Last update: December 2023
These General Terms and Conditions (hereinafter "T&Cs") govern the contractual relationship between Carvolution AG, Neufeldweg 2, 4913 Bannwil, (hereinafter "Carvolution") and commercial customers (hereinafter "Customer").
The specification of the contractual services takes place in a written contract (hereinafter "Contract") between Carvolution and the Customer. In the event of any contradictions between these T&Cs and the Contract, the latter shall prevail.
These T&Cs and/or the Contract refer to the separate General Insurance Conditions of third-party providers for the various aspects of the overall individual mobility service (vehicle subscription; Sections 6-14) as well as for additional, separately charged insurance services (Sections 12, 13 and 15). These constitute an integral component of the Contract between Carvolution and the Customer. In the event of any contradictions between such insurance terms and/or terms of business of third parties and the T&Cs and/or the Contract, the former shall prevail.
Where individual, usually one-off expenses incurred by the Customer (e.g. flat cleaning fees) are concerned, these T&Cs and/or the Contract refer to the tariff provisions. These constitute an integral component of the Contract between Carvolution and the Customer. In the event of any contradictions between the tariff provisions and the T&Cs and/or the Contract, the latter shall prevail.
For the obligations at the end of the Contract, these T&Cs and/or the Contract refer to the Return Standards. These constitute an integral component of the Contract between Carvolution and the Customer. In the event of any contradictions between the Return Standards and the T&Cs and/or the Contract, the latter shall prevail.
The conclusion of a contract for commercial customers which is subject to these T&Cs requires that the Customer is a legal entity or, as a partnership or sole trader, has a company identification number and has its registered office, branch or place of residence in Switzerland. Furthermore, the Customer must be deemed by Carvolution to have an adequate credit rating, and the main user specified by the Customer in the Contract must have a residence in Switzerland and be in possession of a valid driver's licence for the corresponding vehicle category.
The fulfilment of the prerequisites for the conclusion of a contract will be reviewed by Carvolution. To this end, the Customer is asked to provide a variety of information about his financial circumstances and the main user, and to present supporting documents.
With signing of the contract the contracting party confirms that the company with which the contract is entered, is not operating in one of the following industries or business Sectors: adult entertainment; animal testing; weapons manufacture, distribution; non-medical drug related; mining or extraction of precious metals or stones, coal, crude petroleum, natural gas; timber; palm oil or soy; gambling or charities.
Carvolution provides the Customer – within the framework of an overall service – with a vehicle (Section 5) to use for individual mobility for the service period agreed upon in the Contract (Section 19). The overall service comprises various aspects, which are described exhaustively below (Sections 5-14).
For the vehicle subscription (overall service), the Customer pays Carvolution the fee agreed upon (hereinafter “fee”, Section 18.1) in the Contract.
Carvolution will hand over the vehicle to the Customer or a person designated by the Customer at the point in time agreed upon in the Contract, provided that the Customer fulfils his obligations according to Section 18.2 (payment of first two instalments as well as – if agreed – a down payment) and where applicable has fulfilled the requirements in Section 17 (Deposit) within the deadlines. Upon handover of the vehicle, the service period begins to elapse (Section 19).
Carvolution hands over the vehicle to the Customer in an operationally reliable state. At the handover, the Customer must verify the accuracy of the kilometre reading, fuel level, and vehicle condition as indicated by Carvolution, with such information then being recorded in a handover log, and immediately provide notification in writing of any defects which have not already been recorded. If such notification is not made, the vehicle is considered to have been properly handed over.
If the vehicle cannot be handed over to the Customer, or if the handover cannot be conducted punctually, the Customer is not entitled to any claims for compensation or replacement against Carvolution to the extent that Carvolution is not responsible for this delay in delivery.
If the Customer does not accept the vehicle at the point in time agreed upon, Carvolution is entitled to withdraw from the Contract. In this case, the Customer shall owe Carvolution a flat-rate compensation equal to two monthly fees as they were defined in the Contract. Such compensation shall amount to at least CHF 1,500.00 (right to further damages is reserved).
Carvolution shall remain the owner of the vehicle during the entire contractual and service period and shall have sole right of disposal over it. In particular, Carvolution shall be within its rights to reclaim the vehicle from the Customer at any time and to replace it with an equivalent vehicle (same vehicle category).
