Terms of use of WeShare Business Profile

1. Scope

1. These Terms of Use regulate the use of WeShare car sharing for business purposes ("Service") provided by UMI Urban Mobility International GmbH, Mollstraße 1, 10178 Berlin, Germany, registered in the Commercial Register of the Berlin-Charlottenburg District Court under the number HRB 191 888 B ("UMI GmbH").

2. “WeShare App” (“App”) is a mobile application provided by UMI GmbH to download free of charge, that enables the use of WeShare car sharing, as may be updated by UMI GmbH from time to time;

3. These terms of Use regulate the contractual relationship between UMI GmbH, the Company that intends to use WeShare car sharing for business purposes and the Authorized user (“User”) whom is invited to set up a Business Profile by linking his or her User Account with his Company's Business Account in order to make business trips. 

4. The Service enables Authorized users with a valid User Account to reserve a WeShare vehicle and drive in Business Profile mode, thus allowing to make business trips and pay through Company's billing information rather than by personal means of payment.  

5. The Terms of Use of WeShare, available at https://www.we-share.io/en/app-terms/, shall apply exclusively to the use of the App and accordingly to the Service.

2.  Definitions

The following terms shall have the meanings set forth below: 

1. “WeShare car sharing” and/or “WeShare Service” means the rental service offered by WeShare which, in conjunction with the App, and/or the Business Account as applicable, enables registered and validated users flexible use of the fleet of fully electric vehicles;

2. “Terms of Use of WeShare” mean the terms and conditions that apply to each User Account for the use of WeShare Service, also available at https://www.we-share.io/en/app-terms/, as may be updated by UMI GmbH from time to time;

3. “User Account” means a WeShare account in which the owner has: (i) installed the WeShare App on a compatible mobile device, (ii) registered for and currently maintains an active personal user account for the WeShare Service, which requires the entry of certain personally identifiable information and a personal credit card number, (ii) currently complies with the Terms of Use of WeShare, and (iv) confirmed the mobile number provided during the registration process; 

4. “Company” means a legal entity that has entered into an agreement with UMI GmbH by accepting a business service offer, and thus has set up a Business Account in order to use WeShare car sharing for business purposes;

5. “Authorised user” and/or “User” means an individual authorised to use and link Company’s Business Account with its User Account, or an individual with a User Account that is authorised to use WeShare Service in connection with Business Account. Authorised users are invited from the Administrator of Company’s Account to link their respective business email with their own User Account in order to create a Business Profile. Authorised users are all registered in Company’s Business Account;  

6. “Business Account” and/or “Company Account” means an online-based business back office solution offered to the Company in order to access WeShare Service for business purposes. Company can manage all business trips by registering Authorised users in the Business Account; 

7. “Business Profile”: means the profile that is created by linking the business email of each Authorized user with his own User Account thus enabling Authorised users to make business trips and pay for the WeShare Service through Company’s billing information rather than by personal means of payment.

3. WeShare car sharing

1. WeShare car sharing, in conjunction with the App, enables flexible use of the fleet of fully electric vehicles offered by WeShare.

2. WeShare vehicles can be rented within the area mentioned on the website www.we-share.io, and can be parked back in the defined area at the end of the journey without being returned to a specific location.  

3. To use WeShare Carsharing, the user must: (a) download the app to his mobile phone, (b) open a User Account and agree to the Terms of Use of WeShare, (c) prove his identity and validate his driving license, (d) lodge a valid tender.

4. WeShare Service for business trips 

1. To enable Company’s Authorised users to use WeShare car sharing for business trips, UMI GmbH provides the Company with a Business Account from which to manage all business trips.

2. By linking the User Account to the Company Account, Authorised users can choose within the App to drive in ´Business Profile´ mode before starting each individual rental.

3. The Terms of Use of WeShare, Section II ("User Account, Conclusion of Contract") and III ("Driving Licence, Validation of Driving Licence Validation"), available at https://www.we-share.io/en/app-terms/, shall apply in their full extent to the Service.

5. Business Account

1. Business Account enables Company to access the online-based back office solution (“Online Panel”), by entering log-in credentials specifically provided for the Company. The Business Account is managed by one or more Administrators provided with the relevant powers of representation of the Company.

2. The Online Panel of the Business Account will enable Company to (a) view Authorised User’s name, Company e-mail address, status, past and current rental duration, date, vehicle and license plate (“Panel Data”), (b) add and remove Administrators at its discretion, (c) add and register Authorised users in the Business Account, (d) invite Authorised users to create a Business Profile through a deep link which is sent to their respective Company e-mail from the Administrator, (e) manage, update, suspend/or delete Authorised users from the Business Account.

