Terms and Conditions – mobilityscout Europe GmbH

1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) govern the user relationship between mobilityscout Europe GmbH, Lochstrasse 17, CH-8268 Salenstein, Switzerland (“Operator”) and natural or legal persons (“Users”) who use the platform at www.mobilityscout.net and its associated services.

1.2 The platform serves to digitally mediate products and services in the fields of vehicle trade, logistics, repair services, vehicle rental (e.g., car sharing, motorhomes, commercial vehicles), and supports freelance sales and referral activities through a dedicated “Networker” module.

1.3 The platform may be used by both private and commercial users within the German-speaking region, the European Union, and EFTA member states.

1.4 Registered users receive access to a protected office area, which provides:

• a) A digital account overview of incoming and outgoing payments related to platform-mediated transactions.
  
  

• b) An electronic document management system for archiving contracts, invoices, and commission statements.
  
  

• c) A digital overview of managed and mediated orders.
  
  

1.5 These functions are provided solely as part of the technical platform operation. The Operator assumes no legal or financial responsibility for the content, accuracy, or execution of contracts concluded between users. Even when acting in its name for technical processing, legal responsibility lies with the respective provider.

1.6 Swiss law exclusively applies unless mandatory consumer protection regulations of another member state override it.

1.7 Conflicting terms from users do not apply unless explicitly accepted in writing by the Operator.

1.8 Additional operational procedures for specific user roles (e.g., sellers, renters, workshop partners, networkers, legal advisors) are documented at www.mobilityscout.net in the FAQ. In case of conflict, the provisions of these GTC shall prevail.

2. Description of Platform Services

2.1 The platform allows users to post, offer, book, or purchase products and services in the automotive and mobility sectors.

2.2 Specifically, the platform provides:

• a) Vehicle sales mediation between private or commercial users.
  
  

• b) Mediation of logistics services (e.g., transport or delivery).
  
  

• c) Mediation of repair and maintenance jobs to service partners.
  
  

• d) Booking of vehicle rentals (car sharing, motorhomes, fleets).
  
  

• e) Access to a sales/referral module for freelancers (“Networker”).
  
  

2.3 The Operator only provides the technical infrastructure. Unless offering its own services, it is not a contracting party to any transaction.

2.4 The platform is subject to continuous development. Functional changes may occur, provided they are reasonable for users.

2.5 Users access the platform via selectable plans or tariffs, each offering different functions or service levels.

2.6 Additional tools may include digital offer templates, logistics tracking, communication systems, and administrative features for providers and networkers.

3. Tariffs & Usage Models

3.1 Access to the platform is based on the selected user tariff. Each plan differs in scope, support level, and features.

3.2 Available tariffs:

• Starter Plan – Free basic access including registration and simple communication tools.
  
  

• Business Plan – Paid plan with extended tools, personal support, listing creation, ticket system for disputes, and legally binding arbitration decisions.
  
  

• Networker Plan – Plan for freelance sales agents including commission management and reporting.
  
  

• Add-On Packages – Optional services (e.g., marketing tools, prioritized listings, logistics).
  
  

3.3 Tariffs may be subscribed to monthly, quarterly, or annually and renew automatically unless terminated.

3.4 The Operator may change tariffs or pricing. Users will be informed and have a right of termination.

3.5 Use of the platform is tied to the selected tariff. Sharing of credentials is prohibited.

3.6 All current tariff plans are listed at www.mobilityscout.net/tarife.

4. Liability & Role Distribution

4.1 The Operator facilitates transactions but is not itself a vendor, logistics provider, or workshop, unless explicitly stated.

4.2 Even if listed as processor, the Operator does not act as vehicle dealer or service provider.

4.3 Contractual obligations (e.g., delivery, warranty, liability) remain with the users involved in each transaction.

4.4 Internal reference codes on documents serve administrative purposes only.

4.5 The Operator does not verify the identity, creditworthiness, or qualifications of users unless such checks are explicitly ordered.

4.6 Any ordered checks (e.g., appraisals, credit checks) are separate services.

4.7 The Operator is not liable for damages arising from user contracts unless due to intent or gross negligence.

4.8 Users must ensure their offers and content comply with the law. The platform does not continuously monitor user content.

