Terms and Conditions (Berlin)
COUP Mobility GmbH General Terms and Conditions
Effective from: February 28th, 2019
Art. 1 Subject of these General Terms and Conditions
(1) COUP Mobility GmbH (hereinafter “COUP”) operates the car sharing concept COUP.
(2) COUP provides vehicles from its offering.
(3) The “COUP app” is a smartphone application, which serves as a means of payment for the reservation and rental of COUP vehicles. It also serves for accessing the COUP vehicles. The COUP app must be installed on the smartphone, and must be functional and connected to the Internet so that the customer can use a COUP vehicle. The smartphone must also be connected with the vehicle via Bluetooth. Details about the technical availability and the range of functions of the COUP app in the COUP business area can be found on the COUP website.
(4) Car rentals are subject to availability and are only for the defined business area. In principle, the return must occur within the defined business area. The business area can be accessed via the COUP app.
(5) These General Terms and Conditions (hereinafter called “GTC”) apply to the registration of customers and the use of the COUP app (master agreement) as well as for rentals of COUP vehicles by customers (individual rental agreement).
(6) Customers are natural persons who have successfully and properly registered with COUP.
(7) By entering the master data and completing the registration process, the master agreement between the customer and COUP is established. These GTC are supplemented by the rental terms whenever renting COUP vehicles. In the event of an inconsistency, the rental terms take precedence. Only current prices apply at the moment of booking, as set out in the tariff overview and which can be found at (https://joincoup.com/en/berlin/faq/how-much-is-coup).
(8) The conclusion of the master agreement does not entitle either COUP or the customer to conclude individual rental agreements.
(9) COUP specifically reserves the right to refuse to register a customer and to refuse to conclude an individual rental agreement, if reasons exists to assume that the potential customer will not comply with the agreement. Each customer can only register with COUP once.
Art. 2 Billing account, account data
(1) In order to reserve, rent and use the COUP vehicle, the customer must select one of the payment methods offered by COUP and enter the corresponding data.
(2) The customer must be the holder of the account and/or credit card, unless agreed otherwise between COUP and the customer. The customer must keep his personal data stored in the COUP user account up to date. This particularly applies to his or her private address, email address, mobile telephone number, driving license information and bank account details and/or credit card information. If the data is evidently not up to date (e.g. email delivery not possible, mobile telephone number obsolete), then COUP reserves the right to temporarily block the user account.
(3) Under no conditions are customers permitted to allow other persons to drive COUP vehicles, unless agreed otherwise between the customer and COUP on a case-by-case basis. In particular, the passing on of customers’ login information (COUP username, COUP password) to other persons is not permitted. This also applies where the other person is a customer of COUP. For every violation, the customer is obliged to pay a contract penalty. The amount can be found on the current applicable tariff overview (Tariff Overview). The assertion of further damages is reserved. The contractual penalty will be deducted in such a case. The customer is entitled to prove that COUP has suffered no damage, or indeed only less damage.
Art. 3 Driving license, driving license validation
(1) Only natural persons are entitled to take over and drive COUP vehicles, who
a) are at least 21 years of age and are in possession of a driving license for a car or motorcycle in accordance with Art. 3 (2); from April 1st, 2019 a minimum age of 18 years applies; the other requirements remain the same;
b) are in possession of the driving license during the rental and fulfill all conditions and requirements therein;
c) are customers of COUP; and
d) possess an activated means of access in accordance with Art. 3 (3).
(2) Before conclusion of the master agreement, customers must permit the validation of their identity and driving license by COUP's online service (online validation). European driving licenses from the EU/EEA (European Economic Area) are accepted and recognized as valid driving licenses.
(3) Following successful validation of the driving license, COUP activates the customer's means of access (cf. Art. 4). As a general rule, following the expiry of thirty-six months after registration (driving licenses from the EU/EEA), COUP deactivates the customer's means of payment until the customer has undergone a renewed online validation process in order to demonstrate the continued validity of his or her driving license. Notwithstanding the above, COUP reserves the right to request, at any time, that the customer undergo a renewed online validation process for the purpose of validating the driving license. If the customer does not comply with this request, COUP can block the customer’s means of access and/or the user account.
(4) In the event of revocation or loss of the driving license, the driving authorization for COUP vehicles lapses immediately for the remainder of the period of revocation or loss. The same applies for the duration of a driving ban. Customers must immediately provide COUP with notice of the revocation of their driving license or any restrictions placed thereon, of the coming into force of any driving bans or temporary seizure or confiscation of their driving license.
