1.1 Caroo Mobility GmbH, Siebenbrunnengasse 17/7, 1050 Vienna, Austria (corporate registry number (Firmenbuchnummer) FN 475722 t (hereinafter referred to as "Eloop") operates the Eloop car sharing programme. Eloop leases electric-powered vehicles ("Vehicles") to registered users ("Users") within a defined home area, subject to availability.
1.2 These General Terms and Conditions ("GTCs") form an integral part of the "Master Agreement" which governs the relationship between Eloop and the User, under which Vehicles may be leased by a User under an "Individual Lease Agreement".
1.3 Eloop reserves the right to reject the registration of a User if there is reason for Eloop to assume that the User will not act in accordance with the Master Agreement.
1.4 Eloop expressly reserves the right to make amendments to these GTCs at any time. Any amendments shall be announced to the User by email (using the email address registered by the User), by publication on the Eloop website (www.eloop.to) ("Website") and on the Eloop mobile application ("App"). These changes shall be deemed approved if the User does not object to them to Eloop in writing (e.g. letter or email) within 1 (one) month of the announcement of the respective change, whereby these changes shall enter into force. Eloop shall remind the User of this right to object in such announcement of amendments. For the objection to be deemed made in time, the dispatch date shall be decisive.
1.5 The Master Agreement and any Individual Lease Agreements concluded between Eloop and the User are concluded in the German language. An English language version of these GTCs is provided as a convenience translation. In the event of any conflict between the German language and the English language versions of the GTCs, the German language version shall prevail.
1.6 Headings and titles used in these GTCs are for convenience only and do not affect the interpretation of these GTCs. Reference to any law includes any amendment to, consolidation, re-enactment or replacement of such law.
2.1 An individual may become a User by entering into the Master Agreement.
2.2 In order to conclude a Master Agreement, an individual must:
2.2.1 have reached a minimum age of 18 (eighteen) years; and
2.2.2 hold a valid driver's license from a country listed on the Eloop website at www.eloop.to/driverslicences for passenger vehicles (i.e.
European Union driver´s licence category B or equivalent) for at least 1 (one) year.
2.3 The Master Agreement is concluded using the App, specifically:
2.3.1 the User shall enter a valid email address;
2.3.2 the User shall enter a password which meets criteria specified by the App;
2.3.3 the User shall take a photograph of the User´s driver´s licence using the mobile phone camera;
2.3.4 the User shall take a photograph of his/her own face using the mobile phone's in-built camera (i.e. a selfie);
2.3.5 the User shall enter the User´s mobile phone number and confirm this by entering a code received by SMS to that number;
2.3.6 the User shall be given the opportunity to read these GTCs and must confirm the User´s acceptance of these GTCs;
2.3.7 the User shall enter the User´s credit card details and making a payment of the registration fee, as set out in the Eloop Fee Policy
(as defined in clause 9.2) (this shall constitute the offer from the User); and
2.3.8 Eloop shall verify the above information and, if the information is verified as correct the fee is paid, Eloop shall approve the User´s
registration (this shall constitute Eloop´s acceptance of the User´s offer).
If the above information is not verified as correct by Eloop, the User´s offer shall not be accepted, and any payment made shall be refunded to the User. The User may restart the registration process, and Eloop may directly contact the User to support the User during this process.
2.4 An individual can only register once with Eloop.
2.5 The User must keep personal data and credit card data up to date. Eloop has the right to suspend the User´s ability to conclude an Individual Lease Agreement if the User´s personal data and credit card data is incorrect or has expired.
2.6 If the User´s driver's license is withdrawn or lost, or if the User receives a driving ban, the User must notify Eloop immediately in writing. Eloop shall immediately suspend the User´s right to conclude Individual Lease Agreements for the duration of the withdrawal, loss or driving ban. A breach of this provision shall give Eloop the right to terminate the Master Agreement under clause 14.3.6.
2.7 In order to ensure the validity of the User´s driver´s licence throughout the term of the Master Agreement, Eloop has, from time to time, the right to request the User to verify his/her driving licence in accordance with clauses 2.3.3 and 2.3.4.
3.1 In order to use the App, the User must have a mobile phone that is compatible with the technical requirements of the App. When the App is downloaded, the mobile phone system automatically checks whether the mobile phone is compatible with such requirements, whereby Eloop does not guarantee such compatibility.
3.2 The User shall personally provide mobile data communication for the App and shall exclusively cover any data transmission costs (including, where appropriate, foreign data roaming costs) which become payable to the User´s mobile service provider. It is the sole responsibility of the User to inform himself/herself of such data transmission costs prior to downloading and using the App, whereby such costs may vary during the term of the Master Agreement.
3.3 It is prohibited for the User to read out, copy or manipulate the App, or to replicate the App or any function thereof, by means of information technology in order to lease or use a Vehicle in any way, or to help another person to do the same. A breach of this clause will entitle Eloop to terminate the Master Agreement, and the User shall bear the costs of any damage resulting from such breach, if any.
3.4 The User recognises that the App is the sole means of concluding and terminating the Individual Lease Agreement. The User is solely responsible for ensuring that his/her mobile phone is sufficient charged to conclude and terminate an Individual Lease Agreement.
3.5 The User shall report a loss, theft or the destruction of a mobile phone on which the App has been installed to Eloop without undue delay (using the contact details in clause 1.1) to enable Eloop to block the User´s account and prevent misuse. During this time, the User shall not be able to conclude an Individual Lease Agreement. The User shall be informed by email that the account has been blocked and shall receive a link from Eloop to reset his/her password and unblock the account.
