These General Terms and Conditions (GTC) apply to the contractual relationship between Clyde Mobility Ltd (hereinafter “Clyde”), Alte Steinhauserstrasse 12, 6330 Cham, and the customer (hereinafter “the Customer”).

The GTC shall apply in their currently valid version. Clyde reserves the right to amend these GTC at any time and without stating a reason. Changes and the currently valid GTC can be viewed by all customers on the Clyde website. Clyde shall notify the Customer of upcoming changes in good time. Amendments to these GTC become part of the contract if the Customer does not expressly object to the amended GTC within fourteen (14) days of notification of the amendment. If the Customer rejects the amended GTC, Clyde reserves the right to terminate the contractual relationship without notice.

2.1 Anyone who has reached the age of 20, has a valid driving licence in Switzerland or Liechtenstein and has a fixed residential address (domicile) in Switzerland or Liechtenstein or their company’s registered office in Switzerland or Liechtenstein is entitled to conclude a contract. Clyde does not conclude a contract with a company that has its registered office outside Switzerland or Liechtenstein. Furthermore, the most frequent driver of the vehicle must have a fixed residential address (domicile) in Switzerland or Liechtenstein. Pool vehicles may also be driven by persons who reside outside Switzerland and Liechtenstein. A pool vehicle is always given if no most frequent driver is listed on the vehicle registration document but the vehicle is registered with a location address of a company with its registered office in Switzerland or Liechtenstein.

2.2 Clyde reserves the right to contact the legal entity before entering into a contract with it in order to confirm the right of representation of the company employee.

2.3 In the case of pool vehicles, the Customer must sign an assignment of liability for the driver’s licence check prior to delivery of the vehicle. In this, the Customer confirms that they are liable for the drivers for all car subscription contracts with Clyde from the time of vehicle handover and, in particular, they accept responsibility for ensuring that the drivers have a valid driving licence for the relevant vehicle category that is recognised in Switzerland when they are using the vehicle. The Customer shall also ensure that the drivers are of the minimum age required by Clyde and comply with Clyde’s GTC. To ensure that there is no delay in the delivery of the vehicle to the Customer, it is important that the Customer immediately returns the declaration of assignment of liability to Clyde.

2.4 The Customer may provide the vehicle to a third party either free of charge or via car sharing, and corporate customers may provide it to their employees, provided they also meet the requirements and obligations set out in these GTC. A single journey may be carried out by a third party as long as the latter is 18 years old and has a valid driving licence in Switzerland or Liechtenstein. It is not necessary to be resident in Switzerland or Liechtenstein. In all cases, the Customer is liable as for their own conduct. At Clyde’s request, the Customer must provide the personal details (name, date of birth, address, phone number, email address, driving licence) of the additional drivers.

2.5 The use of the vehicle for driving lessons, as a taxi, at motor sport events, on skid pan training courses (with the exception of the WAB course), for towing or moving other vehicles, or for journeys that require an official permit is not permitted.

2.6 The right to drive covers trips in Switzerland and the Principality of Liechtenstein as well as in Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia, Lithuania, Luxembourg, Malta, Macedonia, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Turkey, the United Kingdom of Great Britain and Northern Ireland.

3.1 Contract term

The Customer and Clyde agree on a minimum term. The minimum term begins on the day the vehicle is handed over to the Customer. Depending on the vehicle, the Customer has up to seven options to choose from for the minimum term when booking: 48, 36, 24, 12, 6, 3 and 1 month(s).

At the end of the respective minimum term, the subscription is automatically extended by one month until it is duly terminated.

The contractual relationship may be terminated by either party with a notice period of ten (10) days to the end of a subscription month (depending on the date of handover of the vehicle), the first time at the end of the respective minimum term. The right to terminate the contract prematurely in accordance with section 14 or another contractual provision between the Customer and Clyde (e.g. General Provisions of Clyde Flat Rate Charging, section 10) is reserved. Returning the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore also not to a pro rata calculation of the cost of the last subscription month.

Clyde reserves the right to change both vehicle-specific and non-vehicle-specific prices and shall communicate this to the Customer in writing. The agreed conditions continue to apply for the minimum duration of the contract or until the next possible termination date.

3.2 Vehicle replacement

If the vehicle is 24 months old or has a total mileage of 40,000 km within the contractual relationship, Clyde reserves the right to exchange the vehicle for an equivalent vehicle. This is subject to a notice period of two months.

The exchange is free of charge for the Customer and takes place following an appropriate period of notice at a time mutually agreed by the parties.

The Customer may not request a different vehicle during the minimum rental period.

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

4.1 Subscription fees and payment deadlines

The contract between Clyde and the Customer shall be concluded upon the timely payment of the first subscription instalment.

The subscription fee for the first subscription month must be paid within five (5) working days of the order confirmation. Unless otherwise agreed, payment is due within ten (10) working days of the invoice date for all subsequent invoices.

