Terms & Conditions
General Terms and Conditions for the use of the CARIFY online platform.
1. Scope of application
CARIFY AG (from now on "CARIFY"), Cheesturmweg 21, 4624 Härkingen, operates the online platform www.carify.com and other platforms managed by CARIFY (from now on "CARIFY Platform''). The purpose of the CARIFY Platform is to mediate and arrange rental and other contracts between natural and legal persons (hereinafter referred to as "Customers") and the corresponding CARIFY Partners.
These General Terms and Conditions ("T&C") govern the rights and obligations of the Parties regarding the use of the CARIFY Platform.
2. Use of the online platform
The range of products and services offered on the CARIFY platform, as well as the available usage options and functions, can be extended or restricted by CARIFY.
The use as such or individual elements of it may be dependent on the fulfilment of certain conditions or additional information.
CARIFY reserves the right to make the CARIFY Platform available only for selected operating systems and certain versions of it and/or to restrict or suspend access to its services if necessary for reasons of capacity, security, server integrity or technical measures.
3. Offer and conclusion of rental and other contracts
All offers made by CARIFY on the CARIFY Platform or otherwise are without obligation. Rental and other contracts between the CARIFY Partner and the Customer are created when the Customer, using pre-defined functions on the CARIFY Platform, submits his application to enter a contract and accepts the relevant contractual terms and conditions and these T&C and afterward, confirms to CARIFY, as representative of the CARIFY Partner, electronically or otherwise, the conclusion of the contractual relationship.
4. Data protection, consent of the Customer to the forwarding of data
In addition, the CARIFY Privacy Policy applies. These terms and conditions can be consulted at any time at https://www.carify.com/en/privacy-policy.
The Customer is informed that CARIFY may be obliged to disclose Customer Data to the police, other governmental authoritiesor third parties with a legitimate interest.
5. Limitation of CARIFY's liability
CARIFY is only liable for damages incurred by the Customer from or in connection with his use of the CARIFY Platform in case of intent or gross negligence.
The CARIFY Platform may be temporarily unavailable or limited in availability due to maintenance work or other reasons, without the User having any claims against CARIFY or CARIFY Partners.
6. Adaptations of the T&C
CARIFY may amend these Terms and Conditions from time to time. Modifications become effective upon publication by CARIFY of the relevant updated Terms and Conditions here of or upon publication by CARIFY of the modified policies or supplementary terms and conditions to the relevant Service. Your continued access to or use of the CARIFY Services after this publication constitutes your acceptance of the changes.
7. Final clauses
Any general terms and conditions that the Customer may have, are not valid, even if they are not expressly contradicted in individual cases. Should any provisions of these General Terms and Conditions be or become invalid in whole or in part, or should there be a legal deficiency, this shall not affect the validity of the remaining conditions. In place of the invalid clause, the valid clause shall be deemed to have been agreed upon which comes closest to the purpose of the invalid clause.
Where only the masculine form is used in these T&C for reasons of linguistic simplicity, the feminine form shall always be understood to be included.
8. Applicable law, place of jurisdiction
Swiss law applies. The place of jurisdiction is Zurich, Switzerland.
Zurich, October 20th, 2023.
CARIFY-ABO terms of use
1. General
CARIFY AG, Cheesturmweg 21, 4624 Härkingen, (hereinafter: CARIFY) mediates via the online platform www.carify.com (hereinafter: CARIFY Platform) the use of vehicles against payment (CARIFY Subscription) as well as further services of CARIFY Partners to natural and legal persons (hereinafter: Customers). The present Terms of Use and the documents referred to therein govern the rights and obligations between the Customers and the respective CARIFY partners and between the Customers and CARIFY.
2. Conditions
2.1 Authorization
Anyone who has a permanent address in Switzerland, a driving licence of the category required for the vehicle from the Swiss Road Traffic Offices and is at least 18 years old is eligible to take out a CARIFY subscription. People over the age of 80 years are not eligible to take out a CARIFY subscription.
For vehicles with an engine output of more than 350 hp, the Customer must be over 30 years old at the time of booking unless the contrary is specifically stated in another agreement.