Furthermore, as the owner of the vehicle, Carvolution is entitled at any time to conduct an inspection on the vehicle, or to have one conducted. The Customer shall undertake to cooperate with this and hereby irrevocably grants Carvolution access to the location at which the vehicle is located. If the inspection reveals conduct on the part of the Customer which is in violation of the Contract, the Customer shall bear the associated expenses.
The Customer is permitted to use the vehicle for commercial purposes subject to the following conditions. Commercial use includes the allocation of the vehicle by the Customer to an employee for use to get to work and back and for private use within the framework of a corresponding transfer agreement (business vehicle). Compliance with tax and customs regulations for the use of the vehicle is the responsibility of the Customer. The Customer and/or the persons driving the vehicle (e.g. the owner, partner or employee) may not use the vehicle in competitions of speed, endurance, skill or other races, for transporting hazardous goods, for participation in road safety training, or for similar purposes. Moreover, it is prohibited to transport individuals with the vehicle in return for a fee (e.g. taxi trips, Uber trips or similar), tow or move other vehicles, or use the vehicle as an advertising medium.
After prior written confirmation from Carvolution, the vehicle can be used for training trips as part of the Zweiphasenausbildung (WAB) [Course for new drivers].
The number of kilometres per month which are included in the monthly fee ("Included Kilometres") as well as the costs ("Rate") for each additional kilometre travelled ("Additional Kilometres") are defined in the Contract. Changes in the contractually agreed number of kilometres per month can also be agreed upon during the subscription period at the Customer's request – against a corresponding adjustment of the fees – if Carvolution so agrees. The billing of costs for any Additional Kilometres generally takes place in the final invoice after the return of the vehicle based on the data of the vehicle’s odometer/kilometre reading. In the process, any unused kilometres, i.e. Included Kilometres that were not used up, will not be credited to the Customer.
In the event that the number of Included Kilometres contractually agreed upon is exceeded by a significant amount, Carvolution reserves the right to bill the Customer for the corresponding Additional Kilometres in derogation to the above – i.e. as part of the monthly invoicing, in addition to the monthly fee agreed upon, and to adjust the kilometre package with effect for the next invoice. Alternatively, Carvolution may offer the Customer the option of modifying the contractual terms retroactively with effect from the beginning of the service period (i.e. increasing the Included Kilometres and the corresponding adjustment of the monthly fee). The difference between the monthly fee paid up to the point in time of the contractual modification and the retroactively adapted (i.e. increased) fee is to be paid by the Customer along with the next monthly invoice.
The Customer shall undertake to use the vehicle or have the vehicle used with care at all times. In particular, he has the following obligations:
To comply with applicable traffic rules and statutory regulations with regard to the driving of a vehicle at all times.
Not to drive in a condition affected by alcohol, medicines, or drugs, or in other states which influence the driver's ability to react (e.g. when fatigued or ill).
To comply with the corresponding technical regulations and operational instructions when using the vehicles and to keep the vehicle clean during the entire period of use. Dirtying/contamination includes, among other things, the transportation of animals without a carrier box installed in the vehicle. The costs for cleaning will be billed additionally according to the tariff provisions.
To observe the absolute no-smoking rule in the vehicle – smoking in the vehicle causes damage and avoidable costs for the Customer when returning the vehicle (cf. the agreed tariff provisions).
To use the vehicle in a careful, considerate, and environmentally friendly manner and to adopt a defensive and anticipatory driving style.
To ensure proper and responsible protection against theft (closing and locking windows and doors).
Not to perform any commercial work with the vehicle or to make trips for a fee (e.g. taxi trips, Uber trips or similar), to tow or move other vehicles, or to use the vehicle as an advertising medium.
Not to make any visual or technical changes to the vehicle or to carry out repairs, maintenance, tyre changes or service work on his own.
Not to dismantle or decommission the tracker in the car.
Not to commit any crimes with the car.
To ensure that the vehicle is in a roadworthy condition before each trip.
