When booking rental cars or related offers via the Movacar platform or the Movacar app, you enter into several contracts

  1. 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.
  1. 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

Sixt

UFO Drive

VW FS Rent-a-Car

Enterprise Rent-a-Car

Ubeeqo

CarlundCarla.de

ADAC Club Mobil

Europcar

Europcar Schweiz

Buchbinder

Indie Campers

roadsurfer

Freeway Campers

Off Campers

Roadfans

Carvia

Starcar


The insurance benefits are subject to the General Terms and Conditions of the respective insurer, which are displayed during the booking process and in the booking confirmation.

Below you will find the General Terms and Conditions for the use of Movacar, which exclusively govern the contractual relationship between you and Target Mobility:

General Terms and Conditions of Target Mobility GmbH for the use of Movacar

Stand: 22.07.2024

§ 1 Provider, object and scope of application

  1. Target Mobility GmbH, Eiderstedter Weg 5b, 14129 Berlin, registered in the commercial register of Charlottenburg Local Court under no. HR B 195781 B ("Target Mobility"), offers customers the opportunity to book selected one-way rental offers from car hire providers ("Lessors") and matching offers from insurers ("Insurers") via the URL movacar.de and via a smartphone application ("App") ("Movacar").
  2. The subject of these General Terms and Conditions ("GTC") is the conclusion of a contract for the use of Movacar via the web application of the browser and via the app as well as the conclusion of individual brokerage contracts.
  3. The GTC are aimed at consumers within the meaning of § 13 BGB.

§ 2 Download the app

The app is offered to the customer by Target Mobility for download free of charge via an app store of the respective operator. The contractual partner for the use of the app is Target Mobility, not the operator of the app store.

§ 3 Registration for Movacar and conclusion of the user contract

  1. In order to use Movacar's services, the customer must create a customer account by entering a valid e-mail address and assigning a password.
  2. Upon successful creation of the customer account, a contract for the use of Movacar is concluded on the basis of these GTC ("User Contract").

§ 4 Content of the licence agreement, object of performance

  1. Once the user contract has been concluded, Movacar essentially offers the following functions:
    • Reservation of car hire offers (cf. 6 Para. 3)
    • Booking of suitable travel insurance services (cf. 7)
    • Recording damage to the vehicles to be transferred
  2. Target Mobility endeavours to ensure that Movacar always corresponds to the state of the art. Target Mobility is entitled to regularly carry out or introduce updates, new versions or upgrades of Movacar (hereinafter collectively referred to as "Updates"), in particular to adapt Movacar to new technical or business requirements, to respond to user behaviour, to implement new functions, to make changes to existing functionalities or to comply with legal requirements.
  3. In order to adapt Movacar to new or changed legal, technical or business requirements or if there is another valid reason, Target Mobility may also carry out updates that significantly restrict the customer's use of Movacar for the purpose of the contract ("Significant Change"). In the event of material changes, Target Mobility will inform the customer by email of the features and timing of the material change within a reasonable period before the material change is implemented.
  4. The customer is granted a non-exclusive, non-transferable, non-sublicensable, geographically unlimited right to use Movacar and all content and information obtained through it for the duration of the licence agreement and subject to these GTC. Insofar as the right of use granted in accordance with this provision relates to software, the right of use extends only to the use of the object code. Processing of the software or conversion of the object code into the source code (decompilation) is only permitted to the extent that a decompilation right enshrined in the applicable law cannot be excluded.

§ 5 Availability of Movacar

  1. Target Mobility shall take all reasonable measures to ensure the continuous availability of Movacar and to restore it immediately in the event of disruptions. Due to force majeure (e.g. armed conflicts, storms, industrial action) or due to the performance of necessary maintenance, repair or other measures on the technical equipment of Target Mobility or on the technical equipment 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 Movacar. In addition, intensive simultaneous use of Movacar by a large number of customers can lead to a reduction in performance (speed).
  2. In the event of technical faults or other problems, the customer can contact Target Mobility's customer service ([email protected]).

