§ 1 Subject matter
- car2go Österreich GmbH, Ausstellungsstraße 50, Stiege 3, 2. Stock, 1020 Vienna, telephone number: +43 1 2677111, email address: email@example.com (hereinafter referred to as "SHARE NOW") operates the car sharing concept SHARE NOW.
- The present SHARE NOW Pass and SHARE NOW Business Pass subscription terms ("Terms") shall apply to both the SHARE NOW Pass and the SHARE NOW Business Pass subscription agreement under each of which a Customer who subscribes to a SHARE NOW Pass or a SHARE NOW Business Pass subscription plan (each a "Subscription") receives a discount in accordance with the respective subscription plan.
- To enter into a Subscription Customers need to log in on the SHARE NOW Subscription website or (when available) access the Subscription section in the SHARE NOW App after logging in, by using the SHARE NOW credentials. By ticking the order button in the order summary, the Customer submits his/her order and, thus, a legally binding offer. Before the Customer completes his/her order, the selected subscription plan is displayed in an order summary for examination. The Customer may then identify and correct input errors, if any, prior to making the binding order, by returning to the previous page or by clicking on the designated button on the summary page. SHARE NOW reserves the right to accept or deny your offer. The agreement is concluded when SHARE NOW sends a confirmation of the Subscription (e.g., by sending an email or invoice).
- The Subscription is concluded in German language. The wording of the Subscription will be stored by SHARE NOW after its conclusion and can be accessed in the "Manage Subscription" section of the website. In the event of any conflict between the German language and the English language version of these Terms, the German language version shall prevail.
- The following provisions of the car2go Österreich GmbH General Terms and Conditions shall apply accordingly:
- The right to make changes set out in § 1 (4);
- the provisions on making payments set out in § 7 (9) to (11);
- the provisions on assignment, direct debit authorizations and pre-notifications set out in § 8;
- the limitation of liability set out in § 13 (1), (2) and (3);
- the applicable codes of conduct set out in § 16;
- the general provisions set out in § 17; and
- the provision on customer service and complaints in § 18.
§ 2 Definitions
"Customer" shall mean an individual that has properly and successfully registered with SHARE NOW and entered into a valid master agreement with SHARE NOW.
§ 3 Subscription plan
- The Customer receives a discount pursuant to the selected subscription plan.
- The prices for the Subscription are displayed in the ordering process.
- The discount pursuant to the respective subscription plan only applies to the per minute rate, but not to any other prices and fees, in particular, additional kilometer prices, package prices, airport and any other fees, costs, including all fees and costs laid down in the SHARE NOW Fee and Cost Policy, unless otherwise indicated in the selected subscription plan.
- Subscription plans cannot be combined, i.e. the minute rates are only reduced in accordance with one subscription plan even if the Customer has more than one Subscription.
- In case of the SHARE NOW Pass, the discounts pursuant to the respective subscription plan only apply in connection with individual lease agreements concluded between the Customer and the respective SHARE NOW entity with which the Customer has concluded the Subscription (i.e. in the same country).
- In case of the SHARE NOW Business Pass, the discounts of the respective subscription plan will also apply to individual lease agreements concluded between the Customer and the following SHARE NOW entities (in the following countries): - car2go Österreich GmbH, Ausstellungsstraße 50, Stiege 3, 2. Stock, 1020 Vienna (Austria) - ogotrac SAS, 12 Rond-point Champs Elysées M. Dassault, 75008 Paris (France) - SHARE NOW GmbH, Warschauer Platz 12, 10245 Berlin (Germany) - car2go Italia S.r.l., Via M. Camperio 14, 20123 Milan (Italy) - car2go Nederland B.V., Barbara Strozzilaan 101, 1083 HN Amsterdam (Netherlands) - car2go Iberia S.L., C/ San Bernardo 35, 28015 Madrid (Spain)
- Discounted per minute rates are rounded down to the next lower minimum currency unit of the applicable currency.
- The SHARE NOW Pass only applies to trips made with the private profile. The monthly fee for the SHARE NOW Pass will always be deducted from the Customer's private profile.
- The SHARE NOW Business Pass applies to trips made with the private or business profile. The monthly fee for the SHARE NOW Business Pass will always be deducted from the Customer's business profile or the corporate profile of the Customer's employer if and when that option is available.
§ 4 Subscription term and termination
- Each Subscription is concluded for an indefinite term where the minimum is one month starting from the day the respective Subscription is concluded.
- Subject to giving 14 days’ prior notice, each Subscription may be terminated by either party each month on the day that has the same number as the day on which the respective Subscription was concluded ("Start Day"; e.g., on the 5th of each month if the Subscription was concluded on the Start Day of September 5th). If the number of the Start Day does not exist in a given month (e.g., there is no April 31st), the last day of that month shall be the termination date (e.g., April 30th). The termination by the Customer shall be in text form (e.g., letter, fax, email). The Customer may also terminate each Subscription by using the respective unsubscribe function on our SHARE NOW Subscription website or (when available) in the SHARE NOW App.
- The parties' right of extraordinary termination remains unaffected.
§ 5 Right of withdrawal
Customers who are consumers have a right of withdrawal with regard to each Subscription pursuant to the following provisions:
Instructions on the Right of Withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (car2go Österreich GmbH, Ausstellungsstraße 50, Stiege 3, 2. Stock, 1020 Vienna, Austria, telephone number: +43 1 2677111, email address: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
You may use the below model withdrawal form, but it is not obligatory.
Template withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
Ausstellungsstraße 50, Stiege 3, 2. Stock 1020 Vienna
- Telephone number: +43 1 2677111
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.