Version of May 4th 2020
1. Foreword
AMAG Services AG, Steinackerstrasse 20, CH-8302 Kloten (hereinafter referred to as “Europcar on Demand”, “we” or “us”) offers via the Europcar on Demand website a carsharing service in which vehicles can be booked at any time on an hourly basis via an app or online app, and collected and returned independently (hereinafter referred to as the “Europcar on Demand Carsharing Service”).
The reservation of carsharing vehicles is offered to individual persons for private use and to companies for business use.
2. Definitions
In these subscription and rental terms and conditions (hereinafter referred to as “Subscription and Rental Terms and Conditions”), the following terms and conditions have the meanings set out below.
Subscription: Europcar on Demand offers different price models for access to the Europcar on Demand Carsharing Service.
Activation date: The date on which the subscription begins.
Authorised driver: The ordering party of the vehicle and the holder of the account is the authorised driver. The vehicle may not be driven by third parties.
In the event of a business subscription, the drivers registered in the business account are authorised to drive a vehicle. The company assumes all responsibility. Europcar on Demand reviews all applications and authorises the drivers.
Vehicle: A carsharing vehicle that is provided by Europcar on Demand.
Vehicle documents: All documents that are stored in the vehicle.
Customer: A customer of the Europcar on Demand Carsharing Service, a natural person or legal entity that has taken out a subscription to use the Europcar on Demand Carsharing Service.
Rental Terms and Conditions: These Rental Terms and Conditions.
Roadside assistance: The Europcar on Demand partner company that provides assistance services in the event of a breakdown or an accident.
Legal notice: The legal notice from the Euopcar on Demand website which you will find here.
Damage: Minor damage of up to a maximum of CHF 500 is charged in accordance with the overview of the repair costs. For damages of CHF 500 and above, a cost estimate will be requested and the renter will be presented with the invoice.
Keycard: The personal keycard is a near field communication card (NFC, contactless card) that is compatible with the Europcar on Demand carsharing technology. The card allows the customer to access the vehicle at the start of the reservation as well as to lock up the vehicle.
Excess: The excess is the maximum amount that the customer will be charged for any damage that has occurred to the vehicle during its rental. The damage must not have been caused through negligence and the driver must have been adhering to road traffic laws, the rules of the road and these Rental Terms and Conditions.
Location: The parking space reserved for the vehicle.
Europcar on Demand carsharing terminal: The terminal is a device situated in the vehicle’s glove compartment, which is used for operating the vehicle and which allows customers to contact the Europcar on Demand Customer Service, end the rental and extend the reservation.
Accessories: All objects that can be provided with the vehicle, e.g. key, terminal, card reader, charging cable (where appropriate), etc.
3. Scope
3.1 These Rental Terms and Conditions apply to all customers of and authorised drivers in the Europcar on Demand Carsharing Service that rent a vehicle from Europcar on Demand.
3.2 These Rental Terms and Conditions also apply – in addition to the legal notice – to the use of the Europcar on Demand website. These Rental Terms and Conditions can be amended at any time.
3.3 If you have decided on a subscription, the terms and conditions that are valid on the day on which you took out the subscription via the Europcar on Demand website and that can be amended in accordance with the change process described below apply.
3.4 Should Europcar on Demand wish to amend the Rental Terms and Conditions during the term of your subscription, you will be informed of this in writing and the changes will enter into force fourteen (14) days after the date of correspondence.
3.5. You are entitled to terminate your subscription within one (1) month of the change(s) entering into force if you do not agree to the new conditions.
3.6 Should you wish to terminate your subscription on the basis of the changes, the subscription amount paid in excess will be transferred back to your credit card on a pro rata basis. The termination will enter into force on the day on which Europcar on Demand receives your letter of termination.
4. Your right of withdrawal
4.1 If you are a private individual, you have a right of termination of fourteen (14) days from the date on which the subscription was activated. You can make use of your right of withdrawal by sending an explicit notice of withdrawal via e-mail to ondemand@europcar.ch
4.2 If the fourteen (14) days of the termination period ends on a Saturday, Sunday, a public holiday or a non-working day, the termination period will be extended until the next working day.
