Terms and conditions for GreenMobility

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Terms & Conditions

1. Definitions & Parties
2. In general
3. Customer relationship
4. Price and payment
5. Terms of payment
6. In relation to the car
7. Charging the car
8. The Rental period
9. Ending the trip
10. Fines
11. Insurance, damage, and liability
12. Liability of GreenMobility
13. Pricing and payment
14. Duration and Termination
15. Personal data
16. Right of withdrawal
17. Applicable law and jurisdiction
18. Validity and transfer
19. Prebooking
20. Business / Commercial Driving
21. Subscription “GreenSaver”
22. Third-party clause

 

1. Definitions

1.1. Terms and Conditions – Refers to these general terms and conditions applicable between GreenMobility and the applicant and the User of GreenMobility for, amongst others, the registered account with GreenMobility, reservation, use and payment of/for a GreenMobility car, whether or not via the GreenMobility mobile app.
1.2. User – refers to the natural or legal person who has successfully registered with GreenMobility and therefore created an account at GreenMobility in order to be able to rent a car under certain conditions.
1.3. GreenMobility – is the Party that makes the car available for rental to the User. In the following, GreenMobilitys country Parties are listed, referred to as a Party or Parties going forward.

 

Parties

Belgium

GreenMobility NV
Vosstraat 323
2100 Antwerpen
VAT No.: BE0744 934 264
KBC: BE38 7340 4912 7172
GreenMobility Gent BV
Vosstraat 323
2100 Antwerpen
VAT No.: BE0745 709 868
KBC: BE23 7340 4912 9091

Denmark

GreenMobility A/S
Landgreven 3, 4. sal
1301 København K
CVR: 35521585

Finland

GreenMobility Finland Oy
Siltasaarenkatu 4
00530 Helsinki
Business ID: 3133532-1

The Netherlands

GreenMobility is a trade name of Fetch Mobility BV, (registered in the Netherlands at Vonderweg 24, 7468 DC te Enter)
Entrada 100
1114AA Amsterdam-Duivendrecht
KVK No.: 72871237
BTW: NL859268184B01

 

1.4. The GreenMobility car(s) – Refers to any car or fleet of cars made available to the User by GreenMobility, subject to conditions.
1.5. Rental Agreement – is the agreement to rent a GreenMobility car, to which these general terms and conditions apply.
1.6. Rental Period – Refers to the period from when the User unlocks the car until when the User ends the rental via the mobile app, or in other way has possession of the car.
1.7. Price List – Refers to the most recent price list applicable at any time the car is used or rented and thus the Rental Period begins. This can be found on the GreenMobility website for each country.
1.8. Zone – Refers to the area defined by GreenMobility within which it is possible to start and end the Rental Period and which appears on the mobile app. Parking of the car at the end of the Rental Period must therefore take place within the Zone, in accordance with the parking conditions applicable at the end location. Only when parking in the parking spaces within the Zone and in accordance with the conditions applicable by law and these terms to the specific parking space can the car be parked and left locked without forfeiting any fines or other additional costs.
1.9. GreenMobility website – The applicable part of www.greenmobility.com.

 

2. In general

2.1. Any deviation from these Terms and Conditions and the Price list must happen in writing to be valid.
2.2. GreenMobility reserves the right to change these Terms and Conditions and the Price List from time to time and to publish them on its website. If GreenMobility makes significant changes to the Terms and Conditions that can be deemed to have a material effect on the usage or to the User, the User will be required to accept the changed Terms and Conditions prior to the commencement of a new Rental Period.
2.3. GreenMobility reserves the right to immediately block access to the use of any car and to keep it blocked in case of (any suspicion of) violation of these Terms and Conditions, (any suspicion of) abuse, fraud or other improper acts by/of User or persons who have access to the User’s identification data, to be judged solely by GreenMobility, or if the merits of the case demand it. This also applies in case the User allows another person than the User to drive a car.
2.4. A User may be liable for fines for non-compliance with these Terms and Conditions. In addition, the User must compensate GreenMobility for any damage suffered as a result of a violation of the Terms and Conditions or the law, and the User is liable for any administration costs according to the Price List.
2.5. GreenMobility reserves the right to register information on the user in case their GreenMobility profile is blocked. The User can therefore be refused to open a new GreenMobility account. GreenMobility can deny approval of a user if the person is registered on a so-called “GreenMobility Blocked List”, which is shared between the Parties after approval from the local Data Protection Agency.

 

3. Customer relationship

3.1. By registering with GreenMobility, the User acknowledges having entered into a binding electronic agreement with GreenMobility, and that the User is thus bound by these Terms and Conditions. The User consents to GreenMobility being able to contact the User electronically regarding invoicing or other important inquiries, for example via e-Boks or other services for secure communication.
3.2. The User’s login to GreenMobility is personal and shall only be used by the User himself/herself. In case of unauthorized use of the User’s login, the User is liable for a fee according to the Price List and any consequential costs without limitation. The User and driver are both liable for all consequential costs including damage costs regardless of the GreenMobility insurance.

  1. The User may only use the User’s own information when creating and later changing his/her login/account. Thus, the User is not allowed to use other people’s driver’s license information, credit card information, or contact information.
  2. The User may not let another person use or drive on their account. Violation of this will result in a lapse of the insurance coverage as well as having to pay a fee as defined on the Price List with the addition of all costs that result from driving. Any liability associated with such driving will be the full responsibility of the User without limitations.

