Subscription Terms & Conditions
1. General information, scope of application
1.1. These rental terms and conditions (hereinafter referred to as "Rental Terms") apply to all declarations of intent, contracts and legal or quasi-legal acts of unu Mobility Services GmbH (hereinafter also referred to as "We") with you as our customer, provided that you are a consumer within the meaning of Section 13 of the German Civil Code (hereinafter also referred to as "You"), with regard to the rental of unu scooters and/or batteries as well as any other accessories (each as defined below) within the framework of the "Subscription Model".
1.2. Counter-confirmations by you with reference to your own terms and conditions of business and/or purchase are expressly rejected; these do not become part of agreements unless these terms and conditions are expressly confirmed by us in writing.
1.3. We reserve the right to change these rental conditions if this is necessary to adapt to changed legal or technical conditions. The changes will be notified to you by e-mail and by publication on our website. Any changes shall be deemed to have been approved if you do not object to them in text form within four (4) weeks of receipt of the notification of change. We will separately inform you of the right of objection and the legal consequence of silence together with the notification of change. In the event that the customer objects to the amendment or supplement to the terms and conditions, we shall be entitled to terminate the rental agreement on the basis of these rental terms and conditions with a notice period of four (4) weeks.
2. Conclusion of contract
2.1. We conclude contracts within the framework of our online ordering process exclusively in [German or English]. You can select your preferred language via the language selection in the footer on the website.
2.2. To conclude a contract with us, you must be at least 18 years old and have your main residence in the [Federal Republic of Germany].
2.3. By clicking the button "Conclude now with costs" you place a binding order for the variant and contract period of the subscription model selected by you in the online ordering process. We will confirm receipt of your order by e-mail immediately after you have sent it. A binding contract is concluded upon receipt of the order confirmation. With the conclusion of the contract you are bound to these rental conditions.
2.4. During the order process you can select the desired rental object and, if necessary, additional accessories.
2.5. In order to check your personal data, We are entitled to compare it with your photo ID (e.g. identity card). If your personal data of the customer changes during the contract period, you are obliged to inform us about the changes within two weeks.
3. Right of withdrawal
3.1. You have the right to cancel this rental contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send us
unu Mobility Services GmbH
Tempelhofer Ufer 17
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this rental agreement. You can use the model withdrawal form, which is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
3.2. If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and no later than 14 days from the day on which we received the notification of your cancellation of this rental contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the provision of services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal compared to the total scope of the services provided for in the contract.
3.3. You must return or hand over the rental objects to us immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the rental objects before the expiry of the period of 14 days. We may refuse repayment until we have received the rented items back or until you have provided proof that you have returned the rented items, whichever is the earlier.
4. Subject of the contract, rental objects
4.1. We offer the rental of (i) unu scooters (incl. battery(ies)) ("unu scooter subscription") as well as (ii) batteries ("battery subscription") and, if applicable, further accessories (the objects rented within the framework of a subscription also referred to as "rental objects"; the underlying contract as the "rental contract") within the framework of the "subscription model" (hereinafter also referred to as "subscription").
4.2. If a provision of these rental terms and conditions only applies to one variant of the subscription (unu Scooter subscription or battery subscription), this is indicated in these terms and conditions by specific reference to the respective rental object (unu Scooter or battery). If, on the other hand, general reference is made in these rental conditions to the 'rental objects', this includes the unu scooter and the battery or only the battery and any other accessories, depending on the subscription variant you have selected.
4.3. "unu Scooter" means an electric moped of the brand "unu". "Battery" means the drive unit of the unu Scooter. The "Manufacturer" of the unu Scooter and the Battery is unu GmbH.
4.4. You have no claim to the surrender of a certain rental object. We are obliged to provide you with the rental object in a usable condition and to maintain the usability during the rental period.
4.5. We expressly reserve the right to make changes to the rental objects or replacements during the rental period, insofar as this is necessary to achieve the purpose of the contract and insofar as this is reasonable for you, taking into account our interests.
4.6. You must handle and use the rental equipment properly in accordance with the maintenance instructions in the manufacturer's inspection booklet (the "Inspection Booklet") and the manufacturer's operating instructions (the "Operating Instructions") (both available at any time at www.unumotors.com). You are obliged to ensure the proper and contractual use of the rental objects.