Art. 4 COUP app
(1) The COUP app is the means of reservation, payment as well as access for COUP vehicles.
(2) To use the COUP app, the customer must have a smartphone which complies with the COUP app technical requirements. COUP does not guarantee compatibility. The customer is responsible for maintaining his or her smartphone in such condition so as to permit the use of the COUP app. Information regarding system requirements and compatibility can be found in the relevant app stores. To use the means of access, the customer’s smartphone must have at least the minimum system requirements and an Internet connection as well as Bluetooth Low Energy peripheral mode support. Due to the large number of terminals, system configurations, network providers and operating systems, it is not possible for COUP to evaluate and ensure operability in all scenarios. COUP recommends that, if necessary, the customer consults the lists of frequently asked questions (FAQ) in addition to the information regarding the system requirements and compatibility published by COUP. The customer must ensure the possibility of mobile data communication and shall bear any costs incurred by his/her mobile phone provider for data transfer.
(3) Reading, copying, modification and manipulation of the COUP app by any electronic means is prohibited. Automatic access to the COUP app is prohibited. Violations and attempted violations will lead to immediate suspension by COUP and the customer bears the costs of any damage incurred as a result of the violation.
(4) The customer must immediately report to COUP any loss of the COUP app and/or loss of the smartphone on which the COUP app is installed, so that COUP may block the COUP app and, in particular, its function as means of access, in order to prevent its misuse. The customer will be notified via email of the successful blocking of the app.
(5) During the registration process, the customer creates a password, which allows him/her to access the COUP app and its functions (e.g. booking COUP vehicles, inspecting invoices and examining and modifying personal information). The customer is obliged to maintain strict secrecy with regard to the password and not to share the password with third parties. In particular, under no circumstances must the customer note the password on a means of access or on its transfer medium, or save it in such location, or store it in any other fashion in the vicinity of the means of access. The customer is obliged to immediately change his/her password if grounds exist to believe that a third party has acquired knowledge regarding its details.
(6) The customer is liable for all damages resulting from the loss of the smartphone ,with the COUP app, and via which third parties gained unauthorized access to the user account, and, in particular, utilized the COUP app as a means of access. This applies especially where theft, damage or misuse of COUP vehicles is thereby rendered possible.
(7) Access to the customer’s smartphone, which has the COUP app installed, must be protected via password or PIN. Where violations occur, liability is borne by the customer.
(8) Under no circumstances may the customer make unauthorized use of another customer's smartphone, user account, PIN or password. In the event a third party makes use of the COUP app following discovery of the customer’s password due to the customer’s own insufficient protection of his or her password against unauthorized access, then the customer must be treated as if he or she himself/herself had acted. The same applies to the use of a smartphone by third parties who have discovered the accompanying PIN or password due to the customer's own insufficient protection of his or her password against unauthorized access.
(9) The customer shall immediately inform COUP as soon as he or she realizes that an unauthorized third party has gained knowledge of his or her access information (i.e. smartphone PIN or password or COUP app password) or that an unauthorized third party is using the customer's smartphone or the COUP app. COUP observes that, for security reasons, access information should be changed on a regular basis.
(10) In the event of a well-founded suspicion that access information has become known to a third party or that the smartphone has been used by a third party, COUP is authorized, but not required, at its own discretion, to modify the access information without prior notice and/or block use of the user account and/or the COUP app for security reasons. In doing so, COUP will immediately notify the customer and, upon request, will disclose the new access information within a reasonable time. The user is not entitled to demand that the original access information be restored.
Art. 5 Reservation of Vehicles and Conclusion of Individual Rental Agreements
(1) Registered and validated customers may rent COUP vehicles. Only those COUP vehicles, which are correspondingly identified in the COUP app, may be used.
(2) A selected COUP vehicle may be reserved free of charge for up to 15 minutes. The order can be placed using the COUP app. COUP is entitled to refuse the order if the very vehicle required to fulfill the reservation request is unavailable. In individual cases, inaccuracies in the locating signal may lead to deviations between the signal displayed and actual signal. This is not within COUP's area of influence. COUP therefore assumes no liability in this regard.