4.3 If you decide to exercise your right of withdrawal, the following will happen:
4.4 If you have not rented any vehicles, we will refund you all of the amounts that you have already paid within fourteen (14) days after the receipt of your termination. We will refund the same credit card with which you registered.
4.5 If you have rented a vehicle during the termination period and your termination period comes to an end during the term of rent,
4.6 we will not refund the rental fee; and
4.7 we will retain a pro rata share of the fee paid for the subscription from the time it is taken out until it is terminated.
5. Renting a vehicle
5.1 Rental Terms and Conditions for vehicles
5.1.1 The authorised driver of a vehicle must fulfil the following conditions:
- Must be a person of full legal capacity who is at least eighteen (18) years of age
- at least 1 year in possession of the driver`s license;
- Have a permanent place of residence in Switzerland or abroad;
- Have a valid driver's license
- Must not have had their driving licence revoked in the last five (5) years
5.1.2 Europcar on Demand reserves the right to refuse a registration without giving reasons. Furthermore, Europcar on Demand may cancel vehicle reservations if an obligation is violated or in general if the reservation seems unusual, risky or suspicious.
5.1.3 An authorised driver may only reserve one vehicle within the same time window.
5.2 Changes to or cancellations of the vehicle rental
5.2.1 If you or the authorised driver wish to change the reservation of a vehicle, e.g. extend or shorten the booking, this can be amended prior to the time at which the vehicle must be returned by either clicking the “Change” button within the reservation on the Europcar on Demand website or by using the Europcar on Demand terminal in the vehicle. The costs for making a change to a reservation (depending on the change made) are set out in the fee list.
5.2.2 If you or the authorised driver wish to cancel the vehicle rental, you can do this prior to starting to use the vehicle by clicking the “Cancel” button within the reservation. The cancellation costs are set out in the fee list.
5.2.3 Should the booked vehicle not be available following the confirmation of your reservation, Europcar on Demand will endeavour to provide a replacement vehicle as quickly as possible:
5.2.3.1 Europcar on Demand will provide a similar vehicle or a vehicle from a higher vehicle category without a surcharge; or
5.2.3.2 Europcar on Demand will provide a vehicle from a lower vehicle category and in this instance allow a discount on your rental.
5.2.3.3 If we make a reasonable effort at replacing the vehicle but are still unable to source and provide a suitable alternative vehicle that is available within an hour of your confirmed departure time, you will be reimbursed the costs of your reservation.
6. Reception and rental of the vehicle
6.1 Access to the vehicle
Once the reservation has been confirmed by Europcar on Demand, the authorised driver may open the vehicle at the agreed location on the booked date and at the booked time
6.1.1 by holding a keycard to the card reader; or
6.1.2 by clicking the “Activate my reservation” symbol either on the mobile version of the Eropcar on Demand website or via the mobile app. After following the instructions on the Europcar on Demand carsharing terminal, the authorised driver can now start or lock up the vehicle using the vehicle key stored in the terminal.
6.2 Status report upon collecting the vehicle
6.2.1 A status report that is deemed up to date is provided with the reservation confirmation.
6.2.2 Upon collecting the vehicle, the authorised driver must carry out a visual inspection of the vehicle and check the following:
6.2.2.1 All of the vehicle documents and accessories listed in the status report are provided.
6.2.2.2 The vehicle is reasonably clean.
6.2.2.3 If the vehicle uses petrol or diesel, the fuel tank is at least one quarter (1/4) full.
6.2.2.4 The condition of the vehicle (both the interior and exterior) corresponds to the condition specified in the status report.
If there is an error in the report, damage to the vehicle that has not been listed in the report, or a status report has not even been provided, please contact the Europcar on Demand Customer Service.
6.2.3 If you or the authorised driver do not report any potential new defects or damage to us, the vehicle will be considered as having been accepted in the condition described in the status report.
