13th August 2021
These General Terms and Conditions (GTCs) apply to the contractual relationship between AMAG Import Ltd, Innovation & Venture LAB, "Clyde" (hereinafter referred to as Clyde), Alte Steinhauserstrasse 12, 6330 Cham, and the customer (hereinafter referred to as the Customer)
2.1 Those who have reached the age of 20, have a driving licence valid in Switzerland or Liechtenstein and have a fixed residential address in Switzerland or Liechtenstein, or have their company’s registered office in Switzerland or Liechtenstein, are eligible to conclude a contract. In addition, the most frequent driver and, in cases involving pool vehicles, the individual driver of the vehicle, must have a fixed residential address in Switzerland or Liechtenstein. A pool vehicle is always given, if no frequent driver is registered in the vehicle document, but the vehicle is redeemed on a company. If the company headquarters is outside Switzerland or Liechtenstein, an agreement can be concluded as long as the location of the vehicle is in Switzerland or Liechtenstein and the driver has a permanent address in Switzerland or Liechtenstein.
2.2 Clyde reserves the right, before concluding a contract with legal entities, to contact the legal entity to obtain confirmation that the company employee has representative authority.
2.3 The Customer may entrust the vehicle to third parties at no additional cost or as part of a car sharing arrangement, and corporate customers may entrust the vehicle to their employees, as long as they also fulfill the requirements and obligations stated in these GTCs. A single trip can be done by a third party as long as the person is 18 years old and holds a driver‘s license valid in Switzerland or Liechtenstein. In this special case residence in Switzerland or Liechtenstein is not necessary. In all cases, the Customer is liable as for its own conduct. Upon Clyde‘s request, the Customer shall disclose the personal data (name, date of birth, address, telephone number, e- mail address, driving license) of other Drivers.
2.4 The use of the vehicle for giving driving lessons, as a taxi, at motor sport events, on skidpan training courses (except WAB courses), for towing or transporting other vehicles, or for journeys requiring an official permit, is not permitted.
2.5 Authorisation for driving extends to journeys in Switzerland and in the Principality of Liechtenstein, in the countries of Europe, in the countries bordering the Mediterranean, and Mediterrane- an island states. Insurance coverage does not apply in the following states and therefore driving in these countries is prohibited: Egypt, Algeria, Armenia, Azerbaijan, Georgia, Kazakhstan, Lebanon, Libya, Moldavia, Russia, Syria, Ukraine and Belarus.
The predominant place of usage must be in Switzerland or Liechtenstein.
3.1 Contract period
The Customer and Clyde agree on a minimum term. The minimum term begins on the day of deli- very of the vehicle to the Customer. The Customer has four options to choose from for the mini- mum term when booking: 12, 6, 3 and 1 month(s).
After expiry of the respective minimum term, the subscription is automatically extended by one month until proper cancellation.
The contract may be terminated by either party giving ten (10) days‘ notice to the end of a subscription month (depending on the date of handover of the car), for the first time upon expiry of the respective minimum term. The right is reserved to terminate the contract prematurely in accordance with section 14. A return of the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore does not lead to a pro rata calculation of the last subscription month.
Clyde reserves the right to change both vehicle-specific and non-vehicle-specific prices and shall communicate this to Customers 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 exchange
If the age of the vehicle exceeds 24 months or the total mileage exceeds 40,000 kilometres within the contractualrelationship, Clyde reserves the right to exchange the car for an equivalent vehicle. This is subject to a notice period of two months.
The exchange incurs no additional costs for the Customer and takes place following an appropriate period of notice at a time mutually agreed by the parties.
It is not possible to change vehicles at the Customer’s request within the minimum term.
If the Customer changes the vehicle after the end of the minimum term, a new minimum term begins for the new vehicle. It is not possible to offset the contract period of the previous vehicle against the new minimum period for the new vehicle.
4.1 Subscription fee and payment deadlines
The contract between Clyde and the Customer is concluded by the timely payment of the first subscription installment.
