General terms and conditions
1.1 The following terms and conditions govern the business relationship between registered participants and Transport Service Solutions GmbH as operator of “mo2drive powered by SCO2T” (hereinafter referred to as “mo2drive”).
1.2 The mo2drive service serves to cover a short-term need for mobility within the defined business area. The current business area can be viewed on the mo2drive website.
1.3. mo2drive provides the participants with various vehicles of vehicle class L (motorcycles) for rent. The use takes place on the basis of the following conditions.
1.4. mo2drive offers Transport Service Solutions GmbH and mo2drive GmbH vehicles for hire.
1.5 These General Terms and Conditions apply to registration with (framework agreement) and rental of vehicles (individual rental agreement) with mo2drive. The conclusion of the framework agreement does not entitle either mo2drive or the participants to conclude individual rental agreements.
Participants within the meaning of these conditions are natural persons who are entitled to ride and who have an upright business relationship with mo2drive.
Only natural persons are entitled to take over and operate mo2drive vehicles who
3.1. have reached a minimum age of 18 years;
3.2. Who have been in possession of a driving licence (or have an ARBÖ membership) issued by the Republic of Austria or another member state of the European Union, Switzerland, Liechtenstein, Norway or Iceland for at least 12 months. Participants with a driving licence from another country also need an international driving licence;
3.3. Always carry their driving licence with them at all times and comply with all associated requirements. In the event of withdrawal or loss of the driving licence, the driving authorisation for the mo2drive vehicle expires immediately for the duration of the loss/withdrawal. The same applies for the duration of a driving ban;
3.4. have registered on the mo2drive website, providing their personal data;
3.5. Have deposited a payment method with mo2drive or for which a payment method has been deposited by third parties (e.g. corporate credit card);
3.6. Are in full possession of their mental faculties and have not taken any drugs, alcohol or medication which could impair their ability to drive. A limit of 0,0‰ applies to alcohol;
3.7. Are legally in possession of a necessary means of access (mobile telephone with Internet access).
All participants are strictly prohibited from allowing third parties to drive mo2drive vehicles, even if the third person is a mo2drive participant. In the event of a violation, the participant undertakes to pay a contractual penalty according to the price list. The assertion of further damages remains unaffected by this.
4.1. mo2drive provides participants with an app or web app (available at mo2drive.com) as a means of accessing their Internet-enabled mobile phone.
4.2 After presentation and verification of their driving licence, mo2drive will provide participants with a username and password for the app and a PIN for two-tier authorisation (if requested by the participant) of paid vehicle rental.
4.3 Attempts to manipulate or copy the means of access using information technology methods are prohibited. Violation of this rule leads directly to exclusion from the mo2drive service. The participant bears the costs of any damage resulting from the infringement.
4.4 The participant is liable to the extent permitted by law for all damages caused by the loss of the means of access, in particular if damage, theft or misuse of a mo2drive vehicle was made possible as a result.
4.5 Access means and PIN shall be stored separately. The participant is liable in the event of non-compliance.
mo2drive vehicles displayed on the map in the app can be pre-booked for up to 20 minutes. mo2drive has the right to refuse a reservation if there are not enough mo2drive vehicles available to fulfill the reservation requests.
6.1 Participants may spontaneously rent mo2drive vehicles without prior reservation. Spontaneous use is only possible for mo2drive vehicles that are shown to the participant as available in the app.
6.2 In exceptional cases, inaccuracies in the GPS signal may result in deviations from the actual location of the vehicle to that displayed. mo2drive accepts no liability in this regard.
6.3 The rental agreement is considered concluded as soon as the participant activates the control element “chargeable rental” in the app. The rental period begins when the contract is concluded and ends when the participant has duly completed the rental process (see Article 9).
6.4 If the vehicle has not been opened by the participant within 5 minutes of operating the control, mo2drive reserves the right to close the vehicle again for anti-theft reasons.
6.5 The maximum rental period for individual rentals is 48 hours.
6.6 Petrol-powered mo2drive vehicles can also be rented on a weekly, monthly or seasonal basis (long-term rental). For long-term rentals the fuel costs are not covered by mo2drive.
