Customer serviceGTCs

2. TERMS

a. “GTC”: The General Terms and Conditions of Mobility in their respective valid version.

b. “Booking” or “book” are synonyms of “Reservation” or “reserve”.

c. “Vehicle”: All vehicles made available by Mobility for use by its customers. They are split up into different categories.

d. “Vehicle pool”: Group of (only) natural persons who join together in a simple community with the purpose of taking over a Mobility placement-share (see the specific regulations in Section 28). Sections 28). 

e. “Business customers” These are customers that are organised as a legal entity, company, state-related entity (municipalities, universities, etc.) or similar, and that purchase Mobility’s products and services for their employees (regularly in fulfilment of their “business purpose” in the broadest sense). The provisions specifically applicable to business customers are set out in Sections 26 and 29 .

f. “Mobility”: Mobility Cooperative based in 6343 Rotkreuz.

g. “Organisation”: An “organisation” is defined as non-private customers who are organised as a legal entity, company, state entity (municipality, university, etc.) or similar and who contribute to the use and/or offer of car sharing and who purchase products and services from Mobility for their authorised users (who are not employees) or it makes them available to them. The rules that apply specifically to the organisations are set out in Sections 27 .

h. “Party(ies)”: Mobility and its respective customers (private and/or business and organisation or vehicle community).

i. “Partner vehicles”: Vehicles operated by Mobility partner companies (i.e. not by Mobility itself) (e.g. Car rental partner).

yr “Articles of Association”: Articles of Association of the Mobility Cooperative.

k. “before the start of the journey”: Before the vehicle is set in motion or drives off.

l. “Access medium” or “Access media”: All means of accessing the vehicles such as smartphone, Mobility Card or any cards of partner companies, e.g. SwissPass. SwissPass).

3. CONTRACTUAL COMPONENTS

a. a. Unless the parties explicitly agree otherwise, the following contractual components (in physical or electronic form) shall form part of every contract between Mobility and its customers:

1. GTCs;

2. Privacy policy;;

3. Product descriptions (can be found e.g. on the homepage, sometimes even in the Customer portal [e.g. as those that are no longer offered for sale]);

4. PRODUCTS AND PRICES or PRODUCTS AND PRICES FOR BUSINESS CUSTOMERS, ORGANISATIONS AND VEHICLE GROUPS

5. Fair Play and Charges;

6. How it works;

7. articles of Association (these apply only to cooperative members);

8. For the business customers and the organisations: The respective configuration forms and the other documents linked in them;

9. Any other provisions issued by Mobility.

a. b. If any contractual components are found to be contradictory, they shall apply in the following order: 1. GTCs, 2. Privacy policy, 3. Product descriptions, 4. Products and prices or Products and prices for business customers, organisations and vehicle pools, 5. Fair play and fees; 6. How it works , 7. any other provisions of Mobility.

b. If customers are also members of the Mobility cooperative, their membership rights and obligations are subject to the following articles of Association.

c. d. If the parties additionally conclude an individual contract or agree on individual provisions, these shall take precedence over the GTCs and other contractual components. With the business customers and the organisations, the respective configuration forms and the other documents linked in them apply as individual contracts and provisions. Provisions.

4. DRIVE MODES AND TRAVEL COSTS

a. a. Customers may use the vehicles stationed at Mobility locations following prior reservation in accordance with the provisions contained in the contractual components.

b. Mobility can Driving modes offerings. Mobility may modify the existing drive modes and introduce new ones at any time.

c. c. There is a charge for use of the vehicles: The details are contained in the integral parts of the contract according to Sections 3 regulated.

5. CONCLUDING THE CONTRACT

a. With the registration for a product or a service provided by Mobility, the customer submits a binding motion and acknowledges the contractual components of Mobility (cf. Sections 3).

b. b. The agreement between customers and Mobility enters into force when Mobility unconditionally accepts the registration. 

c. c. Both registration and acceptance are performed online.

d. d. Mobility always uses a two-level authentication. This requires a smartphone that can receive SMS.
If the customer does not have a corresponding device, Mobility can carry out one-level authentication as an exception and at its own discretion. Any problems resulting from this shall be borne by the customer. However, Mobility can also refuse to perform one-level authentication without further consequences.

e. e. Customers holding a driving licence but who are aged under 18 may conclude an agreement with Mobility only with the consent of their legal caregiver. The consenting legal representative or the consenting legal representative shall be jointly and severally liable with the minor.

f. f. Mobility reserves the right to obtain all and any information required for the processing of the contract and the use of the vehicles (credit check, driving licence check, reductions entitlement check, etc.) from public authorities, partner companies and private individuals, and to request a photo (including selfie) from the customers.

g. g. Mobility is entitled to reject applications without stating any reasons.

6. DRIVING LICENCE

a. a. During their application, customers confirm that they hold a driving licence valid in Switzerland that entitles them to drive vehicles in the corresponding category. Before concluding the contract, the customer must provide Mobility with a clearly legible copy in the form requested by Mobility (e.g. Scan) and type (e.g. as upload).

b. b. Mobility must immediately be notified of any withdrawal or expiry of the licence.

c. c. The use of vehicles without a valid driving licence is prohibited and will lead to administrative and/or criminal proceedings. 

d. d. Customers themselves are responsible and liable for complying with all requirements and restrictions indicated in the driving licence. Failure to comply with this may result in customers being held liable for damages and laying themselves open to administrative and/or criminal proceedings.

e. Customers authorise Mobility to enquire with the relevant authorities at any time during the term of the legal relationship whether they hold a valid driving licence at the time of the enquiry and whether they do not have a driving licence revoked or no revocation has been made.

