Terms & Conditions Subscription

Version as of 30th November 2022

1. Subject Matter

1.1 These General Terms and Conditions ("GTC") govern the business relationship between MILES Mobility GmbH ("MILES") and customers ("Customers") who make use of services provided by MILES within the framework of the rental of vehicles in the so-called subscription model ("Subscription Rental Agreement ").

1.2 MILES provides the Customer with a registered and insured vehicle for use under a Subscription Rental Agreement against payment of a flat monthly fee. The vehicle may be a new or used vehicle. The vehicles available in the desired booking period are displayed to the Customer as part of the digital booking procedure for the conclusion of the contract.

1.3 The services of MILES include the payment of motor vehicle tax and radio license fee (Rundfunkbeitrag), the performance of necessary maintenance, general inspections and wear and tear repairs as well as inclusive mileage/kilometers selected in the order. The vehicles are delivered on all-weather tires and there is no provision for seasonal tire changes. The Customer can, if necessary, book additional services within the framework of the MILES offer, e.g. additional mileage/kilometers, child seat, fuel card, delivery/collection of the vehicle at the beginning/end of the rental period; in this respect, the Price and Cost Regulations apply.

1.4 The supply of operating materials (including but not limited to electricity, fuel, AdBlue, oil) and the ongoing cleaning and maintenance of the vehicle are not part of the services provided by MILES. The Customer is responsible for such measures.

1.5 These GTC are supplemented by the Price and Cost Regulations, which are available at [Link]. The prices are final prices which include the respective statutory value added tax.

1.6 To the extent necessary for the use of the services of MILES, the Customer itself shall provide for the possibility of mobile data communication with its terminal equipment and shall itself bear the costs of data transmission incurred vis-à-vis its mobile network provider.

1.7 Further information on MILES and its services as well as on how to behave in case of accidents can be found in the FAQ (Link). If the Customer is subsequently required to contact MILES without further information on the contact point, the telephone number of the service team as mentioned [in the order confirmation] shall be used for this purpose.

2. Registration

2.1 For the conclusion of a Subscription Rental Agreement, registration by the Customer for an individual user account is required. This is done via the website of MILES at https://abo.miles-mobility.com/en.

2.2 By entering the requested data and confirming these GTC in the registration process, the user account is created when MILES sends the corresponding confirmation with an activation link and the Customer has clicked on the activation link.

2.3 The Customer has no right to the conclusion of a user account. MILES reserves the right to refuse conclusion without giving reasons, in particular if there is reason to believe that the potential Customer will not behave in accordance with the contract. The Customer has no right to the conclusion of a Subscription Rental Agreement and/or to a specific vehicle or model variant. In particular, certain vehicles may only be available to Customers who have reached a certain minimum age or a minimum duration of their driving license.

2.4 A Customer may not register more than once in parallel or maintain more than one user account with MILES. In the event of multiple registrations or registration with false/falsified data, MILES reserves the right to claim contractual penalties in accordance with the valid Price and Cost Regulations.

2.5 When registering, the Customer provides a password of his own choice. The Customer can change the password at any time via his user account. The Customer undertakes to store his password carefully and separately and never to disclose the password to third parties. The Customer shall choose the password in such a way that it cannot be easily guessed or copied.

2.6 Eligible to conclude Subscription Rental Agreements as Customers are only natural persons who

a) have a user account activated by MILES and have successfully completed the verification process pursuant to Section 2.7,

b) have reached the minimum age of 18 years,

c) are in possession of a driver's license required to drive the respective vehicle valid in Germany for the entire period of rental/use and fulfilling all conditions and requirements contained therein, if applicable, and

d) have a registered address in Germany.

2.7 In order to enter into Subscription Rental Agreements, the Customer must have its identity and driver's license checked and verified. The verification is carried out by the Customer accessing the verification function via the MILES website. The Customer can then check and have verified the validity of his driver's license and his identity (identity card/passport, supplemented by a certificate of registration if necessary) by photo/video. MILES is entitled to use service providers to handle the verification process. Upon request of MILES, the Customer has to go through a verification process again to prove his identity or the current validity of his driver's license. MILES is entitled to request additional documents and records from the Customer for registration and verification purposes.

2.8 The authorization to use the vehicle shall expire if the Customer's driving license has been revoked or the Customer's driving license has been temporarily seized or confiscated. For the duration of a driving ban imposed by a court or the authorities, the Customer's corresponding authorization is suspended. In case of restriction of the driving license, MILES reserves the right to withdraw the authorization to use the vehicle.

