Terms and Conditions (Berlin)
General Terms and Conditions of Coup Mobility GmbH
Last updated 1 November 2016
1 Subject matter of these General Terms and Conditions
(1) Coup Mobility GmbH (hereinafter ‘Coup’) operates the Coup vehicle sharing concept.
(2) Coup makes vehicles available from its fleet.
(3) The Coup App is a smartphone application which, among other things, serves as a payment tool when reserving and hiring Coup vehicles. It also serves as a tool for accessing the Coup vehicles. For the customer to be able to use a Coup vehicle, the Coup App must be installed on the smartphone, in working order, and connected to the internet. In addition, the smartphone must be connected to the vehicle via Bluetooth. Details regarding the technical availability and the range of functions of the Coup App in each Coup operating area can be found on the Coup website.
(4) Vehicles can only be rented if available and only within the defined operating area. The vehicles must be returned within the defined operating area. The operating area is shown in the Coup App.
(5) These General Terms and Conditions (hereinafter ‘GTC’) apply to the registration (framework agreement) by customers and for the rental (individual rental agreement) of Coup vehicles by customers, as well as for use of the Coup App.
(6) Customers are individuals who have registered properly and successfully with Coup.
(7) The framework agreement between the customer and Coup comes into force upon the master data being entered and the registration process being concluded. When renting Coup vehicles, the rental terms apply in addition to these GTC in each case. In the event of discrepancies, the rental terms take precedence. The current prices at the time of booking, as shown in the tariff overview, apply exclusively.
(8) Concluding the framework agreement shall not entitle Coup or the customer to conclude individual rental agreements.
(9) In particular, Coup reserves the right to refuse the registration by a customer or the conclusion of an individual rental agreement if there are reasons to suspect that the potential customer would not behave in accordance with the contract. Each customer may only register once with Coup.
2 Settlement account, details in user account
(1) In order to reserve, rent or use the Coup vehicle, the customer must select one of the payment methods offered by Coup and provide the corresponding details.
(2) The customer must be the holder of the credit card or the account, unless agreed otherwise between the customer and Coup. The customer must keep their personal details in the Coup user account up to date. This applies in particular to their personal address, email address, personal mobile number, driving licence data, bank details and credit card details. If it is found that these details are not up to date (e.g. emails cannot be sent, outdated mobile number), Coup reserves the right to block the user account temporarily.
(3) The customer is strictly prohibited from allowing other people to drive the Coup vehicles, unless agreed otherwise between the customer and Coup in individual cases. In particular, the customer must not share their login details (Coup username, password) with others, including other Coup customers. For each breach of this obligation, the customer is obliged to pay a contractual penalty, the amount of which is shown in the tariff overview that applies at the time. This shall not affect the right to assert claims for further damages. In such case, the contractual penalty will be offset. The customer has the right to prove that Coup incurred no damage or loss or that the actual damage or loss incurred was less.
3 Driving authorisation, driving licence validation
(1) Coup vehicles may only be rented and driven by individuals who
a) are at least 21 years of age and have held a driving licence for a car, motorcycle or scooter pursuant to item 3 (2) for at least one (1) year;
b) keep the relevant driving licence document with them during the rental period and meet all of the conditions and requirements contained therein;
c) are a Coup customer; and
d) have an access tool that has been activated pursuant to item 3 (3).
(2) Before concluding individual rental agreements, the customer must have their identity documents and driving licence checked by Coup’s online validation service (subject to a fee pursuant to the tariff overview). European driving licences from the EU/EEA and Switzerland will be accepted. Non-EU/-EEA/-Swiss driving licences will only be accepted in combination with an international driving licence or a certified translation of the domestic driving licence. As proof of identity with photograph, the personal ID card of the Federal Republic of Germany or a passport in combination with an up-to-date registration certificate will be accepted.
(3) Coup will activate the customer’s access tool following successful validation of the driving licence (see item 4). Coup will usually deactivate the access tool of the customer after 36 months after their registration (driving licences from EU/EEA/Switzerland) or after six months of them entering the Federal Republic of Germany (driving licences from other countries), until the customer completes the online validation process again (free of charge) to prove that their driving licence is still valid. Notwithstanding this, Coup reserves the right to demand at any time that the customer completes the online validation process again (free of charge) for the purpose of checking their driving licence. If the customer fails to meet this demand, Coup may block the customer’s access tool and/or user account.
