Terms of Use for WeShare 'Scheduled Booking'

1. Scope

1. These Terms of Use shall govern specifically and exclusively your use of the Scheduled Booking´ service of WeShare (“Service”). The Service shall provide´ WeShare users with the possibility to book a WeShare vehicle in advance and rent it for a period of minimum 24 hours and a maximum of 72 hours. The Service is provided by UMI Urban Mobility International GmbH (“UMI GmbH”) initially on a provisional basis and for testing purposes.

2. By using the Service, you agree to these Terms and Conditions. By accepting these Terms and Conditions you acknowledge and accept that the Service is a pilot project and is currently being tested, which in turn may lead to decrease in performance and service quality.

3. The general Terms of Use of WeShare service, available at https://www.we-share.io/app-terms/, shall apply accordingly to the Service.

2. Definitions

Unless the context otherwise requires, the following definitions shall apply:
1. “WeShare App” (“App”) means the mobile application provided by UMI GmbH that enables the use of the Weshare services;

2. “WeShare service” means the car sharing service provided by UMI GmbH which, in conjunction with the WeShare App, enables flexible use of the fleet of fully electric vehicles offered by WeShare;

3. “general Terms of Use of WeShare service” describe the terms of use that apply exclusively to the use of the WeShare App;

4. “Service” means the Scheduled booking service of WeShare provided by UMI GmbH;

5. “Booking Period” describes the time period booked for the rental of the WeShare vehicle from pick-up date/time until return date/time submitted via Weshare App. The Booking Period is equal to the Desired Rental Period;

6. “Desired Rental Period” describes the time period for which the user desires to rent the car for, and for which the booking has been scheduled. The Desired Rental Period is equal to the Booking Period;

7. “Rental Duration” means the actual time the user drives the vehicle until the ´end rental´ mode is selected in the App and the vehicle is locked;

8. "Assignment" means the specific time at the pick-up day when the WeShare vehicle is allocated to the user.

3. Reservation

1. Only successfully registered and validated users of the WeShare service can use the Service.

2. Reserving a vehicle within the Service is free of charge and can be done from a minimum of 24 hours before the Desired Rental Period up to a maximum of 30 days in advance.

3. The Desired Rental Period is displayed in the App by default in 30-minute intervals (e.g. 10:00, 10:30, 11:00, etc.)

4. When booking the vehicle (“Booking Period”) the user indicates for how long he/she would like to rent the vehicle (“Desired Rental Period”).

5. The WeShare vehicle can be booked only in 24 hours intervals, from a minimum of 24 hours to a maximum of 72 hours. For the avoidance of doubt, the Service allows you a Booking Period for either 24, 48 or 72 hours.

6. For each Booking Period the User can only reserve one car. The user can book several cars only if each reservation is related to a different Booking Period.

4. Pick-up & Return Area

1. WeShare vehicles are only available to book in the areas mentioned in the App.

2. The booked vehicles are only available for pick-up within the areas mentioned in the App and they must be returned to the same area, where they were picked up on the day of departure.

3. If the vehicle is returned outside of the pick-up/return area shown in the App, the User shall bear the costs of relocation, available at https://www.we-share.io/en/pricing/.

5. Rental

1. At any time during the Desired Rental Period the User can start the Rental Duration by entering the personal PIN in the App and receiving confirmation of the rental process from WeShare by unlocking and mobilizing the vehicle.

2. The maximum Rental Duration corresponds to the indicated Desired Rental Period. (Example: If a customer has indicated a Desired Rental Period of 24 hours, the maximum Rental Duration is 24 hours).

6. End of the rental

1. The User can end the rental at any time during the Booking Period by terminating the rental in the App and locking the WeShare vehicle. Once the User ends the rental the entire rental agreement is terminated, and the vehicle can no longer be used within the frame of the Service.

2. Furthermore, the rental shall end when UMI GmbH is entitled to terminate the rental in accordance with these Terms and unilaterally terminates the rental.    

3. Upon termination of the rental, the price for the entire booking will be due regardless of whether the user ends the rental before the expiration of the Booking Period.