§ 6 Conclusion of individual contracts via Movacar, contract contents

  1. When booking an offer via Movacar, the customer submits an offer to conclude several contracts. On the one hand, this is the contract with Target Mobility, the purpose of which is to broker a one-way vehicle rental contract between the customer and a lessor ("brokerage contract"). On the other hand, the customer submits an offer to conclude a contract with a lessor ("contract").
  2. Agency agreement between Target Mobility and the customer:
    1. Upon completion of the booking process via Movacar, the agency agreement between the customer and Target Mobility is concluded in accordance with these GTC.
    2. The object of the brokerage contract is not the successful conclusion of a contract between the customer and the respective landlord. The landlord alone decides on the conclusion of the contract. Only upon acceptance by the landlord is a contract concluded between the respective landlord and the customer.
    3. Target Mobility mediates the contract between the customer and the respective rental company under the conditions specified by the rental company for the offer selected by the customer. The contractual relationship between the customer and the respective lessor is governed by the lessor's terms and conditions. The customer must therefore also confirm that he/she has taken note of the GTC and the additional terms and conditions for customers of the respective rental company brokered by Target Mobility. The customer is obliged to inform himself about the consequences of concluding a contract with the respective lessor.
    4. If the customer wishes to change an existing booking and contacts Target Mobility in this regard, Target Mobility merely acts as an intermediary.
  3. Contract between customer and landlord:
    1. The booking confirmation sent to the customer immediately after booking via Movacar does not constitute acceptance by the Rental Firm, but only confirms that the enquiry has been sent to the Rental Firm by Target Mobility.
    2. After 72 hours, the customer is no longer bound by his offer. If the landlord does not accept the offer within this period, no contract is concluded between the customer and the landlord.
    3. The timely sending of the booking confirmation by the landlord initially results in the conclusion of a reservation contract between the customer and the respective landlord.
    4. The rental contract is only concluded when the customer collects the rental car on site if the customer fulfils the rental conditions of the respective rental company (rental conditions may be, for example, the presentation of a credit card in the name of the renter and a valid driving licence). The customer can find details on this in the general terms and conditions of the respective rental company, which are solely authoritative for the reservation and rental contract between the customer and the insurer.

§ 7 Additional insurance cover via Movacar, if applicable

  1. The customer may be offered additional insurance cover via Movacar during the ordering process.
  2. Certain formal requirements must be met in order to utilise the insurance (e.g. age limits), which can be found in the insurance conditions of the respective insurer. The customer is responsible for ensuring that all personal requirements are met.
  3. The insurance policy and the terms and conditions of insurance will be sent to the customer by Target Mobility. The insurance terms and conditions can also be accessed at any time via Movacar.
  4. The customer will only be included in the respective insurance cover once the insurance certificate has been sent to the customer by Target Mobility.
  5. Target Mobility is not obliged to determine whether the customer actually needs the insurance cover offered. This depends, among other things, on what insurance cover the customer already has or is claiming through the hire company. It is therefore the customer's responsibility to check whether they need the insurance offered.
  6. Even if the customer has booked the so-called "Movacar Carefree Package" including excess transfer insurance, he must first pay the excess contractually agreed with the rental company in the event of damage on site. The insurance conditions then regulate in detail how a damage report must be made and how the insurer reimburses the excess. It is the customer's responsibility to comply with the provisions of the insurance conditions in the event of a claim, in particular the submission deadlines and other requirements for the necessary documents. This may also include the submission of police reports. Late or incomplete submission of the necessary documents may result in a loss of entitlement to reimbursement of the excess. In accordance with the insurance conditions, certain losses may also be excluded from reimbursement. In particular, this may include damage that is not covered by the vehicle's existing (main) comprehensive motor insurance, damage to the oil pan, damage resulting from the loss of the vehicle key and damage to the interior fittings of the hire vehicle. Details are governed by the insurance conditions of the respective insurer, which alone are authoritative.

§ 8 Remuneration

  1. The prices shown in the booking process apply to the arrangement by Target Mobility.
  2. If it is not a rent-free one-way rental, the prices for the vehicle rental are based on the rental rate shown by the respective rental company in the booking process. The prices for the rental agreement between the customer and the rental company may include prices for extras (e.g. additional insurance, navigation devices, special equipment features, free cancellation or additional drivers).
  3. For any additional insurance cover via Movacar (cf. 7), the prices shown in the booking process also apply. Details can be found in the information in the booking process and the general insurance conditions displayed there.
  4. Target Mobility is entitled to collect or reserve a deposit on the credit card to ensure that the vehicle is transported in accordance with the contract, in particular to cover the maximum rental period, cancellation at short notice and, if applicable, the mandatory documentation to be carried out. The amount of the deposit is determined by the details in the order process and will be refunded or released within 10 working days after the vehicle has been returned properly.
  5. Payment of the agency fee and the insurance fee is made online by credit card or via PayPal. Payment of the rental fee, including all other additional costs incurred for extras as part of the rental agreement, must be paid to the hire company when the vehicle is collected.