3.3. When registering, the User:

  1. Must be at least 18 years old and have a valid driver’s license.
  2. Must use a valid payment method with a readily available amount sufficient to pay for the Rental Period and any additional charges such as risk of damage.
  3. In the Netherlands, the User must hold a valid driving license issued by a country member of the European Economic Area, Switzerland, UK, US or Canada or other nations that we on a case-by-case basis deem valid. In the Netherlands, it is also required that you have had your driver’s license for at least 12 months and that it is verified by GreenMobility in accordance with the provisions of the Privacy Policy.

3.4. A User can only reserve, drive and pay for a car as long as this User continues to comply with all the requirements and obligations of these Terms and Conditions. A User may therefore never let a third party rent a car under his account or drive it or allow a third party to drive it. This is under penalty of a fine, plus any associated liability from damages and other, without limitation.
3.5. Upon registration the User obtains login information. These are a username (e-mail address) and password that gives him/her access to functions and (personal) information in the GreenMobility app (such as reserving a car or viewing and changing personal data). These login details of the User are personal and may only be used by the User him/herself. The User must keep the login details and any other codes, such as the login code of the phone itself, secret. The User agrees to immediately change the password used to access the GreenMobility account if GreenMobility requests so. In the event of unauthorized use of a login and/or account, the User will be liable for compensation in accordance with the Price List as published on the GreenMobility website and any other direct or indirect costs. Both the User and driver are jointly and severally liable for all costs including damages regardless of insurance.
3.6. User should inform GreenMobility of any changes in the (personal) data provided by him/her to GreenMobility, via the website, app or helpdesk. This also applies to the unauthorized driving of a car, for example, by withdrawal or suspension of the driving license. If the data provided is demonstrably incorrect (e.g. incorrect e-mail address), GreenMobility reserves the right to temporarily suspend the use of a car or deactivate the User’s account.
3.7. User may only use the User’s own information when creating and later changing his/her login/account. Also, the User is not allowed to use the driving license, credit card, or contact information of others. The User must ensure that all information about the User is up-to-date at all times. The User’s information can be updated via the mobile app or customer service at any time.
3.8. A maximum of one User can be created per driving license. Repeated attempts to create more Users with the same driving license may result in permanent blocking. Special conditions apply for business driving/profiles with an approved commercial and/or business agreement.
3.9. Upon registration, the User authorizes GreenMobility to verify personal information provided by the User as listed on the GreenMobility website. If there are credit reports or discrepancies between the information provided by the User and the official information, GreenMobility reserves the right to refuse the registration of the customer. If such credit reports or discrepancies arise during the contractual relationship, this shall be considered a breach of these Terms and Conditions.
3.10. If the User does not use GreenMobility cars for 90 consecutive days, GreenMobility reserves the right to deactivate the User at GreenMobility’s discretion and the User must then re-register.
3.11. It is the responsibility of the User to keep the smartphone, the use of the GreenMobility app, all (access) codes, and identification data safe and secret.
3.12. The User is obliged to report the loss or theft of his/her smartphone with the GreenMobility app, or a suspicion of misuse of the app, immediately to GreenMobility (via the website or by email or telephone to Customer Services), so that GreenMobility can block the app and prevent (further) misuse.
3.13. GreenMobility is free to block the user account of the User if the GreenMobility app is used from multiple phones, including during a ride.

 

4. Price and payment

4.1. The User agrees to pay the prices and any relevant penalties as stated in the Price List on GreenMobility’s website. The rental price for use of a car can consists of a time-dependent portion and/or a distance-dependent portion. The time-based part of the price is displayed in the GreenMobility app for each reservation and for each use. The distance dependent part of the price shall be included in the total price per trip and specified on the invoice from GreenMobility to the User. The User agrees to pay fines and other costs charged to GreenMobility due to e.g. wrong parking, lack of cleaning or other. These can be charged separately from the ride price of the Rental Period with separate invoices. The administrative data of GreenMobility shall be decisive in this respect. All offers and tariffs are indicative only. The Price List is leading.
4.2. Payments by the User shall be made based on the User’s chosen method of payment. This will be direct debit from the credit card or subsequent payment (via e-mail with a payment link or, in due course, directly in the app) via one of the supported payment methods. In doing so, GreenMobility will make use of the services of third parties.
4.3. The place of payment is one of GreenMobility’s registered offices.
4.4. The User never has the right to proceed to set off debts against GreenMobility. Nor does the User have any right to retain car(s) from GreenMobility until the satisfaction of his counterclaims.
4.5 Any invoice which remains unpaid on its due date shall automatically and without prior notice incur interest for delay of the maximum allowed under the national regulations.
4.6. Any invoice that remains unpaid on its due date will be increased by way of fixed interests to the maximum allowed under the local regulations.
4.7. The total or partial non-payment of an invoice on its due date will result in all other amounts and non-paid invoices becoming immediately payable. In the event that any invoice remains (partially) unpaid, GreenMobility shall be entitled to suspend new use of a car, whether or not already planned. Furthermore, to terminate or dissolve the agreement between the parties by blocking the GreenMobility account.
4.8. An invoice must be protested within 8 days of receipt. Any subsequent complaint will be considered late and cannot be taken into account.

 

5. Terms of payment

5.1. All GreenMobility invoices received by the User must be paid immediately after the completion of the ride.
5.2. In case of non-compliance with these Terms and Conditions, GreenMobility may apply reminder costs, charge penalties and damages and, if necessary, call upon the bailiff.

