General Terms and Conditions for Vehicle Rental allride app

Version valid from 21 January 2026

1.         Foreword

Users can use the allride app (hereinafter referred to as 'app') operated by AMAG Corporate Services AG, Alte Steinhauserstrasse 12, 6330 Cham, Switzerland (hereinafter referred to as 'we', 'us' or 'AMAG') to book, collect and return the cars, e-cargo bikes, e-bikes, bikes and/or s-pedelecs (hereinafter collectively referred to as 'vehicles' or each individually as 'vehicle') offered.

These General Terms and Conditions for Vehicle Rental (hereinafter referred to as 'Rental Terms and Conditions') apply to bookings and use of vehicles in the allride app. The vehicles are provided by a company appointed by AMAG (hereinafter referred to as 'mobility partner') as the renting company, and in the event of a vehicle booking confirmed by us (cf. section 3.3.2), a rental contract is concluded between the mobility partner and the user in accordance with these Rental Terms and Conditions and the Swiss Code of Obligations.

These Rental Terms and Conditions apply in addition to the allride app General Terms and Conditions and the legal notices in the app, as well as the General Terms and Conditions for the mobility partner’s offering. These Rental Terms and Conditions may be amended at any time (cf. section 14.4). The version of these Rental Terms and Conditions in force at the time of vehicle use applies. Any terms and conditions of the users or third parties that conflict with or deviate from these Rental Terms and Conditions shall not be recognised. The vehicles offered for rental in the app shall be vehicles that are specifically available. There may be discrepancies between the vehicle photo and the description of the vehicle in the app and the actual condition of the vehicle. The vehicle photo and the description of the vehicle in the app are therefore non-binding and are for illustration purposes only. The information about the actual equipment and charging status of the vehicles provided in the app is as up-to-date and accurate as possible. However, the actual equipment and the actual charging status may differ from the information in the app, which is why these details are without guarantee and the user does not have any claims whatsoever for such discrepancies.

 

2.         Definitions

Unless already defined elsewhere in these Rental Terms and Conditions, the following terms shall have the meanings indicated below in these Rental Terms and Conditions.

  • Customer support: 24-hour customer service for users of the allride service (section 11).
  • Vehicle documents: All documents present in the vehicle.
  • Unless already defined elsewhere in these Rental Terms and Conditions, the following terms shall have the meanings indicated below in these Rental Terms and Conditions.
    • Customer support: 24-hour customer service for users of the allride service (section 11).
    • Vehicle documents: All documents present in the vehicle.
  • Catalogue of fees: The current version of the catalogue of fees (Annex 2) for these Rental Terms and Conditions.
  • Rental period: The period booked and confirmed by the user or, if longer, the period between the start of the rental period and the actual return of the vehicle 
  • Mobility partner: A company appointed by AMAG that provides the vehicles and, in the event of a confirmed vehicle booking, is the rental contract partner for the user. A list of mobility partners can be found in Annex 1. 
  • Roadside assistance service: AMAG’s partner company that provides assistance services in the event of a breakdown or accident.
  • list of repair costs: The current version of the list of repair costs (Annex 3) for these Rental Terms and Conditions.
  • Excess: The maximum amount that is borne by the user in the event of a claim. The excess is CHF 2,500. This assumes that the damage was not caused by gross negligence or wilful intent and that the applicable legal norms and these Rental Terms and Conditions have been complied with. Further fees may be charged in accordance with the currently valid catalogue of fees. 
  • Location: The reserved parking space for the vehicle.
  • User: A natural person who uses services in the app, books vehicles and uses them themselves via a registered and validated account. The use of the vehicles by third parties who do not have a registered account and are not expressly registered as users is prohibited.
  • Accessories: All items that can be provided with the vehicle, such as keys, car-sharing terminal, fuel or charging cards and, if applicable, a charging cable. 

3.      Renting a Vehicle

3.1        Terms and conditions for renting vehicles

3.1.1.     A user of a vehicle must meet the following conditions. A user must (cumulatively): 

3.1.2.    be a natural person with legal capacity of at least 18 years of age;

3.1.3     be permanently resident in Switzerland or abroad;

3.1.4.    have a driving licence valid in Switzerland for the use of cars and s-pedelecs (excluded from this is the use of bicycles that do not require a permit in Switzerland); provisional driving licences are not accepted;

3.1.5.    have opened an account in the allride app that has been authorised by AMAG; 

3.1.6.    be able to drive the vehicle safely in accordance with the applicable traffic and regulatory provisions; have experience or at least basic knowledge of driving the vehicle concerned; and be familiar with the operation and safe             use of the vehicle concerned.

3.2.    Restrictions for residents with foreign driving licences

3.2.1.    Persons resident in Switzerland and in possession of a foreign driving licence may only rent vehicles if they have been resident in Switzerland for less than 12 months. AMAG may require the presentation of other documents,             in particular a residence permit, for verification purposes. Persons residing outside Switzerland may only use and drive the vehicle in Switzerland; trips abroad are prohibited.

3.3.    Booking a vehicle and conclusion of the rental contract

3.3.1.    A user can book a vehicle via the app by selecting the desired period for the desired vehicle at the desired location and submitting a booking request if the vehicle is available.

3.3.2.   The rental contract for the vehicle comes into effect if and when the user receives confirmation of the booking via the app. In addition, a confirmation will be sent to the email address stored in the account after each booking.

3.3.3.    The maximum uninterrupted rental period for the same vehicle is limited to 28 days. Changes or cancellations of vehicle rental

3.4.     Changes or cancellations of vehicle rental

3.4.1.    Users can request changes to bookings and cancellations directly in the app. Booking changes and cancellations are confirmed to the user by email to their email address. Any fees associated with a booking or cancellation are             displayed in the app. Cancellation is possible via the app up to the start of the rental period. 