Flatrate (carefree use, capped with the respective flat rate)
6.6.1 The rental period for a day rental is 24 hours. The mo2drive app automatically recognizes the daily rent (as soon as you have reached the amount according to the price list for a daily rent and have not changed the scooter) and automatically charges only the daily rate (according to the price list).
6.6.2 The rental period for a weekly rental is 24 x 7 hours and begins with the first journey via the mo2drive app. The rental price is capped with a flat rate (according to the price list). The mo2drive app automatically recognizes the weekly rent and automatically charges the weekly flat rate (according to the price list).
Long term rental (monthly or seasonal)
6.6.3 The rental period for a monthly rent is 30 x 24 hours (month) and for a seasonal rent 8 x 30 days. When one of these contracts is concluded, the contract begins when the mo2drive scooter is collected. The term cannot be terminated prematurely by the customer.
The rented mo2drive scooters will be personally handed over to the tenants in the mo2drive workshop 1160 Vienna, Stillfriedplatz 1. The mo2drive scooters are handed over with a full tank of fuel and must also be returned by the renter with a full tank of fuel and cleaned, i.e. in the condition in which the renter took over the scooter. If a tenant does not fulfil this obligation, he/she has to bear the fuel costs and the cleaning costs (according to the price list) incurred for the respective full refuelling. As soon as the return time is exceeded by more than 30 minutes, the tenant will be charged a full calendar day (according to the price list).
7.1 The participant undertakes to check the mo2drive vehicle for visible defects, damage and coarse impurities before the start of the journey and, if necessary, to report these using the app by clicking on the “Report problem” button and selecting a new damage from a list. Alternatively, the participant can contact mo2drive directly via telephone, mail or service chat. In order to make a cause-fair allocation of the damage possible, the message must take place absolutely before the beginning of the journey (movement of the vehicle). The participant is obliged to provide complete and truthful information. If the safety of the journey appears to be impaired, the service team is entitled to prohibit the use of the mo2drive vehicle.
7.2 The mo2drive service team is authorized to call the participant on the mobile phone number stored in the personal data and to determine the cause of the disrupted sequence of use in the event of problems, disruptions to the sequence of use or an accident. In addition, the mo2drive service team is entitled to prohibit any further use of the mo2drive vehicle if there is reason to suspect that conduct in breach of contract has occurred.
8.1 Accidents, damage, theft, destruction and other destruction of the vehicle must be reported to mo2drive immediately by telephone. The participant is obliged to ensure that all reasonable measures necessary to mitigate damage and preserve evidence are taken. For this purpose the participant has to report any damage to the police. The nearest police station must also be requested to take up the accident report in the sense of § 4 para 5a StVO in the case of pure damage to property. This also applies to minor damage and accidents for which the customer is responsible without the cooperation of third parties. Should the police refuse to record an accident, the participant must prove this to mo2drive in a suitable form (e.g. written confirmation from the police or information, including day and time, which police station was notified by telephone but refused to record the damage). If no third party has been injured as a result of the accident or if – in the case of pure material damage – data could be exchanged with the injured third party within the meaning of § 4 (5) StVO, the next police station may exceptionally not be notified if only minor damage to the paintwork (scratches etc.) has occurred on the vehicle. In such a case, however, the participant is obliged to report the damage immediately to mo2drive, submitting an accident report in accordance with Article 8.5. If the vehicle has been damaged by unknown third parties (parking damage, hit and run accident), the participant must inform the nearest police station immediately – even in the case of minor damage – and demand that the damage be recorded.
8.2 The participant may, subject to Article 8.1, only leave the scene of the accident if
8.2.1. the police registration has been completed and
8.2.2. Hand over the vehicle (if necessary) to a towing company; or
8.2.3. After consultation with mo2drive within the business area. The continuation of the journey is only permitted with the express permission of mo2drive.
8.3 These obligations of the participant shall not apply if he/she justifies or excuses his/her removal from the accident site due to injuries caused by an accident to a person involved in the accident.
8.4 In the event that the vehicle is no longer roadworthy or roadworthy, the participant shall be liable for all costs incurred in returning the vehicle in the event of an accident for which he/she is responsible. In the event of an accident, the rental agreement shall not be terminated until it has been properly returned in accordance with Article 9 and the user charges shall be calculated accordingly. If, as a result of the accident, the vehicle is no longer roadworthy or roadworthy, the rental agreement ends after consultation with mo2drive when it is handed over to the towing company.
