General terms and conditions of rental and business
- Subject matter
1.1 The following terms and conditions govern the business relationship between rental customers and TSS GmbH as the operator of “SCO2T” (hereinafter referred to as “SCO2T”).
1.2 SCO2T provides rental customers with motorized two-wheeled vehicles of various brands and classes for rental. Use is subject to the following conditions. - Driving authorization
Only natural persons who
2.1. have reached a minimum age of 18 years are entitled to take over and operate SCO2T vehicles;
2.2. have been in possession of a driving license issued by the Republic of Austria or another member state of the European Union, Switzerland, Liechtenstein, Norway or Iceland for at least 12 months. Rental customers with a driving license from another country also require an international driving license;
2.3. carry the driving license with them at all times and comply with all associated requirements. If the driving license is withdrawn or lost, the driving authorization for the SCO2T vehicle expires immediately for the duration of the loss/withdrawal. The same applies for the duration of a driving ban;
2.4. SCO2T was notified of this as part of the rental as a driver by presenting the driver’s license. - Legal entities
3.1 If the rental customer is a legal entity, it must inform SCO2T of at least one authorized driver at the time of rental. This driver must identify themselves to SCO2T by presenting their driver’s license in accordance with the requirements defined under 2.
3.2. if the rental customer as a legal entity allows other persons to use the rental vehicle, he must
3.2.1. document the driver and period of assignment in writing,
3.2.2. ensure that each driver fulfills the conditions specified under 2. at all times,
3.2.3. keep the driving authorization/driver’s license and the documentation according to 3.2.1. available and present it to SCO2T immediately upon request at any time
3.3. The rental customer is liable in any case for violations of the rental conditions by drivers assigned by him. - Rental contract and rental period
4.1 The rental contract is deemed to have been concluded as soon as the rental customer has collected the SCO2T vehicle. The rental period begins with the conclusion of the contract and ends when the rental customer has duly returned the SCO2T vehicle.
4.2. The rented SCO2T scooters are handed over to the rental customer or authorized driver in person. The address of the handover (either in 1200 or 1210 Vienna) will be communicated to the rental customer with the rental confirmation. The SCO2T scooters are handed over cleaned and fully fueled / loaded and must be returned by the rental customers in the same condition. If a rental customer does not fulfill this obligation, he/she must bear the cleaning costs (according to the price list). If the return time is exceeded by more than 30 minutes, the customer will be charged for a full calendar day (according to the price list). - Start of journey and journey
5.1 The rental customer undertakes to check the SCO2T vehicle for recognizable defects, damage and gross soiling upon handover and generally before the start of the journey. In the event of damage, the rental customer can contact SCO2T directly by telephone or e-mail.
5.2. The SCO2T service team is authorized to call the rental customer on the mobile phone number stored in the personal data in the event of problems, disruptions to the usage process or an accident and to determine the cause of the disrupted usage process. The SCO2T service team is also entitled to prohibit further use of the SCO2T vehicle if there is reason to suspect that the customer is acting in breach of contract. - Obligations in the event of accidents, damage, theft, destruction
6.1. Accidents, damage, theft, destruction and other loss of the vehicle must be reported to SCO2T immediately by telephone. The rental customer is obliged to ensure that all reasonable measures necessary to minimize damage and preserve evidence are taken. To this end, the rental customer must report any damage to the police. The nearest police station must also be requested to record the accident report in accordance with Section 4 (5a) of the German Road Traffic Regulations (StVO) in the event of pure material damage. This also applies to minor damage and accidents caused by the driver without the involvement of third parties. If the police refuse to record the accident, the rental customer must prove this to SCO2T in a suitable form (e.g. written confirmation from the police or details, including the date and time, of 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 – in the case of purely material damage – it was possible to exchange data with the injured third party within the meaning of § 4 Para. 5 of the German Road Traffic Act (StVO), the nearest police station may not be notified in exceptional cases if only minor damage to the paintwork (scratches, etc.) has been caused to the vehicle. In such a case, however, the rental customer is obliged to report this damage immediately to SCO2T by submitting an accident report in accordance with Article 6.5. If the vehicle has been damaged by unknown third parties (parking damage, hit-and-run accident), the rental customer must in any case – even in the case of minor damage – immediately inform the nearest police station and request that the damage be recorded.