(3) The individual rental agreement for the use of a COUP vehicle is concluded when the customer initiates the rental procedure with his or her COUP app and the COUP vehicle has confirmed this rental procedure via activation and unlocking of the vehicle. The customer is obliged to inspect the COUP vehicle and check it for visible defects, damage and heavy soiling prior to departure, and to report these to COUP. In the event of serious damage, if necessary, the customer must contact COUP by telephone in order to determine the nature and severity of the defects, damage or soiling. Serious damage is damage, which may affect the driving performance, safety/security or other vehicle functions or which affects the visual appearance of the vehicle (large scratches, heavy soiling). In order for damage to be apportioned equitably, it is compulsory for the report to be made prior to departure. The customer is obliged to provide complete and accurate information in this regard. Upon COUP's request, the customer is obliged to provide COUP with a photograph of the damage and/or soiling. COUP can forbid use of the COUP vehicle, if the security of the journey appears to be compromised.
(4) In the event of interruptions in use procedures, COUP is entitled to call the customer using the number stored in the personal data or to contact the customer via email. The customer must ensure accessibility. COUP is additionally entitled to prohibit further use of the COUP vehicle if a breach of contract (e.g. breach of Art. 8) is suspected.
(5) The rental period begins with the conclusion of the individual rental agreement and ends with the customer’s ordinary termination of the rental procedure in accordance with Art. 9, or if COUP unilaterally terminates the rental in accordance with a right of termination to which it is entitled under these GTC.
(6) COUP reserves the right to unilaterally terminate individual rental agreements at any time, if the applicable COUP vehicle has not been used to make a journey for more than 24 hours or if a rental period of 24 hours has been exceeded.
(7) COUP is entitled to demand return of the rented vehicle at any time and to replace it with a comparable COUP vehicle. COUP will, if possible, coordinate the concrete procedure of the exchange with the customer.
Art. 6 Prices, Offsetting and Withholding, Methods of Calculation
(1) The customer is obliged to pay the fees of the applicable tariff at the time of commencement of the rental period. The prices can be found in the valid tariff overview. These are final prices, which include the respective value added tax as prescribed by law. Payment is due upon termination of the rental agreement.
(2) The customer can only set off against claims of COUP, if the customer's counterclaim is uncontested or has been officially recognized by judgement; the customer can only claim a right of retention, if this is based on claims arising out of the rental agreement.
(3) If the rented vehicle is not roadworthy, then the customer shall not be charged for the rental. The customer shall have no other claims.
(4) COUP may credit freerides to the customer. When using a freeride, no rental fees are charged for the duration of the initial minimum rent time. After the minimum rent time, the fees of the tariff overview valid at the time of the rental apply. The minimum rent time and the rental fees can be found in the respective valid Tariff Overview. Customers can credit a received freeride to the freeride account in the COUP App. The freerides can be used within their validity period and cannot be disbursed. Freerides may not be credited to journeys which were effected prior to the entry of the credit memo. The customer can inspect the current status of his or her freerides at any time using the COUP App. Contingents lapse, if they are not used within the validity period of the corresponding freerides. Should COUP adjust the minimum rent time during the validity period of a freeride already credited or to be credited to the freeride account, COUP has the right to combine several freerides into one or divide one freeride into several, depending on the adjustment of the minimum rent time. In all cases of such a conversion, the originally granted total duration of the freerides is not reduced. The original validity period of the freerides shall not be affected by such conversion.
(5) The use of COUP vehicles is invoiced as follows: The chargeable rental period begins with the start of the rental process in the COUP App and is invoiced in accordance with the applicable Tariff Overview. The chargeable rental period expires with the termination of the rental procedure and locking up of the vehicle via the app (see Art. 9). If the particular freeride account of the customer shows a redeemable balance, the initial minimum rent time of the current ride will not be charged to the customer in the total invoice. Instead the freeride account will be reduced by one freeride, even if the minimum rent time has not been fully utilized. Each time a COUP vehicle is rented, a trip summary is created, and this can be examined using the COUP app. Following expiry of the invoicing period, an invoice is created and made available in the user account. The customer will be notified of new invoices via email.
(6) Payments as a private customer occur in accordance with the selected payment method. The customer is obliged to ensure that his or her selected payment method is sufficiently covered. If the amount withdrawn is subsequently debited by the bank due to insufficient funds, and the customer is found to be responsible for these circumstances, then the customer must pay the bank charges. COUP reserves the right to refuse payment methods indicated by the customer, for example if, in the case of the use of a credit card, it has been blocked or indications of misuse are present.
