Condizioni e termini generali

General Terms and Conditions for the Use of the CARIFY Online Platform

1. Scope of Application

CARIFY AG (hereinafter referred to as "CARIFY"), Cheesturmweg 21, 4624 Härkingen, operates the online platform www.carify.com as well as other platforms managed by CARIFY (collectively referred to as the "CARIFY Platform").
The purpose of the CARIFY Platform is to facilitate and manage rental and other agreements between natural and legal persons (hereinafter referred to as "Customers") and the respective CARIFY partners.

These general Terms and Conditions ("T&C") govern the rights and obligations of the parties when using the CARIFY Platform.

2. Use of the Online Platform

The range of products and services offered on the CARIFY Platform, as well as the available functionalities and usage options, may be extended or restricted by CARIFY.

The use of the platform or specific functionalities may be subject to certain conditions or the provision of additional information.

CARIFY reserves the right to make the CARIFY Platform available only for selected operating systems and specific versions, and/or to restrict or suspend access to its services where necessary for reasons of capacity, security, server integrity, or technical maintenance.

3. Offers and Conclusion of Rental and Other Agreements

All offers made by CARIFY on the CARIFY Platform or elsewhere are non-binding. Rental and other agreements between CARIFY partners and the customer are concluded when the customer submits a contract request using predefined functions on the CARIFY Platform, accepts the applicable contract terms and these General Terms and Conditions, and subsequently receives confirmation of the contract conclusion — issued electronically or otherwise by CARIFY on behalf of the CARIFY partner.

4. Data Protection and Customer Consent to Data Disclosure

The CARIFY Privacy Policy also applies. These conditions can be accessed at any time on the CARIFY website under the “Privacy” section.

The customer is informed that CARIFY is entitled to disclose customer data to government authorities (in particular the police and judicial authorities) or to third parties with a demonstrably legitimate interest, if such disclosure is necessary for the investigation, prevention, or prosecution of potential criminal offenses. This also applies in the absence of a legal obligation to disclose, particularly in cases of suspected fraudulent behavior or unlawful use of the vehicle.

5. Limitation of Liability of CARIFY

CARIFY shall be liable for damages incurred by the customer in connection with the use of the CARIFY Platform only in cases of intent or gross negligence.

The CARIFY Platform may be temporarily unavailable or only partially accessible due to maintenance work or other reasons, without the user being entitled to any claims against CARIFY or CARIFY partners.

6. Amendments to the Terms and Conditions

CARIFY may amend these Terms and Conditions at any time. Changes will be communicated to the customer in text form at least 30 days before they take effect. The customer may object to the changes in writing within this period. If no objection is raised, the changes shall also apply to ongoing subscriptions. There shall be no right of withdrawal or termination as a result.

The notification will be sent to the email address provided at the time of contract conclusion. The customer is obliged to inform CARIFY immediately in writing of any changes to their contact details. If the customer fails to do so, notifications sent to the last known address shall be deemed validly delivered.

7. Final Provisions

Any general terms and conditions of the customer shall not apply, even if not expressly rejected in individual cases. Should individual provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable, or if they contain a legal loophole, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall apply that most closely reflects the intent and purpose of the original provision.

For ease of reading, the masculine form may be used throughout these Terms and Conditions; however, it shall be understood to include all genders equally.

8. Applicable Law and Jurisdiction

Swiss law shall apply. The place of jurisdiction is Zurich, Switzerland.

Zurich, 23 June 2025.

1. General

CARIFY AG, Cheesturmweg 21, 4624 Härkingen (hereinafter referred to as "CARIFY"), facilitates the use of vehicles for a fee (“CARIFY Subscription”) as well as additional services provided by CARIFY partners via the online platform www.carify.com (hereinafter referred to as the "CARIFY Platform").

These Terms of Use and the documents referenced herein govern the rights and obligations between customers and the respective CARIFY partners, as well as between customers and CARIFY.

2. Conditions

2.1 Eligibility

A CARIFY subscription may be concluded by individuals who have a permanent residence in Switzerland, hold a valid driver’s license from the road traffic authority for the vehicle category in question, and are at least 18 years old. Individuals who have reached the age of 80 are not eligible to enter into a CARIFY subscription.

For vehicles with an engine output exceeding 350 horsepower or a sporty character, the customer must be over 30 years of age at the time of booking, unless expressly agreed otherwise in a separate agreement.

The customer must be the primary driver and may not book a vehicle on behalf of another person — for example, someone who has failed or would fail a credit check, is not fit to drive, has outstanding debts with CARIFY, or for other comparable reasons.

2.2 Credit Check

Each customer must provide proof of creditworthiness prior to concluding a contract, based on CARIFY’s internal requirements. The customer agrees that CARIFY may independently assess their credit status and obtain the necessary information for this purpose. CARIFY may request documents from the customer or related persons (e.g. family members, employers, companies, credit card holders, etc.), such as identification documents, bank statements, payslips, or other relevant evidence. CARIFY may also use third-party data or publicly available information (e.g. credit checks, commercial registers) in order to initiate, maintain, or terminate a contractual relationship.