8.5 Furthermore, the participant is obliged to immediately send mo2drive a written accident report and, subject to article 8.1, to state the police file number. All instructions of the mo2drive service team must be observed. The participant is prohibited from making an acknowledgement of debt or from anticipating the settlement of any liability claims by means of payment services or other actions recognising damage and/or debt (endangerment of insurance cover). At the request of mo2drive, the participant must complete and sign the damage form provided by mo2drive and return it to mo2drive within 5 days. If the damage is not settled by the insurance company due to culpably late return, mo2drive reserves the right to charge the participant with all accident related costs.
8.6 In any case, mo2drive shall be solely entitled to choose the repair workshop. In all cases, mo2drive shall be entitled to compensation in connection with damage to mo2drive vehicles. If the participant has received such services from third parties, he/she must forward them to mo2drive without being asked to do so.
9.1 If the participant wishes to complete a rental process, he/she is obliged to do so:
9.1.1. To park the mo2drive vehicle properly (i.e. on the main stand, on level ground) and in accordance with the road traffic regulations in a parking area of the public traffic area. Any violation of traffic rules or any prohibition ordered by the owner of the area shall be at the expense of the participant. Parking mo2drive vehicles in towing zones (loading zones, disabled parking spaces) is strictly prohibited, regardless of any time limits. Should it be necessary for mo2drive to re-park the vehicle or should a towing service be commissioned by a third party, the participant must pay for this service;
9.1.2. Not to terminate the mo2drive rental on private or company premises (except permanent rents) and green areas (parks). The prohibition also applies to customer parking spaces in shopping centres and commercial premises (e.g. supermarkets, DIY stores and the like), which are designated as such, as well as to neighbouring parking spaces. The mo2drive vehicle must always be free for everyone and accessible without obstacles;
9.1.3. To ensure that the helmet and key have been placed in the seat compartment or, if available, a second helmet has been placed in the top case, that the first aid kit and vehicle documents are in the seat compartment and that the bench seat and, if applicable, the top case are locked and secured;
9.1.4. Ensure that no waste or coarse debris remains in and on the mo2drive vehicle.
9.2 The rental process may only be terminated if the mo2drive vehicle is within the current mo2drive business area. The boundaries of the business area can be viewed online at any time and are displayed to the participant on the map of the app. The business area shown serves as an orientation and does not constitute a claim. In the mo2drive app, a warning appears when outside the business area an attempt is made to terminate the lease. If the rental process is nevertheless terminated outside the business area, the participant will be charged a return fee in accordance with the price list.
9.3 The rental process may only be terminated if a mobile phone connection can be established at the location of the mo2drive vehicle. If this is not the case in a special case, the mo2drive vehicle must be parked by the participant until a mobile phone connection is available.
9.4 The participant must ensure that his/her mobile phone has sufficient battery power to complete the rental (if necessary by charging in the vehicle; many mo2drive vehicles are equipped with a USB interface with sufficient power to charge standard mobile phones). The end of a rental process is initiated by the participant clicking on the “End rental” button in the app on his/her mobile phone and this does not display a fault message. Only when the app confirms the termination of the rental process is the rental actually terminated. If the participant leaves the mo2drive vehicle although the rental process has not been completed, the rental will continue at the participant’s expense. If the rental process cannot be completed for various reasons, the participant is obliged to report this immediately to mo2drive and to remain with the vehicle until the service team has decided on how to proceed. If the participant is not at fault, any additional rental costs will be refunded after mo2drive has carried out the test. The participant is at fault if, for example, the mo2drive vehicle does not allow the rental to be terminated because the bench seat is not closed or the vehicle is outside the business area.
9.5 In the event of an accident in which the vehicle is no longer roadworthy, the rental period shall end at the latest when the vehicle is handed over to the towing company or a mo2drive employee.
