General Terms and Conditions (T&Cs) of CARRIVO GmbH

Table of contents

1. Scope of Application
2. General Contractual and Usage Requirements
3. Booking and Conclusion of Contract
4. Right of Withdrawal and Cancellation
5. Provision and Handover
6. Tyres and Tyre Changes
7. Vehicle Replacement
8. Return
9. General Obligations of the Customer
10. Repairs, Maintenance and Servicing Measures
11. Loss of Keys
12. Loss of Driving Licence
13. Prohibited Uses
14. Damage Reporting and Claims Handling
15. Liability and Insurance
16. Costs and Payments
17. Vouchers and Discount Codes
18. Assignment, Set-Off and Right of Retention
19. Term and Termination
20. Data Protection
21. Transfer of Contract
22. Jurisdiction and Final Provisions

1. Scope of Application

 

These General Terms and Conditions (T&Cs) shall apply, in the version valid at the time of booking, to all contracts concluded between CARRIVO GmbH, registered with the Commercial Register of the Local Court (Amtsgericht) Bremen under HRB 41855 HB, Kommodore-Ziegenbein-Allee 3, 28217 Bremen, Germany, email: hallo@carrivo.com, telephone: +49 421 49188630 (hereinafter referred to as "CARRIVO"), and its customers.

The website operated by CARRIVO is available at www.carrivo.com (hereinafter referred to as the "CARRIVO Website"). Where reference is made in these T&Cs to the CARRIVO Website, this shall always mean the website operated by CARRIVO as specified above.

Any deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless CARRIVO expressly agrees to their applicability in text form (Textform).

2. General Contractual and Usage Requirements

 

2.1 Customers

 

Customers within the meaning of these T&Cs are the contracting party and may be consumers (hereinafter referred to as "Private Customers") or entrepreneurs (hereinafter referred to as "Business Customers") who have legal and contractual capacity and whose permanent place of residence or registered office is located in Germany. During the booking process, the customer may select whether the booking is made as a Private Customer or as a Business Customer.

A consumer is any natural person who enters into the contract for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity (rechtsfähige Personengesellschaft) who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

Where special provisions apply exclusively to consumers or exclusively to entrepreneurs, this shall be expressly indicated in these T&Cs.

After completion of the booking process, a customer account will be created for each customer on the CARRIVO Website, through which the customer may view and amend all bookings as well as customer and payment data.

 

2.2 Main Driver

 

The Main Driver (Hauptfahrer) is the natural person registered as the primary user of the vehicle. In the case of Private Customers, the Main Driver is identical to the customer.

Registration as Main Driver takes place during the booking process via the CARRIVO Website by creating a driver profile.

For Private Customers, the Main Driver cannot be changed in the customer portal after completion of the booking process.

For Business Customers, the Main Driver may also be changed after completion of the booking process upon submission of a corresponding request to CARRIVO in text form. A change by the Business Customer directly within the customer portal is not possible.

 

2.3 Additional Driver

 

The customer may register one or more Additional Drivers subject to a fee.

In addition to the Main Driver, an Additional Driver is any other natural person authorised to use the vehicle who has been registered in the customer account during or after the booking process and approved by CARRIVO as a driver.

Additional Drivers shall not become a contractual party to the rental agreement concluded between CARRIVO and the customer.

The costs for the Additional Driver option are set out in the "Costs & Options" overview pursuant to Section 16.1, in the version valid at the time the option is booked.

Approval of an Additional Driver shall apply for the duration of the contractual term. Termination of use by the Additional Driver during the remaining contractual term shall not give rise to any pro rata refund of the surcharge.

 

2.4 Valid Driving Licence

 

Only persons who are registered as a Main Driver or Additional Driver (hereinafter collectively referred to as "Driver") on the CARRIVO Website and who have held a valid driving licence for at least twelve months for the respective state within the permitted territory pursuant to Section 2.5 in which the vehicle is used shall be authorised to drive the vehicle. Provisional driving licences or police loss reports shall not be deemed valid driving licences.

If a Driver has held a valid driving licence for less than three years or less than five years, a surcharge shall apply. The amount of the surcharge is set out in the currently valid "Costs & Options" overview pursuant to Section 16.1.

Individual age restrictions may apply depending on vehicle category, insurance conditions or CARRIVO's risk assessment. In such cases, CARRIVO may, at its reasonable discretion, submit an adjusted offer to the customer (e.g. increased surcharge, requirement of a security deposit).

The possession of a valid driving licence by the Main Driver must be verified digitally during registration of the driver profile and must additionally be confirmed upon handover of the vehicle by presentation of the original driving licence.

Presentation of the original driving licence is not required for Additional Drivers. The customer is obliged to ensure that Additional Drivers are in possession of a valid driving licence at all times.

 

2.5 Permitted Territory

 

The vehicle may only be used within the European Union as well as in Switzerland, Norway, Liechtenstein, Monaco and the United Kingdom. Use in any other country is not permitted.

Where the vehicle is used abroad within the permitted territory, insurance cover shall apply in accordance with Section 15.1.1 of these T&Cs. The scope of cover shall be governed by the statutory minimum coverage amounts and the terms and conditions of the respective insurer.

All vehicles provided by CARRIVO comply with the statutory equipment and safety requirements of the Federal Republic of Germany. When using the vehicle abroad, the customer is solely responsible for ensuring that any vehicle or travel equipment required under the applicable national regulations (e.g. additional high-visibility vests, breathalysers, toll vignettes, environmental stickers, snow chains) is carried.

When travelling outside the European Union, it may be necessary to carry an International Motor Insurance Card (formerly known as the "Green Card"). The customer must inform themselves of the applicable insurance documentation requirements prior to departure and obtain such documentation independently.

3. Booking and Conclusion of Contract

 

3.1 Verification Process

 

3.1.1 Private Customers

 

Within the booking process, Private Customers must provide proof that their permanent place of residence is located in Germany. As a rule, such proof shall be provided by submitting a valid official identity document showing a German registered address or a current registration certificate (Meldebescheinigung). CARRIVO may request such proof prior to conclusion of the contract during the booking process by means of digital verification via an identity service provider.

 

3.1.2 Business Customers

 

Within the booking process, Business Customers must provide proof of the authority of representation of the person acting on behalf of the customer. Such proof shall be provided by submitting an extract from the relevant Commercial Register (Handelsregister), where applicable, or by providing a corresponding power of attorney.

CARRIVO may also independently obtain an extract from the Commercial Register or comparable register data where this is necessary to verify the authority of representation.

