DATA PROTECTION DECLARATION

The responsible body in the sense of the data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the Swiss Federal Data Protection Act (FADP), is:

teslify ag
Issam Khodari
Sihlquai 131
8005 Zurich
Telephone: +41 44 271 10 00
E-mail: legal@teslify.ch
WebSite: https://www.teslify.ch/

Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person whose personal data is being processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.
We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data in accordance with the following legal bases in connection with Art. 6 (1) of the GDPR - insofar as and to the extent that the EU GDPR is applicable:

lit. a) Processing of personal data with the consent of the data subject.

lit. b) Processing of personal data for the performance of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.

lit. c) Processing of personal data for the fulfilment of a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR applies in whole or in part.

lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.

lit. f) Processing of personal data in order to protect the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the data subject do not prevail. Legitimate interests are in particular our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.


Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific, user-related information on the user's terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyse behaviour patterns of page usage, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not want this, you should set your internet browser to refuse the acceptance of cookies.
A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that not all functions of this online offer can then be used.

Privacy policy for contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you have provided there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.
 
Privacy policy for (possible future) comment function on this website

For the comment functions on this website, in addition to your comment, details of when the comment was created, your e-mail address and, if you do not post anonymously, the user name you have chosen will be stored.
Storage of the IP address:
our comment function stores the IP addresses of users who post comments. Since we do not check comments on our site before they are activated, we need this data in order to be able to take action against the author in the event of legal violations such as insults or propaganda.

Rights of data subjects

Right to confirmation

Every data subject has the right to request confirmation from the website operator as to whether personal data concerning him or her are being processed. If you wish to exercise this right of confirmation, you may contact the Data Protection Officer at any time.

Right of access

Every person affected by the processing of personal data has the right to receive information free of charge from the operator of this website about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided on the following, if applicable:

the purposes of processing

the categories of personal data processed
the recipients to whom the personal data have been or will be disclosed
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: Any available information on the origin of the data.
Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If you would like to make use of this right to information, you can contact our data protection officer at any time.

Right of rectification

Every person affected by the processing of personal data has the right to demand the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request that incomplete personal data will be completed, including by means of a supplementary declaration, taking into account the purposes of the processing.
If you would like to make use of this right of rectification, you can contact our data protection officer at any time.

Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right to obtain the erasure from the controller of this website without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws his or her consent on which the processing was based and there is no other legal basis for the processing
The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling
The personal data have been processed unlawfully
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject
The personal data has been collected in relation to information society services provided directly to a child
If one of the above reasons applies and you wish to arrange for the deletion of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the deletion request to be complied with immediately.


Right to restrict processing

Any person affected by the processing of personal data has the right to request the controller of this website to restrict the processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data
The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it to assert, exercise or defend legal claims
The data subject has objected to the processing on grounds relating to his or her particular situation, and it is not yet clear whether the legitimate grounds of the controller override those of the data subject
If one of the aforementioned conditions is met, you can request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing.

Right to data portability

Every person affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, common and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met.
Furthermore, the data subject has the right to obtain that the personal data will be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
To assert the right to data portability, you may at any time contact the data protection officer appointed by the operator of this website.

Right of objection

Any person concerned by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her.
The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the assertion, exercise or defence of legal claims.
To exercise the right to object, you may directly contact the Data Protection Officer of this website.

Right to withdraw consent under data protection law

Every person affected by the processing of personal data has the right to revoke a given consent to the processing of personal data at any time.
If you wish to exercise your right to withdraw consent, you can contact our data protection officer at any time.

Services subject to a charge

For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.
 
Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, then Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".
The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".
The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f DS-GVO. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" in order to ensure anonymised collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.
Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Google Analytics uses cookies. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: Deactivate Google Analytics.
Furthermore, you can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will save a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your terminal device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

