Terms and Conditions applicable to the Use of the Sixt Ride-Platform (including the Sixt Ride-App) and to the Services provided by Service Providers ("Sixt Ride T&C")
- Scope of Application. These Terms and Conditions (“Sixt Ride T&C”) of Sixt Ride GmbH & Co. KG („Sixt Ride“) govern (i) the access and use of the websites www.sixt.co.uk/ride, www.sixt.com/ride, www.sixtlimousine.com, www.mydriver.com, the mobile application Sixt Ride (“Sixt Ride app”) and other content, websites, applications, products and services made available or supplied by Sixt Ride (in the following jointly referred to as "Platform"), the (ii) arrangement of agreements on driver, mobility, and logistics services ("Services“) with Service providers (“Service Providers”) through the Platform or associated applications, by phone or email, and (iii) the content of the arranged agreements. Associated applications are applications, websites and systems operated by third parties (“Third Party Application Operators”) cooperating with Sixt Ride, via which Sixt Ride or Third Party Application Operators arrange agreements on Services (“Associated Applications”).
- About Sixt Ride. Sixt Ride arranges agreements on Services (“Service Agreements”) which are concluded between users and Service Providers.
- Users. "Users" in terms of these T&C are individuals and legal entities who use the Platform, with or without having registered with Sixt Ride for the use of the Services or the Platform. Registration and the conclusion of Service Agreements via the Platform is only possible for individuals which are not limited in their legal capacity, legal entities and partnerships. The registration of, and the conclusion of a Service Agreement via the Platform for or by, a legal entity or a partnership may only be made by an individual with power of attorney, who shall be identified by name.
- About Service Providers. Service Providers can be Service Providers registered (i) with Sixt Ride for the use of the Platform (“Platform Service Providers”), or (ii) with a transportation network company (“TNC”) with which Sixt Ride cooperates to arrange Service Agreements (“TNC Service Provider”). TNCs operate own networks allowing users to arrange transportation contracts with Service Providers registered with TNCs (“TNC Networks”). TNC Service Providers operate in accordance with the rules of the TNC Network. Sixt Ride indicates during the booking process whether a Service selected by the User is to be provided by a Platform Service Provider or a TNC Service Provider. Providers of taxi services can be either Platform Service Providers or TNC Service Providers, depending on whether they are registered with Sixt Ride or a TNC.
- About the Services. Services include one-way transfers (a transfer from a defined starting point to a defined destination or a transfer from a defined starting point without defined destination) and hourly bookings (the provision of a vehicle with a driver for a certain time period).
- Acceptance of T&C. By accessing, registering for or using the Platform, or concluding agreements arranged by Sixt Ride via Associated Applications, the User accepts the application of these T&C. Therefore, please read these T&Cs carefully before accessing, registering for, or using the Platform or concluding agreements via Associated Applications. If a Service is to be provided by a TNC Service Provider, the User may have to also accept the terms and conditions of the TNC.
- Modification of T&C. Sixt Ride reserves the right to make modifications of these T&C which do not affect this Section I 7 and Sixt Ride’s main performance obligations and are not equivalent to the conclusion of a new contract. Such modifications will be posted at www.sixt.com/ride/terms. The modifications will only form part of the agreement once the User has accepted these modifications. It is sufficient for this purpose, if Sixt Ride informs the User of the new version of the T&C using the e-mail which has been provided by the User for notification purposes. In case the User does not object to the modifications of the T&C within four weeks, the acceptance shall be deemed as granted. As part of the e-mail, which is used to communicate the new version of the T&C, Sixt Ride will inform the User about the possibility to object to the modification and regarding the meaning of the four-week-deadline.
- No application of terms and conditions of user. Terms and Conditions of the User are not applicable, even if Sixt Ride does not explicitly object to their inclusion.
- Language of agreement. The language of the agreement is English.
- Availability of these T&C. The current version of the T&C shall always be displayed, and Users are also authorized to print or save electronic copies.
II. Registration for the Platform
- Registration process. Registration for the Platform is voluntary and free of charge. Guest bookings are possible on the Platform. To complete the registration process, the User is required to provide certain details (e.g., first and last name, email). If the User requests registration online, the contract details are displayed for the User for confirmation prior to sending the registration request and the User can always correct their details up until sending the request for registration. Sixt Ride reserves the right to accept or reject a request for registration and there shall be no claims to registration. The contract regarding the registration to the Platform becomes valid only if Sixt Ride accepts the request. In that case, Sixt Ride will inform the User via e-mail to the e-mail address provided by the User and generate a user account for the User. The confirmation of the registration will be stored by Sixt Ride, however, it will not be visible and accessible anymore to the User through the Platform.
