1. Subject of rental
1.1 UTPO hereby rents to the Customer a Vehicle in accordance with the specifications in the Webshop (www.upto.ch/en/) and including the accessories listed there and in the condition stated there.
1.2 Changes to the design or form of the Vehicle, deviations of color shade, and changes to the scope of delivery on the part of the manufacturer are reserved, provided that it is reasonable for the Customer to accept such changes or deviations.
1.2 The Customer supports UPTO with improving and continuing to develop its offers by providing feedback.
2. Rental term and mileage
2.1 The rental relationship begins with the date of delivery and has a minimum term of six months.
2.2 After expiration of the minimum term, either Party may terminate the rental relationship as of the end of any subscription month, subject to a notice period of one month. Notice of termination must be given by post (the date of postmark serving as proof) or email to email@example.com.
2.3 UPTO has the right to exchange the Vehicle. This exchange is free of charge for the Customer.
2.4 The Customer is permitted to change the Vehicle after six months at the earliest. The cost will be CHF 450 after the 6th to the 8th month, CHF 250 from the 9th to the 11th month, and after the 12th month the Vehicle may be changed free of charge. The rental relationship will be extended by a further 6 months after each change of Vehicle.
3. Rental fee
3.1 The rental fee for the [car model] vehicle is CHF [amount] per month. This includes the following benefits:
a. use of the Vehicle during the rental term, with a kilometer limit of [amount according to pricing plan] km per year (excluding costs of fuel consumption, cleaning costs, tolls for roads abroad, etc.);
b. summer and winter tires;
c. toll sticker(s) for the rental term;
d. all registration fees, vehicle taxes and duties;
e. insurances as per clause 8 ;
f. all incidental maintenance and repairs (see clause 7 ), unless caused by use in breach of the agreement (see GTC); all other costs arising in connection with the operation and keeping of the Vehicle shall be borne by the Customer.
3.2 The number of kilometers stipulated in clause 3.1.a is for one subscription year. If the Customer returns the Vehicle before expiry of the subscription year, UPTO will calculate the prorated kilometers (e.g. 50% after 6 months, 75% after 9 months) and the corresponding number of free kilometers. If the Customer has exceeded the number of free kilometers, each additional kilometer will be charged to the Customer at CHF 0.87. Unused kilometers will not be refunded.
3.3 The first subscription month is covered by the upfront payment made when ordering the Vehicle.
3.4 For the subsequent months, the Customer will be invoiced in advance. Payment is due prior to the start of each new subscription month.
3.5 If payment has not been received 2 days after the due date, the Customer is sent a payment reminder/reminder with a new payment deadline of 5 days. There is no additional charge for this.
3.6 If the above-mentioned payment deadline is exceeded the Customer will receive a reminder for which a fee will be charged. On expiry of this reminder period, UPTO reserves the right to immobilize and seize the Vehicle, as well as initiate collection proceedings.
4. Handover and defects
4.1 The Customer must inspect the Vehicle on handover and must notify UPTO immediately of any defects. In case of serious defects or deviations between the ordered Vehicle and the Vehicle delivered, the Customer must refuse the handover.
4.2 If UPTO is not the owner of the Vehicle rented to the Customer, it shall accept no liability for material defects on the Vehicle. Instead, UPTO shall assign all claims against the owner or supplier of the Vehicle regarding material defects to the Customer, and shall also authorize the Customer to exercise any rights of challenge or recourse. The Customer hereby accepts this assignment.
4.3 All liability vis-à-vis the Customer on UPTO’s part is excluded in respect of direct or indirect damage or loss sustained by the Customer or another party due to the use of the Vehicle, or to the interruption and/or withdrawal of the use of the Vehicle. This liability exclusion does not apply in case of intent or gross negligence on the part of UPTO.
5. Ownership status
5.1 The Customer does not acquire any rights of ownership or any other in rem rights in respect of the Vehicle. Any right of the Customer to retain the Vehicle in connection with claims against UPTO is excluded.