4. With the Assignment of the vehicle under provision VIII (“Assignment of the vehicle at the pick-up day”) the price for the entire Booking Period will be due regardless of whether the user actually uses the Service or not.

7. Battery level at the time of pick up

1. WeShare aims to provide cars with a battery level of approximately 180km for the Service. If on the pick-up day the battery level is found below the threshold indicated herein, the User can call customer support to find an amicable solution. The user can also charge the vehicle for free by themselves in accordance with provision XVIII (“Charging”) (information on charging a WeShare vehicle also available in the FAQs at https://www.we-share.io/en/faq/..

2. In any case, UMI GmbH will not be held liable for non-performance or for low quality performance, nor shall it be liable for any form of compensation or mobility replacement to the User, if the battery level of the car is less than the 180 km.

8. Assignment of the vehicle at the pick-up day

At the pick-up day, the User will be assigned for the entire Booking Period to one specific WeShare vehicle, the precise location will be shown in the App. (“Assignment”). After the Assignment, the User will not be able to use UMI GmbH’s free-floating car sharing service until the rental is ended.

9. Cancellation of reservation

1. The cancellation of the reservation is free of charge only if made in the App before the Assignment of the vehicle according to provision VIII (“Assignment of the vehicle at the pick-up day”).

2. With the vehicle Assignment shown visible in the App it is no longer possible to cancel the reservation.   

3.  UMI GmbH is entitled to refuse or cancel the reservation, at any time if the vehicle is not available to fulfil the reservation request. In such a case, the User will neither be charged, nor entitled to any form of mobility replacement or any other form of compensation.

4. In case the reserved car is not available at the submitted pick-up date and time and/or in the assigned area, the User will neither be charged, nor entitled to any form of mobility replacement or any other form of compensation.

10. Use

1. 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.

2. In the event of serious damage, the User shall contact WeShare by telephone 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. Upon request of WeShare, the User shall provide WeShare with a photograph 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.

3. 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.

11. Return date

1. The User must return the car, before the expiry of the Booking Period, to the same area where the vehicle was picked up. (Example: If the return date is scheduled on the 2nd of April, at 18:00, the car must be returned at the same area where it was picked up by 18:00 of the 02nd of April).

2. If the User does not return the vehicle by the day and time of expiry of the Booking Period, UMI GmbH shall be entitled to charge the User with an additional fee of EUR 100 (one hundred euro), covering administrative and/or operational costs associated with the late return of the vehicle, as well the Max. daily rate due for each 24 hour period of delay (Example 1: If the vehicle is returned 25 hours later than the expiry of the Booking Period, the User will be charged for the Booking Period + a single fee of 100 €+ two (2) times the Max. daily rate. Example 2: If the vehicle is returned 50 hours later than the expiry of the Booking Period, the User will be charged for the Booking Period+ a single fee of 100 € + three (3) times the Max. Daily rate).

3. UMI GmbH is entitled to unilaterally terminate the rental of a customer who has not returned the vehicle for more than 72 hours. In such cases users will not be entitled to any compensation. UMI GmbH's right to compensation in the event of any damage caused to the vehicle remains unaffected.

12. Prices

For each 24-hour interval booked via the Service, the customer shall be obliged to pay the Max. daily rate (per 24h), https://www.we-share.io/en/pricing/.

13. Payment

1.Payment document/invoice
a) A payment receipt is created and sent by e-mail at the end of the rental.
b) If the user has not cancelled the reservation in accordance with provision IX (“Cancellation of reservation”) and has not used the Service during the Booking Period according to provision VI (“End of the rental”), a payment receipt is created and send by email at the expiry of the Booking Period.
c) Invoices and credit notes are issued exclusively in electronic form and will be sent by UMI GmbH upon request to we-care@we-share.io
d) In case of a credit note, the customer will be informed by the customer service. Invoices are then issued directly when the next booked trip is invoiced.