Depending on the result of the credit check, Clyde reserves the right to agree different payment deadlines in consultation with the Customer.

The vehicle shall be reserved for the Customer for a period of five (5) days for the payment of the first subscription fee. If Clyde does not receive payment within this period, the vehicle may be released again and the order cancelled.

If the Customer withdraws from the contract before the first monthly instalment has been paid, or if the Customer fails to pay the instalment within the specified period, the Customer shall pay a reservation and administrative fee of CHF 50.

If the Customer withdraws from the contract following completion of the first monthly payment and before the vehicle handover, the Customer incurs a cancellation fee of CHF 500.

The monthly subscription fee includes:

1. Use of the vehicle during the contract term within the scope of the free monthly kilometres selected in the agreed service package (see section 4.2)

2. Summer and winter tyres, incl. their change and storage

3. Motorway vignette(s) in Switzerland for the contract term

4. All registration fees, vehicle taxes and charges

5. Insurance coverage according to section 11

6. All servicing, maintenance and repairs, as long as these have not been caused by use of the vehicle by the Customer in violation of the contract.

All other costs associated with operating and maintaining the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, cleaning costs during the contract term or with regard to the return of the vehicle, toll fees for roads in other countries, etc.

4.2 Mileage packages

If the free kilometres included in the chosen package are exceeded by the Customer, the additional kilometres shall be charged to the Customer at the end of the subscription period. Clyde charges the customer retroactively for the next largest and suitable kilometre bundle that covers their additional kilometres.

If the Customer drives more than 4,000 km per month on average, the Customer shall be charged an additional price of CHF 0.85 per additional kilometre that exceeds 4,000 km per month, regardless of the vehicle.

Any unused kilometres are carried over to the following month during the subscription period, but there shall be no reimbursement for them. It is not possible to transfer the unused kilometres to a new subscription or vehicle.

4.3 Late payment

The following applies to all invoices during the contract term: If no payment has been received five (5) working days after the due date, the Customer shall receive a free payment reminder with an additional payment deadline of ten (10) working days.

If the above payment period also expires, the Customer receives a first notice of late payment, which incurs a cost. If there is no response to this notice of late payment within the payment period of five (5) working days, the Customer receives a second notice of late payment with the threat of termination of the contract and a further payment period of five (5) working days. If this demand is also not met, the Customer shall receive notice of termination of the contract and a request to return the vehicle and pay any outstanding invoices. In this case, Clyde is entitled to assert claims for damages and expressly reserves the right to do so.

4.4 Additional fees

Additional liabilities for operational costs incurred by Clyde include:

1. Address investigation CHF 25

2. 1st notice of late payment CHF 5–30

3. 2nd notice of late payment CHF 10–50

4. Collection: effective external costs of collection

5. Retrieval of the vehicle in the case of breach of contract: retrievals based on the actual retrieval costs incurred but at least CHF 1,000

6. Removal of general heavy soiling CHF 180

7. Removal of heavy soiling of the vehicle by animals CHF 270

8. Removal of heavy soiling of the vehicle by smoking CHF 450

9. Independent expert in the event of a difference of opinion CHF 800

10. Cancellation before the first monthly instalment payment or non-payment of the first instalment within the specified period CHF 50

11. Cancellation after the first monthly instalment payment but before handover of the vehicle CHF 500

12. Failure to appear at the agreed handover and return time and place CHF 180

13. Operating fees (in addition to actual costs) in the event of premature termination of the contract or premature change of the vehicle before expiry of the minimum term: CHF 300

14. Processing of fines CHF 25

4.5 Miscellaneous

All liable payments in connection with the rental contract are in CHF and include statutory VAT. If the rate of VAT changes, the monthly subscription fee and the other fees set out in these GTC shall be adapted accordingly. The same rule applies to all other newly introduced or raised public fees that are relevant to the contractual relationship.

By concluding the contract or accepting these GTC, the Customer authorises Clyde to charge the credit card specified by the Customer for all subscription fees and all other liabilities of the Customer in connection with the subscription contract (such as repair costs, administrative fees, unpaid fines, additional fees/remunerations in accordance with these GTC).

5.1 The vehicle remains the property of the owner throughout the contract term, whether that be Clyde or a lessor from whom Clyde has leased the vehicle. Rights in rem or a right of retention of the vehicle on the part of the Customer for the purpose of asserting claims against Clyde are excluded.

5.2 The vehicle owner is Clyde or another company specified by and associated with Clyde. The Customer is listed as the driver. If the Customer is a legal entity, a company employee is entered as the most frequent driver or, in the case of pool vehicles, a location address is entered.

5.3 Clyde is entitled to

View the vehicle and check its condition in consultation with the Customer

Enter a ban against a change of owner in the vehicle’s documentation

5.4 The Customer must keep the vehicle free of the rights of third parties. They may not sell, rent or pledge it, or transfer it by way of gift or security.