3.6 During the registration process, the User shall create a password to access confidential information and functions on the Website and App (e.g. finding and reserving Vehicles, viewing invoices, viewing and changing personal data).
3.7 The User must keep the password strictly confidential and protect them from access by any third party. The User must not note or store the password on the mobile phone on which the App is installed or any medium to which third parties have easy access. The User must change the password immediately if there is reason to assume that it might have been disclosed to any third party. A breach of this provision shall give Eloop the right to terminate the Master Agreement under clause 14.3.8.
3.8 The User shall be liable for any damage caused by a breach of clauses 3.5 and 3.7, in particular if a theft, damage or misuse of a Vehicle became possible as a result of such loss.
4.1 Only a User may reserve and lease a Vehicle. The User may not conclude multiple Individual Lease Agreements at the same time.
4.2 Only Vehicles which are marked as "free" on the App or Website may be reserved and leased.
4.3 Eloop offers two categories of Vehicles:
4.3.1 those primarily designed to transport people and luggage ("Passenger Cars"); and
4.3.2 those primarily designed to transport large and heavy goods ("Transporters"),
whereby all references to Vehicles in these GTCs shall apply equally to both Passenger Cars and Transporters equally.
4.4 A User may reserve a Vehicle free of charge via the App for a maximum of (i) 15 (fifteen) minutes for Passenger Cars, and (ii) 30 (thirty) minutes for Transporters. This reservation time cannot be extended. Once expired, the User cannot reserve the same Vehicle again within a 30 (thirty) minute period. Eloop has the right to reject the reservation if the selected Vehicle is not available to meet the User´s reservation request. Eloop does not assume any liability for problems incurred by the User in reserving the Vehicle. For the avoidance of doubt, the reservation of a Vehicle prevents other Users from reserving and leasing the Vehicle during the reservation time, during which the User may enter into an Individual Lease Agreement.
4.5 There may be a deviation between the actual and the indicated location of the Vehicle due to inaccuracies of the GPS signal. Eloop does not assume any liability for such inaccuracies or the inability of the User to find the Vehicle.
4.6 Before entering into an Individual Lease Agreement, the User must confirm that they have sufficient credit available on their credit card. If, after terminating the Individual Lease, it is determined that there is insufficient credit to pay, they may be liable for any fees to claim the amount outstanding in accordance with clause 9.12.
4.7 An Individual Lease Agreement for the use of a Vehicle shall be concluded between Eloop and the User as follows:
4.7.1 the User shall select and reserve a Vehicle in the App;
4.7.2 when in the proximity of the Vehicle, the User shall send a request using the App to start the lease of the Vehicle;
4.7.3 the App will verify the status of the Vehicle and the User and will show the applicable Lease Tariff (as defined in clause 9.1.1). This
shall constitute the offer from Eloop; and
4.7.4 the User shall click the button in the App to accept the Lease Tariff, which will unlock the doors. This shall constitute the User´s
acceptance of Eloop's offer and the entry into force of an Individual Lease Agreement.
Pursuant to clause 9.1, the Lease Fee will start to be incurred immediately upon the User unlocking the Vehicle's doors.
4.8 After unlocking the Vehicle's doors but before starting the motor and driving off, the User must check the Vehicle for any visible defect, damage, or gross soiling, whereby:
4.8.1 if there is a minor defect, damage or gross soiling, the User must report these immediately to Eloop via the App or by telephone;
4.8.2 if there is a serious defect, damage or gross soiling, the User must report this immediately to Eloop by telephone, detailing the
nature and seriousness of the defect, damage or soiling.
If the User fails to notify any defect, damage or gross soiling to the Vehicle in accordance with this clause, Eloop has the right to claim damages from the User. The User must provide all information completely and truthfully. Eloop has the right to prohibit the use of the Vehicle if it has reasonable ground to believe that the defect, damage or gross soiling impairs driving safety.
4.9 Eloop has the right to call the User at the registered mobile phone number if the lease is interrupted. Eloop has the right to prohibit any further use of the Vehicle if it has reasonable grounds to believe that the User has breached any term of the Master Agreement or an Individual Lease Agreement concluded thereunder. This includes in particular any term of clause 5.
4.10 The term of the Individual Lease Agreement shall commence upon entering into the Individual Lease Agreement under clause 4.7 and shall end:
4.10.1 either when the User has properly terminated the lease pursuant to clause 8; or
4.10.2 if Eloop terminates the Individual Lease Agreement unilaterally in accordance with these GTCs.
4.11 The maximum term of an Individual Lease Agreement shall be 72 (seventy-two) hours. Eloop may sometimes offer an extended maximum term for an Individual Lease Agreement which will be shown in the App. Eloop reserves the right to contact the User and/or terminate an Individual Lease Agreement unilaterally at any time if the respective maximum term has expired.
4.12 Eloop has the right to take back the Vehicle and replace it with a comparable Vehicle at any time for reasonable grounds, in coordination with the User.
4.13 The User is not entitled to withdraw his/her declaration to conclude an Individual Lease Agreement (done in accordance with clause 4.7.4).
4.14 The provision of mobility services by Eloop may be subject to restrictions and inaccuracies that are outside of Eloop's control. This applies in particular to the availability of mobile data services provided by mobile network operators, the mobile network, the positioning services by a global navigation satellite system and internet access. These are limited to the service area of the respective mobile services provider’s radio stations.
