1. Scope and contractual partner
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").
2. Contractual components
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.
Where additional services for individual mobility (Sections 6-14) are concerned, these T&Cs and/or the Contract refer to separate insurance terms and/or terms of business from third-party providers. 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. It constitutes 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.
3. Conclusion of contract
In order to enter into a contract, the Customer must be deemed by Carvolution to have an adequate credit rating and a residence or domicile in Switzerland. Furthermore, 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 license 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.
4. Overview of services
Carvolution provides the Customer with a vehicle (Section 5) for commercial use as part of an overall package with additional services for individual mobility (Section 6-14) for the service period agreed upon in the Contract (Section 18).For this overall package, the Customer pays Carvolution the fee agreed upon (Section 17) in the Contract.
5.1. Handover of vehicle
Carvolution will hand over the vehicle to the Customer at the point in time agreed upon in the Contract, provided that the Customer fulfils his obligations according to Section 17.2 (payment of first two instalments) and where applicable has fulfilled the requirements in Section 16 (Deposit) within the deadlines. Upon handover of the vehicle, the service period begins to elapse (Section 18).
Carvolution hands over the vehicle to the Customer in an operationally reliable state. At the handover, the Customer is to verify the accuracy of the mileage, fuel level, and vehicle condition as indicated by Carvolution – this information is 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 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 agreed upon in the Contract, but no less than an amount of CHF 1,500.00 (right to further damages is reserved).
5.2. Ownership and right of disposal
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.
5.3. Commercial use
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 private use within the framework of a corresponding transfer agreement. Compliance with tax and customs regulations for private use is the responsibility of the Customer. The Customer is not permitted to use the vehicle in competitions of speed, endurance, skill or other races, for transporting hazardous goods, or to participate in road safety training, or to make use of it for similar purposes. Moreover, transporting individuals with the vehicle in return for a fee (e.g. taxi trips, Uber trips or similar), towing or moving other vehicles, or using the vehicle as an advertising medium are also prohibited.
After prior written confirmation from Carvolution, the vehicle can be used for training trips as part of the Zweiphasenausbildung (WAB) [Course for new drivers].
5.4. Included and Additional Kilometres
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.
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/mileage reading. 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. 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.
5.5. Duty of care
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 prevailing traffic rules and statutory regulations with regard to the driving of a vehicle at all times.
- To not 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 total ban on smoking in the vehicle - smoking in the vehicle causes damage and avoidable costs for the Customer when returning the vehicle.
- 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).
- To not make any technical changes to the vehicle or carry out repairs, maintenance, tire changes or service work on his own.
- To not dismantle or decommission the tracker in the car.
- To not commit any crimes with the car.
- To ensure that the vehicle is in a roadworthy condition before each trip.
5.6. Other Authorized Users
The Customer is permitted to hand over the vehicle to the main user specified in the Contract and third parties (hereinafter "Authorized 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 Authorized 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 Authorized Parties. The Customer shall provide Carvolution with the personal details of the main user and Authorized Parties upon request, whereby he is to ensure in advance that the main user and Authorized User are informed about this as well as the associated data processing.
5.7. Area of use
The vehicle is to be used primarily in Switzerland. The vehicle is also permitted to be
driven abroad (e.g. for holiday purposes). Overseas use is limited to the following
countries: Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City.
When travelling abroad, the Customer shall undertake to carry in the vehicle any additional documents and safety accessories required for this purpose, such as high visibility vests.
6. Vehicle license
Carvolution shall obtain the vehicle license (registration, obtaining license plates and vehicle registration document) from the relevant road traffic licensing department in the canton of residence of the Customer, before the vehicle is handed over to the Customer.
The associated costs are included in the monthly fee.
7. Expressway vignettes
Carvolution will outfit the vehicle with the expressway vignette (expressway fee for Switzerland) for the current year before the vehicle is handed over to the Customer.
The Customer shall undertake to comply with statutory regulations regarding the tires on the vehicle. The required tire changes are only to be performed after prior consultation with Carvolution and 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 will decide on the size, the make, the brand, as well as the material of the respective tires.
The costs for the tire purchase, the mounting of the tires, as well as their storage are included in the monthly fee.
9. 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), whereby Carvolution – at the Customer's request – will coordinate the appointments with the relevant service partner.
The costs for the necessary maintenance and servicing tasks are included in the monthly fee.
10. Car Assistance Top: 24h breakdown service and replacement vehicle
Should maintenance or repair work become necessary or in the event of an accident, Carvolution shall provide the Customer with a replacement vehicle and a 24h breakdown service.
The costs for the replacement vehicle and the breakdown service are included in the monthly fee.
11. Motor vehicle tax
Carvolution pays the annual motor vehicle tax for the vehicle directly to the relevant tax authorities.
The associated costs are included in the monthly fee.