2.2 Credit assessment
Each Customer must provide proof of creditworthiness before the contract is concluded, based on CARIFY's requirements. The Customer agrees that CARIFY may independently check his creditworthiness and obtain the necessary information for this purpose. CARIFY can request documents about the Customer and/or closely related parties (Family, Employer, Company, Credit Card Holder, etc), such as i.e. ID, bank statements, salary statements, or any other relevant evidence, and use third party data or public data (Credit Check, commercial registry, etc.) in order to enter, continue or terminate a contractual relationship. The Customer agrees that CARIFY may disclose personal data relating to him or to third parties.
If the creditworthiness of the Customer does not meet the requirements of CARIFY or its partners, the booking request will be rejected. Any payments already made will be returned to the Customer within a maximum of 20 days, the processing time depending on the customer’s bank.
2.3 Insurance assessment
Each customer confirms with the booking, that:
· The customer had less than 3 claims in the last 3 years.
· The customer has not had his driving licence revoked for more than 3 months in the last 5 years, or an insurance-policy cancelled or refused.
3. CARIFY subscription
3.1 Conclusion
By completing the booking process on the CARIFY platform, accepting the General Terms & Conditions of Business and Use, the Customer submits a legally binding booking request to the CARIFY partner for a CARIFY subscription. If the conditions of this contract are met and the vehicle is available at the CARIFY partner, a legally binding contract between the Customer and the CARIFY partner for the use of the vehicle selected by the Customer against payment (CARIFY subscription) is created. The parties to the CARIFY Subscription are the Customer and the CARIFY Partner. CARIFY acts as closing agent for the CARIFY Partner and confirms the conclusion of the CARIFY subscription and the conclusion of the contractual relationship by sending the final booking confirmation to the Customer.
3.2 Start of the CARIFY Subscription
The CARIFY subscription and its first month of contract starts on the effective delivery to the Customer or collection date by the Customer.
3.3 Scope of the CARIFY Subscription
The CARIFY Subscription booked by the Customer includes, unless otherwise agreed in writing between CARIFY and the Customer:
· The proper use of the vehicle selected by the Customer on the CARIFY Platform during the rental period and within the monthly free kilometres specified in the final booking confirmation
· Tyres chosen by CARIFY
· The highway tax sticker
· All registration fees and vehicle taxes
· Insurance benefits according to section 10 and 11
· All maintenance and repairs (see Clause 10), unless caused by the Customer's use contrary to the contract
Is excluded and thus borne by the customer:
· Fuel or electricity
· AdBlue unless part of the mandatory service
· Liquid for windshield wipers unless part of the mandatory service
· Engine oil unless part of the mandatory service
· Windshield wiper blades unless part of the mandatory service
· Fines
3.4 Free kilometres
The number of free kilometres is based on the kilometre package of the CARIFY subscription chosen by the Customer. If the number of free kilometres is not reached during a month, the difference between the available number of free kilometres will be credited in the next contract month. A compensation of unused free kilometres at the end of the rental period is excluded.
If more than the contractually agreed free kilometres have been consumed by the end of the rental period, each additional kilometre will be charged according to the extra km costs defined in this contract. If a Customer changes his kilometre package and thus his Subscription price and associated extra KM costs, the highest extra KM costs of all will automatically be applied for the total number of extra kilometres recorded at the end of the subscription.
3.5 Change of kilometre package
Change of KM package is only possible once during the Subscription duration and any change comes with the admin fee of 50 CHF. Changes can only apply from the next rental month onwards. Change of KM package can lead to changes of extra KM costs.
During the minimum duration:
The kilometre package can be increased but not decreased.
After the minimum duration:
The kilometre package can be increased or decreased once.
After the notice of cancellation has been given:
Once the Customer has given the notice of cancellation, no changes to the kilometre package can be made.
4. Payment
4.1 Monthly fee
The Customer owes CARIFY a fixed monthly fee (in CHF incl. VAT/sales tax) for the services provided which are agreed upon in the Contract. The Customer remains obliged to make payment on time even if he is unable to use the vehicle for any reason (e.g., due to servicing or maintenance).
