AGB - General Terms and Conditions

§ 1. subject
1.1 Spectrum Mobil GmbH, Aidenbachstraße 36, 81379 Munich (hereinafter referred to as “STATTAUTO”) operates the car sharing service STATTAUTO München CarSharing. STATTAUTO shall provide its customers, who may be natural persons or legal entities under private or public law (hereinafter referred to as “Participants”), with vehicles for self-driving vehicles for temporary use at rented stations and/or within business areas defined by STATTAUTO, subject to availability, upon completion of a successful registration.
1.2 These General Terms and Conditions (hereinafter referred to as “GTC”), together with the Participant Agreement, price list, manual, Sepa mandate and consent to the Schufa query as well as the individual contract, constitute the entire and only agreement between the parties with regard to the use of the Car-Sharing offer by the Participant.

§ 2. framework agreement
The Participant Agreement is concluded as a framework agreement under which individual agreements on individual uses of the car sharing offer are concluded as follows: By completing the registration form online or in person at the STATTAUTO office by handing over the registration form, the participant makes an offer to conclude the framework agreement, subject to the General Terms and Conditions currently valid at that time. STATTAUTO may accept this contractual offer to the participant by sending a corresponding declaration in text form or reject the conclusion of the contract. The contract of a community of participants pursuant to § 3 may be concluded by analogy.

§ 3. community of participants
3.1 Several participants can form a community of participants if they have the identical residential address. For these, reduced cost rates apply according to the currently valid price list. A participant becomes the main participant with bank details and billing address. All other participants (sub-participants) can book and drive under the customer number of the main participant. The members of a participant group shall be jointly and severally liable for all claims arising from services rendered and other justified claims to which STATTAUTO is currently entitled or will be entitled in the future arising from or in connection with the participant agreement.
3.2 If a legal entity under private or public law (e.g. organization, company) is the main participant, other natural persons (persons entitled to travel) can be named by the responsible parties who can book and use vehicles in the name and for the account of the main participant.
For the nomination of sub-participants, costs are incurred according to the currently valid price list. The main participant may cancel the travel authorization at any time without notice and without giving reasons. Each person entitled to travel must be informed by the main participant of his or her rights and obligations. The main participant and the person authorized to drive shall be jointly and severally liable for all claims of STATTAUTO arising in connection with the use by the person authorized to drive.

§ 4. driving authorization
Persons who have concluded a participant contract with STATTAUTO are entitled to drive. In addition, the participant may be driven by another person, but undertakes to consult the valid driver’s license before each ride and to satisfy himself/herself of the driver’s fitness to drive. In any case, he is obliged to check the third party’s driving license and to satisfy himself that he is fit to drive. Otherwise, the vehicle may not be given to a third party. STATTAUTO is entitled to demand a contractual penalty from the participant in accordance with the price list in the event of transfer to a non-authorized person. In addition, STATTAUTO may demand compensation for proven damages. If there is no insurance coverage, the participant is liable in particular for all costs and damages caused by third parties to whom he/she has made the trip possible.

§ 5 Notification obligations for contract data
5.1 The participant is obliged to notify us immediately of any changes to the necessary contract data (address, telephone number, name changes). If necessary contract data of the participant must be determined as a result of failure to notify STATTAUTO, STATTAUTO is entitled to demand compensation for the expenses incurred for this, subject to proof of higher costs, in accordance with the currently valid price list. The customer reserves the right to prove that no or less damage has been incurred.
5.2 If STATTAUTO determines that necessary contract data has not been updated, STATTAUTO is entitled to block the customer account of the subscriber.

§ 6 Credit assessment
STATTAUTO reserves the right to transmit personal data collected within the framework of a contractual relationship concerning the application, implementation and termination of a business relationship as well as data concerning non-contractual behavior or fraudulent behavior to SCHUFA Holding AG, Kormoranweg 5, 65201. The legal basis for these transfers is Article 6(1)(b) and Article 6(1)(f) of the General Data Protection Regulation (GDPR). Transfers based on Article 6(1)(f) DS-GVO may only be made insofar as this is necessary to protect the legitimate interests of STATTAUTO or third parties and does not override the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. The exchange of data with SCHUFA also serves to fulfill legal obligations to perform creditworthiness checks on participants (Sections 505a and 506 of the German Civil Code). SCHUFA processes the data received and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and Switzerland and, where applicable, other third countries (insofar as there is an adequacy decision on these by the European Commission) with information, including for assessing the creditworthiness of natural persons. More detailed information on SCHUFA’s activities can be found in the SCHUFA information sheet pursuant to Art. 14 DS-GVO (see attachment to the data protection declaration) or viewed online at www.schufa.de/datenschutz.

