GENERAL TERMS AND CONDITIONS SCO2T

In case of doubt, the German version of these general terms and conditions is considered as binding.

1. Subject


1.1. The following terms and conditions govern the business relationship between subscribers registered with SCO2T and Transport Service Solutions GmbH as the operator of SCO2T (hereinafter referred to as “SCO2T”).
1.2. The SCO2T service serves to cover short-term mobility needs within the defined business area. The current business area can be found on the SCO2T website .
1.3. SCO2T provides the participants with various vehicles of vehicle category L (motorcycles) for rent. The use is based on the following conditions.

2. Participants

Participants within the meaning of these terms are natural persons who are entitled to drive and authorized to conclude rental agreements for the use of SCO2T vehicles.

3. Driving authorization


For the rental and operation of SCO2T vehicles, only natural persons are entitled to
3.1. have reached a minimum age of 19 years;
3.2. who have been in possession of a driving license for at least 12 months, issued by the Republic of Austria or another Member State of the European Union, Switzerland, Lichtenstein, Norway or Iceland;
3.3. always carry the driver’s license with you and meet all the associated requirements. In the event of withdrawal or loss of the driving license, the driving authorization for the SCO2T vehicle expires immediately for the duration of the loss / withdrawal. The same applies to the duration of a driving ban;
3.4. stating their personal details on the SCO2T website ;
3.5. have deposited a payment method with SCO2T or for which a payment method has been deposited by third parties (for example a company credit card);
3.6. be in full possession of their mental powers, as well as have not taken any drugs, alcohol or medication, which may affect their ability to drive. For alcohol there is a limit of 0.0 ‰;
3.7. are legally in possession of a necessary means of access (mobile phone with Internet access). All participants are strictly prohibited from allowing third parties to drive SCO2T vehicles, even if the third person is a SCO2T participant. In the event of an infringement, the participant agrees to pay a contractual penalty in the amount of a damage excess. The assertion of further damage remains unaffected.

4. Access means and payment methods


4.1. SCO2T will provide subscribers with a web app (available at sco2t.com/i) to access their Internet-enabled mobile phone. The use of the web app requires the sharing of the participant’s GPS coordinates.
4.2. Upon submission and verification of their driving license, SCO2T participants will receive a username and password for the web app, as well as a PIN to authorize chargeable vehicle rentals.
4.3. The attempt to manipulate or copy the means of access using information technology methods is prohibited. An infringement immediately results in exclusion from the SCO2T service. The participant bears the costs of any damage resulting from the infringement.
4.4. The participant is legally liable for all damages caused by the loss of the means of access, especially if this has caused damage, theft or misuse of a SCO2T vehicle.
4.5. Access and PIN are to be kept separately. The participant is liable for infringement.
4.6. In order to rent and use SCO2T vehicles, the subscriber must use a payment method, e.g. selected a credit card and deposited the relevant data with SCO2T. The deposited payment method must be a payment method of the subscriber or a third party for which he has granted a user authorization in favor of the subscriber (for example a company credit card).

5. Reservation


SCO2T vehicles displayed on the map in the web app can be pre-booked for up to 20 minutes. SCO2T is entitled to refuse the reservation if insufficient SCO2T vehicles are available to fulfill reservation requests.

6. Lease / rental contract and timing


6.1. Participants can spontaneously rent SCO2T vehicles without prior reservation. Spontaneous use is only possible for those SCO2T vehicles that are displayed as available to the participant in the web app.
6.2. In exceptional cases, there may be deviations from the actual to the displayed location of the vehicle due to inaccuracies in the GPS signal. SCO2T assumes no liability in this context.
6.3. The rental agreement is considered completed as soon as the participant activates the “Paid for rent” control element in the web app. The rental period begins upon conclusion of the contract and ends when the participant has properly 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 element, SCO2T reserves the right to close the vehicle again for reasons of theft prevention.
6.5. The maximum rental period is 48 hours. Exceptions must be agreed with SCO2T before the rental.

7. Rental start and driving

7.1. The participant undertakes to check the SCO2T vehicle for visible defects, damage and gross impurities before departure, and if necessary to report them using the web app by clicking on the “Report a problem” button and a new damage from a Select list. Alternatively, the participant can also contact SCO2T directly by pressing the “call hotline” button and calling the service hotline. In order to make it possible to allocate the cause of the damage, the message must be given before the start of the journey (movement of the vehicle). The participant is obliged to provide complete and truthful information. If the safety of the trip appears to be impaired, the service team is entitled to prohibit the use of the SCO2T vehicle.
7.2. The SCO2T service team is authorized to call the participant on the mobile number stored in the personal data in the case of problems, disruptions of the usage procedure or an accident and to determine the cause of the disrupted usage process. Furthermore, the SCO2T service team is entitled to prohibit further use of the SCO2T vehicle if there is reason to suspect that it is in breach of contract.

