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General terms and conditions
1. Intro
The following are the terms and conditions that apply to the sale and delivery (‘Terms and Conditions’) of TYNe vehicles by the seller, ShareX Mobility AG, to you as the consumer (‘you’, ‘you’) for the website.
These General Terms and Conditions do not apply to the other services of ShareX Mobility AG, such as subscription and car sharing services. If you are interested in one of these services, please read the relevant terms and conditions here on our website.
We recommend that you read these terms and conditions carefully before placing an order with us. By placing an order, you agree to be bound by these Terms and Conditions and acknowledge that you have read them.
2. Company information
shareX Mobility AG, Albrecht-Villinger-Straße 10, 71332 Waiblingen
Commercial registerStuttgart: HRB 783254
Tax number: 90495/34565
Value added tax id: DE350590191
Seat of the company: Waiblingen
3. Contact information
shareX Mobility AG
Albrecht-Villinger-Straße 10
71332 Waiblingen
+49 (0) 7151-566803
info@tyn-e.com
4. Contractual components
The agreement for the purchase of a TYNe Vehicle is made up of the following contractual documents which together form the “Contract” between you and us:
A. The order confirmation
B. These General Terms and Conditions
In the event of contradictions or discrepancies, the documents shall take precedence in accordance with the order listed above, unless the context clearly indicates a different order.
Additional terms or agreements may apply to any additional goods or services you purchase from us in connection with the purchase of the TYNe Vehicle.
5. Placing an order
You can place an order (“Order”) for the purchase of a TYNe vehicle online via the TYNe Webstore at https://www.tyn-e.com.
To avoid misunderstandings: The display of TYNe Vehicles in the Online Store does not mean, and does not guarantee, that those specific TYNe Vehicles will be available at all times.
These terms and conditions are not intended to limit your statutory rights as a consumer in any way.
6. Order process
6.1. Orders
When you place an order for a TYNe Vehicle in our Online Shop (an ‘Order’), you are making a legally binding offer to enter into a contract of sale in accordance with these Terms and Conditions.
Any terms and conditions that you specify as part of the Order will only be valid if we have expressly accepted those terms and conditions in writing.
In order to purchase from the Online Shop, you must complete all mandatory fields truthfully and correctly before placing your order and you must be legally competent to place an order. This usually means that you must be over 18 years old.
When placing an order, you confirm and warrant that you are not on any United Nations, European Union or United States of America sanctions list or acting on behalf of any such person and that you will not sell, transfer or otherwise make available the TYNe vehicle to any such person. If it turns out that this is the case, your order will be cancelled immediately. In addition, we reserve the right not to reimburse you for any costs and cannot, as a matter of law, refund any costs already paid or any part of the purchase price.
If you place more than one (1) order as a consumer, we reserve the right to cancel any such additional orders. All TYNe vehicles are subject to availability.
If for any reason we are unable to fulfil your order, we will contact you to inform you as soon as possible.
6.2. Binding contract.
Once we have processed your order and confirmed that we can fulfil it, we will send you a written order confirmation (“Order Confirmation”). Upon receipt of the Order Confirmation, a binding contract of sale (“Contract”) will come into existence between you and us. The Order Confirmation will normally be sent to you within 2-4 days. If you do not receive it within this time, please contact our customer service. If the order confirmation is not sent within two (2) weeks, the order will be deemed to have been rejected and a new order (quotation) will be required.
Any automated message we send you in response to your order will not constitute a formal order confirmation unless it is expressly marked as such. The order confirmation will reflect the full content of the contract.
6.3. Change your order
Once we have processed your order and confirmed that we can fulfil it, we will send you a written order confirmation (“Order Confirmation”). Upon receipt of the Order Confirmation, a binding contract of sale (“Contract”) will come into existence between you and us. The Order Confirmation will normally be sent to you within 2-4 days. If you do not receive it within this time, please contact our customer service. If the Order Confirmation is not sent within two (2) weeks, the Order will be deemed rejected and a new Order (Quotation) will be required.
Any automatic message we send you in response to your order does not constitute a formal order confirmation unless it is expressly marked as such. The order confirmation reflects the full content of the contract.
7. Specification of a TYNe vehicle
During the ordering process, you have the option to choose between certain TYNe vehicle configurations. The TYNe vehicle configuration you select will be listed in the order confirmation. To ensure that your TYNe vehicle configuration meets your requirements, please check the order confirmation carefully and inform us of any errors as soon as possible.
Please note that any hardware, software or other product features released after your order will not be included in your chosen TYNe vehicle configuration. We reserve the right to make minor changes to the specifications or to make minor technical adjustments to the TYNe Vehicle after the contract has been entered into – provided that such changes do not materially affect the quality or performance of the TYNe Vehicle.
8. Cancellation of the order
You may cancel your order for your TYNe vehicle at any time up to the time of delivery of your TYNe vehicle by contacting Customer Services. Charges may apply if your TYNe vehicle is in a non-cancellable status e.g. delivery by a carrier.
9. Price and payment
9.1. Price
Der für den Kauf deines TYNe Fahrzeug geltende Preis ist derjenige, der zum Zeitpunkt deiner Bestellung im Online-Shop aufgeführt ist oder dir auf andere Weise in geeigneter Form mitgeteilt wird. Sofern wir nichts Anderes angeben, enthalten die im Online-Shop angegebenen Preise die Mehrwertsteuer (“MwSt.”), jedoch keine Lieferkosten, falls diese anfallen (“Preis”).
9.2. Purchase price
You can pay your purchase price in the way that is shown to you when you place your order. We accept the following payment methods: SEPA bank transfer. We reserve the right not to accept certain payment methods for an order and to refer to other payment methods. We only accept payments from accounts within the European Union (“EU”) and Switzerland and are not liable for any fees or charges imposed by third parties, including but not limited to banks or credit card providers. All credit and debit cardholders are subject to validation and authorization checks by the card issuer. If the issuer of the given credit or debit card refuses to authorize payment to us, you will receive a message stating that the payment could not be made. If your payment could not be processed, please try again or contact Customer Service for assistance.