- Accuracy of details. The User is obliged to maintain accurate, up-to-date, and complete details in their account. Failure to keep accurate, up-to-date, and complete account details may result in the User’s inability to access and use Services or Sixt Ride’s termination of this Agreement with the User.
- Passwords. The User is required to keep his password secret. S/He is not entitled to allow third parties to use his or her user account. As soon as the User is aware or has reason to believe that a third party is accessing his/her login details or otherwise gained or may gain access to his/her user account, s/he is obliged to notify Sixt Ride about this fact immediately. Sixt Ride is then entitled to block the User account until clarification of the issue.
- Liability for misuse of user account. The User is liable to Sixt Ride for all actions, which are carried out using User’s account, unless the User is not responsible for such misuse.
- Termination. The registration is for an indefinite duration. The User can deregister at any time without prior notice by declaring in written form by mail or hand delivery to: Sixt Ride GmbH & Co. KG, Zugspitzstrasse 1, D-81049 Pullach, Germany, or by email from the email address associated with the User account to: [email protected]. Sixt Ride can also deregister a User at any time without prior notice by communicating by email to the email address associated with the User account.
III. Service Agreements – Contractual Relationship & Conclusion
- Contractual Relationship. Sixt Ride enables Users to agree on and schedule Services with Service Providers via the Platform or Associate Applications. Sixt Ride arranges Service Agreements which are concluded between the User and the Service Provider (including a TNC contracting as a Service Provider) directly. Thus, Users are entitled to file claims against Service Providers directly. The User acknowledges that Sixt Ride serves strictly as an intermediate or broker and not as a service provider. The User shall have no claim to the formation or arrangement of Service Agreements.
- Conclusion of Service Agreements. Service Agreements between the User and Service Providers are concluded through the Platform as follows:
- Submission of Booking Request. First, the User indicates the desired Service (e.g., one-way or hourly booking) and fills in the booking screen of the Platform or an Associated Application. If the User books via the Platform, the fee or an estimated fee for the Service will then be displayed for each available booking class. An estimated fee will be displayed if the fee is calculated based on individual factors, such as time and distance (e.g. in accordance with TNC T&Cs or applicable regulation in case the Service is to be provided by a taxi company). The User then chooses a booking class and confirms his/her payment method, the associated billing details, and contact information supporting the provision of Services. The User can review and correct the details of his/her Service request (“Booking Request”) before submitting the Booking Request by clicking the button "BOOK NOW & PAY" (or a button with a similar indication). If the User books via an Associated Application, the booking process implemented and described by this Associated Application applies. When a User chooses a Service to be arranged via a TNC Network and provided by a TNC Service Provider, an (additional) agreement between the User and the TNC operating the TNC Network is concluded; this additional agreement is governed by the terms and conditions of the TNC (“TNC T&C”), except if these Sixt Ride T&C provide that certain stipulations of the TNC T&C shall not apply (e.g. regarding payment and invoicing). The applicable TNC T&C (or a link to them) will be displayed during the booking process, and need to be accepted by the User.
- Formation of Service Agreement.
- Formation of Service Agreement with a Platform Service Provider. When a User submits a Booking Request whether via the Platform, by phone or by email, or via an Associated Application to Sixt Ride for Services to be provided by a Platform Service Provider, the User makes an offer for the conclusion of a Service Agreement with a Service Provider. Upon receiving a Booking Request, Sixt Ride or, when a booking is made via an Associated Application, Sixt Ride or the Third Party Application Operator sends to the User an email to confirm the receipt of the Booking Request, including the details that were received. Except if the Service Provider is a taxi company, the Service Agreement between the User and the Service Provider only comes into effect upon Sixt Ride’s or the Third Party Application Operator’s submission of a separate statement (“Ride Details”) by email shortly before the ride, stating the name and contact details of the selected Service Provider. In addition to these Sixt Ride T&C, the Booking Conditions applicable at the time of booking shall apply to Service Agreements. If the Service Provider is a taxi company providing taxi services, the Service Agreement is concluded in accordance with the regulation applying to the taxi company and contradicting stipulations in these Sixt Ride T&C for the Service Agreements shall not apply.