3.4.2    If there is a subsequent booking for the booked vehicle, an extension is not possible. Users must contact Customer Support immediately if a rental cannot be ended on time. In the event of non-compliance, fees will be                    charged in accordance with the catalogue of fees.

3.4.3.    Cancellation fees may also apply if a user deletes the app and/or account, thereby automatically cancelling future bookings. 

3.4.4.    AMAG or a mobility partner reserve the right to cancel a booking at any time without stating a reason if contractual obligations have been breached or, in general, if the booking appears unusual, risky or suspicious, or if the              booked vehicle is unavailable.

3.4.5.    AMAG or a mobility partner reserve the right to change or cancel a booking at any time if a selected vehicle is not available at the time booked. Claims for compensation by the users are excluded in this case.  

3.4.6.    Any additional fees are listed in the catalogue of fees. 

4.      COLLECTION AND USE OF THE VEHICLE

4.1.    Collecting, opening and locking the vehicle

4.1.1.    As soon as the booking has been confirmed, the user may collect the vehicle from the agreed location on the date and time booked ('start of the rental period').

4.1.2.    Shortly before the start of the rental period, a digital key will be activated in the booking confirmation on the app. As soon as a user is in the immediate vicinity of the vehicle during the rental period, the vehicle can be             unlocked in the app. This process requires an activated Bluetooth function and the necessary permissions in the smartphone settings.

4.1.3.    During the rental period, the vehicle must be locked using the open and close function in the app. If a physical key is present in the vehicle, it must be used for opening and closing the vehicle during the booking.

4.1.4.    Before driving electric vehicles, the charging cables must be unplugged and stowed correctly. Charging cables provided with the vehicle must be stowed in a designated or suitable place (e.g. in the boot of a car), in or on the             vehicle. 

4.1.5.    AMAG or a mobility partner are not liable for stolen or lost items belonging to users and other passengers.

4.2.    Condition report upon collection of the vehicle  

4.2.1.    A vehicle condition report is displayed in the app from the start of the rental period. 

4.2.2.    Immediately before or at the start of the rental period or the first use of the vehicle after the start of the rental period, a visual inspection of the vehicle must be carried out, including the following checks: 

4.2.2.1.    The vehicle is handed over to the user in a well-maintained, roadworthy and technically sound condition. Normal signs of wear and tear that do not impair functionality or safety may be present. A complete absence of                 damage or freshly cleaned interior and exterior cleaning cannot be guaranteed. If the vehicle is in a defective condition at the start of the rental period, this must be documented with a photo and reported to Customer                 Support (support@allride.swiss). Otherwise, the condition of the vehicle shall be deemed clean and in proper working order. 

4.2.2.2.    The condition of the vehicle corresponds to the condition report. If the vehicle has any damage that is not listed in the report, the user must report this via the app immediately at the start of the rental period. Damage that                 occurs during the rental period must likewise be reported directly via the app before returning the vehicle. If it is not possible to report the damage via the app, the damage, including a description and photos, must be                 reported immediately by email (support@allride.swiss); if damage is not reported, the vehicle shall be deemed to have been received in the condition described in the condition report. 

4.2.3.    If a user does not report any defects or damage not listed in the vehicle condition report immediately at the start of the rental period, the vehicle shall be deemed to have been received as described in the condition report. If              the user fails to report new, undocumented damage before starting to drive the vehicle, they are liable for any damage and defects discovered afterwards up to the amount of the excess unless the user can prove that the             damage already existed before the start of the rental. Any further liability shall remain reserved in cases of gross negligence or wilful misconduct, as well as for breaches of legal norms or these Rental Terms and Conditions. 

4.2.4.    Damage that occurs during the rental period must be recorded in the app immediately by the user. 

4.3.        Use of the vehicle  

4.3.1.    The user is obliged to use the vehicle responsibly and to take all necessary and appropriate measures to keep the vehicle in good condition.  

4.3.2.    The user must keep the vehicle in a safe and roadworthy condition throughout the entire rental period. This includes ensuring that the vehicle has enough fuel or charge at all times. If a user suffers a vehicle breakdown due                to a lack of fuel or charge (empty tank or empty battery), they must inform Customer Support immediately and are liable for all costs associated with towing or recovering the vehicle and restoring it to an operational                            condition, as well as for all damage to the vehicle. 

4.3.3.    Users agree to use and care for the vehicle responsibly during the rental period, to keep it locked and to park it in a safe location. 

4.4.      Maintenance of the vehicle  

4.4.1.     Ongoing vehicle maintenance shall be performed by AMAG, the mobility partner or an authorised third-party partner, independently of any vehicle rental agreements.  

4.4.2.    If a problem arises with the vehicle that makes it impossible to continue using it (e.g. unusual noises, warnings on the dashboard, flat tyres or similar), the user undertakes to contact the roadside assistance service and             Customer Support immediately (see section 11) to discuss how to proceed.

4.5.    Prohibitions 

It is strictly forbidden: 

4.5.1.    o smoke in the vehicle (cigarettes, vapes, e-cigarettes, etc.);  

4.5.2.    to use the vehicle for transporting animals, with the exception of assistance animals for disabled persons;  

4.5.3.    to leave the vehicle in a soiled state (rubbish in the vehicle, soiled seats, mud on the bodywork, etc.);  

4.5.4.    to affix advertising or stickers to the vehicle without AMAG’s prior written consent;  

4.5.5.    to drive the vehicle outside Switzerland and its immediate neighbouring countries for more than seven (7) days. If the user is resident outside Switzerland, the vehicle may not be driven in their country of residence under any             circumstances. Any vignettes for trips abroad must be removed after the booking. 

