General Terms and Conditions (GTC) of CIP Mobility GmbH for B2B Customers

1. Scope of Application and Subject Matter of the Contract
   1. These General Terms and Conditions (hereinafter: “GTC”) apply, within their scope of application, to all current and future business relationships between CIP Mobility GmbH (hereinafter “Provider”) and entrepreneurs as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law (hereinafter referred to as “Customer” in each case).
   2. The subject matter of these GTC is the purchase or rental of vehicles, as well as the provision of related service, maintenance, and software services. Vehicles as defined in these General Terms and Conditions are the mocci Bikes offered by the Provider. The provisions applicable to vehicles apply accordingly to batteries and accessories offered separately by the Provider.
2. 1. Any conflicting, supplementary, or deviating general terms and conditions of the customer shall not apply, even if the Provider has not expressly objected to their validity. This also applies if reference is made to correspondence that contains or refers to the customer’s terms and conditions.
4. Conclusion of Contract and Credit Check
   1. Offers made by the Provider are subject to change and non-binding. A contract is not concluded until the Provider has accepted the Customer’s offer to enter into a contract by means of a written order confirmation. If the Provider does not confirm the order in writing, the contract is concluded no later than upon delivery of the vehicles. Unless otherwise specified in the customer’s offer, the Provider is entitled to accept the offer within two weeks of receiving it.
5. 1. The Provider reserves the right to conduct a credit check on the Customer prior to the conclusion of the contract (in particular prior to the conclusion of a rental agreement)
6. 1. .
9. Delivery Period and Delay in Delivery
   1. The delivery period is agreed upon individually or specified by the Provider upon acceptance of the offer.
10. 1. If the Provider is unable to meet binding delivery deadlines for reasons beyond the Provider’s control (unavailability of the service), the Provider shall immediately inform the customer of this and, at the same time, notify the customer of the expected new delivery deadline. If the service remains unavailable even within the new delivery period, the provider is entitled to withdraw from the contract in whole or in part; the provider will promptly refund any consideration already paid by the customer. Unavailability of the service occurs, for example, in the event of late delivery by the Provider’s suppliers, if the Provider has entered into a corresponding hedging transaction, in the event of other disruptions in the supply chain—such as due to force majeure—or if the Provider is not obligated to procure the service in a specific case.
    2. The Provider shall be in default of delivery at the earliest after the Customer has issued a formal notice of default. In all other respects, the statutory provisions apply.
11. 1. The customer’s rights underSection 18 of theseTerms and Conditions and the provider’s statutory rights—in particular in the event of an exemption from the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance)—remain unaffected.
12. Delivery
13. The risk of accidental loss and accidental deterioration passes to the customer upon handover of the vehicles to the shipping agent, the carrier, or any other person designated to carry out the shipment.
14. Partial deliveries are permitted, provided they are reasonable for the customer.
15. Extended Retention of Title
    1. The delivered vehicles (goods subject to retention of title) remain the property of the Provider until all claims to which the Provider is entitled against the Customer, now or in the future, have been satisfied, including all balance claims arising from the checking account. If the customer acts in breach of contract—in particular, if the customer is in default of payment of a fee—the provider has the right to rescind the respective purchase contract after the provider has set a reasonable deadline for performance. If the Supplier takes back the goods subject to retention of title, this in itself constitutes a withdrawal from the contract. The customer shall bear the transportation costs incurred in connection with the return. The Supplier’s seizure of the goods subject to retention of title also constitutes a withdrawal from the contract. The supplier may dispose of goods subject to retention of title that have been taken back. The proceeds from such disposal shall be offset against the amounts owed by the customer to the supplier, after the supplier has deducted a reasonable amount for the costs of disposal.
16. 1. The customer must treat the goods subject to retention of title with due care. The customer must insure them at their own expense against fire, water, and theft damage at replacement value. If maintenance and inspection work becomes necessary, the customer must carry it out in a timely manner at their own expense, unless a service contract has been concluded with the supplier.
