Terms of Use

These terms of use govern the use of the internet platform audiondemand.com operated by Audi Business Innovation GmbH (“AUDI”), including all pages located on its subdomains e.g. es.audiondemand.com, and all the associated services provided by AUDI. The terms of use also apply if the platform is accessed from outside the Federal Republic of Germany or access to the platform is fully or partially enabled from other websites or from software applications for mobile end-devices (smartphone apps).


Definitions:
Provider: means companies offering Mobility Services on the Platform;
Provider’s Fee: means the fee charged by the Provider on the basis of the Rental Agreement, including the fee for renting the vehicle and any ancillary and additional costs (e.g. mileage adjustments at the end of the hire period or payments to cover the cost of unreplaced fuel, etc.);
AUDI: means Audi Business Innovation GmbH, Hochbrückenstraße 6, 80331 Munich, Germany, who is the Platform operator;
Rental Period means, for a Rental Agreement concerning the provision of a vehicle, the period between the time the QR codes sent to the User and on the vehicle’s key are scanned when the vehicle is handed over (start of the Rental Period) and the time of scanning of the vehicle key’s QR code when the vehicle is returned to the Provider at the agreed location (end of the Rental Period). If scanning the QR code should not be possible, e.g. for technical reasons, the Provider is entitled to manually record the beginning and end of the Rental Period;
Mobility Services: means all services for transporting people or things by individual demand or according to individual needs, including, but not limited to, supplying vehicles for day-to-day journeys, leisure trips (for example to carry out test drives or as a replacement car for workshops, whether for free or in return for a charge, such as “Audi on demand” (Aod)), as well as any additional or associated services;
User, “you”: means persons who would like to use the services on the Platform in order to use Mobility Services. To be able to use the Platform, Users must register as described in Part II of these terms of use;
Framework Agreement: means the agreement between AUDI and a User regarding the use of the Platform and the use of the Mobility Services offered by AUDI on the Platform. The Framework Agreement comes about as a result of successful registration as described in Part II of these terms of use;
Platform: means the internet platform operated at audiondemand.com (including any pages located on its subdomains) on which Mobility Services are arranged between Providers and Users;
Platform Services: means services and features provided or made available by AUDI on its own initiative as the operator of the Platform; and
Rental Agreement: means an agreement between a User and a Provider regarding the provision of Mobility Services, such as the provision of a vehicle as part of the “Audi on demand” (Aod) service.

I. How the Platform works, services provided by AUDI
(1) The purpose of the Platform operated by AUDI at audiondemand.com and any subpages is to connect Providers and Users so that they can enter into Rental Agreements. Users are able to contact Providers and book Mobility Services using the Platform provided by AUDI and subject to these terms of use.
(2) Unless otherwise specified in individual cases, AUDI merely arranges the Mobility Services available through the Platform. The Provider concerned has sole responsibility for ensuring that the Mobility Services arranged are performed in the proper manner. The Rental Agreement concerning the performance of this service comes into effect directly between you and the Provider. Please refer to Part IV of these terms of use.
(3) Apart from the booking services referred to above, you can make use of the following Platform Services which are provided by AUDI and for which AUDI is responsible on the Platform:
(i) Vehicle search mask:
You can refine your vehicle search according to various criteria using search and filter functions on the Platform. Vehicles which match your search request will then be displayed to you.
(ii) User account:
You can see a summary of all the transactions you have performed on the Platform at any time, including detailed information on the vehicles booked, the Rental Period for each booking and the related Providers.
(iii) Centralised customer service:
In some countries, a centralised customer service is also available for Users in the form of a hotline for general enquiries. You can find information on whether the service is available in your country, the range of services and the contact details for the hotline on the Platform website in the “Contact” area.

(4) AUDI is not obliged to check the identity, reliability and/or creditworthiness of the individual Providers. If AUDI carries out such checks, this will be done exclusively in its own interest.
(5) To be able to use the booking service for Mobility Services you must have a valid driving licence which, at the time of booking, must not expire before the end of the Rental Period. AUDI reserves the right to verify that the licence exists and what it covers. This will be verified by the Provider or by AUDI contacting specialist service providers in individual countries.