7. RIGHT OF USE AND WHEN IT STARTS

a. a. The customer’s right of use starts upon receipt of the confirmation of acceptance from Mobility, subject to successful verification of the driving licence.

b. Mobility reserves the right to withdraw the right of use at any time and without stating reasons (cf. Section 8 lit. m, Section 25 lit. h) or Reject usage requests.

c. Mobility reserves the right at any time to impose usage limits per customer or per product. Mobility can modify these at any time.

d. Third parties are not entitled to use them. Under no circumstances may you drive a vehicle (cf. Section 12 lit. c).

8. LOGIN AND ACCESS MEDIA

a. Mobility provides customers with personal, non-transferable login details (e.g. Mobility number and Mobility PIN code/password).

b. b. Customers can use their own smartphone and Mobility app as access medium.

c. c. Customers can be issued with an access medium if required. Mobility may charge a fee for this.

d. d. The access medium grants access to the vehicles.

e. Partner companies (public transport, universities, etc.) can access their own, non-transferable access media (e.g. Employee cards) provided they are approved by Mobility. Responsibility for such access media lies with the partner company or with the respective customer (e.g. for issue, replacement, misuse and resulting damage, etc.). The regulations of the partner organisation shall apply. Mobility assumes no responsibility in this regard.

f. Customers can have more than one access medium (e.g. from Mobility and a partner company). However, the simultaneous use of several access media by the same customer is prohibited. An access medium may be used to operate only one vehicle at a time.

g. Access media must be stored carefully.

h. h. Access media are personal, non-transferable and may not be shared with third parties. This is without prejudice to the provisions of Sections 29.

i. i. Loss/theft/disappearance of an access medium must be reported immediately to the 24h Service Center and – if issued by a partner organisation – to the latter. 

yr j. Mobility and/or the partner organisation may charge a fee for replacing a lost, stolen or damaged access medium; the same applies to blocking.

k. Customers shall be liable for any misuse of access media and login data (e.g. unauthorised forwarding of the access medium or failure to report loss). Mobility is at liberty to seek redress from the culpable parties.

l. l. Customers must notify Mobility and the authorities at all times of any misuse of its login and/or access medium

m. Mobility reserves the right to withdraw or block an access medium at any time and without stating reasons (see also Sections 7 lit. b, 25 lit. g and 25 lit. h). Blocking leads to the access medium losing its validity for procuring services. As a result, existing reservations are canceled. The reduction of claims already incurred by Mobility and/or the reimbursement of payments already made are excluded; claims for damages by the person entitled to the access medium or of the indirect Beneficiary. Any use of a blocked/invalid access medium is prohibited. The right to claim damages and pursue sanctions under administrative/criminal law remains reserved.

n. n. Access media cannot be deposited with Mobility. Depositing the access medium with a partner company will have no effect on Mobility‘s terms of use; in particular, an extension of the right to use Mobility services corresponding to the duration of the deposit is excluded.

9. VEHICLE RESERVATION AND RENTAL ACCESS GROUP

a. a. Customers must reserve a vehicle of the desired category in accordance with Mobility’s specifications. 

b. b. Customers living in the same household or working in the same organisation can - if the same drive tariff applies for everyone - be part of a rental access group and thus be able to use their access medium (except smartphone) to use reservations of other members of that group. The original person making the reservationneed not be in the vehicle during the journey.

c. c. Customers not part of a rental access group may drive the vehicle, provided that the original person making the reservation is in the vehicle during the journey.

d. d. Changes to the reservation are possible, provided that the desired vehicle is available. Cancellations are also possible. Both may be subject to a charge (for details see Fair Play and Charges).

e. e. A request to extend the reservation must be made before own reservation expires. If the reservation has expired, a new one must be made.

f. f. When making a reservation, enough time must be allowed to ensure that the vehicle can be returned punctually.

10. VEHICLES

a. Mobility does not provide any vehicle accessories (e.g. Learner driver sign, child’s (safety) seats, roof racks, towbar, dog guards, etc.).

b. b. All vehicles licensed to drive on motorways are registered with the electronic toll sticker (e-vignette) at the Federal Office for Customs and Border Security (FOCBS).

c. Customers have to pay further domestic and foreign costs and fees, e.g. as for chargeable parking spaces, environmental sticker, traffic charges, Car Transport service, ferry, etc. and to take any necessary measures (see also Section 21 lit. d).

d. c. If Mobility is exposed to third-party claims as a result of the conduct of a customer, it shall take such measures as it deems necessary and appropriate to safeguard its interests. Mobility will inform the third party of the name and/or company name and address of the customer in question and will charge a fee in accordance with Fair Play and Charges in the invoice.

e. Mobility undertakes the regular maintenance and cleaning of the vehicles as well as any repairs (cf. Section 17 lit. d).

11. DETERMINATION OF DISTANCE TRAVELLED

a. a. Calculation of the number of kilometres driven begins and ends at the Mobility location at which the vehicle is habitually stationed.

b. b. A discrepancy of up to 5% between the distance travelled as calculated by the on-board computer and by the vehicle‘s odometer is deemed acceptable by the system. In a scenario such as this, the value calculated by the on-board computer shall prevail.

12. USING THE VEHICLE: PREREQUISITES, REQUIREMENTS AND BEHAVIOUR

a. Customers are only entitled to use vehicles if they have a valid reservation (see also Section 9 lit. a). 

b. b. Before the journey start, customers must check that the vehicle has no damage and is in a safe operating condition. In the case of electric vehicles, customers must also check that there is a charging cable in the car boot. Damage and/or performance disruptions (such as vehicle defects) must be reported immediately before the start of the journey via the Mobility app or by telephone (cf. Section 17 lit. b).

c. Customers must drive the vehicle themselves (cf. Section 9 lit. b and c) and must not allow the vehicle or the steering of any other person, in particular Leased to third parties.

d. d. Learning to drive is generally permitted, provided that the supervising person is also a customer and the legal requirements are met. However, Mobility may invalidate certain products. Customers are responsible for ensuring that the vehicle is licensed for learner drivers. Mobility provides appropriate decision-making help during the reservation process.