17. 1. In the event of seizure of the goods subject to retention of title by third parties or other interventions by third parties, the customer must indicate the provider’s ownership and must notify the provider immediately in writing so that the provider can enforce its ownership rights. If the third party is unable to reimburse the Provider for the judicial or extrajudicial costs incurred in this connection, the Customer shall be liable for such costs.
18. 1. If the customer so requests, the supplier is obligated to release the security to which the supplier is entitled to the extent that its realizable value exceeds the value of the supplier’s outstanding claims against the customer by more than 10%. However, the supplier may select the security to be released.
20. Warranty
21. If the delivered vehicle is defective, the Provider may initially choose whether to provide subsequent performance by remedying the defect (repair) or by delivering a defect-free vehicle (replacement). If the type of subsequent performance chosen by the seller is unreasonable for the customer in a specific case, the customer may refuse it. The seller’s right to refuse subsequent performance under the statutory conditions remains unaffected. The seller expressly draws attention to the customer’s obligations to inspect the goods and give notice of defects pursuant to § 377 HGB.
22. The seller is entitled to make the required subsequent performance contingent upon the customer’s payment of the purchase price due. However, the customer is entitled to withhold a portion of the purchase price that is reasonable in relation to the defect
23. .
25. Warranty claims are excluded to the extent that the defect is attributable to repairs initiated by the customer or interventions by third parties not authorized by the provider.
26. Notwithstanding § 438(1)(3) of the German Civil Code (BGB), the general statute of limitations for claims arising from material defects and defects of title is one year from delivery. The foregoing statute of limitations also applies to the customer’s contractual and non-contractual claims for damages based on a defect in the vehicles. The customer’s claims for damages pursuant to Section18 (2), sentences 1 and 2(a), as well as under the Product Liability Act, are subject exclusively to the statutory limitation periods.
27. Transferability
28. Any additional service contract entered into by the customer may be transferred to third parties only with the Provider’s written consent. The Provider will not unreasonably withhold this consent but reserves the right to deny it, in particular if the subsequent purchaser uses the vehicle outside the contractually agreed service area.
29. If service, maintenance, or other services for a specific period are included in the purchase price or in a separate contract, such claims may be transferred to third parties only in accordance with paragraph 1.
30. Subject Matter of the Lease
31. The Provider makes the vehicles available to the Customer for the contractually agreed term for commercial use in the Customer’s day-to-day business operations.
32. Subleasing or otherwise making
33. the vehicles
34. available to third parties outside the customer’s business is prohibited without the provider’s prior written consent.
35. Obligations of the Customer
36. The customer may only make the vehicles available to persons within the company whom the customer has previously trained in their operation and who meet the necessary requirements.
37. The customer shall ensure compliance with traffic laws and shall bear all fines and penalties incurred during the rental period in relation to the provider. The customer shall indemnify the provider against any third-party claims arising from the use of the vehicles in violation of the contract.
38. The customer must treat the vehicles with care and in a proper manner, strictly adhere to the battery charging specifications, and secure the vehicles against theft and unauthorized use when not in use. To this end, the customer is required to secure the vehicle to a fixed object (e.g., a bike rack or streetlight) when parking it. In the event of a deep discharge of the battery that results in its destruction, the customer is responsible for covering the costs of battery disposal and replacement. A deep discharge is defined as discharging the battery below the minimum cut-off voltage specified by the provider.
39. Any visual or technical modifications to the vehicles made by the customer require the provider’s prior written consent.
40. Security Deposit
41. The provider may require a security deposit of up to three months’ rent prior to handing over the vehicles. If the customer’s creditworthiness deteriorates significantly after the contract is concluded, the provider is entitled to demand advance payment or appropriate security for future services. If the required advance payment or provision of security is not made, the provider has the right to terminate the contract for cause.
