1 January 2023
These General Terms and Conditions (GTC) apply to the contractual relationship between Clyde Mobility Ltd (hereinafter Clyde), Alte Steinhauserstrasse 12, 6330 Cham, and the Client (hereinafter „Customer“).
The GTC as amended from time to time shall apply. Clyde reserves the right to amend these GTC at any time and without giving reasons. Changes or the currently valid GTC can be viewed by all customers on the Clyde website. Clyde will inform the Customer about upcoming changes in a timely manner. Amendments to these GTC will become part of the contract if the Customer does not expressly object to the amended GTC within fourteen (14) days of the notification of the amendment. In the event of a rejection of the amended GTC by the Customer, Clyde reserves the right to terminate the contractual relationship without notice.
2.1 Anyone who has reached the age of 20, is in possession of a valid driving licence in Switzerland or Liechtenstein and has a permanent residential address in Switzerland or Liechtenstein or has registered their company headquarters in Switzerland or Liechtenstein is entitled to conclude a contract. Furthermore, the most frequent driver and, in the case of pool vehicles, the respective driver of the vehicle must have a fixed residential address in Switzerland or Liechtenstein. A pool vehicle is always given if no most frequent driver is entered in the vehicle registration document, but the vehicle is redeemed to a company. If the company’s registered office is outside Switzerland or Liechtenstein, a contract can be concluded as long as the vehicle is located in Switzerland or Liechtenstein and the driver has a fixed residential address in Switzerland or Liechtenstein.
2.2 Clyde reserves the right, prior to concluding a contract with legal entities, to contact the legal entity to obtain confirmation that the company employee has representative authority.
2.3 In the case of pool vehicles, it is mandatory for the Customer to sign an assignment of liability for the driver’s licence check before the vehicle is delivered. In this, the Customer confirms that they are liable for all car subscription contracts with Clyde, from the time of vehicle handover, for the drivers of the vehicle and, in particular, that they assume responsibility for ensuring that they are in possession of a driving licence for the corresponding vehicle category that is recognised and valid in Switzerland at the time the vehicle is used. The Customer shall further ensure that the vehicle drivers have reached the minimum age required by Clyde and thus comply with Clyde’s General Terms and Conditions. In order to avoid any delay in the delivery of the vehicle to the Customer, it is important that the Customer returns the Declaration of Assignment of Liability to Clyde immediately.
2.4 The Customer may provide the vehicle to a third party either free of charge or by way of car sharing, and corporate customers may provide the vehicle to their employees, provided that they also meet the requirements and obligations set out in these GTC. A single journey may be made by a third party as long as the third party is at minimum 18 years of age and holds a driving licence valid in Switzerland or Liechtenstein. Residence in Switzerland or Liechtenstein is not necessary for this. In all cases, the Customer is liable as for their own actions. 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 giving driving lessons, as a taxi, at motor sport events, on skidpan training courses (excepting WAB courses), for towing or transporting other vehicles, or for journeys requiring an official permit, is not permitted.
2.6 The driving authorisation covers journeys in Switzerland and the Principality of Liechtenstein as well as in Albania, Andorra, Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Turkey, United Kingdom of Great Britain and Northern Ireland.
3.1 Contract period
The Customer and Clyde agree on a minimum term. The minimum term begins on the day the vehicle handover to the Customer takes place. Depending on the vehicle offer, the Client can choose from up to seven options for the minimum term at the time of booking: 48, 36, 24, 12, 6, 3 and 1 month(s).
After expiry of the respective minimum rental period, the subscription is automatically extended by one month until duly terminated.
The contractual relationship may be terminated by either party with ten (10) days’ notice to the end of a subscription month (depending on the date of handover of the vehicle), for the first time at the end of the respective minimum term. The right to terminate the contract prematurely in accordance with Section 14 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 Customers in writing. The agreed conditions apply in each case for the contractual minimum rental period or until the next possible termination date.
3.2 Vehicle exchange
Upon reaching a vehicle age of 24 months or 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 done with a notice period of 2 months.
The replacement is free of charge for the Customer and takes place after a reasonable notice period at a time agreed between 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 contract period of the previous vehicle against the new minimum term 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 instalment.
The subscription fee for the first subscription month must be paid within five (5) working days after order confirmation. A payment period of ten (10) working days after invoicing shall apply to all subsequent invoices, unless otherwise agreed.
Depending on the result of the credit check, Clyde reserves the right to agree different payment terms in consultation with the Customer.
For the period of the five (5)-day deadline for payment of the first subscription fee, the vehicle will be reserved for the Customer. If Clyde does not receive payment within this period, the vehicle may be released again and the order cancelled.