5. Rental period, rental fees, terms of payment
5.1. The rental period begins on the day of delivery of the rental object. The handover is certified by corresponding notification of the delivery company.
5.2. The monthly rental rates are consideration for the transfer of use of the rental objects. The rental fees are calculated taking into account the contract term in accordance with the prices stated in the online ordering process for the respective variant of the subscription model. If the rental objects are handed over during the course of a month, the first and last rental instalments shall be calculated to the day.
5.3. The first rental instalment is due at the start of the rental period. It will be collected monthly in advance by us on the specified instalment due date (retroactively if applicable) using the payment method selected by you in the online ordering process. The respective possible payment methods are displayed in the online ordering process.
5.4. We process all payments through external payment service providers (including Stripe Payments Europe Limited, based in Ireland). You agree that we will only accept payments through these service providers or that the service provider may automatically debit the resulting amounts over the rental period.
5.5. You will be in default without a reminder if the rental instalments are not received by us on the agreed due date. We are entitled to charge the damage caused by default.
5.6. You shall bear all expenses associated with the operation and maintenance of the rental property, in particular any insurance premiums (unless otherwise agreed in these Rental Terms) and repair costs, unless otherwise provided in these Rental Terms. If a claim is made against Us in this respect, We may have recourse to You.
5.7. You bear the costs for any agreed additional services. These are due immediately, unless otherwise agreed. In addition, you bear taxes and other costs, unless they are shown as part of the rental rate.
5.8. We can demand an adjustment of the rental rate in the event of a change in the rate of value added tax or the introduction of new taxes or duties for the rental rates affected by this.
5.9. The rental agreement is not considered an invoice within the meaning of the German Value Added Tax Act. It can therefore - in the case of commercial rent - not be used for input tax deduction. We issue monthly invoices during the term of the contract that meet the tax invoicing requirements.
6. Delivery, takeover
6.1. The delivery of the battery and any other accessories is usually made together with the delivery of the unu scooter. In the event that the shipping company exceeds the binding or non-binding agreed delivery date for the rental objects, you are authorized by us to assert our rights against the shipping company in our own name.
6.2. You are obliged to accept the rental objects on the agreed delivery date. In the event of non-acceptance, we may exercise our statutory rights. We are entitled to withdraw from the contract by written declaration and/or to demand compensation instead of performance.
7. Authorised drivers
7.1. The unu scooter may only be driven by you and by persons designated to you as Authorized Drivers (hereinafter "Authorized Drivers").
7.2. Authorised riders are not permitted to ride the unu scooter until we have verified the validity of the authorised rider's official driving licence. We reserve the right to ask you and Authorised Riders to re-verify the validity of the driving licence.
7.3. Only persons who have reached the age of 18 and are in possession of a valid driving licence authorising them to drive the unu scooter in the [Federal Republic of Germany] are entitled to drive the unu scooter.
7.4. The obligations and prohibitions of use set out in these terms and conditions also apply accordingly to all other authorised drivers of the unu scooter. You are obliged to inform the authorised drivers about the obligations and prohibitions of use.
8. Ownership, prohibition of alienation & encumbrance
8.1. Ownership of the Rental Property will not pass to you at any time under the Subscription. We or our financing partner to whom we may have transferred ownership of the Rental Objects for (re-)financing purposes ("Financing Partner") remain the owner of the Rental Objects.
8.2. You are the direct owner of the rental objects from the day of delivery and we leave the rental objects to you within the framework of a tenancy relationship.
8.3. You undertake to protect our property rights or those of our financing partner. You may not hand over or dispose of the rental property to any third party; in particular, you may not sell, pledge, rent, lend, give away or assign the rental property as security. Unlawful dispositions are punishable under criminal law and may result in the initiation of criminal investigation proceedings.
8.4. If you, as the owner of the unu Scooter, dispose of your unu Scooter during the contract period of a battery subscription, i.e. sell, rent, lend or give it away, our ownership rights or those of our financing partner to the battery you have rented from us must be maintained in any case. In this case, you will continue to be liable for all contractual and post-contractual claims of us arising from the battery subscription until we have concluded an effective subsequent rental agreement for the battery with the new legal successor/owner of the unu Scooter (see clause 14). In particular, the provisions of clause 20 of the following terms and conditions of hire shall apply.
