Legal notice
This is a commercial Internet presence. All prices indicated are including 19% German VAT.
Company address:
Mobility Marketing Operations GmbH
HRB 25823
Managing Director: Phillipp Müller
Ölweide 12 | 39114 Magdeburg, Germany
EU VAT ID: DE320774759
Person in Charge: Phillipp Müller
Responsible According to the Press Law: Phillipp Müller
Contact: Email: [email protected]
Internet: https://en.drivar.at
Copyright: © 2017-2024
All rights reserved. Responsible for the design of this Homepage is Phillipp Müller. Layout and design as well as the information contained are subject to copyright law. This needs to be considered when information of third parties’ are used or copied on this web page for the use of information gathering. Registered and not registered trademarks of this Internet presentation or third parties may not be used without a previous written consent in advertising material or other exposures in the context of spreading of information. All data, especially technical data and driving performance data of the rental cars, is without guarantee.
Any liability concerning the usage of the published contents shall be excluded.
This web page was designed, published and kept up to date by Philipp Müller.
Further General Terms and Conditions:
Data Protection:
With preparation, end, winding up and back winding up of a rental contract we gather, store and process data within the scope of legal provisions. When visiting our internet sites your current IP-address, date and time, browser type and the operating system of your PC as well as the sites you visited will be protocoled. Drawing inferences from this about your personal data is neither possible nor intended. The personal data you give us via bookings or emails (for example your name and contact details) will only be used for corresponding with you and for every other use you agreed on. We only provide your data to our shipper as long as it is necessary for the delivery of your goods. For the processing of payments we must pass on the relevant data to the authorized banking institution. We assure you not to forward your
personal data to third parties except for legal requirements or with your explicit consent. As far as we take up services of third parties for the realization and winding up of processing processes, the regulations of
the federal data protection act are kept.
Duration of Storage of Data:
Personal data we received via our web page is only stored for the purpose it was collected for. The duration of storage of certain data can amount up to 10 years, as far as storage periods have to be adhered according to commercial law and tax law.
Your Rights:
If you no longer agree with the storage of your personal data or if the data is no longer correct, we will cause the deletion or disabling of your personal data on your notice or make the necessary corrections (as far as this is possible according to applicable law). On request, you will receive free information about all your stored personal data. If you have questions regarding the collection, processing or use of your personal data, for further information, correction, blockage or deletion of data
please contact
Mobility Marketing Operations GmbH
Ölweide 12,
39114 Magdeburg, Germany.
Phone Number: +49 (0) 1590 / 01366 437
Email: [email protected]
Links to Other Websites:
As far as we refer or link to third parties’ websites from our domain we can assume no warranty or liability for the accuracy or completeness of its contents or data security. Since we have no influence on the
compliance of third parties legal stipulations concerning data protection, you should review the privacy policies separately in each case.
Applicable Law and Jurisdiction:
This agreement is subject exclusively to German law. This law only applies to customers if no mandatory legal provisions are restricted from the state in which the consumer has his habitual abode. The general
place of jurisdiction is Magdeburg, provided that the customer is not consumer.
Exclusion of Liability:
1. Website Content:
The author excludes all liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author regarding damage of a material or non-material nature resulting from the use or disuse of the provided information and/ or the use of incorrect and incomplete information will therefore be rejected, provided that the author is not guilty of demonstrably willful or
gross negligence. All offers are non-binding and without obligations. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. References and Links:
For direct or indirect references to foreign Internet pages (‘hyperlinks’), which are beyond the responsibility of the author, a liability would only come into force, if the author technically or reasonably has knowledge of the contents, and to avoid the usage in case of illegal contents. The author herewith expressively declares that there were no illegal contents visible when the link was created. The author has no influence on the current and future design, contents and authorship of the linked pages.
Therefore he expressively dissociates himself from all contents of the linked pages that were modified after the referencing. This declaration applies for all links and references within the Internet service as well as for every entry in the guestbook, discussion forums, links directories and mailing lists that were set up by the author. For illegal, wrong or incomplete contents and in particular for damages caused by the usage or non-usage of provided information, only the provider of the linked site may be held liable and not the one providing the link to the corresponding publication.
3. Originator and Characteristic Right:
The author endeavors in all his publications to respect the copyright of the graphics, sound documents, video sequences and texts it utilizes, to make use of graphics, sound documents, video sequences and texts created by the author himself or to have recourse to graphics, sound documents video sequences and texts that are in the public domain. All brands and trademarks that are mentioned on this website and are possibly protected by third parties are subject to the regulations of the valid trademark legislation and the property rights of the registered owner. The mention alone should not lead to the conclusion that
trademarks are not protected. The copyright in published objects produced by the author himself such as audio and video recordings, photos and covers, is owned solely by the author of the webpage.