The subscription fee for the first subscription month must be paid within five (5) working days of the order confirmation. For all further invoices, the period allowed for payment is ten (10) working days from the invoice date, if not otherwise agreed.
Depending on the results of the credit check, Clyde reserves the right to agree different payment terms in consultation with the Customer.
During the five (5) day period for payment of the first subscription fee, the vehicle will be reserved for the Customer. If Clyde does not receive a payment within this period, the vehicle is released again and the order is cancelled.
If the Customer withdraws from the contract before the first monthly instalment has been paid or if the Customer does not pay the instalment within the specified period, the Customer must pay a reservation and handling 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:
the use of the vehicle during the contract period within the scope of the kilometres included in the agreed monthly package (see section 4.2);
summer and winter tyres including the change and storage of them;
Swiss motorway vignette(s) for the contract period;
all registration fees, vehicle taxes and charges;
insurance in accordance with section 11;
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 keeping the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, cleaning costs during the contract period or with regard to the return of the vehicle, toll fees for roads in other countries, etc. In addition, the customer will need to pay for additional costs such as AdBlue, screen wash and engine oil, if they require a refill before the scheduled maintenance date.
4.2 Mileage packages
If the kilometres included in the chosen package are exceeded by the Customer, the additional kilometres are charged to the Customer at the end of the subscription period. Clyde will retroactively charge the Customer the next larger and appropriate mileage package to cover the additional mileage.
If the Customer drives more than 4,000 km per month on average, the Customer will be charged an additional price of CHF 0.85 per additional kilometre above the 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 will be no reimbursement for them. It is not possible to transfer the unused kilometres to a new subscription or vehicle.
4.3 Default of payment
For all invoices during the contract period applies: If no payment has been received five (5) working days after it is due, the Customer receives a free payment reminder with another payment period 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 there is no response to this request either, the Customer receives notice of the termination of the contract and is requested to return the vehicle and pay all 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:
Address investigation CHF 25;
Reminder CHF 30;
Collection of fees CHF 50, plus effective external costs of collection
Retrieval of vehicle in the case of contract violations: Costs related to effective external costs of retrieval, but at least CHF 1000;
Removal of general heavy soiling CHF 180;
Removal of heavy soiling of the vehicle caused by animals CHF 270;
Removal of heavy soiling of the vehicle caused by smoking CHF 450;
Independent expert in the case of difference of opinion CHF 800;
Cancellation before the first monthly installment is paid or non-payment of the first installment within the specified period CHF 50;
Cancellation after the first monthly installment before taking over the vehicle CHF 500;
Failure to appear at the agreed time and place of handover and return CHF 180;
All payments owed in connection with the 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 GTCs will be adapted accordingly. The same rule applies to all other newly introduced or raised public fees relevant to the contractual relationship.
5.1 The vehicle remains the property of the owner throughout the duration of the contract, 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. The Customer is listed as the driver. If the Customer is a legal entity, a company employee is listed as the most frequent driver or, in cases involving car pool vehicles, a location address is listed.
5.3 Clyde has the right a. to view the vehicle and check its condition in consultation with the Customer; b. to 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. The Customer must not sell, rent or pledge it, or transfer it by way of gift or security.
6.1 Clyde will fill up the vehicle before handing it over. In the case of home delivery, the fuel costs for the transfer from the Clyde vehicle depot to the Customer are at the Customer’s expense. The vehicle is cleaned before delivered to the customer. During the transport or afterwards no additional cleaning of the vehicle takes place, so that soiling related to the delivery process cannot be excluded.
6.2 The vehicle is handed over to the driver who is registered at the time of booking. The driver must be personally present at the handover and identify himself or herself with his or her driving licence.
6.3 If the Customer does not appear at the agreed time of delivery without prior notice, Clyde reserves the right to charge a service charge of CHF 180.
6.4 In the case of serious defects or discrepancies between the vehicle ordered and that delivered, the handover must be refused by the Customer. A handover protocol to be signed by both parties is issued at the handover. The Customer must check the vehicle at the handover and document any defects in the handover protocol.
6.5 If the Customer claims that a defect or damage has occurred 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 fulfill all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad.