 

6. In relation to the car

6.1. At the start of a journey, it is the User’s responsibility to check that the car is in good and legal order and has checked the brake, steering wheel, indicators, and lights before starting to drive. Any complaint and/or damage regarding the condition of the car must be reported to GreenMobility prior to driving the car. In the absence of which, the damage may be attributed to the occupant, even if it is not established that the User caused the damage.
6.2. In certain cases, the car is provided with a child seat. Child seats shall only be used in the back seat. Whether the child seat is used on the back seat is solely up to the User. The User is responsible for the correct and legal installation of a child seat. The child seat must not be removed from the car.
6.3. The User confirms having been informed that all cars are equipped with a satellite tracking system, for security and functionality purposes.
6.4. Stickers or other ornaments must not be removed from the car. Nor must any stickers or other ornaments be added. If the stickers or parts thereof are removed the User shall pay GreenMobility’s costs to replace them.
6.5. The car may not be used for:

  1. The transport of passengers or goods for payment, directly or indirectly.
  2. Driving on unpaved road.
  3. Any form of motor sport competitions, rallies, demonstrations, driving courses or test drives.
  4. Transportation of goods causing unpleasant odors or unusual wear and tear.
  5. Transportation of dogs or other pets.
  6. Transportation of more passengers than there are safety belts in the car.
  7. For transport of small children, unless proper use is made of a compulsory child seat or booster seat on the rear seat.

Any use as listed in the above listed paragraph in 6.5 will lead to immediate blocking of the User in GreenMobility systems, and the User will be liable for all fines, damages and other associated costs from such use, without limitation.

6.6. It is forbidden to:

  1. deliberately cause damage to the car or any road user, and road, including the emission of smoke or other odor.
  2. use the car under the influence of alcohol, drugs, medication or any other state of mind which may influence driving behavior, or fail to cooperate in a test to investigate this.
  3. discharge the battery of the car to such an extent that the car can no longer reach the nearest charging station. When the battery level reaches 5% the car will issue a warning about a low battery level and give instructions for charging facilities. In such case the User must charge the car immediately as the User becomes liable for the towing costs in accordance with the Price List.
  4. smoke or allow others to smoke in the car.
  5. deactivate any airbag in the car.
  6. carry out repairs or modifications to the car without the prior approval of GreenMobility.
  7. transfer the right to drive to a person other than the registered User. In the event of infringement, the User will forfeit an immediately payable fine mentioned in the Price List plus any further costs.
  8. leave the car in another country than the starting country. If the car is left behind outside the borders of the starting country the User shall also be liable for the costs of bringing it back to the starting country.
  9. allow the battery level of the car to drop to 0%. E.g. If renting a car from Amsterdam and driving it outside the border of Netherlands where the car runs out of power outside the Netherlands the towing costs shall be charged to the User.
  10. overload or load without sufficient safety measures and/or using it as a storage space (certainly not for food articles);
  11. use the car in any way whatsoever after the termination of the use in the app;
  12. use the car for the transportation of narcotics, illegal goods, explosives, flammable or explosive substances (including gas cylinders)
  13. leave the interior of the car dirty and/or leave waste or other goods in the car.
  14. drive insanely or other illegally in the GreenMobility cars. The consequences of this appear in the Terms section. 6.10

Any use as listed in this paragraph will lead to immediate blocking of the User in GreenMobility systems, and the User will be liable for all fines, damages and other associated cost from such use without limitation.

6.7. The following applies to crossing country borders in a GreenMobility car:

  • Belgium: A User renting a GreenMobility car in Belgium is allowed to drive to Germany, The Netherlands, and Luxembourg
  • Denmark: A User renting a GreenMobility car in Denmark is allowed to drive to Sweden.
  • Finland: A User renting a GreenMobility car in Finland is not allowed to cross any country borders.
  • The Netherlands: A User renting a GreenMobility car in The Netherlands is allowed to drive to Germany, Belgium, and Luxembourg.

If driving outside the country where the trip was started, the User has to cover all costs for charging and parking as well as any towing of the car should this become necessary. The User must always return the car to its original zone in the original country to end the trip.

6.8. GreenMobility reserves the right to repossess the car from the User at any time and without explanation to the User, if GreenMobility suspects that the car is being or has been used in violation of these Terms and Conditions. In this case, the User is not entitled to a replacement car or financial compensation, and any transport is at the expense of the User.
6.9. If the police or any other public authority determines that the car has been used for illegal or improper purposes during the Rental Period, they have the right to confiscate the car immediately without the User being entitled to a replacement car or financial compensation. The User is responsible for any transport related to this. The User is further responsible for any legal or financial consequence GreenMobility suffers as a result.
6.10. If a car is seized or confiscated by the police or authorities, due to insane driving, vandalism-driving or other, where GreenMobility looses the right to the car, whether it be short-term or permanently, the User is liable for all cost and loss, GreenMobility will incur in these relations without limitation. This specifically also covers the price of the complete car, should the car be confiscated.
6.11. If GreenMobility so requests, the User must immediately inform GreenMobility where the car is parked at the end of the Rental Period.
6.12. GreenMobility is not responsible when private items are damaged, lost or forgotten during or after the Rental Period, but will to a reasonable extent attempt to help regain forgotten items.

 

7. Charging the car

7.1. The car contains charging instructions for the charging the car. The User shall read and follow these instructions. This also means that the User must connect the car with a charging cable in the boot to an approved public charging station in the prescribed manner. The car may also be charged at the charging stations set up by GreenMobility and located in the car parks within the Zone.
7.2. If the car is charged at any other charging station than those mentioned above, the User will pay for the charging costs herself/himself, is liable for the payment, and cannot claim a refund from GreenMobility. In these cases, the User will be liable for cost and fees incurred through the use of other charging stations.
7.3. If the car’s charging cable or card is misused for charging anything other than the rented car, the User will be liable for a fee in accordance with the Price List and will be liable for cost and fees resulting from this misuse. GreenMobility reserves the right to report the User to the police for this kind of abuse.
7.4. The use of the charging key fob (the key that provides access to charging) present in the car is free of charge insofar as this is used exclusively to pay for the electricity for the car. The charging key fob can only be used at public charging stations or charging stations reserved for GreenMobility. If it is not possible to pay with the charging key fob, for example at a private or company charging station, the User will be charged for the costs of the charge. The use of the charging key fob for charging other vehicles is strictly prohibited. This is subject to a fine of € 250 (or the equivalent in other currencies) per event. If it appears that the charging key fob has been misused at any time, for example for any other vehicle, the User will be required to reimburse GreenMobility for all costs arising therefrom, at GreenMobility’s discretion. The charging key fob should be left in the car, under penalty of a fine. The penalty amounts can be found on the Price List.
7.5. The User can earn free minutes for the next Rental Period by charging the car when the battery level is below a certain level at the end of the rental. Please refer to GreenMobility.com for the specific battery levels and the number of free minutes to be earned for each car once per day.