Reproduction or use of such graphics, sound documents, video sequences or texts in any electronic or printed publications without the author’s express permission is prohibited. If you, despite of this, become
aware of any copyright infringement, we kindly ask you for a corresponding notice.
4. Data Protection:
If the webpage offers the possibility of entering personal or business data (email addresses, names, addresses) the user gives this kind of information on a voluntary basis. The utilization and payment of all
offered services is – insofar as technically possible and reasonable – feasible without providing such data or by using anonymized data or an alias. The use of published data through third parties within the site
notice, such as postal addresses, telephone numbers, fax numbers and email addresses, is not allowed. Legal steps against the senders of spam mails in case of violation of this prohibition are expressly reserved.
5. Legal Effect of this Legal Disclaimer:
This legal disclaimer is to be seen as a part of the Internet service which referred you to this page. If parts or single formulations of this text may no longer or not completely correspond to the valid legal situation, the remaining parts and the validity of the documents and their contents remain untouched.
Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of
the Mobility Marketing Operations GmbH.
The use of the Internet pages of the Mobility Marketing Operations GmbH is possible without any
indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the
Mobility Marketing Operations GmbH.
By means of this data protection declaration, our enterprise would like to inform the general public of the
nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller,
the Mobility Marketing Operations GmbH
has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the
Mobility Marketing Operations GmbH
is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the
general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
• a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
• c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or
destruction.
• d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
• e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a pecific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
• g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the
processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; he processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
• j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Mobility Marketing Operations GmbH
Ölweide 12
39114 Magdeburg
Germany
Email: [email protected]
Website: http://en.drivar.at
3. Cookies
The Internet pages of the Mobility Marketing Operations GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a socalled cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers
can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. Through the use of cookies, the
Mobility Marketing Operations GmbH
can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the
Mobility Marketing Operations GmbH
collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be
(1) the browser types and versions used, ‘
(2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches our website (so-called referrers),
(4) the sub-websites,
(5) the date and time of access to the Internet site,
(6) an Internet protocol address (IP address),
(7) the Internet service provider of the accessing system, and
(8) any other similar data and information that may be used in the event of
attacks on our information technology systems. When using these general data and information, the Mobility Marketing Operations GmbH
does not draw any conclusions about the data subject. Rather, this information is needed to
(1) deliver the content of our website correctly,
(2) optimize the content of our website as well as its advertisement,
(3) ensure the long-term viability of our information technology systems and website technology, and
(4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the
Mobility Marketing Operations GmbH
analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller. By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject— date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users
due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of the Mobility Marketing Operations GmbH, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are
transmitted, as well as when the newsletter is ordered from the controller.
The Mobility Marketing Operations GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if
(1) the data subject has a valid e-mail address and
(2) the data subject registers for the newsletter shipping.
A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time
for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the email address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the ewsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
7. Newsletter-Tracking
The newsletter of the Mobility Marketing Operations GmbH contains socalled tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file
recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Mobility Marketing Operations GmbH may see if and when an e-mail was opened by a data subject, and which links in the email were called up by data subjects. Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The
Mobility Marketing Operations GmbH
automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the Mobility Marketing Operations GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Subscription to comments in the blog on the website
The comments made in the blog of the Mobility Marketing Operations GmbH may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.
If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address
decided in favor of this option. The option to subscribe to comments may be terminated at any time.
10. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
11. Rights of the data subject
• a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
• b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data subject access to the following information:
◦ the purposes of the processing;
◦ the categories of personal data concerned;
◦ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
◦ where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
◦ the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
◦ the existence of the right to lodge a complaint with a supervisory authority;
◦ where the personal data are not collected from the data subject, any available information as to their source;
◦ the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
◦ Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
• c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her.
Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
• d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
◦ The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
◦ The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
◦ The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
◦ The personal data have been unlawfully processed.
◦ The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
◦ The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
• If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Mobility Marketing Operations GmbH, he or she may, at any time, contact any employee of the controller. An employee of Mobility Marketing Operations GmbH shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Mobility Marketing Operations GmbH
will arrange the necessary measures in individual cases.
• e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
◦ The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
◦ The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
◦ The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
◦ The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
• If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the
Mobility Marketing Operations GmbH,
he or she may at any time contact any employee of the controller. The employee of the
Mobility Marketing Operations GmbH
will arrange the restriction of the processing.
• f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the
processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing
is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Mobility Marketing Operations GmbH.