II. Registration
(1) To be able to use the Platform and the services offered by AUDI on the Platform, you first have to successfully register as a User. Registration is free of charge.
(2) Only individuals with full legal capacity are allowed to register as Users. Registration by minors is excluded. Each User may only register once.
(3) By clicking the button “Confirm registration”, you are making an offer to enter into a Framework Agreement on these terms of use. If AUDI accepts this offer, it will do so by sending a confirmation of registration to the email address given by you. The contract text of the Framework Agreement, which consists of the personal details supplied by you in the registration form and these terms of use, will be saved by AUDI once the registration is complete and sent to you by email upon request.
(4) We are not obliged to enter into a Framework Agreement with you.
(5) When registering, you are required to provide all the information required truthfully and in full. Any changes to the information provided at the time of registration must be reported to AUDI without delay by updating the relevant details in your User account, even if the user has not been asked to do so.
(6) You agree to keep your log-in details secret and to store them in such a way that third parties are unable to access them. Your User account is personal and non-transferrable.
(7) You are obliged to comply with all laws and legal rules at all times when using the Platform. You are responsible for ensuring that you do not breach the rights of any other person when using the Platform and that the details you provide are lawful. You may not use information received by you as a User of AUDI’s Platform and other data (e.g. details of the products, images, etc.) for any other purposes apart from those described on the Platform, including (but not limited to) sharing any contact data and email addresses with any other person or using them for advertising campaigns or for your own offers, without AUDI’s express prior consent.

III. Features and availability of the Platform
(1) AUDI makes the Platform available to Users with the features described in Part I of these terms of use and subject to these terms of use. AUDI reserves the right to modify the Platform Services. Notably, AUDI is entitled to make the use of the Platform, use of individual features on the Platform, the extent to which the individual features can be used and use of individual services by AUDI dependant on certain requirements, such as you being a certain age, possessing a valid driving licence and how long you have held this licence, your place of residence, the provision of additional data in connection with use of the Platform or updates of such data.
(2) Your right to use the Platform and its features only exists within the limits of the current state of the art. AUDI reserves the right to in particular only provide the Platform for selected operating systems, browsers and certain versions of these systems.
(3) Moreover, AUDI is entitled to limit the possibilities for use and features provided on the Platform if this is necessary due to capacity limits or the security or integrity of the servers or to carry out technical work. AUDI will inform Users about such restrictions in advance as far as is reasonably possible.
(4) Users do not have a right to, and AUDI is under no obligation to provide, any minimum number of vehicles available for booking through the Platform.

IV. Conclusion of Rental Agreements
(1) The legally binding agreement between a Provider and User regarding the provision of Mobility Services arranged through the Platform will be formed in the way described in the provisions below. Users do not have a right, nor are Providers obliged, to enter into any Rental Agreements.
(2) The presentation of Mobility Services on the Platform does not constitute a binding contractual offer by the Provider concerned. You make an offer to enter into a Rental Agreement by completing the booking page in full and clicking the “Confirm booking with an obligation to pay” button. Before completing the booking, you can check and modify the details you have entered in the booking and the payment method.
(3) If the vehicle you want is designated as available in the system and the Provider is willing to accept your offer, after sending your offer you will usually receive an email accepting your offer within a few minutes (booking confirmation).
(4) The booking confirmation contains a QR code with encoded data relating to your booking. The QR code must be presented when requesting commencement of the Mobility Service (e.g. when collecting the booked vehicle), either in digital form or as a printout.
(5) Once the Rental Agreement has become legally binding on the User and Provider (which is the point you receive the booking confirmation), the Provider is obliged to provide you with the Mobility Service booked by you (e.g. the booked vehicle) at the agreed time and place and on the agreed terms and conditions. Each booking made on the Platform simply relates to a vehicle description at body style level, e.g. A3 Sportback with minimum equipment and specific gearbox/transmission and fuel type (Diesel/Petrol), but not to a particular vehicle (e.g. a certain colour or a specific type of engine). Although the Provider will endeavour to supply you with the vehicle you have selected, this cannot be guaranteed in all situations. For example, it cannot be ruled out that the vehicle chosen is not available at the agreed time of handover because it has been damaged during use by a previous renter (which was not foreseeable at the time of booking).

V. Our liability to you
(1) The vehicle, availability and other information relating to the Mobility Services that appears on the Platform is information exclusively provided by the Providers. AUDI does not review any of this information to ensure that it is correct or up to date. AUDI is therefore not responsible for any of that information. If AUDI has caused any errors in relation to the Platform or its provision of the Platform Services, it will be liable as set out in the following provisions.
(2) AUDI is liable for damages in accordance with the statutory provisions, unless otherwise provided below. In the case of breaches of duty, regardless of the legal grounds, AUDI is liable for any wilful misconduct and gross negligence. In the case of ordinary negligence, unless a more lenient standard of liability applies under the statutory rules, AUDI will only be liable for:
(i) damage arising from injury to life, body or health and
(ii) damage arising from breach of a material contractual duty (an obligation which must be fulfilled in order to allow the contract to be properly implemented in the first place and whose fulfilment the User generally relies on and may rely on); in this case, however, liability is limited to compensation of the foreseeable, typically occurring damage.

(3) The above limitations of liability also apply to breaches of duty by persons whose fault AUDI is accountable for by law.