Art. 7 Assignment, Direct Debit Authorization and Debit Authorization
(1) COUP reserves the right to assign its claims arising out of the contractual relationship. The customer will be informed about a corresponding assignment in the respective invoice. In this case, the customer may only perform payments for the benefit of the assignee with debt-discharging effect. COUP furthermore remains responsible for general customer inquiries, customer complaints, etc.
(2) The customer revocably authorizes COUP - or, in the event of an assignment of the claim (Art. 7 (1)), the assignee of the claim - to charge the customer's credit card with the amount of the fee to be paid including any existing compensation claims against him or her that have arisen in connection with the individual rental agreement, or to charge the amount to any other means of payment stored in the COUP user account. In this case, COUP transfers the information necessary to perform the claim assignment to the assignee of the claim, who may not process or use this information for other purposes.
Art. 8 General Obligations of the Customer, Prohibitions
(1) If customers are subsequently obliged to contact COUP, then this must be via the landline number stored in the COUP app.
(2) The customer is obliged:
a) to handle the COUP vehicle being used with the utmost care, to observe the prescribed speed limit and to use the vehicle in accordance with the following directions:
● Use of COUP in general: Website (FAQ)
● eScooter Operation:
− Gogoro 1 (https://drive.google.com/a/g.itsacoup.de/file/d/13th8orBZTcb3qWGcyOSYgkP7ViXYwZCZ/view?usp=sharing)
− Gogoro 2 (https://drive.google.com/a/g.itsacoup.de/file/d/1hcqBTgPZG_h6kMjypTdTBQdwZPair0zn/view?usp=sharing),
b) to immediately notify COUP of damage caused by impact or accident or heavy soiling,
c) to continually insure the vehicle against theft; in order to do so, the customer must ensure that the vehicle is always locked after the rental period as well as following short-term parking, and this includes activation of the steering lock,
d) to ensure that the COUP vehicle is only used in roadworthy and operationally secure circumstances, and with a tire-pressure appropriate to local street conditions and the particular COUP automobile. Insofar as the circumstances require no change in tire pressure, the customer may follow the manufacturer’s specifications for the individual models (Gogoro 1: front 2,3 bar, rear 2,6 bar; Gogoro 2: front 2,6 bar, rear 2,9 bar);
e) to comply with all legal obligations in connection with the operation of the COUP vehicle, particularly on the basis of the Road Transport Law and Road Traffic Regulations, insofar as they are not assumed by COUP in accordance with this agreement,
f) to immediately stop the vehicle if a warning light shows up on the handlebar and/or dashboard and contact COUP in order to determine the possibility of continued travel, and
g) when making use of a COUP vehicle, to ensure, upon leaving the business area, that the vehicle battery demonstrates sufficient capacity for the return of the vehicle to the business area following use,
h) to ensure that his or her smartphone demonstrates sufficient battery capacity to terminate the rental agreement (if necessary, the smartphone may be charged in the boot/trunk during rental period),
i) note that, due to the electric motor, the COUP vehicle does not emit mechanical noises or operating noises, and is therefore more difficult for pedestrians and cyclists to notice, which requires increased attention on the part of the driver of the COUP vehicle.
j) to use the COUP vehicle only with appropriate protective headgear.
(3) The customer may not:
a) drive the COUP vehicle while under the influence of alcohol, drugs or medication, which could affect the driving performance. There is a strict, 0.0‰ prohibition on alcohol.
b) use the COUP vehicle for cross-country drives, motorsport events or races of any kind, to exhibit the COUP vehicle at fairs and other events or for other inappropriate purposes,
c) to use the COUP vehicle in weather conditions, which are unsuitable for the COUP vehicle owing to its particular characteristics (e.g. snow and ice),
d) to use the COUP vehicle for vehicle tests, driving courses or for commercial or professional purposes, unless COUP has consented to such use,
e) to entrust the COUP vehicle to an unauthorized driver (see Art. 2 (3)),
f) to use the COUP vehicle to transport materials which, due to their nature, composition, size, form or weight, may compromise the driving safety or damage the roller, or which are easily flammable, poisonous or otherwise dangerous and exceed household quantities,
g) to use the COUP vehicle for committing crimes,
h) to heavily soil, paint or put stickers on the COUP vehicle,
i) to transport more than one (1) passenger, in contravention of the vehicle registration,
j) to perform or have performed unauthorized repairs, modifications, alterations or other technical examinations on the COUP vehicle,
k) to transport children or infants under the age of 13,
l) to make trips abroad with the COUP vehicle,
m) to transport the COUP vehicle using a van or trailer, and
n) to move or displace any of the objects, in particular batteries, which comprise the vehicle's equipment,
o) to operate a COUP vehicle without having concluded a corresponding rental agreement and/or continue operation following termination of the rent. In the event of operation without a concluded, valid rental agreement, the customer is obliged to pay a contract penalty in accordance with the current applicable Tariff Overview. This shall only apply insofar, as the customer is unable to proof, that COUP suffered no or less damage, due to customer’s operation without a concluded and/or valid rental agreement. COUP reserves the right to assert damages in excess of this amount, as well as criminal prosecution.