10.1 In addition to the participant’s obligations arising from other articles of these terms and conditions, the participant is obligated:
10.1.1. To handle the mo2drive vehicle used with care and to comply with the prescribed maximum speed;
10.1.2. To fullfil all legal obligations in connection with the operation of the mo2drive vehicle, in particular those of the Road Traffic Act and the Road Traffic Regulations;
10.1.3. If a warning light other than the dashboard fuel gauge lights up, stop immediately and contact the service team to determine whether the journey can be continued;
10.1.4. To secure the mo2drive vehicle against theft even during use, e.g. during a parking procedure (seat compartment and, if applicable, top case must be locked);
10.1.5. To keep the personal data deposited with mo2drive up to date; this applies in particular to address, mobile phone number, e-mail address and data relating to payment methods. If the data is demonstrably not up-to-date (e.g. delivery of an e-mail not possible, mobile phone number outdated, credit card expired) mo2drive reserves the right to temporarily block the account of the participant and until the data is updated;
10.1.6. At any time, at the request of mo2drive, provide the exact location of the mo2drive vehicle and enable the vehicle to be inspected.
10.2 The participant is prohibited from doing so:
10.2.1. To drive the mo2drive vehicle under the influence of alcohol, medicines or drugs which may impair its ability to drive; there is a mandatory absolute ban on alcohol (0.0 ‰);
10.2.2. To use the mo2drive vehicle for motorsport events, off-road driving or racing of any kind; and
10.2.3. To use the mo2drive vehicle for driving training, vehicle testing, for the commercial carriage of persons or for subleasing;
10.2.4. Use the mo2drive vehicle for the carriage of highly flammable, toxic or other dangerous substances;
10.2.5. To use the mo2drive vehicle to transport articles which, because of their size, weight or shape, impair driving safety;
10.2.6. Use the mo2drive vehicle for criminal offences;
10.2.7. Carry children under the age of 12 or less than 150 cm if they are neither tall enough to reach the footrests nor strong enough to hold on to the driver;
10.2.8. To carry out repairs or other alterations to the mo2drive vehicle or have them carried out unauthorised and without authorisation;
10.2.9. To drive the mo2drive vehicle abroad;
10.2.10. To put a mo2drive vehicle into operation without concluding a corresponding rental agreement and/or to continue operation after the rental period has ended. In the case of driving without a concluded and/or still valid rental contract, the participant is obliged to pay a contractual penalty in the amount of a damage deductible. mo2drive reserves the right to assert claims for further damages as well as criminal prosecution.
10.3 The participant is fully liable for the consequences of traffic offences or criminal acts committed with mo2drive vehicles. He/she is responsible for all resulting fees and costs and indemnifies mo2drive completely from any claims of third parties. For the handling of traffic violations (warnings, fines, fees, etc.), the participant must pay a handling fee to mo2drive for each transaction. The amount of the processing fee is stated in the respective valid price list.
11.1 All mo2drive vehicles are covered by liability insurance in accordance with statutory requirements. The limitation of liability does not cover damage caused by improper handling and/or operation of the vehicle, e.g. by ignoring warning lights or by incorrect refuelling for which the participant is responsible, or by improper transport of cargo.
11.2 Insofar as mo2drive receives payments from insurance companies or third parties in the event of damage, these payments shall be offset against the participant’s compensation obligations.
11.3 For damages caused intentionally by the participant or his/her vicarious agents, there is no insurance cover and no limitation of the participant’s liability to the deductible. In the event of liability on the part of the participant without insurance cover from the vehicle insurance, mo2drive will be released from the liability claims of third parties by the participant. In the event that mo2drive is partly to blame, this only applies to the share attributable to the participant.
11.4 The participant is liable for damages incurred by mo2drive up to an amount equal to the agreed deductible within the scope of the limitation of liability. The applicable deductible can be found in the price list. If a damage was caused by gross negligence, the participant is fully liable for the entire damage caused by him/her beyond the deductible.
11.5 If mo2drive suffers damage in the event of a culpable breach by the participant of the vehicle usage regulations in accordance with Article 10, the participant shall be fully liable for the entire damage caused by this breach in addition to the deductible. However, the participant is only liable for the loss of profit in the event of gross negligence.
11.6 A claim to the contractual limitation of liability does not exist if an obligation to be fulfilled by the participant has been intentionally breached, in particular in the event of a breach of his/her obligations under Article 10.1. In the case of a grossly negligent violation of an obligation to be fulfilled by the participant, there is also no claim to the contractual limitation of liability. Not with standing the above, the agreed excess shall remain in force for each case of damage, in so far as the breach of the obligation is neither the cause of the occurrence of the damage nor of the determination or extent of the damage by mo2drive; this shall not apply if the obligation has been fraudulently breached.