§ 9 Cancellation of brokered rental agreements

  1. The customer may cancel the contract with the lessor at any time before the lessor provides the service to the customer.
  2. Cancellation is possible via a link in the booking confirmation. Alternatively, the customer can make the cancellation via the app.
  3. The consequences of a cancellation (e.g. the incurrence of cancellation fees) of the reservation or rental contract with the landlord are governed by the general terms and conditions of the respective landlord.
  4. The following also applies to the brokerage of rent-free rental agreements in return for a brokerage fee:
    1. Rental companies are only able to offer the rent that is not customary for vehicle rental agreements or the rent-free rentals because the customer, as part of the rental agreement brokered by Target Mobility, takes over the transport of the vehicle to a new destination for the rental company, thus saving the rental company the costs that would otherwise be associated with the transport. In return, however, the lessor is dependent on the vehicle transport actually being carried out by a Target Mobility customer. If rent-free rental agreements already concluded by the customer are cancelled at short notice and Target Mobility is unable to find a new customer to transport the vehicle at short notice, Target Mobility may be liable to pay damages to the lessor or may be obliged to organise the vehicle transport at its own expense. Target Mobility therefore draws the customer's attention to this circumstance, the expected amount of compensation and the fact that Target Mobility may have to indemnify the customer for these costs before the booking is made.
    2. Against this background, the following applies: If the customer cancels later than 48 hours before the start of the journey , Target Mobility is entitled to demand a flat-rate compensation of € 50.00 from the customer. Non-collection of the rental car is also deemed to be a cancellation. The customer expressly reserves the right to prove that Target Mobility has not incurred the damages claimed or has incurred them in a different amount. Target Mobility reserves the right to claim the damage actually incurred by Target Mobility instead of the flat-rate compensation.
    3. or some offers, in particular for camper vans, the following applies in deviation from the above: In the course of the booking, Target Mobility will collect a reservation fee of €100.00 in addition to the referral fee, which will be fully refunded after the vehicle has been returned. In the event of cancellation up to seven days before collection, the fee will also be refunded in full. A refund can take up to seven working days. In the event of cancellation less than seven days before collection, the fee will be retained as a lump sum compensation. The customer expressly reserves the right to prove that Target Mobility has not incurred the damages claimed or has incurred them in a different amount. Target Mobility reserves the right to claim the damage actually incurred by Target Mobility instead of the lump-sum compensation.
    4. If the agency fee is € 1.00, the fee incurred is non-refundable. This applies regardless of whether a reservation or rental contract has already been concluded or not. If the agency fee is more than € 1.00, it will be refunded in full in the event of cancellation.
  5. If applicable, for additional insurance cover in accordance with 7 will be refunded in full in the event of cancellation.

§ 10 Data utilisation

Target Mobility protects the customer's personal data and uses it only to the extent permitted by law; the customer can find more detailed information on this under the Data Protection link. The customer grants Target Mobility the non-exclusive, transferable and sub-licensable right to use other data that either has no personal reference or whose personal reference has been removed (anonymised data).