• g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Mobility Marketing Operations GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Mobility Marketing Operations GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or
her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Mobility Marketing Operations GmbH to the processing for direct marketing purposes, the Mobility Marketing Operations GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Mobility Marketing Operations GmbH
for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the Mobility Marketing Operations GmbH. In addition, the data subject is free in the context of the use of
information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
• h) Automated individual decisionmaking, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision
(1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller,
or
(2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision
(1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
(2) it is based on the data subject’s explicit consent, the Mobility Marketing Operations GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning
automated individual decision-making, he or she may, at any time, contact any employee of the Mobility Marketing Operations GmbH.
• i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Mobility Marketing Operations GmbH.
12. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is
the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure.
Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
13. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f. GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
15. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data
would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee
clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
17. Existence of automated decisionmaking
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with RC GmbH, which sells used IT and the filesharing
Lawyers from WBS-LAW.
General Terms and Conditions of DRIVAR®
Valid from 01.01.2022
Scope of application
The following General Terms and Conditions of Use contain the basic rules for the use of the online platform
DRIVAR of Mobility Marketing Operations GmbH,
Ölweide 12,
39114 Magdeburg,
represented by the Managing Director Phillipp Müller
(hereinafter referred to as “DRIVAR”) and for all, including future, legal transactions and actions similar to legal transactions between the user and DRIVAR. Terms and conditions of the user deviating from these terms and conditions shall not apply.
For vehicle providers, the separate Terms of Use for Vehicle Providers also apply.
Subject
2.1 DRIVAR operates an online platform which enables the conclusion of rental and lending contracts of all kinds between Users (referred to as: Service). DRIVAR itself does not offer any objects for rental or lending and does not become party to the rental or lending contracts to be concluded. These are concluded exclusively between individual users. 2.2 “Users” in the sense of these Terms of Use are all natural persons or legal entities or associations of persons who use the service of DRIVAR
for information purposes or for initiating or concluding rental/loan contracts, irrespective of whether they intend to conclude such contracts as tenants/loaners or lessors(lenders).
Registration / User Account
3.1 The use of the Service is generally possible without registration. Registration is only required for the use of certain functions of the Service or when using the Service as a Lessee/Lender.
3.2 By registering, a contract on the use of the Service is concluded between the User and DRIVAR. The registration and the creation of the user account are free of charge. Minors and other natural persons
without or with limited legal capacity are not allowed to register.
3.3 The user is obliged to provide the data collected during registration truthfully and completely. In case of a change of the collected data after registration the User has to update his data in his user account
immediately or – if this is not possible – to inform DRIVAR immediately about the changes. By submitting the registration form the User makes an offer to enter into a user agreement with DRIVAR, agrees to
DRIVAR’s General Terms of Use and assures that he is not excluded from using the Service according to section 3.2.
3.4 DRIVAR reserves the right to refuse the User’s registration without giving reasons.
3.5 If DRIVAR accepts the registration, the User will receive a confirmation e-mail which also summarizes the User’s most important data. Upon receipt of the confirmation e-mail the user agreement between DRIVAR and the User is concluded. In order to complete the registration, the User must reply to the confirmation e-mail in accordance with the instructions contained therein.
3.6 When registering, the User may specify a user name and password (hereinafter referred to as “Access Data”) within the scope of technical possibilities. User names whose use violates the rights of third parties, in particular rights to a name or trademark, or which are otherwise illegal or contrary to public morality, are not permitted. The user must keep the access data secret and protect it from access by unauthorized third parties. If the User has lost his access data or if he notices or suspects that his access data is being used by a third party, he has to inform DRIVAR immediately.
3.7 DRIVAR is entitled to block the user account immediately:
If false information was provided during registration
In case of loss or suspected misuse of the access data by a third party
If the user has violated the General Terms of Use of DRIVAR
Or if there is any other important reason
In case of blocking of the user account, the affected user is prohibited from re-registering with DRIVAR and from opening a new user account until DRIVAR has given its explicit prior consent.
Conclusion of brokerage contracts
4.1 The User can make a binding request for the conclusion of a rental/ lease contract via the specified vehicle advertisements or a non-binding request via the contact form / by email. DRIVAR will then arrange the contact to the respective vehicle provider for the conclusion of a rental contract via the data entered by the User in the contact form. With the confirmation of the request by DRIVAR a separate brokerage contract between DRIVAR and the respective user will be concluded. The amount of the brokerage fee – unless otherwise stated in the amount of 25% of the rental price – is already included in the agreed rental price and will be paid to DRIVAR directly by the renter in the form of a down payment invoice. Payment is only possible by bank transfer, credit card, or PayPal – Cash payment is not possible! Within the framework of the reservation, the user undertakes to pay this down payment invoice within a short period of time, at the latest, however, within a period of 7 days from the date of the invoice – otherwise DRIVAR is entitled to cancel the reservation again and to charge the user the corresponding cancellation fees.