The Customer is solely responsible for ensuring that the persons to whom he entrusts the vehicle for use (in particular the main user) fulfil all the aforementioned obligations
The Customer is permitted to hand over the vehicle to the main user specified in the Contract and third parties (hereinafter "Authorised Users") for use provided that the latter fulfil the prerequisites that apply for the main user (cf. Section 3) and are willing to fulfil the obligations listed in these T&Cs.
The Customer shall ensure that the main user and the other Authorised Users fulfil these prerequisites at all times and, as the contractual partner of Carvolution, is responsible for compliance with the contractual obligations by the main user and the other Authorised Users. The Customer shall provide Carvolution with the personal details of the other Authorised Users upon request, whereby he must ensure in advance that both the main user and the other Authorised Users are informed of this as well as the associated data processing.
The vehicle is to be used primarily in Switzerland. The vehicle may also be driven abroad, but only by the Customer or the main user or by other Authorised Users resident in Switzerland or the Principality of Liechtenstein. The insurance cover is valid in Europe and the countries bordering the Mediterranean Sea, excluding Georgia, Armenia, Azerbaijan and Kazakhstan.
When travelling abroad, the Customer is obliged to carry in the vehicle any additional documents and safety accessories required for this purpose, such as high visibility vests, and to observe certain special regulations, e.g. concerning seasonal tyres (winter tyre obligation as from a particular date).
Before the vehicle is handed over to the Customer, Carvolution shall obtain the vehicle licence (registration, obtaining number plates and vehicle registration document) with the relevant road traffic licensing department in the canton of residence of the main user or where the vehicle is deemed to be stationed according to the road traffic regulations.
Carvolution will equip the vehicle with the expressway vignette (expressway fee for Switzerland) for the current year before the vehicle is handed over to the Customer.
Carvolution shall take care of equipping the vehicle with tyres. The Customer shall undertake to comply with statutory regulations regarding the tyres on the vehicle. The required tyre changes must be performed after prior consultation with Carvolution at one of the service partners it specifies (partner workshop), whereby Carvolution – at the Customer's request – will coordinate the appointments with the relevant service partner.
Carvolution alone will decide on the size, the make, the brand, as well as the material of the respective tyres.
Carvolution shall take care of maintenance and servicing. The Customer shall undertake to comply with the manufacturer's instructions for use, maintenance and servicing as well as any official directives (e.g. technical inspections). The required maintenance and servicing tasks are only to be performed after prior consultation with Carvolution and at one of the service partners it specifies (partner workshop).
Carvolution reserves the right to charge the Customer for services which have not been agreed with Carvolution or which are not part of mandatory maintenance and servicing work (e.g. spring check, interior cleaning, use of a replacement vehicle for longer than the maintenance period, fuel bills for replacement vehicles, etc.).
Carvolution explicitly points out that so-called "wrong refuelling" (for example petrol instead of diesel) can result in considerable vehicle damage and incur costs which the Customer shall be obliged to refund to Carvolution.
The refilling of expendable fluids during operation (Adblue, engine oil, windscreen cleaner, etc.) shall be carried out by the Customer at his own expense – as well as engine oil refilled outside regular servicing.
In the event of any necessary maintenance or repair work or an accident, Carvolution shall, within the scope of the vehicle subscription, provide the Customer with a replacement vehicle and a 24h breakdown service for the duration of the repair work (cf. also the General Terms and Conditions of Insurance).
The vehicle is registered with Carvolution, which is therefore responsible for the payment of the periodic motor vehicle taxes.
The Customer and the Authorised Users are, within the scope of the vehicle subscription, covered by a motor third-party liability insurance policy taken out by Carvolution. This insurance covers personal injuries and property damage of third parties up to a maximum of CHF 100 million. The corresponding separate insurance terms apply, in which the insurance benefits and exclusions for the motor third-party liability insurance are stipulated in detail.
The Customer can – against payment of an additional remuneration which is agreed upon in the Contract as a (separately shown) part of the monthly flat rate (Section 18.1) – include gross negligence in the insurance. This means that the insurance company waives its statutory right of recourse or reduction when an insured event is caused by gross negligence. The corresponding separate insurance terms apply, in which the insurance benefits and exclusions for the inclusion of gross negligence are stipulated in detail.
