General Conditions
Version April 2023
General Terms and Conditions of Use (GTCU) carvelo
1.
Subject of the contract
1.1
carvelo is a sharing platform for the reservation and use of cargobikes (hereinafter: “bikes” or “Carvelos”) which is operated by Mobilitäts Akademie AG, Bern (hereinafter: the operator). On the carvelo platform, owners of cargobikes (hereinafter: “owners”) offer their bikes for rent to users (hereinafter: “users”).
1.2
These GTCU govern the use of the booking platform by users (relationship between the users and Mobilitäts Akademie AG as the operator of the platform) as well as the renting of the bikes (relationship between the users and the owners). Every time a bike is rented, a rental contract is automatically established between the user and the owner of the bike. As the operator of the platform, Mobility Academy is not liable for claims relating to the contractual relationship between the user and the owner (except in those cases where Mobility Academy itself is the owner of the bike).
2.
How carvelo works
2.1
The user returns the Carvelo to the host before the end of the rental period, locks the Carvelo and returns the key and battery to the host’s person in charge. This person can inspect the condition of the Carvelo together with the user.
The carvelo platform enables the user to book and to use two types of vehicles for limited period: electric cargobikes (“Carvelos”) and electric mini-vans (“Smargos”). To use the platform, the user has to register once only and free of charge.
2.2
To book a Carvelo, the user selects a location and an available vehicle on the platform as well as a start and end date (and time).
2.3
Carvelos can be rented per hour. The maximum rental period depends on the location and is limited by the system.
2.4
The Carvelos are managed by hosts. The hosts are partners of carvelo who look after the bikes on behalf of the owners. They are responsible for charging the batteries and handing over the Carvelos and keys.
2.5
The user meets the host of the selected Carvelo on the selected date at the selected time and receives the key and battery of the bike after presenting an official ID document.
2.6
The costs of rental and voluntary insurance are provided on the website and in the app. The total amount payable is notified at the end of the booking process.
The user returns the Carvelo to the host before the end of the rental period, locks the Carvelo and returns the key and battery to the host’s person in charge. This person can inspect the condition of the Carvelo together with the user.
3.
Registration
3.1
Using the carvelo offer requires prior registration in the carvelo app. To register, the first name, last name, address, e-mail address and cell phone numer have to be provided. Only persons 16 and older can register.
3.2
Changes of names and addresses must be immediately notified to the operator or entered into the user account in the app.
3.3
By registering, the user explicitly accepts these GTCU.
4.
Rates and payment
4.2
To book a Carvelo, a method of payment (such as a credit card, PostFinance Card or TWINT) that is valid until the end of the rental period has to be provided. Payment is charged at the end of the rental period, when the Carvelo is returned. By providing a method of payment, the user grants the operator the authorisation to directly charge the price (rental fee, cost of insurance) as well as any cancellation fees and late-return penalties.
4.3
Reservations can be cancelled free of charge up to 24 hours before the beginning of the rental period; thereafter a cancellation fee of CHF 5 applies. A reservation cannot be cancelled after the beginning of the rental period, but it can be shortened. The rental period can be extended without a penalty up to the end of the selected rental period, provided that the bike is available for this period.
4.4
Users can buy an annual subscription that allows them to benefit from cheaper rental fees. The price and conditions of this subscription are provided here. Subscriptions are valid for one year and cannot be cancelled before the end of this period. Users receive a reminder to renew and pay their subscription 30 days before the expiry of the subscription. After ordering a subscription for the first time, users can revoke the order in writing within 14 calendar days by sending a notice to info@carvelo.ch.
5.
Availability of offer
5.1
Users do not have any claims to the guaranteed availability of the booking platform and bikes.
5.2
Carvelos can only be collected and returned during the host’s opening hours.
5.3
The operator of the platform and the owners of the bikes cannot be held liable for defects and malfunctions of the platform and their consequences.
5.4
The operator does its best to offer the best possible telephone and written information service for questions relating to the platform (info@carvelo.ch, 058 827 34 14). However, users do not have any claims to the availability or specific quality standards of the customer information service. The respective owner must be contacted for questions relating to the rental.
