Terms of use

ENUU LTD. – GENERAL TERMS AND CONDITIONS (GTC) – GERMANY

1. General | Scope

1.1  These Enuu vehicle Rental Terms (“Rental Terms”) apply between you as a consumer (Verbraucher) within the meaning of § 13 of the German Civil Code (BGB“) and Enuu SA (German Branch), Mariendorfer Damm 1, D-12099 Berlin (“we” or “us”). They regulate the rental of an electric vehicle (“vehicle”) provided to you by us at any given time. 

1.2  These Rental Terms form part of the contract concluded between you and us (“Subscription”) and apply to the exclusion of all others. Terms which deviate from, conflict with or supplement these Rental Terms shall only become part of the contract if we have expressly consented to them in writing. 

1.3  Legally relevant declarations and notices which you would like to give to us after the conclusion of the contract (e.g. setting deadlines, reminders, declarations of withdrawal from the Subscription), must be made at least in text form in order to be valid, unless expressly provided otherwise in these Rental Terms.

2. Subject Matter of the Subscription | Conclusion of the Subscription | Enuu Territory

2.1  During the Subscription Period, we will make an vehicle available to you. The details of your Subscription and of the vehicle are agreed as part of the online ordering process on our website (“Order Process”). 

2.2  Completing the Order Process results in an offer made by you to us to enter into a Subscription. After the Order Process is complete, we may send you a confirmation of your order by email. This order confirmation is the acceptance of your offer to enter into the Subscription. Following that, you and we will mutually agree the time and location for the delivery of the vehicle. 

2.3  When we deliver the vehicle, we will check your personal details together with you (e.g. by you presenting an official identity document). At the time of delivery, you are obliged to confirm to us in writing (i) the receipt of the vehicle, (ii) the correctness of the personal details provided by you to us. You are obliged to notify us of any changes in your personal details during the Subscription Period (e.g. if your address changes) without undue delay. 

2.4  You may only use the vehicle in the territory/the city which is specified in your Subscription (“Enuu Territory”). A change of the Enuu Territory is only possible after our express consent to this. 

2.5  We do not save the text of the contract after concluding the Subscription. 

2.6  A digital verification process of the correct identification document could be part of the order process upon delivery. Product will not be delivered when renter is not able to handover the correct identification documents. Enuu will report to the police when verification of the identity documents shows that there is a possibility of fraud.

3. Making Available the vehicle | Advertising

3.1  You are not entitled to a particular vehicle or to a particular design, fit-out or configuration of the vehicle. 

3.2  The vehicle and all objects provided to you in connection with the vehicle (e.g. the key and the battery) shall remain in our ownership at all times. 

3.3  After giving prior notice, we are entitled to inspect the vehicle at any time, to wholly or partially replace it, and to carry out maintenance and repairs to the vehicle. 

3.4  We reserve the right to put advertisements on the vehicle at any time and at our discretion (nach billigem Ermessen). If an advertisement attached to the vehicle or printed on the vehicle is damaged, removed, unreadable or otherwise no longer visible, you are obliged to inform us thereof immediately.

4. Driving License

4.1  You confirm that you have attained 18 years of age and are in possession of a valid driving license (M/AM or A/B) allowing you to drive the vehicle in the Enuu Territory. 

4.2  Upon our request, you are obliged to provide an evidence of your valid driving license together with your identity card (or passport). If it turns out that you have provided false evidence (e.g. a forged driving license), we reserve the right to report this to the police. 

4.3  In the event that (i) your driving license is permanently or temporary revoked, (ii) you are banned from driving by a court or administrative decision, (iii) your driving license is permanently or temporary confiscated or suspended, or (iv) your permission to drive and/or hold the vehicle is otherwise restricted, you are obliged to inform us thereof immediately. 

