General Terms and Conditions
These General Rental 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 renter of a vehicle rented by Clyde (hereinafter referred to as the Customer).
3. Rental period, exchange of the rental vehicle
3.1 The rental period begins with the date of the rental vehicle handover. It has a minimum duration of three months. The minimum duration of three months does not relate to the individual Customer, but rather always to the vehicle rented by the renter. If the vehicle is changed before the end of the minimum duration, a new minimum duration of three months begins for the new vehicle. It is not possible to count the rental period of an old vehicle towards that of a new vehicle, or vice versa, in order to achieve the minimum duration for a vehicle.
3.2 Either party may terminate the rental relationship with a notice period of one month to the end of a subscription month (depending on the date on which the rental vehicle is handed over, see section 3.1), taking effect at the expiry of the minimum duration at the earliest.
3.3 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.
3.4 If the vehicle is kept for 12 months or the total mileage exceeds 40'000 kilometres within the rental relationship, Clyde reserves the right to exchange the rental vehicle for an equivalent vehicle. This is subject to a notice period of two months.
3.5 The exchange incurs no additional costs of the Customer and takes place following an appropriate period of notice at a time mutually agreed by the parties.
4. Rental period, exchange of the rental vehicle
4.1 The subscription fee for the first subscription month must be paid within five days of the order confirmation. The vehicle is reserved for you during this period. If we do not receive a payment within this period, the vehicle is released again and the order cancelled.
4.2 For all further invoices, the period allowed for payment is 10 days from the invoice date.
4.3 The monthly subscription fee (rent) includes
a. the use of the vehicle during the rental period within the scope of the kilometres included in the agreed monthly package (S, M, L);
b. summer and winter tyres including the change and storage of them;
c. Swiss motorway vignette(s) for the rental period;
d. all registration fees, vehicle taxes and charges;
e. insurance in accordance with section 10;
f. 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.
4.4 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.
4.5 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. Of these, the first 200 kilometres per month are charged at a lower rate, and any further kilometres at a higher rate. These rates are dependent on the vehicle. Any unused kilometres are carried over to the following month during the subscription period, but there will be no reimbursement for them.
4.6 If no payment has been received five days after it is due, the Customer receives a free payment reminder with another payment period of 10 days. Completion of the first payment is compulsory before the vehicle handover.
4.7 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 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 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.
4.8 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.-.
4.9 Additional liabilities for operational costs incurred by Clyde:
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 CHF 500.-
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.-
Reissue of vehicle registration and number plate due to relocation CHF 75.-
Cancellation CHF 500.-
4.10 All payments owed 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 GTCs will be adapted accordingly. The same rule applies to all other newly introduced or raised public fees relevant to the rental relationship.
5. Ownership structure, vehicle owner
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. Vehicle handover
6.1 The Customer must check over the vehicle at the handover and report any defects to Clyde within two working days. 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.
6.2 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. General lessee obligations
7.1 Compliance with laws and regulations
7.1.1 The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad.
7.1.2 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 the fuel to be used. As well as petrol and diesel, this includes electricity and any other possibilities for powering a vehicle. Damage resulting from incorrect refuelling must 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. 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.
7.8 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 their domicile abroad, Clyde has the right to terminate this contract as of the date of relocation.
7.10 Obligation of the Customer to cooperate and provide information
To the extent required for processing the rental 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. Service/wear and tear
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 Where servicing is required, Clyde may make an equivalent replacement vehicle available to the Customer for the period the vehicle is undergoing work, so that the Customer is not without a vehicle as a result of the servicing (but not for simple 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. A list of the tyre partners authorised by Clyde can be consulted at any time at www.clyde.ch/en/tyre-partner.
10. Breakdown and damage
10.1 Breakdowns must be reported to Totalmobil! on the number +41 848 024 365.
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 rental relationship, the vehicle has a) a motor vehicle liability insurance (with a deductible for users of pool vehicles in the amount of CHF 1,000.00), b) a fully comprehensive insurance in the event of a collision with a deductible of CHF 1,000.00 or CHF 1,500.00 for users of pool vehicles and c) a partially comprehensive insurance. The insurance costs are included in the rent. Excluded from the insurance coverage are damages caused intentionally or by negligence as well as parking damages.
Deductible standard customers
Liability insurance: CHF 0,-
Fully comprehensive insurance (collision): CHF 1'000
Partial coverage insurance: CHF 0
Deductible for users of pool vehicles
Liability insurance: CHF 1'000
Fully comprehensive insurance (collision): CHF 1'500
Partial coverage insurance: CHF 0
11.2 In addition to the rental 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.
12. Data protection
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 autoSense system, of all data pertaining to the vehicle; in particular the current mileage of the 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. Limitation of Clyde’s liability
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 rental of the vehicle.
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 rental fee or other compensation.
14. Early termination for cause without notice
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:
a. Payment default of more than 30 days
b. Filing for bankruptcy or insolvency
c. Serious breach of traffic regulations and driving in an unfit state
d. Revocation of driving licence
e. Use of the vehicle not in accordance with the contract
f. Removal of the adapter recording telemetric data
g. Breach of particular renter obligations
h. Failure to cooperate in cases of damage
i. Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of Clyde.
15. Return of the vehicle
15.1 At the end of the rental period, 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 shall agree on a date and time for the return of the vehicle. The vehicle must be returned by the customer to one of the following return locations.
15.2 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.
15.3 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 rental contract.
15.4 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.
15.5 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. Concluding provisions
16.1 Changes or additions to the rental 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 rental contract and the appendixes, the provisions of the rental 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 rental 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.
17. Applicable law, place of jurisdiction
17.1 The rental contract, including its appendixes, is subject to Swiss substantive law.
17.2 The courts stipulated in the Swiss Code of Civil Procedure have jurisdiction over all disputes resulting from, or in connection with, the rental contract, including those relating to its valid formation, legal effect, amendment or termination.
18. No verbal collateral agreements, contract appendixes
18.1 No verbal collateral agreements exist.
General Terms and Conditions for the use of the online platform Clyde
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 AMAG Import AG, Innovation &Venture LAB, Projekt «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 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 rental 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.
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.