Carvolution has taken out comprehensive insurance for the vehicle. This insurance covers repair costs for the repair of the vehicle, including headlights (supplementary glass insurance). In the event of a total write-off, the insurance pays a lump-sum compensation to the owner of the vehicle, i.e. Carvolution. The corresponding separate insurance terms apply, in which the insurance benefits and exclusions for the comprehensive insurance are stipulated in detail.
The Customer can – against payment of an additional remuneration which is agreed upon in the Contract as a (separately shown) part of the monthly fee (Section 18.1) – have parking damage included in the cover without a deductible (up to two claims per year).
Carvolution has taken out passenger insurance for the vehicle. This passenger insurance covers the driver and passengers in the event of accidents related to the use of the vehicle. Cover includes medical treatment costs, a lump sum for disability of up to CHF 30,000.00 and a lump sum for death of up to CHF 80,000.00. The corresponding separate insurance terms apply, in which the insurance benefits and exclusions for the passenger insurance are stipulated in detail.
Furthermore, the Customer can – against payment of an additional remuneration agreed upon in the Contract as a (separately shown) part of the monthly flat rate (Section 18.1) – have traffic legal protection included in the insurance. The corresponding separate insurance terms apply, in which the insurance benefits and exclusions for the inclusion of this cover are stipulated in detail.
If insurance benefits as per Sections 12-15 are excluded from the insurance cover or reduced due to culpable behaviour on the part of the Customer, Carvolution shall be entitled to bill the Customer for the claim which is not covered by the insurance.
For each claim, the Customer bears the contractually agreed deductible within the scope of the comprehensive insurance according to Section 13.
Furthermore, the Customer is liable, to the extent permitted by law and regardless of
his fault, for any loss suffered by Carvolution, in particular due to damage to the vehicle, its destruction and its loss (e.g. due to theft), insofar as the loss is not covered by an aforementioned insurance. Furthermore, the Customer shall be liable for losses arising from the misappropriation or embezzlement or any other unlawful appropriation of the vehicle.
The Customer may be required to pay a deposit before the vehicle is handed over to secure all claims from Carvolution arising from or in connection with the contractual relationship. The amount of the deposit shall be defined in the Contract.
Furthermore, Carvolution may demand a deposit from the Customer during the term of the Contract if the latter fails to fulfil his payment obligations (cf. Section 18.3).
Carvolution is entitled to offset all claims from or in connection with the Contract against the Customer against the deposit. If no offsetting is performed, the deposit will be refunded or credited to the Customer after the vehicle is returned.
No interest shall be paid on the deposit.
For the services provided under this Contract (i.e. the vehicle subscription and the additional benefits), the Customer owes Carvolution a fixed monthly flat rate (in CHF incl. VAT/sales tax), which is agreed upon in the Contract.
If the main user is a person under 23 years of age, Carvolution may – depending on the terms of the insurance – charge a surcharge for a supplementary insurance cover for young drivers ("Young Driver Surcharge"), which will be agreed upon in the Contract as part of the monthly flat rate. As from the year in which the main user turns 23 years of age, there will be no more need for such supplementary insurance cover or, consequently, the Young Driver Surcharge.
The Customer remains obliged to make payment on time even if he is unable to use the vehicle for any reason (e.g. due to maintenance or repairs) (for the right to a replacement vehicle, cf. Section 10).
The monthly flat rate must always be paid in advance for the month after next – for example, the monthly fee for the month of May is billed in March. Carvolution sends the invoices to the Customer monthly via email. The Customer must pay the invoice within 14 days of the invoice date.
Before the vehicle is handed over, the Customer must pay the monthly flat rates for the two months following the month in which the vehicle is handed over and – if agreed upon – a down payment. The flat rate for the service period in the month in which the vehicle is handed over will be billed to the Customer together with the flat rate for the service period in the month in which the vehicle is returned with the final invoice (cf. Section 20.3).
If an invoice is not paid by the deadline, the Customer shall be in default. In this case, Carvolution reserves the right to charge the Customer, apart from the invoice amount, a reminder fee of CHF 30.00 for the 2nd reminder and CHF 50.00 for the 3rd reminder.
Furthermore, Carvolution reserves the right to demand an additional monthly flat rate as security from Customers for whom a 3rd reminder is necessary (cf. Section 17).