4.4  You are obliged to carry your driving license during every drive.

5. Usage Rules | Non-Commercial Use Only

5.1 Certain rules apply to you in relation to the use of the vehicle, which you must comply with at all times: 

  •  The use of the vehicle shall be in your sole responsibility. 
  •  Prior to using the vehicle, you are obliged to familiarize yourself with how the vehicle functions. 
  •  Prior to each use of the vehicle, you must check the vehicle for road safety, proper functioning and the absence of defects. For that purpose, you must, in particular, check the tightness of all screws which are of relevance to safety, the proper condition of the frame, the handlebars and saddle, the tire pressure, the functionality of the lights, the battery, the computer and the braking system. If a defect exists at the start of your use of the vehicle or a defect occurs while you are using it, you must refrain from using the vehicle or cease using it. 
  •  The vehicle is intended solely for your personal use. Consequently, you must not entrust the vehicle to third parties, you must not allow third parties the use of the vehicle in another form or sell it, hire it out, sublet it, pledge it or otherwise encumber the vehicle with security interests or rights of third parties. 
  •  The vehicle is a high-quality object. Consequently, you must not damage or destroy the vehicle or carry out any modifications, lacquering, painting or other changes to the vehicle, its battery or the computer including the software. 
  •  You must secure the vehicle effectively against theft (Clause 8). 
  •  You are only allowed to use the vehicle in the generally accepted customary manner, avoiding unusual strain on it and only on paved routes and streets. 
  •  You must use and take care of the vehicle, its battery and the computer including the software in accordance with the instructions given by us. 
  •  You must not use the vehicle whilst under the influence of drugs, medication or alcohol. 
  •  You are only allowed to use the vehicle/luggage carrier in accordance with its maximum weight limit of 160kg. 
  •  You must park the vehicle only on designated car parking spaces. The vehicle cannot be parked on sidewalk or bike/motorbike parking spaces.
  •  You are only allowed to use the vehicle in the Enuu Territory (Greater Berlin area). 
  •  In order for us to insure our vehicles, a yearly renewed license plate is mandatory. You are obliged to contact us every year to request a new license plate and to schedule a Swap to attach the new license plate to the vehicle. The new license plate must be attached to the vehicle every calendar year no later than the 1st of March. You must contact us at least 7 days in advance, allowing us sufficient time to schedule an appointment and change the license plate. 

For the purposes of these Rental Terms, use of the vehicle shall be deemed to also include pushing, parking and storing the vehicle. 

5.2  When using the vehicle, you are obliged to always comply fully with all applicable legal provisions, in particular with all road traffic rules (e.g. the StVO (German Road Traffic Regulation)). In addition, you must always make sure that (i) the vehicle is not detrimental to road safety, (ii) other road users and pedestrians are not endangered, harmed or impeded, (iii) and the use of the vehicle does not interfere with, damage or endanger other vehicles or other property of third parties or other rights of third parties. 

5.3  You are obliged to fully compensate us for and indemnify us from any and all fees, fines or other payments imposed on us by third parties (e.g. by public traffic authorities) on grounds of a breach of any of your obligations under your Subscription. In this context, we may provide your name and address to such third parties. For the administrative handling of such incidents we reserve the right to charge you a fee in the amount of EUR 29 per incident. 

5.4  You are not allowed to use the vehicle as an entrepreneur (Unternehmer) within the meaning of § 14 of the BGB in exercise of your trade, business or profession (e.g. using the vehicle for the professional delivery of goods is prohibited). In the event of a breach of your obligation under this Clause 5.4, you shall pay to us a contractual penalty in an adequate amount, however not more than EUR 2,500. The precise amount of such contractual penalty shall be determined by us at our discretion, whereby, in case of a dispute, the adequacy of the amount shall be reviewed by a competent court upon your request. Such contractual penalty shall be deducted from any damage actually suffered by us and shall be without prejudice to any other rights we may have under your Subscription, including but not limited to a right to claim damages and to terminate your Subscription in accordance with Clause 11.

6.  Swapping

6.1  In accordance with the terms of this Clause 6, you have a right to “Swapping” free of charge. By Swapping or a “Swap”, we mean: 

●  repairing defects in the vehicle free of charge within the Enuu Territory; and/or 

●  exchanging the vehicle free of charge within the Enuu Territory. The type and extent of the Swap is determined by us at our discretion. 

6.2  During your Subscription Period you can request an unlimited number of Swaps. You will not incur any additional costs for Swapping. Swapping is covered by payment of the vehicle Rent. However, we can refuse a Swap until you have paid any outstanding vehicle Rent, fees or other sums to us. 

6.3  You can request a Swap by email (“Swap Request”). You and we will agree the place and time of the Swap on an individual basis with you. Email address is rental@enuu.de

6.4  We make every effort to carry out a Swap within 72 hours after receipt of your Swap Request. However, if we do not meet this target time, you may not use this as the basis for any claims for compensation or any other claims. 

6.5  If we exchange the vehicle, you are obliged to hand over the present vehicle, the battery and the key to us. 

6.6  If there is a defect in the vehicle, you are entitled to a Swap provided that the defect has arisen in the course of your use of the vehicle in accordance with the terms of the Subscription including these Rental Terms. 