VI. Duties in connection with the Rental Agreement
(1) The terms and conditions of the relevant Rental Agreement apply in relation to the rights and duties of Providers and Users in connection with the provision and use of the Mobility Service booked. The relevant terms and conditions of contract will be specified by the Provider and will be brought to your attention during the course of the booking. You are obliged to read these terms and conditions carefully since they contain information relevant for the contract (e.g. on duties of care, liability, cancellation conditions, etc.).
(2) AUDI will endeavour to ensure a high standard of service at all times in connection with the Mobility Services that can be booked through the Platform by requiring individual Providers to meet certain minimum standards in connection with their contractual obligations when using AUDI’s Platform. These include, but are not limited to, the following requirements:
(i) Only vehicles may be offered and provided for use which are legally registered in the country where the vehicle is hired out. Furthermore, only vehicles may be offered which are not more than 2 years old (calculated from the date of first registration), have a mileage of no more than 30,000 kilometres or 18,750 miles on the date on which the Rental Period starts, and which are the property of the Provider during the entire term of the Rental Agreement, or for which the Provider has an explicit authorisation and which the Provider is authorised to supply to Users.
(ii) The vehicles must comply with all legal and regulatory requirements. Maintenance and inspections recommended by the manufacturer must have been carried out regularly and in the proper manner, and all safety and security devices must be in full working order. The vehicle must have all safety and security elements and features which are mandatory in the country where the vehicle is used.

(3) The Provider may only offer vehicles that are covered by a liability insurance policy for at least the term of hire and are covered by the insurance required by law in the country where the vehicle is used. The Provider may require that you keep to certain standards or perform certain duties in its terms and conditions of contract or when processing the Rental Agreements. These include, but are not limited to, the following specific duties:
(i) You may only book and use vehicles if you are authorised to use these vehicles (e.g. by having the required category of driving licence).
(ii) Before handing over the vehicle, the Provider is required to check your identity and that you and any other drivers have a valid driving licence covering the required categories. You agree to cooperate with these checks and to present the necessary ID and driving licence documents for checking.
(iii) You are required to examine the vehicle for any faults or defects before it is handed over and to report these to the Provider without delay.
(iv) You are required to check the vehicle’s fuel level and battery levels before it is handed over and, if they are lower than the agreed fuel/battery level, to report this to the Provider without delay.
(v) You must comply with the applicable traffic rules and other legal rules when using the vehicle.
(vi) You must observe the technical specifications and operating instructions when using the vehicle.
(vii) You must keep the vehicle clean and may not smoke in the vehicle unless this is expressly permitted by the Provider.
(viii) You must protect the vehicle against theft. This means that you have to close the windows and doors when leaving the vehicle and lock it properly.
(ix) You may not pass the vehicle on to any other person unless otherwise expressly agreed with the Provider.
(x) You must comply with the territorial restrictions on use specified by the relevant Provider (for example in the form of a ban on taking the vehicle into certain other countries);
(xi) You may not load the vehicle with objects which exceed the maximum load, put its safety at risk or which damage the vehicle.
(xii) You may not use the vehicle for any kind of races, motor sport events or similar, or on racetracks, training grounds, circuits or in off-road competitions.
(xiii) You may not use the vehicle for taxi journeys, to pull or move other vehicles, to transport hazardous goods, for demonstrations or rallies or as an advertising medium.
(xiv) You may not make any visual or technical changes to the vehicle or carry out repairs on it yourself.
(xv) You must always return the vehicle on time and at the agreed location.
(xvi) You may not remove any items from the vehicle that are part of the vehicle’s equipment.
(xvii) You must reimburse the Provider all fines, penalties, charges and costs in connection with breaches of traffic rules during the time you rent the vehicle. If your cooperation is necessary (e.g. in the event of speeding), you agree to provide the details required truthfully.