The customer agrees that CARIFY may collect and share personal data about them with third parties for these purposes.

If the customer's creditworthiness does not meet the requirements of CARIFY or its partners, the booking request will be rejected. Any payments already made will be refunded to the customer within a maximum of 20 days. Processing time depends on the customer's bank.

CARIFY reserves the right to decide at its sole discretion whether or not to enter into a contract with the customer.

If the customer’s credit status or financial circumstances change materially, CARIFY is entitled to terminate the CARIFY subscription immediately and without notice on behalf of the CARIFY partner.

2.3 Insurance Declaration

By confirming the booking, the customer declares that:

● They have had fewer than three insurance claims in the past three years.

● Their driver’s license has not been revoked for more than three months, and no insurance policy has been cancelled or rejected within the past five years.

2.4 Contract Fee
A one-time contract fee of CHF 149 (including VAT) is charged upon the initial conclusion of the subscription agreement. This fee covers administrative costs such as credit checks, system setup, and document processing and is due regardless of the actual start date of the subscription.

2.5 Telematics and Vehicle Data
CARIFY reserves the right to equip vehicles with telematics systems. These systems may collect data such as mileage, location, movement patterns, service information, battery status, and vehicle condition in real time.

The collection and processing of this data is carried out for the purpose of fulfilling the contract, billing (e.g., for excess mileage), maintenance coordination, ensuring compliance with the contractual terms, and maintaining fleet safety.

We collect vehicle data (e.g., mileage, location, maintenance status) exclusively for contract execution and vehicle security. This data is not used for profiling or advertising purposes.

Processing is carried out in accordance with applicable data protection regulations. Further information can be found in the Privacy Policy.

3. CARIFY Subscription

3.1 Overview

By completing the booking process on the CARIFY Platform and accepting the General Terms and Conditions as well as the Terms of Use, the customer submits a legally binding booking request to the CARIFY Partner for a CARIFY Subscription.

If the conditions of this contract are met and the vehicle is available from the CARIFY Partner, a legally binding agreement is concluded between the customer and the CARIFY Partner for the paid use of the selected vehicle (CARIFY Subscription).

The contractual parties to the CARIFY Subscription are the customer and the CARIFY Partner. CARIFY acts as a contracting agent for the CARIFY Partner and confirms the conclusion of the CARIFY Subscription and the formation of the contractual relationship by sending the final booking confirmation to the customer.

3.2 Start of the CARIFY Subscription

The CARIFY Subscription and its first contractual month begin on the actual delivery date to the customer or the date the customer picks up the vehicle.

3.3 Scope of the CARIFY Subscription

Unless otherwise agreed in writing between CARIFY and the customer, the booked CARIFY Subscription includes:

● Proper use of the vehicle selected by the customer on the CARIFY Platform during the subscription period, within the monthly mileage allowance specified in the final booking confirmation

● Tires selected by CARIFY

● The initial motorway vignette

● One car key

● For electric vehicles: one Type 2 charging cable

● All registration fees and road taxes

● Insurance coverage as outlined in Sections 10 and 11

● All maintenance and repair work (see Section 10), provided it is not caused by misuse or non-compliant use by the customer

The following are excluded and are therefore the responsibility of the customer:

● Fuel or electricity

● AdBlue, unless part of mandatory maintenance

● Windshield washer fluid, unless part of mandatory maintenance

● Engine oil, unless part of mandatory maintenance

● Windshield wiper blades, unless part of mandatory maintenance

● Fines and penalties

3.4 Included Kilometres

The number of included kilometres is based on the mileage package selected by the customer as part of the CARIFY Subscription. If the included kilometres are not fully used in a given month, the unused portion will be credited to the following subscription month. Compensation for unused kilometres at the end of the subscription period is excluded.

If, by the end of the subscription, the total mileage exceeds the contractually agreed allowance, each additional kilometre will be billed according to the excess kilometre rate specified in this agreement.
If the customer changes the mileage package during the term — and thereby also changes the subscription price and the corresponding excess kilometre rate — the highest applicable excess kilometre rate across all selected packages will automatically apply to the total number of excess kilometres recorded at the end of the subscription.

3.5 Changing the Mileage Package

A change to the mileage package is only possible during the term of the subscription, subject to the following rules. Each change is subject to an administrative fee in accordance with Clause 7.6:

· Changes only take effect starting from the next subscription month.

· Changing the mileage package may result in a change to the cost of additional kilometres.

· The customer must confirm the change in writing at least one business day before the renewal date of the subscription.

· The price of the new mileage package will be quoted upon request and calculated based on CARIFY’s current pricing guidelines.