3. UMI GmbH reserves the right to add, remove and update features and functionality of the Online Panel of the Business Account at any time. 

6. User Account required 

1. Only Authorised users with an existing User Account can create a Business Profile by accepting to link their respective User Account to the Business Account.

2. Authorised users shall receive via their respective Company email address an email invitation from the Administrator in order to create a Business Profile. If the Authorised user already has a User Account, he or she shall be redirected with a deep link and asked to add a Business Profile. Should the Authorised user not have a User Account yet, he or she shall be required to create one, as shown in the invitation email and only after will have to return to the deep link in order to create a Business Profile.

3. The User must switch in ´Business Profile´ mode at all times in which he or she intends to use WeShare car sharing for business trips.

7. Business Profile

1. In order to establish a Business Profile, Authorised user hereby agrees that Company shall provide UMI GmbH with such Authorised user’s: (i) full name, (ii) Company-issued email address, and (iii) any other personally identifiable information on which parties may mutually agree upon (“Linking Data”), provided that it is necessary for authentication and verification purposes.

2. UMI GmbH shall not be liable towards the Company and/or any Authorised user and/or any other party with respect to inaccurate or incomplete Linking Data supplied by Company.

3. Authorised user’s Business Profile may be suspended and/or deleted from the Business Account at any time by the Administrator through the Online Panel.

4. Authorised user may as well, upon prior request and approval of the Administrator, unlink his or her User Account from the Business Account thus deleting his/her Business Profile.

5. Authorised user acknowledges and agrees that UMI GmbH will provide Company with detailed trip information for each rental charged to such user’s Business Profile.

6. Authorised user agrees to use the Business Profile solely as set forth in these Terms of Use and in compliance with the Terms of Use of WeShare.

8. Use

1. Registered and validated users can rent WeShare vehicles for business trips, by selecting before each individual rental to drive on ´Business Profile´ mode within the User Account. Use is only possible for those WeShare vehicles that are displayed as available in the WeShare App.

2. A selected WeShare vehicle can be reserved free of charge for a limited period of up to 15 minutes. The duration of the free of charge reservation is always displayed in the app at the time of reservation. The order can be placed via the App. UMI GmbH is entitled to refuse the order if the specific vehicle is not available to fulfill the reservation request.

3. The rental agreement for the use of a WeShare vehicle is concluded when the user starts the rental process by switching on ´Busines Profile´ mode before the reservation of the vehicle and entering the personal PIN for the start of the rental and the WeShare vehicle has confirmed this rental process by unlocking and mobilizing the vehicle.

4. The User is obliged to check the WeShare vehicle as well as objects belonging to the vehicle equipment for visible defects, damages and gross contamination before the start of the journey and to report these to WeShare.

5. In the event of serious damage, the User shall report to WeShare in order to determine the nature and seriousness of the defects, damage and/or contamination. Serious damage is damage that may affect driving characteristics, safety or other vehicle functions, or that clearly affects the visual appearance (large scratches, heavy soiling). In order to enable the damage to be allocated to the cause, it is essential that the report is made before the vehicle is driven. The user is obliged to provide complete and truthful information. At the request of WeShare, the user is obliged to provide WeShare with a photo of the damage and/or soiling. WeShare may prohibit the use of the WeShare vehicle if the safety of the ride appears to be compromised.

6. UMI GmbH is entitled to call or e-mail the User on the mobile phone number provided in the personal data in case of disruption of the use of the Vehicle. WeShare is entitled to prohibit further use of the WeShare Vehicle if a breach of contract is obvious or suspected.

7. The rental period begins with the conclusion of the individual rental agreement aforementioned and ends when the user has duly completed the rental process by terminating the rental and locking the vehicle. Furthermore, the rental shall end when UMI GmbH is entitled to terminate the rental in accordance with these Terms of Use and as well with the Term of Use of WeShare and unilaterally terminates the Rental.

8. The maximum rental period for WeShare vehicles is 72 hours. UMI GmbH has the right to terminate the rental unilaterally after verification if this period or the number of kilometers is exceeded. WeShare reserves the right to contact the User after 60 hours.

9. The User may connect the WeShare vehicle to public charging points in the business area. A charging card is located in the glove compartment of the WeShare vehicle. The WeShare vehicle can be connected to the Be Emobil and Vattenfall charging stations for charging using this charging card.

10. UMI GmbH handles the data related to charging station features shown in the WeShare App through a third party service provider. User therefore acknowledges that UMI GmbH does not provide the operability of these charging stations under this Service and shall not be responsible for and shall have no liability hereunder for ensuring the functionality or availability of the charging stations or the accuracy of such information. The evaluation of real-time operability of each charging station is subject to the sole responsibility of the user.