6.
Use of the bikes
6.1
Generally speaking, all interested users may use the bikes. Users must be at least 16 years old. Restrictions imposed by the owners are published on the platform.
6.2
Users are obliged to carefully use, store and lock the bike, comply with all legal provisions relating to the ownership, use and maintenance of the bike, and follow the recommendations for maintenance, care and use of the manufacturer or the operator.
6.3
Before taking receipt of the bike, the user must make sure that the bike is roadworthy in terms of the Federal Road Traffic Act. If not, they may not use the bike and must notify the defects to Mobility Academy as the operator (info@carvelo.ch, 058 827 34 14).
6.4
Users are obliged to return the bike in the same condition it was received.
6.5
The user is liable for all fees, taxes, fines, e.g. for the driving of the vehicle by an unauthorised driver, use of the vehicle for a forbidden purpose and other penalties for which the owner can be held liable, unless these arose through the fault of the owner.
6.6
If the bike breaks down, the user has to return it to the host themselves. The owner and the operator cannot be held liable for any related costs.
6.7
The owner or the operator is entitled to invoice the following penalties:
For late return: CHF 10 per hour or part of an hour
For returning a very dirty bike: CHF 50
For a lost key: CHF 30
6.8
The user may not use the bicycle for political purposes (demonstrations, etc.) without the express permission of the operator. The user may not make any modifications (e.g. advertising boards, etc.) to the bike.
6.9
The bike may not be sold, pledged or encumbered with rights of third parties. In particular, the bike may not be subleased.
6.10
The operator and the owners recommend the user to wear a helmet at every bike ride.
7.
User's conduct and liability for damage and theft
7.1
The user is liable to the owner for a maximum of CHF 1,500.- if the bike is stolen or damaged during the rental period. The user is not liable for scratches, normal wear and tear, the effects of the weather or natural forces, and for any profits lost by the owner as a result of theft or because the damaged vehicle is unroadworthy. Any warranty payments made by the manufacturer or a third party will be deducted from the amount owed. Upon reservation, the user can voluntarily take out insurance cover for damage and theft, in which case the GTCI apply.
7.2
In the event of accidents and damage, even just slight damage to the bike, the user must immediately prepare a detailed report with a sketch of the damage for the owner. If third parties are involved, the report must contain their names and addresses, the details of any witnesses and the number plates of any vehicles involved. The report must be sent to the operator of the platform, for the attention of the owner. The owner undertakes to obtain a quotation and instruct an official repair workshop to repair and service the bike.
7.3
In the event of theft, the bike’s key, a report about the theft and a police report, if applicable, must be submitted to the operator for the attention of the owner within 24 hours or on the next official working day after the theft. The owner of the rented bike can then report the theft to the police. The user authorises the operator and the owner to inspect all relevant documents with all official bodies.
7.4
Art. 7.1 applies if: 1) the bike is not found within 30 days; 2) – the bike is found, in order to cover any search and repair costs.
8.
Insurance cover
8.1
Users use the bikes at their own risk.
8.2
The user takes note that the reservation does not include any insurance cover (third-party liability, accidents, persons and goods that are transported) except if they take out voluntary insurance against damage and theft (GTCI).
8.3
By registering on the platform, the user confirms that they have taken out the third-party liability insurance (for damage caused to third parties, e.g. personal liability insurance or household contents insurance) required for cargo bikes (which qualify as light motorbikes) and are insured against accidents.
9.
Liability of operator and owner
9.1
The operator and the owner exclude any and all liability for damage and the related costs which the user directly or indirectly incurs as a result of the performance of this contract, except if the damage was caused intentionally or through gross negligence by the operator or the owner.
10.
Data privacy
10.1
The operator manages and processes the user’s data in compliance with the provisions of Swiss data protection legislation. It is authorised to collect and process personal data for the purpose of concluding the contract and performing the contractual services.