6.7  If the vehicle is stolen or lost, you are only entitled to a Swap if you are not responsible for the theft or loss. Clause 10 applies. 

6.8  If you make a Swap Request without being entitled to a Swap, we reserve the right to charge you a fee of EUR 20 per incident. This also applies if you fail to attend an agreed Swap appointment. 

6.9  If you do not notify us about a defect in the vehicle or do not notify us immediately, you are obliged to compensate us for any losses arising from this. This includes all additional expenses incurred by us for the purposes of repairing the damage as well as third parties’ compensation claims which would have been avoided if notice of the defect had been given in good time.

7. Rent | Fees | Time for Payment | Payment Terms

7.1  In return for us making the vehicle available to you, you owe us the monthly rent agreed with us in the Order Process (“vehicle Rent”). The vehicle Rent is due for payment in advance at the beginning of each calendar month for the whole calendar month. 

7.2  In the event that any upfront payment payable by you to us has been agreed in the Order Process, you are obliged to pay such upfront payment to us after the completion of the Order Process without undue delay. 

7.3  To the extent agreed in the Order Process, we may also charge you a delivery/pick-up/insurance package fee. 

7.4  We reserve the right to adjust the vehicle Rent during your Subscription Period with effect for the future. We will inform you in text form by email about any changes in the vehicle Rent in good time prior to changes taking effect. 

7.5  Payment of the vehicle Rent as well as any other fees shall be made by online Paypal payment system. 

7.6  If a Paypal payment is not made due to a lack of funds or for other reasons for which you are responsible, you will be in default in relation to the relevant payment. You will receive a reminder from us to settle such payment within 5 days. If the amount due is not paid within 7 days, we reserve the right to instruct a collection agency to recover the debt. All additional administration costs and out of court debt collection costs will be borne by you. 

7.7 An insurance package (“Insurance) can be selected during the Order Process. This insurance covers any damages/theft/loss of the vehicle and reduce the liability to EUR 0.

8. Securing the vehicle against Theft | Key

8.1 The vehicle must be locked with the key (door). The battery compartment must be locked with the locker system at all times.

8.3  If you do not secure the vehicle in the way described in Clause 8.2 above and as a consequence of this the vehicle is damaged, lost or stolen, you are obliged to pay us a fee in the amount of up to EUR 2,500. This fee arises in addition to any deductible under Clause 10. 

8.4  We will also provide you with a key to use with the locks. You are not allowed to make any additional keys or have them made (e.g. replacement key, copy, duplicate key). We may keep additional keys for the locks in our possession. 

8.5  You are obliged to protect the key for the vehicle against loss, theft and unauthorized use at all times and you are not allowed to pass the key on to third parties. 

8.6  If your key gets lost, stolen or damaged, you must inform us immediately. In these circumstances we will deliver a new key to you within the Enuu Territory and will charge you a fee of EUR 30 per key. In addition, Clause 10.6 may apply. Upon delivery of a new key, you must confirm to us receipt thereof. If you recover a key which you had previously notified to us as lost, you must send such key to us immediately by mail at your own cost. 

9. Damage to the vehicle | Accidents

9.1  You are obliged to inform us of any damage to or accident with the vehicle within 24 hours of you becoming aware of the damage or the accident. This applies irrespective of the extent of the damage or the accident and of whether you have caused the damage or the accident or not. 

9.2  If you have caused a damage to or an accident with the vehicle or such damage or accident otherwise results from your breach of the usage rules in these Rental Terms (in particular of Clause 5), we reserve the right to claim compensation from you up to EUR 2,500

9.3  In the event of damage to the vehicle due to the fault or contributory fault of a third party, you are obliged to provide us with the identity and contact details of this third party. If you do not provide us with the contact details of the third party, although available to you, we reserve the right to invoice you in full for the losses and damages which we incur due to this. 

9.4  In case of an accident with the vehicle, you must not accept any liability to a third party (e.g. by acknowledgement of a debt or by giving a comparable statement) without our prior consent. Otherwise, you alone will bear the consequences of such (accepted) liability and you will be obliged to indemnify us from any third party claims in connection with your acceptance of liability. Besides, you are not allowed to accept any liability on our behalf or on behalf of our insurer. 

9.5  You are obliged to notify all third parties involved in any accident with the vehicle that all compensation payable for the physical damages occurred to the vehicle shall be made directly to us. If such payments have been made to you, you are obliged to fully forward them to us without undue delay. 