8. Accidents, damages, theft, destruction

8.1. Accidents, damage, theft, destruction and other destruction of the vehicle must be reported to SCO2T immediately by telephone. The participant is obliged to ensure that all reasonable measures necessary to mitigate damage and secure evidence are taken. For this purpose, the participant has to report any damage to the police. Even in the case of pure material damage, the nearest police station must be requested to file the accident report within the meaning of § 4 (5a) StVO. This also applies to minor damage and self-inflicted accidents without the participation of third parties. Should the police refuse to take the accident, the participant has to prove this to SCO2T in an appropriate form (for example written confirmation from the police or indication, including the date and time, which police station has been contacted by telephone but has refused to accept the damage). If the accident has not damaged any third party or – in the case of pure property damage – could be exchanged with the injured third party within the meaning of § 4 Abs 5 StVO, the notification of the nearest police station may exceptionally be omitted if the vehicle only a minor damage ( Scratches and the like). However, in such a case, the participant is in any case obliged to cover this damage by submitting an accident report in accordance with Article 8.5. immediately report SCO2T. If the vehicle was damaged by unknown third parties (parking damage, accident with driver’s escape) the participant has to inform the nearest police station without delay – also in case of minor damages – and to demand a recording of the damage.
8.2. The participant may, subject to Article 8.1., Only move away from the scene of the accident if
8.2.1. the police recording is complete and
8.2.2. transfer the vehicle (if necessary) to a towing company or
8.2.3. after consultation with SCO2T within the business area. The continuation of the journey is only permitted with the express permission of SCO2T.
8.3. These obligations of the participant shall cease if he or she is entitled or excused from accident location due to accidental injury of an accident participant.
8.4. If the vehicle is no longer ready to drive or to drive, the participant has to pay for self-inflicted accidents for all costs incurred when returning the vehicle. Even in the event of an accident, the rental contract will not be terminated until it has been properly returned in accordance with Article 9 and the user charges will be calculated accordingly. If the vehicle is no longer ready to drive or due to the accident due to the accident, the lease ends after agreement with SCO2T with delivery to the towing company.
8.5. Furthermore, the participant is obliged to immediately forward SCO2T a written accident report and, subject to Article 8.1, the police file number. All instructions of the service center of SCO2T must be observed. The participant is prohibited from making any acknowledgment of debt or anticipating the regulation of any liability claims by way of payments or other damage and / or guilty actions (risk to the insurance cover). At the request of SCO2T, the participant must complete the claim form provided to him by SCO2T in full and sign it back to SCO2T within 5 days. If the damage is not regulated by the insurance due to culpably delayed return, SCO2T reserves the right to charge the participant with all accident-related costs.
8.6. The choice of repair shop is in any case alone SCO2T. Compensation in connection with damage to vehicles of SCO2T is in any case entitled to SCO2T. If the participant has received such services from third parties, he must forward them unsolicited to SCO2T.

9. End rental

9.1. If the participant wants to end a rental, he is obliged:
9.1.1. Park the SCO2T vehicle properly (i.e. on the main stand, on a level surface) and accordingly to traffic laws in a legal parking spae in the public traffic area. Any violation of traffic regulations or any prohibitions imposed by the owner of the area shall be borne by the participant. Parking in towing areas (loading areas, parking slots reserved for the disabled) is generally prohibited, also independent of potential time limits. Should a change of parking by SCO2T be necessary or a towing service be commissioned by a third party, then the participant has to pay for this service according to the current price list;
9.1.2. not to end the SCO2T rent on private or company premises and green areas (parks). The ban also applies to customer parking spaces of shopping malls and commercial premises (for example supermarkets, hardware stores and the like), which are designated as such, as well as for parking lots. The SCO2T vehicle must always be accessible to anyone free and without obstacles;
9.1.3. to make sure that the helmetand key have been returned to the seat compartment, the second helmet to the topcase, the first aid kit and vehicle papers are in the seat compartment and that the seat / topcase is locked;
9.1.4. to ensure that no waste or coarse contaminants remain in and on the SCO2T vehicle;
9.2. The rental process may only be terminated if the SCO2T vehicle is within the current SCO2T business area. The boundaries of the business area are displayed on the website. The indicated business area serves as a guide and does not justify a claim.
9.3. The rental process may only be terminated if a mobile phone connection can be established at the location of the SCO2T vehicle. If this is not the case in special cases, the SCO2T vehicle must be parked accordingly by the subscriber until a mobile radio connection is available.
9.4. The competitor must ensure that his mobile phone has sufficient battery power to end the hire (possibly by charging in the vehicle, all SCO2T vehicles are equipped with a USB interface with sufficient power to charge common cell phones). The termination of a rental process is initiated by the subscriber clicking on the “end rental” button in the SCO2T WebApp on his mobile phone and this does not indicate a fault message. As far as the WebApp confirms the termination of the rental process, the rent is actually completed. If the participant leaves the SCO2T vehicle, although the rental process has not ended, the rent continues to be charged to the participant. If the rental process can not be completed for a variety of reasons, the participant has the obligation to report this to SCO2T immediately and to stay with the vehicle until the service team has decided on the further course of action. If the participant is not at fault, any additional rental costs will be reimbursed after the examination by SCO2T. A fault of the subscriber is e.g. if the SCO2T vehicle does not allow the rental to be terminated because the seat is not closed or the vehicle is outside the business district.
9.5. In the event of an accident that renders the vehicle inoperative, the rent ends at the latest when the vehicle is handed over to the towing company or a SCO2T employee.

