Note: We address all genders equally, but have decided to use the masculine form when referring to persons in order to improve readability. We ask for your understanding.
§1 Object
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 Participant’s use of the Car-Sharing Service.
§2 Framework agreement
The Participant Agreement is concluded as a framework agreement under which individual contracts for 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 submits his/her offer to conclude the framework agreement, subject to the GTC currently valid at that time. STATTAUTO can accept this contract offer to the participant by sending a corresponding declaration in text form or reject the conclusion of the contract. The contract of a participant community in accordance with § 3 can be concluded analogously.
§3 Participant community
3.1 Several participants can form a participant community if they have the same residential address. In this case, one participant becomes the main participant with bank details and billing address. All other participants (sub-participants) can book and travel under the customer number of the main participant. The members of a group of participants are jointly and severally liable for all claims arising from services rendered and other justified claims to which STATTAUTO is currently or in the future entitled from or in connection with the participant contract.
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.
Costs are incurred for the nomination of sub-participants in accordance with the currently valid price list. The main participant may deregister authorized passengers at any time without notice and without giving reasons. Each person entitled to travel must be informed of their rights and obligations by the main participant. The main participant and the authorized passenger are jointly and severally liable for all claims of STATTAUTO arising in connection with the use by the authorized passengers.
§4 Driving authorization
Persons who have concluded a participant contract with STATTAUTO are authorized to drive. The participant may also be driven by another person, but undertakes to inspect the valid driver’s license before each journey and to ensure that the driver is fit to drive. In any case, the participant is obliged to check the driving license of the third party and to ensure that he/she is fit to drive. Otherwise, the vehicle may not be left to a third party. STATTAUTO is entitled to demand the costs for the breach of contract from the participant in accordance with the price list if the vehicle is handed over to an unauthorized person. In addition, STATTAUTO may demand compensation for proven damages. If there is no insurance cover, the participant is liable in particular for all costs and damage caused by third parties to whom he/she has made the journey possible.
§5 Notification obligations for contract data
5.1 The participant is obliged to notify STATTAUTO immediately of any changes to the necessary contract data (address, telephone number, name changes). If necessary contract data of the subscriber 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 check
STATTAUTO reserves the right to transmit personal data collected in the context of a contractual relationship regarding the application, execution and termination of a business relationship as well as data on 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 on the basis of Article 6(1)(f) GDPR may only take place insofar as this is necessary to safeguard the legitimate interests of STATTAUTO or third parties and does not outweigh the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. The data exchange with SCHUFA also serves to fulfill legal obligations to carry out creditworthiness checks of participants (§ 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, if applicable, other third countries (insofar as an adequacy decision of the European Commission exists for these) with information, including for assessing the creditworthiness of natural persons. Further information on SCHUFA’s activities can be found in the SCHUFA information sheet in accordance with Art. 14 GDPR (see annex to the data protection declaration) or online at www.schufa.de/datenschutz.
§7 Deposit
Depending on the type of contract, the participant pays a deposit to STATTAUTO at the start 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 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 drive.
8.1 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 permitted to pass on the physical identification cards and the associated PIN to persons who are not authorized to ride.
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 is liable for the loss, non-return or damage of the physical identification card if he/she is at fault in the form of intentional or negligent behavior, unless the participant proves that there is no risk of misuse of the identification card in the event of loss. The loss of the physical identification card must be reported to STATTAUTO immediately.
8.3 If the participant is liable for the loss, non-return or damage of the physical identification card, STATTAUTO is entitled to charge the participant for the cost of the physical identification card in accordance with the currently valid price list. If the participant is liable or has passed on the physical identification card and/or the PIN to unauthorized third parties, he/she 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 made the theft of vehicles possible. The participant reserves the right to prove that no damage or less damage has been caused.
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 existing bookings are not permitted. The participant is only entitled to use a vehicle for the period for which he has booked it (booking period). In any case, the participant 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 begins/ends at the full quarter of an hour. The timing of the booking period is determined by the applicable 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 for Internet and smartphone bookings are examples and may differ from the vehicle provided.
