1. General

CARIFY AG, Cheesturmweg 21, 4624 Härkingen, (hereinafter: CARIFY) mediates via the online platform www.carify.com and www.bmw-flex.ch (hereinafter: CARIFY Platforms) offer natural and legal persons (hereinafter: Customers) the use of vehicles against payment (CARIFY Subscription) as well as other services of CARIFY Partners. These Terms of Use and the documents referred to herein govern the rights and obligations between the Customers and the respective CARIFY Partners and between the Customers and CARIFY.

2. Conditions

2.1 Authorization

A BMW & MINI Flex by CARIFY subscription can be taken out by anyone who has a permanent residence in Switzerland, holds a driver’s license of the category required for the vehicle from the Road Traffic Office and is at least 18 years old. Persons who have reached the age of 80 cannot take out a BMW & MINI Flex by CARIFY subscription.

For vehicles with engine power greater than 350 horsepower, the customer must be over 30 years of age at the time of booking, unless otherwise expressly stated in another agreement.

2.2 Credit assessment

Each customer must provide proof of creditworthiness based on CARIFY’s requirements prior to signing a contract. The customer agrees that CARIFY will independently check his creditworthiness and obtain the necessary information for this purpose. CARIFY may request documents about the customer, related parties (family, employers, companies, credit card holders, etc.) such as IDs, bank statements, pay stubs or other relevant evidence, and use third party data or public data (credit check, commercial register, etc.) to enter into, continue or terminate a contractual relationship. The customer agrees that CARIFY may disclose personal data about him or her or to third parties.

If the customer’s creditworthiness does not meet the requirements of CARIFY or its partners, the booking request will be rejected. Payments already made will be refunded to the customer within a maximum of 20 days.

3. CARIFY subscription
   
   

3.1 Summary

By completing the booking process on one of the CARIFY platforms and accepting the General Terms and Conditions of Business and Use, the customer makes a legally binding booking request to the CARIFY partner for a CARIFY subscription. If the following conditions are met and the vehicle is available at the CARIFY Partner, a legally binding contract is concluded between the customer and the CARIFY Partner for the use of the vehicle selected by the customer against payment (CARIFY subscription). The parties to the CARIFY subscription are the customer and the CARIFY partner. CARIFY acts as closing agent for the CARIFY partner and confirms the conclusion of the CARIFY subscription and the establishment of the contractual relationship by sending the final booking confirmation to the customer.

3.2 Start of the BMW & MINI Flex by CARIFY Subscription

The BMW & MINI Flex by CARIFY Subscription and its first contractual month shall commence on the date of actual delivery to the Customer or collection by the Customer.

3.3 Scope of the CARIFY subscription

The BMW & MINI Flex by CARIFY subscription booked by the customer includes, unless otherwise agreed in writing between CARIFY and the customer:

• The proper use of the vehicle selected by the customer on one of the CARIFY platforms during the rental period and within the monthly free mileage indicated in the final booking confirmation
• the tires chosen by CARIFY
• The freeway vignette
• All registration fees and vehicle taxes
• Insurance benefits according to section 11
• All maintenance and repair work (see Clause 10), unless caused by the customer’s use contrary to the contract
  
  
  

3.4 Free kilometers

The number of free kilometers depends on the kilometer package of the subscription chosen by the customer. If the number of free kilometers is not reached during a month, the difference between the available number of free kilometers will be credited in the next contract month. Compensation for unused free kilometers at the end of the rental period is excluded.

If more than the contractually agreed free kilometers have been covered by the end of the rental period, each additional kilometer will be charged according to the additional kilometer costs specified in this contract. If a customer changes their mileage package, and therefore their subscription price and associated Extra KM cost, the highest Extra KM cost of all will automatically be applied to the total number of Extra Kilometers recorded at the end of the subscription.

3.5 Changing the kilometer package

Changing the mileage package is possible only once during the subscription period and each change is subject to an administration fee of CHF 50. Changes can be made only from the next month of rent.

During the minimum term:

The mileage package can be increased, but not decreased.

After the minimum term:

The mileage package can be increased or decreased once.

After notice has been given:

After termination by the customer, no changes can be made to the mileage package.

4. Payment

4.1 Monthly rate

The customer owes CARIFY a fixed monthly fee (in CHF incl. VAT/Sales Tax) for the services agreed upon in the contract. The customer remains obligated to pay on time, even if he cannot use the vehicle for any reason (e.g. due to maintenance or servicing).