11.7. mo2drive offers participants to reduce the deductible for damages not caused by negligence by concluding a deductible reduction agreement for a defined period of time. Prices and validity periods are regulated in the respective valid price list. In the event of damage, the customer must pay 5% of the amount of the damage, but at least the amount of the deductible according to the price list.
12.1 If mo2drive is liable for damage caused by slight negligence due to statutory provisions, mo2drive’s liability shall be limited: Liability exists only in the event of a breach of material contractual obligations, such as those which the rental contract of mo2drive wants to impose according to its content and purpose or the fulfilment of which is essential for the proper execution of the rental contract and on the observance of which the participant regularly trusts and may trust. Liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. Insofar as the damage is covered by an insurance taken out by the participant for the damage in question (with the exception of sum insurance), mo2drive shall only be liable for any associated disadvantages of the participant, e.g. higher insurance premiums or interest disadvantages, until the damage has been settled by the insurance company.
12.2 Liability for initial defects of the mo2drive vehicle, regardless of fault, is excluded.
12.3 Irrespective of any fault on the part of mo2drive, any liability on the part of mo2drive in the event of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
12.4 The personal liability of mo2drive’s legal representatives, vicarious agents and employees for damages caused by slight negligence is excluded. With the exception of legal representatives and executive employees, the limitation of liability regulated for mo2drive in this respect shall apply accordingly to damage caused by gross negligence on their part.
12.5 The limitations of liability set out in this section shall not apply to injury to life, limb or health.
12.6. mo2drive accepts no liability for objects left behind in the mo2drive vehicles (lost property) in the event of slight negligence.
12.7 The use of mobile phone holders and USB charging sockets attached to mo2drive vehicles is at the user’s own risk – mo2drive accepts no liability in this respect.
13.1 The participant undertakes to pay the prices for the chosen tariff. The prices can be found in the valid price list. These are gross prices. Payment is due upon termination of the respective individual rental agreement. The registration fee is due after registration has been completed.
13.2. In this context, mo2drive reserves the right to assign its claims arising from the contractual relationship to third parties (collection agency).
13.3 The use of mo2drive vehicles shall be invoiced as follows: The parking times that have accrued within the framework of a rental process are added, fractional minutes rounded up from the completed 31st second and billed at the parking rate. Open driving minutes will be rounded up and invoiced at the driving tariff. If the respective account of the participant has a credit balance, the aforementioned uses will first be deducted from this account. An invoice is generated for uses that are not covered by the account. The invoice will be issued at the end of a billing period and sent to the participant by e-mail.
13.4 If the vehicle is not roadworthy even though it was shown to the participant on the map on the mobile phone, there will be no rental charge for the participant if the participant reports the incapacity to drive to mo2drive as described in article 7.1.
13.5 If a participant receives free minutes, these will be credited to the free minutes account within 3 working days. The free minutes entitle you to use (drive and park) mo2drive vehicles. Contingents not used within the validity of the respective free minutes expire. Unless otherwise communicated, free minutes are valid for 12 months.
13.6 The participant is obliged to ensure that the payment method specified by him/her has sufficient coverage. If the amount collected is debited back by the respective bank, the participant must pay the bank charges and subsequently pay a reminder fee in accordance with the current price list. In addition, mo2drive is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate per annum. In the event that the participant indicates SEPA Direct Debit as means of payment, mo2drive will notify the driver at least 2 days prior to collection (pre-notification). This notice period applies to all agreed SEPA direct debits in the business relationship between mo2drive and the participant.
13.7 The participant generally receives free minutes by filling up a mo2drive vehicle. A mo2drive vehicle is considered to have a full tank of petrol if the dashboard (fuel gauge) shows only a black line of residual petrol before the start of refuelling and a black line of 7 after the end of refuelling. In this case the participant will be credited with 15 free minutes.
13.8. mo2drive requires a proper invoice in order to reimburse the participant for the costs of refuelling a mo2drive vehicle. The participant submits the invoice to mo2drive by uploading it in the app or sending it to firstname.lastname@example.org The paper version of the invoice is placed in the seat compartment of the mo2drive vehicle by the participant upon conclusion of the rental. The invoices are taken regularly by mo2drive service staff.
