Last update: December 2021
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.
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) 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, but compensation of 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, 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].
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. 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:
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 is to 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 check the vehicle licence (registration, obtaining licence 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), whereby Carvolution – at the Customer's request – will coordinate the appointments with the relevant service partner.
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 (cf. 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 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 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 the 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. Coverage includes medical treatment costs, a lump sum for disability of up to CHF 80,000.00 and a lump sum for death of up to CHF 30,000.00. 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 which is 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 coverage 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.
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. 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 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 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:
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.
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 contained in the tariff provisions. These relate, for example, to the costs of re-issuing the vehicle registration document and, if applicable, the licence 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 terminates 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 should fall on the 9th day of the month.
If neither of the Parties exercises their right to terminate the Contract, the Contract shall automatically terminate 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 possession of the vehicle, the following claims for compensation arise for Carvolution:
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 must 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 issues a final invoice with the following elements:
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 obligations upon the ending of the Contract apply (Section 20). In particular, the Customer shall owe Carvolution the contractually agreed-upon monthly flat rate only up to the point in time of contract termination (the commenced month is payable in full).
The Customer must notify Carvolution of the following without delay in writing via email (firstname.lastname@example.org) or, if possible, via the Carvolution app:
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 is entitled to bill the Customer for these costs. Furthermore, the insurance coverage 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 25 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 may offset counterclaims from the Contract which have been recognised by Carvolution or legally established in a court of law, against the monthly flat rate of the Contract. In all other cases, offsetting is not permitted for the Customer.
Carvolution is expressly authorised to assign, in whole or in part, this Contract or the rights arising from it to third parties or to provide these as security. It is agreed that this assignment or provision as security changes neither 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 undertakes 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 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 2021