 

8. The Rental period

8.1. When booking a car in the app, the car can be reserved free of charge by the User for 20 minutes. The first 20 reservation minutes per day per trip are free. After that, the User pays per minute (according to the Price List) for reservation time. The User chooses the desired reservation time when booking a car using the reservation option. Any used free reservation time (such as the first 20 minutes) is reset at midnight. A reservation creates a Rental Agreement between User and GreenMobility.
8.2. The Rental period starts when the User unlocks the car with the mobile app. The User’s responsibility for the GreenMobility car commences at the same time.
8.3. Before using the GreenMobility car, the User must inspect the interior cleanliness and smell inside the GreenMobility car. If the GreenMobility car is in a bad cleaning condition or smells bad, the User is required to contact and notify GreenMobility about this before starting the engine.
8.4. Before using the GreenMobility car, the User must also check for damages to the GreenMobility car not already registered. If the GreenMobility car is in such a damaged condition that the User does not want to drive it, the User is required to contact and notify GreenMobility about this after which any time used for inspection will be credited.

  1. The User must immediately report damages to or errors on the GreenMobility car not already indicated to GreenMobility through the app.
  2. If GreenMobility assesses that damages or errors must be investigated or repaired before the GreenMobility car is used, GreenMobility reserves the right to reject the User’s use of the GreenMobility car.

8.5. During the Rental Period, the User must:

  1. Only drive the GreenMobility car if the User has his/her valid driver’s license on his/her person and is otherwise physically and mentally capable of driving the GreenMobility car.
  2. Obey the current local Road Traffic Act and other relevant traffic or other laws and regulations in that city and country in every respect.
  3. Properly ensure the GreenMobility car against theft by always closing the windows and locking the GreenMobility car when leaving it.
  4. Stop using the GreenMobility car immediately if the warning lights on the dashboard light up.
  5. Ensure the GreenMobility car has enough power for the User at any time to end the lease of the GreenMobility car inside the Zone and that the GreenMobility car has a sufficient range to reach the nearest public charging module.
  6. Treat the GreenMobility car correctly and properly, as could be expected from an ordinary average person renting a car (also known as “bonus pater”).

8.6. To end the rental of the GreenMobility car, the GreenMobility car must be parked inside the Zone in the city where the User began the trip or the associated satellite zones, and the parking must also comply with the local parking rules and laws and with these Terms and Conditions. A GreenMobility car must always return to its original zone.
8.7. When ending the rental, the User must ensure that:

  1. The charging cable is placed correctly in the luggage compartment of the GreenMobility car unless it is charging.
  2. The parking brake of the GreenMobility car is set.
  3. The windows in the GreenMobility car are properly closed and that the doors of the GreenMobility car are locked.
  4. The GreenMobility car is left in the same state and cleanliness as when the User took over the GreenMobility car.
  5. All accessories such as child safety seats are present in and on the car.

8.8. The Rental period for the GreenMobility car does not end until the User has ensured the list in paragraph 8.7 above is complete and when the User subsequently has ended the rent through the mobile app.
8.9. If for any reason the use cannot be terminated, the User is obliged to report this immediately to GreenMobility via the GreenMobility app or customer service, to remain with the car, and to follow the instructions of GreenMobility customer service. In the event of doubt as to whether the termination was successful, the User should call customer service to verify this, or have the car locked and the Rental Period terminated. If the User locks the car incorrectly or fails to do so, this may result in the Rental Period not being concluded and the costs for use continuing to be borne by the User. Any fees or costs to GreenMobility will then also be recovered from User.

 

9. Ending the trip

9.1. GreenMobility pays for parking on public streets within the Zone and selected parking garages. These parking garages can also be found on the GreenMobility website and in the mobile app. On privately owned parking the User must pay for parking onsite.
9.2. The User must always park the GreenMobility car legally according to the parking rules of the city.
9.3. At the end of the Rental Period the car must be parked in public parking spaces, parking garages selected by GreenMobility where the car may legally be parked, and in parking spaces that are not reserved for specific types of transport such as parking spaces for the disabled, taxis, trucks and car sharing spaces reserved for certain other shared cars. Cars may also be parked in parking spaces reserved for electric cars, but not in gardens, garages, or other places. The cars may NOT be parked in parking spaces where a parking limit (in time or other restriction) applies at any time of the day or week after the car is parked unless stated on the local city’s parking guidelines on the website and in the app. For a parking overview, please refer to the GreenMobility website and in the mobile app.
9.4. GreenMobility reserves the right to, without prior notice, prohibit parking in certain areas even though they are normally included in the Zone. Such a change can take place even when the User has started a Rental period and the area in question in these cases is regarded as being outside the Zone. The current Zone is always available to view in the app .
9.5. The User is liable for parking fees imposed on the GreenMobility car during the Rental period and the time after the end of the Rental period until a new User rents the GreenMobility car or until the GreenMobility car is moved by GreenMobility, if the car is not parked according to the described parking rules. If parking is not done according to the provisions in this section 9 and if GreenMobility has had to tow or move the GreenMobility car as a result of the User’s parking, GreenMobility is entitled to have its costs covered by the User.