 

3.2 Creditworthiness Check

 

CARRIVO shall carry out a creditworthiness check prior to conclusion of the contract as part of the booking process and shall be entitled to reject orders without stating reasons.

As part of the credit and risk assessment, CARRIVO uses open banking services (currently finAPI GmbH). Access to account information shall take place exclusively with the customer's consent via the respective open banking provider.

Consent is technically time-limited (currently up to 90 days) and may be revoked by the customer at any time.

If consent is not granted, no contract shall be concluded with CARRIVO.

 

3.3 Offer and Acceptance

 

The presentation and advertising of vehicles on the CARRIVO Website do not constitute a binding offer.

By submitting the order via the CARRIVO Website, the customer makes a binding offer to conclude a rental agreement.

CARRIVO shall confirm receipt of the order by email. Such confirmation of receipt shall not constitute acceptance.

CARRIVO shall review the order and, subject to a positive risk assessment, accept it by sending a contract confirmation by email. In the event of a deviating or negative risk assessment, CARRIVO may submit an adjusted offer to the customer (e.g. requirement of a security deposit, agreement on advance payment, adjustment of the monthly rate or other contractual terms). The contract shall only be concluded once the customer accepts such amended offer and CARRIVO confirms such acceptance by sending a contract confirmation by email.

 

3.4 Security Deposit

 

CARRIVO reserves the right to require a security deposit even after completion of the creditworthiness check and prior to conclusion of the contract.

Whether a security deposit is required and in what amount shall depend on the credit and risk assessment carried out by CARRIVO. Any security deposit must be paid in full prior to handover of the vehicle. CARRIVO shall be entitled to satisfy outstanding claims, claims for damages or other claims arising from the contractual relationship from the security deposit.

Any remaining balance of the security deposit shall generally be refunded within four weeks after termination of the contract. However, CARRIVO shall be entitled to retain the security deposit in whole or in part until final clarification of outstanding claims or damage cases, in particular for as long as expert reports, official investigations, insurance decisions or other assessments remain pending.

 

3.5 Technical Steps Leading to the Conclusion of the Contract and Correction of Input Errors

 

During the booking process, the customer selects the desired services. Once the services have been selected, the customer is guided to further pages by clicking the "Continue" buttons, where the required data can be entered. Following the creditworthiness check, an overview page is displayed on which the customer may review their entries. Input errors (e.g. regarding selected services, contractual data or payment details) may be corrected by using the browser's back button. However, entries made after the step to which the customer returns will be lost. The booking process may be completely cancelled at any time by closing the browser window. By clicking the confirmation button "Submit Binding Order", the customer submits a binding declaration.

 

3.6 Storage of the Contract Text

 

The contractual provisions, including details of the booked services and these General Terms and Conditions (T&Cs), shall be sent to the customer by email together with the contract confirmation. The contractual provisions shall be stored by CARRIVO.

 

3.7 Contract Language

 

The language available for the conclusion of the contract is exclusively German. Translations into other languages are provided for information purposes only. In the event of any discrepancies between the German text and the translation, the German text shall prevail.

 

3.8 Costs Incurred Upon Conclusion of the Contract

 

Upon conclusion of the contract, the vehicle preparation fee displayed during the ordering process shall become due.

4. Right of Withdrawal and Cancellation

 

A statutory right of withdrawal for consumers pursuant to § 355 BGB does not apply in accordance with § 312g Abs. 2 Nr. 9 BGB. The contract concerns the provision of a vehicle for a fixed period (rental agreement with fixed term) without any subsequent purchase obligation or purchase option.

Entrepreneurs do not have a statutory right of withdrawal in any event.

CARRIVO may, in individual cases, grant the customer the option to cancel the contract voluntarily prior to handover of the vehicle. In the event of cancellation, the vehicle preparation fee, which serves to cover costs already incurred (in particular vehicle allocation, logistics and registration), shall not be refundable.

The customer shall remain entitled to prove that CARRIVO has incurred no damage or only significantly lower damage or expense.

Cancellation shall be excluded once the vehicle has been handed over.

5. Provision and Handover

 

CARRIVO shall provide the customer with the vehicle model specified in the contract confirmation with the agreed engine specification and vehicle category.

Minor deviations in equipment, colour or other features that are not essential for the use or value of the vehicle shall not constitute a defect and shall not entitle the customer to withdraw from the contract, terminate the contract or reduce the agreed remuneration.

External soiling resulting from transport, weather conditions or customary logistics processes (e.g. dust, rain marks or splash water traces upon delivery) shall not constitute a defect and shall not entitle the customer to refuse acceptance.

If the originally intended vehicle is unavailable prior to handover for reasons not attributable to CARRIVO (e.g. delivery delays, short-term failure, recall or de-listing by the dealer), CARRIVO shall be entitled to provide the customer with an equivalent or higher-value replacement vehicle of the same category and with comparable basic equipment. Such replacement vehicle shall be deemed contractually compliant provided that it is objectively equivalent. The customer shall be informed thereof without undue delay.

If procurement of the ordered vehicle becomes permanently impossible, in particular because CARRIVO, despite proper ordering, is not supplied by its supplier and CARRIVO is not responsible for the reasons for such non-supply, the obligation to provide the vehicle shall cease.

In such case, the customer's obligation to pay shall also cease. CARRIVO shall reimburse without undue delay any payments already made (e.g. vehicle preparation fee, first monthly instalment or delivery costs).

 

5.1 Appointment Scheduling

 

During the booking process, the customer selects a preferred handover period (hereinafter referred to as the "Preferred Date"). The selected Preferred Date does not constitute a binding handover date but merely indicates from when the customer wishes the vehicle to be made available. CARRIVO intends to make the vehicle available within a period of two weeks from the Preferred Date.

As soon as the vehicle is ready for handover, the customer shall receive a notification with access to a digital calendar through which a specific handover date and time may be selected on a binding basis. Upon such selection, the appointment shall become binding for both parties.

CARRIVO shall subsequently provide the customer with an appointment confirmation stating the binding handover date, the agreed time and the resulting return date. This appointment confirmation serves solely for information and documentation of the agreed dates; it does not affect the contractual term or any other contractual content.

 

5.2 Handover and Delivery

 

The rental vehicle shall only be handed over once the vehicle preparation fee and the first monthly instalment displayed during the ordering process have been received in full by CARRIVO. If a security deposit is additionally required during the ordering process, such deposit must also have been paid in full prior to handover.