§10 Cancellation/reduction
If a participant is unable to use the booked vehicle, the booking can be canceled. Cancellation of a booking may be subject to cancellation charges in accordance with 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 made available. The participant can then cancel the booking free of charge or rebook to another vehicle class subject to 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 endeavor to extend it. If an extension is not possible due to a subsequent booking and the vehicle is returned later than the time specified in the currently valid price list after the end of the booking period, STATTAUTO will charge the participant – subject to further claims – for delay costs according to the currently valid price list. The participant is at liberty to prove that STATTAUTO has incurred no or less damage. The time of the actual return is decisive for the calculation of the time fee.
§12 Starting the journey, checking the vehicle
12.1 If the participant is unable to commence their booked journey or commences it late for reasons not attributable to them (e.g. delay of the previous user), they will receive a credit note in accordance with the currently valid price list if they report the situation to STATTAUTO immediately and it was not possible to rebook in good time. The person responsible will be charged an amount in accordance with the currently valid price list.
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 his immediate obligation to notify and report to STATTAUTO in accordance with § 12.2, the participant must pay the costs for the breach of contract to STATTAUTO in accordance with the currently valid 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. However, STATTAUTO may 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 driving license with him on every journey. The driving authorization according to § 4. is bound 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 driving license, the driving authorization pursuant to § 4 shall expire immediately.
§14 Use of the vehicles
14.1 The participant must treat 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 permitted. The stations must be treated with care. Any gates or barriers must be closed after passing through.
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 is at liberty to prove that the damage or expense was not incurred or was lower.
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 journey. 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. Failure to comply with the refueling rule may result in costs being charged in accordance with the valid price list. For vehicle classes 1-4 plus, 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 in accordance with the currently valid price list. If the participant has to pay cash for fuel or other costs of the vehicle, 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 costs for the use of toll roads shall be borne by the participant. It is prohibited to use the vehicle for commercial passenger transport, off-road driving, motor sport exercises, testing or other external purposes and/or to make it available to unauthorized third parties. The following are also prohibited: unauthorized repairs or conversions such as the removal of bench seats from rented vehicles; the transport of highly flammable, toxic or otherwise hazardous substances if they significantly exceed normal household quantities; the transport of objects that could impair driving safety or damage the interior due to their size, shape or weight; the removal of objects belonging to the vehicle equipment beyond the end of the rental period; the deactivation of the front passenger airbag without reactivating it at the end of the journey. If a warning light lights up in the dashboard display, the participant is obliged to stop immediately and to contact STATTAUTO by telephone to discuss the extent to which the journey can be continued. At the request of STATTAUTO, the participant must provide the exact location of the rented vehicle at any time and allow the vehicle to be inspected. In the case of electric vehicles, it must be ensured that the battery has sufficient capacity when leaving the station to be able to use the vehicle until the next planned charging point.
§15 Trips abroad
The use of the vehicles is permitted in all countries where insurance cover exists (green card). Driving abroad does 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 and driving license requirements, and releases STATTAUTO from any claims. For journeys to Eastern Europe and outside Europe, STATTAUTO will issue a foreign confirmation upon the participant’s request.
§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 corresponds to fully comprehensive cover including partially comprehensive cover with a deductible. The relevant excess amounts for participants can be found in the current price list. The insurance conditions can be viewed at the office. Cover letter benefits or comparable benefits can be found in the cover letter in the 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 is 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 damage processing in accordance with the price list. The participant is at liberty to prove that no or less damage or expense was incurred. Even 2 damages may result in termination of the contract.
16.3 Each participant has the option of reducing the excess by taking out a security package. The amount of the excess with a security package is based on the currently valid 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 safety package. If the participant breaches an obligation regulated in the AKB and this leads to the insurer being released from its obligation to indemnify, 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 claim, the liability insurance cover lapses completely and the participant’s liability is not limited to an agreed excess. In the event of damage caused by gross negligence, the participant’s liability towards STATTAUTO shall be governed by the provisions of Section 81 (2) VVG. The extent of the participant’s liability is then to be assessed without limitation to an agreed deductible in a proportion corresponding to the severity of the fault within the meaning of § 81 Para. 2 VVG.