(4) If the customer loses their driving licence or has it revoked, they will immediately lose the right to drive the Coup vehicle for the duration of the loss or revocation. The same applies for the duration of a driving ban. The customer must inform Coup immediately if their driving licence is lost or revoked, or if any driving bans come into force, or if their driving licence will be seized or confiscated temporarily.
4 Coup App
(1) The Coup App serves as the reservation, payment and access tool for the Coup vehicles.
(2) To be able to use the Coup App, the customer must have a smartphone that meets the latest technical requirements of the app. Coup offers no guarantee of compatibility in this regard. The customer is responsible for ensuring that their smartphone is kept in adequate condition for the Coup App to be used on it. Coup provides system requirements and compatibility information to the best of its knowledge. To be able to use the payment tool, the customer’s smartphone must meet at least the minimum system requirements and have both internet and Bluetooth connection. Due to the large number of different devices, system configurations, network operators and operating systems, it is not possible for Coup to check and ensure that the access tool will work in all situations and circumstances. Coup recommends that the customer consults the list of frequently asked questions (FAQ) in addition to the system requirements and compatibility information published by Coup to the best of its knowledge. The customer must ensure that their device can be used for mobile data communication and must bear any data transfer costs that are charged by their mobile provider.
(3) The Coup App may not be reproduced, copied, altered or manipulated using IT methods. Furthermore, the Coup App may not be accessed by automated means. Any breach or attempt shall lead to the customer being immediately blocked by Coup and the customer must bear the costs associated with a breach and any resulting damage or loss.
(4) The customer must inform Coup immediately (via the website or the customer service hotline) if the Coup App or the smartphone on which it is installed is lost, so that Coup can block the app and, in particular, its function as an access tool, and prevent misuse. The customer will be notified by email once the app has been blocked.
(5) During the registration process, the customer creates a password that enables them to access the Coup App and use its functions (e.g. book Coup vehicles, view invoices, view/change personal details). The customer undertakes to treat the password as strictly confidential and not make it accessible to third parties. In particular, the customer must never write down the password on an access tool or its carrier device, save it there, or store it in any other way in the vicinity of the access tool. The customer is obliged to change the password immediately if they have reason to suspect that a third party has become aware of it.
(6) If the smartphone containing the Coup App is lost, the customer is liable to the legally permissible extent for any damage or loss caused as a result of third parties gaining unauthorised access to the user account and, in particular, using the Coup App as an access tool. This applies in particular if this results in theft, damage or misuse of the Coup vehicles.
(7) Access to the customer’s smartphone on which a functional Coup App is installed must be protected by a password or PIN. The customer is liable in the event of a breach.
(8) Under no circumstances may the customer use the smartphone, user account, PIN or password of another customer without authorisation. If a third party uses the Coup App after becoming aware of the customer’s password because the customer did not adequately protect it against unauthorised access, then the customer shall be responsible and liable for all actions of this third party as though the customer had performed the actions themselves. The same applies to the use of a smartphone by a third party who gained access to the PIN or password because the customer did not adequately protect it against unauthorised access.
(9) The customer must inform Coup immediately if they become aware of an unauthorised third party becoming aware of their access details (i.e. smartphone PIN or password; the Coup App password) or of an unauthorised third party using their smartphone or the Coup App. For security reasons, the customer should change their access details on a regular basis.
(10) If there are reasonable grounds to suspect that unauthorised third parties have become aware of the access details or used the smartphone, then Coup, for security reasons, is entitled but not obliged to change the access details itself at its own discretion and without notice or to block the user account or use of the Coup App. In such case, Coup will inform the legitimate customer immediately and, on request, will provide them with the new access details within a reasonable period. The user has no automatic right to the original access details being restored.
5 Reservation of vehicles and conclusion of individual rental agreements
(1) Coup vehicles may be rented by registered and validated customers. Only those vehicles that are correspondingly identified in the Coup App can be used.
(2) A selected Coup vehicle can be reserved free of charge for up to 30 minutes, consisting of an initial reservation for a duration of 15 minutes and the option of a subsequent, one-off extension of 15 minutes. The order can be submitted via the Coup App. Coup is entitled to reject the order if the selected vehicle is not available for the requested reservation. In some cases, the location shown may differ from the actual location due to an inaccurate GPS signal; Coup has no control over this and therefore assumes no liability in this respect.