If you fail to do this or do not contact Customer Service if a status report has not been provided, you are liable for all damage to the vehicle that was discovered and reported following your rental up to the value of your excess.
6.3 Use of the vehicle
6.3.1 Maintenance of the vehicle
6.3.1.1 During the vehicle rental, you and the authorised driver are obliged to use the vehicle responsibly and take all of the necessary and appropriate measure to keep the vehicle in a good condition.
6.3.1.2 Europcar on Demand performs continuous vehicle maintenance work when each vehicle is not being rented.
6.3.1.3 In the event that a problem arises that makes it impossible for a vehicle to continue to be used (e.g. strange noises, warning indicators on the instrument panel or similar problems), you are obliged to notify Customer Service immediately (see Clause 16) in order to discuss the next steps to be taken.
6.3.1.4 You and the authorised driver are obliged to maintain the vehicle, always lock it up and park it in a secure parking site when it is not being used.
6.3.1.5 It is strictly prohibited to
6.3.1.5.1 smoke in the vehicle;
6.3.1.5.2 use the vehicle to transport animals – with the exception of service animals for disabled persons;
6.3.1.5.3 leave the vehicle in an exceptionally dirty condition (rubbish left in the vehicle, soiled seats, mud on the bodywork, etc.);
6.3.1.5.4 affix advertisements or stickers to the vehicle without the advance written consent of Europcar on Demand;
6.3.1.5.5 drive the vehicle outside of Switzerland and its neighbouring countries without the advance consent of Europcar on Demand.
If these rules are ignored, you will be charged a fee described in the fee list.
6.3.2 Use of the vehicle
The vehicle must be used in accordance with the law and must not be used in particular
6.3.2.1 if it is overloaded (e.g. with more passengers than is permitted or with a load that exceeds the maximum capacity of the vehicle);
6.3.2.2 to tow or move other vehicles or trailers;
6.3.2.3 to transport dangerous, combustible or explosive goods or items;
6.3.2.4 to drive on unpaved roads;
6.3.2.5 to transport goods or people for a fee;
6.3.2.6 for any kind of public passenger transport;
6.3.2.7 to give driving lessons;
6.3.2.8 to take part in a vehicle race, a rally or for any other sporting purpose;
6.3.2.9 for subletting – for a fee or for free;
6.3.2.10 for illegal purposes or to intentionally commit a crime. Any risky, negligent or careless use of the vehicle is prohibited.
6.3.3 The vehicle may only be used by an authorised driver. You are obliged to the following:
6.3.3.1 As a company you must ensure that each driver is duly authorised to drive the vehicle. Drivers that can only drive vehicles with an automatic transmission must not under any circumstances drive a vehicle that has a manual drive.
6.3.3.2 You are fully liable for the use of the vehicle in any event.
6.3.4 You and the authorised driver must not drive the vehicle when excessively tired, under the influence of alcohol, drugs or medication that impair concentration or other legal or illegal substances that affect driving skills to such an extent that the driver is no longer in control of the vehicle or that it negatively affects the driver’s fitness to drive.
6.3.5 If children under the age of twelve (12) are in the car, you are obliged to provide your own booster seats, child safety seats and all other child protection measures necessary, and install these in accordance with the respective manufacturer’s instructions.
6.3.6 Every instance in which you or one of the other authorised drivers fail to comply with these instructions may result in the insurance and protection provisions becoming compromised and/or invalid. You are responsible and liable for all of the reasonable costs that arise for any adverse consequences, loss and/or damage that may occur as a result of your failure to comply with these instructions. Furthermore, we reserve the right to demand the immediate return of the vehicle if the concluded and/or optional insurance cover and the supplementary services become compromised and/or invalid.
6.4 Accident or technical malfunction
6.4.1 Procedure in the event of a technical defect
6.4.1.1 If a warning light on the instrument panel lights up or the vehicle exhibits a fault during the rental period, Customer Service must be contacted.
6.4.1.2 If the vehicle suffers a malfunction or is involved in an accident during the rental period, the roadside assistance will attempt to make the vehicle roadworthy again.