The purchase price for your order must be received by us no later than fifteen (15) days prior to your selected pickup or delivery date. If you requested pickup or delivery of the vehicle within fifteen (15) days or less of your order, the purchase price must be received no later than three (3) days prior to your requested pickup or delivery date.
As the time for payment of the purchase price approaches, we will send you payment instructions to the email address you provided when placing your order. All details on how to make your payment are included in the payment instructions as stated above, but if you have any questions, please do not hesitate to contact customer service.
9.5. Default of payment and termination
Upon conclusion of the contract (after receipt of the order confirmation), you are obligated to pay the amounts of your order by the due date. However, we are not obliged to deliver your TYNe vehicle until we have received the full purchase price. If payment is not made, you will receive a payment reminder at the email address you provide. If full payment is not received by us within three (3) days of receipt of the payment reminder, we reserve the right to terminate the Agreement with you immediately without further notice.
9.6. Credit check
We reserve the right to evaluate your creditworthiness and eligibility based on your personal information and credit history. If you choose to pay by credit or debit card, we reserve the right to verify the validity of the credit or debit card, its available credit line in relation to the value of the order, and the accuracy of your personal information, which must match the information provided in the order.
We reserve the right to engage a credit reporting agency to perform the credit check. Such credit reporting agency may make a search entry in your credit file, which may also be viewed by other organizations. You may also receive notice from the credit reporting agency that we have performed a credit check on you. We may decline orders or the payment option you select based on this check. Please note that in the event of a credit denial, you have the right to be informed of the reason for such denial.
10. Delivery
10.1. General
The various delivery options we offer are subject to their respective availability. For orders placed in the online store, we deliver only within Germany.
For more information on our various delivery options, please see our delivery terms on our website. Unless you are notified otherwise in writing, the delivery charge includes customs and government fees, shipping and handling charges for delivery to you, but does not include delivery charges for returns.
Upon completion of the order process and receipt of the order confirmation, we will contact you through Customer Service to arrange pickup or delivery of the vehicle in detail and provide you with delivery times. As soon as you have selected your pick-up or delivery date, you will receive a written confirmation (text form is sufficient).
Delivery times are estimates and while we will always do our best to deliver within the estimated timeframe, we cannot guarantee exact delivery times for a variety of reasons. We will keep you informed should we not be able to deliver on time by the delivery date requested by the customer.
Your TYNe vehicle’s license plate information will be provided to you prior to or in conjunction with the delivery of your TYNe vehicle.
When we deliver your TYNe vehicle, we will ask you to provide proof of identity and, if required, proof of eligibility and to sign a delivery confirmation. We reserve the right to refuse to deliver the TYNe vehicle to you if you cannot provide proof of eligibility and/or proof of payment of the purchase price.
The various delivery methods we offer are subject to availability as well as the terms and conditions of our delivery policy.
10.2. Delivery changes
You can in certain cases change the delivery method you have chosen. Although this is not always possible, we will do our best to accommodate such requests. In some cases this is only possible for a fee, which you will have to pay in such a case. We will always inform you before agreeing to the delivery change if there is a fee for the change. If you change the delivery method you have chosen from one provided by us free of charge to one offered by us for a delivery fee, we will add the delivery fee to your purchase price.
For more details on whether and how you can change your delivery method and in what situations a change fee will apply, please see the Delivery Terms on the Website.
10.3. Delayed delivery
If we have any problems delivering the TYNe vehicle to you, we will notify you as soon as possible that the delivery will be delayed and provide you with an estimated new delivery time. Please read the delivery terms on the website for more information on this,
how a delayed delivery will be handled. If the timing of delivery of your TYNe vehicle is material to you, you must notify us in writing when you place your order.
10.4. Orders not accepted
If for any reason you do not take delivery of your TYNe vehicle in accordance with your chosen method and time of delivery, your order will be returned to us and we will charge you for the cost of return shipping as stated in the delivery terms on the website.
11. Property
Ownership of the TYNe vehicle will not pass to you until the purchase price has been paid in full. If, due to delays in payment on your part, the TYNe vehicle is delivered to you prior to receipt of full payment of the purchase price, we reserve the right to repossess the TYNe vehicle without notifying you of our intentions.
12. Right of withdrawal
12.1. General
When you place an order with us in the online store, you have a legal right to cancel the contract within 14 (fourteen) days after receipt of the TYNe vehicle.
This legal right does not apply to a TYNe vehicle purchased in a Pop Up.
12.2. Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract
shareX Mobility AG
Albrecht-Villinger-Straße 10
71332 Waiblingen
Telefon: +49 (0) 71 51 5 66 – 8 03
info@tyn-e.com
by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
12.3. Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment we use the same means of
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics and functionality of the goods.
The right of withdrawal only applies to consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
12.4. Vehicle condition upon return
When we have received the returned car, we will check it. You will only have to pay for any loss in value of the TYNe car if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods. If a loss in value for which you are responsible is established, we will deduct an amount corresponding to the reduced value of the car from the amount you will be reimbursed.
13. Deficiencies
If, after receiving your TYNe vehicle, you discover that it is defective or damaged, you have the legal right to claim that it was not free from defects in accordance with your order at the time of delivery. It is important and we recommend that you carefully inspect your TYNe vehicle upon delivery to ensure that it conforms to your order and is not damaged or defective. We reserve the right to conduct an acceptance inspection with you at the time of delivery or handover of the TYNe vehicle and to record the result of the acceptance in a
protocol. The inspection of the TYNe vehicle is based on the condition of the TYNe vehicle at the time of delivery.
If you find that the TYNe vehicle you have received is not in conformity with the contract, damaged or defective despite our efforts, we recommend and ask you to notify us as soon as possible, either as soon as you have taken delivery of the TYNe vehicle and become aware of the damage, defect or non-conformity, or when it becomes apparent to you.