If, even after the 3rd reminder, the Customer does not pay the outstanding invoice in full, Carvolution is entitled to terminate the Contract without notice according to Section 21.1., to collect the vehicle immediately and to bill the expenses associated with this measure as follows:
A lump sum of CHF 1’500.00 for expenses incurred by termination without notice;
Expenses (costs) in connection with the collection or securing of the vehicle – including the use of specialised external service providers;
Monthly flat rates until the end of the minimum contractual term or until the point in time when the vehicle is returned to Carvolution.
Furthermore, the outstanding invoice amount (including the reminder fees) can be transferred to a collection agency for collection. In addition to the payment of the invoice amount, the Customer shall also be obliged to reimburse all costs (in particular collection costs) arising from default in payment.
The additional fees for services or expenses which the Customer desires (remuneration for extra insurance benefits) or which are incurred by his behaviour (e.g. lump sum for cleaning) are specified in the tariff provisions. These relate, for example, to the costs of re-issuing the vehicle registration document and, if applicable, the number plates if the place of registration is changed to another canton.
If the applicable rate of value-added tax changes during the term of the Contract, the prices affected by this (such as the subscription fee, other fees noted in these T&Cs as well as the rates according to the tariff provisions) will be adjusted accordingly (principle of pass-on). If other public-law levies are newly introduced or abolished or their amount is changed, the prices affected by this shall also be adjusted.
The Contract enters into force upon being countersigned by the Customer and ends at the latest upon expiry of the maximum service period agreed upon in the Contract. Carvolution and the Customer shall agree upon a service period in the Contract according to Section 19.2 or Section 19.3.
Carvolution and the Customer shall agree upon a fixed service period which shall commence at the point in time when the vehicle is handed over to the Customer. The right to prematurely terminate the Contract according to Section 21 is reserved.
Carvolution and the Customer shall agree upon a minimum and a maximum service period in the Contract, which shall both commence at the point in time when the vehicle is handed over to the Customer.
After expiry of the minimum service period, a monthly termination of the Contract by the Customer or Carvolution is possible with a notice period of 30 days to the corresponding due date – for example, if a vehicle subscription begins on the 10th day of a month, the subscription end date shall fall on the 9th day of the month.
If neither of the Parties exercises their right to terminate the Contract, the Contract shall automatically end upon expiry of the maximum service period. The right to prematurely terminate the Contract according to Section 21 is reserved.
If the Customer expresses the wish to withdraw from the Contract concluded with Carvolution before taking over the vehicle, the following claims for compensation shall arise for Carvolution:
After conclusion of the Contract: Expense allowance in the amount of CHF 390;
After conclusion of the Contract and payment of the initial invoice and at least 14 days before the agreed takeover of the vehicle by the Customer: Expense allowance in the amount of CHF 390 and one monthly flat rate as agreed in the Contract, but at least CHF 750;
If the Customer wishes to withdraw from the Contract less than 14 days before the agreed takeover of the vehicle, the compensation regulations pursuant to Section 5.1 (failure to take over the vehicle on the agreed handover date) shall apply.
The Customer must express his wish to withdraw from the Contract in writing to Carvolution.
At the end of the service period or contractual term or in the event of premature termination of the Contract, the Customer is obliged to return the vehicle in a proper condition commensurate with the agreed number of travelled kilometres and the age of the vehicle, with all accessories, documents (in particular vehicle registration document, operating instructions, etc.) and keys, and with a full tank of fuel or – in the case of E-vehicles – with sufficiently charged batteries at a time and place specified by Carvolution. The Customer can delegate these obligations to the main user or another person he appoints for this purpose. The Customer shall have no right of retention.
If the Customer does not return the vehicle on time at the location designated by Carvolution, Carvolution is summarily entitled to have the vehicle collected at the Customer's expense. Carvolution or the third party appointed by Carvolution are entitled to enter the property or premises where the vehicle is located. The Customer must inform the main user that Carvolution can also enforce this right directly vis-à-vis the main user. For the period between the on-time and the actual return of the vehicle, the Customer shall owe Carvolution compensation in the corresponding proportionate amount of the monthly flat rate. The Customer must also continue to fulfil his contractual obligations.