When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as safety vests, etc., in the vehicle.
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 forbidden.
7.3 Number plates
The Customer may drive the vehicle on public roads only with the number plates affixed by Clyde. Changing the number plates or attaching them to other vehicles is not permitted.
The Customer must observe the provisions applicable to the vehicle regarding a) fuels to be used (e.g. petrol, diesel, gas, electricity or other possibilities for powering a vehicle, b) fluids such as engine oil or c) operating fluids such as AdBlue. Any damage caused by incorrect refueling or the incorrect addition of fluids and/or operating fluids shall be borne by the customer.
7.5 Cleanliness of the vehicle, smoking ban
The Customer is responsible for ensuring that there is no smoking within the vehicle and the vehicle is kept clean.
7.6 Fittings, installations, labels
Fittings, installations and labels may be added to the vehicle by the Customer as long as its value is not compromised as a result and fittings, installations and labels are justifiable for ethical reasons. At Clyde’s option, installations and labels may pass into Clyde’s ownership without entitlement to reimbursement or compensation, or the Customer will be required to have them removed at their own cost to restore the vehicle to its original condition.
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.
Monetary penalties and fines
Fines and monetary penalties owed by the Customer for breaches of traffic regulations must be borne by the Customer, along with any corresponding legal costs. The Customer shall indemnify Clyde as 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 move his domicile abroad, Clyde and the Customer have the right to terminate this contract as of the date of relocation. In this case Clyde is entitled to assert claims for damages and expressly reserves the right to do so.
7.10 Obligation of the Customer to cooperate and provide information
To the extent required for processing the contract or complying with legal regulations, the Customer shall provide Clyde with all required information, e.g. about other users of the vehicle, especially if they have violated a traffic regulation, about the threat of seizure of the vehicle by a public authority, etc. Clyde has the right to pass on this information, including personal data, to the relevant authorities.
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 check the levels of oil and water and the tyre pressure regularly. 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 will not be paid by Clyde except in the case of breakdowns occurring abroad. Customers carrying out or arranging for repairs or technical modifications on their own initiative is prohibited.
8.4 In the event of the vehicle repair work listed below lasting more than two hours, Clyde will provide the Customer with a replacement vehicle for the duration of the repair work so that the Customer is not without a vehicle as a result of the repair work: warranty work, service and inspection as well as in the event of a need for repair through no fault of your own. There is no entitlement to replacement mobility for workshop work of less than two hours or for tyre changes.
9.1 Clyde ensures that the vehicle has the correct tyres and 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 exact date of the tyre change should be arranged by the Customer directly with the tyre partners authorised by Clyde. The dismantled tyres must be stored at the tyre partner. A list of the tyre partners authorised by Clyde can be consulted at any time at www.clyde.ch/en/tyre-partner.
9.3 The seasonally required change and storage of winter or summer tyres is free of charge for the Customer. There is no entitlement to replacement mobility for the period of the tyre change.
10.1 In the event of a breakdown, the following numbers must be notified depending on the make of vehicle:
Audi, SKODA, SEAT, VW: +41 848 024 365 (Totalmobil)
Porsche: +41 800 724 911
Tesla: +41 618 553 021
Bentley: 00800 4886 4886
10.2 In the case of an event such as a car accident, theft, loss, 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 a police report is issued. This also applies in the case of at-fault accidents not involving a third party.
10.3 In the case of damage of any kind, the Customer must inform Clyde within five working days using the insurance claims form ([email protected]). The Customer must complete the insurance claims form truthfully and in full. If claims reports are received late, or if the Customer is responsible for delays in the claims process, Clyde reserves the right to charge an appropriate processing fee. Clyde also reserves the right to claw back any financial losses caused either directly or indirectly by a delay for which the Customer is responsible, or a breach of the Customer’s obligation to cooperate, from the Customer.
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 damage.
10.5 Vehicle damage (including minor damage, e.g. minor 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 excess of the fully comprehensive coverage, as well as the full excess in the case of damage caused by collision, will be borne by the Customer.
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.
