Terms & Conditions - Oply

Oply GmbH’s General Terms and Conditions

Version: January 2019


1. Subject and validity of these terms and conditions
1.1. Oply GmbH, Alexanderstr. 9, 10178 Berlin (hereinafter: “Oply”), operates a fleet of passenger cars. Oply offers the individual vehicles for rent in a specific business region through a car-sharing concept under the name “Oply”. The following general terms and conditions (hereinafter referred to as: “GTC”) govern the business relationship between Oply and persons who use Oply’s Oply rental service (hereinafter referred to as: “users”) (Oply and users together are also hereinafter referred to as: “parties”).
1.2. The general terms and conditions include provisions both for the framework contract between the parties, which includes the basic terms of use for the rental vehicles in the Oply fleet (hereinafter referred to as: “framework contract”), as well as for the respective single rental agreement, which governs concrete use on a case-by-case basis when renting an Oply vehicle (hereinafter: “single rental agreement”).
1.3. German is the contractual language of all contracts concluded between the parties on the basis of these GTC.
1.4. Oply can make changes to the GTC if those changes are reasonable for the user. Changes to the GTC can, in particular, be based on legal or technical changes. Moreover, Oply will adjust its services in line with technical developments and the needs of its customers, which may also require changes or additions to the GTC. Users will be informed of changes to the GTC in good time in electronic form (e.g. by email, on the Oply website and through the Oply app). Changes to the GTC only become legally binding once they have been approved by the user. The user’s approval is deemed to have been given if they either actively declare their approval (e.g. by clicking on a relevant button in the app or on a relevant button or link in an email or on the Oply app/Oply website) or if they do not object to the changes either in writing or electronic form (e.g. by email). The deadline for objection is four weeks from the time Oply gives notice of the changes to the GTC. The relevant date in terms of complying with the deadline is the date the user sends the objection to Oply. Oply will inform users separately of the possibility and requirements of objections, and of the consequences of not making an objection, when announcing any changes.
2. Conditions of registration and use
2.1. Users must register to use the service provided by Oply. A fee is incurred for registering, with the amount based on the price list in force at the time of registration. The price list can be called up, viewed and saved via the Oply app or the Oply website.
2.2. When a user registers, an individual Oply account is created for them. They can then log in and out of this account via the app or website as they please, and manage their contractual relationship with Oply through it (e.g. reserve, rent, cancel vehicles, etc.). Users can register either through the Oply website or the Oply app by following the registration steps specified there and entering the information asked for.
2.3. You must be 18 years old or over to register with and use Oply.
2.4. The user must not give their Oply account login data to third parties, and they must ensure that their login data cannot be accessed by third parties. The Oply account is not transferrable. The user is liable for the misuse of their login data if gross negligence, or worse, on their part led to the misuse.
2.5. If the user discovers that the login data to their Oply account has been lost or accessed by a third party, they must inform Oply immediately either by phone or email, using the contact details provided on the website’s legal information page.
2.6. To use Oply, the user must have a valid driver’s licence issued in their name. European driver’s licences from the European Union (EU) and/or the European Economic Area (EEA) are accepted. Other types of driver’s licences are only accepted in combination with an international driver’s licence or a certified translation of the national driver’s licence. The driver’s licence must be a Class B driver’s licence, or if it is a foreign driver’s licence, a driving licence class that is comparable to the Class B driver’s licence. A BF17 driver’s licence is not acceptable.
2.7. The driver’s licence must be validated in accordance with clause 5 before the function for concluding single rental agreements can be activated.
2.8. Registration with and the use of Oply is open to people whose place of residence is in Germany and to people whose place of residence is outside of Germany. However, in the latter case, it is possible that certain payment methods are not available.
2.9. Both consumers, as defined by Section 13 of the German Civil Code (Bürgerliches Gesetzbuch), and businesses, as defined by Section 14 of the German Civil Code, can register with and use Oply.
2.10. Each user may only have one Oply account in their name.
3. Conclusion of a framework contract
3.1. With the successful registration of the user, a framework contract is formed between Oply and the user, through which the present GTC are included in the contractual relationship between the user and Oply. Specifically, the following apply:
3.1.1. Oply allows the user to either register as a user on the website (www.oply.com) or in the Oply app, and to hereby create an Oply account (see also clause 2.2). The option to register does not represent a legally binding offer to conclude a contract on Oply’s part, but merely a legally non-binding request for submission of an offer on the part of the user.
3.1.2. At the beginning of the registration process via the app or website, the user is given the option of completing the registration by pressing the “Register Now” or “Register now with obligation to pay” button, in case a registration fee is required. By pressing the button, the user submits to Oply a legally binding offer to conclude a framework contract in accordance with these GTC.
3.1.3. Oply can accept or decline the user’s offer at its own discretion by submitting a declaration to the user in electronic form. The creation of the Oply account on the basis of the registration form submitted by the user suffices as a valid declaration of acceptance.
