General Terms and Conditions of Business of Linde Hydrogen Concepts GmbH
Version dated: July 2016
1. Subject Matter
- These General Terms and Conditions of Business (GTCs) set out the provisions governing the business relationship between Linde Hydrogen Concepts GmbH, Seitnerstrasse 70, 82049 Pullach, Germany, entered in the commercial register of the Local Court (Amtsgericht) of Munich under HRB 220505 (‘BeeZero’), and individuals who, after registering successfully, want to make use of the rented vehicles made available by BeeZero on the basis of a customer contract (‘Customer’).
- Together with all other documents agreed between BeeZero and the Customer, these GTCs constitute the entire and only agreement between the Parties in respect of the use of the rented vehicle offering by the Customer (‘Customer Contract’).
2. Registration/Customer Contract/Right of Use
- Before making use of the rented vehicles made available by BeeZero, the Customer shall register on the www.beezero.com website or the BeeZero app. BeeZero reserves the right to decline the registration if there is reason to assume that the applicant will not act in accordance with the Contract.
- By concluding the Customer Contract, the Customer shall not acquire any entitlement to conclude the short-term rental based on the conditions set out in the price and fee schedule that is valid at the time of registration. Only the current price and fee schedule that is valid at the time of booking shall apply (can be accessed in the BeeZero app and at www.beezero.com).
- The conclusion of the Customer Contract is subject to the provision that the applicant is a natural person who
- registers successfully,
- is at least 21 years old,
- is in possession of a driving license that is valid in Germany and meets all of the conditions and requirements set out therein and
- has been in possession of this driving license for an uninterrupted period of at least one year.
- BeeZero shall accept the Customer Contract by e-mail.
- BeeZero reserves the right to decline the Customer's registration if there are doubts suggesting that the driving license presented does not entitle the individual to drive the BeeZero vehicle.
BeeZero is entitled to demand presentation of the Customer's current valid driving license at regular intervals, in order to check his/her authorization pursuant to section 2.3.3. Customers can respond to such requests by either presenting their original driving license at one of the BeeZero registration stations listed on the internet or at BeeZero partner stations, or, if available, by way of an online validation process.
The Customer's authorization to use BeeZero vehicles shall lapse if his/her driving license is withdrawn or restricted (e.g. suspended), during the period in which he/she is banned from driving or in which his/her driving license document is temporarily seized or confiscated. If the driving license is restricted, BeeZero reserves the right to withdraw the individual's right to use its vehicles.
3. SCHUFA (credit investigation company) clause
BeeZero reserves the right to transmit data on the conclusion and termination of the Customer Contract, including data relating to the Customer, to SCHUFA GmbH and to obtain information on the Customer from SCHUFA GmbH or another credit investigation company. Irrespective of the above, BeeZero shall also transmit data in connection with non-contractual conduct to SCHUFA GmbH. These notifications may only be submitted, in accordance with the German Federal Data Protection Act (Bundesdatenschutzgesetz) insofar as this is permitted after weighing up the interests of all of the parties involved. The Customer consents to the transmission of his/her data (including the Customer's name, address, date of birth, inquiry details, etc.) to SCHUFA GmbH. BeeZero reserves the right to refuse to accept the Customer on the basis of the Schufa information.
4. Authorization to drive
- The Customer or another user that is registered with BeeZero is authorized to collect and drive the BeeZero vehicles if he/she
- keeps his/her driving license with him/her from the time at which the vehicle is rented until the end of the rental period and meets all of the conditions and requirements set out therein;
- is fit to drive during the trip, i.e. in particular, is not under the influence of alcohol, drugs or medication that could impair his/her ability to drive
- has taken note of the following safety information:
- the applicable road traffic regulations are to be adhered to
- driver and passengers must be wearing seatbelts and any cargo must be secured appropriately
- any distractions to the driver during the trip are to be avoided. These include: Loud music, food and drink, smoking and the use of mobile telephones and other electrical devices
- the use of mobile telephones during the trip - also using a hands-free system - is a considerable distraction and increases the risk of accidents
- during longer trips, breaks should be planned and adhered to
- children and newborns must be transported by the Customer in line with the current statutory requirements
- In exceptional cases, the Customer can allow his/her co-passenger or a third party to drive the vehicle. The term ‘exceptional cases’ refers to a scenario in which the Customer is impaired in his/her ability to drive for health-related reasons, or if the time limits set out in the regulations governing driving times and rest periods are exceeded. In such cases, the Customer is obliged to check the co-passenger's/third party's driver license before handing responsibility for driving the vehicle over and must ensure that the co-passenger/third party meets the criteria set out in section 4.1.