4.15 The unavailability of the mobile network may in particular cases cause specific services under the Master Agreement or an Individual Lease Agreement concluded thereunder to be unavailable because the required data transfer does not work. These services may furthermore be affected by atmospheric interferences, topographic conditions or obstacles (e.g. bridges, tunnels, buildings). The same applies for the positioning services based on the global navigation satellite system. The use of the Internet may also be subject to additional restrictions (e.g. network overload). Furthermore, there may be temporary capacity shortages as a consequence of load peaks of the services, the mobile or fixed line networks or the Internet. Disturbances may also result from events of force majeure, which may include strikes, lock-outs and orders from public administration as well as from technical and other measures (e.g. repair, maintenance, software updates, or enhancements) conducted on equipment of Eloop, suppliers, service and content providers as well as network operators that are required for the proper or improved provision of the services.
4.16 The use of the services via the App and/or the Website may also be subject to limitations and inaccuracies due to the non-availability or interferences or disturbances of the App and/or the Website or of the compatible device (e.g. due to reasons of force majeure or due to technical or other measures such as maintenance, software updates, enhancements for the App and/or the Website).
5.1 The User must at all times treat the Vehicle with care and in a gentle manner, in particular regarding both the exterior and interior appearance, as well as its technical functionality.
5.2 During the lease, the User shall:
5.2.1 carry their valid driver's license with them;
5.2.2 obey all statutory requirements in connection with the usage of the Vehicle, in particular under the Road Traffic Order
(Straßenverkehrsordnung), to the extent they are not assumed by Eloop under this Master Agreement;
5.2.3 obey all instructions of the police and any other government authorities;
5.2.4 obey all provisions in clause 7 specific to keeping, driving and recharging electric vehicles;
5.2.5 observe the provisions of the manufacturer's operation manual as well as the running-in requirements and the specified maximum
5.2.6 when transporting goods, make best efforts to minimise damage to the exterior and interior of the Vehicle associated with their
loading, unloading and transportation;
5.2.7 notify Eloop immediately of any damage resulting from violence or accident or of any gross soiling of the interior or exterior of the
5.2.8 generally protect the Vehicle against theft (windows must be closed and the central locking locked);
5.2.9 check the tyre pressure on extended trips at regular intervals and, if necessary, adjust them at the cost of the User;
5.2.10 ensure that the Vehicle is only used if it is in a state providing for operational and road safety; and
5.2.11 stop immediately if a warning light flashes up in the dashboard display and contact Eloop to confirm whether the trip may be
5.3 During the lease, the User must not:
5.3.1 use the recharging card for any purpose other than to recharge the Vehicle. If a User breaches this requirement, Eloop may charge
the User for any costs incurred on the recharging card;
5.3.2 deactivate the passenger airbag, unless this is necessary to transport children or babies with a necessary seat elevation and/or
child seat. The User shall observe all instructions of the Vehicle manufacturer relating to the installation of baby seats;
5.3.3 use the Vehicle to transport objects or substances that might impair driving safety or damage the interior of the vehicle due to
their nature, size, form or weight;
5.3.4 take animals into the Vehicle, unless they are in a closed cage that is safely placed in the boot, and protects the Vehicle from
damage or soiling;
5.3.5 grossly soil the Vehicle or leave any kind of waste in the Vehicle; or
5.3.6 remove Vehicle accessories, in particular the recharging card and charging cable, warning vests, warning triangle, first aid kit and
spare tyre, from the Vehicle, with exception for normal usage in the case of recharging or in an accident or emergency.
If the User breaches any of the above prohibitions, Eloop shall have the right to charge the User a penalty of Euro 250 (two hundred and fifty) for each prohibition, notwithstanding any claims for damages available to Eloop under civil law.
5.4 During the lease, the User must not:
5.4.1 allow any other individual to drive the Vehicle;
5.4.2 drive the Vehicle outside the European Union, unless agreed in advance with Eloop in writing. Each Vehicles is fitted with electronic
sensors which report crossing the external borders of the European Union to Eloop;
5.4.3 use the Vehicle for cross-country trips, off-road driving, motor sports events or races of any kind, including drag-racing;
5.4.4 use the Vehicle for vehicle tests, driving trainings or for transporting persons on commercial terms or commercial transports (e.g.,
courier services, pizza delivery), unless agreed in advance with Eloop in writing;
5.4.5 use the Vehicle to transport easily inflammable, poisonous or otherwise hazardous substances to the extent they significantly
exceed household quantities, unless agreed in advance with Eloop in writing;
5.4.6 smoke or allow others to smoke in the Vehicle, in particular when individuals under the age of 18 (eighteen) years old are in the
5.4.7 drive the Vehicle under the influence of alcohol, drugs or pharmaceuticals which might impair his/her fitness to drive. A strict ban
on alcohol (0.0‰) applies;
5.4.8 allow others to consume alcohol or drugs in the Vehicle; or
5.4.9 use the Vehicle to commit criminal offenses.
If the User breaches any of the above prohibitions, Eloop shall have the right to charge the User a penalty of Euro 500 (five hundred) for each individual breach, notwithstanding any claims for damages available to Eloop under civil law.
For the avoidance of doubt, (i) Vehicles may not be driven in EEA countries (i.e. Norway, Iceland, Switzerland and Liechtenstein), and (ii) Vehicles may not be driven on roads outside European Union which form part of a trip starting and ending in the European Union (e.g. driving from Germany to Italy, passing through Switzerland).
5.5 A breach of any of the prohibitions in clauses 5.3 and 5.4 shall give Eloop the right to terminate the Master Agreement and any Individual Lease Agreement concluded thereunder in accordance with clause 14.3.9.
6.1 The User may park the Vehicle at any time during the Individual Lease Agreement without terminating such Individual Lease Agreement, including outside the Home Area (as defined in clause 8.2).
