Terms of Use
Europcar Mobility Application
Terms of Use
1. PARTIES
These Terms of Use (hereinafter “Terms”) bind:
Europcar International, S.A.S.U. (hereinafter “Europcar”), a company incorporated under the laws of France and registered in the Paris Trade and Companies Register under number 542.065.305, with its headquarters located at 13 boulevard de Berthier, 75017 Paris, France;
and
The Key to Mobility Services GmbH (hereinafter “K2M“), a company incorporated under the laws of Germany and registered in the commercial register of the local court of Frankfurt am Main under HRB 99373, with business address at Schwalbacher Straße 72, 65760 Eschborn, Germany;
and
the user (hereinafter “You” or “User”) of the Europcar Mobility Application.
Europcar, K2M and the User are hereinafter referred to individually as a “Party” and collectively as the “Parties”. Europcar and K2M are collectively referred to as “Us” or “We”.
2. PREAMBLE
The Europcar Mobility Application (hereinafter “Application”) is a multimodal mobility solution. It brings together several mobility service providers (hereinafter “MSPs”) so the User can book their mobility services in the Application. Europcar and K2M work together to operate the Application and provide the services and have divided the relevant functions as follows:
- Europcar acts as Application operator and takes over functions in relation with providing the Application to the User and making it available through the relevant app stores. Furthermore, the subsidiaries and franchisees of Europcar are MSPs whose mobility services can be booked through the Application.
- K2M acts as a broker by integrating to the Application gradually increasing different MSPs providing individual mobility services from areas such as car rental, car sharing, ride-hailing, micro-mobility, etc. K2M brokers the mobility services between the User and the MSPs.
These Terms govern Your use of the Application. To use the Application, You will first be asked to read and accept these Terms and acknowledge the Privacy Policy. You shall not use the Application if You do not agree with these Terms.
3. SCOPE
By creating an account in the Application, You will be given access to mobility services provided by third-party MSPs without the need to create manually an account for said MSPs. It will allow You to book mobility services from the MSPs and to pay for those services within the Application, or later at the counter.
After downloading the Application, You will be offered a procedure for identifying Yourself and for saving Your payment information with a third-party payment service provider (hereinafter “PSP”), so that You do not have to carry out these operations for each booking.
4. ACCOUNT CREATION
4.1. Booking as a guest
The account creation is not mandatory to book a Europcar service, You may choose to book as a guest.
To book other MSPs mobility services, the creation of a user Account may be required.
4.2. User Account
To access and use the Application, You will need to create a user account (hereinafter “Account”). To create Your Account, You are asked to enter Your email address, set up a password, and provide further personal information (e.g. first name, last name, date of birth, email address, phone number, postal address). Such information is mandatory to create Your account.
You are responsible for maintaining the confidentiality and the security of Your password.
Your account is strictly personal, non-transferable and cannot be used by any third party. If You allow a third party to use Your account, it may be suspended and Your current bookings may be cancelled. You are liable for any harm caused to Us and MSPs resulting from the use of Your account by a third party. You are liable for all activities conducted through Your account, unless You provide a proof of fraudulent use for which You are not liable.
We reserve the right to refuse Your registration and cancel Your account if You provide false data. Only one account can be created per person.
Your account may be suspended in case of incomplete or false personal data. In no event shall K2M and Europcar be liable for any error, omission or imprecision in the personal data You have communicated.
4.3. Validation of Your identity and of Your driver’s license
If the mobility services require the possession of a valid driver’s license, the MSPs are entitled to check Your driver’s license at any time. In such cases, You must provide Your valid driver’s license to book mobility services.
In order to book the mobility services that are offered to You in a fully digital booking process, Your identity card and Your driver’s license have to be validated digitally (if necessary for the mobility service). To do so we provide an in-Application solution which is mandatory to follow if You would like to book these services. You are not allowed to place a booking to the MSPs without the required validation of your documents.
If a driver’s license is required: You undertake to notify Europcar and K2M immediately of any circumstances which result in a restriction to Your driver’s license. Such circumstances may include a suspension or restriction, a driving ban or the temporary seizure or confiscation of Your driver’s license. In such case we and the MSPs will rightfully cancel Your current bookings. You acknowledge that in case of false declaration, You expose Yourself to possible criminal sanctions. With every booking You declare that You are still in possession of a valid driver’s license.