13.9. mo2drive reserves the right to assign claims arising from this contractual relationship. The participant will be informed of the corresponding assignment in the respective invoice. In this case, the participant can only make payments to the assignee with the effect of discharging the debt, whereby mo2drive remains responsible for general customer enquiries, complaints or similar. The customer revocably authorises mo2drive or, in the event of an assignment of the claim, the assignee to collect the fees to be paid by the customer and existing claims for damages against the customer in connection with the respective tenancy agreement (up to the amount of the contractually agreed deductible) by (SEPA) direct debit from the specified account or to debit the deposited credit card or other deposited means of payment from the credit card or other deposited means of payment. In this case, mo2drive will transmit the data necessary for the execution of the assignment to the assignee, who may not process or use this data for other purposes.
14.1 The framework usage agreement may be terminated by either party with one month’s notice to the end of the month without giving reasons.
14.2 Each contracting party may terminate the framework usage agreement without notice for good cause.
mo2drive may terminate the contract without notice in particular if the participant
14.2.1. Is a consumer and is in arrears with two rent instalments due;
14.2.2. Generally suspends his/her payments;
14.2.3. Provided incorrect information or concealed facts when concluding the framework usage agreement or in the course of the contractual relationship and mo2drive cannot therefore be reasonably expected to continue the agreement;
14.2.4. In spite of a written warning, does not refrain from serious violations of the framework usage contract or the rental contract or does not immediately remedy consequences of such breaches of contract that have already occurred.
14.3 If the framework usage agreement has been terminated in accordance with the above paragraph, mo2drive shall have the following rights:
14.3.1 The right to immediate return of the mo2drive vehicle immediately after the end of the contract. If the participant does not return the mo2drive vehicle immediately, mo2drive is entitled to take possession of the mo2drive vehicle at the participant’s expense;
14.3.2 Entitlement to payment of the hire instalment until the return of the mo2drive vehicle;
14.3.3. Claim for damages; as damages mo2drive will charge the participant for the concrete damage due to non-fulfilment.
14.4 The participant may only set off claims of mo2drive against claims of mo2drive against claims which are legally connected with the obligations of the participant, which have been legally established or which have been recognised by mo2drive. In the event of the insolvency of mo2drive, the participant is also entitled to offset other claims.
15.1. mo2drive collects, stores, processes and uses the personal data of the participants, including the participant related usage and vehicle data, insofar as this is necessary for the purpose of implementing the framework usage agreement and the rental relationship. The use of this data is regulated by a separate data protection agreement. This can be viewed on the mo2drive website.
15.2 The identification data communicated to mo2drive shall be used on the basis of mo2drive’s legitimate interest in the creditworthiness of the participants within the meaning of Art. 6 Para. 1 lit. f DSGVO for the purpose of a creditworthiness check in the address and creditworthiness database operated by CRIF GmbH, Diefenbachgasse 35, 1150 Vienna within the scope of its trade licences in accordance with §§ 151 – 153 Gewerbeordnung 1944 (Trade Act 1944). The participants are hereby informed of this in accordance with Art. 12 et seq. of the EU Basic Data Protection Regulation (DSGVO).
mo2drive may subsequently amend these general terms and conditions. The participant will be notified of changes to the GTC at least one month in advance in writing, by e-mail or in any other suitable manner. The changes shall be deemed approved and binding for an existing contractual relationship as soon as they come into effect, if the participant does not object in writing or by e-mail. The participant will be informed of this consequence when mo2drive announces changes. Any objection must be sent to mo2drive no later than one month after notification of the changes.
17.1 The business relationship is subject exclusively to Austrian law. Vienna shall be the agreed place of jurisdiction for entrepreneurs within the meaning of § 1 KSchG. For consumers, the place of residence, habitual abode or place of employment of the consumer shall be agreed as the place of jurisdiction. If the place of residence, habitual abode or place of employment is not in Austria, the place of jurisdiction shall be Vienna.
17.2 Oral collateral agreements have not been made. Changes, additions or cancellations of this contract must be made in writing. E-mail is sufficient for the written form.
17.3 Should one or more provisions of this contract be invalid or void, this shall not affect the validity of the remaining provisions of the contract. The parties undertake to close any gaps that arise in accordance with the meaning and presumed will of the contracting parties.
Effective as of March 2019