General Note

This cancellation policy is in addition to the General Terms and Conditions. For the sake of completeness and as an auxiliary measure, the principle will be presented first before pointing out the exclusion of the right of withdrawal.

1. Principle

As a consumer, you fundamentally have a fourteen-day right of withdrawal when concluding contracts outside of business premises according to §§ 312g, 355 BGB (German Civil Code). This fourteen-day period begins, according to § 355 para. 2 BGB, in principle with the conclusion of the contract. The conclusion of the contract occurs when you clearly commission us with the service to mediate a vehicle. This commissioning does not need to be in written form but can be done, for example, via telecommunication or by email. By commissioning, a brokerage contract in the form of a service contract according to § 611 BGB is concluded. The withdrawal does not require any reason. To comply with the deadline, the timely dispatch before the expiry of the withdrawal period is sufficient, § 355 para. 1 s. 5 BGB. Motion Drive must immediately confirm the receipt of the withdrawal.

Sample Withdrawal Form

Recipient: Motion Drive (info@motion-drive-vermietung.de) Part of the Mobility Marketing Operations GmbH An der Ölweide 12 39114 Magdeburg, Germany

Hereby, I/we withdraw from the service contract concluded by me/us for the mediation of the following vehicle(s) … in the period from … to … in (insert location). The contract is dated on …

Sender:
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (if communicated on paper)
Date

2. Consent to the early provision of the service before the end of the two-week withdrawal period

By ticking the box provided for this purpose in this withdrawal instruction, you agree that we may begin with the provision of the service you requested and that you are aware that by doing so, you lose your statutory right of withdrawal. Since the ticked box is sent along with the request as an email to Motion Drive, this consent is also stored on a durable medium and is therefore accessible for proof.

3. Expiry of the statutory right of withdrawal

Your statutory right of withdrawal expires according to § 356 para. 2 no. 2 BGB for contracts on the provision of services when the service has been fully provided. The service is fully provided when the vehicle you inquired about and/or specified in the brokerage contract has been booked/reserved in the internal booking system of the actual lessor of the vehicle, and we have confirmed the binding reservation to you.

4. Exclusion of the right of withdrawal

In this case, however, your right of withdrawal is excluded according to § 312g para. 2 no. 9 var. 3 BGB, as it concerns a service contract in the area of vehicle rental. Consequently, the right of withdrawal that fundamentally applies to you according to no. 2 of the withdrawal instructions is omitted due to this legal regulation. After the conclusion of the contract between you and Motion Drive, you can therefore no longer dissociate yourself by invoking your statutory right of withdrawal.