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Our General Terms & Conditions

(Revised version dated November 21, 2025)

§ 1 Subject matter

  1. These General Terms and Conditions (GTC) govern the rights and obligations of persons who book as users of one of the offers of Carsharing Erlangen e.V. (hereinafter referred to as “CSE”), regardless of whether they are members of the association or external users (hereinafter referred to as “customers” – the language used is to be understood as gender-neutral).
  2. Customers include both natural persons and legal entities and their representatives.

§ 2 Driving authorization

  1. The customer's driving authorization requires a usage agreement concluded with CSE. This is concluded by the customer by booking a vehicle provided by CSE.
  2. The vehicle may be driven by another person with the consent and in the presence of the customer in the vehicle. Driving the vehicle alone without the customer who made the booking is not permitted.
  3. If the customer is a legal entity, he/she may designate persons who may book and/or use vehicles on his/her behalf and for his/her account.
  4. The customer must ensure that he/she and the persons authorized to drive comply with the provisions of these General Terms and Conditions, are fit to drive when driving CSE vehicles, and carry a valid driver's license.
  5. The customer is responsible for the actions of the persons authorized to drive as if they were his/her own actions.
  6. The customer must be able to prove at any time who has used and driven the vehicle.
  7. The customer undertakes to take all reasonable precautions to prevent unauthorized third parties from using the vehicle. Sections 11 and 14 apply accordingly.

Section 3 Registration as a user

  1. The “MOQO” app from Digital Mobility Solutions GmbH, Aachen, is used to book and access vehicles.
  2. In order to use one of the CSE's sharing offers, the customer must first register as a user in MOQO. In doing so, they select the desired sharing offer.
  3. The customer is obliged to keep their user data up to date. If problems arise during the processing of a booking due to invalid user data – in particular payment data – the customer will be charged additionally for the resulting expenses in accordance with our fee schedule.
  4. If the user data is not updated despite a request to do so, or if a payment fails several times, the user account will be blocked for further bookings. Unblocking is possible upon request after updating.
  5. During the registration process, user data is checked automatically and/or manually for validity. A credit check of the customer is also carried out. Depending on the result of these checks, the user may be denied access to the sharing offers of the CSE or to the platform as a whole. There is no entitlement to this access.

§4 Booking a vehicle, accessing the vehicle

  1. Provided that a valid booking has been made, the customer can unlock the vehicle using this app. At the end of use, the customer must lock the vehicle again using this app.
  2. If a correctly booked vehicle cannot be opened or locked, the user can contact the MOQO hotline. The hotline can open and lock a vehicle remotely.
  3. The customer is obliged to inspect the vehicle for damage at the beginning and end of the booking and to report any damage via the app if it has not already been reported.
  4. The customer must ensure that only they can make bookings via the app. The loss of the mobile device on which the app is installed must be reported to CSE immediately.
  5. The customer is liable within the legal framework for all damage caused by the misuse of their user data, in particular if this has enabled the theft of vehicles.
  6. The customer reserves the right to prove that no damage or less damage has been incurred.

§ 5 Billing

  1. CSE offers the booking of its vehicles exclusively on a “pay-as-you-book” basis. This means that the booked period is billed (as opposed to the actual time of use of the vehicle).
  2. Billing is based on the CSE sharing offer used for a booking.
  3. After completing the booking, the customer will automatically receive an invoice via the booking system.
  4. Payment is made using the payment method used for the booking.
  5. Currently, SEPA direct debit and credit card are accepted payment methods. CSE reserves the right to change the list of accepted payment methods at any time.
  6. If SEPA direct debit is used, the customer is obligated to make the payment in all cases. Complaints regarding payments considered unjustified must be submitted retrospectively by email to . If the complaint is justified, the relevant partial amount will be refunded via the booking system.
  7. If a SEPA direct debit is returned, the customer is responsible for all costs and consequences arising from this, as this causes lasting disruption to the automated processes. This can lead to the user being blocked and will in any case result in an additional processing fee in accordance with the fee schedule.