If the Customer cancels 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 conversion fee of CHF 50.
If the Customer withdraws from the contract following payment of the first monthly instalment and before the vehicle handover, the Customer must pay a cancellation fee of CHF 500.
The monthly subscription fee includes:
The use of the vehicle during the term of the contract within the framework of the monthly free kilometres selected in the agreed service package (see Section 4.2)
Summer and winter tyres incl. their changing and storage
Swiss motorway vignette(s) for the duration of the contract
All registration fees, vehicle taxes and charges
Insurance coverage according to 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.
4.2 Mileage packages
If the selected free kilometres are exceeded by the Customer, the additional kilometres will be charged to the Customer at the end of the term. In doing so, Clyde will retroactively charge the Customer for the next largest and most suitable mileage package that covers their additional kilometres.
If the Customer drives more than 4,000 km per month on average, the Customer will be charged an additional fee of CHF 0.85 per additional kilometre exceeding the 4,000 km per month, irrespective 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
The following applies to all invoices during the contract period: If no payment has been received five (5) working days after the due date of a deadline, the Customer will receive a free payment reminder with a further 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 will receive 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 will receive notice of the termination of the contract, and will be requested to return the vehicle and pay all outstanding and owed 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 research CHF 25
Reminder CHF 30
Collection CHF 50
+ effective external costs of collection
Retrieval of the vehicle in case of breach of contract: Repossessions in accordance with the repossession costs actually incurred, but at least CHF 1,000
Removal of heavy soiling in general CHF 180
Removal of heavy soiling of the vehicle caused by animals CHF 270
Removal of heavy soiling of the vehicle caused to smoking CHF 450
Independent expert in case of difference of opinion CHF 800
Cancellation before first monthly instalment payment or non-payment of the first instalment within the specified period CHF 50
Cancellation after first monthly instalment payment before vehicle handover CHF 500
Failure to appear at the agreed handover and return time and place CHF 180
Processing of fines CHF 25
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 GTC shall be adapted accordingly. The same rule applies to all other newly introduced or raised public fees relevant to the contractual relationship.
Upon conclusion of the contract or acceptance of these GTC, the Customer authorises Clyde to charge the credit card specified by the Customer for all subscription fees as well as all other liabilities of the Customer in connection with the subscription contract (such as repair costs, administration fees, unpaid fines, additional fees/remuneration in accordance with these GTC).
5.1 The vehicle remains the property of the owner throughout the duration of the contract, whet- her 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 designated by Clyde and affiliated 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 listed.
5.3 Clyde has the right to
to view the vehicle and check its condition in consultation with the Customer
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. They may not sell, rent or pledge it, or transfer it by way of gift or security.
6.1 The vehicle will be completely fuelled by Clyde prior to handover. For Home Delivery, the fuel costs for the transfer from the Clyde vehicle depot to the Customer are at the Customer’s ex- pense. The vehicle will be cleaned before delivery to the Customer. During the transport to the Customer or afterwards, no renewed cleaning takes place, so that soiling due to the over-delivery journey cannot be ruled out.
6.2 The vehicle will be handed over to the driver who is registered at the time of booking. The driver must be present in person at the handover and identify himself with his driving licence.
6.3 If the Customer fails to appear at the agreed handover time without prior notice, Clyde reserves the right to charge a handling fee of CHF 180.
6.4 In the event of serious defects or discrepancies between the ordered and delivered vehicle, 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 appointment and note any defects on the handover protocol.
6.5 If the Customer claims that a defect or damage was present at the handover appointment of the vehicle, the Customer is responsible for proving that this is true.
7.1 Compliance with laws and regulations
The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations and legal provisions 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 prohibited.
7.3 Licence plates
The Customer may not drive the vehicle on public roads without the licence plates affixed by Clyde. The change of licence plates or their attachment to other vehicles is not permitted.
The Customer must observe the regulations applicable to the vehicle regarding the a) fuels to be used (e.g. petrol, diesel, gas, electricity or other substances), b) lubricants such as engine oil or c) operating materials such as AdBlue. Any damage caused by incorrect refuelling or the incorrect addition of lubricants 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 that the vehicle is kept clean.
7.6 Fittings, installations, labelling
Fittings, installations and labellings may be added to the vehicle by the Customer as long as the vehicle’s value is not compromised as a result and these are justifiable for ethical reasons (especially in the case of labellings). At Clyde’s option, installations and labellings 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 device
The vehicle must be appropriately protected against theft. Windows and doors must be closed and locked properly on leaving the vehicle.
