Colorful, eye-catching and can be found in more and more cities: rental vehicles such as e-scooters, scooters, bicycles or cars - used collectively - should be an environmentally friendly addition to conventional means of transport. Even if the world of fast and uncomplicated sharing is finding more and more fans, the providers' general terms and conditions are rather bulky and opaque and therefore anything but consumer-friendly. As part of a nationwide market check, the consumer advice centers examined the general terms and conditions (Terms and Conditions) of 54 providers in the area of ​​sharing mobility and found some blatant legal violations in the terms and conditions.

Terms and conditions of all providers with legal violations

All providers examined had some serious legal deficiencies in their terms and conditions. What particularly caught the eye was the examination of the general terms and conditions of a company where consumer advocates found a total of 63 ineffective clauses.

Of the companies warned, around half immediately issued a cease-and-desist declaration. In some cases, lawsuits have been filed or the legal proceedings have already been successfully concluded. Some providers are now insolvent or have withdrawn from the business area, so legal action has been refrained from. In a few cases, consumer advice centers had to refrain from taking legal action because the providers were based abroad or the ownership situation had fundamentally changed.

Ineffective and bizarre clauses

Providers particularly often tried to pass on the liability across the board to borrowers - even if they did not act culpably. Many providers only require the vehicle to be returned in the same condition as before use. Borrowers should then also have been liable for normal dirt or wear and tear.  

The consumer advocates also noticed high, so-called service fees for minor violations - such as overstaying the rental by a few minutes or incorrect parking by just a few meters. In addition, an attempt was made to pass on extensive testing obligations to borrowers before and during use.  

Numerous bizarre clauses were also noticed during the audit. In some cases, it was forbidden to take everyday items such as deodorant and nail polish with you, or you were required to always contact the police in the event of damage. Especially if borrowers cause a small paint scratch in their own driveway in a parking accident, they would be obliged, according to the terms and conditions, to immediately contact the provider and also the police. From the perspective of consumer advocates, it is sufficient to report minor damage to the provider when the rental process is ended.

In addition, it was found that some providers either do not provide any or incorrect legal information and in many cases general standard clauses are legally ineffective. For example, some providers, contrary to current law, did not want to allow consumers to take legal action either at their place of residence or at their company headquarters in the event of a legal dispute.

Further information at: Sharing economy without stress

Source: Hesse Consumer Center

Also read:
E-scooters: What you should pay attention to!
E-scooter? Electronic waste or green savior in the mobility transition?


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