(3) The rental agreement governing the use of a Coup vehicle is concluded when the customer starts the rental via their Coup App and the Coup vehicle confirms the rental by activating and unlocking the helmet box. The customer is obliged to check the Coup vehicle for any obvious faults, damage or excessive soiling before driving the vehicle for the first time, and must report any findings to Coup. In the event of significant damage, the customer must contact Coup by telephone to determine the type and extent of the fault, damage and/or soiling. Significant damage is any damage that could have an impact on the driving characteristics, safety or other vehicle functions or which considerably affects the appearance of the vehicle (large scratches, excessive soiling, etc.). To be able to determine who is at fault for the damage, it is essential that it is reported before driving the vehicle for the first time. The customer is obliged to provide the relevant details truthfully and in full. At Coup’s request, the customer is obliged to provide Coup with a photo of the damage and/or soiling. Coup can refuse use of the vehicle if the vehicle appears unsafe to drive. If the customer fails to report any problems, it will be assumed that they are liable for the fault, damage or soiling. The customer has the right to provide proof to the contrary.
(4) If the usage process is interrupted, Coup is entitled to contact the customer on the mobile number stored in their personal details. The customer must ensure that they can be reached. Furthermore, Coup is entitled to refuse further use of the Coup vehicle if a breach of contract is suspected (e.g. violation of item 8).
(5) The rental period begins upon conclusion of the individual rental agreement and ends when the customer has properly ended the rental pursuant to item 9, or if Coup is entitled to terminate the rental in accordance with these GTC and terminates it unilaterally.
(6) Coup reserves the right to unilaterally terminate individual rental agreements at any time if the Coup vehicle in question has not been driven within a period of 24 hours or if the rental period of 24 hours has been exceeded.
(7) Coup is entitled to demand at any time that the rented Coup vehicle be returned and to replace it with a comparable Coup vehicle. Coup will agree the specific details of such an exchange separately with the customer where possible.
6 Prices, offsetting and retention, free minutes and calculation methods
(1) The customer is obliged to pay the prices for the tariff that apply at the start of the rental period. These prices are shown in the applicable tariff overview. The prices are final prices and include statutory VAT. Payment is due upon the rental agreement ending.
(2) The customer is only entitled to offset against the claims of Coup if the customer’s counter-claim is undisputed or has been legally determined; the customer can only assert a right of retention if it relates to claims under the rental agreement.
(3) Should the rented vehicle not be roadworthy, the customer will not be charged a rental fee. The customer has no other claims or entitlements.
(4) Coup can credit the customer free minutes, e.g. as an ex gratia refund or as part of a promotion. If the customer is given free minutes, these will be credited to their free minutes account within 10 working days. The free minutes entitle the customer to use (drive or park) Coup vehicles in the operating area; they cannot be used as payment towards journeys that were made before they were credited. Free minutes can only be credited to the standard payment profile (personal). The customer can view the current balance of their free minutes at any time in the Coup App or in the Coup user account. Any balance that is not used within the validity period of the free minutes will expire.
(5) The use of Coup vehicles is charged as follows: The parking times incurred during a rental are added up, whereby each new minute commenced is rounded up after the 31st second and charged at the applicable parking tariff. The total parking time determined in this way is deducted from the total rental period, whereby each new minute commenced is rounded up from the 31st second and charged at the applicable driving tariff. If the balance of the customer’s free/drive minutes account is positive, the fees for the aforementioned uses will first be deducted from the free/drive minutes account. A driving summary is created for each use and can be seen in the Coup App. An invoice is created after expiry of the billing period and made available in the user account. The customer is notified by email of new invoices.
(6) Payments by individuals are made by means of the selected payment method. The customer must ensure that their selected payment method has sufficient funds to cover the payment. If the debited amount is returned by the bank for reasons attributable to the customer, then the customer must pay the bank charges and a subsequent reminder fee in accordance with the applicable tariff overview. Coup reserves the right to refuse the payment methods specified by the customer, such as if a credit card has been blocked or there are reasons to suspect misuse.
7 Assignment, direct debit mandate and pre-notification
(1) Coup is entitled to assign its claims under the contractual relationship. The customer will be informed of such an assignment in the invoice. In such case, the customer will only be able to make payment to the assignee with debt-discharging effect from that point on. Coup will continue to be responsible for general customer enquiries, complaints, etc.