· The mileage package may only be changed once during the entire duration of the subscription (including after the minimum term).

During the minimum term:
· The mileage package may be increased once, but cannot be reduced.

After the minimum term:
· The mileage package may be increased or reduced once, provided it was not already changed during the minimum term.

After termination notice:
Once the subscription has been terminated by the customer, no further changes to the mileage package can be made.

4. Payment

4.1 Monthly Fee & Down Payment

The customer owes CARIFY a fixed monthly fee (in CHF incl. VAT) for the services agreed upon in the contract. The customer remains obligated to make timely payments, even if the vehicle cannot be used for any reason (e.g., due to maintenance or repair).

The customer may choose to make a down payment at the time of booking. In such cases, the vehicle will only be delivered after the full down payment has been received. The reduced monthly rate resulting from the down payment applies only for the booked minimum subscription term and will be adjusted to the regular monthly rate after the minimum term expires.

CARIFY may retain the down payment to cover other outstanding invoices owed by the customer.

4.2 Payment Methods and Process

The customer pays the first monthly fee at the time of booking via credit card. Thereafter, each subsequent fee is automatically charged every 30 days using the stored payment method.

CARIFY is entitled to collect other contractually owed amounts using the stored payment method (especially credit card) — for example, for additional kilometres (including cases under Clause 7.8), cleaning fees, damages, deductibles, tires, vehicle returns, reminder fees, or other charges specified in these Terms and their annexes. The customer expressly agrees to this form of recurring and/or subsequent charging.

The down payment may be made by credit card or bank transfer (invoice) at the customer’s discretion.

4.3 Late Payment

If a payment due to CARIFY or a CARIFY partner is not settled within the specified payment period, CARIFY reserves the right to charge the customer reminder fees and/or an additional administrative fee in accordance with Clause 7.6, in addition to the outstanding invoice amount.

In the event of payment default, CARIFY is entitled to immediately and without notice terminate the CARIFY Subscription on behalf of the CARIFY Partner, arrange for the vehicle to be retrieved at the customer’s expense using specialized external service providers, invoice the customer for the monthly subscription fees up to the next possible termination date, and charge a contractual breach fee. CARIFY may also assign the outstanding claims to a debt collection agency of its choosing. Any additional costs arising from the collection process are the responsibility of the customer and are expressly accepted as such. If reminders remain unsuccessful, unpaid claims will be forwarded to external collection agencies for legal enforcement.

The customer is obligated to reimburse all costs resulting from the default in payment, including but not limited to collection agency fees, late payment interest, and legal fees. The collection fees depend on the amount of the claim.

● Collections via Intrum AG: Processing fees (no earlier than after two written reminders from the invoice date, upon handover to the collection agency) in accordance with www.fairpay.ch.

● Collections via PAIR Finance: Fees are capped in accordance with the recommendations of Inkasso Suisse.

During the period of non-payment, CARIFY and/or its appointed third parties have the right to immobilize and recover the vehicle either digitally (e.g., deactivating the key, locking the doors, disabling the engine) or physically (e.g., removing license plates, applying wheel clamps).

During the period of non-payment, the customer is not entitled to any insurance services (e.g., replacement vehicle, etc.).

Outstanding claims and all associated fees are deemed contractually agreed supplementary costs within the meaning of Article 160 of the Swiss Code of Obligations (OR) and may be enforced as part of the contractual amount.

4.4 Use of Security Deposit to Cover Outstanding Charges

CARIFY is entitled to offset all outstanding claims arising from the subscription relationship against the security deposit paid by the customer — in particular claims for excess mileage, damages, cleaning costs, deductibles, late returns, or reminder fees.

Any remaining balance will be refunded to the customer after the end of the contract. If the claims exceed the amount of the deposit, the customer remains liable for the difference.

5. Vehicle Handover

5.1 Pickup at CARIFY Partner or Home Delivery

When booking the CARIFY Subscription, the customer may choose between picking up the vehicle at the CARIFY Partner location or having it delivered to an address of their choice within Switzerland or the Principality of Liechtenstein (home delivery).
Changes to the delivery address made less than five days in advance cannot be guaranteed. Available delivery time slots (Monday to Friday) are determined by CARIFY and may vary depending on factors such as the dealership, route, vehicle type, or driver availability.

For home delivery, the vehicle will be collected from the CARIFY Partner by a CARIFY employee or a third party appointed by CARIFY, on behalf of the customer. The mileage and fuel costs incurred between the pickup and delivery locations are borne by the customer.

The vehicle may only be received by the customer in person at the time of delivery. The vehicle will only be handed over once at least the first monthly payment and any optional down payment have been received in full.

5.2 Handover and Defects

Whether the vehicle is picked up by the customer at the CARIFY Partner location or delivered to their home, a handover report is created. This report documents the condition of the vehicle at the time of handover (including mileage, damages, general condition, etc.).