§ 7 Deposit
The participant deposits a deposit with STATTAUTO at the beginning of the contract, the amount of which can be found in the price list. The deposit serves STATTAUTO as security for claims against the participant to which STATTAUTO is entitled arising from or in connection with the participant contract. The deposit will be refunded to the participant after the end of the participant contract without interest with the following monthly/final invoice, and if claims are still conceivable in principle, at the latest 3 months after the end of the contract.

§ 8. identification cards (participant card)
Virtual identification cards are issued for access to the vehicles. Access data (customer number and PIN) for the booking system may not be passed on to persons who are not authorized to travel.
8.1 At the participant’s request, a physical identification card can be requested against payment of an amount according to the currently valid price list. It is not allowed to give the physical identification cards, and the corresponding PIN to persons who are not authorized to drive.
8.2 In any case of termination of the contractual relationship, the participant must return the physical identification card to STATTAUTO at the latest upon termination or expiry of the notice period. The Participant shall be liable for the loss, non-return or damage of the physical identification card, provided that the Participant is at fault in this respect in the form of intentional or negligent conduct, unless the Participant proves that the risk of misuse of the identification card is excluded in the event of loss of the identification card. The loss of the physical identification card must be reported to STATTAUTO immediately.
8.3 In the event that the participant is liable pursuant to § 7 sentence 3 above for the loss, non-return or damage of the physical identification card, STATTAUTO is entitled to charge the participant for the costs of the physical identification card in accordance with the currently valid price list. If the participant is liable pursuant to § 7 sentence 3 above or has passed on the physical identification card and/or the PIN to unauthorized third parties, the participant is also liable within the legal framework for all damage caused by the loss or passing on, in particular if this has enabled the theft of vehicles. The participant reserves the right to prove that no or less damage has been incurred.
8.4 If additional or other access media are provided to or used by the participant (e.g. driver’s license seal, telephone, cards from third-party providers), the above provisions in 8.1 and 8.2 shall apply accordingly.

§ 9 Booking obligation, booking period
9.1 Before each use of a vehicle, the Participant undertakes to book it in accordance with the manual, stating the period of use. Overlaps with bookings that have already been made are not permitted. The participant is entitled to use a vehicle only in the period for which he/she has booked it (booking period). In any case, the customer must pay the costs for the booking period, irrespective of the actual use, unless there is a statutory right of withdrawal or a justified cancellation in accordance with § 10.
9.2 The minimum booking period is one hour. The booking period starts/ends every quarter of an hour. The frequency of the booking period is determined by the valid price list.
9.3 The participant is not entitled to a specific vehicle. STATTAUTO is entitled to provide a vehicle of equal or higher value to the booked vehicle class. The vehicle models displayed during an internet and smartphone booking are examples and may differ from the vehicle provided.

§ 10 Cancellation/reduction
If a participant cannot use the booked vehicle, a cancellation can be made. Cancellation of a booking may be subject to cancellation fees according to the currently valid price list. Abbreviations of bookings are
are treated in the same way as cancellations of the shortened period. STATTAUTO will inform the customer if the booked vehicle class cannot be provided. The participant can then cancel the booking free of charge or change to another vehicle class within the limits of availability.

§ 11 Exceeding the booking period
If the participant is unable to meet the return date, he/she must extend it before the end of the booking period or make an effort to extend it. If an extension is not possible due to a subsequent booking and if the vehicle is returned later than the time specified in the currently valid price list after the end of the booking period, STATTAUTO shall charge the participant – subject to further claims – for delay costs according to the currently valid price list. The participant shall be entitled to prove that STATTAUTO has suffered no or less damage. When calculating the time fee, the time of the actual return is decisive.