9. Violation of Terms of Use

1. UMI reserves the right at any time to suspend and/or remove the Busines Profile of the User and/or to delete the User Account altogether, should the Authorised User be non-compliant with these Terms of Use and/or with the Terms of Use of WeShare, available at  https://www.we-share.io/en/app-terms/.

2. UMI GmbH shall have no obligation or liability related to the Authorised user that is unable to register, validate or maintain a User Account due to such non-compliance and/or violations.

10. Prices

1. Company shall pay UMI GmbH the monthly amount due for each individual rental made on ´Business Profile´ mode.

2. The prices of WeShare car sharing, available at https://www.we-share.io/en/pricing/, including the liability reduction fee, shall apply accordingly to each rental made on ´Business Profile´ mode.

11. Monthly billing and Payment

1. A payment invoice is issued each month and sent by e-mail to the Company for all business trips made by the user, with an attached annex including a summary of all trips made on Business Profile mode, the name, date, and each rental duration.

2. If the payment of an invoice fails because, for example, Company’s means of payment has expired, is not sufficiently covered, an objection to the payment has been filed or for any other reason for which neither UMI GmbH nor the payment service provider is responsible, further use of the WeShare Service in conjunction with the Business Account shall be suspended until payment has been successfully made. During the period of suspension, trips in Business Profile mode can neither be booked nor commenced.

12. Insurance

1. For each booking there is a motor vehicle liability insurance, which complies with the requirements of the compulsory insurance law. There is a sum insured for personal injury, financial loss and property damage in the amount of € 100 million. The sum insured per injured person amounts to a maximum of 15 million €.

2. Excluded from the insurance is the use of WeShare vehicles for the transport of dangerous goods subject to authorization.

13. Behaviour in the event of accidents, damage, defects and repairs; traffic offences

1. Accidents, damages and defects occurring during the journey must be reported by the user to UMI GmbH immediately by telephone.

2. The user shall ensure that all accidents in which a WeShare vehicle driven by him/her was involved are recorded by the police. If the police refuse to record an accident, the User shall immediately notify UMI GmbH by telephone and, if necessary, provide proof of the accident. In such a case, the User shall agree on the further procedure with UMI GmbH and follow UMI GmbH's instructions. This shall apply regardless of whether the accident was caused by the user himself or by third parties. The user shall not leave the scene of the accident until after:
a) the police recording has been completed (or, if a police recording is not possible, UMI GmbH has been informed), and
b) after consultation with UMI GmbH, measures have been taken to preserve evidence and mitigate damages, if necessary, and
c) the vehicle has been handed over to a towing company, or after consultation with UMI GmbH has been parked elsewhere safely or has been moved by the user.

3. The User shall not assume any liability or make any other similar declaration in the event of accidents involving a WeShare vehicle in which the User has been involved. If, despite this prohibition, a liability promise is made, it shall only apply directly to the User himself. Neither owner nor insurer are bound to this promise.

4. Regardless of whether an accident, which the User is obliged to report to UMI GmbH, was caused by his/her own fault or by a third party, UMI GmbH will provide the User with a damage report form as a follow-up to the report. This form must be completed and returned to UMI GmbH within 7 days. The date on which the damage notification is sent to UMI GmbH is decisive for compliance with the deadline. If UMI GmbH does not receive a written damage report within this period, the accident cannot be settled by the insurance company. In this case, UMI GmbH reserves the right to charge the User for all accident-related costs, in particular for persons, objects and vehicles.

5. UMI GmbH shall be exclusively entitled to compensation for damages to the WeShare Vehicle. If such benefits have accrued to the User, the User must forward them to UMI GmbH without request.

6. Upon request by UMI GmbH, the User shall at any time inform UMI GmbH of the exact location of the WeShare Vehicle and allow UMI GmbH to inspect the vehicle.

7. The deductible per claim is 1,050 Euro. By paying the liability reduction per trip, the deductible is reduced from 1,050 Euro to 450 Euro.
a) The exemption from liability does not cover damage to the WeShare vehicle caused by improper handling and/or improper operation of the WeShare vehicle, for example due to shifting errors, ignoring warning lights or slipping of the load. These must be paid by the user in addition to the deductible. b) In any case, the choice of the repair workshop shall be at the sole discretion of UMI GmbH. c) Any protection agreed upon in this contract is void if an unauthorized driver uses the WeShare vehicle, or the driver of the WeShare vehicle does not have the required driving license.
d) In the event of deliberate or grossly negligent damage, the claim to the agreed protection is reduced or does not apply at all.