42. Warranty and Service
43. The vehicles are delivered to the customer in technically sound and roadworthy condition.
44. The customer must immediately notify the provider of any defects, damage, or loss of a vehicle. Reference is made to § 536c of the German Civil Code (BGB).
45. The Provider’s strict liability for defects already existing at the time the contract is concluded pursuant to § 536a(1), alternative 1, of the German Civil Code (BGB) is excluded; liability for willful misconduct and negligence remains unaffected.
46. Further details can be found in the Terms and Conditions for Service, Maintenance, and Field Service (Part 3 of these General Terms and Conditions).
47. Term and Termination
48. The lease agreement is entered into for the agreed-upon minimum term. In the absence of a contractual agreement, the minimum term is twelve months. The contract is automatically renewed for additional twelve-month periods unless it is terminated in writing with three months’ notice prior to the end of the respective term (ordinary right of termination).
49. The right to extraordinary termination without notice for good cause remains unaffected. Good cause on the part of the provider exists, in particular
    1. ,
    if
    1. the customer is in default on payment of an amount corresponding to at least two months’ total rent (gross),
50. 1. the customer usesa vehicle in violation of the rules of use specifiedinSection 9despite a warning (in particular, in the event of inadequate maintenance or improper use of the vehicles),
51. 1. attachment proceedings or other enforcement measures are carried out against the customer; or
52. 1. insolvency proceedings are filed against the customer’s assets.
54. The provision of § 545 BGB is excluded.
55. Upon termination of the contract, the vehicles must be returned to the provider immediately, no later than within ten (10) business days, in their entirety and in a roadworthy condition commensurate with their age and the contractual use. Excessive wear and tear or damage will be billed tothe customer in accordance with the detailed provisions of the Terms of Service. The customer shall bear the costs for return transport and disassembly.
56. Liability and Insurance
57. In the event of damage to or loss of the rented vehicle, the customer shall be liable in accordance with statutory provisions, unless otherwise specified in these General Terms and Conditions.
58. If the vehicles are lost, stolen, or damaged to the point of being economically irreparable during the rental period, the customer must reimburse the provider for the replacement value, unless the damage is covered by an existing insurance policy. The rental agreement and the obligation to pay the rental fee end upon receipt of the damage report by the provider.
59. The vehicles are insured by the provider against theft, vandalism, and natural disasters.
60. In the event of an insured loss not caused by the customer’s willful misconduct or gross negligence, the customer’s liability is limited to a deductible of EUR 85.00 per claim. In the event of willful misconduct by the customer, insurance coverage is void, and the customer is fully liable. In cases of gross negligence, the customer is liable to the extent that the insurer reduces its benefits pursuant to Section 81(2) of the German Insurance Contract Act (VVG); in such cases, there may be no limitation to the deductible.
61. In the event of theft, accident damage, or other damage, the customer must notify the provider immediately, but no later than within 24 hours, and, in the case of theft, must immediately file a report with the competent police authority.
62. Service, Maintenance, and Field Service
63. During the term of the contract, the provider shall be responsible for regular maintenance, necessary repairs, other servicing, and technical support (collectivelyreferred tobelowas “maintenance”) of the vehicles in accordance with the manufacturer’s specifications. Maintenance includes, in particular, safety-critical components, software updates, and functional tests.
64. The necessary replacement of wear parts is provided free of charge as part of maintenance, provided it was not caused by improper use. The installation of accessories is not covered by maintenance.
65. Costs for rectifying defects or damage resulting from use not in accordance with the contract or improper use—such as incorrect operation, overloading, or tampering—or by willful misconduct or gross negligence on the part of the customer or authorized users—shall be borne by the customer, unless covered by insurance.
66. The exact response times, maintenance intervals, and scope of services (e.g., inclusion of wear-and-tear parts) are specified in the individually agreed-upon service terms.
67. The customer must immediately notify the provider of any defects, damage, or loss of a vehicle. The provider will notify the customer of upcoming maintenance in a timely manner.