You can inform us and register your complaints by contacting customer service.
We are not liable for defects that were known to you at the time you entered into the contract with us or that should have been known to you. We are not responsible under any circumstances for any damage, loss or defect resulting from incorrect use of the TYNe vehicle or from ordinary wear and tear.
14. New car warranty
New cars from ShareX Mobility AG are delivered with a new car warranty (“Warranty”). We ask you to read and familiarize yourself with the terms and details of the Warranty, which you can find in the Warranty Certificate. Please note that the Warranty gives you, as a consumer, additional rights to the legal rights mentioned above. You will also receive a copy of the warranty when your TYNe vehicle is delivered to you.
At your request, the warranty can also be provided to you on a durable medium. Please contact customer service for more information.
15. Car manual
Upon delivery, you will receive a user manual (“Car Manual”) for your TYNe vehicle. The Car Manual is your manual for your TYNe vehicle and contains important information about the operation of your TYNe vehicle. We urge you to read and become familiar with the Car Manual before using your TYNe vehicle. The Car Manual may be updated and supplemented as new features are released in your TYNe vehicle.
16. Roadside assistance
Through our Partner, we offer Roadside Assistance Service (“RSA”) for a period of twenty-four (24) months from the date your TYNe Vehicle is first registered to you.
17. Liability and limitation of liability
These General Terms and Conditions exclude or limit our liability in respect only to the extent permitted by law.
We shall be liable in accordance with the statutory provisions for damage caused by us or our vicarious agents and assistants through intent and gross negligence. ShareX Mobility AG shall only be liable for simple negligence in the event of a breach of an essential contractual obligation and the amount shall be limited to foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance a user may regularly rely. The provisions of this paragraph also apply to our legal representatives and vicarious agents.
The limitations of liability do not apply in the context of guarantees given or in the event of injury to life, limb or health.
18. Force Majeure
Neither Party shall be liable for any failure or delay in performance of its obligations under this Agreement if and to the extent such failure or delay is caused by circumstances beyond the Party’s control which the affected Party could not reasonably have foreseen or prevented by taking reasonable precautions (“Force Majeure”). Force Majeure shall include (without limitation) natural disasters, war, riots, terrorism, civil commotion, mobilization, general energy supply disruptions, confiscation, currency restrictions, epidemics/pandemics, global supply shortages and disruptions, and governmental intervention and/or decisions (other than events caused by the Party’s failure to perform its obligations under applicable law or this Agreement) and similar circumstances.
20. Ownership of rights
The rights relating to images, videos and other materials shown in the online store or marketing materials, as well as any intellectual property shown in connection with the TYNe vehicle, are owned by or licensed to ShareX Mobility AG and may not be used without our consent.
The images, videos and other materials shown in the online store or marketing materials are for illustrative purposes only. We have made every effort to represent sizes, colors and details as accurately as possible, but your TYNe vehicle may differ from the images.
21. Transfer of rights and obligations
We reserve the right to use subcontractors to perform our obligations and may assign or transfer our rights under the Contract to third parties. This will not affect your rights or our obligations under these Terms and Conditions. We will notify you in writing in any case when this happens. You
are not permitted to transfer any unfulfilled obligations to a third party without our prior written consent.
22. Privacy
We are the data controller for the processing of your personal data when you register, use the Website and place an order. For information about how we process your personal data, please see our Privacy Policy, which is available on the Website.
For the personal data collected in connection with the use of TYNe vehicle, please refer to the applicable privacy notice on our website here.
24. Severability clause
If any provision of the contract or these GTC is invalid, illegal, void or for any reason unenforceable, the validity or application of the remaining provisions shall not be affected (§ 306 para. 1 BGB).
25. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply exclusively to the entire contract including its annexes, insofar as this is legally permissible and nothing to the contrary is expressly stipulated in the contract.
In all disputes arising from the contractual relationship, you may bring an action before the court having jurisdiction over your place of residence or the court having jurisdiction over our place of business.
If we wish to assert any of our rights against you as a consumer, we will do so only in the courts of the country in which you are domiciled.
The General Terms and Conditions serve to regulate the business relationship between TYNe GmbH, hereinafter referred to as TYNe, and subscribers.These GTC apply to all contracts for the booking of subscription offers that are concluded between TYNe and subscribers.
1. Content
The content of the booking of subscription offers is the mobility solution offered by TYNe, which enables the subscriber to use a vehicle for the minimum period of 6 months and beyond (“car subscription”) in a mobility package for a flat monthly and kilometre fee. This all-inclusive monthly fee includes as a lump sum, in addition to the use of the vehicle, the costs for registration with the manufacturer (TYNe GmbH), payment of the annual premium for third-party, partial and comprehensive insurance, vehicle tax, radio licence fees, maintenance and wear-and-tear repairs as well as inspections in accordance with the following conditions.
2. Booking and conclusion of contract
2.1 The booking of a car subscription takes place online via the TYNe website www.TYNe.de.
A prerequisite for the conclusion of a subscription is a positive credit check by TYNe, a query with Schufa Holding AG, Kormoranweg 5 in 65201 Wiesbaden and Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, as well as the presentation of a valid driving licence of the required driving licence class, the presentation of a copy of an identity card (front and back) and the payment of a security deposit by the subscriber. This is to be paid by the subscriber by means of an established SEPA mandate to a deposit account named by TYNe.
2.2 The subscriber initially has the option of requesting individual car subscriptions on the website, at TYNe without obligation.
2.3 The binding contract including these Terms and Conditions shall only come into effect when TYNe sends the subscriber a final booking confirmation in text form (§ 126b BGB). The confirmation of receipt of the booking request sent to the subscriber after the booking request has been transmitted does not constitute acceptance on the part of TYNe. TYNe reserves the right to reject a contract conclusion or the corresponding offer in the event of a negative credit check without further justification.