4.2.1 Cancellation of rental agreement:
In case of cancellation of the rental by the user, cancellation fees will be charged by the vehicle provider, which amount to between 50% and 100% of the agreed rental price. By taking out a higher rental rate, the renter can generally reduce these cancellation fees to 75% (Standard Rate product), 50% (Premium
Rate products) or 25% (Luxury Rate product). In case of cancellation within 48h before the beginning of the rental, the cancellation fees will always be 100% of the rental amount. The Lessee is free to provide
evidence that the damage incurred was less.
4.2.2 Cancellation of agency contract:
The agency contract remains unaffected by a cancellation of the rental, regardless of whether it is made by the User or the respective vehicle provider. In case of cancellation by the vehicle provider, however, DRIVAR is obliged to enable a subsequent fulfillment of the rental on another date, to offer an equivalent replacement vehicle of similar type from the same rental company or to arrange another vehicle provider with such a replacement vehicle. If no vehicle of the same manufacturer is available, DRIVAR has the right to provide a vehicle of similar type from another manufacturer.
In order to ensure this, the User undertakes to inform DRIVAR immediately in case of any problems arising during the rental or in case the vehicle provider is suddenly unable to provide the vehicle.
4.3 The use of the vehicles at motor sport events, trackdays, regularity tests, driving safety trainings, test drives on closed tracks, for further renting, for committing crimes, for transporting easily inflammable or
dangerous substances is prohibited – without written permission by the Lessor, which must be requested in advance. In the event of excessive wear and tear, the Lessor reserves the right to transfer the costs of
repair to the Lessee on a pro rata basis or in full.
4.4 The minimum age for the vehicles listed on DRIVAR for rental is indicated in the respective vehicle advertisement or can alternatively be found out in the context of an inquiry. Under certain circumstances,
individual vehicles can be rented with a reduced minimum age. A corresponding request must be made by the user in advance. Use in countries outside Germany must also be requested in advance. If the renter violates this or does not provide truthful information in advance, the vehicle provider is always entitled to immediately cancel the rental at the regular cancellation fees.
4.5 The information about the advertised vehicles is provided by the vehicle providers. DRIVAR therefore does not guarantee the accuracy and timeliness of this information. Also DRIVAR does not guarantee or
assure a certain color or body shape. Guaranteed characteristics are only the vehicle brand and the type of the vehicle according to the booking request.
4.6 DRIVAR makes every effort to prevent fraudulent use of the service. Unfortunately, however, it cannot be ruled out that this happens nevertheless in individual cases. Therefore, DRIVAR cannot assume any
liability that the identity of a user corresponds to the information provided by him. It is recommended to establish the identity of the respective other contracting party before exchanging services.
4.7 Rental Rates: During the booking process, the user has the option to conclude a so-called rental rate – This is divided into the categories “Economy”, “Standard”, “Premium” and Luxury, whereby the “Economy
Rate” is always included in the rental price. The higher rates guarantee, among other things, that the booked vehicle has comprehensive insurance on the part of the respective owner, offer the possibility of
reducing cancellation fees or adding additional drivers to the rental contract.
Likewise, these rental rates offer the possibility to reduce the deductible of the vehicle’s own comprehensive insurance on a percentage basis in case of damage or, in case of damage, DRIVAR will take over the difference between the actual deductible of the underlying vehicle comprehensive insurance of the rental company and the deductible resulting on a percentage basis (Standard: 0% of the deductible / Premium: 25% deductible / Luxury: 50% deductible, whereby the indicated percentage values show in each case the maximum difference taken over by DRIVAR). In case of damage and claiming the reduction of the deductible, the user undertakes to provide DRIVAR immediately upon request with all information and documents necessary for the verification of the facts, in particular a proof of the official self-drive rental insurance of the vehicle, a damage report from the vehicle return and a cost estimate / repair invoice of the damage incurred. Should the user not or not fully comply with this obligation, DRIVAR is entitled to refuse to pay the difference to the vehicle deductible.
DRIVAR itself explicitly does not sell insurance.
Use of personal data by users
Contact data of others contained in DRIVAR’s service or of which the user otherwise becomes aware in the course of using the service may only be used by the respective contracting parties for the purpose of
processing concluded rental/lease agreements. In particular, it is prohibited to use such data for advertising purposes and to send the data subject unsolicited e-mail, fax or postal mail advertising or to make unsolicited telephone contact with the data subject.