4.5.6.    If these provisions are not complied with, a fee will be charged in accordance with the catalogue of fees and AMAG may demand compensation from the user for any damage and soiling.  

4.6.    Unauthorised use  

The vehicle must be used as intended and, in particular, may not be used:  

4.6.1.    if it is overloaded (e.g. more passengers than permitted or load that exceeds the vehicle’s maximum payload);  

4.6.2.    to pull or push other vehicles or trailers; 

4.6.3.    for the carriage of hazardous, combustible or explosive goods or products;  

4.6.4.    off-road;  

4.6.5.    for the carriage of goods or persons for remuneration or for a pecuniary benefit; 

4.6.6.    for any public passenger transport service;  

4.6.7.    to give driving lessons;  

4.6.8.    for learning to drive (incl. driving tests); 

4.6.9.    to take part in a car race, rally or any other sporting event;  

4.6.10.    for subleasing, either for money or free of charge;  

4.6.11.    for unlawful purposes or for the purpose of committing a criminal offence. 

4.6.12.    Any risky, careless or negligent use of the vehicle is prohibited.  

4.6.13.    The vehicle may only be driven by the user who booked or rented it.  

4.6.14.    Users who can only drive vehicles with an automatic transmission may not under any circumstances drive a vehicle with a manual transmission.  

4.6.15.    The user must not drive the vehicle if overly tired or under the influence of alcohol, drugs or medication that impairs concentration or any other legal or illegal substances that alter the user’s abilities to such an extent that                 the user is no longer able to control the vehicle properly or which impairs their ability to drive. 

4.6.16.    If there are children under the age of 12 in the vehicle, the user undertakes to take boosters, child seats and any other necessary child protection measures with them in accordance with the applicable regulations and to                 install, use and remove these properly in accordance with the manufacturer’s instructions at the end of the rental period.  

4.7.        Consequences of breaches of duty 

4.7.1.    Users are responsible for the use of the vehicle by themselves and any third parties (e.g. vehicle occupants) in accordance with these Rental Terms and Conditions and the applicable legislation. Any failure by the user to             comply with these Rental Terms and Conditions and/or applicable law may, amongst other things, cause the insurance and protection provisions (see sections 6 and 7) to be affected and/or rendered invalid and the user will             be responsible and liable for any costs, adverse consequences, losses and/or damage that may arise as a result. Failure to comply with these Rental Terms and Conditions and/or applicable legal provisions may also result in             criminal penalties. The right is also reserved 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. In addition,             any user who fails to comply with these provisions will be charged corresponding fees in accordance with the catalogue of fees. 

4.8.    Accident or technical breakdown of the vehicle 

4.8.1    Technical fault  

4.8.1.1.    If a warning light appears on the dashboard or display or if the vehicle exhibits any other malfunction, technical fault or error (hereinafter 'defect') during the rental period, Customer Support must be informed immediately.   

4.8.1.2.    If the vehicle has a defect or is involved in an accident during the rental period, the roadside assistance service will try to make the vehicle roadworthy again.  

4.8.1.3.    If the vehicle cannot be repaired and/or no other vehicle is available, the user will be reimbursed pro rata for the portion of the rental period that was not used. 

4.8.1.4.    The return transport of all occupants back to the location is subject to prior consultation with Customer Support. Any costs will only be reimbursed if there has been prior consultation with Customer Support. 

4.8.1.5.    Any further claims for compensation or reimbursement of expenses by users are excluded unless there is gross negligence on the part of AMAG or the mobility partner.  

4.8.1.6.    Users are not permitted to repair the vehicle independently or place a repair order.  In the event of non-compliance, the user shall be responsible for all costs incurred and shall also reimburse the costs of restoring the                 vehicle to its proper condition. 

4.8.2.    Accident or incident 

4.8.2.1.    If the vehicle is involved in an accident/incident, the user must follow the provisions outlined in section 4.8.1.6, in particular the steps in section 4.8.2.3, and immediately call Customer Support (tel. +41 41 539 13 90). If these                 instructions are disregarded and/or the journey is continued nevertheless, the user will be liable for any loss and/or damage to the vehicle or to any third party arising from the use of the vehicle, as well as for any applicable                 charges for damage or loss and for the fees specified in the catalogue of fees. In the event of an accident, users of electric vehicles are obliged to inform the emergency services that it is an electric vehicle. Under no                 circumstances may the vehicle be towed conventionally! 

4.8.2.2.    If the accident or incident was caused by negligence, wilful misuse or breach of these Rental Terms and Conditions by the user and/or unauthorised drivers and/or our collision protection is inapplicable or becomes invalid                 due to an act or omission (see the insurance and protection provisions in section 7 for more information about when our collision protection applies and when it becomes invalid), then we reserve the right to charge the                 user the full cost of recovery. The user will be obliged to pay the costs referred to in sections Fehler! Verweisquelle konnte nicht gefunden werden. and 6.  

4.8.2.3.    If the user has an accident/incident during the rental period, they must:  

4.8.2.3.1.    pay the corresponding fees in accordance with the catalogue of fees;  

4.8.2.3.2.    refrain from hastily admitting or assuming any responsibility to third parties;  

4.8.2.3.3.    obtain the names, addresses and telephone numbers of all parties involved, including witnesses, and provide them to us;  

4.8.2.3.4.    secure the vehicle and notify the police immediately if someone is injured, the road is blocked or if objects are damaged;  

4.8.2.3.5.    inform Customer Support and the roadside assistance service (see section 11) about the accident or incident immediately by phone.  

