Terms of Use for Taubermobil Carsharing e.V.

Preamble:

Carsharing is initiated here to make mobility possible, to enpower the members to reduce damage to the environment, to the public and to the individuals. The following regulations are seen under the overriding maxim of a considerate, solidary contact between each other, they will lead to a successful organisation of our association.

1. Right of Use

All members of Taubermobil e. V. and the users registered by them (in the case of households, up to four family members, in the case of partnerships/legal entities, four users named in writing by the legal representative of the legal entity, who meet the conditions of use (No. 2)) are entitled to use the system. Alternatively, the provisions set out in a supplementary agreement shall apply.

2. Prerequisite for Use

A prerequisite for the use of a vehicle is that

• the user has a valid driving licence for the chosen vehicle
• the user has held a valid driving licence for at least three years
• the member of Taubermobil e.V. has signed the SEPA Direct Debit Mandate and thus authorises the association to collect all costs arising from entry, booking and use, wich are listed in the table appendix “Tariffs and fees” or in the usage regulations
• the member, and thus all users named by her/him, acknowledge and comply with the respective applicable terms of use and have confirmed this by signing it
• the respective vehicle ist booked for the period of use
• the user has demonstrably received an introduction to use of the e-car

3. Use

The booking of a vehicle is done via a booking program.

The booking time is at least 30 minutes and can be extended by 15 minutes at a time. It has to be limited to what is necessary so as not to restrict other members. In any case, it must be ensured that the vehicle is back at its location at the specified time.

In case of an overdraft (more than 15 minutes before or after the booking time), driving with another car from Taubermobil e.V., driving without a booking at all, the user hast to bear all possible costs incurred by the subsequent user/owner/association for the loss of use, within reasonable limits up to a maximum of 50 € (exception: force majeure), further claims cannot be asserted by the subsequent user. The prolonged period of use is to be rebooked.

The electric car must be charged after each use.

At the start of the journey, the logbook must be checked to see whether the last entered km reading is correct. The vehicle must be subjected to a visual inspection to determine whether there is any other damage or soiling (inside) in addition to the stored complaints. If an irregularity is found, the user must document this using the camera in the vehicle (or his own mobile phone) and make a note in the logbook.

After each journey, the final mileage as well as refuelling must be entered into the logbook located in the vehicle by means of a receipt or any new damage, complaints, special incidents, etc. that are detected.

4. Accounting and Payment Deadlines

At the end of each quarter a statement of account is drawn up. Each member will receive an invoice for use during the quarter and a statement of account showing receipts submitted and payments made. If there is no objection within 2 months after receipt of the statement, it will be considered accepted.

If a SEPA debit could not be successfully carried out, a negative balance is to be settled within 4 weeks to the account of Taubermobil e. V. by bank transfer. After this period has been exceeded, the member will receive two reminders with costs. After expiry of the last deadline, the member will be prohibited from using all association offers until all outstanding debts have been received. If necessary, a reminder procedure will be initiated and the extended executive committee will decide on the exclusion of the member. (Statutes No. 3.5).

5. Damages and Penalties

For all damages (third party liability + comprehensive insurance) a detailed damage report with accident sketch and photos (camera/mobile phone) of the damage and the location is sent to the insurance company via the Car-Chief / Executive Board. There is an excess of 300,- €/400,- €, see rates and fees.

Anyone who causes damage or triggers a penalty while using a vehicle of Taubermobil e.V. shall bear all expenses and costs incurred by Taubermobil e.V. and the other authorised users, insofar as they are not covered by the insurance or third parties.

In addition, the management/car owner is authorised to demand additional administrative fees and/or a contractual penalty within reasonable limits in the event of infringements of the StVO or the usage regulations.

Damages caused by intent or gross negligence (influence of alcohol or similar) are generally excluded from the insurance and are at the expense of the user. In this case, in the event of refusal to pay, the deposit may be used to pay for costs incurred by the association.

The other authorised users undertake to keep the claim for consequential costs as low as possible (cf. Statutes, 3.5).