Privacy policy for Google Ads

This website uses the online marketing tool Google Ads by Google ("Google Ads"). Google Ads uses cookies to serve ads that are relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to record which ads are shown in which browser and can thus prevent them from being shown more than once. In addition, Google Ads can use cookie IDs to record so-called conversions that are related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later calls up the advertiser's website with the same browser and buys something there. According to Google, Google Ads cookies do not contain any personal information.
Due to the marketing tools used, your browser automatically establishes a direct connection with Google's server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that Google will obtain and store your IP address.
You can prevent participation in this tracking process in various ways:
by adjusting your browser software settings accordingly; in particular, suppressing third-party cookies will result in you not receiving third-party ads;
by disabling conversion tracking cookies by setting your browser to block cookies from the domain "www.googleadservices.com", https://adssettings.google.com, which setting will be deleted when you delete your cookies;
by disabling interest-based ads from the providers that are part of the self-regulatory campaign "About Ads", via the link https://www.aboutads.info/choices, this setting being deleted when you delete your cookies;
by permanently deactivating them in your Firefox, Internetexplorer or Google Chrome browsers at the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part (Art. 6 para. 1 p. 1 lit. f DSGVO). Further information on Google Ads from Google can be found at https://ads.google.com/intl/de_DE/home/, as well as on data protection at Google in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at https://www.networkadvertising.org.
 
Privacy policy for Twitter

This website, respectively teslify ag uses functions of Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When calling up our pages with Twitter plug-ins, a connection is established between your browser and the servers of Twitter. In the process, data is already transferred to Twitter. If you have a Twitter account, this data can be linked to it. If you do not wish this data to be associated with your Twitter account, please log out of Twitter before visiting our site. Interactions, in particular the clicking of a "Re-Tweet" button, are also passed on to Twitter. You can find out more at https://twitter.com/privacy.

Privacy policy for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.
For more information, please see Instagram's privacy policy: http://instagram.com/about/legal/privacy/
 
External payment service providers

This website uses external payment service providers through whose platforms users and we can make payment transactions. 
For example via
PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
American Express (https://www.americanexpress.com/de/legal/online-datenschutzerklarung.html)
Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
Stripe (https://stripe.com/ch/privacy)
 
In the context of the fulfilment of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. EU-DSGVO. Furthermore, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, where necessary, in accordance with Art. 6 para. 1 lit. f. EU-DSGVO in order to offer our users effective and secure payment options.
The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, totals and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with them. We as the operator do not receive any information about the (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers.
The terms and conditions and data protection information of the respective payment service providers apply to the payment transactions and can be accessed within the respective website or transaction applications. We also refer to these for further information and the assertion of revocation, information and other data subject rights. 

Audio and video conferencing

We use audio and video conferencing services to communicate with our users and others. In particular, we can use them for audio and video conferencing, virtual meetings and training such as webinars.
We only use services that ensure an appropriate level of data protection. In addition to this privacy policy, any terms and conditions of the services used, such as terms of use or privacy statements, also apply.
In particular, we use Zoom, a service provided by the American Zoom Video Communications Inc. Zoom also grants the rights under the European General Data Protection Regulation (GDPR) to users in Switzerland. Further information on the nature, scope and purpose of data processing can be found in the data protection guidelines and on the "Legal provisions and data protection" page of Zoom in each case.
 
Privacy policy for YouTube

Functions of the "YouTube" service are integrated on this website. "YouTube" is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.
Your legal agreement with "YouTube" consists of the terms and conditions set out at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These terms constitute a legally binding agreement between you and YouTube regarding your use of the Services. Google's privacy policy explains how YouTube treats and protects your personal data when you use the service.
 
Order processing in the online booking process

We process the data of our customers in accordance with the data protection provisions of the German Federal Data Protection Act (Datenschutzgesetz, DSG) and the EU Data Protection Regulation (EU-DSGVO), as part of the ordering process in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The data processed includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the contents of the shopping cart, and permanent cookies, e.g. for storing the login status.
The processing is based on Art. 6 Para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request for delivery or payment).
Users can optionally create a user account, in which they can view their orders in particular. Within the scope of registration, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Information in the customer account shall remain until it is deleted and subsequently archived in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.
Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed at irregular intervals. In the case of statutory archiving obligations, deletion takes place after their expiry.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with the data protection provisions of the German Federal Data Protection Act (Datenschutzgesetz, DSG) and the EU Data Protection Regulation (EU-DSGVO) pursuant to Art. 6 Para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of its processing are determined by the underlying contractual relationship.
The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contents of the contract, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless these are components of a commissioned or contractual processing.
We process data that is required for the justification and fulfilment of contractual services and point out the necessity of their disclosure, unless this is evident to the contractual partners. Disclosure to external persons or companies only takes place if it is necessary in the context of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements.
When using our online services, we may store the IP address and the time of the respective user action. This storage is based on our legitimate interests as well as the interests of users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims pursuant to Art. 6 Para. 1 lit. f. DSGVO or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c. DSGVO.
The deletion of the data takes place when the data is no longer required for the fulfilment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations apply.
 
