Terms and Conditions

1.1. The following terms govern the business relationship between tenants and mo2drive GmbH, Falkestrasse 1/6, 1010 Vienna, as the operator of “mo2drive” (hereinafter referred to as “mo2drive”).

1.2. mo2drive rents Vespas Primavera (50ccm and 125ccm) and electric scooters Torrot Muvi ((City and Executive) of vehicle class L1e and L3e (hereinafter referred to as “mo2drive scooters”) to customers (hereinafter referred to as “tenants“).

1.3. The following terms apply to the contract concluded between mo2drive and the respective tenant.

2.1. Tenants, for the purpose of these conditions, are natural persons who are eligible to drive and have an active business relationship with mo2drive.
This business relationship is established upon successful completion of the rental process. Through the mo2drive website, the tenant can send a booking request (offer) to mo2drive.
Upon receipt of the order confirmation sent by mo2drive via email, mo2drive accepts the offer to conclude a rental agreement.

2.2. The optional languages for contract conclusion are German and English.

3.1. Only natural persons are authorized to take over and operate mo2drive scooters who:

• have reached a minimum age of 18 years;
• have held a valid driver’s license issued by the Republic of Austria or another member state of the European Union, Switzerland, Liechtenstein, Norway, or Iceland for at least 12 months;
• carry the driver’s license at all times and comply with all associated requirements. In the event of withdrawal or loss of the driver’s license, driving eligibility for the vehicle is immediately suspended for the duration of the loss/withdrawal. The same applies to the duration of a driving ban;
• have concluded a rental agreement;
• have no outstanding claims with mo2drive.
• bei mo2drive keine offenen Forderungen bestehen.

3.2. All tenants are strictly prohibited from allowing third parties to drive mo2drive scooters. In case of violation, the tenant agrees to pay a contractual penalty equal to a deductible amounting to 400 euros. The assertion of further damages remains unaffected.

4.1 For the rental of a mo2drive scooter and, if applicable, its accessories or additional services, the fees are due on the first day of the respective contract period.

4.2. Payment at mo2drive can be made either in cash, through PayPal, with a credit card, or via bank transfer.

4.3. All prices are inclusive of the statutory value-added tax.

4.4. mo2drive reserves the right to assign its claims from the contractual relationship to third parties (debt collection agencies).

5.1. The rental agreement is considered concluded once the tenant has picked up the mo2drive scooter. The rental period begins upon the conclusion of the contract and ends after the agreed rental duration when the tenant has properly returned the mo2drive scooter.

5.2. The rental period for a monthly rental is 30 x 24 hours (month), for a weekly rental is 7 x 24 hours, and for a subscription is 365 x 24 hours. The duration cannot be terminated prematurely by the customer.

5.3. The rented mo2drive scooters are handed over to the tenants personally at mo2drive locations.

5.4. The mo2drive scooters are delivered fully fueled and cleaned, and tenants are required to return them in the same condition, i.e., fully fueled and cleaned, as they received them.

6.1. The Tenant undertakes to inspect the mo2drive scooter’s proper condition and roadworthiness (especially brakes, tires, and lighting) before commencing the journey and at the time of handover.

In case of defects, the Tenant agrees to refrain from using the mo2drive scooter. If defects are discovered during the journey or subsequently, the Tenant is also obligated to immediately cease using the mo2drive scooter, inform mo2drive about the issue, and refrain from further usage until mo2drive remedies the defect.

The Tenant can contact mo2drive directly via phone or email.

6.2. The mo2drive team reserves the right to prohibit the use of the vehicle if there is reason to suspect a breach of contract.

7.1. Accidents, damages, theft, destruction, and any other loss of the mo2drive scooter must be reported to mo2drive immediately by phone.