4.9 Legal arbitration (see Section 3) is conducted based on documented platform activity and decisions are binding.

4.10 Appraisal and checking services are performed by third parties based on user-supplied data.

4.11 The Operator’s liability is limited to the amount of the paid fee for the specific transaction. Further liability is excluded as far as legally permitted.

5. User Obligations & External Services

5.1 Users must provide accurate information (e.g., identity, payment, contracts).

5.2 Sellers and service providers must deliver services properly and are liable for deficiencies.

5.3 Buyers and renters must inspect deliveries, submit complaints via the ticket system, and fulfill payment obligations.

5.4 The Operator is not responsible for third-party services or behavior (e.g., delayed returns, poor repairs, transport damage, misleading profiles).

5.5 Even if listed as processor or invoice issuer, the Operator assumes no legal responsibility.

5.6 Complaints must be submitted via the ticket system. Other channels (e.g., email, phone) do not establish liability.

5.7 Users must prioritize platform dispute resolution and accept binding decisions unless overridden by mandatory law.

5.8 Repeated violations may result in account suspension or termination.

6. Dispute Resolution & Legal Mediation

6.1 The platform offers a structured legal dispute resolution service.

6.2 Dispute resolution must be initiated via the ticket system and requires a processing fee.

6.3 Legal review is neutral and based solely on documented platform data.

6.4 Decisions are binding within the platform context but do not replace court proceedings.

6.5 The Operator does not guarantee specific outcomes and offers no legal advice.

6.6 Users agree to use platform resolution before legal proceedings, unless mandatory law requires otherwise.

6.7 The Operator is not liable for legal costs unless it is a direct contracting party.

7. Termination, Suspension & Account Management

7.1 Users may terminate their accounts at any time with 14 days’ notice. Paid services are downgraded to free access. Data remains stored for legal reasons.

7.2 The Operator may suspend or terminate accounts without notice in cases of:

• serious AGB violations,
  
  

• delayed payments,
  
  

• misuse of services,
  
  

• criminal acts.
  
  

7.3 Paid plans (e.g., Business, Networker) require 30 days’ notice for cancellation.

7.4 Suspended accounts lose all access. Reactivation may be subject to conditions.

7.5 Support is available via the ticket system. Disputes may be escalated through the legal mediation service.

8. Payments, Fees & Refunds

8.1 Paid services include tariffs, transaction-based fees, commissions, and optional extras.

8.2 Payments are processed digitally via listed payment providers.

8.3 Users must update payment details. Late payments may lead to account suspension.

8.4 Refunds are only granted where legally required or confirmed in writing.

8.5 Optional services from third parties (e.g., appraisals, credit checks) are clearly marked and separately invoiced.

8.6 Special agreements require written confirmation.

9. Data Protection, Storage & Archiving

9.1 Personal data is processed in accordance with GDPR, Swiss DSG, and relevant EU laws.

9.2 Transactional data is stored for legal and documentation purposes, typically for 6–10 years.

9.3 Upon cancellation, user accounts are deactivated but retained until legal obligations expire.

9.4 In unresolved disputes, data may be stored longer under legitimate interest grounds.

9.5 Data is only shared with third parties when necessary and under legal protection.

10. Ratings & User Feedback

10.1 Users may rate transactions to ensure quality and trust.

10.2 Reviews must be factual and fair. Offensive or illegal content is removed.

10.3 Affected users may submit rebuttals. Reviews may be modified after review.

10.4 Fake, manipulative, or defamatory reviews can result in bans.

10.5 Ratings may impact referrals or platform usage but are not legally binding.

10.6 Reviews may be anonymous. Identities are protected unless legally required to disclose.

10.7 In formal disputes, editorial summaries may be published to reflect the facts.

11. Final Provisions

11.1 Swiss law applies. Place of jurisdiction is Salenstein, Switzerland.

11.2 If any clause is invalid, the rest remain unaffected. A valid substitute clause shall apply.

11.3 The Operator may amend these GTC with 14 days’ notice. Silence implies consent.

11.4 Contact:
mobilityscout Europe GmbH
Lochstrasse 17
CH-8268 Salenstein
Email: info@mobilityscout.de
Phone: +41 800 750 850

11.5 Contract language is German.