11.1 For the duration of the contract, the vehicle has
a motor vehicle liability insurance;
a fully comprehensive insurance in the event of a collision;
a partially comprehensive insurance;
protection against gross negligence (waiver of the statutory right of recourse or right of reduction);
The insurance costs as mentioned above are included in the subscription fee. The Customer‘s deductible, with the exception of the fully comprehensive insurance (collision), is CHF 0. The Customer can limit his liability in the course of the fully comprehensive insurance to a maximum deductible. The amount of the deductible is to be chosen during the online booking and will be calculated according to the rates displayed in the booking process. An adjustment of the deductible during the Customer. There is no entitlement to replacement mobility for the period of the tyre change.
Deductibles for users of pool vehicles:
Third-party insurance: CHF 1‘000;
Fully comprehensive insurance (collision): CHF 1‘500;
Partially comprehensive insurance: CHF 0;
No insurance cover is provided,
if the driver caused the insured event while drunk or incapable of driving, under the influence of drugs or medication abuse;
if the theft is due to a grossly negligent act or omission (namely, not locking the vehicle, leaving the ignition key in the ignition, not activating an existing anti-theft alarm system or immobilizer, and the like);
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“) during the booking process. In this case, the insurance coverage includes the following services:
Extends the insurance coverage to damage caused by unknown persons to the parked vehicle. Two (2) cases are included per calendar year. The deductible for corresponding damage is CHF 0 and the sum insured is unlimited.
Extended glass coverage:
In the partially comprehensive insurance the glass breakage of the front, rear and side windows as well as the glass roof is insured as standard. Extended coverage additionally insures all vehicle parts made of glass, Plexiglas or similar hard materials (e.g. headlights, auxiliary headlights, fog lights, turn signal lenses, reflectors, reversing lamps, rearview mirrors and license plate lighting). The deductible for corresponding damage is CHF 0.
The extended protection options must be selected during booking process of the subscription and cannot be changed during the subscription usage.
11.2 In addition to the contract, the relevant General Terms and Conditions of Insurance („AB Allianz“) apply in the respective current version available online, and the provisions contained therein will take precedence over these regulations in case of a conflict. Customers agree to comply with the provisions of the GTCIs as if they themselves were the policyholders.
In addition to the data protection provisions that are also a component of this contract, the Customer agrees that Clyde will be informed electronically and on an ongoing basis, as part of the autocontract period is not possible or only in case of a change to another vehicle.
For this purpose, an adapter has been fitted in the vehicle allowing the corresponding data to be read. This adapter must not be removed.
13.1 Only in cases of intent or gross negligence is Clyde liable for damage suffered by the Customer from, or in connection with, the contractual relationship.
13.2 Restrictions to the usability of the vehicle as a result of servicing or repairs do not entitle the Customer to a reduction in 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 essential contractual breaches by the Customer include in particular:
Payment default of more than 30 days
Filing for bankruptcy or insolvency
Serious breach of traffic regulations and driving in an unfit state
Revocation of driving license
Use of the vehicle not in accordance with the contract
Removal of the adapter recording telemetric data
Breach of particular customer obligations
Failure to cooperate in cases of damage
Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of Clyde.
15.1 At the end of the contract period or in the case of a premature termination of the agreement, the vehicle must be returned by the Customer with a full tank, in an undamaged, cleaned, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. Clyde and the Customer agree on a date and time for the return of the vehicle. The vehicle is picked up by Clyde directly from the customer on an appointment agreed with the customer.
15.2 If the Customer does not appear at the agreed time and place of return without prior notice, Clyde reserves the right to charge an administrative fee of CHF 180.
15.3 On return, a return protocol on the condition of the vehicle will be issued in the presence of the Customer or their representative, recording the return of the vehicle including corresponding components and documents as well as any identifiable damage. Should the Customer refrain from being present in person at the return, the return protocol shall be deemed accepted without the Customer’s signature.
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 this contract.
15.5 Normal signs of use such as small stone chips, or scratches around the tank cap, door handles and boot lid handles, shall not be deemed as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damage.