4.2 Payment variants and payment mode
The Customer pays one monthly instalment upon receipt of the booking confirmation by credit card and then every 30 days a further monthly instalment.
The credit card can be charged in case of damages, cleaning costs, extra kilometres or other valid claims.
4.3 Late payment
If a claim of CARIFY or a CARIFY partner is not settled within the payment period, CARIFY reserves the right to charge the customer reminder fees and additional effort fees according to clause 7.6.
If the customer does not pay the outstanding invoices after the 3rd reminder, CARIFY is entitled to terminate the CARIFY subscription without notice on behalf of the CARIFY partner, to collect the vehicle at the customer's expense using specialized external service providers, to invoice the customer for the subscription monthly fees until the next possible termination date and to charge the customer the fee for breach of contract, and to hand over the claims against the customer to a collection agency selected by CARIFY. Any additional costs incurred in the collection process will be charged to and accepted by the customer.
Costs in the event of late payment: processing fee (at the earliest after two written reminders after the invoice date, when handed over to collection service provider) according to www.fairpay.ch.
During the period of non-payment, CARIFY and/or a mandated third-party have the right to immobilize and retrieve the vehicle through digital locking (deactivation of key, locking of doors, disabling of engine, etc.) or physical immobilization (removal of plates, clamping, etc.).
During the period of non-payment, the customer is not entitled to benefits from insurances (e.g. replacement car, etc.).
5. Acceptance
5.1 Pick-up at the CARIFY Partner and home delivery
When booking his CARIFY subscription, the Customer chooses between picking up the vehicle at the CARIFY partner or a delivery organized by CARIFY to an address of his choice within Switzerland or the Principality of Liechtenstein (home delivery). Changes on the delivery address less than five days in advance cannot be guaranteed. Possible handover times (Monday to Friday) are defined by CARIFY and can vary as they are subject to for example the garage, the route, vehicle or driver’s availability.
In the case of home delivery, the vehicle is picked up on behalf of the Customer by a CARIFY employee or a person authorized by CARIFY at the CARIFY partner. The mileage and fuel required between the pick-up point and the delivery point are borne by the Customer.
5.2 Acceptance and defects
Both in case of the Customer's independent takeover of the vehicle at the CARIFY partner and in case of home delivery, a handover protocol is issued. The protocols document the state of the Vehicle at the said date (mileage, damages, general state, etc.)
The Customer must check the vehicle upon pickup and note any defects/damage on the handover protocol. In case of serious deficiencies/damage the Customer must refuse to accept the vehicle and contact CARIFY immediately. Within 24 hours after the handover of the vehicle, the customer has the right to report pre-existing minor damages which could not be identified during the handover process (for example when the car was wet or delivered at night-time).
5.3 Handover date delays
The wished handover date specified in the booking is not guaranteed by CARIFY and the Customer is not entitled to replacement vehicles, financial compensation nor cancellation of the Subscription would the car not be ready for a handover on the wished handover date.
6. Ownership
The vehicle is owned by the CARIFY partners, CARIFY or a third party. The Customer does not acquire any ownership or other rights in the vehicle. The Customer has no right of retention on the vehicle for claims against CARIFY partners or CARIFY.
The Customer shall keep the vehicle free from third party rights. He is not allowed to sell, rent, pledge, give away, assign as security, sublet, or offer the vehicle for car sharing.
7. Use of the CARIFY subscription
7.1 Authorized users
The vehicles rented on CARIFY may be given by the Customer to third parties (hereinafter referred to as "Authorised Users") for use. The Authorised Users must meet the same requirements as the Customer and are obliged to comply with the same obligations. The Customer can allow third parties that have a valid student driving license in Switzerland to drive as long as they follow all the circulation rules of Switzerland for such student drivers. The Customer remains the contractual partner at all times. Change of subscribers on a CARIFY-subscription are not accepted.
