General Terms and Conditions

  I. Vehicle purchase

1. Scope

The General Terms and Conditions (hereinafter: GTC) apply to all transactions concluded via the amag.ch digital sales platform (hereinafter: Onlineshop). The Onlineshop is operated by AMAG.

AMAG reserves the right to amend these GTC at any time. The version of these GTC which is valid at the time of the transaction and which cannot be unilaterally changed for such transaction is decisive in each case. Conflicting conditions or conditions of the buyer deviating from these GTC are not recognised.

The offer of products and services in the Onlineshop (hereinafter: Offer) is intended exclusively for buyers resident in Switzerland.

Deliveries are made exclusively to addresses in Switzerland.

The Offer is valid as long as the product is advertised in the Onlineshop.

2. Depiction of the product and product description

There may at any time be differences between the product photo and the original. The product photo is not therefore binding and serves as an illustration.

The actual equipment may differ from the equipment listed in the product description due to country configurations.

3. Vehicle features

The vehicle is described in the purchase contract. The vehicle sold is not a vehicle which has been involved in an accident (vehicle which has suffered significant accident damage [e.g. chassis structure, chassis frame, etc.]). We reserve the right to make insignificant, reasonable changes to the shape, colour or scope of delivery of the vehicle described in the purchase contract. The seller is not, however, obliged to deliver a modified version. Measurements and data included in prospectuses, lists or elsewhere are approximations only. Energy data corresponds to the type approval for the vehicle model at the time of the offer or purchase contract, collected in the statutory test operation. For technical reasons or due to the individual configuration, it is possible that the vehicle specifications may differ from such energy data. Depending on the driving style, different consumption values result in practice. Information on the energy efficiency class corresponds to the classification at the time of the offer or purchase contract. Due to annual statutory adjustments, the vehicle may be given a different efficiency class at the time of delivery (assuming unchanged values).

4. Reservation of title

Until payment of the purchase price plus any interest on arrears, the vehicle and accessories remain the property of the seller, and any disposal thereof (e.g. sale, pledge, gift) is prohibited. The seller is entitled to have a reservation of title registered.

5. Resale

The buyer undertakes not to resell the vehicle under the designation ‘new vehicle’ or similar indications.

6. Availability

AMAG attaches great importance to providing up-to-date and accurate availability details in the Onlineshop. It may be that, when there is great interest in a particular product, it appears in the Onlineshop but is no longer available. All availability details are therefore purely indicative and may be changed until such time as the transaction is concluded.

7. Conclusion of contract

The products and prices in the Onlineshop are deemed to be an Offer. Such Offer is, however, at all times subject to availability.

The purchase contract is concluded for products or services as soon as the buyer has received written order confirmation by email, subject to availability.

8. Purchase contract, payment and delivery date

8.1 Purchase contract

Within a reasonable period AMAG emails the buyer the terms of the purchase contract as confirmation, providing bank account details with a request to transfer the amount within 10 days.

8.2 Payment

The buyer is obliged to transfer to the bank account of AMAG the invoice amount stated in the purchase contract within 10 days of receipt of the purchase contract. In any event the purchase price must be received by AMAG two days before delivery or collection of the product.

8.3 Delivery/collection date

An individual delivery or collection date is agreed with the purchaser after the order has been received.

9. Delay

If AMAG is late with the delivery, the purchaser may assert the legal consequences of delay only after he/she has sent AMAG a written reminder and given it in writing a grace period of 30 days and such grace period has expired without being used.

Claims by the buyer are in any event excluded in respect of delay through no fault of AMAG.

In the event of non-acceptance or delay in full payment of the purchase price, AMAG may (1) send the buyer a written reminder, (2) give the buyer a grace period of 30 days and (3) after expiry of such grace period either (a) insist in writing on fulfilment of the purchase contract and claim compensation from the buyer for delay or (b) waive the buyer’s performance and claim compensation from the buyer for non-fulfilment, with AMAG entitled to claim as compensation from the buyer 15 per cent of the purchase price of the vehicle in addition to the value of the performance that has not been provided, or (c) withdraw from the contract, with AMAG entitled to claim from the buyer compensation for the loss arising from the voiding of the contract.

10. Risk assumption

AMAG assumes the risk of loss, destruction and depreciation of the product until it is handed over.

If the buyer is late in accepting the product or in paying, risk passes to the buyer.

11. Warranty and guarantee

11.1 The statutory warranty is fully excluded to the extent permitted by law. If the vehicle has a current manufacturer’s warranty, AMAG provides the services owed under such warranty. If the buyer makes claims to AMAG under a guarantee, sections 11.2 to 11.8 apply.

11.2 The buyer is entitled to rectification by AMAG under the following conditions: (a) repair or exchange of the defective parts and removal of other damage to the vehicle insofar as such damage has been caused directly by the defective parts. In such case spare parts belong to AMAG.

11.3 The buyer must notify AMAG of any defects immediately or have them established.

11.4 The buyer must deliver the vehicle to AMAG on request for rectification.

11.5 Any guarantee obligation lapses if (1) the vehicle has been improperly handled, serviced or maintained, overloaded or subject to unauthorised alternation or conversion (e.g. tuning), (2) the operating instructions have not been followed or (3) the manufacturer’s technical servicing measures have not for any reason been executed immediately after the buyer became aware that they were needed.

11.6 Natural wear and tear is excluded from the warranty obligation.

11.7 If a substantial defect cannot be remedied despite repeated rectification, a reduction in the purchase price or cancellation of the contract may be claimed. The buyer is not entitled to a replacement delivery. In the event of cancellation, the following approach applies to compensation for use: _ one-hundredth(s) of a Swiss franc/km. Any installations, conversions and expansions as well as their installing, dismantling and assembly will not be replaced.

11.8 Rectification does not extend the general warranty period for the vehicle.

12. Liability

Liability is based on the applicable statutory provisions. However, AMAG is in no way liable for (i) slight negligence, (ii) indirect or collateral losses and consequential losses and lost profits, (iii) savings not made, (iv) losses due to delay in delivery and (v) any actions and omissions on the part of AMAG’s auxiliaries, be this contractual or extracontractual.

Otherwise AMAG rejects liability if the following events occur:

• improper, non-contractual or unlawful storage, configuration or use of products;

• use of incompatible spare parts or accessories (e.g. power supply);

• lack of servicing and/or improper modification or repair of products by the customer or a third party;

• force majeure, in particular damage caused by the elements, damp, impact or fall for which AMAG is not responsible, and official orders.

13. Right of return (optional additional service)

As a basic principle, the buyer has no right of return.

If the buyer has optionally decided to pay for a seven-day right of return as an additional service, AMAG grants him/her a right to return the product during the period of seven weekdays from its delivery or collection.

The buyer must notify return of the product via AMAG’s delivery firm or via the Customer Care Center (customer.care@amag.ch) and act in accordance with the instructions received. The product must be returned in the same condition as on acceptance. The returned vehicle may display a maximum of 300 kilometres more than on its delivery or collection.

If the buyer makes use of the right of return, he/she is entitled to claim from AMAG the full purchase price less an administrative fee of CHF 400, additional services (e.g. polishing, sealing, insurances) and/or additional products (e.g. tyres, accessories, roof rack) and excess kilometres travelled (compensation for use for each excess kilometre of 70 one-hundredths of a Swiss franc/km). The buyer is liable in full for any damage to the vehicle (scratches on the paintwork, rim damage, bodywork damage, etc.) caused by the buyer while using the vehicle. AMAG reserves the right to refuse to take the vehicle back against reimbursement of the purchase price in the event of major defects or damage caused by the buyer during use.

II. Arranging appointments online

1. Scope
The following General Terms and Conditions apply to the arrangement of appointments online using the AMAG Automobil und Motoren AG website or app.

2. Booking
Appointments can be booked online via the website of the AMAG Retail business. The booking is only valid once the reservation has been confirmed by AMAG Automobil und Motoren AG via e-mail or SMS.

3. Cancellation
An order can be cancelled by both sides free of charge via telephone or e-mail up to 72 hours before the planned execution.

4. Prices and scope of performance
The prices (where indicated) for services are displayed in the selection of the individual services (all prices in Swiss francs). They may be changed by AMAG Automobil und Motoren AG at any time without prior notice. The following services are included in the prices, unless otherwise indicated: planned amount of work, currently applicable VAT. The following services are not included in the prices: additional work, material, replacement vehicle and further services.

5. Payment methods
Payment for the services is required on collection of the vehicle. Following the order, customers of AMAG Automobil und Motoren AG will receive a bill that will be due for payment within 30 days.

6. Liability
The liability of AMAG Automobil und Motoren AG towards the customer is limited to intent and gross negligence. Liability for third parties is excluded.

III. Data protection

AMAG Automobil und Motoren AG refers explicitly to its Privacy Policy (www.amag-group.ch/datenschutz) that describes how data are collected and processed, as well as the purpose for which this is done.

IV. Partial invalidity

If any provisions of these GTC are invalid or ineffective, this has no effect on the effectiveness of the remaining provisions and these GTC as a whole.

V. Place of jurisdiction and applicable law

All legal relations between AMAG and its customers are subject to substantive Swiss law. The Vienna Convention on Contracts for the International Sale of Goods is not applicable.

The place of jurisdiction for any disputes arising under this contract is the registered office of AMAG Automobil und Motoren AG in Cham in the canton of Zug. AMAG Automobil und Motoren AG reserves the right, however, to institute judicial proceedings at the registered office of the defendant contracting party. The place of jurisdiction clause does not apply to cases where civil procedure law prescribes another place of jurisdiction.

AMAG AUTOMOBIL UND MOTOREN AG, 10.03.2021

General Terms and Conditions (GTC) Aftersales

Version 02 valid from 1 January 2022

Download the General Terms and Conditions (GTC)

General Terms and Conditions (GTC) of AMAG Automobil und Motoren AG and AMAG Vaduz AG (hereinafter referred to as the “Garage Business”) with regard to repairs and services and thus for the work carried out by the Garage Business or its employees on motor vehicles, trailers, aggregates, their parts and with regard to the preparation of cost estimates.

1.    Validity ▪

The validity and thus the inclusion of deviating and/or supplementary GTC of the customer are excluded, even if the Garage Business has not expressly objected to them. Deviations only apply if they have been agreed in writing and signed by both parties.

2.    Order placement ▪

The customer must specify the defects to be repaired or the services to be performed on the vehicle as precisely as possible for the attention of the responsible employee of the Garage Business and agree on the desired completion date. The services to be provided, such as the agreed deadline, are recorded in the repair shop order and acknowledged resp. released by the customer. If necessary, the vehicle provided by the customer will be additionally updated to the current software status without an explicit order from the customer. As far as technically possible, vehicle data is temporarily encrypted in this context. Irrespective of this, the Garage Business assumes and accordingly recommends that the customer back up data and individual settings in the vehicle in accordance with the operating instructions in order to avoid any loss of data. Consequently, the Garage Business is not responsible for such a loss of data. Insofar as it becomes apparent during the performance of service or repair work that additional work or services on the part of the Garage Business are required which were not to be expected when the vehicle was accepted by the Garage Business or which were not declared by the customer and which exceed 10% of the total order in terms of cost, the Garage Business shall obtain the customer’s prior consent for this work by telephone or in writing. The customer shall subsequently ensure that the Garage Business has a telephone number on which the customer can be reached during normal business hours. Insofar as the Garage Business cannot reach the customer even after three attempts (with time intervals of at least 15 minutes), the Garage Business will only perform this work insofar as it is necessary with regard to the road safety of the vehicle. Insofar as the additional work does not exceed 10% of the total order in terms of cost, the Garage Business may assume the customer’s consent and does not have to obtain the customer’s prior consent. The Garage Business is authorised to subcontract to third-party companies and to carry out test drives and practice drives with the vehicle provided by the customer. After wheel assembly, the wheel bolts must be retightened after 50 to 100 km and the Garage Business recommends this to the customer.

3. Delivery and acceptance of the vehicle ▪

If the customer wishes to have their vehicle collected or delivered, this will be at their own expense and risk. The customer is obliged to collect the vehicle within five working days of receipt of the notice of completion or handover or transmission of the invoice. In the case of repair work carried out within one working day, this collection period will be reduced to two working days. The acceptance of the vehicle by the customer takes place in the Garage Business, unless otherwise agreed. If the customer fails to collect the vehicle by the agreed time, but no later than the close of business on the agreed collection day, the Garage Business will be entitled to park the vehicle outside the respective Garage Business at the customer’s risk and responsibility and expenses. In the event of a delay in acceptance, the Garage Business may charge a storage fee customary in the locality per parking day without a corresponding prior reminder to the customer, insofar as the vehicle remains on the Garage Business’ premises.

4. Payment ▪

The invoice amount is generally due immediately. Payments with cash more than CHF 500 and foreign currencies are generally excluded and should be made with debit/credit cards. The accepted means of payment can be requested from the Garage Business. A different payment deadline on account can be set by the Garage Business. The customer may only offset claims of the Garage Business against their own claims if the customer’s counterclaim is undisputed or a legally binding title exists in this respect; the customer may only assert a right of retention regarding the amount to be paid insofar as this is based on claims from the order as such. The Garage Business is entitled to demand a reasonable advance payment, i.e. an advance on costs, when placing the order. If the customer is in arrears with their payment, the Garage Business may demand interest on arrears of 5% from the customer after expiry of the payment deadline without an additional reminder. The Garage Business is also entitled to charge a processing fee of CHF 20.– per letter for reminders sent to the customer. Any correction of the invoice must be requested by the customer no later than two weeks after receipt of the invoice, otherwise the Garage Business may assume that the invoice is correct.

5. Warranty/guarantee ▪

After taking over the vehicle, the customer must immediately inspect it for any defects. The customer must give written notice of defects to the Garage Business carrying out the work within seven working days of taking delivery of the vehicle at the latest and thus assert a claim, in the case of hidden defects within seven working days of the first occurrence of the defect in question. In any case, the notice of defects on executed works will be time-barred after two years. If the customer fails to give notice of defects in due time, the work of the Garage Business will be deemed to have been approved and any rights to claim for defects will be forfeited. The statutory warranty is completely excluded to the extent permitted by law. The manufacturer’s warranty applies exclusively to material defects. Insofar as a defect is present which has been notified in due time and which is attributable to the work or services of the Garage Business, the Garage Business is entitled to rectify the defect. Insofar as the customer has any rectification work carried out by a third-party company, the warranty claim will lapse in full, and the Garage Business is accordingly not obliged to remunerate any rectification work carried out by a third-party company.

6. Liability ▪

The Garage Business does not assume any liability (neither contractual nor non-contractual) except in the case of intent or gross negligence; liability for slight negligence is therefore – as far as legally permissible – excluded. The burden of proof for intent or gross negligence on the part of the Garage Business or its legal representatives, vicarious agents and employees, etc. lies with the customer. Irrespective of any fault on the part of the Garage Business, any liability on the part of the Garage Business in the event of fraudulent concealment of the defect, from the assumption of a guarantee or in accordance with the Product Liability Act and in the event of personal injury remains unaffected. Liability for the loss of money, valuables of any kind or documents (e.g. business documents) in the vehicle that have not been expressly taken into custody by the Garage Business is excluded. Accordingly, the customer must ensure that no such valuables are present in the vehicle provided.

 7. Retention of title / retention right ▪

Installed accessories, spare parts and aggregates will only become the property of the customer upon full payment of the relevant purchase price plus any interest and costs. The Garage Business subsequently has the right to make corresponding entries in the title register. The Garage Business has the right to retain the vehicle provided by the customer within the meaning of Article 891 ff. of the Swiss Civil Code until full payment of (previous or current) claims from work carried out, spare parts deliveries, etc. has been made. If the customer does not pay the outstanding amounts even after three reminders and the corresponding prospect of the sale of the vehicle in question to settle the outstanding claims, the Garage Business has the right to sell the vehicle by private contract without involving the debt collection office. The relevant sales proceeds – after deduction of all outstanding claims and costs of the Garage Business – will be handed over to the customer.

8. Amendment of the GTC ▪

These GTC apply in the version valid at the time of the order. The Garage Business reserves the right to modify the GTC unilaterally and at any time.