p) to gain access to the COUP vehicle by any method or means other than the ordinary and proper use of the unmodified COUP app as means of access.
(4) The customer is responsible for ensuring that the total weight to be transported by the COUP vehicle, including driver and passenger as well as other items (e.g. backpack, bags and/or cases, headgear/helmet), is suitable to the local street conditions and the COUP vehicle being used. Under no circumstances may the manufacturer's prescribed maximum weight of 150 kg be exceeded.
(5) In general, COUP communicates with the customer via email or using the telephone number provided by the customer. The customer must ensure that he or she is available for emails and calls made by COUP to the customer in accordance with the contact information provided to COUP by the customer at the moment of registration or subsequently. To this end, the customer shall, among other things, ensure the corresponding configuration of the spam filter and check this email address on a regular basis. COUP reserves the right to select another, suitable form of correspondence.
Art. 9 End of Rent, Parking
(1) Should the customer wish to terminate a rental agreement, then he or she is obligated:
a) to inquire about existing parking opportunities located in the business area, which have been announced by COUP and to park the COUP vehicle in an orderly fashion and in accordance with the Road Traffic Regulation in either a specially designated parking space provided by COUP or, provided parking is permissible, to park in a metered space (using a valid parking authorization) or non-metered public parking. Every traffic violation or, where applicable, prohibition mandated by the property owner must be charged to the customer.
b) not to terminate the COUP rent on private or company premises (e.g. parking garages, rear courtyards, etc.). The prohibition also applies to the customer parking areas of shopping centers, supermarkets and restaurants, etc., which are designated as such. The COUP vehicle must be accessible at all times, and to everybody.
c) to store the protective helmet provided by COUP in orderly fashion under the seat of the COUP vehicle, and to lock the seat.
d) to ensure that the vehicle is locked.
(2) In an area with daytime or time-restricted parking (e.g. no-stopping/waiting areas with an additional sign present, such as “8h00 to 19h00” or “Tuesdays from 6h00 to 13h00”) the rental may only be terminated, if the restriction only becomes effective 48 hours following parking of the vehicle. This also applies to traffic restrictions that have already been ordered but are not yet in force (e.g. temporary parking prohibitions due to events or relocation).
(3) The rental may only be terminated,
a) if the COUP vehicle is located inside the COUP business area, bearing in mind that the limits of the business area may continually be examined online and via the COUP app,
b) if mobile telephone reception and Bluetooth connectivity and Internet connectivity are available at the location of the COUP vehicle. If in exceptional cases this turns out not to be the case, then the customer is required to re-park the COUP vehicle.
(4) The termination of a rental agreement is automatically initiated when parking the vehicle, as soon as the customer terminates the rental agreement via his or her means of access. Provided the COUP app confirms the end of the rental agreement, the rent is effectively terminated. If the customer leaves the COUP vehicle without terminating the rental agreement, then the rent continues to run at the expense of the customer.
(5) If the rental agreement may not be terminated for compelling reasons, then the customer is obliged to report this to COUP and to remain with the vehicle until COUP determines a further course of action. Additional rental charges are reimbursed following verification by COUP, if there appears to be no default on the part of the customer. A customer's fault exists, for example, if the COUP vehicle does not permit a termination of the rental agreement because the vehicle is outside the business area or the vehicle has not been locked.
(6) In the event of an accident, after which the vehicle can no longer be moved, the rental agreement is terminated, at the latest with the delivery of the vehicle to the towing company.
Art. 10 Procedures in the event of Accidents, Damages, Defects and Repairs; Traffic Violations
(1) The customer must report accidents, damage and defects, which occur during the journey, to COUP immediately by telephone. The same applies to accidents, damages and defects, which the COUP vehicle or objects belonging to the vehicle equipment already show at the beginning of rental period, see Art. 5 (3).
