When booking rental cars or related offers via the Movacar platform or the Movacar app, you enter into several contracts
- An intermediation contract with Movacar, which regulates the terms and conditions for the mediation of the contract between you and a carpool provider by Movacar.
- And one or more contracts for the rental of a vehicle or related offers with the lessor.
Movacar itself neither maintains its own rental car stations nor offers its own rental cars. In this respect, the offers presented on the Platform are exclusively offers of the following rental car providers. For contracts for the rental of a vehicle or related offers with the rental company, the General Terms and Conditions of the respective rental company shall apply in this respect, which you can find under the following links
In addition, travel insurance services can be booked via the Movacar platform or the Movacar app. They also enter into several contracts during this booking process.
- An intermediation contract with Movacar, which regulates the terms and conditions for the mediation of an insurance contract between you and the insurance company.
- And an insurance contract with the insurance company identified in each case, which specifies the terms of the insurance relationship.
You can obtain the initial information required by law, the product information sheet (IDIP) and the general terms and conditions of insurance for the insurance contract from the insurance company.
Below you will find the General Terms and Conditions underlying the aforementioned brokerage agreements with Movacar:
General terms and conditions
I. Scope of application, amendments
- Target Mobility GmbH, Eiderstedter Weg 5b, 14129 Berlin, registered in the Commercial Register of the Charlottenburg Local Court under No. HR B 195781 B ("Movacar"), operates the Movacar platform ("Platform") and the app of the same name ("App") via which selected offers from rental car providers ("Rental Firm") can be booked on the Platform or in the App by the Customer ("Customer"). These General Terms and Conditions ("GTC") govern the rights and obligations of Movacar and the Client.
- When booking an offer via the Platform or the App, the Client makes an offer to conclude two contracts. On the one hand, this is the contract with Movacar, which has as its object the mediation of a rental contract between the Client and the Rental Firm ("Mediation Contract"). On the other hand, the Client makes an offer to conclude a contract with the Rental Firm ("Contract"). These GTC exclusively regulate the contractual relationship between the Client and Movacar for the use of the Platform and the App as well as for the brokerage contracts. The contractual relationship of the Client with the Rental Firm shall be governed by the latter's contractual terms and conditions. Therefore, the Client must also confirm that it has taken note of the GTC of the respective rental company. The customer is obliged to inform himself about the consequences of the conclusion of a contract with the respective landlord.
- The development of internet-based services occasionally requires the further development of the services and their adaptation to new technical conditions or to changes in User behavior. In this context, Movacar may change the appearance and structure (look and feel) of the Platform and the App at any time.
In addition, Movacar may adapt the Platform and the App in a manner and to an extent that is reasonable for the Client, as is necessary due to significant circumstances beyond the control of Movacar. This shall apply in particular in the event of changes to relevant laws or case law, in the event of cybersecurity measures or in the event of changes to or the discontinuation of technical infrastructure required for the operation of the Platform and the App.
In order to provide all Clients with a uniform user experience, Movacar shall be entitled to adapt functionalities and services of the Platform or the App to an extent that is foreseeable, objectively justified and reasonable for the Client, even if the requirements of the preceding clauses are not met. Movacar may in particular:
- Replace functionalities and services with other functionalities and services with comparable functions
- (Re)assemble functionalities and services into service packages
- Discontinue individual functionalities and services without replacement - subject to a reasonable notice period
Movacar shall also be entitled to change the functional scope of the Platform and the App or to replace the Platform or the App with another mobile application with a comparable functional scope, provided that the Client remains able to continue using it by means of another technical solution.
II. Subject of performance
- Movacar offers customers the option of booking rental car offers from various rental companies via the platform or the app.
- Upon completion of the booking process via the Platform, the brokerage contract between the Client and Movacar shall be concluded in accordance with these GTC.
- Even if the Client wishes to change an existing booking and contacts Movacar in this regard, Movacar acts only as an intermediary.
