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 (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 in regard to 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 fulfillment 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 Partners and the Customer are created when the Customer, using pre-defined functions on the CARIFY Platform, submits his application to enter into a contract and accepts the relevant contractual terms and conditions and these T&C and afterward, as representative of the CARIFY Partner, confirms to CARIFY, electronically or otherwise, the conclusion of the contractual relationship.
4. Data protection, consent of the customer to the forwarding of data
These terms and conditions can be consulted at any time at https://www.carify.com/en/bp/privacy-policy. The Customer agrees that CARIFY may disclose personal data relating to him/her to third parties for the purpose of verifying his/her identity or creditworthiness. The customer is informed that CARIFY may be obliged to disclose Customer Data to the police or other governmental authorities.
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, May 1, 2020.
Anyone who has a permanent address in Switzerland and a driving licence of the category required for the vehicle from the Swiss Road Traffic Offices is entitled 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.
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.
If the creditworthiness of the Customer does not meet the requirements of CARIFY or its partners, the booking will be rejected. Any payments already made will be returned to the Customer within a maximum of 20 days.
By completing the booking process on the CARIFY platform, accepting the CARIFY T&C and these Terms and Conditions, the customer submits a legally binding booking request to the CARIFY partner for a CARIFY subscription. If the following conditions 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.
The CARIFY subscription and its first month of contract starts on the effective delivery to the customer or collection date by the customer.
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
The highway tax sticker;
all registration fees and vehicle taxes;
Insurance benefits according to section 11;
all maintenance and repairs (see Clause 10), unless caused by the customer's use contrary to the contract.
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 covered by the end of the rental period, each additional kilometre will be charged according to the extra km costs defined in this contact.
The Customer owes CARIFY a fixed monthly fee (in CHF incl. VAT/sales tax) for the services provided which is 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).
The customer pays one monthly instalment upon receipt of the booking confirmation by credit card and then every 30 days a further monthly instalment.
If a claim of CARIFY or a CARIFY partner is not settled within the payment period, CARIFY may charge the Customer directly for the additional expenses incurred. The following amounts can be offset:
Reminder No. 1: Lump sum 20 CHF
Reminder No. 2: Flat rate 35 CHF
If after reminder No. 2 the customer does not pay the outstanding invoices, CARIFY is entitled to cancel the CARIFY Subscription without notice on behalf of the CARIFY partner, to collect the vehicle at the customer's expense and to hand over the claims against the customer to a collection agency chosen by CARIFY. The additional costs incurred by the debt collection agency are at the expense of the customer and are accepted by the customer.
When booking his CARIFY subscription, the customer chooses between picking up the vehicle at the CARIFY partner or a delivery organized by CARIFY for a fee to an address of his choice within Switzerland or the Principality of Liechtenstein (home delivery).
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.
Both in case of the customer's independent takeover of the vehicle at the CARIFY partner and in case of home delivery, a takeover protocol is issued. In it, any defects and damages as well as the mileage are noted.
The customer has to check the vehicle upon pickup and note any defects/damage on the pickup report. In case of serious deficiencies/damage the Customer must refuse to accept the vehicle and contact CARIFY immediately.
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.
The vehicle is owned by the CARIFY partners 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.
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 road traffic rules of Switzerland for such student drivers The Customer remains the contractual partner at all times.
The vehicle is to be used primarily in Switzerland. The driving licence of the vehicles of CARIFY and its CARIFY partners is valid 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.
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.
The customer must comply with all traffic regulations at home and abroad.
The customer must ensure that the vehicle is properly protected against theft.
The customer may not drive the vehicle on public roads 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. (i.e. customer reaches a service mileage limit, 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 carried out by the CARIFY partner.
The customer may not commit any criminal offence with the vehicle.
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.
The Customer is responsible for not smoking in the vehicle.
The Customer is responsible for keeping the Vehicle clean and that no animals are kept in it.
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.
CARIFY orders 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. When changing tyres, CARIFY and CARIFY partners are free to decide on the size, make, brand and material of the tyres.
In the event of extraordinary or unforeseeable needs for work on the vehicle, 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.
It is prohibited to use the vehicle for commercial use, to make trips for a fee (e.g. 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.