8.5. You have to keep the rental objects free from rights of third parties. You must notify us immediately of any claims by third parties to the rental objects, theft, damage and loss. You shall bear the costs for measures to prevent access by third parties that were not caused by us.
9. General obligations & prohibitions
9.1. The rental objects are taken over by you on the day of delivery. You must check the functional capability in accordance with the specifications in the operating instructions and, if this is found to be the case, accept the equipment as being in proper working order.
9.2. You are obliged to familiarize yourself with the operation of the rental objects before using them. You are obliged to handle the rental objects with care and to use them with caution. You are also obliged to ensure that the rental equipment is in proper condition and roadworthy (in particular the brakes, tyres and lighting of the unu scooter) before each use and to refrain from using it if there are any defects. In the event of defects that occur during the ride or are discovered during the ride, you are also obliged to stop using the rental objects immediately, to inform us of the defect and to refrain from using the rental objects until the defect has been rectified.
9.3. You are responsible for the careful use of the rental objects and for treating them with care in accordance with the recommendations and the operating instructions. You undertake to comply with these recommendations. In particular, you undertake to comply with all regulations concerning the charging of the battery. Charging must be carried out at designated sockets and exclusively with the charger provided to you by us for this purpose. You are responsible for the cost of the electricity consumed. You must also follow the manufacturer's recommendations for optimising the use of the battery (in particular the operating temperature).
9.4. You shall fulfil the legal obligations arising from the operation and maintenance of the rented property, also insofar as they extend to the rented property.
9.5. You shall, at your own expense, maintain the leased property in good working order and roadworthy condition at all times and shall personally and at your own expense comply with all obligations arising under these terms and conditions of lease which are incumbent upon us in our capacity as owner (or our financing partner).
9.6. You are obliged to comply with the applicable road traffic regulations and local regulations when using the unu scooter. You agree to carry your valid driver's license with you on every ride and to ensure a safe ride.
9.7. You are liable for the consequences of any use of the rented property that does not comply with the legal and contractual provisions; in this regard, you shall bear the expenses, fees, costs and any contractual penalties and/or the fines provided for by law as well as the processing fees listed in the list of fees for this purpose.
9.8. You undertake to comply with the scheduled and due annual maintenance intervals for the unu scooter. The maintenance work can only be carried out at a workshop approved by the manufacturer ("partner workshop"). The costs for the annual maintenance of the unu scooter at a partner workshop will be borne by us.
9.9. You undertake not to carry out any work on the rented objects (in particular the battery) yourself or to have it carried out by a repair company that is not authorised for the type of maintenance/repair.
9.10. We reserve the right to inspect and maintain the rental property 24 hours with prior notice, and to make repairs or replace the rental property.
9.11. The attachment of additional accessories to the unu scooter is permitted, provided that they can be removed without leaving any residue.
9.12. You are obliged to lock the unu scooter with all available locks, including the handlebar lock, and also to switch on an alarm system if available. If it is not possible to properly lock the unu scooter due to a technical malfunction, the unu scooter must not be left unattended and you are obliged to inform us immediately of the malfunction.
9.13. It is prohibited to use the rental objects for commercial purposes (e.g. delivery and courier services) without prior agreement with us. In the event of a culpable violation, you are obligated to pay a contractual penalty in accordance with the fee list and we have the right to terminate the rental contract without notice and to demand the immediate return of the rental objects.
9.14. Driving the rented unu scooter is contractually prohibited if any of the following conditions exist:
9.14.1. The driver of the unu scooter is under the influence of alcohol, drugs or medication that may impair his driving ability. A strict alcohol ban of 0.0‰ applies.
9.14.2. The driver is not in full possession of his faculties.
9.14.3. The unu scooter is used for off-road driving, motorsport events, racing of any kind, vehicle testing, driver training or for the commercial transportation of passengers or cargo.
9.14.4. The unu scooter is used to transport children, although they are neither tall enough to reach the footrests nor strong enough to hold onto the driver.
9.14.5. The unu scooter is sublet by you.
9.15. We may prevent you from using the rental property if you fail to pay rent, if we suspect misuse (e.g. for commercial purposes), if the rental property has a safety-critical defect or if you otherwise breach the terms of these terms and conditions. In such a case, We are also entitled to locate the unu Scooter using technologies such as GPS and to collect the Rental Goods. Clause 16 applies accordingly in this respect.