§Accidents, damage, theft, destruction and other loss
17.1 Accidents and other damage in connection with the booked vehicle must be reported to STATTAUTO immediately by telephone or in person. Accidents must also 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 details, including date 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 material damage, it was 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 may exceptionally be omitted if only minor paint damage (scratches, etc.) has occurred to the vehicle. In such a case, the participant is obliged to report this damage immediately to STATTAUTO, 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. If the participant fails to comply with his/her obligation to report the damage, he/she shall be liable in accordance with §16.2 or §16.3. If the party responsible for the accident is identified after the deductible has been calculated, a refund will be made.
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.). The express consent of STATTAUTO must be obtained for the continuation of the journey after accidents or significant damage. The participant is obliged to actively assist in the investigation of accidents.
17.5 Even in the event of an accident, the booking will only be terminated after the vehicle has been properly returned and the usage fees will be charged accordingly. If the vehicle is no longer drivable or roadworthy due to the accident, the booking ends after consultation with STATTAUTO when the vehicle is handed over to the towing company.
Furthermore, the participant is obliged to forward an accident report in text form to STATTAUTO immediately in the event of damage 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 to anticipate the settlement of any liability claims by making payments or other actions that acknowledge damage and/or debt (jeopardizing insurance cover).
17.7 In any case, STATTAUTO alone is entitled to choose the repair shop as the owner of the vehicle. Compensation payments in connection with damage to STATTAUTO vehicles are in any case due exclusively to STATTAUTO. If the participant has received such benefits from third parties, he must forward them to STATTAUTO without being asked.
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 exceed 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 the costs for the breach of contract to STATTAUTO in accordance with the price list. The de minimis limit does not include 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 improper load securing.
17.9 STATTAUTO is entitled to take appropriate measures in the event of a conspicuous frequency of damage or misuse. These include in particular Restrictions or exclusion of the booking of a security package, temporary or permanent restriction of use, ordinary or extraordinary termination of the subscriber contract. Further claims remain unaffected.
§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 vehicle shall be deemed to have been returned in proper condition 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 (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 locked and the vehicle key has been safely stored in the designated place. In the case of electric vehicles, the charging cable must also be connected to the charging station and the charging process started. The vehicle key must not be passed on to another participant or to unauthorized third parties. If a vehicle is returned in an orderly manner with significant soiling inside or outside, the party responsible for this circumstance must pay the costs in accordance with the current valid price list or the actual costs incurred.
18.2 If the participant does not fulfill its obligations under 18.1, the participant must pay the costs for the breach of contract to STATTAUTO in accordance with the price list.
§19 Third-party services, cross-utilization
19.1 STATTAUTO may commission third parties with tasks arising from the participant contract. Such tasks may include: booking vehicles, providing vehicles, participant administration, billing the participant’s journeys 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 issued – to debit the participant’s account. Payments to the third party are then made to STATTAUTO with discharging effect for the participant.
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 is subject to the terms and conditions and prices of STATTAUTO. The participant can also use vehicles of other organizations cooperating with STATTAUTO with which automated cross-use is not yet possible. In this case, the interest in cross-use must be registered via STATTAUTO. This cross-use is subject to the terms and conditions and prices of the respective vehicle-issuing organization. The terms and conditions of this organization can be viewed by the participant. The participant indemnifies STATTAUTO against all claims arising from his cross-use with the vehicle-providing organization.
19.3 The participant can make use of cashless services from third parties listed in the manual in their own name and for their own account. The services will be invoiced by STATTAUTO. STATTAUTO assumes no 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 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. The services shall be invoiced in accordance with the prices stated 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 trip reports shall apply to the billing of the trips. The STATTAUTO invoice sent to the participant is due immediately and payable within one week of the invoice date. After default occurs, the participant is liable for processing and reminder costs as well as default interest. The assertion of further damages caused by default remains unaffected by this. STATTAUTO is also entitled to block the participant until full payment has been made. If the participant wishes the invoice to be sent by post, a service fee will be charged in accordance with the valid price list. Digital provision is free of charge. The validity of travel credit 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 using the direct debit procedure (SEPA direct debit
procedure). The participant issues 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) is 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 costs incurred were lower. The participant has the right to prove that no or less damage has been incurred.