3. Subscribers, Authorised Drivers, Authorised Third Parties
3.1 Subscribers may be private and company subscribers with their place of residence or company headquarters in the Federal Republic of Germany. The vehicle may only be driven by the subscriber and additionally by the drivers specified in the respective booking agreement, who are to be named before conclusion of the contract (“authorised drivers”). In the case of company subscribers, the vehicle may only be driven by the natural persons specified as authorised drivers.
3.2 The Subscriber (if a natural person) and Authorised Drivers may let their respective first-degree relatives (parents, children), the spouse or non-marital partner of the Authorised Driver use the vehicle for individual journeys if and insofar as they have the same place of residence (address subject to registration) as the Subscriber or the Authorised Driver (“Authorised Third Parties”). The subscriber must ensure that the obligations arising from the car subscription, including these GTC, are also complied with by the authorised drivers and authorised third parties. Upon request, the group of Authorised Drivers may be extended at any time, provided that TYNe has given its consent in text form.
3.3 Authorised drivers must be at least 21 years of age and have been in possession of a driving licence valid in the Federal Republic of Germany for at least 3 years without interruption and must fulfil any conditions and requirements contained therein.
3.4 TYNe is entitled at any time during the term of the car subscription to carry out a driving licence check on the subscriber, provided that the subscriber is a natural person.
3.5 Subscribers must independently check before the start of the journey whether the respective Authorised Driver or Authorised Third Party is fit to drive, is in possession of a driving licence valid in the territory of the Federal Republic of Germany and fulfils the requirement in accordance with section 3.3; the same applies to an Authorised Driver who leaves the vehicle to an Authorised Third Party. In addition, the subscriber must ensure that TYNe can be informed at any time about who has used the vehicle as the authorised driver and at what time.
3.6 If an authorised driver or authorised third party does not fulfil the personal requirements of clause 3 of these GTC, the contractual obligations of the subscriber, in particular the payment of the monthly fee plus the minimum kilometres, remain unaffected. Moreover, the obligation to pay the monthly fee plus the minimum kilometres also remains in force if the subscriber no longer fulfils the requirements of clause 3.3 after conclusion of the contract. This automatically triggers the cancellation period (see clause 15).
The Subscriber and each Authorised Driver undertake to notify TYNe immediately of the loss of a driving licence, a driving ban or the seizure or confiscation of the driving licence and to strictly refrain from driving the vehicle during this period.
3.7 The Subscriber shall ensure that the obligations arising from these GTC are also complied with by the Authorised Drivers and Authorised Third Parties. Subject to the motor vehicle insurance cover existing after booking, which also exists in favour of drivers entitled to use the vehicle and third parties entitled to use the vehicle, the subscriber is liable for drivers entitled to use the vehicle and third parties entitled to use the vehicle as for his own fault, i.e. he must accept responsibility for their culpable conduct.
3.8 The subscriber is obliged to immediately report any change in his or her data (name or company name, address, bank details), a change of employer, a significant deterioration in his or her income situation and, upon request, to provide information at any time about third parties entitled to use the vehicle who are driving or have driven the vehicle.
4. Services included in the car subscription
4.1 For a monthly subscription fee and a kilometre fee, the selected vehicle is made available to the subscriber for use. The registration costs, motor vehicle insurance for third-party liability, partial and comprehensive insurance, motor vehicle tax, radio costs and the costs for maintenance and wear-and-tear repairs and inspections as well as the general inspections, including UVV inspection for company subscribers, are included in the total monthly costs.
The selected vehicle is registered at TYNe’s registered office. Before the vehicle is handed over, but at the latest when the vehicle is handed over, the subscriber will receive the registration certificate part I.
The costs for all maintenance and wear and tear work required during the term of the subscription according to the agreed mileage in accordance with the service intervals of the respective manufacturer as well as costs for the general inspection shall be borne by TYNe.
4.2 Likewise, TYNe ensures year-round tyres through all-weather tyres as well as wear-related tyre changes. TYNe is responsible for selecting the size, make and material of tyres and rims.
The subscription offer does not include the consumption of service fluids of any kind (e.g. windscreen washer fluid). These costs must be borne by the subscriber and any necessary operating fluids must be topped up in accordance with the vehicle’s operating instructions; the subscriber’s liability for incorrect operation remains unaffected.
TYNe will register the respective booked vehicle with the responsible contribution service of the public broadcasters on behalf of the subscriber and will pay the broadcasting costs for the respective booked vehicle when due.
4.3 TYNe shall take out partial and comprehensive insurance with an excess in favour of the subscriber for the vehicle, which shall include the subscriber, the drivers entitled to use the vehicle and third parties entitled to use the vehicle as insured persons. The General Terms and Conditions for Motor Insurance of the insurer, which are presented to the subscriber prior to conclusion, shall apply. The deductible for fully and partially comprehensive damage is between 750 euros and 1500 euros, depending on the vehicle, and is specified in the contract.
4.4 The subscriber receives an insurance certificate which states that, in the event of the effective conclusion of a subscription contract, the subscriber will also be an insured person under a group insurance contract concluded between TYNe and the insurer. The rights and obligations of the subscriber under the insurance contract result from the insurance certificate and the insurance conditions, which can be read in the separate insurance certificate and the insurance conditions after successful subscription booking.
According to the principles of a full and partial comprehensive insurance, there is in particular no insurance cover for damage intentionally caused by the subscriber, the driver authorised to use the vehicle or third parties authorised to use the vehicle (“loss of insurance cover”). In the event of damage caused by gross negligence, the insurance benefit shall be reduced in accordance with the principles of comprehensive and partial casco insurance in proportion to the severity of the fault on the part of the subscriber.
If the aforementioned loss of insurance or reduction in benefits under the comprehensive and partial casco insurance is due to the conduct of a driver authorised to use the vehicle or a third party authorised to use the vehicle, the subscriber shall be liable for the lack of cover. The Auto-Abo vehicle is covered by a motor vehicle liability insurance policy that complies with the requirements of the PflVG (Compulsory Insurance Act). Here, there is a sum insured of 100 million euros for personal injury, property damage and financial loss; the sum insured for personal injury is a maximum of 15 million euros per injured person.
