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GENERAL TERMS AND CONDITIONS

 

These General Terms and Conditions (GTC) are to regulate the business relationship between ViveLaCar Wien GmbH ("ViveLaCar") and subscribers. These GTC apply to all contracts for the booking of subscriptions, which are concluded between ViveLaCar and subscribers via the website www.hyundai-abo.at  and via mobile applications.

 

1. Subject

The booking of subscriptions relates to the mobility solution offered by ViveLaCar, which enables the subscriber to use a vehicle for the minimum period of 3 months and beyond in a mobility package for flat-rate monthly and mileage costs ("car subscription").
The all-inclusive monthly costs include, in addition to vehicle use, payment of the annual premium for vehicle liability and comprehensive insurance, engine-related insurance tax, the motorway tax sticker, maintenance and wear repairs and inspections in accordance with the following conditions.

 

2. Booking and Conclusion of Contract

2.1 You can book a car subscription online via the Hyundai powered by ViveLaCar website at www.hyundai-abo.at. The prerequisite for the conclusion of a subscription is a positive credit check by ViveLaCar, a query sent to CRIF (www.crif. at) as well as the presentation of a valid driving licence of the required driving licence category, the presentation of a valid identification document (identity card or passport, front and back) and the payment of a security deposit by the subscriber. This must be paid by the subscriber using a credit card to an account named by ViveLaCar.

2.2 The subscriber initially has the option of requesting individual car subscriptions without obligation, on the website, from the ViveLaCar partner or by using the the app.

2.3 The binding contract, including these terms and conditions, only comes into effect when ViveLaCar confirms a positive credit check for the subscriber, sends the subscriber a final booking confirmation in text form and at the same time a successful identification process has taken place with the ViveLaCar partner. The confirmation of receipt of the booking request sent by the subscriber does not constitute an acceptance by ViveLaCar. ViveLaCar reserves the right to reject the conclusion of a contract or the corresponding offer in the case of a negative credit assessment without further explanation.

 

3. Subscribers, authorised drivers, authorised third parties

3.1 Subscribers can be private or company subscribers with their regular residence or company headquarters located in the Republic of Austria. The vehicle may only be driven by the subscriber and additionally by the drivers specified in the respective booking agreement, who must be named before the contract is concluded ("authorised drivers"). In the case of company subscribers, the vehicle may only be driven by the natural persons designated as authorised drivers.

3.2 The subscriber (if the subscriber is a natural person) and authorised drivers may entrust the vehicle for individual journeys to their respective first-degree relatives (parents, children), the spouse or non-marital partner of the authorised driver, if and insofar as they have the same place of residence (address subject to registration) as the subscriber or the authorised driver ("authorised third parties") and fulfil the other requirements in accordance with these GTC. The subscriber must ensure that the obligations arising from the car subscription, including these GTC, are also observed by the authorised drivers and authorised third parties. Upon request, the group of authorised drivers can be expanded at any time, provided that ViveLaCar has given its written consent.

3.3 Authorised drivers must meet the following requirements in order to be granted insurance cover:

  • the driver is at least 21 years old and is identified by name and date of birth;
  • the driver has their normal place of residence in Austria or in the EU area (international insurance card (green card))
  • the driver is in possession of a valid driving licence of the relevant category;
  • the driver has at least two years of driving experience in the relevant category.

3.4 If the subscriber, an authorised driver or an authorised third party leaves the vehicle to persons other than those named in point 3.2, he/she shall be jointly and severally liable to ViveLaCar and the insurer of the vehicle, together with the driver, for the latter's obligations to pay damages arising from the use of the vehicle. Possible further consequences, such as the termination of the booking agreement for good cause, remain unaffected.

3.5 ViveLaCar is entitled at any time during the term of the car subscription to carry out an electronic driver's licence check with the subscriber or the person specified as the authorised driver, i.e. to request a current copy of the valid driver's licence, which the subscriber is obliged to send immediately.