5. TERRITORY
The Application provides mobility services in all the countries or territories where Europcar operates either directly or through its franchisees.
The Application is gradually available for download in the application stores of these countries.
6. RESPONSABILITIES AND DUTIES OF EUROPCAR AND K2M
As the Application operator, Europcar owes You the availability of the Application.
K2M acts as a broker between the User and the MSPs. The respective MSPs are solely responsible for the provided information on the products and services. As broker, K2M does not guarantee that the MSPs accept the booking request (for instance for vehicle unavailability, watchlisting, and so on). It will only forward the User’s booking enquiries to the MSP. The conclusion and execution of the mobility service contract is solely between the User and the MSP.
We owe You the provision of an account management service to allow You to create an account and to log into Your account.
We owe You the provision of a payment service to allow You to store Your payment method and to make payment on the Application.
We owe You the availability of a customer service for the Application.
7. RESPONSABILITIES AND DUTIES OF THE USER
When using the Application, You undertake:
- not to use the Application for illegal purposes or purposes that may damage the rights of Europcar, K2M and any affected third party, and in particular, not to use the Application to distribute damaging or illegal information, or information that is distasteful, discriminatory or offensive;
- to provide Your correct and complete personal data, update recent changes and not to provide false personal data or falsified documents;
- to notify Europcar and K2M of any circumstances which result in a restriction to Your driver’s license, such as suspension or restriction, a driving ban or the temporary seizure or confiscation of Your driver’s license;
- not to publish photos or content inciting to violence or threatening, pornographic, pedophile or containing nudity or gratuitous violence or any content that may be subject to penal sanctions;
- not to communicate Your login information and/or to allow a third party to access and use Your account;
- not to use the mobility services for purposes other than those for which they are intended;
- not to disrupt access to the Application, to modify it or to use it to transmit viruses, hacking attacks, etc.;
- not to infringe any patent, trademark, trade secret, copyright, database right or other intellectual property rights of any person or entity;
- to make payment for the mobility service booked.
Any violation of the Terms may allow Europcar and K2M to suspend or cancel Your account and all current bookings.
8. BOOKING A MOBILITY SERVICE
The mobility service contract is concluded directly between You and the third-party MSP. When booking a mobility service, You will be asked to accept the MSP’s terms and conditions and acknowledge their privacy policy. They are different from these Terms and will bind You for the duration of the mobility contract.
This Application only functions as booking platform. The User’s booking inquiries will be forwarded to the respective MSP. The MSP is solely responsible for the fulfillment of the mobility service.
9. PAYMENT SERVICE PROVIDER
Before booking a mobility service, You will be asked to enter Your payment information on a PSP interface. You must provide complete, correct and up-to-date personal information. This step is mandatory. The PSP will store Your payment information according to its Privacy Policy.
If You have chosen to pay Your Europcar booking at the counter, You will be asked to pay for Your booking on arrival at the Europcar pick up station.
As provider of the booked mobility service the MSPs are responsible for the invoicing.
10. TECHNICAL SPECIFICATIONS
The Application is provided on an "as is" and "as available" basis. Europcar and K2M make no warranty or representation that (i) the Application will meet Your requirements, (ii) it will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Application will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the services will meet Your expectations, and (v) any errors will be corrected.
Although reasonable precautions are taken to protect the security and integrity of wireless internet and network access, Europcar and K2M cannot guarantee that use of a wireless connection will be secure. Accordingly, You agree to use such services at Your own discretion and risk and acknowledge that You are solely responsible for any damage to Your smartphone system or loss of data that results.
To the fullest extent permitted by the applicable law, Europcar and K2M expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Europcar and K2M may modify the Application and its content at any time, for any reason, including for updates and maintenance operations.
The Application is accessible from iOS and Android mobiles phones subject to having an internet access.
11. RIGHTS OF USE
You are granted a limited, revocable, non-transferable and non-exclusive right to use the Application and access its content, subject to Your compliance with these Terms.
12. LIMITATION OF LIABILITY
We are liable for intent and gross negligence as well as for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty.