3.2. The framework contract is concluded between the parties for an indefinite period.
3.3. The conclusion of the framework contract does not represent an entitlement to the conclusion of one or more single rental agreements on Oply’s or the user’s part.
4. The conclusion and content of single rental agreements (Plan & Flex)
4.1. A registered user who has had their driver’s licence validated in accordance with clause 5 can book vehicles from Oply’s fleet. Each time a vehicle is booked, a single rental agreement is concluded between the user and Oply, the conditions of which conform with these GTC, which apply through the framework contract.
4.2. Single rental agreements can either be concluded as “Plan” bookings or as “Flex” bookings.
4.3. The following applies for “Plan” bookings by the user:
4.3.1. “Plan” bookings are vehicle rentals for a rental period fixed before the journey begins. The single rental agreement is formed when the user selects the desired vehicle type, fills out the booking form (rental period, rental start) and submits an offer to conclude a single rental agreement by pressing the “Book for [Value] Euro” button. Oply can accept or decline the offer at its discretion. Confirmation of the acceptance or rejection of the rental is given by displaying a corresponding text or its transmission in electronic form.
4.3.2. The beginning of the rental contract is determined by the agreement between the parties. For this, the user enters the desired date via the booking feature on the Oply app or Oply website. If it is possible to make a booking for the desired date, this is confirmed by Oply. A “Plan” booking can subsequently be cancelled without charge up to 24 hours before the rental start as long as no other cancellation deadlines are stated in the relevant tariff details. Unless otherwise stated in the relevant tariff, it is also possible to cancel in the 24 hours leading up to the start of the planned journey, however, 50% of the agreed rental charge is due in such cases. Thereafter the full rental charge is payable, no matter whether the journey has started or not, unless stated otherwise in the tariff.
4.3.3. The respective tariffs can include a minimum and a maximum rental period. Unless agreed otherwise, the minimum rental period is 12 hours and the maximum rental period is 27 days. Subject to tariff-specific exceptions, after the first 12 hours, it is only possible to make bookings for whole days (24 hours). After booking, the rental period can be extended by postponing the end date but it is not possible to shorten the rental period; this does not affect clause 4.4.4.
4.3.4. If the user exceeds the booked rental period, the relevant single rental agreement is extended by a period equal to the originally booked rental period. In addition to the fee for the extended rental period, the user must also pay a penalty fee – the amount is determined by the Oply price
list in force at the time the rental period is exceeded. Oply reserves the right to unilaterally terminate the single
rental agreement at any time should the maximum rental period as stated in 4.3.3 be exceeded. In such cases, an
additional penalty fee is due in accordance with the Oply price list in force at the time the maximum rental period is
exceeded.
4.3.5. The user can start the journey at any time during the rental period. If the period of time during which the vehicle is actually in use is less than the booked rental period, the user does not receive a refund.
4.3.6. The user can make several cumulative bookings in advance. These are all to be made as separate bookings. Bookings do not relate to a specific vehicle, only to a certain type of vehicle. The selection of the specific vehicle is down to Oply. The vehicle is assigned one hour before rental start at the latest.
4.3.7. Vehicles can be rented from each full quarter of an hour. It is not possible to make bookings outside of this interval.
4.3.8. The rental fee for a single rental agreement can include a certain number of kilometres – as stated in the selected tariff. If the user exceeds this distance during the rental period, an additional charge per km will be due in accordance with the Oply price list. The additional charge per km will be billed to the user separately.
4.3.9. Should Oply, without fault of its own, be unable to provide a vehicle of the booked category or in the booked zone, e.g. because a vehicle was not returned in breach of a contractual obligation, a vehicle has been damaged or becomes defective, the user may chose without additional costs to accept a different vehicle category or a different zone or to withdraw from the booking. In such case Oply shall not be liable for any damages.
4.4. The following applies for “Flex” bookings by the user:
4.4.1. A “Flex” booking is a single rental agreement between the parties relating to a specific vehicle in which the rental duration is not specified in advance by the parties. The minimum rental period is one hour, and this also applies when extending the rental period beyond the first hour. However, the rental duration in a “Flex” booking is limited to a maximum total of 12 hours, unless otherwise stated in the individual tariff. If the user exceeds the maximum rental period, they must pay a penalty fee – the amount is determined by the Oply price list in force at the time the rental period is exceeded. Oply reserves the right to unilaterally terminate the single rental agreement at any time should the maximum rental period be exceeded.
4.4.2. Before completing a “Flex” booking, it is possible to reserve the relevant vehicle via the Oply app for a period
of 30 minutes at no charge, unless the individual tariff states a different reservation period. Oply will not make the vehicle available to other users during this reservation.
4.4.3. The first reservation of a vehicle represents a contract concerning a free reservation between the parties. The contract is formed when the user submits an offer to conclude the reservation contract subject to these GTC by pressing the button featuring the word “Reserve” or a similar wording. Oply can accept or decline the offer at its own discretion. The offer is accepted or declined by the display of a corresponding text in the app or its transmission in electronic form.