3.6 Before starting the journey, subscribers must independently check whether the respective authorised driver or authorised third party is fit to drive, is in possession of a driving licence valid within the territory of the Republic of Austria and fulfils the requirements of clause 3.3; the same applies to an authorised driver who gives the vehicle to an authorised third party. In addition, the subscriber must ensure that ViveLaCar can be informed at any time about who, as the authorised driver, has used the vehicle and at what time.

3.7 ViveLaCar reserves the right to make the handing over of the vehicle dependent on the transmission of a current copy of the driver's licence and a copy of the identity card of authorised drivers. If an authorised driver or authorised third party does not meet the personal requirements of clause 3 of these GTC, the contractual obligations of the subscriber, in particular the payment of the monthly costs, remain unaffected. In addition, the obligation to pay the monthly costs remains in force even if the subscriber no longer meets the requirements of clause 3.3 after the conclusion of the contract. This automatically triggers the notice period (see clause 15).

The subscriber and every authorised driver undertake to notify ViveLaCar immediately of the loss of their driving licence, a driving ban or the seizure or confiscation of their driver's licence and to strictly refrain from driving the vehicle during this time.

3.8 The subscriber must ensure that the obligations arising from these GTC are also observed by the authorised drivers and authorised third parties . Subject to the motor vehicle insurance cover in place after the booking, which also applies in favour of authorised drivers and authorised third parties, the subscriber is liable for authorised drivers and authorised third parties as if he/she were at fault, i.e. the subscriber must accept responsibility for their culpable conduct.

3.9 The subscriber is obliged to immediately report any change in his or her data (name or company name, address, bank details), a change of employer, a significant decline in his or her income, and to provide information at any time on request about authorised third parties who drive or have driven the vehicle.

 

4. Services included in the car subscription

4.1 For a monthly flat rate, the selected vehicle is made available to the subscriber for use. The registration costs, the motor vehicle insurance for motor vehicle liability and comprehensive insurance, the engine-related insurance tax, the motorway tax sticker and the costs for maintenance and wear-and-tear repairs and inspections, as well as the road-worthiness certificate ("Pickerl" (sticker)) in accordance with §57a (of the Kraftfahrgesetz - Motor Vehicle Law), as well as all repair costs if used in accordance with clause 7 are included in the total monthly costs.

The selected vehicle is registered at the ViveLaCar partner's headquarters. The subscriber should receive the registration certificate before the vehicle is handed over, but at the latest upon handover of the vehicle.

ViveLaCar will assume the costs for all maintenance and wear work required during the term of the subscription in accordance with the agreed mileage according to the service intervals of the respective manufacturer, as well as costs for the §57a (road-worthiness certificate).

4.2 ViveLaCar also ensures year-round tyre service and tyre changes due to wear and tear. ViveLaCar is responsible for the selection of size, make and material of tyres and rims. The subscriber is solely responsible for ensuring that the subscribed vehicle is brought to the ViveLaCar partner on 01.04. and 01.11. in time for the seasonal tyre change.

The subscription does not include the use of all types of automotive service fluids (e.g. fuels, AdBlue, windscreen wiper water, engine oil). These costs must be borne by the subscriber, and necessary automotive service fluids must be topped up according to the vehicle's operating manual. The subscriber's liability for incorrect operation remains unaffected.

4.3 ViveLaCar takes out a comprehensive insurance policy for the vehicle with a deductible for the subscriber, which includes the subscriber, the authorised drivers and authorised third parties as insured persons. The general terms and conditions for the motor vehicle insurance of the insurer apply, which will be made available to the subscriber prior to the conclusion of the booking and will be stored in the customer login.
The deductible for collision damage is 1,000 euros.

4.4 The policyholder of the group insurance contract is ViveLaCar, which alone has the rights under this contract. The persons co-insured in the motor vehicle liability insurance can, however, assert their claims independently with the consent of the ViveLaCar partner. The subscriber is obliged to ensure that the obligations under the group insurance contract are met when using the vehicle.