5.2 UPTO is authorized:
a. to inspect the Vehicle and check its condition, by agreement with the Customer;
b. to have the prohibition of a change of keeper during the rental term entered on the vehicle registration at the Customer’s expense.
5.3 The Customer must keep the Vehicle free of third-party rights. He may not sell, rent (the use of sharing platforms is permitted), pledge, or give away the Vehicle or assign it as security. Use of the Vehicle for giving driving lessons (e.g. safe-driving courses), as a taxi, to participate in motorsports events, or to tow/move other vehicles is not permitted.
6. Special obligations of the renter
6.1 The Customer may share the Vehicle with third parties. Where the Vehicle is used by third parties, the Customer is liable to UPTO in the same way as for his own behavior. If for the purpose of sharing the Customer uses a third-party sharing platform, the latter’s regulations apply. In case of the installation of sharing components (cost to be borne by the user), UPTO must be notified.
6.2 The Customer must comply with all the statutory obligations arising from the operation and keeping of the Vehicle. He must comply with all traffic regulations in this country and abroad, and is responsible for ensuring that all users of the Vehicle have a driver’s license valid in Switzerland (a B-category learner’s permit is not sufficient), and that they are at least 21 years old and have unrestricted capacity to act.
6.3 The Customer must ensure that the Vehicle is maintained and treated in accordance with the provisions of the manufacturer’s operating and maintenance instructions. The Vehicle must always be kept in safe operating condition and in a roadworthy state. Transportation of flammable, explosive, toxic or other
hazardous substances is prohibited.
6.4 The Customer is responsible for ensuring that no smoking takes place in the Vehicle and that the Vehicle is kept clean. If the renter breaches this rule, he will be invoiced for the cleaning costs after returning the Vehicle.
6.5 Special equipment, accessories, built-in equipment, vehicle graphics/signage, and all other changes to the Vehicle require prior written agreement from UPTO.
6.6 The Vehicle must be secured appropriately against theft. Windows and doors must be closed and properly locked on exiting the Vehicle.
6.7 Driving authorization extends to journeys in the European Union and EFTA states, all other states are excluded. Use of the Vehicle in all other countries is a serious breach of the agreement which entitles UPTO to immediate termination of the agreement.
6.8 The Customer hereby accepts that UPTO may forward personal data to credit companies for the purpose of credit checks.
The Vehicle is equipped with a telematics system, which transmits data. UPTO receives the current mileage, service indicator messages, and other data.
6.9 The Customer is prohibited from removing this adapter. Further information on data protection can be found in the Terms and Conditions of Data Protection.
7. Maintenance and repairs
7.1 The Customer must use the Vehicle and accessories carefully, and must regularly check the oil and water levels and the tire pressure.
7.2 UPTO informs the Customer well in advance as to when and where services, maintenance work, and tire changes must be performed. The Customer is obligated to comply with these requirements. It is prohibited for the renter to carry out/arrange for repairs or technical changes at his own initiative. Damage to be rectified must be reported as per clause 8 and instructions on rectification/repair must be awaited. The Customer must compensate UPTO for any damage or loss resulting from failure to comply with these provisions.
7.3 A restriction of the ability to use the Vehicle due to maintenance or repair does not entitle the Customer to a reduction of the rental fee or to any other compensation.
8. Insurance and claims management
8.1 For the duration of the rental relationship, the Vehicle has motor vehicle liability insurance, comprehensive accidental damage insurance, parking damage insurance, and mobility insurance in the countries as per clause 6, whereby a deductible of CHF 1,000 shall apply in case of a collision. Traffic legal protection insurance is also included. The cost of insurance is included in the rental fee specified in clause 3.1. The insurance coverage excludes loss or damage caused due to intent or gross negligence.
8.2 In case of events such as accidents, theft, loss, fire, damage caused by game animals or other damage, and in case of claims asserted by third parties, the Customer must immediately inform the police and arrange for a police report to be drawn up. This also applies to accidents caused by the Customer himself without the involvement of third parties. UPTO must be notified at the same time (firstname.lastname@example.org). Claims by other parties must not be recognized. The Customer must follow the instructions given by UPTO and/or the insurer regarding the rectification of damage.