(2) The customer must ensure that all accidents involving a COUP vehicle, which he has driven, are recorded by the police. If the police refuse to record an accident, then the customer must immediately inform COUP of this by telephone and, if necessary, provide substantiating details. In such a case, the customer must determine the further course of action together with COUP and comply with any instructions issued by COUP. This applies whether the accident was caused by the customer or by a third party. The customer may only leave the place of accident, if
a) the police have finished recording the accident (or, if the police is not able to record the accident for any reason, COUP has been informed of the accident in accordance with Art. 10 (2) of this agreement), and
b) following consultation with COUP, if necessary, measures have been taken with a view to securing evidence and mitigation of damages, and
c) the vehicle has been delivered to a towing company, or, following consultation with COUP, has been otherwise safely parked and/or moved by the customer.
(3) In the event of an accident involving a COUP vehicle, which has been driven by the customer, the customer may not declare any assumption of liability or make similar statements. If a claim of liability is made despite the interdiction, this applies only directly to the customer himself. Neither the holder nor the insurer are bound by this undertaking.
(4) Irrespective as to whether an accident, which the customer has to report in accordance with Art. 10 (1), was caused by the customer or by a third party, COUP shall follow up on the report by contacting the customer (normally by telephone) to gather particulars of the accident for the purpose of recording the notice of claim to the insurer. The customer must cooperate for the purposes of the notice of claim by rendering (within reason) a complete and accurate depiction of the events of the accident. If the accident is not covered by the insurance due to a lack of reasonable cooperation by the customer, COUP reserves the right to charge the customer for all accident related costs for persons, objects and vehicles.
(5) In any event, COUP is responsible for indemnification payments in connection with damage to the COUP vehicle. If payments of this kind have accrued to the customer, then he or she must forward them, in unsolicited fashion to COUP.
(6) At the request of COUP, the customer must, at all times, disclose the precise location of the COUP vehicle and permit the inspection of the vehicle. At the request of COUP, the customer must prepare photographs and forward these to COUP.
(7) In the event of an accident, the customer is obliged to inform both the police and the fire department that an accident has occurred involving an electric vehicle.
Art. 11 Insurance Coverage
(1) The COUP vehicle is covered by third party liability insurance; the insurance documents are to be found in every eScooter, right under the seat. Moreover, there exists a limitation of liability in favor of the customer for damage to the COUP vehicle, which corresponds to a fully comprehensive insurance including partially comprehensive insurance with a deductible, in accordance with the following provisions.
(2) If the COUP vehicle is damaged due to customer’s fault during the period of use by the customer, then the customer is liable for this in the context of a deductible in accordance with the current applicable Tariff Overview. (https://joincoup.com/en/berlin/faq/how-much-is-coup) Further details regarding the liability of the customer are governed by Art. 13. The customer equally possesses the opportunity to reduce the personal contribution or deductible prior to or at the time of conclusion of the individual rental agreement, provided an offer is available. The respective conditions and prices may be taken from the offer, if applicable, and are to be confirmed by the customer.
(3) Unless otherwise agreed below, the General Conditions for Motor Insurance AKB 2008 published by the Gesamtverband der Deutschen Versicherungswirtschaft e.V. GDV (hereinafter referred to as "AKB") apply to the aforementioned insurance and the aforementioned limitation of liability: https://www.gdv.de/resource/blob/6178/d28c3de7b24b415ad67976ff4c0bf1e5/01-allgemeine-bedingungen-fuer-die-kfz-versicherung--akb-2015--data.pdf.
(4) If the customer violates an obligation governed by the AKB and this leads to exemption from performance on the part of the insurer, then the customer must provide COUP with full indemnification for the resulting damage. A limitation of liability to the (reduced) deductible does not apply in this case.
(5) In the event of a damage caused intentionally, the third party liability insurance lapses in its entirety.
(6) In the event of a damage caused intentionally or by gross negligence, the limitation on liability equally lapses (comprehensive insurance). In the event of damage, which has been caused in a grossly negligent fashion, the liability of the customer with respect to COUP is determined in accordance with the provisions of Art. 81 (2) VVG.
Art. 12 Liability of COUP, Accessibility, Weather-related Restrictions
(1) COUP is liable, in accordance with statutory provisions, for any damage caused intentionally or by gross negligence of COUP or its representatives or vicarious agents.
(2) In the event of slight negligence, COUP is liable only for the breach of an essential contractual duty, and only for foreseeable damage. Essential contractual duties are obligations, the fulfillment of which makes the proper execution of the contract possible at all and on which the customer may generally rely on.