The customer must inspect the vehicle at the time of handover and record any defects or damages in the handover report. In the case of significant defects or damages, the customer must refuse to accept the vehicle and immediately contact CARIFY.
If the customer refuses to accept the vehicle for any other reason, this will be treated as an early termination in accordance with Clause 8.3 (effective from three business days after booking confirmation and prior to handover).

The customer has the right to report minor pre-existing damages that could not reasonably have been identified at the time of handover (e.g., if the car was wet or delivered at night) within 24 hours of receiving the vehicle.

Minor deviations from the advertised vehicle (e.g., mileage, wheels, features, etc.) are possible and do not constitute grounds for refusing the vehicle.

5.3 Delay in Handover Date

The preferred handover date indicated in the booking is not guaranteed by CARIFY. The customer is not entitled to a replacement vehicle, financial compensation, or cancellation of the subscription if the vehicle is not available on the requested handover date.

6. Ownership of the vehicle

The vehicle remains the property of the CARIFY Partner or a third party. The customer does not acquire any ownership or other proprietary rights to the vehicle. The customer has no right of retention over the vehicle in relation to claims against either the CARIFY Partner or CARIFY.

The customer must keep the vehicle free of third-party rights. In particular, the customer is not permitted to sell, lease, pledge, gift, assign as collateral, sublet, or offer the vehicle for car sharing.

7. Use of the CARIFY Subscription

7.1 Authorized Drivers

Vehicles rented through CARIFY may be used by third parties (hereinafter referred to as "authorized users") with the customer’s consent. Authorized users must meet the same eligibility requirements as the customer and must comply with the same obligations.

The customer may authorize third parties who hold a valid Swiss learner’s permit to drive the vehicle, provided they comply with all applicable Swiss regulations for learner drivers.

In all cases, the customer remains the sole contractual party. Transferring the subscription to another person is not permitted.

7.2 Geographical Restrictions

The vehicle has to be used primarily within Switzerland. The vehicle registration is valid in Europe and the Mediterranean coastal states, with the exception of the following countries: Egypt, Algeria, Armenia, Azerbaijan, Belarus, Georgia, Iran, Israel, Kazakhstan, Kosovo, Lebanon, Libya, Russian Federation, Syria, and Ukraine.

7.3 General Customer Obligations During Use

Throughout the term of the contract and while using the vehicle, the customer is required to fulfill the following general obligations:

● The customer must comply with all legal obligations related to the operation and maintenance of the vehicle and must notify CARIFY immediately of any issues (e.g. warning lights, low tire tread, etc.).

● The customer must comply with all traffic regulations in Switzerland and abroad.

● The customer must ensure the vehicle is adequately protected against theft.

● The customer may not drive the vehicle on public roads without the official license plates. Swapping license plates or using them on other vehicles is strictly prohibited.

● The customer must ensure the vehicle is maintained and handled in accordance with the manufacturer’s operating and maintenance instructions. CARIFY must be notified immediately when a service or maintenance is due (e.g., based on mileage or warning lights).

● The customer may not make any visual or technical modifications to the vehicle, including removal of CARIFY stickers.

● Repairs, servicing, maintenance, or tire changes may only be performed by a CARIFY partner.

● The customer must immediately inform CARIFY if their driver’s license is revoked.

● The customer must comply with fuel and fluid requirements specific to the vehicle.

● The customer is responsible for ensuring that no one smokes in the vehicle.

● The customer must keep the vehicle clean and take all reasonable steps to avoid any lasting odors.

● The customer must ensure that the vehicle is in a roadworthy condition before every trip.

● The customer must inform CARIFY immediately of any accidents or damages.

● The customer must follow the instructions provided on the insurance card in the event of an accident, damage, or breakdown.

● The customer may not purchase the vehicle from the CARIFY partner during the minimum term of the subscription.

● Upon request from CARIFY, the customer must provide the current mileage reading and any other relevant information about the vehicle’s condition within 48 hours.

7.4 Servicing, Maintenance, and Tires

CARIFY coordinates all service appointments, maintenance, and tire changes and will inform the customer in a timely manner. Upon request, the customer is obligated to present the vehicle to the CARIFY Partner or CARIFY for servicing or maintenance, arrange a vehicle swap if required, and leave the vehicle in the possession of CARIFY or the CARIFY Partner for the duration of the work. The customer is responsible for bringing the vehicle to the service provider designated by CARIFY.

CARIFY, in collaboration with its partners, reserves the right to decide whether a tire change will be carried out and which tire size, brand, make, and material will be used. The rims may vary depending on the installed tires. If a tire change is scheduled by CARIFY, it must be carried out. If it is not performed on time and the installed tires become worn and need replacement, the cost of new tires may be charged to the customer.

The customer is required to report worn tires in good time so that they can be replaced before posing a safety risk. CARIFY cannot be held liable if the vehicle becomes unroadworthy due to worn tires that were only reported at short notice.