6.1 Clyde shall fill up the vehicle with fuel before handover. In the case of home delivery, the fuel costs for transport from the Clyde vehicle warehouse to the Customer shall be borne by the Customer. The vehicle is cleaned before delivery to the Customer. During transport to the Customer or afterwards, no new cleaning shall take place, meaning that dirt caused by the delivery journey cannot be ruled out.

6.2 The vehicle is handed over to the driver who is registered at the time of booking. The driver must be present in person at the handover and present their driving licence.

6.3 If the Customer does not appear on the agreed handover date without prior notice, Clyde reserves the right to charge an administrative fee of CHF 180.

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

6.5 If the Customer claims that a defect or damage already existed at the point of handover of the vehicle, they carry the burden of proof for this.

7.1 Compliance with laws and regulations

The Customer must fulfil all legal obligations arising out of the operation and maintenance of the vehicle. They must observe all road rules in Switzerland and abroad.

When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as high-visibility vests, in the vehicle.

7.2 Compliance with operational and servicing instructions

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

7.3 Licence plates

The Customer may only drive the vehicle on public roads with the number plates affixed by Clyde. Changing the number plates or attaching them to other vehicles is not permitted.

7.4 Fuel

The Customer must observe the provisions applicable to the vehicle regarding a) the fuels to be used (e.g. petrol, diesel, gas, electricity or other substances), b) lubricants such as motor oil, or c) consumables such as AdBlue. Any damage caused by incorrect refuelling or incorrect addition of lubricants and/or operating materials shall be borne by the Customer.

7.5 Cleanliness of the vehicle, smoking ban

The Customer is responsible for ensuring that nobody smokes in the vehicle and that the vehicle is kept clean.

7.6 Fittings, installations, labelling

Fittings, installations and labelling of the vehicle are at the Customer’s discretion, provided that the value of the vehicle is not compromised and these are justifiable for ethical reasons (particularly in the case of labelling). At Clyde’s discretion, installations and labels may pass into Clyde’s ownership without entitlement to reimbursement or compensation, or the Customer shall be required to have them removed at their own expense to restore the vehicle to its original condition.

7.7 Anti-theft protection

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

7.8 Monetary penalties, fines and third-party claims

Fines, monetary penalties, compensation for expenses and other claims by third parties for violations of traffic regulations and legal infringements committed or for which the Customer (or another driver to whom the Customer has entrusted the vehicle) is responsible, as well as associated costs, must be borne by the Customer. The Customer shall indemnify Clyde as the vehicle owner for any such claims without delay.

7.9 Change of domicile

The Customer must inform Clyde in good time of any planned change of domicile. If the Customer intends to relocate their domicile abroad, both Clyde and the Customer shall be entitled to terminate this contract as of the date of the relocation. In this case, Clyde is entitled to assert claims for damages and expressly reserves the right to do so.

7.10 Customer’s cooperation and information obligations

Insofar as this is necessary or, in Clyde’s opinion, useful for the execution of the contract or compliance with statutory provisions, the Customer shall provide Clyde with all necessary information, e.g. about other users of the vehicle, in particular if they have committed a traffic regulation violation or another legal violation, about the threat of seizure of the vehicle by an authority, etc. Insofar as this is necessary for the execution of the contract or compliance with statutory provisions or if a violation of traffic rules or legal provisions is alleged, Clyde shall also be entitled to forward information and personal data received and made available by the Customer (including of other users of the vehicle) to authorities and private claimants.

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

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

8.2 The Customer shall take the vehicle to be serviced as soon as a service indicator is activated in the vehicle.

8.3 Servicing and maintenance work on the vehicle must be carried out exclusively by the authorised service partners of the manufacturer’s brand. The associated costs are borne by Clyde. Invoices from other providers shall not be paid by Clyde except in the case of breakdowns occurring abroad. Customers are prohibited from carrying out or arranging for repairs or technical modifications on their own initiative.

8.4 In the event of the work listed below on the vehicle lasting more than two hours, Clyde shall offer the Customer a replacement vehicle for the duration of the work so that the Customer does not experience any loss of vehicle due to work in the workshop: warranty work, service and inspection, as well as repair work necessary due to no fault of the Customer. There is no entitlement to replacement mobility for work lasting less than 2 hours or in case of tyre change.

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

9.2 Clyde shall inform the Customer in good time about a required change of winter or summer tyres as a result of seasonal conditions. The Customer shall agree the exact time of the tyre change directly with the tyre partners authorised by Clyde. The removed tyres must be stored at the tyre partner. The tyre partners authorised by Clyde can be viewed at any time at www.clyde.ch/en/partnergarages.

9.3 The seasonal change and storage of winter and summer tyres is free of charge for the Customer. There is no entitlement to replacement mobility during the period of the change.