§ 12 Starting the journey, checking the vehicle
12.1 If the participant is unable to start the booked journey or starts it late for reasons not attributable to him (e.g. delay of the previous user), he will receive a credit note in accordance with
valid price list, if he immediately reports the state of affairs to STATTAUTO and could not be rebooked in time. The polluter is charged with the same amount.
12.2 The participant is obliged to check the vehicle for visible technical defects and external damage as well as gross soiling before each use. A vehicle is deemed to be grossly soiled in the above sense if the interior or trunk is soiled beyond normal signs of use, i.e. in particular if there are conspicuous or sticky stains, heavy soiling in the footwell (mud, large lumps of dirt), soiling caused by the transportation of animals (conspicuous dog or animal hair), waste, green waste or similar (“gross soiling”). In the case of electric vehicles, this inspection also includes the charging station and the charging cable. Damage and technical defects that have not yet been entered in the digital damage list must be reported to STATTAUTO via the STATTAUTO Munich app or by telephone before the start of the journey. Gross soiling must also be reported before the start of the journey. The vehicle may only be driven if the damage is minor and the driving and road safety of the vehicle is not impaired.
12.3 If the participant culpably fails to comply with its immediate notification and reporting obligation to STATTAUTO in accordance with § 12.2, the participant must pay a contractual penalty to STATTAUTO in accordance with the price list.

§ 13 Carrying a valid driver’s license
STATTAUTO requires the participant to present the currently valid driver’s license upon conclusion of the contract. STATTAUTO may, however, also require the participant to present the current driver’s license at any time during the contractual relationship. The participant undertakes to carry his valid driver’s license during each ride. The right to drive according to § 4. is subject to the continued, uninterrupted possession of a driving license valid in Germany and compliance with all conditions and requirements contained therein. In the event of withdrawal, temporary seizure or loss of the driver’s license, the driving authorization shall immediately expire in accordance with § 4.

§ 14 Use of the vehicles
14.1 The participant must handle the vehicles with care and use them in accordance with the instructions in the manuals, the vehicle documents and the manufacturer’s specifications, as well as check the operating fluids and tire pressure and correct them if necessary. The vehicle must be left clean and properly secured against theft. Smoking in the vehicles is not allowed. The stations are to be treated with care. Any existing gates or barriers must be closed after passage.
14.2 If gross soiling in accordance with Section 12.2 GTC is caused by the participant and the participant is responsible for this, STATTAUTO may charge a flat rate for the cleaning costs in accordance with the price list. The participant has the right to prove that the damage or expense was not incurred or was incurred in a lesser amount.
14.3 Unless otherwise specified, each vehicle is equipped with a fuel card. The absence of the fuel card must be reported before the start of the trip. The customer undertakes to use the fuel card exclusively for refueling and cleaning the rented vehicle.
14.4 Unless otherwise specified, the vehicle must be parked with at least ¼ full tank. In case of non-compliance with the refueling rule, costs may be charged according to the valid price list. In doing so, refueling with premium fuels (e.g. “Aral Ultimate”, “Shell V-Power” or similar) must be avoided. STATTAUTO reserves the right to charge the participant separately for refueling with premium fuels according to the currently valid price list. If the participant has to pay cash for fuel or other vehicle costs, the original receipts must be submitted to the STATTAUTO office by post or in person no later than one month after the date of the display, stating the customer number and name. The participant bears the costs for the use of toll roads. It is prohibited to use the vehicle for commercial passenger transport, off-road driving, motor sport exercises, testing or other third-party purposes and/or to make it available to unauthorized third parties. In addition, the following are prohibited: unauthorized repairs or conversions, such as the removal of bench seats on rented vehicles; the transport of highly flammable, toxic or otherwise hazardous substances, insofar as they significantly exceed normal household quantities; the transport of objects which, due to their size, shape or weight, could impair driving safety or damage the interior; the removal of objects belonging to the vehicle equipment beyond the end of the rental period; the deactivation of the passenger airbag without reactivating it at the end of the journey. In the event that a warning light lights up in the dashboard display, the participant is obligated to stop immediately and consult with STATTAUTO by telephone as to what extent the journey can be continued. At the request of STATTAUTO, the participant shall at any time provide the exact location of the rented vehicle and allow the vehicle to be inspected. For electric vehicles, ensure that the battery has sufficient capacity when leaving the station to allow the vehicle to be used until the next scheduled charging point.

§ 15 Trips abroad
The use of the vehicles is permitted in all countries where insurance coverage exists (green card) and foreign trips do not have to be reported. The participant bears sole responsibility for compliance with vehicle-related legal provisions applicable abroad that do not also apply to the registration and use of vehicles in Germany, traffic regulations as well as requirements for the driving license, and releases STATTAUTO from any claims. For trips to Eastern Europe and outside Europe, a foreign confirmation from STATTAUTO is required.