4.4.4. A reservation can be extended by an additional 30 minutes an unlimited number of times. Each 30-minute extension requires payment of a reservation fee in accordance with the Oply price list in force at the time of reservation. Every extension of a reservation represents a contract concerning a fee-based reservation between the parties. This contract is formed when the user submits an offer to conclude the reservation contract subject to these GTC by pressing the button featuring the wording “Book for [amount] Euro” or similar wording. Oply can accept or decline the offer at its own discretion. The offer is accepted or declined by the display of a corresponding text in the app or its transmission in electronic form.
4.4.5. The single rental agreement (the “Flex” booking) is formed when the user selects the desired vehicle, which they have already reserved, and submits an offer to conclude a single rental agreement by pressing the “Open & order with obligation to pay” button. The user cannot revoke the offer to conclude the contract. Oply can accept or decline the offer at its discretion. Oply declares its acceptance of the offer by opening the car’s central locking system, and the single rental begins. The offer is declined by the display of a corresponding text in the app or its transmission in electronic form.
4.4.6. If the user cancels a booking, Oply can decline a new booking of the same vehicle.
4.5. The following applies both for “Flex” and for “Plan” bookings:
4.5.1. An overview of bookings can be found in the relevant account.
4.5.2. The user must return the vehicle to the designated zone at the end of the rental period. If they fail to do so, Oply can postpone the end of the rental period until the vehicle is returned to a designated zone and it can continue to charge the standard rental fees.
4.5.3. If it becomes necessary to organise the return transport of a vehicle to a certain zone, the customer must pay the fee stated in the Oply price list.
4.5.4. Oply is entitled to immobilise the vehicle through remote access in cases where continued use represents a risk of significant damage for Oply, as long as this does not pose a danger to the occupants or the vehicle. This applies in particular in cases of use outside the authorised area. Oply will attempt to contact the driver before immobilising the vehicle.
4.5.5. The possibility of making a reservation (in “Flex” bookings) or of concluding a single rental agreement (in “Plan” bookings) depends on whether the desired vehicle is available at the relevant time. The user does not have a right to a successful reservation (in “Flex” bookings) or to the conclusion of a single rental agreement (in “Plan” bookings).
4.5.6. Each user can only book and use one vehicle at any given time. It is possible to make a chain of consecutive “Plan” bookings, but only ever one booking at any point in time.
5. Drivers license check
5.1. A registered user can only conclude single rental agreements for vehicles once they have provided Oply with proof that they have a valid driver’s licence in accordance with clause 2.3. For this purpose, Oply will verify the driver’s licence in accordance with the following provisions:
5.1.1. To verify their driver’s licence, the registered user must open the verification function in their Oply account (which can be accessed via the Oply app or the Oply website), and take and submit a photo of the front and back of their driver’s licence, as well as a photo of themselves. The photos are transferred directly to a verification service provider working on behalf of Oply, who will use this data exclusively to verify the individual and the driver’s licence. Oply saves the driver’s first name and last name, the licence number, and the validity of the driver’s licence. Oply will inform the user if the verification service provider is unable to validate the driver’s licence. The user should call Oply’s customer service hotline to arrange another verification attempt.
5.1.2. The user must verify their licence again three years after notification of a successful verification. If the driver’s licence is not from an EU or EEA country, it must be verified again every six months.
5.1.3. Oply reserves the right to request the user to carry out a further verification check of their driver’s licence in accordance with clause 5.1.1 at any time. If the user fails to comply with such a request, Oply can disable the function that allows the user to conclude single rental agreements in their Oply account.
5.2. If the user’s driver’s licence is lost or revoked, they are no longer entitled to use Oply’s vehicles. The user remains unauthorised for bookings until they have provided Oply with proof that the loss or revocation of the driver’s licence has been resolved. The user must inform Oply without delay of any revocation or limitation imposed on their driver’s licence, of any driving bans imposed upon them, and of any temporary seizure or confiscation of their driver’s licence.
6. Ending single rental agreements (Plan & Flex) and return
6.1. The ending of both “Plan” and “Flex” single rental agreements is governed by the provisions of this clause 6, unless other terms are agreed between the parties. Ending the rental in accordance with the provisions of this section legally represents a termination of the single rental agreement by the user.
6.2. To end a single rental agreement, the user must return the rented vehicle to the original business region in which they started the rental (hereinafter referred to as “zone”), and to park there in accordance with the relevant road traffic regulations. Unless explicitly permitted and indicated by Oply, the user is not allowed to park on private land (e.g. customer car parks, etc.).
6.3. The user may only park the vehicle in spaces subject to time/day-based parking limitations (e.g. an absolute no- parking zone with the addendum “8am–8pm”) if the limitation only comes into force a minimum of 72 hours after the vehicle is parked. The same applies to announced traffic limitations that have not yet come into force (e.g. due to a house move).