2.9 The Customer shall immediately notify MILES of the revocation or restriction of its driving license, the effectiveness of a driving ban or a temporary seizure or confiscation of its driving license. The notification may be made by telephone or by e-mail. This obligation also applies to Authorized Users pursuant to Clause 2.11.

2.10 The Customer is prohibited from driving a vehicle without authorization to use it. The Customer is also prohibited from allowing other persons to drive the vehicle or otherwise enable third parties to drive or use the vehicle in any way, unless they are Authorized Users pursuant to Clause 2.11. This also applies if the other person is itself a Customer of MILES. In the event of a breach of the aforementioned obligations, the Customer is obliged to pay a contractual penalty in accordance with the Price and Cost Regulations and is liable for all resulting damages in accordance with the statutory provisions. The regulations on liability according to Clause 11 apply.

2.11 The Customer may register up to four additional persons as “Authorized Users”, who may then also use the vehicle. This authorization is subject to the conditions that the registered persons meet the same conditions as the Customer (valid driving license, registration address in Germany, minimum age/minimum duration of the driving license, if applicable), that their corresponding data and information have been deposited with MILES, and that MILES has confirmed the registration. The Customer is responsible for the compliance with these GTC also by the Authorized Users and is liable for their conduct.

2.11 The Customer is obliged to notify MILES immediately of any change in its data (name, address, e-mail address, mobile phone number, means of payment) and/or the data of Authorized Users. In case of breach of this obligation by the Customer, the Customer shall be liable in particular for damages and consequential damages caused by outdated or incorrect data. The regulations on liability pursuant to Clause 11 shall apply.

2.12 The Customer may have its user account deleted by MILES at any time, unless required as the basis of an ongoing Subscription Rental Agreement. MILES will only store such data from the user account as is necessary to perform any outstanding billing and to process any outstanding official or criminal charges and/or investigations. Subject to further legal justification, this shall apply in any case for a storage period of 24 months, as this is regularly required for the aforementioned purposes.

3. Conclusion of Contract

3.1 The conclusion of a Subscription Rental Agreement shall be effected by means of a digital booking procedure on the MILES website. In doing so, the Customer confirms its selection and the linked contractual terms. By this confirmation, the Customer makes the binding offer to conclude the Subscription Rental Agreement. The contract is considered concluded as soon as MILES has sent the acceptance of the offer after checking the Customer's eligibility and, if applicable, creditworthiness and the availability of a suitable vehicle by means of a booking confirmation to the e-mail address provided by the Customer. The previously automatically sent order confirmation merely documents the receipt of the Customer's binding offer.

3.2 The fee for the provision of the vehicle results from the booking confirmation and, in addition, from the Price and Cost Regulations. In principle, a one-time provision fee and a monthly flat fee are to be paid. For novice drivers ("Rookies"), an increased flat fee may be due considering the increased risks involved. The billing period of the monthly flat fee is based on the day of the start of the rental period, a calculation along the calendar months is only carried out if the rental period starts directly on the first of the month (example: if the rental period starts on the 15th of the month, the billing is always carried out on the 15th of the month until the 14th of the following month).

3.3 If the Customer exceeds the budget of booked mileage/kilometers, the additional payment per additional kilometer is based on the Price and Cost Regulations. The additional payment will be invoiced separately after return of the vehicle and may be offset against a deposit retained by MILES.

3.4 MILES reserves the right to demand a deposit in the amount of the deductible at the start of the rental, which serves to secure claims against the Customer in connection with the Subscription Rental Agreement. The deposit depends on the vehicle class. The deposit will be returned within a reasonable period of time after proper return of the vehicle, if no costs have been incurred by the Customer. To the extent that MILES requires a deposit, it must be received by MILES by bank transfer ten business days prior to the delivery of the vehicle.

4. Handover of the Vehicle

4.1 The Customer and MILES agree at the time of the booking a delivery date on which the vehicle is to be handed over. For the corresponding delivery fee, a delivery will be made to the Customer by MILES or a third party commissioned by MILES.

4.2 If the delivery date is exceeded by four weeks, the Customer may request MILES to deliver the vehicle within a reasonable period of time. The rights of the Customer are determined by the statutory provisions.

4.3 If the delivery fails on the agreed date for reasons for which the Customer is responsible, the Customer shall be liable to MILES for the costs and damages incurred thereby. In particular, the monthly flat fee is to be paid from the originally agreed date and an additional delivery fee for the new delivery is to be paid. A new date shall be arranged for this purpose immediately. If the delivery fails for reasons for which the Customer is responsible, more than 21 days after the date agreed at the beginning, MILES is entitled to terminate the Subscription Rental Agreement without notice.