9. Data protection ▪

To the extent necessary, your personal data and vehicle and repair information (e.g. vehicle identification number, technical vehicle and repair shop data) will be processed in order to fulfil this order or legal obligations, and to protect our legitimate interests or those of third parties such as AMAG Group Ltd and its subsidiaries, the manufacturer and/or by us or by partners/service providers authorised by the aforementioned third parties. Your data is processed for the purpose of contract processing, handling warranty and goodwill cases, for recalls and technical measures, customer care, improving product quality and maintaining a central prospect and customer care platform. If you have given us your consent, we will also use your data for marketing purposes. Please note that failure to give consent does not constitute a withdrawal of any other consent you may have given us previously. The contact information for withdrawal and further provisions on data protection applicable to this contract are available from the Garage Business, on its website and at https://www.amag-group.ch/de/footer/privacy-policy.html.

10. Service Cam ▪

Within the scope of your service order and with the “Service Cam” application of the manufacturer, video recordings of your vehicle are created in order to provide you with an even more transparent processing of service and repair services. To send the video recording, we process your contact details such as e-mail or SMS. The video recordings are processed directly at the manufacturer and made available to us for the duration of the service.

11. Place of jurisdiction, applicable law ▪

The place of jurisdiction for all disputes arising and thus for all present and future claims is the registered office of the Garage Business, insofar as no compulsory place of jurisdiction is provided for by law. The same place of jurisdiction also applies if the customer’s registered office / place of residence is abroad. The Garage Business is also free to take legal action against the customer at their registered office / place of residence. The substantive law of Switzerland applies exclusively, to the exclusion of the Vienna Convention or other international agreements.

1. Scope

These General Subscription Terms and Conditions apply to the contractual relationship between AMAG Automobil- und Motoren AG (hereinafter referred to as AMAG), Alte Steinhauserstrasse 1, 6330 Cham, and the subscriber (hereinafter referred to as the Customer) of a vehicle provided by AMAG.

AMAG reserves the right to change the subscription conditions at any time. However, the version of these subscription conditions in force at the time of conclusion of the legal transaction shall be authoritative and may not be unilaterally amended for this legal transaction. Any terms and conditions of the Customer that conflict with or deviate from these General Subscription Terms and Conditions shall not be recognised.

Deliveries are made exclusively to addresses in Switzerland. The offer is valid as long as the product is advertised in the online shop.

2. Illustration of the product and product description

The vehicle offered is a vehicle that actually exists. There is always the possibility that there will be differences between the product photo and the original vehicle. The product photo is therefore non-binding and serves illustrative purposes only. Due to differences in country configurations, the actual equipment may differ from the equipment listed in the product description.

3. Features of the vehicle

The vehicle is described in the online shop. The vehicle offered is not a vehicle that has suffered significant damage in an accident (such as damage to the chassis structure/chassis frame or the like). The right is reserved to make minor, reasonable changes to the vehicle described in the subscription contract with regard to shape, colour or scope of delivery. However, AMAG is not obligated to deliver a modified version. Measurements and data included in brochures, lists or elsewhere represent only approximate values. The energy data correspond to the type approval for the vehicle model at the time of the quote or subscription contract, collected in statutory test operations. The specifications of the vehicle may differ for technical reasons or due to individual configuration. Different consumption levels may result in practice depending on the style of driving. The information on the energy efficiency class corresponds to the classification at the time of the quote or subscription contract. The vehicle may be assigned a different efficiency class at the time of delivery (without changes in levels) due to annual statutory adjustments.

4. Conclusion of contract

The products and prices in the online shop are considered an offer, but this offer is always subject to availability.

The offer of products and services in the online shop (hereinafter referred to as the “offer”) is directed exclusively at natural persons or legal entities with legal capacity and a fixed place of residence or domicile in Switzerland. The Customer must have a valid driving licence valid in Switzerland for the relevant vehicle category and, according to AMAG’s discretion, be of sufficient creditworthiness or of sound financial position to meet the financial obligations arising from this contract. If the driver’s licence is issued abroad, they also confirm that their driver’s licence is valid in Switzerland for the duration of the intended rental period. The existence of the prerequisites for the conclusion of a contract is verified by AMAG. To this end, the Customer is asked to provide various details about themselves and their financial circumstances and to submit corresponding documents. As soon as the Customer has received the written order confirmation by e-mail, the subscription contract is concluded for products or services, subject to availability and a positive credit rating.

4.1 Use

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Subscription Terms and Conditions.

4.1.1 Use for commercial passenger transport

Use of the vehicle for commercial passenger transport (as a taxi, Uber, etc.) is prohibited.

4.2 Authorised Users

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Subscription Terms and Conditions.

The Customer must ensure that the Authorised Users fulfil these requirements at all times. As a contractual partner of AMAG, the Customer is responsible for the Authorised Users’ compliance with the contractual obligations. The Customer shall provide AMAG with the personal details of the Authorised Users upon request, ensuring beforehand that the Authorised Users are informed of this and of the associated data processing.

4.3 Travel outside of Switzerland

The vehicle will be used primarily in Switzerland. The vehicle may also be driven abroad (e.g. for holiday purposes). Use of the vehicle is limited to the following countries:

Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City State.

For travel outside Switzerland, the Customer is obliged to carry in the vehicle any additional documents and safety accessories required for this purpose, such as safety vests or first-aid kits. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

5. Contract period and notice periods

5.1 Subscription periods

The Customer and AMAG agree on a minimum contract period and a maximum contract period. The agreed minimum contract period can be viewed in the Customer account and begins on the day the vehicle is handed over to the Customer. The maximum contract period is 24 months.

After expiry of the respective minimum contract period, the subscription is automatically extended by one month until duly terminated or until the end of the maximum contract period is reached.

5.2 Notice period

After expiry of the minimum contract period, either party may terminate the contractual relationship as of the end of the subscription month (depending on the date of handover of the vehicle) by giving 30 days’ notice. The right to terminate the contract prematurely in accordance with section 14 is reserved. Returning the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore also not to a pro rata calculation of the cost of the last subscription month. If the Customer does not make use of their right of termination, the contract ends automatically upon expiry of the maximum contract period. The right to terminate the contract prematurely in accordance with section 14 is reserved.

AMAG reserves the right to adjust both vehicle-dependent and vehicle-independent prices and will communicate this to the Customer in writing. The agreed conditions apply in each case for the contractual minimum contract period or until the next possible termination date.

5.3 Requesting a replacement vehicle

The Customer may not request a different vehicle during the minimum contract period. If the Customer is provided with a different vehicle after the end of the minimum term, a new minimum contract period begins for the new vehicle. It is not possible to offset the contract period of the previous vehicle against the new minimum term for the new vehicle.

6. Subscription fee and other payment obligations

6.1 Subscription fee

The subscription fee for the first subscription month will be charged to the customer’s credit card on the day that the booking is accepted. Delivery can only take place once the first payment has been successfully debited. For all subsequent months of use, the Customer’s credit card will be charged in the amount of the defined subscription fee on the same day of the month that the original handover took place. The credit card will be charged monthly by a payment service provider authorised by AMAG.

6.2 Late payment or an expired credit card

6.2.1 Credit card invalid

The Customer will be notified of their expiring credit card by the payment service provider used by AMAG. If the validity period of the Customer’s credit card has expired, the Customer will receive an e-mail request to update the credit card information.

6.3 Payment default, late payment

If the instalment cannot be collected by credit card within one week after the due date, the Customer will receive a reminder. If the Customer does not respond to this reminder within a period of five (5) working days, the Customer will receive notice of termination of the contract and a request to return the vehicle. The Customer will also be asked to settle outstanding invoices upon return of the vehicle.

6.4 Kilometre bundles

If, at the end of the contract period, the selected mileage is found to have been exceeded by the Customer, the additional kilometres will be charged to the Customer when the contract period ends. AMAG charges the Customer CHF 0.40 per additional kilometre. Kilometres not driven within a given month of the contract period will be carried over to the following months of the contract period.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

6.5 Additional fees

Additional remuneration for AMAG operational costs incurred include:

a) Address research CHF 25.–

b) Payment reminder if payment is not on time CHF 30.–

c) Debt collection CHF 50.– plus actual external costs of debt collection

d) Retrieval of the vehicle in case of breach of contract CHF 500.–

e) Removal of general heavy soiling CHF 250.–

f) Removal of heavy soiling of the vehicle caused by animals CHF 250.–

g) Removal of heavy soiling of the vehicle caused by smoking CHF 450.–

h) Independent expert in case of differences of opinion CHF 800.–

6.6 Miscellaneous

All payments owed in connection with the subscription contract are in CHF and include statutory VAT. If the rate of VAT changes, the monthly subscription fee and the other remuneration provided for in these General Subscription Terms and Conditions shall be appropriately adjusted. The same rule applies to all other newly introduced or raised public fees relevant to the contractual relationship.

7. Ownership and right of disposal

7.1 Details of ownership

The vehicle remains the property of AMAG for the entire duration of the contract. Rights in rem or a right of retention of the vehicle on the part of the Customer for the purpose of asserting claims against AMAG are excluded.

Disposals of the vehicle and its accessories are prohibited (such as sale, pledging or gifting/donation). AMAG is entitled to register a reservation of title (with prohibition of change in ownership). The Customer must keep the vehicle free of the rights of third parties. The Customer must not sell, rent or pledge it, or transfer it by way of gift or security.

7.2 Registration and number plates

The vehicle is registered under AMAG at the responsible driver and vehicle licensing office. Code 178 “Change in ownership prohibited” is entered on the vehicle registration card, and the name and address of the Customer is entered as the location address. The number plates are issued on the basis of the Customer’s canton of residence. It is not possible for AMAG to take over the Customer’s existing number plates. In the event of a subsequent purchase of the car by the Customer, the Customer can make no claim to the number plate affixed during the subscription period.

7.3 Entitlement to disposition

As the owner of the vehicle, AMAG is also entitled to have the vehicle inspected and serviced at any time. The Customer is obliged to cooperate in this regard and hereby irrevocably grants AMAG access to the location where the vehicle is located. If the inspection reveals conduct on the part of the Customer that is in breach of the contract, the Customer shall bear the associated expenses.

8. Availability

AMAG attaches great importance to providing up-to-date and accurate information on availability in the online shop. Particularly if there is a great deal of interest in a product, it may be that the product appears in the online shop but is no longer available. All information on availability is therefore without guarantee and may change before conclusion of the legal transaction.

9. Vehicle handover

The booked vehicle will be handed over by the Customer at an AMAG business or, in the case of home delivery, at the Customer’s place of residence. The date of handover is agreed between AMAG and the Customer. The vehicle is handed over with a full tank of petrol/fully charged and with the currently valid motorway vignette. In case of a home delivery, the fuel or electricity consumed is to be paid for by the Customer. The agreed contract period begins with handover of the vehicle.

9.1 Identification

At handover of the vehicle, the Customer must be able to identify themselves and present a valid driving licence. The Customer must be available in person to accept the vehicle.

9.2 Handover protocol

A handover protocol to be signed by the Customer is issued at the handover appointment. The Customer must inspect the vehicle at the handover appointment and note any defects on the handover protocol. In the event of serious defects or discrepancies between the ordered and delivered vehicle, the Customer should refuse to accept the vehicle.

If the Customer claims that a defect or damage was present at the appointment for handover of the vehicle, the Customer is responsible for proving that this is true.

10. Overview of the included services

The monthly subscription fee includes:

a) Use of the vehicle during the subscription period within the scope of the kilometres included in the agreed monthly package

b) Summer and winter tyres as well as changing and storage of the same

c) A Swiss motorway vignette for the year in which the subscription contract starts

d) All approval and registration fees, vehicle taxes and charges

e) Insurance coverage according to section 10.6

f) All service, maintenance and repairs, as long as such work has not been made necessary by the Customer using the vehicle in a manner that violates the contract

g) Currently applicable statutory value-added tax of 7.7% (as of 1 January 2021). AMAG Automobil- und Motoren AG, 6330 Cham, VAT no.: CHE-499.644.421 MWST

All other costs associated with operating and keeping the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, electricity, charging infrastructure, charging cards, wiper fluid, AdBlue, cleaning costs during the period of the contract or with regard to return of the vehicle, toll fees for roads in other countries, etc.

10.1 Inspection/maintenance/wear and tear

The Customer must take care when using the vehicle and regularly check the levels of oil and water as well as the tyre pressure. The vehicle may only be driven in a safe condition that is in accordance with legal requirements.

10.1.1 Arranging an appointment

The Customer shall take the vehicle to be serviced as soon as a service indicator is activated in the vehicle. The vehicle may only be maintained and repaired at AMAG businesses. AMAG bears the costs for inspection and maintenance. All AMAG businesses can be found at www.amag.ch.

Carrying out service work or other work at a non-AMAG business is prohibited, and the resulting costs as well as any dismantling and/or inspection work by an AMAG company shall be borne by the Customer. Exceptions to this are repair work due to a breakdown outside of Switzerland.

The Customer can book a service appointment at the AMAG business in their vicinity by making an appointment online (www.amag.ch) or by telephone. If you have any questions or are unsure about anything, you can contact AMAG’s Customer Care Center at any time.

10.1.2 Replacement vehicle if the vehicle needs an extensive stay in the workshop

In the event of the workshop work lasting more than two hours on the vehicle listed below, AMAG will offer the Customer a replacement vehicle for the duration of the workshop work so that the Customer does not experience any loss of vehicle due to workshop work: Warranty work, service and inspection, as well as if the repair work is necessary due to no fault of the Customer. There is no entitlement to replacement mobility for workshop work lasting less than two hours or for tyre changes. The type of replacement vehicle depends on availability. To the extent possible, the needs of the Customer are taken into account. There is no entitlement to a specific model as a replacement vehicle.

10.2 Roadworthiness approval and vehicle taxes

AMAG bears all costs for roadworthiness approval as well as the applicable vehicle taxes.

10.3 Motorway vignette

The vehicle is handed over to the Customer with a valid vignette. If the period of the contract extends beyond a turn of the year, the Customer is responsible for changing the vignette. The costs for the new vignette are to be borne by the Customer.

10.4 Tyres

At handover of the vehicle, AMAG shall ensure that the vehicle has the correct tyres. AMAG decides on the size, make, brand and material of the respective tyres at its own discretion.

10.4.1 Change of season

The Customer is responsible for making arrangements for changing winter or summer tyres in good time. The Customer is to arrange the precise date and time of the tyre change directly with an AMAG business. The removed tyres are stored at the AMAG business. Tyre change and storage are free of charge for the Customer.

10.5 Fluids

If the Customer finds that the level of the following fluids is too low, they need to have them topped up at an AMAG business and have them checked for leakage if necessary:

§  Motor oil

§  Gear oil

§  Servo oil

§  Brake fluid

§  Coolant

The costs shall be borne by AMAG.

If the Customer finds that the level of the following fluids is too low, they need to top them up on their own:

§  Wiper fluid

§  Fuels of all kinds, including AdBlue

The costs shall be borne by the Customer.

10.6 Insurance

For the duration of the contractual relationship, the vehicle must have:

a)     Legally required motor vehicle liability insurance cover

b)     Comprehensive insurance in case of collision

c)      Partial comprehensive coverage

d)     Parking damage PLUS insurance

e)     Gross negligence protection (waiver of the statutory right of recourse or reduction)

The costs of the insurance are included in the subscription fee. Intentional damage or damage caused by gross negligence is excluded from the insurance cover.

Excesses:

Third-party insurance: CHF 0.–/CHF 2000.–*

Comprehensive insurance (collision): CHF 1000.–/CHF 3000.–*

Partial comprehensive insurance cover: CHF 0.–/CHF 0.–*

Parking damage: CHF 0.–/CHF 0.–*

* Applies only to drivers under 25 years of age.

10.6.1  General Terms and Conditions of Insurance (GTCI)

In addition to the subscription contract, the relevant General Terms and Conditions of Insurance of Zurich Insurance Company Ltd as amended and available online [Insurance for Private Individuals – Zurich Switzerland] shall apply, the provisions of which shall take precedence over these provisions in the event of a conflict. Customers agree to comply with the provisions of the GTCI as if they themselves were the policyholders. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

10.6.2 Exclusions

10.6.2.1 Third-party insurance

No insurance cover is provided for:

1.      Property damage

Claims arising from damage to the owner’s property, damage to the insured vehicle or trailer and damage to property and animals on/in these vehicles as well as property transported with them. However, damage to objects carried by other persons, such as luggage and the like, is insured.