The Tenant is obliged to ensure that all reasonable measures necessary for damage reduction and evidence preservation are taken. To this end, the Tenant must report any damage to the police. Even in the case of purely material damage, the nearest police station should be requested to record the accident in accordance with § 4 para. 5a StVO (Road Traffic Regulations).This applies even in the case of minor damages and self-inflicted accidents without the involvement of third parties. If the police refuse to record the accident, the Tenant must prove this to mo2drive in an appropriate form (e.g., written confirmation from the police or information, including the day and time, about which police station was notified by phone but refused to record the damage). If no third party has been harmed by the accident or if, in the case of pure material damage, data exchange with the affected third party has taken place in accordance with § 4 para. 5 StVO, the notification to the nearest police station can be omitted exceptionally if only minor paint damage (scratches, etc.) has occurred on the mo2drive scooter. In such a case, the Tenant is still obliged to report this damage to mo2drive immediately with the submission of an accident report according to Article 8.5. If the mo2drive scooter has been damaged by unknown third parties (parking damage, hit-and-run accidents), the Tenant must, in any case, promptly notify the nearest police station and request documentation of the damage.

7.2. The Tenant may, subject to Article 8.1., only leave the accident scene after the police recording is completed, and the mo2drive scooter (if necessary) has been handed over to a towing company.

7.3. These obligations of the Tenant are waived if he/she is entitled or excused to leave the accident scene due to accident-related injuries of an accident participant.

7.4. If the mo2drive scooter should no longer be roadworthy or safe to drive due to self-inflicted accidents, the Tenant is responsible for all costs incurred in the return of the mo2drive scooter. The rental agreement is only terminated in the event of an accident after proper return in accordance with Article 9, and the usage fees are calculated accordingly.

7.5. Furthermore, the Tenant is obliged to promptly forward a written accident report to mo2drive and, subject to Article 8.1., provide the police file number. All instructions of the mo2drive service team must be followed. The Tenant is prohibited from issuing an acknowledgment of guilt or preempting the settlement of any liability claims through payment or other actions acknowledging fault or liability (endangerment of insurance coverage). Upon request from mo2drive, the Tenant must complete and sign the damage form provided by mo2drive and return it within 5 days. If the insurance does not settle the claim due to culpably delayed return of the form, mo2drive reserves the right to charge the Tenant for all accident-related costs.

7.6. The choice of the repair shop is solely up to mo2drive. Compensation payments related to damages to mo2drive scooters are the sole right of mo2drive. If the Tenant has received such services from third parties, he/she must forward them to mo2drive without being prompted.

8.1 Upon termination of the rental agreement, the Tenant is obliged to schedule a handover appointment within the contract period via phone or email and return the mo2drive scooter, along with all accessories, to mo2drive.

8.2. If the mo2drive scooter is not returned on time, the Tenant is obligated to pay the agreed-upon rent as compensation for the duration of the withholding.

8.3. The return takes place at the mo2drive location where the vehicle was picked up.

8.4. Upon termination of the rental agreement, the Tenant is required to return the mo2drive scooter fully fueled and cleaned, and the helmet, battery, charger, phone holder, and any other accessories in proper and functional condition.

8.5. The Tenant is obliged to inform mo2drive about any technical malfunctions.

8.6. In the event of an accident rendering the mo2drive scooter inoperable, the rental ends no later than the handover of the vehicle to the towing company or a mo2drive employee.

9.1 In addition to the tenant’s obligations arising from other articles of these Terms and Conditions, the tenant is obliged to fulfil the following obligations:

• to treat the mo2drive scooter used with care and to observe the prescribed speed limit;
• to fulfil all legal obligations in connection with the operation of the mo2drive scooter, in particular those of the Road Traffic Act and the Road Traffic Regulations;
• if a warning light other than the fuel gauge on the dashboard lights up, to stop immediately and contact the service team to discuss whether the journey can be continued;
• the mo2drive scooter must always be secured against theft even when in use, e.g. when parked (the seat compartment must be locked and the steering wheel lock activated);
• the personal data stored with mo2drive must be kept up to date; this applies to the address, mobile phone number and email address. Any changes must be notified to mo2drive by email to office@mo2drive.com.
• to provide the exact location of the mo2drive scooter at any time at the request of mo2drive and to allow inspection of the mo2drive scooter.

