General Terms and Conditions of
MOBIX Park & Charge

Last updated December 01, 2024

§ 1 Scope of Application, Contract Conclusion/Registration, Changes to the General Terms and Conditions

(1) MOBIX Marketplace GmbH, represented by its managing director Michael Reuter, Enzianstrasse 4, 82319 Starnberg, Germany, email: info@mobix.ai (hereinafter referred to as “MOBIX”) is the developer and operator of a parking and charging station platform, which is provided in the form of an app (hereinafter referred to as “MOBIX App” or “App”), which can be downloaded from www.mobix.ai and from available stores for mobile applications (hereinafter referred to as “App Stores”) and used via various interfaces. The MOBIX App offers you (hereinafter referred to as “User”, “Tenant”, or “Landlord”) the opportunity to use our parking and charging station platform for the rental or leasing of parking spaces and charging stations in accordance with these Terms and Conditions.

(2) These General Terms and Conditions contain the final provisions between MOBIX and the User for the use of the MOBIX App and the services included therein. Any agreements which deviate from these General Terms and Conditions only apply if they have been confirmed by MOBIX in writing. If the terms and conditions of the Users collide with these stated conditions they do not become part of the contract, even if MOBIX does not explicitly object to them.

(3) Before downloading the MOBIX App, you are required to explicitly agree to these General Terms and Conditions and to register with MOBIX.

(4) The contract is concluded through confirmation of the User’s registration by MOBIX (“Registration”). MOBIX can also declare the confirmation of the registration by activating the respective offer. MOBIX reserves the right to reject registrations at its own discretion and without stating reasons; there is no entitlement to conclude a usage contract. MOBIX also reserves the right to request additional information and proof for the purpose of verifying the User’s information, such as a copy of the identity card, passport, or driver’s license, or proof of address in the form of a rental agreement or an official registration certificate.

(5) A contract can only be concluded if the User is fully capable of contracting or acts with the consent of their legal representative. In any case, the User must be at least 18 years old.

(6) MOBIX is entitled to change these General Terms and Conditions, provided that the User agrees to the changes. For the continued use of the MOBIX App and the parking and charging station platform, acceptance of the General Terms and Conditions valid at the time of use is required.

§ 2 Services of MOBIX, Exclusion of Use, Scope of Services

(1) The MOBIX App includes a platform that enables consumers and entrepreneurs to rent and lease parking spaces and charging stations for cars. The MOBIX App has an integrated messaging system to simplify communication between tenants and landlords, as well as functions for managing and monitoring all ongoing business transactions, and processing payments.

(2) MOBIX itself does not offer parking spaces or charging stations for paid rental, but rather provides a marketplace through its parking and charging station platform, where tenants and landlords can find each other and conclude contracts. MOBIX does not become a party to any contracts or agreements concluded between users. Users are responsible for complying with the legal requirements within the framework of the contract conclusion via the MOBIX App. Actions taken using a User’s login are generally attributed to the User. Users are responsible for all declarations of intent made on the platform. For declarations made by third parties under a User’s customer account, they are liable to a foreseeable extent according to the principles of a contract with protective effect for third parties.

(3) The services of MOBIX include, among other things: (a) providing the possibility of using the MOBIX App after the User’s registration; (b) enabling negotiations and contract conclusions via the MOBIX App through offers initiated by users; (c) creating information and communication possibilities among users or contracting parties.

(4) MOBIX guarantees an availability of its online offer of 98% on average per year, including necessary maintenance work. Excluded from this are failures not attributable to MOBIX due to force majeure, technical disruptions of the internet, or other reasons not attributable to MOBIX. If maintenance work is necessary and the MOBIX App or website is therefore not available, we will inform you as a User about this in a timely manner, if possible.