The subscriber is entitled to make a claim under the third-party liability insurance (e.g. damage to a third-party vehicle), the partial cover insurance (e.g. in the event of stone impact or glass breakage) and the fully comprehensive insurance (e.g. self-inflicted accident damage, vandalism, parking damage) for each case of damage. For each case of damage, the subscriber is obliged to pay the deductible for the partial or fully comprehensive insurance set out in the booking agreement and must comply with the procedure for reporting and settling claims described in section 10 of the GTC in each case of damage.
In the event of damage amounts which do not exceed the respective deductibles of the partial or comprehensive insurance in the individual case of damage, the subscriber shall directly bear the repair costs incurred. The execution of repairs, the coordination between TYNe and the subscriber and the release shall be governed by section 7.8 of the GTC.
4.5 For each kilometre driven during the term within the maximum kilometre/month mileage defined, the exact monthly mileage will be invoiced after 4 weeks, but at least the mileage agreed as the minimum. Additional kilometres will be invoiced at the stated kilometre costs, reduced kilometres will then be credited to the next month. If the end of the subscription period has been reached, the reduced kilometres accumulated up to the return of the vehicle will be forfeited. The subscriber is not entitled to any form of compensation for these.
4.6 TYNe reserves the right to
– contact the customer during the subscription period and ask for the mileage on the speedometer, if necessary with a picture. The customer undertakes to comply with this.
– to charge the customer for the additional kilometres driven according to the speedometer after comparing the kilometre readings according to the vehicle speedometer data transmitted with the kilometre readings reported via the tracker.
5. Vehicle handover, damage to the vehicle
5.1 TYNe will notify the subscriber immediately of the provision of the booked vehicle and agree on a handover date and place. Unless otherwise agreed in the booking agreement, the subscriber shall collect the vehicle from the notified handover location at his own expense on the agreed date. The subscriber or a person authorised by the subscriber to accept the vehicle (driver entitled to use the vehicle or third party entitled to use the vehicle) must present at the handover location, in the case of delivery at the delivery location, a driving licence authorised to drive the vehicle and valid in Germany as well as a valid identity card or passport, provided that this also includes the current address of the person collecting the vehicle. The original driving licence and identity card will be checked when the vehicle is handed over. Otherwise, the vehicle may not be handed over.
5.2 The vehicle is handed over to the user in a roadworthy condition with a minimum charge for electric vehicles with a minimum range of 100 km. Upon delivery of the vehicle and the associated recorded signature of the subscriber or the person authorised by the subscriber to collect the vehicle, the risk shall pass to the subscriber. § Section 300 BGB (transfer of risk at the time of default of acceptance by the subscriber) remains unaffected by this regulation. If TYNe exceeds the delivery date by more than 2 weeks for reasons for which it is responsible, the subscriber shall have the right to extraordinary termination of the booking agreement. Any advance payments, security deposits and the costs of the start package (clause 11) shall be refunded to the subscriber in this case.
5.3 If the subscriber or the person authorised by the subscriber to accept the vehicle does not accept the vehicle on the agreed handover date at the handover location or delivery location, or if the vehicle cannot be handed over to the subscriber or the person authorised by the subscriber to accept the vehicle on the agreed handover date for the reasons described above, a replacement date will be agreed for a fee of 199.00 euros including VAT. A fee of 250.00 Euro incl. VAT will be charged for each additional replacement date, unless the subscriber is not responsible for the failure of the first handover or the failure of the respective replacement date.
5.4 Upon handover, the respective vehicle is inspected by a knowledgeable TYNe employee and any damage is recorded in a protocol. This also applies to the completeness of the accessories. This protocol is signed by the subscriber or his authorised representative with the findings made. If the subscriber or his authorised representative does not agree with the findings or parts thereof, this shall be noted in the record.
6. Vehicle take-back
6.1 After the expiry of the notice period and at the end of the contract term, TYNe shall agree with the subscriber on a date for the return of the vehicle to its place of business or the delivering branch. The vehicle must be taken back within 5 working days of the expiry of the notice period. Unless otherwise stipulated in the booking agreement, the subscriber shall take the vehicle to the take-back location on the agreed date at his own expense. The vehicle must be cleaned inside and out. Previously unknown damage must be reported at the time of handover. When the vehicle is taken back, the take-back check will be carried out. This must then be signed off by the subscriber.
If the return of the vehicle fails, a replacement appointment will be arranged for a fee of 199.00 Euro incl. VAT. A fee of 250.00 Euro incl. VAT will be charged for each further replacement appointment, unless the subscriber is not responsible for the failure of the first return or the failure of the respective replacement appointment.
6.2 Upon return, the respective vehicle will be inspected by a competent TYNe employee and any damage will be recorded in a protocol. This also applies to the completeness of the accessories. This protocol is signed by the subscriber or his authorised representative with the findings made. If the subscriber or his authorised representative does not agree with the findings or parts thereof, this shall be noted in the record.
If no agreement can be reached on the condition of the vehicle upon return, an expert opinion commissioned by TYNe or its partner from an independent expert such as TÜV, Dekra or GTÜ shall be decisive for the final assessment of the vehicle upon return. The right to assert claims for damage or defects not recognisable upon return remains unaffected by this.
6.3 If the vehicle is not returned to TYNe in a perfect, complete, roadworthy and operational condition corresponding to the contractual mileage (see also return check, among other things washed on the outside and cleaned on the inside as well as cleaned second tyres, if applicable) or if it is not returned to TYNe with all keys and documents provided (in particular registration certificate part I, service booklet) as well as accessories or if the prescribed maintenance and inspections cannot be proven, the subscriber shall be obliged to compensate for the damage incurred.