e. e. Passenger cars may only be used for transporting people. Bulky items may only be transported in “Transport” category vehicles (vans). However, bulky items may also be transported in the cargo space of “Combi” (estate car) category vehicles. Seats, car boot covers or other vehicle installations may not be removed from the vehicle or dismantled.

f. Vehicles may not be in a condition impaired by alcohol, medication or drugs or in any other condition impairing driving ability (e.g. Overtiredness or illness).

g. Before and during the journey, customers must ensure that the fill level of the tank or the charge level of the battery is sufficient to return the vehicle to the Mobility station or a permissible parking bay (cf. Section 14 lit. b) (see also Sections 13).

h. h. For reasons of hygiene, animals – insofar as their carriage is legally permissible – may only be transported in dedicated transport containers or on a blanket in the car boot. The vehicle must be thoroughly cleaned afterwards at the customer‘s expense. 

i. i. Smoking, including the use of e-cigarettes, is prohibited in the vehicles.

yr j. Windows and doors must be fully closed and locked during interim stops and at the end of the journey.

k. Vehicles may not be used:

1. in a manner contrary to the provisions of road traffic law or other regulations;

2. to tow or otherwise move another vehicle;

3. for paid journeys for third parties (e.g. Taxi rides);

4. for motor racing or other competitions;

5. to transport hazardous substances of any kind;

6. for driving off road or on roads not open to the public;

7. at demonstrations or rallies;

8. for the display of advertising;

9. for skidding courses, driving courses, etc. This does not apply to courses offered explicitly by Mobility or in connection with legally prescribed courses for driving licences.

10. for driving tests and test drives.
     

l. l. Bicycles can only be parked in Mobility outdoor parking spaces as long as they do not obstruct access to other vehicles and are generally not in the way. Bicycles may not be parked in indoor parking halls or garages and they may be removed or taken away at customers’ expense and risk. Mobility is not liable for parked bicycles.

13. REFUELLING/CHARGING THE VEHICLES

a) Where possible, vehicles must be refuelled using the fuel card (fuel/power) in the vehicle or to load. If customers pay for refuelling themselves, the amount will be credited to their Mobility account against presentation of the receipt. The relevant data (amount, date/time and VAT numbers) must be completely shown on the document and legible.

The fuel/power card may only be used for Mobility vehicles. Misuse, such as using it to refuel or charge a non-Mobility vehicle, will be reported to the police. Customers will bear all resulting costs. 

c) Customers are liable for the fuel/power card during the entire period of use they have reserved. The fuel/power card must be returned or plugged in to its designated storage place immediately after use. plug-in. Customers are liable for the loss of a fuel/power card for which they are responsible.

d) The use of charging infrastructures that are not operated by Mobility are subject to the provisions of the respective provider. Mobility accepts no liability for incidents in connection with the use of such charging infrastructures. If the provider’s provisions are violated or the infrastructure is used improperly or damaged, the customer is solely liable. Mobility will charge the customer for all costs that are incurred in conjunction with the use of charging infrastructures of other providers. These regulations also apply accordingly for fuel filling stations.

e) additional regulations for vehicles with combustion engine.

1. Vehicles must be refuelled if the tank is less than one third full upon returning the vehicle. Mobility charges a fee for non-compliance.

2. Refuelling premium fuels (e.g. V-Power, Ultimate) is not permitted. Mobility may charge customers for the additional costs of such fuels.

3. Customers are responsible for ensuring that the vehicle is filled with the fuel intended for the vehicle (petrol or diesel). In the case of incorrect refuelling, the vehicle must not be started. In the case of incorrect refuelling and/or starting the vehicle, customers will be charged for the costs incurred.

f) additional regulations for electric vehicles:

1. for electric vehicles with a charging station at the Mobility location, the plug of the cable attached to the charging station must be plugged into the vehicle when the vehicle is returned, regardless of charging status. The vehicle display indicates whether the power supply is connected and charging has started. Mobility charges a fee for non-compliance.

2. If the charging station does not have a tethered cable, the cable in the car boot must be used. To prevent theft, this cable must be unplugged before the start of the journey and transported during the journey. Non-tethered cables are marked with a red pennant.

3. Selected electric vehicles do not have an operational charging station at the Mobility location. The electric vehicles concerned are marked appropriately in the reservation process. If the battery status of these electric vehicles is less than 31% when the vehicle is returned, the vehicle must be charged; in the months of April to October, the battery status must be at least 21% when the vehicle is returned. Mobility charges a fee for non-compliance.

14. RETURNING THE VEHICLE

a. At the end of the reserved period of use, the vehicle must be returned to the original Mobility location or, depending on Driving mode at the agreed target location. The 24h Service Center must be notified by telephone without delay should it prove impossible to return the vehicle on time. Mobility charges a fee for late vehicle returns or returns to the wrong location.

b. b. If provided at the Mobility location, the vehicle must be parked in a parking space of the category specific for the vehicle (e.g. those for vans [larger parking spaces] or for electric vehicles [charging stations]).

c. c. The vehicle must be returned in a clean and operational condition.

d. The customer undertakes to use all movable materials (e.g. Ice scraper, blue zone parking tickets, etc.) to the designated location in the vehicle.

e. e. Customers must, at their expense, clean away any clearly visible dirt inside and outside the vehicle for which they are responsible and dispose of any rubbish.

f. All battery-operated devices must be switched off. Vehicles with a start/stop switch must be switched off properly. Occurring performance impairments (e.g. empty battery) due to improper return will be rectified by Mobility and will be rectified in full, plus any passing on of third-party invoices (e.g. Towing, parking fines, etc.) will be invoiced. 

g. g. If the vehicle comes with a key, it must be returned to the designated place or glove box after use.

h. h. Mobility does not accept any liability for items left in the vehicle or stolen.