Use of personal data by DRIVAR
Contact data of the users, which are collected in the service of DRIVAR or of which DRIVAR gains knowledge in the course of using the service, may be used by DRIVAR both for the purpose of processing concluded rental/lease contracts and to send the user e-mail, fax or postal mail
advertising or to contact him by telephone.
Termination
7.1 The User may terminate this User Agreement at any time. For termination it is sufficient to send a corresponding declaration in text form to the contact details mentioned in clause 4.
7.2 DRIVAR may terminate the User Agreement at any time subject to a notice period of two weeks. The right of extraordinary termination remains unaffected.
Liability
8.1 DRIVAR shall be liable for damages of the Users according to the statutory provisions, provided that the damages have been caused intentionally or by gross negligence, they are the consequence of the
non-existence of a guaranteed quality of the service, they are based on a culpable violation of essential contractual obligations (see paragraph 2), they are the consequence of a culpable injury to health, body or life, or for which a liability according to the Product Liability Act is provided.
8.2 Material contractual obligations are those contractual obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on, and the violation of which, on the other hand, jeopardizes the achievement of the purpose of the contract.
8.3 In all other respects, both our liability and that of our vicarious agents and assistants shall be excluded, irrespective of the legal grounds.
Indemnification
9.1 The User indemnifies DRIVAR from all claims of third parties, which they assert against DRIVAR because of posted contents. The indemnification includes in particular the costs of a necessary legal
defense.
9.2 In case of a claim against DRIVAR the user is obliged to provide immediately, truthfully and completely all information DRIVAR needs for the examination of the claims and the defense.
Prohibition of set-off
10. The User is not entitled to set-off, unless the counterclaims have been legally established or are not disputed by DRIVAR.
Place of Jurisdiction/Applicable Law
11.1 If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Magdeburg.
11.2 The contract shall be governed exclusively by the laws of the Federal Republic of Germany.
Changes to the General Terms of Use
12.1 DRIVAR has the right to supplement the General Terms of Use with regulations for the use of any newly introduced additional functions. The planned changes of the Terms of Use will be announced to the User by e-mail to the e-mail address provided by the User at least four weeks before the planned coming into force. The User’s consent to the amendment of the Terms of Use shall be deemed granted if he does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, starting with the day following the notification of the amendment. DRIVAR undertakes to separately point out in the notice of change the possibility of objection, the period for objection, the text form requirement as well as the meaning or the consequences of failure to object.
12.2 If the User objects to the amendment of the Terms of Use in due form and time, the contractual relationship shall be continued under the previous terms and conditions. In this case DRIVAR reserves the right to terminate the contractual relationship.
12.3 An amendment of the Terms of Use with the User’s express consent is possible at any time.
Miscellaneous
13.1 The contractual relations of the contracting parties shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.
13.2 In the event that one of the provisions of these Terms of Use is invalid or partially invalid, this shall not affect the validity of the remaining provisions. An invalid or partially invalid provision shall be replaced by the provision that comes closest to the original provision from an economic point of view.
Special terms and conditions for the purchase of vouchers
Vouchers: The voucher is valid only to the extent of the described content and for the described vehicle. A redemption of the vouchers is only possible according to the availability of the vehicles, exceptions
may be permitted by the lessor for an additional charge. The vehicle can be picked up at the locations located in Germany if available or delivered to the desired address for an additional charge. There is no entitlement to redemption at a specific location. The original voucher as well as a valid identity card and driver’s license of the driver must be presented at the time of redemption. An exchange and a – also partial – payment of the voucher or a possible remaining credit is not possible. A combination
with other vouchers and/or discounts is excluded. Upon redemption, a contract is concluded, the basis of which are the used GTC’s of DRIVAR.
If it is not otherwise stated on the voucher, the economy rate is the selected rental rate.
Special terms and conditions for the use of DRIVAR® by vehicle providers.
Valid as of 01.01.2019
1. Scope of application
1.1 The following Special Terms and Conditions contain the additional rules for the use of the online services of
Mobility Marketing Operations GmbH,
Ölweide 12,
39114 Magdeburg,
represented by the Managing Director Phillipp Müller,
by Vehicle Providers ( in the following: “Special Terms and Conditions”).
They apply to all, also future legal transactions and acts similar to legal transactions between the vehicle
provider and DRIVAR. Terms and conditions of the vehicle provider deviating from these terms and conditions shall not apply.