6.4 If the vehicle has defects or damage which cannot be attributed to normal ageing or contractual wear and tear, or if the vehicle does not comply with the regulations of the StVZO, the subscriber shall not be liable to TYNe, insofar as these damages are covered by the existing insurances (excluding the own contribution). There is no obligation to compensate for contractual signs of wear and tear that are reasonable for age and mileage, as well as for conditions that were already present at the time of handover to the subscriber, as evidenced by the handover protocol; this refers to so-called previous damage.
6.5 If no agreement is reached on the amount of the repair costs or the reduced value when the vehicle is taken back, another motor vehicle expert will be commissioned to determine the extent of the defects and the amount of the repair costs and the reduced value. Should the motor vehicle expert make findings regarding conditions on the vehicle that are contrary to the contract and that are not due to signs of use or previous damage already reported by the subscriber, the subscriber shall bear the costs of this appraisal. The expert’s report resulting from the expert’s examination will be the basis for the calculation of damages in the respective final invoices.
7. Contractual use
7.1 The subscriber undertakes to treat the vehicle with care in accordance with the operating instructions, to keep it in a roadworthy and operationally safe condition and not to use it for any purpose other than that stipulated in the contract and to lock the vehicle properly at all times. The subscriber undertakes to comply with the legal requirements for a vehicle keeper.
7.2 The vehicle may not be used
for motor sport purposes, in particular driving events in which the achievement of a maximum speed is important or for the associated transfer drives, for vehicle tests or driving safety training, for commercial passenger transport (e.g. use as a taxi, driving school car, ambulance transport or similar), for journalistic purposes (publication of test reports and experience reports to the press or publication on the Internet, e.g. in social media etc.), for renting out for free or free of charge including car sharing, for the commission of criminal offences even if these are only punishable under the law of the place of the offence. (e.g. in social media, etc.), for renting or leasing free of charge, including car sharing, for the commission of criminal offences, even if these are only punishable under the law of the place where the offence was committed, for the transport of highly flammable, toxic or otherwise dangerous substances.
7.3 Smoking in the vehicle is strictly prohibited, in case of violation an additional cleaning fee of at least 200.00 Euro plus VAT will be charged to the subscriber.
7.4 The costs for fuel, usage costs (e.g. tolls), fines and penalties for traffic violations as well as the costs for cleaning and maintenance of the respective booked vehicle are borne by the subscriber during the respective term of the booking. The subscriber confirms with his signature to use the vehicle predominantly in Germany. Temporary uninterrupted use abroad may not exceed 4 weeks.
7.5 No modifications of a technical or optical nature (such as the application of stickers, conversions or vehicle tuning) may be made to the vehicle at any time or in any way without the prior written consent of TYNe.
7.6 The vehicle booked in each case may only be driven in the following countries in addition to Germany:
Austria, Switzerland, Italy, Spain, Portugal, France, Croatia, Czech Republic, Slovenia, Slovakia, Hungary, Poland, Belgium, Netherlands, Denmark, Norway, Sweden, Finland, Estonia, Latvia, Lithuania, Greece, Liechtenstein, Luxembourg. Shipment to all countries not listed here is expressly prohibited. When driving abroad, the subscriber is obliged to carry all necessary documents and safety accessories, such as sufficient high-visibility waistcoats, in the vehicle. The risk resulting from an assignment outside Germany shall be borne in full by the subscriber, insofar as it is not covered by the motor vehicle insurance. In the event of claims abroad, the subscriber may have to pay the costs of claims settlement.
7.7 The Subscriber undertakes to have any necessary maintenance and wear-and-tear repairs carried out during the term and within the mileage agreed in the booking in accordance with the service intervals of the respective manufacturer, the costs of which shall be borne by TYNe in accordance with clause 4.1, and to operate the vehicle in accordance with the operating instructions. If the vehicle is used by a company subscriber for business trips, it is the subscriber’s responsibility to ensure a timely, expert inspection in accordance with UVV. The subscriber is obliged to immediately report messages from the vehicle electronics regarding maintenance, inspections, damage or malfunctions.
7.8 Maintenance, repairs and workshop work on the vehicle may only be carried out with the prior written consent of TYNe within the Federal Republic of Germany at the respective TYNe partner. This also applies to the installation or removal of accessories, maintenance and repairs within the scope of the scheduled maintenance and inspection intervals.
The subscriber shall be liable for any damage resulting from the breach of the above provisions, in particular subsequent additional costs for repair and maintenance, a reduction in the value of the vehicle, restrictions or failures of the manufacturer’s and/or dealer’s warranty. This does not apply if the damage in question is the fault of a third party or if the Subscriber is not responsible for the breach of duty.
7.9 In icy, slippery, slushy, icy or frosty conditions, the vehicle may only be driven with tyres suitable for this weather. The vehicle is normally equipped with all-weather tyres. In the case of special use on ice and snow and driving over closed snow cover, the use of snow chains is recommended, which must be procured at the driver’s own expense. A change to winter wheels can be offered at an extra charge and must be notified at least 4 weeks before the need arises.
7.10 If the vehicle is delivered on all-weather tyres, please note that some countries have a winter tyre obligation. The subscriber is obliged to inform himself beforehand and bears the risk in the event of damage.
8. Traffic violations
8.1 The subscriber shall ensure that the necessary measures are taken vis-à-vis the regulatory authorities in the event of traffic violations related to the vehicle. TYNe shall report the subscriber to the regulatory authorities with the indication that the keeper obligations have been imposed on the subscriber, as well as the names of the drivers entitled to use the vehicle who have been named by the subscriber in the booking agreement, together with the indication of who is deemed to be the third party entitled to use the vehicle. The subscriber shall indemnify TYNe in full against all claims and costs (in particular warning and penalty fines, logbook requirements in accordance with § 31 a StVZO) in the event of traffic violations related to the vehicle for which the subscriber, the authorised driver or an authorised third party is responsible.
In this context, express reference is made to special features under the Austrian and Swiss Road Traffic Regulations, among others, which may lead to criminal prosecution of organs of the licence holder in the event of infringements and non-compliance (driver information).