4.8.2.3.6.    In the case of cars, the accident report that can be found in the glove compartment must be completed and returned to us.  

4.8.2.4.    The user shall make every effort to provide us with full information about all third parties and third-party vehicles involved in the accident/incident involving our vehicle; otherwise, the insurance cover may be invalidated.  

4.8.2.5.    At our request, every user must do everything that is reasonably and lawfully requested of them and authorise AMAG to disclose their personal data in order to assert rights or legal actions against persons in connection                 with the vehicle.

4.9.    Liability and insurance 

4.9.1.    In the event of a breach of the obligations under section 4.8, the insurance coverage shall lapse and any limitation of liability to the excess shall cease to apply. In this case, the user shall be liable for all damages, costs and fees             in accordance with the catalogue of fees, including repair costs and a fee for loss of use during the period of vehicle downtime, calculated on the basis of the daily rental price and an administrative fee.  

4.9.2.    On request, the user agrees to cooperate in clarifying the facts of the case and to support the enforcement of claims against third parties. 

4.10.    Compliance with traffic regulations  

4.10.1    During the rental period, users (and all other drivers) must comply with all driving licence regulations as well as all road traffic regulations and applicable regulations in the country in which the vehicle is driven. Users must             inform themselves at their own expense about the traffic and other regulations applicable in the respective country, ensure compliance with them and purchase any equipment or items required outside Switzerland (e.g.             alcohol tester, vignettes). 

4.10.2.    In this context, users are liable for all violations and are obliged to pay all amounts due for any breach or violation of the applicable road traffic regulations as well as a fee in accordance with the catalogue of fees.  

4.10.3    During the rental period, users are responsible for all costs incurred and must pay them themselves, in particular:  

4.10.3.1.      all parking fees, foreign charges such as motorway vignettes, environmental badges, tolls and road traffic charges, etc. and/or  

4.10.3.2.    parking fines, speeding fines, fines for non-compliance with traffic regulations, towing costs for illegal parking, etc. charged by a competent authority or organisation.

4.10.3.3.    Additional fees in connection with such violations will be charged by us in accordance with the catalogue of fees. 

4.10.4.    Users acknowledge and agree that AMAG is entitled to disclose the name and any other personal data of the user to the competent authorities at any time in the event of offences, claims and legal violations. AMAG shall also                 be entitled to demand from the user any fines that have been paid as a result of the user’s conduct, including all further costs incurred and fees in accordance with the catalogue of fees. 

4.11.    Vehicle range and power supply 

4.11.1.    Electric vehicles  

4.11.1.1.    In the case of electric vehicles, the user is obliged to charge the vehicle properly whenever necessary during the rental period using the supplied charging cable or a charging cable permanently installed at a charging station                 and compatible with the vehicle.  

4.11.1.2.    The charging card may only be used to obtain power for the rented vehicle. Any misuse (e.g. for other vehicles) will be charged to the user in full, plus a fee in accordance with the catalogue of fees. If the vehicle breaks                 down due to insufficient charge, the user is fully liable for all resulting costs provided there is no technical defect or neglect on the part of AMAG or the mobility partner. 

4.11.1.3.    The user will be charged for the loss of or damage to the charging cable in accordance with the catalogue of fees. 

4.11.1.4.    Information on liability: Damage or costs resulting from incorrect handling – such as the use of incompatible chargers, unsuitable power sources or improper use of the charging cable – are not covered by the collision                 protection. The excess does not apply in these cases. In addition, a processing fee will be charged for processing by Customer Service. Additional fees may also be incurred in connection with charging (parking fee, station                 occupancy fee, fair use fee, penalty fee), which shall be paid by the user. 

4.11.2.    Internal combustion engine vehicles (petrol/diesel) 

4.11.2.1.    A fuel card from a partner company is available in the glove compartment for refuelling.

4.11.2.2.    If a user refuels the vehicle using their own means of payment, the amount can be refunded upon presentation of the original receipt. 

4.11.2.3.    The fuel card may only be used for purchasing fuel for the rented vehicle. Any misuse (e.g. for other goods or other vehicles) will be charged to the user in full, plus a fee in accordance with the catalogue of fees. 

4.11.2.4.    If the vehicle is refuelled with an unsuitable fuel, the user is fully liable for all resulting damage and subsequent costs. Customer Service must be informed immediately as soon as the error is detected, regardless of whether                 the vehicle has already been driven. The vehicle must be safely parked immediately and may no longer be used or started. The user will be charged the repair costs as well as a processing fee in accordance with the                 catalogue of fees.  

4.11.2.5.   Information on liability: Damage caused by incorrect refuelling is considered improper use and is not covered by the collision protection. The excess does not apply in this case.

4.12.    Technical malfunctions in the app 

4.12.1.    The vehicles are offered via the allride app. Users are responsible for meeting the technical and other requirements and prerequisites that enable use of the app (see also the allride app General Terms and Conditions). 

4.12.2.    In the event of technical malfunctions in the app and/or its functions, users must contact Customer Support (cf. section 11). 

4.12.3.    Users expressly waive the right to assert claims for damages, lost profits or other contractual or non-contractual claims against AMAG due to partial or total temporary or permanent interruptions in the operation of the app,                 malfunctions, defects or errors. Users expressly waive their right to assert claims for damages, lost profits or other contractual or non-contractual claims against AMAG due to partial or total temporary or permanent                 interruptions in the operation of the app, malfunctions, defects or errors (including misrepresentations) in the app and the temporary or permanent suspension of operation of the AMAG Sharing Service and/or the app and                 any associated loss of data (incl. misrepresentations) in the app and the temporary or permanent suspension of operation of allride and/or the app and any associated loss of data.  