4.4 Upon handover of the vehicle, the Customer will receive the vehicle key and the associated documents (vehicle registration certificate, maintenance documents, if applicable). A handover report on the condition of the vehicle will be drawn up by MILES, which must be confirmed by the Customer and may be commented on if necessary. Any liability of MILES for defects of the vehicle existing at the time of handover is excluded, subject to the provisions in Clause 10.

4.5 The handover to the Customer shall only take place upon presentation of the original driver's license as proof of the driver's license and the original identity card/passport as proof of identity, if necessary supplemented by a certificate of registration.

5. Contract Term

5.1 The Subscription Rental Agreement shall have the term agreed within the scope of the booking, which can neither be shortened nor extended. Tacit extension is excluded; this applies in particular in the event of late return of the vehicle; Section 545 of the German Civil Code (Bürgerliches Gesetzbuch) does not apply. The term begins on the day of the agreed handover. If the agreed handover is delayed due to circumstances the Customer is not responsible for, the day of the actual handover shall be deemed the beginning of the minimum term.

5.2 In addition, it is possible to book selected vehicles in a so-called Flex rate. The Flex rate can always be terminated by the customer at the beginning of a new rental month with a notice period of 30 days. Billing always takes place on a monthly basis. (For example, a vehicle is delivered to a subscription customer on January 13. MILES would then bill the customer for the first month of rental from January 13 to February 13. A customer has until January 13 to cancel their flex rate. The subscription would run through February 13. If no notice is given by January 13, the lease will continue without notice and may be canceled at any time on the next 13th of a subsequent month). The notice of termination must be in writing.

5.3 If the vehicle is not returned on time, one thirtieth of the monthly flat fee will be charged for each day as a basic amount. The obligations under the Subscription Rental Agreement shall continue to apply until the day of the actual return. In addition, the Customer will be charged separately for any additional costs incurred by MILES as a result of the late return, unless the Customer is not responsible for the late return. In addition, the Customer is obligated to pay a contractual penalty in accordance with the Price and Cost Regulations in the event of a late return.

5.4 The right of the contracting parties to an extraordinary termination remains unaffected. In particular, MILES may terminate the contract without notice and exclude the Customer from using the vehicle if

a) the Customer is in arrears with two payments due or is in arrears for more than 21 days after a reminder or payment reminder,

b) the Customer has provided incorrect information or concealed facts when registering, verifying, ordering or in the course of the contractual relationship with MILES and therefore MILES cannot reasonably be expected to continue the contract, 

c) the Customer does not refrain from serious breaches of the contractual relationship with MILES or does not immediately remedy consequences of such breaches that have already occurred, 

d) the Customer has committed a breach of contract that is subject to a contractual penalty under these GTC,

e) MILES is not supplied or not supplied on time by the supplier of the vehicle; this does not apply if MILES is responsible for the failed or untimely delivery or has assumed a procurement risk,

f) the economic circumstances of the Customer deteriorate or threaten to deteriorate in such a way that the conclusion of the contract would not have taken place,

g) it is unreasonable for MILES to maintain the relationship due to damage to the vehicle; this applies in particular in the event of more than two instances of damage due to the culpable conduct of the Customer or Authorized User and/or in the event of cumulative damage exceeding 20% of the vehicle list price.

5.5 If the Subscription Rental Agreement has been terminated extraordinarily pursuant to Clause 5.3, MILES is in particular entitled to the immediate return of the Vehicle. If the Customer does not return the vehicle immediately, MILES is entitled to take possession of the vehicle at the Customer's expense.

5.6 A statutory right of cancellation according to Section 355 of the German Civil Code (Bürgerliches Gesetzbuch) does not exist pursuant to Section 312g para. 2 no. 9 of the German Civil Code (Bürgerliches Gesetzbuch). As a gesture of goodwill, the Customer may cancel a booking free of charge up to 48 hours after receipt of the order confirmation. If the cancellation takes place later than 48 hours after receipt of the order confirmation, MILES is entitled to charge the flat rate fee for one month of the ordered usage plus a flat rate for expenses according to the Price and Cost Regulations.

6. Treatment and Use of the Vehicles

6.1 The Customer shall treat the vehicles with care and diligence. In case of any ambiguity regarding the use of the vehicles, the Customer shall contact MILES. The Customer must verify the roadworthiness of the vehicle, in particular by visually inspecting the tires, before commencing the journey. The Customer undertakes to ensure the sufficient supply of operating materials and to correct the tire pressure at regular intervals at his own expense, if necessary. The Customer is responsible for carrying all necessary documents and safety accessories in the vehicle. The Customer is responsible for equipping the vehicle in accordance with the weather conditions.