6.4.1.2.1 If the vehicle cannot be repaired, we will (where possible) provide you with an alternative vehicle with comparable features and of similar size for the rest of the rental period.
6.4.1.2.2 If we cannot repair the vehicle or provide you with another vehicle, we will refund you on a pro rata basis for the proportion of the rental period in which you were unable to use a vehicle.
6.4.2 In the event of an accident or an incident
6.4.2.1 In the event of an accident/incident, you or the authorised driver must call Customer Service immediately on +41 44 804 90 33.
If you do not do this or continue to use the vehicle, you are responsible for all losses and/or any damage caused to the vehicle or a third party through the use of the vehicle, as well as for all applicable damage and loss fees and the fees set out in the fee list.
6.4.2.2 If we are of the opinion that the accident or incident was caused by negligence, deliberate misuse or a breach of these Rental Terms and Conditions by you and/or the authorised driver and/or an unauthorised driver, and/or our collision damage insurance is not applicable or has become invalid due to an action or a failure to act when our collision damage insurance is applicable and when it becomes invalid), we reserve the right to charge you the full costs of repairs and you are obliged to pay the amount.
6.4.2.3 If you or an authorised driver has an accident/incident, you or this authorised driver must
6.4.2.3.1 pay the corresponding fees in accordance with the fee list;
6.4.2.3.2 not hastily admit or assume responsibility against third parties;
6.4.2.3.3 write down the names, addresses and telephone numbers of everyone involved, including witnesses, and share these with us;
6.4.2.3.4 secure the vehicle and immediately inform the police if someone is injured, the road is blocked or if objects have been damaged;
6.4.2.3.5 inform Customer Service immediately of the accident or incident by phone, Tel. +41 44 804 90 33;
6.4.2.3.6 fill out and return the accident report form, which can be found in the glove compartment.
6.4.2.4 You must to the best of your ability endeavour to provide us with complete information about all of the third parties and third-party vehicles that were involved in the accident/incident with our vehicle. Otherwise, the insurance coverage or a potential reduction of the excess may lapse (provided you had taken out this additional insurance policy).
6.4.2.5 Upon our request, you must do everything that is reasonably and legally required of us, and let us use your name or the name of the authorised driver to enforce rights or legal claims against persons in connection with the vehicle.
6.5 Compliance with traffic regulations
6.5.1 During the rental period, you and/or the authorised driver must comply with all driving licence regulations as well as all road traffic laws and the applicable regulations in the country in which the vehicle is being driven.
6.5.2 The authorised driver is liable for any breaches of the above-mentioned laws and regulations, and is obliged to pay any amounts due for breaching or violating the applicable road traffic regulations.
6.5.3 During this rental period, you and/or the authorised driver are/is responsible for any costs incurred and must settle these yourselves:
6.5.3.1 All parking fees, vignettes for other countries, tolls, etc.
6.5.3.2 Parking fees and parking fines, speeding fines, fines for non-compliance with traffic regulations, towing charges when incorrectly parked, etc. imposed by a responsible authority or organisation.
6.5.3.2.1 For every time that we have to deal with correspondence connected to such breaches, we will charge you our administration fee, as described in the fee list.
6.5.3.2.2 If we receive a fine that was issued during your rental period due to you breaching traffic regulations or incorrectly parking the vehicle, we will transfer the liability for paying the fine to you or the driver in question by informing the responsible authority of the identity and contact details of the driver so that you or the authorised driver are responsible for payment and all of the future correspondence with the responsible issuing authority.
Both you and the other authorised drivers shall provide your consent that we are allowed to provide the responsible authority with your personal details so that liability can be transferred to the person(s) responsible.
6.6 Range of the vehicle
6.6.1 Petrol/diesel vehicles
6.6.1.1 Obligation to refuel the vehicle
6.6.1.1.1 If the vehicle must be refuelled, a fuel card for use at our partner’s petrol stations can be found with the terminal in the glove compartment. The vehicles are to be refuelled at these providers, where possible.