If a rejection of a claim or a reduction of a claim under the comprehensive insurance is due to the behaviour of an authorised driver or an authorised third party, the subscriber is liable for the lack of cover. There is a motor vehicle liability insurance policy for the car subscription vehicle that meets the requirements of the KHVG (Kraftfahrzeug-Haftpflichtversicherungsgesetz - Compulsory motor vehicle liability insurance law) There is a lump sum insurance sum of EUR 30 million per insured event.

The subscription includes car insurance that ViveLaCar has taken out with the Wiener Städtische Versicherung AG Vienna Insurance Group. The GENERAL CONDITIONS FOR THE MOTOR VEHICLE LIABILITY INSURANCE (AKHB 2015) and the GENERAL CONDITIONS FOR THE COMPREHENSIVE INSURANCE (VK 2013) apply.

In the event of damage that does not exceed the deductible of the comprehensive insurance in the individual case of damage, the subscriber shall bear the repair costs incurred immediately. The execution of repairs, the coordination between ViveLaCar and the subscriber and the clearance are based on clause 7.8 of the GTC.

4.5 For each kilometre driven during the term within the maximum kilometre-monthly mileage defined, the exact monthly mileage will be invoiced after 4 weeks, but at least the mileage agreed as a minimum. Additional kilometres will be billed at the stated mileage costs; unused kilometres will then be credited to the next month. In the event of a subscription package change, the previous month's unused kilometres collected up to that point will not be credited. An extension subscription is possible at any time, but must be notified. In this case, the vehicle already provided shall be returned, if necessary, against delivery of the newly subscribed vehicle. Delivery and return for the vehicles are based on clause 6 of the GTC. ViveLaCar reserves the right to make the rebooking dependent on a renewed positive credit check and a security deposit by the subscriber.

 

5. Delivery of the vehicle, damage to the vehicle

5.1 The ViveLaCar partner will immediately notify the subscriber of the availability of the booked vehicle and agree on a delivery date and place. Unless otherwise agreed in the booking agreement, the subscriber shall collect the vehicle at the notified delivery location at his or her own expense on the agreed date. The subscriber must present at the place of handover or, in the case of delivery at the delivery location, a driving licence valid in Austria and authorising the driving of the vehicle, as well as a valid identity card or passport. The original driver's licence and ID are checked when the vehicle is handed over. Otherwise, the vehicle may not be handed over. If there is reason to doubt the identity of the user, the ViveLaCar partner may refuse to hand over the vehicle.

5.2 The vehicle will be handed over to the user in a roadworthy condition with reserve fuel in the tank or minimum charge for electric vehicles with a minimum range of 100 km. The transfer of risk to the subscriber takes place with the delivery of the vehicle and the associated recorded signature of the subscriber, A transfer of risk at the time of default of acceptance by the subscriber remains unaffected by this regulation. If the ViveLaCar partner exceeds the delivery time by more than 2 weeks for reasons for which it is responsible, the subscriber has the right to extraordinary termination of the booking agreement. Any advance payments, security deposits and the costs of the starter package (clause 11) will be reimbursed to the subscriber.

5.3 If the subscriber or the person authorised by the subscriber to accept the vehicle does not accept the vehicle on the agreed handover date at the handover location or place of delivery, or if the vehicle cannot be handed over to the subscriber on the agreed handover date for the above-mentioned reasons, an alternative date shall be agreed at a cost of 199.00 euros including VAT. For each additional replacement date, costs of 250.00 euros including VAT will be charged, unless the subscriber is not responsible for missing the first handover or missing the respective replacement date.

5.4 When the vehicle is handed over, it is inspected by a competent employee of the ViveLaCar partner and any damage is recorded in a log. This also applies to the completeness of the accessories. This log, together with the findings made, shall be signed by the subscriber.

 

6. Vehicle return

6.1 14 days before the expiry of the subscription, or if the subscription is cancelled for good cause, the ViveLaCar partner shall agree with the subscriber a date for the return of the vehicle of the delivering ViveLaCar partner. The vehicle must be taken back within 5 working days of the end of the notice period. Unless otherwise specified in the booking agreement, the subscriber shall return the vehicle at his or her own expense to the return location at the agreed date. The vehicle must be cleaned inside and out. Previously unknown damage must be reported when the delivery is handed over. The return check is carried out when the vehicle is taken back. This must be signed by the subscriber.