§ 3 Rental of Parking Spaces and Charging Stations

(1) As a landlord, you must provide the exact address and the desired parking or usage fee, as well as the period for which your parking space or charging station is offered for rental on the MOBIX parking and charging station platform. The landlord is entitled to change the parking or usage fees at any time, but only for the future. A change in the price does not affect the fees of previously concluded rental contracts.

(2) For the specific rental, you must also provide information about the temporal availability (date, period) of your parking space or charging station.

(3) Setting an availability by you as a landlord represents – unless otherwise agreed – a binding offer to other users to conclude a rental contract for the parking space or charging station. Until the specific booking, you can change or remove the offer at any time. The tenant accepts your offer by clicking on the booking process. As soon as a tenant has booked the parking space or charging station within the availability indicated by you, you can no longer withdraw the offer.

(4) As a landlord, you can offer your space next to cars, for example, also for mobile homes, motorcycles, or boats. In your booking ad, you can select which type of charging station you offer.

(5) The registered User can cancel a booked and offered parking space or charging station under certain conditions, with a refund of the received rental fee; details can be found in § 4 of these General Terms and Conditions.

(6) You as a landlord assure that you have full control over the offered parking space or charging station and confirm and guarantee that the offers you post and the booking of the same do not violate any agreements you have made with third parties, in particular that you are authorized to sublet.

(7) You as a landlord are responsible for ensuring that the area to be rented is suitable as a parking space and that the charging station is functional. You must expect a short-term rental within the availability you have set and ensure that the parking space or charging station is accessible according to the description.

(8) If you as a landlord act as an entrepreneur, you are particularly obliged to provide users who are consumers with the legally required information for consumers, to inform them about the processing of their personal data, and to instruct them about the existence or non-existence of the statutory right of withdrawal. MOBIX does not assume this responsibility for you.

(9) The successful conclusion of a rental contract will be confirmed to you via the MOBIX App.

(10) The MOBIX App provides each User with receipts for individual booking processes. These are a service of MOBIX and not legally binding. You may need to tax your rental income – please contact a tax professional for all tax questions.

§ 4 Rental of Parking Spaces or Charging Stations; Flat-Rate Compensation for Overrunning the Parking Time; Cancellation

(1) Within the MOBIX App or website, you can search for parking spaces or charging stations and reserve and book them; the indicated prices (rental fees) are gross prices including the applicable statutory value-added tax and may be rounded by MOBIX. By selecting a parking space or charging station and specifying the desired parking period or charging period and then clicking on the “Rent now” button, you make a binding declaration and a rental contract is concluded between you and the respective landlord (hereinafter referred to as “Booking”).

(2) If a parking or charging process requires preparatory measures according to the parking space or charging station description, please contact the landlord after booking via the MOBIX App and discuss any details with them.

(3) If the landlord provides additional general terms and conditions, you as a tenant must also accept these within the booking process. You will be explicitly informed about this as a tenant.

(4) During the booking process, you will be redirected to the payment processing, so that you can pay the agreed rental fee for the parking space or charging station to the landlord. MOBIX confirms the successful booking of a parking space or charging station in the App. The payment processing is carried out with the involvement of the payment service provider PayPal, whose general terms and conditions (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full) must be accepted by the users.

(5) Each tenant is responsible for ensuring that their vehicle is removed from the booked parking space or charging station before the end of the booked parking time. In the event of parking time or charging time overruns, users can be blocked from further use of the parking space or charging station brokerage. Any existing right of the landlord to have the vehicle towed away due to overrunning the parking time remains unaffected by this paragraph 5.

(6) Using the MOBIX App / parking and charging station platform under www.MOBIX.ai, you are entitled to declare a waiver of the use of the booked parking space or charging station (hereinafter referred to as “Cancellation”), which causes the usage permit for the booked parking space or charging station to expire.

(7) If you have been handed over keys or access cards, etc. for the rental, you are obliged to return them. Where and how you can return the keys, etc. will be described in detail in the respective ad for the specific parking space or charging station.