2.      Races and similar driving activity

Claims arising from accidents during races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads. However, for events of this kind in Switzerland and the Principality of Liechtenstein, claims by third parties within the meaning of Article 72(4) of the Road Traffic Act (SVG) are only excluded if the legally required insurance exists for the relevant events.

3.      Illicit driving

The liability of drivers who do not possess the legally required learner’s permits or driving licences, who drive without a prescribed escort or who give unauthorised rides to other people, and the liability of persons who entrust the insured vehicle to the care of such drivers although they could have recognised these shortcomings.

4.      Unauthorised journeys

Liability in connection with driving that is not authorised by law or by the authorities and the liability of persons who use the entrusted vehicle for driving for which they are not authorised.

5.      Joyrides

The liability of people who have stolen the insured vehicle for use and the liability of the driver who knew or could have known of the theft.

6.      Crime

Claims arising from accidents in connection with the intentional commission of crimes or misdemeanours or with attempts to commit crimes or misdemeanours.

7.      Nuclear energy

Claims arising from damage for which liability is assumed according to legislation on nuclear energy.

10.6.2.2 Recourse

The statutory provisions give the injured party the right to assert their claims directly against Zurich. For this reason, the exclusions pursuant to:

1.      Illicit driving

2.      Unauthorised journeys

3.      Joyrides

4.      Crime

cannot be held against the injured party. If legal or contractual reasons provide for restrictions of the insurance cover (in regard to driving while intoxicated, for example) or cancellation of insurance cover (in regard to driving without a legally required driving licence, for example), Zurich may reclaim its expenses from the insured person in part or in full. Zurich can also reclaim its expenses if Zurich has to provide benefits even though the insurance has already lapsed.

10.6.2.3 Comprehensive insurance

The following are not insured:

1.      Breakdowns

§  Breakdowns, breakage damage and wear-and-tear damage

§  Damage caused by operating procedures or due to filling with incorrect fuels/fluids

§  Damage due to lack of oil

§  Damage due to absence or freezing of the cooling water

§  Damage that only affects the batteries

§  Damage caused by the load (except if the damage follows an event insured under collision)

2.      Reduced value and loss of use

Reduced value (reduction of the market value due to a repair, reduced performance or usability of the vehicle) as well as loss of use.

3.      Races and similar driving activity

Damage during participation in races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads.

4.      Illicit driving

Damage when the vehicle is being driven by a driver who does not possess the legally required learner’s permit or driving licence, who drives without a prescribed escort or who gives unauthorised rides to other people, provided that the insured person could have been aware of these shortcomings.

5.      Unauthorised journeys

Damage during journeys that are not authorised by the authorities or by law.

6.      Alcohol/violation of traffic rules

Damage when the driver has a blood alcohol content of 1.6‰ (minimum value) or more at the time of the accident or is unfit to drive because they are taking drugs or are under the influence of medication with a narcotic effect. If no blood sample was taken but instead only a breathalyser was used, the same applies if the concentration of alcohol in the breath was 0.80 mg/l or more. In addition, damage caused by particularly blatant disregard for the maximum speed limit, reckless overtaking or participation in an unauthorised race with motor vehicles in accordance with Article 90(3) of the Road Traffic Act (SVG).

7.      Special incidents of theft

§  Theft of fuel

8.      Crime

Damage in connection with intentional commission of crimes or misdemeanours or with related attempts.

9.      State of emergency

Damage in the event of warlike events, violations of neutrality, revolution, rebellion, insurrection, earthquakes, volcanic eruptions or changes in the structure of the atomic nucleus, unless the damage can be proven to be unrelated to these events.

Damage in the event of civil unrest (acts of violence against persons or property on the occasion of a riot or disturbance) unless it can be proven that reasonable precautions were taken to prevent the damage; damage during official requisition of the vehicle.

10.6.3 Liability for non-covered damage

If insurance benefits for liability and comprehensive damage are excluded or reduced in accordance with section 10.6.2 due to culpable conduct of the Customer, AMAG is entitled to invoice the Customer for the damage not covered by the insurance.

In the event of a claim, the Customer shall bear the contractually agreed excess within the framework of the comprehensive and liability insurance in accordance with section 10.6.

11. Breakdown and damage events

11.1 What to do in the event of a breakdown

In the event of a breakdown, the Totalmobil! breakdown assistance must be notified:

Telephone:     +41 848 024 365

11.2 What to do in the event of accidents, theft, damage caused by wild animals

In the event of events such as accident, theft, loss, fire, damage caused by wild animals or other damage, as well as in case of the assertion of claims by third parties, the Customer must immediately contact the police and have a police report drawn up. This also applies in the case of at-fault accidents not involving a third party.

11.3 Reporting damage

In the event of damage of any kind, the Customer must use the damage form at www.amag.ch or use the link in the Customer dashboard to notify AMAG within five (5) working days. The Customer must complete the insurance claims form truthfully and in full. If claims reports are received late, or if the Customer is responsible for delays in the claims process, AMAG reserves the right to charge an appropriate processing fee. AMAG also reserves the right to claw back from the Customer any financial losses caused either directly or indirectly by a delay for which the Customer is responsible or by a breach of the Customer’s obligation to cooperate.

Recognition of third-party claims is not permitted. The Customer must follow the instructions of AMAG and/or the insurer with regard to repairing damage.

11.4 Damage that is not covered

Vehicle damage (including minor damage, such as minor damage to paintwork that can be polished up or the replacement of small components screwed or stuck on to the vehicle) that is not covered by comprehensive insurance or that falls within the excess of the fully comprehensive coverage, as well as the full excess in the case of damage caused by collision, will be borne by the Customer.

11.5 Total loss

In the case of total loss (write-off) or theft of the vehicle, AMAG has the right to terminate the contract without notice.

12. Duties of the Customer

12.1 Compliance with laws and regulations

The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad. When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as safety vests, etc., in the vehicle. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

12.2 Compliance with operational and servicing instructions

The Customer must ensure that the vehicle is maintained and serviced in accordance with the manufacturer’s instructions for operation and servicing. The vehicle must always be kept in an operational and roadworthy condition. The transportation of flammable, explosive, poisonous or otherwise dangerous substances is prohibited.

12.3 Number plates

The Customer may not drive the vehicle on public roads without the number plates attached by AMAG. Changing the number plates or attaching them to other vehicles is not permitted.

12.4 Fuel

The Customer must observe the regulations applicable to the vehicle regarding the fuel to be used. Along with petrol and diesel, this includes electricity and any other possibilities for powering a vehicle. Damage resulting from incorrect refuelling must be borne by the Customer.

12.5 Cleanliness and ban on smoking

The Customer is responsible for ensuring that there is no smoking within the vehicle and that the vehicle is kept clean. The ban on smoking also applies to e-cigarettes.

12.6 Animal transport

Animals may only be transported in designated transport boxes in the luggage

compartment.

12.7 Fittings, installations, labels

Fittings, installations and labels may be added to the vehicle by the Customer as long as the vehicle’s value is not compromised as a result. At AMAG’s option, installations and labels may pass into AMAG’s ownership without entitlement to reimbursement or compensation, or the Customer will be required to have them removed at their own cost to restore the vehicle to its original condition.

12.8 Anti-theft protection

The vehicle must be appropriately protected against theft. Windows and doors must be closed and locked properly on leaving the vehicle.

12.9 Monetary penalties and fines

Fines and monetary penalties owed by the Customer for breaches of traffic regulations must be borne by the Customer, along with any corresponding legal costs. The Customer shall indemnify AMAG as vehicle owner for any such claims without delay.

12.10 Change of address

The Customer must inform AMAG in good time of any planned change of domicile. If the Customer intends to move their domicile abroad, AMAG has the right to terminate this contract as of the date of relocation. A change of address can be taken care of through Customer Care (customer.care@amag.ch).

12.11 Obligation of the Customer to cooperate and provide information

To the extent required for processing the subscription contract or for complying with legal regulations, the Customer shall provide AMAG with all required information, such as in regard to other users of the vehicle (especially if they have violated a traffic regulation), about the threat of seizure of the vehicle by a public authority and about other relevant matters. AMAG has the right to disclose this information, including personal details, to the relevant authorities.

The loss of keys or other vehicle accessories must be reported to AMAG without delay.

13. Vehicle return

13.1 Condition and place of return

At the end of the subscription period or in the event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank and in an undamaged, cleaned, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. AMAG and the Customer shall agree on a date and time for return of the vehicle. The Customer can return the vehicle to an AMAG business. It is not possible for the Customer to have the vehicle collected from their home.

13.2 Additional kilometres

If the Customer has driven more kilometres than agreed for the subscription period, the cost for the additional kilometres will be invoiced to the Customer in the final invoice. The cost per additional kilometre is CHF 0.40.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

13.3 Return protocol

On return, a return protocol on the condition of the vehicle shall be issued in the presence of the Customer or their representative. The return protocol will record the return of the vehicle including associated components and documents as well as any identifiable damage. Should the Customer refrain from being present in person at the return, the return protocol shall be deemed accepted without the Customer’s signature.

13.4 Liability for damage and missing items

The Customer is liable for all missing vehicle items, such as keys, etc., as well as for any required repair and servicing work that has been caused by use of the vehicle contrary to the contract by the Customer or persons for whom they are responsible according to the subscription contract.

Normal signs of use such as small traces of stone chips or scratches around the tank cap, door handles and boot lid handles, shall not be deemed as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damages.

13.5 Failure to return

If the Customer does not return the vehicle to the agreed location on the agreed date, AMAG is entitled, after one unsuccessful reminder, to have the vehicle collected from the Customer at the Customer’s expense, without requiring a judicial order to this effect or a deposit. AMAG and authorised third parties are entitled to enter the plot of land or building belonging to the Customer where the vehicle is located for the purpose of retrieving the vehicle.

13.6 Takeover of the vehicle after the subscription period

As an alternative to returning the vehicle, the Customer can purchase the vehicle or take out a lease. In case of interest, the purchase price as well as the leasing conditions will be made known to the Customer after the end of the subscription period. The further details and conditions will be regulated in a separate purchase contract.

13.7 Final invoice

After the vehicle is returned, AMAG will prepare a final invoice with the following items:

a)     If applicable, costs for exceeding the contractually agreed subscription kilometres in accordance with the agreed rate for additional kilometres

b)     If applicable, costs for repairing damage that does not correspond to normal wear and tear

c)      If applicable, costs for replacing or re-procuring documents, keys and other accessories

The final invoice must be paid within 30 days of the invoice date.

14. Early termination of contract

Both parties are entitled to terminate the subscription contract for cause without notice at any time.

Examples of breaches of essential contractual provisions by the Customer include in particular:

a) Payment default of more than 30 days

b) Filing for private bankruptcy or insolvency

c) Serious breach of traffic regulations and driving in an unfit state

d) Revocation of driving licence

e) Use of the vehicle in a manner not in accordance with the contract

f) Removal of the adapter for recording telemetric data (autoSense)

g) Violation of the contractual obligations

h) Failure to cooperate in case of damage

i) Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of AMAG

Examples of breaches of essential contractual provisions by AMAG include in particular:

a)     Prolonged impossibility of vehicle use for technical reasons that cannot be remedied by AMAG within a reasonable period of time. This also includes a total loss of the vehicle stemming from an accident. AMAG is entitled to provide the Customer with a replacement vehicle of a value that is at least equivalent to the original vehicle.

14.1 Costs in the event of early termination of the contract

The effective date of return of the vehicle to AMAG is deemed to be the date of early termination of the contract.

The costs for early termination of the contract due to a breach of an essential contractual provision by the Customer are calculated as follows:

·       The agreed subscription fee is owed until the date of termination of the contract.

·       65% of the agreed subscription fee from the date of termination of the contract until the end of the agreed minimum contract period is owed.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.40. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

The costs for early termination of the contract due to a breach of an essential contractual provision by AMAG are calculated as follows:

·       The agreed subscription fee is owed until the date of termination of the contract.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.40. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

15. Liability

Liability shall be governed by the applicable statutory provisions. However, AMAG shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealised savings, (iv) damages arising from delay in delivery or (v) any acts and omissions of AMAG’s auxiliary persons, whether contractual or non-contractual.

In all other respects, AMAG shall decline liability in the following cases:

• Improper, non-contractual or unlawful storage, adjustment or use of the products

• Use of incompatible spare parts or accessories (such as incorrect supply of power)

• Failure to properly maintain and/or improper modification or repair of products by the Customer or a third party

• Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which AMAG is not responsible, and official decrees

16. Data protection

The AMAG Group’s Privacy Policy applies to the processing of personal information by AMAG.

16.1 Travel data

In addition to the data protection provisions that are also a component of this contract, the Customer agrees that AMAG will be informed electronically and on an ongoing basis, as part of the autoSense system, of all data pertaining to the vehicle; in particular the current odometer reading of the vehicle. To make this possible, an adapter which allows the corresponding data to be read out is fitted in the vehicle. This adapter must not be removed.

17. Partial invalidity

Should individual provisions of these General Subscription Terms and Conditions become invalid or ineffective, this circumstance shall not affect the validity of the remaining provisions and these General Subscription Terms and Conditions as a whole.

18. Jurisdiction and applicable law

All legal relationships between AMAG and the Customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The place of jurisdiction for all disputes arising from this contract is the registered office of AMAG Automobil- und Motoren AG in Cham, Zug. However, AMAG Automobil- und Motoren AG reserves the right to take legal action in the place where the registered office of the defending contracting party is located. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.

1. Scope

These General Subscription Terms and Conditions apply to the contractual relationship between AMAG Automobil- und Motoren AG (hereinafter referred to as AMAG), Alte Steinhauserstrasse 1, 6330 Cham, and the subscriber (hereinafter referred to as the Customer) of a vehicle provided by AMAG.

AMAG reserves the right to change the subscription conditions at any time. However, the version of these subscription conditions in force at the time of conclusion of the legal transaction shall be authoritative and may not be unilaterally amended for this legal transaction. Any terms and conditions of the Customer that conflict with or deviate from these General Subscription Terms and Conditions shall not be recognised.

Deliveries are made exclusively to addresses in Switzerland. The offer is valid as long as the product is advertised in the online shop.

2. Illustration of the product and product description

The vehicle offered is a vehicle that actually exists. There is always the possibility that there will be differences between the product photo and the original vehicle. The product photo is therefore non-binding and serves illustrative purposes only. Due to differences in country configurations, the actual equipment may differ from the equipment listed in the product description.

3. Features of the vehicle

The vehicle is described in the online shop. The vehicle offered is not a vehicle that has suffered significant damage in an accident (such as damage to the chassis structure/chassis frame or the like). The right is reserved to make minor, reasonable changes to the vehicle described in the subscription contract with regard to shape, colour or scope of delivery. However, AMAG is not obligated to deliver a modified version. Measurements and data included in brochures, lists or elsewhere represent only approximate values. The energy data correspond to the type approval for the vehicle model at the time of the quote or subscription contract, collected in statutory test operations. The specifications of the vehicle may differ for technical reasons or due to individual configuration. Different consumption levels may result in practice depending on the style of driving. The information on the energy efficiency class corresponds to the classification at the time of the quote or subscription contract. The vehicle may be assigned a different efficiency class at the time of delivery (without changes in levels) due to annual statutory adjustments.

4. Conclusion of contract

The products and prices in the online shop are considered an offer, but this offer is always subject to availability.

The offer of products and services in the online shop (hereinafter referred to as the “offer”) is directed exclusively at natural persons or legal entities with legal capacity and a fixed place of residence or domicile in Switzerland. The Customer must have a valid driving licence for the relevant vehicle category and, according to AMAG’s discretion, be of sufficient creditworthiness or of sound financial position to meet the financial obligations arising from this contract. The existence of the prerequisites for the conclusion of a contract is verified by AMAG. To this end, the Customer is asked to provide various details about themselves and their financial circumstances and to submit corresponding documents. As soon as the Customer has received the written order confirmation by e-mail, the subscription contract is concluded for products or services, subject to availability and a positive credit rating.

4.1 Use

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Subscription Terms and Conditions.

4.1.1 Use for commercial passenger transport

Use of the vehicle for commercial passenger transport (as a taxi, Uber, etc.) is prohibited.

4.2 Authorised Users

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Subscription Terms and Conditions.

The Customer must ensure that the Authorised Users fulfil these requirements at all times. As a contractual partner of AMAG, the Customer is responsible for the Authorised Users’ compliance with the contractual obligations. The Customer shall provide AMAG with the personal details of the Authorised Users upon request, ensuring beforehand that the Authorised Users are informed of this and of the associated data processing.