12. Motor vehicle liability insurance
The Customer and any other Authorized Users are covered by a motor liability insurance policy taken out by Carvolution. This insurance covers personal injury and material damage by third parties up to a maximum of CHF 100 million. The corresponding separate insurance terms apply, in which the insurance benefits, terms and exclusions for the motor vehicle liability insurance are stipulated in detail.
The associated costs are included in the monthly fee.
The Customer may - via payment of an additional fee which is agreed upon in the Contract as part of the monthly fee (Section 17.1) - include gross negligence. This means that the insurance 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, terms and exclusions for the inclusion of gross negligence are stipulated in detail.
13. Comprehensive insurance
Carvolution has taken out comprehensive insurance for the vehicle. This insurance covers the repair costs for the repair of the vehicle, including headlights (additional glass insurance). In the event of a total write-off, the insurance pays a lump sum compensation. The corresponding separate insurance terms apply, in which the insurance benefits, terms and exclusions for the comprehensive insurance are stipulated in detail. The associated costs are included in the monthly fee.
The Customer may – via payment of an additional fee which is agreed upon in the Contract as part of the monthly fee (Section 17.1) – include parking damage (maximum of two cases of damage per year) with no deductible.
14. Passenger insurance
Carvolution has taken out passenger insurance for the vehicle. This insurance covers the driver and passengers in the event of accidents related to the use of the vehicle. Coverage includes recovery costs, a lump sum for disability up to CHF 80,000.00 and a lump sum for death up to CHF 30,000.00. The corresponding separate insurance terms apply, in which the insurance benefits, terms and exclusions for the passenger insurance are stipulated in detail.
The associated costs are included in the monthly fee.
15. Deductible and liability of the Customer
If insurance benefits are excluded or reduced according to Sections 12-14 due to culpable behaviour on the part of the Customer, Carvolution shall be entitled to bill the Customer for damage not covered by the insurance.
The Customer bears the deductible agreed upon in the contract in the case of damages within the scope of the comprehensive insurance according to Section 13.
The Customer may be required to pay a deposit before the vehicle is handed over to secure all claims from Carvolution from or in connection with the contractual relationship. The amount of the deposit shall be defined in the Contract.
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.
17. Monthly fee and payment methods
17.1. Monthly fee
The Customer owes Carvolution a fixed monthly fee (in CHF incl. VAT/sales tax) for the services provided under this Contract, which is agreed upon in the Contract. If the Customer is a person under 23 years of age, Carvolution may charge a surcharge for young drivers ("Young Driver Surcharge"), which will be agreed upon in the Contract as part of the monthly fee. Starting from the year in which the owner turns 23 years of age, this Young Driver Surcharge is no longer applicable.
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, see Section 10).
17.2. Terms of payment
The monthly fee must always be paid two months in advance - 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 is to pay the invoice within 14 days from the invoice date.
Before the vehicle is handed over, the Customer is to pay the monthly fees for the two months following the month in which the vehicle was handed over. The fee for the service period in the month in which the vehicle is handed over will be billed to the Customer together with the fee for the service period in the month in which the vehicle is returned with the final invoice (see Section 19.3).
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 a reminder fee of CHF 25.00 for the 2nd reminder and CHF 40.00 for the 3rd reminder in addition to the invoice amount.
Furthermore, Carvolution reserves the right to demand an additional monthly fee as advance payment from Customers for whom a 3rd reminder is necessary.
If the Customer does not pay the outstanding invoice in full even after the 3rd reminder, Carvolution is entitled to terminate the Contract without notice according to Section 20.1., to collect the vehicle immediately and to bill the expenses associated with this measure as follows:
- A lump sum of CHF 250.00 for expenses incurred by termination without notice
- Expenses (costs) in connection with the collection or securing of the vehicle - including the use of specialized external service providers
- Monthly fees until the end of the minimum contractual term or until the point in time at which vehicle is back at Carvolution
- Compensation lump sum in the amount of an agreed-upon monthly fee for the costs incurred in connection with the re-leasing
Furthermore, the outstanding invoice amount (including the reminder fees) can be handed over to a collection agency for the purpose of 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.
17.4. Additional fees
The additional fees for services or expenses which the Customer desires or which are incurred by his behaviour are included in the tariff provisions. These relate, for example, to the costs of re-issuing the vehicle registration document and, if applicable, the license plates if the Customer moves his residence or domicile to another canton.
18. Contractual term and service period
18.1. Conclusion and term of the Contract
The Contract enters into force upon being signed by the Customer and terminates upon expiry of the (extended) service period agreed upon in the Contract.
18.2. Commencement, extension and end of the service period.
Carvolution and the Customer agree upon a fixed service period which begins to elapse at the point in time the vehicle is handed over to the Customer. This service period has a minimum duration; i.e. the parties are generally not permitted to terminate the Contract before this period has elapsed (Carvolution reserves the right to prematurely terminate it pursuant to Section 19).