7.8 Fines, monetary penalties and third party claims
Fines, monetary penalties, compensation for loss of profits and other claims by third parties for breaches of traffic regulations and violations of the law committed or for which the Customer
is responsible by the Customer (or by another driver to whom the Customer has entrusted the vehicle), as well as the costs associated therewith, are to be borne by the Customer. The Customer must immediately indemnify Clyde as the vehicle owner against such claims.
7.9 Change of domicile
The Customer must inform Clyde in good time of any planned change of domicile. If the Customer intends to transfer its domicile abroad, both Clyde and the Customer are entitled to dissolve the present contract as of the date of the transfer of domicile. In this case, Clyde is entitled to assert claims for damages and expressly reserves the right to do so.
7.10 Cooperation and information obligations of the Customer
To the extent necessary for the execution of the Contract or for compliance with legal provisions or if, in the opinion of Clyde, this is useful, the Client will make available to Clyde all necessary information, e.g. about other Users of the Vehicle, in particular if they have committed a traffic rule or other legal violation, about an impending seizure of the Vehicle by a public authority, etc.. Insofar as this is necessary for the execution of the contract or for compliance with legal regulations, or if a violation of traffic rules or legal regulations is alleged, Clyde is also entitled to forward information and personal data received from the Client and made accessible (also 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 carrying out or arranging for repairs or technical modifications on their own initiative is prohibited.
8.4 In the event of the workshop work lasting more than two hours on the vehicle listed below, Clyde will offer the Customer a replacement vehicle for the duration of the workshop work so that the Customer does not experience any loss of vehicle due to workshop work: Warranty work, service and inspection, as well as if the repair work is necessary due to no fault of the Customer. There is no entitlement to replacement mobility for workshop 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 exact date of the tyre change should be arranged by the Customer directly with the tyre partners authorised by Clyde. The tyres removed must be stored at the tyre partner. Clyde’s authorised tyre partners can be viewed at any time at www.amag-import.ch/de/partner/partnersuche.html.
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 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 event of events such as accident, theft, loss, fire, damage caused by wild animals or other damage, as well as in case of the assertion of claims by third parties, the Customer must immediately contact the police and have a police report drawn up. 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 notify Clyde within two (2) working days by means of the damage and accident report form of Clyde ([email protected]). The Customer must complete the damage and accident report form of Clyde - available on the Clyde Website - completely and truthfully. Clyde reserves the right to charge a reasonable handling fee for late claims or delays in claims processing for which the Customer is responsible. In addition, Clyde reserves the right to claim financial losses or damages directly or indirectly caused by a delay or lack of cooperation for which the Customer is responsible.
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, such as 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.
10.7 In the event of tyre punctures/damage and rim damage, the Customer must bear all costs incurred in connection with the damaging event (in the case of rim damage only up to the amount of the chosen deductible of the comprehensive insurance). Costs incurred may include, by way of example: Replacement of the damaged tyre, if necessary another tyre replacement (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:
A motor vehicle liability insurance
A comprehensive insurance in the event of a collision
A partial comprehensive coverage
A 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:
Motor vehicle liability insurance: CHF 1,000
Comprehensive insurance in the event of a collision: CHF 1,500
Partial comprehensive coverage: CHF 0
No insurance coverage is provided,
if the driver has caused the insured event while drunk or unfit to drive, under the influence of drugs or the abuse of medication;
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);
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 coverage:
In the partial comprehensive coverage, the glass breakage of the front, rear and side windows as well as the glass roof is included as standard. The extended cover additionally insures all vehicle parts made of glass, Plexiglas or similar hard materials (e.g. headlights, auxiliary headlights, fog lights, indicator lenses, reflectors, reversing lamps, rear-view mirrors and number plate lighting). The deductible for corresponding damage is CHF 0.
The extended protection options must be set when booking the subscription and cannot be changed during the subscription period.
The extended protection options must be set when booking the subscription 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, as amended from time to time, 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 respective General Terms and Conditions listed below as well as the Additional Terms and Conditions as if they were the policyholder themselves.
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, control and further development of the service, the security of operations and infrastructure, the execution of the contract, the handling and maintenance of the Customer relationship and the invoicing.
In addition to the data protection provisions, which also form an integral part of the contract, the Customer expressly agrees that Clyde may be informed electronically on an ongoing basis about telemetry data of the vehicle and driving behaviour. This concerns in particular the following data / categories of data:
General vehicle data (mileage, fuel level, battery status, vehicle model, mass and weight, etc.)
Vehicle error messages (engine faults, DTC codes, etc.)