6.6.1.1.2 Should there not be any of our partner’s petrol stations in close proximity, you or the authorised driver may refuel the vehicle using your own means of payment. We will subsequently reimburse you the amount paid (max. CHF 30) upon submission of the receipt to ondemand@europcar.ch
6.6.1.1.3 Our fuel card is only intended to be used to pay for fuel. Should the card also be used to pay for other goods, we will pass on these costs in full to you. We will also charge you a fee for the misuse of the fuel card in accordance with the fee list.
6.6.1.2 Refuelling the vehicle with an unsuitable fuel
If you or the authorised driver refuels the vehicle with the incorrect fuel, you will be charged for any damage that arises as a result of this action in accordance with the provisions set out in Clause 8 below, plus an administration fee, the amount of which is set out in the fee list.
6.6.1.2.1 If during refuelling you notice that you have used the incorrect fuel, please contact Customer Service immediately.
6.6.1.2.2 If you have already driven the vehicle and it has now come to a stop, please take the same steps as in a breakdown/accident. You must inform Customer Service immediately.
6.6.1.2.3 You will be charged for all repairs plus an administration fee, the amount of which is set out in the fee list.
6.6.2 Electric vehicles
6.6.2.1 In the case of an electric vehicle, you or the authorised driver may charge the vehicle during the rental period using the charging cable provided in the vehicle.
6.6.2.2 If the vehicle battery goes completely dead during the rental period, you or the authorised driver are obliged to inform Customer Service immediately. You are liable for any damage to the vehicle charging system as well for any costs incurred as a result of such a breakdown, unless the charging cable was not provided in the vehicle or did not work properly.
6.6.2.3 If you or the authorised driver do not return the charging cable, you will be charged the costs for replacing the charging cable as well as a fee for losing the charging cable for electric vehicles in accordance with the fee list.
7. Returning the vehicle
7.1 You or the authorised driver must return the vehicle to the location at the agreed time and on the agreed day, and in the condition in which we provided it at the start of the rental period.
7.2 The rental period ends if you or the authorised driver:
7.2.1 have/has parked the vehicle at the agreed location; and
7.2.2 have/has placed the key back in the Europcar on Demand carsharing terminal; and
7.2.3 have/has performed the following actions:
7.2.3.1 have/has held the personal keycard to the vehicle’s card reader; or
7.2.3.2 have/has clicked the “End my reservation” field in the Europcar on Demand app; or
7.2.3.3 have/has followed the instructions provided by the interactive voice platform.
7.3 When returning the vehicle, you or the authorised driver must inspect the vehicle for any new damage and inform Customer Service should any new damage be discovered.
7.4 If a vehicle is returned in a dirty condition, we reserve the right to charge for cleaning in accordance with our fee list.
7.5 In the case of a petrol/diesel vehicle: the vehicle must be returned with at least a one quarter (1/4) full fuel tank, otherwise you will be charged the fee set out in the fee list for not returning the vehicle with the requisite amount of fuel.
7.6 In the case of an electric car: the vehicle must be connected to the designated charging station at the location, otherwise you will be charged the fee set out in the fee list.
7.7 If the personal keycard is lost, damaged or stolen, you or the authorised driver are obliged to inform Customer Service immediately.
7.8 If the vehicle key is lost, damaged or stolen, you or the authorised driver are obliged to inform Customer Service immediately. You will be charged the costs for the replacement key in accordance with the provisions set out in Clauses 8, together with the fee set out in the overview of repair costs - minor damages for the loss or theft of the key.
7.9 If, upon returning the vehicle, you or the authorised driver has exceeded the number of kilometres or rental period selected when making the reservation and you have not arranged a vehicle extension, you will be charged for all of the extra kilometres and hours. If the vehicle is returned late, you will be charged the fee for late return set out in the fee list. If the damages that we suffer are greater than the fee, because, for example, we have to pay the next customer compensation, we will charge you for all of the damages incurred.
