Terms & Conditions
1. Scope and Contractual Partners
These General Terms and Conditions (hereinafter referred to as "GTC") govern the relationship between simpcar ag, Sägeweg 30, 3283 Kallnach, (hereinafter referred to as "simpcar") and the customer (hereinafter referred to as "customer").
2. Contract Components
The details of the contractually agreed services are set out in a written agreement between simpcar and the customer (hereinafter referred to as "agreement"). In the event of a conflict between these GTC and the agreement, the latter shall prevail. These GTC and contracts pertain to all aspects of general personal mobility services as well as separate insurance services based on individual general terms and conditions with third-party providers.
3. Conclusion of Contract
The conclusion of the contract requires that the customer is a competent natural or legal person with a permanent residence or company headquarters in Switzerland or the Principality of Liechtenstein, holding a valid driver's license for the relevant vehicle class, and deemed by simpcar to have sufficient creditworthiness. Simpcar reserves the right to obtain credit inquiries and economic information (e.g., debt register extract) about the customer.
The customer is obligated to provide various personal and financial details and submit corresponding documents. Simpcar concludes contracts with the customer at its own discretion.
In case of a positive decision, simpcar provides the customer with a pre-signed contract via an internet link on the website, granting access to the General Terms and Conditions, tariff regulations, insurance policies, and/or the General Terms and Conditions of third parties, as well as return policies and the privacy policy.
The contract is concluded if the customer agrees to the pre-signed contract.
4. Vehicle Order Description
As part of its service, simpcar provides the customer with a vehicle for personal use for the agreed service duration (Section 5). The services include several aspects described below.
The customer pays simpcar the monthly subscription fee agreed in the contract (general service) (hereinafter referred to as "subscription fee"; Section 18).
5. Vehicles
6. Traffic Licensing
Simpcar ensures traffic licensing (registration and provision of license plates and vehicle papers, etc.) before handing over the vehicle to the customer.
7. Highway Sticker
Simpcar equips the vehicle with a current highway sticker during the rental period.
8. Tires
Tires are provided by simpcar.
The customer is obligated to comply with legal regulations regarding tires. Necessary tire changes are carried out by a service partner commissioned by simpcar (partner garage) or by simpcar itself after prior consultation with simpcar. Upon the customer's request, simpcar arranges an appointment with the respective service partner. Simpcar decides individually on the size, manufacturer, brand, and material of the tires.
9. Repairs and Maintenance
simpcar arranges for maintenance and repairs. The customer is obligated to follow the manufacturer's instructions for use, maintenance, and repair, as well as any regulatory requirements (e.g., technical inspections). Necessary repair and maintenance work are carried out only after prior consultation with simpcar and at service partners (partner workshops) designated by simpcar.
10. 24h Roadside Assistance and Replacement Vehicle
If maintenance or repair work or an accident necessitates it, simpcar provides the customer with a replacement vehicle and necessary 24h roadside assistance. If workshop activities on the vehicle last longer than 2 hours and involve warranty work, service and inspections, or unintentional repair needs, simpcar offers the customer a replacement vehicle during this time to ensure that the customer does not experience vehicle downtime. There is no entitlement to a replacement vehicle for workshop activities lasting less than 2 hours or for tire changes. Simpcar endeavors to provide the customer with a comparable replacement vehicle but cannot guarantee that it will be an equivalent vehicle.
11. Motor Vehicle Tax
The vehicle is registered with simpcar or other companies represented by simpcar; simpcar pays the required motor vehicle taxes.
12. Liability Insurance
The customer and the authorized user are insured through the motor liability insurance arranged by simpcar. The insurance covers personal and property damage to third parties up to CHF 100 million. The respective separate insurance conditions apply, which describe the insurable benefits and exclusions of the insurance in detail. Upon request and for a separate fee, the customer can include gross negligence.