Note on data transfer to the USA

Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.
 
Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.
 
Questions to the data protection officer

If you have any questions about data protection, please write to us by e-mail or contact the data protection officer in our organisation listed at the beginning of this privacy statement directly.
 
Zurich, 22.01.2021
Source: SwissAnwalt.CH

General terms and conditions of teslify ag in relation to the rental of vehicles

1   General information and scope of application

teslify ag is a public limited company registered in the Commercial Register of the Canton of Zurich, the purpose of which is, among other things, the rental of vehicles. 

These General Terms and Conditions (hereinafter "GTC"), together with an individual rental agreement (hereinafter "Agreement" or "Contract"), govern the conclusion, content and execution of agreements for the rental of vehicles by teslify ag (hereinafter "teslify") to customers (hereinafter "Lessee", "Hirer", "Tenant" or "Renter"). If individual agreements and the GTC contain provisions that differ from each other, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of the GTC shall apply.

The GTC are deemed to be accepted by the tenant by submitting a booking request. 

The validity of any general terms and conditions of the tenant is hereby excluded.

2   Conclusion of contract 

The booking request is a binding offer within the meaning of Art. 3 et seq. of the Swiss Code of Obligations for the conclusion of a contract for the rental of a vehicle. The contract is concluded by written confirmation from teslify to the tenant. 

The content of the concluded contract is confirmed by the tenant's signature (in person or on an electronic device) when taking over the vehicle.

If the desired vehicle model is not available, teslify reserves the right to offer the tenant another vehicle model or to reject the tenant's booking request. 

If a vehicle is not available at the agreed time, teslify is entitled to offer the tenant another vehicle model even after conclusion of the contract. If the offered vehicle belongs to a cheaper category, the rental price may be reduced depending on the effort involved. If the vehicle belongs to a more expensive category, the originally agreed rental price shall remain in effect. The unavailability of the desired vehicle model does not entitle the tenant to withdraw from the contract or to claim damages. If no vehicle is available, teslify is entitled to withdraw from the contract without liability for damages.  

3   General rental requirements 

teslify rents vehicles exclusively to legal entities or to natural persons over 18 years of age with a driving license valid in Switzerland for the corresponding vehicle category. For Performance models, it is also a prerequisite that the first issuance of the required national driver's license of all agreed drivers was at least 18 months ago. Tesla Model X Performance models are only rented to over 25-year-olds.

4   Tariffs

The respective rates can be found in the rate list on the teslify website or in the contract. A daily rental covers 24 hours. A rental period shorter than 24 hours or an early return has no influence on the rental price and the additional services booked, unless otherwise agreed. From the 25th hour another rental day will be charged. In the case of long-term rentals, not only the rates but also the included services may differ.

5   Delivery and collection service 

If notified in advance by the lessee and subject to availability, teslify offers the lessee a free delivery and collection service at all locations in Switzerland and the Principality of Liechtenstein that are easily accessible. For an additional charge and subject to availability, teslify also offers the delivery and collection service in the other neighboring countries. The tenant is requested to inform teslify as early as possible where he/she wishes to receive the vehicle and return it after use. In the event of last-minute enquiries or requests for changes, as well as in the event of considerable additional expenditure for teslify, teslify can also offer the delivery and collection service in Switzerland and the Principality of Liechtenstein for an additional charge. The delivery and collection service shall only be deemed to have been agreed once it has been confirmed in writing by teslify (including details of place and time). The special provisions on handover and return must be observed (cf. in particular Sections 7.3, 7.4, 12, 15.1 and 15.2).

6   Deposit

To secure all claims of teslify arising from or in connection with the contract, the tenant is obliged to pay an interest-free deposit of at least CHF 1'000 at the latest when taking over the vehicle. In the case of hirers not resident or domiciled in Switzerland or drivers without a Swiss driving license, the deposit shall amount to at least CHF 2’000. The deposit may be paid in cash or blocked on the credit card. If the deposit is not paid in due time, teslify is entitled to refuse to hand over the vehicle and to hold on to all claims or to withdraw from the contract and claim damages. teslify is entitled to assert its claim for payment of the deposit at any time. 

teslify is entitled to mix the deposit with its assets and to offset it against all claims against the lessee in connection with the contract. If no set-off is made, teslify shall return or release the deposit within 5 working days after the return of the vehicle. In the event of disputed claims, teslify reserves the right to retain the deposit until these have been clarified.