10.1 In the event of a breakdown, the following numbers must be notified, depending on the make of the vehicle:

Audi, SKODA, SEAT, VW: +41 848 024 365 (Totalmobil)
Porsche: +41 800 724 911
Tesla: +41 618 553 021

Bentley: 00800 4886 4886
Polestar: +41 (0)800 564 519
BMW & Mini: +41 84 485 7575
Mercedes: +41 22 567 53 34

10.2 In the case of an event such as accident, theft, fire, damage caused by collision with a wild animal or any other damage, and in the case that a claim is asserted by a third party, the Customer must inform the police immediately and ensure that a police report is issued. This also applies in the case of at-fault accidents not involving third parties.

10.3 In the event of damage of any kind, the Customer must notify Clyde immediately, but at the latest within two (2) working days, using Clyde’s damage and accident notification form ([email protected]). The Customer must complete the Clyde claim and accident notification form – available on the Clyde website – fully and truthfully. If claims reports are received late, or if the Customer is responsible for delays in the claims process, Clyde reserves the right to charge an appropriate processing fee. In addition, Clyde reserves the right to assert claims against the Customer for financial losses or damages caused directly or indirectly by a delay for which the Customer is responsible or a lack of duty to cooperate.

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

10.5 Vehicle damage (including minor damage such as slight damage to paintwork that can be polished up or the replacement of small components screwed or stuck on to the vehicle), where not covered by comprehensive insurance or falling within the deductible of the comprehensive coverage, as well as the full deductible in the case of damage caused by collision shall be borne by the Customer.

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

10.7 In the event of tyre puncture/damage and rim damage, the Customer must bear all costs incurred in connection with the damage event (in the case of rim damage only up to the amount of the deductible selected for the comprehensive insurance). Costs incurred may, for example, include: replacement of the damaged tyre, additional tyre replacement if necessary (in case of different tyre brands/tyre profiles on one axle), rim repair/replacement, general repair costs, possible axle geometry measurement, etc.  

11.1 The vehicle has for the duration of the contract:

1. A motor vehicle liability insurance

2. Comprehensive insurance in the event of a collision

3. Partial comprehensive insurance

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

The costs of the insurance are included in the price. With the exception of comprehensive insurance (collision), the Customer’s deductible is CHF 0. The Customer can limit his liability in the course of the comprehensive insurance to a deductible. The amount of the deductible must be selected during the online booking and will be calculated according to the rates displayed in the booking process. An adjustment of the deductible during the term of the contract is not possible or only possible in case of a change to another vehicle.

The following deductibles apply to pool vehicles:

1. Motor vehicle liability insurance: CHF 1,000

2. Comprehensive insurance in the event of a collision: CHF 1,500

3. Partial comprehensive coverage: CHF 0

No insurance coverage is provided,

1. if the driver has caused the insured event while drunk or unfit to drive, under the influence of drugs or the abuse of medication;

2. if the theft is due to a grossly negligent act or omission (namely failure to lock the vehicle, leaving the vehicle key in the ignition, failure to activate an existing anti-theft alarm system or immobiliser and the like);

3. if the insured event is due to an excess of speed.

Protection against parking damage as well as extended glass coverage only exist and are only covered by the subscription fee if the Customer has selected the corresponding insurance package (“Insurance Plus”) in the course of booking. In this case, the insurance cover includes the following benefits:

Extends the insurance cover to include damage caused by unknown persons to the parked vehicle. Two (2) cases are insured per calendar year. The deductible for corresponding damage is CHF 0 and the sum insured is unlimited.

Extended glass cover:

Glass breakage on the front and rear windscreens, side windows and sunroof are all covered as standard with partial comprehensive cover. The extended cover additionally covers any parts of the vehicle that are made of glass, plexiglass or similar hard materials (e.g. headlights, auxiliary headlights, fog lights, indicators, reflectors, reversing lights, rear-view mirrors and number plate lights). The deductible for these types of claims is CHF 0.

The extended protection options must be specified when the subscription is booked and cannot be changed during the subscription period.

11.2 In addition to the contract, the relevant General Terms and Conditions as listed below by Allianz Suisse Insurance Company Ltd in their currently valid version shall apply, the provisions of which shall take precedence over these regulations in the event of a conflict. The Customer undertakes to comply with the provisions of the General Terms and Conditions listed below as well as the Supplementary Conditions as if they themselves were the policyholder.

General Terms and Conditions for Vehicle Insurance (Edition 01/2015)

General Terms and Conditions B1 Assistance (Edition 01/2017)

General Terms and Conditions E Gross Negligence (Edition 01/2014)

General Terms and Conditions C Liability Insurance (Edition 01/2012)

General Terms and Conditions G Comprehensive Insurance (Edition 01/2012)

Supplementary Terms and Conditions Extended Glass Cover (Edition 01/2016)

Supplementary Terms and Conditions - Damage to Own Vehicles (Edition 01/2012)

The responsible and legally compliant handling of data is important to Clyde. Clyde collects, stores and processes data required for the fulfilment of legal requirements, the provision, management and further development of the service, the security of operations and infrastructure, the execution of the contract, the handling and maintenance of the relationship with the Customer and invoicing.