(2) The customer revocably authorises Coup – or in the case of an assignment of rights (item 7 (1)), the assignee – to collect the payments to be made by the customer, as well as any existing claims for damages relating to the individual rental relationship, from the specified current account by (SEPA) direct debit or to debit them from the credit card or other payment method that has been entered in the Coup user account. In such case, Coup will send the details required to complete the claims assignment to the assignee, who is not permitted to process or use these details for other purposes.
(3) Coup – or the assignee in the case of a claims assignment pursuant to the aforementioned provision – will notify the customer of a SEPA direct debit payment at least 21 days before the transaction (pre-notification). This notification period applies for all SEPA direct debits that have been agreed for the business relationship between Coup and the customer.
8 General obligations of the customer, prohibited acts
(1) Should the customer have an obligation to contact Coup under the following conditions, the landline number specified in the Coup App must be used for this purpose.
(2) The customer is obliged:
a) to treat the Coup vehicle with care and respect, and to adhere to the stipulated speed limit;
b) to notify Coup immediately of any malicious or accidental damage or excessive soiling;
c) to secure the Coup vehicle against theft at all times by ensuring that the vehicle is locked (incl. activating the steering lock) after the end of the rental period and every time the vehicle is parked temporarily;
d) to ensure that the Coup vehicle is only used if it is in a roadworthy and operationally reliable state;
e) to meet all legal obligations relating to the operation of the Coup vehicle, especially those under the German Road Traffic Act (Strassenverkehrsgesetz, StVG) and the German Highway Code (Strassenverkehrsordnung, StVO), provided that these obligations must not be met by Coup under this agreement;
f) to stop immediately if a warning light appears in the steering display or dashboard and to contact Coup to determine whether the drive can be continued;
g) to ensure when leaving the operating area that the battery has sufficient capacity to be able to drive the vehicle back to the operating area;
h) to ensure that their smartphone has enough battery power to be able to end the rental again (the smartphone can be charged in the trunk during the rental period, if required);
i) to bear in mind that, due to being electrically powered, the vehicle does not make any noise while being operated or driven; as this makes it harder for pedestrians and cyclists to hear the vehicle, the driver must take extra care;
j)The customer can use their own helmet if suitable.
(3) The customer is not permitted:
a) to drive the Coup vehicle under the influence of alcohol, drugs or medication that could impair their driving ability; alcohol is strictly prohibited;
b) to use the Coup vehicle for off-road drives, motorsports events or races of any kind;
c) to use the Coup vehicle in weather conditions for which it is not suitable due to its characteristics (e.g. snow and ice);
d) to use the Coup vehicle for vehicle tests, driving lessons or transporting other people commercially;
e) to use the Coup vehicle to transport objects or materials that could impair the driving safety due to their nature, size, shape or weight;
f) to use the Coup vehicle to commit criminal offences;
g) to heavily soil the Coup vehicle, paint it or attach stickers;
h) to transport more than the number of passengers (1) for which the vehicle has been approved;
i) to carry out repairs, changes or conversions to the Coup vehicle themselves or instruct third parties to do so;
j) to transport children under the age of 13 or babies;
k) to drive the Coup vehicle abroad;
l) to move or remove objects that are part of the vehicle, e.g. batteries;
m) to use a Coup vehicle without concluding a corresponding rental agreement and/or to continue using it after the rental period has ended; if the vehicle is driven without a concluded and/or valid rental agreement, the driver is obliged to pay a contractual penalty of EUR 250; Coup reserves the right to assert claims for further damages or to take legal action;
n) to gain access to the vehicle by means other than through proper use of the non-modified Coup App.
(4) Coup will usually communicate with the customer by email or on the telephone number provided by the customer. The customer must therefore ensure that emails and calls made to the contact details that are specified during registration or provided to Coup at a later stage will reach them. To this end, the customer must configure their spam filter accordingly and regularly check their emails to this address, among other things. Furthermore, Coup reserves the right to select another suitable form of correspondence.