10.2
The user agrees that their data may be forwarded to third parties, in particular the owner, for the performance, processing and management of the contract of use. The personal data may also be used in aggregated and anonymised form for statistics and studies.
10.3
The bikes may be equipped with a tracking system that makes it possible to identify their location at any time. These data are used exclusively as protection against theft and misuse as well as – in aggregated and anonymised form – for internal analysis purposes.
10.4
The special provisions on data privacy and data security apply in all other respects.
11.
Final provisions
11.1
The operator reserves the right to terminate relationships with users who do not comply with these GTCU (e.g. repeated late return of the bike, etc.), without providing its reasons and without reimbursing any payments already made.
11.2
The user is not authorised to assign any rights under this contract to third parties.
11.3
The operator is authorised to amend these GTCU at any time. Users will be informed about any amendments via e-mail within the required period. The amendments become legally effective the next time a bike is rented, unless the user previously objected to them in writing. Any such objection will result in the termination of the contractual relationship. No payments will be reimbursed.
11.4
These GTCU are governed by Swiss law. The place of jurisdiction is Bern.
General Terms and Conditions of Insurance (GTCI) carvelo
- Contracting parties
- Insured person
- Insured capacity
- Insured claims and benefits
- Reduction of benefits and gross negligence
- Benefits non covered
- Exclusions
- Beginning and end of insurance and period of validity
- Premium
- Territorial validity
- Notification of claims
- Notifications
- Breach of obligations
- Data privacy
- Place of jurisdiction and applicable law
1.
Contracting parties
The insurer is TAS Versicherungen AG, Chemin de Blandonnet 4, 1214 Vernier/GE (hereinafter “TAS”). The insurer bears the risk and settles the claims. The policyholder is Mobilitäts Akademie AG, Maulbeerstrasse 3001 Bern (hereinafter: “Mobility Academy”), which has taken out group insurance from TAS to cover the customers of carvelo, a sharing platform it operates for the reservation and use of cargo bikes.
2.
Insured person
A person who lives in Switzerland or the Principality of Liechtenstein, is a customer of carvelo and has taken out the “carvelo insurance” via the platform.
3.
Insured capacity
The person is insured in their capacity as user of the cargobike (hereinafter referred to as “vehicle”) rented via the carvelo platform, as the party who is responsible to the owner of the rented vehicle in the event of theft or damage caused during the period of use.
4.
Insured claims and benefits
Up to the maximum sum insured of CHF 1,500.-, the insurance covers events for which the insured person is responsible pursuant to section 7 of the General Terms and Conditions of Use. The benefit is paid directly to the owner of the vehicle.
5.
Reduction of benefits and gross negligence
If the damage is caused through the gross negligence of the insured person, TAS reserves the right to reduce the benefits by an amount that equals the insured person’s liability.
6.
Benefits not covered
TAS does not cover the following benefits:
a) Damage to the insured person and satisfaction due to them;
b) Pre-existing damage to the vehicle;
c) Damage due to wear and tear, weather conditions or natural forces;
d) Scratches;
e) Damage that must be paid by a third party or a liability insurer;
f) Profits lost as a result of theft or because the damaged vehicle is unroadworthy;
g) Damage caused to third parties, passengers or transported goods.
7.
Exclusions
The insurance does not cover
a) damage that occurs while the vehicle is being used in breach of the General Terms and Conditions of Use;
b) damage related to participation in brawls and fights;
c) damage related to the commission or attempted commission of crimes and other intentional offences.
8.
Beginning and end of insurance and period of validity
Insurance cover begins when the insured person is included in the group contract, i.e. when the insured person buys the insurance on the carvelo platform. It ends upon expiry of the rental period agreed on the platform.
Claims are covered if they occur during the agreed rental period.
9.
Premium
The premium is collected by Mobility Academy, together with the rental fee.
10.
Territorial validity
The insurance covers claims that arise in Switzerland or in the Principality of Liechtenstein.
11.