The insurance cover also includes trips to most European countries. Journeys to a country without insurance cover are only possible with the prior consent of the Executive Board and with additional insurance at your own expense.

Should Taubermobil e. V. incur costs or expenses in the event of an accident or damage abroad through no fault of its own, e.g. because the enforcement of justified claims is not possible, very costly or protracted, these are to be borne by the user concerned (excess).

Damages which cannot be attributed to any authorised user will be borne by Taubermobil e.V./the owner, in the case of vehicles provided by the user an amicable settlement will be sought.

All damages will be classified by the board/car owner for further treatment. In the case of minor damage, where repair is not advisable, the board of directors (in consultation with the owner) can determine a compensation payment, which will be paid to the owner.

In the event of damage to the vehicle occurring during use, the respective users are entitled to call the breakdown service to have an emergency repair carried out. For more extensive repairs, in the event of technical defects or the like, as well as in the event of accidents, the person who first ascertains the damage must immediately inform the responsible Car Manager or the Board of Directors via the telephone number provided and (through him) all those who have booked the vehicle after him.

6. Exclusion of Liability

The vehicles are regularly maintained by the association/owner and checked for roadworthiness (air pressure, oil level, cooling water, etc.). In addition, winter tyres are fitted in winter.

However, each user must convince himself of the safety and driving capability of his vehicle before starting the journey. The same applies to the use of any aids provided (trailers, etc.).

If there is any doubt about the driving ability before or during the journey, a member of the board / the owner must be informed immediately. He/she will decide whether and how the vehicle may continue to be used.

Taubermobil e. V. is not liable, apart from intent or gross negligence, that

• a booked vehicle is available for use and ready for operation
• the available vehicles are safe and fit for driving

Persons who take over activities (maintenance,..) on behalf of Taubermobil Carsharing e.V. or the owner cannot be prosecuted, unless they act intentionally or grossly negligent.

7. Driving Permissions

All members and users place Taubermobil Carsharing e.V./in the case of legal entities or partnerships the member (see supplementary agreement) and undertake to notify us if they are temporarily or permanently no longer in possession of a valid driving licence.

All members of Taubermobil Carsharing e.V. and the co-users registered through them as well as all persons who have concluded a valid user contract with a member (company, firm, administration, association) are entitled to drive, provided that the driving licence has not been revoked.

Every person with driving authorization may be driven by another person (authorized representative) who has held a driving license for this vehicle for 3 years, provided that he/she makes sure of the driving ability of the authorized representative and the carrying of a valid driving license before each journey and does not leave the vehicle to him/her without his/her supervision.

The member/user is liable for the actions of the representative as for his own, all damages caused by this person are at his expense and for his account.

The member/user is liable for all costs and damages caused by non-drivers if he/she has culpably made the journeys possible. Slight negligence is sufficient.

8. Prohibitions of Use

Rides under the influence of alcohol, drugs or medicines are prohibited. In this case, all resulting damages are not insured and have to be paid completely by the user.

The use of unpaved roads and unsuitable terrain is also prohibited and excluded from insurance, resulting damages are to be borne by the user.

Hazardous materials may not be transported.

Smoking is absolutely prohibited in the vehicles.

Animals may not be carried.

In case of non-compliance, the user will be charged at least 50,- Euro for cleaning and disinfection (see point 5 Contractual penalties).

9. Other Regulations Concerning the Use of the Vehicle

When returning the vehicle, the tank may not be emptier than a quarter, the electric vehicle must always be charged. The subsequent user must allow for an appropriate additional charging time depending on the planned route (start of booking possibly 15 to 60 minutes later).

Cost-effective times and filling stations should be used whenever possible. An Avia fuel card is provided in the vehicles. If another petrol station is used, the receipt must be signed by the user and deposited in the logbook, the costs will then be credited to the user.

The vehicle must be kept clean, the interior must be vacuumed or cleaned by the user before return, depending on its condition. In case of heavy soiling, the vehicle should be cleaned in a car wash on the outside as well.

The user is committed to an energy-saving, material-conserving and socially acceptable driving style. Among other things, this means adhering to the speed limit on motorways.

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