In addition to the data protection provisions, which are also a component of the contract, the Customer expressly agrees to Clyde being informed electronically on an ongoing basis about the telemetric data of the vehicle and driving behaviour. This applies in particular to the following data/categories of data:

1. General vehicle data (mileage, fuel level, battery status, vehicle model, mass and weight, etc.)

2. Vehicle error messages (engine faults, DTC codes, etc.)

3. Vehicle data (GPS position of the vehicle, driving behaviour of the Customer or the person driving the vehicle such as speed deviations, sharp curves, abrupt acceleration and braking)

4. Trip data (information on trips made such as start and end points, trip length, time travelled, etc.)

5. Information on telemetry hardware from autoSense Ltd (IMEI, serial number, hardware version, signal strength, etc.) or other third-party providers of vehicle telemetry solutions

For this purpose, Clyde attaches a hardware adaptor to the vehicle that allows the corresponding data to be read. This adaptor must not be removed, nor must any changes be made to the telemetry measurement that would interfere with the reading of data.

The Customer acknowledges and agrees that Clyde may at any time take precautions and measures (e.g. to ensure grid stability) that may influence the charging behaviour of electrically and partial electrically powered vehicles (BEV, HEV, PHEV, FCEV, etc.).

The Customer acknowledges and expressly agrees to the collection, storage and processing of personal data and other data about the Customer and the vehicle connected to the service by Clyde and any third parties involved for the aforementioned purposes or in connection with them.

13.1 Clyde shall only incur liability for any losses arising for the Customer out of or in relation to the contract in the event of wilful misconduct or gross negligence.

13.2 Restriction of the use of the vehicle as a result of servicing or repairs shall not entitle the Customer to a reduction of the subscription fee or other compensation.

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

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

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

1. Payment default of more than 30 days

2. Filing for private bankruptcy or insolvency

3. Serious breach of traffic regulations and driving in an unfit state

4. Revocation of their driving licence

5. Use of the vehicle not in accordance with the contract

6. Removal of the adapter recording telemetric data

7. Breach of special obligations of the Customer

8. Failure to cooperate in case of damage

9. Breach of money laundering regulations or other statutory regulations that could entail a risk to Clyde’s reputation

15.1 At the end of the contract term or in the event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank and in an undamaged, clean, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. Clyde and the Customer shall agree on a date and time for the return of the vehicle. Clyde collects the vehicle directly from the Customer on a date agreed with the Customer.

15.2 If the Customer does not appear at the agreed return time and place without prior notice, Clyde reserves the right to charge an administrative fee of CHF 180.

15.3 Upon return, a return protocol on the condition of the vehicle shall be drawn up in the presence of the Customer or their representative, which shall record the return of the vehicle including related components and documents as well as detectable damage. If the Customer fails to be present in person at the return, the return protocol shall be deemed to have been approved without the Customer’s signature.

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

15.5 Signs of normal wear such as small stone chips, or scratches around the tank cap, door handles and boot lid handles, do not count as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damages.

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

16.1 Changes or additions to the contract as well as legal declarations of intent such as terminations or notices of defects must be made in writing to be effective, i.e. they must be sent by letter or email.

16.2 In the case of contradictions between the contract and the enclosures, the provisions of the contract take precedence.

16.3 Any General Terms and Conditions on the part of the Customer have no validity, even if they are not expressly refuted in individual cases.

16.4 The Customer may only transfer rights and obligations under this contract to third parties with the written consent of Clyde. Clyde may transfer the contract to third parties without the consent of the Customer.

16.5 Should any provisions of these GTC be or become invalid in part or whole, or should they contain a loophole, the validity of the remaining provisions is not affected. In place of the invalid provision, a valid provision shall be deemed agreed that comes closest to the intention of the invalid provision.

16.6 If the male form is used in this document or in any other documents belonging to the contract in order to simplify the language, this is always considered to include the female form.

17.1 This contract, including its appendices, is subject to Swiss substantive law.

17.2 The place of jurisdiction for all disputes arising from this contract is Cham (canton of Zug). However, Clyde reserves the right to take legal action at the registered office of the Customer. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.

No verbal collateral agreements exist.

These General Terms and Conditions (‘GTC’) for the ‘Clyde Energy Benefit’ shall apply in addition to Clyde’s General Terms and Conditions if the customer has taken out a Clyde subscription for a battery electric vehicle (BEV) on or after 26 May 2023.

All customers who have taken out a valid Clyde subscription with a battery electric vehicle (BEV) on or after 26 May 2023 are entitled to use the ‘Clyde Energy Benefit’. Subscribers with a hybrid or plug-in hybrid electric vehicle (PHEV) are not entitled to use the ‘Clyde Energy Benefit’. Existing Clyde Flat Rate Charging customers (General Terms and Conditions of Clyde Flat Rate Charging, version dated 1 February 2022) will not be automatically switched to the ‘Clyde Energy Benefit’ or automatically transferred to the ‘Clyde Energy Benefit’ General Terms and Conditions (version dated 26 May 2023).