6.2 Any time parked will be charged to the User in accordance with clause 9.
6.3 In parking the car, the User must:
6.3.1 comply with the Road Traffic Act (Straßenverkehrsordnung);
6.3.2 ensure the Vehicle is protected against theft (windows must be closed and the central locking locked); and
6.3.3 ensure the Vehicle is only parked in a Permitted Parking Space (defined in clauses 8.1.2 and 8.6), with exception of clauses 8.6.1,
8.6.2 and 8.6.3, provided that the User uses these in accordance with the terms and conditions of the owner or operator of such
Any breach of traffic rules, prohibitions imposed by the owner of a parking space, actions of trespass (Besitzstörungsklagen), or towing charges as a result of the User parking the Vehicle shall be solely at the User´s expense. The User shall be solely liable for any applicable parking fees or charges.
7.1 The Vehicles are all electric-powered and are equipped with:
7.1.1 a Wien Energie recharging card located in either the centre console or glove box, which allows the User to recharge the Vehicle for
free during the lease at any public Wien Energie recharging point located within the Home Area; and
7.1.2 a recharging cable which is stored in the boot.
Before starting a journey, the User must check that the recharging card and recharging cable are in the Vehicle. The User must immediately report either a missing recharging card or recharging cable to Eloop.
7.2 Electric vehicles have restricted ground clearance. This must be considered during use, for example when driving into underground car parks or when driving over obstacles, as otherwise the Vehicle may be damaged. For this reason, the Vehicle must not be overloaded. The User must inform himself/herself of and act in accordance with the characteristics of the specific Vehicle, including the maximum payload, which are detailed in the Vehicle handbook.
7.3 In the event of an accident, the User must notify the police and/or fire service that an electric vehicle has been involved in the accident.
7.4 Electric vehicles do not make a noise whilst operating or driving. They are more difficult for other road users to notice and therefore the User must pay greater attention to pedestrians, cyclists and other vehicles.
7.5 The User may recharge the Vehicle during the lease using the recharging cable, whereby:
7.5.1 if the User recharges a Vehicle at a public Wien Energie recharging point in the Home Area, the User may recharge the vehicle for
free by using the recharging card located in the Vehicle; and
7.5.2 if the User recharges a Vehicle at any recharging point which is not operated by Wien Energie (including on private premises), any
costs incurred must be paid by the User and may not be claimed from Eloop.
In recharging the Vehicle, the User must park the Vehicle safely, in a Permitted Parking Space, and accordance with clauses 6.1 to 6.3. A description of how to recharge the Vehicle is available on the Website and on a notice located inside the Vehicle.
7.6 When recharging the Vehicle, the User must inform himself/herself and obey all usage instructions of the recharging point operator, which may be displayed on the recharging point or on a dedicated website of the operator. These instructions shall include the maximum permitted parking time after fully recharging the Vehicle. Any penalties incurred by a breach of these instructions must be paid by the User and may not be claimed from Eloop.
7.7 Pursuant to 8.6.1, Eloop currently does not allow Users to end the lease of a Vehicle at a recharging point.
7.8 During the lease, the battery capacity and the remaining distance of the Vehicle will be continuously displayed on the Vehicle instrument panel. If the remaining distance reaches 10 (ten) kilometres, the User must park the Vehicle in a Permitted Parking Space (as defined in clause 8.1.2) and end the lease when safe to do so.
7.9 If the remaining distance of the Vehicle reaches 7 (seven) kilometres, Eloop shall have the right to charge the User a penalty of up to Euro 300 (three hundred) in order to cover towing fees to bring the Vehicle to a recharging point.
8.1 When the User wants to end the lease and thereby terminate an Individual Lease Agreement, the User must:
8.1.1 inform himself/herself about the parking options approved by Eloop in Vienna;
8.1.2 park the Vehicle properly and in accordance this clause 8 and with the applicable road traffic provisions in a paying or non-paying
public car park ("Permitted Parking Space");
8.1.3 return the recharging card to either the centre console or glove box and return the recharging cable to its designated storage
8.1.4 ensure that the parking brake has been put on, all windows and doors have been fully closed and all lights have been switched off;
8.1.5 to make sure that no waste or gross soiling is left in the Vehicle.
8.2 The Individual Lease Agreement can only be terminated if the Vehicle is located within the Vienna home area, as defined by Eloop and amended from time to time ("Home Area").
8.3 The limits of the Home Area can be viewed at any time on the Website and in the App. Where available on the specific Vehicle model, a light in the interior of the Vehicle will indicate whether the Vehicle is within the Home Area, lighting green when inside the Home Area and red when outside, and an audible warning will be played when the Vehicle leaves and enters the Home Area. The display on the Website and the App and the Vehicle display serve only as orientation and shall not form the basis for any claim. Where the Vehicle is unable to detect that it is in the Home Area, the User must relocate the Vehicle accordingly in order to terminate the Individual Lease Agreement.
8.4 When the Vehicle is parked, the User may terminate the Individual Lease Agreement by locking the Vehicle doors via the App. The doors will not lock if the Vehicle does not register as being located in the Home Area, the parking brake is not on, all lights are not off, all windows are not closed, and all doors are not closed. The User must ensure that the doors are centrally locked after ending the lease on the App (and therefore the Individual Lease Agreement is terminated). If the User leaves the Vehicle without terminating the Individual Lease Agreement, the Individual Lease Agreement shall continue at the expense of the User.
8.5 In parking the Vehicle in order to terminate the Individual Lease Agreement, the User must ensure that the Vehicle is accessible for anybody at any time and is not in breach of any road traffic laws.