4.13.    Vehicle monitoring 

4.13.1.    The vehicles are equipped with electronic systems that record certain information during the rental period to ensure compliance with the rental agreement. In particular, this includes location data (GPS), technical vehicle                 conditions (e.g. speed, battery level, door status) and events such as vibrations or smoke. 

4.13.2.    The data recorded includes time and location information and is used to analyse damage, detect misuse and check violations of the Rental Terms and Conditions. The data is used during and after the use of the vehicle on an                 event-related basis. 

4.13.3.    In the event of damage or breach of contract, the vehicle data recorded during the rental period (e.g. location, driving behaviour, sensor values) can be used to clarify the matter. The event-specific analysis is conducted in                compliance with applicable data protection regulations and is used exclusively for contract enforcement and quality assurance. 

5.    RETURN OF THE VEHICLE

5.1.   The vehicle must be returned to the agreed location on the agreed day, at the agreed time, in the condition in which it was provided to the user at the start of the rental period. If the vehicle is not returned to the agreed location         as agreed, AMAG may, following one unsuccessful reminder, have the vehicle collected at the user’s expense. following one unsuccessful reminder, have the vehicle collected at the user’s expense. This does not require a judicial         order or a bailing. AMAG and authorised third parties are entitled to enter the plot order or a bailing. 

5.2.   The costs for return transport can be found in the catalogue of fees. 

5.3.    Fuel-powered vehicles must be returned with a minimum of 50% fuel remaining in the tank. Section Fehler! Verweisquelle konnte nicht gefunden werden. also applies.

5.4.    must be activated using the charging card present in the vehicle. To do this, the user holds the card to the charging station and waits for confirmation that the charging process has started.

5.5.    E-bikes, e-cargo bikes and s-pedelecs must be connected using the charging cable available at the location.

5.6.    Before or at the end of the rental period, the user must ensure that all personal belongings have been removed, all doors and locks are locked and all windows are closed. 

5.7.    The rental period ends when:  

5.7.1.    the vehicle has been parked and locked at the agreed location; and  

5.7.2.    charging of the vehicle has been correctly activated (only for electric vehicles); and 

5.7.3.    any damage incurred during the rental period has been reported in the app; and 

5.7.4.    the vehicle key has been deposited correctly in the car-sharing terminal (if available); and

5.7.5.    the rental has been ended in the app (internet connection required).  

5.8.    Upon return, the vehicle must be checked for new damage. If new damage is identified, it must be reported in the app. All damage, including damage for which the user does not consider themselves responsible, must be             reported.

5.9.     If a vehicle is returned in a heavily soiled condition, the cleaning costs can be billed in accordance with the applicable catalogue of fees.  

5.10.    If documents and accessories (e.g. charging cables and cards, windscreen scrapers, breakdown triangle, etc.) are missing at the end of the rental period, these can be billed in accordance with the catalogue of fees. 

5.11.    If the vehicle key is lost, stolen or damaged, the user is obliged to notify Customer Support immediately. The user is billed for the costs of replacement, processing and any subsequent costs (e.g. immobilisation of the vehicle,             safety risks) in accordance with the catalogue of fees and the list of repair costs. 

5.12.    If the electric vehicle is not connected to the charging station and charging is not activated, the fees specified in the catalogue of fees will be charged.  

5.13.    If a fuel-powered vehicle is returned with insufficient fuel in the tank (at least 50%), the fees specified in the catalogue of fees will be charged.  

5.14.    If the agreed rental period is exceeded without an extension being registered in the system, the additional costs will be charged in accordance with the catalogue of fees. 

5.15.    If the damages caused by the delay exceed the flat fee – in particular if AMAG or the mobility partner has to pay compensation to a subsequent customer – the user will be charged for the actual damages. The liability covers             all subsequent costs incurred as a result of the delayed return. If the damages caused by this default are greater than the penalty fee (e.g. loss of revenue due to subsequent booking that cannot be honoured), the full cost of             the damages can be billed. 

6.    DAMAGE TO THE VEHICLE

6.1.    When returning the vehicle (see section 5), the user shall ensure that all accessories and vehicle documents are present in the vehicle and that the vehicle is returned in a condition equivalent to that at the time of collection. In         particular, this includes the return of vehicle keys, fuel card, accessories and vehicle documents in the vehicle. In the case of commercial vehicles in particular, the load compartment must be left empty and free of packaging         materials. In the event of non-compliance, a fee will be charged in accordance with the catalogue of fees for the disposal of left-behind items. 

6.2.    If the obligation specified in section 6.1 is not fulfilled in any way, we shall be entitled:

6.2.1.    to professionally repair the vehicle and replace accessories in order to restore it to its original condition; and

6.2.2.    to charge a fee in accordance with the catalogue of fees, regardless of whether the damage was caused by the user or by a third party (including a third party with whom the user had an accident).

6.2.3.    If the damage is covered by our insurance package in accordance with section 7 of these Rental Terms and Conditions (vehicle insurance), then the amount to be paid will be reduced to the agreed excess.

6.2.4.    The costs will be waived if the damage was our fault or caused by our negligence; or  

6.2.5.    if we have received payment from a liable third party, as described in section 6.2.1.  

6.2.6.    If the user has paid the fee in accordance with section 6.2.2 and  

6.2.7.    a third party admits or is subsequently found by a competent court to be liable for some or all of the damage; and  

6.2.8.    if we have claimed amounts from the third party or the third-party insurer, we will check whether we have claimed more than our total loss and, if necessary, issue a refund.  