6.2 The Customer must secure the vehicle against theft after parking (windows, sunroof, soft top and doors must be locked). The Customer must comply with the respective road traffic regulations at all times when participating in road traffic with the vehicle. In the event of a warning light coming on in the dashboard display, the Customer is obliged to immediately      stop and contact MILES to agree whether the journey can be continued. MILES shall not be liable for any damage caused by the Customer's breach of these obligations. In the event of a breach of the aforementioned obligations by the Customer, the Customer is liable for all resulting damages in accordance with the statutory provisions. The regulations on liability according to Clause 11 apply.

6.3 The Customer is prohibited from using the vehicle for the following purposes:

a) for motor sport purposes, in particular for races or for achieving a maximum speed in violation of traffic regulations, 

b) for vehicle tests and driving safety training as well as driving off paved roads and for "drifting" (applying the handbrake, except for securing the vehicle against rolling away), 

c) for commercial passenger transport and other commercial transport of persons, or for commercial transports (e.g. courier trips),

d) for subleasing or for advertising measures of the Customer,

e) for committing criminal offences,

f) for the transport of easily inflammable, poisonous or other dangerous substances which exceed normal household quantities, 

g) for the transport of objects which, due to their shape, size or weight, impair the driving safety or may damage the interior of the vehicle, unless they are packed and stowed in such a way that they do not pose any danger,

h) for towing trailers, vehicles or other objects, 

i) for transporting animals, unless they are in a closed cage that is securely stowed in the trunk.

6.4 In addition, it is prohibited for the Customer

a) to use the vehicle for journeys outside Germany, whereby MILES reserves the right to expressly release certain territories for travel; the territories released at the given time are available in the FAQ, 

b) to drive the vehicle under the influence of alcohol (a blood alcohol limit of 0.0 ‰ applies), drugs or medication that could impair the ability to drive, 

c) to transport children under 12 years of age or smaller than 150 cm, if no suitable and age-appropriate approved restraint device (baby car seat, child seat, booster seat) is used for the child, following all manufacturer's instructions for assembly and disassembly, 

d) to carry more passengers than the number permitted in accordance with the approval, 

e) to smoke in the vehicle or to permit passengers to smoke, this also includes e-cigarettes or other liquid and tobacco vaporizers, 

f) to carry out modifications to the vehicle or to have them carried out, whereby a seasonal tire change on one's own responsibility and the use of roof boxes or bicycle racks are permissible as long as a valid approval is available and a residue-free and damage-free removal is carried out before the return. 

6.5 Violations of the prohibitions in Clauses 6.3 and 6.4 entitle MILES to terminate the Subscription Rental Agreement without notice. Claims for compensation by the Customer are excluded in such a case. In case of violation of the prohibitions in Clauses 6.3 and 6.4, the Customer is obliged to pay a contractual penalty according to the Price and Cost Regulations. In the event of a breach of the aforementioned obligations by the Customer, the Customer shall be liable in accordance with the statutory provisions for all damages arising therefrom. The regulations on liability pursuant to Clause 11 shall apply.

6.6 MILES is entitled at any time to take back the vehicle in consultation with the Customer and to replace it with a comparable vehicle. In this respect, MILES is entitled, after a notice period of 14 days, to replace the vehicle with a vehicle of equal or higher value with a comparable configuration, while maintaining the other contractual obligations for the Customer at no cost to the Customer. If the vehicle is replaced, MILES and the Customer will agree on a suitable delivery time and place at which MILES will pick up the old vehicle and deliver the new one. These GTC apply to the handover and the return.

6.7 The Customer is obliged to have repairs, maintenance/inspections as well as general inspections carried out at MILES' expense exclusively at MILES' request in workshops named by MILES. If possible, MILES will inform the Customer 14 days in advance of the relevant date. The Customer is obliged to cooperate in the execution of the measure. To the extent that the vehicle is temporarily unavailable for use in the course of the measure, MILES is not obligated to provide a replacement vehicle.

6.8 The Customer is obliged to notify MILES immediately of any impairments to the roadworthiness, operational safety and damage, so that MILES can initiate any necessary measures. Only in the case of urgent repairs that are technically necessary to maintain the safe running and operability of the Vehicle, the Customer is entitled to have the necessary work carried out without the prior consent of MILES. In such cases, MILES must be informed immediately and no later than three days after the work has been carried out. Any work ordered by the Customer beyond this is the sole responsibility of the Customer, constitutes a breach of these GTC giving rise to liability (damage may consist, for example, in the loss of the manufacturer's warranty) and no reimbursement of costs will be made by MILES.

