General Rental and Business Terms and Conditions (GTC)

These General Rental and Business Terms and Conditions govern the contractual relationship between you, as the renter, and mo2drive GmbH regarding the rental and use of mo2drive vehicles.

By submitting a binding booking, you make an offer to enter into a rental agreement. The agreement is concluded when mo2drive confirms the booking in writing or electronically. An automatically generated acknowledgement of receipt constitutes acceptance only if it is expressly designated as a booking confirmation.

The Terms and Conditions and Price List in force at the time the agreement is concluded form part of the rental agreement. Any deviating arrangements expressly stated in the booking confirmation or rental agreement take precedence over these Terms and Conditions.

mo2drive rents out motorised two-wheeled vehicles of various makes and vehicle categories. The specifically rented vehicle or agreed vehicle category is stated in the booking confirmation or rental agreement.

To use a vehicle, you must be at least 16 years old and hold a valid driving licence recognised in Austria for the respective vehicle category. The original driving licence must be presented when the vehicle is collected and carried during every journey. Driving licences issued outside the European Economic Area may additionally require an international driving permit or a legally recognised translation.

Persons under 18 years of age require the written consent of their legal representative before entering into the agreement. mo2drive may request appropriate proof of such consent.

If your driving licence is suspended, withdrawn, lost, expired or restricted, you must no longer use the vehicle and must inform mo2drive immediately.

Legal entities may rent vehicles and nominate riders, provided that those riders meet all the requirements set out in Section 2. The names of the authorised riders and their respective periods of use must be provided to mo2drive in writing or electronically before use begins.

The renting company is responsible for ensuring that its nominated riders comply with these Terms and Conditions and all contractual obligations. The vehicle may not be transferred to any person who has not been registered with or authorised by mo2drive.

The vehicle may not be used for transport, courier, delivery or similar services. In the event of proven unauthorised commercial use, mo2drive may terminate the agreement for good cause and charge the contractual penalty or additional fee stated in the Price List in force when the agreement was concluded. Any additional loss may be claimed only to the extent that it is not already covered by the contractual penalty or additional fee.

Where there are reasonable grounds to suspect unauthorised use, mo2drive may request appropriate evidence and an inspection of the vehicle. Before terminating the agreement, the renter must generally be given an opportunity to comment, insofar as this is reasonable in view of the urgency and seriousness of the suspected breach.

Before the vehicle is handed over, mo2drive will verify that the eligibility requirements have been met. If the vehicle cannot be handed over because of a missing or invalid driving licence, missing consent from a legal representative or another circumstance attributable to the renter, the cancellation and no-show provisions of the Price List in force when the agreement was concluded will apply.

Visible pre-existing damage should be recorded in a handover report or by means of photographs. If you notice any additional visible damage or discrepancy, you must inform mo2drive immediately. The statutory allocation of the burden of proof remains unaffected.

If the booked vehicle cannot be provided, mo2drive may offer a technically and functionally equivalent or higher-category replacement vehicle. If no reasonable replacement vehicle is available, any payments already made for the period during which the rental service was not provided will be refunded. Further statutory rights remain unaffected.

The vehicle must be returned at the agreed time and location. It must be in a condition consistent with proper contractual use and returned complete with all keys, vehicle documents, helmets, chargers, batteries and other accessories provided.

The vehicle must be parked correctly, securely and in accordance with applicable law. In particular, it may not be parked in loading zones, residents-only parking zones, driveways, on pavements, on private property or in any other prohibited location. Unless otherwise agreed, it must be returned clean and fully refuelled or with the agreed minimum battery charge.

You remain responsible for the vehicle until it has been properly returned. In the event of late, incomplete or otherwise improper return, mo2drive may charge the fees stated in the Price List in force when the agreement was concluded together with any necessary and actual recovery or restoration costs. Any additional damages claimed for the same loss must be reduced by the amount of fees already charged for that loss.

Accidents, damage, breakdowns, loss, theft and vandalism must be reported to mo2drive immediately by telephone or through the designated contact channel. You must take all reasonable measures to prevent further damage and preserve evidence.

The police must always be notified in the event of personal injury, theft, vandalism, a hit-and-run incident, uncertainty regarding liability or upon a reasonable request by mo2drive. Any statutory reporting obligations remain unaffected.

In the event of an accident or damage, meaningful photographs must be taken of the vehicle, any other vehicles involved, the accident location and the surrounding area. A fully completed accident or damage report must be submitted to mo2drive without undue delay and no later than within five calendar days.

Without mo2drive’s consent, you may not make any declaration acknowledging liability, waiving claims or concluding a settlement. This does not affect your obligation to provide truthful information to the police, public authorities and insurers.