- Movacar mediates the contract between the Client and the respective rental company under the conditions indicated by the rental company for the rental car offer selected by the Client.
- The subject of the brokerage contract is not the successful conclusion of a contract between the customer and the landlord.
- The contractual partner with regard to the provision of the vehicle within the framework of the contract is exclusively the respective lessor.
- Movacar shall take all reasonable measures to achieve the continuous availability of the Platform and the App and to restore it without delay in the event of disruptions occurring. Due to force majeure (e.g. armed conflicts, severe weather, industrial action) or due to the implementation of necessary maintenance, repair or other measures on the technical facilities of Movacar or on the technical facilities of third parties that provide data, content, information or transmission capacities, there may nevertheless be unavoidable, temporary disruptions, interruptions or a reduction in the performance (speed) of the Portal. In addition, intensive simultaneous use of the portal by a large number of customers can lead to a reduction in performance (speed).
- In case of technical malfunctions or other problems, the Client may contact Movacar's customer service (firstname.lastname@example.org).
III. Conclusion of a contract via the platform or the app
- By completing the booking process via the platform or the app, the customer submits an offer to conclude a contract with the lessor. Upon acceptance by the lessor, a contract is concluded under the terms and conditions of the specific offer between the lessor and the customer.
- The booking confirmation sent to the Client immediately after booking via the Platform or the App does not yet constitute acceptance by the Rental Firm, but only confirms that the request has been sent to the Rental Firm by Movacar.
- The acceptance of the Rental Firm is made by sending a booking confirmation to the Client. This confirmation is either sent directly by the Rental Firm or the latter commissions Movacar to send it.
- Usually this first contract with the landlord is a booking contract. This represents a binding reservation by the customer. The rental contract is only concluded upon collection of the rental car on site, if the customer fulfills the rental conditions of the respective rental company. For details, the customer can refer to the general terms and conditions of the respective rental company.
- After 72 hours, the customer is no longer bound by his offer. If the lessor does not accept the offer within this period, the contract between the customer and the lessor is not concluded.
IV. Prices and payment, deposit
- The prices shown in the booking process apply.
- The prices are based on the rental rate shown by the respective Rental Firm in the rental car offer ("Rental"). The prices for the rental contract between the Client and the Rental Firm may include the price for extras (e.g. additional insurance, navigation devices, special equipment features) and/or a fee in favor of Movacar ("Fee") as remuneration for the brokerage contract.
- The brokered rental contracts can be divided into two different categories. The rental contracts of the first category ("rent-free rental contracts") are arranged by Movacar for a fee of 1 €. The content of the rent-free rental contract is the rental of the vehicle for the transport of the respective vehicle to a previously determined location. No rent is charged for this category of rental contracts. The second category of rental contracts is mediated by Movacar at the rent previously determined by the Lessor.
- Payment is made online by credit card or via PayPal.
- Regardless of the choice of payment method, the customer must deposit his credit card information (Visa, MasterCard, American Express, Diners or Discover) with the rental company at the latest when picking up the rental car. Depending on the rental company, a certain deposit amount will be blocked or debited on the credit card by the rental company. Details on the deposit can be found in the respective general terms and conditions of the rental company.
- The customer may cancel the contract with the lessor at any time before the lessor provides services to the customer.
- Cancellation is possible by using a corresponding link in the booking confirmation or make the cancellation via the app.
- The consequences of a cancellation (e.g. the incurrence of cancellation fees) of the rental agreement with the landlord are governed by the general terms and conditions of the respective landlord.
- For the mediation of rent-free leases for a fee applies supplementary:
- If the fee is €1.00, the fee incurred is not refundable. This applies regardless of whether a rental agreement has already been concluded or not. In the event of cancellation of bookings where the agency fee is €99.00 (such as the Camper Van Rally offer), the fee will be refunded in full. If the cancellation is made within 24 hours of the start of the journey, the refund can be offset against the cancellation fee in accordance with point 4.c. A refund can take up to 7 working days.