If the return date for the vehicle is missed for reasons attributable to the subscriber, an alternative date is to be agreed at the subscriber's expense in the amount of 199.00 euros including VAT. For each additional replacement date, costs of 250.00 euros including VAT will be charged, unless the subscriber is not responsible for missing the first  return or missing the respective replacement date.

6.2 When the vehicle is returned, it is inspected by a competent employee of the ViveLaCar partner and any damage is recorded in a log. This also applies to the completeness of the accessories. This log, together with the findings made, shall be signed by the subscriber. If the subscriber does not agree with the findings or parts thereof, this must be noted in the log.

For the final evaluation of the vehicle upon return, if an agreement on the vehicle condition cannot be reached upon return, an expert opinion from an independent expert commissioned by ViveLaCar or its partner will be decisive. The right to assert claims for damages or defects that could not be recognised upon return remains unaffected.

6.3 If the vehicle is not returned to the ViveLaCar partner in a perfect, complete, roadworthy and operationally safe condition corresponding to the contractual mileage at the time of return or inspection (see also return check, including washed on the outside and cleaned on the inside as well as cleaned second tyres, if applicable) or if it is not returned to the ViveLaCar partner with all keys and documents provided (in particular, the registration certificate and service booklet) as well as accessories or if the stipulated maintenance and inspections cannot be proven, the subscriber is obliged to compensate for the damage incurred.

6.4 If the vehicle has defects or damages that are not due to normal ageing or contractual wear and tear, or if the vehicle does not comply with the regulations of motor vehicle and road traffic law, the subscriber is liable to ViveLaCar. There is no obligation to compensate for contractual traces of use that are appropriate for age and mileage, as well as for conditions that were already present at the time of handover to the subscriber as evidenced by the handover certificate; this refers to so-called previous damage.

6.5 If no agreement can be reached on the amount of the repair costs or the reduced value when the vehicle is taken back, a further motor vehicle expert will be commissioned to determine the extent of the defects and the amount of the repair costs and the reduced value. Should the motor vehicle expert make findings about conditions on the vehicle contrary to the terms of the contract, which are not due to traces of use or previous damage already reported by the subscriber, the subscriber shall bear the costs of this assessment. The expert's report resulting from the expert's examination becomes the basis for the calculation of damages in the respective final accounts.

 

7. Contractual Use

7.1 The subscriber undertakes to treat the vehicle with care in accordance with the operating instructions, to keep it in a roadworthy and safe condition and not to use it for any other purpose than the contractual use and to always lock the vehicle properly. The subscriber undertakes to comply with the legal requirements for a car owner.

7.2 The vehicle may not be used:

for motor sports purposes, in particular driving events where it is important to achieve a maximum speed or for the associated transfer journeys, for vehicle tests or driver safety training, for the commercial transport of persons or goods (e.g. use as a taxi, driving school car, courier, express, parcel service, patient transport or similar),

for journalistic purposes (publication of test reports and experience reports to the press or publication on the Internet, e.g. in social media etc.), for rental, free of charge or not, including car sharing, for the commission of criminal offences, even if they are only punishable under the law of the place of crime, for the transport of highly flammable, toxic or otherwise dangerous substances.

7.3 Smoking in the vehicle is strictly prohibited. In the event of non-compliance, the subscriber will be charged an additional cleaning fee of at least 500 euros plus VAT, depending on the degree of soiling. ViveLaCar reserves the right to assert a claim for damages beyond this.

7.4 The costs for fuel, user fees (e.g. toll, except for the motorway tax sticker fee), fines and penalties for traffic violations, as well as the costs for cleaning and maintenance of the respective booked vehicle, are borne by the subscriber during the respective term of the booking, or for the period until the actual return of the vehicle. With his or her signature, the subscriber confirms that the vehicle will be used primarily in Austria. Temporary, uninterrupted use abroad (see also 7.6.) must not exceed 8 weeks.