7   Handover

7.1   General

The vehicle shall be handed over at the registered office of teslify or at the handover location agreed at the request of the tenant and confirmed in writing by teslify. A handover protocol shall be drawn up upon handover of the vehicle. The lessee or an agreed driver shall be obliged to present the following documents when taking over the vehicle:

a)  A national driver's license valid for driving a vehicle in Switzerland and issued in Latin script with an explicit and comprehensible indication of the required vehicle category (e.g. a Swiss driver's license). If the national driver's license does not fulfill all the above-mentioned points, a valid international driver's license must also be presented.

b)  A valid passport or Swiss identity card or an identity card from an EU country.

If one of these documents is not available when the vehicle is handed over, teslify is entitled to refuse to hand over the vehicle without further ado and to stick to the rental price plus the price of booked additional services or to withdraw from the contract and demand compensation for damages. 

7.2   Vehicle condition at handover 

When handing over the vehicle, the hirer must ensure that the mileage and the battery status correspond to the information in the handover report and that any damage to the vehicle is marked or described on the sketch in the handover report. The hirer must confirm the correctness of the information in the handover report with his signature. If no entry is made in the handover report, it may be assumed that the damage was not present at the time of handover. 

The tenant must also ensure that the vehicle is in safe operating condition before commencing the rental. If there are defects that restrict the operational safety or if maintenance work is required to ensure operational safety, the further procedure must be discussed with teslify before the start of the journey. 

7.3   Late takeover

If the tenant arrives after the agreed time, the rental price plus any additional services booked will remain for the unused period (default of acceptance). In case of late takeover, teslify is additionally entitled to charge the tenant a handling fee of maximum CHF 200.

If the vehicle was not accepted on the agreed date, teslify is no longer obliged to maintain the reservation and may withdraw from the contract. In the case of an agreed delivery service, teslify may withdraw from the contract with prior notification of delay by the tenant 2 hours after the originally agreed delivery time and without notification of delay after 30 minutes of delay. 

In the event of cancellation due to late takeover by the tenant, teslify may charge a cancellation fee of a maximum of CHF 250. Compensation for damages remains reserved. 

7.4   Special features of the delivery service

If the vehicle is taken over at a location other than teslify's headquarters, it cannot be guaranteed that the vehicle can be handed over perfectly clean, both inside and out. In addition, delays may occur in the delivery service due to weather or traffic conditions. Delays will be notified to the hirer as early as possible. The hirer shall not be entitled to a corresponding extension of the rental period or to any other compensation. However, from a delay of 90 minutes, the tenant has the right to withdraw from the contract due to late delivery, without any consequence of damages at the expense of teslify. 

8   Use of the vehicle

8.1   Intended purpose and driver

The vehicle may only be driven by the hirer or by agreed drivers. The tenant must give each driver a briefing on the vehicle. The tenant must inform teslify in advance of the name and address of the drivers. All drivers have to carry their original driver's license. 

8.2   Intended use 

The use of the vehicle is only permitted within the scope of the agreed purpose of use. In particular, the use of the vehicle is prohibited:

a)  to learning journeys, driving courses or similar;
b)  to participate in motor sport events and vehicle tests;
c)  to take part in car races (such a speed is automatically assumed in Switzerland, in particular at a speed of 160 km/h);
d)  for the carriage of highly flammable, toxic or otherwise dangerous substances;
e)  to commit customs and other offenses, even if these are only punishable under the law of the place where the offense is committed
f)  for the carriage of passengers or goods for reward; 
g)  for towing or moving other vehicles;
h)  to carry out journeys that require an official permit; 
i)  for travel through unpaved terrain , field and woodland paths;
j)  for rent.  