10.1. We undertake to provide you with rental objects in a functional condition in accordance with the purpose of the contract at the beginning of the contract. We undertake to repair defective rental objects that no longer permit intended use or, if the rental objects can no longer be repaired, to replace them with intact rental objects of the same type and quality.
10.2. We will provide you with a battery that corresponds to the state of the art at the start of the contract and that has a sufficient drive power supply for the unu scooter suitable for the purpose of the contract for the duration of the subscription.
10.3. The leased property and any accessories may not be used outside the [Federal Republic of Germany] or exported from the [Federal Republic of Germany].
10.4. If, in the course of an inspection by us, the manufacturer or a partner workshop, a charge capacity is determined that is below the capacity specified in section 10.2, we shall initially have the right to repair. If the battery cannot be repaired after this inspection or can only be repaired at disproportionate expense, you can demand the replacement of the battery and demand a battery with at least the corresponding charge capacity in accordance with the contract (see clause 10.2).
11.1. We take out a motor liability insurance policy for the unu scooter, which covers the use of the unu scooter by you and the Authorised Drivers. The general insurance conditions of the respective insurer apply, which will be made available to you on request.
11.2. The motor vehicle liability insurance covers damage to third-party vehicles or property caused by a traffic accident for which the insured driver was at fault with the vehicle, limited by the respective coverage amounts.
12. General liability provisions
12.1. For destruction, loss, damage of the renting objects you are liable to us also without fault, however not with fault of us.
12.2. We shall only be liable to you for direct and indirect damage caused to you or other persons by the use of the rental objects, by interruption of use or withdrawal of use if we are at fault; any liability for compensation on the part of the manufacturer/importer in accordance with the Product Liability Act shall remain unaffected.
13. Functional liability rules, limitations and exclusions of liability
13.1. We are liable in cases of intent or gross negligence by us, a representative or a vicarious agent in accordance with the statutory provisions. Otherwise, we shall only be liable for injury to life, limb or health or the culpable breach of essential contractual obligations, insofar as this is attributable to the operation of the battery. The claim for damages due to violation of essential contractual obligations is limited to the foreseeable damage typical for the contract.
13.2. Liability on our part is excluded in the following cases:
13.2.1. in the event of damage to your private electrical equipment, to the battery or to your unu scooter, if this damage was caused by charging the battery using charging accessories that do not comply with the manufacturer's specifications, or in the event of charging on equipment that is not equipped with charging accessories that comply with the manufacturer's specifications as described in the user manual,
13.2.2. in the event of damage caused by battery charging carried out in disregard of the charging instructions given in the user manual,
13.2.3. in the event of damage resulting from inadequate maintenance of the unu scooter and the battery, in particular if the specifications with regard to the maintenance programme and interval, as stated in the inspection booklet, the manufacturer's warranty conditions (available at any time at www.unumotors.com) or the operating instructions, have not been observed,
13.2.4. in the event of damage resulting from repairs or maintenance carried out in a workshop which is not a partner workshop and if the relevant specifications of the manufacturer were disregarded in the process,
13.2.5. for damages resulting from the use of the unu scooter and battery in the context of a sporting competition (regardless of the type of sporting competition), and
13.2.6. in the event of damage caused by external causes such as an accident, hail, vandalism, precipitation linked to an atmospheric phenomenon (in particular precipitation of a chemical nature), and any unavoidable event of force majeure.
13.3. Our liability is also excluded for:
13.3.1. the components of the rented objects to which unauthorized modifications have been made by you or third parties, as well as for the resulting consequences of these modifications for other parts of the battery or the unu scooter or its characteristics (reduction in performance, premature wear, fluctuations in performance, etc.), and
13.3.2. the replacement of parts subject to normal wear and tear due to the cumulative use of the rented property and its energy in transport.
14. Damage claim and settlement
14.1. In the event of any damage to or destruction or other loss of the rented items, you must inform us immediately (but in any case within 24 hours of becoming aware of the damage) in writing (text form is sufficient) and take all necessary measures to limit the damage. In the event of damage - except in the case of total loss - you must have any necessary repair work carried out immediately at a partner workshop in your own name and at your own expense. The further use of the defective rental object is not permitted until the damage has been repaired. You are also obliged to continue paying the monthly rental instalments for the duration of the repair work.