8.3 In the event of a breakdown, AXA Fleet Management must be informed at +41 58 215 88 08.
8.4 In the event of a total loss or theft, UPTO has the right to cancel the agreement.
8.5 In addition, the currently valid version of the General Insurance Provisions (“GIP”), available online, is applicable (see clause 13 GIP), and the provisions thereof shall take precedence over these provisions in case of a conflict. The Customer undertakes to comply with the provisions of the GIP as if he himself were the policyholder.
9. Fines / penalties
9.1 Where, in connection with the use of the Vehicle, fines or penalties are imposed on UPTO, the Customer must pay the respective amount directly within the period stipulated. UPTO reserves the right to charge the Customer administration fees of CHF 50 for each fine processed.
10. Change of domicile
10.1 The Customer must notify UPTO of every change of domicile. If he intends to transfer his domicile abroad, UPTO is entitled to terminate this agreement as of the date of the transfer of domicile.
11. Returning the Vehicle
11.1 After the rental term ends, the Vehicle must be returned by the Customer in an undamaged, clean, fully refueled, and roadworthy condition as appropriate to the Vehicle’s age and the kilometers driven, with all related components and documents. If the Vehicle is not returned with a full tank of fuel, a fee of CHF 30 as well as the cost of the fuel (refueling receipt serving as proof) will be charged. For the return of the Vehicle, UPTO and the Customer shall agree on the time and place. We recommend that the Customer brings proof of the last refueling when returning the Vehicle. If the returned Vehicle is found to have dirty upholstery (CHF 400), damage caused by smoking (CHF 700), or if there is a need to eliminate pet hair and smells (CHF 700), we reserve the right to charge a fee for the additional rectification work involved.
11.2 The Customer is liable to UPTO in respect of all necessary repair and maintenance work caused by use of the Vehicle in breach of the agreement by the Customer or by parties for whom the Customer is responsible according to this agreement.
11.3 On return of the Vehicle, a return record describing the condition of the Vehicle is drawn up in the presence of the Customer or his representative, confirming the return of the Vehicle including related components and documents as well as any noticeable damage.
11.4 If the Customer is not present in person when the Vehicle is returned, mutual agreement is presumed and the return record is deemed to have been approved even without the Customer’s signature.
11.5 The cost for collection of the car by UPTO in Switzerland is CHF 300.
12. Subsidiary application of rental law
12.1 Unless stipulated otherwise in the foregoing provisions, the Parties’ rights and obligations arising from the rental relationship are based on the provisions of the Swiss Code of Obligations regarding the rental of movable property (Articles 253 ff., SCO).
13. Contract components
13.1 The following documents are integral components of this rental agreement:
a. General Insurance Provisions (GIP) AXA and AXA-ARAG;
b. General Terms and Conditions (GTC) of UPTO;
c. Terms and Conditions of Data Protection.
13.2 By accepting this rental agreement on placing the order, the Customer confirms that he has read, understood, and accepted the aforementioned components of the agreement. The documents mentioned in clause 13.1 a–c above can be viewed online at www.upto.ch/en/.
14. Final provisions
14.1 The masculine form is used in this document for the sake of simplicity but refers to both men and women.
14.2 Amendments and additions to this agreement will be notified by UPTO via email. If no objection is lodged by the renter within two weeks, the amendment/addition will be deemed to have been accepted. Failing this, UPTO is entitled to terminate the agreement. This also applies to any amendments to the present clause 14.
14.3 If parts of the agreement are or become ineffective, they must be replaced by provisions that best correspond to the economic purpose of the agreement. The same shall apply in case of omissions from the agreement.
14.4 These GTC are governed exclusively by material Swiss law. All disputes in connection with the GTC and associated legal relationships may be brought only before the relevant courts in Winterthur.