15. INVOICING

a. The customer undertakes to pay for all costs associated with journeys as well as for the other products and services in accordance with the respective valid contractual components, insofar as these are not paid by the business customer (cf. Section 26 lit. b and i), the organisation (cf. Section 27 lit. c) or other third parties.

b. Invoices are issued periodically, depending on the amount.

c. Subsequent invoices are possible. Mobility can purchase products or Invoice services with different invoices.

d. Debits and credits in foreign currencies are calculated at the exchange rate on the date of debit or Credit note converted.

e. e. Invoices must be settled in full by the deadline stated on the invoices (due date). After expiry of the payment deadline, the customer shall automatically be in default for the entire amount without the need for a reminder. For every reminder (except the first payment reminder) and all other collection steps, Mobility charges a Fee.

f. f. Complaints regarding an invoice must be lodged in writing or by email within fifteen (15) days of receipt of the invoice, otherwise it will be deemed to be accepted. 

g. If overdue invoices remain unpaid in whole or in part, Mobility may at any time and without prior notice suspend the right of use or withdraw it from the customer in its entirety (see also Sections 7 lit. b and 8 lit. m). 

h. h. Suspension or termination of the right of use, cancellation of existing reservations, cancellation of the contract and/or exclusion of defaulters by Mobility do not entitle customers to a reduction of any existing outstanding debts or reimbursement of any payments that have already been made, or to compensation from Mobility.

i. In the case of cooperative members, Mobility also reserves the right of offsetting pursuant to Art. 11 para. 4 of the articles of Association before.

yr Mobility can at any time transfer its claims to third parties (e.g. Debt collection companies) without informing the client. Debtors are liable for all resulting costs and for settling with third parties directly.

16. VOUCHERS

a. a. Mobility generally accepts Reka money and vouchers. This does not apply to payment for claims, for cooperative share certificates, for settlement of debts or for products and services of partner companies (in particular journeys with partner vehicles).

b. b. For Mobility to consider Reka money or vouchers for payment, the latter must reach Mobility no later than fifteen (15) days before the corresponding invoice is issued. Reka money or -Vouchers will not be refunded. Only upon termination of the customer relationship shall Mobility transfer any remaining amount in CHF – at its discretion, to the customer’s Reka customer account, bank or postal account, after deduction of a Reka discount and a processing fee.

c. c. In exceptional cases, Mobility shall decide at its own discretion whether and to what extent it will refund Mobility vouchers. In respect of any payment, Mobility takes into account at most the price actually paid by the customer and not the value of the voucher. Mobility charges a processing fee for each refund.

17. OPERATIONAL DISRUPTIONS AND DAMAGE BEFORE/DURING THE JOURNEY

a. a. Sensors in Mobility vehicles can measure impacts inside and outside the vehicle, which enables the originator of any damage to be identified.

b. b. Customers must check any damage and/or operational disruptions (such as vehicle defects) before starting the journey and report these if necessary:

1. Existing damage that is not already marked in the Mobility app must be reported via the Mobility app before starting the journey (see also Section 12 lit. b).

2. If the service disruption occurs before the start of the journey (see also Section 12 lit. b) must be reported immediately by telephone. This also applies if the vehicle is not available before the start of the journey (see also Section 17 lit. e).

3. Does the damage or the disruption in performance the continued drive and/or the safety of customers, passengers or third parties must be reported immediately by telephone.

4. In the event of anything else, the report must be phoned through at the latest before the end of the reserved period of use. The further procedure is to be followed according to the information in the Mobility app or agreed with the 24h Service Center.

c. What to do in the event of breakdowns and accidents:
In the event of breakdowns and accidents customers must immediately contact Mobility’s 24h Service Center by telephone.

1. Only Mobility may call the breakdown service in Switzerland and abroad. Otherwise, Mobility will not cover the costs of the breakdown service or to the customer.

2. If the oil pressure, ABS or another red warning light comes on, the vehicle must be brought to an immediate halt and the engine turned off. It must not be driven any further.

3. If a breakdown or accident make it difficult to continue the journey and/or endanger safety, the vehicle must not be driven. In all other cases, the drive may only be continued if this is permitted under road traffic legislation and the Mobility vehicle will not suffer any further damage as a result. The continued drive will be organised and handled directly by the breakdown service.

4. The customer is obliged to wait by the vehicle until the breakdown service arrives.

5. In the event of a claim involving third parties or property damage to third parties, the customer must call Mobility’s 24h Service Centre and complete a European accident report in full. This must be signed and if a third party is involved, by the third party as well (the form is in the vehicle or will be sent by the Service Centre). The accident report must be returned to Mobility within 3 days at the latest after the damage event or uploaded to the app via the damage report. If the accident report is missing or has not been completed and signed correctly, liability reductions may be denied and the full cost of the damage may be charged to the customer.

6. The customer must not sign any acknowledgement of fault. It will not be accepted by Mobility.

d. d. Repairs may only be initiated by Mobility. Customers themselves are not permitted to repair damage or a performance disruption on the vehicle or have it repaired without permission from Mobility.

e. e. If the reserved vehicle is not available at the start of the reservation, the 24h Service Center will if possible make another vehicle available at the nearest possible Mobility station, subject to availability. There is no right to an equivalent replacement vehicle or to compensation. If rebooking is not possible, customers may, after consulting the 24h Service Center, use an alternative means of transport at Mobility’s expense, whereby a proportionate cost framework specified by Mobility must be adhered to.

f. f. Mobility is entitled to take recourse against the customer responsible for causing the unavailability of the vehicle after the end of the reserved period of use. In any unavailability scenario, Mobility may also charge the customer causing the unavailability the hourly rate and a fee.

g. All damage/costs incurred as a result of improper or inappropriate use of the vehicle or caused in any other way in breach of the contractual provisions (including damage to the vehicle) shall be invoiced to the customer who was entitled to use the vehicle during the relevant period (see also Section 18 lit. c).