6.9 If the Customer causes a repair or maintenance measure by not operating the vehicle properly or by deliberately reporting a malfunction incorrectly, the Customer shall be charged according to the Price and Cost Regulations.

6.10 MILES is entitled to inspect the condition of the vehicle at any time after reasonable consultation with the Customer and/or to request a report from the Customer on the current mileage. The Customer is obliged to cooperate with MILES.

7. Return of the Vehicle

7.1 At the end of the term of the Subscription Rental Agreement, MILES and the Customer shall agree on the return date and place, whereby the return shall take place at one of the stations selected by MILES for the inspection of the vehicles. The Customer is obliged to cooperate in finding a date. If no return location is agreed upon, the vehicle shall be returned at the end of the term of the Subscription Rental Agreement to the station designated by MILES for inspection of the vehicle in the vicinity of the place of delivery return.

7.2 If the timely return fails for reasons for which the Customer is responsible, the Customer shall be liable to MILES for the resulting costs and damages (including loss of profit), in particular the monthly flat fee pursuant to Clause 5.2 shall continue to be paid until the return, whereby the damages of MILES may exceed this (example: a sale of the vehicle following the rental period has already been agreed with a third party). In any case, a new date for the return shall be agreed upon immediately. MILES is also entitled to take possession of the vehicle after the end of the subscription rental period. The provisions relating to the obligations when using of the vehicle shall continue to apply after the end of the term of the Subscription Rental Agreement.

7.3 A proper return of the vehicle requires in particular the following:

a) The vehicle is in a clean condition inside. If the vehicle is returned in a grossly soiled condition or if there is waste of any kind in the vehicle, the Customer has to pay a lump sum for the cleaning according to the Price and Cost Regulations. 

b) The vehicle has to be returned with all provided documents, fuel cards, parking cards and parking permits.

c) The vehicle must correspond to the condition at the time of handover by MILES (tires, etc.) and no equipment and accessories of the vehicle may be missing, in particular not the vehicle key.

d) The vehicle must be at least 50% fueled (incl. AdBlue, if applicable) or at least 50% charged. Otherwise, a flat-rate fee will be charged in accordance with the Price and Cost Regulations.

7.4 The vehicle will be inspected by MILES or an authorized third party at the place of return. Any damage or missing accessories will be recorded in a protocol, which must be confirmed by the Customer and can be commented, if necessary. If the return takes place according to these GTC without participation of the Customer, the protocol can be made without his participation. If the vehicle is not in proper condition for return according to the inspection, the Customer is obliged to compensate for the damage incurred, unless he is not responsible for this damage.

7.5 If no agreement can be reached between MILES and the Customer on the proper condition of the vehicle upon return, including any existing damage, defects and their valuation, MILES will commission an independent expert company to determine the condition of the vehicle and the possible reduced value. The expert report is binding as an arbitration report for both contracting parties. The costs of this expert opinion shall be borne by the parties in proportion to their success or failure. The expert opinion shall not preclude recourse to the courts.

7.6 If the Customer has not returned the items pursuant to Clause 7.2 b) and/or c) when returning the vehicle, the Customer shall do so without undue delay and a lump-sum fee shall be charged in accordance with the Price and Cost Regulations.

7.7 Data stored in the vehicle in connection with navigation systems, radio settings, paired devices and other potentially personal data must be deleted by the Customer prior to return. Passwords must be reset or communicated to MILES in the course of the return. The Customer is obligated to cooperate in restoring the vehicle to a user-neutral condition and is liable for expenses incurred by MILES due to lack of cooperation.

8. Obligations in the Event of Accidents, Damage, Theft, Destruction and other Loss of the Vehicle

8.1 Accidents, damages, theft, destruction and/or other loss of the vehicle must be reported to MILES immediately and directly by telephone.

8.2 The Customer is obliged to ensure that all measures necessary to mitigate damage and preserve evidence are taken. For this purpose, the Customer shall immediately report any damage occurring during his rental to the police. This also applies in the event of accidents with bollards, fences or other barriers or other markings and boundaries. As far as the police refuses to pick up the case, the Customer has to inform MILES immediately and to coordinate the further procedure with the service team. In case of accidents with injured persons, the fire department has to be informed immediately.

8.3 The Customer may only leave the scene of the accident once the measures to mitigate the damage and preserve evidence as well as the report to the police and, if necessary, the police recording have been completed. These obligations of the Customer shall not apply if he/she leaves the scene of the accident with justification or excuse due to accident-related injuries of a party involved in the accident. Further use of the vehicle may only take place if the Customer (i) has received permission from MILES to continue its use and (ii) has verified that the vehicle is in roadworthy condition.