7.2 Geographical restrictions
The vehicle is to be used primarily in Switzerland. The vehicles of CARIFY and its CARIFY partners are allowed to be driven in Europe and the countries bordering the Mediterranean Sea excluding Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Iran, Israel, Kazakhstan, Kosovo, Lebanon, Libya, Russian Federation, Syria, Ukraine.
7.3 General obligations of the Customer when using
The Customer has the following general obligations during the use of the vehicle and throughout the duration of the contract:
· The Customer must fulfil all legal obligations arising from the operation and maintenance of the vehicle by informing CARIFY immediately (e.g. warning lights, low tyre profile, etc.)
· The Customer must comply with all traffic regulations in Switzerland and abroad.
· The Customer must ensure that the vehicle is properly protected against theft.
· The Customer may not drive the vehicle without the attached license plates. It is not permitted to change license plates or attach them to other vehicles.
· The Customer must ensure that the vehicle is maintained and handled in accordance with the manufacturer's operating and service instructions. The Customer must inform CARIFY immediately when a service or maintenance is due (i.e., Customer reaches a service mileage limit, i.e. when Customer is informed by its vehicle via a warning or service lamp etc.).
· The Customer may not make any visual or technical changes to the vehicle.
· Repairs, maintenance, servicing, or tyre changes must be authorized solely by a CARIFY partner.
· The Customer must inform CARIFY immediately in case his driving licence is withdrawn.
· The Customer must comply with the regulations applicable to the vehicle regarding the fuel to be used or other liquids the vehicle would require.
· The Customer is responsible for not smoking in the vehicle.
· The Customer is responsible for keeping the Vehicle clean and for preventing to leave a staying odour in the vehicle.
· The Customer must ensure that the Vehicle is in a roadworthy condition for each journey.
· The Customer must immediately inform CARIFY of any accident or damage.
· The Customer cannot buy the vehicle from the CARIFY Partner with an ongoing subscription
7.4 Service, maintenance and tyres
CARIFY coordinates any service, maintenance or tyre change and informs the Customer in time. Upon request, the Customer is obliged to hand over the vehicle to the CARIFY partner or CARIFY for service or maintenance purposes and to have the vehicle changed and to leave it in the hands of the CARIFY partner or CARIFY for the duration of the work. The customer is responsible for bringing the vehicle to the service and maintenance provider defined by CARIFY if it is less than 30 minutes' drive from the customer's place of residence.
CARIFY in collaboration with its partners is free to decide if a tyre change is conducted (which can require up to 30min drive one way) and on the size, brand, make and material of the tyres. Depending on the mounted tyres, the rims might differ.
The Customer is obliged to ensure that the vehicle is in a safe and roadworthy condition for each journey. If this is not the case, the Customer may not use the vehicle under any circumstances and must inform CARIFY immediately. The Customer must never assign repairs, services, tyre changes or any other work to a third party or carry it out himself.
In case of maintenance or service, CARIFY and the CARIFY partner are not obliged to provide the Customer with an equivalent replacement vehicle for the period of maintenance or service.
7.5 Prohibited activities
It is prohibited to commercially use the vehicle to transport person, to make trips for a fee (like UBER), at motor sport events, at skidding courses, for towing or moving other vehicles as well as for journeys which require an official permit. Subletting and car sharing are not permitted.