Repairs, towing or other work on the vehicle may only be commissioned with mo2drive’s prior consent, unless immediate action is necessary to prevent a specific danger.

In the event of a breakdown, the vehicle must be parked safely and mo2drive must be notified immediately. The vehicle may not continue to be used if doing so could endanger any person or cause further damage.

If you culpably breach your reporting, cooperation or loss-mitigation obligations, you are liable only to the extent that the breach specifically impedes the assessment or settlement of the claim, adversely affects insurance cover or increases the loss.

You must use the vehicle carefully and in accordance with applicable law, the manufacturer’s instructions and mo2drive’s instructions. Before every journey, the vehicle must be checked for visible safety-related defects. Warning indicators, unusual noises, technical problems or damage must be reported to mo2drive immediately.

The vehicle may only be used by riders named in the rental agreement or booking confirmation and only within the agreed area of use. Trips outside the agreed area of use require mo2drive’s prior consent. Trips abroad are not permitted.

Driving under the influence of alcohol or drugs is prohibited. A contractual limit of 0.0‰ applies. Participation in motorsport events, races, rider training, driving tests, unauthorised commercial transport or delivery services, the transportation of dangerous or unsuitable items, unauthorised modifications or tampering, and use without a valid rental agreement are also prohibited.

Smoking on or immediately next to the vehicle is prohibited where this could adversely affect the vehicle, its accessories or other persons.

Passengers may only be carried if the vehicle is approved for carrying a passenger. On motorcycles, passengers must be at least twelve years old and must be able to reach the designated passenger footrests safely. The statutory helmet requirement, maximum permitted number of persons and maximum permissible weight of the respective vehicle must be observed.

Whenever the vehicle is parked, it must be properly secured. The steering lock and any additional security equipment provided must be used. Keys, vehicle documents and removable batteries may not be left unattended or in a location easily accessible to unauthorised persons.

You are responsible for traffic offences, tolls, parking charges, on-the-spot fines, administrative penalties and towing costs incurred during the rental period. In addition, the processing fee stated in the Price List in force when the agreement was concluded may be charged.

Upon a reasonable request by mo2drive, you must provide information about the location and condition of the vehicle and permit an inspection following reasonable prior notice.

The batteries, chargers and charging cables of electric vehicles must be used properly, carefully and in accordance with the manufacturer’s instructions. Charging may only be carried out using chargers provided or expressly approved by mo2drive and connected to suitable and safe power sources.

Damaged, deformed, unusually hot or otherwise abnormal batteries must not be charged or used. In such cases, mo2drive must be notified immediately.

Prolonged complete discharge, improper storage, moisture, extreme heat, dropping the battery, forcibly opening it or using an unauthorised charger may permanently damage the battery and must be avoided.

When the vehicle is returned, the battery must have the minimum charge level agreed or stated on the website or in the return instructions.

Liability for loss, theft, deep discharge or damage to a battery is governed by Section 8 and the Price List in force when the agreement was concluded. Normal wear and tear, age-related loss of capacity and technical defects not caused by the renter are not the renter’s responsibility.

All vehicles are covered by statutory third-party motor liability insurance. This insurance generally covers damage caused to third parties, but not damage to the rented vehicle itself.

Where you are liable for damage to the rented vehicle under applicable law, you are generally liable for the amount of the actual loss incurred. Normal wear and tear and technical defects not caused by you do not constitute loss for which you are liable.

Before the rental begins, an optional contractual reduction of liability may be agreed. This may also be described on the website as a fully comprehensive cover option. The available liability levels, excesses, fees and periods of validity are set out exclusively in the Price List in force when the agreement is concluded and in the booking confirmation. Unless expressly stated otherwise in the booking confirmation, the reduction of liability does not constitute a separate insurance contract between you and mo2drive.

Unless an optional reduction of liability has been expressly agreed, your statutory liability is not contractually limited. The reduction of liability applies for the agreed and paid rental period and separately to each independent loss event. Multiple items of damage resulting from the same event are treated as one loss event. If the actual loss is lower than the agreed excess, only the lower amount is payable.

The reduction of liability selected for the vehicle does not apply to batteries. In the event of loss, theft, deep discharge or damage to a battery, the separate excess stated in the Price List in force when the agreement was concluded applies irrespective of the vehicle option selected. Liability remains limited to the actual and documented repair or replacement loss.

If the same loss event affects both the vehicle and a battery, the vehicle excess and battery excess will not be added together. The higher applicable excess will apply. If the Price List expressly states that the battery excess applies per battery, it will apply separately to each affected battery where more than one battery is lost or damaged.