7.5 Modifications of a technical or visual nature (such as the application of stickers, conversions or vehicle tuning) to the vehicle may not be made at any time and in any way without the prior written consent of ViveLaCar.

7.6 In addition to Austria, the vehicle booked can only be operated in the following countries: Germany, Switzerland, Italy, Spain, Portugal, France, Croatia, Czech Republic, Slovenia, Slovakia, Hungary, Poland, Belgium, Netherlands, Denmark, Norway, Sweden, Finland, Estonia, Latvia, Lithuania, Greece, Liechtenstein and Luxembourg. Bringing the vehicle to any country not listed here is expressly prohibited. When travelling abroad, the subscriber is obliged to carry all necessary documents and any accessories or safety accessories, such as sufficient high-visibility vests, fuel/canisters, in the vehicle. All penalties, or costs incurred by the ViveLaCar or the ViveLaCar partner due to improper equipment and the like, shall be borne by the subscriber.

The risk resulting from any use outside of Austria is borne entirely by the subscriber, insofar as it is not covered by the motor vehicle insurance policy. In the event of claims abroad, the subscriber may have to pay the costs of handling the claims.

7.7 The subscriber undertakes to have necessary maintenance and wear-and-tear repairs carried out during the term and within the mileage agreed upon in the booking according to the service intervals of the respective manufacturer, the costs of which are borne by ViveLaCar according to clause 4.1, and to operate the vehicle according to the operating instructions. The subscriber is obliged to immediately report any error messages from the vehicle electronics system  in regard to maintenance, inspections, damages or malfunctions. The ViveLaCar partner is the workshop responsible for this.

7.8 Maintenance, repairs and workshop work on the vehicle may only be carried out within the Republic of Austria by the respective ViveLaCar partners (preferably with the delivering ViveLaCar company) with the prior written consent of ViveLaCar. This also applies to the installation or removal of accessory parts, maintenance and repairs at the intended maintenance and inspection intervals.

The subscriber is liable for any damages resulting from the violation of the above provisions, in particular later additional costs for repair and maintenance, a reduction in the value of the vehicle, limitations or failures of the manufacturer and/or dealer warranty. This does not apply if such damages are due to the fault of a third party or if the subscriber is not responsible for the breach of duty.

7.9 In the case of black ice, slippery snow, slush, ice or frost, the vehicle may only be driven with tyres suitable for this weather. The subscriber is solely responsible for ensuring that the subscribed vehicle is brought, preferably to the delivering ViveLaCar partner, on 01.04. and 01.11., in time for the seasonal tyre change. The seasonally required tyres are included in the monthly subscription fee.  For special use on ice and snow and driving over solid snow cover, the use of snow chains is recommended (but required where the use of mandatory snow chains is mandatory), which are to be obtained at your own expense.

 

8. Traffic violations

8.1 The subscriber shall ensure that the necessary measures are taken vis-à-vis the regulatory authorities in the event of traffic offences related to the vehicle. ViveLaCar will report the subscriber to the regulatory authorities, stating that the subscriber is subject to the owner's obligations, as well as the names of the authorised drivers, who were named by the subscriber in the booking agreement, together with an indication of who is considered an authorised third party. The subscriber exempts ViveLaCar in full from all claims and costs (in particular 'on the spot' penalties and fines, logbook requirements according to the Austrian Road Traffic Act (StVO)) in case of traffic violations related to the vehicle for which the subscriber, the authorised driver or an authorised third party  is responsible.

In this context, explicit reference is made to certain special features, e.g. under national and other road traffic regulations, which may, under certain circumstances, lead to criminal prosecution of members of the licence holder's administrative bodies in the event of infringements and non-compliance (driver enquiry).

8.2 In the event of a violation of the law committed abroad in connection with the use of the vehicle, which is asserted against the ViveLaCar partner as the owner (e.g. parking violations, speeding violations etc.), the fine or penalty payment may be paid and subsequently invoiced to the subscriber. The collection of these takes place with the monthly invoice and is shown separately.