6.2. subject to Article 6.1, the rental customer may not leave the scene of the accident until
6.2.1. the police report has been completed and
6.2.2. the vehicle (if necessary) has been handed over to a towing company
6.3. these obligations of the rental customer do not apply if he/she leaves the scene of the accident with justification or excuse due to accident-related injuries to one of the parties involved in the accident.
6.4 If the vehicle is no longer roadworthy or roadworthy, the rental customer shall be liable for all costs incurred in returning the vehicle in the event of accidents for which he/she is responsible. In the event of an accident, the rental contract shall not be terminated until the vehicle has been properly returned in accordance with Article 7 and the usage fees shall be charged accordingly. If the vehicle is no longer drivable or roadworthy as a result of the accident, the rental contract will end after consultation with SCO2T upon handover to the towing company.
6.5 Furthermore, the rental customer is obliged to forward a written accident report to SCO2T immediately and, subject to Article 6.1, to provide the police file number. All instructions from the SCO2T service team must be observed. The rental customer is prohibited from making an acknowledgement of debt or anticipating the settlement of any liability claims by making payments or other actions acknowledging damage and/or debt (jeopardizing insurance cover). At the request of SCO2T, the rental customer must complete and sign the claim form provided to him/her by SCO2T and return it to SCO2T within 5 days. If the damage is not settled by the insurance company due to culpably late return, SCO2T reserves the right to charge the rental customer for all accident-related costs.
6.6. SCO2T alone is entitled to choose the repair workshop in any case. Compensation payments in connection with damage to SCO2T vehicles are always due to SCO2T. If the rental customer has received such services from third parties, he/she must forward these to SCO2T without being asked. - End of rental
7.1 At the end of the rental period, the rental customer must park the SCO2T vehicle properly (i.e. on the main stand, on level ground) and in accordance with the German Road Traffic Regulations (StVO) in a public parking lot. Any violation of traffic regulations or any prohibitions ordered by the owner of the area shall be at the expense of the rental customer. The parking of SCO2T vehicles in towing zones (loading zones, disabled parking spaces) is generally prohibited, regardless of any time limits. If it is necessary for SCO2T to re-park the vehicle or if a towing service is commissioned by a third party, the rental customer must pay for this service;
7.1.2. not to end the journey on private or company property (except permanent tenants) and green spaces (parks). This prohibition also applies to customer parking spaces in shopping centers and business premises (e.g. supermarkets, DIY stores and the like) that are designated as such, as well as to parking spaces for residents.
7.1.3. at the end of the rental period, to ensure that the helmet is returned to the seat compartment or, if available, a second helmet, If available, a second helmet is returned, the first aid kit and vehicle documents are in the seat compartment and the seat bench is locked.
7.1.4. to ensure that no waste or coarse soiling remains in and on the SCO2T vehicle.
7.2. if the rental process is not completed at the SCO2T workshop in 1200 or 1210 Vienna, the rental customer will be charged a return fee according to the price list.
7.3. in the event of an accident that renders the vehicle no longer roadworthy, the rental ends at the latest when the vehicle is handed over to the towing company or a SCO2T employee.
7.4 If a rented vehicle is not returned to SCO2T at the time stated on the rental confirmation / invoice (either at the SCO2T workshop in 1200 or 1210 Vienna, or, in the case of a chargeable collection, at a location in Vienna agreed with SCO2T), the rental is automatically extended. The rental cost rate stated on the price list will be applied if the rental period is exceeded. - Obligations of the rental customer
8.1. In addition to the obligations of the rental customer arising from other articles of these terms and conditions, the rental customer is obliged:
8.1.1. to treat the SCO2T vehicle used with care and to observe the prescribed maximum speed;
8.1.2. 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 Road Traffic Regulations;
8.1.3. in the event that a warning light other than the fuel gauge on the dashboard lights up, to stop immediately and contact the service team to discuss whether the journey can be continued;
8.1.4. to always protect the SCO2T vehicle against theft, even during use, e.g. during parking. the SCO2T vehicle against theft (the seat compartment must be locked and the steering wheel lock must be activated);
8.1.5. the personal data stored with SCO2T must be kept up to date; this applies in particular to the address, mobile phone number and e-mail address. SCO2T must be notified of any changes by email to office@SCO2T.com.