The ‘Clyde Energy Benefit’ must be used with regard to public charging in the partner network via the application for mobile devices provided by Clyde and Clyde’s respective service partner for charging solutions (hereinafter ‘service partner’) or via the charging card provided by Clyde and the service partner.

Clyde reserves the right to change the service partner at any time, as long as this does not significantly impair the scope of services of the ‘Clyde Energy Benefit’ vis-à-vis the customer. The customer must be notified in advance by e-mail of a change of service partner. The new service partner shall be deemed to have been accepted unless the customer objects within 14 calendar days. In the event of an objection, Clyde reserves the right to terminate the contractual relationship without notice.

In order to claim the ‘Clyde Energy Benefit’, Clyde must transmit the necessary personal data of the customer to the respective service partner after concluding an eligible subscription contract for the ‘Clyde Energy Benefit’ so that the service partner can create an account for the customer (hereinafter ‘service partner account’). By accepting these GTC, the customer expressly consents to the transfer of their personal data to the service partner.

Should the customer not wish their personal data to be transferred to the service partner, the customer must inform Clyde Customer Service thereof in writing either before or immediately after booking the Clyde subscription (within 24 hours). As a result of the objection, the customer is excluded from claiming the ‘Clyde Energy Benefit’. No discount is granted in connection with the objection. It cannot be guaranteed as a matter of course that the customer will be able to change their mind at a later stage, and any request to do so must be examined in consultation with Clyde Customer Service.

The Clyde Privacy Policy shall also apply.

After the service partner has set up the service partner account, the customer shall receive an e-mail sent to the e-mail address provided during the Clyde booking process. This e-mail invites the customer to activate their service partner account by setting a personal password.

To be eligible for the ‘Clyde Energy Benefit’, the customer must activate the login data provided by the service partner and Clyde by setting a personal password and accepting the service partner’s terms of use.

The customer hereby agrees that the service partner may forward data to Clyde as part of providing the service and the ‘Clyde Energy Benefit’. This data relates to the customer’s charging behaviour and charging processes and is generated when the customer uses the service partner’s software. Clyde may collect, store, process, use and forward this data to third parties in accordance with the applicable data protection laws, as long as this is done to fulfil its contractual obligations towards the customer and to maintain, develop and maintain the ‘Clyde Energy Benefit’. Clyde shall take any action commensurate with the state of the art in order to ensure the confidential status of personal data and to protect data against unauthorised access.

Within 14 calendar days of the activation of the service partner account, the customer shall also receive a charging card associated with their service partner account at the address indicated during the course of the Clyde booking process.

The functional scope of the service partner’s services is determined by the service partner’s respective terms of use.

Adjustments to the service partner’s range of services, e.g., available charging stations, may be made at any time without prior notice.

The customer is entitled to use the ‘Clyde Energy Benefit’ during the valid subscription period. It is not permitted to use the ‘Clyde Energy Benefit’ either before or after the valid subscription period.

Access to the ‘Clyde Energy Benefit’ is automatically deactivated at the end of the subscription period. To do so, the service partner deactivates the user profile. The associated charging card shall also be deactivated upon expiry of the subscription.

Billing of a public charging process via the ‘Clyde Energy Benefit’ requires the charging process to be started either via the user profile in the service partner’s app provided by Clyde in cooperation with the service partner or via the associated charging card.

With regard to public charging, the ‘Clyde Energy Benefit’ refers exclusively to all publicly available charging stations belonging to the service partner, i.e., those accessible to the general public. Charging points added to the charging network privately are not covered by the ‘Clyde Energy Benefit’ range of services, even if they are made available through individual arrangements between the service partner and the customer via the service partner’s app or the associated charging card. The customer may not carry out any charging processes in their own name on the basis of these terms of use. If the customer charges in their own name and for their own account, Clyde shall not reimburse any amounts paid by the customer for charging in their own name (with the exception of costs for privately charged electricity in accordance with section 07 of these GTC).

The customer is responsible for ensuring prior to the start of any charging process that the charging station will allow the charging process to be booked via the service partner’s app or the associated charging card and that the customer is using the account intended for the usage of the ‘Clyde Energy Benefit’. Clyde does not guarantee that certain charging stations are covered by the ‘Clyde Energy Benefit’.

The customer may only use the ‘Clyde Energy Benefit’ for the vehicle covered by the Clyde subscription. Any usage for trade or commercial purposes as well as any usage for other private or business vehicles is prohibited.

It is not permitted to charge external batteries or other electrical devices or means of transport using the ‘Clyde Energy Benefit’.

