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 or learner's permit 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.
Legal entities are entitled to take out a CARIFY subscription if they are based in Switzerland. Legal entities must define a natural person as the main user responsible for the vehicle, who is the contact person for CARIFY for all matters. The main user must meet the previously defined requirements for natural persons.
Each customer (both natural and legal persons) 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 delivery or collection date selected by the customer and recorded in the final booking confirmation.
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 of the first year;
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 at 0.25 CHF.
The customer pays two monthly instalments 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 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.
The vehicle is owned by the CARIFY partners or a third party. The customer does not acquire any ownership or other rights in rem 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 remains the contractual partner at all times.
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.
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 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 free to provide the customer with an equivalent replacement vehicle for the period of maintenance or service.
It is prohibited to use the vehicle 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: 300 CHF
Removal of heavy soiling of the vehicle by smoking: 600.00 CHF
Violation of obligation to report in case of damage: 500 CHF
Independent assessor in case of disagreement: 800 CHF
Change of vehicle registration document/check plate due to move: 75 CHF
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 7.9.
The Customer shall immediately inform CARIFY of any change of his domicile and personal data. 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.
The CARIFY subscription is unlimited and starts on the effective delivery or collection date of the vehicle selected 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.
The cancellation must be made in writing by letter to CARIFY AG, Kirchenweg 8, 8008 Zurich or by e-mail to [email protected].
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 date and place of return will be agreed by CARIFY together with 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.
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.
In case of disagreement between the Customer and the representatives of CARIFY or the CARIFY 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 DEXTRA Versicherungen AG, Hohlstrasse 558, 8048 Zurich (hereinafter referred to as DEXTRA Versicherung). The benefits include:
Liability insurance with an insured sum of 100,000,000, CHFdeductible per event for drivers over 25 years 0 CHF, deductible per event for drivers under 25 years
Fully comprehensive insurance with 1'000 CHF deductible
Unlimited parking damage insurance with 300 CHF deductible
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, DEXTRA Insurance must be notified immediately ([email protected] or hotline: +41 58 521 11 11).
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.
Place of jurisdiction is Zurich, Switzerland.