 

10. Fines

10.1. The User is by default responsible for any and all fines received in relation to the use of GreenMobility cars, also if this fine is issued after the trip has ended but related to the trip. The only exceptions from this responsibility, are the cases listed on GreenMobility’s website, with ongoing amendments.
10.2 If the User receives a parking fine, GreenMobility reserves the right to automatically withdraw the parking fine and any associated cost from the User’s chosen payment method, to settle the parking fine with the issuer of the fine. GreenMobility is entitled to add a reasonable administration fee for the handling of the parking fine.
10.3. GreenMobility is always entitled to transfer the collection of the parking fine to an external parking fine handling company, as is the case in some countries, or to the parking fine issuer or to a collection service if deemed necessary. In any case, this will also mean the transfer of necessary data on or about the User and the trip information related to the parking fine issue.
10.4. If the User receives a speeding ticket, that is sent to GreenMobility as the legal owner or user of the car, GreenMobility reserves the right to automatically withdraw the speeding fine and any associated cost from the User’s chosen payment method, to settle the speeding fine with the issuer of the fine.
10.5. The User is obliged to accept responsibility for the speeding fine and in the case where the User disagrees, to take the dispute directly with the relevant authorities, releasing GreenMobility of this process. Further, the User is required to reply to requests from GreenMobility regarding fines and act to facilitate the payment of the fine properly.
10.6. GreenMobility is entitled to hand over personal User information to the police or other authorities upon request or at its own initiative, related to speeding and/or (parking) fines. In the case where the speeding fine is or can be handled by external handling or collection companies, GreenMobility is entitled to provide the relevant information about the User to collect on the relevant fines.
10.7. The User accepts explicit liability for, at the request of GreenMobility, paying all tickets, fees, debt collection, and legal costs in connection with parking or legislative violations imposed on the vehicle or the driver during the Rental period or as a consequence of the rental (e.g a parking fine received on the site of ending the rental that is issued after the rental period). The User has full responsibility for paying the authority or company in question if or when they request payment. To avoid the risk of such tickets or fees escalating, GreenMobility can choose to pay the authority or company or notify about the identity of the User. The User is responsible for the cost of the ticket and for an administrative fee to GreenMobility.

 

11. Insurance, damage, and liability

11.1. GreenMobility’s cars are insured by means of a legally required 3rd party liability insurance and in some market comprehensive coverage. Any and all damages must be reported to GreenMobility immediately and within a maximum of 12 hours, regardless of whether you as a User were responsible for the damage or not.
11.2. The User pays the deductible (also known as own risk) varying from € 150,- to € 750,- per event in case of damage covered under the third party liability. This only applies to the third party liability for damage caused to third parties and not for damage to the car itself, or to or from the User’s property. GreenMobility may charge all damage of the car itself directly to the User. This is not covered by the insurance. Should the User act in violation of any provision of these Terms and Conditions, the User will be liable for full compensation to GreenMobility for the damage and related costs to the car and/or to third parties.
11.3. The difference in the amount of the deductible depends among other things of the age of the User. The deductible is voided if the User has acted negligently, characterized as gross negligence, or if the damage is not covered by the insurance due to the User’s circumstances and in such a case, the User is fully liable for all costs. The User should note that it is considered gross negligence when a person other than the User drives the car during his/her rental period. Both driver and User will in this case be jointly liable for all costs in case of damage or other events with no limitation.
11.4. At the start of the Rental Period the User can choose an insurance that reduces their own risk in the event of damage. This option is not available after the start of the Rental Period and the chosen insurance cannot be cancelled.
11.5. The User is responsible for all damage caused to the car during the Rental Period. This applies notwithstanding if this damage was caused by a third party if this party does not make itself known or cannot be held responsible in any other way.
The User is liable for the acts and omissions of his/her passengers, even if these acts and omissions were not permitted by the User.
11.6. In the event of an accident, breakdown, or any event which may cause or has caused damage to the car or to (the property of) third parties, the User shall immediately contact GreenMobility’s customer service. The User is obliged to follow the instructions of the customer service department. The use of any form of roadside assistance outside of GreenMobility is at the expense and risk of the User. In case of any accident involving a third party or a third vehicle, the police should be contacted, and GreenMobility informed as well.
The User accepts his/her obligation to protect the interests of GreenMobility in case of damage or any other insurance event by:

  1. Notifying GreenMobility immediately and within a maximum of 12 hour of any damage caused to the car or to (the property of) third parties.
  2. To provide all the information to GreenMobility which may be relevant. Obtaining the names and addresses of all parties involved and any witnesses.
  3. To refrain from admitting his/her liability or to admit guilt.
  4. To avoid leaving the vehicle without taking the necessary safety measures.
  5. Immediately notify the police if the other party’s guilt needs to be established or in the event of personal injury.
  6. Immediately fill in a complete and truthful claim form and hand it in, signed, in the original, to GreenMobility. Failure to deliver the completely filled claim form or its late delivery will be considered as obstruction of the settlement of the claim and GreenMobility reserves the right to recover all costs related to the accident from the User. Incorrect statements, in particular with regard to liability, are at the expense of the User.

11.7. In the event of a traffic accident or breakdown outside the Zone, which the User is responsible for, the User is responsible for all expenses associated with the return of the car to the Zone.
In any event the Users shall be responsible for the cost of their own return to the Zone.
11.8. In the event that damages, or refunds destined for GreenMobility are paid directly to the User, the User shall immediately inform GreenMobility and refund such compensation(s) to GreenMobility.