9.6  In the event of an accident with the vehicle, you are obliged to send us the accident form (available under https://cartraveldocs.com/european-accident-statement) signed by you and the third party within 7 days after the accident, irrespective of whether the accident was caused by you or not. If we do not receive such accident form within 7 days after the accident, we reserve the right to charge you all costs incurred by us as a result of a breach of your obligations under this Clause 9.6. 

9.7  All accident with the vehicle must be reported to and registered with the police by you without undue delay. In the event that the police refuse to register the accident and to carry out appropriate police measures in connection with such accident, you are obliged to report this to us and to provide the relevant evidence without undue delay. This applies irrespective of whether the accident was caused by you or not.

10. Theft/Loss of the vehicle

10.1  In the event of a theft/loss of the vehicle or of any individual components of the vehicle (e.g. its battery), you are obliged to inform us thereof within 24 hours of you becoming aware of it. 

10.2  In the event of theft/loss of the vehicle, you must hand over to us all of the key(s) for the vehicle without undue delay, however at the latest at the Swap appointment which is scheduled to replace the stolen/lost vehicle (if any). To the extent reasonable, you are obliged to support us in our efforts to recover the stolen/lost vehicle, including but not limited to by submitting reports to the police or by bringing any other legal action. 

10.3  In the event of theft/loss of the vehicle and/or the battery we may charge you a deductible in the sum of EUR 2,500 or EUR 0 with the insurance package for the vehicle and EUR 500 or EUR 0 with the insurance package for the battery per incident. If the vehicle and/or the battery which has been notified to us as lost or stolen is/are found again, we may reimburse the deductibles paid by you at our discretion and subject to the technical and optical condition of the relevant vehicle and/or the battery. 

You are free to prove that we have not suffered any loss or that such loss is significantly lower than the deductible under this Clause 10.3. We reserve the right to claim more extensive damages. 

10.4  In the event of theft/loss of individual components of the vehicle other than the battery, we may charge you a deductible in the sum of the value of the stolen or lost components up to a maximum amount of EUR 500 or EUR 0 with the insurance package

You are free to prove that we have not suffered any loss or that such loss is significantly lower than the deductible under this Clause 10.4. We reserve the right to claim more extensive damages. 

10.5  If you do not secure the vehicle as described in Clause 8 and, as a consequence, the vehicle is damaged, lost or stolen, we will charge you a sum of EUR 300, in addition to any other deductibles due under this Clause 10. 

You are free to prove that we have not suffered any loss or that such loss is significantly lower than the deductible under this Clause 10.5. We reserve the right to claim more extensive damages. 

10.6  If you do not fulfil your obligations under Clause 10.1 or 10.2, in particular, if: 

●  you do not inform us about the theft/loss of the vehicle; or 

●  you do not hand over to us all of the keys for the vehicle without undue delay, however at the latest at the Swap appointment which is scheduled to replace the stolen/lost vehicle (if any), 

we will charge you a sum of EUR 2,500 for the vehicle and EUR 500 for the battery. 

You are free to prove that we have not suffered any loss or that such loss is significantly lower than the deductible under this Clause 10.6. We reserve the right to claim more extensive damages.

10.7 If it turns out that you have provided false information with regard to the theft/loss of the vehicle, we shall be entitled to charge you an unfairness surcharge in the sum of EUR 100. This sum must be paid in addition to any other amounts due under this Clause 10.

11. Subscription Period | Termination | Return

11.1  The term of your Subscription (“Subscription Period”) is agreed upon in the Order Process. 

11.2  If you and we have agreed on a monthly Subscription, the Subscription Period is one month from the date stated in the Order Process and automatically extends on a month-by-month basis, unless terminated in accordance with these Rental Terms. You or we may terminate a monthly Subscription at any time for convenience with a notice period of one day. 

11.3  Your right and our right to extraordinary termination of your Subscription without notice for an important reason (§ 314 BGB) remains unaffected. An important reason, which entitles us to termination without notice exists in particular if: 

  •  you are in default in relation to more than one vehicle Rent payments; 
  •  you use the vehicle outside the Enuu Territory; 
  •  you breach your obligations under Clause 4 (Driving License); 
  •  you use the vehicle contrary to the usage rules in Clause 5; or 
  •  you make false statements to us or you repeatedly make use of our services in an improper manner (e.g. by making intentionally false statements or unjustified Swap Requests). 