6.4. Ending a single rental agreement outside the zone is not permitted. In emergency cases, users can contact the Oply hotline. Should express permission be given to the user to end the single rental agreement outside the zone, additional charges may be incurred in accordance with the Oply price list in force at the time of the rental start.
6.5. Before the end of the rental, the user must ensure that:
6.5.1. the vehicle is adequately secured against theft, with all doors and windows (and sliding roof, if applicable) closed/locked, the hand brake pulled up, the steering lock activated and all lights switched off;
6.5.2. all of the vehicle’s cards and documents (e.g. fuel card, vehicle registration document, etc.) are in the vehicle;
6.5.3. all the vehicle’s equipment and other accessories (e.g. child seats) are in the vehicle;
6.5.4. the vehicle does not exhibit signs of heavy soiling either inside or outside, and that all rubbish has been removed from the vehicle.
6.6. The single rental can only be ended via the Oply app. This requires sufficient connection of the smartphone by means of mobile data (mobile internet) via the user’s mobile phone network at the time the rental comes to an end. If the user does not have sufficient connection by means of mobile data, they can – alternatively – call the Oply service hotline and request the termination of the contract by phone. Before ending the rental in this way, the customer must first try to park the vehicle somewhere else to get better mobile reception.
6.7. Once the vehicle has been parked and the doors have been closed, the user can end the current single rental agreement via the Oply app by pressing the “End trip & lock” button. The single rental agreement is terminated as soon as the vehicle confirms the end of the single rental by locking the central locking system. If the user leaves the vehicle without ending the rental, the user continues to be liable for the agreed fees incurred for the rental period in accordance with these GTC and the price list.
6.8. If it is not possible to end the single rental agreement, the user must inform Oply of this via the Oply service hotline without delay and they must remain with the vehicle until a solution to the problem has been found with Oply. The user will be refunded any additional rental fees incurred as a result of the problem ending the rental as of the point in time Oply was informed of the issue. No refund is given where the problem ending the single rental is due to grossly negligent conduct on the user’s part.
6.9. The user can lock the vehicle without ending the rental ahead of time – this is done by leaving the vehicle and pressing the “Make stopover” button in the Oply app. In this case, the vehicle’s central locking system is activated but the single rental agreement is not ended. The provisions in clause 4.3, in particular clauses 4.3.3 and 4.3.4 on the rental period, remain unaffected.
7. Opening the vehicle and refuelling
7.1. The user can select a desired vehicle in the Oply app and – as long as that vehicle is available for the desired time – open it via the Oply app. The user will only be able to open a vehicle if they are standing in close proximity to it. It is only possible to open the vehicle through the Oply app. It is not possible to open the vehicle in any way other than through the Oply app (e.g. by calling Oply).
7.2. The user must refuel the vehicle at the petrol stations of Oply’s partners – their locations can be found on the Oply app or the Oply website. The cheapest fuel approved for the respective vehicle must always be used when refuelling. The fuel card stored in the vehicle must be used to pay when refuelling the vehicle. If the user refuels the vehicle at a petrol station that does not belong to the Oply partner programme, the user must pay the cost of refuelling themselves. Refuelling costs incurred by refuelling at petrol stations not belonging to the partner programme, or without using the fuel card, cannot be reimbursed. By way of an exception, refunds may be possible in individual cases upon the user’s request if the user was unable to refuel the vehicle at an Oply partner petrol station or to use the fuel card through no fault of their own.
7.3. If the vehicle’s fuel level drops below 25% of the maximum filling capacity, the user must fill the tank during the rental. If the user does not comply with this duty to refuel, they are bound to pay the relevant penalty fee, with the amount based on the Oply price list in force at the time the respective single rental agreement was concluded.
7.4. The fuel card may only be used to refuel and to replenish essential fuel for the vehicle rented by the user, to which the card is assigned. Oply reserves the right to report any other usage of the fuel card (e.g. for a vehicle that does not belong to the Oply fleet) to the police.
8. General duties of the user and prohibitions
8.1. The user commits to comply with the following duties:
8.1.1. to inform Oply of any damage or heavy soiling to the car before beginning their journey, and to inform Oply without delay of any damage or heavy soiling to the vehicle that occurred during the journey, and in cases of damage, to await Oply’s decision regarding whether the journey/onward journey may be started/continued,
8.1.2. to treat the vehicle with care and to use it in accordance with the operating manual, the vehicle documents and the manufacturer’s specifications at all times,
8.1.3. to stop without delay when the vehicle’s warning signs and warning lights come on and to discuss with Oply whether it is possible to continue the journey,
8.1.4. to comply with all the relevant laws when operating the vehicle, in particular the Road Traffic Regulations (StVO) and the Road Traffic Act (StVG) insofar as those have not been adopted in these GTC by Oply,
8.1.5. to ensure that the vehicle is in a safe and roadworthy condition during the period of use,
8.1.6. to check the tyre pressure at regular intervals during long journeys, and to adjust when necessary,
8.1.7. to use all the vehicle’s anti-theft features (e.g. central locking, steering wheel lock, etc.).
8.2. Without prejudice to other prohibitions in the present GTC, the user is hereby expressly prohibited from:
8.2.1. entrusting Oply vehicles to third parties. Exceptions are made in cases of health emergencies in which the user’s fitness to drive is compromised, or where the driver is in breach of the driving and resting time regulations. If one of these two exceptions is the case, the user must check whether the third party is, in accordance with these GTC, old enough to drive the motor vehicle and has the necessary driver’s licence,
8.2.2. driving a vehicle under the influence of alcohol, drugs or medication that could impair the user’s driving ability. The blood-alcohol limit is 0.0‰,
8.2.3. using the vehicle to commit crimes,
8.2.4. using the vehicle for driving off-road, motorsport or any other kinds of racing,
8.2.5. using the vehicle for commercial purposes, in particular for transporting goods, for advertising activities or for sub- leasing,
8.2.6. using the vehicle for training purposes or for vehicle tests,
8.2.7. using the vehicle to transport hazardous materials, in particular highly flammable or poisonous materials,
8.2.8. using the vehicle to transport materials or objects whose shape, properties, size or weight could compromise driving safety or lead to damage to the vehicle’s interior,
8.2.9. smoking in the vehicle or allowing other vehicle occupants to smoke (this applies to normal tobacco products and to electronic cigarettes),
8.2.10. overloading the vehicle or transporting more people than the number of seats with seat belts,
8.2.11. using the vehicle to transport animals, unless these are in a closed, securely stowed transport box in the boot,
8.2.12. heavily soiling the vehicle or leaving any kind of rubbish in the vehicle,
8.2.13. Carrying out modifications or repairs, or allowing third parties to do so,
8.2.14. removing any fixtures or accessories from the vehicle,
8.2.15. disabling the front passenger airbag, unless this is required in accordance with the respective manufacturer’s instructions for the use of child seats, booster seats or infant carriers in accordance with clause 8.2.16,
8.2.16. leaving a disabled front passenger airbag disabled when returning the vehicle,
8.2.17. transporting children without a child seat, a booster seat or an infant carrier where one is needed. The user must follow all the manufacturer’s instructions when installing and removing child seats, booster seats or infant carriers,
8.2.18. using the vehicle for journeys outside the authorised regions. Oply provides and regularly updates the list of authorised regions on its website.
9. The user’s obligations in cases of traffic violations, accidents, damage, faults and theft of the vehicle
9.1. The following obligations are essential contractual obligations. Should the user fail to comply with the following obligations, the insurance cover can – in accordance with clause 11 – be cancelled completely in the case of an intentional violation, and completely or partially in the case of a grossly negligent violation, depending on the degree of fault.
9.2. Without prejudice to clause 8.1.1, the user has a duty to inform Oply by phone without delay of all accidents, damage and faults that occur during a single rental or that are discernible on the vehicle before the rental start, and to take suitable measures to mitigate and prevent damage on the spot as far as possible.
9.3. The user must inform Oply without delay of all accidents in which a vehicle driven by them was involved. In cases of accidents in which damage has been caused to the property of others or their person, and/or if Oply requires them to do so, the user must ask the police to record the accident and send Oply the accident report as soon as possible. Should the police refuse to record the accident despite being requested by the user to do so, the user must inform Oply of this without delay. The user must coordinate with Oply about how to proceed and they must comply with the instructions issued by Oply concerning this, no matter whether blame for the accident lies with the user or a third party. In cases where the police refuse to record the accident, the user must provide Oply with proof if requested (e.g. written confirmation by the police).
9.4. If, in the accident, nobody was injured, or if in cases of damage to property alone it was deemed appropriate to merely exchange information with the aggrieved party in accordance with Section 34 Par. 1 No. 5 and No. 6 of the Road Traffic Regulations (StVO), the user – by way of an exception after consulting with Oply – need not inform the police. This only applies if the vehicle only displays signs of minor paint damage, and scratches in particular. However, the user still has a duty to inform Oply without delay of the damage by presenting an accident report. The exemption in this clause is not applicable if the user does not know the identity of the damaging party (e.g. hit and run).
9.5. The user may only leave the scene of the accident after
9.5.1. the police have finished recording the accident or Oply has been informed of the police’s refusal to record the accident and further action steps have been coordinated (see clause 9.2), and
9.5.2. the measures to preserve evidence and minimise damage agreed with Oply have been carried out, and
9.5.3. the vehicle has been handed over to a towing company or a service provider selected by Oply, or after consulting with Oply the vehicle has been parked safely or moved away by the user.