14.2. In the event of an accident involving an unu scooter and other property or persons, you must report the accident to the police and to us immediately. If you fail to make this report, you will be liable for all damages caused by the failure to report, including loss of insurance coverage.
14.3. In the event of damage involving third parties, you may only make an admission of guilt with our prior consent. You must send us a detailed written accident report without delay, at the latest seven (7) days after the event giving rise to the damage, if necessary with a sketch of the accident. You must record the names and addresses of the parties involved and witnesses in writing. If we do not receive a damage report within this period, this may jeopardise the insurance settlement, and in this case we reserve the right to charge you for all costs.
14.4. In the event of a loss event that meets at least one of the following criteria, the rental agreement may be terminated prematurely by you and/or us:
14.4.1. due to the severity and extent of the damage, total loss of the unu scooter incl. battery is to be assumed or the expected repair costs exceed 60% of the replacement value of the unu scooter incl. battery (the existence of these conditions is determined in a partner workshop);
14.4.2. the rented property exhibits significant functional defects or impairments due to damage and we, the manufacturer or a partner workshop decides after a prior investigation for safety reasons that the rented property can no longer be used; and
14.4.3. the rented property has been stolen (e.g. theft, misappropriation) and has not been recovered within one (1) month.
In such cases, settlement shall be governed by Clause 19. In such cases, the tenancy shall be terminated after notice of termination has been given with effect from the date of the event of damage.
14.5. Your obligation to pay compensation for our further claims for damages due to premature termination of the contract in accordance with clause 19 or any other existing arrears shall remain unaffected by these provisions.
14.6. In the event of theft (e.g. theft, misappropriation) of the rented property, the rental relationship shall be continued if the rented property is recovered within one (1) month and no insurance benefit is paid by the insurance company for this reason.
14.7. You are also authorised and obliged beyond the end of the contract - subject to revocation by us - to assert all claims arising from a case of damage in your own name and at your own expense. In the event of repair, you must use any amounts received to compensate for the damage to settle the repair invoice. If you are not obliged to repair the rented property in accordance with clause 18.7 and corresponding notice of termination, you must transfer the compensation payments obtained to us. These will be taken into account within the framework of the settlement in accordance with clause 19.
14.8. In the event of total loss, destruction, loss or premature termination of the rental contract, we are entitled to any insurance benefits from third parties or from an insurance policy taken out by you. Any insurance benefits exceeding our claims will be reimbursed to you. If insurance benefits are not sufficient - for whatever reason - you shall bear the difference in accordance with clause 19. Total loss, destruction, loss or damage of the rental objects only release you from the obligation to pay further rental instalments if the rental contract has been effectively terminated in accordance with clause 18 and is not continued by mutual agreement.
15. Resale of the unu Scooter
15.1. We generally allow the battery subscription even if there is a change in the right of disposal over the unu scooter.
15.2. If you, as the authorized owner of the unu Scooter, dispose of it during the contract period of the battery subscription, i.e. sell it to a third party, give it away or otherwise transfer it and provide proof of your right of disposal by submitting suitable documents, we are generally prepared to conclude a new battery subscription with the purchasers/buyers of the unu Scooter and at the same time to terminate your battery subscription prematurely if necessary.
15.3. Before disposing of the unu Scooter, you must inform us in good time that you intend to transfer the unu Scooter to a third party. Before transferring ownership of the unu Scooter, you must inform the third party that you are not the owner of the battery and that you may not transfer the battery to the third party until a rental agreement has been concluded between us and the third party. In this context, you must inform the third party of our ownership rights to the battery or the ownership rights of our financing partner to the battery. You may not hand over the battery to the third party unless a rental agreement is concluded between us and the third party.
15.4. If you fail to comply with the aforementioned obligations, we may assert claims for compensation against you for any damages incurred and arising from your actions (including costs incurred by us in connection with the investigation of the facts).
15.5. You are responsible for all contractual and post-contractual costs according to the fee list, which arise until the legally binding conclusion of the battery subscription with the new purchasers, with the exception of such costs for which we are responsible through culpable action.
16. Preventing the use of the rented property
16.1. We may stop the use of the rental objects as soon as the rental agreement is terminated by notice or we become aware that you have given the rental objects to a third party without authorisation.