8.4 The Customer is obliged to forward to MILES truthfully the completed damage form and a written accident report within the time limit set by MILES for this purpose, but no later than three calendar days, and to provide MILES with the police file number (if such a number has been assigned). In case of culpable violation of this obligation, the Customer is obliged to pay a contractual penalty according to the Price and Cost Regulations. If MILES incurs costs due to an incorrect description of the course of the accident by the Customer (e.g. costs for an expert), MILES is entitled to pass on these costs in full to the Customer. If no damage report is received by MILES within this period and therefore the accident cannot be processed and, if necessary, settled by the insurance company, MILES reserves the right to charge the Customer for all accident-related costs, in particular for persons, objects and vehicles. The regulations on liability according to Clause 11 apply.

8.5 All instructions of MILES must be complied with. The Customer is prohibited from making any acknowledgement of debt or from making any payment or other act acknowledging damage and/or debt, to the extent that such acts may affect the interests of MILES and, in particular, may affect the settlement of any liability claims to the detriment of MILES (jeopardizing insurance coverage). If, despite the prohibition, a commitment of liability is given, this commitment applies only directly to the Customer itself. Neither MILES nor insurers are bound by this commitment.

8.6 If third parties gain access to a MILES vehicle, the Customer is obliged to immediately inform to MILES without delay. The Customer must then substantiate the incident; evidence of the filing of a police report is not sufficient for this purpose. In the event of a culpable breach of the aforementioned obligations by the Customer, the Customer is liable in accordance with the statutory provisions for all resulting damages, in particular if theft, damage or improper use of a vehicle was made possible as a result. The regulations on liability pursuant to Clause 11 shall apply.

8.7 The Subscription Rental Agreement will also be terminated in the event of an accident only after proper return as defined in Clause 7. In the event that the vehicle is no longer roadworthy or roadworthy, MILES is entitled to take possession of the vehicle. In case of self-inflicted accidents, the Customer is responsible for all costs incurred in returning the vehicle to MILES. The decision whether a vehicle is still roadworthy or not is made by MILES. Exclusively MILES is responsible for the selection of the repair shop for the repair in case of damage. The Customer is obliged to cooperate in the execution of the repair. To the extent that the vehicle is temporarily unavailable for use in the course of the repair, MILES is not obligated to provide a replacement vehicle.

8.8 Compensation payments in connection with damage to vehicles are due solely to MILES. The Customer is prohibited from receiving money or other goods as compensation in relation to vehicle damage. If the Customer has received such benefits from third parties, it must forward them to MILES without being asked to do so.

9. Contractual Penalty and Lump-Sum Costs

9.1 To the extent that the Customer is obliged to pay a contractual penalty or a lump-sum cost pursuant to these GTC or the applicable Price and Cost Regulations, the assertion of further damages by MILES shall remain unaffected thereby. Any forfeited contractual penalty or lump sum will be set off against the corresponding claim for damages by MILES.

9.2 Lump-sum costs will not be charged if the Customer proves that it is not responsible for the costs, that no costs have been incurred or that the actual costs incurred are significantly lower than the lump-sum cost. MILES is at liberty, upon appropriate proof, to claim further damages exceeding the lump-sum cost.

10. Liability of MILES

10.1 MILES is liable to the Customer only in cases of intent and gross negligence of its legal representatives and vicarious agents in accordance with the statutory provisions. In all other respects, MILES shall be liable to the Customer in the event of a culpable breach of material contractual obligations, but limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract. Material contractual obligations are obligations that enable MILES to properly perform the contract with the Customer in the first place and on whose compliance the Customer regularly relies and may rely. The above provisions also apply to legal representatives and vicarious agents of MILES. The liability of MILES for initial material defects of the vehicle irrespective of culpable breach is excluded. MILES is not liable for damages caused by the use of seasonal tires or roof boxes and bicycle racks on the Customer’s own responsibility.

10.2 The above limitations of liability shall not apply in the event of injury to life, body or health, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act.

10.3 The limitation of liability shall also apply with regard to the handling of lost property.

11. Liability of the Customer and Insurance Coverage

11.1 The vehicles to be rented are covered by liability insurance to the extent required by law. Unless otherwise stipulated in these GTC, the liability insurance shall be governed by the General Terms and Conditions for Motor Vehicle Insurance, AKB 2015 ("AKB"), issued by the German Insurance Association (Gesamtverband der Deutschen Versicherungswirtschaft e.V. GDV). If the Customer (or an Authorized User) violates an obligation of the AKB and this leads to a release of the insurer from its payment obligation, the insurance coverage shall lapse.