4.3 Travel outside of Switzerland

The vehicle will be used primarily in Switzerland. The vehicle may also be driven abroad (e.g. for holiday purposes). Use of the vehicle is limited to the following countries:

Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City State.

For travel outside Switzerland, the Customer is obliged to carry in the vehicle any additional documents and safety accessories required for this purpose, such as safety vests or first-aid kits. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

5. Contract period and notice periods

5.1 Subscription periods

The Customer and AMAG agree on a minimum contract period and a maximum contract period. The agreed minimum contract period can be viewed in the Customer account and begins on the day the vehicle is handed over to the Customer. The maximum contract period is 24 months.

After expiry of the respective minimum contract period, the subscription is automatically extended by one month until duly terminated or until the end of the maximum contract period is reached.

5.2 Notice period

After expiry of the minimum contract period, either party may terminate the contractual relationship as of the end of the subscription month (depending on the date of handover of the vehicle) by giving 30 days’ notice. The right to terminate the contract prematurely in accordance with section 14 is reserved. Returning the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore also not to a pro rata calculation of the cost of the last subscription month. If the Customer does not make use of their right of termination, the contract ends automatically upon expiry of the maximum contract period. The right to terminate the contract prematurely in accordance with section 14 is reserved.

AMAG reserves the right to adjust both vehicle-dependent and vehicle-independent prices and will communicate this to the Customer in writing. The agreed conditions apply in each case for the contractual minimum contract period or until the next possible termination date.

5.3 Requesting a replacement vehicle

The Customer may not request a different vehicle during the minimum contract period. If the Customer is provided with a different vehicle after the end of the minimum term, a new minimum contract period begins for the new vehicle. It is not possible to offset the contract period of the previous vehicle against the new minimum term for the new vehicle.

6. Subscription fee and other payment obligations

6.1 Subscription fee

The subscription fee for the first subscription month will be charged to the customer’s credit card on the day that the booking is accepted. Delivery can only take place once the first payment has been successfully debited.  For all subsequent months of use, the Customer’s credit card will be charged in the amount of the defined subscription fee on the same day of the month that the original handover took place. The credit card will be charged monthly by a payment service provider authorised by AMAG.

6.2 Late payment or an expired credit card

6.2.1 Credit card invalid

The Customer will be notified of their expiring credit card by the payment service provider used by AMAG. If the validity period of the Customer’s credit card has expired, the Customer will receive an e-mail request to update the credit card information.

6.3 Payment default, late payment

If the instalment cannot be collected by credit card within one week after the due date, the Customer will receive a reminder. If the Customer does not respond to this reminder within a period of five (5) working days, the Customer will receive notice of termination of the contract and a request to return the vehicle. The Customer will also be asked to settle outstanding invoices upon return of the vehicle.

6.4 Kilometre bundles

If, at the end of the contract period, the selected mileage is found to have been exceeded by the Customer, the additional kilometres will be charged to the Customer when the contract period ends. AMAG charges the Customer CHF 0.40 per additional kilometre. Kilometres not driven within a given month of the contract period will be carried over to the following months of the contract period.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

6.5 Additional fees

Additional remuneration for AMAG operational costs incurred include:

a) Address research CHF 25.–

b) Payment reminder if payment is not on time CHF 30.–

c) Debt collection CHF 50.– plus actual external costs of debt collection

d) Retrieval of the vehicle in case of breach of contract CHF 500.–

e) Removal of general heavy soiling CHF 250.–

f) Removal of heavy soiling of the vehicle caused by animals CHF 250.–

g) Removal of heavy soiling of the vehicle caused by smoking CHF 450.–

h) Independent expert in case of differences of opinion CHF 800.–

6.6 Miscellaneous

All payments owed in connection with the subscription contract are in CHF and include statutory VAT. If the rate of VAT changes, the monthly subscription fee and the other remuneration provided for in these General Subscription Terms and Conditions shall be appropriately adjusted. The same rule applies to all other newly introduced or raised public fees relevant to the contractual relationship.

7. Ownership and right of disposal

7.1 Details of ownership

The vehicle remains the property of AMAG for the entire duration of the contract. Rights in rem or a right of retention of the vehicle on the part of the Customer for the purpose of asserting claims against AMAG are excluded.

Disposals of the vehicle and its accessories are prohibited (such as sale, pledging or gifting/donation). AMAG is entitled to register a reservation of title (with prohibition of change in ownership). The Customer must keep the vehicle free of the rights of third parties. The Customer must not sell, rent or pledge it, or transfer it by way of gift or security.

7.2 Registration and number plates

The vehicle is registered under AMAG at the responsible driver and vehicle licensing office. Code 178 “Change in ownership prohibited” is entered on the vehicle registration card, and the name and address of the Customer is entered as the location address. The number plates are issued on the basis of the Customer’s canton of residence. It is not possible for AMAG to take over the Customer’s existing number plates. In the event of a subsequent purchase of the car by the Customer, the Customer can make no claim to the number plate affixed during the subscription period.

7.3 Entitlement to disposition

As the owner of the vehicle, AMAG is also entitled to have the vehicle inspected and serviced at any time. The Customer is obliged to cooperate in this regard and hereby irrevocably grants AMAG access to the location where the vehicle is located. If the inspection reveals conduct on the part of the Customer that is in breach of the contract, the Customer shall bear the associated expenses.

8. Availability

AMAG attaches great importance to providing up-to-date and accurate information on availability in the online shop. Particularly if there is a great deal of interest in a product, it may be that the product appears in the online shop but is no longer available. All information on availability is therefore without guarantee and may change before conclusion of the legal transaction.

9. Vehicle handover

The booked vehicle will be handed over by the Customer at an AMAG business or, in the case of home delivery, at the Customer’s place of residence. The date of handover is agreed between AMAG and the Customer. The vehicle is handed over with a full tank of petrol/fully charged and with the currently valid motorway vignette. In case of a home delivery, the fuel or electricity consumed is to be paid for by the Customer. The agreed contract period begins with handover of the vehicle.

9.1 Identification

At handover of the vehicle, the Customer must be able to identify themselves and present a valid driving licence. The Customer must be available in person to accept the vehicle.

9.2 Handover protocol

A handover protocol to be signed by the Customer is issued at the handover appointment. The Customer must inspect the vehicle at the handover appointment and note any defects on the handover protocol. In the event of serious defects or discrepancies between the ordered and delivered vehicle, the Customer should refuse to accept the vehicle.

If the Customer claims that a defect or damage was present at the appointment for handover of the vehicle, the Customer is responsible for proving that this is true.

10. Overview of the included services

The monthly subscription fee includes:

a) Use of the vehicle during the subscription period within the scope of the kilometres included in the agreed monthly package

b) Summer and winter tyres as well as changing and storage of the same

c) A Swiss motorway vignette for the year in which the subscription contract starts

d) All approval and registration fees, vehicle taxes and charges

e) Insurance coverage according to section 10.6

f) All service, maintenance and repairs, as long as such work has not been made necessary by the Customer using the vehicle in a manner that violates the contract

g) Currently applicable statutory value-added tax of 7.7% (as of 1 January 2021). AMAG Automobil- und Motoren AG, 6330 Cham, VAT no.: CHE-499.644.421 MWST

All other costs associated with operating and keeping the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, electricity, charging infrastructure, charging cards, wiper fluid, AdBlue, cleaning costs during the period of the contract or with regard to return of the vehicle, toll fees for roads in other countries, etc.

10.1 Inspection/maintenance/wear and tear

The Customer must take care when using the vehicle and regularly check the levels of oil and water as well as the tyre pressure. The vehicle may only be driven in a safe condition that is in accordance with legal requirements.

10.1.1 Arranging an appointment

The Customer shall take the vehicle to be serviced as soon as a service indicator is activated in the vehicle. The vehicle may only be maintained and repaired at AMAG businesses. AMAG bears the costs for inspection and maintenance. All AMAG businesses can be found at www.amag.ch.

Carrying out service work or other work at a non-AMAG business is prohibited, and the resulting costs as well as any dismantling and/or inspection work by an AMAG company shall be borne by the Customer. Exceptions to this are repair work due to a breakdown outside of Switzerland.

The Customer can book a service appointment at the AMAG business in their vicinity by making an appointment online (www.amag.ch) or by telephone. If you have any questions or are unsure about anything, you can contact AMAG’s Customer Care Center (online.sales@amag.ch) at any time.

10.1.2 Replacement vehicle if the vehicle needs an extensive stay in the workshop

In the event of the workshop work lasting more than two hours on the vehicle listed below, AMAG will offer the Customer a replacement vehicle for the duration of the workshop work so that the Customer does not experience any loss of vehicle due to workshop work: Warranty work, service and inspection, as well as if the repair work is necessary due to no fault of the Customer. There is no entitlement to replacement mobility for workshop work lasting less than two hours or for tyre changes. The type of replacement vehicle depends on availability. To the extent possible, the needs of the Customer are taken into account. There is no entitlement to a specific model as a replacement vehicle.

10.2 Roadworthiness approval and vehicle taxes

AMAG bears all costs for roadworthiness approval as well as the applicable vehicle taxes.

10.3 Motorway vignette

The vehicle is handed over to the Customer with a valid vignette. If the period of the contract extends beyond a turn of the year, the Customer is responsible for changing the vignette. The costs for the new vignette are to be borne by the Customer.

10.4 Tyres

At handover of the vehicle, AMAG shall ensure that the vehicle has the correct tyres. AMAG decides on the size, make, brand and material of the respective tyres at its own discretion.

10.4.1 Change of season

The Customer is responsible for making arrangements for changing winter or summer tyres in good time. The Customer is to arrange the precise date and time of the tyre change directly with an AMAG business. The removed tyres are stored at the AMAG business. Tyre change and storage are free of charge for the Customer.

10.5 Fluids

If the Customer finds that the level of the following fluids is too low, they need to have them topped up at an AMAG business and have them checked for leakage if necessary:

§  Motor oil

§  Gear oil

§  Servo oil

§  Brake fluid

§  Coolant

The costs shall be borne by AMAG.

If the Customer finds that the level of the following fluids is too low, they need to top them up on their own:

§  Wiper fluid

§  Fuels of all kinds, including AdBlue

The costs shall be borne by the Customer.

10.6 Insurance

For the duration of the contractual relationship, the vehicle must have:

a)     Legally required motor vehicle liability insurance cover

b)     Comprehensive insurance in case of collision

c)      Partial comprehensive coverage

d)     Parking damage PLUS insurance

e)     Gross negligence protection (waiver of the statutory right of recourse or reduction)

The costs of the insurance are included in the subscription fee. Intentional damage or damage caused by gross negligence is excluded from the insurance cover.

Excesses:

Third-party insurance: CHF 0.–/CHF 2000.–*

Comprehensive insurance (collision): CHF 1000.–/CHF 3000.–*

Partial comprehensive insurance cover: CHF 0.–/CHF 0.–*

Parking damage: CHF 0.–/CHF 0.–*

* Applies only to drivers under 25 years of age.

10.6.1  General Terms and Conditions of Insurance (GTCI)

In addition to the subscription contract, the relevant General Terms and Conditions of Insurance of Zurich Insurance Company Ltd as amended and available online [Insurance for Private Individuals – Zurich Switzerland] shall apply, the provisions of which shall take precedence over these provisions in the event of a conflict. Customers agree to comply with the provisions of the GTCI as if they themselves were the policyholders. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

10.6.2 Exclusions

10.6.2.1 Third-party insurance

No insurance cover is provided for:

1.      Property damage

Claims arising from damage to the owner’s property, damage to the insured vehicle or trailer and damage to property and animals on/in these vehicles as well as property transported with them. However, damage to objects carried by other persons, such as luggage and the like, is insured.

2.      Races and similar driving activity

Claims arising from accidents during races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads. However, for events of this kind in Switzerland and the Principality of Liechtenstein, claims by third parties within the meaning of Article 72(4) of the Road Traffic Act (SVG) are only excluded if the legally required insurance exists for the relevant events.

3.      Illicit driving

The liability of drivers who do not possess the legally required learner’s permits or driving licences, who drive without a prescribed escort or who give unauthorised rides to other people, and the liability of persons who entrust the insured vehicle to the care of such drivers although they could have recognised these shortcomings.

4.      Unauthorised journeys

Liability in connection with driving that is not authorised by law or by the authorities and the liability of persons who use the entrusted vehicle for driving for which they are not authorised.

5.      Joyrides

The liability of people who have stolen the insured vehicle for use and the liability of the driver who knew or could have known of the theft.

6.      Crime

Claims arising from accidents in connection with the intentional commission of crimes or misdemeanours or with attempts to commit crimes or misdemeanours.

7.      Nuclear energy

Claims arising from damage for which liability is assumed according to legislation on nuclear energy.

10.6.2.2 Recourse

The statutory provisions give the injured party the right to assert their claims directly against Zurich. For this reason, the exclusions pursuant to:

1.      Illicit driving

2.      Unauthorised journeys

3.      Joyrides

4.      Crime

cannot be held against the injured party. If legal or contractual reasons provide for restrictions of the insurance cover (in regard to driving while intoxicated, for example) or cancellation of insurance cover (in regard to driving without a legally required driving licence, for example), Zurich may reclaim its expenses from the insured person in part or in full. Zurich can also reclaim its expenses if Zurich has to provide benefits even though the insurance has already lapsed.

10.6.2.3 Comprehensive insurance

The following are not insured:

1.      Breakdowns

§  Breakdowns, breakage damage and wear-and-tear damage

§  Damage caused by operating procedures or due to filling with incorrect fuels/fluids

§  Damage due to lack of oil

§  Damage due to absence or freezing of the cooling water

§  Damage that only affects the batteries

§  Damage caused by the load (except if the damage follows an event insured under collision)

2.      Reduced value and loss of use

Reduced value (reduction of the market value due to a repair, reduced performance or usability of the vehicle) as well as loss of use.

3.      Races and similar driving activity

Damage during participation in races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads.

4.      Illicit driving

Damage when the vehicle is being driven by a driver who does not possess the legally required learner’s permit or driving licence, who drives without a prescribed escort or who gives unauthorised rides to other people, provided that the insured person could have been aware of these shortcomings.

5.      Unauthorised journeys

Damage during journeys that are not authorised by the authorities or by law.

6.      Alcohol/violation of traffic rules

Damage when the driver has a blood alcohol content of 1.6‰ (minimum value) or more at the time of the accident or is unfit to drive because they are taking drugs or are under the influence of medication with a narcotic effect. If no blood sample was taken but instead only a breathalyser was used, the same applies if the concentration of alcohol in the breath was 0.80 mg/l or more. In addition, damage caused by particularly blatant disregard for the maximum speed limit, reckless overtaking or participation in an unauthorised race with motor vehicles in accordance with Article 90(3) of the Road Traffic Act (SVG).

7.      Special incidents of theft

§  Theft of fuel

8.      Crime

Damage in connection with intentional commission of crimes or misdemeanours or with related attempts.

9.      State of emergency

Damage in the event of warlike events, violations of neutrality, revolution, rebellion, insurrection, earthquakes, volcanic eruptions or changes in the structure of the atomic nucleus, unless the damage can be proven to be unrelated to these events.

Damage in the event of civil unrest (acts of violence against persons or property on the occasion of a riot or disturbance) unless it can be proven that reasonable precautions were taken to prevent the damage; damage during official requisition of the vehicle.

10.6.3 Liability for non-covered damage

If insurance benefits for liability and comprehensive damage are excluded or reduced in accordance with section 10.6.2 due to culpable conduct of the Customer, AMAG is entitled to invoice the Customer for the damage not covered by the insurance.

In the event of a claim, the Customer shall bear the contractually agreed excess within the framework of the comprehensive and liability insurance in accordance with section 10.6.

11. Breakdown and damage events

11.1 What to do in the event of a breakdown

In the event of a breakdown, the Totalmobil! breakdown assistance must be notified:

Telephone:     +41 848 024 365

11.2 What to do in the event of accidents, theft, damage caused by wild animals

In the event of events such as accident, theft, loss, fire, damage caused by wild animals or other damage, as well as in case of the assertion of claims by third parties, the Customer must immediately contact the police and have a police report drawn up. This also applies in the case of at-fault accidents not involving a third party.