The ‘Clyde Energy Benefit’ is based on the purchase of charging power within a usual level of charging. Clyde defines the usual level of charging as the purchase of charging power in kWh per month based on the following calculation (hereinafter ‘usual level of charging’): booked monthly mileage package / 100 * average consumption of kWh per 100 km according to the manufacturer. It is not permitted to use the tariff for unusual levels of charging. An unusual level of charging occurs if the amount of energy charged each month repeatedly exceeds the usual level of charging (i.e., in two or more consecutive months).

The customer is obliged to refrain from exceeding the parking time at the charging station when charging, as stated in the charging station operator’s terms of use and in the road traffic rules applicable at the relevant location. The customer is also obliged to vacate the parking area promptly after completing a charging process. Any towing or recovery costs incurred as well as any parking costs and fines for exceeding the parking time must be borne by the customer.

An uninterrupted connection to a public AC charging station must not under any circumstances exceed a period of six (6) hours, and an uninterrupted connection to a public DC charging station a period of two (2) hours.

The customer shall indemnify Clyde in respect of all costs and losses arising as a result of a culpable breach by the customer of these Terms and Conditions. The foregoing shall be without prejudice to any other claims of Clyde.

In the event of any unlawful or repeated breach of these Terms and Conditions, Clyde reserves the right to pass on to the customer any costs arising in addition to liquidated damages of CHF 500.00.

Customers who charge their vehicle covered by the Clyde subscription outside of the partner network covered by the ‘Clyde Energy Benefit’, or who charge less than the usual level of charging in accordance with to section 06 of these GTC, for example due to economical driving or not fully using the booked mileage package, will receive a retroactive credit from Clyde in the form of a voucher in accordance with section 07.

As Clyde does not know exactly how much electricity a customer draws outside of the partner network covered by the Clyde Energy Benefit, the electricity drawn outside of the partner network covered by the Clyde Energy Benefit or less than the usual level of charging is calculated according to the following formula, and the value calculated in this way serves as the basis for a credit:

(booked monthly mileage package / 100 * average consumption of kWh per 100 km according to manufacturer) – electricity charged in kWh in the month in question via the partner network covered by the ‘Clyde Energy Benefit’ = electricity charged outside the partner network covered by the ‘Clyde Energy Benefit’ in the month in question or the electricity drawn less than the usual level of charging (hereinafter ‘Benefit kWh’).

If the amount of electricity publicly charged in a month that has been charged via the partner network covered by the ‘Clyde Energy Benefit’ exceeds the usual level of charging calculated on the basis of the subscribed vehicle and mileage package (i.e., if there is a negative number of Benefit kWh), the customer will not be credited.

The credit is calculated on the basis of a calendar month. If a subscription starts or ends during a calendar month, or if a customer changes the mileage package used for the calculation during the calendar month, the calculation is based on the pro-rata principle. The actual number of days in the calendar month in question is used as the basis for the pro-rata calculation.

The credit is calculated retrospectively and may take up to 15 calendar days after the end of a calendar month. Each positive Benefit kWh is allocated a CHF value determined by Clyde.

The total CHF value of the total positive Benefit kWh for a month (hereinafter ‘voucher amount’) is rounded using mathematical calculation rules, whereby only whole numbers without decimal places are taken into account. Due to mathematical rounding, the minimum voucher amount eligible for credit is CHF 1. The customer is not entitled to compensation in any form whatsoever that exceeds the voucher amount calculated in accordance with section 07.

If a customer has several subscriptions that are entitled to participate in the benefit programme in accordance with section 07,  the positive Benefit kWh of all the customer’s eligible subscriptions shall be combined. The total voucher amount resulting from the cumulative positive Benefit kWh is distributed proportionally across all of the customer’s eligible subscriptions as the ratio between the usual level of charging of each of their eligible subscriptions and the cumulative usual level of charging of all their eligible subscriptions.

The voucher amount is made available to the customer in the form of virtual voucher codes (hereinafter ‘voucher’) in MyClyde. A maximum of one voucher is issued per calendar month and subscription. Once issued, a voucher is valid for six months. The expiry date of each voucher can be consulted in MyClyde at any time. Clyde reserves the right to correct or cancel incorrectly issued vouchers even after they have been created and notified to the customer, provided they have not yet been redeemed by the customer.

The customer will be notified by e-mail when a new voucher has been received in MyClyde. If the customer does not receive a voucher for a calendar month due to their driving or charging behaviour, no notification is provided.

With MyClyde, the customer can at any time redeem vouchers that have not yet been redeemed to credit the next possible monthly subscription invoice. A voucher can only be redeemed during the subscription period for the subscription for which the voucher was issued. The voucher may not be passed on or made available to third parties. Offsetting against other invoice types, such as invoices for traffic violations, additional mileage or damage, is not possible. Several vouchers may be credited to the same monthly subscription invoice at the same time, as long as the total amount of the vouchers to be redeemed does not exceed the invoice amount. If a voucher exceeds the total invoiced in whole or in part, the voucher will not be partially offset against the monthly subscription invoice. Instead, the voucher will be reserved for use in the next possible monthly subscription invoice. If several vouchers with different expiry dates are redeemed at the same time, the voucher with the next expiry date will be credited first. The status of a voucher can be consulted online in MyClyde at any time.