Vehicle data (GPS position of the vehicle, driving behaviour of the client or the person driving the vehicle such as speed deviations, sharp curves, abrupt acceleration and braking, etc.)
Trip data (information on trips made such as start and end points, trip length, time travelled, etc.)
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 installs a hardware adapter in the vehicle that allows the corresponding data to be read out. This adapter must not be removed and no changes must be made to the telemetry measurement that affect the reading of data.
The Customer acknowledges and expressly agrees that for the aforementioned purposes or in connection therewith, the collection, storage and processing of personal data and other data about the Customer and the vehicle associated with the Service by Clyde and third parties involved is necessary.
13.1 Clyde is only liable for damages incurred by the Customer from or in connection with the contractual relationship in the event of intent or gross negligence.
13.2 Restrictions of the usability of the vehicle due to service or repair does not entitle the Customer to a reduction of the subscription fee or to any 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:
Payment default of more than 30 days
Filing for private bankruptcy or insolvency
Serious breach of traffic regulations and driving in an unfit state
Revocation of driving licence
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 event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank of fuel, in an undamaged, cleaned, roadworthy condition, in accordance with the age and mileage of the vehicle, with all keys and associated components and documents. Clyde and the Customer shall agree on a date and time for the return of the vehicle. The vehicle will be collected by Clyde directly from the Customer on a date agreed with the Customer.
15.2 If the Customer fails to appear at the agreed return time and place without prior notice, Clyde reserves the right to charge a handling fee of CHF 180.
15.3 Upon return, a return protocol shall be drawn up in the presence of the Customer or their representative on the condition of the vehicle, recording the return of the vehicle including associated components and documents as well as any ascertainable damage. Should the Customer fail
to attend the return in person, the return protocol shall be deemed approved even 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 Normal signs of use such as small traces of 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 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 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 disclosed to the Customer at the end of the contract period in the case of interest. The further details and conditions of purchase will be 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 enclosures the provisions of the contract take precedence.
16.3 Any General Terms and Conditions of the Customer shall not be valid, even if they are not expressly contradicted 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 Customer’s consent.
16. 5 Should any provisions of this contract 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.
16.6 If in this document, or in any other documents belonging to the contract, the male form is used in order to simplify the language, this is always considered to include the female form as well.
17.1 This contract, including its appendixes, is subject to Swiss substantive law.
17.2 The place of jurisdiction for all disputes arising from this contract is the registered office of AMAG Import Ltd in Cham, Zug, Switzerland. However, AMAG Import Ltd reserves the right to take legal action at 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 ancillary agreements exist.
The purpose of the online platform www.clyde.ch is to offer and conclude rental and subscription contracts for vehicles between private users (hereinafter referred to as ‘Customers’ or ‘Users’) and Clyde Mobility AG, 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 subscription contracts.
The rights and responsibilities associated with the rental relationship itself are set out in the subscription 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 fulfilment 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 subscription 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.
6.3 Where only the masculine form is used in these GTC for reasons of linguistic simplicity, the feminine and all other forms shall always be deemed to be included.
7. Applicable law, place of jurisdiction
7.1 Swiss substantive law applies.
7.2 The place of jurisdiction for all disputes arising from this contract is Cham, Zug, Switzerland. However, Clyde Mobility Ltd reserves the right to take legal action at 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.
Clyde’s flat rate for charging
1st February 2022
These General Terms and Conditions (GTC) for Clyde’s flat rate for charging apply in the event that the customer has concluded a Clyde subscription for a fully electric vehicle (battery electric vehicle – BEV).
All Clyde customers who hold a valid subscription for a fully electric vehicle (BEV) are entitled to use Clyde’s flat rate for charging. Subscribers with a hybrid or plug-in hybrid electric vehicle (PHEV) are not entitled to use the flat rate for charging.
Clyde’s flat rate for charging can only be used via the swisscharge.ch app for mobile devices (swisscharge.ch app) or the charging card provided by Clyde and swisscharge.ch.
In order to be able to use Clyde’s flat rate for charging, Clyde must transfer the requisite personal data of the customer to swisscharge.ch after a subscription contract establishing entitlement to use the flat rate for charging has been concluded in order to enable swisscharge.ch to set up an account for the customer. In accepting these GTC, the customer expressly consents to the transfer of their personal data to swisscharge.ch.
Should the customer not wish their personal data to be transferred to swisscharge.ch, the customer must inform Clyde Customer Service concerning this fact in writing either before or immediately after booking the Clyde subscription (within 24 hours). Following any such objection, the customer will not be able to use Clyde’s flat rate for charging. It cannot be guaranteed as a matter of course that it will be possible for the customer to change their mind at a later stage, and any request to do so must be examined in consultation with Clyde Customer Service.