11.3 Reporting damage

In the event of damage of any kind, the Customer must use the damage form at www.amag.ch or use the link in the Customer dashboard to notify AMAG within five (5) working days. The Customer must complete the insurance claims form truthfully and in full. If claims reports are received late, or if the Customer is responsible for delays in the claims process, AMAG reserves the right to charge an appropriate processing fee. AMAG also reserves the right to claw back from the Customer any financial losses caused either directly or indirectly by a delay for which the Customer is responsible or by a breach of the Customer’s obligation to cooperate.

Recognition of third-party claims is not permitted. The Customer must follow the instructions of AMAG and/or the insurer with regard to repairing damage.

11.4 Damage that is not covered

Vehicle damage (including minor damage, such as minor damage to paintwork that can be polished up or the replacement of small components screwed or stuck on to the vehicle) that is not covered by comprehensive insurance or that falls within the excess of the fully comprehensive coverage, as well as the full excess in the case of damage caused by collision, will be borne by the Customer.

11.5 Total loss

In the case of total loss (write-off) or theft of the vehicle, AMAG has the right to terminate the contract without notice.

12. Duties of the Customer

12.1 Compliance with laws and regulations

The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad. When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as safety vests, etc., in the vehicle. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

12.2 Compliance with operational and servicing instructions

The Customer must ensure that the vehicle is maintained and serviced in accordance with the manufacturer’s instructions for operation and servicing. The vehicle must always be kept in an operational and roadworthy condition. The transportation of flammable, explosive, poisonous or otherwise dangerous substances is prohibited.

12.3 Number plates

The Customer may not drive the vehicle on public roads without the number plates attached by AMAG. Changing the number plates or attaching them to other vehicles is not permitted.

12.4 Fuel

The Customer must observe the regulations applicable to the vehicle regarding the fuel to be used. Along with petrol and diesel, this includes electricity and any other possibilities for powering a vehicle. Damage resulting from incorrect refuelling must be borne by the Customer.

12.5 Cleanliness and ban on smoking

The Customer is responsible for ensuring that there is no smoking within the vehicle and that the vehicle is kept clean. The ban on smoking also applies to e-cigarettes.

12.6 Animal transport

Animals may only be transported in designated transport boxes in the luggage

compartment.

12.7 Fittings, installations, labels

Fittings, installations and labels may be added to the vehicle by the Customer as long as the vehicle’s value is not compromised as a result. At AMAG’s option, installations and labels may pass into AMAG’s ownership without entitlement to reimbursement or compensation, or the Customer will be required to have them removed at their own cost to restore the vehicle to its original condition.

12.8 Anti-theft protection

The vehicle must be appropriately protected against theft. Windows and doors must be closed and locked properly on leaving the vehicle.

12.9 Monetary penalties and fines

Fines and monetary penalties owed by the Customer for breaches of traffic regulations must be borne by the Customer, along with any corresponding legal costs. The Customer shall indemnify AMAG as vehicle owner for any such claims without delay.

12.10 Change of address

The Customer must inform AMAG in good time of any planned change of domicile. If the Customer intends to move their domicile abroad, AMAG has the right to terminate this contract as of the date of relocation. A change of address can be taken care of through Customer Care (online.sales@amag.ch).

12.11 Obligation of the Customer to cooperate and provide information

To the extent required for processing the subscription contract or for complying with legal regulations, the Customer shall provide AMAG with all required information, such as in regard to other users of the vehicle (especially if they have violated a traffic regulation), about the threat of seizure of the vehicle by a public authority and about other relevant matters. AMAG has the right to disclose this information, including personal details, to the relevant authorities.

The loss of keys or other vehicle accessories must be reported to AMAG without delay.

13. Vehicle return

13.1 Condition and place of return

At the end of the subscription period or in the event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank and in an undamaged, cleaned, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. AMAG and the Customer shall agree on a date and time for return of the vehicle. The Customer can return the vehicle to an AMAG business. It is not possible for the Customer to have the vehicle collected from their home.

13.2 Additional kilometres

If the Customer has driven more kilometres than agreed for the subscription period, the cost for the additional kilometres will be invoiced to the Customer in the final invoice. The cost per additional kilometre is CHF 0.40.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

13.3 Return protocol

On return, a return protocol on the condition of the vehicle shall be issued in the presence of the Customer or their representative. The return protocol will record the return of the vehicle including associated components and documents as well as any identifiable damage. Should the Customer refrain from being present in person at the return, the return protocol shall be deemed accepted without the Customer’s signature.

13.4 Liability for damage and missing items

The Customer is liable for all missing vehicle items, such as keys, etc., as well as for any required repair and servicing work that has been caused by use of the vehicle contrary to the contract by the Customer or persons for whom they are responsible according to the subscription contract.

Normal signs of use such as small traces of stone chips or scratches around the tank cap, door handles and boot lid handles, shall not be deemed as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damages.

13.5 Failure to return

If the Customer does not return the vehicle to the agreed location on the agreed date, AMAG is entitled, after one unsuccessful reminder, to have the vehicle collected from the Customer at the Customer’s expense, without requiring a judicial order to this effect or a deposit. AMAG and authorised third parties are entitled to enter the plot of land or building belonging to the Customer where the vehicle is located for the purpose of retrieving the vehicle.

13.6 Takeover of the vehicle after the subscription period

As an alternative to returning the vehicle, the Customer can purchase the vehicle or take out a lease. In case of interest, the purchase price as well as the leasing conditions will be made known to the Customer after the end of the subscription period. The further details and conditions will be regulated in a separate purchase contract.

13.7 Final invoice

After the vehicle is returned, AMAG will prepare a final invoice with the following items:

a)     If applicable, costs for exceeding the contractually agreed subscription kilometres in accordance with the agreed rate for additional kilometres

b)     If applicable, costs for repairing damage that does not correspond to normal wear and tear

c)      If applicable, costs for replacing or re-procuring documents, keys and other accessories

The final invoice must be paid within 30 days of the invoice date.

14. Early termination of contract

Both parties are entitled to terminate the subscription contract for cause without notice at any time.

Examples of breaches of essential contractual provisions by the Customer include in particular:

a) Payment default of more than 30 days

b) Filing for private bankruptcy or insolvency

c) Serious breach of traffic regulations and driving in an unfit state

d) Revocation of driving licence

e) Use of the vehicle in a manner not in accordance with the contract

f) Removal of the adapter for recording telemetric data (autoSense)

g) Violation of the contractual obligations

h) Failure to cooperate in case of damage

i) Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of AMAG

Examples of breaches of essential contractual provisions by AMAG include in particular:

a)     Prolonged impossibility of vehicle use for technical reasons that cannot be remedied by AMAG within a reasonable period of time. This also includes a total loss of the vehicle stemming from an accident. AMAG is entitled to provide the Customer with a replacement vehicle of a value that is at least equivalent to the original vehicle.

14.1 Costs in the event of early termination of the contract

The effective date of return of the vehicle to AMAG is deemed to be the date of early termination of the contract.

The costs for early termination of the contract due to a breach of an essential contractual provision by the Customer are calculated as follows:

·       The agreed subscription fee is owed until the date of termination of the contract.

·       65% of the agreed subscription fee from the date of termination of the contract until the end of the agreed minimum contract period is owed.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.40. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

The costs for early termination of the contract due to a breach of an essential contractual provision by AMAG are calculated as follows:

·       The agreed subscription fee is owed until the date of termination of the contract.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.40. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

15. Liability

Liability shall be governed by the applicable statutory provisions. However, AMAG shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealised savings, (iv) damages arising from delay in delivery or (v) any acts and omissions of AMAG’s auxiliary persons, whether contractual or non-contractual.

In all other respects, AMAG shall decline liability in the following cases:

• Improper, non-contractual or unlawful storage, adjustment or use of the products

• Use of incompatible spare parts or accessories (such as incorrect supply of power)

• Failure to properly maintain and/or improper modification or repair of products by the Customer or a third party

• Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which AMAG is not responsible, and official decrees

16. Data protection

The AMAG Group’s Privacy Policy applies to the processing of personal information by AMAG.

16.1 Travel data

In addition to the data protection provisions that are also a component of this contract, the Customer agrees that AMAG will be informed electronically and on an ongoing basis, as part of the autoSense system, of all data pertaining to the vehicle; in particular the current odometer reading of the vehicle. To make this possible, an adapter which allows the corresponding data to be read out is fitted in the vehicle. This adapter must not be removed.

17. Partial invalidity

Should individual provisions of these General Subscription Terms and Conditions become invalid or ineffective, this circumstance shall not affect the validity of the remaining provisions and these General Subscription Terms and Conditions as a whole.

18. Jurisdiction and applicable law

All legal relationships between AMAG and the Customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The place of jurisdiction for all disputes arising from this contract is the registered office of AMAG Automobil- und Motoren AG in Cham, Zug. However, AMAG Automobil- und Motoren AG reserves the right to take legal action in the place where the registered office of the defending contracting party is located. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.

1. Scope

These General Subscription Terms and Conditions apply to the contractual relationship between AMAG Automobil- und Motoren AG (hereinafter referred to as AMAG), Alte Steinhauserstrasse 1, 6330 Cham, and the subscriber (hereinafter referred to as the Customer) of a vehicle provided by AMAG.

AMAG reserves the right to change the subscription conditions at any time. However, the version of these subscription conditions in force at the time of conclusion of the legal transaction shall be authoritative and may not be unilaterally amended for this legal transaction. Any terms and conditions of the Customer that conflict with or deviate from these General Subscription Terms and Conditions shall not be recognised.

Deliveries are made exclusively to addresses in Switzerland. The offer is valid as long as the product is advertised in the online shop.

2. Illustration of the product and product description

The vehicle offered is a vehicle that actually exists. There is always the possibility that there will be differences between the product photo and the original vehicle. The product photo is therefore non-binding and serves illustrative purposes only. Due to differences in country configurations, the actual equipment may differ from the equipment listed in the product description.

3. Features of the vehicle

The vehicle is described in the online shop. The vehicle offered is not a vehicle that has suffered significant damage in an accident (such as damage to the chassis structure/chassis frame or the like). The right is reserved to make minor, reasonable changes to the vehicle described in the subscription contract with regard to shape, colour or scope of delivery. However, AMAG is not obligated to deliver a modified version. Measurements and data included in brochures, lists or elsewhere represent only approximate values. The energy data correspond to the type approval for the vehicle model at the time of the quote or subscription contract, collected in statutory test operations. The specifications of the vehicle may differ for technical reasons or due to individual configuration. Different consumption levels may result in practice depending on the style of driving. The information on the energy efficiency class corresponds to the classification at the time of the quote or subscription contract. The vehicle may be assigned a different efficiency class at the time of delivery (without changes in levels) due to annual statutory adjustments.

4. Conclusion of contract

The products and prices in the online shop are considered an offer, but this offer is always subject to availability.

The offer of products and services in the online shop (hereinafter referred to as the “offer”) is directed exclusively at natural persons or legal entities with legal capacity and a fixed place of residence or domicile in Switzerland. The Customer must have a valid driving licence for the relevant vehicle category and, according to AMAG’s discretion, be of sufficient creditworthiness or of sound financial position to meet the financial obligations arising from this contract. The existence of the prerequisites for the conclusion of a contract is verified by AMAG. To this end, the Customer is asked to provide various details about themselves and their financial circumstances and to submit corresponding documents. As soon as the Customer has received the written order confirmation by e-mail, the subscription contract is concluded for products or services, subject to availability and a positive credit rating.

4.1 Use

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Subscription Terms and Conditions.

4.1.1 Use for commercial passenger transport

Use of the vehicle for commercial passenger transport (as a taxi, Uber, etc.) is prohibited.

4.2 Authorised Users

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Subscription Terms and Conditions.

The Customer must ensure that the Authorised Users fulfil these requirements at all times. As a contractual partner of AMAG, the Customer is responsible for the Authorised Users’ compliance with the contractual obligations. The Customer shall provide AMAG with the personal details of the Authorised Users upon request, ensuring beforehand that the Authorised Users are informed of this and of the associated data processing.

4.3 Travel outside of Switzerland

The vehicle will be used primarily in Switzerland. The vehicle may also be driven abroad (e.g. for holiday purposes). Use of the vehicle is limited to the following countries:

Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City State.

For travel outside Switzerland, the Customer is obliged to carry in the vehicle any additional documents and safety accessories required for this purpose, such as safety vests or first-aid kits. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

5. Contract period and notice periods

5.1 Subscription periods

The Customer and AMAG agree on a minimum contract period and a maximum contract period. The agreed minimum contract period can be viewed in the Customer account and begins on the day the vehicle is handed over to the Customer. The maximum contract period is 24 months.

After expiry of the respective minimum contract period, the subscription is automatically extended by one month until duly terminated or until the end of the maximum contract period is reached.

5.2 Notice period

After expiry of the minimum contract period, either party may terminate the contractual relationship as of the end of the subscription month (depending on the date of handover of the vehicle) by giving 30 days’ notice. The right to terminate the contract prematurely in accordance with section 14 is reserved. Returning the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore also not to a pro rata calculation of the cost of the last subscription month. If the Customer does not make use of their right of termination, the contract ends automatically upon expiry of the maximum contract period. The right to terminate the contract prematurely in accordance with section 14 is reserved.

AMAG reserves the right to adjust both vehicle-dependent and vehicle-independent prices and will communicate this to the Customer in writing. The agreed conditions apply in each case for the contractual minimum contract period or until the next possible termination date.

5.3 Requesting a replacement vehicle

The Customer may not request a different vehicle during the minimum contract period. If the Customer is provided with a different vehicle after the end of the minimum term, a new minimum contract period begins for the new vehicle. It is not possible to offset the contract period of the previous vehicle against the new minimum term for the new vehicle.

6. Subscription fee and other payment obligations

6.1 Subscription fee

The subscription fee for the first subscription month will be charged to the Customer’s credit card on the day the vehicle is handed over. For all subsequent months of use, the Customer’s credit card will be charged in the amount of the defined subscription fee on the same day of the month that the original handover took place. The credit card will be charged monthly by a payment service provider authorised by AMAG.

6.2 Late payment or an expired credit card

6.2.1 Credit card invalid

The Customer will be notified of their expiring credit card by the payment service provider used by AMAG. If the validity period of the Customer’s credit card has expired, the Customer will receive an e-mail request to update the credit card information.

6.3 Payment default, late payment

If the instalment cannot be collected by credit card within one week after the due date, the Customer will receive a reminder. If the Customer does not respond to this reminder within a period of five (5) working days, the Customer will receive notice of termination of the contract and a request to return the vehicle. The Customer will also be asked to settle outstanding invoices upon return of the vehicle.

6.4 Kilometre bundles

If, at the end of the contract period, the selected mileage is found to have been exceeded by the Customer, the additional kilometres will be charged to the Customer when the contract period ends. AMAG charges the Customer CHF 0.40 per additional kilometre. Kilometres not driven within a given month of the contract period will be carried over to the following months of the contract period.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

6.5 Additional fees

Additional remuneration for AMAG operational costs incurred include:

a) Address research CHF 25.–

b) Payment reminder if payment is not on time CHF 30.–

c) Debt collection CHF 50.– plus actual external costs of debt collection

d) Retrieval of the vehicle in case of breach of contract CHF 500.–

e) Removal of general heavy soiling CHF 250.–

f) Removal of heavy soiling of the vehicle caused by animals CHF 250.–

g) Removal of heavy soiling of the vehicle caused by smoking CHF 450.–

h) Independent expert in case of differences of opinion CHF 800.–

6.6 Miscellaneous

All payments owed in connection with the subscription contract are in CHF and include statutory VAT. If the rate of VAT changes, the monthly subscription fee and the other remuneration provided for in these General Subscription Terms and Conditions shall be appropriately adjusted. The same rule applies to all other newly introduced or raised public fees relevant to the contractual relationship.

7. Ownership and right of disposal

7.1 Details of ownership

The vehicle remains the property of AMAG for the entire duration of the contract. Rights in rem or a right of retention of the vehicle on the part of the Customer for the purpose of asserting claims against AMAG are excluded.

Disposals of the vehicle and its accessories are prohibited (such as sale, pledging or gifting/donation). AMAG is entitled to register a reservation of title (with prohibition of change in ownership). The Customer must keep the vehicle free of the rights of third parties. The Customer must not sell, rent or pledge it, or transfer it by way of gift or security.