When the vehicle is returned, Carvolution and the Customer or a person designated by the latter shall fill out a report on the condition of the vehicle. If Carvolution and the Customer are unable to agree on the condition of the vehicle, Carvolution will engage an independent expert to evaluate the vehicle. The costs for this will be billed to the Customer according to the applicable tariff provisions and are payable within 14 days from the date of invoice. Further details on the inspection of the vehicle and the costs involved are set out in the Return Standards and in the tariff provisions.
After the vehicle is returned, Carvolution will issue a final invoice with the following elements:
Fee for the effective service period in the month in which the vehicle was handed over and the month in which the vehicle was returned (cf. Section 18.2);
Where applicable, costs for exceeding the contractually agreed-upon Included Kilometres according to the Rate agreed upon for Additional Kilometres;
Where applicable, costs for rectifying damage which is not due to normal wear and tear based on a repair invoice, expert assessment, or a cost estimate by a specialist;
Where applicable, costs for replacing and/or recovering documents, keys, and other accessories;
Where applicable, the costs of filling the tank (cost of the fuel and the time this takes), if the vehicle is not returned with a full tank as agreed.
The final invoice is to be paid within 14 days from the invoice date.
Carvolution is entitled to prematurely terminate the Contract without notice for good cause in the following cases:
The Customer is in default with the payment of the monthly flat rate and does not make full payment of the outstanding invoice even after the 3rd reminder (see Section 18.3);
The vehicle loses its vehicle licence, is seized or confiscated by the authorities for reasons for which the Customer or an Authorised User is responsible;
The vehicle has been used by any party for a criminal offence or there is a corresponding urgent suspicion of a criminal offence;
The Customer becomes subject to circumstances which could endanger or hinder the enforcement of Carvolution's rights;
A substantial deterioration of the economic situation of the Customer is imminent or has already occurred;
The Customer loses or is restricted in his legal capacity, or dies;
The insurance for the vehicle can no longer be taken out at terms acceptable to Carvolution for reasons for which the Customer or an Authorised User appointed by him is at fault, or if the insurance cover for the vehicle ceases to apply;
The vehicle is a total write-off for any reason, or the cost of repair, maintenance or other work on the vehicle is excessive for Carvolution (decided at its discretion);
The Customer or an Authorised User uses the vehicle in violation of the Contract, allows such use or obtains services in violation of the Contract;
The Customer provides false information about his personal or financial circumstances at the time the Contract is entered into, or has concealed facts which would have led to Carvolution declining to enter into the Contract if it had known of them;
The Customer relocates his residence or head office abroad or the main user relinquishes or is forced to relinquish his driver's licence (cf. Section 3);
The Customer refuses to provide the necessary information to fulfil statutory and regulatory obligations on Carvolution's part;
A criminal investigation is initiated against the Customer or the main user at home or abroad.
The obligations upon the ending of the Contract apply (Section 20). In particular, the Customer shall only owe Carvolution the contractually agreed monthly flat rate up to the time of termination of the Contract (the commenced month is payable in full).
If the Customer made a down payment (Section 18.2), this shall be taken into account proportionally when the rest of the claim for payment from the Customer is calculated.
The Customer must notify Carvolution of the following without delay in writing via email (email@example.com) or, if possible, via the Carvolution app:
Changes in the information provided by the Customer upon conclusion of the Contract (e.g. name, address, town, head office, main user, location of vehicle etc.);
Loss of the Customer’s or the main user’s valid driver's licence (e.g. confiscation);
If repair, maintenance, or a tyre change becomes necessary;
Indications of a vehicle defect (e.g. when warning lights come on or there are unusual noises, smells, or other circumstances);
Accidents, breakdowns or damage of any kind;
Imminent or completed seizure, retention, requisition, levy of execution, or confiscation of the vehicle or the initiation of any bankruptcy proceedings;
(Attempted or committed) offence in connection with the vehicle;
Loss of the vehicle.
In the event of accidents, offences or other damage to the vehicle caused by third parties, the Customer shall also undertake to notify the police without delay.