If payment is not received in due time, the agreed handover date may be postponed or handover may be refused until full payment has been received.

The rental vehicle shall be handed over exclusively to the Main Driver and at the handover location selected by the customer during the ordering process.

If CARRIVO offers delivery of vehicles, the customer may alternatively select delivery to the official registered address of the Main Driver or, in the case of Business Customers, additionally to the registered office or a place of business of the customer during the ordering process. In such case, the delivery costs displayed during the ordering process shall apply; CARRIVO may request appropriate proof of the specified address where necessary. Deliveries to islands and to other addresses outside the delivery area specified in the order are excluded.

If, after agreement of the handover or delivery appointment, the agreed date or the collection or delivery address is changed, the customer shall bear the service costs in accordance with the version of the "Additional Service Costs" overview valid at the time of the change.

Upon handover of the vehicle, the customer shall generally receive only one vehicle key and the required documents (e.g. a copy of the registration certificate Part I (Zulassungsbescheinigung Teil I, commonly referred to as "Fahrzeugschein"), service booklet). The second key shall remain with CARRIVO or a partner commissioned by CARRIVO for security reasons and is not intended for use by the customer.

 

5.3 Proof at Handover

 

Upon handover, the Main Driver shall present a valid driving licence in the original.

In addition, a valid official photo identification document (identity card, passport or – in the case of third-country nationals – a valid residence permit in conjunction with a passport) must be presented to verify identity. CARRIVO shall be entitled to refuse handover if the required documents are not presented or if there are doubts as to their authenticity.

 

5.4 Handover Protocol

 

CARRIVO or a third party commissioned by CARRIVO shall prepare a handover protocol together with the customer.

The handover protocol shall record the actual condition of the vehicle at the time of handover, in particular any pre-existing visible damage, the mileage, the fuel level or charge level (at least ¼ tank for vehicles with combustion engines and at least 60% charge for battery electric vehicles), as well as the equipment and any additional accessories provided (e.g. vehicle documents, spare wheel, tyre repair kit, charging cable).

The handover protocol shall be created digitally and made available to the customer via the email address stored in the customer account.

The handover protocol shall conclusively document the condition of the vehicle at the time of handover and shall form the basis for the subsequent assessment of wear and tear, damage and diminution in value upon return.

 

5.5 Delay in Handover

 

If the bindingly agreed handover date is exceeded by more than six weeks, the customer may request CARRIVO to hand over the vehicle within a reasonable period of time. Upon such request, CARRIVO shall be in default within the meaning of German law (Verzug). The customer's rights shall be governed by the statutory provisions on default.

 

5.6 Delayed Acceptance or Non-Acceptance by the Customer

 

If the customer fails to schedule an appointment although the vehicle is ready for handover and CARRIVO has requested the customer to select a handover date, CARRIVO shall set the customer a reasonable deadline (at least 7 days) to select an appointment.

If no appointment is scheduled within this period, the day following expiry of the deadline shall be deemed to be the bindingly agreed handover date. In such case, CARRIVO shall be entitled, after expiry of the deadline, to withdraw from the contract and claim damages.

If a bindingly confirmed handover appointment fails for reasons attributable to the customer, in particular due to

• failure to appear,
• significant delay (more than 60 minutes),
• failure to present a valid driving licence and/or identity document in the original,
• failure of timely receipt of the first instalment and/or the vehicle preparation fee,
• insufficient cooperation, or
• refusal to accept the vehicle,

the agreed contractual term shall nevertheless commence on the originally agreed handover date. In addition, if a bindingly agreed handover appointment is not attended, the customer shall pay the additional costs incurred for preparation of the vehicle in accordance with the version of the "Additional Service Costs" overview pursuant to Section 16.2 valid at the time of the appointment. The customer shall remain entitled to prove that CARRIVO has incurred no damage or only lower damage than the stated additional costs.

In such case, the customer shall be obliged to arrange a new appointment with CARRIVO without undue delay.

If handover takes place by delivery to an address specified by the customer, delivery costs shall apply in accordance with the version of the "Costs & Options" overview valid at the time of conclusion of the contract pursuant to Section 16.1. If delivery cannot be completed because the customer or an authorised representative is not present or for other reasons attributable to the customer, additional service costs shall be charged for each further delivery attempt in accordance with the version of the "Service and Additional Costs" overview valid at the time of conclusion of the contract pursuant to Section 16.2. The customer shall remain entitled to prove that CARRIVO has incurred no damage or only lower damage than the stated additional service costs.

CARRIVO may claim liquidated damages of up to 10% of the total remuneration agreed for the contractual term if CARRIVO suffers damage – in particular loss of profit – as a result of non-acceptance.

The customer shall remain entitled to prove that CARRIVO has incurred no damage or only significantly lower damage.

6. Tyres and Tyre Changes

 

The vehicle shall be equipped with seasonally appropriate tyres (summer, winter or all-season tyres) that comply with the statutory road safety requirements.

Where all-season tyres are used, they shall meet the technical requirements currently applicable to winter tyres.

For vehicles equipped with all-season tyres, no seasonal tyre change shall be required.

The customer may, at their own expense, change to alternative tyres (e.g. winter tyres), provided that the originally fitted tyres are reinstalled before return of the vehicle. Any tyre change may only be carried out by a partner workshop authorised by CARRIVO.

If the vehicle is handed over with winter tyres, the customer may additionally receive a set of summer tyres. Such tyres must be delivered within seven calendar days after handover of the vehicle to a partner workshop designated by CARRIVO, which shall arrange for proper storage. If the additional set of tyres is not handed over at the time of vehicle handover, CARRIVO shall arrange delivery of the tyres to the partner workshop at a later time deemed seasonally or logistically appropriate. Independent storage by the customer is not permitted.

Tyre changes may only be carried out by partner workshops designated or authorised by CARRIVO. Any tyre change carried out independently by the customer or by unauthorised third parties is not permitted.

The customer shall independently ensure that the vehicle's tyres comply with the statutory requirements applicable at the place of use (e.g. winter tyre or snow chain requirements in Germany or abroad).

The use of snow chains shall only be permitted where legally allowed or required, where the snow chains are approved for the mounted tyres and where proper installation is ensured. The customer shall bear responsibility for any damage resulting from improper or unauthorised use of snow chains.

7. Vehicle Replacement

 

7.1 Vehicle Replacement by CARRIVO

 

CARRIVO shall be entitled to request return of the vehicle during the contractual term and replace it with a comparable replacement vehicle of the same category and with equivalent basic equipment, if this is necessary due to dealer or manufacturer requirements, returns from leasing agreements, resale, recalls or other operational reasons.

