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Mobility Marketing Operations UG (haftungsbeschränkt)
Managing Director: Phillipp Müller An der Ölmühle 8 | 39114 Magdeburg, Germany
EU VAT ID: DE320774759
Person in Charge: Phillipp Müller Responsible According to the Press Law: Phillipp Müller Contact: Email: firstname.lastname@example.org Internet: https://motion-drive-rental.com
Copyright: © 2017-2022
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 UG An der Ölmühle 8, 39114 Magdeburg, Germany. Phone Number: +49 (0) 1590 / 01366 437 Email: email@example.com
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.
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 UG (haftungsbeschränkt). The use of the Internet pages of the Mobility Marketing UG (haftungsbeschränkt) 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 UG (haftungsbeschränkt). 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 UG (haftungsbeschränkt) 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.
The data protection declaration of the Mobility Marketing UG (haftungsbeschränkt) 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:
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 UG (haftungsbeschränkt)
An der Ölmühle 8
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 UG (haftungsbeschränkt) 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 UG (haftungsbeschränkt) 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 UG (haftungsbeschränkt) 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 UG (haftungsbeschränkt), 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 UG (haftungsbeschränkt) 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 e-mail 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 newsletter 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.
The newsletter of the Mobility Marketing UG (haftungsbeschränkt) contains so-called 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 UG (haftungsbeschränkt) may see if and when an e-mail was opened by a data subject, and which links in the e-mail 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 UG (haftungsbeschränkt) 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 UG (haftungsbeschränkt) 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 UG (haftungsbeschränkt) 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
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 decision-making
As a responsible company, we do not use automatic decision-making or profiling.
General Terms and Conditions of MOTION DRIVE®
Valid from 01/01/2020
The following General Terms and Conditions of Use contain the basic rules for the use of the online platform MOTION DRIVE.com of Mobility Marketing Operations UG (limited liability), An der Ölmühle 8, 39114 Magdeburg, represented by the Managing Director Phillipp Müller (in the following referred to as “MOTION DRIVE”) and for all, also future, legal transactions and actions similar to legal transactions between the user and MOTION DRIVE. Terms and conditions of the user deviating from these terms and conditions shall not apply.
2.1 MOTION DRIVE operates an online platform which enables the conclusion of rental and lending contracts of all kinds between Users (referred to as: Service). MOTION DRIVE 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.
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 in case of a use as lessor/renter.
3.2 By registering, a contract on the use of the Service is concluded between the User and MOTION DRIVE. 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 permitted to register.
3.4 MOTION DRIVE reserves the right to refuse the User’s registration without giving reasons.
3.5 If MOTION DRIVE 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 MOTION DRIVE and the User is concluded. In order to complete the registration, the user must confirm the e-mail according to the instructions contained therein.
3.6 During registration, 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 unlawful 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 MOTION DRIVE immediately.
3.7 MOTION DRIVE is entitled to immediate blocking of the user account:
In case of a blocking of the user account, the affected user is prohibited from registering with MOTION DRIVE again and from opening a new user account until MOTION DRIVE has given its explicit prior consent.
4.1 The User may submit 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. MOTION DRIVE will then arrange the contact to the respective lessor 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 MOTION DRIVE a separate brokerage contract between MOTION DRIVE and the respective user will also be concluded.
4.2.1 Cancellation of rental contract: In case of a cancellation of the rental by the user, cancellation fees will be charged by the lessor, which amount to between 50% and 100% of the agreed rental price. In case of cancellation within 48h before the beginning of the rental period, the lessor will always charge 100% cancellation fees. By taking out additional cancellation insurance, the tenant can generally reduce these cancellation fees to 50% (Standard Rate product) or 25% (Premium and Luxury Rate products), regardless of the time of cancellation. The tenant 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 this is done by the user or the respective lessor. In case of a cancellation by the lessor, MOTION DRIVE shall endeavor to obtain a subsequent performance of the rental on another date or to procure another lessor.
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 criminal offences, for transporting easily inflammable or dangerous substances is prohibited – without written permission by the lessor, which has to 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 tenant proportionally or in full.
4.4 The minimum age for the vehicles listed on MOTION DRIVE for rental is – unless otherwise stated in the respective vehicle advertisement – 23 years. Individual vehicles may be rentable 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 tenant violates this or does not provide truthful information in advance, the lessor is always entitled to immediately cancel the rental at the regular cancellation fees.
4.5 The information about the advertised vehicles are provided by the providers. MOTION DRIVE therefore does not guarantee the accuracy and topicality of this information.
4.6 MOTION DRIVE makes every effort to prevent fraudulent use of the service. Unfortunately, however, it cannot be ruled out that this nevertheless happens in individual cases. Therefore, MOTION DRIVE cannot be held liable for the fact 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.
Contact data of others contained in the Service of MOTION DRIVE 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 promotional e-mails, faxes or letters or to make unsolicited telephone contact with the data subject.
Contact data of the users, which are collected by MOTION DRIVE in the course of the service or of which MOTION DRIVE gains knowledge in the course of the use of the service, may be used by MOTION DRIVE 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.