Unless otherwise provided for in these General Terms and Conditions, the General Terms and Conditions for Motor Vehicle Insurance issued by the German Insurance Association (GDV), AKB 2015 - Status 07/2016, shall apply to the aforementioned insurance and the indemnification.

14. Rights of use, use of data

1. The user receives the free, non-exclusive, non-transferable and non-sublicensable right to use the service and the app in accordance with these terms of use. The use of the App is geographically limited to Berlin, Germany.

2. UMI GmbH shall protect the User's personal data and shall use such data only to the extent permitted by law and/or to the extent that the user has authorised such use, in accordance with these Terms of Use; for further information, the User shall refer to the Privacy Policy available on the App. The User grants UMI GmbH the non-exclusive, transferable and sublicensable right of use, unlimited in time and content, of other data, in particular technical data, which either do not contain any personal reference or whose personal reference has been removed (anonymized data).

15. Mobile data connection

1. The use of the app requires a fully functional and sufficiently charged mobile device.

2. The establishment of the mobile data connection between the App and the Internet via mobile radio is not part of the service and is not the responsibility of UMI GmbH. A SIM card with activated data option and valid mobile phone contract is required for this purpose.

3. The use of the SIM card/mobile phone connection is exclusively subject to the terms and conditions agreed with the telecommunication provider in the mobile phone contract; this applies in particular with regard to connection and roaming charges. It is recommended to choose a mobile phone tariff with sufficient data volume.

4. The mobile data connection and its performance (speed) depend on factors beyond the control and performance obligations of UMI GmbH
This includes in particular:
- sufficient mobile phone reception at the location of the WeShare vehicle,
- Presence of interference
- impairment or interruption of mobile radio reception due to tunnels,
- garages,
- underpasses or other interfering influences (weather influences such as thunderstorms, interfering devices, buildings, bridges or mountains, intensive mobile radio use in the radio cell concerned, etc.)

16. Responsibility of the user

The user shall be liable:

1. to ensure that the use of the Service does not violate these terms of use, legal/official regulations (in particular data protection regulations), the rights of third parties or common decency

2. to handle the WeShare vehicle used with care, in particular to observe the regulations of the manufacturer's operating instructions

3. always secure the WeShare vehicle against theft (windows and central locking must be locked),

4. ensure that the WeShare vehicle is only used in a roadworthy and safe condition,

5. to fulfil all legal obligations in connection with the operation of the WeShare vehicle, in particular on the basis of the Road Traffic Act and the Road Traffic Regulations,

6. to only use App features, including charging stations shown in the App, when safe to do so,

7. if a warning light in the dashboard display comes on, stop immediately and contact UMI GmbH to agree whether the journey can be continued

8. ensure that the high-voltage battery has sufficient capacity when leaving the Business Area to bring the WeShare vehicle back into the Business Area,

9. not to park the vehicle in garages and underground car parks

10. to place the vehicle only on parking spaces that are designated as permissible parking spaces due to parking space management; in particular, not to place the vehicle on parking spaces that have a temporary parking ban of up to 72 hours in advance. Furthermore, the user must observe the conditions specified in parking spaces with private parking surveillance.

11. seat raises in the WeShare vehicle are used exclusively at the user's own risk. There is no claim against UMI GmbH in case of improper use.

The user is prohibited from doing so:

1. to drive the WeShare vehicle under the influence of alcohol, drugs or medication that may affect the driving ability. A strict prohibition of alcohol of 0,0‰ applies,

2. use the charge card to charge vehicles other than the WeShare vehicle to which the fuel card is assigned

3. deactivate the front passenger airbag, except when this is necessary to carry children or infants using a required booster seat/child seat and/or to ensure compliance with the manufacturer's instructions concerning the installation of infant carriers. The passenger airbag shall be activated immediately after the necessity has ceased,

4. to use the WeShare vehicle for trips outside of public road traffic, motor sport purposes, comparative drives or races of any kind,

5. to use the WeShare vehicle for vehicle tests, driving training or for the commercial transport of persons or for commercial transport.