§ 16 Insurance
16.1 STATTAUTO maintains liability and partially comprehensive insurance for all vehicles. In addition, there is a limitation of liability for damage to the STATTAUTO vehicle in favor of the participant, which is equivalent to comprehensive coverage including partial coverage with a deductible. The deductible amounts applicable to the participants can be found in the respective valid price list. The insurance conditions can be viewed at the office. Protection cover benefits or comparable benefits can be found in the protection cover in the vehicle logbook and the vehicle documents.
16.2 If the STATTAUTO vehicle is damaged during the participant’s period of use or if the participant causes damage, the participant shall be liable for this if the participant is at fault for the damage or loss. STATTAUTO may charge the participant a lump sum for the costs of this claims processing in accordance with the price list. The participant has the right to prove that no or lower damages or expenses were incurred. Just 2 claims can result in the contract being terminated.
16.3 Each participant has the option of reducing the excess by taking out a security package. The safety package covers one claim per year. STATTAUTO has the right to refuse to conclude a safety package, for example if the participant has already caused an accident as a STATTAUTO participant. The amount of the deductible with safety package is based on the currently valid price list. The amounts for the security package are monthly and are charged according to the price list. In the case of a community of participants, the security package can only be concluded if all participants under the participant agreement conclude the security package for themselves. The security package cannot be transferred to other participants. If the subscriber contract is terminated, the security package is automatically terminated at the end of the contract. The security package can be cancelled separately on a monthly basis. In case of cancellation of the security package or termination of the participant’s contract, the participant will receive a pro-rata refund for the unused costs according to the price list.
16.4 The current General Terms and Conditions for Motor Vehicle Insurance (hereinafter referred to as “AKB”) issued by the German Insurance Association (GDV) apply to the insurance and the security package. If the participant breaches an obligation regulated in the AKB and this results in the insurer being exempt from performance, the participant must compensate STATTAUTO in full for the resulting loss. A limitation of liability to the deductible does not apply in this case. In the event of intentional causation of the damage, the liability insurance coverage shall lapse completely and the participant’s liability shall not be limited to an agreed deductible. In the event of gross negligence in causing damage, the liability of the participant towards STATTAUTO shall be governed by the provisions of § 81 para. 2 VVG. The extent of the participant’s liability is then without limitation to an agreed deductible in a ratio corresponding to the severity of the fault within the meaning of § 81 para. 2 VVG to be assessed.

§ 17 Accidents, damage, theft, destruction and
other demise
17.1 Accidents and other damage in connection with the booked car must be reported to STATTAUTO immediately by telephone or in person. Accidents must additionally be reported to the police. If the police refuse to record the accident, the participant must prove this to STATTAUTO in a suitable form (e.g. written confirmation from the police or indication, including day and time, of which police station was notified by telephone but refused to record the damage).
17.2 If no third party has been injured as a result of the accident or, in the case of pure property damage, an exchange of data with the injured third party within the meaning of § 34 para. 1 No. 5 and No. 6 StVO, the notification of the nearest police station can be omitted as an exception, provided that only minor damage to the vehicle’s paintwork (scratches, etc.) has occurred. In such a case, the participant is absolutely obliged to immediately report this damage to STATTAUTO by submitting an accident report.
17.3 If the vehicle has been damaged by unknown third parties (parking damage, hit-and-run accident), the participant must – even in the case of minor damage – immediately inform the nearest police station and request that the damage be recorded.
17.4 The participant is obliged to do everything in his power to limit the damage and to preserve evidence (identification of the other parties involved in the accident, license plates, witnesses, etc.). For the continuation of the journey after accidents or significant damage, the express consent of STATTAUTO must be obtained. The participant is obliged to actively assist in the investigation of accidents.
17.5 Even in the event of an accident, the booking will not be terminated until the vehicle has been returned in proper condition and the usage fees will be charged accordingly. If the vehicle is no longer roadworthy or roadworthy due to the accident, the booking ends upon agreement with STATTAUTO when the vehicle is handed over to the towing company.
Furthermore, the participant is obligated in each case of damage to immediately forward an accident report to STATTAUTO in text form and to provide the police file number.
17.6 All instructions from STATTAUTO must be observed. The participant is prohibited from making any acknowledgement of debt to third parties or the other party involved in the accident or from anticipating the settlement of any liability claims by making payments or other actions acknowledging damage and/or debt (endangering insurance coverage).
17.7 In any case, STATTAUTO alone shall be entitled to choose the repair workshop as the owner of the vehicle. Compensation payments in connection with damage to STATTAUTO vehicles shall in any case be due exclusively to STATTAUTO. If the participant has received such services from third parties, he must forward them to STATTAUTO without being asked to do so.
17.8 If the participant is at least negligently responsible for damage to the vehicle during use and/or is responsible for damage to another vehicle, if this damage is likely to be above the de minimis limit of EUR 750.00 according to his reasonable assessment and if he culpably fails to comply with his immediate obligation to notify and report to STATTAUTO in accordance with § 17.1 sentence 1, the participant must pay a contractual penalty to STATTAUTO in accordance with the price list.