8.1.6. to provide the exact location of the SCO2T vehicle at any time at the request of SCO2T and to allow an inspection of the vehicle.
8.2. the rental customer is prohibited from:
8.2.1. driving the SCO2T vehicle under the influence of alcohol, medication or drugs that could impair the ability to drive; a mandatory absolute ban on alcohol (0.0 ‰) applies;
8.2.2. using the SCO2T vehicle for motorsport events, off-road driving or races of any kind and
8.2.3. to use the SCO2T vehicle for driving training, vehicle testing, for the commercial transportation of persons, for the commercial transportation of goods or for subletting;
8.2.4. to use the SCO2T vehicle for the transportation of highly flammable, toxic or other hazardous substances;
8.2.5. to use the SCO2T vehicle to transport objects that impair driving safety due to their size, weight or shape;
8.2.6. to use the SCO2T vehicle for criminal offenses;
8.2.7. to transport children under the age of 12 or smaller than 150 cm if they are neither tall enough to reach the footrests nor strong enough to hold on to the driver;
8.2.8. to carry out repairs or other modifications to the SCO2T vehicle or have them carried out without authorization;
8.2.9. to travel abroad with the SCO2T vehicle;
8.2.10. to put a SCO2T vehicle into operation without concluding a corresponding rental agreement and/or to continue operation after the rental has ended. In the event of driving without a concluded and/or still valid rental agreement, the rental customer is obliged to pay a contractual penalty in the amount of a damage deductible. SCO2T reserves the right to claim further damages and to prosecute.
8.3. The rental customer is fully liable for the consequences of traffic violations or criminal offenses committed with SCO2T vehicles. He is liable for all resulting fees and costs and indemnifies SCO2T completely against any claims by third parties. For the processing of traffic violations (warnings, fines, fees, etc.), the rental customer must pay a processing fee to SCO2T for each case. The amount of the processing fee is set out in the applicable price list. - Insurance
9.1 All SCO2T vehicles are covered by liability insurance in accordance with the statutory requirements. Damage caused by improper handling and/or operation of the vehicle, for example by ignoring warning lights or improper transportation of cargo, is not covered by the limitation of liability.
9.2. If SCO2T receives payments from insurance companies or third parties with regard to a claim, these payments will be offset against the rental customer’s liability for damages.
9.3. There is no insurance cover and no limitation of the rental customer’s liability to the excess for damage caused intentionally by the rental customer or authorized drivers. In the event of liability on the part of the rental customer without insurance cover under the vehicle insurance, SCO2T shall be indemnified by the rental customer against any third-party claims relating to the liability. In the event that SCO2T is partly at fault, this shall only apply to the portion attributable to the rental customer.
9.4. Within the scope of the bookable limitation of liability, the rental customer is liable for damages up to an amount equal to the agreed deductible. The applicable deductible can be found in the price list. If damage was caused by gross negligence, the rental customer shall be fully liable for the entire damage caused by him in addition to the deductible.
9.5. If SCO2T suffers damage in the event of a culpable breach by the rental customer of the vehicle usage specifications made known to him in accordance with Article 8, the rental customer shall be fully liable for the entire damage caused by this breach in addition to the deductible. However, the Rental Customer shall only be liable for loss of profit in the event of gross negligence.
9.6. There shall be no entitlement to the contractual limitation of liability if an obligation to be fulfilled by the Rental Customer, in particular in the event of a breach of his/her obligations under Article 8.1, was breached intentionally. In the event of a grossly negligent breach of an obligation to be fulfilled by the rental customer, there is also no entitlement to the contractual limitation of liability. Notwithstanding this, the agreed deductible per claim remains in place if the breach of the obligation is neither the cause of the occurrence of the claim nor of the determination or the extent of the damage suffered by SCO2T; this does not apply if the obligation was fraudulently breached. - Liability of SCO2T
10.1 If SCO2T is liable for damage caused by slight negligence in accordance with statutory provisions, SCO2T’s liability is limited: Liability exists only in the event of a breach of material contractual obligations, such as those which the rental contract of SCO2T specifically intends to impose according to its content and purpose or whose fulfillment is essential for the proper execution of the rental contract and on whose compliance the rental customer regularly relies and may rely. Liability is limited to the typical damage foreseeable at the time the contract was concluded. Insofar as the damage is covered by an insurance policy taken out by the rental customer for the relevant claim (with the exception of comprehensive insurance), SCO2T is only liable for any associated disadvantages suffered by the rental customer, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurance company.