8.2 In the event of a violation of the law committed abroad in connection with the use of the vehicle, which is asserted against TYNe as the owner (e.g. parking violations, speeding violations, etc.), the fine or penalty payment may be disbursed and subsequently invoiced to the subscriber. The collection takes place with the monthly statement and is shown separately.
9. Failure
In the event that the subscriber is temporarily or permanently unable to use the vehicle for reasons for which TYNe is not responsible, the subscriber shall have no claims against TYNe for compensation for loss of use and/or reimbursement of rental car costs.
10. Claims settlement
10.1 In accordance with the principles of comprehensive and partial comprehensive insurance and motor vehicle liability insurance and in accordance with the AKB, which are part of the GTC and are stored in the customer login, the subscriber is obliged to report any damage to the vehicle immediately.
10.2 According to the regulations of the comprehensive and partial comprehensive insurance and the motor vehicle liability insurance in accordance with the AKB, the subscriber must do everything that is necessary to clarify the insured event and the scope of the obligation to pay benefits according to. The subscriber is obliged to ensure that all measures necessary to minimise the damage and to preserve evidence are taken. This includes, in particular, that no admission of guilt is made by the subscriber, authorised driver or authorised third party and that no details of the matter are given to insurers of other parties involved in the accident.
10.3 If the subscriber intentionally violates one of these above points, he has no insurance cover in accordance with the principles of a full and partial cover insurance under the AKB. If the subscriber breaches his obligations through gross negligence, TYNe is entitled, in accordance with the principles of a full and partial cover insurance policy under the AKB, to reduce the benefit in proportion to the severity of the fault. If the subscriber proves that he/she did not breach the obligation through gross negligence, the insurance cover shall remain in full force and effect. Notwithstanding the above, TYNe shall be obliged to indemnify insofar as the subscriber proves that the breach of duty was not the cause of either the determination of the insured event or the determination or the scope of the obligation to indemnify. This does not apply if the subscriber breaches the obligation fraudulently.
10.4 Accidental damage must be reported immediately in text form and only repaired by the subscriber after consultation with and approval by TYNe. As a rule, the repair should always be
the workshop of the TYNe partner.
In the event that the subscriber is exempt from liability under the terms of the existing motor insurance policy, TYNe will decide whether the vehicle should be repaired.
10.5 The insurance-related handling of all vehicle-related damage is carried out exclusively by TYNe and for damage to the vehicle for which a third party or its insurer or the subscriber is liable, will be repaired in the name and for the account of ViveLaCar by the VLC partner in whose ownership the vehicle is.
10.6 TYNe may, if necessary and at its own discretion, and after weighing up the interests of both parties, instruct a specialist lawyer to settle the claim and coordinate with the subscriber for the claims to be pursued. Should there be a loss of insurance or a reduction in benefits in the event of a claim, the costs of legal action will be charged to the subscriber in accordance with the loss ratio, in accordance with the fault of the subscriber.
10.7 TYNe is entitled to any compensation from third parties or their insurers arising from vehicle-related damage. The subscriber is obliged to provide all data and documents required for this purpose, in particular regarding the cause of the damage, the cause of the damage and the expected extent of the damage. A claim form is available on the website at …..
10.8 TYNe shall be entitled to compensation from third parties or their insurers for loss of value. If, in the event of settlement on the basis of an expert opinion/repair cost calculation, the amount stated in the expert opinion/repair cost calculation exceeds the actual repair costs incurred, this amount shall not be due to the subscriber. The subscriber is not entitled to replacement mobility in the event of damage.
11. Start-up package, subscription costs, kilometre costs, invoicing, terms of payment
11.1 The subscriber will be invoiced for the start-up package in the amount of 200.00 Euro excl. VAT each time a booking agreement is concluded. This includes the provision of the booked vehicle.
11.2 The amount of the monthly subscription costs for the booked car subscription can be found in the booking agreement; this will be invoiced by TYNe every 4 weeks, together with the costs for additional kilometers (kilometers driven – but at least the agreed minimum kilometers with the agreed cent factor) as well as any costs incurred due to traffic violations. If the vehicle is not handed over or taken back on the first or last day of the month, the first or last monthly payment will be calculated on a pro rata basis for the first and last day of the month until the day the vehicle is actually taken back. The mileage will be transmitted to TYNe’s central data center at the end of the month and will be the basis for the calculation. Deviating mileage readings are to be reported immediately.
11.3 The transmitted data status is considered binding – the subscriber is free to prove otherwise. The prices stated in the booking include VAT at the respective statutory rate.
11.4 Payments by the subscriber can only be made without cash via SEPA direct debit. In the event of a returned direct debit for which the subscriber is responsible, the subscriber shall pay a flat-rate fee of 15.00 euros including VAT. The subscriber reserves the right to prove that no or lower costs were incurred.
11.5 The Subscriber agrees that invoices will be sent in principle in electronic form to the e-mail address deposited by the Subscriber. The Subscriber agrees that he/she will not receive invoices in paper form.
11.6 In the course of the billing model, the subscriber expressly agrees that the kilometer data and GPS data will be stored for 24 months. Disclosure to third parties is excluded and the data is used exclusively for billing the kilometers driven.
11.7 The subscriber is entitled to change his kilometer package (subscription offer) 24 hours before the deadline of a billing period. The mileage accumulated from the previous period will be forfeited upon the change, and the mileage accumulated from the previous period will be charged in the next billing. The subscriber will be informed by TYNe about the change and activation of the mileage pact via e-mail. Cancellation of the change can only be done by Customer Service. After termination of the subscription, the reduced kilometers expire. The subscriber is not entitled to a refund.
12. Deposit and late payment
At the beginning of the contract a deposit in the amount of one monthly subscription is to be paid in accordance with the regulations in section 2. If a direct debit cannot be collected from the specified account, TYNe shall be entitled to make a set-off against the deposited deposit. Furthermore, TYNe is entitled to terminate the Auto-Subscription after a single request to settle the outstanding items within 14 days, unless the subscriber proves that he is not responsible for the delay in payment.