8.6 A Permitted Parking Space does not include:
8.6.1 a recharging point, with the exception of parking during (and not at the end of) a lease. This includes whether the vehicle is
plugged into the recharging point or whether it is merely parked in a parking space dedicated to the recharging point;
8.6.2 any private or business premises (e.g. parking garages, back yards, etc.) which are not expressly marked as premises of Eloop;
8.6.3 car parks of shopping centres, supermarkets, restaurants, etc. as well as of universities and similar institutions;
8.6.4 parking spaces signposted as for residents only;
8.6.5 any area where parking is not allowed on certain days or at certain times, which includes loading and delivery areas;
8.6.6 an area with a parking prohibition that has already been imposed but is not yet valid in terms of time (e.g. temporary parking
prohibitions because of events or relocations); or
8.6.7 any area which presents a danger for other road users and members of the public (e.g. pavements, road junctions, pedestrian
8.7 If the Vehicle is issued a parking ticket as a result of the User not parking (either during or at the end of a lease) in a Permitted Parking Space, Eloop shall forward the parking ticket to the User without excess delay for the User to either pay or contest directly with the relevant authority, and Eloop shall be entitled to charge the User an administrative fee as set out in the Eloop Fee Policy.
8.8 If the Vehicle is towed as a result of the User not parking (either during or at the end of a lease) in a Permitted Parking Space, any costs of recovering the Vehicle shall be solely at the User´s expense.
8.9 If the lease cannot be terminated, the User shall immediately telephone Eloop and remain with the vehicle until Eloop has made a decision on how to proceed. Following a review, any additional lease costs incurred shall be reimbursed by Eloop if the User is deemed not at fault. For the avoidance of doubt, the User shall be deemed at fault if any of the criteria in clauses 8.1 and 8.2 have not been fulfilled.
8.10 If the User fails to return the Vehicle or the recharging card together with the Eloop Vehicle upon termination of the Individual Lease Agreement, the User must return all accessories to Eloop no later than 12 (twelve) hours after termination of the Individual Lease Agreement.
8.11 In case of an accident after which the Vehicle can no longer be moved, the Individual Lease Agreement shall be terminated at the latest upon handover of the Vehicle to the towing company.
9.1 The User shall pay to Eloop the lease fee ("Lease Fee"), which shall be:
9.1.1 the tariff applicable at the commencement of the Individual Lease Agreement (in Euro per minute) ("Lease Tariff"); multiplied by
9.1.2 the time taken from unlocking the Vehicle and termination of the Individual Lease Agreement (in minutes), rounded up to the next
full minute ("Lease Duration").
9.2 The relevant Lease Tariff and all costs and penalties are set out in the Eloop fee policy available on the Website, as amended from time to time ("Eloop Fee Policy"), whereby the Lease Tariffs for different Passenger Cars and Transporters may be different. The Lease Tariffs are end prices that include the applicable statutory VAT.
9.3 The Lease Fee shall be due immediately after the termination of the Individual Lease Agreement, and shall be debited directly from the User´s credit card.
9.4 After termination of an Individual Lease Agreement, Eloop shall send the User an overview of the journey by email to the User´s registered email address. The User may additionally access invoices for the journey on the App and Website.
9.5 If the Vehicle is not fit for use even though it was marked as "free" on the Website of the App, no Lease Fee will be charged to the User.
9.6 If the Vehicle is parked in accordance with clause 6, the User shall continue to be charged for the duration the Vehicle has been parked at the full Lease Tariff.
9.7 A credit balance can be acquired in the form of free minutes or Euro funds. Free minutes or Euro funds may be granted by Eloop to a User during the course of promotional activities. The terms and conditions of the particular promotion shall apply.
9.8 If a User receives a credit balance, it will be credited to the User´s account within 3 (three) working days. Funds and free minutes are issued to a specific User and cannot be transferred between different User accounts. Funds and free minutes have no monetary value, can be used solely for the usage of a Vehicle during an Individual Lease Agreement, and may not be paid out in cash.
9.9 If the User´s account contains a credit balance, the relevant credit balance will at first be consumed for the User´s usage. The credit funds or free minutes expiring the soonest will be consumed first. Should a User not have sufficient funds or free minutes to pay for the total Lease Fee incurred for an Individual Lease Agreement, the User shall be charged the Lease Fee for the remaining Lease Duration in accordance with clause 9.1.
9.10 The User can view the current status of funds and/or free minutes at any time in the App or on the Website. Subject to terms and conditions applicable to the respective funds and free minutes, any funds and free minutes shall be valid for 2 (two) years. Any funds and free minutes not used by the User within the validity period shall be forfeited.
9.11 Eloop shall debit the Lease Fee and/or any charges and penalties, or shall cause the Lease Fee and/or any charges and penalties to be debited, from the User´s registered credit card within a period of 5 (five) working days after the Lease Fee due date. The User shall ensure that the credit card account has sufficient cover.
9.12 If the outstanding Lease Fee and/or any charges and penalties:
9.12.1 cannot be debited from the credit card; or
9.12.2 is charged back by the bank or the debit is refused by the bank and the User is responsible for this,
the User shall pay the bank expenses and, subsequently, a dunning charge in accordance with the Eloop Fee Policy. Until the amount outstanding has been paid to Eloop in full, the User will be blocked from entering into any new Individual Lease Agreements.
9.13 If the outstanding Lease Fee and/or any charges and penalties cannot be recovered from the User's credit card within 10 (ten) days of Eloop first debiting or causing to be debited in accordance with clause 9.11, Eloop shall be entitled to claim the amount outstanding plus 4 % (four percent) interest per annum in accordance with the relevant provisions of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch).