 

12. Liability of GreenMobility

12.1. The liability of GreenMobility is limited to fulfilling the obligations which GreenMobility expressly has under these Terms and Conditions. It shall never be liable for damage suffered directly or indirectly by User(s) as a result of or in connection with the desired or actual use of a car.
12.2. GreenMobility is not liable for damage or loss resulting from the User’s use of the car, including third party property, unless GreenMobility has acted negligently.
12.3. Under no circumstances can GreenMobility be held liable for indirect damage, including damage resulting from the User’s undue delay if the car is not available or breaks down during the User’s Rental Period.
12.4. In any case where GreenMobility nonetheless is obliged to pay compensation for damages, the amount of such compensation shall never exceed the amount paid by GreenMobility’s liability insurer in the case in question. If there is no insurance cover for GreenMobility’s liability, GreenMobility’s obligation to pay damages will be limited to € 250,-.

 

13. Pricing and payment

13.1. The price for renting the GreenMobility car is calculated from the duration of the Rental period (per started minute) according to the Price List in effect at the beginning of the Rental period. At this time, the User is made aware of the imposition of a fee according to the Price List for picking up and delivering the GreenMobility car at selected locations, e.g. the Copenhagen Airport. You will find an updated list with additional fees on the GreenMobility site.
All prices include VAT in the respective country. Exception to this can be separate and specific B2B accounts.
13.2. If the User has chosen to pay by the minute (per started minute), GreenMobility will charge the amount due for renting the GreenMobility car on the User’s credit card when the User has ended the Rental period of the GreenMobility car. With a day’s delay, the User can see his/her trip under his/her profile.
13.3. The User can choose to buy a discount package with prepaid minutes. The price of the package is deducted in accordance with the Price List or subscription discount at the beginning of the Rental Period. Prepaid minutes are valid from 6 to 12 months from the date of purchase cf. Price List. Driven minutes besides the included minutes in the packages will be priced at standard rate. Notice that the 14 days right of cancellation is no longer possible when the User has started to use the minutes in the package.
13.4. The User can choose to purchase an hour or day package. The price of the package is deducted in accordance with the Price List or subscription discount at the beginning of the Rental Period, and the package automatically starts on the next trip the User starts in any GreenMobility car. If not initiated, all hour and day packages are valid for 3 months from the date of purchase. If the User drives longer than the number of kilometers or the number of hours/days included in the package there will be an additional charge cf. the Price List. Notice that the 14-day right of cancellation is no longer possible once the package is activated on a given trip. GreenMobility reserves the right to delete an unused hour or day package from the User’s GreenMobility account after 3 months without any form of compensation for the user.
13.5. The User’s price for renting one and the same GreenMobility car within 24 hours can never exceed the maximum price per day given in the Pricelist. If the User after the end of the day is still driving the GreenMobility car, the remaining minutes will be invoiced at ordinary minute rate, cf. the Pricelist.
13.6. The “Invite a friend” service can only be used for its original purpose which is to promote GreenMobility in a way that does not interfere with GreenMobility’s own communication and channels. A unique code cannot be made available to the public through e.g. being shared on webpages or any of GreenMobility’s channels. The User is allowed to share the code through private messaging, group messaging or in a post on their private social media, but it cannot be added as a standing feature on a social media profile or other pages. If the User does not act in compliance with the rules, all earned minutes will be canceled and the User’s account and associated, newly created accounts will be suspended. The minutes earned through this service will expire, without warning, 12 months after the date they were earned.
13.7. The User is made aware that tax liability may arise in accordance with applicable tax rules if the User’s employer has paid for the bonus-giving trip and the earned minutes are used privately. This is to be compared with other special wage supplements that must be reported by the recipient to the tax authorities and this is irrelevant to GreenMobility, as GreenMobility does not acknowledge any liability for the User’s tax obligations. Reserving and renting the GreenMobility car does not include a cancellation right.
13.8. After the end of the Rental period, the User is still obliged to have sufficient coverage on his/her payment method to cover other costs in connection with the rent according to these Terms and Conditions, including paying for damages, fines, compensation, and other fees. If such claims to the User arise, GreenMobility will contact the customer with information about this before the amount due is charged from the User’s credit card.
13.9. If a withdrawal is rejected by the User’s credit card issuer and it is due to the User’s own circumstances, GreenMobility may charge additional fees from the User. If the money could not be withdrawn from the User’s account, GreenMobility reserves the right to end any ongoing trip, without notice or liability.
13.10. GreenMobility reserves the right to transfer claims against the User to external 3rd parties. This can for example be collection agents, public authorities, private parking companies, fine handling companies, or similar as the case may be depending on the country. In such case, the User can only pay the debt in full satisfaction to the 3rd party, to whom GreenMobility has transferred the claim. In the case where a claim is transferred, the User will be informed by either GreenMobility or the 3rd party, depending on the type of claim and the country.

 

14. Duration and Termination

14.1. A User registration with GreenMobility is entered into for an indefinite period of time and shall end upon termination by one of the parties. Any registration will end in the event of the User’s or company’s bankruptcy, suspension of payments or debt restructuring, in each case at the time it is declared or determined.
14.2. The registration can be cancelled by the User at any time by notifying Customer Services. Any payments owed must be paid by the User, before the User can be finally deleted in GreenMobility’s system.
14.3. GreenMobility is entitled to terminate the registration unilaterally with immediate effect in the following cases:

  1. in the event of late payment after the notice of default regarding the price for the use of a car. (Parking)fines and/or other costs are immediately due and payable. Late payment of (parking) fines and/or other costs can therefore lead to immediate unilateral termination by GreenMobility;
  2. if it appears that during registration or during the term of the registration, incorrect information was provided or not provided and therefore GreenMobility cannot be expected to continue the registration and therefore the agreement;
  3. if, after being served with a notice of default, the User fails to comply with his/her obligations arising from the registration and the accompanying Terms and Conditions;
  4. in the event of any suspicion by GreenMobility of abuse, fraud or other improper actions by/of User or persons who have access to User identification data, to be assessed solely by GreenMobility. This also applies in the event that User allows someone other than User to drive a car.