§ 18 Return of the vehicle
18.1. The participant is obliged to return the vehicle in a proper condition at the end of the booking period. The return is considered proper if the fuel card and, if applicable, the parking card have been returned to the holder provided for this purpose, the vehicle has been parked in its original condition with a sufficiently full tank of fuel (according to the currently valid price list), with the steering wheel lock engaged, the windows closed, the parking brake applied and the lights switched off in its defined parking space, and the central locking system has been closed and the car key has been safely stored in the place provided for this purpose. For electric vehicles, the charging cable must also be connected to the charging station and the charging process started. The vehicle key may not be given to another participant or to unauthorized third parties. If a vehicle is returned properly, substantially soiled inside or outside, the party responsible for this circumstance shall pay the costs in accordance with the current valid price list or the actual expenditure.
18.2 If the participant does not fulfill its obligations under 18.1, the participant must pay a contractual penalty to STATTAUTO in accordance with the price list.

§ 19 Third-party services, cross-use
19.1 STATTAUTO may commission third parties with tasks arising from the participant contract. Such tasks may include: booking vehicles (booking center), providing vehicles, participant management, accounting for the participant’s trips, and invoicing. If invoicing is outsourced to a third party, STATTAUTO may instruct the third party to issue the invoice to the Participant in its own name and – if a direct debit authorization has been granted – to debit it from the Participant’s account. Payments to the third party shall then be made with discharging effect for the participant vis-à-vis STATTAUTO.
19.2 The participant can independently book vehicles of other organizations cooperating with STATTAUTO via the booking portal and the app. This automated cross-use takes place at STATTAUTO’s terms and conditions and prices. The participant may also use vehicles of other organizations cooperating with STATTAUTO, with which automated cross-use is not yet possible. Here, the cross-use interest must be declared via STATTAUTO. This cross-use takes place at the terms and conditions and prices of the respective vehicle-providing organization. The terms and conditions of this organization can be viewed by the participant at this organization. The participant indemnifies STATTAUTO against all claims arising from his cross-use with the vehicle-issuing organization.
19.3 The Participant may use cashless services from third parties listed in the Manual in his own name and for his own account. The services will be invoiced by STATTAUTO. STATTAUTO shall not assume any warranty or liability for the services of the third party, unless the damage was caused by intent or gross negligence on the part of STATTAUTO or concerns culpable damage to the health or life of the participant. Complaints must be addressed directly to the third party.

§ 20 Terms of payment
The currently valid price list is available on the Internet at www.stattauto-muenchen.de. Services are invoiced according to the prices specified in the valid price list. The duration of use resulting from the booking and the distance determined by the on-board computer or the distance stated on the journey reports shall apply to the billing of journeys. The STATTAUTO invoice sent to the participant is due immediately and payable within one week of the invoice date. After default, the participant is liable for handling and reminder costs as well as interest on arrears. The assertion of further damage caused by delay remains unaffected by this. Likewise, in the event of default, STATTAUTO is entitled to set up a block on the participant until full settlement. If the participant wishes the invoice to be sent by mail, a service fee will be charged according to the valid price list. The digital provision is free of charge. The validity of travel credits granted is 36 months in each case, unless a shorter term was communicated when the credit was set up.