10. Renter obligations

10.1. (In addition to obligations of the participant resulting from other articles of these conditions) the participant is obliged:
10.1.1. handle the used SCO2T vehicle with care, paying attention in particular to the provisions of the operating instructions and the SCO2T instruction sheet (printed in the vehicle), as well as observance of the prescribed maximum speed;
10.1.2. to comply with all legal obligations in connection with the operation of the SCO2T vehicle, in particular those of the Road Traffic Act and the Highway Code;
10.1.3. in the event of a warning lamp lighting up, immediately stop the fuel gauge in the dashboard and contact the service team to discuss whether the journey can continue;
10.1.4. the SCO2T vehicle also during use, e.g. during a parking procedure, always secure against theft (seat compartment and possibly topcase are to be closed);
10.1.5. to keep up to date the personal data deposited with SCO2T; This applies in particular to the address, mobile phone number, e-mail address and payment methods. Should the data prove to be out of date (for example, delivery of an email not possible, mobile phone number outdated, credit card expired), SCO2T reserves the right to suspend the subscriber’s account on a temporary basis until the data is updated;
10.1.6. At the request of SCO2T at any time to inform the exact location of the SCO2T vehicle and to allow a tour of the vehicle.
10.2. The participant is prohibited:
10.2.1. to drive the SCO2T vehicle under the influence of alcohol, drugs or drugs that could impair its ability to drive; there is a mandatory absolute alcohol ban (0.0 ‰);
10.2.2. refueling other vehicles with the fuel card than the SCO2T to which the fuel card is assigned. The refueling of premium fuels is inadmissible;
10.2.3. use the SCO2T vehicle for motorsport events, off-road driving or any type of race;
10.2.4. use the SCO2T vehicle for driving training, vehicle testing for the purpose of personal transport or re-letting;
10.2.5. use the SCO2T vehicle for the carriage of highly flammable, toxic or otherwise dangerous substances;
10.2.6. to transport objects with the SCO2T vehicle which, due to their size, weight or shape, affect driving safety;
10.2.7. use the SCO2T vehicle for crime;
10.2.8. Carry children under 12 years or shorter than 150 cm if they are neither large enough to reach the footpegs nor strong enough to hold on to the rider;
10.2.9. to carry out or carry out unauthorized repairs or modifications to the SCO2T vehicle;
10.2.10. to travel abroad with the SCO2T vehicle;
10.2.11. to operate a SCO2T vehicle without concluding an appropriate lease and / or continuing operation after the rental is completed. In case of driving without a concluded and / or still valid renting contract the participant is obligated to pay a contractual penalty in the amount of a damage deductible. SCO2T reserves the right to assert further damages and prosecution.
10.3. The participant is fully liable for the consequences of traffic violations or offenses committed on SCO2T vehicles. He will pay for all resulting fees and costs and will release SCO2T completely from any third-party claims. For the handling of traffic violations (warnings, fines, fees, etc.), the participant has to pay a processing fee to SCO2T for each transaction. The amount of the processing fee is determined by the respectively valid price list .