§ 6 Cancellations

  1. A booking can be canceled free of charge before it begins.
  2. Cancellation of a booking after it has begun is possible, but will result in the entire booking period being charged.
  3. If a booking is canceled by CSE (e.g., because the vehicle is unavailable due to damage), any amounts billed and paid will be refunded.
  4. If a booked vehicle is unavailable, the customer can try to obtain another vehicle via the hotline. There is no entitlement to a specific vehicle.

§ 7 Damage reports

  1. The customer is obliged to report any damage discovered to CSE immediately.
  2. In the event of damage (e.g., scratches, dents), reporting via the MOQO app is sufficient, provided that the vehicle remains roadworthy.
  3. In the event of significant damage that impairs the use of the vehicle—up to and including rendering it unusable—the customer must inform the hotline. The hotline will inform the customer of further steps to be taken.
  4. In the event of accidents involving third parties, the customer is also obliged to call the police to record the damage.
  5. The customer is obliged to cooperate in the context of damage management. If they fail to comply with this obligation or do so only after a delay, they shall be liable for all damages incurred by CSE as a result of their behavior.
  6. If CSE discovers damage after a booking that was not reported before the booking, the customer of this booking shall automatically be deemed to be the cause. The customer is free to prove that they did not cause the damage.

§ 8 Carrying a valid driver's license

  1. The customer and persons authorized to drive by them are obliged to carry a valid driver's license with them on every trip.
  2. Furthermore, the driver's license ID must be kept up to date at all times in the MOQO app as part of the user data.
  3. If the driver's license ID cannot be updated in the app, the customer must request the update via the MOQO service (support@moqo.de).
  4. The right to drive CSE vehicles expires as soon as the customer loses their driver's license temporarily or permanently.
  5. The customer is obliged to notify CSE of this fact immediately. They will then be immediately blocked from making further bookings.

§ 9 Use of vehicles

  1. The customer must treat the vehicles with care and use them in accordance with the instructions in the manuals, the vehicle documents, and the manufacturer's specifications, as well as check the operating fluids and tire pressure.
  2. The vehicle must be left clean and properly secured against theft.
  3. The use of tobacco products or electronic vaporizers in the vehicles is generally not permitted.
  4. The vehicle must be parked neatly at its location. Gates or barriers must be opened and closed correctly.
  5. If the interior of a vehicle is dirty beyond normal signs of wear and tear, the customer is obliged to clean it. If the customer fails to comply with this obligation, cleaning will be carried out by CSE. The costs will then be invoiced to the customer in accordance with the schedule of fees.
  6. A vehicle is considered dirty in this sense if it has stains, waste, green waste, ash, tobacco smoke, dirt from transporting animals, or similar.

§9a Vehicles with combustion engines or hybrid drives

  1. Every vehicle with a combustion engine is equipped with a fuel card. The absence of the fuel card must be reported via the MOQO app at the start of the booking. The loss of the fuel card during the booking must be reported to CSE immediately.
  2. The fuel card may only be used to refuel and clean the booked vehicle. If the customer uses the fuel card for other purposes, they will be charged the costs and penalties in accordance with the fee schedule.
  3. Vehicles must be returned with at least a quarter of a tank of fuel. If the customer fails to comply with this obligation and the next user experiences problems as a result, any damage and costs will be charged to the customer plus a penalty fee in accordance with the fee schedule.
  4. Refueling with premium fuels (e.g., “Aral Ultimate,” “Shell V-Power”) is prohibited unless the vehicle explicitly requires such fuel.
  5. If the customer nevertheless refuels a vehicle with a premium fuel, they will be charged for the entire refueling.
  6. Vehicles may be used across borders within Europe. In such cases, the customer is obliged to notify CSE of the trip abroad in good time before the start of the booking (at least 3 working days) and to collect the relevant documents.
  7. The customer is prohibited from using the vehicle for purposes other than personal use (e.g., for commercial passenger transport, for motorsport exercises) or from making the vehicle available to third parties. In the event of a violation, the customer shall be liable for all consequences and shall also be charged a penalty fee in accordance with the schedule of fees.