1.2 If the following Special Terms and Conditions contain provisions that deviate from the General Terms and Conditions of Use applicable to all Users, the Special Terms and Conditions shall take precedence over the General Terms and Conditions of Use.
2. Content of the Service, Registration
2.1 Registration is required to use the Service as a Vehicle Provider.
This registration is free of charge. In return, commercial providers are only obligated to place the DRIVAR logo including a link to “www.en.drivar.at” on their homepage.
2.2 Depending on the contract model, costs are incurred by the vehicle provider either when listing vehicles and for related additional services, when interested tenants/loaners contact DRIVAR or when concluding a rental/loan contract with a tenant/loaner. When concluding a contract with DRIVAR, the vehicle provider may avail himself of the assistance of a sales consultant. In this case, a one-time processing fee will be charged, which will be agreed upon individually.
2.3 Registration as a vehicle provider is in principle only permitted for commercial purposes, registration as a consumer is excluded. The only exception to this is the commission model described in section 4.1,
which also allows consumers to register as vehicle providers. 2.4 By submitting the registration form, a corresponding email or accepting a referred rental customer, the vehicle provider makes an offer
to conclude a usage agreement with DRIVAR, agrees to the General Terms of Use and the Special Terms and Conditions for Vehicle Providers and assures that he is not excluded from using the service
according to section 2.2 of these terms and conditions or section 3.2 of the General Terms of Use.
With regard to registration as a Vehicle Provider, the provisions of sections 3.2, 3.3, 3.5 and 3.7 of the General Terms of Use shall apply accordingly.
2.5 The provision of the contractual services and the execution of the concluded rental/lease contract is the responsibility of the contracting parties. DRIVAR will only take over the collection of the rent on behalf of the vehicle tenant if this has been expressly agreed upon in writing with the vehicle tenant.
3. Conclusion of rental/loan contracts (section 5 of the General Terms and Conditions of Use)
3.1 If a tenant/loaner makes an inquiry via contact form, the transmitted contact data will not be displayed to the vehicle provider for the time being.
3.2 The request, after checking the availability of the vehicle, will be sent to the vehicle provider first as a confirmed booking for the rental/loan of the vehicle.
4. Contract models
4.1 DRIVAR offers different contract models.
4.2 The prices result from the current price list of DRIVAR, unless a different price has been agreed individually.
4.3 In case of commission model the following regulation applies to tenants/loaners who have ascertainably come through DRIVAR: The vehicle provider is obliged towards DRIVAR to communicate the real turnover value of the booking after conclusion of the rental/loan contract.
DRIVAR will then issue the corresponding commission invoice, which currently corresponds to 25% of the brokered gross turnover.
5. Supplementary services
5.1 In addition to the contract models, the vehicle provider can conclude additional contracts for supplementary services (for example, for preferred positioning, advertising banners, highlighted images, editorial content, etc.). Additional services can either be booked directly through the corresponding function on DRIVAR or through the personal contact partner of the vehicle provider and will be activated afterwards.
5.2 The additional contracts shall be extended by the respective original term, however, by a maximum of 12 months, if they have not been terminated by one of the parties within one month prior to the expiry of
the term – with the exception of additional contracts with a fixed end date. The right to extraordinary termination for an important reason remains unaffected by this.
6. Price increases
6.1 DRIVAR is entitled to increase prices if the producer price index for advertising space (currently base 2010 = 100), published by the Federal Statistical Office, has changed upwards compared to the level at the beginning of the contractual relationship or compared to the level at the time of the last index-related adjustment of prices. The average of the past four calendar quarters shall apply. The adjustment will be made at the end of the contract term by DRIVAR notifying the customer of the new prices at least four months before the end of the contract term.
6.2 In case the price index mentioned in clause 6.1 is no longer continued and published, DRIVAR will, at its reasonable discretion, from that time on, fix itself on the price index determined and continued to be
published by the Federal Statistical Office or the then competent authority, which comes closest to the economic approach of the discontinued price index.
6.3 The vehicle provider can terminate the contract at the end of the contract term after notification of the price increase in accordance with section 6.1. If the vehicle provider does not terminate the contract, the contract term will be extended according to clause 4.2; the prices notified by DRIVAR will then apply as of the extension.
6.4 A price increase according to this clause 6 is excluded in the case of remuneration claims according to the commission model.
7. Right of withdrawal for consumers
If the vehicle provider is a consumer, i.e. a natural person who concludes the contract for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB), he shall be entitled to a statutory right of revocation in accordance with the following provisions:
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exert your right of withdrawal, you must inform us
(Mobility Marketing Operations GmbH,
Ölweide 12,
39114 Magdeburg,
E-Mail: info (at) drivar.de)
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exertion of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exertion of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Special instructions
Your right of withdrawal expires prematurely if we have fully performed the service owed and have only started to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.