After the customer account has been set up by swisscharge.ch, the customer will receive an e-mail sent to the e-mail address provided during the Clyde booking process containing an invitation to activate their account by entering a personal password.
The customer hereby accepts that, within the ambit of the provision of services and the flat rate for charging, swisscharge.ch may share data with Clyde concerning the customer’s charging patterns and charging processes that are generated through usage of swisscharge.ch software and that Clyde may, subject to compliance with applicable data protection laws, collect, store and process these data and share them with third parties, provided that this occurs for the purpose of compliance with contractual obligations towards the customer in relation to the operation, development and maintenance of the flat rate for charging. 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.
In addition, the customer will receive a charging card associated with their account at the address indicated during the course of the Clyde booking process within 14 days of the activation of the swisscharge.ch account.
The scope of swisscharge.ch services may be altered at any time without prior notice.
The customer is entitled to use the flat rate for charging throughout the duration of any valid subscription. It is not permitted to use the flat rate for charging either before or after a valid subscription period.
Access to the flat rate for charging will be deactivated automatically upon expiry of the subscription period. In order for this to occur, the user profile will be deactivated by swisscharge.ch. The associated charging card will also be deactivated upon expiry of the subscription. Should the customer wish to continue to use the swisscharge.ch app independently of the Clyde subscription, they must re-register with swisscharge.ch.
In order for a charging process to be accounted for through the flat rate for charging, the charging process must be launched either via the user profile in the swisscharge.ch app provided by Clyde in conjunction with swisscharge.ch or by using the associated charging card.
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 swisscharge.ch app or the associated charging card and that the customer is using the account intended for the usage of the flat rate for charging.
The customer may use Clyde’s flat rate for charging exclusively for the vehicle covered by the 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 Clyde’s flat rate for charging.
It is not permitted to use the tariff for unusual levels of charging. Charging will be deemed to be occurring at an unusual level if the monthly amount of energy charged is consistently higher than the average amount of energy calculated on the basis of the vehicle covered by the subscription and the kilometre bundle. This assessment is based on the reference figure for the average consumption in kWh per 100 km as set by the respective manufacturer of the vehicle covered by the subscription, which may be obtained from the vehicle details, as well as the currently applicable kilometre bundle.
An uninterrupted connection to an AC charging station must not under any circumstances exceed a period of six (6) hours, and an uninterrupted connection to a 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 will 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.
In the event of the theft or loss of the charging card or the online login data, the customer must contact Clyde Customer Service promptly and arrange for access to the flat rate for charging to be blocked. Clyde does not bear liability for any costs arising as a result in the event that the customer fails to comply with this duty of notification in good time.
In the event of a temporary or permanent blockage, the customer does not have any entitlement to use the flat rate for charging and thus also no entitlement for charging costs to be covered by Clyde.
Moreover, Clyde reserves the right to terminate the subscription contract immediately in the event that the flat rate for charging is used in breach of contract. In addition to the scenarios mentioned in these GTC, usage is deemed to have occurred in breach of contract in the event of unduly high and unusual charging levels.
Clyde does not provide any warranty that the charging card and the swisscharge.ch app and the services offered within it will operate flawlessly at all times.
Clyde does only incur liability for any losses arising for the customer out of or in relation to usage of the flat rate for charging in the event of wilful misconduct or gross negligence.
It is possible that these General Terms and Conditions of Business may be amended from time to time for the purpose of the ongoing improvement of the flat rate for charging and the constant development of functionality and security. The customer will be informed in advance by e-mail concerning any amendment to these GTC and invited to consent. The relevant changes are deemed to have been accepted unless they are objected to by the customer within 14 days. If the customer does not intend to consent to the amended GTC, Clyde reserves the right to terminate the subscription contract without notice.
Clyde’s flat rate for charging is a pilot project. Clyde therefore reserves the right to withdraw the flat rate for charging at any time and accordingly to terminate the Clyde subscription at any time subject to a notice period of one month.
These GTC are governed by Swiss law.
The place of jurisdiction for all disputes arising under these GTC is at the registered office of Clyde in Cham. However, Clyde reserves the right to take legal action at 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.
These GTC (including this clause) may only be validly amended or supplemented in writing. The invalidity of any term within these GTC does not affect the validity of the remaining terms. In such an eventuality, each party may request that the invalid term be replaced by a term that most closely achieves the economic purpose pursued by the invalid term.