8. Damage to the vehicle
8.1 When returning the vehicle (Clause 7) make sure that the key, the fuel card, all accessories and the vehicle documents have been returned to the vehicle and that you give the vehicle back in the condition in which you received it.
8.2 If you do not fulfil the obligation detailed in Clause 8.1 in any manner, we are entitled to
8.2.1 repair the vehicle at our discretion to restore it to its original condition; and
8.2.2 you are obliged to pay the administration fees that are listed in the fee list, regardless of whether the damage was caused by you or a third party (including a third party with who you had an accident).
8.2.2.1 If the damage is covered by our insurance package as set out of these Rental Terms and Conditions (vehicle insurance), the amount to be paid is reduced to the agreed excess.
8.2.2.2 The costs cease to apply if the damage was our fault or was caused by our negligence or our breaching of these Rental Terms and Conditions.
8.2.2.3 If we have received payment from a liable third party, as described in Clause 8.2.3.
8.2.3 If the administration fees have been paid in accordance with Clauses 8.2.2 and
8.2.3.1 a third party admits or is later determined before a court of competent jurisdiction that it is responsible for a part or the entirety of the damage, and
8.2.3.2 we have demanded payments from third parties or third-party insurance companies, we will check whether we have demanded more than the total damage and if we need to refund you.
Damage that was discovered after the return of the vehicle and in your absence:
8.3 If damage is discovered during a routine check, during the cleaning of the vehicle or by the next renter, we will send you the following documents via e-mail or post:
8.3.1 Details of the damage discovered;
8.3.2 Photos of the damage;
8.3.3 An invoice with the relevant fees.
8.4 Querying the amount of damages:
8.4.1 You have fourteen (14) days from the date on which the e-mail was sent to dispute your liability for the discovered damage and/or the fees imposed by us. If you do not raise an objection within this period of fourteen (14) days, we will invoice you the fees and charge the credit card that you disclosed to us when making the reservation
8.4.1.1 either with the costs referred to in Clause 8.5; or
8.4.1.2 the excess, depending on which value is lower.
8.5 Type of damage
8.5.1 Minor damage
8.5.1.1 We differentiate between minor and major damage. Minor damage refers to lesser damage to the vehicle (or the loss, theft or damage of the vehicle key, accessories, terminal or the documents in the vehicle). The different types of minor damage are listed in the overview of repair costs.
8.5.1.2 For minor damage suffered by the vehicle during your rental period, we will
8.5.1.2.1 charge you the flat fee(s) agreed in advance that are listed in the overview of repair costs table; and
8.5.1.2.2 impose an administration fee that is listed in the fee list.
8.5.2 Major damage
8.5.2.1 Any damage that is not listed as minor damage is considered to be major damage.
8.5.2.2 If the vehicle suffers major damage during your rental period, you are obliged to
8.5.2.2.1 pay us to remedy the entire damage; and
8.5.2.2.2 incur the following fees:
8.5.2.2.2.1 A loss of use fee for the earnings lost during the repair of the vehicle. We will calculate the loss of use fee based on the daily rental price.
8.5.2.2.2.2 An administration fee that is set out in the fee list.
8.5.3 Total loss
8.5.3.1 If the damage caused to the vehicle is assessed to be so serious that it no longer makes sense to carry out repairs, we refer to this as a total loss. In the event of a total loss
8.5.3.2 we will charge you the value of the vehicle prior to the accident as well as any costs for the transport of the vehicle, less the amount that we will still receive for the damaged vehicle;
we will charge you:
8.5.3.3 A loss of use fee for the vehicle that can no longer be used. We will calculate the loss of use fee based on the daily rental price, adjusted to the estimated capacity utilisation (as a percentage) of our fleet that is calculated on a quarterly basis.
8.5.3.4 A fee for calling out of a technician (this is described in the fee list).
8.5.3.5 An administration fee that is set out in the fee list.
8.6 Damage to third parties
If you do not take out our insurance cover (which automatically includes third-party liability insurance) for your vehicle during the rental period, you are responsible for covering the costs of any damage that you inflict on other parties, their property, their vehicle as well as for all uninsured losses that otherwise arise during the rental period.