7.6 Operating costs
Any additional work done by CARIFY and its CARIFY partner shall be invoiced as follows:
· Debt collection: 100 CHF + actual external costs of collection
· Return of the vehicle in case of breach of contract / premature cancellation: Min. 500 CHF
· Total Damage insurance case handling: min. 1000 CHF
· Return of vehicle outside of agreed time slots and without approval of CARIFY and/or the CARIFY partner: CHF 200
· Standard cleaning of the car (Inside): 80 CHF
· Standard cleaning of the car (Outside): 40 CHF
· Shampooing of 1 seat: 50 CHF
· Removal of heavy soiling in general: 200 CHF
· Removal of heavy soiling of the vehicle by animals: 400 CHF
· Removal of strong smell through interior chemical cleaning (smoke smell, animal smell, etc.): 1800 CHF
· Violation of obligation to report in case of damage: 500 CHF
· No show or not confirming appointments regarding delivery, service, maintenance, or repairs: 150 CHF
· Changes of appointment less than 48h before set appointment: 50 CHF
· Change of the km-package / cancellation date: 50 CHF
· Change of plates and registration documents due to move to new canton: 170 CHF
· Change of registration documents due to move within the same canton: 75 CHF
· Fine handling: 50 CHF / fine
· Late payment fees and additional effort fee: CHF 30 for a second reminder, CHF 100 each for the third reminder and 250 CHF for additional expense fee
7.7 Fines and traffic violations
Fines and fines for traffic rule violations for which the Customer is responsible, as well as the corresponding procedural costs, are to be borne by the Customer. The Customer shall immediately indemnify CARIFY and CARIFY's partners from such claims. In case the fine cannot be passed on to the Customer, CARIFY has the right to debit the Customer's credit card for the amount of the fine and settle it in his name. CARIFY has the right to pass on the Customer's data to the authorities or other parties with legitimate interests.
CARIFY can charge the Customer’s credit card a fee according to clause 7.6.
More than 4 fines per month can be considered repetitive traffic violations and is considered as breaches of duty according to clause 7.9.
7.8 Extra kilometre and Excessive usage
CARIFY reserves the right to issue an interim invoice for extra kilometres (when the extra KM represent more than 2000 KM allowance to the current date) during the subscription period. If, for example, it becomes apparent during a service of the vehicle that significantly more kilometres have been driven than were booked, an interim invoice will be issued.
If the number of extra kilometres is to be considered as excessive usage, CARIFY reserves the right to terminate the subscription without notice.
7.9 Duty to cooperate and provide information
The Customer shall immediately inform CARIFY of any change of his domicile, personal data, or any relevant information such as loss of a valid driver's licence (e.g., confiscation). Furthermore, the Customer is obliged to provide his personal information in a truthful and transparent manner. Failure to inform CARIFY of a change of personal data may result in CARIFY being entitled to charge the Customer for the expenses incurred. If the Customer is not available for more than30 days, CARIFY may terminate the contractual relationship without notice on behalf of the CARIFY partner.
7.10 Breaches of duty
In case of breach of duty by the Customer, CARIFY has the right to terminate the contractual relationship without notice on behalf of the CARIFY Partner. In this case, the costs of returning the vehicle to the CARIFY Partner are to be borne by the Customer.
8. Termination of the CARIFY subscription
8.1 Orderly termination of the CARIFY subscription by the Customer
After the minimum term, the Customer can cancel the subscription with 14 days’ notice to the end of each subscription month. The Customer must cancel the subscription otherwise it automatically renews every month (regardless of the package type). The cancellation must be made directly through the Customer’s account on the CARIFY platform.
8.2 Orderly termination of the CARIFY subscription by the Garage
The Garage cancelation policy of the subscription depends on the package type:
Flex packages: The garage must guarantee the vehicle up to 8 months after the minimum term. The Garage must provide 2 months advance notice to cancel the subscription. If neither the Garage nor the Customer cancels, the subscription keeps automatically renewing every month after the minimum term.
Example: Customer rents a vehicle with 6 months minimum term and doesn’t cancel the subscription after the minimum term. After 12 months of subscription, the garage could provide notice of cancellation so that the vehicle returns to the garage after 14 months (6 months minimum term + 8 months guarantee with 2 months’ notice period).
Fix packages: The garage must guarantee the vehicle up to the end of the minimum term. The Garage must provide 1 month advance notice to cancel the subscription. If neither the Garage nor the Customer cancels, the subscription keeps automatically renewing every month after the minimum term.
Example: Customer rents a vehicle with 6 months minimum term. After 5 months of subscription, the garage could provide notice of cancellation so that the vehicle returns to the garage after 6 months (6months minim term with 1 month notice).
CARIFY will try to but is in no way responsible for finding a new or replacing car in case the subscription is cancelled by the garage.
8.3 Premature termination of the CARIFY subscription by the Customer
The CARIFY subscription cannot be cancelled before the end of the minimum term selected by the Customer.