5. Use and Treatment of the Vehicle
Checking the BeeZero vehicle before departure
The Customer is obliged to check the BeeZero vehicle before it is used (before the engine is started) for any damage, defects and soiling. The Customer also has to check the BeeZero vehicle before departure to ensure that it is roadworthy. Any defects and soiling that are identified by the Customer must be reported to the BeeZero Customer Service without delay before the BeeZero vehicle is used (before the engine is started). In cases involving damage that could affect the vehicle's roadworthiness, the Customer must consult the BeeZero Customer Service so that a decision can be made on how to proceed. The Customer is not entitled to commission the towing of, or repairs to, the BeeZero vehicle. If the Customer does not report damages, then the vehicle is deemed to be visually and technically faultless.
- Terms and Conditions of Use
- The Customer must treat the BeeZero vehicle with care. The Customer must protect the vehicle sufficiently against damage and theft when parking it. The vehicle cannot be returned in a dirtier condition than is to be expected based on normal, appropriate use. Any waste is to be disposed of.
- The Customer shall bear all costs in connection with fees charged for the use of certain transport routes (e.g. toll roads).
- The Customer is obliged to ensure that he/she has a functional, charged mobile telephone with him/her to open and close the BeeZero vehicle. The BeeZero vehicle contains chargers for common mobile telephones. If a charger is damaged or is not working, the Customer must inform the BeeZero Customer Service accordingly.
- The Customer shall ensure that the vehicle still has a range of at least 50km left when it is returned.
- The Customer or passengers are prohibited from eating or smoking in the BeeZero vehicle.
Prohibitions on Use
The Customer is prohibited from using the BeeZero vehicle for the following purposes:
- for purposes relating to motor sport, in particular for events where the aim is to reach high speeds;
- for vehicle tests, driver training and driving safety training, or for off-road trips;
- for commercial passenger transportation and other scenarios in which individuals are transported for commercial purposes;
- for further rental or advertising measures organized by the Customer;
- to commit crimes;
- to transport highly flammable, poisonous or other hazardous substances within the meaning of the Regulations for the Conveyance of Hazardous Goods by Road, Rail and Inland Navigation (GGVSEB);
- to tow trailers, vehicles or other objects;
- to transport animals, unless they are housed in a closed cage that is securely stored in the boot; and
- for all other purposes that contravene the actual function of the BeeZero vehicle as a motor vehicle (i.e. a road vehicle powered by an engine) designed to transport individuals and objects.
Any breaches of, or failure to comply with, one of the provisions set out in section 4 and 5 shall give BeeZero the right to terminate the individual rental agreement, as well as the entire Customer Contract, without notice. In such cases, any claims to compensation on the part of the Customer are excluded. The right to compensation for the damage incurred by BeeZero due to the breach of one of the provisions set out under sections 4 and 5 remains unaffected.
- The BeeZero vehicle may only be fueled using 700-bar gaseous hydrogen.
- The BeeZero vehicle will be fueled by the BeeZero service team as a general rule. The Customer is only authorized to fuel the BeeZero vehicle if he/she has watched the fueling training video available at www.beezero.com in full and has acknowledged it.
- The CEP fuel card is to be used to fuel the vehicle at hydrogen fueling stations in Germany. The Customer undertakes only to use the CEP fuel card to fuel the rented BeeZero vehicle.