The reduction of liability does not apply to loss caused intentionally or through gross negligence. It may also cease to apply to the extent that the loss was caused or increased by driving under the influence of alcohol or drugs, permitting an unauthorised person to use the vehicle, unauthorised use, a serious breach of security obligations or a culpable breach of reporting and cooperation obligations.

Fines, administrative penalties, towing costs, processing fees and the loss of or damage to keys, vehicle documents, helmets, chargers or other accessories are not covered by the reduction of liability for the vehicle. Applicable law and the Price List in force when the agreement was concluded will apply to these items.

mo2drive is liable for loss caused intentionally or through gross negligence in accordance with applicable law.

In cases of slight negligence, mo2drive is liable for personal injury and for breaches of material contractual obligations. Liability for property damage and financial loss resulting from a slightly negligent breach of a material contractual obligation is limited to loss that is typical of the agreement and reasonably foreseeable. Mandatory statutory liability, warranty and damages claims remain unaffected.

mo2drive is liable for personal belongings left in or on the vehicle only where their loss or damage was culpably caused by mo2drive or a person for whom mo2drive is legally responsible.

Mobile phone holders, USB ports and comparable additional equipment must be used in accordance with the manufacturer’s instructions and road traffic regulations. Liability for defects in such equipment for which mo2drive is responsible remains unaffected.

If the vehicle cannot be used because of a technical defect not caused by the renter, mo2drive may provide a reasonable replacement vehicle. If this is not possible, the rental charge will be refunded proportionally for the documented period during which the vehicle could not be used. Further statutory rights remain unaffected.

Rental prices, excesses, additional services, processing fees, contractual penalties and charges for loss or damage are governed exclusively by the Price List in force when the agreement is concluded. The relevant version of the Price List should be identified in the booking confirmation by its date or version number.

The binding total price of the booked rental service will be displayed before the booking is completed or stated in the booking confirmation. If an extension is subsequently agreed, the Price List in force when the extension is agreed will apply.

Unless expressly agreed otherwise, the rental charge must be paid before the vehicle is handed over using the payment method specified in the booking or invoice. mo2drive may withhold the vehicle until all amounts due have been paid in full.

Additional costs will only be charged where the requirements of these Terms and Conditions and the Price List in force when the agreement was concluded have been met. Claims for damages remain limited to the actual loss incurred. Any flat-rate charges or fees already charged for the same loss must be deducted.

Following a prior reminder, outstanding claims may be transferred or assigned to a debt collection agency or legal representative. Necessary and reasonable recovery and enforcement costs may be charged to the extent permitted by law.

Extensions must generally be paid for in advance. An extension only comes into effect once full payment has been received and mo2drive has expressly confirmed it in writing or electronically. Until then, the originally agreed return date remains binding. Any expressly agreed individual arrangements to the contrary remain unaffected.

A fixed-term rental agreement ends automatically when the agreed rental period expires, without separate notice being required. An extension may only take effect in accordance with Section 10.

Early return of the vehicle is possible but does not entitle the renter to a full or proportional refund of the rental charge, unless expressly agreed otherwise or required by mandatory law.

An open-ended rental agreement may be terminated by either party in writing or electronically, subject to 30 days’ notice.

A booking may be cancelled before the rental begins in accordance with the cancellation terms stated in the Price List in force when the agreement was concluded. Cancellation must be declared in writing or electronically. The relevant time for meeting a cancellation deadline is the time at which mo2drive receives the cancellation.

For a contract for the rental of a motor vehicle concluded by means of distance communication for a specific date or period, there is generally no statutory fourteen-day right of withdrawal pursuant to Section 18(1)(10) of the Austrian Distance and Off-Premises Contracts Act (FAGG). Any contractual cancellation option granted by mo2drive remains unaffected.

Either party may terminate the rental agreement with immediate effect for good cause. Good cause for termination by mo2drive exists in particular where:

• the renter is substantially in default with a due payment despite having been reminded;
• incorrect information regarding identity or driving licence was provided at the time of booking or vehicle collection;
• the vehicle is transferred to an unauthorised person;
• the vehicle is used outside the agreed area of use or for an unauthorised purpose;
• the vehicle is significantly endangered, improperly handled or not properly secured;
• a necessary inspection or the provision of information about the vehicle’s location and condition is refused despite a reasonable request; or
• other material contractual obligations are repeatedly or seriously breached.

Where reasonable in view of the nature and seriousness of the breach, an appropriate period to remedy the breach or a formal warning must be issued before extraordinary termination.

Once the agreement ends, or after an effective early termination, the vehicle must be returned immediately and properly to the agreed return location, together with the keys, vehicle documents, batteries, chargers, helmets and any other accessories provided.