- The rental companies can only offer the non-market rent for such a rental agreement because the Client, within the framework of the rental agreement arranged by Movacar, takes over the vehicle transport for the rental company to a new destination and thus saves the rental company the costs otherwise associated with the transport. In return, however, the Rental Firm is dependent on the fact that the vehicle transport is actually also carried out by a Client of Movacar. If rent-free rental agreements already concluded by the Client are cancelled at short notice and Movacar does not find a new Client at short notice who will carry out the vehicle transport, Movacar shall be liable to pay damages to the Rental Firm or may be obliged to organize the vehicle transport at its own expense. Movacar shall therefore inform the Client of this circumstance, the expected amount of damages and that Movacar may have to indemnify the Client for these costs before the booking is made.
- If the Client cancels later than 24 hours before the start of the trip and Movacar does not succeed in arranging the vehicle elsewhere, Movacar shall be entitled to demand a lump-sum compensation of €50 from the Client. The Client expressly reserves the right to prove that Movacar has not incurred the damages claimed or has incurred them in a different amount.
- As a special service, Movacar offers its customers to arrange insurance services in addition to the contract with the car rental provider, through which the deductible can be reduced in the event of damage.
- Movacar points out that the insurance contract is concluded directly between the Client and the insurance company. Claims arising from the insurance must be asserted directly against the insurance company. Important aspects such as the scope of services and the conditions of the claim are governed by the respective insurance conditions of the insurance company, which can be called up within the scope of the booking and are accepted by the Client by clicking on the checkbox for claiming the insurance and concluding the booking.
- Movacar points out that in the present case it cannot be determined whether the Client requires the insurance cover offered. This depends, among other things, on the insurance coverage the Client already has. It is therefore the Client's responsibility to check whether it requires the insurance offered.
- Movacar draws attention to the fact that in order to claim the insurance, certain formal requirements must be met, which are specified in the insurance conditions of the insurance company. The Client is responsible for their compliance.
- The insurance contract between the customer and the insurance company is only concluded when the rental contract for the rental car has been confirmed by the rental car provider and, in addition, the offer to conclude the insurance contract has been accepted by the insurance company. The fee will be collected directly by the insurance company after confirmation.
- The insurance policy and the insurance conditions are sent to the Client either directly by the insurance company or by Movacar. The insurance conditions are also available at any time on Movacar's website.
- If the Client decides to cancel the booking after confirmation of the rental contract, the insurance contract between the Client and the insurance company shall initially remain unaffected. If the cancellation is made by telephone via the Movacar hotline or via the Movacar online cancellation, Movacar shall at the same time send the insurance company a cancellation of the insurance contract on behalf of the Client. If the Client cancels directly with the car rental provider selected by the Client, the insurance contract shall not be automatically cancelled. The customer must cancel the insurance contract himself/herself towards the insurance company. The conditions for such cancellation are specified in the insurance terms and conditions.
- Movacar points out that if the Client takes out excess protection insurance and damage occurs, the Client must first pay the contractually agreed excess on the spot. The insurance conditions then regulate in detail how a damage report must be made and how the insurance company reimburses the excess. In this regard, Movacar points out the submission deadlines and specifications of the necessary documents according to the insurance conditions. This may also include the need to submit police records. Late or incomplete submission of the necessary documents may result in loss of the right to reimbursement of the excess. Furthermore, Movacar points out that certain damages are excluded from reimbursement. These include, in particular, damage not covered by the existing (main) comprehensive motor insurance of the vehicle, damage to the oil pan, damage resulting from the loss of the vehicle key and damage to the interior of the rented vehicle.
VII. Data use
Movacar shall protect the Client's personal data and shall use it exclusively to the extent that this is legally permissible or the Client has consented to its use; the Client can find more detailed information on this under the link "Data Protection". The Client shall grant Movacar the non-exclusive, transferable and sub-licensable right of use, unlimited in terms of time and content, to other data that either do not have any personal reference or whose personal reference has been removed (anonymized data).