6.2.9.    If damage is discovered after the vehicle has been returned and the user is absent, e.g. during a routine inspection, during the cleaning of the vehicle or by the subsequent user, we will send the following documents to the             user by e-mail:  

6.2.9.1.        details of the loss or damage ascertained;  

6.2.9.2.        pictures of the damage (if available); and  

6.2.9.3.        an invoice for the corresponding costs and fees. 

6.3        Querying the damage amounts:  

6.3.1.    Users have ten (10) calendar days from the date on which the email was sent to contest their liability for the damage ascertained and/or the fees charged by us. If no objection is made within this period, the amounts will be             deemed accepted and we will charge the fees and/or charge the credit card provided to us at the time of booking:  

6.3.1.1.    either the costs referred to in section

6.3.1.2.    the excess, whichever is lower. 

6.4.    Type and classification of damage 

6.4.1.    Minor damage 

6.4.1.1.    A distinction is made between minor and serious damage. Minor damage is defined as lighter damage to the vehicle (or loss, theft or damage to accessories, fuel/charging card or documentation in the vehicle).  

6.4.1.2.    For minor damage that the vehicle suffers during the rental period, the following costs are charged: 

6.4.1.2.1.    flat-rate compensation in accordance with the list of repair costs; 

6.4.12.2.    a processing fee in accordance with the catalogue of fees. 

6.4.2.    Substantial damage

6.4.2.1.    Anything that is not listed under minor damage is considered substantial damage.  

6.4.2.2.    If the vehicle suffers substantial damage during the rental period, users undertake: 

6.4.2.2.1.    to pay repair or rectification costs in accordance with the cost estimate or expert report;

6.4.2.2.2.    a loss-of-use fee for the loss of revenue during the repair of the vehicle, calculated on the basis of the daily rental price; and  a loss-of-use fee for the loss of revenue during the repair of the vehicle, calculated on the 

6.4.2.2.3.    any damages and costs in excess of those listed. 

6.4.3.    Damage beyond economical repair 

6.4.3.1.    If the damage to the vehicle is deemed to be so substantial that repair is no longer advisable, it is considered a total loss. In the event of a total loss, we will charge the value of the vehicle before the accident and any                 transport costs for the vehicle, less the amounts we go on to receive for the damaged vehicle;  

6.4.3.2.    We will also charge: 

6.4.3.2.1.    a fee for the loss of use of the vehicle that can no longer be used; this is calculated based on the daily rental price, adjusted based on the estimated percentage utilisation of our fleet, which is calculated quarterly;  

6.4.3.2.2.    a fee listed in the catalogue of fees. 

6.4.4.    Damage to third parties 

6.4.4.1.    In accordance with the Swiss Road Traffic Act (RTA), legally required third-party liability insurance exists for all vehicles which covers personal injury and property damage to third parties. If the rented vehicle is not insured                 by the provider during the rental period (e.g. e-bikes), users are responsible for the costs of any damage they cause to another party, to their property, to their vehicle and for any uninsured losses that otherwise occur                 during the rental period. 

7.    VEHICLE INSURANCE

7.1.    The vehicles and s-pedelecs are insured in accordance with the provisions of the Swiss Road Traffic Act. The provider is responsible for the correct insurance of the vehicles in accordance with section 7. The user is responsible             for insuring bikes, e-bikes and e-cargo bikes.

7.2.    Mandatory third-party liability insurance for vehicles and s-pedelecs

7.2.1.   We are legally obliged to insure our vehicles and s-pedelecs against damage to third parties. We have taken out our liability insurance with the leading insurers in the industry and they are automatically included in the allride             Sharing Service.

7.2.2.    In the case of cars, only the person who created the booking is insured. 

7.2.3.    Users are insured 

7.2.3.1.    Users are insured against the financial consequences of an event with a third party that occurs during the rental period, namely: 

7.2.3.1.1.    personal injury or death of a third party; and 

7.2.3.1.2.   damage to property of third parties as well as the losses and costs resulting from the damage. 

7.2.4.    What is excluded from the liability insurance cover? 

7.2.4.1.   Personal injury or death suffered by users and other passengers in a collision; 

72.4.2.   damage to or loss of property carried in or on the vehicle; or 

7.2.4.3.    any damage caused to the vehicle. 

7.3.          Excess for damage covered by liability insurance 

7.3.1.              The maximum excess for cars is CHF 2,500. Unless the user has committed a violation of applicable laws, the user is covered for the financial costs incurred by third parties resulting from a collision the user has caused.

7.3.2.              If no legal provisions are violated during the rental period, cover is provided for the financial consequences incurred by third parties. If the user violates applicable law, the insurer may, notwithstanding any payment                         made to third parties, seek recourse against the user and recover all or part of the costs incurred.

7.3.3.               Users have the option to reduce the standard deductible of CHF 2.500 by making an  additional payment of the amount indicated in the app.

The deductible reduction can be selected directly when booking in the app.

The reduction shall apply only under the following conditions:

  • The rental conditions as well as the applicable legal regulations are fully complied with.
  • There is no gross negligence or intentional behaviour.
  • There are no grounds for exclusion under Article 7 (e.g. incorrect refuelling, improper use, failure to comply with obligations in the event of damage, driving unfit).

The deductible reduction only reduces the deductible in respect of damage to the vehicle covered by the comprehensive insurance cover.

It has no influence on fees, loss of use, third-party or consequential costs in accordance with the fee catalogue.

7.4.                  Obligation to report & notification to allride 

7.4.1.              In the event of an incident involving third parties, users are obliged to fully and correctly complete and sign the accident report so that all relevant information about the incident and the persons involved are included.                         The accident report must be emailed to support@allride.swiss as soon as possible, but no later than 24 hours after the incident.