11.2 In particular, the liability insurance does not cover damage caused by improper handling of the vehicle, incorrect operation of the vehicle, such as shifting errors, ignoring warning lights, incorrect refueling or improperly stowed cargo.

11.3 In the event of damage to or loss of the vehicle used by the Customer (or by an Authorized User), its accessories or individual vehicle parts as well as in the event of breaches of contract, the Customer (and, if applicable, the Authorized User) shall be liable in accordance with the statutory provisions, unless otherwise provided for in the this GTC. The liability of the Customer (and, if applicable, the Authorized User) also extends to incidental damage costs such as, for example, expert costs, towing costs, reduction in value, increase in any insurance premiums, loss of rental income and premature termination of leasing or financing contracts. In case of liability of the Customer (and, if applicable, of an Authorized User), the Customer is obliged to indemnify MILES against claims of third parties.

11.4 If the vehicle is damaged during use or if the Customer (or an Authorized User) causes damage to the vehicle, the Customer’s liability for damage to the vehicle per claim is limited in accordance with the guiding principle of comprehensive insurance to a deductible in accordance with the Price and Cost Regulations.

11.5 The limitation of liability to the deductible pursuant to Clause 11.4 shall not apply if the Customer (or, if applicable, the Authorized User) has caused the damage intentionally. If the Customer (or, if applicable, the Authorized User) has caused the damage by gross negligence, MILES is entitled to reduce its performance for the limitation of liability in a ratio corresponding to the severity of the Customer's fault, in which case there is no limitation to the deductible according to the Price and Cost Regulations, if applicable.

11.6 The limitation of liability to the deductible pursuant to Clause 11.4 shall also not apply if the Customer (or, if applicable, the Authorized User) has intentionally disregarded provisions of these GTC, in particular the obligations and prohibitions in Clauses 2.10, Clauses 6.1 to and including 6.4 and Clauses 8.1 to and including 8.6. If the Customer (or, if applicable, the Authorized User) has grossly negligently disregarded the respective provision, MILES is entitled to reduce its performance for the limitation of liability in a ratio corresponding to the severity of the Customer's fault, in which case there is no limitation to the deductible according to the Price and Cost Regulations, if applicable. The Customer bears the burden of proof for the non-existence of gross negligence. MILES remains obligated to perform insofar as the disregard of the respective regulation is not causal for the occurrence or the determination of the damage or for the determination or the scope of the obligation to perform of MILES or the insurer, unless the Customer (or, if applicable, the Authorized User) has maliciously disregarded the regulation.

11.7 Intentionally false or untrue information or incomplete or delayed information may, in accordance with Clause 11.6, result in a limitation of liability to a deductible in accordance with the Price and Cost Regulations not applying or, in the case of grossly negligent false or untrue information or incomplete or delayed information, MILES’ right to reduce its performance for the limitation of liability in a ratio corresponding to the severity of the Customer's fault, in which case there is no limitation to the deductible according to the Price and Cost Regulations, if applicable.

11.8 The Customer is fully liable for violations of the law committed by him/her (or, if applicable, by the Authorized User), in particular for violations of traffic and regulatory regulations during the period of use and in connection with the parking of the vehicle. The Customer undertakes to indemnify MILES against all fines and warnings, fees, costs and other expenses that authorities or other bodies levy against MILES on the occasion of the aforementioned violations. MILES is not obligated to forward objections of the Customer in administrative offense proceedings to the authorities or to conduct any other research. As compensation for the administrative expenses incurred by MILES for the processing of inquiries directed to MILES by prosecuting authorities for the investigation of administrative offences and criminal offences committed during the period of use, MILES will receive  lump-sum compensation per case in accordance with the Price and Cost Regulations. When using toll roads, the Customer shall ensure the payment of the applicable toll. The Customer indemnifies MILES from all toll charges.

11.9 To the extent that MILES receives payments from insurance companies or third parties in respect of a claim, such payments will be credited against the Customer's obligations to pay damages.

11.10 As long as the vehicle is not available for use for reasons for which the Customer is responsible, the Customer shall continue to be obligated to pay the full monthly flat fee.

12. Charges, Terms of Payment

12.1 MILES will invoice the Customer for the rental fee as set forth in the order confirmation and, if applicable, for additional costs and penalties according to of the Price and Cost Regulations.

12.2 The fees are due immediately and without deduction in advance for the respective month of the Subscription Rental Agreement. Additional fees according to the Price and Cost Regulations (contractual penalties, cost reimbursements, etc.) shall be asserted in each case directly after the fees have arisen with a corresponding invoice. Invoices will be sent by e-mail. The electronic invoices entitle to input tax deduction if the legal requirements are met.