Up to 3 working days before scheduled handover
If the customer cancels up to 3 working days before the vehicle is handed over, CARIFY will charge a penalty equal to the higher of a monthly subscription or 500 CHF, instead of the full amount of the reservation.
From 3 working days before scheduled handover
If the customer cancels between 3 working days before the vehicle is handed over and the actual handover of the vehicle, CARIFY will charge a penalty corresponding to the higher of a monthly subscription or 1000 CHF.
After handover
Once the vehicle is handed over, premature termination by the customer is possible in the following conditions:
· A penalty fee of the highest amount between one monthly subscription rate or 1000 CHF
· The retroactive payment of the price difference between the current booked minimum term package and the needed minimum term package to cancel earlier.
· Payment of any discount given because of longer minimum term subscriptions
For example: The Customer books a 12 months minimum term subscription at 1000 CHF per month with a one time discount of 300 CHF for longer minimum term booking. After 3 months the Customer wants to terminate the contract. If the subscription had been taken with a 3 months minimum term, the monthly costs would have been 1700 CHF. The applicable costs for the customer to be able to terminate the contract after only 3 months are of 3400 CHF which breaks down in the following:
· 1000 CHF (penalty fee of one monthly subscription rate)
· (1700 CHF -1000 CHF) x 3 months: 2100 CHF (price difference between different minimum terms)
· 300 CHF (voided longer minimum term discount)
8.4 Premature termination of the CARIFY subscription by CARIFY
CARIFY is entitled to prematurely terminate the contract without notice for cause in the following cases:
· The Customer is in default with the payment of the monthly fee and does not make full payment of the outstanding invoice even after the 2nd reminder (see clause 4.3).
· The vehicle loses its vehicle licence, is seized or confiscated by the authorities for reasons for which the Customer or an Authorized User is responsible.
· The vehicle has been used by any party for a criminal offence or there is a corresponding urgent suspicion of a criminal offence.
· A substantial deterioration of the economic situation of the Customer is imminent or has already occurred.
· The Customer loses or is restricted in his legal capacity or dies.
· The subscription cannot be carried out at terms acceptable to CARIFY, such as high costs, high operational efforts or else.
· The Customer uses the vehicle in violation of the contract, allows such use or obtains services in violation of the contract.
· The Customer provides incorrect information about his personal or financial circumstances at the time the contract is entered into or has concealed facts which would have led to CARIFY declining to enter the contract should it have had knowledge of them.
· The Customer relocates his residence abroad or relinquishes or is forced to relinquish his driver's licence (cf. Section 3).
· The Customer refuses to provide the necessary information to fulfil statutory and regulatory obligations.
· A criminal investigation is initiated against the Customer in Switzerland or abroad.
· There has been an insolvency procedure opened against the vehicle providing CARIFY Partner, a third party owning the vehicle or against CARIFY itself.
From the moment a contract violation is observed, CARIFY and/or a mandated third-party have the right to immobilize and retrieve the vehicle through i.e. digital locking (deactivation of key, locking of doors, disabling of engine, etc.) or physical immobilization (removal of plates, clamping, etc.). Third party property may be accessed by CARIFY or its partners in order to retrieve the vehicle.
Premature cancellations from CARIFY leads to the breach of contract fees after handover described under 8.3. above.
If bankruptcy proceedings are opened against the garage, CARIFY may terminate the subscription and reclaim the vehicle immediately from the customer. CARIFY will endeavor to organize a comparable vehicle for the customer for the further subscription period.
8.5 Change of cancellation date
Once a Subscription has been cancelled, any postponement or cancellation of that cancellation date is subject to CARIFY’s and the CARIFY partner’s approval. If the change is accepted, an admin fee will be charged according to clause 7.6..
9. Return of the vehicle
9.1 General
At the end of the rental period, the Customer chooses between bringing the vehicle to the CARIFY partner or a return delivery organized by CARIFY for a fee from an address of his choice within Switzerland or the Principality of Liechtenstein (return delivery). The date and place of return will be agreed by CARIFY together with the Customer.