The Contract and hence the service period are automatically extended indefinitely and according to the terms agreed upon if neither Carvolution nor the Customer terminates the Contract in writing by giving a minimum of 30 days' notice in advance of the end of the contractually agreed minimum service period. During the extended service period, either party may terminate the Contract at the end of any month by giving 30 days' notice.
18.3. Reduction of the service period, fee adjustment and compensation for expenses
The Customer may at any time request a reduction in the minimum service period, thereby switching to a shorter subscription period (which has not yet elapsed at the point in time the request is received) as per the applicable tariff provisions. Carvolution may choose to approve this application. If Carvolution approves the application, the monthly fee for the reduced minimum service period shall be recalculated retroactively based on the corresponding tariff and billed to the Customer in the next invoice minus the monthly fees which have already been paid. Furthermore, the Customer shall owe Carvolution a flat fee in the amount of one monthly fee as per the shorter subscription tariff in order to cover the expenses associated with switching to a shorter contract.
19. Obligations at the end of the Contract
19.1. Returning the vehicle
At the end of the service period or contractual term or in the event of premature termination of the Contract, the Customer shall undertake to return the vehicle in a proper condition that corresponds to the mileage agreed upon 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 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 shall owe Carvolution for the period between the timely and the effective return of the vehicle a compensation in the amount of the monthly fee pro rata temporis. The Customer must also continue to fulfil his contractual obligations.
19.2. Inspection of the vehicle
When the vehicle is returned, Carvolution and the Customer are to 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.
19.3. Final invoice
After the vehicle is returned, Carvolution issues a final invoice with the following elements:
- Fee for the effective service period in the month in which the vehicle was handed over and in the month the vehicle was returned (cf. Section 17.2);
- 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.
The final invoice is to be paid within 14 days from the invoice date.
20. Premature termination of contract
20.1. By Carvolution
Carvolution is entitled to prematurely terminate the contract without notice for cause in the following cases:
- The Customer is in default with the payment of the monthly fee and does not make full payment of the outstanding invoice even after the 3rd reminder (see Section 17.3);
- The vehicle loses its vehicle license, is seized or confiscated by the authorities for reasons for which the Customer or an Authorized 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 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 their discretion);
- The Customer uses the vehicle in violation of the contract, allows such use or obtains services in violation of the contract;
- The Customer provides incorrect 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 should it have had knowledge of them;
- The customer relocates his residence abroad or relinquishes or is forced to relinquish his driver's license (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 at home or abroad.
At the point in time the Contract is terminated, the right to receive all related services agreed upon shall cease.
20.2. Consequences of premature termination
The obligations at the end of the Contract apply (Section 19). In particular, the Customer shall owe Carvolution the contractually agreed upon monthly fee only up to the point in time of contract termination.
21. Information and cooperation obligations of the Customer
The Customer is to notify Carvolution of the following without delay in writing via email (firstname.lastname@example.org):
- Changes in the information provided by the Customer upon conclusion of the contract (e.g. name, address, town etc.)
- Loss of a valid driver's license (e.g. confiscation);
- If repair, maintenance, or a tire change become 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 bear the costs incurred by Carvolution in asserting its ownership of the vehicle.
If the customer fails to perform this notification and as a result incurs additional costs and expenses for Carvolution, Carvolution is entitled to bill the Customer for these costs. Furthermore, the insurance coverage may be voided.
22. Fines and monetary penalties
The Customer is to 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 Authorized 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 Authorized Users, and owes Carvolution a fee of CHF 25 for its time and effort.
23. Data protection
Carvolution processes the personal data of the Customer or Authorized Users in compliance with the Swiss Federal Act on Data Protection (DSG).
24. Liability of Carvolution
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.
25. Settlement and assignment
Carvolution may offset its claims against any counterclaims by the Customer. The Customer may offset counterclaims from the Contract which have been recognized by Carvolution or legally established in a court of law, against the monthly fee of the Contract. In all other cases, offsetting is not permitted for the Customer.
Carvolution is expressly authorized to assign, in whole or in part, this Contract or the rights from it to third parties or to provide it as security. It is agreed that this assignment or provision as security does not change the content of the Contract nor the obligations towards the Customer in any fashion. This assignment may be performed without any additional consent from the Customer. The Customer shall undertake to sign all documents where necessary and to 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 from it to a third party with prior written consent from Carvolution.
26. Final provisions
Carvolution reserves the right to amend these T&Cs, the tariff provisions, the return standards and the data protection provisions 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 has having been accepted if the Customer does not object to them in writing within 14 days of being announced.
26.2. Electronic communication
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 unauthorized 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.
26.3. Severability clause
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 a contractual provision becomes invalid or void, it is to be replaced by Carvolution by such a provision which most closely approximates the economic purpose of the invalid provision. The same procedure applies if a gap becomes apparent.
26.4. Applicable law and place of jurisdiction
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, June 2020