4.2 Payment variants and payment method

The customer pays one monthly installment by credit card upon receipt of the booking confirmation and then another monthly installment every 30 days.

The credit card may be charged in case of damages, cleaning costs, extra kilometers or other justified claims.

4.3 Default of payment

If a claim is not settled by CARIFY or a CARIFY partner within the payment deadline, CARIFY may charge the customer directly for the additional costs incurred. The following amounts can be offset:

• Reminder no. 1: Lump sum 30 CHF
• Reminder no. 2: Lump sum 50 CHF

If the customer does not pay the outstanding invoices after the 2nd reminder, CARIFY is entitled to terminate the subscription without notice on behalf of the CARIFY Partner, to collect the vehicle at the customer’s expense, to invoice the customer for the subscription monthly fees until the next possible termination date and to charge the customer the fee for breach of contract and to assign the claims against the customer to a collection agency selected by CARIFY. The additional costs incurred by the collection agency shall be borne by the customer and accepted by him.

During the period of non-payment, the customer is not entitled to insurance benefits (e.g. replacement car, etc.).

5. Acquisition

5.1 Collection from CARIFY partner and home delivery

When booking his CARIFY subscription, the customer chooses between collection of the vehicle from the CARIFY partner or delivery organized by CARIFY to an address of his choice within Switzerland or the Principality of Liechtenstein (home delivery). Changes in delivery address less than five days in advance can not be guaranteed.

In the case of home delivery, the vehicle will be picked up from the CARIFY partner on behalf of the customer by a CARIFY employee or a person authorized by CARIFY. Mileage and fuel incurred between the pickup and delivery locations are the responsibility of the customer.

5.2 Acceptance and defects

A handover protocol is drawn up both when the customer takes over the vehicle independently from the CARIFY partner and when the vehicle is delivered to the customer’s home. The logs document the condition of the vehicle at the specified time (mileage, damage, general condition, etc.).

The customer must inspect the vehicle upon collection and note any defects/damage on the handover report. In case of serious defects/damage, the customer must refuse to accept the vehicle and contact CARIFY immediately.

5.3 Delay in the handover date

The requested handover date indicated in the booking is not guaranteed by CARIFY and the customer is not entitled to a replacement vehicle, financial compensation or cancellation of the subscription if the vehicle is not ready on the requested handover date.

6. Ownership
   
   

The vehicle is the property of the CARIFY partners or a third party. The customer does not acquire any ownership or other rights to the vehicle. The customer has no right to retain the vehicle for claims against CARIFY partners or CARIFY.

The customer shall keep the vehicle free from third party rights. He may not sell, rent, pledge, give away, assign as security, sublet or offer for car sharing the vehicle.

7. Use of the CARIFY subscription
   
   

7.1 Authorized users

The vehicles rented from the CARIFY platforms may be transferred by the customer to third parties (hereinafter referred to as “authorized users”) for use. The authorized users must meet the same requirements as the customer and are obliged to comply with the same obligations. The Client may authorize third parties who hold a learner’s permit valid in Switzerland to drive, provided that they comply with all traffic regulations applicable in Switzerland for such learner drivers. The customer remains the contractual partner in any case.

7.2 Geographical restrictions

The vehicle will be used mainly in Switzerland. The Vehicle Identification Card of the vehicles of CARIFY and its CARIFY partners is valid in Europe and the Mediterranean countries with the exception of Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Iran, Israel, Kazakhstan, Kosovo, Lebanon, Libya, Russian Federation, Syria, Ukraine.

7.3 General obligations of the customer during use

The customer has the following general obligations during the use of the vehicle and throughout the contract period:

1. The customer must comply with all legal obligations arising from the operation and maintenance of the vehicle by immediately informing CARIFY (e.g. warning lights, low tire tread, etc.).
2. The customer must comply with all traffic regulations in Switzerland and abroad.
3. The customer must ensure that the vehicle is adequately protected against theft.
4. The customer may not drive the vehicle on public roads without the attached license plates. It is not allowed to change license plates or attach them to other vehicles.
5. The customer must ensure that the vehicle is serviced and treated in accordance with the manufacturer’s operating and maintenance instructions. The customer is obliged to inform CARIFY immediately when a service or maintenance is due (e.g. when the customer has reached a certain mileage, when the vehicle indicates to the customer by a warning or service light, etc.).
6. The customer may not make any visual or technical changes to the vehicle.
7. Repairs, maintenance, servicing or tire changes may only be performed by a CARIFY partner.
8. The customer must not commit any crime with the vehicle.
9. The customer must inform CARIFY immediately if his driver’s license is revoked.
10. The customer must comply with the regulations applicable to the vehicle regarding the fuel to be used.
11. The customer is responsible for not smoking in the vehicle.
12. The customer is responsible for keeping the vehicle clean and that no animals are kept in it.
13. The customer must ensure that the vehicle is in a roadworthy condition each time it is driven.
14. The customer must inform CARIFY immediately of any accident or damage.