§ 11 Further obligations of the customer, liability

  1. The customer is responsible for the receipt of all communications within the scope of these GTC and the contracts to be brokered. Target Mobility or the lessor or insurer can only assume responsibility for the dispatch, but not for the receipt. The customer is obliged to provide a functioning e-mail address via which he must ensure receipt of the messages.
  2. When collecting the hire car, the customer must, in particular, read the booking confirmation sent to him (cf. 6 Para. 3)c.) 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 rental company.
  3. Further obligations arise from the information in the order process:
    1. Depending on the type of booking and the lessor, these may include, for example, comprehensive (photo) documentation obligations in the app when picking up and returning the vehicle, the obligation for the customer to carry out an identification procedure with a third-party provider designated by Target Mobility and / or the obligation to register in an online environment of the lessor before picking up the vehicle.
    2. Mandatory documentation: If the customer fails to carry out the specified mandatory documentation, Target Mobility is entitled to a flat-rate compensation of € 50.00. To secure this claim, Target Mobility may collect a deposit from the customer after booking. The customer will be expressly informed of this in the ordering process. The customer is at liberty to prove that Target Mobility has actually incurred less damage. Target Mobility reserves the right to claim the damage actually incurred by Target Mobility instead of the lump-sum compensation.
    3. Maximum rental period: If the customer exceeds the maximum rental period specified in the booking, Target Mobility is entitled to lump-sum compensation of € 50.00 for each 24 hours or part thereof. This is because the rental companies can only offer the rent that is not customary for vehicle rental agreements or the rent-free rentals because the customer, as part of the rental agreement arranged by Target Mobility, takes over the transport of the vehicle for the rental company to a new destination and at a specific time, thus saving the rental company the costs otherwise associated with the transport. In return, however, the lessor is dependent on the vehicle transport actually being carried out on time by a Target Mobility customer. If the customer returns the vehicle too late, Target Mobility may be liable to pay compensation to the lessor. Target Mobility therefore draws the customer's attention to this fact before the booking is made and to the fact that Target Mobility may have to indemnify the customer for these costs.
    4. Maximum distance travelled ("free kilometres"): If the customer exceeds the free kilometres specified in the booking with the vehicle during the rental period, Target Mobility will charge the customer for the excess kilometres driven at the kilometre rate shown in the order process.
  4. The customer must also comply with the (possibly pre-contractual) obligations arising from the Rental Firm's General Terms and Conditions and from the (transport) hire contract to be concluded by the customer with the Rental Firm on site.
  5. The customer is not permitted to conclude contracts for third parties via Movacar in order to make a direct profit. If there are indications of a breach of this provision, Target Mobility reserves the right to block the customer's user account until the facts of the case have been clarified. If the customer violates this provision, Target Mobility has the right to terminate the contract without notice.
  6. The customer is obliged to ensure that the use of Movacar does not violate the provisions of these GTC, statutory provisions, the rights of third parties or common decency. This also applies if he grants third parties access to Movacar.
  7. In the event of a culpable breach of the obligations under these GTC, the customer shall be liable for compensation for all damages incurred by Target Mobility as a result.

§ 12 Liability of Target Mobility

  1. Target Mobility is not responsible for the topicality, accuracy, completeness and/or quality of the car hire offers presented via Movacar, which are compiled by the landlords. Target Mobility does not check and/or modify the content of the information contained in the rental car offers.
  2. Target Mobility is not responsible for the content of external websites.
  3. Target Mobility is not responsible for damage caused by improper use of Movacar by the customer.
  4. Strict liability pursuant to § 536a para. 1 Alt. 1 BGB due to defects that already existed at the time the contract with Movacar was concluded is excluded.
  5. Target Mobility shall otherwise be liable in accordance with the following provisions:
    1. If Target Mobility is liable under statutory provisions for damage caused by slight negligence, Target Mobility's liability shall be limited: In this case, liability exists only in the event of a breach of material contractual obligations. This liability is also limited to the typical damage foreseeable at the time the contract was concluded.
    2. The personal liability of Target Mobility's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. For damage caused by gross negligence on their part, with the exception of legal representatives and senior executives, the relevant provisions for Target Mobility in 12 Para. 5) a. shall apply accordingly.
  6. The limitations of liability of this 12 shall not apply in the event of injury to life, limb or health, fraudulent concealment of a defect, the assumption of a guarantee and liability under the Product Liability Act.

§ 13 Contract term and cancellation

  1. Target Mobility may terminate the contract for the use of Movacar with a notice period of six weeks.
  2. The customer may terminate the contract for the use of Movacar at any time by deleting their user account. These GTC shall continue to apply to any existing brokerage contracts between the customer and Target Mobility beyond the date of termination.

§ 14 Place of jurisdiction and applicable law

  1. The exclusive place of jurisdiction for all claims arising from and in connection with these GTC is Berlin, Germany, if the customer is a merchant.
  2. If the customer is a consumer, Target Mobility may sue the customer only at the court having jurisdiction over the customer's domicile or habitual residence; the customer may, however, sue Target Mobility at any legally authorised place of jurisdiction in addition to the court having jurisdiction over the customer's domicile or habitual residence.
  3. The law of the Federal Republic of Germany shall apply exclusively to all disputes arising from or in connection with these GTC; 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 country in which the consumer is domiciled or habitually resident at the time of conclusion of the contract conflict with the application of German law.

§ 15 Severability clause

Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, the parties shall agree on such provisions that come closest to the economic purpose of the contract while reasonably safeguarding the interests of both parties.

§ 16 Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. Target Mobility is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

The document was translated using www.deepl.com. For legal purposes the German version is the only legal version and can be found here.