9.14 The User shall only be entitled to a set-off against claims of Eloop if Eloop is insolvent, the User´s counterclaim has been judicially confirmed or recognised by Eloop. Customers who are businesses (Unternehmen) under § 1 of the Consumer Protection Act (Konsumentenschutzgesetz) do not have a right to any set-off.
9.15 The User shall only be entitled to assert a right of retention or withholding to the extent that his counterclaim is uncontested, ready for decision or has been finally adjudicated.
9.16 If a Vehicle has been removed and/or towed away in accordance with § 89a of the Road Traffic Order (Strassenverkehrsordnung), Eloop shall not be obliged to pay the required costs in connection with the removal and the storage of the Vehicle and/or to appeal against the penalties imposed. If Eloop has been charged or has paid such costs, Eloop has the right to charge the User these costs plus an administrative charge, as set out in the Eloop Fee Policy.
10.1 The User shall be liable for damage to the Vehicle, the loss of the Vehicle and/or breaches of the Master Agreement or an Individual Lease Agreement concluded thereunder for which the User is culpable. The User's liability shall also extend to additional claim costs caused by the User such as towing costs, costs of expert witnesses, loss of value and loss of rental income.
10.2 The User shall be liable in full for all breaches of the law that he/she commits, particularly for breaches of traffic and misdemeanour regulations during the Individual Lease Agreement and relating to parking the vehicle. The User shall indemnify Eloop from all motoring and on-the-spot fines, charges, towing costs and other expenses which authorities or other bodies charge to Eloop as a result of such breaches.
10.3 All Vehicles are covered by third party liability insurance. By concluding an Individual Lease Agreement, in addition to these GTCs, the User also accepts the General Terms of Business of the Federation of Insurance Companies of Austria for Third Party Liability Motor Insurance (AKHB 2015; available at www.vvo.at). Furthermore, the liability for damage to the Vehicle shall be limited for the benefit of the User, corresponding to fully comprehensive cover including partially comprehensive cover with an excess as described in the following provisions. Only the User shall benefit from the insurance cover and the limitation of liability.
10.4 The User's liability resulting from accidents for damage to Eloop shall generally be restricted to Euro 1000 (one thousand), unless Eloop and the User have agreed otherwise in writing. If a Vehicle is damaged during the Individual Lease Agreement through the fault of the User, or if the User culpably causes damage to the Vehicle, the User shall be liable for such damage with an excess of up to (i) Euro 1200 (one thousand two hundred) if the User is between 18 (eighteen) and up to 21 (twenty one) years old and (ii) Euro 1000 (one thousand) if the User is 21 (twenty one) years old or older. Prior to unlocking the Vehicle doors, the User may buy an additional protection package for an Individual Lease Agreement via the App which limits the User's liability to (i) Euro 600 (six hundred) if the User is between 18 (eighteen) and up to 21 (twenty one) years old and (ii) Euro 500 (five hundred) if the User is 21 (twenty one) years old or older. After unlocking the Vehicle doors, it is no longer possible to book an additional protection package for the Individual Lease Agreement.
10.5 The exemption from liability in clause 10.4 shall not release the User from the duties set out in clause 5.
10.6 This contractual limitation of liability shall not apply if the damage was caused maliciously or through gross negligence on the part of the User or an unauthorised individual to whom the User enabled usage of the Vehicle.
10.7 Furthermore, the following damage to the Vehicle shall not be covered by this exemption from liability:
10.7.1 damage caused by incorrect treatment and/or use of the Vehicle, for example by aggressive driving, ignoring warning lights or
incorrectly recharging or failing to secure a load correctly;
10.7.2 damage caused by ending the Individual Lease Agreement where the Vehicle has less than 5 (five) km remaining distance;
10.7.3 damage (jointly) caused by the User under the influence of alcohol, drugs or medication which could adversely affect his/her
ability to drive;
10.7.4 damage caused by the User's breach of the smoking ban in the Vehicle;
10.7.5 damage caused by the malicious or grossly negligent breach of the User´s duties under this Master Agreement or an Individual
Lease Agreement concluded thereunder, in particular through use by an unauthorised driver or use for an illegal purpose;
10.7.6 damage in which the User breaches his/her duty in the event of an accident as set out in § 4 of the Road Traffic Act
(Straßenverkehrsordnung) (hit and run) or his/her duties under clause 13;
10.7.7 damage in relation to which the User maliciously or through gross negligence provides incorrect details to Eloop or the police
relating to the circumstances, causes and consequences of an accident;
10.7.8 damage which the User causes without holding a valid and current driving licence; and
10.7.9 damage caused during unauthorised trips in countries outside the European Union.
10.8 Conversely, the agreed excess per claim shall remain in force if the breach of duty was neither the cause of the claim nor for the establishment or scope of the damage suffered by Eloop.
10.9 The exemption from liability shall not affect any duty on the part of the User to pay contractual penalties under clause 5. Furthermore, any contract penalties payable shall not reduce the level of liability limitation for any other duty on the part of the User to pay compensation not covered by the contract penalty.