13. Liability and warranty of TYNe
13.1 TYNe is not liable for force majeure. Also, the liability for breach of contractual obligations is limited subject to intent and gross negligence, including intent and gross negligence of representatives and agents. In case of slight or medium negligent violation of essential contractual obligations, which is not based on injury of life, body and health, the liability of TYNe is limited in scope to the compensation of contract-typical foreseeable damages.
13.2 TYNe provides the subscriber with a vehicle within the framework of the arranged car subscription and provides the offered mobility services.
13.3 Under the Auto-Abo, if the proper functioning of the vehicle is impaired, the subscriber will be referred to a specialist garage recognized by the manufacturer and the costs of repairs due to wear and tear or material defects will be borne. Further claims by the subscriber due to material defects in the vehicle provided are excluded.
14. Dispositions, execution, lien, set-off, assignments
14.1 Pledging, transfer by way of security or any other disposal of the vehicle by the subscriber is not permitted.
14.2 The subscriber shall not have a right of retention to the vehicle.
14.3 Offsetting against claims of TYNe is only permitted with undisputed or legally established claims of the subscriber.
14.4 TYNe shall be entitled to assign claims arising from the contractual relationship for the purpose of refinancing, among other things.
14.5 The Subscriber already hereby declares its consent that security assigned for financing purposes is permissible.
14.6 In case of assignment of claims arising from this agreement and transfer of the booking agreement to another party, TYNe is entitled to transfer the personal data of the subscriber and contract data.
15. Term, termination
15.1 The term of the car subscription is at least six months starting on the day of handover of the booked vehicle or from the provision of the replacement mobility and is extended thereafter for an indefinite period. The booking agreement may be terminated by the subscriber subject to a notice period of 3 months. Notice of termination must be given in text form and may be given by letter and e-mail.
A tacit extension of a terminated booking agreement is excluded. This shall also and in particular apply in the event of delayed return of the vehicle after the end of the contract term; § 545 BGB shall not apply.
15.2 The right to extraordinary termination without notice for good cause remains unaffected. A reason justifying extraordinary termination exists in particular if the subscriber is more than 14 days in arrears with the payment of the basic costs plus the minimum kilometer costs.
TYNe shall also be entitled to extraordinary termination if the Subscriber, the driver authorized to use the vehicle or third parties authorized to use the vehicle significantly endanger the vehicle provided to the Subscriber by neglecting the care incumbent upon him or if he leaves it to a third party without authorization (in particular unauthorized contrary to the agreement in the booking or the regulation according to the GTC) or if the Subscriber has made incorrect statements or concealed facts when concluding the contract and therefore the continuation of the contract until the expiry of the notice period or until other termination of the usage relationship is not reasonable. Furthermore, if the subscriber does not pay the deductible to be paid for the settlement of the claim within a reasonable period of time after two written reminders when an insured event occurs. If the loss ratio exceeds 5,000 euros in total per calendar year, extraordinary termination is also permissible.
15.3 If the Subscriber has significantly endangered the use of the service by neglecting to exercise due care or by leaving it to a third party without authorization (in particular without authorization contrary to the agreement in the booking or the regulation according to the GTC) or if the Subscriber has provided incorrect information or concealed facts when concluding the contract and therefore the continuation of the contract until the expiry of the notice period or until other termination of the usage relationship is unreasonable. Furthermore, if the subscriber does not pay the deductible to be paid for the settlement of the claim within a reasonable period of time after two written reminders when an insured event occurs. If the loss ratio exceeds 5,000 euros in total per calendar year, extraordinary termination is also permissible.
15.4 With the extraordinary termination, the subscriber loses the right of possession of the leased vehicle and is obligated to surrender the vehicle with all keys and all leased documents (e.g. vehicle registration certificate, subscriber service booklet, or similar) at his own expense and risk while maintaining the return process. TYNe shall be entitled to take possession of the vehicle after the unsuccessful expiry of a reasonable surrender period.
If the Subscriber does not surrender the vehicle, the keys or the documents within the surrender period, he/she shall reimburse the costs of locating and securing the vehicle and of obtaining replacement vehicle keys and documents, as well as any further damage resulting therefrom, unless the Subscriber is not responsible for the delayed surrender. However, the Subscriber shall be responsible for delayed or non-delivery by the Authorized Driver as if it were his own action.
In the event of the vehicle being seized, the inspection upon return within the meaning of these GTC shall not apply. TYNe are then entitled to carry out an appraisal and to charge any damages to the subscriber.
The right to assert claims for damages in the event of extraordinary termination is reserved.
16. Other agreements
16.1 German law applies.
16.2 The place of jurisdiction shall be Berlin if the Subscriber is a merchant or a legal entity or if the Subscriber moves its domicile or habitual residence out of Germany after conclusion of the contract or if its domicile or habitual residence is not known at the time the action is filed.
16.3 Should individual provisions of this agreement be invalid, this shall not affect the validity of the remainder of this agreement. In this case, the parties undertake to replace the invalid provisions with provisions that correspond to the original purpose of the invalid provision.
16.4 Subsidiary agreements, amendments and supplements to these GTC shall only be effective if they are agreed in writing at or after the conclusion of the contract and are expressly designated as subsidiary agreements, amendments or supplements. This shall also apply to this clause.
16.5 TYNe shall notify the subscriber in writing of any changes to these GTC. If the subscriber does not object to the changes within 4 weeks after receipt of the notification, the changes shall be deemed agreed. The Subscriber shall be informed separately of the right to object and the legal consequences of silence upon notification of the amendment to the contractual terms and conditions. In the event of a timely objection, the original provisions shall remain unchanged instead of the amendment.
16.6 TYNe reserves the right to exchange vehicles after two years of subscription term. TYNe will endeavor to provide the subscriber with a vehicle of equal value. If necessary, the subscription costs will be adjusted accordingly. The subscriber must agree to the new vehicle.
Status: September 2023