1.1 AXA Mobility Services AG, Volketswil (referred to below as “UPTO”), offers its customers the following options for the use of vehicles:
1.1.1 to use the vehicle as the principal renter (“Customer”) via the www.upto.ch online platform (the “UPTO Platform”); and
1.1.2 additionally, at the Customer’s request, to make the vehicle temporarily available for use by third parties (“Vehicle-Share Users”) via sharing platforms.
2. The terms “Party” and “Parties” are also used to refer individually and jointly to UPTO and the Customer.
3. These General Terms and Conditions (“GTC”) govern the Customer’s use of the vehicle and the UPTO Platform (including its mobile application, the “UPTO-App”). In addition, the following are applicable to the legal relationship between UPTO and the Customer: the relevant rental agreement, the General Insurance Conditions of AXA Insurance Ltd. (“GIC”), and the Terms and Conditions of Data Protection of UPTO.
4. Legal relationships between the Customer, the Vehicle-Share User and the Vehicle-Share Provider are governed exclusively by the contracts to be concluded via the sharing platforms.
5. Deviations from these GTC are valid only if they have been agreed by the Parties by post or via email.
6. UPTO reserves the right to amend these GTC at any time, without stating reasons, by notifying the Customer via email. The Customer can issue a written refusal to agree to the new GTC within 14 days of notification of the amendments. If the Customer uses the vehicle and/or the UPTO Platform after being notified of the amendments, said amendments are deemed to have been accepted. If the amended GTC are refused, UPTO reserves the right to terminate the contractual relationship without notice.
7. The masculine form is used in this document for the sake of simplicity but refers to both men and women.
2. Offer and conclusion of contract
2.1 If the method of payment is “Advance payment by invoice”, the Customer has 10 days to settle the invoice. Once UPTO has received payment, it will contact the Customer to agree the pickup location and time.
2.2 The contractual relationship between UPTO and the Customer comes into being as a result of the Customer entering his order via the UPTO Platform and accepting the GTC and the GIC. UPTO then confirms the establishment of the contractual relationship by post or via email.
2.3 All offers on upto.ch or elsewhere are non-binding.
3.1 Registration with UPTO is free of charge and does not create an obligation to use the UPTO Platform.
3.2 Those entitled to register are natural persons with full capacity to act, having their domicile in Switzerland or the Principality of Liechtenstein, aged at least 21, and holding a driver’s license valid in Switzerland (a Category B learner’s permit is not sufficient).
3.3 The Customer is asked to inform UPTO if his driver’s license is revoked or lost.
3.4 Only one registration is permitted per person. UPTO reserves the right to reject customers without stating reasons.
3.5 When registering, the Customer must truthfully state all the information required in order to register, and agrees that UPTO may check his identity and ability to pay.
3.6 The Customer is obliged to keep all registration/log-in data and passwords secret, and to store them in a manner which prevents access by third parties. The user account is personal and non-transferable.
4. Use of the UPTO Platform
4.1 UPTO makes no guarantee that there will be a minimum number of vehicles available and reserves the right to extend or restrict the utilization options or functions available on the UPTO Platform. UPTO may link the use of individual elements to compliance with specified requirements or the provision of additional information.
4.2 UPTO reserves the right to make the Platform available only for selected operating systems and certain versions thereof. Access to services on the UPTO Platform may be restricted or suspended for reasons related to capacity, security, server integrity, or technical measures. Insofar as possible, UPTO will notify the Customer of such restrictions in advance.
4.3 The Customer may receive a warning if he breaches statutory provisions, fails to comply with concluded contracts, violates the rights of third parties, or does not recognize UPTO’s justified interests. UPTO reserves the right to consequently restrict the use of the platform generally or for individual customers, or to block access.
5. Use of the vehicle by the Vehicle-Share User
5.1 The Customer may use various sharing platforms to make the rented vehicle available for sharing for a specified period of time.
5.2 Utilization by the Vehicle-Share User is governed exclusively by the legal basis of the respective Vehicle-Share Provider. UPTO allows sharing of the rented vehicle according to these GTC, but is not itself responsible and has no contractual relationship with the Vehicle-Share User.
6. Rating of users
1. The possibility of rating the Vehicle-Share User after utilization of the vehicle is governed by the legal basis of the respective Vehicle-Share Provider.
7.1 The rental fee payable for the vehicle is specified in the separate rental agreement.
7.2 The fee for the brokered vehicle is governed by the legal basis of the respective Vehicle-Share Provider.
8. Liability / warranty
8.1 UPTO’s liability is excluded to the extent permitted by law. UPTO is not liable for incomplete user information or for noncompliance with the vehicle-share legal basis. This includes, but is not limited to, the prompt, correct return of the vehicle and payment of the fee by the Vehicle-Share User.
9.1 While using the UPTO vehicle, you benefit from AXA motor vehicle insurance (STRADA) and group legal protection insurance. The related contractual conditions can be found on the UPTO Platform (upto.ch).
10. Additional provisions
10.1 Should any individual provision of these GTC be ineffective or void, this will not affect the validity of the remaining provisions. If a contractual provision is invalid or void, it must be replaced by an effective provision which most closely approximates the economic purpose of the ineffective provision.
10.2 These GTC are governed exclusively by material Swiss law. All disputes arising from and in connection with the GTC and associated legal relationships may be brought exclusively before the relevant courts in Winterthur.