13. Comprehensive Insurance
Simpcar insures the vehicle with comprehensive insurance. This insurance covers the costs of repairing the vehicle, including headlights (including glass). In the event of a total loss, the insurance pays out the value of the vehicle to the owner. The respective conditions of the individual insurance apply, which describe the insurer's benefits and exclusions of comprehensive insurance in detail. Each vehicle is additionally secured with parking damage insurance.
14. Deductible and Customer Liability
At contract conclusion, the customer has the option to negotiate the deductible of the relevant insurance benefits with simpcar and adjust it individually for an additional fee. The deductible for liability insurance for drivers under 25 years of age is excluded. The following deductible generally applies:
Liability insurance: CHF 0.- (drivers under 25 years: CHF 1000.-)
Comprehensive insurance: CHF 0.-
Collision insurance: CHF 1000.-
Parking damage: CHF 500.-
If an insurance benefit is excluded or reduced due to the customer's negligent behavior, simpcar is entitled to hold the customer liable for damages not covered by the insurance.
15. Security Deposit
To secure all claims against simpcar arising from or in connection with the contractual relationship, the customer may be required to pay a security deposit before the vehicle is delivered. The amount of the deposit is determined in the contract. During the contract period, simpcar may additionally demand a deposit payment from the customer if the customer fails to meet their payment obligations. Simpcar is entitled to offset all claims arising from or in connection with the contract with the deposit. Without offsetting, the deposit will be refunded or credited to the customer upon return of the vehicle (without interest).
16. Fee
17. Contract Duration, Duration of Services
The contract has a fixed duration. Generally, the agreed rental period specified in the contract applies. After the expiry of an agreed minimum contract period, monthly termination is permissible. Termination in this case requires a notice period of 30 days to the end of a month and must be in writing. If neither party terminates the contract, it will automatically renew for another month. However, the right to terminate prematurely according to Clause 19.1 or upon reaching the maximum contract duration of four years remains reserved in all cases.
18. Obligations at Contract End
19. Early Contract Termination
20. Information Obligations
The customer is obliged to inform simpcar immediately about the following points:
- Changes in circumstances compared to the time of contract conclusion (address, name change, guardianship, etc.),
- Loss and withdrawal of the driver's license
- Repair and maintenance work; Tire change
- Vehicle defects
- Accidents, breakdowns, damages
- Possible seizure or retention or other seizure of the vehicle
- Offenses related to the vehicle,
- Loss of the vehicle
In the event of possible seizure of the vehicle by third parties, the customer is obliged to refer to the property rights under the lease agreement and the present terms and conditions. The customer bears all costs incurred by simpcar for asserting its ownership rights
21. Fines, Penalties
The customer bears all fines, penalties, and any other costs (including legal fees, court or procedural costs, and third-party claims) related to violations, offenses, or related proceedings themselves.
simpcar is obliged and entitled to provide authorities, courts, and other third parties (if necessary) with the name and address of the customer or authorized user.
22. Data Protection
simpcar processes personal data of customers or authorized users in accordance with applicable data protection law (DSG). The customer acknowledges the respective privacy policy (www.simpcar.ch/datenschutzbestimmungen).
23. Liability of simpcar
simpcar is liable exclusively for intent or gross negligence for damages incurred by the customer in connection with the contractual relationship. Any reduction in the usability of the vehicle due to service or repairs does not entitle the customer to a reduction in the subscription fee or other compensation.
24. Settlement and Assignment
simpcar reserves the right to offset its claims against any counterclaims of the customer. The customer may set off counterclaims recognized by simpcar or legally established with the monthly flat rate of the contract. However, other offsets are not permitted for the customer.
It is expressly permitted for simpcar to assign or pledge this contract or the rights arising therefrom, in whole or in part, to third parties. Such assignment or pledge shall have no effect on the content of the contract or the obligations towards the customer. Such assignment may be made without the specific consent of the customer. If necessary, the customer undertakes to sign all necessary documents and to carry out all formalities and changes to payment instructions required in the event of such assignment or pledge.
However, the customer is only entitled to assign this contract or the rights arising therefrom to a third party in whole or in part with the prior written consent of simpcar.