7.2 Registration and number plates

The vehicle is registered under AMAG at the responsible driver and vehicle licensing office. Code 178 “Change in ownership prohibited” is entered on the vehicle registration card, and the name and address of the Customer is entered as the location address. The number plates are issued on the basis of the Customer’s canton of residence. It is not possible for AMAG to take over the Customer’s existing number plates. In the event of a subsequent purchase of the car by the Customer, the Customer can make no claim to the number plate affixed during the subscription period.

7.3 Entitlement to disposition

As the owner of the vehicle, AMAG is also entitled to have the vehicle inspected and serviced at any time. The Customer is obliged to cooperate in this regard and hereby irrevocably grants AMAG access to the location where the vehicle is located. If the inspection reveals conduct on the part of the Customer that is in breach of the contract, the Customer shall bear the associated expenses.

8. Availability

AMAG attaches great importance to providing up-to-date and accurate information on availability in the online shop. Particularly if there is a great deal of interest in a product, it may be that the product appears in the online shop but is no longer available. All information on availability is therefore without guarantee and may change before conclusion of the legal transaction.

9. Vehicle handover

The booked vehicle will be handed over by the Customer at an AMAG business or, in the case of home delivery, at the Customer’s place of residence. The date of handover is agreed between AMAG and the Customer. The vehicle is handed over with a full tank of petrol/fully charged and with the currently valid motorway vignette. In case of a home delivery, the fuel or electricity consumed is to be paid for by the Customer. The agreed contract period begins with handover of the vehicle.

9.1 Identification

At handover of the vehicle, the Customer must be able to identify themselves and present a valid driving licence. The Customer must be available in person to accept the vehicle.

9.2 Handover protocol

A handover protocol to be signed by the Customer is issued at the handover appointment. The Customer must inspect the vehicle at the handover appointment and note any defects on the handover protocol. In the event of serious defects or discrepancies between the ordered and delivered vehicle, the Customer should refuse to accept the vehicle.

If the Customer claims that a defect or damage was present at the appointment for handover of the vehicle, the Customer is responsible for proving that this is true.

10. Overview of the included services

The monthly subscription fee includes:

a) Use of the vehicle during the subscription period within the scope of the kilometres included in the agreed monthly package

b) Summer and winter tyres as well as changing and storage of the same

c) A Swiss motorway vignette for the year in which the subscription contract starts

d) All approval and registration fees, vehicle taxes and charges

e) Insurance coverage according to section 10.6

f) All service, maintenance and repairs, as long as such work has not been made necessary by the Customer using the vehicle in a manner that violates the contract

g) Currently applicable statutory value-added tax of 7.7% (as of 1 January 2021). AMAG Automobil- und Motoren AG, 6330 Cham, VAT no.: CHE-499.644.421 MWST

All other costs associated with operating and keeping the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, electricity, charging infrastructure, charging cards, wiper fluid, AdBlue, cleaning costs during the period of the contract or with regard to return of the vehicle, toll fees for roads in other countries, etc.

10.1 Inspection/maintenance/wear and tear

The Customer must take care when using the vehicle and regularly check the levels of oil and water as well as the tyre pressure. The vehicle may only be driven in a safe condition that is in accordance with legal requirements.

10.1.1 Arranging an appointment

The Customer shall take the vehicle to be serviced as soon as a service indicator is activated in the vehicle. The vehicle may only be maintained and repaired at AMAG businesses. AMAG bears the costs for inspection and maintenance. All AMAG businesses can be found at www.amag.ch.

Carrying out service work or other work at a non-AMAG business is prohibited, and the resulting costs as well as any dismantling and/or inspection work by an AMAG company shall be borne by the Customer. Exceptions to this are repair work due to a breakdown outside of Switzerland.

The Customer can book a service appointment at the AMAG business in their vicinity by making an appointment online (www.amag.ch) or by telephone. If you have any questions or are unsure about anything, you can contact AMAG’s Customer Care Center (online.sales@amag.ch) at any time.

10.1.2 Replacement vehicle if the vehicle needs an extensive stay in the workshop

In the event of the workshop work lasting more than two hours on the vehicle listed below, AMAG will offer the Customer a replacement vehicle for the duration of the workshop work so that the Customer does not experience any loss of vehicle due to workshop work: Warranty work, service and inspection, as well as if the repair work is necessary due to no fault of the Customer. There is no entitlement to replacement mobility for workshop work lasting less than two hours or for tyre changes. The type of replacement vehicle depends on availability. To the extent possible, the needs of the Customer are taken into account. There is no entitlement to a specific model as a replacement vehicle.

10.2 Roadworthiness approval and vehicle taxes

AMAG bears all costs for roadworthiness approval as well as the applicable vehicle taxes.

10.3 Motorway vignette

The vehicle is handed over to the Customer with a valid vignette. If the period of the contract extends beyond a turn of the year, the Customer is responsible for changing the vignette. The costs for the new vignette are to be borne by the Customer.

10.4 Tyres

At handover of the vehicle, AMAG shall ensure that the vehicle has the correct tyres. AMAG decides on the size, make, brand and material of the respective tyres at its own discretion.

10.4.1 Change of season

The Customer is responsible for making arrangements for changing winter or summer tyres in good time. The Customer is to arrange the precise date and time of the tyre change directly with an AMAG business. The removed tyres are stored at the AMAG business. Tyre change and storage are free of charge for the Customer.

10.5 Fluids

If the Customer finds that the level of the following fluids is too low, they need to have them topped up at an AMAG business and have them checked for leakage if necessary:

§  Motor oil

§  Gear oil

§  Servo oil

§  Brake fluid

§  Coolant

The costs shall be borne by AMAG.

If the Customer finds that the level of the following fluids is too low, they need to top them up on their own:

§  Wiper fluid

§  Fuels of all kinds, including AdBlue

The costs shall be borne by the Customer.

10.6 Insurance

For the duration of the contractual relationship, the vehicle must have:

a)     Legally required motor vehicle liability insurance cover

b)     Comprehensive insurance in case of collision

c)      Partial comprehensive coverage

d)     Parking damage PLUS insurance

e)     Gross negligence protection (waiver of the statutory right of recourse or reduction)

The costs of the insurance are included in the subscription fee. Intentional damage or damage caused by gross negligence is excluded from the insurance cover.

Excesses:

Third-party insurance: CHF 0.–/CHF 2000.–*

Comprehensive insurance (collision): CHF 1000.–/CHF 3000.–*

Partial comprehensive insurance cover: CHF 0.–/CHF 0.–*

Parking damage: CHF 0.–/CHF 0.–*

* Applies only to drivers under 25 years of age.

10.6.1  General Terms and Conditions of Insurance (GTCI)

In addition to the subscription contract, the relevant General Terms and Conditions of Insurance of Zurich Insurance Company Ltd as amended and available online [Insurance for Private Individuals – Zurich Switzerland] shall apply, the provisions of which shall take precedence over these provisions in the event of a conflict. Customers agree to comply with the provisions of the GTCI as if they themselves were the policyholders. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

10.6.2 Exclusions

10.6.2.1 Third-party insurance

No insurance cover is provided for:

1.      Property damage

Claims arising from damage to the owner’s property, damage to the insured vehicle or trailer and damage to property and animals on/in these vehicles as well as property transported with them. However, damage to objects carried by other persons, such as luggage and the like, is insured.

2.      Races and similar driving activity

Claims arising from accidents during races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads. However, for events of this kind in Switzerland and the Principality of Liechtenstein, claims by third parties within the meaning of Article 72(4) of the Road Traffic Act (SVG) are only excluded if the legally required insurance exists for the relevant events.

3.      Illicit driving

The liability of drivers who do not possess the legally required learner’s permits or driving licences, who drive without a prescribed escort or who give unauthorised rides to other people, and the liability of persons who entrust the insured vehicle to the care of such drivers although they could have recognised these shortcomings.

4.      Unauthorised journeys

Liability in connection with driving that is not authorised by law or by the authorities and the liability of persons who use the entrusted vehicle for driving for which they are not authorised.

5.      Joyrides

The liability of people who have stolen the insured vehicle for use and the liability of the driver who knew or could have known of the theft.

6.      Crime

Claims arising from accidents in connection with the intentional commission of crimes or misdemeanours or with attempts to commit crimes or misdemeanours.

7.      Nuclear energy

Claims arising from damage for which liability is assumed according to legislation on nuclear energy.

10.6.2.2 Recourse

The statutory provisions give the injured party the right to assert their claims directly against Zurich. For this reason, the exclusions pursuant to:

1.      Illicit driving

2.      Unauthorised journeys

3.      Joyrides

4.      Crime

cannot be held against the injured party. If legal or contractual reasons provide for restrictions of the insurance cover (in regard to driving while intoxicated, for example) or cancellation of insurance cover (in regard to driving without a legally required driving licence, for example), Zurich may reclaim its expenses from the insured person in part or in full. Zurich can also reclaim its expenses if Zurich has to provide benefits even though the insurance has already lapsed.

10.6.2.3 Comprehensive insurance

The following are not insured:

1.      Breakdowns

§  Breakdowns, breakage damage and wear-and-tear damage

§  Damage caused by operating procedures or due to filling with incorrect fuels/fluids

§  Damage due to lack of oil

§  Damage due to absence or freezing of the cooling water

§  Damage that only affects the batteries

§  Damage caused by the load (except if the damage follows an event insured under collision)

2.      Reduced value and loss of use

Reduced value (reduction of the market value due to a repair, reduced performance or usability of the vehicle) as well as loss of use.

3.      Races and similar driving activity

Damage during participation in races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads.

4.      Illicit driving

Damage when the vehicle is being driven by a driver who does not possess the legally required learner’s permit or driving licence, who drives without a prescribed escort or who gives unauthorised rides to other people, provided that the insured person could have been aware of these shortcomings.

5.      Unauthorised journeys

Damage during journeys that are not authorised by the authorities or by law.

6.      Alcohol/violation of traffic rules

Damage when the driver has a blood alcohol content of 1.6‰ (minimum value) or more at the time of the accident or is unfit to drive because they are taking drugs or are under the influence of medication with a narcotic effect. If no blood sample was taken but instead only a breathalyser was used, the same applies if the concentration of alcohol in the breath was 0.80 mg/l or more. In addition, damage caused by particularly blatant disregard for the maximum speed limit, reckless overtaking or participation in an unauthorised race with motor vehicles in accordance with Article 90(3) of the Road Traffic Act (SVG).

7.      Special incidents of theft

§  Theft of fuel

8.      Crime

Damage in connection with intentional commission of crimes or misdemeanours or with related attempts.

9.      State of emergency

Damage in the event of warlike events, violations of neutrality, revolution, rebellion, insurrection, earthquakes, volcanic eruptions or changes in the structure of the atomic nucleus, unless the damage can be proven to be unrelated to these events.

Damage in the event of civil unrest (acts of violence against persons or property on the occasion of a riot or disturbance) unless it can be proven that reasonable precautions were taken to prevent the damage; damage during official requisition of the vehicle.

10.6.3 Liability for non-covered damage

If insurance benefits for liability and comprehensive damage are excluded or reduced in accordance with section 10.6.2 due to culpable conduct of the Customer, AMAG is entitled to invoice the Customer for the damage not covered by the insurance.

In the event of a claim, the Customer shall bear the contractually agreed excess within the framework of the comprehensive and liability insurance in accordance with section 10.6.

11. Breakdown and damage events

11.1 What to do in the event of a breakdown

In the event of a breakdown, the Totalmobil! breakdown assistance must be notified:

Telephone:     +41 848 024 365

11.2 What to do in the event of accidents, theft, damage caused by wild animals

In the event of events such as accident, theft, loss, fire, damage caused by wild animals or other damage, as well as in case of the assertion of claims by third parties, the Customer must immediately contact the police and have a police report drawn up. This also applies in the case of at-fault accidents not involving a third party.

11.3 Reporting damage

In the event of damage of any kind, the Customer must use the damage form at www.amag.ch or use the link in the Customer dashboard to notify AMAG within five (5) working days. The Customer must complete the insurance claims form truthfully and in full. If claims reports are received late, or if the Customer is responsible for delays in the claims process, AMAG reserves the right to charge an appropriate processing fee. AMAG also reserves the right to claw back from the Customer any financial losses caused either directly or indirectly by a delay for which the Customer is responsible or by a breach of the Customer’s obligation to cooperate.

Recognition of third-party claims is not permitted. The Customer must follow the instructions of AMAG and/or the insurer with regard to repairing damage.

11.4 Damage that is not covered

Vehicle damage (including minor damage, such as minor damage to paintwork that can be polished up or the replacement of small components screwed or stuck on to the vehicle) that is not covered by comprehensive insurance or that falls within the excess of the fully comprehensive coverage, as well as the full excess in the case of damage caused by collision, will be borne by the Customer.

11.5 Total loss

In the case of total loss (write-off) or theft of the vehicle, AMAG has the right to terminate the contract without notice.

12. Duties of the Customer

12.1 Compliance with laws and regulations

The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad. When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as safety vests, etc., in the vehicle. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

12.2 Compliance with operational and servicing instructions

The Customer must ensure that the vehicle is maintained and serviced in accordance with the manufacturer’s instructions for operation and servicing. The vehicle must always be kept in an operational and roadworthy condition. The transportation of flammable, explosive, poisonous or otherwise dangerous substances is prohibited.

12.3 Number plates

The Customer may not drive the vehicle on public roads without the number plates attached by AMAG. Changing the number plates or attaching them to other vehicles is not permitted.

12.4 Fuel

The Customer must observe the regulations applicable to the vehicle regarding the fuel to be used. Along with petrol and diesel, this includes electricity and any other possibilities for powering a vehicle. Damage resulting from incorrect refuelling must be borne by the Customer.

12.5 Cleanliness and ban on smoking

The Customer is responsible for ensuring that there is no smoking within the vehicle and that the vehicle is kept clean. The ban on smoking also applies to e-cigarettes.

12.6 Animal transport

Animals may only be transported in designated transport boxes in the luggage

compartment.

12.7 Fittings, installations, labels

Fittings, installations and labels may be added to the vehicle by the Customer as long as the vehicle’s value is not compromised as a result. At AMAG’s option, installations and labels may pass into AMAG’s ownership without entitlement to reimbursement or compensation, or the Customer will be required to have them removed at their own cost to restore the vehicle to its original condition.

12.8 Anti-theft protection

The vehicle must be appropriately protected against theft. Windows and doors must be closed and locked properly on leaving the vehicle.

12.9 Monetary penalties and fines

Fines and monetary penalties owed by the Customer for breaches of traffic regulations must be borne by the Customer, along with any corresponding legal costs. The Customer shall indemnify AMAG as vehicle owner for any such claims without delay.

12.10 Change of address

The Customer must inform AMAG in good time of any planned change of domicile. If the Customer intends to move their domicile abroad, AMAG has the right to terminate this contract as of the date of relocation. A change of address can be taken care of through Customer Care (online.sales@amag.ch).

12.11 Obligation of the Customer to cooperate and provide information

To the extent required for processing the subscription contract or for complying with legal regulations, the Customer shall provide AMAG with all required information, such as in regard to other users of the vehicle (especially if they have violated a traffic regulation), about the threat of seizure of the vehicle by a public authority and about other relevant matters. AMAG has the right to disclose this information, including personal details, to the relevant authorities.

The loss of keys or other vehicle accessories must be reported to AMAG without delay.

13. Vehicle return

13.1 Condition and place of return

At the end of the subscription period or in the event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank and in an undamaged, cleaned, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. AMAG and the Customer shall agree on a date and time for return of the vehicle. The Customer can return the vehicle to an AMAG business. It is not possible for the Customer to have the vehicle collected from their home.

13.2 Additional kilometres

If the Customer has driven more kilometres than agreed for the subscription period, the cost for the additional kilometres will be invoiced to the Customer in the final invoice. The cost per additional kilometre is CHF 0.40.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

13.3 Return protocol

On return, a return protocol on the condition of the vehicle shall be issued in the presence of the Customer or their representative. The return protocol will record the return of the vehicle including associated components and documents as well as any identifiable damage. Should the Customer refrain from being present in person at the return, the return protocol shall be deemed accepted without the Customer’s signature.

13.4 Liability for damage and missing items

The Customer is liable for all missing vehicle items, such as keys, etc., as well as for any required repair and servicing work that has been caused by use of the vehicle contrary to the contract by the Customer or persons for whom they are responsible according to the subscription contract.