Notification of claims
The insured person must notify the claim immediately to Mobility Academy, which will forward the claim to TAS. The insured person must obey the instructions of Mobility Academy and TAS and do everything possible to minimise the damage. Theft and vandalism are only covered if they were reported to the police.
12.
Notifications
Notifications by TAS to the insured person are valid if they are addressed to the latter’s last known residential address. Changes of address must be notified to Mobilitätsakademie AG without delay.
13.
Breach of obligations
If the insured person culpably breaches their contractual or statutory obligations, in particular the obligation to provide information and to cooperate, TAS will be entitled to refuse or reduce its benefits. In the event of a breach of the obligations to cooperate pursuant to Art. 39 of the Federal Insurance Contract Act in particular, TAS will grant the insured person a suitable period to meet these obligations, threatening to exclude cover for non-compliance.
14.
Data privacy
The insured person authorises TAS to collect the data required for the performance of the insurance contract and the settlement of claims. TAS undertakes to treat the data received in confidence and in compliance with the Federal Data Protection Act. It is authorised to outsource the processing of the data for these purposes to third parties. The data are stored for as long as required for these purposes or as prescribed by law. Telephone conversations with TAS can be recorded for training and quality assurance purposes. TAS is authorised to request all useful information from third parties and to inspect official documents. The data can be transmitted to affected third parties or abroad if needed to settle the claim, enforce recourse claims of TAS or discover or prevent insurance fraud. The insured person authorises TAS to use electronic communication media such as e-mail, fax, etc. for communicating with them and other parties. The risk that third parties may gain access to transmitted data cannot be excluded. TAS therefore excludes any liability for the receipt, acknowledgement, transmission, copying, use or manipulation by third parties of electronically transmitted information or data of any kind.
15.
Place of jurisdiction and applicable law
TAS accepts the jurisdiction of the court at the place of residence of the insured person in Switzerland or the Principality of Liechtenstein for disputes between TAS and the insured person in relation to these GIP. If the insured person is not resident in Switzerland or in the Principality of Liechtenstein, the courts of the canton of Bern have jurisdiction. These GTCI are subject to Swiss law. The provisions of the Federal Insurance Contract Act in particular apply. The special conditions of use and insurance for SMARGO apply to the vehicles used as part of the SMARGO pilot project (Goupil G4, Kyburz DXS, Riksha RV1).
Special Conditions of Use (SCU) smargo
1.
Subject of the contract
1.1
The Mobility Academy (hereinafter: “operator”) offers a sharing service of light electric commercial vehicles (hereinafter: “vehicles”) as part of the project “smargo”. Via the platform carvelo, the vehicles can be booked by the hour analogous to the existing cargobike fleet.
1.2
The following special terms of use apply exclusively to the rental of these vehicles. They contain supplements to and deviations from the general GTCU of carvelo, April 2023 edition, which remain applicable to users unless special provisions are made below.
2.
How smargo works
2.1
Analogous to the bikes, the vehicles are managed by so-called hosts. The host hands over the keys of the vehicle to the user upon presentation of an official ID. The user returns the keys to the host on time at the end of the rental period.
2.2
The hosts are not responsible for charging the vehicles. The user himself is responsible for reconnecting the vehicle to the power supply installed on site after use, by means of a charging cable.
2.3
Rental prices can be seen here and are calculated and offered during the booking request depending on the rental period.
3.
Registration
3.1
Only persons in possession of a driver’s license (B) have access to the vehicles.
3.2
Before booking a vehicle, the required driver’s license must be uploaded in the carvelo user profile and will be verified by the operator. The verification may take one business day.
4.
Use of the vehicles
4.1
If the vehicle breaks down, the user must inform the operator, who will take the necessary steps. The operator cannot be held liable for any consequential damages (loss of profit, etc.).
5.
Damage, theft & insurance
5.1
In case of damage to the vehicles or theft, the user is covered by the following insurances taken out by the operator:
- Third party liability, without deductible
- Partial casco, without deductible
- Collision insurance, deductible CHF 1,000.-.
The insurance conditions can be requested from the operator if required.