CARRIVO shall generally inform the customer at least two weeks in advance. The customer shall not incur any additional costs as a result of a vehicle replacement initiated by CARRIVO.

The customer shall be obliged to enable such vehicle replacement during normal business hours and to cooperate to a reasonable extent.

If CARRIVO is unable to offer an equivalent or higher-value replacement vehicle and no agreement on an alternative vehicle can be reached, either party may terminate the contract in text form with a notice period of 30 days.

 

7.2 Vehicle Replacement at the Customer's Request

 

If the customer requests a vehicle replacement during the contractual term, this shall require the express approval of CARRIVO. The replacement shall be carried out in accordance with the conditions applicable at the time of the replacement for the respective vehicle offer and subject to the ancillary costs set out in the "Additional Service Costs" overview. To the extent that contractual terms change as a result of the replacement (e.g. vehicle model or monthly rate), a corresponding contractual amendment shall be required. In addition, service costs shall apply in accordance with the version of the "Additional Service Costs" overview valid at the time of the replacement. The provisions set out in Section 5 regarding provision and handover shall apply accordingly.

 

7.3 Temporary Vehicle Replacement

 

If a vehicle replacement is required only on a temporary basis, the provisions on replacement mobility pursuant to Section 14.5 shall apply accordingly.

8. Return

 

The vehicle shall be returned no later than on the last day of the agreed contractual term (return date as stated in the appointment confirmation pursuant to Section 5.1) at the confirmed return location.

Return shall only be deemed to have taken place once CARRIVO or a third party commissioned by CARRIVO has taken actual possession of the vehicle and the vehicle key. Depositing the key in a letterbox shall not constitute return and is not permitted.

 

8.1 Condition of the Vehicle upon Return

 

The vehicle shall be returned in a cleaned condition and with the same fuel or charge level as at handover, but at least with one quarter of the fuel tank (for vehicles with combustion engines) or at least 60% battery charge (for battery electric vehicles), and, where applicable, with AdBlue refilled. External soiling resulting from weather conditions (e.g. rain or slush) occurring on the way from the nearest cleaning facility shall not constitute a breach of the obligation to return the vehicle in a cleaned condition.

Prior to return, the customer shall be obliged to disconnect or log out of all personal user accounts and connected services linked to the vehicle (e.g. Mercedes me, BMW ConnectedDrive, VW We Connect, Jaguar InControl or similar). If such disconnection does not take place, the customer shall be liable for any resulting data protection, economic or security-related consequences to the extent attributable to the customer.

 

8.2 Return Protocol

 

Upon return, CARRIVO or a third party commissioned by CARRIVO shall first carry out a visual inspection of the vehicle. This inspection serves to document any visible damage, signs of wear and tear or other deviations from the contractually agreed condition.

The results of this visual inspection shall be recorded in a return protocol in the same manner as the handover protocol pursuant to Section 5.4 and shall be transmitted to the customer digitally.

The visual inspection is subject to the limitation that it only covers damage visible at the time of return. If the inspection is restricted due to external circumstances (e.g. soiling, snow or ice deposits, darkness or adverse weather conditions), this shall be noted in the return protocol.

 

8.3 Wear and Tear

 

The customer shall not be liable for changes or deterioration of the vehicle resulting from use in accordance with the contract (normal wear and tear within the meaning of § 538 BGB).

To provide guidance for the objective distinction between contractual wear and tear and damage requiring repair, CARRIVO provides a damage catalogue which is available online. The damage catalogue contains exemplary descriptions of typical signs of wear and damage and forms part of the contractual relationship.

 

8.4 Inspection and Subsequently Identified Damage

 

In addition to the visual inspection, a detailed inspection of the vehicle shall subsequently be carried out by an independent expert. The inspection shall be conducted in accordance with the recognised principles of fair vehicle assessment. The damage catalogue provided by CARRIVO serves as guidance in this respect and forms part of the contractual relationship; it is accessible online at all times. The expert report shall constitute the binding basis for determining any diminution in value, damage or consequential costs and thus for the final settlement with the customer.

If, during the inspection, damage is identified that was not visible at the time of return due to restricted visibility and/or that was marked as "subject to reservation" in the original protocol, CARRIVO may notify the customer of such damage within seven calendar days after completion of the inspection.

The customer may raise objections within seven calendar days after receipt of the damage notification and may submit evidence demonstrating that the identified damage was not present at the time of return or was not attributable to the customer.

At the customer's own expense, the customer may obtain a supplementary counter-expert report from a publicly appointed and sworn expert (öffentlich bestellter und vereidigter Sachverständiger) if the customer disputes the assessments, diminution in value or repair costs stated in the initial expert report. For this purpose, CARRIVO shall, to the extent technically and logistically possible, allow inspection of the vehicle at the location where it is situated at the time the counter-expert report is commissioned. The counter-expert report must be commissioned within seven calendar days after receipt of the damage notification and carried out without undue delay. CARRIVO shall duly consider a counter-expert report prepared within the applicable deadline in the final settlement.

If no objections are raised within the aforementioned deadlines, the damage notification and the findings contained therein shall be deemed accepted.

 

8.5 Late, Incomplete or Non-Return

 

Late return shall result in compensation for use and – insofar as CARRIVO has suffered damage as a result – additional costs in accordance with the version of the "Additional Service Costs" overview pursuant to Section 16.2 or further claims for damages.

For missing, damaged or late-returned vehicle parts, accessories or equipment (e.g. tyres, rims, seats, covers, remote controls, charging cables or on-board tools), CARRIVO may claim reimbursement of the replacement costs or the diminution in value determined by expert report. Subsequent return of such items after acceptance of the vehicle shall not constitute proper return. In addition, CARRIVO may claim any transport, shipping or handling costs arising from delayed return. For this purpose, CARRIVO shall charge the customer a flat fee as set out in the version of the "Additional Service Costs" overview valid at the time of the claim.

Furthermore, if the vehicle is returned with a lower fuel or charge level, without required AdBlue or other operating fluids, or not in a cleaned condition, additional costs may be charged in accordance with the version of the "Additional Service Costs" overview pursuant to Section 16.2.