 

 

7.5.                  Collision damage

7.5.1.              Protection against collision damage limits the financial risk for damage caused to the vehicle while in the user’s care. Protection against collision damage is included in the rental price. If the Rental Terms and Conditions                         and the applicable legal regulations are complied with, damage to the vehicle is covered beyond the excess.

7.5.2.               The insurance cover applies if:

7.5.2.1.          the vehicle collides with a fixed or movable object; or

7.5.2.2.          the vehicle is damaged by vandalism during a journey or rental period or

7.5.2.3.           glass, including headlights and other glass parts, is damaged or broken;

7.5.2.4.           the vehicle is subject to the consequences of events that are classified as natural disasters within the meaning of Swiss law.

 

7.5.3.               The following events are not insured:

7.5.3.1.          in the event of gross negligence or wilful misconduct; or

7.5.3.2.           damage caused by an explosion or fire in (or on) the vehicle because it was used for transporting hazardous goods; or

7.5.3.3.          damage caused by a parking barrier or collision with any other height restrictions; or

7.5.3.4.          total or partial theft of the vehicle or damage caused by vandalism while the vehicle was parked unattended or was not locked; or

7.5.3.5.           damage caused by the negligence of the user or by the negligence of other passengers; or

7.5.3.6.           loss, theft or damage of the vehicle key, or

7.5.3.7.           loss of or damage to property transported in or on the vehicle during the rental period.

 

7.5.4.               What needs to be done to benefit from the protection?

7.5.4.1.           Compliance with these Rental Terms and Conditions and all applicable traffic regulations at all times when the vehicle is rented; and

7.5.4.2.           Customer Support must be informed within 24 hours of the date on which the incident occurred, and in any case before the end of the rental period. A fully completed accident report and/or any other documents that                         may be useful must be emailed to support@allride.swiss

7.6.                  Excess when using cars

7.6.1.              Excess for damage covered by fully comprehensive insurance. Provided that the Rental Terms and Conditions and the applicable road traffic regulations and/or personal driving licence restrictions have been complied                        with, the maximum amount to be paid will be the excess of CHF 2,500 plus the fee specified in the catalogue of fees. 

7.7.                  Passenger insurance

7.7.1.            The driver and passengers of cars are covered by passenger insurance in the event of an accident during the rental period. This includes cover in the event of disability or death in accordance with the insurer’s conditions.

 

8.                 RENTAL PRICE AND FEES 

8.1.                 The user is obliged to pay the rental price due for the rental period and any other fees. The rental price is displayed in the app. The rental price valid at the start of the rental period and the fees in accordance with the                        catalogue of fees valid at the start of the rental period are applicable

8.2.                 We reserve the right to change the prices (rental price and fees) at any time. The user acknowledges and accepts that changes may also be made to the rental price and the fees between the booking and the start of the                         rental period; the rental prices and fees valid at the start of the rental period are applicable.

8.3.                  All mentioned prices, fees, etc. are in CHF and include statutory VAT. If the rate of VAT changes, prices, fees, etc. will be adjusted accordingly. The same rule applies to all other relevant newly introduced or levied public                         fees.

8.4.                  Users undertake to pay the amounts specified below and explained in more detail in the catalogue of fees.

8.5.                 Fees can be found in the catalogue of fees and apply even if not explicitly mentioned in the Rental Terms and Conditions.

 

9.                     BILLING

9.1.                  At the end of the rental period, an invoice is created and then sent electronically. The amounts for vehicle rental (rental price and fees) will be charged to the payment method registered in the user’s account. The fees                          and rental price can also be subsequently charged to the payment method registered in the user’s account (subsequent debit). For bookings made in the name of legal entities (e.g. business trips), the payment terms                         shall apply in accordance with a separate contractual agreement.

9.2.                  The user will receive an invoice for the amounts charged to the payment method registered in the user’s account by email to their email address.

9.3.                 If a debit or subsequent debit of the payment method registered in the user’s account is not successful or not possible, the user will be billed for the outstanding amounts (fees, rental prices, costs, fines, etc.). Invoices                         must be paid within 20 calendar days of the invoice date. The user is obliged to keep their payment information and payment method in their account up-to-date, complete and true at all times. Changes to the stored                         method of payment must only be made via the app. Notifying Customer Support does not replace such an update.

9.4.                  In the event of non-payment, or if a debit or subsequent debit of the payment method registered in the user’s account is not successful or not possible, we reserve the right to block the user’s account until the payment                         method has been updated. In this case, there will be no reduction or refund of amounts already charged. 

 

10.                     EARLY TERMINATION OF CONTRACT

10.1.                 Both parties are entitled to terminate the contract for good cause without notice by email at any time. Any costs incurred will be invoiced.

10.2.                  Good cause includes, in particular:

10.2.1.               payment default of more than 30 days;

10.2.2.               filing for private bankruptcy or insolvency;

10.2.3.               serious violations of traffic regulations and driving in an unfit state;

10.2.4.               revocation of driving licence;

10.2.5.               use of the vehicle in a manner not in accordance with the contract (including use of the vehicle by third parties);

10.2.6.               improper handling of the vehicle;

10.2.7.               removal of hardware for recording telemetric data;

10.2.8.               breach of obligations and multiple breaches of the generally valid 'sharing is caring' principle;

10.2.9.               failure to cooperate in case of damage;

10.2.10.               breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of AMAG.

10.3.                  Examples of breaches of essential contractual provisions by AMAG include in particular:

10.3.1.               prolonged impossibility of vehicle use for technical reasons that cannot be remedied by AMAG within a reasonable period of time. This also includes a total loss of the vehicle stemming from an accident. AMAG                           entitled to provide a replacement vehicle of a value that is at least equivalent to the original vehicle.

