Terms & Conditions

MOBILIO Airbag – Covers Excess for Car-Sharing Accidents

1. REIMBURSEMENT OF THE DAMAGE FEE (PROMISE OF SERVICE)
   If the user (“User”) has purchased Mobilio Airbag in accordance with these terms and provides evidence that all requirements (see point 2) have been met, Mobilio will refund to the User the Damage Fee paid to the car-sharing company within the framework of the liability limitation for the car-sharing user, under consideration of the maximum limits mentioned in point 4. Such payment will occur within 30 days to a bank account specified by the User.
2. REQUIREMENTS
   The Mobilio Airbag service (the “Service”) commitment applies exclusively to Car-Sharing rides in the following countries: Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Cyprus, Czech Republic, Denmark (incl. Faroe Islands), Germany, Estonia, Finland, France (incl. Corsica), Gibraltar, Greece, Hungary, Iceland, Italy (incl. Vatican City State, San Marino, Sicily and Sardinia), Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal (incl. Azores and Madeira), Romania, Russia (major cities in the European part), Serbia, Slovakia, Slovenia, Spain (incl. Balearic and Canary Islands, Ceuta, Melilla), Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, and USA. In addition, the following conditions must be fulfilled by the User:
   • The User has not violated the Terms of Use of the Mobilio app.
   • The User has paid for the Service at the Mobilio Marketplace via his or her Mobilio app and has entered his or her data correctly during the purchase of the Service.
   • The Service must be purchased before the start of the journey. After purchasing the Service, the User has a maximum of 30 minutes to start a Car-Sharing ride. The Service is valid for the next continuous ride with a maximum duration of one hour. The recognition of a ride and its end is determined by the trip recognition system of the Mobilio app. In order to make use of the Service for a subsequent ride, a new Service must be purchased, even if the previous ride lasted less than one hour.
   • If the activation period of 30 minutes elapses without the Mobilio app registering a ride, the Service is considered to be consumed.
   • The trip is detected via the Mobilio app installed on the user’s smartphone. As soon as a trip starts within the activation period, the Service is considered active.
   • The User can prove that during the journey in which the accident occurred, he or she has complied with the contractual and business conditions of the Car-Sharing company.
   • The User can prove, on the basis of the records of the Mobilio app, that he or she has completely refrained from using the smartphone during the journey in which the accident occurred. The User grants Mobilio the right to examine all necessary data of the ride. Mobilio does not accept liability for faulty recordings or activity recognition.
   • The User must provide Mobilio with proof of payment of the Damage Fee charged by the Car-Sharing company within 14 days of the invoice date, and at the same time submit the corresponding Request for Payment from the Car-Sharing company.
   • The User files an accident report with Mobilio and provides Mobilio with all information, damage reports, documents, invoices and reports in written form (e.g. police report, copy of driving licence, accident pictures, Mobilio app contract number, as well as any other documents requested by Mobilio) which are necessary for Mobilio to verify the details of the accident beyond doubt.
   • The damage was not caused intentionally or through gross negligence by the User.
   • The User has adhered to the road traffic regulations and all applicable laws.
   • The User was driving the vehicle herself at the time of the accident, and the accident took place in the same country in which the Car-Sharing ride was started.
3. DEFINITION OF ACCIDENT AND COVERED CLAIMS
   An accident is any sudden event causally linked to road traffic that occurs on public roads and causes personal injury or damage to property. Only accidents not caused intentionally or through gross negligence by the user are covered by the Service. For all other damage, such as damage caused by improper handling and/or operation of the vehicle, for example due to errors when switching gears, ignoring warning lights, faulty refuelling through the fault of the user, improper transport of cargo inside the vehicle, as well as vandalism or parking damage, and damage that did not occur during a journey, no reimbursement of the Damage Fee can be made.
4. CAR-SHARING COMPANIES AND COUNTRIES
   The Service is valid for the following car sharing companies in Europe and North America:
   • Zipcar: The maximum Damage Fee per claim covered by the Service is EUR 1,000 in Europe and USD 1,000 in North America.
   • Share Now: The maximum Damage Fee per claim covered by the Service is EUR 1,200 in Europe and USD 1,200 in North America.
5. VALIDITY
   Mobilio’s promise of performance regarding the reimbursement of the Damage Fee in the event of an accident when using a Car-Sharing service is valid until revoked. Mobilio reserves the right to limit or discontinue the availability of the service at any time without giving reasons. Legal recourse is excluded in any case.
6. LIMITATION OF LIABILITY
   To the fullest extent permitted by law, Mobilio shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this website, the Service, or content found on this website, or (b) unless resulting from the gross negligence or intentional actions of Mobilio, the unauthorized access to or alteration of your transmissions or data, even if Mobilio has been advised of the possibility of such damages.
7. USER REPRESENTATIONS
   You understand that if you provide incorrect or incomplete information it may affect the value of the Service to you. You state to us that:
   • You have the power, authority, and are of sufficient legal age to enter into these terms.
   • You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity.
   • The information that you provide to us will be current, true, accurate, supportable, and complete.
   • You are at least 18 years old.
8. GENERAL
   These terms and conditions of participation are exclusively subject to Austrian law without its reference norms. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. An invalid provision or a loophole in these terms and conditions shall be replaced or supplemented by a provision that corresponds as closely as possible to the intended economic purpose and is legally permissible.