9 End of rental, parking
a) If the customer wishes to end the rental, they are obliged: to find out about the parking options provided by Coup in the operating area and park the Coup vehicle properly and in accordance with the German Road Traffic Act (StVO) either in a parking space specially designated by Coup or, if parking is permitted there, in a paid (with a valid parking permit) or free public car park; penalties for each violation of the traffic regulations or of any rules imposed by the owner of the premises must be paid by the customer in addition to an administration fee (tariff overview);
b) to not end the rental on private or company property (e.g. car parks, courtyards, etc.); this rule also applies to customer car parks at shopping centres, supermarkets and restaurants, etc. which are designated as such; the Coup vehicle must be accessible to everyone at any time;
c) to make sure that the vehicle is locked.
(5) In areas with parking restrictions due to the date or the time of day (e.g. no stopping zone with additional sign such as ‘8:00 am - 7:00 pm’ or ‘Tuesdays 6:00 am - 1:00 pm’), the rental can only be ended if the restriction will not apply until at least 48 hours after the vehicle is parked. This also applies to traffic bans that have already been imposed but are not yet valid at the time (e.g. temporary parking restrictions due to events or relocations).
(6) The rental can only be ended
a) if the Coup vehicle is located within the operating area, whereby the boundaries of the operating area can be viewed any time online and in the Coup App;
b) if a mobile phone, Bluetooth and internet connection can be established where the Coup vehicle is located; should this not be possible in exceptional cases, the Coup vehicle must be appropriately re-parked by the customer.
(7) If Coup, as an exception, offers the option of parking the Coup vehicle in a specially designated zone outside of the operating area, the customer may incur additional charges in accordance with the tariff overview published on the Coup website.
(8) The rental will be ended automatically when the vehicle is parked and the customer ends the rental via their access tool. The Coup App will confirm once the rental has been definitively ended. If the customer leaves the Coup vehicle although the rental has not been ended, then the rental period will continue and the customer will be charged accordingly.
(9) If the rental cannot be ended for a genuine reason, the customer is obliged to inform Coup immediately and to remain by the vehicle until Coup has decided the further course of action. Any additional rental charges incurred will be reimbursed by Coup after clarifying the situation, provided that the customer is not at fault. The customer will be deemed to be at fault if, for example, the rental of the Coup vehicle cannot be ended because the vehicle is located outside of the operating area or because the vehicle was not locked.
(10) If the vehicle can no longer be moved due to an accident, the rental will end at the latest when the vehicle is handed over to the towing company.
10 Behaviour in the event of accidents, damage, faults and repairs; traffic offences
(1) Accidents, damage and faults that occur while driving the vehicle must be reported by the customer to Coup immediately and by telephone. The same applies to accidents, damage and faults to the vehicle that had already occurred at the start of the rental period (see item 5 (3)).
(2) The customer must ensure that all accidents in which a Coup vehicle driven by the customer was involved are recorded by the police. If the police refuses to record the accident, the customer must inform Coup immediately by telephone and provide corresponding proof if requested. In such case, the customer must agree the further course of action with Coup and follow its instructions. This applies irrespective of whether the accident was caused by the customer or by a third party. The customer may only leave the scene of the accident after
a) the police have finished recording it (or, if the police are unable to record it, Coup was informed pursuant to item 10 (2)), and
b) measures to preserve evidence and minimise the damage were taken in agreement with Coup, and
c) the vehicle was handed over to a towing company or has been securely parked somewhere else or moved by the customer in agreement with Coup.
(3) In the case of an accident in which a Coup vehicle driven by the customer was involved, the customer must not accept liability or make a comparable declaration. If the customer does make a declaration of liability, then it shall only apply for the customer themselves. Neither the holder nor the insurer will be bound by the declaration.
(4) Irrespective of whether an accident that the customer must report to Coup was caused by the customer or by a third party, Coup will provide the customer with a damage notification form after the accident has been reported. This must be completed in full and returned to Coup within seven (7) days. The date on which the form was submitted to Coup shall be decisive for deciding whether this period was adhered to. If Coup does not receive the damage notification form within this period, the accident cannot be regulated by the insurance company. In such case, Coup reserves the right to charge the customer for all costs incurred by persons, objects and vehicles as a result of the accident.
(5) In any case, Coup shall be entitled to compensation for damage to the Coup vehicle. If the customer has received any such payments, they must be forwarded to Coup unprompted.
(6) At Coup’s request, the customer must provide the exact location of the Coup vehicle and enable the inspection of the vehicle. The customer must also take photos and send them to Coup if requested to do so.