7.4 Service, maintenance and tires

CARIFY coordinates every service, maintenance or tire change and informs the customer about it in time. Upon request, the customer is obliged to hand over the vehicle to the CARIFY Partner or CARIFY for service or maintenance purposes, to have the vehicle changed and to leave it in the hands of the CARIFY Partner or CARIFY for the duration of the work. When changing tires, CARIFY and CARIFY partners are free to decide on the size, brand, make and material of the tires.

In case of extraordinary or unforeseeable work on the vehicle, the customer is obliged to ensure that the vehicle is in a roadworthy condition for each trip. If this is not the case, the customer may not use the vehicle under any circumstances and must inform CARIFY immediately. The customer may never outsource repairs, maintenance, tire changes or other work to third parties or perform them himself.

In the event of maintenance or service, CARIFY and the CARIFY Partner are not obligated to provide the customer with an equivalent replacement vehicle for the duration of the maintenance or service.

7.5 Prohibited activities

It is prohibited to use the vehicle for commercial purposes, for paid rides (such as UBER), at motor sport events, on skid courses, for towing or moving other vehicles, and for rides that require an official permit. Subletting and car sharing are not allowed.

7.6 Operating costs

Any additional work performed for CARIFY and its CARIFY Partner will be compensated as follows:

• Debt collection: 100 CHF + actual external costs for debt collection
• Return of the vehicle in case of breach of contract / early termination: Min. 500 CHF
• Return of the vehicle outside the agreed time window and without the consent of CARIFY and/or the CARIFY partner: CHF 200
• Standard cleaning of the vehicle (inside): 40 CHF
• Standard cleaning of the vehicle (exterior): 20 CHF
• Cleaning 1 seat: 50 CHF
• Removal of heavy soiling in general: 200 CHF
• Removal of heavy soiling of the vehicle by animals: 400 CHF
• Removal of heavy soiling of the vehicle due to smoking: 1800 CHF
• Violation of the obligation to notify in case of damage: 500 CHF
• Independent expert in case of discrepancies: 480 CHF
• Non-appearance or non-confirmation of appointments for delivery, service, maintenance or repair: 150 CHF
• KM package change / cancellation date: 50 CHF
• Change of vehicle registration card/license plate due to relocation: 75 CHF
  
  

These invoices must be paid within 10 days.

7.7 Fines and traffic violations

Fines and penalties for traffic violations for which the customer is responsible as well as the corresponding procedural costs shall be borne by the customer. The customer shall immediately indemnify CARIFY and CARIFY’s partners against such claims. CARIFY will inform the customer about the receipt of a penalty notice. If the customer does not respond or appeal the fine within 48 hours, CARIFY will charge the customer’s credit card for the amount of the fine and pay it on the customer’s behalf. CARIFY has the right to disclose the customer’s data to the authorities and to charge the customer for the efforts and costs incurred by the processing. Multiple traffic violations are considered as breaches of duty according to section 7.9.

7.8 Excessive mileage

CARIFY reserves the right to issue an interim invoice in the event of excessive mileage (2,000 km or more above the current monthly mileage rate) during the subscription period. If, for example, during maintenance of the vehicle it turns out that significantly more kilometers were driven than booked, an interim invoice is issued. CARIFY reserves the right to terminate the subscription without notice in case of excessive mileage.

7.9 Duty to cooperate and provide information

The customer is obliged to inform CARIFY immediately of any change in his residence, personal data or relevant information such as the loss of a valid driver’s license (e.g. confiscation). Furthermore, the customer is obliged to provide his personal data truthfully and transparently. If CARIFY fails to communicate a change in personal information, CARIFY may charge the customer for the expense incurred. If the customer is unavailable for more than 30 days, CARIFY may terminate the contractual relationship without notice on behalf of the CARIFY Partner.

7.10 Breaches of duty

In case of breach of duty by the customer, CARIFY has the right to terminate the contractual relationship without notice on behalf of the CARIFY Partner. In this case, the cost of returning the vehicle to the CARIFY partner shall be borne by the customer.