16.2. We will first give 7 days' notice of the blocking of the use of the rental property using the data we have from you. The threat can also be made together with the notice of termination. In this case, we are entitled after expiry of the notice period to cease our obligation to perform and to prevent the use of the rental objects. The assertion of the claim for surrender remains unaffected by this. If delivery is not possible because the data you have given us has changed and you have not informed us of the change, a block will be implemented immediately.
17. Effects of the assertion of objections
If you have successfully asserted significant objections (e.g. rescission, nullity, legal revocation options, withdrawal) from your contract for the unu Scooter in court, these may affect the battery rental contract to the extent that it can no longer be continued because the basis of the business has ceased to exist. In this case, the rental contract is terminated with effect for the future from the date of return of the unu Scooter to the supplier and the payment obligations end on the date of return.
18. Contract period, termination
18.1. The contract period of the subscription is determined by the contract period selected by you in the online ordering process. An ordinary right of termination is excluded during the agreed contract period.
18.2. At the end of the contract period, the subscription ends without the need for cancellation.
18.3. Each contracting party may also terminate the contract for good cause. In particular, we shall be entitled to terminate the contract and to demand immediate payment of the rental instalments for the remaining agreed term of the contract, discounted to the date of termination of the contract, and to claim damages in accordance with clause 19 if
18.3.1. You are in arrears with an amount equal to at least two (2) rental payments;
18.3.2. You or - if applicable - your personally liable partners experience a significant deterioration in their financial circumstances (e.g. compulsory enforcement measures; application for the opening of insolvency proceedings), so that a continuation of the rental agreement is unreasonable for us;
18.3.3. you give up your domicile or place of business in the [Federal Republic of Germany];
18.3.4. you violate our rights to a considerable extent by considerably endangering the rented property left to you by neglecting the care incumbent upon you or by leaving it to a third party without authorisation (in particular without authorisation contrary to the provisions of the rental agreement) and continue this behaviour even after we have given you a warning; a warning is not required if this is obviously unsuccessful or if immediate termination is justified for special reasons after weighing up the interests of both parties; or
18.3.5. you have given incorrect information or concealed facts when concluding the contract and therefore we cannot reasonably be expected to continue the rental contract until the expiry of the contract term or until other termination of the rental relationship.
18.4. You have in particular in the case of the effective revocation of a financing contract over the unu Scooters the right to the notice because of subsequent omission of the business basis.
18.5. We also recognise as a particularly important reason for premature termination of the contract if you demonstrably dispose of your unu Scooter on the basis of your own legal right of disposal, in particular by virtue of your legal position as the owner of the unu Scooter, and sell the unu Scooter in your own name and on your own account to a third party purchaser (e.g. private individual, commercial purchaser) and transfer your ownership rights to the unu Scooter to this third party. In this respect, reference is made to the provisions of section 15 above. The rental contract is considered to be terminated at the time when the new rental contract is concluded between us and the purchaser, unless the contract period of the battery subscription concluded by you ends earlier. Settlement due to premature termination of the contract on your initiative is governed by clause 19.1.
18.6. If you die, your heirs may terminate the lease for the future on the due date of a rental instalment if your heirs have no interest in continuing the lease. In this case, your heirs must surrender the leased property to us or to an authorized recipient appointed by us.
18.7. If the rental objects have been so severely damaged in a damaging event that at least one of the criteria listed in clause 13.2 is fulfilled, the rental contract can be terminated prematurely by both contracting parties. This also applies expressly in the cases of damage described in clause 13.2, in which the damage affects the unu Scooter without exception and in which the rental agreement can therefore not be continued due to the discontinuation of the basis of the contract. In all other respects, the provisions under clause 19 shall apply.
19. Settlement after premature end of contract
19.1. In the event of termination of the contract by notice in accordance with clause 18.7, we shall be entitled to a processing fee in accordance with the list of fees to cover the processing and additional expenses incurred for this reason.
19.2. Your obligation to pay the rental instalments ends in the cases of clause 18.5 with the start of the contract term of the legally binding subscription with the third party or the transfer of the rental contract. However, this does not affect your obligation to pay outstanding instalments and other claims on our part against you.