21.3 STATTAUTO may assign its claims to third parties at any time (collection service).
§22 Liability of STATTAUTO
STATTAUTO is only liable for damage suffered by the participant or their authorized representative in the course of booking or using the vehicle, outside of the insured owner liability, if the damage was caused intentionally or through 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 breach of contract, the Participant shall be liable in accordance with the statutory liability regulations. The participant’s liability also extends to incidental damage costs such as expert costs, towing costs, reduction in value, higher insurance premiums and loss of rental income. The participant’s liability arising from accidents for damage caused by STATTAUTO is generally limited to the agreed excess. This contractual exemption from liability corresponds to the model of fully comprehensive insurance. In this case, the participant is liable for damages within the scope 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 is entitled to reduce its obligation to indemnify 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 shifting 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 Conditions for Motor Vehicle Insurance, AKB, issued by the Gesamtverband der Deutschen Versicherungswirtschaft e. V. GDV apply to the aforementioned insurances and indemnification. Insofar as STATTAUTO receives payments from insurance companies or third parties with regard to a claim, these payments shall be offset against the participant’s compensation obligations.
23.5 The participant is 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 from STATTAUTO in connection with 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 violated. In the event of a grossly negligent breach of an obligation to be fulfilled by the participant, STATTAUTO is entitled to reduce the amount of the limitation of liability in proportion to the severity of the fault, up to complete suspension. By way of derogation, the agreed deductible per claim shall remain in place if the breach of the obligation is neither the cause of the occurrence of the claim nor the cause of the determination or the extent of the damage suffered 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 does 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 lost property within this period, it will be handed over to the municipal lost and found office. If lost property is returned, the participant undertakes to pay an additional fee in accordance with the price list.
§25 Termination, suspension, termination without notice
Both STATTAUTO and the participant can terminate the contractual relationship in text form at any time and without giving 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 impose an immediate suspension with the consequence that the booking and usage rights are suspended until the suspension is lifted or the participation contract is terminated. Upon request by STATTAUTO, the participant is obliged to return the physical identification cards and other aids to STATTAUTO immediately. STATTAUTO may terminate the contractual relationship without notice for good cause. This applies in particular in the event of a vehicle being used in significant breach of contract or in the event of continued use in breach of contract. In this case, the participant is obliged to return the physical identification cards and other aids to STATTAUTO immediately, even without being requested to do so.
§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 applicable and only if the following conditions are met, by way of fictitious consent. Silence on the part of the participant shall only be deemed as acceptance of the offer of change (fictitious consent) if
and the participant has not rejected the amendment offer before the proposed date of entry into force of the amendments. Furthermore, the fiction of consent only applies 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
STATTAUTO will inform the participant of the consequences of his silence again separately in the amendment offer. If STATTAUTO makes use of the fiction of consent, the participant can also terminate the contract affected by the change without notice and free of charge before the proposed date of entry into force of the change. STATTAUTO will specifically inform the subscriber of this right of termination in the amendment offer. If the subscriber’s consent to the amended GTC is requested and the subscriber does not give it before the announced amendment to the GTC takes effect, STATTAUTO has the right to terminate the user contract 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 (adjustment reservation). The conditions of the adjustment reservation are set out in the respective valid price list. The change to the adjustment reservation does not constitute 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 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 worthy of protection may not be impaired by this.
27.4 Otherwise, data processing and forwarding 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 a right of set-off 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 The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants is Munich. If a participant who is a consumer does not have a general place of jurisdiction in Germany, moves his place of residence abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction for legal action against participants shall be Munich. Otherwise, the statutory places of jurisdiction shall apply. Exclusive places of jurisdiction, e.g. for judicial dunning proceedings, remain unaffected.
28.4 There are no verbal collateral agreements.
§29 Consumer Dispute Resolution Act
STATTAUTO is in principle not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Status: May 2026
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