Besides this we are liable only in the event of breach of a material contractual obligation, the performance of which is a prerequisite for proper execution of the contract and compliance with which the user may regularly rely on (cardinal obligation). In the event of slight negligence, liability shall be limited to the amount of the foreseeable damage that can typically be expected to occur. Liability is otherwise excluded.
To the extent that our liability is limited or excluded, this shall also apply to the liability of our legal representatives, employees and vicarious agents.
The liability in cases of mandatory statutory liability (e.g. Product Liability Act) remains unaffected.
The User is generally liable for all activities that take place using the Application. The User is not liable if he or she is not responsible for the misuse of his or her User account because there has been no breach of the existing duties of care.
13. INDEMNITY
You agree to defend, indemnify and keep Europcar and K2M indemnified from and against any claim, liabilities and costs asserted by third parties resulting from Your violation of their rights through Your unlawful and culpable use of the Application.
14. DATA PROTECTION
In order to provide You with our Application and services we will process Your personal data. You can find further information on our handling of personal data in our Privacy Policy.
15. MODIFICATION OF TERMS AND SERVICES
We reserve the right to change the scope of our Application and services as well as these Terms for any reasons and in an appropriate manner with effect for the future.
You will be notified by email of any amendments of the Terms with a notice period of thirty (30) days before they come into effect. You will be considered to have accepted them if You do not object to the amendment within the notice period and if You have been expressly informed in the notification of amendment that failure to object constitutes an acceptance of the amended Terms. The notification shall describe each individual change to the Terms.
The above shall apply accordingly to our right to transfer our application and services as well as these Terms and Conditions with all rights and obligations to a company of the Volkswagen AG Group or Europcar Mobility Group S.A. (affiliated company within the meaning of Sections 15 et seq. of the German Stock Corporation Act).
16. TERM AND TERMINATION
The contract is concluded upon Your completion of the registration process and is concluded for an indefinite period of time.
You may terminate this contract without reason at any time through the Application functionality.
We may terminate this contract without reason with a 4-week-notice period. We may also terminate Your account temporarily or indefinitely, at any time, when You fail to verify Your identity or do not provide the mandatory data or when You are in breach of these Terms.
17. OTHER
17.1 Intellectual Property
We own the copyrights and the intellectual property rights of the Application, unless identified as belonging to third parties.
The name Europcar and any other Europcar trademarks, logos or graphics displayed in the Application are registered trademarks of Europcar or its affiliates.
The name The Key to Mobility Services and any other trademarks, logos or graphics displayed in the Application are protected trademarks of K2M or its affiliates.
Any other company, product or service name may be the trademarks of their respective owners.
You are not granted any right or license to use any trademarks and therefore agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the Application and/or the products and services offered in the Application in whole or in part.
17.2 Severability clause
If any of these provisions is deemed invalid, illegal or unenforceable by any court or competent authority, it shall be considered deleted from these Terms. The validity of all other provisions will not be affected, except for the ones that are void without the deleted provision(s).
17.3 Disputes
The responsibility of Europcar and K2M can be claimed by You exclusively in relations to their obligations arising from the availability and operation of the Application and its services.
These Terms will be executed and interpreted in accordance with the laws of France, excluding the conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.
If You are a consumer (any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession), the application of mandatory legal provisions of Your country shall remain unaffected by above stated choice of law. Any mandatory legal provisions protecting You shall take precedence over these Terms. In the event of any dispute that may arise from Your use of the Application or in connection with these Terms, their interpretation and their consequences, You can contact the Application customer service to attempt to reach an amicable solution. In case of a cross-border issue, You may bring proceedings against Us either in the courts of the Member State in which We are domiciled or in the courts for the place where You are domiciled (Art. 18 (1) REGULATION (EU) No 1215/2012). Notwithstanding of this, the jurisdiction of the courts is governed by national procedural law.
If You are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims in connection with this contractual relationship shall be the Courts of Paris.
We are neither willing nor obliged to participate in any dispute resolution procedure before a consumer arbitration board.
The European Commission provides an alternative dispute resolution platform at https://ec.europa.eu/consumers/odr/ for all disputes between a customer and a professional.
17.4 Language
These Terms are written in French and in English. Both versions are deemed identical in content, but in case of disputes on its interpretation, the French version prevails.