8.3   Trips abroad

Trips abroad are only permitted in countries within the local area of validity of the insurance taken out by teslify.

a)  The insurance in accordance with Clause 14 applies to loss events occurring in Switzerland and the Principality of Liechtenstein, in the states of Europe and in the Mediterranean rim and island states. In the case of transport by sea, the insurance cover is not interrupted if the place of departure and destination are within the local validity.

b)  However, the insurance does not apply in the following countries: Belarus, Moldova, Ukraine, Russian Federation, Georgia, Armenia, Azerbaijan, Kazakhstan, Egypt, Algeria, Lebanon, Libya and Syria.

c)  teslify reserves the right at any time to prohibit foreign travel - irrespective of the local scope of the insurance - to other countries as well.

The hirer must inform himself/herself about the special traffic regulations in force in the countries through which he/she will pass during the journey. In particular, the tenant must independently take care of the vehicle and other equipment required by law in the respective country when traveling abroad. These are at the expense of the tenant and are not covered by teslify. 

All fees required for foreign journeys, such as road tolls, foreign vignettes, environmental badges, toll charges or the like, are the responsibility of the hirer and shall be borne by him. These are not included in the rental price. 

If the residence of an agreed driver is within the European Union (EU), there may be customs restrictions when crossing the border. Before the vehicle crosses the border into the customs territory of the EU, the hirer must inform himself/herself about the relevant regulations and is responsible for complying with them. In the event of non-compliance, the tenant shall be liable for any resulting costs and shall be obliged to fully indemnify teslify against any costs incurred. 

In case of repatriation we charge CHF 3.- per kilometer. 

8.4   Careful use 

The hirer undertakes to handle the vehicle properly and in accordance with the operating instructions and to maintain it in a roadworthy condition. The hirer also undertakes to drive the vehicle only when it is in a roadworthy condition and to heed any warning signals given by the vehicle and to act accordingly.
 
Furthermore, the lessee undertakes to adequately protect the vehicle from unauthorized third parties and damage. 

The following actions are prohibited: 

a)  Smoking and rolling cigarettes or the like in the vehicle.
b)  Eating in the vehicle 
c)  Charging the battery above 90%
d)  Draining the battery 
e)  Carrying animals 
f)  Switch off the GPS 

8.5   Repairs

Repairs or similar which become necessary to ensure the operational and road safety of the vehicle may only be commissioned with the consent of teslify. The costs of approved repairs or similar shall be borne by teslify on presentation of the relevant receipts, insofar as the lessee is not liable for the damage.

8.6   Behavior in the event of accidents, theft or other damage to the vehicle 

After an accident, theft or other damage to the vehicle, the tenant must immediately notify the police and teslify. In the event of a collision, he/she must also fill out a European accident report, which details the course of the accident and the persons involved (incl. registration number and address) as well as any witnesses. The accident report can be found in the glove compartment. Opposing claims may not be recognised without the consent of teslify. Self-accidents (without the involvement of third parties) and minor damage must also be reported to teslify immediately. The tenant hereby authorizes teslify to inspect police and/or official files in the event of a claim. In the event of a breakdown through no fault of the tenant or third parties, the Tesla Service Hotline must also be notified. The telephone number can be found in the electronic manual.

If the vehicle is no longer drivable, teslify provides a replacement car if available. Normally the costs are borne by the tenant. 

9   Data protection

When processing data, teslify observes the legal provisions applicable in Switzerland. The tenant consents to the data processing necessary for the handling of the tenancy or for the enforcement of claims arising from the tenancy and authorized teslify in particular to process all data made available to it (e.g. personal details, e-mail address, passport/ID information incl. pictures, credit card details etc.). The tenant also explicitly agrees to the transfer of data to collection agents for the enforcement of claims. The tenant also explicitly agrees that teslify may hand over existing data in the event of justified requests from authorities. The provisions of the GTC take precedence over the privacy policy published on the website.

10   Remuneration 

10.1   Rental price

The hirer undertakes to pay the agreed rental price plus the additional services booked. The car is definitely reserved for the tenant only after receiving the payment.  

10.2   Additional services

Booked additional services will be charged to the tenant even if he/she has not made use of them.

Depending on the vehicle, additional kilometers driven will be invoiced at a flat rate of CHF 0.70-4.00 per kilometer and, if applicable, offset against the deposit paid. The flat rate per kilometer is specified in the contract. 

10.3   Battery charging costs

The vehicle must be returned with a charge level of at least 75%. If the vehicle is returned with a lower charge level than agreed, the recharging can be invoiced at the average market price plus a charging fee of CHF 100.  