9.2 The tenant is prohibited from:

• driving the mo2drive scooter under the influence of alcohol, medication or drugs that could impair the ability to drive; a mandatory absolute ban on alcohol (0.0 ‰) applies;
• to use the mo2drive scooter for motorsport events, off-road driving or races of any kind, and
• to use the mo2drive scooter for driving training, vehicle testing, for commercial passenger transport or for subletting;
• to use the mo2drive scooter for the transport of highly flammable, toxic or other hazardous substances;
• use the mo2drive scooter to transport objects that impair driving safety due to their size, weight or shape;
• to use the mo2drive scooter for criminal offences;
• transport children under 12 years of age or smaller than 150 cm if they are neither tall enough to reach the footrests nor strong enough to hold on to the rider;
• to carry out or have carried out unauthorised repairs or other modifications to the mo2drive scooter;
• travelling abroad with the mo2drive scooter;
• to operate a mo2drive scooter without concluding a corresponding rental agreement and/or to continue operating the mo2drive scooter after the rental has ended. In the event of driving without a concluded and/or still valid rental agreement, the tenant is obliged to pay a contractual penalty in the amount of a damage deductible. mo2drive reserves the right to assert further claims for damages and to prosecute.

The tenant is fully liable for the consequences of traffic offences or criminal offences committed with vehicles. He/she shall be liable for all resulting fees and costs and shall fully indemnify mo2drive against any third-party claims. For the processing of traffic offences (warnings, fines, fees, etc.), the tenant must pay a processing fee to mo2drive for each case. The amount of the processing fee is set out in the applicable Price list.

10.1 In the case of an electric scooter with removable batteries, two batteries will be provided to the tenant upon the handover of the mo2drive scooter. The use of the batteries is only permitted for the respective mo2drive scooter. In the event of loss or theft of the battery, mo2drive may charge a fee as per the Price list.

10.2 The tenant must handle the batteries with care. In particular, the tenant is responsible for gentle treatment of the batteries by not storing them at temperatures below 0 degrees Celsius.

10.3 The tenant is solely responsible for charging the batteries and bears all costs for the consumed electricity. To avoid deep discharge of the batteries, it is necessary to regularly recharge the batteries after each ride. This should be done exclusively using the provided suitable battery charger. The batteries should not be left unattended during the charging process. Ideally, charging should take place at room temperature.

10.4 The battery charger for charging the vehicle batteries will be handed over to the tenant during the mo2drive scooter handover. The use of the charger is only permitted for the respective battery. Upon termination of the lease agreement, the tenant is obliged to return the battery charger in proper and operational condition. The tenant is required to inform mo2drive of any technical malfunctions. In the event of loss or theft of the battery charger, mo2drive may charge a fee as per the Price list.

11.1. mo2drive procures liability insurance for the mo2drive scooter, covering the use of the mo2drive scooter by the tenant. The general insurance terms of the respective insurer, available upon request, apply to the tenant.

11.2. The liability insurance covers damages to third-party vehicles or property resulting from a traffic accident caused by the insured tenant using the mo2drive scooter, limited by the respective coverage limits.

11.3. Damages to mo2drive scooters or property resulting from a traffic accident caused by the tenant using the mo2drive scooter are to be paid by the tenant.

mo2drive offers tenants the option to reduce these costs by entering into a deductible reduction agreement for a defined period. Prices and validity periods are outlined in the currently applicable Price list.