The customer must ensure that the vehicle is in a roadworthy condition before each trip. If this is not the case, the vehicle must not be driven under any circumstances, and CARIFY must be informed immediately. The customer is not permitted to carry out or commission repairs, maintenance, tire changes, or other work themselves or through third parties.

In the case of maintenance or servicing, CARIFY and the CARIFY Partner are under no obligation to provide a replacement vehicle for the duration of the service.

If the customer carries out service, maintenance, or repair work at a garage other than the CARIFY Partner or a third-party workshop expressly authorized by CARIFY for such work, the customer shall bear the resulting costs, any potential loss of warranty or service coverage, and the Non-Compliant Service Fee as specified in Clause 7.6.

7.5 Prohibited Activities

Commercial use of the vehicle for transporting passengers, for paid rides (such as Uber), participation in motorsport events, skid training courses, towing or moving other vehicles, or for any journeys that require special government permits is strictly prohibited. Subletting and car sharing are also not permitted.

7.6 Operational Fees & fees for breach of contract

For any additional services exceeding the standard scope of services provided by CARIFY or its CARIFY partner, the following fees shall apply. These fees may be charged as flat rates or based on actual effort. Charges apply regardless of whether the work is carried out by CARIFY, its partner, or an appointed third party.

● Debt collection fee: CHF 100 incl. VAT + actual third-party collection costs

● Non-compliant service fee: CHF 500 incl. VAT

● Processing fee in the event of a total loss: the higher of CHF 1,000 incl. VAT or one monthly subscription fee

● Late vehicle return without prior approval from CARIFY and/or the CARIFY Partner: CHF 200 incl. VAT

● Standard interior cleaning: CHF 100 incl. VAT

● Standard exterior cleaning: CHF 60 incl. VAT

● Stain removal and shampooing of one seat: 75 CHF incl. VAT

● Removal of heavy contamination (general): CHF 300 incl. VAT

● Removal of heavy contamination caused by animals: CHF 450 incl. VAT

● Removal of strong odors through chemical interior cleaning (smoke, animal odors, etc.): 600 CHF incl. VAT + fee for breach of contractual obligations

● Full interior cleaning (in case of extreme soiling): 1400 CHF incl. VAT + fee for breach of contractual obligations (all other cleaning charges waived)

● Fee for breach of the no-smoking rule inside the vehicle: 1500 CHF incl. VAT

● Fee for breach of the obligation to treat the vehicle with care: 800 CHF incl. VAT

● Failure to appear or confirm appointments for delivery, service, maintenance, or repairs: CHF 150 incl. VAT

● Failure to report damage as required: CHF 500 incl. VAT

● Appointment changes less than 48h in advance: CHF 75 incl. VAT

● No-show or cancellation less than 24h before a tire change appointment at the CARIFY tire partner or garage: CHF 150 incl. VAT

● Change of license plates and registration due to move to another canton: CHF 170 incl. VAT

● Change of registration document within the same canton: CHF 75 incl. VAT

● Fine processing fee: CHF 50 incl. VAT per fine

● Late payment and additional handling fees: CHF 50 incl. VAT for the second reminder, CHF 100 incl. VAT for the third reminder, and CHF 200 incl. VAT for additional processing

● Withdrawal from a confirmed purchase decision under a Try & Buy subscription (except in the case of a rejected leasing application): CHF 1,000 incl. VAT

7.7 Fines and Traffic Violations

Fines and penalties resulting from traffic violations committed by the customer, as well as any associated legal or administrative costs, shall be borne by the customer. The customer is required to indemnify CARIFY and its partners from any such claims without delay.

If the fine cannot be transferred directly to the customer, CARIFY reserves the right to charge the customer’s credit card for the amount of the fine and settle the payment on the customer's behalf. CARIFY is entitled to disclose the customer’s data to authorities or other parties with a legitimate interest.

CARIFY may also charge the customer’s credit card a processing fee per fine in accordance with Clause 7.6, to cover the administrative effort associated with handling fines.

More than four fines per month shall be considered repeated traffic violations and constitute a breach of duty under Clause 7.10.

7.8 Additional Kilometres and Excessive Use

CARIFY reserves the right to issue an interim invoice for excess kilometres during the subscription term if the number of excess kilometres exceeds 1,000 km as of the current date.

If the excess mileage is deemed to constitute excessive use, CARIFY reserves the right to terminate the subscription without notice.

7.9 Duty to Cooperate and Provide Information

The customer is obligated to inform CARIFY immediately of any changes to their residential address, personal details, or other relevant information — such as the loss or confiscation of a valid driver’s license.
The customer must provide CARIFY with information about the condition and use of the vehicle (e.g., location, mileage, tire condition) within 48 hours upon request.

