General Rental and Business Terms and Conditions (GTC)

These General Rental and Business Terms and Conditions (GTC) govern the contractual relationship between you (as the renter) and mo2drive GmbH for the use of mo2drive vehicles.

mo2drive rents out motorized two-wheeled vehicles of various brands and categories. Persons are eligible to use them if they:

• are at least 18 years old,
• have held a valid driver’s license (at least class AM) from Austria or the EU (including Switzerland, Liechtenstein, Norway, and Iceland) for at least 12 months,
• can present an international driver’s license for other license classes,
• physically present a valid driver’s license at the start of the rental. Vehicle handover is not possible without a license check.

The driver’s license must be carried at all times during each ride. If the license is revoked or lost, the mo2drive vehicle may no longer be used.

Legal entities may rent vehicles and assign drivers, provided these drivers meet the requirements outlined in Section 2. A written assignment (name, rental period) is required. The company is liable for any violations committed by the assigned drivers.

Vehicles will not be rented to delivery services or their drivers.
mo2drive reserves the right to refuse or terminate the rental agreement without notice if there is suspicion of commercial use.
In the case of proven commercial use, a contractual penalty of up to €750 may be charged.

The rental contract is deemed to have been concluded as soon as the vehicle is taken over. The rental period ends with the proper return of the vehicle.

Start of rental:

The vehicle must be checked for visible damage before the start of the rental period.
Any damage not reported shall be deemed to have been caused by the renter.

Return:

• The return takes place either at the agreed mo2drive location or – in the case of return transportation by mo2drive – at the agreed pick-up location.

The vehicle must:

• be parked on level ground with a main stand,
• must not be parked in loading zones, residents’ parking zones or on private property,
• must be returned including helmet, vehicle documents, first-aid kit, accessories and – in the case of e-vehicles – two batteries and a charger,
• cleaned and with a full tank of fuel or charged (at least 25 % battery charge).

Late return (>30 minutes) will be charged with a full calendar day according to the price list. A return fee may be charged if the vehicle is returned incorrectly or not returned at all.

In the event of loss or damage to accessories (e.g. helmet, charger, battery), the corresponding costs will be charged according to the price list.

Obligation to report:

• Immediately report to mo2drive by telephone.
• Notify the police, even in the case of minor damage or hit-and-run.
• Send an accident damage report in writing to mo2drive (within 5 days).
• In the event of an accident or damage, please take meaningful photos of the vehicle and the surrounding area.

Obligations:

• Admission of fault is expressly prohibited.
• Follow mo2drive instructions.
• Repair only by mo2drive.

In the event of culpable delay or failure to report, you are liable for the entire damage.

You are obliged to check the vehicle for visible damage before each journey. If you notice any abnormalities or problems, please contact the mo2drive service team immediately by e-mail or telephone.

You also undertake:

• to treat the vehicle with care,
• to comply with the applicable traffic regulations,
• to take warning signals on the vehicle seriously and to inform the service team,
• to activate the steering wheel lock and to park the vehicle safely,
• to keep your contact details up to date,
• to allow the location and inspection of the vehicle on request.

The following is not permitted:

• Driving under the influence of alcohol or drugs (0.0‰! ),
• Use for motorsport, training or commercial purposes,
• Transport of dangerous or unsuitable objects,
• Conversions or driving abroad,
• Use without a valid rental agreement.

You are liable for all traffic violations during the rental period (e.g. parking fines, speeding) and pay an additional processing fee according to the price list.

Children may only be taken along if they are at least 12 years old or at least 150 cm tall and can reach the footrests independently and hold on securely to the driver. Otherwise, children are not allowed on board.

For vehicles with an electric drive, ensure that the battery is handled properly and with care:

Charging may only be carried out using the mo2drive charging cables provided for this purpose.

The vehicles may only be charged at suitable, safe power sources.

A deep discharge (complete discharge over a longer period of time) can permanently damage the battery. In this case, it may be necessary to replace the battery. You are liable for any damage and costs incurred.

You are liable for damage caused by improper handling or non-compliance with these instructions.

The charge level on return must be at least 25 %.

Our vehicles are covered by liability insurance.

There is no insurance cover for

• intentional or grossly negligent damage,
• disregard of the obligations of use as per point 6,
• violation of reporting obligations.
• driving under the influence of alcohol or drugs (from 0.1‰).
  mo2drive is not liable in such cases, the entire damage is to be borne by the renter:in.

A limitation of liability can be agreed by taking out optional fully comprehensive insurance with an excess. This applies on a monthly basis, but only for one claim per month.
In the event of damage, you only bear the agreed deductible according to the price list.
In the event of gross negligence or breach of contractual obligations (breach of duty), you are fully liable over and above this amount.

mo2drive is only liable for damages caused by gross negligence or intent and limited to typical contractual damages. No liability for slight negligence, unless it concerns life, body or health.

No liability for:

• lost items,
• initial defects, excluded to the extent permitted by law,
• use of cell phone holders and USB sockets (at your own risk).

The prices according to the current price list apply.

Payment on collection or delivery.

Claims can be assigned to a collection agency.

mo2drive is legally obliged to pass on the contact details of the renter upon request by the authorities. Further processing is carried out by the responsible authority. mo2drive does not assume any responsibility for checking the content or providing legal advice in this context.

Ordinary termination by either party with 1 month’s notice to the end of the month.
If the rental period has been defined in advance (e.g. according to the booking or invoice), the contract ends automatically at the end of this period – a separate notice of termination is not required.

Cancellation without notice in the event of late payment, incorrect information or serious breaches of contract.

The vehicle must be returned immediately upon termination of the contract. mo2drive may collect it at the renter’s expense.

Personal data is only stored and processed as part of the fulfillment of the contract. Details can be found in our privacy policy at www.mo2drive.com.

Based on mo2drive’s legitimate interest in the creditworthiness of Tenants within the meaning of Art. 6 para. 1 lit. f GDPR, the identification data provided to mo2drive will be used for the purpose of a credit check in the address and creditworthiness database operated by CRIF GmbH, Diefenbachgasse 35, 1150 Vienna within the scope of its business licenses in accordance with §§ 151 – 153 of the Austrian Trade Regulation Act 1944. Tenants are hereby informed of this in accordance with Art. 12 et seq. of the EU General Data Protection Regulation (GDPR).

An Apple AirTag is installed in every vehicle. This is used exclusively to locate the vehicle in the event of theft or loss.
Tracking is only carried out for legitimate reasons and exclusively by mo2drive. Processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR (legitimate interest in theft protection and recovery).

Austrian law shall apply. The place of jurisdiction is Vienna (for consumers: place of residence).

Additional agreements must be made in writing. Email is sufficient.

If individual provisions are invalid, the rest of the contract remains valid.

All content, texts and design elements on the mo2drive website and in these GTC are subject to copyright.

The use, reproduction, publication or distribution – even in part – is not permitted without the express written permission of mo2drive. Violations will be prosecuted.