8. Termination of the CARIFY subscription
   
   

8.1 Ordinary termination of the CARIFY subscription by the customer

After expiry of the minimum term, the customer may terminate the subscription by giving 14 days’ notice to the end of each subscription month. The customer must cancel the subscription, otherwise it will automatically renew every month (regardless of the package). The cancellation must be made directly via the CARIFY platform.

8.2 Ordinary termination of the CARIFY subscription by the garage

Garage’s subscription cancellation policy depends on the type of package:

Flex packages: The garage must guarantee the vehicle up to 8 months after the minimum term. The garage must cancel the subscription 2 months in advance. If neither the workshop nor the customer cancels, the subscription is automatically renewed every month after the minimum term.

Example: The customer rents a vehicle with a minimum term of 6 months and does not cancel the subscription after the minimum term has expired. After 12 months of the contract, the garage could terminate, so the vehicle would return to the garage after 14 months (6 months minimum term + 8 months warranty with 2 months notice).

Fix packages: The garage must guarantee the vehicle until the end of the minimum term. The garage must cancel the subscription 1 month in advance. If neither the garage nor the customer cancels, the subscription will automatically renew every month after the minimum term expires.

Example: The customer rents a vehicle with a minimum term of 6 months. After 5 months of the contract, the garage could terminate so that the vehicle is returned to the garage after 6 months (6 months minimum term with 1 month notice).

CARIFY will make every effort, but will not be responsible in any way for finding a new or replacement vehicle if the subscription is cancelled by the repairer.

8.3 Premature Termination of the CARIFY Subscription by the Customer

The CARIFY subscription cannot be cancelled before the end of the minimum term chosen by the customer. If the customer cancels before the vehicle is delivered, CARIFY will charge a penalty fee of 500 CHF instead of the full booking amount. Once the vehicle has been handed over, cancellation is no longer possible and the customer must pay all monthly subscriptions until the end of the minimum contract period.

The subscription may be terminated before the end of the minimum contract period in the following cases:

• The customer is no longer able to use the vehicle for health reasons, whereby the health impairment must not be temporary and must be proven by a medical certificate.
• The customer dies or is declared missing by a court.
  
  

8.4 Early Termination of the CARIFY Subscription by CARIFY

CARIFY is entitled to terminate the contract early without notice for cause in the following cases:

• The customer is in arrears with the payment of the monthly fee and does not make full payment of the outstanding invoice even after the 2nd reminder (see section 4.3).
• The vehicle loses its registration, is impounded by the authorities or confiscated for reasons for which the customer or an authorized user is responsible.
• The vehicle has been used by a party to commit a crime or there is a corresponding strong suspicion of a crime.
• A significant deterioration in the customer’s financial circumstances is imminent or has already occurred.
• The customer loses or becomes limited in his legal capacity or dies.
• The insurance of the vehicle can no longer be concluded at conditions acceptable to CARIFY for reasons for which the customer is responsible, or the insurance coverage for the vehicle ceases to apply.
• The vehicle is a total loss for any reason, or the cost of repair, maintenance, or other work on the vehicle is too high for CARIFY (decision at CARIFY’s sole discretion).
• The customer uses the vehicle contrary to the contract, permits such use or uses services contrary to the contract.
• The customer provides incorrect information about his personal or financial circumstances at the time of the conclusion of the contract or has concealed facts that would have caused CARIFY to refuse the conclusion of the contract if they had been known to it.
• The customer moves his residence abroad or surrenders his driver’s license or is forced to do so (see Section 3).
• The customer refuses to provide the information required for the fulfillment of legal and official obligations.
• A criminal investigation will be initiated against the client in Switzerland or abroad.

Early cancellations by CARIFY will result in a fee of min. CHF 500, as mentioned in section 7.6.

8.3. Change of the termination date

Once a subscription has been cancelled, any change to the cancellation date is subject to the approval of CARIFY and the CARIFY Partner. If the change is accepted, an administration fee of 50 CHF will be charged.

9. Return of the vehicle
   
   

9.1 General

At the end of the rental period, the customer has the choice between returning the vehicle to the CARIFY partner or a return delivery organized by CARIFY from an address of his choice within Switzerland or the Principality of Liechtenstein (return delivery), subject to a charge. The date and place of return will be agreed by CARIFY together with the customer.

At the end of the rental period, the customer must return the vehicle to CARIFY’s CARIFY Partner with a full tank of gas, undamaged, cleaned, and in a roadworthy condition commensurate with the age and mileage of the vehicle, along with all related documents. The mileage and fuel required between the pick-up location and the delivery location shall be borne by the customer. Changes to the return address made less than five days in advance cannot be guaranteed.