- Formation of Service Agreement with a TNC Service Provider. When a User submits a Booking Request whether via the Platform, by phone or by email, or via an Associated Application to Sixt Ride for Services to be provided by a TNC Service Provider, the further conditions for the conclusion of a Service Agreement are stipulated in the TNC T&C of the TNC with which the TNC Service Provider is registered. Upon receiving a Booking Request, Sixt Ride or a Third Party Application Operator sends to the User an email, app notification, text message or message on the Platform (e.g., under “ride details”) to confirm the receipt of the Booking Request, including the details that were received. Sixt Ride or the Third Party Application Operator provides to the User further messages and information in accordance with the processes used by the TNC (e.g. driver name, vehicle license plate, make and model).
- Rejection of Booking Requests or arrangement of Service Recovery. If Sixt Ride cannot arrange a Service Agreement to fulfil the Booking Request, Sixt Ride will inform the User by email, app notification, text message or message on the Platform (e.g., under “ride details”), or a Third Party Application Operator will inform the User that the Booking Request cannot be fulfilled. Where a User has booked a Service to be performed by a Platform Service Provider and such Platform Service Provider is not available, Sixt Ride may arrange another Service Provider, including a taxi, to provide the Service; in this event, the fee may be higher than the fee or an estimated fee provided during the booking process.
- Accuracy of details. The User is obliged to provide accurate, up-to-date, and complete details, and immediately inform Sixt Ride of any change. Failure to comply with this requirement may result in the User’s inability to use Services or a termination of a Service Agreement.
- Booking Conditions. The booking conditions vary, depending on the booking class. For Service Agreements with Platform Service Providers, except taxi companies, the Booking Conditions which can be viewed at https://www.sixt.com/ride/bookingconditions apply. For Service Agreements with TNC Service Providers, the booking conditions applying for the respective TNC Network apply. For Service Agreements with taxi companies the local laws and regulations for taxi services apply.
IV. The Cancellation of Service Agreements
- Cancellation conditions. The User may cancel Service Agreements free of charge or with costs according to the conditions which apply to the respective booking class and Service Agreement. The Booking Conditions applying to Service Agreements concluded by the User with Platform Service Providers, except for taxi companies, via the Platform are accessible at: https://www.sixt.com/ride/bookingconditions, Service Agreements with taxi companies can be cancelled in accordance with local laws and regulations. The cancellation conditions applying to Service Agreements concluded with TNC Service Providers via the Platform are stipulated in the applicable TNC T&C. For Service Agreements concluded via Associated Applications, the booking conditions made available by the Third Party Application Operator or Sixt Ride on the Associated Application apply.
- Cancellation only via Platform or Associated Application. To warrant a smooth and save transaction, all cancellation requests must be made (i) through the websites www.sixt.com/ride, sixtlimousine.com, www.mydriver.com, or the Sixt Ride app regarding bookings made via the Platform and (ii) through the Associated Application regarding bookings made via such Associated Application. Cancellations are not possible by e-mail or phone call. Sixt Ride or Third Party Application Operators will confirm valid cancellations to the User by e-mail.
V. The payment of Fees due under the Service Agreements
- Fees due. All fees agreed upon in Service Agreements become due immediately upon full provision of the contractual Services (usually at the end of the ride), and include possible charges and the statutory tax, if applicable. Unless agreed otherwise, the fee for one-way bookings applies to the agreed journey without stopovers and without detours. In case of bookings subject to fixed fees, the User must still pay the agreed amount of the fee if the passenger ends the journey early or shortens it.
- Assignment. The Service Provider is entitled to assign the claims for fees agreed upon in Service Agreements, in particular to Sixt Ride, and does assign such claims with effect from the due date. Whenever the User or passenger choses to pay via a centralized corporate payment solution, Sixt Ride reassigns a claim for fees acquired by Sixt Ride to the provider of the centralized corporate payment solution selected.
- Invoices/Receipts. For Service Agreements concluded via the Platform, by phone or by email to Sixt Ride, Sixt Ride will send or have sent by e-mail or make available via the Platform to the User, a ride summary, an invoice and/or a receipt of the fees of, or made on behalf of, either the Service Provider or a TNC, depending on the territory in which the Service is provided and the Service Provider selected. In case the User receives no invoice from Sixt Ride, a provider of the centralized corporate payment solution, the Service Provider or a TNC, and the User needs an invoice, the User may contact the Sixt Ride hotline. If a Service Agreement is arranged by a TNC, deviating payment provisions stipulated in TNC T&C do not apply. For Service Agreements concluded via an Associated Application, the Third Party Application Operator will provide to the User an invoice and/or a receipt of the fees in accordance with conditions agreed via the Associated Application.
