of EvSimple Inc., 407 McGill Street Suite 501., Montréal, Quebec, Canada H2Y 2G3 (hereinafter referred to as "Simple")
Last updated: April 8, 2024
1. Subject
EvSimple Inc., located at 407 McGill Street Suite 501., Montréal, Quebec, Canada H2Y 2G3 ("Simple"), operates Simple. Simple is a platform ("Platform") that allows registered users ("Users") to book vehicles as renter ("Lessee") which are offered for rental by certified lessors ("Lessor"). Simple acts as an intermediary and does not become a party to the rental agreement concluded between the lessee and the lessor via Simple, or Simple itself can also act as a lessor. The platform is based on mobile applications ("APP") or other internet applications. These General Terms and Conditions ("Terms of Use") apply to the use of the app and other internet applications, as well as to the rental and leasing of vehicles through it.
2. Conditions for the Use of the App and Other Internet Applications
To use the app and access its functions, users must register for a user account. Registration is free and can be done online, for example, via the app. While using Simple's services, the user is responsible for ensuring that the technical specifications of their mobile device, computer, or other devices, and their network, allow access to the app, website, or other internet applications. Registration is only allowed for natural persons who are at least 18 years old, legal entities, and partnerships. During registration, the user must enter a mobile number and an SMS code (two-factor authentication) ("access data"), which, upon successful registration, allows access to their user account activated by Simple. For successful registration, the user must provide their full name, a current residential address, telephone number, email address, and other identification features. Legal entities, partnerships, and registered merchants are also obligated, if applicable, to provide their company name and commercial register number. Simple is entitled to verify the personal details, residential address, and other information by a valid ID card or other suitable documents. A user may not register more than one user account and may not transfer their user account to others.
The user is responsible for keeping the access data confidential and protecting it from being accessed by third parties. The user agrees to notify Simple immediately if they suspect that their access data has been lost, stolen, or their user account is being used by an unauthorized third party.
The user agrees not to share or upload any content on their user profile that is criminal, illegal, misleading, discriminatory, false, or fraudulent, or that violates the rights of another person.
The user agrees to provide current, correct, and complete information during registration. The user is required to keep all personal data up to date for the duration of their account's use. Simple does not guarantee the accuracy and completeness of the information on the user's profile, user offers, or other information and content posted by users on the platform.
Simple reserves the right to block or remove content that has been made public in violation of these Terms of Use.
3. Payment Information and Damages
To rent and use a vehicle through Simple, the renter must have selected a payment method accepted by Simple (e.g., credit card or other online payment methods) either at registration or later in their user account and must have provided the relevant details. By confirming the payment method, the renter authorizes Simple to use the specified payment method to settle all costs associated with the use of the platform and all claims due to Simple.
Users ("claimants") can assert claims defined in the fee and cost schedule against another user ("respondent") through the Simple customer service. This must be done within 180 days after the return of the vehicle. The Simple customer service will decide whether to consider the claim valid. If so, they will collect the amount defined in the fee and cost schedule from the respondent and pay the specified sum to the claimant. In this case, the respondent agrees to the collection of the claim. Regardless of the Simple customer service's decision, claimants and respondents retain the right to take legal action; in particular, the claimant can independently pursue further and higher claims.
In certain cases listed in the fee and cost schedule, Simple is entitled to demand an additional fee without a user making a claim. The amounts listed in the fee and cost schedule are considered flat-rate damages. The respondent may prove that lower costs were incurred by the claimant or Simple. Likewise, Simple or the claimant can demonstrate that higher costs were incurred.
4. Conditions for Professional Renting of Vehicles via Simple
Legal entities, partnerships, and natural persons can offer vehicles for rent via the Simple app under the following conditions:
The digital locking and unlocking system certified by Simple allows the renter to carry out the borrowing process without physical contact with the vehicle's owner. The renter can unlock the vehicle at the start of the rental and lock it again at the end using the Simple-certified digital locking and unlocking system through the Simple app. During the setup process conducted by the owner before the start of the rental, Simple checks the brand, type, and age of the vehicle to determine if the owner's vehicle is suitable for the provision of a certified digital locking and unlocking system.
If the technical prerequisites for the provision of the Key Box are met, the owner can order the Simple-certified digital locking and unlocking system for a fee. The digital locking and unlocking system remains the property of Simple and is rented to the owner for a monthly rent of €45.00, which will be offset against the rental income. If this offsetting is not possible, the deposited payment method will be charged.
Only vehicles that comply with applicable laws and regulations may be rented. Before listing a vehicle, the owner must carefully review and ensure that the vehicle to be rented meets these conditions (in particular, the value of the vehicle must not exceed €150,000 and the rated power must not exceed 500 kilowatts). Compliance with these conditions is also a prerequisite for insurance coverage.