If the vehicle is not returned by the due date, mo2drive may request the renter in writing or electronically to return it and set a reasonable deadline for doing so. If this deadline expires without the vehicle being returned, mo2drive is entitled to enforce the return of the vehicle through legally permissible means.

The renter agrees that, after the set return deadline has expired, mo2drive may itself or through a commissioned third party collect the vehicle from a generally accessible location and return it to its operating site. Collection may only take place insofar as it does not infringe the rights of third parties.

This consent does not authorise entry into homes, business premises, locked garages, private property or other areas that are not generally accessible, nor does it authorise the use of force. If the vehicle is located in such an area, it will only be recovered with the consent of the person entitled to control access or on the basis of an enforceable administrative or judicial order. Mandatory statutory provisions on the protection of possession remain unaffected.

Personal belongings found in or on the vehicle will, where possible, be documented and held ready for collection. They may not be retained, used or disposed of to secure outstanding claims.

The necessary, reasonable and demonstrably incurred recovery and return costs may be charged to the renter to the extent that the renter is responsible for the failure to return the vehicle on time. Any fees or flat-rate charges already charged for the same loss must be deducted from these costs.

Personal data is processed in accordance with applicable data protection law and the Privacy Policy published on the website. The Privacy Policy provides information, in particular, about the purposes of processing, legal bases, categories of data, recipients, storage periods and the rights of data subjects.

If mo2drive carries out a credit check in an individual case before entering into an agreement, this will only be done where a legal basis under data protection law exists and after the data subject has been informed in advance. Details of any possible enquiry made to CRIF or another credit reference agency are set out in the Privacy Policy.

Vehicles may be equipped with a location device, including an Apple AirTag, to protect against theft, loss and failure to return the vehicle on time. Location is not used for continuous monitoring of riding behaviour or to create movement profiles.

Access to location information will only take place for a specific legitimate reason, in particular:

• in the event of theft or loss of the vehicle;
• in the event of failure to return the vehicle on time and unsuccessful attempts to contact the renter;
• where necessary to locate or lawfully recover the vehicle;
• in the event of a reported breakdown or emergency, where determining the location is necessary to provide assistance; or
• to investigate a specific suspicion of misuse or damage.

Location information may only be accessed by persons authorised to do so and processed only to the extent necessary. It will only be disclosed to the police, courts, insurers, towing or recovery companies or other authorised recipients where this is necessary in the specific case and permitted under data protection law.

Further information on vehicle location, in particular regarding the legal basis, categories of data, recipients, storage periods and data subject rights, is set out in the Privacy Policy.

Credit Check

mo2drive may carry out a credit check in an individual case before entering into a rental agreement where a legitimate interest exists in assessing a potential risk of payment default, based on the duration of the agreement, the payment terms, the value of the vehicle or other specific circumstances.

For this purpose, name, address, date of birth and other data required for unambiguous identification may be transmitted to CRIF GmbH, Rothschildplatz 3/Top 3.06.B, 1020 Vienna. CRIF provides mo2drive with information for assessing creditworthiness or the statistical risk of payment default.

The legal basis is Article 6(1)(f) GDPR. mo2drive’s legitimate interest lies in avoiding payment defaults and protecting against economic risks associated with providing vehicles.

A credit check is not carried out routinely for every booking, but only where it is necessary and proportionate in view of the specific contractual or default risk involved. The data subject is informed before the check is carried out.

The result of the credit check is stored only for as long as necessary for the decision on whether to enter into the agreement, to document that decision, and to assert, exercise or defend legal claims.

Further information on the processing of data by CRIF and the option of requesting a self-disclosure report is available at www.crif.at/datenschutz.

Austrian law applies. In relation to consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections afforded by the law of the country in which they have their habitual residence.

For disputes with businesses, the courts in Vienna having subject-matter jurisdiction will have exclusive jurisdiction to the extent permitted by law. Statutory rules on jurisdiction apply to consumers.

Individual agreements between the parties remain valid and take precedence over these Terms and Conditions. Unless a mandatory statutory form is required, declarations may also be made by email or another electronically storable form. This does not exclude the validity of individually negotiated oral agreements.

If any provision of these Terms and Conditions is or becomes invalid, the remainder of the agreement remains valid. The statutory provisions will apply in place of the invalid provision. Invalid provisions will not be reduced or modified so as to preserve their validity to the detriment of consumers.

Texts, images, graphics and design elements created by mo2drive and published on the website are protected by copyright to the extent that they meet the legal requirements for copyright protection.

Any use, reproduction, publication or distribution outside the uses permitted by law requires mo2drive’s prior consent. Uses permitted by law, including quotations within the legally permitted scope, remain unaffected.