11. Insurance

11.1. For all SCO2T vehicles there is a liability insurance according to the legal requirements. The limitation of liability does not cover damage caused by improper handling and / or operation of the vehicle, for example by the ignoring of warning lights or by faulty refueling caused by the participant or by improper transport of cargo. Unless stipulated otherwise in these conditions, the aforementioned insurance and limitation of liability shall be subject to the standard terms and conditions “Motor vehicle comprehensive insurance – General conditions 2013” issued by the Austrian Association of Insurance Companies (hereinafter referred to as “AKKB”).
11.2. Insofar as SCO2T receives payments from insurance companies or third parties in the event of a claim, these payments will be deducted from the participant’s liability obligations.
11.3. For damage intentionally caused by the participant or his vicarious agents, there are no insurance cover and no limitation of the participant’s liability to the deductible. In the case of liability of the participant without insurance coverage of the vehicle insurance, SCO2T is exempted from third party claims concerning the liability of the participant. In the case of SCO2T’s contributory negligence, this only applies to the share attributable to the participant.
11.4. As part of the limitation of liability, the participant is liable for damages of SCO2T up to an amount equal to the agreed deductible. The applicable deductible is the price list . If a damage was caused by gross negligence, the participant is fully liable beyond the deductible for the entire damage caused by him.
11.5. Insofar as SCO2T suffers damage in the event of a culpable violation by the participant of the vehicle use requirements stated in Article 10, the participant shall be fully liable beyond the deductible for the entire damage caused by this breach. For the lost profit, the participant is only liable for gross negligence.
11.6. There is no entitlement to the contractual limitation of liability if an obligation to be fulfilled by the participant, in particular in the event of a breach of his obligations under Article 10.1., Was intentionally breached. In the event of a grossly negligent breach of an obligation to be fulfilled by the participant, there is likewise no entitlement to the contractual limitation of liability. Deviating from this, it remains with the agreed deductible per claim, as far as the breach of the obligation for neither the occurrence of the claim nor for the determination or extent of the damage of SCO2T cause; this does not apply if the obligation was fraudulently violated.

12. SCO2T liability

12.1. If SCO2T has to pay for damages caused by slight negligence due to legal regulations, SCO2T is only partially liable: Liability only exists if essential contractual obligations, such as the SCO2T rental agreement just want to impose on its content and purpose, or its fulfillment proper implementation of the lease is possible in the first place and compliance with which the participant regularly trusts and may trust. The liability is limited to the typical damage foreseeable at the conclusion of the contract. Insofar as the damage is covered by an insurance (except sum insurance) taken out by the participant for the relevant loss event, SCO2T shall only be liable for any associated disadvantages of the participant, eg For example, higher insurance premiums or interest disadvantages up to the settlement of claims by the insurance company.
12.2. No-fault liability for initial defects in the SCO2T vehicle is excluded.
12.3. Regardless of any fault of SCO2T, any liability of SCO2T in the case of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and the Product Liability Act remain unaffected.
12.4. Excluded is the personal liability of the legal representatives, vicarious agents and employees of SCO2T for damages caused by them through slight negligence. For damages caused by gross negligence by them, with the exception of legal representatives and officers, the limitation of liability for SCO2T shall apply mutatis mutandis.
12.5. The limitations of liability in this section do not apply to injury to life, limb or health.
12.6. SCO2T assumes no liability in case of slightly negligent causation for objects left behind in the SCO2T vehicles (lost property).
12.7. Use of the mobile phone holders and USB charging sockets attached to the SCO2T vehicles is at your own risk – SCO2T assumes no liability in this connection.