Vehicles must be regularly maintained in accordance with manufacturer recommendations and must possess the safety equipment required for registration (e.g., summer tires, winter-suitable tires). The vehicle equipment must, to the best knowledge of the vehicle owner, be in proper operating condition, including tires, brakes, headlights, other lights, steering, and seat belts. All toll devices must be removed for the rental through Simple.
The legally required interval for the main inspection must not have expired. If the month indicated on the inspection sticker of a vehicle has expired, it cannot be rented out via Simple, even if it is still legally allowed to be operated on public roads.
The vehicles must have the legally required compulsory insurance. The owner is advised that failing to pay the insurance premium for the compulsory insurance can lead to the vehicle being taken out of operation.
Additionally, the following conditions apply for renting out vehicles via Simple:
5. Conditions for Renting Vehicles via the Simple APP
To rent vehicles via the Simple APP, the respective renter must meet the following conditions:
The Lessor is free to prescribe the following additional rules and conditions for the rental of his vehicle:
6. Conditions for Individual Rental Agreements
Simple may offer appropriate search functions to find a suitable vehicle. Once the renter finds a vehicle that suits them, they can book the offered vehicle immediately. The rental contract is concluded by the renter going through the booking process and confirming the chargeable booking at the end. The maximum rental duration is displayed during the booking process.
The total amount to be paid by the renter for the rental and other services ("Rental Price"), excluding the option for deductible reduction, may include:
7. Handover of the Vehicle
The lessor must provide the vehicle to the renter in technically perfect condition.
The renter must immediately check the condition of the vehicle upon unlocking it and report any defects or damages via the APP or by email to help@evsimple.com.
Furthermore, the renter is obligated to take the following eight wide-angle photos of the vehicle and upload them to the app within 30 minutes after unlocking the rented vehicle or send them via email to help@evsimple.com:
Front, front left, left side, rear left, rear, rear right, right side, front right.
8. Use of the Vehicle
The renter must treat the vehicle carefully and cautiously. Before starting the journey, the renter must ensure the vehicle's roadworthiness, especially by visually inspecting the wheels, tires, and exterior lighting. When participating in road traffic with the rented vehicle, the renter must comply with the respective traffic regulations at all times. Simple is not liable for damages resulting from the customer's violation of these obligations. In case of a violation by the renter of the mentioned obligations, the renter is liable according to legal provisions for all resulting damages.
The renter may not allow a third party to use the vehicle unless there is explicit written permission.
The vehicle may only be used in the following countries: Norway, Sweden, Finland, Germany, Denmark, Poland, Portugal, Czech Republic, Austria, Switzerland, France, Luxembourg, Belgium, Netherlands, Italy, Hungary, Monaco, Slovenia, Croatia, Slovakia, Great Britain, Ireland, San Marino, Vatican, Liechtenstein, Andorra.
The customer is prohibited from using the vehicle for the following purposes or in the following ways:
In the event of vehicle damage and technical defects that significantly impair or make it impossible to use the vehicle as a means of transportation, the rental ends contrary to the booked rental duration upon the occurrence of this event. This must be immediately reported to the Simple customer service.
The renter is responsible for any warning fines, fines, or monetary penalties imposed in connection with the use of the vehicle. A flat processing fee according to the fee schedule will be charged.
The renter agrees that for the purpose of theft protection and the execution of operational processes, the vehicle's position as well as driving data such as mileage and battery charge status as well as acceleration values over the X-axis, Y-axis, and Z-axis can be monitored. Our vehicles are equipped with active smoking detection. This detects whether smoking or vaping has occurred inside the vehicle and identifies any violations of the smoking ban defined in these conditions. In the event of a violation of the smoking ban, a timestamp and a location will be recorded by the device.
The data is collected and processed by various service providers. We have concluded data processing agreements with the service providers to protect your data. The data collected will be archived according to the statutory limitation period of 3 years. The collected data can be used as evidence in criminal matters and in cases of violations against these GTC.
9. Return of the Vehicle
The renter is required to document the condition of the vehicle upon return according to the return report provided by Simple and again provide the following photos in the APP or via email to help@evsimple.com.
Front, front left, left side, rear left, back, rear right, right side, front right.
The rules for the battery charge level at the start and end of the rental are displayed in the APP for the respective service. A lower battery charge level at the end of the rental will result in the missing battery charge being billed, in addition to a service fee according to the fee and cost regulations. To prove higher or lower costs, paragraph 3 applies accordingly. However, the vehicle must be parked with a battery charge level of at least 10% of the total volume. Fees for towing or recharging are regulated in the fee and cost regulations.
The renter is obligated to return the vehicle in the cleanliness condition in which it was received. If the renter fails to meet this obligation, they must compensate the lessor for the cleaning costs according to the fee and cost regulations.
The rented vehicle must be returned within a radius of 400 meters around the address specified for the vehicle. The address can be found in the APP at the end of the rental. Vehicles with a private parking space must be returned precisely to this location. Different arrangements are possible. Agreements must be made through the mechanism provided by Simple or via customer service by chat or call. The vehicle must be parked in public traffic space in a location that allows permanent, free parking. Violations will be penalized according to the fee and cost regulations.