8.3 The handling of administrative offences or criminal proceedings by ViveLaCar will be charged separately to the customer with 15.00 euros including VAT per individual case. The customer has the right to prove that a lower expenditure was incurred by ViveLaCar.

8.4 If the subscribed vehicle is declared forfeited due to violations of the law, the subscriber is obliged to compensate the value of the vehicle on the basis of an appraisal commissioned by ViveLaCar at the subscriber's expense.

 

9. Downtime

In the event that the subscriber is temporarily or permanently unable to use the vehicle for reasons beyond the control of ViveLaCar, the subscriber shall have no claim against ViveLaCar or the ViveLaCar partner for compensation for loss of use and/or reimbursement of rental costs.

 

10. Claims settlement

10.1 In accordance with the principles of comprehensive insurance and motor vehicle liability insurance and according to the general conditions for the car insurance (AKB), which are part of the GTC and are stored in the customer login, the subscriber is obliged to report any damage to the vehicle immediately.

10.2 According to the regulations of the comprehensive insurance and the motor vehicle liability insurance in accordance with the insurance conditions underlying the contract, the subscriber must do everything necessary to clarify the insured event and the scope of the insurance company's liability. Examples of this include the following:

    • in the event of damage involving third parties, the police are to be called in immediately if the data could not be exchanged between the parties involved or personal injury has occurred, and
    • no acknowledgement of liability shall be made by the customer, authorised driver or authorised third party, and
    • no information on the matter shall be given to insurers of other parties involved in the accident without prior consultation with ViveLaCar.

10.3 The subscriber is obliged to ensure that all obligations are complied with even in the event of an insured event, and, in particular, that all measures necessary to mitigate damages and preserve evidence are taken. This includes, among other things, that no acknowledgement of fault is given by the subscriber, authorised driver or authorised third party and that no information on the matter is given to insurers of other parties involved in the accident.

10.4 If the subscriber intentionally or grossly negligently violates one of the above points, he or she will be liable to the owner, ViveLaCar and the insurer.

10.5 Accident-related damage must be reported immediately in writing and repaired. As a rule, repairs should always be carried out in the workshop of the delivering ViveLaCar partner. In the event that the subscriber is released from liability according to the provisions of the existing car insurance, ViveLaCar will decide whether the vehicle should be repaired.

10.6 ViveLaCar is solely responsible for the insurance processing of all vehicle-related damages and for damages to the vehicle for which a third party or its insurer or the subscriber is responsible, the ViveLaCar partner who owns the vehicle will repair the damage in the name and on account of ViveLaCar.

10.7 ViveLaCar may, if necessary and at its sole discretion, and taking into account the interests of both parties, appoint a specialised lawyer to settle claims and coordinate with the subscriber in relation to the claims to be pursued. If, in the event of a claim, there is a loss of insurance cover or a reduction in benefits, the costs of legal action will be charged to the subscriber in proportion to the loss of cover, depending on the fault of the subscriber. There is no legal expenses coverage under the present contract.

10.8 ViveLaCar and the ViveLaCar partner are entitled to any compensation from third parties or their insurers for vehicle-related damages. The subscriber is obliged to provide all data and documents necessary for this purpose, in particular regarding the circumstances of the damage, cause of the damage and expected extent of the damage. A damage form is available to the subscriber on the website www.hyundai-abo.at  in the customer portal area.

10.9 The ViveLaCar partner is entitled to compensation payments from third parties or their insurers for impairment. If, in the case of invoicing on the basis of an expert opinion/calculation of repair costs, the amount shown in the expert opinion/calculation of repair costs exceeds the repair costs actually paid, the subscriber is not entitled to this amount. The subscriber is not entitled to replacement transportation in the event of damage.

 

11. Starter package, subscription costs, additional kilometres, invoicing, terms of payment

11.1 Each time a booking agreement is concluded, the subscriber will be charged for the starter package in the amount of 299.00 euros including VAT. This includes provision of the booked vehicle.