Furthermore, the customer must provide their personal data truthfully and transparently. If the customer fails to notify CARIFY of changes to their personal data, CARIFY may charge the customer for any resulting administrative effort. If the customer cannot be reached for more than 30 days, CARIFY may terminate the contract on behalf of the CARIFY Partner without notice.

The customer is not permitted to tamper with or remove the data transmission device installed in the vehicle or interfere with the vehicle’s data transmission functionality. Any such tampering or removal may lead to early termination by CARIFY.

7.10 Breach of Obligations

In the event of a breach of obligations by the customer, CARIFY has the right to terminate the contract on behalf of the CARIFY Partner without notice. In such cases, the customer shall bear the cost of returning the vehicle to the CARIFY Partner. This will trigger the fees outlined in Clause 8.3.

8. Termination of the CARIFY Subscription

8.1 Ordinary Termination of the CARIFY Subscription by the Customer

After the minimum term has expired, the customer may terminate the subscription with 14 days’ notice to the end of any subscription month. The customer is required to actively cancel the subscription; otherwise, it will automatically renew on a monthly basis.
Exception: For Try & Buy packages, the subscription will be automatically terminated by CARIFY if the customer informs CARIFY via email of a final decision to purchase the vehicle.

Termination must be submitted directly via the CARIFY Platform.

8.2 Ordinary Termination of the CARIFY Subscription by the Garage

The garage’s cancellation policy depends on the subscription package selected:

Flex Packages:
The garage must guarantee the availability of the vehicle for up to 8 months after the minimum term. The garage must provide 2 months’ notice to terminate the subscription.
If neither the garage nor the customer cancels, the subscription will automatically renew on a monthly basis after the minimum term.

Example: The customer books a vehicle with a 6-month minimum term and does not cancel after the term expires. After 12 months of total contract duration, the garage may cancel the subscription, resulting in the vehicle being returned after 14 months (6-month minimum term + 8-month guarantee period + 2-month notice period).

Fix Packages:
The garage must guarantee the availability of the vehicle until the end of the minimum term. The garage must provide 1 month’s notice to terminate the subscription.
If neither the garage nor the customer cancels, the subscription will automatically renew on a monthly basis after the minimum term.

Example: The customer books a vehicle with a 6-month minimum term. After 5 months of the subscription, the garage may give notice, so the vehicle is returned after 6 months (end of minimum term with 1-month notice).

Try & Buy Packages:
The termination conditions for Try & Buy packages are generally the same as those for Fix Packages.
Exception: If the customer informs CARIFY by email of a final decision to purchase the vehicle at least 14 days before the end of the minimum term, CARIFY will automatically terminate the subscription at the end of the minimum term.

CARIFY will make reasonable efforts but is under no obligation to find a new or replacement vehicle for the customer if the subscription is terminated by the garage.

8.3 Early Termination of the CARIFY Subscription by the Customer

Before Vehicle Handover:

The customer may withdraw from the contract no later than 72 hours before the agreed handover date. In this case, CARIFY will charge a flat processing fee of CHF 1,500.–.

If the withdrawal occurs later, or if the customer does not appear for the agreed handover without prior notice (“no-show”), the customer remains liable for payment of the full subscription amount for the agreed minimum term.

After Vehicle Handover:
If the customer wishes to terminate the contract after taking possession of the vehicle but before the end of the minimum term, six monthly subscription fees will be due as compensation. Additionally, a flat processing fee of CHF 1,500 will be charged.

Fleet Vehicles:
Fleet vehicles are new vehicles purchased by CARIFY Partners in response to a specific customer request in order to provide the vehicle through a CARIFY subscription. For CARIFY subscriptions involving fleet vehicles, early termination by the customer is not permitted after signing the subscription agreement.

8.4 Early Termination of the CARIFY Subscription by CARIFY

CARIFY is entitled to terminate the subscription without notice for cause in the following cases:

The customer is in arrears with payment of the monthly fee and does not settle the outstanding invoice in full after the second reminder (see Clause 4.3).

The vehicle loses its registration or is seized or confiscated by authorities due to actions attributable to the customer or an authorized user.
The vehicle has been used in connection with a criminal offense, or there is a reasonable suspicion of such an offense.
A significant deterioration in the customer’s financial circumstances is imminent or has already occurred.
The customer loses legal capacity, becomes partially incapacitated, or passes away.
The subscription can no longer be carried out under acceptable conditions for CARIFY, including but not limited to excessive cost, high operational burden, recurring technical issues, vehicle failure, unavailability of spare parts, or similar.
The customer uses the vehicle in breach of contract, permits such use by others, or makes use of non-compliant services.
The customer provides false or misleading information about their personal or financial situation at the time of contract conclusion or withholds material facts (e.g., booking the vehicle for someone not eligible for a CARIFY subscription) that would have led CARIFY to decline the contract if known.
The customer fails to comply with their obligation to cooperate (Clause 7.9).
The customer relocates abroad or relinquishes or is forced to surrender their driver’s license (see Clause 3).
The customer refuses to provide information required for compliance with legal or regulatory obligations.
Criminal proceedings are initiated against the customer in Switzerland or abroad.
Insolvency proceedings are initiated against the CARIFY Partner providing the vehicle, a third-party owner of the vehicle, or against CARIFY itself.
The partnership with the CARIFY Partner providing the vehicle is terminated.