h. All other (i.e. not listed above lit. g recorded) damage to the vehicle and associated costs are deductible to the extent of the policy deductible (see in particular Section 18 lit. i and j and Section 19 lit. a) to the customer who was entitled to use the vehicle during the corresponding period. This also applies to any damage/costs caused by third parties, unless Mobility is responsible by the third parties or whose third-party liability insurance has been compensated (see also Section 18 lit. c).

i. The customer who last used the vehicle before the damage was reported before the start of the journey shall be deemed to have caused the damage unless a timely damage report (cf. Section 17 lit. b) or a police report. If the damage is reported after the start of the journey, the customer who is entitled to use the vehicle at the time in question shall be deemed to have caused the damage, unless a timely notification of the damage (cf. Section 17 lit. b) or a police report. The regulation of above lit. g remains reserved in all cases or applicable.

yr Operational damage (e.g. self-caused tyre damage, as a result of driving errors, above-average clutch wear due to improper operation, incorrect refuelling, mechanically caused damage due to incorrect handling) caused by negligence on the part of customers are not covered by any insurance and will be invoiced to the customer in full.

k. In order to determine the person who caused the damage to the vehicle, Mobility can access electronic (cf. Section 17 lit. a) and any other data.

l. l. Damage will be repaired at the discretion of Mobility and its insurance company. Mobility reserves the right not to repair damage. Each damage will lead to a reduction in value of the vehicle. Customers are therefore charged the cost of the repair, but in principle no more than the deductible, if the damage is insured. 

18. INSURANCE PAYMENTS AND EXTENDED LIABILITY

a. Mobility insures the vehicles in accordance with the statutory provisions: it takes out third-party insurance cover, comprehensive and partial coverage insurance cover and passenger insurance cover (which also covers third parties) for each vehicle.

b. b. When it comes to the use of partner vehicles, the regulations of the respective partner company shall apply. 

c. c. Third-party insurance covers personal injury and property damage caused to third parties by use of a Mobility vehicle, up to the sum insured. Mobility can seek redress from customers for all costs in excess of the actual insurance payment (including the insurance company‘s redress claims) if the customer has acted wilfully or with gross negligence or is in breach of the contractual obligations agreed with Mobility.

d. If Mobility has caused liability on the part of the owner of the motor vehicle or for other reasons for a loss event caused by the customer, recourse to the customer to the extent of the policy deductible and fees of the insurance solution chosen by the customer remains reserved in all cases. In all other respects, the above lit. c

e. e. The comprehensive insurance covers the following damage to vehicles:

• Comprehensive cover: partial coverage insurance (see below) and forcible damage (accident damage/collision)

• Partial coverage: theft-, fire- and weather-related damage; glass, animal and sliding snow-related damage,

• Damage caused by wilful acts of third parties (but only if a police report has been filed)

f. Passenger insurance (amounts per person):

• Death CHF 10’000

• Disability CHF 50’000

• Daily benefits (730 days within five years) CHF 10

• Daily hospital benefits (730 days within five years) CHF 10

• Costs of medical treatment (max. five years) unlimited

g. The passengers in the vehicle have direct claims under the passenger insurance cover. If required, Mobility will assign all insurance claims to them to allow them to assert said claims in their own name.

h. h. Mobility recommends that customers take out their own personal accident insurance.
 

i.  i. With regard to the policy deductible, the following rules always apply:

• Third-party liability insurance policy deductible per claim: CHF 1’000.

• Comprehensive coverage insurance policy deductible per claim: CHF 2,000; with vehicle category van: CHF 3,000

• Policy deductible in the event of damage covered by the partial coverage insurance: CHF 0

Maximum policy deductible per claim: CHF 3,000 total; with vehicle category van: CHF 4,000 total.

yr Special cases of the deductible policy:

• Additional policy deductible for inexperienced drivers (customers holding a full driving licence for less than two years): CHF 500

• Additional policy deductible for young drivers (persons under 28 years of age): CHF 500

• Additional policy deductible for learner drivers: CHF 500, plus CHF 500 if the customer is under 28 years of age 

Additional maximum policy deductible per claim: CHF 1,000.

k. k. The insurance cover does not constitute a waiver of contractual or non-contractual claims for damage of any kind on the part of Mobility against customers or third parties. Mobility reserves the right to assert such claims at any time (see also Section 17 lit. f).

l. For not being reported and/or processing the liability or of the claim (/damage) Mobility will charge the customer in question a Fee. This fee is not covered by the insurance or included in the policy deductible.

19. OPTIONAL LIABILITY REDUCTION COVER

a. With the products “Liability reduction” and “Liability reduction per journey” the liability for the policy deductible per claim (/damage) can be reduced (cf. Section 18 lit. i and Section 26 lit. g). The processing fee set by Mobility for processing the claim (/damage) in accordance with Section 18 lit. l. but remains unchanged.

b. b. The product “Liability reduction” can be obtained when concluding the contract or at a later date. Customers can also make a reservation or order the product “Liability reduction per journey” individually before each journey.

c. c. In the case of new customers, the product “Liability reduction” applies from the granting of the right of use if it is obtained at the same time as the application for right of use. If obtained at a later date,the liability reduction cover applies for the specified duration from the time when the order is received by Mobility.

d. d. The product “Liability reduction” is personal and non-transferable. It can be cancelled separately at the end of the term.
The provisions for business customers with transferable access media in Section 29 lit. c. 

e. If liability reduction cover is taken out, it only protects the person in whose name it is held (reserved Section 26 lit. g for business customers). If a different person drives the vehicle, they are not covered by this insurance. This is particularly relevant for rental entrance groups (cf. Section 9 lit. b and c) or if unauthorized persons (cf. e.g. Section 12 lit. c) the vehicle.

f. Liability Reduction cover does not apply if Mobility claims the customer in accordance with the above Section 18 lit. c Can take recourse. It also does not cover journeys in partner vehicles. 

g. In the event of accidents and damage, Mobility is entitled to terminate the “Liability Reduction” product without notice or unilaterally withdraw the right of the customer concerned to take out the “Liability reduction per journey” product in future. In the event of termination without notice, Mobility shall not reimburse the fee for the remaining term of the product “liability reduction”.