(8) As a tenant, you are obliged to comply with the road traffic regulations. If the parking space or charging station has not been released by the landlord for other vehicles, you may only park cars with a valid road registration; in particular, you may only park registered cars with a valid road registration. You are also obliged to avoid unnecessary engine idling and other noise and odor disturbances. Washing vehicles on the parking spaces is not permitted, unless explicitly allowed by the landlord. Any contamination caused by oil must be removed by you.

(9) MOBIX reserves the right to have vehicles towed away at the User’s expense if they are parked without a rental contract.

§ 5 Processing of Contracts Concluded via the MOBIX App; Brokerage Fee; Rental Income (Credit); Prices and Taxation

(1) The processing of contracts concluded on the parking and charging station platform is the sole responsibility of the respective users. MOBIX does not assume any guarantee for the fulfillment of the contracts nor any liability for material or legal defects of the agreed services. MOBIX is not obliged to ensure the fulfillment of the contracts concluded between the users or to check the parking spaces or charging stations offered for rent by users for their suitability, availability, or in any other way.

(2) MOBIX cannot guarantee the true identity and authority of the users. In case of doubts, both contracting parties are obliged to inform themselves about the true identity and authority of the other contracting party in a suitable manner.

(3) The use of the parking and charging station platform via the MOBIX App is free of charge. In the event of a rental contract being concluded between users, a brokerage fee is payable by the landlord. The amount of the brokerage fee is determined by MOBIX individually and depends on the type and duration of the booking. MOBIX reserves the right to change the brokerage fee at any time. If changes are made to the fee, the providers of parking spaces and charging stations will be informed directly in the MOBIX App in advance. Changes to the brokerage fee will only be applied to future transactions, not to existing bookings. The payment for the use of parking spaces or charging stations is made directly between the users at the end of the respective use. MOBIX automatically deducts a brokerage fee, regardless of whether the payment is made via PayPal or the wallet integrated in the MOBIX App.

(4) Rental income that you as a landlord receive through the rental of your parking space or charging station will be credited to you directly via the payment method you have chosen. If you have chosen PayPal as the payment method, the rental income will be transferred directly to your PayPal account. If you use the wallet integrated in the MOBIX App, the rental income will be credited directly to your wallet account. The credit is made immediately after deduction of the brokerage fee.

(5) All mentioned fees and prices include the applicable statutory value-added tax. Each User is responsible for the taxation of their income.

§ 6 Registration; Rights and Obligations of the User; Prohibited Behavior

(1) The contents provided via the App are protected by copyright. The User acquires a simple, non-exclusive, non-transferable right of use for the services mediated via the Apps. The User may not reproduce, distribute, or make publicly available the contents or remove technical protection measures or copyright notices.

(2) The User undertakes to provide true and complete information during registration, as well as when offering a parking space or charging station for rent or expressing interest in renting a parking space or charging station, and to keep this information up to date during the contract period by adjusting or notifying MOBIX.

(3) The User is obliged to keep their access data secret and not to pass it on to third parties. The User is not permitted to allow third parties to use their registration. In the event of misuse or loss of this information or a corresponding suspicion, the User must notify MOBIX immediately by email to service@MOBIX.ai. Only one registration may be maintained per person. The User is also not permitted to use contacts made via the MOBIX App to conclude contracts for the rental or leasing of parking spaces or charging stations outside of the MOBIX platform or MOBIX App, thereby circumventing MOBIX’s fees.

(4) The User assumes responsibility towards MOBIX and all other users for ensuring that the data protection requirements are met for the data transmitted by them and releases MOBIX from any claims, including those of a public law nature.