6. to use the WeShare vehicle for the transport of highly flammable, toxic or otherwise dangerous substances, provided that they significantly exceed normal household quantities,

7. to use the WeShare vehicle for subletting or any other purpose not approved by UMI GmbH,

8. to transport objects or substances with the WeShare vehicle which, due to their nature, size, shape or weight, could impair driving safety or damage the interior,

9. to use the WeShare vehicle for the commission of criminal offences

10. to smoke or allow passengers to smoke in the WeShare vehicle,

11. to take or transport animals in the WeShare vehicle

12. soil the WeShare vehicle or leave waste of any kind in the WeShare vehicle

13. to carry more than the number of passengers permitted by the vehicle registration

14. to carry out repairs or modifications to the WeShare vehicle or to have them carried out on their own authority,

15. transporting children or infants without the use of a required booster seat/child seat. The user must follow all manufacturer's instructions regarding installation in the WeShare vehicle of infant carriers,

16. to undertake trips abroad with the WeShare vehicle,

17. to open the bonnet to ensure safe handling of the high-voltage technology installed in the WeShare vehicle

18. to couple his (private) CarNet account with the WeShare vehicle and to change users in this way

19. disable CarNet in the WeShare vehicle by setting it to private mode

20. to drive the battery completely empty or to park it with a range of 20 km or less, as the charging process can then no longer be started properly.

In the event of a breach of the aforementioned obligations or non-compliance with the above prohibitions, User shall be liable for penalties and fees to UMI GmbH in accordance with the schedule of fees available at https://www.we-share.io/pricing/.

17. Responsibility of UMI GmbH

1. UMI GmbH is not responsible for damages caused by improper use of the Service and the App. This applies in particular if the driver is distracted from the traffic while driving by using the App and this leads to accidents.

2. UMI GmbH is not responsible for damages caused by the user choosing an inappropriate password for the account or not keeping the password safe or for damages caused by a third party whom the user has allowed to access the Service.

3. UMI GmbH is not responsible for any breach of data protection laws by the user or by any third party to whom the User has granted access to the Service.

4. UMI GmbH is otherwise liable according to the following provisions:
a) unforeseeable, unavoidable events beyond the control of UMI GmbH and for which UMI GmbH is not responsible and which prevent UMI GmbH from fulfilling its contractual obligations in whole or in part, in particular war, terrorist attacks, natural disasters, fire damage, floods, strikes and lawful lockouts, release UMI GmbH from its obligation to perform for the duration of these events.

b) subject to the following paragraphs, the liability of UMI GmbH for breach of its contractual obligations is limited to intent and gross negligence, including intent and gross negligence on the part of representatives and vicarious agents. UMI GmbH shall only be liable for injury to life, body and health and for breach of material contractual obligations by UMI GmbH or its representatives and agents, even in cases of slight or medium negligence. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user can regularly rely. In case of slight or medium negligence of essential contractual obligations, which are not based on injury to life, body and health, the liability of UMI GmbH is limited to the compensation of foreseeable damages typical for this type of contract. In case of injury to life, body and health, UMI GmbH shall be liable without limitation even in case of slight or medium negligence.

c) the personal liability of the legal representatives and vicarious agents of UMI GmbH for damages caused by them through slight negligence is excluded. Claims can only be made directly against UMI GmbH in accordance with the rules stated in this clause.

d) Irrespective of any fault on the part of UMI GmbH, any liability for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act remains unaffected.

18. User service

1. For WeShare, UMI GmbH provides the user with a telephone customer service. The phone number is displayed when the phone button is used in the app. This way the phone number is preselected, and the user only has to click on 'Call'. For a call to the user service, only the call costs of the telecommunication service provider are incurred.

2. The user can also reach WeShare by e-mail. The e-mail address is: we-care@we-share.io

19. Changes to the Terms of Use

1. UMI GmbH may make changes to these Terms of Use which are reasonably acceptable to the user. Amendments to these Terms shall become part of the contract if the user has been notified of the amendments by e-mail, the User does not object within six weeks after notification and UMI GmbH has expressly pointed out this consequence to the User in the notification of amendment. If the User objects to the changes within the time limit, the changes shall not become effective for the User. In this case, UMI GmbH has the right to terminate the contract with one month's notice.

20. Place of jurisdiction, applicable law

1. The exclusive place of jurisdiction for all claims arising from and in connection with the Service and the App is Berlin, Germany, if the user is a merchant. If the User is a consumer, UMI GmbH may sue the User only at the Court having jurisdiction over the User's place of residence or usual place of abode; however, the User may sue UMI GmbH at any Court having jurisdiction over the User's place of residence or usual place of abode in addition to the Court having jurisdiction over the User's place of residence or usual place of abode.

2. All disputes arising out of or in connection with the WeShare App and/or the Service provided under these Terms of Use, shall be governed exclusively by the laws of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. If the user is a consumer, the law of the state in which the consumer has his residence or habitual abode at the time of the conclusion of the contract shall apply in deviation of this.

21. Severability clause

Should any of the above terms of use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties.

22. Dispute resolution

UMI GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.