9.6. No matter whether a police accident report has been produced or not, the user must, in all cases of accidents, damage, destruction or theft of a vehicle or parts of a vehicle, provide Oply with a written accident and damage report (electronic form is sufficient) within 7 days of the respective event, and answer all queries from Oply truthfully and completely. The user must forward all police and other official file numbers they are aware of, as well as a copy of any available reports. Oply provides the user with an accident and damage form on the Oply website for this purpose. Should the user be guilty of failing to send the accident and damage report in due time and should the insurance company refuse to settle a claim as a result of this delay, Oply can reclaim the costs arising from the accident from the user. Furthermore, the user must produce and submit the evidence requested by Oply insofar as this can justifiably be expected of the user. In the process of resolving the damage, the user must follow Oply’s reasonable instructions insofar as these are appropriate. The user has an obligation to make it possible for Oply and the insurer to carry out investigations of the damage event and of the insurer’s obligation to assume liabilities to the extent that is reasonable for the user. This includes presenting original documents, releasing the attending physicians, other insurers, underwriters or authorities from confidentiality when communicating with the insurance company within the framework of Section 213 of the Insurance Contract Act (VVG), and submitting to examination by doctors working on behalf of the insurance company, in which case the costs of the examination and any loss of earnings are paid by the insurance company. The user must help to ensure that the requested reports are produced as soon as possible.
9.7. If an accident results in the death of an insured person, the user must report the fatality within 48 hours. This applies even if the accident has already been reported. Insofar as the user has influence in this regard, the insurer is to be provided with the right to have a post-mortem examination carried out by a doctor working on behalf of the insurance company.
9.8. Where an accident has occurred that could lead to an insured damage, a doctor must be called without delay and the doctor’s orders must be followed, and the user must also include this in their report.
9.9. The user must inform Oply without delay of any assertions of third-party claims against the user arising from a damage event. This applies in particular in cases of judicial assertions.
9.10. The user must allow the insurer to conduct the legal dispute, if applicable. In individual cases, the insurer is entitled to instruct a lawyer in the user’s name; the user must give the lawyer power of attorney and provide them with all the required information and requested documents. If, two days before a deadline, no instruction has been received from the insurer, the due legal appeal is to be issued against a default summons or an order by a public authority.
9.11. All compensation relating to material damages is due to Oply alone. If the user receives any compensation payments due to an accident or damage, the user must pass these on to Oply unasked.
9.12. When an accident has happened, the user is prohibited from declaring liability or making any similar binding statements. Where the user acts contrary to this, neither Oply nor the insurer is bound by the user’s declaration.
9.13. Should the vehicle no longer be driveable or roadworthy as a result of an accident or damage, the user is liable for the costs incurred in towing the vehicle if the accident or damage is attributable to fault on the user’s part.
9.14. When asked by Oply, the user must disclose the exact location of the towed-away vehicle and make it possible for it to be inspected.
9.15. In the case of an accident, the single rental agreement is ended in accordance with the general ending provisions in clause 6. If the vehicle is no longer driveable or roadworthy as a result of the accident, the single rental agreement is – after consultation with Oply on the phone – ended when the vehicle is handed over to the towing company or a service provider selected by Oply. The agreed rental fees continue to be incurred until termination.
9.16. Until the submission of their contractual declaration, the user must inform Oply truthfully and in full of all known risk-related circumstances for which Oply has asked. If Oply asks about risk-related circumstances in electronic form after the contractual declaration but before the acceptance of the contract, the user is also obliged to disclose this information.
10. Prices and payments
10.1. The costs incurred are governed by the respective Oply price list at the time of booking. The respective prices are displayed accordingly at the time of booking.
10.2. The following applies, subject to a deviating provision in the specific tariff selected by the customer: with credit card payments, Oply can request provisional authorisation of the payment 72 hours before the rental start, in which case the final amount is only charged after the end of the rental. In cases of bookings made within 72 hours of the rental start, a corresponding request for provisional authorisation for payment is made immediately. If such a provisional authorisation is not possible, the customer is informed that it has been denied, and they are asked to provide a different payment method. If another payment method is not selected 24 hours before the rental start, the booking is cancelled without charge. With other payment methods, the amount is charged after the end of the respective booking.
10.3. Oply is not obliged to offer specific payment methods, and it can make various payment methods available depending on the place of booking.
10.4. In cases where Oply provides its services without requiring prepayment, i.e. in particular with payment methods where the payment is not immediately authorised or reserved, Oply reserves the right to seek a credit check on the basis of mathematical and statistical processes from SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, or another comparable national provider. To this end, Oply passes on the personal information required for a credit check to the company and uses the information received about the statistical probability of a payment default to make a carefully considered decision about establishing, implementing or ending the contractual relationship. The credit report can include probability values (score values) that are calculated on the basis of scientifically proven mathematical and statistical processes. Address information is one element included in these calculations. User interests worthy of protection are taken into account in accordance with the legal provisions. In cases where the user expressly refuses such disclosure, or where the result is negative, Oply expressly reserves the right to limit the range of payment methods in such a way as to make advance payment, advance authorisation or advance reservation necessary.