9. Vehicle insurance
9.1 Compulsory third-party liability insurance
We (Europcar on Demand) are legally obliged to insure all of our vehicles against damage to third parties. We have taken out our third-party liability insurance policies from the leading insurance companies in the industry and these are automatically included in our carsharing service.
9.1.1 What is insured?
You and the authorised driver are insured for the financial consequences of an incident involving a third party that occurs during your rental period.
9.1.1.1 Physical injury or the death of third parties
9.1.1.2 Material damage to the property of third parties as well as the loss and costs that arise from the damage
9.1.2 What is exempt from the coverage?
The third-party liability insurance does not cover:
9.1.2.1 Physical injury or death suffered by you or the authorised driver in the collision;
9.1.2.2 The damage or loss of objects that are transported in or on the vehicle; or
9.1.2.3 All damage caused to the vehicle.
9.1.3 How much is your excess in the third-party liability insurance?
9.1.3.1 If you have not breached any applicable laws, you are covered for all of the financial costs that you have to pay third parties as a result of a collision for which you were at fault.
9.1.3.2 If you do not comply with these laws, however, our insurance company, while fulfilling its obligations toward third parties as set out in our third-party liability insurance policy, may demand that you pay back a part or all of the costs that it paid to this third party as a consequence of this incident.
9.1.4 How to inform us of such events?
In the event of incidents involving a third party, you are obliged to fill out and sign the accident report correctly to ensure that we are aware of all of the relevant details about both the incident and the third party. The accident report must be sent to us as soon as possible, but no later than within five (5) working days after the incident.
9.2 Collision damage
Insurance against collision damage limits the financial risk of vehicle damage while the vehicle is in your care. Insurance against collision damage is included in the rental price and if you comply with the applicable laws and these Rental Terms and Conditions, we will assume all costs for damage caused to the vehicle that exceed the excess.
9.2.1 What is insured?
You are insured if
9.2.1.1 you collide with a fixed or moving object;
9.2.1.2 the vehicle is damaged by vandalism during the journey or its use;
9.2.1.3 glass (including sunroofs and panoramic roofs), lights or reflectors are damaged or broken, or tyres are damaged;
9.2.1.4 the vehicle suffers the consequences of incidents that are classed as natural disasters under Swiss law.
9.2.2 What is not covered by the insurance?
9.2.2.1 The following events are not covered by the insurance:
9.2.2.1.1 Negligence on the part of you or the authorised driver;
9.2.2.1.2 Damage caused by an explosion or a fire in (or on) the vehicle because you have been using the vehicle to transport dangerous goods;
9.2.2.1.3 Damage caused by a parking barrier or a collision with another tall object;
9.2.2.1.4 Complete or partial theft of the vehicle or damage caused by vandalism while the vehicle was parked unsupervised;
9.2.2.1.5 Damage caused by your negligence or that of your passengers;
9.2.2.1.6 Loss, theft or damage of the vehicle key;
9.2.2.1.7 Loss or damage of property that was being transported in or on the vehicle during the rental period.
9.2.3 What do you have to do benefit from the coverage?
You must
9.2.3.1 comply with these Rental Terms and Conditions and all other applicable traffic regulations at all times if you are driving the vehicle;
9.2.3.2 inform us within 24 hours of the date on which the incident occurred and in any event prior to the end of your rental period. You must also send us a fully completed accident report and/or any other documents that could be useful.
9.2.4 How much is the excess?
Provided that you have complied with the Rental Terms and Conditions and the applicable road traffic regulations and/or personal driving licence restrictions, the maximum amount that you will have to pay us is the excess plus the administration fee.
9.3 Passenger insurance
The driver and the passengers are covered by the passenger insurance in the event of an accident, disability or death.
10. Costs for the Europcr on Demand Carsharing Service
Registration for the use of the Europcar on Demand Carsharing Service is free. We charge fees on the basis of the hours and kilometres driven. If you decide that you want to sign up for a subscription after your rental period, you will also be charged a regular subscription fee.