(7) In the event of an accident, the customer is obliged to inform the police and the fire brigade that an electric vehicle has been involved in an accident.
11 Insurance cover
(1) The Coup vehicle is covered by liability insurance. Furthermore, a limitation of liability for damage to the Coup vehicle exists to the benefit of the customer; this corresponds to a loss and damage waiver, including partially comprehensive cover with an excess, in accordance with the following provisions.
(2) If the vehicle is damaged while being used by the customer, or if any damage is caused by the customer, then the customer shall be liable for the damage in the form of an excess of up to EUR 150 (including incidental damage, such as the cost of expert opinions, towing costs, loss of value, lost rental fees, higher insurance premium, additional administration costs); further specifics concerning the customer’s liability are governed in item 13. The customer has the option of reducing the excess before or upon concluding the individual rental agreement, provided that an offer is available. In such case, the terms and prices will be shown in the offer and must be confirmed by the customer.
(3) Unless agreed otherwise in the following, the aforementioned insurance and limitation of liability are subject to the general terms for vehicle insurance (AKB 2008; hereinafter ‘AKB’) issued by the German Insurance Association (GDV).
(4) If the customer is in breach of an obligation governed in the AKB and this leads to the insurance company not having to pay out, then the customer must compensate Coup in full for the resulting loss. A limitation of liability to the (reduced) excess does not apply in this case.
(5) If the incident is caused intentionally, the liability insurance will be completely void.
(6) The limitation of liability will also not apply if the incident is caused by gross negligence (own-vehicle damage insurance). If the incident is caused by negligence, the customer’s liability towards Coup will be based on the provisions of Art. 81 para. 2 VVG (German Insurance Contract Act).
12 Liability of Coup, availability, weather-related restrictions
(1) For damage or loss caused intentionally or through gross negligence by Coup or its vicarious agents, Coup shall be liable in accordance with the legal provisions.
(2) In the case of simple negligence, Coup shall only be liable if an essential contractual obligation is breached and only for foreseeable loss. Essential contractual obligations are ones which must be fulfilled in order to enable the proper execution of the contract in the first place and which the Customer can usually expect to be fulfilled.
(3) Limitations of liability do not apply for guarantees that have been given, for culpable death, physical injury or impairment of health, or for claims under product liability law.
(4) The aforementioned exclusions and limitations of liability also apply to the liability of employees, staff, representatives and vicarious agents of Coup, especially in favour of the shareholders, employees, representatives, company bodies and their members with regard to their personal liability.
(5) The provisions above do not give rise to a reversal of the burden of proof to the detriment of the customer.
(6) Coup guarantees average annual availability of 95 % for the services via the servers. Exceptions to this are times during which the servers are not accessible due to technical or other problems that lie outside of Coup’s control (e.g. force majeure, fault of third party). Likewise, it does not include times during which routine maintenance work is carried out. This does not affect Coup’s liability for the servers not being available due to intent or gross negligence.
(7) Coup is entitled to limit or refuse the use of vehicles due to the weather conditions (e.g. snow, ice, hail, heavy rain).
13 Liability of the customer, contractual penalties, usage exclusion
(1) The customer is liable towards Coup for any damage or loss that they cause. In particular, this includes the theft, damage or loss of the Coup vehicle and accessories (incl. helmet). Furthermore, the customer must compensate Coup in full if the damage to or loss of the Coup vehicle or another instance of damage or loss has been caused as a result of the customer, or a third party for whom the customer is responsible, being in culpable breach of these GTC, the legal provisions or the general terms of the vehicle insurance policy (AKB) and the insurance cover is thereby impaired. Furthermore, in the event of damage or loss caused by the customer, the customer shall indemnify Coup against any third-party claims if the vehicle insurance company is unable to provide insurance cover due to the customer being at fault.
(2) In the case of an accident caused by the customer, the customer’s liability up to the amount of the agreed excess shall also extend to incidental damage, such as the cost of expert opinions, towing costs, loss of value, lost rental fees, higher insurance premium, additional administration costs. The limitation of liability to the amount of the excess shall not apply in the case of mechanical damage that the customer causes due to incorrect operation, gross negligence, intent or a breach of item 8 (3a). If the incident is caused by negligence, the customer’s liability towards Coup will be based on the provisions of Art. 81 para. 2 VVG. In the event of damage to the vehicle, the customer’s liability is limited to the excess for the Coup vehicle if the vehicle is used in accordance with the contract and if the damage was reported immediately.