10.5. Every single rental transaction is invoiced separately. The respective invoices are saved in the user’s account.
10.6. Oply retains the right to assign claims against the user to third parties. The user will be notified of any such assignment without delay. From notification of such an assignment, payments may only be made to the assignee. In cases of assignment, the user authorises the assignee to collect payment by means of the specified payment method, including any additional costs, charges or penalty fees. Oply will pass on the user’s payment details to the assignee for the purpose of collecting payment, and these may only be used for the collection of the claim and must then be blocked from further use.
10.7. If the user is awarded free credit to their Oply account as part of a promotional campaign or competition, this kind of free credit is always used up first when the user makes use of Oply’s services, before any paid-for credit is used up and before further payments are collected. Oply can apply a time limit on the validity of any credit granted free of charge – in each specific case, this will be in line with the terms and conditions of the promotional campaign or competition through which the credit was awarded.
10.8. The owner does not have a right of retention against Oply unless the counterclaims are beyond dispute or are determined without further legal recourse; the user is also only allowed to set off counterclaims in these cases. If the user does make counterclaims, these are to be asserted by means of a reclamation.
11. The user’s insurance
11.1. The vehicle used has third-party and comprehensive insurance, with the standard extent of cover.
11.2. Unless otherwise agreed, the user’s liability for accident
damage to the vehicle, in keeping with the principles of a comprehensive insurance policy, is limited to a maximum
of 300 EUR (the user’s excess). The excess may vary depending on the tariff selected by the customer also in
regard to different categories of damages. The insurance cover is only valid for authorised users of the vehicle.
11.3. Unless otherwise agreed, the aforementioned insurance and liability limitation policies are governed by the General Conditions for Car Insurance AKB 2014 (Allgemeine Bedingungen für die Kfz-Versicherung AKB 2014), hereinafter called “AKB”, published by the German Insurance Association (Gesamtverband der Deutschen Versicherungswirtschaft e.V. [GDV]).
11.4. Where damage is caused intentionally, the insurance cover becomes invalid. If the event of damage is caused by gross
negligence, the user’s liability to Oply is governed by Section 81 Par. 2 of the Insurance Contracts Act (VVG) and
is not limited to the relevant exess. . Furthermore, the limitation of liability to the amount of the excess does not
applies in cases of mechanical damage caused by the user through intentional or grossly negligent operating errors or
a violation of clause 8.2.2.
11.5. The insurance cover becomes invalid if the user breaches one of the obligations of the AKB and this leads to the insurer being released from their obligation. The limitation of liability to the amount of the excess does not apply in such cases.
12. The user’s liability, contractual penalties and compensation liability
12.1. 12.1. The user is liable to Oply for damages where they are at fault. This includes in particular damages resulting from failure to comply with obligations and prohibitions listed in clause 8, and damages resulting from theft, loss or damage to the vehicle or to the vehicle’s equipment and accessories.
12.2. In the event of the user being liable for something not covered by the vehicle insurance, the user indemnifies Oply from third-party claims.
12.3. The user’s liability in cases of accidents for which they are responsible extends to the amount of the excess also with regard to consequential damages (e.g. loss of rental income, increases in insurance premiums, expert reports).
12.4. The user is liable for the consequences of administrative offences, traffic violations and criminal offences they commit with the vehicle. They must pay for all costs and fees arising from these, and they indemnify Oply from third-party claims. The user must pay Oply a flat-rate processing fee for processing traffic violations (e.g. penalty charges for parking or speeding violations), the amount being determined by the Oply price list in force at the time the single rental agreement was concluded, during which the traffic violation was committed.
12.5. If the user causes an accident through fault of their own outside Oply’s business region, they must pay all the costs incurred transporting the vehicle back to the business region.
12.6. If the user entrusts the vehicle to a third party in violation of clause 8.2.1, they are liable to pay Oply a penalty charge, the amount of which is determined by the price list in force at the time the single rental agreement was concluded. In such cases, Oply expressly reserves the right to claim further damages.
12.7. In cases of repeated contractual breaches caused at Customer’s fault, Oply can bar the user temporarily or permanently from using vehicles, and disable the function for concluding single rental agreements in the user’s Oply account. Oply will inform the user by email about the debarment and the disabling.
12.8. In cases where the rental is ended within a no-parking zone, the user must pay the penalty charges and fees incurred, in particular the fee charged by the authorities, Oply or third parties for moving the vehicle, as well as Oply’s administration fee for handling the process in accordance with the relevant, valid price list.
12.9. Where these GTC include flat-rate contractual penalties or other fixed-rate fees that are based on the Oply price list, the user is always free to prove that no damage or reduction in value was caused, or that it was lower than the flat-rate fee. At the same time, Oply is also always free to prove that damages higher than the sum of the flat-rate fee have occurred.
12.10. Where provision is made for contractual penalties, these are counted towards claims for damages based on the same conduct by the user.