10.4.                 In the event of early termination of the contract due to a material breach of contract, the usage fees shall be owed up to the date of effective return of the vehicle. Depending on the reason for terminating the contract,                         the user may be charged additional fees in accordance with the catalogue of fees. The user’s account can be blocked for further bookings or deleted entirely. AMAG has the right to block the user’s new accounts                         immediately.

10.5.                  AMAG also has the right to terminate or cancel an ongoing rental agreement and/or future bookings with immediate effect at any time if AMAG decides to temporarily or permanently discontinue the app or its                            operation or to change its design and functions. Users have no entitlement to damages or other compensation in the event of such a termination. 

 

11.                    CUSTOMER SUPPORT & ROADSIDE ASSISTANCE SERVICE        

11.1.                  Customer Support business hours are from Monday to Friday, 8.00 a.m. to 6.00 p.m. During these times, support is available by email at support@allride.swiss and by phone on +41 41 539 13 90.

11.2.                  For urgent matters, emergencies, damage reports, app malfunctions and other contact obligations set out in the Rental Terms and Conditions,

                            Customer Support is also available outside opening  hours on +41 41 539 1390.

11.3.                  The roadside assistance service for cars can be reached by phone on: +41 58 827 66 00

 

12.                     LIABILITY 

12.1.                  The liability of AMAG or the mobility partner for personal injury, in particular death or bodily injury, shall not be limited or excluded by these Rental Terms and Conditions, to the extent that such liability cannot be                         excluded under applicable law.

12.2.                  Liability shall be governed by the applicable statutory provisions. However, AMAG shall not be liable under any circumstances, irrespective of the legal grounds, for (i) minor or ordinary negligence, (ii) indirect,                             reflexive, third-party and consequential damages, pure financial losses, losses, missed opportunities, business interruptions or unrealised savings, (iii) unrealised savings, (iv) damage resulting from delay and (v) any                             actions or omissions by auxiliary persons.

12.3.                  In all other respects, AMAG shall decline liability in the following cases:

12.3.1.               improper, non-contractual or unlawful storage, adjustment or use of the vehicles;

12.3.2.              use of incompatible spare parts or accessories (e.g. power supply) by the user;

12.3.3.               improper modification or repair of the vehicles by users or third parties;

12.3.4.             force majeure, in particular damage caused by the elements, moisture, falls and impact, etc., for which AMAG is not responsible, and orders from the authorities.

 

13.                     DATA PROTECTION

13.1.                  Purpose of data processing

13.1.1.              Personal data is processed for the purposes of contract execution, customer care and quality assurance. Further information can be found in the Privacy Policy for the allride app here: Privacy Policy

13.2.                  Legal basis

13.2.1.               Data is processed in accordance with the applicable data protection regulations, in particular the Swiss Data Protection Act (FADP). Details on data processing are set out in the Privacy Policy for the allride app.

 

14.                     MISCELLANEOUS

14.1.                  AMAG is entitled to assign the rights and obligations arising from these Rental Terms and Conditions to another company, either individually or collectively, provided that this does not result in any significant                         disadvantages for the user. The user is not entitled to assign the rights and obligations arising from these Rental Terms and Conditions to other companies, either individually or collectively.

14.2.                 These Rental Terms and Conditions constitute the entire agreement between AMAG and the mobility partner and the User with respect to the use of the mobility services provided. Earlier arrangements, agreements                                or declarations are superseded by these Rental Terms and Conditions and become invalid.

14.3.                  AMAG reserves the right to amend these Rental Terms and Conditions at any time and without stating a reason. Any changes and the currently applicable Rental Terms and Conditions may be viewed by the user in the                             app at any time. Users will be notified of any changes to the Rental Terms and Conditions in the app and/or by email. The version of the Rental Terms and Conditions in force at the time of vehicle use applies.

14.4.                  Should a provision of these Rental Terms and Conditions be declared invalid, either in whole or in part, this will not affect the validity of the remaining provisions. Otherwise, the Rental Terms and Conditions shall                             remain in full force and effect.

14.5.                  The vehicle remains the property of AMAG or the corresponding AMAG Group company or the mobility partner for the entire rental period. Rights in rem or a right of retention of the vehicle on the part of the user for                             the purpose of asserting claims against AMAG are excluded. Disposals of the vehicle and its accessories are prohibited (such as sale, pledging or gifting/donation). AMAG is entitled to register a reservation of title                             (with prohibition of change in ownership). The user must keep the vehicle free of third-party rights. The user may not sell, rent or pledge it, or transfer it by way of gift or security.

 

15.                     JURISDICTION AND APPLICABLE LAW

15.1.                 These Rental Terms and Conditions and all contractual relationships between the user and AMAG are subject to Swiss substantive law, excluding conflict of law provisions and international agreements.

15.2.                  The exclusive place of jurisdiction for all disputes arising from or in connection with the Rental Terms and Conditions or the contractual relationship between the user and AMAG is the registered office of AMAG, unless                             mandatory statutory provisions provide for a different place of jurisdiction. However, AMAG is also entitled to take legal action at the registered office or place of residence of the user.

Annex 1 to the Rental Conditions – List of Mobility Partners

 

·         AMAG Automobil und Motoren AG

Alte Steinhauserstrasse 1

CH-6330 Cham

 

 

·         AMAG Services AG

Steinackerstrasse 20

CH-8302 Kloten

 

Telephone: +41 44 804 90 33  
E-Mail: ondemand@europcar.ch

 

 

·         Rent a Bike AG

Steinmatt 1

CH-6130 Willisau