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 Custo- mer where the vehicle is located for the purpose of retrieving the vehicle.
15.7 As an alternative to returning the vehicle, the Customer may purchase the vehicle. The purchase price will be announced to the Customer at the end of the contract period if interested. The further details and conditions of purchase are regulated in a separate purchase contract.
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 e-mail.
16.2 In the case of contradictions between the contract and the appendixes, the provisions of the contract take precedence.
16.3 Any possible General Terms and Conditions on the part of the Customer have no validity, even if they are not expressly objected to in individual cases.
16.4 Should any provisions of this contract be or become invalid in part or in whole, or should there be any omissions, this will not affect the validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed agreed that comes closest to the intention of the invalid provision.
16.5 Where only the masculine form is used in this or any other document pertaining to the contract for reasons of linguistic simplicity, the feminine form shall always be deemed to be included.
17.1 The contract, including its appendixes, is subject to Swiss substantive law.
17.2 The place of jurisdiction for all disputes arising from this agreement is the registered office of AMAG Import Ltd in Cham, Zug. However, AMAG Import Ltd reserves the right to take legal action in the place where the registered office of the Customer is located. 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.
The purpose of the online platform www.clyde.ch is to offer and conclude contracts for vehicles between private users (hereinafter referred to as ‘Customers’ or ‘Users’) and AMAG Import AG, Innovation &Venture LAB, «Clyde», Alte Steinhauserstrasse 12, CH-6330 Cham (hereinafter referred to as ‘Clyde’).
The following General Terms and Conditions (‘GTCs’) set out the rights and responsibilities of the parties in connection with the use of the Clyde platform and the conclusion of vehicle contracts.
The rights and responsibilities associated with the relationship itself are set out in the contract in question, in the General Terms and Conditions and in the additional documents specified therein.
Clyde reserves the right to modify these GTCs at any time and without stating reasons, notifying Customers of this by email. The Customer can refuse to accept the new GTCs within two weeks following notification of the modifications. If the Customer continues to use the Clyde platform following the notification of the modifications, this constitutes acceptance of them. In the case that the modified GTCs are rejected, Clyde reserves the right to terminate the contractual relationship for the use of the platform without notice.
2. Use of the online platform Clyde
2.1 A minimum number of available vehicles is not guaranteed. The possibilities for use and the functions available on the Clyde platform can be expanded or restricted by Clyde.
2.2 The use of these or of individual elements thereof can be conditional on the fulfillment of specific requirements or additional information.
2.3 Clyde reserves the right to make the platform available only for selected operating systems and specific versions thereof and/or to restrict or suspend access to its services if this is necessary for reasons of capacity, security, server integrity or for technical measures. Where possible, the Customer will be informed of such restrictions in advance.
3. Offer and conclusion of contracts
All offers from Clyde on www.clyde.ch or elsewhere are non-binding. Subscription contracts between Clyde and the Customer are formed when the Customer makes a request for the conclusion of a contract using predefined functions via the Clyde platform and accepts these GTCs, and Clyde then expressly confirms the formation of the contractual relationship electronically or in another form.
5. Limitation of Clyde’s liability
Only in cases of intent or gross negligence is Clyde liable for damages suffered by the Customer as a result of, or in connection with, their use of the online platform Clyde.
The online platform can be unavailable or only available in a restricted form from time to time owing to maintenance work or other reasons without any claims arising from this against Clyde on the part of the User.
6. Final provisions
6.1 Any possible General Terms and Conditions on the part of the Customer have no validity, even if they are not expressly refuted in individual cases.
6.2 Should any provisions of these GTCs be or become invalid in part or whole, or should there be a loophole within them, the validity of the remaining provisions is not affected by this. In place of the invalid provision, a valid provision shall be deemed agreed that comes closest to the intention of the invalid provision.
7. Applicable law, place of jurisdiction
7.1 Swiss substantive law applies.
7.2 The courts stipulated in the Swiss Code of Civil Procedure have jurisdiction over all disputes resulting from, or in connection with, the use of the online platform Clyde.