In all events, you are obliged to pay the amounts listed below and explained in further detail in the fee list.
11. Payment
11.1 Payment of the subscription
The payment must be made directly via your credit card.
11.2 Payment of the rental amount
If you are a private individual: the amounts due for your vehicle rental are charged directly to the credit card registered in your Europcar on Demand account.
If you are a business: the payment is subject to a separate agreement between us.
11.3 Miscellaneous
If you owe us money at the end of the rental period for a vehicle and you are a private individual, the amounts due will be charged to the credit card registered in your Europcar on Demand account.
All additional amounts that are due in respect of fines, penalties and costs for Europcar on Demand will be charged separately.
11.4 Invoicing
11.4.1 We issue an invoice at the end of the rental period.
11.4.2 You are obliged to inform us of any changes to your credit card as soon as possible. You are also obliged to do the following: contact Customer Service at least seven (7) days before the expiry of your card in order to provide us with the requisite information (see Clause 16).
11.4.3 Should you not fulfil this obligation, we reserve the right to suspend access to the Europcar on Demand Carsharing Service until this situation has been resolved. In connection with this, the subscription amount due will not be reduced.
12. Termination of the subscription
12.1 Termination in the event of non-compliance with a contractual obligation
12.1.1 Each party can terminate the subscription by setting the delinquent party a deadline of fifteen (15) days to rectify the situation or it will be in breach of its contractual obligations as set out by these Rental Terms and Conditions and/or the separate contract, provided that the delinquent party is a legal entity.
12.1.2 If the obligation is not rectified before the expiry of the specified deadline, the subscription will expire.
12.2 Termination in the event of significant breaches
Each party may terminate the subscription in writing (with confirmation of receipt) immediately if it is no longer possible to continue the contractual relationship.
12.3 Termination
You may terminate your subscription at any time. A partial reimbursement of the fees paid in connection with the subscription is not possible. All fees to which we are entitled must be paid immediately. To terminate the subscription, simply change the price model in your profile.
13. Liability
13.1 There are no terms or conditions contained in these Subscription and Rental Terms and Conditions that diminish or exclude the liability of Europcar on Demand in the event of death or physical injury.
13.2 Subject to the foregoing Clause 13.1, we assume no liability, whether under a contract, in tort (including negligence), in breach of legal obligations or otherwise for revenue or trading losses, commercial disruptions, commercial damage, a loss of customers or brand image (directly or indirectly) or for indirect, financial or consequential damage that arises from or in connection with your use, non-use or the non-availability of the Euopcar on Demand Carsharing Service.
14. Data protection
14.1 Personal data is used and processed for the purposes of contract execution and customer service. Further information is available at www.ondemand.europcar.ch
14.2 Data is processed in accordance with the applicable data protection regulations. Further information can be found in our Privacy Policy, which is available on our website.
14.3 For vehicle maintenance and protection, electronic devices (geolocation devices) are used to monitor the condition, performance and operation of a vehicle and/or to track the movements of a vehicle. This information can be used during and after the rental period. By accepting these Rental Terms and Conditions, you explicitly confirm that you consent to the use of such electronic devices.
15. Legal matters
15.1 Europcar on Demand is entitled to assign the rights and obligations from the Rental Terms and Conditions to another company.
15.2 These Rental Terms and Conditions define our entire agreement in respect of the Europcar on Demand Carsharing Service and replace and cancel all previous arrangements and agreements between each of the parties and all previous declarations by either of the parties.
15.3 Each clause in these Rental Terms and Conditions that is to be declared invalid is deemed to be void without invalidating the other provisions of the contract or compromising the validity of the subscription and the Rental Terms and Conditions.
15.4 The Commercial Court of Zurich is the place of jurisdiction for all disputes arising from this contract. However, AMAG Services AG reserves the right to take legal action in the place where the registered office of the defending contracting party is located. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.
16. Customer Service
Our Customer Service can be reached at +41 44 804 90 33 or ondemand@europcar.ch.