9.2 Condition check

When the vehicle is returned, a return protocol on the condition of the vehicle is drawn up in the presence of the customer or his representative, in which the return of the vehicle and any detectable damage are recorded. The garage has the right to report any damage that could not be detected at the time of return (e.g. if the vehicle is too dirty or wet) within 24 hours of the vehicle’s return.

When the customer hands over the vehicle to a CARIFY supplier for return, the workshop will inspect the vehicle and prepare the return protocol within 24 hours of the supplier’s receipt of the vehicle.

9.3 Condition of the vehicle upon return

The damage to the vehicle is calculated by CARIFY on the basis of the CARIFY damage catalog rated In case of disagreement between the customer and CARIFY representatives or the CARIFY workshop partner about the condition of the vehicle, an independent expert will be consulted for an objective assessment of the condition. The cost of the independent expert will be charged to the customer.

9.4 Binding return and authorization

In the event of failure by the customer to comply with the return date, CARIFY and its CARIFY partners are entitled to collect the vehicle from the customer without a court order or deposit. The costs for the return will be charged to the customer.

The customer authorizes CARIFY representatives, the CARIFY partner or third parties authorized by CARIFY to enter the property or building where the rental vehicle is located in order to perform a repossession.

The customer is obliged to continue paying the agreed monthly fee and to fulfill all obligations, even if he is not responsible for the late return.

10. Insurance
    
    

The customer is insured for the duration of the rental relationship with the CARIFY insurance partner Zurich Insurance Company Ltd, P.O. Box, 8085 Zurich (hereinafter referred to as Zurich Insurance). Services include:

• Liability insurance with a sum insured of CHF 100,000,000 deductible per occurrence for drivers over 25 years of age CHF 0 per occurrence, deductible per occurrence for drivers under 25 years of age CHF 1,000 per occurrence.
• Comprehensive insurance with 1’000 CHF deductible per event.
• Partial cover insurance with 0 CHF deductible per event.
• Parking damage insurance with 0 CHF deductible per incident and max. 2 events per calendar year.
• Glass breakage plus
• Roadside assistance Europe with replacement vehicle with return to the garage of the CARIFY partner.
• 24/7 roadside assistance
  
  

The General Terms and Conditions of Insurance (GTCI) of the CARIFY insurance partner are applicable.

11. Damages and breakdowns
    
    

11.1 Obligation to report

In case of events such as accident, theft, loss, fire, game or other damage and the assertion of claims by third parties, the customer must immediately notify the insurance company and, if necessary, file a police report. This also applies to accidents caused by the customer himself without the involvement of third parties. Claims to the contrary may not be recognized and the customer may not repair damage himself.

In all these cases, as well as in the event of a breakdown, CARIFY’s insurance partner, Zurich Insurance, must be notified immediately.

In order for a loss to be covered by insurance, the customer is required by law to provide information about the circumstances under which the loss occurred. If such a declaration is missing or incomplete, the insurance will not cover the damage and the customer will have to pay the full amount of the repair.

11.2 Minor damage

In the event of minor damage, CARIFY may charge the customer the deductible for hull damage set forth in the Terms of Use.

11.3 Theft and total loss

In the event of total loss or theft, the CARIFY Partner and CARIFY, on behalf of the CARIFY Partner, have the right to terminate the CARIFY Subscription without notice.

11.4 Replacement vehicle

If your vehicle is no longer roadworthy due to an accident or breakdown, the customer is entitled to a replacement vehicle from the insurance company up to a maximum amount of CHF 4,000. If the costs for the replacement vehicle exceed CHF 4,000 (e.g. due to delivery difficulties of spare parts), CARIFY will not provide you with a replacement vehicle after the expiration of the replacement vehicle of the insurance.

11.5 Total loss of the vehicle

In case of a total loss of the vehicle caused by the customer or a third party, the subscription expires. CARIFY and the repair shop are not obligated to provide a vehicle in excess of the insurance coverage.

12. Final provisions

12.1 Changes and additions

Amendments or supplements to the Terms of Use as well as legally binding declarations of intent such as notices of termination or notices of defects must be made in writing (letter or e-mail) in order to be effective.

12.2 Applicable law, place of jurisdiction

The Terms of Use and all enclosures are governed by applicable Swiss law. The place of jurisdiction is Zurich, Switzerland.