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, the Price List, the Manual, the Sepa Mandate and the consent to the Schufa query, as well as the Individual Agreement, constitute the entire and sole agreement between the Parties with respect 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 may terminate the contract.
Reject conclusion of 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 community of participants shall be jointly and severally liable for all claims arising from services rendered and other justified claims that STATTAUTO
from or in connection with the participant agreement at present or in the future.

3.2 If a legal entity under private or public law (e.g. organization, company) becomes the main participant, additional natural persons (authorized travelers) may be named by the responsible parties, who may each 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. The participant may also pass the vehicle on to third parties, provided that they themselves are participants of STATTAUTO. In any case, he is obliged to keep the driver’s license of the third party
check and satisfy himself of his fitness 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. 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
(§ 505a and 506 of the 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 in Switzerland and, if applicable, in other third countries (insofar as an adequacy decision by the European Commission exists in respect of these) with information, inter alia, on the
Assessment of the creditworthiness of natural persons, to give. 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

§ 6. 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 returned to the participant at the end of the participant’s contract without interest with the following monthly payment.
/final settlement, and insofar as claims are still conceivable in principle, at the latest 3 months after the end of the contract.

§ 7. identification cards (subscriber card)

Virtual identification cards are issued for access to the vehicles. Passing on the access data (customer number and PIN) to the booking system to persons not authorized to drive is not permitted.

7.1 At the request of the participants, 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.

7.2 In any case of termination of the contractual relationship, the Participant shall 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.

7.3 In the event of the Participant’s liability pursuant to the above § 7 sentence 3 for the loss, non-return or damage of the physical identification card, STATTAUTO shall be entitled to charge the Participant for the costs of the physical identification card according to the currently valid price list If the Participant is liable pursuant to the above § 7 sentence 3 or if the Participant has passed on the physical identification card and/or the PIN to third parties who are not authorized to drive, the Participant shall also be liable to the extent permitted by law 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.

7.4 If additional or other access media are handed over to the Participant or used by the Participant (e.g., driver’s license seal, telephone, third-party cards), the above provisions in 7.1 and 7.2 shall apply accordingly.

§ 8. booking obligation, booking period

8.1 Before each use of a vehicle, the Participant undertakes to book it in accordance with the Manual, specifying 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, he has to pay the costs for the booking period, regardless of the actual use, unless there is a legal right of withdrawal or a justified cancellation according to § 9.

8.2 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.

8.3 The participant has no right 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.

§ 9. cancellation/shortening

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. Shortened bookings are treated 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.

§ 10. overruns of the accounting 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.

§ 11 Start of the journey, checking the vehicle

11.1 If the Participant is unable to commence his booked journey or is delayed for reasons beyond his control (e.g. delay on the part of the previous User), he shall 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.

11.2 The participant is obliged to check the vehicle for visible technical defects and external damage as well as gross contamination before each use. A vehicle shall be deemed to be grossly contaminated within the meaning of the foregoing if the interior or trunk of the vehicle exceeds ordinary
is soiled beyond 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 due to the transport of animals (conspicuous dog or animal hair), waste, green cuttings or similar (“gross soiling”). In the case of electric vehicles, this inspection also includes the charging column and the charging cable. Damage and technical defects that have not yet been entered in the digital damage list must be reported via the STATTAUTO München app or by telephone before the start of the journey.
be reported to STATTAUTO. Gross contamination 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. 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 keep his or her
carry a valid driver’s license. The right to drive pursuant to § 4. is subject to the continued, uninterrupted possession of a driver’s license valid in Germany and compliance with all conditions and requirements contained therein. At
Withdrawal, temporary seizure or loss of the driver’s license immediately extinguishes the right to drive according to § 4.

§ 13. use of the vehicles

13.1 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.

13.2 If gross soiling is caused by the Participant in accordance with Section 11.2 GTC and the Participant is responsible for this, STATTAUTO may charge a flat rate for the cleaning effort 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.