Any additional work done for CARIFY and its CARIFY partner shall be compensated as follows:
Debt collection: 100 CHF + actual external costs of collection
Return of the vehicle in case of breach of contract: Min. 500 CHF
Removal of heavy soiling in general: 200 CHF
Removal of heavy soiling of the vehicle by animals: 400 CHF
Removal of heavy soiling of the vehicle by smoking: 1800.00 CHF
Violation of obligation to report in case of damage: 500 CHF
Independent assessor in case of disagreement: 480 CHF
Change of the subscription duration / km-package / cancellation date: 50 CHF
Change of vehicle registration document/check plate due to move: 75 CHF
These invoices need to be paid within 14 days.
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. CARIFY shall notify the Customer of the receipt of a fine. In case no response or appeal against the fine is received from the Customer within 48 hours, CARIFY will 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 and to charge the Customer for the efforts and expenses caused by the processing. Multiple traffic violations are considered as breaches of duty according to clause 7.10.
CARIFY reserves the right to issue an interim invoice for excessive mileage (from 2,000km in excess of the current monthly kilometre allowance) 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. CARIFY reserves the right to terminate the subscription without notice in the event of excessive kilometre usage.
The Customer shall immediately inform CARIFY of any change of his domicile and personal data or any relevant information such as loss of a valid driver's license (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 than 30 days, CARIFY may terminate the contractual relationship without notice on behalf of the CARIFY partner.
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.
After the minimum term selected, the customer can cancel the subscription with 30 days' notice to the end of each subscription month. After the minimum term, the car is guaranteed by the garage to the customer for at least another 8 months. In case the garage calls back the car, the garage will provide at least 2 months advance notice. CARIFY will try to but is in no way responsible for finding a new car or replacing a car called back by a garage.
The cancellation must be made in writing by letter to CARIFY AG, Kirchenweg 8, 8008 Zurich or by e-mail to [email protected] or directly through the CARIFY platform.
The CARIFY subscription cannot be cancelled before the end of the minimum term selected by the customer.
If the customer cancels before the vehicle is handed over to him, CARIFY will charge a penalty fee of 500CHF instead of the full booking amount. Once the car is handed over, no cancellation is possible and the customer has to pay all monthly subscriptions until the end of the minimum subscription term.
The subscription can be cancelled before the end of the minimum subscription term in the following exceptional cases:
The Customer is no longer able to use the vehicle due to health reasons, whereby the impairment due to health must not be temporary and has to be proven by means of a medical certificate
The Customer relocates his residence abroad
The Customer dies or is declared missing by a court of law.
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 2rd reminder (see clause 4.3)
The vehicle loses its vehicle license, 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 insurance for the vehicle can no longer be taken out at terms acceptable to CARIFY for reasons for which the Customer is at fault, or if the insurance cover for the vehicle ceases to apply
The vehicle is a total write-off for any reason, or the cost of repair, maintenance or other work on the vehicle is excessive for CARIFY (decided at their discretion);
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 into 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 license
The Customer refuses to provide the necessary information to fulfil statutory and regulatory obligations
A criminal investigation is initiated against the Customer at home or abroad.
At the end of the rental period, the customer chooses between bringing the vehicle at 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, undamaged, 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.
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 CARIFY partner will inspect the vehicle and draw up the return protocol within 24 hours of receipt of the vehicle by the supplier.
The damages on the vehicle will be assessed by CARIFY against the CARIFY damage catalogue .In case of disagreement between the Customer and the representatives of CARIFY or the CARIFY garage partner about the condition of the vehicle, an independent expert will be consulted to objectively assess the condition. The costs of the independent expert will be charged to the customer.
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 in order 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.
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 benefits include:
Liability insurance with an insured sum of 100,000,000, deductible per event for drivers over 25 years 0 CHF per event , deductible per event for drivers under 25 years 1'000 CHF per event
Fully comprehensive insurance with 1'000 CHF deductible per event
parking damage insurance with 0 CHF deductible per event and maximum 2 events per year
Glass breakage plus
Assistance Plus with return to the CARIFY partner's garage
24/7 breakdown service
The General Insurance Conditions (GCI) of the CARIFY insurance partner are applicable.
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 police and have a police report drawn up. 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 must be notified immediately.
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 your vehicle is no longer drivable due to an accident or breakdown, you are eligible for a replacement vehicle from the insurance company forup to maximum of CHF 4,000. If the costs of the replacement vehicle is over CHF 4’000 (e.g. due to delivery problems of spare parts), CARIFY will not provide you with a replacement vehicle once the insurance company's replacement vehicle has expired.
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 cease. CARIFY and the Garage are not obliged to provide a vehicle beyond what the insurance covers.
Place of jurisdiction is Zurich, Switzerland.