(3) Limitations on liability do not apply in the context of guarantees issued, culpable injury to life, body or health, or for claims arising on the basis of the German Product Liability Act.
(4) The aforementioned exclusions and limitations on liability also apply with respect to the liability of the employee, representative or agent of COUP, in particular in favor of the shareholder, employee, representative, organ or its members, as far as their personal liability is concerned.
(5) A modification of the burden of proof to the detriment of the customer is not connected with the aforementioned provisions.
(6) COUP warrants 95% year-round availability of services via the server. Excepted hereof are periods during which the server remains inaccessible due to technical or other problems, which are beyond COUP's control (e.g. force majeure, fault of third parties, etc.). Equally excepted are periods during which routine maintenance work is conducted. COUP's liability for server inaccessibility in the event of willful intent or gross negligence remains unaffected.
(7) COUP is entitled to place restrictions on the use of vehicles in accordance with weather conditions (for example, snow, ice, hail, heavy rain), or, indeed, to suspend the use of vehicles altogether.
Art. 13 Liability of Customer, Contractual Penalties, Costs, Exclusion of Use
(1) The customer is liable to COUP for damage, which he or she has caused. This includes, in particular, the misappropriation, damage or loss of the COUP vehicle and accessories (including helmet). Furthermore, the customer is fully liable, if the damage or loss of the COUP vehicle or damage caused to another arose due to contravention of the above-mentioned GTC, violation of statutory provisions or of the general terms and conditions regarding motor insurance (AKB) by the customer or third party for whom he or she is responsible, thereby jeopardizing the insurance coverage. In the event of damage caused by the customer, the customer must indemnify COUP against the claims of third parties, insofar as no insurance coverage exists due to customer's fault.
(2) In the event of an accident due to customer’s own fault, the liability of the customer extends – up to the amount of the agreed deductible – with respect to incidental or consequential damages, such as, for example, expert costs, towing expenses, depreciation, loss of lease expenses, upgrading of insurance premiums, additional administrative costs. This limitation does not apply for service approaches according to the current Tariff Overview (https://joincoup.com/en/berlin/faq/how-much-is-coup) in case of an accident due to customer’s fault, even if the agreed deductible is already met. The limitation of liability in the amount of the deductible does not take effect in the event of mechanical damage caused by the customer due to misuse/faulty operation, gross negligence or willful intent or contravention of Art. 8 (3)(a). In the event of damage, which has been caused in a grossly negligent fashion, the liability of the customer with respect to COUP is determined in accordance with the provisions of Art. 81 (2) VVG. In the event of damage to a vehicle, the liability of the customer is limited to the respective deductible, if the COUP vehicle was used in accordance with the terms of the agreement and the damage was reported without undue delay.
(3) In the event of an accident due to customer’s own fault outside of the business area, the customer is also obliged to assume all costs associated with the re-transport of the vehicle back to the business area.
(4) The customer is fully liable for the consequences of traffic violations or criminal acts committed by the customer with the use of the COUP vehicle. He or she must pay all fees and costs arising as a result and must render COUP harmless against any claims brought by third parties.
(5) In the event that COUP is required to re-park the vehicle on the basis of a violation of Art. 9, or if a towing service is hired by a third party, then the customer must bear the costs incurred thereby, together with additional expenses, in accordance with the current Tariff Overview. (https://joincoup.com/en/berlin/faq/how-much-is-coup)
(6) The customer is obliged to pay a contractual penalty in accordance with the applicable Tariff Overview (https://joincoup.com/en/berlin/faq/how-much-is-coup), if he entrusts the COUP vehicle to an unauthorized driver (Art. 2 (3)). The assertion of further damage remains unaffected. A contractual penalty paid by the customer must be taken into account.
(7) There’re further costs and/or penalties in the Tariff Overview (https://joincoup.com/en/berlin/faq/how-much-is-coup) which have to be borne by the customer, if these were caused due to customer’s fault.
(8) In the event of significant, culpable breaches of the agreement, including a default in payment, COUP may temporarily or permanently exclude the customer from the use of the vehicle and block the means of payment and/or the user account. The customer must be notified of the exclusion via email.
(9) With regard to costs and/or penalties claimed by COUP from the customer, latter can proof, that he or she is not responsible for the damage, that no damage has occurred and/or the damage which has actually occurred is less than the corresponding costs and/or penalty. As long as the customer is able to proof, that he or she is not responsible for the damage or no damage has occurred, customer is not obliged to pay to COUP costs and/or penalties. If customer can proof, that the damage is less than the corresponding costs and/or penalty, customer only has to bear this amount.