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 section 4.
7.2 MOTION DRIVE may terminate the User Agreement at any time subject to a notice period of two weeks. The right of extraordinary termination remains unaffected.
8.1 MOTION DRIVE is liable for damages of the Users according to the legal 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 performance, they are based on a culpable violation of essential contractual obligations (see section 2), they are the consequence of a culpable injury to health, body or life, or for which a liability according to the Product Liability Law is provided.
8.2 Significant contractual obligations are those contractual obligations whose fulfillment makes the correct execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, and whose violation 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 persons employed in the performance of our obligations shall be excluded, irrespective of the legal grounds.
9.1 The User indemnifies MOTION DRIVE from all claims of third parties, which are asserted against MOTION DRIVE because of posted contents. The indemnification includes in particular the costs of a necessary legal defense.
9.2 In case of a claim against MOTION DRIVE the user is obliged to provide immediately, truthfully and completely all information MOTION DRIVE needs for the examination of the claims and the defense.
The User is not entitled to set-off, unless the counterclaims have been legally established or are not disputed by MOTION DRIVE.
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.
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 provisions.
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 MOTION DRIVE. 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 MOTION DRIVE® by vehicle providers.
Valid as of 01.01.2019
1.1 The following Special Terms and Conditions contain the additional rules for the use of the online services of Mobility Marketing Operations UG (limited liability), An der Ölmühle 8, 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 MOTION DRIVE. 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.
2.1 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 MOTION DRIVE logo including a link to “www.motion-drive-rental.com” 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 MOTION DRIVE or when concluding a rental/loan contract with a tenant/loaner. When concluding a contract with MOTION DRIVE, 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.
2.5 The provision of the contractual services and the execution of the concluded rental/lease contract is the responsibility of the contracting parties. MOTION DRIVE 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.
3.1 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.
4.1 MOTION DRIVE offers different contract models.
4.2 The prices result from the current price list of MOTION DRIVE, 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 MOTION DRIVE: The vehicle provider is obliged towards MOTION DRIVE to communicate the real turnover value of the booking after conclusion of the rental/loan contract. MOTION DRIVE will then issue the corresponding commission invoice, which currently corresponds to 25% of the brokered gross turnover.
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 MOTION DRIVE 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.
6.1 MOTION DRIVE 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 MOTION DRIVE 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, MOTION DRIVE 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 MOTION DRIVE 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.
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:
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 UG (haftungsbeschränkt), An der Ölmühle 8, 39114 Magdeburg, E-Mail: info (at) MOTION DRIVE.com)
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.
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.
8.1 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 MOTION DRIVE to terminate is in particular:
8.3 Alternatively to the extraordinary termination MOTION DRIVE 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 MOTION DRIVE.
9.1 Invoices will be sent by MOTION DRIVE 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 MOTION DRIVE 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 MOTION DRIVE 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. MOTION DRIVE 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, MOTION DRIVE 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 MOTION DRIVE is entitled to conclude new contracts for these additional services with third parties. If the vehicle provider effects the payments owed to him later, MOTION DRIVE is entitled to provide the service owed on its part only after the expiry of such contracts with third parties. Further rights of MOTION DRIVE remain unaffected.
10.1 The vehicle provider indemnifies MOTION DRIVE from all claims of third parties, which are asserted against MOTION DRIVE 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 MOTION DRIVE, the vehicle provider is obliged to provide immediately, truthfully and completely all information that MOTION DRIVE needs for the examination of the claims and the defense.
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 “MOTION DRIVE.com“ as well as completely or partially via partner portals which MOTION DRIVE 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 by 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. MOTION DRIVE 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 MOTION DRIVE 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.
12.1 If, according to the selected contract model, a commission claim in favor of MOTION DRIVE arises from the conclusion of a rental/loan contract, it is prohibited to conclude rental/loan contracts by circumventing the service. MOTION DRIVE 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 MOTION DRIVE 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 MOTION DRIVE arises from the conclusion of the contract, the vehicle provider is obliged to inform MOTION DRIVE of this conclusion of contract and its value according to section 4.3 and to pay the commission due to MOTION DRIVE. 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 MOTION DRIVE of the conclusion of a rental/lease contract according to section 12.2, he is obliged to pay MOTION DRIVE 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 €.
13.1 It is prohibited to post and offer vehicles in the Service:
13.2 MOTION DRIVE reserves the right to remove offers which violate these Special Terms and Conditions or applicable law without giving reasons and without prior warning.
MOTION DRIVE reserves the right to exclude vehicle offers from the Service that do not meet the minimum criteria prescribed by MOTION DRIVE, in particular with regard to vehicle type and rated power.
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 MOTION DRIVE.
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 MOTION DRIVE.
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.
In order to protect against bad debts and risks of misuse of services by third parties, MOTION DRIVE 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 MOTION DRIVE may transmit this information to the SCHUFA company responsible for his place of residence. Independently of this, MOTION DRIVE 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.