If the vehicle is returned at a location other than the contractually agreed return location for reasons attributable to the customer, or if CARRIVO can only regain direct possession of the vehicle at another location, CARRIVO shall be entitled to claim the costs incurred in accordance with the statutory provisions. For this purpose, CARRIVO shall charge the customer a flat fee as set out in the version of the "Additional Service Costs" overview valid at the time of the claim.

If return of the vehicle has become impossible for the customer (e.g. due to theft), the customer shall inform CARRIVO without undue delay and document the circumstances accordingly.

With regard to the aforementioned additional costs pursuant to the applicable version of the "Additional Service Costs" overview, the customer shall remain entitled to prove that CARRIVO has incurred no damage or only lower damage than the stated additional costs.

 

8.6 Other Return Provisions

 

No refund or offsetting of unused kilometres from the agreed mileage package shall be permitted. Excess kilometres shall be charged in accordance with the contract confirmation.

If, after return of the rental vehicle, items remain in the vehicle, CARRIVO shall inform the customer using the contact details provided by the customer.

9. General Obligations of the Customer

 

9.1 Duty of Care

 

The customer shall ensure that the rental vehicle is handled with due care and used only in accordance with its intended purpose. In particular, the vehicle may only be driven in a roadworthy condition.

The customer shall regularly check the levels of operating fluids (fuel, oil, AdBlue, windscreen washer fluid with antifreeze, coolant, brake fluid and others) as well as the battery charge in the case of electric vehicles, and refill them at their own expense where necessary.

The customer shall further ensure that the condition of the tyres (tread depth, tyre pressure, visible damage) is regularly checked.

The vehicle must not be used if maintenance or warning indicators signal a safety-relevant impairment according to the vehicle's operating manual or if identifiable damage affects the functionality of safety-relevant equipment such as lighting, signalling devices or other systems.

The customer shall ensure that all drivers registered under the contract are informed of these obligations and comply with them.

 

9.2 Information and Notification Obligations

 

Upon request, the customer shall provide CARRIVO without undue delay with information as to who was driving the vehicle at a specific time, insofar as this is necessary to clarify breaches of contract or traffic violations.

The customer shall inform CARRIVO without undue delay of any changes to data relevant to the contractual relationship. This includes, in particular:

• name or company name,
• residential or business address, as well as email address and telephone number,
• bank details or payment method used,
• any significant deterioration in financial circumstances that may jeopardise fulfilment of the contractual obligations (e.g. impending or actual insolvency, account or card suspension, filing for insolvency).

 

9.3 Cooperation Obligations

 

The customer shall be obliged to cooperate appropriately if presentation or temporary surrender of the vehicle is required in order to ensure roadworthiness, traffic safety, manufacturer warranty or preservation of value (e.g. repair work, maintenance, inspections, recall campaigns) as well as legally required inspections – in particular the general inspection (Hauptuntersuchung – HU) and emissions inspection (Abgasuntersuchung – AU). If the customer culpably fails to do so, the customer shall bear any resulting damage.

If there are specific indications of improper use, in particular of damage, the customer shall, upon request, inform CARRIVO of the vehicle's location and enable inspection during normal business hours.

10. Repairs, Maintenance and Servicing Measures

 

The customer shall ensure compliance with all prescribed maintenance and service intervals as well as any other manufacturer requirements.

Necessary maintenance and servicing work (e.g. scheduled servicing, general inspection), tyre changes, warranty services or repairs following accidents may only be carried out by specialist workshops designated by CARRIVO. CARRIVO shall provide the customer with the necessary documentation for this purpose. The customer shall cooperate to a reasonable extent to ensure that such work is carried out without undue delay.

The costs of maintenance and servicing work, normal wear-and-tear repairs and repairs required due to a material defect for which CARRIVO is responsible shall be borne by CARRIVO.

Normal wear and tear shall be deemed to exist if it corresponds to the customary use and intended mileage of the vehicle. Excessive or extraordinary wear shall in particular be deemed to exist if components such as tyres or brakes must be replaced significantly earlier than usual or if damage results from improper use.

If additional inspection or maintenance becomes necessary due to excessive use, exceeding the agreed mileage or other operational strain, the customer shall bear the resulting costs to the extent attributable to the customer.

Furthermore, the customer shall bear the costs of damage or repairs resulting from improper use, prohibited use or culpable breach of obligations, for example:

• failure to observe warning indicators or failure to refill oil, AdBlue or other operating fluids,
• damage resulting from violations of traffic regulations or overloading,
• mechanical damage caused by incorrect handling or lack of due care,
• damage to rims resulting from contact with kerbs, potholes, obstacles or other objects, in particular during driving, manoeuvring or parking.

To the extent that a manufacturer warranty, insurance coverage or an additional option applies, the customer's obligation to bear costs pursuant to the above paragraphs shall be excluded.

11. Loss of Keys

 

The customer shall inform CARRIVO without undue delay of any loss of a vehicle key. CARRIVO shall arrange for the ordering and programming of a replacement key.

The customer shall bear all resulting costs, including the costs of ordering, programming, transport, shipping or necessary security measures (e.g. replacement of locking systems), insofar as the loss is attributable to the customer. For this purpose, CARRIVO shall charge the customer a flat fee as set out in the version of the "Additional Service Costs" overview valid at the time of the claim. The customer shall remain entitled to prove that CARRIVO has incurred no damage or only lower damage than the stated flat fee.

The customer shall not be entitled to a reduction of the rental fee or to replacement mobility, provided that CARRIVO supplies a replacement key within a reasonable period of time and thereby restores usability of the vehicle.

A period shall generally be deemed reasonable if it corresponds to the time typically required by manufacturers, authorised workshops and transport or shipping service providers for production, programming and delivery of a replacement key.

As a rule, CARRIVO shall hand over only one vehicle key to the customer. The second key shall remain with CARRIVO or a commissioned partner for security reasons and is not intended to be sent to or used by the customer. The customer shall have no claim to provision or dispatch of the second key.

12. Loss of Driving Licence

 

If the Main Driver or a registered Additional Driver loses their driving licence or if it is revoked, such person shall not be authorised to drive the rental vehicle for the duration of the loss or withdrawal. The same shall apply in the event of a driving ban.

The customer shall inform CARRIVO without undue delay of any driving ban as well as any revocation, restriction or temporary confiscation or seizure of the driving licence of a Main Driver or Additional Driver.

After the driving ban has expired and/or the driving licence has been reissued, the rental vehicle may only be driven again once possession of a valid driving licence has been successfully verified again through the digital verification process via the website.