20. TRAFFIC VIOLATIONS

a. a. The authorities notify Mobility of any fine or traffic violation (in Switzerland or abroad) by customers involving a Mobility vehicle. Mobility informs the authorities of the name and/or company, address, date of birth and place of residence of the relevant customer and charges a fee for doing so. 

b. b. The customer is responsible for any proceedings and all associated costs (lawyers’ fees, legal fees, fines, etc.).

c. c. If Mobility is exposed to third-party claims as a result of the conduct of a customer, it shall take such measures as it deems necessary and appropriate to safeguard its interests. Mobility informs the third party/parties of the name and/or company and address of the relevant customer and charges a fee for doing so.

d. d. The customer undertakes to reimburse Mobility for all costs in connection with such third-party claims and to indemnify Mobility in full against such claims.

21. TRAVELLING ABROAD WITH THE VEHICLE

a. a. Foreign travel is permitted in those countries for which insurance cover concluded by Mobility applies. The corresponding overview can be found on the Website from Mobility.

b. b. If the Federal Department of Foreign Affairs advises against travel to a country to which Mobility allows foreign travel, travel to that country is not permitted. Non-compliance lays the customer open to a claim for compensation.

c. c. The customer shall observe traffic and other rules applicable in the respective country (also concerning prescribed vehicle equipment and other equipment). 

d. d. Foreign fees such as environmental badges, tolls, road traffic charges and motorway toll vignettes are the responsibility of the customer and cannot be obtained from Mobility.

e. e. Customers domiciled outside Switzerland reserving a vehicle are only allowed to drive it within Switzerland. It is the duty of customers to inform themselves at the competent customs office about the applicable legal provisions with regard to their individual situation.

22. DRIVING PARTNER VEHICLES

Journeys involving partner vehicles arranged through Mobility are subject to the provisions of the respective contract concluded between the customer and the respective partner company.

23. MOBILITY’S LIABILITY

a. Mobility accepts no liability for damage or accidents caused by customers on their way to or from at a Mobility location of a vehicle.

b. b. Any liability on the part of Mobility for damage to customers and passengers is excluded to the extent permitted by law. This also applies to damage caused by system faults (e.g. On-board computer or reservation system) or vehicles.

c. Mobility accepts no liability in connection with the use of the vehicles for learner drives (cf. also Section 12 lit. d).

24. CHANGES OF ADDRESS OR NAME

a. Any changes to the information provided at the time of conclusion of the contract that could influence the contractual relationship or the provision of services by Mobility (e.g. Changes of name or address, including e-mail), must be made immediately by Mobility in writing, by e-mail or (if possible) via Customer portal to report.

b. Until notification of the change is received by Mobility, communications from Mobility to the last known name(s) or Address (including e-mail address) as legally valid.

25. DURATION, CANCELLATION AND TERMINATION OF THE CUSTOMER RELATIONSHIP

a. a. The legal relationship between Mobility and the customer shall run for an indefinite period, except in the case of products whose term is limited and which do not automatically renew. The terms of the products are regulated in the product descriptions.

b. b. The right of use and the customer’s other rights and benefits shall end upon termination of the legal relationship.

c. c. The legal relationship may be terminated by either party without notice. 

d. d. Where terminations are concerned, the notice periods and termination dates specified by Mobility in the product descriptions must be observed, except where Mobility permits termination with immediate effect. Unless specified otherwise, the end of the month always applies as the termination date.
The decisive factor for termination is that it is entered in the customer portal. If notice is not given in time, it applies to the next possible termination date.

e. e. Termination by customers must be made using the customer portal.
For business customers, the following applies: Section 26 lit. and and for the organisations Section 27 lit. e 13.

f. f. If a product is terminated, any related liability reduction cover shall also be deemed to terminate at the end of its term. No reimbursement shall be made for any remaining term of the liability reduction cover beyond the term of the product, not even on a pro rata basis.

g. The termination of a cooperative member or vis-à-vis a cooperative member is also deemed to be a declaration of resignation or Exclusion from the cooperative within the meaning of articles of Association.

h. h. In the interest of honest and responsible customers, Mobility reserves the right to terminate customer relationships with customers at any time without notice and without stating reasons. This also applies after conduct resulting in criminal proceedings and after a major claim The provisions of the articles of association governing cooperative membership remain reserved (cf. Section 7 lit. b, Section 8 lit. m).

26. BUSINESS CUSTOMERS, THEIR EMPLOYEES AND BUSINESS PRODUCTS

a. The following provisions also apply to Mobility’s business customers and business products as well as to the use of Mobility products based on the scope of business application, as well as the provisions in Sections 29. It supplements the other GTC provisions and replaces any contradictory GTC provisions.
For business customers, the provisions of the configuration form and the other provisions linked therein take precedence over the GTC and the other provisions (cf. Section 3 lit. d).

b. Business customers are the bearer of all customer rights and obligations vis-à-vis Mobility (including all payment obligations), irrespective of which employees use which products or Benefits. The business customer bears full responsibility for the use of the vehicles and the purchase of other products and services by the employees. Employees’ culpability will be attributed to the business customer.
An exception is the purchase of Mobility services by employees under their private utilisation. The employees are responsible and liable to pay costs themselves for private utilisation. Unlike Mobility, use only qualifies as private if it has been booked as private (see also lit. k).

c. All employees entitled to use business trips who do not already have a personal private access medium must register with Mobility separately by registering as a new customer (see also lit. d).
Business customers can inform Mobility of all employees with rights of use with the required data for this purpose. Mobility for its part can inform business customers whether employees of the business customer are registered with Mobility as entitled to use services (including names).
The provisions for business customers with transferable access media in Section 29 lit. d. i.