The battery charging point at a Tesla Supercharger charging station must be vacated immediately after charging, otherwise charges may be incurred. These blocking fees can be charged to the tenant. 

10.4    Further costs 

In the event of excessive soiling of the vehicle, teslify is entitled to charge the tenant a cleaning fee of CHF 350. 

Fines and fees due to traffic violations will be charged to the tenant. For fines and fees, teslify may also charge a maximum processing fee of CHF 100, which is to be borne by the tenant. For damage processing, teslify may charge the tenant a maximum fee of CHF 350.

The hirer may be charged for additional expenses incurred in the event of improper return of the vehicle in accordance with Clause 15.2. Compensation for damages remains reserved. 

If an outstanding debt is not settled within the granted payment period, teslify is entitled to charge the tenant CHF 40 per reminder.

If a tenant books a vehicle independently via the website without contacting teslify in advance and teslify has to reject this booking, the credit card fees will be charged to the tenant. 

11   Payment modalities

11.1   Means of payment

Payment for amounts up to CHF 2’000 is possible with American Express, Mastercard and Visa, Maestro, Carte Bancaire, Twint and via PayPal. Larger amounts are only accepted by bank transfer. Cash is only accepted in Swiss francs.

11.2   Due date for payment  

The rental price plus booked additional services as well as the deposit are due at the latest when the vehicle is handed over. For long-term rentals, a monthly rent payable in advance may be agreed. teslify may, however, demand the aforementioned receivables at an earlier date. 

Other services booked after the vehicle has been taken over are due together with the next rental payment (if agreed), at the latest, however, upon termination of the rental relationship or upon premature return of the vehicle. teslify is entitled to offset all due claims against the deposit, but may also charge these directly to the credit card or invoice them directly.

If a return to a location other than teslify's registered office has been agreed and there is still a residual claim after offsetting against the deposit, teslify will send the tenant an invoice with a 3-day payment deadline for the outstanding claim. 

11.3   Electronic invoice  

The tenant agrees that invoices from teslify will be sent exclusively electronically to the e-mail address provided by the tenant. The lessee is responsible for ensuring that electronic invoices can be delivered to him. The lessee shall be responsible for any faults in the receiving equipment or other circumstances that prevent access. 

12   Delay

If a claim is not paid by the lessee in due time, teslify is entitled to refuse to hand over the vehicle until the claim has been settled. If the vehicle has already been handed over to the lessee, teslify may terminate the contract with immediate effect after issuing a written warning and setting an unsuccessful grace period. The lessee shall return the vehicle to teslify's registered office without delay and shall be liable for any damage arising from the delay in payment and any delay in return. 

If outstanding invoices are not paid by the tenant within the guaranteed payment period, the tenant will be put in default with a reminder and will owe teslify a default interest of 5%. 

13   Liability 

The hirer shall be liable for any damage and all costs arising from or in connection with the rental relationship, insofar as insurance does not cover this. In particular, the hirer shall pay full compensation for damage to the vehicle caused by the hirer, a driver or passenger in breach of contractual or legal obligations and/or through improper use. Any excess claimed by the insurance company shall be borne by the hirer. The hirer is responsible for all offenses against the law or the contract caused with the hired vehicle until the vehicle is returned in an orderly manner. In particular, the hirer shall be liable for any fines that are driven in during the rental period.

Any liability on the part of teslify and any auxiliary persons employed by it shall be excluded to the extent permitted by law. teslify shall in particular not be liable for delays and consequential damages, for loss of profit, for indirect or consequential damages and for consequential damages caused by defects. 

In the case of activation of the Tesla Autopilot, or a function corresponding to autonomous driving, the driver drives at his or her own risk, must remain perceptive and be able to take control in critical situations if necessary. 

14   Insurance

Included in the rental price is a legally required motor vehicle liability insurance as well as a collision comprehensive insurance with Zurich Insurance Company Ltd. 

There is no insurance cover for items brought along. Furthermore, there is no insurance for the passengers of the vehicle (passenger insurance).

General Insurance Conditions (GIC) of Zurich Insurance Company Ltd's motor vehicle insurance (edition 11/2021) apply, in which the insurance benefits, conditions and exclusions for motor vehicle insurance (third-party liability, collision and comprehensive insurance) are regulated. The GIC are available on request from teslify and on the website of Zurich Insurance Company Ltd.