- Payment method. The fee shall be paid using the payment method chosen by the User during the booking process. If Services are booked via the Platform, by phone with or by email to Sixt Ride, and payments shall be made upon invoice the fee is payable within 10 days after notification of the invoice (this does not apply to payments via a centralized corporate payment solution). If Services are booked via Associated Applications, the fees shall be payable in accordance with conditions agreed via the Associated Application.
- Credit card chargebacks. In the event of credit card chargebacks, Sixt Ride may, on behalf of the Service Provider or TNC, solely for the purpose of collecting receivables, use collection service providers for the collection of receivables and services of third parties to inquire the address of the Customer.
VI. Liability of Sixt Ride, Service Providers and TNC
- Sixt Ride shall only be liable towards the User, in particular in regards to its contractual obligations according to this Section VI. In no event shall Sixt Ride be liable for any actions or omissions by Service Providers, in particular under any Service Agreement, or Third Party Application Operators. Service Providers and drivers are neither vicarious agents nor employees nor subcontractors of Sixt Ride.
- The liability of Sixt Ride towards the User, and the liability of Platform Service Providers, except taxi companies, towards the User, in particular according to Service Agreements, are governed by the following rules:
- Sixt Ride and the Platform Service Provider which are not taxi companies respectively assume unlimited liability for damages caused willfully or as a result of gross negligence by them, by their employees and by their vicarious agents, as well as in the event of fraudulent non-disclosure of defaults, explicit guarantees and damages arising from personal injuries (life, body and health).
- Sixt Ride and the Platform Service Provider which are not taxi companies respectively shall only be liable for other damages if they are in violation of an obligation, which must be observed to make the due performance of the agreement possible and on whose observation the other party to the agreement can usually rely. At the same time, the liability for such other damages is limited to those damages, which are deemed typical for this type of contract and foreseeable. Possible liabilities according to product liability law remain unaffected. Any further liability is excluded.
- Sixt Ride does not warrant or assume liability for obligations according to arranged Service Agreements. In particular, Sixt Ride is then not liable for the non-compliance with regulations under public law by Service Providers.
- Furthermore, Sixt Ride shall not be liable for the accuracy, reliability, and completeness of the contents and programs provided by Sixt Ride on the Platform free of charge as well as damages, which may arise from them.
- TNCs are liable in accordance with the agreements between the User and the TNC. TNC Service Providers are liable in accordance with the Service Agreements concluded between the User and the TNC Service Providers.
- Platform Service Providers which are taxi companies are liable in accordance with applicable regulations.
VII. Final Provisions for both the Platform User Agreement and the Service Agreements
- Communication via email. Legally binding statements can be delivered to the User using the e-mail address stored in the account or provided by the User during the booking process.
- Assignment. Sixt Ride is entitled to completely or partially assign all rights and obligations derived from the contractual relationship between the User and Sixt Ride to a third party giving 4 weeks prior notice; in this case the User may terminate the contractual relationship for good cause.
- Force majeure. If events or circumstances outside Sixt Ride's or a Service Provider’s sphere of influence (force majeure) make the performance of their respective contractual obligations impossible, Sixt Ride or the Service Provider, whoever is affected, shall be relieved from their obligation to perform. In particular, the disruption or outage of the internet or other networks, telecommunications connections, power supply or other infrastructures as well as disruptions or defaults produced by providers or suppliers as well as severe weather are considered force majeure.
- Governing law. The contractual relationship between the User and Sixt Ride, and Service Agreements with Platform Service Provider shall each be governed exclusively by the substantive law of the Federal Republic of Germany with the exception of the United Nations Convention of Contracts for the International Sale of Goods and German international private law. If the User is a consumer (Sec. 13 German Civil Code) and is usually resident in another country at the time of registration, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1. Agreements concluded between the Users and TNCs, and agreements between Users and TNC Service Providers are governed by the law which is stipulated in the TNC T&C.
- Venue. For those Users, who are registered business people, the agreed venue for all legal disputes which may arise in relation with this agreement and the individual agreements shall be Munich.
VIII. Dispute Resolution
The European Commission has set up a platform for the extrajudicial online settlement of consumer disputes at ec.europa.eu/consumers/odr/. SIXT ride GmbH & Co. KG will not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
IX. Company Identification
The contact details of Sixt Ride are as follows:
Sixt Ride GmbH & Co. KG,
Company Register Number: HRA 110256
Court acting as Company Register: Local Commercial Court of Munich
E-Mail: [email protected]
Phone: +44 33 333 622 22 / +1 954 526 5544