12.1 If mo2drive is liable for damages caused by slight negligence due to legal regulations, the liability of mo2drive is limited: Liability exists only for the violation of essential contractual obligations, such as those that the rental agreement of mo2drive explicitly imposes on mo2drive according to its content and purpose, or whose fulfillment enables the proper execution of the rental agreement in the first place and on whose compliance the tenant can regularly trust. Liability is limited to the foreseeable typical damage at the time of contract conclusion. To the extent that the damage is covered by insurance (excluding sum insurance) taken out by the tenant for the respective damage event, mo2drive is only liable for any resulting disadvantages to the tenant, such as higher insurance premiums or interest disadvantages until the insurance settlement.

12.2. Liability for non-fault initial defects in the vehicle is excluded.

12.3. Regardless of any fault of mo2drive, liability remains unaffected for intentional concealment of a defect, the assumption of a guarantee, or a procurement risk, and under the Product Liability Act.

12.4. Personal liability of legal representatives, vicarious agents, and employees of mo2drive for damages caused by them through slight negligence is excluded. For damages caused by them, excluding legal representatives and executive employees, through gross negligence, the liability limitation regulated for mo2drive applies accordingly.

12.5. The liability limitations in this section do not apply in case of injury to life, body, or health.

12.6. In the event of slight negligence, mo2drive does not assume liability for items left behind in the vehicles (lost property).

12.7. The use of the mobile phone holders and USB charging ports attached to the mo2drive scooters is at your own risk – mo2drive assumes no liability in this regard.

13.1. mo2drive complies with applicable legal regulations, especially the provisions of the General Data Protection Regulation (GDPR), when processing tenants’ personal data. mo2drive primarily processes the personal data needed to provide contractual services to tenants and/or third parties. This includes, in particular, offering tenants the best possible user experience.

In particular, the processing of location data is necessary to provide services such as maintenance and service. The vehicle manufacturer also receives location data for maintenance and repair purposes. In this context, location data may also be transmitted to countries outside the EU or EEA (“third countries”). However, the manufacturer has no knowledge of directly personal data of tenants.

Access to location data by mo2drive is only possible for specially authorized employees. In the event of theft or other criminal offenses related to this contractual relationship, mo2drive may disclose location data to law enforcement authorities.

13.2. Insofar as mo2drive processes personal data based on consent, mo2drive points out that tenants can revoke this consent at any time with effect for the future.

13.3. Further information on the purpose, nature, and scope of data processing can be found in the privacy policy, which is available in the current version.

13.4. The identification data provided to mo2drive will, based on mo2drive’s legitimate interest in the creditworthiness of participants in accordance with Art. 6 (1) lit. f GDPR, be processed for the purpose of credit checks by querying the address and credit database operated by CRIF GmbH, Diefenbachgasse 35, 1150 Vienna, within the scope of its trade licenses pursuant to §§ 151 – 153 Gewerbeordnung 1944. Participants are hereby informed in accordance with Art. 12 et seq. of the EU General Data Protection Regulation (DSGVO).

14.1. mo2drive reserves the right to amend these general terms and conditions retrospectively.
Changes to the terms and conditions will be communicated to the tenant at least one month in advance in writing, via email, or by any other suitable means.
The amendments are considered approved and binding for existing contractual relationships upon their effective date, unless the tenant submits a written objection via email or in another form.
The tenant will be explicitly informed of this consequence when mo2drive announces changes. Any objection must be sent to mo2drive no later than one month after the announcement of the changes.

15.1. The business relationship is exclusively subject to Austrian law. Vienna is agreed upon as the place of jurisdiction for entrepreneurs within the meaning of § 1 KSchG. For consumers, the place of jurisdiction is the place of residence, habitual residence, or place of employment of the consumer. If the place of residence, habitual residence, or place of employment is not in Austria, Vienna is the place of jurisdiction.

15.2. No verbal collateral agreements have been made. Changes, additions, or terminations of this contract require written form. Email is sufficient for written form.

15.3. If one or more provisions of this contract are ineffective or void, the effectiveness of the contract’s remaining provisions is not affected. The parties undertake to close any resulting gaps in accordance with the meaning and presumed intention of the contracting parties.