14.4. If registration is terminated before the car has been validly returned in accordance with the Terms and Conditions, GreenMobility shall have the following rights in particular:

  1. right to the rental fee until the car has been validly returned,
  2. right to immediate revindication of the car, at the expense of the User if the User does not validly return the car immediately,
  3. right to full compensation.

14.5. GreenMobility shall be entitled to immediately suspend its possible obligations towards the User until complete settlement of a claim.

 

15. Personal data

15.1. In connection with the Users registration or sign up to a subscription, the User grants GreenMobility permission to send news and similar information to the customer’s email address. The User has the right to, at any time, withdraw the permission by emailing to GreenMobility.
15.2. GreenMobility collects, stores and processes personal information about the User. Details of that information can be found in GreenMobility’s privacy policy at greenmobility.com. GreenMobility adheres to current GDPR legislation, and local laws where applicable and where they may superseede GDPR.
15.3. The User has the right to submit a complaint about GreenMobility’s processing of the User’s information to:

Belgium:
Belgian Data Protection Agency
Tel.: +32 2 274 48 00
E-mail: [email protected]

Denmark:
Danish Data Protection Agency
Tel.: +4533193200
E-mail: [email protected]

Finland:
Finnish Data Protection Agency
Tel.: +358 29 566 6700
E-mail: [email protected]

The Netherlands:
Personal Data Authority
Tel.: (+31) – (0)70 – 888 85 00
https://www.autoriteitpersoonsgegevens.nl

15.4. Certain companies may be employed by GreenMobility to perform various work in connection with the services provided by GreenMobility. These companies may have access to personal information if it is necessary for performing the work, but they can only use the personal data necessary for performing their work, and they may not use it for other purposes. The identities of the companies in question can be found in our privacy policy at greenmobility.com.
15.5. GreenMobility reserves the right to use and disclose personal data if it is necessary to comply with legislative requirements, to comply with the User’s requests, or to assist in any legal investigations or cases about the security of life and property.
15.6. The User has the option of gaining full access to the personal data given to GreenMobility by the User. If the User at any time wants to change or delete the personal data GreenMobility has registered about the User, or if the User wants to change the access GreenMobility has to contact the User, the User can always contact GreenMobility and notify GreenMobility about it. The User may also have the personal data delivered to himself/herself or to a data controller chosen by the User. The User can contact GreenMobility on our local contact information which can be found in the footer on the website.
15.7. GreenMobility retains the right to store and process personal data, even after termination of the User’s account, based on local laws and regulations, related to traffic offense, accidents, fines and other relevant scenarios.

 

16. Right of withdrawal

16.1. The User has a right of withdrawal for 14 days from the date on which the User made the purchase. The right of withdrawal runs from the moment of purchase/registration.
16.2. The User must give GreenMobility written notice of cancellation before the deadline expires. It is sufficient that the message was sent before the deadline expired.
16.3. There is no right of withdrawal in case of reservation or use of the car.
16.4. The withdrawal right lapses if minutes have been used in part or fully.

 

17. Applicable law and jurisdiction

17.1. If the User and GreenMobility cannot find an amicable solution to the given problem, the User can submit a complaint through local consumer protection agencies.
17.2. These Terms and Conditions and any dispute between GreenMobility and the User will be construed in accordance with the local law and court based on the jurisdiction from where the car rental period began. Unless GreenMobility decides to use Danish law and courts.
17.3. If one or more of the provisions in the Terms and Conditions are declared invalid, the remaining provisions are still valid.

 

18. Validity and transfer

18.1. GreenMobility expressly reserves the right to make changes to these general Terms and Conditions and the Price List and to publish them on its website.
18.2. The agreement concluded between GreenMobility and User and the rights and obligations arising from it cannot be transferred to any third party without the prior written consent of GreenMobility. The User gives GreenMobility the right in advance, without needing the express permission of User, to transfer the entire agreement or parts thereof. If this occurs, GreenMobility shall inform the User accordingly.
18.3. If there is a discrepancy between the local and English versions of the Terms and Conditions, the English version of the general Terms and Conditions shall prevail.
18.4 The above Terms and Conditions also apply to the further rental options listed below, unless rejected below.

 