From the moment a breach of contract is identified, CARIFY and/or third parties appointed by CARIFY have the right to immobilize and retrieve the vehicle via digital means (e.g., disabling the key, locking the doors, deactivating the engine) or physical means (e.g., removing license plates, applying wheel clamps).

Early terminations by CARIFY will trigger the contractual breach fees described in Clause 8.3 (except for cases under items 13 and 14 above).

8.5 Change of Termination Date

Once a subscription has been terminated, any change to the termination date is subject to the approval of CARIFY and the CARIFY Partner. If the change is accepted, an administrative fee will be charged in accordance with Clause 7.6.

9. Return of the Vehicle

9.1 General

At the end of the rental period, the customer may choose to return the vehicle either to the CARIFY Partner or request a return delivery organized by CARIFY to a location of the customer’s choice within Switzerland or the Principality of Liechtenstein (return delivery), which is subject to an additional fee. The return date and location will be coordinated between CARIFY and the customer.

At the end of the subscription, the vehicle must be returned to the CARIFY Partner fully fueled, clean, and in roadworthy condition, appropriate for its age and mileage, along with all associated documents.
Any mileage and fuel required for transport between the customer’s return location and the CARIFY Partner are at the customer’s expense. Changes to the return address made less than five days in advance cannot be guaranteed.

The only exception to this is when a vehicle is purchased by the customer under a Try & Buy subscription. In that case, the vehicle remains with the customer and is not returned to the CARIFY Partner.

9.2 Vehicle Condition Inspection

Upon return of the vehicle, a return report will be created in the presence of the customer or their representative, documenting the return and any visible damages. The garage reserves the right to report damages after return if they could not be identified during the initial inspection (e.g., due to the vehicle being excessively dirty or wet).

If the customer returns the vehicle to a CARIFY delivery partner, the garage will inspect the vehicle and prepare the return report after receiving the vehicle from the delivery partner.

9.3 Vehicle Condition at Return and Repair Costs

Vehicle damages will be assessed by CARIFY or its partner based on the CARIFY-Damage Catalogue.

CARIFY or its partner will prepare a cost estimate for repairs, and the customer will be invoiced according to their insurance coverage and this agreement. If the final repair costs differ from the initial estimate, CARIFY may charge or refund the difference to the customer accordingly.

For claims (excluding excess mileage) exceeding CHF 100, a dossier fee of CHF 50 including VAT will be charged.

For claims (excluding excess mileage) exceeding CHF 500, a flat processing fee of CHF 250 including VAT will be charged for review and any potential expert assessment.

9.4 Binding Return and Authorization

If the customer fails to return the vehicle by the agreed deadline, CARIFY and its CARIFY Partners are entitled to retrieve the vehicle from the customer without a court order or deposit. The customer will bear the associated costs.

The customer authorizes CARIFY representatives, the CARIFY Partner, or third parties appointed by CARIFY to enter the premises or property where the vehicle is located in order to carry out the retrieval.

The customer remains obligated to pay the agreed monthly subscription fee and fulfill all contractual obligations, even if the delayed return was not directly their fault.

10. Insurance

Throughout the subscription period, the customer is insured via CARIFY’s insurance partner: Zurich Insurance Company Ltd, P.O. Box, 8085 Zurich (hereinafter referred to as "Zurich Insurance").

CARIFY reserves the right to change the insurance provider or the insurance premiums during the term of the agreement, provided that the level of insurance coverage is not substantially reduced. The customer will be informed appropriately of any provider change or premium adjustments. Such changes do not entitle the customer to withdraw from or terminate the subscription, as long as the coverage remains essentially equivalent.

The scope of coverage depends on the insurance package selected by the customer:

BUDGET Insurance

● Third-party liability insurance with a coverage amount of CHF 100,000,000*

● Fully comprehensive (collision) insurance with CHF 1,500 deductible per event*

● In case of total loss: an additional deductible of CHF 3,000 applies

● Partial coverage insurance (theft, fire, etc.) with CHF 300 deductible per event

● Parking damage coverage: Not included

● Extended glass breakage: Not included

● 24/7 roadside assistance: Yes, Switzerland/Liechtenstein

● Replacement vehicle: Not included**

● Security deposit: Yes, CHF 1,500***

OPTIMUM Insurance

● Third-party liability insurance with a coverage amount of CHF 100,000,000*

● Gross negligence coverage included

● Fully comprehensive insurance with CHF 1,000 deductible per event*

● In case of total loss: an additional deductible of CHF 1,500 applies

● Partial coverage insurance with CHF 0 deductible per event

● Parking damage insurance: CHF 200 deductible per event, max. 2 events per calendar year