13.3 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.

13.4 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 VPower” 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. In the event that the participant is required to advance cash for fuel or other vehicle expenses, the original receipts must be submitted to the STATTAUTO office no later than one month after the date of posting, indicating 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, for off-road driving, for motor sport exercises, for testing purposes or for other third-party purposes and/or to make it available to unauthorized third parties. In addition, the following are prohibited: unauthorized repairs or modifications such as the removal of
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.

§ 14. 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.

§ 15. insurance

15.1 STATTAUTO shall maintain liability and partial cover 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.

15.2 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 the damage. 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.

15.3 Each participant has the option to reduce the deductible by taking out a safety 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 participation 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.

15.4 The insurance and the safety package are subject to the current General Terms and Conditions for Motor Vehicle Insurance (hereinafter referred to as “AKB”) issued by the German Insurance Association (GDV). If the participant violates any of the provisions of the AKB
obligation and if this leads to the insurer being exempt from performance, the participant must compensate STATTAUTO in full for the resulting damage. A limitation of liability to the deductible does not apply in this case. In the event of intentional causation of the loss event, the
Liability insurance coverage is complete and the participant’s liability is not limited to an agreed deductible. In the event of gross negligence in causing a damage event
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 shall then, without limitation to any agreed deductible, be in proportion to the severity of the fault within the meaning of § 81
Para. 2 VVG to be assessed.

§ 16 Accidents, damage, theft, destruction and other loss

16.1 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).

16.2 If no third party has been injured as a result of the accident or, in the case of purely property damage, it was not possible to exchange 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.

16.3 If the vehicle was damaged by unknown third parties (parking damage, hit-and-run accident), the participant must – even in the case of minor damage – immediately notify the nearest police station and request a recording of the damage.

16.4 The participant is obligated to do everything in his power to limit the damage and to preserve evidence (ascertain the other parties involved in the accident, license plate numbers, 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.

16.5 Even in the event of an accident, the booking will be terminated only after proper return and the usage fees will be charged accordingly. If the vehicle is no longer roadworthy or roadworthy due to the accident, the booking ends after consultation with STATTAUTO with
Handing over the vehicle 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.

16.6 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).

16.7 STATTAUTO as the owner of the vehicle shall in any case be solely entitled to choose the repair workshop. 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.

16.8 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 trivial limit of EUR 750.00 according to the participant’s reasonable assessment and if the participant culpably fails to comply with his immediate notification and reporting obligation to STATTAUTO in accordance with § 16.1 p. 1, the participant shall pay a contractual penalty to STATTAUTO in accordance with the price list.

§ 17. return of the vehicle

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 returned in the original condition with
has been parked in its defined parking space 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, and with the central locking system closed and the car key on the
were safely housed in the designated place. 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. third party services, cross use

18.1 STATTAUTO may commission third parties with tasks arising from the participant agreement. 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.

18.2 The Participant may 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 can 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-providing organization

18.3 The Participant may use non-cash services of third parties listed in the Manual in its own name and for its own account. The services will be invoiced by STATTAUTO. STATTAUTO does 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.

§ 19. terms of payment

The currently valid price list is available on the Internet at Services are invoiced according to the prices specified in the valid price list. For the settlement of the trips, the duration of use resulting from the booking and the duration of use determined by the
The distance determined by the on-board computer or the distance indicated on the trip reports. 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.

§ 20. sepa direct debit mandate

20.1 STATTAUTO shall collect the charged fee using the direct debit authorization procedure (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.

20.2 If a direct debit is not honored due to a breach by the Participant of its obligation to maintain cover or for other reasons for which the Participant is responsible, STATTAUTO may charge the Participant for this in the amount of the return direct debit flat rate according to the price list in
invoice, unless the participant proves a lesser expense. The participant is entitled to prove that no or less damage has occurred.