§ 21 Sepa direct debit mandate
21.1 STATTAUTO collects the invoiced fee by direct debit (SEPA direct debit procedure). The participant grants a corresponding authorization for this purpose. In the case of SEPA direct debit, the participant must issue a corresponding direct debit mandate stating the IBAN and BIC. The advance notice period for SEPA direct debits (pre-notification) will be reduced to 6 days before collection.
21.2 If a direct debit is not honored due to a breach of the participant’s obligation to provide cover or for other reasons for which the participant is responsible, STATTAUTO may charge the participant for this in the amount of the return debit flat rate according to the price list, unless the participant can prove that the expense is lower. The participant is entitled to prove that no or less damage has occurred.
21.3 STATTAUTO may assign its claims to third parties at any time (collection service).

§ 22 Liability of STATTAUTO
STATTAUTO shall only be liable for damage suffered by the participant or the participant’s agents within the scope of the booking or use of the vehicle, outside of the insured keeper liability, if the damage was caused intentionally or by gross negligence on the part of STATTAUTO or if a cardinal contractual obligation was culpably breached.

§ 23 Liability of the participant, insurance cover and excess
23.1 In the event of vehicle damage, vehicle loss and/or breaches of contract, the participant is generally liable in accordance with the statutory liability regulations. The participant’s liability also extends to ancillary damage costs such as expert costs, towing costs, reduction in value, higher insurance premiums and loss of rent. The participant’s liability from accidents for damage caused by STATTAUTO is generally limited to the agreed deductible. This contractual release from liability corresponds to the model of a fully comprehensive insurance. In this case, the participant is liable for damages within the limits of the deductible.
23.2 There is no entitlement to a contractual exemption from liability if the damage was caused intentionally. If the damage was caused by gross negligence, STATTAUTO shall be entitled to reduce its performance obligation to indemnify against liability in proportion to the severity of the fault. The exemption from liability does not cover damage to the STATTAUTO vehicle caused by improper handling and/or operation of the vehicle, for example, by switching errors, ignoring warning lights, incorrect refueling or slipping of the load.
23.3 The participant is also liable for vehicle parts that are lost from the vehicle during his booking (e.g. trunk cover, parcel shelf, floor mats, headrests, vehicle keys, etc.), provided that he is at fault for the loss.
23.4 The General Terms and Conditions for Motor Vehicle Insurance (AKB) issued by the German Insurance Association (GDV) apply to the aforementioned insurance policies and indemnification. If STATTAUTO receives payments from insurance companies or third parties with regard to a claim, these payments will be offset against the participant’s compensation obligations.
23.5 The Participant shall be fully liable for any violations of the law committed by him/her, in particular for violations of traffic and regulatory provisions during the period of use and in connection with the parking of the vehicle. The participant undertakes to indemnify STATTAUTO against all fines and warnings, fees, towing costs and other expenses that authorities or other bodies levy on STATTAUTO on the occasion of the aforementioned violations.
23.6 There is no entitlement to the contractual exemption from liability if an obligation to be fulfilled by the participant, in particular in the event of a breach of his obligations, has been intentionally breached. In the event of a grossly negligent breach of an obligation to be fulfilled by the participant, STATTAUTO shall be entitled to reduce the amount of the limitation of liability in proportion to the severity of the fault, up to and including complete suspension. By way of derogation, the agreed deductible per claim shall remain in force insofar as the breach of the obligation is not the cause either of the occurrence of the claim or of the determination or extent of the loss incurred by STATTAUTO. This does not apply if the obligation was fraudulently breached.

§ 24 Lost property
24.1 STATTAUTO accepts no liability for items left behind in the vehicle after the end of the journey. This shall not apply in cases of intent or gross negligence on the part of STATTAUTO, its representatives or vicarious agents.
24.2 STATTAUTO can store lost property for a maximum of four weeks. If the owner has not requested the return of the items within this period, they will be handed over to the city’s lost and found office. In case of return of lost property, the participant undertakes to pay an additional fee according to the price list.

§ 25 Termination, suspension, termination without notice
Both STATTAUTO and the Participant may terminate the contractual relationship in text form at any time and without stating reasons, subject to a notice period of six weeks to the end of the month. For good cause – in particular if there is reasonable suspicion of a serious breach of contract – STATTAUTO may declare an immediate block with the consequence that the booking and usage right shall be suspended until the block is lifted or the participation contract is terminated. Upon request by STATTAUTO, the participant shall be obliged to return the physical identification cards and other aids to STATTAUTO without delay, excluding any right of retention. STATTAUTO may terminate the contractual relationship without notice for good cause. This shall apply in particular in the event of significant use of a vehicle in breach of contract or continuation of use in breach of contract despite a warning. In this case, the Participant shall be obliged, even without being requested to do so, to return the physical identification cards and other aids to STATTAUTO without delay, excluding any right of retention.