19. Prebooking

19.1. The price for prebooking a car is stated in the Price List.
19.2. A GreenMobility car can be delivered within the Zone in Copenhagen, Aarhus, Malmo, Gothenburg, Dusseldorf, Cologne, Antwerp, Ghent, and Helsinki.
19.3. A User can choose two options for delivery when prebooking a car. One is delivered to the door, which is defined as the nearest legal parking space near your address, cf. the rules for parking GreenMobility cars. The other way is to prebook a car with delivery within 500 meters from the Users address.
19.4. The car is available and reserved for the User 20 minutes before the delivery time and 1 hour afterward.
19.5. A User must prebook the car at least 10 hours in advance in Copenhagen and Aarhus, 12 hours in advance in Antwerp, Helsinki, Dusseldorf, and Cologne, and 24 hours in advance in Ghent.
19.6. Prebooking happens via our app under the menu “Book a car”. After confirming a prebooking, the User will get a confirmation by SMS and email.
19.7. Earliest 20 minutes before the time the car is ordered, the reservation begins in exactly the same way as the User knows it from normal reservations of our cars. Reservations after the 20 minutes cost an additional minute price c.f. the Price List.
19.8. If the User have not started a trip in the prebooked car within 60 minutes after the time the car was ordered, the reservation will be stopped and the car will be released to other users, who can freely reserve it like all other cars.
19.9. The User will be charged the prebooking price regardless of whether you start a trip in the prebooked car or not.
19.10. Cancellation can be made free of charge up until the minimum prebooking time in advance for each city.
19.11. The prebooking fee shall be calculated regardless of whether a trip has commenced in the reserved car or not.
19.12. Driving in a prebooked car follows all the same rules and conditions as normal driving in a GreenMobility car. This also applies to the consumption of minutes from the User’s account to the minute price you drive to. The car must be parked in all legal places within the Zone.
19.13. Not all car types are available for prebooking in any given city. You can always see the available car types in the app.

 

20. Business / Commercial Driving

20.1. This section contains the Terms and Conditions regarding driving through a business or company agreement with GreenMobility. We call this Business or Business Agreement.
20.2. The employee who drives on a Business Agreement is subject to the same general conditions as for private driving. But with the addition of the following rules.
20.3. The company that enters into the agreement accepts the following rules:
20.4. The settlement takes place either on the company’s credit card or via invoice. The chosen Business Agreement Administrator from the company chooses the wanted solution in the app.
20.5. Prices are the same for business driving as for private driving but are advertised excluding VAT.
20.6. The company pays for employees’ driving through the Business Agreement. This applies, among others, to fines, taxes, damages, fees, and liability responsibility. The company must keep GreenMobility indemnified for incidents caused by the employee.
20.7. The employee’s trips are logged and the history is displayed to the Business Agreement Administrator. The employee accepts this when registering for driving during work hours on the business account of the Business Agreement. Any privacy consequences in the employer-employee relationship are to GreenMobility irrelevant.
20.8. The employee’s trips shown on the business account of the Business Agreement always considered by GreenMobility to be vocational. Any matter between employer and employee is irrelevant to GreenMobility. And vice versa when driving on a personal account. Here, the employee must pay for himself and receive money from his employer as an outlay.
20.9. GreenMobility is not responsible for forgotten items or anything else left in the cars.

 

21. Subscription “GreenSaver”

21.1. The monthly payment called the “GreenSaver” gives the User access to various discounts and benefits with GreenMobility. GreenMobility offers one or more types of subscriptions. A User can only be registered at one subscription at the time.
21.2. Acceptance and purchase of a subscription is made through the app. The agreement is made when the User confirms the purchase in the app. Other benefits or saved minutes at GreenMobility can’t be exchanged for a subscription payment.
21.3. The subscription price is deducted monthly from the User’s associated credit card.
21.4. GreenMobility may at any time change the benefits and discounts associated with the User’s subscription, as well as the scope of these benefits and discounts. Likewise, GreenMobility may change the subscription price at any time with reasonable notice.
21.5. The price overviews, FAQs and GreenMobility’s marketing show which benefits and discounts are linked to the subscription. Be it e.g. the minute price, prepaid minutes, hourly and daily packages, prebooked cars and various area fees.
21.6. The benefits and discounts belong to the User alone and cannot be shared with others. In practice, this means that the subscription may not be used from several electronic devices. This is tracked automatically.
21.7. We reserve the right to close or block accounts by breach of our Terms and Conditions. Just as we reserve the right to cancel a subscription without notice regardless of the reason.
21.8. Attached to the User’s subscription purchase is the statutory right of withdrawal of 14 days. The User can only withdrawal if the subscription has not been used within 14 days. The User uses the subscription by, through the subscription, completing a purchase, using a benefit, or driving a trip.
21.9. The termination period runs over one month + one month from the date you subscribed. The User can cancel the subscription with 1 months’ notice until the end of the User’s payment period. A payment period starts on the date the User subscribes to the subscription. This means that the User, regardless of the termination date, will be deducted the subscription price on the next registration date, and the User will remain a subscriber of the benefits 1 month from the last payment date.
21.10. If a payment fails, the subscription automatically continues, but this happens without the included benefits and discounts. If the failed payment is due to the User’s own circumstances, an additional fee may be charged.

 

22. Third-party clause (Dutch Third-party clause)

22.1. Customer confirms and declares its understanding, and assent to the extent necessary, that Athlon is the owner of the vehicle, and that the respective vehicle is leased to Lessor by Athlon, which vehicle, in turn, is subleased by Lessor to User.
22.2. Notwithstanding the existence of this agreement, Lessor is obliged to return and deliver the vehicle to Athlon at the first request of Athlon and in accordance with its instructions, without Lessor being able to invoke any (retention) right towards Athlon. In the event of such a request, User shall fully and unconditionally cooperate with such a request, and return and deliver the vehicle to Athlon, without Athlon being liable for damages, costs or any liability whatsoever, and this agreement between Lessor and User shall terminate with immediate effect and without termination notice, provided that this agreement has not been transferred to Athlon in accordance with paragraph c below.
22.3. Parties agree that articles 7:226 and 7:227 of the Dutch Civil Code do not apply to the agreement between User and GreenMobility and Sublease.
22.4. This third-party clause (paragraphs a up to and including f) cannot be revoked, deleted or amended by Lessor or User without the prior written consent of Athlon .

 

Happy driving and thank you for making the world a little greener. If you have read this far, we want to thank you with 20 free minutes of driving with the voucher code: IREADTERMS. Add it under “Account” in the app. The minutes are valid for 2 months after the voucher code is added in the app.