19.3. After extraordinary termination of the rental agreement by us in accordance with clause 18.3, we shall settle the rental agreement in concrete terms in accordance with generally applicable principles:
19.3.1. The rental instalments not yet due at the time of termination of the contract for the remaining agreed term of the contract, discounted to the time of termination of the contract, are debited.
19.3.2. A lump-sum processing fee in accordance with the list of fees shall be charged to cover the additional expenses incurred by us due to the premature termination of the contract.
19.3.3. Our claims will be reduced by the costs we save because of the early termination of the subscription.
19.4. In the event of total loss or theft, you are obliged to pay us compensation for the damage incurred in accordance with the list of charges. Any compensation paid to us (by the insurer or the damaging party) will be credited.
19.5. In addition, your obligation to pay existing arrears or claims for damages remains.
19.6. To the extent provided for by law, the value-added tax valid at the time of contract settlement shall be charged or reimbursed.
19.7. We are entitled to charge the damage caused by default. Insofar as interest on arrears is claimed against private customers (consumers), 5% points above the base interest rate may be charged; in the case of commercial customers, we are entitled to charge an interest rate of 9% points above the base interest rate. If a collection service is commissioned with the collection of the claim or with the securing of the claim, you shall bear the costs arising from this commissioning.
20. Regulations on the end of the subscription, regulations on the return of the rental objects
20.1. After giving notice of termination, the rental agreement shall end upon expiry of the respective notice period or, in the case of extraordinary termination, upon receipt of the notice of termination.
20.2. In all cases in which the rental relationship has come to an end and no mutually agreed continuation arrangement has been reached before the end of the contract, we shall be entitled to demand that the rented property be handed over to us or to an agent appointed by us at the time of termination.
In this respect, we are also entitled to demand that you present the unu Scooter to us or a third party appointed by us so that the battery can be removed. We are entitled to accommodate the use of the rental property in accordance with clause 16 in order to substantiate our claims. In all other respects, we are entitled to assert our statutory claims and compensation for damages.
20.3. If the rental objects are returned to us in accordance with the above rental conditions or due to legal regulations, they must be in a condition corresponding to the age of the rental objects, free of damage and roadworthy upon return. Normal wear and tear shall not be deemed to be damage. The return and the condition of the rental objects shall be recorded and the record shall be signed by both contracting parties or their authorised representatives.
20.4. If the rental objects are not returned on time, you will be charged 1/30 of the monthly rental rate agreed for the contract period as a basic amount for each day exceeded. Any additional costs incurred due to the late return may also be charged to you.
20.5. Continued use of the rented property by you after termination of the contract does not lead to a continuation of the rental relationship. However, subject to further claims by us, the obligations regulated in the contract and other obligations shall continue during the period of unauthorised further use.
21. Data protection
21.1. When processing your personal data, we comply with the applicable legal provisions, in particular the provisions of the General Data Protection Regulation (DSGVO). We primarily process the personal data that is required to provide the contractual services to you and/or third parties. The contractual services also include, in particular, providing you with the best possible user experience. In particular, the processing of location data is also necessary to provide services such as repair and service. The manufacturer also receives location data for maintenance and repair purposes. In this context, location data may also be transferred to countries outside the EU or EEA ("Third Countries"). However, the manufacturer has no knowledge of your directly personal data. Access to location data by us is only possible for specially authorized employees. In the event of theft or other crime in connection with this contractual relationship, We may disclose Your location data to law enforcement authorities.
21.2. Insofar as we process personal data on the basis of consent, we point out that you can revoke your consent at any time with effect for the future.
22. Other regulations
22.1. We are responsible for the disposal and organisation of the collection of used batteries.
22.2. All securities given to us as well as existing credit balances are liable for all present and future claims arising from the lease. We are also entitled to transfer our contractual claims to third parties, in particular our financing partner. You agree to the transfer of the contractual obligations and/or the continuation by a third party.
22.3. You may only offset our claims against an undisputed and legally established counterclaim. You are not entitled to a right of retention to the rental objects or to rental instalments, with the exception of expressly permitted cases.
22.4. Your claims and rights under this lease may only be assigned with our written consent.
22.5. The place of jurisdiction is our registered office if you are a merchant or do not have a general place of jurisdiction in Germany or have moved your place of residence or habitual abode out of Germany or your place of residence or habitual abode is not known at the time the action is brought. Legal regulations about exclusive jurisdiction remain unaffected.