d. d. With the business products, all employees with rights of use are assigned a personal access medium, if they do not already have one. Those with rights to use are mentioned by name here. The access media is personal, non-transferrable and may not be passed on to other employees or third parties.
The provisions for business customers with transferable access media remain reserved (Section 29 lit. d. ii.).

e. All authorised employees have a direct contractual relationship with Mobility and have their own login, account and access medium (cf. lit. b). 
The provisions for business customers with transferable access media remain reserved (Section 29 lit. d. iii).

f. f. Mobility offers various business products, and can create further business products and modify or withdraw existing ones at any time. Current business products and the conditions attached to them are available on Mobility’s website.

g. Notwithstanding Section 19 lit. d business customers can reduce the deductible per claim (/damage) with the products “Liability reduction” and “Liability reduction per journey”. 
The provisions on liability reduction for business customers with transferable access media in Section 29 lit. c. 

h. Mobility informs all authorised employees concerned and the contact person(s) for business customers (cf. lit. o) on the changes relevant to them, e.g. as regarding products and services, contractual arrangements, prices, processes, etc. 
The provisions for business customers with transferable access media remain reserved (Section 29 lit. d. iv.).

i. i. The costs for the (one-off) activation, any (monthly) subscription fees for business use as well as for the business trips will be borne by the business customers unless otherwise agreed. 

yr If the commercial product chosen by the business customer offers cheaper rates than the private product chosen by the respective Authorised User, the corresponding Authorised User shall also benefit from the lower rates for the commercial product for private use. 
Other products such as e.g. as the liability reduction or the “Cause We Care” climate contribution.
The provisions for business customers with transferable access media are also reserved (Section 29 lit. d. v).

k. k. With each utilisation, the employees must specify whether the journey is of a business or private nature (“journey purpose”). Employees are responsible for correctly specifying the purpose of the journey.
The provisions for business customers with transferable access media remain reserved (Section 29 lit. d. vi).

l. Employees may only use the vehicles for business purposes for purposes approved by business customers. Vis-à-vis Mobility, the respective journey purpose it is informed of before the journey (private or business use) is decisiveVis-à-vis Mobility, the purpose of the journey (private or business use) stated to Mobility before the journey is decisive, also for invoicing and liability for invoice amounts (cf. also k). lit. k).
If there are any agreements to the contrary in the relationship between the employer and the employee, differences in their bilateral relationship must be clarified.

m. The business customer determines the number of business products they need in their order. Upward adjustments are possible at any time. Downward adjustments only taking into account the applicable notice periods.

n. n. Mobility can stipulate that the business customers can make reservations for journeys which can be used by dedicated persons with rights of use (shareable reservations). 

o. When concluding the contract, business customers shall name their contact person(s); changes to the contact persons must be made in accordance with Sections 24 to report.

per Mobility is responsible for maintaining, cleaning and repairing the vehicles (cf. Section 10 lit. e). Maintenance and cleaning usually take place on weekdays between 8 a.m. and 5 p.m. Mobility determines the time for all work without consulting the customer, but takes existing reservations into account when planning the service work. If Mobility carries out such work, there is no entitlement to compensation or compensation, including for the breakdown of the vehicle during these periods.

q. If Mobility makes one or more dedicated vehicles available to its business customers, Mobility is entitled to replace the vehicle(s) with one of the most equivalent possible at any time. Mobility shall adapt any detailed agreements it has made (in particular in the configuration form) accordingly.
If such a vehicle is expected to be out of service for more than three weeks, Mobility will provide a replacement vehicle that is as equivalent as possible. 
If such a vehicle is permanently out of service, Mobility will provide a replacement vehicle that is as equivalent as possible within a reasonable period of time.
There is no entitlement to compensation, not even for downtimes.

r. Mobility can grant business customers a periodic discount based on the Mobility services used.

see Business customers cannot redeem Mobility vouchers.

d. All prices or Amounts are exclusive of VAT unless explicitly stated otherwise. 

and Termination by business customers must be made in a verifiable manner in writing. 

v. If the contractual relationship between the business customer and Mobility is terminated or if employees leave the business customer, the existing contractual relationship between Mobility and the (departing) employee shall remain in force. 
Business customers must inform Mobility of the employee’s departure no later than the date of departure. If it fails to do so, it shall bear the resulting consequences (in particular costs). 
All rights and obligations, in particular the obligations to pay shall apply from the time of departure or the termination of the contract solely between the formerly entitled employees as private individuals and Mobility, insofar as the business customer has notified Mobility of the departure – otherwise from the date of notification. At the same time, the departing authorised employees lose any rights granted or granted by the business customer. benefits (cf. lit. y).
Mobility will inform formerly authorised employees accordingly. They have the option of duly terminating the contractual relationship with Mobility.
The provisions for business customers with transferable access media remain reserved (Section 29 lit. d vii).

w. In the event of good cause, Mobility is entitled at any time at its own discretion to:
i. Cancel existing reservations;
ii. To withdraw the right to use individual or all business products without notice;
iii. To declare individual or all of the Business Products terminated without notice;
iv. To terminate the legal relationship with business customers without notice. This will result in the immediate termination of existing reservations and all business products.
Good cause includes, in particular, late payment (despite a reminder), improper handling of the vehicles, use of the vehicle by unauthorised third parties and breach of material contractual obligations by business customers and/or their authorised employees, the opening of insolvency, bankruptcy or composition proceedings against business customers or the cessation of business activities by the latter.

x x. Any disclosure of statistical data and information by business customers to third parties must first be approved by Mobility in writing. 