11.2 The amount of the monthly subscription costs for the booked car subscription can be found in the booking agreement; this will be invoiced by ViveLaCar monthly in advance, together with the costs for additional kilometres (kilometres driven minus at least the agreed minimum kilometres) as well as any costs incurred due to traffic violations. If the vehicle is not handed over or taken back on the first or last day of a month, the first or last monthly subscription instalment until the day the vehicle is actually taken back will be charged pro rata on a daily basis for the beginning and end month. The mileage is transmitted to the central data centre of ViveLaCar at the end of the month and is used as the basis for the calculation. Deviating mileage must be reported immediately. The transmitted data status is binding – the subscriber is free to prove the opposite. The prices stated in the booking are inclusive of VAT at the statutory rate.

11.3 The subscriber is entitled to change his or her kilometre package (subscription) 24 hours before the deadline of a billing period. The subscriber can change the kilometre packages in the customer login. The unused kilometres collected from the previous period expire at the time of the changeover, the excess kilometres are offset against the next bill. ViveLaCar will notify the subscriber of the change in the kilometre package via email, as well as upon activation. The change can only be cancelled by customer service. The subscriber can find the history of the invoices in the customer login.

11.4 Payments made by the subscriber can only be made in a cashless way by means of a credit card. If there is a return debit for which the subscriber is responsible as part of a credit card transaction, the subscriber must pay a flat-rate reimbursement of 15.00 euros including VAT. The subscriber has the right to prove that no or lower costs have been incurred.

11.5 The subscriber agrees that the invoices are generally sent in electronic form to the email address provided by the subscriber. The subscriber agrees that he or she will not receive paper invoices.

11.6 As part of the billing model, the subscriber expressly agrees that the mileage data and GPS data will be stored for 24 months. The data will not be passed on to third parties and will only be used to calculate the kilometres driven.

 

12. Security deposit and late payment

At the beginning of the contract, a deposit of one subscription instalment is to be paid in accordance with the provisions in clause 2. If the customer's account cannot be debited via the credit card indicated, ViveLaCar is entitled to charge this against the deposit. Furthermore, ViveLaCar is entitled to cancel the car subscription within 14 days after a one-time request for settlement of outstanding receivables, unless the subscriber proves that he or she is not responsible for the delay in payment.

 

13. Liability and warranty of ViveLaCar and the ViveLaCar Partner

13.1 ViveLaCar is not liable for force majeure. Liability for the breach of contractually regulated obligations is also limited, except in the case of intent and gross negligence, including intent and gross negligence of representatives and vicarious agents. In cases of slight or moderately negligent violation of essential contractual obligations, which are do not involve injury to life, body and health, the liability of ViveLaCar is limited to the extent of compensation that is usually reasonably foreseeable at the time of concluding the Contract.

13.2 The ViveLaCar partner provides the subscriber with a vehicle as part of the arranged car subscription and provides the mobility services offered.

13.3 As part of the car subscription, if the proper functioning of the vehicle is impaired, the customer is referred to a specialist company recognised by the manufacturer and the costs for repairs due to wear and tear or material defects are covered. Further claims of the subscriber due to material defects of the provided vehicle are excluded.

 

14. Dispositions, enforcement, right of retention, offsetting, assignments

14.1 Pledging, security transfer or any other disposition of the vehicle by the subscriber is not permitted.

14.2 The subscriber has no right of retention of the vehicle.

14.3 Offsetting against the claims of ViveLaCar is only permitted in the case of undisputed or legally established claims of the subscriber.

14.4 ViveLaCar is entitled to assign claims from the contractual relationship, among other things, for the purpose of refinancing.

14.5 The subscriber hereby declares his or her consent that a the assignment of a security for financing purposes is permitted.

14.6 If claims from this agreement are assigned, and the booking agreement is transferred to another party, ViveLaCar is entitled to transmit the subscriber's personal data and contract data.

 

15. Duration, termination

15.1 The term of the car subscription is at least three months starting on the day of delivery of the booked vehicle or from the time the replacement mobility is made available and is thereafter extended indefinitely. The booking agreement can be terminated by the subscriber with a notice period of 3 months. Notice of termination must be in writing and can be given by letter or email.