11.5  Every notice of termination must be given in text form (email is sufficient). 

11.6  If you have terminated your Subscription, prior to returning the vehicle to us you can revoke your termination at any time and reactivate your Subscription by email free of charge. After returning the vehicle to us, free of charge reactivation is not offered. 

11.7  When the termination of your Subscription takes effect, you are obliged to return the vehicle and any other objects provided by us (in particular the keys) at your own cost and risk to us.

11.8  If you do not return the vehicle to us in good time when the termination of your Subscription takes effect, we will charge you a late fee in the sum of EUR 5 per day, up to a maximum of EUR 35 until you (i) return the vehicle to us, (ii) reactivate your Subscription in accordance with Clause 11.6. 

You are free to prove that we have not suffered any loss or that our loss is significantly lower than the late fee. We reserve the right to claim more extensive damages. 

11.9  If you do not return the vehicle to us within 7 days after the termination of your Subscription taking effect and you do not reactivate your Subscription in accordance with Clause 11.6, we reserve the right to take legal action. In these circumstances, we may charge you a retention fee in the sum of EUR 2,500. You are at liberty to prove that we have not suffered any loss or that such loss is significantly lower than the retention fee. 

You are free to prove that we have not suffered any loss or that such loss is significantly lower than the retention fee under this Clause 11.9. We reserve the right to claim more extensive damages

12. Prohibition on Set-off | Restriction on the Right of Retention

12.1 You are only allowed to set off any claims against our claims to the extent that your claims (i) have been finally determined in a binding judgment which is not subject to appeal, (ii) are undisputed, or (iii) are accepted by us. 

12.2 You are only allowed to enforce a right of retention (in particular over the vehicle) if such right is based on the same contractual relationship as our claim. 

13. Data Protection

You and we are obliged to comply with the applicable statutory provisions on the protection of personal data.

14. Our Liability

14.1  Our liability shall be unlimited (i) in respect of losses caused by acting intentionally or with gross negligence, (ii) in respect of breaching essential contractual obligations, namely those obligations which must be complied with in order to make it possible for the contract to be properly performed at all and which you normally rely on being fulfilled and may so rely (cardinal obligations), (iii) in respect of defects which have been fraudulently concealed, (iv) in respect of losses arising from death, bodily injury, or harm to health, (v) in respect of claims under the Law on Product Liability (Produkthaftungsgesetz), and (vi) in the event that we expressly assume a guarantee as to quality. Any more extensive liability for us is excluded. 

14.2  We shall not be liable without being at fault in respect of defects in the vehicle which exist at the start of the Subscription Period (first scenario in § 536a (1) BGB).

15.  Final Provisions

15.1  You and we have not entered into any collateral agreements with you, whether written, oral or implied. 

15.2  We can amend these Rental Terms at any time for technical, commercial or legal reasons with effect for the future. We will notify you of an amendment to these Rental Terms in text form at least 3 weeks before the amendment takes effect. You can agree to the amendment or object to it prior to it taking effect; however, your agreement shall be deemed to have been given if you do not object to the amendment before it takes effect. We will draw your attention specifically to this in our notice of amendment. We reserve the right to terminate your Subscription if you object to an amendment to these Rental Terms. 

15.3  In the event that a provision of these Rental Terms is or becomes wholly or partially void, invalid, impracticable or unenforceable, the validity and the enforceability of the remaining provisions of these Rental Terms shall not be affected. In those circumstances, you and we shall be obliged to agree on a provision to replace the defective provision which comes as close as possible to what you and we would have agreed if you and we had realized that the provision was defective, taking into account the spirit and purpose of these Rental Terms and within the scope of what is legally possible. The same applies to any gaps in the regulations in these Rental Terms. This Clause 15.3 is not intended to merely have the effect of reversing the burden of proof but is intended to exclude the application of § 139 BGB in its entirety. 

15.4  Your Subscription and these Rental Terms, as well as all rights arising out of or in connection with them, shall be exclusively subject to German law excluding those rules of private international law which lead to the application of the law of a country other than Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. 

15.5  The jurisdiction of the courts over disputes between you and us in connection with your Subscription and these Rental Terms shall be governed by the statutory provisions. If, after concluding the contract, you move your domicile or habitual residence to another country outside Germany, we can bring proceedings against you before the courts in Berlin. 

15.6  The German version of these Rental Terms takes precedence over the English version. The English version of these Rental Terms is merely a non-binding translation.

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