10.10 If no (partial) limitation of liability described in the provisions above is used, the User must reimburse Eloop for the entire damage. Eloop shall verify the level of this damage by the presentation of invoices or reports from expert witnesses qualified for this purpose. If the User is culpable for the damage, Eloop shall be entitled, in addition to the verified level of the claim, to charge the User a one-off lump sum for handling, general expenses and futile costs in the amount of Euro 70 (seventy) including VAT per claim. If the User disputes that the claim calculation presented by Eloop is correct, he/she shall be entitled to obtain a report from an expert witness qualified for this purpose within a period of 4 (four) weeks. If required, Eloop shall provide photographs taken by the expert witnesses of the damaged vehicle for this purpose. If this report shows that the level of damage is lower, this shall be payable immediately in any event. As far as any difference between the two reports is concerned, the parties shall attempt to reach a solution by mutual consent. If this process is not successful within a further 4 (four) weeks, Eloop shall be entitled to apply for a court settlement. If an agreement or court verdict shows that the claim amount calculated by the User's expert witness was correct (and the value calculated by Eloop was therefore incorrect), Eloop shall reimburse the reasonable, appropriate costs for his expert witness.
11.1 Eloop shall only be liable to the User in accordance with the statutory provisions for any damage caused intentionally or by gross negligence by Eloop or its representatives or agents.
11.2 Except where the User is a consumer (Verbraucher) in the meaning of § 1 of the Consumer Protection Act (Konsumentenschutzgesetz), Eloop's liability for slight negligence shall be excluded.
11.3 The limitations of liability set out above shall not apply in the event of death, physical injury or health impairment, the intentional concealment of a defect, in the event that a guarantee or document risk is accepted, and under the Product Liability Act (Produkthaftungsgesetz).
12.1 Eloop shall not accept any liability for items left in the Vehicle after the termination of the Individual Lease Agreement. This shall however not apply in cases of malice or gross negligence on the part of Eloop, its representatives or agents.
12.2 The User is aware that any items left in the Vehicle may be found by other users, and that, unless an Eloop employee finds such item, it generally relies on such users to notify Eloop about and/or to hand over such items.
12.3 Eloop may keep items found in a Vehicle for a maximum of 2 (two) weeks, and shall make reasonable efforts to contact their suspected owner. Eloop may require an individual claiming to be the owner to provide reasonable evidence that he/she is the actual owner of such item. Despite such reasonable investigations, Eloop shall not be held liable for any damages incurred by disposing of the item to an individual other than the actual owner.
12.4 If the owner fails to claim them within this period, the items shall be destroyed and valuables shall be sent to the municipal lost and found office. If items found are returned, the User undertakes to pay a reasonable additional charge for their shipment.
13.1 The User must notify Eloop by telephone immediately in the event of any accident, defect, damage, theft, destruction and other loss of the Vehicle during the lease, regardless whether the User is responsible for such event. The User undertakes to ensure that all reasonable action required to reduce the damage and ensure that evidence of such an event is taken and passed onto Eloop.
13.2 The User must ensure that all accidents involving a Vehicle during the lease are recorded by the police. Even in the event of pure property damage, the nearest police station must be requested to record an accident report under § 4(5a) of the Road Traffic Order (Straßenverkehrsordnung). If the police refuse to record the accident, the User must report this to Eloop immediately by telephone and provide verification in suitable form (e.g. confirmation from the police or details, including date and time, which police station was notified but refused to record the damage). In such a case, the User must follow all instructions from Eloop on how to proceed. This shall apply regardless of whether the User or a third party was responsible for the accident.
13.3 The User must not leave the scene of the accident until:
13.3.1 the police record has been completed (or, if no police record is possible, Eloop has been informed);
13.3.2 by agreement with Eloop, action has been taken to secure evidence and reduce the damage; and
13.3.3 the Vehicle has been handed over to a towing contractor or, by agreement with Eloop, the Vehicle has either been secured
elsewhere or the User continues to drive it. The journey may only be continued with the express consent of Eloop.
13.4 Eloop shall not be liable for any claims made by a User for any damages incurred or alleged to have incurred during the time the User has waited at the scene of the accident.
13.5 If no third party has been harmed by the accident or if (if the only damage was to property, details have been exchanged with the damaged third party as described in § 4(5) of the Road Traffic Order (Straßenverkehrsordnung)), it shall not be necessary to notify the nearest police station if the vehicle has only suffered minor paintwork damage (scratches or the like). In such a case, however, the User undertakes to report this damage to Eloop without delay, if possible supplying an accident report signed by all the parties involved in the accident. If the vehicle has been damaged by unknown third parties (e.g. parking damage, hit and run accident), the User must immediately notify the nearest police station, even if the damage is minor, and request that the damage be recorded (see clause 13.2 for the procedure in the event that the police refuse to record the accident). In the event that the User damages the vehicle of a third party who is not present, the User also undertakes to make a report to a police station as soon as possible.
13.6 These duties on the part of the User shall not apply if, as a result of injuries suffered in the accident by one of the parties in the accident, he leaves the accident location justifiably or after making his excuses.
13.7 In the event of an accident, the Individual Lease Agreement shall not terminate until it is terminated correctly under clause 13. If the Vehicle is no longer drivable or roadworthy as a result of the accident, the Individual Lease Agreement may be terminated, by agreement with Eloop, when it is handed over to a towing contractor. If the User is not to blame for the accident, and if he/she is not permitted by Eloop to continue the journey with the Vehicle, no lease charges shall be charged from the time of the accident to the time of the termination of the Individual Lease Agreement.
13.8 In the event of an accident in which a Vehicle was involved, the User must not admit any blame or make any similar statements. The User must not pre-empt any liability claims by making payments or other settlement actions to accept a claim and/or blame (i.e. jeopardising insurance cover). If the User admits liability in breach of this clause, this shall only apply directly to the User. Neither Eloop nor the insurance company shall be bound by such admission. Regardless of whether an accident, which the User is obliged to report to Eloop, was caused by the User or a third party, the User must thereafter forward without delay an accident report with the police reference number to Eloop, if possible signed by all the people involved in the accident. The User undertakes to complete the claim form in full within 7 (seven) days and sign and return it to Eloop. The claim form is located in the glove box of the rented vehicle or, alternatively, can be downloaded from the Website. If a written claim notification is not received by Eloop within this period, the accident cannot be settled by the insurance company. If the User is to blame for the claim report not being submitted, he shall be liable for all the damage to Eloop and the contractual limitation of liability described in clause 10 shall not apply.