Normal signs of use such as small traces of stone chips or scratches around the tank cap, door handles and boot lid handles, shall not be deemed as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damages.

13.5 Failure to return

If the Customer does not return the vehicle to the agreed location on the agreed date, AMAG is entitled, after one unsuccessful reminder, to have the vehicle collected from the Customer at the Customer’s expense, without requiring a judicial order to this effect or a deposit. AMAG and authorised third parties are entitled to enter the plot of land or building belonging to the Customer where the vehicle is located for the purpose of retrieving the vehicle.

13.6 Takeover of the vehicle after the subscription period

As an alternative to returning the vehicle, the Customer can purchase the vehicle or take out a lease. In case of interest, the purchase price as well as the leasing conditions will be made known to the Customer after the end of the subscription period. The further details and conditions will be regulated in a separate purchase contract.

13.7 Final invoice

After the vehicle is returned, AMAG will prepare a final invoice with the following items:

a)     If applicable, costs for exceeding the contractually agreed subscription kilometres in accordance with the agreed rate for additional kilometres

b)     If applicable, costs for repairing damage that does not correspond to normal wear and tear

c)      If applicable, costs for replacing or re-procuring documents, keys and other accessories

The final invoice must be paid within 30 days of the invoice date.

14. Early termination of contract

Both parties are entitled to terminate the subscription contract for cause without notice at any time.

Examples of breaches of essential contractual provisions by the Customer include in particular:

a) Payment default of more than 30 days

b) Filing for private bankruptcy or insolvency

c) Serious breach of traffic regulations and driving in an unfit state

d) Revocation of driving licence

e) Use of the vehicle in a manner not in accordance with the contract

f) Removal of the adapter for recording telemetric data (autoSense)

g) Violation of the contractual obligations

h) Failure to cooperate in case of damage

i) Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of AMAG

Examples of breaches of essential contractual provisions by AMAG include in particular:

a)     Prolonged impossibility of vehicle use for technical reasons that cannot be remedied by AMAG within a reasonable period of time. This also includes a total loss of the vehicle stemming from an accident. AMAG is entitled to provide the Customer with a replacement vehicle of a value that is at least equivalent to the original vehicle.

14.1 Costs in the event of early termination of the contract

The effective date of return of the vehicle to AMAG is deemed to be the date of early termination of the contract.

The costs for early termination of the contract due to a breach of an essential contractual provision by the Customer are calculated as follows:

·       The agreed subscription fee is owed until the date of termination of the contract.

·       65% of the agreed subscription fee from the date of termination of the contract until the end of the agreed minimum contract period is owed.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.40. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

The costs for early termination of the contract due to a breach of an essential contractual provision by AMAG are calculated as follows:

·       The agreed subscription fee is owed until the date of termination of the contract.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.40. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

15. Liability

Liability shall be governed by the applicable statutory provisions. However, AMAG shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealised savings, (iv) damages arising from delay in delivery or (v) any acts and omissions of AMAG’s auxiliary persons, whether contractual or non-contractual.

In all other respects, AMAG shall decline liability in the following cases:

• Improper, non-contractual or unlawful storage, adjustment or use of the products

• Use of incompatible spare parts or accessories (such as incorrect supply of power)

• Failure to properly maintain and/or improper modification or repair of products by the Customer or a third party

• Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which AMAG is not responsible, and official decrees

16. Data protection

The AMAG Group’s Privacy Policy applies to the processing of personal information by AMAG.

16.1 Travel data

In addition to the data protection provisions that are also a component of this contract, the Customer agrees that AMAG will be informed electronically and on an ongoing basis, as part of the autoSense system, of all data pertaining to the vehicle; in particular the current odometer reading of the vehicle. To make this possible, an adapter which allows the corresponding data to be read out is fitted in the vehicle. This adapter must not be removed.

17. Partial invalidity

Should individual provisions of these General Subscription Terms and Conditions become invalid or ineffective, this circumstance shall not affect the validity of the remaining provisions and these General Subscription Terms and Conditions as a whole.

18. Jurisdiction and applicable law

All legal relationships between AMAG and the Customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The place of jurisdiction for all disputes arising from this contract is the registered office of AMAG Automobil- und Motoren AG in Cham, Zug. However, AMAG Automobil- und Motoren AG reserves the right to take legal action in the place where the registered office of the defending contracting party is located. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.

1. Scope

These General Rental Terms and Conditions apply to the contractual relationship between AMAG Automobil- und Motoren AG (hereinafter referred to as AMAG), Alte Steinhauserstrasse 1, 6330 Cham, as the Rental Company, and the renter (hereinafter referred to as the Customer) of a vehicle rented out by AMAG.

AMAG reserves the right to change the rental conditions at any time. However, the version of these General Rental Terms and Conditions in force at the time of conclusion of the legal transaction shall be authoritative and may not be unilaterally amended for this legal transaction. Any terms and conditions of the Customer that conflict with or deviate from these General Rental Terms and Conditions shall not be recognised.

Deliveries are made exclusively to addresses in Switzerland. The offer is valid as long as the product is advertised in the online shop.

2. Illustration of the product and product description

The vehicle offered is a vehicle that actually exists. There is always the possibility that there will be differences between the product photo and the original vehicle. The product photo is therefore non-binding and serves illustrative purposes only. Due to differences in country configurations, the actual equipment may differ from the equipment listed in the product description.

3. Features of the vehicle

The vehicle is described in the online shop. The vehicle offered is not a vehicle that has suffered significant damage in an accident (such as damage to the chassis structure/chassis frame or the like). The right is reserved to make minor, reasonable changes to the vehicle described in the rental contract with regard to shape, colour or scope of delivery. However, the Rental Company is not obligated to deliver a modified version. Measurements and data included in brochures, lists or elsewhere represent only approximate values. The energy data correspond to the type approval for the vehicle model at the time of the quote or rental contract, collected in statutory test operations. The specifications of the vehicle may differ for technical reasons or due to individual configuration. Different consumption levels may result in practice depending on the style of driving. The information on the energy efficiency class corresponds to the classification at the time of the quote or rental contract. The vehicle may be assigned a different efficiency class at the time of delivery (without changes in levels) due to annual statutory adjustments.

4. Conclusion of contract

The products and prices in the online shop are considered an offer, but this offer is always subject to availability.

The offer of products and services in the online shop (hereinafter referred to as the “offer”) is directed exclusively at natural persons or legal entities with legal capacity and a fixed place of residence or domicile in Switzerland. The renter must have a valid driving licence for the relevant vehicle category and, according to AMAG’s discretion, be of sufficient creditworthiness or of sound financial position to meet the financial obligations arising from this contract. The existence of the prerequisites for the conclusion of a contract is verified by AMAG. To this end, the Customer is asked to provide various details about themselves and their financial circumstances and to submit corresponding documents. As soon as the Customer has received the written order confirmation by e-mail, the rental contract is concluded for products or services, subject to availability and a positive credit rating.

4.1 Use

The Customer may only use the vehicle for private and commercial purposes. They may not use the vehicle for racing competitions involving speed, endurance, skill or other factors, for the transport of hazardous goods, for participation in driver safety training or for similar purposes.

4.1.1 Use for commercial passenger transport

Use of the vehicle for commercial passenger transport (as a taxi, Uber, etc.) is prohibited.

4.2 Authorised Users

The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Rental Terms and Conditions.

The Customer must ensure that the Authorised Users fulfil these requirements at all times. As a contractual partner of AMAG, the Customer is responsible for the Authorised Users’ compliance with the contractual obligations. The Customer shall provide AMAG with the personal details of the Authorised Users upon request, ensuring beforehand that the Authorised Users are informed of this and of the associated data processing.

4.3 Travel outside of Switzerland

The vehicle will be used primarily in Switzerland. The vehicle may also be driven abroad (e.g. for holiday purposes). Use of the vehicle is limited to the following countries:

Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City State.

For travel outside Switzerland, the Customer is obliged to carry in the vehicle any additional documents and safety accessories required for this purpose, such as safety vests or first-aid kits. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

5. Rental period and notice periods

5.1 Subscription periods

The Customer and AMAG agree on a minimum rental period and a maximum rental period. The agreed minimum rental period can be viewed in the Customer account and begins on the day the vehicle is handed over to the Customer. The maximum rental period is 24 months.

After expiry of the respective minimum rental period, the subscription is automatically extended by one month until duly terminated or until the end of the maximum rental period is reached.

5.2 Notice period

After expiry of the minimum rental period, either party may terminate the rental relationship as of the end of the subscription month (depending on the date of handover of the rental vehicle) by giving 30 days’ notice. The right to terminate the contract prematurely in accordance with section 14 is reserved. Returning the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore also not to a pro rata calculation of the cost of the last subscription month. If the Customer does not make use of their right of termination, the contract ends automatically upon expiry of the maximum rental period. The right to terminate the contract prematurely in accordance with section 14 is reserved.

AMAG reserves the right to adjust both vehicle-dependent and vehicle-independent prices and will communicate this to the Customer in writing. The agreed conditions apply in each case for the contractual minimum rental period or until the next possible termination date.

5.3 Requesting a replacement vehicle

The Customer may not request a different vehicle during the minimum rental period. If the Customer is provided with a different vehicle after the end of the minimum term, a new minimum rental period begins for the new vehicle. It is not possible to be credited for the rental period of the previous vehicle in regard to the new minimum rental period for the new vehicle.

6. Subscription fee and other payment obligations

6.1 Subscription fee

The subscription fee for the first subscription month will be charged to the Customer’s credit card on the day the vehicle is handed over.  For all subsequent months of use, the Customer’s credit card will be charged in the amount of the defined subscription fee on the same day of the month that the original handover took place. The credit card will be charged monthly by a payment service provider authorised by AMAG.

6.2 Late payment or an expired credit card

6.2.1 Credit card invalid

The Customer will be notified of their expiring credit card by the payment service provider used by AMAG. If the validity period of the Customer’s credit card has expired, the Customer will receive an e-mail request to update the credit card information.

6.3 Payment default, late payment

If the instalment cannot be collected by credit card within one week after the due date, the Customer will receive a reminder. If the Customer does not respond to this reminder within a period of five (5) working days, the Customer will receive notice of termination of the contract and a request to return the vehicle. The Customer will also be asked to settle outstanding invoices upon return of the vehicle.

6.4 Kilometre bundles

If, at the end of the rental period, the selected mileage is found to have been exceeded by the Customer, the additional kilometres will be charged to the Customer when the rental period ends. AMAG charges the Customer CHF 0.75 per additional kilometre. Kilometres not driven within a given month of the rental period will be carried over to the following months of the rental period.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

6.5 Additional fees

Additional remuneration for AMAG operational costs incurred include:

a) Address research CHF 25.–

b) Payment reminder if payment is not on time CHF 30.–

c) Debt collection CHF 50.– plus actual external costs of debt collection

d) Retrieval of the vehicle in case of breach of contract CHF 500.–

e) Removal of general heavy soiling CHF 250.–

f) Removal of heavy soiling of the vehicle caused by animals CHF 250.–

g) Removal of heavy soiling of the vehicle caused by smoking CHF 450.–

h) Independent expert in case of differences of opinion CHF 800.–

6.6 Miscellaneous

All payments owed in connection with the rental contract are in CHF and include statutory VAT. If the rate of VAT changes, the monthly subscription fee and the other remuneration provided for in these General Rental Terms and Conditions shall be appropriately adjusted. The same rule applies to all other newly introduced or raised public fees relevant to the rental relationship.

7. Ownership and right of disposal

7.1 Details of ownership

The vehicle remains the property of AMAG for the entire duration of the contract. Rights in rem or a right of retention of the vehicle on the part of the Customer for the purpose of asserting claims against AMAG are excluded.

Disposals of the vehicle and its accessories are prohibited (such as sale, pledging or gifting/donation). AMAG is entitled to register a reservation of title (with prohibition of change in ownership). The Customer must keep the vehicle free of the rights of third parties. The Customer must not sell, rent or pledge it, or transfer it by way of gift or security.

7.2 Registration and number plates

The vehicle is registered under AMAG at the responsible driver and vehicle licensing office. Code 178 “Change in ownership prohibited” is entered on the vehicle registration card, and the name and address of the Customer is entered as the location address. The number plates are issued on the basis of the Customer’s canton of residence. It is not possible for AMAG to take over the Customer’s existing number plates. In the event of a subsequent purchase of the car by the Customer, the Customer can make no claim to the number plate affixed during the subscription period.

7.3 Entitlement to disposition

As the owner of the vehicle, AMAG is also entitled to have the vehicle inspected and serviced at any time. The Customer is obliged to cooperate in this regard and hereby irrevocably grants AMAG access to the location where the vehicle is located. If the inspection reveals conduct on the part of the Customer that is in breach of the contract, the Customer shall bear the associated expenses.

8. Availability

AMAG attaches great importance to providing up-to-date and accurate information on availability in the online shop. Particularly if there is a great deal of interest in a product, it may be that the product appears in the online shop but is no longer available. All information on availability is therefore without guarantee and may change before conclusion of the legal transaction.

9. Vehicle handover

The booked vehicle will be handed over by the Customer at an AMAG business or, in the case of home delivery, at the Customer’s place of residence. The date of handover is agreed between AMAG and the Customer. The vehicle is handed over with a full tank of petrol/fully charged and with the currently valid motorway vignette. In case of a home delivery, the fuel or electricity consumed is to be paid for by the Customer. The agreed contractual period begins with handover of the vehicle.

9.1 Identification

At handover of the vehicle, the Customer must be able to identify themselves and present a valid driving licence. The Customer must be available in person to accept the vehicle.

9.2 Handover protocol

A handover protocol to be signed by the Customer is issued at the handover appointment. The Customer must inspect the vehicle at the handover appointment and note any defects on the handover protocol. In the event of serious defects or discrepancies between the ordered and delivered vehicle, the Customer should refuse to accept the vehicle.

If the Customer claims that a defect or damage was present at the appointment for handover of the vehicle, the Customer is responsible for proving that this is true.

10. Overview of the included services

The monthly subscription fee (rent) includes:

a) The use of the vehicle during the rental period within the scope of the kilometres included in the agreed monthly package

b) Summer and winter tyres as well as changing and storage of the same

c) A Swiss motorway vignette for the year in which the rental contract starts

d) All approval and registration fees, vehicle taxes and charges

e) Insurance coverage according to section 10.6

f) All service, maintenance and repairs, as long as such work has not been made necessary by the Customer using the vehicle in a manner that violates the contract

g) Currently applicable statutory value-added tax of 7.7% (as of 1 January 2021). AMAG Automobil- und Motoren AG, 6330 Cham, VAT no.: CHE-499.644.421 MWST

All other costs associated with operating and keeping the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, electricity, charging infrastructure, charging cards, wiper fluid, AdBlue, cleaning costs during the period of the contract or with regard to return of the vehicle, toll fees for roads in other countries, etc.

10.1 Inspection/maintenance/wear and tear

The Customer must take care when using the vehicle and regularly check the levels of oil and water as well as the tyre pressure. The vehicle may only be driven in a safe condition that is in accordance with legal requirements.

10.1.1 Arranging an appointment

The Customer shall take the vehicle to be serviced as soon as a service indicator is activated in the vehicle. The vehicle may only be maintained and repaired at AMAG businesses. AMAG bears the costs for inspection and maintenance. All AMAG businesses can be found at www.amag.ch.

Carrying out service work or other work at a non-AMAG business is prohibited, and the resulting costs as well as any dismantling and/or inspection work by an AMAG company shall be borne by the Customer. Exceptions to this are repair work due to a breakdown outside of Switzerland.

The Customer can book a service appointment at the AMAG business in their vicinity by making an appointment online (www.amag.ch) or by telephone. If you have any questions or are unsure about anything, you can contact AMAG’s Customer Care Center at any time.

10.1.2 Replacement vehicle if the rented vehicle needs an extensive stay in the workshop

In the event of the workshop work lasting more than two hours on the vehicle listed below, AMAG will offer the Customer a replacement vehicle for the duration of the workshop work so that the Customer does not experience any loss of vehicle due to workshop work: Warranty work, service and inspection, as well as if the repair work is necessary due to no fault of the Customer. There is no entitlement to replacement mobility for workshop work lasting less than two hours or for tyre changes. The type of replacement vehicle depends on availability. To the extent possible, the needs of the Customer are taken into account. There is no entitlement to a specific model as a replacement vehicle.