27. ORGANISATIONS AND CUSTOMERS REFERRED BY THEM

a. The following provisions apply to the organisation and its legal relationship with Mobility, unless the above provisions (cf. Section 3 lit. d) Provisions of the configuration form and the other provisions linked therein. In all other respects, the other provisions of these GTC and the other contractual components (cf. Section 3 lit. a), provided they do not contradict or deviate from the aforementioned. 

b. The legal relationship between Mobility and the customer referred by an organisation shall be governed by the general terms and conditions of business, insofar as these are not governed by the provisions of this Sections 27 be changed or replaced.

c. Customers may only use Mobility services brokered by organisations for private purposes (private purpose of the journey). 
The organisation may assume part or all of the service for a specific period of time or for the entire duration of the contract for the Authorised Users; otherwise, the Authorised Users are responsible for and subject to a fee for the purchase of these services. 

d. Referred customers who do not already have a personal private access medium must register with Mobility separately via new customer registration. 
The organisations refer the referred customers directly to Mobility. 

e. The following provisions regarding business customers (Sections 26) apply analogously to organisations and customers referred by them or Authorised users:

1. lit. d Para. 1 (personal access medium);

2. lit. e (direct contractual relationship between the customer and Mobility);

3. lit. f (commercial products); 

4. lit. h (information from Mobility);

5. lit. j (beneficiary designation);

6. lit. m (number of products);

7. lit. o (contact person); 

8. lit. p (maintenance, cleaning and repair of vehicles);

9. lit. q (replacement of dedicated vehicles);

10. lit. r (periodic discount); 

11. lit. s (no vouchers);

12. lit. t (VAT);

13. lit. u (termination);

14. lit. v (Consequences of the termination of the contractual relationship between the organisation and Mobility, in particular for referred customers);

15. lit. w (termination for good cause);

16. lit. x (disclosure of statistical data to third parties by organisations).

28. VEHICLE COMMUNITIES

a. The vehicle pool (see above for the term Section 2 lit. d) Mobility shall provide an up-to-date list of its members at the start of the contract, containing at least the following information: Surname, first name, address, date of birth, email address, smartphone number and Mobility number.

b. Each member of the vehicle pool must have a personal access medium. 

c. The vehicle pool provides Mobility with a copy of the shareholder agreement as well as the current extract from the commercial register if an entry has been made in the commercial register.

d. The vehicle pool must have at least two members at all times.

e. The vehicle pool association must inform Mobility immediately of any changes to its portfolio (departure, joining, name and address changes, etc.). If it fails to do so, it shall bear the resulting consequences (in particular costs).

f. Each member of the vehicle pool shall be jointly and severally liable for the debts of the vehicle pool.

g. In addition to the Section 26 lit. f (good cause) is deemed to be good cause if a vehicle pooling company fulfils its obligations in accordance with the above lit. c does not comply or consists of only one person (cf. above lit. d).

29. BUSINESS CUSTOMERS WITH TRANSFERABLE ACCESS MEDIA

For all transferable access media still in circulation, the following apply in addition to or notwithstanding the above, the following provisions:

a. The transferable access media still in circulation are still valid.

b. In addition to Sections 26 the following provisions apply:
i. The transferable access medium can be used by employees designated as authorised by business customers. 
ii. The purpose of the journey for journeys with a transferable access medium is always business.
iii. Learner drives are not permitted for business products with transferable access media. 
iv. Business customers are responsible for ensuring that employees with transferable access media are aware of, observe and comply with all rights and obligations arising from the contractual relationship between Mobility and business customers.
v. Business customers are obliged to provide employees with transferable access media with up-to-date information on products, services and contractual provisions (e.g. GTCs, privacy policy, etc.), prices, processes, etc.
vi. Business customers must be able to provide Mobility and the authorities with information at any time as to when which employees use which transferable access medium or have been driven.

c. Notwithstanding Section 19 lit. d the “Liability Reduction” product is transferable for transferable access media. 

d. Notwithstanding Sections 26 the following applies to employees authorised for business trips with only transferable access media:
i. You do not have to register separately with Mobility by registering as a new customer (notwithstanding Section 26 lit. c).
ii. You do not need to have a personal access medium (deviating from Section 26 lit. d).
iii. You do not have to have a direct contractual relationship with Mobility (deviating from Section 26 lit. e).
iv. Business customers are responsible for providing them with information (see also above lit. c. iv.; notwithstanding Section 26 lit. h).
v. You cannot be deprived of the benefit of Section 26 lit. y benefits.
vi. You do not have to enter the purpose of the journey (deviating from Section 26 lit. k). Journeys with transferable access media are considered business-related (see also above lit. b.ii).
vii. For her, Section 26 lit. v not applicable (see also above Sub-paragraph (iii)).

30. FINAL PROVISIONS

a. a. These GTC replace all previous GTC of Mobility.

b. Mobility reserves the right to amend these GTCs, the other contractual components and provisions as well as their products, services and prices at any time. Such changes (including the loss of rights and benefits) shall not give rise to any right of termination on the part of the customer.

c. c. The customer shall have prior notification of any changes in an appropriate form and within a reasonable period of time. This excludes changes that affect partner companies or third parties; which will inform the customer themselves.. 

d. Changes shall be deemed to have been approved by the customer from the communicated change date.

e. e. Customers who do not provide an email address or whose email address is no longer valid explicitly waive this communication channel. Said customers explicitly acknowledge that general information and information about changes to the contractual relationship, products and services, etc. will not reach them. As a result, all information is explicitly deemed received and all changes deemed accepted. 

f. The contractual relationship between the customer and Mobility and the rights and obligations arising therefrom are not transferable without the express consent of Mobility, insofar as the GTCs or other contractual components (Sections 3) do not stipulate otherwise.

g. If the customer breaches the provisions of the GTC or other contractual components, they shall be liable for the resulting costs (e.g. due to additional or additional expenditure by Mobility). Mobility reserves the right to recoup such costs. In some cases, such costs are part of the contract Fair Play and Charges included.

h. Should one or more provisions of these GTC or other contractual components be invalid or void in whole or in part, this shall not affect the validity of the remaining provisions.