Temporary loss or withdrawal of the driving licence shall not constitute good cause for extraordinary termination by the customer. The customer's obligations under the rental agreement – in particular the obligation to pay the agreed instalments – shall remain unaffected.

13. Prohibited Uses

 

The vehicle may in particular not be used for the following purposes or in the following manner:

• subletting or making the vehicle available to drivers who are not registered. This restriction shall not apply in cases where the driver is temporarily unable to drive the vehicle for reasons not attributable to them (e.g. medical emergencies), provided that no other registered driver is present and the substitute driver holds a valid driving licence.
• committing unlawful or criminal acts.
• participation in motorsport events, vehicle testing, driver safety training, car convoys, road parades or demonstrations.
• commercial or paid passenger transport (e.g. taxi, Uber, Bolt) as well as use for delivery services or comparable commercial purposes.
• transport of highly flammable, toxic or otherwise hazardous substances – except for goods for everyday use, such as nail polish, plant fertiliser, cleaning agents or similar items in household quantities.
• technical or visual modifications to the interior or exterior of the vehicle (e.g. affixing stickers or advertising) without prior approval by CARRIVO, unless there is a legal obligation to affix stickers, such as toll stickers or similar.
• manipulation of technical systems, control units or the vehicle software – in particular the odometer or performance or emissions parameters.
• use for driving instruction, pushing or towing services.
• use in a non-roadworthy condition, in particular in the event of damage, when maintenance or warning indicators are illuminated or in the case of safety-relevant manufacturer recalls, without prior approval by CARRIVO.
• transport of the vehicle on ships, trains, trucks or aircraft, unless this constitutes customary transport as part of the customer's journey (e.g. car ferry). In particular, any transport of the vehicle as freight, in containers or for export purposes without prior express approval by CARRIVO is prohibited.
• movement within fenced areas of ports, airports, airfields or similar non-public facilities as well as within fenced areas or facilities of refineries and oil companies, without prior written approval by CARRIVO.
• off-road driving or driving on unpaved roads, paths or terrain not intended for such use.
• use in car washes or automated wash systems where, due to the vehicle's dimensions or specific features, there is a risk of damage. Whether a vehicle is unsuitable for car washes is generally indicated in the respective operating manual. In case of doubt, the operator of the car wash must be consulted prior to use, in particular for vehicles with factory-installed add-on parts (e.g. rear spoiler, roof antenna or widened body components).
• transport of animals outside suitable transport boxes or without adequate securing.
• driving under the influence of alcohol, narcotics within the meaning of the German Narcotics Act (Betäubungsmittelgesetz) or other intoxicating substances. The same shall apply when taking medication that may impair the ability to drive. In particular, the vehicle must not be driven if the driver exceeds the applicable statutory limit for blood alcohol or breath alcohol concentration.
• smoking or vaping inside the vehicle.

14. Damage Reporting and Claims Handling

 

14.1 Reporting Obligations and Immediate Measures

 

After any accident, theft, fire, wildlife collision or other damage – irrespective of whether third parties are involved or of the amount of damage – the customer shall be obliged to:

• inform CARRIVO without undue delay and coordinate any further use of the vehicle,
• notify the police without undue delay; if the police refuse to record the incident, the customer shall note the date, time, police station and – where possible – the name of the officer and provide this information to CARRIVO,
• record in writing the names and details of all parties involved, licence plate numbers, insurance information and witnesses,
• report the damage fully and truthfully via the designated online form at www.carrivo.com/en-de/kontakt.

If digital or telephone notification is not possible for technical or factual reasons (e.g. no network connection), the customer shall otherwise document the damage and submit the report to CARRIVO via the designated online form at www.carrivo.com/en-de/kontakt no later than two days after the event.

In the event of theft, the customer shall immediately surrender the vehicle keys and vehicle documents to the police or at the registered office of CARRIVO.

If timely notification is temporarily impossible for reasons not attributable to the customer (e.g. injury or hospitalisation), the notification shall be made without undue delay after the impediment ceases to exist.

 

14.2 Conduct of the Customer After Occurrence of Damage

 

The customer shall not be entitled to make any admission of liability, agree to settlements concerning claims for damages asserted by or against CARRIVO or the customer, or commission towing or repair services without the prior approval of CARRIVO.

 

14.3 Claims Handling and Cooperation Obligations

 

The organisation of vehicle recovery, towing services or other necessary measures shall in principle be the responsibility of CARRIVO or a third party commissioned by CARRIVO. The customer shall cooperate to a reasonable extent, in particular by reporting the damage without undue delay and complying with the instructions of CARRIVO or the insurer.

In the event of damage, the customer shall take all reasonable measures to mitigate the damage and support clarification of the circumstances of the incident. Upon request, the customer shall provide CARRIVO and the service providers commissioned by CARRIVO with all necessary and reasonable documentation required for claims clarification, answer enquiries truthfully and enable inspection of the vehicle. In the event of damage occurring abroad, the competent police authority in Germany must additionally be notified alongside the local police.

In the event of vehicle breakdowns resulting from accidents or other damage events, CARRIVO shall not bear any costs for accommodation, return travel or other consequential expenses incurred by the customer. Any claims of the customer may arise exclusively from existing manufacturer mobility guarantees, insurance coverage or additional options expressly confirmed by CARRIVO.

 

14.4 Breakdown Assistance

 

In the event of a breakdown, technical defect or other failure of the vehicle not attributable to the customer (hereinafter referred to as a "Breakdown"), the customer shall be obliged to contact the manufacturer's roadside assistance applicable to the vehicle without undue delay and make use of the measures provided therein. The customer shall inform CARRIVO without undue delay – via the online form at www.carrivo.com/en-de/kontakt or by telephone – and keep CARRIVO informed about the status of the assistance services.

If, in the specific case, the manufacturer's roadside assistance or roadside cover does not provide assistance or if the services provided are insufficient, CARRIVO may support the customer in organising further measures. The customer shall have no claim to independent provision of services by CARRIVO.

Breakdown assistance services shall only be free of charge for the customer if the cause of the Breakdown does not fall within the customer's sphere of responsibility. Otherwise, the customer shall bear the costs of all Breakdown assistance services insofar as such costs are not covered by the manufacturer's roadside assistance, roadside cover or an additional option offered by CARRIVO.

A Breakdown shall be deemed to fall within the customer's sphere of responsibility

a) if it was caused by the customer or a Driver, in particular through

• improper use,
• breach of contractual or statutory obligations,
• accident or other external impact,
• failure to refuel or recharge the vehicle,
• misfuelling or incorrect charging,
• loss or damage of vehicle keys,

b) or if a usage-related risk typically borne by the customer has materialised, in particular

• tyre damage caused by foreign objects (e.g. nails, shards of glass) or kerb contact,
• damage caused by animal bites (e.g. martens).