§ 9b Electric vehicles

  1. Before starting the journey, the customer must disconnect the charging cable from the vehicle. If the charging cable is permanently connected to the charging station, it remains there. Otherwise, the charging cable must also be disconnected from the charging station and stowed properly in the vehicle.
  2. At the end of the journey, the customer must connect the vehicle to the charging station for charging.
  3. If there are corresponding instructions in the vehicle, these apply.
  4. The customer is obliged to check the charge status of the booked vehicle via the MOQO app before starting the booking. If this is insufficient, the customer can cancel the booking and book another vehicle. Once the booking has started, free cancellation or rebooking is no longer possible.
  5. If the vehicle has not been charged properly, the customer must notify CSE of this before the start of the booking. The previous user will then be charged a penalty fee in accordance with the fee schedule.
  6. A charging card is provided in the vehicle for charging the vehicle during a booking.

§ 10 Liability of CSE

  1. The liability of CSE, with the exception of liability for injury to life, limb, or health of the customer, is limited to intent and gross negligence on the part of CSE, its legal representatives, or vicarious agents, unless coverage is provided under the liability insurance taken out for the vehicle.
  2. This does not affect the liability of CSE in the event of a breach of essential contractual obligations, nor any liability of CSE under the Product Liability Act.
  3. Lost property must be reported to CSE and handed over. CSE accepts no liability for this.

§ 11 Customer Liability

a) General Liability Rules, Excess

  1. In the event of vehicle damage, vehicle loss, and breaches of this customer contract, the customer shall be liable in accordance with the general liability rules up to the amount of a contractually agreed excess. This depends on the sharing offer used for the booking and is specified therein.
  2. The customer's liability also extends to incidental damages, such as expert costs, towing costs, depreciation, and loss of use.

b) Operating and handling errors, violations of the rules of use

  1. The limitation of liability to the deductible does not cover, in particular, damage caused by mishandling and/or incorrect operation of the vehicle, in particular incorrect refueling, gear shifting errors, ignoring warning lights, improper loading and unloading and inadequately secured loads, failure to observe clearance heights or widths.
  2. If CSE incurs damage in the event of a culpable breach by the customer of their obligations set out in these General Terms and Conditions, the customer shall be fully liable for the entire damage in excess of the deductible.

c) Intentional and grossly negligent damage

  1. There is no insurance cover for damage caused intentionally by the customer or their vicarious agents or authorized drivers, and the customer's liability is not limited to the agreed deductible.
  2. In the event of grossly negligent damage, the customer's liability shall be assessed without limitation to an agreed deductible in proportion to the severity of the fault within the meaning of § 81 (2) VVG (German Insurance Contract Act).

d) Breach of contractual obligations (duties)

  1. The customer shall be fully liable, regardless of any agreed deductible, if an obligation to be fulfilled by the customer, in particular in the event of a breach of his obligations under § 14 (accidents, theft, and duty of disclosure), has been intentionally violated.
  2. In the event of a grossly negligent breach of an obligation to be fulfilled by the customer, the extent of the customer's liability shall be assessed in proportion to the severity of the fault within the meaning of § 28 (2), (3) VVG, regardless of the deductible.
  3. The burden of proof for the absence of gross negligence lies with the customer.
  4. Notwithstanding this, the agreed deductible per claim shall remain in force if the breach of the obligation is not the cause of the occurrence of the claim or the determination or extent of the damage by CSE. This shall not apply if the obligation was breached maliciously.