13. Payment and free minutes

13.1. The participant agrees to pay the prices for the chosen tariff. The prices can be found in the valid price list. These are gross prices. The payment is due upon termination of the respective single rental contract. The registration fee is due after registration has been completed.
13.2. In this context, SCO2T reserves the right to assign its claims from the contractual relationship to third parties (debt collection agencies).
13.3. The use of SCO2T vehicles will be charged as follows: The parking times incurred during a rental process will be added up, rounded off minutes from the completed 31st second and billed at the parking rate. Opened minutes from the 31st second are rounded up and charged at the fare. If the respective account of the participant has a credit balance, the aforementioned uses are first deducted from this account. For uses that are not covered by the account, an invoice is generated. The invoice will be created at the end of a billing period and sent to the participant by email.
13.4. If the vehicle is not roadworthy, even though it was indicated to the subscriber on the map in the mobile phone, no rental costs will be incurred by the participant if the participant notifies SCO2T of the malfunction as described in article 7.1.
13.5. If a participant receives free minutes, they will be credited to the free minute account within 3 working days. The free minutes entitle the use (driving and parking) of SCO2T vehicles. The free minutes can not be credited on journeys made prior to the credit. Not used within the validity of the respective free minutes contingents 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 cover. If the withdrawn amount is debited back from the respective bank, the participant has to pay the bank costs and in the consequence a reminder fee to pay, which is based on the current price list. In addition, SCO2T is entitled to charge default interest of 5 percentage points above the base rate p.a. to promote. In the event that the participant indicates SEPA direct debit as a means of payment, SCO2T will announce it to the driver at least 2 days before moving in (Pre-Notification). This announcement period applies to all agreed SEPA direct debits in the business relationship between SCO2T and the participant.
13.7. The participant usually receives free minutes by refueling a SCO2T vehicle. A SCO2T vehicle is considered to be fully-fueled if the dashboard (fuel gauge) displays only a black dash of residual fuel before the start of the tank and 7 black dashes after the refueling process. The participant will be credited 10 free minutes in this case.
13.8. In order to compensate the participant for the costs of refueling a SCO2T vehicle, SCO2T needs a proper invoice. The participant will hand over the bill to SCO2T by sending it to tank@sco2t.com. The paper copy of the bill puts the participant at the conclusion of the rent in the seat of the SCO2T vehicle sets. Invoices are taken regularly by SCO2T service personnel.
13.9. SCO2T reserves the right to assign claims arising from this contractual relationship. A corresponding assignment wants to inform the participant in the respective invoice. In this case, the participant can only make payments to the assignee with debt-discharging effect, SCO2T continues to be responsible for general customer inquiries, complaints or the like. remains. The customer revocably authorizes SCO2T or, in the event of assignment of the claim, the value to be paid by the customer and claims in connection with the tenancy (up to the amount of the contractually agreed excess) by (SEPA) direct debit to withdraw from the specified account or debit from the deposited credit card. In this case, SCO2T wants to transmit the data necessary for the execution of the assignment of claims to the assignee, who may not process or use this data for other purposes.

14. Termination of contract, claims

14.1. The Framework Contract may be terminated by both parties with one month’s notice to the end of the month without giving any reason.
14.2. Each contracting party may terminate the framework contract of use without notice for good cause. SCO2T may in particular terminate without notice if the participant
14.2.1. is a consumer and is in arrears with two installments due;
14.2.2. generally discontinues its payments;
14.2.3. has provided incorrect information or concealed facts when concluding the framework user contract or in the course of the contractual relationship and therefore SCO2T can not reasonably be expected to continue the contract;
14.2.4. in spite of a written warning, does not omit serious violations of the framework contract of use or of the rental contract or does not immediately eliminate any consequences of such breaches of contract.
14.3. If the framework usage agreement has been terminated in accordance with the above section, then SCO2T has the following rights:
14.3.1. Right to immediate release of the SCO2T vehicle immediately after the end of the contract. If the participant does not return the SCO2T vehicle immediately, SCO2T shall be entitled to take possession of the SCO2T vehicle at the participant’s expense;
14.3.2. The right to payment of the rental rate until the return of the SCO2T vehicle;
14.3.3. Claim for damages; as damages, SCO2T will charge the participant the actual damage due to non-performance.
14.4. The claimant may only set off against claims of SCO2T on receivables that are legally related to liabilities of the participant that have been judicially determined or recognized by SCO2T. In the event of SCO2T’s insolvency, the participant is also entitled to offset against other claims.

15. Change of GT&Cs

SCO2T may change these terms and conditions retroactively. Changes to the terms and conditions will be announced to the participant at least one month in advance in writing, by email or in any other suitable manner. The changes shall be deemed approved and binding upon entry into force of an existing contractual relationship if the participant does not object in writing or by e-mail. In this episode, the participant is particularly noted when announcing changes by SCO2T.

16. General terms

16.1. The business relationship is subject exclusively to Austrian law. With respect to entrepreneurs as defined in § 1 KSchG, the place of jurisdiction is Vienna. The place of residence, habitual residence or place of employment of the consumer is the place of jurisdiction for consumers. If the place of residence, habitual residence or place of employment is not in Austria, the place of jurisdiction is Vienna.
16.2. Verbal collateral agreements were not met. Changes, additions or terminations of this contract must be made in writing. E-mail is sufficient in writing.
16.3. Should one or more provisions of this contract be invalid or void, the validity of the contract in its remaining provisions shall not be affected. The parties undertake to close any resulting gaps according to the meaning and the presumed will of the contracting parties.

Status: Februar 2015

SCO2T
A brand of Transport Service Solutions GmbH
Theodor-Koerner-Gasse 30, 1210 Wien, Österreich
FN 420922 d (Commercial court Vienna)

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