5.2
The user must pay the CHF 1,000.- deductible for the collision insurance in the event of a claim. However, the user can take out optional insurance for the deductible on the basis of the conditions below when making the reservation.
General Terms and Conditions of Insurance (GTCI) smargo
1.
Contracting parties
The insurer is TAS Versicherungen AG, Chemin de Blandonnet 4, 1214 Vernier/GE (hereinafter “TAS”). The insurer bears the risk and settles the claims. The policyholder is Mobilitäts Akademie AG, Poststrasse 1, 3072 Ostermundigen (hereinafter: “Mobility Academy”), which has taken out group insurance from TAS to cover the customers of smargo, a sharing platform it operates for the reservation and use of light electric commercial vehicles (hereinafter “vehicles”). The vehicles are insured through the operator, among other things, collision insurance, with a deductible to be borne by the user of CHF 1000.
2.
Insured person
A person who lives in Switzerland or the Principality of Liechtenstein, is a customer of smargo and has taken out the “smargo insurance” via the carvelo platform.
3.
Insured capacity
The person is insured in their capacity as user of the vehicle rented via the carvelo platform.
4.
Insured claims and benefits
Up to the maximum sum insured of CHF 1,000.-, the insurance covers events for which the insured person is responsible. The benefit is paid directly to the owner of the vehicle.
5.
Exclusions
There is no coverage if the vehicle’s collision coverage insurer denies coverage.
6.
Beginning and end of insurance and period of validity
Insurance cover begins when the insured person is included in the group contract, i.e. when the insured person buys the insurance on the carvelo platform. It ends upon expiry of the rental period agreed on the platform.
Claims are covered if they occur during the agreed rental period.
7.
Premium
The premium is collected by Mobility Academy, together with the rental fee.
8.
Territorial validity
The insurance covers claims that arise in Switzerland or in the Principality of Liechtenstein.
9.
Notification of claims
The insured person must notify the claim immediately to Mobility Academy, which will forward the claim to TAS.
The insured person must obey the instructions of Mobility Academy and TAS and do everything possible to minimise the damage.
10.
Notifications
Notifications by TAS to the insured person are valid if they are addressed to the latter’s last known residential address. Changes of address must be notified to Mobilitätsakademie AG without delay.
11.
Breach of obligations
If the insured person culpably breaches their contractual or statutory obligations, in particular the obligation to provide information and to cooperate, TAS will be entitled to refuse or reduce its benefits. In the event of a breach of the obligations to cooperate pursuant to Art. 39 of the Federal Insurance Contract Act in particular, TAS will grant the insured person a suitable period to meet these obligations, threatening to exclude cover for non-compliance.
12.
Data privacy
The insured person authorises TAS to collect the data required for the performance of the insurance contract and the settlement of claims. TAS undertakes to treat the data received in confidence and in compliance with the Federal Data Protection Act. It is authorised to outsource the processing of the data for these purposes to third parties. The data are stored for as long as required for these purposes or as prescribed by law. Telephone conversations with TAS can be recorded for training and quality assurance purposes. TAS is authorised to request all useful information from third parties and to inspect official documents. The data can be transmitted to affected third parties or abroad if needed to settle the claim, enforce recourse claims of TAS or discover or prevent insurance fraud. The insured person authorises TAS to use electronic communication media such as e-mail, fax, etc. for communicating with them and other parties. The risk that third parties may gain access to transmitted data cannot be excluded. TAS therefore excludes any liability for the receipt, acknowledgement, transmission, copying, use or manipulation by third parties of electronically transmitted information or data of any kind.
13.
Place of jurisdiction and applicable law
TAS accepts the jurisdiction of the court at the place of residence of the insured person in Switzerland or the Principality of Liechtenstein for disputes between TAS and the insured person in relation to these GIP. If the insured person is not resident in Switzerland or in the Principality of Liechtenstein, the courts of the canton of Bern have jurisdiction. These GTCI are subject to Swiss law. The provisions of the Federal Insurance Contract Act in particular apply.