20.3 STATTAUTO may assign its claims to third parties at any time (collection service).

§ 21 Liability of STATTAUTO

STATTAUTO shall only be liable for damage suffered by the participant or the participant’s agents in the course of booking or using the vehicle outside the insured keeper’s liability if the damage was caused intentionally or by gross negligence on the part of STATTAUTO or a cardinal
contractual obligation has been culpably breached.

§ 22. liability of the participant, insurance coverage and

22.1 In the event of vehicle damage, vehicle loss and/or breach of contract, the Participant shall in principle be liable in accordance with the statutory liability rules. 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.

22.2 There shall be no entitlement to a contractual indemnity against 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, e.g. due to gearshift errors, ignoring warning lights, incorrect refueling or
caused by slipping of the load.

22.3 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.

22.4 The General Terms and Conditions for Motor Vehicle Insurance, AKB, published by the German Insurance Association (GDV) shall apply to the aforementioned insurance policies and indemnification against liability. Insofar as STATTAUTO receives payments from insurance companies or third parties with regard to a claim, these payments will be offset against the participant’s obligations to pay damages.

22.5 The Participant shall be fully liable for any violations of the law committed by him, in particular for violations of traffic and regulatory regulations during the period of use and in connection with the parking of the vehicle. The participant undertakes to indemnify STATTAUTO against any and 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.

22.6 There shall be no entitlement to the contractual indemnification against liability if an obligation to be fulfilled by the Participant, in particular in the event of a breach of its obligations, has been intentionally violated. 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.

§ 23. lost property

23.1 STATTAUTO shall not assume any liability for items left 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.

23.2 STATTAUTO may deposit 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.

§ 24 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 blockage
with the consequence that the booking and usage rights are suspended until the block is lifted or the participation agreement 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 can do the
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.

§ 25. amendment of the terms of the contract

25.1 Amendments to these General Terms and Conditions or amendments to the price lists shall be offered to the Participant by STATTAUTO in text form no later than 6 weeks before they take effect. The changes can also be offered by e-mail to the e-mail address provided during registration. The offered changes will only become effective if the
Participant accepts these by consent, if necessary and only if the conditions regulated below are fulfilled, by way of fictitious consent. The Participant’s silence shall only be deemed to be acceptance of the offer of amendment (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 legal provisions of the European Union, 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 must inform STATTAUTO of this change.
change could not have been foreseen at the time the contract was concluded and this leads to a gap in the contract or the balance of the contractual structure (in particular of performance 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. In addition, the fiction of consent applies only if statutory provisions do not restore the balance of the contractual structure or the
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.

25.2 STATTAUTO shall be entitled and obliged to adjust the mileage prices in the event of a change in the fuel prices in accordance with the respective nominal increase/decrease, i.e. to increase or decrease (adjustment reservation). The conditions of the reservation of adjustment are specified in the respective valid price list. The change of the adjustment reservation is not a price change within the meaning of clause 25.1.

§ 26. data protection

26.1 The participant knows and accepts the attached privacy policy.

26.2 The participant is informed that his/her data will be stored and processed electronically for the execution of the participant contract.

26.3 If STATTAUTO or the participant makes use of services of third parties in accordance with §18 of these GTC, STATTAUTO shall pass on to the commissioned third party the personal data of the participant necessary for the completion of its task. The interests of the participant that are worthy of protection must not be impaired as a result.

26.4 In all other respects, data processing and disclosure shall only be permitted on the basis of the applicable provisions of data protection law.

§ 27 General provisions and place of jurisdiction

27.1 The business relations shall be governed by German law.

27.2 The participant shall only have a right to offset if its counterclaims have been legally established or are undisputed or acknowledged by STATTAUTO. The participant shall only have a right of retention if and insofar as the counterclaim is based on the same contractual relationship.

27.3 The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants shall be Munich. 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.

27.4 There are no verbal ancillary agreements.

§ 28.Consumer Dispute Settlement Act

STATTAUTO is in principle not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: July 2023

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