs in accordance with the price list, unless the user can prove that the costs incurred were lower. The provider may claim compensation for any further damage if the provider can prove that the damage exceeds the costs listed in the price list.
13. Liability of the Provider
13.1. The Provider’s liability is governed by the statutory provisions, unless otherwise provided for in individual cases or in the remaining provisions of this Section 13.
13.2. Subject to the further provisions of this Clause 13, the Provider shall only be liable if and to the extent that the Provider, its legal representatives, senior executives, employees or other vicarious agents are found to have acted with intent or gross negligence. However, in the event of the Provider being in default or the impossibility of performance 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 shall be liable for any culpable conduct on its part or on the part of its legal representatives, senior executives, employees or other vicarious agents. Essential contractual obligations are defined, in abstract terms, as those obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely (e.g. the Provider’s maintenance obligation). The Provider’s strict liability for initial defects pursuant to Section 536a(1), first alternative, of the German Civil Code (BGB) is excluded.
13.3. Except in cases of wilful misconduct or gross negligence on the part of the Provider, its legal representatives, senior executives, employees or other vicarious agents, the Provider’s liability shall be limited in amount to the damage typically foreseeable at the time the contract was concluded.
13.4. The exclusions and limitations of liability set out in clauses 13.2 and 13.3 shall not apply in the event of the provision of express guarantees, in the case of claims arising from the absence of warranted characteristics, or in respect of damages resulting from injury to life, limb or health, nor shall they apply where mandatory statutory provisions apply. The limitations of liability set out in clause 13.3 shall not apply, in the event of default by the Provider, to claims for interest on arrears, the flat-rate default charge pursuant to Section 288(5) of the German Civil Code (BGB), or compensation for loss arising from the default which is attributable to the costs of legal proceedings.
13.5. Liability under the Product Liability Act remains unaffected.
14. Data Protection
The Provider’s privacy policy is available to the User on the Provider’s website via the following link: emil-kl.de/rechtliches/datenschutz
Further information on the use of user data via the MOQO platform is available at:
moqo.de/de/datenschutz
15. Notification of changes
15.1. The user may correct or update their details (changes to their name, address, bank details or contact details (email address, telephone number)) via their user account on the platform. Should the user be unable to update or correct the data in their user account on the platform, they must send the updated data – or, in the event of inaccuracies, the corrected data – by email to kontakt@emil-kl.de.
15.2. Furthermore, the user must immediately inform the provider and DMS in writing (e.g. by email to kontakt@emil-kl.de) of any withdrawal or restriction of their driving licence or the confiscation of their driving licence (including temporary seizure or confiscation) during the hire period; the same applies in the event that an administrative or court-imposed driving ban is imposed on the user during the hire period.
16. Applicable law; place of jurisdiction
16.1. These General Terms and Conditions and the individual hire agreement concluded on this basis are governed by the law of the Federal Republic of Germany.
16.2. Insofar as the User is a consumer within the meaning of Section 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 place of residence or habitual abode abroad after the conclusion of the contract, or insofar as (iii) their place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall be the Provider’s registered office. Where the user is a trader, a legal person governed by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall likewise be the provider’s registered office. In all other respects, the statutory places of jurisdiction shall apply.
17. Dispute resolution
17.1. The European Commission has set up a website for online dispute resolution (ODR platform). This can be accessed via the following link: 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 shall only be entitled to rights of set-off or retention insofar as the claim in question is ready for a decision, is undisputed, has been acknowledged in writing by the other party or has been established by a final and binding judgement; this restriction shall not apply to synallagmatic claims, i.e. claims that are mutually dependent on one another.