At the end of the rental period, the Customer must return the vehicle to the CARIFY partner of CARIFY with a full tank of fuel, cleaned and in a roadworthy condition corresponding to the age and mileage of the vehicle, together with all related documents. The mileage and fuel required between the pick-up point and the delivery point are borne by the Customer. Changes on the return address less than five days in advance cannot be guaranteed.
9.2 Condition check
Upon return of the vehicle, a return protocol is drawn up in the presence of the Customer or his representative on the condition of the vehicle, which records the return of the vehicle as well as any ascertainable damage. Within 24 hours after the return of the car, the garage has the right to report claims which could not have been identified during the returning process (for example when the car is too dirty or wet).
If the Customer hands over the vehicle to a CARIFY supplier for return, the garage will inspect the vehicle and draw up the return protocol within 24 hours of receipt of the vehicle by the supplier.
9.3 Condition of the vehicle on return
The damages on the vehicle will be assessed by CARIFY against the CARIFY damage catalogue.
9.4 Compulsory vehicle return and authorisation
If the return date is not respected by the Customer, CARIFY and its CARIFY partners are entitled to collect the vehicle from the Customer's premises without a court order or deposit. The Customer will be charged for the cost of the return.
The Customer authorises CARIFY representatives, the CARIFY partner or third parties appointed by CARIFY to enter the property or building where the rented vehicle is located, to carry out a repatriation.
The Customer shall continue to pay the agreed monthly fee and shall comply with all obligations, even if he/she is not responsible for the late return.
10. Insurance
The client is insured for the duration of the rental relationship by the CARIFY insurance partner Zürich Versicherungs-Gesellschaft AG, Postfach, 8085 Zürich (hereinafter referred to as Zürich Insurance). The insurance coverage depends on the insurance package booked by the customer:
MINIMUM Insurance
· Liability insurance with an insured sum of 100,000,000 CHF deductible per event for subscribers over 25 years 0 CHF per event, deductible per event for subscribers under 25 years 1'000 CHF per event. *
· Fully comprehensive insurance with 1'500 CHF deductible per event. *
· Partially comprehensive insurance with 0 CHF deductible per event.
· No parking damage insurance
· Glass breakage plus
· Roadside assistance Europe with replacement vehicle with return to the CARIFY partner's garage.
· 24/7 breakdown service
BASIC Insurance
· Liability insurance with an insured sum of 100,000,000 CHF deductible per event for subscribers over 25 years 0 CHF per event, deductible per event for subscribers under 25 years 1'000 CHF per event. *
· Fully comprehensive insurance with 1'000 CHF deductible per event. *
· Partially comprehensive insurance with 0 CHF deductible per event.
· Parking damage insurance with 0 CHF deductible per event and max 2 events per calendar year.
· Glass breakage plus
· Roadside assistance Europe with replacement vehicle with return to the CARIFY partner's garage.
· 24/7 breakdown service
PREMIUM Insurance
· Liability insurance with an insured sum of 100,000,000 CHF deductible per event for subscriber over 25 years 0 CHF per event, deductible per event for subscriber under 25 years 1'000 CHF per event. *
· Fully comprehensive insurance with 0 CHF deductible per event. *
· Partially comprehensive insurance with 0 CHF deductible per event.
· Parking damage insurance with 0 CHF deductible per event
· Glass breakage plus
· Roadside assistance Europe with replacement vehicle with return to the CARIFY partner's garage.
· 24/7 breakdown service
*In the case of the driver causing the damage being a different person from the subscriber, and the driver being under 25 years old, the deductible in case of the fully comprehensive insurance is of 3’000 CHF and for the liability insurance of 2’000 CHF.
The General Insurance Conditions (GCI) of the CARIFY insurance partnerare applicable.
11. Claims and breakdowns
11.1 Obligation to report
In the event of events such as accident, theft, loss, fire, damage caused by game or other damage and the assertion of claims by third parties, the Customer must immediately notify the insurance or CARIFY and in case obtain a police report. This also applies to accidents caused by the Customer himself without the involvement of third parties. Opposing claims may not be recognised and the Customer may not repair damage himself.