e) Violations of law, administrative offenses

  1. The customer is liable for any violations of the law committed by them, in particular traffic and administrative offenses during the period of use and in connection with the parking of the vehicle.
  2. The customer undertakes to indemnify CSE against all fines, warnings, fees, costs, and expenses imposed on CSE by authorities, courts, or other third parties in connection with the aforementioned violations.
  3. If CSE incurs expenses or costs in connection with the processing of such administrative offenses and criminal offenses, these shall be reimbursed by the customer.
  4. CSE is entitled to claim a lump-sum compensation in accordance with the schedule of fees, subject to proof of higher damages. The customer reserves the right to prove that no damage or less damage was incurred.

f) Scope of application of this provision

  1. All provisions apply not only to the customer but also to authorized drivers, whereby a contractually agreed deductible does not apply in favor of third parties who are not authorized to drive.

§ 12 Insurance

  1. All vehicles are covered by liability insurance, partial comprehensive insurance, and comprehensive insurance.
  2. The respective deductibles and the possibility of the customer taking out additional insurance coverage are set out in the schedule of fees.
  3. The reduction in the deductible in the event of damage only applies if this was booked before the start of the journey and the authorized driver was specified at the time of booking, unless the customer is the driver.
  4. Insurance benefits may only be claimed with the prior consent of CSE.

§ 13 Duty to notify

  1. The customer is obliged to notify CSE immediately of any changes to their user data (in particular contact and payment details). This is usually done by updating the data in the MOQO app.
  2. If customer data has to be determined by CSE as a result of failure to notify, the customer will be charged penalty fees in accordance with the fee schedule.

§ 14 Accidents, theft, and duty to report

  1. After an accident, theft, fire, damage caused by wild animals, or other damage, in particular involving third parties, the customer is always obliged to call the police.
  2. In the event of damage involving third parties, the customer may not admit fault.
  3. The customer is obliged to inform CSE immediately of any damage (via the MOQO hotline) and to subsequently inform CSE in writing of all details in full and carefully no later than two days after the damage occurred.
  4. The customer may only commission repair and towing orders and other cost-incurring measures with the prior consent of CSE. If such measures are initiated without consent, the cost and liability risk shall lie entirely with the customer.

§ 15 Returning the vehicles

  1. The customer is obliged to return the vehicle properly at the end of the agreed period of use.
  2. Upon return, the vehicle must be properly locked (doors and windows closed) with all documents included and electrical devices switched off, and parked at its original location. The booking must be ended via the MOQO app, after which the vehicle will be automatically locked.
  3. The customer is obliged to check that the vehicle is correctly locked and, if necessary, to contact the MOQO hotline so that the vehicle can be locked remotely.
  4. The customer is obliged to check that the booking has been correctly ended in the MOQO app. If the booking continues unnoticed, this will result in the vehicle being automatically blocked for subsequent users for a long period of time. In this case, the customer will be charged for any damages incurred as a result and a penalty fee.

§ 16 Delays

  1. If the customer is unable to meet the return time specified in the booking, the booking must be extended before it expires.
  2. If an extension is not possible due to a subsequent booking and the customer is actually unable to meet the original return time, the customer is obliged to inform CSE as soon as possible (via the MOQO hotline) so that subsequent users can be informed.
  3. The customer will be charged in full for any use beyond the booked time.

§ 17 Technician call-out

  1. If the customer causes a technician call-out due to their misconduct, they will be charged penalty fees and costs incurred in accordance with the fee schedule.

§ 18 Cross-use

  1. By registering as a user in MOQO, the customer also has access to offers from other providers within the MOQO platform.
  2. If the user takes advantage of such an offer, the terms of use of the provider in question apply.