A tacit extension of a cancelled booking agreement is excluded. This also applies and in particular if the vehicle is returned late after the end of the contract.

15.2 The right to terminate the contract without notice for good cause remains unaffected. Good cause for extraordinary termination applies particularly, if:

  1. The customer is in arrears for two consecutive payment deadlines with the payment of the subscription instalment or a not insignificant part of the subscription instalment; or
  2. The customer is in arrears with the payment of the subscription instalment in a period extending over more than two payment deadlines in an amount corresponding to the subscription instalments for two months; or
  3. The customer, the authorised driver or authorised third parties violate the rights of ViveLaCar to a considerable extent by endangering the vehicle left to them in each case by a substantial neglect of due care or by leaving it with a third party without authorisation.
  4. The customer provided incorrect information when the contract was concluded or concealed the facts and ViveLaCar cannot therefore be expected to continue the contract until the end of the notice period or until the user relationship has ended;
  5. The customer does not pay the deposit requested by ViveLaCar in good time when a security event occurs; or
  6. The customer fails, after two written reminders, to pay the excess to be paid after the occurrence of an insured event to settle the claim within a reasonable period; or
  7. The customer's economic situation deteriorates or threatens to deteriorate in such a way that a contract would not have been concluded in the circumstances that have occurred or are imminent; or
  8. The continuation of the booking is unreasonable for ViveLaCar due to the customer's claims ratio for which the customer is responsible. This is particularly the case with a total claim in the amount of 5,000.00 euros, unless the customer is not responsible for this total claim in an amount of at least 5,000.00 euros.

15.3 With the extraordinary termination, the subscriber loses the right of ownership of the vehicle provided and is obliged to return the vehicle with all keys and all documents provided (e.g. vehicle registration document, subscriber service booklet, etc.) at his or her own expense and risk, while observing the return process. ViveLaCar is entitled to take possession of the vehicle after unsuccessful expiration of a reasonable time limit for return.

If the subscriber does not hand over the vehicle, the keys or the documents within the delivery period, he or she must reimburse the costs of locating and securing the vehicle and the replacement of the vehicle keys and documents as well as any further damage resulting therefrom, unless the subscriber is not responsible for the late return. However, the subscriber shall be responsible for late or non-delivery by the authorised driver in the same way as for his or her own actions.

In the event of the vehicle being secured, the inspection is no longer required when taking back the vehicle within the meaning of these GTC. ViveLaCar or its partners are then entitled to carry out an assessment and to charge the subscriber for any damage.

The right to assert claims for damages in the event of extraordinary termination will remain reserved

After the subscription has ended, the unused kilometres will expire. The subscriber will not be entitled to a refund.

 

16. Other agreements

16.1 Austrian law applies to the exclusion of the conflict of law rules applicable in Austria.

16.2 If the subscriber is an entrepreneur or a legal entity or if the subscriber moves his or her domicile or usual place of residence outside of Austria after the conclusion of the contract or if his or her domicile or usual place of residence is unknown at the time of the institution of legal proceedings, the place of jurisdiction is exclusively Vienna.

16.3 Should individual provisions of this agreement be invalid, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provisions with those that correspond to the original purpose of the invalid provision.

16.4 Additional agreements, amendments and supplements to these GTC are only effective if they are agreed in writing at the time of or after the conclusion of the contract and are expressly designated as additional agreements, amendments or supplements. This is true for this clause also.

16.5 ViveLaCar will notify the subscriber in writing of changes to these terms and conditions. If the subscriber does not object to the changes within 4 weeks of receiving the notification, the changes are deemed to have been agreed. The subscriber will be separately informed of the right to object and the legal consequences of silence upon notification of the change in the contractual terms. In the event of a timely objection, the original regulations remain unchanged instead of the change.

16.6 The subscription period expires after 24 months. ViveLaCar shall endeavour to provide the subscriber with an equivalent vehicle. The subscription costs may adjust accordingly. The subscriber must agree to the new vehicle.

 

This version last updated: 23/04/2020