If a voucher is not redeemed before or on the expiry date, it will expire. The vouchers are not automatically credited. Payment of vouchers or the voucher amount in cash or any other form or credit against invoices that have already been issued is generally excluded.

If the customer has any issued or unredeemed vouchers on the last day of the subscription, all of these vouchers shall expire, and a new voucher code shall be issued for the total amount of the vouchers expired (hereinafter ‘voucher code’). The voucher code is sent to the customer via e-mail and via MyClyde. The voucher code is valid for six months from the date of issue. The voucher code can only be redeemed in the field provided in the online booking process on clyde.ch to book a new Clyde subscription for a battery electric vehicle (BEV). In the event of a vehicle replacement, the customer will have the option of crediting issued and unredeemed vouchers against the new booking of an electric car subscription via Clyde Customer Service. To this end, the customer must inform Clyde Customer Service as part of the vehicle replacement before the final confirmation of the replacement. The vouchers cannot be credited subsequently. If the credit check of the person making the booking is negative, the booking will be cancelled. The voucher code remains valid during the specified period. The voucher code may be shared with third parties. The sale of voucher codes or the sharing of voucher codes on coupon websites or other public forums is generally prohibited. Voucher codes may not be paid out in cash or in any other form, nor may they be credited to orders already placed or current subscriptions. If the monthly subscription rate is less than the value of the voucher code at the time of booking, the remaining amount of the voucher code will be forfeited.

If a subscription ends during a calendar month, the pro-rata voucher amount for the last part of the calendar month is only calculated after the end of the calendar month in which the subscription ended. If there is a voucher amount (i.e., if there is a positive number of Benefit kWh), it is reimbursed separately in the form of a voucher code.

In the event of the theft or loss of the charging card or the online login data, the customer must contact Clyde Customer Service without delay and arrange for access to be blocked. Clyde shall not bear liability for any costs arising as a result if the customer fails to comply with this duty of notification in good time.

In the event of a significant and/or repeated breach of these GTC or the service partner’s charging conditions, Clyde reserves the right to temporarily or permanently block the customer’s access to the ‘Clyde Energy Benefit’. The foregoing shall be without prejudice to any other claims of Clyde.

In the event of temporary or permanent blocking, the customer shall not be entitled to use the ‘Clyde Energy Benefit’ and, in turn, not entitled either to charging costs to be covered by Clyde.

Moreover, Clyde reserves the right to terminate the subscription contract immediately if ‘Clyde Energy Benefit’ is used in breach of contract. In addition to the cases specified in these GTC, non-contractual use includes an unusual level of charging within the meaning of section 06 of these GTC.

Clyde does not provide any warranty that the charging card and the service partner’s app and the services offered within it will operate flawlessly at all times.

Clyde shall only incur liability for any losses arising for the customer out of or in relation to usage of the ‘Clyde Energy Benefit’ in the event of wilful misconduct or gross negligence. In all other respects, Clyde’s liability is excluded to the maximum extent permitted by law; in particular, to the extent permitted by law, Clyde shall not be liable for minor and medium negligence, indirect damages, consequential damages, third-party damages and other consequential losses, loss of profit, pure financial losses, missed opportunities, business interruptions or unrealised savings, and any actions or omissions by auxiliary persons.

Clyde may amend these GTC at any time in order to continuously improve the ‘Clyde Energy Benefit’ and to constantly fine-tune functions and security, as well as for other reasons. The customer shall be notified in advance by e-mail of any amendments to these GTC. The respective amendments or the new GTC shall be deemed to have been accepted unless the customer rejects them within 14 calendar days. In the event of rejection, Clyde reserves the right to terminate the contractual relationship without notice.

The ‘Clyde Energy Benefit’ is a pilot project. Clyde therefore reserves the right to discontinue the ‘Clyde Energy Benefit’ in whole or in part at any time and consequently to terminate the Clyde subscription at any time with a notice period of one month. Notwithstanding the other provisions of these GTC, Clyde has the right to discontinue the benefit programme in accordance with section 07 of these GTC in whole or in part at any time or to change it at its own discretion; if the benefit programme is discontinued, all vouchers and final vouchers and voucher amounts that have not yet been redeemed shall expire without compensation.

These GTC are governed by Swiss law.

The place of jurisdiction for all disputes arising under these GTC shall be the registered office of Clyde in Cham. However, Clyde reserves the right to take legal action at the customer’s registered office. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.

The invalidity of any provision within these GTC does not affect the validity of the remaining provisions. In such an eventuality, each party may request that the invalid provision be replaced by a provision that most closely achieves the economic purpose pursued by the invalid provision.