(5) It is prohibited to violate the rights of MOBIX or third parties or to otherwise violate applicable law or good morals when using the App. In particular, the User undertakes to refrain from the following actions:

Disseminating statements with insulting, harassing, violent, violence-glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise objectionable or prohibited content;
Insulting, harassing, threatening, intimidating, slandering, or embarrassing other users or MOBIX employees;
Spying on, passing on, or disseminating personal or confidential information of other users or MOBIX employees or otherwise disregarding the privacy of other users or MOBIX employees;
Disseminating untrue assertions about the race, religion, sex, sexual orientation, origin, social status of other users or MOBIX employees;
Spying on, passing on, or disseminating confidential information of MOBIX;
Disseminating untrue assertions about MOBIX;
Pretending to be an employee of MOBIX or a related company;
Using legally protected images, photos, graphics, videos, music, sounds, texts, trademarks, titles, labels, software, or other contents and signs without the consent of the rights holder or permission by contract, law, or regulation;
Disseminating statements with advertising, religious, or political content;
Using prohibited or illegal contents;
Exploiting errors in the programming (so-called bugs);
Taking measures that can lead to an excessive load on the servers and/or significantly impair the process for other users;
Hacking or cracking, as well as promoting or encouraging hacking or cracking;
Disseminating forged software, as well as promoting or encouraging the dissemination of forged software;
Uploading files that contain viruses, Trojans, worms, or destroyed data;
Using or disseminating “auto” software programs, “macro” software programs, or other “cheat utility” software programs;
Modifying the App or parts thereof;
Using software that enables so-called “data mining” or otherwise intercepts or collects information related to the App;
Disrupting transmissions to and from the service servers and the website servers; intruding into the service, data servers, or website servers.

(7) MOBIX points out its house rules regarding the use of its App and reserves the right to immediately block the account and terminate the usage contract without notice if these General Terms and Conditions, in particular the obligations regulated in paragraphs (1) to (6), or otherwise applicable law are violated when using the App.

(8) You and we can delete, replace, or change uploaded images and files at any time. In particular, we are entitled to remove images or files without prior notice if and to the extent that there are concrete indications that the publication in the MOBIX App violates legal regulations, good morals, and/or the rights of third parties.

§ 7 Payment Terms, Default, Offset, and Right of Retention

(1) In the event of payment disputes between the landlord and the tenant, it is the responsibility of the parties to resolve the matter among themselves. MOBIX does not assume any liability for disputes that arise between users.

(2) If a court proceeding is initiated to resolve a payment dispute, MOBIX will respect the court’s decision and take the necessary steps to enable the implementation of the decision outside of the MOBIX platform. MOBIX is not a party to such proceedings and does not assume any responsibility for enforcing court decisions.

§ 8 Contract Term, Termination

(1) The contract underlying these General Terms and Conditions is concluded for an indefinite period.

(2) You can terminate the contract at any time in text form (email is sufficient) and delete the App.

(3) The contract can be terminated by us with a notice period of two (2) weeks. The termination must be made in text form.

The right to extraordinary termination for good cause remains unaffected. For MOBIX, an extraordinary termination is particularly justified if the User makes false statements during registration or later changes their data or repeatedly violates these General Terms and Conditions, provided that MOBIX has previously unsuccessfully requested the User to comply with the affected contractual obligation (warning). If an extraordinary termination is made by MOBIX, the booking of parking spaces or charging stations that have already been booked for a point in time after the termination takes effect remains unaffected.

§ 9 Technical Requirements

The use of the MOBIX App does not include the provision of a mobile device or other devices required for accessing the App. To use the MOBIX App, you need an internet connection and suitable telecommunications connections. MOBIX does not assume any responsibility or liability for telephone or other costs that may arise or be charged to you by third-party providers. It is possible that you may need to use a service to download software or purchase goods or services from third-party providers when using the App. These third-party services and goods may be subject to their own rules and restrictions, and you must comply with these in relation to the third-party provider.

§ 10 Updates and Changes to the Services; Restriction of the App’s Services

(1) MOBIX can update or change the App for seamless provision of services without notifying you. If necessary, MOBIX can interrupt or permanently discontinue access to the App. Updates or changes may be subject to changed General Terms and Conditions; if you do not agree to such changes, you must refrain from using the App in the future.