8. Cancellation/Termination
8.1 Section 6.1 of the General Terms and Conditions shall not apply. For the various contract models, the terms and termination options listed in Section 5.2 shall apply in each case, unless otherwise agreed in
individual cases.
8.2 Each party shall be entitled to terminate this contract extraordinarily with immediate effect if there is an important reason. An important reason entitling DRIVAR to terminate is in particular:
• if prohibited rental items (section 11.1) are offered for rental/lease,
• if prohibited information (section 13) is provided as part of the vehicle description,
• in the case of circumventing acts according to section 11,
• if the vehicle provider violates these Special Terms and Conditions,
• if DRIVAR has a reasonable suspicion that the Vehicle Supplier violates these Special Terms and Conditions, or
• if the vehicle provider does not provide a verification requested by DRIVAR according to section 11.5 within 2 weeks after receipt of a corresponding request.
8.3 Alternatively to the extraordinary termination DRIVAR is entitled to delete the vehicle offers and to block the user account completely or temporarily.
8.4 Upon termination of the contract the relevant vehicle offers will be deleted by DRIVAR.
9. Billing
9.1 Invoices will be sent by DRIVAR via e-mail to the contact details given by the vehicle provider. The invoice is deemed to have been received on the day the invoice e-mail is sent. The vehicle provider will
be in default of payment without reminder 7 days after receipt, if he has not settled the invoice within this period.
9.2 The vehicle provider has the option to grant DRIVAR a SEPA Basic Mandate / SEPA Company Mandate. The direct debit will be collected 3 days after the invoice date. The period for pre-notification will be
reduced to 5 days. The vehicle provider must ensure that the account is always covered by the required funds. If this is not the case or if the direct debit by DRIVAR fails for any other reason, the vehicle provider
has to bear the costs of the return debit note in the amount of at least 25.00 EUR per failed attempt. The vehicle provider is at liberty to prove a lower damage. DRIVAR reserves the right to prove a higher damage.
9.3 If the vehicle provider is in default with the payment of the commission or the agreed remuneration for the additional service, DRIVAR may withhold the services owed by him (including any additional services according to section 5), block the user account and/ or terminate the contractual relationship extraordinarily, if it announces this to the vehicle provider with a notice period of one week and the
vehicle provider does not effect the payments owed by him in full within this period. In such a case DRIVAR is entitled to conclude new contracts for these additional services with third parties. If the vehicle provider effects the payments owed to him later, DRIVAR is entitled to provide the service owed on its part only after the expiry of such contracts with third parties. Further rights of DRIVAR remain unaffected.
10. Exemption
10.1 The vehicle provider indemnifies DRIVAR from all claims of third parties, which are asserted against DRIVAR due to posted offers or contents, including the ratings given by the vehicle provider, or due to
the inadmissible offering or renting/lending of a legally protected object. The indemnification includes in particular the costs of a necessary legal defense.
10.2 In case of a claim against DRIVAR, the vehicle provider is obliged to provide immediately, truthfully and completely all information that DRIVAR needs for the examination of the claims and the defense.
11. Placement of vehicle offers, information
11.1 The vehicle provider has the possibility to have individual rental items placed in the service and to offer them for rent/loan via the service.
The posted offers can be booked via the service “www.en.drivar.at” as well as completely or partially via partner portals which DRIVAR operates in cooperation with other internet providers and in which the
service is completely or partially integrated. 11.2 The vehicle provider is obliged to place the rental object offered by him in a suitable category, to describe it correctly and completely, as well as to truthfully state all rental conditions and characteristics and features of the rental object that are essential for the rental decision. The vehicle provider shall comply with the provisions of the Law against Unfair Competition. The information about the rental object must not be misleading, it must not concern self-evident facts, and it must not give the impression that the competition uses unfair means.
11.3 If the vehicle provider also accepts consumers, i.e. natural persons who conclude the contract for a purpose that can predominantly be attributed neither to their commercial nor to their independent
professional activity (Section 13 of the German Civil Code), as a tenant/ loaner, the price stated in the offer shall be indicated as the final price including value added tax and other price components, stating the time reference for which this price applies.
11.4 The vehicle provider is obligated to provide all information required y the statutory provisions for distance contracts in the prescribed form and at the prescribed time, in particular to disclose its identity, to provide its address for service and, if applicable, to refer to the statutory right of withdrawal. This information shall be provided at the latest when answering the request.