VII. Fees, charges and payment processing
(1) AUDI does not charge any fees for the Platform Services, including searching for vehicles or viewing the pages of the Platform.
(2) You will only be under an obligation to pay once you have entered into a legally binding Rental Agreement, as set out in Part IV of these terms. Your obligation to pay relates to the Provider’s claim to a fee under the Rental Agreement, including the relevant fee for using the vehicle and any service costs and additional costs (e.g. mileage adjustments at the end of the hire period or payments to cover the cost of unreplaced fuel, etc.). The fee charged by the Provider for renting the vehicle will be displayed to you in the course of each booking. Certain other fees incurred by you in relation to your booking (e.g. ancillary and additional costs such as mileage adjustments at the end of the hire period or payments to cover the cost of unreplaced fuel or damage to vehicle etc.) will be notified after they have been incurred.
(3) To ensure that payments are processed and contracts are dealt with in the most simple and secure manner possible for Users and Providers, all payments are settled through the payment partner instructed by AUDI, which is currently Heidelberger Payment GmbH with registered office at Vangerowstraße 18, 69115 Heidelberg, Germany, and its partners (Huelleman & Strauss Onlineservices S.A., HPC GmbH and PAY.ON AG). For these purposes, information relating to the relevant Rental Agreement will be passed on to the payment partners (transaction made, payment for services, contract parties).
(4) Before you can complete a booking on the Platform, you have to provide valid credit or debit card details. To validate the credit card, a 0.50 Euro reservation fee may be charged to your credit card the first time the card details are recorded, which will be reimbursed once the card has been successfully validated.
(5) The Provider’s Fee is due and payable when the invoice is issued. For Rental Agreements regarding vehicle hire, the invoice will be issued quickly at the end of the Rental Period. This period is also relevant for calculating the Provider’s Fee.
(6) At the time the invoice is issued, your debit card/credit card will be charged to the value of the invoice. In order to secure payment, the planned invoice amount may already be reserved on the card account in advance (for Rental Agreements regarding the provision of a vehicle consisting, for example, of the Provider’s Fee for the agreed Rental Period including anticipated fuel costs). The amount will be reserved no earlier than 48 hours before the agreed start of the Rental Period.
(7) A further amount to the value of the insurance excess agreed between the Provider and you can be reserved if agreed with the Provider.
(8) You confirm to AUDI that you agree to receive invoices in electronic form (i.e. by email).

VIII. The duration of the Framework Agreement and ending that agreement / suspension of User accounts
(1) The Framework Agreement will start on the date you accept these terms of use when registering on the Platform and will continue indefinitely until you or AUDI ends it in a way described in this Part VIII.
(2) You may end the Framework Agreement at any time by notifying us in writing. If you have entered into a Rental Agreement according to Part IV of these terms of use before notifying us, the Framework Agreement will only end when all outstanding obligations under the Rental Agreement(s) have been fulfilled by you and the Provider or that agreement has ended in accordance with its terms or for any other reason. The User account will be kept operational for as long as necessary to conclude the outstanding obligations or any administrative issues relating to any unexpired Rental Agreements.
(3) AUDI may end the Framework Agreement by notifying you in writing 14 days before the end of the month in which it notifies you. Provided it does so, the agreement will end at the end of the month in which it notifies you. This does not affect AUDI’s right to suspend a User account as set out in the provisions below.
(4) Should you breach these terms of use, any legal rules or the rights of any person, AUDI is entitled to:
(i) issue you with a warning,
(ii) restrict your use of the Platform; and/or
(iii) temporarily or permanently suspend your access to all of the services on the Platform or to individual services.

AUDI may exercise these rights in the event that it has another legitimate interest in taking the above actions, including (but not limited to) in order to protect the Provider or other Users from fraudulent activities.

(5) The right to select and apply the above actions is at the reasonable discretion of AUDI. However, AUDI will give the legitimate interests of the Users concerned appropriate consideration. For instance, when considering the two parties’ interests, AUDI will take into account to what extent fault for a possible breach can be attributed to the User concerned.
(6) AUDI may temporarily suspend your access if a conflict exists between you and a Provider, for example, if you are in dispute with a Provider about damage or about fees payable. In addition, AUDI may temporarily suspend your access until any outstanding amounts have been paid.
(7) AUDI may (acting reasonably) permanently exclude you from using the Platform, for example, if you breach your contractual obligations under the Framework Agreement or a Rental Agreement between you and a Provider and/or the legal rules repeatedly or to a significant extent.
(8) Users whose access has been suspended may not register again under a different User account.

IX. Other important terms
(1) AUDI reserves the right to modify these terms of use at any time without giving reasons. The amended terms and conditions will be sent to Users by email no later than four weeks before they come into force. If a User does not object to the new terms and conditions within four weeks of receipt of the email informing about the new terms and conditions, the amended terms and conditions will deemed to have been accepted. AUDI will draw to Users’ attention this four-week time limit and that the new terms and conditions will automatically apply unless a User objects in a separate part of the email containing the amended terms and conditions.
(2) AUDI collects, processes and uses your data in accordance with the rules on data privacy, which can be found under the following link:
(3) These terms of use and the Framework Agreement made under them are governed by the laws of the Federal Republic of Germany.  None of these terms of use affect your rights as a consumer to rely on mandatory provisions of the law of the country in which you live.
(4) You can bring legal proceedings in respect of the Framework Agreement in the country or countries determined by the legal rules on jurisdiction.
(5) AUDI does not take part in dispute resolution proceedings before a consumer arbitration board.  However, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).


Last updated: 19 June 2018