- At fueling stations that do not accept the CEP fuel card, the Customer must pay the cost of the hydrogen used to fuel the vehicle in advance. The costs shall then be reimbursed to him/her by BeeZero upon presentation of corresponding evidence. For this purpose, the Customer shall inform the BeeZero Customer Service, which shall allocate him/her a transaction number. This transaction number should then be forwarded to the BeeZero Customer Service, together with the original receipts.
7. Return of the BeeZero Vehicle
The BeeZero vehicle can only be returned in the same park zone from which it was rented (‘Home Park Zone’). The Home Park Zone is also shown in the BeeZero app. The Customer ends the individual rental agreement by permanently and legally parking and locking the BeeZero vehicle in the Home Park Zone.
8. Insurance, Customer's Liability and Duty to Notify
- Liability and third party, fire and theft insurance is in place, in the usual scope, for all BeeZero vehicles.
- The Customer shall be liable in line with the statutory provisions if he/she damages or steals the vehicle, or breaches his/her obligations under the Customer Contract. The Customer's liability shall also include the incidental costs associated with the damage, e.g. experts' fees, towing charges, the costs of return transportation, loss of value and loss of use. The Customer shall be liable for traffic and administrative offences; any notices relating to fines and penalties shall be forwarded to the Customer. The Customer shall bear the costs incurred by BeeZero to process administrative offences in line with the price and fee schedule that is valid at the time the notice relating to fines and penalties is issued. In the event that lump sum amounts are charged, the Customer is free to furnish evidence showing that the actual expenses incurred by BeeZero are lower.
- Liability is limited in the Customer's favor in an amount that corresponds to the protection offered by fully comprehensive vehicle insurance with a deductible. Within the framework of this limitation of liability, the Customer shall be liable for accidental damage to the BeeZero vehicle up to an amount of EUR 500 (deductible) per loss event. The Customer is free to reduce his/her deductible by way of a separate agreement insofar as this option is offered.
- In the absence of any provisions to the contrary in these GTCs, the general terms and conditions of motor insurance (AKB 2015) published by the German Insurance Association, Gesamtverband der Deutschen Versicherungswirtschaft e. V. (GDV) shall apply to the abovementioned insurance and limitation of liability.
- The limitation of liability shall not apply in all cases of willful intent or gross negligence, or in cases which result in the withdrawal of insurance cover due to misconduct on the part of the Customer pursuant to AKB 2015.
- Furthermore, this limitation of liability shall not apply in favor of unauthorized drivers.
- The Customer is obliged to ensure that all measures required to minimize the damage and secure evidence are taken. For this purpose, the Customer shall report all damage to the police/the responsible law enforcement agency in the country in which the loss event occurred.
- The Customer is only authorized to leave the scene of the accident/crime if
- the police/officials have finished recording the details and
- following consultation with the BeeZero Customer Service, all measures to secure evidence have been taken.
- In the event of an accident, the Customer must not assume liability or make any similar commitments.
- The obligations incumbent upon the Customer as set out in sections 8.2 and 8.3 cease to apply if he/she legitimately leaves, or excused from, the scene of the accident due to injuries sustained by one of the parties involved in the accident as a result of the accident.
9. Information Obligations
- The Customer shall inform the BeeZero Customer Service of the following scenarios by telephone without delay:
- the BeeZero vehicle has broken down;
- the BeeZero vehicle can only be operated to a limited extent; and
- accidents involving, damage (caused by game animals) to, or the theft, destruction or demise of the BeeZero vehicle.
- The Customer is also obliged (irrespective of any existing rental) to inform BeeZero of the following circumstances without delay:
- changes in his/her address;
- changes in his/her bank account details, credit card, EC debit card, etc. insofar as the selected method of payment is no longer valid; and
- scenarios in which his/her driving license is withdrawn or restricted (e.g. suspended), in which he/she is banned from driving or in which his/her driving license document is temporarily seized or confiscated.