11.5 If the vehicle provider describes the rental object offered by him in more detail by means of images, he assures by uploading/transmitting the images that their use within the scope of the service does not violate any third-party rights, in particular third-party copyrights or personal rights. Photos must depict the vehicle itself. An illustration of brand or company names of the vehicle provider and official license plates is expressly prohibited. DRIVAR is entitled to demand proof in an appropriate form.
11.6 The vehicle provider is obliged to remove / have removed vehicle offers posted by him immediately from the service, if they are no longer offered for rent/rental.
11.7 The vehicle provider is also obliged to provide all data, in particular information on billing and delivery addresses, truthfully and completely. In case of a change of the deposited data the vehicle provider has to update his information in his user account immediately or – if this is not possible – to inform DRIVAR immediately about the changes.
11.8 If vehicles or services are offered in the service specifically for certain regions, the vehicle provider may only charge such travel or journey costs for tenants/drivers within these regions that are shown as
a flat rate in the final price.
12. Acts of Circumvention, Contractual Penalty
12.1 If, according to the selected contract model, a commission claim in favor of DRIVAR arises from the conclusion of a rental/loan contract, it is prohibited to conclude rental/loan contracts by circumventing the service. DRIVAR reserves the right to verify the vehicle provider’s compliance with the prohibition of circumvention by anonymous calls or otherwise obtaining information.
12.2 If the vehicle provider receives an inquiry from a tenant/loaner regarding a specific offer on DRIVAR which leads to the conclusion of a rental/loan contract and if, according to the chosen contract model (commission model), a claim for remuneration in favor of DRIVAR arises from the conclusion of the contract, the vehicle provider is obliged to inform DRIVAR of this conclusion of contract and its value according to section 4.3 and to pay the commission due to DRIVAR. This also applies to subsequent remunerations arising in connection with the concluded contract, in particular additional kilometers driven by the user.
12.3 If the vehicle provider fails to inform DRIVAR of the conclusion of a rental/lease contract according to section 12.2, he is obliged to pay DRIVAR an appropriate contractual penalty in the amount of twice the amount of the commission lost due to this, but at least in the amount of 500,00 €.
13. Prohibited vehicle offers
13.1 It is prohibited to post and offer vehicles in the Service:
• whose leasing is punishable by law or an administrative offence
• whose rental, making available or advertising violates the property rights of third parties (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility model rights or design patent rights) or other rights of third parties (see also section 11)
• which display signs of unconstitutional organizations.
13.2 DRIVAR reserves the right to remove offers which violate these Special Terms and Conditions or applicable law without giving reasons and without prior warning.
14. Exclusion of vehicle offers
DRIVAR reserves the right to exclude vehicle offers from the Service that do not meet the minimum criteria prescribed by DRIVAR, in particular with regard to vehicle type and rated power.
15. Prohibited information
15.1 The description of the Rental Item provided by the Vehicle Provider, including uploaded images and documents, shall not contain any advertising for products other than the Rental Item offered, unless expressly approved by DRIVAR.
15.2 The linking to external internet offers or an internet offer operated by the vehicle provider is only permitted with the express consent of DRIVAR.
15.3 The naming of the vehicle provider’s contact details within the description of the rental object, including the brief description and the title, is not permitted.
16. Deviating agreements
Any agreements deviating from these Terms of Use shall be confirmed immediately in text form by both parties for evidence purposes. The same applies to the agreement of prices that deviate from the price list. Clause 6 remains unaffected.
17. Data exchange with credit agencies
In order to protect against bad debts and risks of misuse of services by third parties, DRIVAR is entitled to transmit personal contract data as well as information about non-contractual settlement to Schufa Holding AG (German Association for the Protection of General Credit) and to obtain corresponding information there. The user (vehicle provider) agrees that DRIVAR may transmit this information to the SCHUFA company responsible for his place of residence. Independently of this, DRIVAR will also report data to SCHUFA due to non-contractual processing. According to the Federal Data Protection Act, these reports may only be made insofar as this is necessary to protect the legitimate interests of the companies of a contractual partner of SCHUFA or the general public and the interests of the user worthy of protection are not impaired thereby.
SCHUFA stores the data in order to be able to provide its affiliated credit institutions, credit card companies, leasing companies, retail companies including mail order companies and other companies that commercially grant credit to consumers for money or goods with information for assessing the creditworthiness of users. Address data may be transmitted to companies that collect receivables on a commercial basis and are contractually affiliated with SCHUFA for the purpose of determining debtors. The SCHUFA only makes the data available to its contractual partners if these credibly demonstrate a legitimate interest in the data transfer.