68. Maintenance and repair work on electronics, brakes, tires, and software is performed by the provider’s mobile service. The customer must make the respective vehicle available to the provider for maintenance. If this is not done, the round-trip travel costs will be billed at the rate specified in the Terms of Service.
69. The customer is generally not authorized to perform maintenance themselves or have it performed by third parties. If the customer has a legitimate interest, necessary maintenance may, in exceptional cases and subject to the provider’s prior consent, be performed at a specialized repair shop of the customer’s choice.
70. Connectivity
71. The vehicles are equipped with a telematics unit that continuously collects vehicle operating data (including GPS location, battery charge level, system and error messages, and mileage) (“Vehicle Data”) and transmits this data to the Provider. There are no costs to the customer for this transmission.
72. The customer hereby grants the provider a non-exclusive right, unlimited in time and territory, to use and exploit the vehicle data in the provider’s business operations. In particular, the Provider is entitled to use the Vehicle Data to fulfill its contractual obligations to the Customer (predictive maintenance, service, scheduling, billing). Furthermore, the Provider is entitled to use the vehicle data for troubleshooting, improving, and further developing its services, and to use the data in any other manner for its business operations. Disclosure of the vehicle data to third parties is permitted only in accordance with paragraph 3.
73. The Provider is entitled to disclose the vehicle data to third parties on a case-by-case basis if this is absolutely necessary (e.g., to investigative authorities in the event of theft or to insurers for claims settlement). Otherwise, vehicle data may be disclosed to third parties only in aggregated form, which does not allow the vehicle data to be linked to individual vehicles or to the customer. The disclosure of non-aggregated vehicle data to unauthorized third parties—in particular, its sale or transfer for advertising purposes—is expressly prohibited.
74. Digital Services
75. The Provider makes various digital services related to the vehicles available to the customer (“Digital Services”). Use of the Digital Services may be subject to prior registration. Use of certain Digital Services may also require the customer to pay an additional fee.
76. The Digital Services are provided by the Provider on an “as-is” basis. The Customer acknowledges that the operation of the Digital Services may be subject to outages and disruptions during which access to the Digital Services—and thus to the vehicle data—may be temporarily impeded or unavailable. The Provider will endeavor to minimize any unavailability of the Digital Services due to operational or maintenance reasons.
77. The Provider is entitled, but not obligated, to further develop and modify the features and functionalities of the Digital Services in the future, provided that the fundamental features and functionalities remain intact.
78. The Provider is entitled to temporarily suspend or restrict the use of the Digital Services if the security of the Digital Services and/or the systems used to operate them, or the data stored on them, so requires. This also applies if the Provider is aware or has reasonable grounds to suspect that the Digital Services are being used in violation of the provisions of these Terms and Conditions.
79. If the Digital Services are provided by the Provider under a lease agreement or service agreement, the Digital Services shall terminate upon the expiration of the respective lease or service agreement. In all other cases, the Provider is entitled to terminate the Digital Services, in whole or in part, with three months’ notice. Upon termination of the Digital Services, the Provider shall delete the data processed on behalf of the Customer within 90 days, provided that no statutory retention obligations preclude this. Upon request, the Provider shall make the operational data available to the Customer in a standard machine-readable format prior to deletion. The Provider’s right to use the vehicle data in aggregated form even after the termination of the Digital Services remains unaffected.
80. In the event of the sale of a vehicle purchased by the Customer for which the Customer uses the Digital Services, the Customer is obligated to notify the Provider of this immediately in writing. The customer must ensure that the vehicle is deregistered from the Digital Services before it is transferred to a third party. Use of the Digital Services by the vehicle’s new owner requires re-registration by the new owner.
81. Data Protection
82. The Customer is responsible for informing the data subjects about the collection of vehicle data, ensuring the necessary legal basis, and, where applicable, observing any existing co-determination rights of the employee representative body.