VIII Rights and obligations of the customer
- The Client is responsible for the receipt of the Voucher. Movacar or the Lessor can only take responsibility for the sending, but not for the receipt. The Client is obliged to provide a working e-mail address through which he/she must ensure the receipt of the booking confirmation.
- When collecting the rental vehicle, the customer must present the booking confirmation sent to him (cf. Section III. 3.) in paper form or in electronic form (e.g. on a mobile device). Otherwise, the handover of the vehicle may be refused.
- Further rental conditions can be found in the general terms and conditions of the respective lessor.
- The Client is not permitted to conclude contracts for third parties via the Platform or the App in order to make direct profits from them. If there are indications of a violation of this Clause VII. 4., Movacar reserves the right to block the Client's User Account until the facts of the matter have been clarified. If the Client violates this Item VII. 4., Movacar shall be entitled to terminate the contract without notice.
- The customer is obligated to ensure that he does not violate the provisions of these GTC, legal provisions, rights of third parties or morality by using the platform or the app. This also applies if he grants third parties access to the platform or the app.
- When booking rental car offers, the contractual conditions and instructions of the respective rental company in its offer are to be observed.
- In the event of a culpable breach of the obligations in this Section VII, the Client shall be liable for compensation for all damages incurred by Movacar as a result thereof and undertakes to indemnify Movacar against any claims by third parties resulting from such breaches.
IX. Responsibility of Movacar, liability
- Movacar is not responsible for the timeliness, accuracy, completeness and / or quality of the car rental offers presented via the Platform or the App, which are compiled by Rental Companies. The information of the Rental Firm contained in the rental car offers is not checked and / or modified by Movacar with regard to content.
- Movacar is not responsible for the content of external websites.
- Movacar is not responsible for any damage caused by improper use of the Platform or the App.
- In all other respects Movacar shall be liable in accordance with the following provisions:
- If Movacar is liable for damage caused by slight negligence on the basis of statutory provisions, Movacar's liability shall be limited: In this case, liability shall only exist in the event of a breach of material contractual obligations. Moreover, this liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract.
- Irrespective of any fault on the part of Movacar, any liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee and in accordance with the Product Liability Act shall remain unaffected.
- The personal liability of Movacar's legal representatives, vicarious agents and employees for damage caused by them through slight negligence shall be excluded. For damages caused by them through gross negligence, with the exception of the legal representatives and executives, the limitation of liability provided for Movacar in this respect in Section VIII. 4. a) shall apply accordingly.
- The limitations of liability in this Section VIII shall not apply in the event of injury to life, limb or health.
X. Contract term and termination
- Movacar may terminate the contract on the use of the Platform or the App with six weeks' notice.
- The Client may terminate the contract on the use of the Platform or App at any time by deleting its User Account. For any still existing brokerage contracts of the Client with Movacar, these GTC shall continue to apply beyond the termination date.
XI. Place of jurisdiction and applicable law
- The exclusive place of jurisdiction for all claims arising from and in connection with the contract via the platform or the app is Berlin, Germany, if the customer is a merchant.
- If the Client is a consumer, Movacar may sue him only at the court competent for his place of residence or habitual abode; the Client, on the other hand, may sue Movacar at any legally permitted place of jurisdiction in addition to the court competent for his place of residence or habitual abode.
- The law of the Federal Republic of Germany shall apply exclusively to all disputes arising from or in connection with the contract via the platform or the app; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a consumer, this shall not apply insofar as mandatory consumer protection provisions under the law of the state in which the consumer is domiciled or habitually resident at the time of conclusion of the contract conflict with the application of German law.
XII Severability clause
Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come as close as possible to the economic purpose of the contract while reasonably safeguarding the interests of both parties.
XIII Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
For legal purposes the German version is the only legal version and can be found here.