10.2 Roadworthiness approval and vehicle taxes

AMAG bears all costs for roadworthiness approval as well as the applicable vehicle taxes.

10.3 Motorway vignette

The vehicle is handed over to the Customer with a valid vignette. If the period of the contract extends beyond a turn of the year, the Customer is responsible for changing the vignette. The costs for the new vignette are to be borne by the Customer.

10.4 Tyres

At handover of the vehicle, AMAG shall ensure that the vehicle has the correct tyres. AMAG decides on the size, make, brand and material of the respective tyres at its own discretion.

10.4.1 Change of season

The Customer is responsible for making arrangements for changing winter or summer tyres in good time. The Customer is to arrange the precise date and time of the tyre change directly with an AMAG business. The removed tyres are stored at the AMAG business. Tyre change and storage are free of charge for the Customer.

10.5 Fluids

If the Customer finds that the level of the following fluids is too low, they need to have them topped up at an AMAG business and have them checked for leakage if necessary:

§  Motor oil

§  Gear oil

§  Servo oil

§  Brake fluid

§  Coolant

The costs shall be borne by AMAG.

If the Customer finds that the level of the following fluids is too low, they need to top them up on their own:

§  Wiper fluid

§  Fuels of all kinds, including AdBlue

The costs shall be borne by the Customer.

10.6 Insurance

For the duration of the rental period, the vehicle must have:

a)     Legally required motor vehicle liability insurance cover

b)     Comprehensive insurance in case of collision

c)      Partial comprehensive coverage

d)     Parking damage PLUS insurance

e)     Gross negligence protection (waiver of the statutory right of recourse or reduction)

The costs of the insurance are included in the rental fee. Intentional damage or damage caused by gross negligence is excluded from the insurance cover.

Excesses:

Third-party insurance: CHF 0.–/CHF 2000.–*

Comprehensive insurance (collision): CHF 1000.–/CHF 3000.–*

Partial comprehensive insurance cover: CHF 0.–/CHF 0.–*

Parking damage: CHF 0.–/CHF 0.–*

* Applies only to drivers under 25 years of age.

10.6.1  General Terms and Conditions of Insurance (GTCI)

In addition to the rental contract, the relevant General Terms and Conditions of Insurance of Zurich Insurance Company Ltd as amended and available online [Insurance for Private Individuals – Zurich Switzerland] shall apply, the provisions of which shall take precedence over these provisions in the event of a conflict. Customers agree to comply with the provisions of the GTCI as if they themselves were the policyholders. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

10.6.2 Exclusions

10.6.2.1 Third-party insurance

No insurance cover is provided for:

1.      Property damage

Claims arising from damage to the owner’s property, damage to the insured vehicle or trailer and damage to property and animals on/in these vehicles as well as property transported with them. However, damage to objects carried by other persons, such as luggage and the like, is insured.

2.      Races and similar driving activity

Claims arising from accidents during races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads. However, for events of this kind in Switzerland and the Principality of Liechtenstein, claims by third parties within the meaning of Article 72(4) of the Road Traffic Act (SVG) are only excluded if the legally required insurance exists for the relevant events.

3.      Illicit driving

The liability of drivers who do not possess the legally required learner’s permits or driving licences, who drive without a prescribed escort or who give unauthorised rides to other people, and the liability of persons who entrust the insured vehicle to the care of such drivers although they could have recognised these shortcomings.

4.      Unauthorised journeys

Liability in connection with driving that is not authorised by law or by the authorities and the liability of persons who use the entrusted vehicle for driving for which they are not authorised.

5.      Joyrides

The liability of people who have stolen the insured vehicle for use and the liability of the driver who knew or could have known of the theft.

6.      Crime

Claims arising from accidents in connection with the intentional commission of crimes or misdemeanours or with attempts to commit crimes or misdemeanours.

7.      Nuclear energy

Claims arising from damage for which liability is assumed according to legislation on nuclear energy.

10.6.2.2 Recourse

The statutory provisions give the injured party the right to assert their claims directly against Zurich. For this reason, the exclusions pursuant to:

1.      Illicit driving

2.      Unauthorised journeys

3.      Joyrides

4.      Crime

cannot be held against the injured party. If legal or contractual reasons provide for restrictions of the insurance cover (in regard to driving while intoxicated, for example) or cancellation of insurance cover (in regard to driving without a legally required driving licence, for example), Zurich may reclaim its expenses from the insured person in part or in full. Zurich can also reclaim its expenses if Zurich has to provide benefits even though the insurance has already lapsed.

10.6.2.3 Comprehensive insurance

The following are not insured:

1.      Breakdowns

§  Breakdowns, breakage damage and wear-and-tear damage

§  Damage caused by operating procedures or due to filling with incorrect fuels/fluids

§  Damage due to lack of oil

§  Damage due to absence or freezing of the cooling water

§  Damage that only affects the batteries

§  Damage caused by the load (except if the damage follows an event insured under collision)

2.      Reduced value and loss of use

Reduced value (reduction of the market value due to a repair, reduced performance or usability of the vehicle) as well as loss of use.

3.      Races and similar driving activity

Damage during participation in races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads.

4.      Illicit driving

Damage when the vehicle is being driven by a driver who does not possess the legally required learner’s permit or driving licence, who drives without a prescribed escort or who gives unauthorised rides to other people, provided that the insured person could have been aware of these shortcomings.

5.      Unauthorised journeys

Damage during journeys that are not authorised by the authorities or by law.

6.      Alcohol/violation of traffic rules

Damage when the driver has a blood alcohol content of 1.6‰ (minimum value) or more at the time of the accident or is unfit to drive because they are taking drugs or are under the influence of medication with a narcotic effect. If no blood sample was taken but instead only a breathalyser was used, the same applies if the concentration of alcohol in the breath was 0.80 mg/l or more. In addition, damage caused by particularly blatant disregard for the maximum speed limit, reckless overtaking or participation in an unauthorised race with motor vehicles in accordance with Article 90(3) of the Road Traffic Act (SVG).

7.      Special incidents of theft

§  Theft of fuel

8.      Crime

Damage in connection with intentional commission of crimes or misdemeanours or with related attempts.

9.      State of emergency

Damage in the event of warlike events, violations of neutrality, revolution, rebellion, insurrection, earthquakes, volcanic eruptions or changes in the structure of the atomic nucleus, unless the damage can be proven to be unrelated to these events.

Damage in the event of civil unrest (acts of violence against persons or property on the occasion of a riot or disturbance) unless it can be proven that reasonable precautions were taken to prevent the damage; damage during official requisition of the vehicle.

10.6.3 Liability for non-covered damage

If insurance benefits for liability and comprehensive damage are excluded or reduced in accordance with section 10.6.2 due to culpable conduct of the Customer, AMAG is entitled to invoice the Customer for the damage not covered by the insurance.

In the event of a claim, the Customer shall bear the contractually agreed excess within the framework of the comprehensive and liability insurance in accordance with section 10.6.

11. Breakdown and damage events

11.1 What to do in the event of a breakdown

In the event of a breakdown, the Totalmobil! breakdown assistance must be notified:

Telephone:     +41 848 024 365

11.2 What to do in the event of accidents, theft, damage caused by wild animals

In the event of events such as accident, theft, loss, fire, damage caused by wild animals or other damage, as well as in case of the assertion of claims by third parties, the Customer must immediately contact the police and have a police report drawn up. This also applies in the case of at-fault accidents not involving a third party.

11.3 Reporting damage

In the event of damage of any kind, the Customer must use the damage form at www.amag.ch or use the link in the Customer dashboard to notify AMAG within five (5) working days. The Customer must complete the insurance claims form truthfully and in full. If claims reports are received late, or if the Customer is responsible for delays in the claims process, AMAG reserves the right to charge an appropriate processing fee. AMAG also reserves the right to claw back from the Customer any financial losses caused either directly or indirectly by a delay for which the Customer is responsible or by a breach of the Customer’s obligation to cooperate.

Recognition of third-party claims is not permitted. The Customer must follow the instructions of AMAG and/or the insurer with regard to repairing damage.

11.4 Damage that is not covered

Vehicle damage (including minor damage, such as minor damage to paintwork that can be polished up or the replacement of small components screwed or stuck on to the vehicle) that is not covered by comprehensive insurance or that falls within the excess of the fully comprehensive coverage, as well as the full excess in the case of damage caused by collision, will be borne by the Customer.

11.5 Total loss

In the case of total loss (write-off) or theft of the vehicle, AMAG has the right to terminate the contract without notice.

12. Duties of the renter

12.1 Compliance with laws and regulations

The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad. When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as safety vests, etc., in the vehicle. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].

12.2 Compliance with operational and servicing instructions

The Customer must ensure that the vehicle is maintained and serviced in accordance with the manufacturer’s instructions for operation and servicing. The vehicle must always be kept in an operational and roadworthy condition. The transportation of flammable, explosive, poisonous or otherwise dangerous substances is prohibited.

12.3 Number plates

The Customer may not drive the vehicle on public roads without the number plates attached by AMAG. Changing the number plates or attaching them to other vehicles is not permitted.

12.4 Fuel

The Customer must observe the regulations applicable to the vehicle regarding the fuel to be used. Along with petrol and diesel, this includes electricity and any other possibilities for powering a vehicle. Damage resulting from incorrect refuelling must be borne by the Customer.

12.5 Cleanliness and ban on smoking

The Customer is responsible for ensuring that there is no smoking within the vehicle and that the vehicle is kept clean. The ban on smoking also applies to e-cigarettes.

12.6 Animal transport

Animals may only be transported in designated transport boxes in the luggage

compartment.

12.7 Fittings, installations, labels

Fittings, installations and labels may be added to the vehicle by the Customer as long as the vehicle’s value is not compromised as a result. At AMAG’s option, installations and labels may pass into AMAG’s ownership without entitlement to reimbursement or compensation, or the Customer will be required to have them removed at their own cost to restore the vehicle to its original condition.

12.8 Anti-theft protection

The vehicle must be appropriately protected against theft. Windows and doors must be closed and locked properly on leaving the vehicle.

12.9 Monetary penalties and fines

Fines and monetary penalties owed by the Customer for breaches of traffic regulations must be borne by the Customer, along with any corresponding legal costs. The Customer shall indemnify AMAG as vehicle owner for any such claims without delay.

12.10 Change of address

The Customer must inform AMAG in good time of any planned change of domicile. If the Customer intends to move their domicile abroad, AMAG has the right to terminate this contract as of the date of relocation. A change of address can be taken care of through Customer Care (customer.care@amag.ch).

12.11 Obligation of the Customer to cooperate and provide information

To the extent required for processing the rental contract or for complying with legal regulations, the Customer shall provide AMAG with all required information, such as in regard to other users of the vehicle (especially if they have violated a traffic regulation), about the threat of seizure of the vehicle by a public authority and about other relevant matters. AMAG has the right to disclose this information, including personal details, to the relevant authorities.

The loss of keys or other vehicle accessories must be reported to AMAG without delay.

13. Vehicle return

13.1 Condition and place of return

At the end of the rental period or in the event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank and in an undamaged, cleaned, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. AMAG and the Customer shall agree on a date and time for return of the vehicle. The Customer can return the vehicle to an AMAG business. It is not possible for the Customer to have the vehicle collected from their home.

13.2 Additional kilometres

If the Customer has driven more kilometres than agreed for the subscription period, the cost for the additional kilometres will be invoiced to the Customer in the final invoice. The cost per additional kilometre is CHF 0.75.

No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.

13.3 Return protocol

On return, a return protocol on the condition of the vehicle shall be issued in the presence of the Customer or their representative. The return protocol will record the return of the vehicle including associated components and documents as well as any identifiable damage. Should the Customer refrain from being present in person at the return, the return protocol shall be deemed accepted without the Customer’s signature.

13.4 Liability for damage and missing items

The Customer is liable for all missing vehicle items, such as keys, etc., as well as for any required repair and servicing work that has been caused by use of the vehicle contrary to the contract by the Customer or persons for whom they are responsible according to the rental contract.

Normal signs of use such as small traces of stone chips or scratches around the tank cap, door handles and boot lid handles, shall not be deemed as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damages.

13.5 Failure to return

If the Customer does not return the vehicle to the agreed location on the agreed date, AMAG is entitled, after one unsuccessful reminder, to have the vehicle collected from the Customer at the Customer’s expense, without requiring a judicial order to this effect or a deposit. AMAG and authorised third parties are entitled to enter the plot of land or building belonging to the Customer where the rental vehicle is located for the purpose of retrieving the vehicle.

13.6 Takeover of the vehicle after the rental period

As an alternative to returning the vehicle, the Customer can purchase the vehicle or take out a lease. In case of interest, the purchase price as well as the leasing conditions will be made known to the Customer after the end of the rental period. The further details and conditions will be regulated in a separate purchase contract.

13.7 Final invoice

After the vehicle is returned, AMAG will prepare a final invoice with the following items:

a)     If applicable, costs for exceeding the contractually agreed subscription kilometres in accordance with the agreed rate for additional kilometres

b)     If applicable, costs for repairing damage that does not correspond to normal wear and tear

c)      If applicable, costs for replacing or re-procuring documents, keys and other accessories

The final invoice must be paid within 30 days of the invoice date.

14. Early termination of contract

Both parties are entitled to terminate the contract for cause without notice at any time.

Cause in this context refers to any breach of an essential contractual provision.

Examples of breaches of essential contractual provisions by the Customer include in particular:

a) Payment default of more than 30 days

b) Filing for private bankruptcy or insolvency

c) Serious breach of traffic regulations and driving in an unfit state

d) Revocation of driving licence

e) Use of the vehicle in a manner not in accordance with the contract

f) Removal of the adapter for recording telemetric data (autoSense)

g) Violation of the renter’s obligations

h) Failure to cooperate in case of damage

i) Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of AMAG

Examples of breaches of essential contractual provisions by AMAG include in particular:

a)     Prolonged impossibility of vehicle use for technical reasons that cannot be remedied by AMAG within a reasonable period of time. This also includes a total loss of the vehicle stemming from an accident. AMAG is entitled to provide the Customer with a replacement vehicle of a value that is at least equivalent to the original vehicle.

14.1 Costs in the event of early termination of the contract

The effective date of return of the vehicle to AMAG is deemed to be the date of early termination of the contract.

The costs for early termination of the contract due to a breach of an essential contractual provision by the Customer are calculated as follows:

·       The agreed rent is owed until the date of termination of the contract.

·       65% of the agreed rent from the date of termination of the contract until the end of the agreed minimum rental period is owed.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.75. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

The costs for early termination of the contract due to a breach of an essential contractual provision by AMAG are calculated as follows:

·       The agreed rent is owed until the date of termination of the contract.

·       The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.75. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.

·       The costs are calculated precisely to the day.

15. Liability

Liability shall be governed by the applicable statutory provisions. However, AMAG shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealised savings, (iv) damages arising from delay in delivery or (v) any acts and omissions of AMAG’s auxiliary persons, whether contractual or non-contractual.

In all other respects, AMAG shall decline liability in the following cases:

• Improper, non-contractual or unlawful storage, adjustment or use of the products

• Use of incompatible spare parts or accessories (such as incorrect supply of power)

• Failure to properly maintain and/or improper modification or repair of products by the Customer or a third party

• Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which AMAG is not responsible, and official decrees

16. Data protection

The AMAG Group’s Privacy Policy applies to the processing of personal information by AMAG.

16.1 Travel data

In addition to the data protection provisions that are also a component of this contract, the Customer agrees that AMAG will be informed electronically and on an ongoing basis, as part of the autoSense system, of all data pertaining to the vehicle; in particular the current odometer reading of the vehicle. To make this possible, an adapter which allows the corresponding data to be read out is fitted in the vehicle. This adapter must not be removed.

17. Partial invalidity

Should individual provisions of these General Rental Terms and Conditions become invalid or ineffective, this circumstance shall not affect the validity of the remaining provisions and these General Rental Terms and Conditions as a whole.

18. Jurisdiction and applicable law

All legal relationships between AMAG and the Customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The place of jurisdiction for all disputes arising from this contract is the registered office of AMAG Automobil- und Motoren AG in Cham, Zug. However, AMAG Automobil- und Motoren AG reserves the right to take legal action in the place where the registered office of the defending contracting party is located. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.