13. Oply’s liabilities
13.1. Oply is liable for any damages caused intentionally or through gross negligence by its legal representatives, proxies and vicarious agents. In cases of damages caused through ordinary negligence, Oply is liable only for infringement of the material contractual obligations upon which the user may normally rely on their compliance, whose fulfilment allows the contract to be properly executed in the first place, and whose infringement puts the achievement of the contract purpose at risk (“major contractual duties”). Oply’s liability for guarantees given, personal injuries or fatalities, claims arising from the Product Liability Act (ProdHaftG) and in cases of fraudulent concealment of a defect is limited neither on the merits nor in terms of the amount.
13.2. In cases of intent and gross negligence on the part of its vicarious agents who are not executive staff, Oply is only liable to the extent of typically foreseeable damages. The same applies insofar as Oply is liable for ordinary negligence.
13.3. Oply is not liable for objects that have been left in the vehicle after the end of a single rental (hereinafter referred to as “lost property”). This does not apply in cases of intent or gross negligence on Oply’s part or on the part of its legal representatives, proxies or vicarious agents. Oply takes lost property to the central lost property office.
13.4. Liability under a guarantee in accordance with Section 536a of the German Civil Code (BGB) is excluded.
14. Termination of the framework contract
14.1. The framework contract can be ordinarily terminated by either of the contractual parties by providing notice of two weeks before the end of the month in electronic form (email is acceptable).
14.2. The right of the two contractual parties to extraordinary termination of the framework contract due to cause remains unaffected by this.
14.3. If the framework contract has been terminated extraordinarily due to cause, Oply is entitled to demand that the user immediately returns the vehicle they are currently renting, and to repossess the vehicle if the user refuses to do so, and to demand reimbursement of the resulting costs incurred from the user.
14.4. The termination of the framework contract results in the deactivation of the function to conclude single rental agreements in the user’s account.
15. General
15.1. The user may only assign claims or rights arising from the framework contract and all the single rental agreements concluded under the framework contract to third parties after acquiring Oply’s prior written agreement.
15.2. If Oply waives the right to assert claims arising from contractual violations in individual cases, this does not mean that no claims will be asserted in future cases of violation.
15.3. The framework contract and all single rental agreements concluded under the framework contract are governed by German law.
15.4. If the user is a businessperson or a corporate body under public law, or if they do not have a place of general jurisdiction in Germany, the exclusive place of jurisdiction for disputes arising from and in relation to the framework contract or the single rental agreements is the registered headquarters of Oply. Legally stipulated mandatory places of jurisdiction remain unaffected by this.
15.5. In cases where duties to notify are established in this framework contract, notification in electronic form suffices (unless otherwise stipulated) when the notification is sent to a representative named expressly for the specific type of notice. The user’s notifications to Oply should be sent to the points of contact listed on the legal information page.
15.6. Should one of the provisions of these GTC be invalid, this shall not affect the validity of the other provisions.
15.7. The European Commission provides an internet platform for online dispute resolution (ODR platform). The ODR platform provides an opportunity to reach out-of-court settlements in disputes relating to contractual duties in online purchase contracts or contracts between consumers and companies based in the European Union. The platform can be accessed by clicking on the following link: http://ec.europa.eu/consumers/odr Oply is not prepared to take part in any such out-of-court settlement of disputes that arise from contracts with our customers.
15.8. According to the Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz [VSBG]), cross-border and non-cross-border disputes can – with regard to contractual duties arising from purchase contracts or service contracts between a businessperson based in the European Union and a consumer resident in the European Union – be brought before a consumer arbitration board in order to reach an out-of-court settlement of the dispute. Oply is neither obliged nor prepared to take part in a dispute resolution procedure before a consumer arbitration board relating to disputes arising from contracts with users.
16. Cancellation policy and sample form
16.1.

Consumers have a right of cancellation with regard to registration with Oply, but not with regard to the booking of vehicles, on the following terms:


Widerrufsbelehrung
Right of Withdrawal


You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of this contract. To exercise the right of withdrawal you must inform us

Oply GmbH, CEM, Alexanderstrasse 9, 10178 Berlin, Deutschland
Phone: +49 (0) 30 – 544 45 030
E-Mail-Adress: service@oply.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e- mail). You may use the linked withdrawal form but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Sample cancellation form

(If you would like to cancel the contract, please fill out this form and return it to us.) To: Oply GmbH, CEM, Alexanderstrasse 9, 10178 Berlin. Email address: service@oply.com:

I/we (*) hereby cancel the contract concluded by myself/us (*) relating to the purchase of the following goods (*)/the performance of the following service (*)

Ordered on (*)/received on (*) _______________

Name of the consumer _______________

Address of the consumer_______________

Signature of the consumer (only when notice is given on paper) _______________

Date _______________

(*) Delete as applicable.