In the absence of a written agreement to the contrary, there is a deductible of CHF 2,000 per claim for which teslify's insurance provides benefits.

For the processing of claims, teslify may charge a fee of a maximum of CHF 350, which is to be borne by the tenant. This fee is neither covered by the insurance nor included in any deductible. 

15   Return

The vehicle shall be returned at teslify's registered office or at the return location agreed at the request of the tenant and confirmed in writing by teslify.

Unless otherwise agreed, the lessee must return the vehicle to teslify with the same state of charge as when it was handed over. If the vehicle has a lower state of charge when it is returned, the recharging may be invoiced at the average market price plus a recharging fee of CHF 100.

15.1   Return without personal acceptance by teslify employees 

If a return outside teslify's opening hours is agreed, if no teslify employee is available at the time of return or if a pick-up service has been agreed, the tenant must complete and sign a return protocol and leave it in the glove compartment at teslify's request. He/she must remove the key battery and leave the key in the vehicles center console. The battery must also be placed in the car along with the key. After leaving the vehicle, the hirer must make sure that the doors and windows are locked. If the locking is not carried out automatically by the vehicle, it can be carried out remotely by teslify - after the tenant has informed teslify accordingly. The tenant must immediately notify teslify in writing or verbally that the vehicle has been properly parked. 

In the case of an agreed pick-up service, unless otherwise agreed with teslify, the vehicle must be allowed to remain in the car park for a further 12 hours free of charge from the agreed return time or the car park must have been prepaid by the hirer for at least this duration. The lessee is obliged to ensure that there is no risk of damage to the vehicle at the return location (e.g. due to falling branches). Even after the vehicle has been parked, the tenant is liable for any damage caused to the vehicle up to the time it is actually collected or taken over by an employee of teslify. 

15.2   Late return 

If the vehicle is not returned to the agreed location at the agreed time, the tenant will be charged an hourly rate of CHF 80 per commenced hour from 30 minutes late. In addition to the hourly rate, the tenant may be charged for any damages arising from the late return (e.g. for a missed rental). teslify is additionally entitled to charge the tenant a handling fee of a maximum of CHF 150 in the event of late return. 

16   Withdrawal of the tenant

If the tenant withdraws from the contract without a defined and permissible reason for withdrawal, the tenant shall not be entitled to a refund of the payments already made or to a waiver of the existing claims. Nor shall the hirer be entitled to compensation for damages. A postponement of the booking dates is only possible by mutual agreement.

a)  up to 20 days before the rental starts, a handling fee of at least CHF 150 will be charged

b)  up to 7 days before the rental starts 50% of the total amount will be refunded

c)  from 5 days before the rental starts, the entire amount is owed.

Cancellation must be made in writing by the renter. Credit card fees are always at the expense of the renter and are not included in the above conditions. 

17   Cancellation

The tenant is entitled, after written notice, to return the vehicle early to teslify's headquarters or by agreement. In the event of an early return, the lessee will be charged for a further three days after the return of the vehicle, but no longer than the end of the normal rental period. If the rental period charged (actual rental period plus three days) falls into another tariff category, this shall form the basis for calculating the rental charge. In the event of early return, the included kilometers will also be reduced retroactively and proportionately to the invoiced rental period.  

18   Formal requirement 

Unless otherwise agreed, correspondence by e-mail, SMS and WhatsApp shall be deemed equivalent to writing.

19   Changes

teslify is entitled to amend these GTC at any time. The version in force at the time of conclusion of the contract shall apply to the lessee. If the GTC is amended in the period between the request and acceptance, the lessee shall be informed of the new version prior to the conclusion of the contract. If he does not withdraw his request within a reasonable period of time, teslify shall be entitled to conclude the contract with the new GTC.

20   Jurisdiction and applicable law

The tenancy is governed exclusively by Swiss law. The place of jurisdiction for all disputes in connection with the tenancy is the city of Zurich. teslify shall, however, remain entitled to bring an action before any other competent court.

21   Severability clause 

Partial or complete nullity or invalidity of one or more provisions of the contract, including these GTC, shall not affect the validity of the remaining provisions. Any provisions that are invalid or have become invalid shall, in the application of the contract, be replaced by provisions that come as close as possible to the purpose intended by the invalid provisions. In the event of contradictions, the German text of the contract shall be decisive.

teslify ag 

Zurich, August 28th 2022