Renters must request an extension via the app or customer service if returning within the booked time is not possible. The additional rental price is displayed or communicated during the process. If no extension is made and renters do not return the vehicle within the first 30 minutes after the agreed return date and time, the following late fees according to the fee and cost regulations are due. To prove higher or lower costs, paragraph 3 of these General Terms and Conditions applies accordingly. In addition, the rental price of the last booking day is to be paid as a rental price for every started 24 hours of delay.
The lessor can report the vehicle as stolen at any time after a grace period of 30 minutes after the end of the rental.
10. Cancellation
Renters can cancel the booking via help@evsimple.com until the vehicle is unlocked for the first time.
The following costs and cancellation fees apply:
Up to one hour after the chargeable booking: no costs and cancellation fees
Up to 24 hours before the start of the rental: A rental service fee of 5.60€ per rental day applies. Otherwise, no cancellation fees are incurred.
24 hours or less before the start of the rental: Cancellation fees amounting to 50% of the rental price
After the vehicle has been unlocked for the first time, cancellation is no longer possible. The renter can return the vehicle at any time. Nevertheless, the rental price for the entire booking period is calculated.
11. Impossibility
If it is impossible for the lessor to provide the vehicle to the renter at the start of the rental, they are released from the obligation if timely repair or procurement of an equivalent replacement vehicle before handing it over to the renter is not possible with reasonable effort. They must contact Simple customer service for this.
12. Insurance Coverage
The vehicles have motor vehicle liability insurance for self-drive rental vehicles. For this, the General Conditions for Motor Vehicle Insurance, AKB 2015, issued by the German Insurance Association GDV, apply, unless otherwise regulated in these GTC.
The insurance coverage through the integrated insurance includes motor vehicle liability insurance with a coverage amount of 100 million € in total - however, a maximum of 15 million € per injured person - and a fully comprehensive insurance with a maximum compensation of up to 150,000 € per damage event, depending on the vehicle's value.
The scope of coverage of the partial and fully comprehensive insurance is limited to the following damage events:
Excluded from the insurance service are, in particular, damages caused by improper handling of the vehicle, by incorrect operation of the vehicle such as shifting errors, ignoring warning lights, incorrect fueling, or improperly stowed cargo.
Renters and all contractually included drivers are liable for each damage event up to an amount equal to the agreed deductible; a claim for contractual indemnification or a booked protection package does not exist if the damage was caused intentionally.
No insurance coverage exists for the transport of substances or goods subject to marking and approval requirements according to the regulation on the domestic and cross-border transportation of dangerous goods by road, rail, and inland waterways (GGVSEB).
13. Obligations in the Event of Damage
Accidents, damage, theft, destruction, and/or any other loss of the vehicle must be reported to Simple immediately and directly by phone.
Accidents involving other vehicles, road users, hedges, bollards, fences, or other barriers or markings and boundaries must be reported to the police at 110 and recorded by the police. In case of accidents involving personal injury, the fire department must be informed immediately at 112.
A failure to report damage or an accident results in a fee according to the fee and cost regulations.
Renters are obligated to fill out a damage report that contains at least the following information:
14. Limitation of Liability and Contractual Parties
The liability of Simple is limited to intent and gross negligence. This does not apply to the breach of essential contractual obligations and to damages resulting from injury to life, body, and health. Compensation for the breach of essential contractual obligations is also limited to the contract-typically foreseeable damage. Simple is not liable for the incorrect function of the website, app, or service, including their lack of availability, if this is due to the behavior of a user, in the case of unforeseeable and uncontrollable action by third parties, or in the case of force majeure.
As a digital mobility platform, the role of Simple may be limited to connecting vehicle owners with renters. Simple is not a contractual party in a mediation. Therefore, Simple cannot be held liable for damages caused or suffered by the renter or lessor during the use of a vehicle rented via Simple. Simple cannot guarantee the solvency of users, especially renters. Simple is also not obligated to conduct credit checks of users.
15. Personal Data
Simple is responsible for processing the personal data collected through your use of the services, our app, or other internet applications. The details are outlined in the privacy policy.
16. Termination and Suspension
Both Simple and users can terminate the contractual relationship at any time without notice. The termination must be made in text form. Simple provides users with a function to delete the user account. The deletion of the user account also constitutes a termination of the contract according to this number. A termination does not end ongoing rental agreements. A termination does not exempt from damages and violations during the contract period. The user account will be deleted effective upon termination, but no earlier than six months after the last rental. Simple also reserves the right to temporarily or permanently exclude users from using the platform in case of a violation of these terms of use. The decision on exclusion can be made without reason. The decision is at the discretion of Simple.
17. Amendment of the Conditions
18. Miscellaneous
19. Fee and Cost Regulation