The above rulings do not constitute any change in the burden of proof to the disadvantage of the customer.
Art. 14 Duration and Cancellation of the Master Agreement
(1) The master agreement is concluded for an undefined period of time. It can be terminated any day by either contracting party with one day's notice in text form.
(2) The contracting parties’ right of termination without prior notice on exceptional grounds remains unaffected. COUP, in particular, may terminate without notice, if the customer:
a) is a consumer and is in default to the extent of two overdue payments;
b) is an entrepreneur acting in the ordinary course of his or her business or independent professional activity and is in default to the extent of two overdue payments;
c) ceases making payments altogether;
d) provided incorrect information or suppressed facts at the time of registration or during the course of the contractual relationship, with the result that COUP is not expected to remain party to the agreement;
e) does not cease to perform material breaches of the contract despite a written warning or does not immediately remedy any consequences of such breaches that have already occurred;
f) has driven while under the influence of alcohol or drugs;
g) Has transmitted his or her customer login information (COUP user name, COUP password) to another person in contravention of Art. 2 (3).
(3) In the event of a termination without prior notice by COUP, access to COUP vehicles is immediately suspended upon receipt of the termination notice.
(4) If the master agreement is terminated for cause in accordance with the above section, then COUP possesses the following rights, in particular:
a) immediate return of any COUP vehicle currently used by the customer; if the customer fails to return the vehicle, COUP is entitled to take possession of the COUP vehicle at the expense of the customer;
b) claim for rental fee until return of the COUP vehicle;
c) claim for damages. As compensation for damages, COUP will issue the customer with an invoice for actual damages resulting from non-performance.
Art. 15 Platform for online dispute resolution, participation in dispute resolution procedure
(1) Applicable law obliges us to inform the consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for organisation of the platform. Here is the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/.
(2) We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.
Art. 16 Miscellaneous
(1) COUP expressly reserves the right to effect reasonable modifications to the GTC and the fee and cost policy. The customer is notified of modifications to the GTC via email and the publication of the GTC on the COUP website and app. Any modifications are considered to have been approved, if the customer does not provide objection in text form thereto within thirty (30) days following receipt of notice of modification. When providing notice of modifications, COUP shall make express reference to this consequence. The dispatch date is decisive for the purposes of the timeliness of the objection.
(2) The master agreement and the individual rental agreements are subject to the laws of the Federal Republic of Germany excluding the conflict of law provisions.
(3) In the event of the initiation of legal proceedings by the customer, the claim must be brought to a court in the Federal Republic of Germany or to the local court, where the customer is domiciled.
(4) Customers may only assign claims or other rights under this agreement to third parties following the receipt of COUP's prior written consent.
(5) There are no other oral agreements.
(6) Should any provision of this agreement be or becomes invalid, ineffective or unenforceable, in whole or in part, such provision or part thereof shall be treated as severable, leaving valid the remainder of this agreement. The parties agree to replace the invalid, ineffective or unenforceable provision by a valid, effective an enforceable provision, which economically best meets the intention of the parties. The same shall apply in the case of an omission.
(7) These General Terms and Conditions are executed in the German and English languages. In the event of any inconsistencies, the German version shall prevail.
Art. 17 Right of withdrawal
(1) With regard to the master agreement and the purchase of prepaid minute packages consumers are entitled to a right of withdrawal in accordance with the following provisions:
Instructions on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (COUP Mobility GmbH, Friedrichstr. 148, 10117 Berlin, email@example.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but it is not obligatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing of a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your withdrawal from this contract. We will use the same means of payment as you used in the original transaction for such reimbursement, unless expressly agreed otherwise with you; in no event will you be charged for such a reimbursement.
If you requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the exercise of your right of withdrawal in relation to the total services provided in the contract.
Sample withdrawal form
(If you wish to withdraw from this contract, please fill in this form and send it back.)
To COUP Mobility GmbH, Friedrichstr. 148, 10117 Berlin, firstname.lastname@example.org:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Address of the consumer(s)
Signature of the consumer(s) (only for paper communication)
(*) Delete as appropriate
(2) The customer is not entitled to withdraw his/her declaration to enter into an individual rental agreement for the rental of a COUP vehicle.
COUP Mobility GmbH