83. To the extent that the Provider processes personal data on behalf of the Customer as part of the Digital Services (in particular, location and usage data of the Customer’s employees), the parties shall enter into a data processing agreement pursuant to Art. 28 GDPR; the scope of this agreement shall take precedence over the provisions of these Terms and Conditions. The Provider shall implement appropriate technical and organizational measures in accordance with Article 32 of the GDPR.
84. Liability of the Provider
85. Unless otherwise provided in these General Terms and Conditions, including the following provisions, the Provider shall be liable for any breach of contractual and non-contractual obligations in accordance with statutory provisions.
86. The Provider is liable for damages—regardless of the legal basis—under the principle of fault-based liability in cases of willful misconduct and gross negligence. In cases of simple negligence, the Provider is liable—subject to statutory limitations on liability (e.g., due care in its own affairs; minor breach of duty)—only
    1. for damages resulting from injury to life, limb, or health,
87. 1. for damages resulting from a breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely); in this case, however, the Provider’s liability is limited to compensation for foreseeable, typically occurring damages.
89. The limitations of liability arising from paragraph 2 also apply to third parties and in cases of breaches of duty by persons (including for their benefit) for whose fault the provider is liable under statutory provisions. They do not apply if a defect was fraudulently concealed or if a guarantee regarding the quality of the goods was provided, nor do they apply to claims by the customer under the Product Liability Act.
90. In the cases specified in paragraph 2b, the Provider’s liability is further limited toa maximum amount of EUR 5,000 per vehicle. Liability for lost profits or other financial losses suffered by the Customer is excluded in the cases specified in paragraph 2b.
91. Terms of Payment and Default
92. The Provider’s invoices are due for payment without deduction within 14 days of the invoice date, unless a different payment term (e.g., a SEPA direct debit mandate for the rental) has been agreed upon in writing.
93. Upon expiration of the payment period, the customer shall be in default without the need for a reminder. During the period of default, interest shall accrue on the outstanding amount at the applicable statutory default interest rate for legal transactions not involving a consumer (currently 9 percentage points above the base rate).
94. The customer is entitled to set-off or retention rights only if their counterclaims have been legally established, are undisputed, or have been acknowledged by the provider. In the event of vehicle defects, the customer’s counterclaims remain unaffected.
95. All prices are net plus the applicable sales tax. Rental and service fees are due monthly in advance. Consumables, accessories, and services not included in the service package will be billed based on actual costs.
96. Final Provisions
97. The place of performance for all obligations arising from the contractual relationship is the registered office of CIP Mobility GmbH.
98. These Terms and Conditions and all legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
99. The exclusive venue for all disputes arising from the business relationship with customers is the provider’s place of business. However, the provider is also entitled to sue the customer at the customer’s general venue.
100. Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected (severability clause).
101. The customer may transfer rights and obligations under the contract to third parties only with the provider’s prior written consent.
102. The Provider may amend these Terms and Conditions for ongoing continuing obligations in writing with six weeks’ notice, provided that the amendment is reasonable in light of the Customer’s interests. If the customer does not object within four weeks of receiving the notice, the amended Terms and Conditions shall be deemed accepted; the provider shall indicate in the notice the right to object and the consequences of remaining silent.

Part 1: Provisions Governing the Sales Contract

The provisions of this part apply to the extent that the customer has entered into a sales contract for vehicles.

Part 2: Provisions Governing Rental Agreements

The terms and conditions of this section apply to the extent that the customer has entered into a vehicle rental agreement.

Part 3: Terms and Conditions for Service, Maintenance, and Field Service

The terms and conditions of this section apply to the extent that the customer has entered into a vehicle lease agreement or, in the case of a purchase, has entered into a separate service agreement.

Part 4: Telematics and Digital Services

The terms and conditions of this section apply to all contracts.

Part 5: General Provisions

The terms and conditions in this section apply to all contracts.

If you have any questions, comments, or complaints, you can reach our customer service team at:

Phone: +49 89 724019-0
Email: contact@mocci.com