In all these cases, as well as in the event of a breakdown, CARIFY’s Insurance partner, Zürich Insurance, or CARIFY must be notified immediately.
For damages to be covered by the insurance, the Customer has the legal obligation to make statements as to the circumstances in which these damages occurred. The Customer will be given two reminders to submit statements, if 2 days after the second reminder the statement is not provided, it is considered that no statement has been given and thus no insurance coverage can be applied. In the absence of a statement or the incoherence of a statement, the insurance will not cover the damage and thus the entire reparation amount will be billed to the Customer.
11.2 Minor damages
In the event of minor damage that do not impact the driving safety, CARIFY and the CARIFY Partner can decide to conduct the reparations at the end of the subscription. If the customer wants to get the vehicle repaired earlier, this is subject to CARIFY and the garage’s approval. The customer bears the costs of the delivery drives if required as well as accepts that the car is not available to him during the repair time without any form of compensation (e.g. financial, replacement car, etc.)
11.3 Theft and total loss
In case of total loss or theft, the CARIFY Partner and CARIFY on behalf of the CARIFY Partner has the right to cancel the CARIFY subscription without notice.
11.4 Replacement vehicle
If the vehicle is no longer drivable due to an accident or breakdown, the Customer is eligible for a replacement vehicle from the insurance company up to a maximum defined by the insurance. If the costs of the replacement vehicle are over the insurance allowance (e.g., due to delivery problems of spare parts, towing from abroad, etc), CARIFY will not provide the customer with a replacement vehicle once the insurance company's allowance has been used up.
The insurance coverage on the replacement vehicle depends on the provider chosen by the insurance company and might diverge from the insurance that the customer has on the CARIFY vehicle. All damages or claims linked to a replacement vehicle are to be settled directly between the rental agency and the customer. CARIFY takes no responsibility in such matters.
11.5 Total Damage on the vehicle
In the event of total damage to the vehicle caused by the Customer or a third party, the subscription will be terminated immediately. The customer is liable to pay his subscription until the end of the ongoing month as well as costs related to the damage case (for example the applicable deductible or car value) plus a penalty fee of either 1000 CHF or one monthly subscription rate, whichever is the highest.
CARIFY and the Garage are not obliged to provide a replacement vehicle to the customer. CARIFY can decide if another vehicle can be rented out to the customer in the future.
11.6. Insurance Claim Coverage Delay
In case of damages or claims for which the insurance providers take more than 1 month to assess the claim coverage (due for example to waiting for a court’s decision, etc.), CARIFY can charge the customer for the total claim costs until the decision of the insurance providers is known. In case the claim is covered or partially covered by the insurance provider, the Customer can then be refunded accordingly.
11.7. Power of attorney from the customer about previous claims
The Customer expressly authorizes through this contract to give a power of attorney to the Insurance provider to get information about previous claims.
11.8 Vehicle returned without customer presence
In the unlikely event that the vehicle must be brought back to the owner garage by a third party without the presence of the customer (breakdown, accident, repossession, etc), the return protocol will be established by the garage upon reception of the vehicle and is considered as the state of the vehicle used for the claim processing.
12. Amendments and final provisions
12.1 Amendments to monthly price and services
CARIFY reserves the right to change its prices (e.g. monthly fee, delivery fees, etc.) and services at any time. CARIFY notifies the customer in an appropriate manner (e.g. by e-mail, letter, invoice) of such changes. If the price changes result in higher total costs for the Customer, or if CARIFY changes a service that has a significant impact to the Customer, CARIFY informs the Customer in advance and – up until change’s effective date – the Customer may prematurely terminate the contract without any financial consequences. Failure to do so results in the acceptance of the change.
Price changes that are a result of a changes in tax rates (e.g. changes in VAT) or the inflation rate are not considered as price increases and cannot be used as reasons for extraordinary or early termination from the customer.
12.2 Applicable law, place of jurisdiction
The terms of use and all enclosures are subject to substantive Swiss law.
Place of jurisdiction is Zurich, Switzerland.