If Breakdown assistance is organised by CARRIVO at the customer's request although the Breakdown falls within the customer's sphere of responsibility and the costs are not covered by manufacturer roadside assistance, roadside cover or an additional option offered by CARRIVO, CARRIVO shall charge service costs in accordance with the version of the "Additional Service Costs" overview valid at the time of the service.

 

14.5 Replacement Mobility

 

The customer shall have no claim to replacement mobility provided by CARRIVO.

Replacement mobility shall mean the temporary provision of a replacement vehicle or comparable means of transport if the originally provided vehicle cannot be used temporarily due to damage, defect or repair.

In warranty cases, the manufacturer may provide the customer with a replacement vehicle, subject to availability. If a workshop or other third party provides the customer with a replacement vehicle in connection with repair or warranty services, use of such vehicle shall be governed by the terms and conditions of the respective provider. Any costs arising in this connection shall be borne by the customer.

15. Liability and Insurance

 

15.1 Liability of the Customer; Insurance

 

The customer shall in principle be liable for all damage attributable to the customer or to a Driver, unless otherwise provided in these T&Cs. In particular, the customer shall be liable where the damage results from a breach of contractual obligations (e.g. notification or reporting obligations). Otherwise, the customer shall be liable in accordance with the statutory provisions.

 

15.1.1 Insurance Cover and Excess

 

Each rental vehicle is covered by mandatory motor vehicle liability insurance in accordance with the statutory minimum coverage amounts applicable in Germany (§ 4 PflVG). In addition, CARRIVO provides insurance cover for the customer in line with the model of fully comprehensive insurance (Vollkaskoversicherung), including partial coverage (Teilkasko), with the excess per damage event specified during the ordering process.

The excess shall apply to each individual damage event, irrespective of whether multiple damages occur during the contractual term.

A reduction of the excess may be agreed as an option against payment of the costs specified in the "Costs & Options" overview pursuant to Section 16.1; such reduction shall only apply if it has been actively selected by the customer prior to conclusion of the contract.

 

15.1.2 Prohibited Use, Intent and Gross Negligence

 

In the event of prohibited use as well as in cases of intent or gross negligence, the customer shall be fully liable for all damage attributable to the customer or a Driver insofar as such damage is not covered by the fully comprehensive insurance.

Gross negligence shall in particular be deemed to exist if the Driver operates the vehicle under the influence of alcohol or drugs, uses the vehicle contrary to the permitted use, fails to secure any load or secures it insufficiently, or unlawfully leaves the scene of an accident.

 

15.1.3 Damage Caused by Third Parties; Usage-Related Risks

 

In the case of damage caused by third parties (e.g. vandalism), the customer shall only be liable to the extent that contributory fault is attributable to the customer (e.g. delayed reporting of damage, improper securing of the vehicle).

In the case of damage resulting from usage-related risks (e.g. tyre damage caused by foreign objects or damage caused by animal bites), the customer shall only be liable to the extent that such damage is attributable to the customer and is not covered by a manufacturer warranty, insurance coverage or an additional option offered by CARRIVO.

 

15.1.4 Administrative Offences and Authority Inquiries

 

The customer shall be fully liable for all violations of traffic regulations, tax laws, environmental regulations, administrative provisions or other statutory provisions committed during the rental period, insofar as such violations are culpably caused by the customer or a Driver.

As the registered keeper of the vehicle, CARRIVO is legally obliged to respond to inquiries from investigative or administrative authorities and to provide the necessary keeper or driver data. The customer shall indemnify CARRIVO against all fines, warnings, fees and other costs imposed by authorities or other third parties as a result of such violations.

The customer shall be obliged to pay all toll charges in full and on time and shall indemnify CARRIVO against any related claims and costs asserted by authorities or other entities against CARRIVO.

 

15.2 Liability of CARRIVO

 

Unless otherwise provided in these T&Cs, CARRIVO shall be liable exclusively in accordance with the following provisions.

CARRIVO shall have unlimited liability for intent, gross negligence and for injury to life, body or health.

In cases of slight negligence, CARRIVO shall only be liable if a material contractual obligation (Kardinalpflicht) is breached. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. In such case, liability shall be limited to the foreseeable damage typical for the contract.

Any further liability for slight negligence shall be excluded. This shall apply in particular to indirect damage, such as loss of profit, loss of use or missed business opportunities.

Mandatory liability under the German Product Liability Act (Produkthaftungsgesetz) and any other mandatory statutory liability shall remain unaffected.

The above limitations of liability shall apply equally in favour of the legal representatives, employees and vicarious agents (Erfüllungsgehilfen) of CARRIVO.

16. Costs and Payments

 

16.1 "Costs & Options" Overview

 

The version of the "Costs & Options" overview valid at the time of booking shall form part of the contract concluded between CARRIVO and the customer.

The "Costs & Options" overview sets out all costs charged by CARRIVO, in particular the vehicle preparation fee, costs for optional services (e.g. Additional Driver, Comfort Protection) and surcharges for special circumstances (e.g. driving licence held for less than 3 or 5 years).

The "Costs & Options" overview shall be made available to the customer during the ordering process in the version valid at that time and shall be accessible online at any time. Amendments to the "Costs & Options" overview shall apply exclusively to bookings (vehicle and options) made after publication of the amended version.

 

16.2 "Additional Service Costs" Overview

 

The version of the "Additional Service Costs" overview valid at the time of booking shall also form part of the contract concluded between CARRIVO and the customer.

The "Additional Service Costs" overview sets out all additional service costs charged by CARRIVO which arise in the event of breaches of contractual obligations and/or additional effort incurred in the performance and settlement of the contract.

The "Additional Service Costs" overview shall be made available to the customer during the ordering process in the version valid at that time and shall be accessible online. Amendments to the "Additional Service Costs" overview shall apply exclusively to bookings (vehicle and options) made after publication of the amended version.

Where the stated additional costs constitute liquidated damages, the customer shall remain entitled to prove that CARRIVO has incurred no damage or only lower damage than the stated additional costs.