10. BeeZero's Liability
- BeeZero is liable in cases of willful intent and gross negligence committed by itself, its representatives or vicarious agents in accordance with the statutory provisions. In all other respects, BeeZero is only liable for injuries to life, limb or health, or for culpable breaches of cardinal contractual obligations. The claim to compensation for breaches of cardinal contractual obligations shall be limited to the foreseeable damage typically occurring under this type of contract.
- BeeZero's strict liability for initial defects relating to the rented vehicle (anfängliche Mietmängel) is excluded.
11. Lost and Found Items
- BeeZero shall assume no liability for objects left in the BeeZero vehicle on return; this shall not apply in cases of willful intent or gross negligence on the part of BeeZero, or a representative or vicarious agent of BeeZero.
- BeeZero can keep lost and found items for a maximum period of 4 weeks. If the owner does not request the return of the item within this period, then the lost and found items shall be destroyed. Money, securities and valuables shall be handed over to the city's lost and found office. If lost and found items are returned to the Customer, the Customer undertakes to pay an additional fee in line with the price and fee schedule that is valid at the time of rental.
12. Emergencies & Technician Call-Outs
- If the BeeZero vehicle breaks down through no fault of the Customer's own, then the Customer shall secure the BeeZero vehicle and contact the BeeZero Customer Service by telephone without delay. BeeZero shall attempt to arrange adequate onward mobility for the Customer in such cases.
- If a technician has to be called out because the Customer did not use the BeeZero vehicle properly or failed to adhere to the regulations of use, then the Customer shall be billed the expenses and costs incurred by BeeZero in line with the valid price and fee schedule.
13. Fee, Terms and Conditions of Payment
- BeeZero shall invoice the Customer fees for the use of the vehicle, as well as administration and admission fees in line with the price and fee schedule that applies at the time of rental and of which the Customer has been informed. The current valid price and fee schedule can be found on the Internet at www.beezero.com. BeeZero reserves the right to change the price and fee schedule for future rentals at any time.
- The rental price shall be charged at the end of the rental period. Payments shall be made using the payment method currently selected by the Customer. Invoices shall be sent automatically by e-mail, no later than 10 days after the end of the rental period.
- As soon as he/she receives the invoice, the Customer shall ensure that his/her current account has a sufficient balance to allow payment to be made by direct debit authorization.
- The Customer hereby authorizes BeeZero to also use the selected payment method for any other fees owed by the Customer as a result of, or in connection with, the rental (e.g. registration fee, administration fee, fine, processing fee, receivables from tolling offences, contractual penalties, etc.).
14. Termination & Blocking
- The Customer Contract is concluded for an indefinite period and can be terminated by either Party giving 4 weeks' notice. The Parties reserve the right to terminate the Customer Contract for cause.
- Instead of termination for cause, the provider is also authorized to block the Customer for rentals for a certain period if it has good reason to do so. This shall apply in particular for as long as receivables of the provider from earlier rentals have not yet been settled and satisfied, and in the event of unexplained loss events or repeated breaches by the Customer of his/her contractual obligations.
15. Right of Retention, Offsetting
- The Customer shall only have a right of retention based on counterclaims under the contractual relationship.
- The Customer may only offset claims of BeeZero against uncontested counterclaims or counterclaims that have been established with res judicata effect.
16. Applicable Law, Place of Jurisdiction
- German law shall be applicable.
- Munich is agreed as the place of jurisdiction for all disputes arising from or in connection with the Customer Contract insofar as the Customer does not have any general place of jurisdiction in Germany or, after the Contract is concluded, moves his/her place of residence or habitual place of abode abroad, or if his/her place of residence or habitual place of abode abroad is not known at the time the claim is filed, or if the Customer is a registered trader (Vollkaufmann), a public-law legal entity or a public-law fund.
17. Other provisions
Any amendments and supplements to the Customer Contract, with the exception of these GTCs, must be made in writing. There are no oral subsidiary agreements.