§ 19 Fees, changes to the price and fee list, terms of payment, deposit

  1. The customer will be charged fees, costs, and charges in accordance with the booked sharing offer and the fee schedule.
  2. If the customer is a member of the association, a membership fee is payable, which is collected annually. In addition, a deposit is payable, which will be refunded without interest upon leaving the association. If payment obligations arise during membership due to damage events that the customer fails to meet, these will be offset against the deposit.
  3. Price increases will be announced on the CSE website at least one month before they come into effect.
  4. The times and distances shown by the booking system are binding for the billing of bookings.
  5. Invoices for bookings are due immediately; payments are triggered automatically via the booking system after the end of the booking.
  6. Invoices issued by the CSE outside of bookings are due immediately.
  7. If payment of an invoice has to be reminded, reminder fees will be charged in accordance with the fee schedule.
  8. This does not affect the CSE's right to claim further damages for delay.
  9. Invoices will only be sent by email to the user's registered address.
  10. CSE will pass on outstanding claims that are not settled after the second reminder to a debt collection service provider.

§ 20 Offsetting, exclusion of objections

  1. The customer shall only be entitled to a right of retention on the basis of counterclaims arising from the contractual relationship.
  2. The customer may only offset claims by CSE with undisputed or legally established counterclaims.

§ 21 Amendment of the General Terms and Conditions, adjustment of fees

  1. Amendments to the General Terms and Conditions are only permissible if they do not fundamentally alter the structure of the contract, in particular if they do not shift the equivalence between performance and consideration to the detriment of the customer.
  2. They are permissible in particular in the event of a subsequent loophole or disruption of the equivalence ratio, e.g. due to changes in the legal situation, case law or market conditions or due to new technical developments.
  3. CSE reserves the right to adjust prices and fees.
  4. Changes to the General Terms and Conditions and price increases will be announced on the CSE website at least one month before they come into effect.
  5. The customer has the right to object to the changes in writing. In this case, they are entitled to a special right of termination.

§ 22 Termination, Blocking

  1. The user agreement is concluded when a user joins one of the CSE's sharing offers. It ends when the user leaves the sharing offer.
  2. The term of the sharing offers is one month, unless otherwise stated.
  3. The user can switch between sharing offers at any time, provided that this is possible with the sharing offers.
  4. If a sharing offer includes regular payments (e.g., subscription fees), these will be charged for the term of the sharing offer. If a change takes place during this term, there will be no refund of fees already paid for the remaining term.
  5. Membership in the CSE association is independent of the use of its sharing offers. Questions regarding membership are regulated in the CSE's articles of association.
  6. The CSE is entitled to exclude a customer from using its sharing offers for good cause.
  7. The CSE is entitled to report a customer to the platform operator (MOQO) for good cause. This report may result in the customer being blocked from using the platform altogether.
  8. Important reasons include, but are not limited to: outstanding claims that are not settled despite reminders; violation of the obligation to cooperate in the event of damage; violation of the obligation to update user data; violation of the obligation to report the loss of a driver's license; repeated violation of other contractual obligations.
  9. In the event of a suspension, CSE will inform the customer of this fact by email. The customer may object to the suspension in writing.

§ 23 Data protection

  1. Details on data protection are set out in our privacy policy.
  2. In order to offer its services, CSE must collect both personal data from its customers and usage-related data from its vehicles. This data is collected, processed, and used in accordance with the provisions of the Federal Data Protection Act.
  3. Appropriate contracts have been concluded with service providers whose applications are used for operations (e.g., booking platform, accounting, vehicle management).
  4. The customer is obliged to provide CSE with all information—including information about other persons—that is necessary for the processing of claims.
  5. Customer data will not be passed on to third parties for commercial use (e.g., advertising).

§ 24 Breach of contract

  1. The CSE's offer and its prices are based primarily on the possibility of operating the business in a largely automated manner. Manual work on the part of CSE will be invoiced to the customer in accordance with the fee schedule if the customer is responsible for this work due to their own misconduct.

  2. Misconduct occurs when the customer violates the provisions of these General Terms and Conditions.

  3. The customer is free to prove that the accusation is unjustified.

§ 25 Other provisions

  1. German law applies.
  2. Verbal side agreements are not valid.
  3. The legal invalidity of individual parts and provisions of the user agreement and these GTC does not affect their validity in other respects.
  4. The place of jurisdiction is Erlangen.