In the case of imminent or completed seizure, retention, requisition, levy of execution or confiscation of the vehicle or bankruptcy proceedings, the Customer is obliged to inform the responsible debt enforcement or bankruptcy office or the criminal investigation authority as well as other competent authorities in Switzerland or abroad of Carvolution's ownership of the vehicle without delay. The Customer shall ensure that all Authorised Users also comply with these obligations. The Customer shall bear the costs incurred by Carvolution in asserting its ownership of the vehicle.
If the Customer fails to give this information and as a result incurs additional costs and expenses for Carvolution, Carvolution shall be entitled to bill the Customer for these costs. Furthermore, the insurance cover may be voided.
The Customer shall pay fines, monetary penalties and all other costs (in particular legal fees, court costs or costs of proceedings, as well as third-party claims) in connection with violations of the law, misdemeanours or crimes as well as the corresponding proceedings, and shall indemnify Carvolution entirely against them.
Carvolution is obliged to disclose the name and address of the Customer or Authorised User to the authorities, courts and if necessary other third parties. The Customer shall therefore undertake to provide Carvolution with all necessary information, in particular the first and last name and address of the Authorised Users, and owes Carvolution a fee of CHF 40.00 in each case for its time and effort.
Carvolution processes the personal data of the Customer or Authorised Users in compliance with the Swiss Federal Act on Data Protection (DSG).
The liability of Carvolution and its auxiliary persons towards the Customer for contractual as well as non-contractual damages is limited to cases of intent and gross negligence within the legal limits. Carvolution shall not be liable for indirect or consequential damages.
Carvolution may offset its claims against any counterclaims by the Customer. The Customer is not entitled to offset any claims he may have against Carvolution against his obligations towards Carvolution. The Customer hereby waives his right of offsetting. This waiver of offsetting shall also apply in the event of bankruptcy, composition and insolvency of Carvolution.
Carvolution is expressly authorised to unilaterally assign this Contract, in particular for the purpose of outsourcing obligations that exist under the Contract or within the scope of refinancing and/or securitisation transactions at any time, together with all securities as well as ancillary and formative rights (including the ownership rights to the vehicle, the right to terminate the Contract, any assigned claims and rights and the Customer's information and personal data associated with the Contract) or to or to assign the rights and claims arising from it in whole or in part to third parties in Switzerland and abroad or to provide them as security, or to transfer the Contract as a whole in the sense of a contract transfer, whereby it is agreed that such assignment, provision as security or contract transfer shall not change the content of the Contract and the obligations towards the Customer in any way and that, without notice to the Customer to the contrary, the Customer may continue to communicate with Carvolution for all purposes of the Contract and fulfil his obligations with discharging effect in accordance with Carvolution's instructions. Such assignment, provision as security or transfer of the Contract may be performed without any additional consent from the Customer. The Customer undertakes, if required at first request, to sign all documents where necessary at first request, submit declarations, perform acts and execute all formalities and changes to payment instructions which may be required of him in the event of such assignment or provision as security.
The Customer is only entitled to assign, whether in whole or in part, this Contract or the rights arising from it to a third party with prior written consent from Carvolution.
Carvolution reserves the right to modify the T&Cs, the tariff provisions, the Return Standards, and the data protection regulations at any time without specifying any reasons. Such modifications will be communicated to the Customer by email, as accompanying text on invoice documents or by post. The modifications shall be deemed as having been accepted if the Customer does not raise an objection to them in writing within 14 days of their announcement.
Carvolution may communicate via electronic channels (e.g. email, SMS etc.) using the addresses or telephone numbers provided by the Customer. Electronic communications channels are often not secured against access by unauthorised persons and are therefore subject to risks (e.g. lack of confidentiality, tampering, misdirection, delay, viruses, etc.). Carvolution is not liable for any damages in connection with electronic communications.
Should one of the provisions of these T&Cs be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event that a contractual provision is or becomes invalid or void, Carvolution shall replace it with a provision which approximates the economic purpose of the invalid provision as closely as possible. The same procedure applies if a loophole becomes apparent.
These T&Cs and the Contract as well as the entire legal relationship between the Parties are governed exclusively by material Swiss law to the exclusion of international private law.
The exclusive place of jurisdiction for disputes arising from this Contract is Zurich.
Bannwil, December 2023