§ 26 Amendment of the contractual conditions
26.1 Changes to these General Terms and Conditions or changes to the price lists will be offered to the participant by STATTAUTO in text form at least 6 weeks before they come into effect. The changes can also be offered by e-mail to the e-mail address provided during registration. The offered changes shall only become effective if the participant accepts them by way of consent, if necessary and only if the conditions set out below are met, by way of fictitious consent. Silence on the part of the participant shall only be deemed to be acceptance of the offer of change (deemed consent) if
a) the offer of amendment is made in order to restore the conformity of the contractual provisions with a changed legal situation because a provision of the General Terms and Conditions no longer corresponds to the legal situation due to a change in the law, including directly applicable European Union legislation, or
b) becomes invalid or may no longer be used as a result of a final court decision, including by a court of first instance; or
c) the legal or factual situation changes and the participant or STATTAUTO could not foresee this change when concluding the contract and this leads to a gap in the contract or the balance of the contract structure (in particular of services and consideration) is not insignificantly disturbed as a result.
and the Participant has not rejected the offer of change prior to the proposed effective date of the changes. Furthermore, the fiction of consent applies only if statutory provisions do not restore the balance of the contractual structure or do not fill the gap that has arisen.
An amendment by consent shall in no case apply to an amendment of the
– agreed main performance obligations,
– Term of the contract and
– Regulations on termination.
STATTAUTO shall again separately inform the participant of the consequences of his silence in the change offer. If STATTAUTO makes use of the fictitious consent, the participant may also terminate the contract affected by the change without notice and free of charge before the proposed date on which the change takes effect. STATTAUTO shall specifically draw the participant’s attention to this right of termination in the change offer. If the participant’s consent to the amended GTC is requested and if the participant does not give this consent before the announced amendment to the GTC takes effect, STATTAUTO shall have the right to terminate the usage agreement in text form with a notice period of 6 weeks.
26.2 STATTAUTO is entitled and obliged to adjust the kilometer prices in the event of a change in fuel prices in accordance with the respective nominal increase/reduction, i.e. to increase or reduce them (subject to adjustment). The conditions of the reservation of adjustment are specified in the respective valid price list. The change to the adjustment reservation is not a price change within the meaning of clause 26.1.

§ 27 Data protection
27.1 The participant knows and accepts the attached data protection declaration.
27.2 Participants are informed that their data will be stored and processed electronically in order to execute the Participant Contract.
27.3 If STATTAUTO or the participant makes use of services from third parties in accordance with §18 of these GTC, STATTAUTO will provide the commissioned third party with the personal data of the participant necessary for the completion of its task.
pass on. The interests of the participant that are worthy of protection must not be impaired as a result.
27.4 Otherwise, data processing and disclosure is only permitted on the basis of the applicable data protection regulations.

§ 28 General provisions and place of jurisdiction
28.1 The business relationship is subject to German law.
28.2 The participant is only entitled to offset if his counterclaims have been legally established or are undisputed or recognized by STATTAUTO. The participant shall only have a right of retention if and insofar as the counterclaim is based on the same contractual relationship.
28.3 Munich shall be the exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants. If a participant who is a consumer does not have a general place of jurisdiction in Germany, if he/she moves his/her place of residence abroad after conclusion of the contract or if his/her place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction for actions against participants shall be Munich. In all other respects, the statutory places of jurisdiction shall apply. Exclusive places of jurisdiction, e.g. for judicial dunning proceedings, shall remain unaffected.
28.4 There are no verbal collateral agreements.

§ Section 29 of the Consumer Dispute Settlement Act
STATTAUTO is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: July 2024

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Information on the processing of your personal data: Spectrum Mobil GmbH is responsible for the processing of your personal data. For further information on the processing of your data, in particular on the rights to which you are entitled, please refer to our data protection declaration at https://stattauto-muenchen.de/datenschutz or contact us by any other means.

Application

Here you can optionally upload files like resume, cover letter or certificates (max. 10MB)
Notes on the processing of your personal data: Spectrum Mobil GmbH is responsible for the processing of your personal data in the context of the application. For further information on the processing of your data, in particular on the rights to which you are entitled, please refer to our data protection declaration at https://stattauto-muenchen.de/datenschutz or contact us by any other means.