10.2 Strict liability for initial defects in the SCO2T vehicle is excluded.
10.3 Irrespective of any fault on the part of SCO2T, any liability of SCO2T for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
10.4 The personal liability of the legal representatives, vicarious agents and employees of SCO2T for damage caused by them through slight negligence is excluded. For damages caused by gross negligence on their part, with the exception of legal representatives and executive employees, the limitation of liability regulated for SCO2T in this regard applies accordingly.
10.5. The limitations of liability in this section do not apply in the event of injury to life, limb or health.
10.6. SCO2T assumes no liability for items left behind in SCO2T vehicles (lost property) in the event of slight negligence.
10.7. The use of any cell phone holders and USB charging sockets attached to SCO2T vehicles is at the user’s own risk – SCO2T assumes no liability in this regard. - Payments
11.1 The rental customer commits to pay the prices for the rental of the selected SCO2T vehicle. The prices can be found in the current price list. These are gross prices. Payment is due at the beginning of the rental period (on collection/delivery).
11.2. In this context, SCO2T reserves the right to assign its claims arising from the contractual relationship to third parties (collection agencies). - Termination of the contract, claims
12.1. The rental contract may be terminated by either party with one month’s notice to the end of the month without stating reasons.
12.2. either party may terminate the rental agreement without notice for good cause.
SCO2T may in particular terminate without notice if the rental customer
12.2.1. is in arrears with payments due;
12.2.3. has provided incorrect information or concealed facts when concluding the rental contract or during the course of the contractual relationship and therefore SCO2T cannot reasonably be expected to continue the contract;
12.2.4. does not refrain from serious breaches of the rental contract despite a written warning or does not immediately remedy the consequences of such breaches of contract that have already occurred.
12.3 If the rental contract has been terminated in accordance with the above section, SCO2T has the following rights:
12.3.1. right to immediate return of the SCO2T vehicle immediately after the end of the contract. If the rental customer does not return the SCO2T vehicle immediately, SCO2T is entitled to take possession of the SCO2T vehicle at the expense of the rental customer;
12.3.2. claim to payment of the rental rate until the SCO2T vehicle is returned;
12.3.3. claim to compensation; as compensation, SCO2T will invoice the rental customer for the specific damage due to non-fulfilment.
12.4 The rental customer may only offset claims by SCO2T with claims that are legally related to the rental customer’s liabilities that have been established by a court or recognized by SCO2T. In the event of SCO2T’s inability to pay, the rental customer is also entitled to offset against other claims. - Data protection notice
13.1 SCO2T collects, stores, processes and uses the personal data of rental customers, including customer-related usage and vehicle data, insofar as this is necessary for the purpose of executing the rental agreement. The use of this data is governed by a separate data protection agreement. This can be viewed on the SCO2T website.
13.2 The identification data provided to SCO2T will be used for the purpose of a credit check in the address and creditworthiness database operated by CRIF GmbH, Diefenbachgasse 35, 1150 Vienna within the scope of its business licenses in accordance with §§ 151 – 153 of the Austrian Industrial Code 1944, on the basis of SCO2T’s legitimate interest in the creditworthiness of the rental customers within the meaning of Art. 6 para. 1 lit. f GDPR. Rental customers are hereby informed of this in accordance with Art. 12 et seq. of the EU General Data Protection Regulation (GDPR). - General provisions
14.1 The business relationship is subject exclusively to Austrian law. The place of jurisdiction for entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) shall be Vienna. For consumers, the place of residence, habitual abode or place of employment of the consumer is agreed as the place of jurisdiction. If the domicile, habitual residence or place of employment is not in Austria, the place of jurisdiction shall be Vienna.
14.2. No verbal collateral agreements have been made. Amendments, supplements or terminations of this contract must be made in writing. E-mail is sufficient for the written form.
14.3 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 intent of the contracting parties.
Status January 2025