13.9 Eloop has the exclusive right to select a repair workshop. Compensation payments for damage to the Vehicle shall be payable exclusively to Eloop. If the User has received such payments from third parties, the User must immediately forward them to Eloop.
14.1 The Master Agreement shall enter into force upon the Parties signature of the Master Agreement, and shall remain in force for an indefinite period.
14.2 Either Party may terminate the Master Agreement upon 2 (two) weeks' notice in writing (e.g. letter or email) as per the end of each calendar month.
14.3 Eloop may terminate the Master Agreement without a notice period if the User:
14.3.1 defaults on 2 (two) payments due;
14.3.2 stops payments in general;
14.3.3 is a business under § 1 of the Consumer Protection Act (Konsumentenschutzgesetz) and has defaulted on payments due;
14.3.4 makes false statements or omits facts when registering or in the course of the contractual relationship, making it unreasonable for
Eloop to continue the Agreement;
14.3.5 despite written warning from Eloop, continues to be in serious breach of the Master Agreement or does not immediately remedy
consequences already arising from such breaches;
14.3.6 fails to immediately notify Eloop of the withdrawal or loss of his/her driver´s licence, or of the issuance of a driving ban, in breach
of clause 2.6;
14.3.7 reads out, copies or manipulates the App, or replicates the App or any function thereof, by means of information technology in
order to lease or use a Vehicle in any way, or to help another person to do the same, in breach of clause 3.3;
14.3.8 passes on their User account password to another individual, in breach of clause 3.7; and
14.3.9 breaches any of the prohibitions in clauses 5.3 and 5.4.
14.4 If Eloop terminates the Master Agreement without notice:
14.4.1 all Individual Lease Agreements shall be terminated; and
14.4.2 the User´s access to Vehicles will be blocked immediately upon notification of termination by Eloop to the User, and
Eloop may claim from the User in particular:
14.4.3 the immediate return any Vehicle currently used by the User or any unauthorised driver. Should the User fail to return the Vehicle
immediately, Eloop is entitled to take possession of the Vehicle at the User´s expense;
14.4.4 the Lease Fee incurred until the time the relevant Vehicle is returned; and
14.4.5 claim for damages, whereby Eloop shall charge the User for any damage actually caused.
Any comments or complaints may be sent to Eloop using the following contact details:
Caroo Mobility GmbH, Siebenbrunnengasse 17/7, 1059 Vienna, Austria, telephone number: +43 660 600 2990, email address: email@example.com
17.1 The User may not transfer any claims or other rights under the Master Agreement or an Individual Lease Agreement concluded thereunder to third parties unless is has the prior written consent of Eloop.
17.2 Eloop is entitled to transfer any claims or other rights under the Master Agreement or an Individual Lease Agreement concluded thereunder to third parties without the prior written consent of the User.
18.1 The Master Agreement and any Individual Lease Agreement concluded thereunder shall be construed and governed by Austrian law.
18.2 Where the User is:
18.2.1 a business (Unternehmen) in the meaning of § 1 of the Consumer Protection Act (Konsumentenschutzgesetz), the courts of
Vienna, Austria shall have exclusive jurisdiction to settle any dispute under the Master Agreement or an Individual Lease
Agreement concluded thereunder; and
18.2.2 a consumer (Verbraucher) in the meaning of § 1 of the Consumer Protection Act (Konsumentenschutzgesetz), the courts of the
domicile or habitual residence or place of employment of the User shall have exclusive jurisdiction to settle any dispute under the
Master Agreement or an Individual Lease Agreement concluded thereunder. If such domicile or habitual residence or place of
employment is not in Austria, the courts of the first district of the City of Vienna, Austria shall have exclusive jurisdiction.
18.3 These GTCs, including this clause, may not be amended orally. Any changes and amendments may be agreed between Eloop and the User in writing (e.g. letter or email).
18.4 Should one or several provisions of these GTCs be or become invalid or void, this shall not affect the validity of the remaining provisions.
19.1 In accordance with §11 of the Distance Sales Act (Fern- und Auswärtsgeschäftegesetz), the following text advises you, the User, on your rights to withdraw from this Master Agreement.
You, the User, have the right to withdraw from this Master Agreement within 14 (fourteen) days without giving any reason.
The withdrawal period will expire after 14 (fourteen) days from the day of the conclusion of the Master Agreement.
To exercise the right of withdrawal, you must inform us (Caroo Mobility GmbH, Hernalser Gürtel 24/27, 1090 Vienna, Austria, telephone number: +43 660 600 2990, email address: firstname.lastname@example.org) of your decision to withdraw from this Agreement by an unequivocal statement (e.g. a letter sent by post or email). You may use the below model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this Master Agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this Master Agreement, in comparison with the full coverage of the Master Agreement.
(If you wish to withdraw from this agreement, please fill out this form and return it.)
To: Caroo Mobility GmbH, Siebenbrunnengasse 17/7, 1050 Vienna, Austria, telephone number: +43 660 600 2990, email address: email@example.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
- Ordered on (*)/received on (*) _________________
- Name of consumer(s) _________________
- Address of consumer(s) _________________
- Signature of consumer(s) (only if this form is notified on paper),) _________________
- Date _________________
(*) Delete as appropriate
* * *