(2) To the extent that free services are provided in the MOBIX App, the User has no claim to their provision; MOBIX reserves the right to restrict, discontinue, or make the free services chargeable at any time.

§ 11 Third-Party Websites and Apps

The App may provide links or references to websites and apps of third-party providers. MOBIX does not monitor such websites and is not responsible for their content or functionality. If you access these third-party websites through the MOBIX App, you do so at your own risk. We recommend that you read the terms of use and data protection policies of these third-party websites. MOBIX is not liable for damages or losses resulting from the use of a third-party website.

§ 12 Obligations to Cooperate/Further Obligations of the User

(1) When using the App, the User must exercise the necessary care and attention. In particular, the User is obliged to regularly back up their data so that it can be restored in the event of loss.

(2) If access to the App requires registration of the User, the User is responsible for ensuring that their password is not accessible to third parties. The User assumes full responsibility for all actions taken using their access data.

(3) You must not allow third parties to use your profile and access data. Use of your account by third parties is a significant reason for permanent blocking, without prior warning. You are obliged to inform MOBIX immediately of any knowledge of third-party access and any misuse of your account.

§ 13 Warranty, Liability

(1) As MOBIX only provides the platform for the conclusion of rental contracts between tenants and landlords and acts as a broker, MOBIX assumes no liability in connection with the contracts between tenants and landlords. In particular, MOBIX is not liable for damages and/or contamination that occur during the parking or charging time.

(2) For the free use of the MOBIX App, we are liable according to the statutory warranty provisions.

(3) Defects in the context of paid rental of parking spaces or charging stations must be settled between the landlord and the tenant. You are obliged to inform us (service@MOBIX.ai) and the landlord immediately of any defects that occur, together with a clear photo of the defects.

(4) MOBIX does not undertake to back up data for the User and assumes no contractual guarantees, warranties, or liabilities beyond the statutory provisions, unless otherwise agreed in individual cases. MOBIX is not liable for the occurrence of a desired success that the User wishes to achieve through the use of the MOBIX App. MOBIX assumes no liability for the accuracy of the content provided by users.

(5) It is technically impossible for us to determine with certainty whether a User registered with the MOBIX App actually has the identity they claim. We cannot therefore assume any warranty for the correct identity of the Users.

(6) MOBIX is liable for contractual and other claims of the User only in the following cases: (1) if MOBIX, its legal representatives, or vicarious agents have caused the damage intentionally or through gross negligence; (2) if the damage is due to a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on which the User regularly relies and may rely; (3) if the damage is due to a breach of a guarantee or warranty; (4) if the damage is due to a culpable injury to life, limb, or health.

(7) MOBIX’s liability in cases (1), (2), and (3) of paragraph 6 is limited to the amount of the typically foreseeable damage. In other cases, MOBIX’s liability is excluded.

(8) The above liability limitations also apply to the benefit of MOBIX’s organs, employees, and vicarious agents.

§ 14 Applicable Law, Jurisdiction

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the User has their habitual residence, remain unaffected.

(2) The agreed jurisdiction for all disputes arising from the contractual relationship between the User and MOBIX is the registered office of MOBIX, provided that the User is a merchant, a legal entity under public law, or a special fund under public law. MOBIX is also entitled to sue the User at their general place of jurisdiction.

§ 15 Final Provisions, Miscellaneous

(1) There are no oral or written side agreements.

(2) If individual provisions of these General Terms and Conditions are or become invalid and/or contradict the statutory provisions, this does not affect the validity of the General Terms and Conditions in other respects. The invalid provision will be replaced by the parties with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The same applies to gaps in the regulations.

(3) Information on dispute resolution: The EU Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr.

(4) MOBIX is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

General Terms and Conditions ofMOBIX Park & Charge