 

16.3 Payments

 

16.3.1 Due Date

 

The vehicle preparation fee shall become due upon conclusion of the contract and, together with the first monthly instalment, must be received in full by CARRIVO prior to handover of the vehicle. All subsequent monthly instalments shall become due on the renewal date. The renewal date corresponds to the calendar day of the relevant start of the contractual term / handover pursuant to Section 5.2 (example: start of term / handover on 08 September; renewal date on the 8th of each subsequent month).

One-time or variable costs, in particular costs pursuant to the "Additional Service Costs" overview, claims for damages, costs arising from official measures and other payments not regularly due shall become payable upon invoicing.

 

16.3.2 Payment Method

 

Payments shall be made using the payment methods offered during the ordering process.

CARRIVO reserves the right to expand or restrict the available payment methods at any time. In such case, CARRIVO shall inform the customer in due time, at least two weeks prior to any adjustment of the payment methods.

All payments arising during the contractual term, as well as any refunds, shall in principle be processed using the payment method selected at the time of conclusion of the contract. A change of payment method during the contractual term shall only be possible with the approval of CARRIVO. This shall not apply to changes necessary to maintain a valid payment method (e.g. card expiry or change of bank account).

Different payment arrangements may be agreed with Business Customers.

 

16.3.3 Payment Delays

 

Payment delays resulting from the use of certain payment methods (e.g. bank transfers or external payment service providers) shall be at the customer's risk. CARRIVO shall issue the relevant invoices sufficiently in advance to ensure that the customer has adequate time to make payment by the due date.

17. Vouchers and Discount Codes

 

Vouchers or discount codes issued by CARRIVO may only be redeemed during the ordering process via the website. Cash payment, accrual of interest or retroactive application to contracts already concluded shall be excluded. Vouchers shall not be transferable unless expressly stated otherwise.

Value vouchers purchased from CARRIVO against payment or issued as a gesture of goodwill may be redeemed within the statutory limitation period of three years from the date of issue, unless a longer validity period is specified on the voucher. Discount codes and other vouchers issued free of charge by CARRIVO as part of time-limited promotions or marketing campaigns shall only be valid during the respective promotional period indicated.

CARRIVO reserves the right to make redemption of vouchers and discount codes subject to certain conditions, such as a minimum contract value or a specific vehicle category. Combination of multiple vouchers or discount codes shall only be permitted if expressly stated in the individual case.

CARRIVO further reserves the right to refuse redemption in cases of abusive use or unlawful acquisition. In the event of withdrawal or early termination of the contract, any redeemed voucher or discount code shall expire; no claim for reimbursement shall arise.

18. Assignment, Set-Off and Right of Retention

 

CARRIVO shall be entitled to assign claims arising from this contractual relationship, in whole or in part, to third parties, in particular for the purpose of payment processing, debt collection or within corporate group structures. The customer shall be informed thereof in an appropriate manner. The assignment shall not affect the customer's contractual rights.

The customer may only set off claims against CARRIVO that are undisputed or have been finally determined by a court of law.

CARRIVO shall be entitled to set off its own claims against claims of the customer irrespective of the legal basis.

The customer may exercise a right of retention only insofar as the customer's claim arises from the same contractual relationship.

19. Term and Termination

 

19.1 Term

 

The term of the rental agreement shall be determined by the respective contract confirmation. It shall commence on the bindingly confirmed handover date pursuant to Section 5.1 and shall end automatically upon expiry of the agreed contractual term and return of the vehicle pursuant to Section 8, without the need for termination. No tacit extension or automatic renewal of the contractual relationship shall take place.

If actual handover of the vehicle is delayed for reasons attributable to the customer, the confirmed handover date shall remain decisive for commencement of the term. If handover is delayed for reasons attributable to CARRIVO, commencement of the term shall be postponed accordingly; the customer shall be informed without undue delay and shall receive an updated contract confirmation.

If the customer fails to return the vehicle on time, the customer shall remain obliged to pay compensation for use pursuant to § 546a BGB and to fulfil all contractual obligations until actual return.

 

19.2 Termination

 

19.2.1 Ordinary Termination

 

Ordinary termination during the fixed contractual term shall be excluded. Early return of the vehicle shall not terminate the contract unless CARRIVO and the customer expressly agree in text form to an early termination of the contract.

In the event of a failed vehicle replacement pursuant to Section 7.1, either party may terminate the contract in text form with a notice period of 30 days.

 

19.2.2 Extraordinary Termination by CARRIVO

 

CARRIVO shall be entitled to extraordinary termination if good cause exists. Good cause shall generally be deemed to exist if the customer materially breaches a contractual obligation and CARRIVO cannot reasonably be expected to continue the contractual relationship.

Prior to declaring extraordinary termination, CARRIVO shall be obliged to issue a warning to the customer or set a reasonable deadline for remedy. A warning or deadline shall not be required in cases where this is not necessary under statutory provisions.

The assertion of claims for damages by CARRIVO in the event of extraordinary termination shall remain unaffected, in particular with regard to loss of rental income until the regular end of the contract. The customer shall remain entitled to prove that the damage is lower.

 

19.2.3 Extraordinary Termination by the Customer

 

The customer shall also be entitled to extraordinary termination if good cause exists. Good cause shall generally be deemed to exist if CARRIVO materially breaches its contractual obligations and the customer cannot reasonably be expected to continue the contract until its regular end.

Prior to declaring extraordinary termination, the customer shall issue a warning to CARRIVO or set a reasonable deadline for remedy.

Statutory termination rights, in particular the right of termination for good cause pursuant to § 314 BGB, shall remain unaffected.

20. Data Protection

 

Details regarding the type, scope and purpose of data processing as well as the service providers engaged can be found in the current Privacy Policy available at www.carrivo.com/en-de/datenschutz.

The customer acknowledges that data from telematics systems installed in the vehicle (systems integrated in the vehicle for the transmission of data such as location, mileage, technical condition, etc.) may be processed for security, service, billing and contractual purposes.

21. Transfer of Contract

 

CARRIVO shall be entitled to transfer the contract together with all associated rights and obligations to another company – in particular to an affiliated company – provided that this does not result in a reduction of security for the customer.

22. Jurisdiction and Final Provisions

 

For contracts concluded with consumers, the statutory places of jurisdiction shall apply. If the customer is an entrepreneur within the meaning of § 14 BGB, the registered office of CARRIVO (Bremen) shall be agreed as the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract.

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Should any provision of these T&Cs be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the statutory provision that most closely reflects the economic purpose of the invalid provision shall apply.

Amendments and supplements to this contract, including these T&Cs, shall at least require text form, unless a stricter form is required by law.

CARRIVO is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.