2. Administration of payment data
a) UMI GmbH is responsible for handling payments and refunds. We use a payment service for this purpose, e.g. to avoid having to store payment data ourselves.
b) Via the App the user has the possibility to store and manage payment data for the billing of the Service.
c) The user may only register in the App means of payment issued in his name. The User is obliged to report any abuse and/or suspected abuse of his user account and/or the payment function of the App to us immediately so that UMI GmbH can block the payment function. If we suspect that the user account and/or the payment function of the App has been misused or there is a risk of misuse, UMI GmbH may block the user account.
d) In addition to the legal liability obligations and the liability according to section XVI (“Behaviour in case of accident, damages, defects & repairs; traffic violations”), the user is liable for any damage caused by culpable violation of the aforementioned duties of care.

3. Payment
a) Unless otherwise stated in the booking, all payment claims against the user due to the booking of a vehicle are due immediately upon receipt of the invoice. Customer's bank account will be automatically charged upon issuing the invoice
b) It is possible to reserve amounts on User´s means of payment for a later debit (so-called pre-authorization) to secure our risk of default.
c) The user pays for the Booking Period and any other fees owed by or in connection with the use of the Service.
d) UMI GmbH will handle the payment together with the payment service provider Adyen.
e) Refunds shall generally be made to the means of payment with which the User made the original payment.
f) When using payment services of third parties, the terms and conditions of the respective provider may apply in addition to these Terms. Under certain circumstances, the user may first have to open a user account with third parties - usually free of charge - in order to use these payment services. UMI GmbH is not responsible for these payment services and does not offer these services itself.
g) The use of payment services of third parties may result in additional charges. These will be communicated by the third-party service provider. Our obligation to provide the User with a common and reasonable payment option free of charge according to § 312a paragraph 4 BGB (German Civil Code) remains unaffected.
h) If the payment of an invoice fails because, for example, the deposited 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 our payment service provider is responsible, further use shall be blocked until payment has been successfully made. During the period of suspension, journeys can neither be booked nor commenced.

14. Responsibility of the User

The user is obliged:
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 treat the used WeShare vehicle 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, as well as to only use App features when safe to do so

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

7. ensure that the high-voltage battery has sufficient capacity to bring the WeShare vehicle back into the return area and to end the rental,

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

9. 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.

10. 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 prohibitions, the User shall be obliged to pay penalties and fees to UMI GmbH in accordance with the schedule of fees available at https://www.we-share.io/en/pricing/.

15. Insurance cover Weshare

For each booking there is a motor vehicle liability insurance, which complies with the requirements of the compulsory insurance law. Here 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 €. Excluded from the insurance is the use of WeShare vehicles for the transport of dangerous goods subject to authorisation.

16. Behaviour in case of accident, damages, defects & repairs; traffic violations

1. Accidents, damages and defects occurring during the rental 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 refuses 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 each 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 in accordance with the provisions of the general Terms of Use of WeShare service.
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 Terms, 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.

17. Mileage and territorial restrictions

1. UMI GmbH has the right to terminate the rental unilaterally after verification if the maximum Rental Duration or the number of kilometres is exceeded. WeShare reserves the right to contact the User after 60 hours.
2. While there are no restrictions of use within Germany, the User is not allowed to cross the national borders with the WeShare vehicle.

18. Charging

1. During the Booking Period, the User is the only responsible for charging the car.

2. The User may connect the WeShare vehicle to public charging points in the area mentioned in the App. 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.

19. Rights of use, use of data

1. The user receives the free, non-exclusive, non-transferable and nonsublicensable right to use the Service in accordance with these terms of use.

2. UMI GmbH shall protect the User's personal data and shall use such data only to the extent permitted by law or if the User has consented to such 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).

20. 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.)

21. Responsibility of UMI GmbH

1. UMI GmbH is not responsible for damages caused by improper use of WeShare 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) the liability of UMI GmbH for breach of its contractual obligations is, subject to the following paragraphs, 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.

22. User Service

For WeShare, UMI GmbH provides the User with a telephone customer service around the clock. 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. The user can also reach WeShare by e-mail. The e-mail address is: we-care@we-share.io

23. Changes to the Terms of Use

UMI GmbH may make changes to these Terms 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.

24. 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 domicile or habitual residence; however, the User may sue UMI GmbH at any Court having jurisdiction over the User's domicile or habitual residence in addition to the Court having jurisdiction over the User's domicile or habitual residence.

2. All disputes arising out of or in connection with the Service, the App and 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.

25. 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.

26. Dispute resolution

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