(3) In the case of an accident caused by the customer outside of the operating area, the customer is also obliged to bear all costs incurred due to transporting the vehicle back to the operating area.
(4) The customer is fully liable for the consequences of traffic offences or violations that they culpably commit with Coup vehicles. The customer is responsible for all associated fees and costs and shall fully indemnify Coup against any claims by third parties. For processing traffic offences (warnings, charges, fines, etc.), the customer must pay Coup an administration fee per incident. The amount of the administration fee is shown in the applicable tariff overview.
(5) If Coup needs to re-park the vehicle or use a third-party towing service due to a breach of item 9, the customer must bear any associated costs and other fees in accordance with the applicable tariff overview.
(6) The customer is obliged to pay a contractual penalty in accordance with the applicable tariff overview if they make the Coup vehicle available to a person who is not authorised to drive it (see item 2 (4)). This shall not affect the right to assert claims for further damages. In such case, a contractual penalty paid by the customer will be offset.
(7) For serious, culpable breaches of contractual obligations, including a delay in payment, Coup can immediately refuse use of the vehicle by the customer, either temporarily or permanently, and block the payment tool and/or their user account. The customer will be informed of any such action by email.
(8) Claims will not be asserted if and to the extent that the customer can prove they were not responsible for the damage or loss, that no damage or loss was incurred, or that the actual damage or loss incurred was much less than the corresponding fee.
14 Duration and cancellation of the framework agreement
(1) The framework agreement is being concluded for an indefinite period and may be cancelled by either contracting party by providing two (2) weeks’ written notice to the end of the month. If a minimum term was agreed for tariff packages concluded at the same time, then the framework agreement may only be cancelled ordinarily for the first time by providing two (2) weeks’ written notice to the end of this minimum term.
(2) This shall not affect the contracting parties’ right to extraordinary termination. In particular, Coup may terminate the contract without notice if the customer:
a) is a consumer and in arrears with two due payments;
b) is a business that, when concluding the framework agreement, was exercising its commercial or self-employed activity and is in arrears with due payments;
c) ceases their payments in general;
d) provides false details or conceals important facts when registering or during the course of the contractual relationship and Coup can therefore not be expected to continue fulfilling the contract;
e) despite a written reminder, continues to be in serious breach of contract or fails to immediately rectify any existing consequences of such a breach;
f) has driven under the influence of alcohol or drugs;
g) has shared their customer login details (Coup username and password) with another person contrary to item 2 (4).
(3) In the event of termination without notice by Coup, access to the Coup vehicles will be blocked immediately upon the termination notice being received.
(4) If the framework agreement is cancelled extraordinarily pursuant to the paragraph above, Coup shall be entitled to the following in particular:
a) Immediate return of the vehicle being currently used by the customer; if the customer does not return the vehicle immediately, Coup is entitled to cease the Coup vehicle at the customer’s expense;
b) payment of the rental fee until the Coup vehicle is returned;
c) payment of compensation; as compensation, Coup will charge the customer for the actual damage resulting from non-fulfilment.
15 Other provisions
(1) Coup expressly reserves the right to make reasonable changes to the GTC or to the prices. The customer will be notified of any changes by email or through publication of the GTC on the Coup website and in the Coup App. Any changes shall be deemed to have been accepted if the customer does not object to them in writing within six (6) weeks of the changes being announced or of the option of the customer becoming aware of them. Coup will make special reference to this consequence when announcing the changes. The time at which the objection was sent shall be decisive for determining whether it was sent in a timely manner.
(2) The framework agreement and the individual rental agreement are subject to German law under exclusion of its conflict-of-law rules.
(3) If the customer files a lawsuit, this must be done before a German court or before the courts that preside at the customer’s permanent place of residence.
(4) The customer may only transfer claims or other rights under this agreement to third parties with the prior written consent of Coup.
(5) No additional verbal agreements have been reached. Any changes and additions must be made in writing. Email shall be sufficient to meet this written form requirement.
(6) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In such case, the parties shall close any gaps in accordance with the meaning and assumed intentions of the contracting parties and, furthermore, shall replace the invalid provision with one that most closely corresponds to it in economic and conceptual terms.
Last updated: 1 November 2016
COUP Mobility GmbH