12.3 Payments will be made by the means of payment selected by the Customer and accepted by MILES. The following provisions apply:

a) MILES reserves the right to reject any means of payment indicated by the Customer and to change the means of payment selected by the Customer as the default means of payment among several means of payment indicated. MILES is entitled to use service providers to process the payment. 

b) By selecting the means of payment, the Customer authorizes MILES to charge the respective means of payment with all remunerations, fees, flat-rate costs and contractual penalties as well as all other costs payable under a Subscription Rental Agreement. 

c) Payment by SEPA direct debit requires a current account maintained in the EU. In this case, the Customer revocably authorizes MILES to collect the fees to be paid by the Customer by direct debit to the debit of the specified current account. By indicating the current account, the Customer confirms that he is entitled to direct debit via this current account. Upon request, MILES must be provided with proof of the account authorization. In case of payment by SEPA direct debit, the Customer has to ensure sufficient coverage on his current account. 

d) In case of non-execution or non-timely payment, additional lump-sum costs will be charged according to the Price and Cost Regulations. If a collected amount is charged back by the bank and if the Customer is responsible for this circumstance, the Customer shall bear the costs incurred by the return debit note. These costs shall be deducted from the fee in accordance with the Price and Cost Regulations. In view of the effort and costs involved in return debit notes, the Customer is requested not to object to the debit note in case of a complaint, but to seek clarification with MILES first. In case of a justified complaint, the collected payment will be refunded to the Customer or a credit note will be issued. 
e) The Customer authorizes MILES to perform credit checks and SCHUFA inquiries as well as fraud prevention checks, this also applies during the term of a Subscription Rental Agreement.

f) If the Customer specifies means of payment that do not belong to him or for which he does not have a clear authorization, MILES reserves the right to forward the case to law enforcement authorities and to file a complaint. MILES is entitled to request proof and documents of authorization in relation to the means of payment indicated by the Customer.

12.4 With respect to claims that are not based on the same contractual relationship, the Customer may only assert a right of retention against MILES to the extent that its counterclaim is undisputed, has been finally adjudicated or is ready for decision. The Customer may transfer claims or other rights under the contract to third parties only with the prior written consent of MILES.

12.5 MILES is entitled to assign claims against the Customer to third parties at any time. The Customer will be notified of any assignment in the respective invoice. In this case, the Customer may only make payments to the assignee with debt-discharging effect.

13. Use of Customer Data

13.1 MILES is entitled to collect, process and use the personal data of the Customer provided for the user account as well as the Customer's usage and vehicle data (including data for the localization of the rented vehicle) to the extent necessary for the purpose of the performance of the contract or to protect the rights of MILES, in particular to prove and prosecute breaches of contract and/or criminal acts as well as to improve the offer of MILES by means of an evaluation. In this context, the vehicles may have functionalities that enable MILES to process location data as well as information on the state of the vehicle (locking, speed, sensor data).

13.2 If the Customer uses services provided by a company other than MILES, MILES will transmit the necessary Customer data to the company providing the services for the performance and billing of such services. MILES reserves the right to disclose personal data of the Customer to law enforcement authorities within the scope of data protection law.

14. Changes to the GTC

14.1 MILES reserves the right to amend these GTC and the Price and Cost Regulations with effect for future Rentals at any time, provided that the amendments are reasonable for the Customer.

14.2 Amendments to the GTC shall be notified to the Customer in writing, by e-mail or in another suitable manner one month in advance. The amendments are deemed to be approved and binding for an existing contractual relationship upon their entry into force if the Customer does not object to them either in writing or by e-mail. This consequence will be specifically pointed out to the Customer when changes are announced by MILES. The Customer's objection must be sent to MILES within two weeks after notification of the changes.

15 General Provisions and Place of Jurisdiction

15.1 The business relationship between MILES and the Customer is governed by German law. If the Customer as a consumer has its habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in these GTC.

15.2 For all present and future claims arising from the business relationship with Customers who are not consumers, the exclusive place of jurisdiction shall be Berlin. The same shall apply if the Customer does not have a general place of jurisdiction in Germany, moves his place of residence abroad after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought. Statutory mandatory places of jurisdiction remain unaffected.

15.3 Should one or more provisions of this contract be invalid or void, this shall not affect the validity of the contract in its remaining provisions.

15.4 The European Commission provides a platform for online dispute resolution (ODR) under the link https://webgate.ec.europa.eu/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

15.5 The contract language is German. If a version of these GTC in another language is available, the German version shall take precedence.