● Extended glass breakage: Yes

● 24/7 roadside assistance: Yes, Europe-wide

● Replacement vehicle: Yes, Switzerland/Liechtenstein

● Security deposit: No

MAXIMUM Insurance (Available with a minimum term of 12 months)

● Third-party liability insurance with a coverage amount of CHF 100,000,000*

● Gross negligence coverage included

● Fully comprehensive insurance with CHF 500 deductible per event, up to 5 events per calendar year; beyond that, CHF 1,000 deductible applies*

● In case of total loss: an additional deductible of CHF 1,000 applies

● Partial coverage insurance with CHF 0 deductible per event

● Parking damage insurance: CHF 0 deductible per event, max. 2 events per calendar year

● Extended glass breakage: Yes

● 24/7 roadside assistance in CH/FL: Yes

● 24/7 roadside assistance across Europe: Yes

● Replacement vehicle: Yes, Europe-wide

● Security deposit: No

* If the driver at fault is not the subscriber and is under 25 years of age, an additional deductible of CHF 2,000 applies to both the collision and liability insurance.

** Customers with a BUDGET insurance package may optionally book the "Replacement Vehicle & Service Transport" add-on per month. Without this add-on, there is no entitlement to a replacement vehicle or transport service.

*** When booking the MINIMUM insurance package, the customer must pay a CHF 1,500 security deposit before vehicle handover. CARIFY may also require a deposit under other insurance packages depending on the situation.

The General Terms and Conditions of Insurance (GTCI) of CARIFY’s insurance partner apply. In case of discrepancies, the terms of this agreement shall take precedence.

11. Claims and Breakdowns

11.1 Obligation to Report

In the event of an accident, theft, loss, fire, animal collision, other damages, or third-party claims, the customer must immediately notify the insurance provider or CARIFY and file a police report where applicable. This also applies to self-inflicted accidents without third-party involvement. The customer may not acknowledge liability or repair any damage independently.

In all such cases — including breakdowns — the customer must immediately inform CARIFY or its insurance partner, Zurich Insurance.

To receive insurance coverage, the customer is legally required to provide accurate details about the circumstances of the incident. The customer will be sent two reminders to submit a statement. If the statement is not received after the second reminder, it will be assumed that no statement was made, and insurance coverage will be denied. Incomplete or missing statements will result in the customer being liable for the full repair cost.

11.2 Minor Damages

For minor damages that do not affect road safety, CARIFY and the CARIFY Partner may decide to postpone repairs until the end of the subscription. If the customer wishes to have the vehicle repaired earlier, prior approval is required from both CARIFY and the workshop. Any transport costs are borne by the customer. The customer accepts that the vehicle will not be available during the repair period and that there will be no compensation (e.g., financial reimbursement or replacement vehicle).

11.3 Theft and Total Loss

In the event of total loss or theft, the CARIFY Partner and CARIFY — acting on the partner's behalf — reserve the right to terminate the subscription with immediate effect.

11.4 Replacement Vehicle

If the vehicle becomes unroadworthy due to an accident or breakdown, the customer may be entitled to a replacement vehicle through the insurer, depending on the selected insurance package and up to a maximum cost defined by the insurer.

If replacement costs exceed the insurer’s coverage (e.g., due to part delivery delays, towing from abroad), CARIFY is not obligated to provide a replacement vehicle after the insurer’s coverage ends.
If the selected insurance package does not include a replacement vehicle, the customer is not entitled to one.

Insurance coverage for the replacement vehicle depends on the provider selected by the insurer and may differ from the policy on the original CARIFY vehicle. Any damages, fines, or claims related to the replacement vehicle are to be handled directly between the provider and the customer. CARIFY assumes no responsibility in such cases..

11.5 Total Loss of the Vehicle

In case of total loss caused by the customer or a third party, the subscription is terminated immediately. The customer is responsible for paying the subscription fee until the end of the current month as well as all costs related to the damage (e.g., deductible or vehicle value), including a contractual breach fee as per Clause 7.6.

If the subscription had not yet reached the minimum term, an early termination fee will apply according to Clause 8.4.
CARIFY and the garage are not obligated to provide a replacement vehicle. CARIFY may decide whether the customer is eligible to rent a different vehicle in the future.

11.6. Delays in Insurance Coverage Decisions

If the insurer takes more than one month to assess coverage for a claim (e.g., pending court decision), CARIFY may charge the full damage amount to the customer in the interim. If the claim is later accepted in full or in part by the insurer, CARIFY will reimburse the corresponding amount to the customer.

11.7. Authorization Regarding Past Claims

By entering into this agreement, the customer expressly authorizes the insurance company to obtain information about past insurance claims.

11.8 Vehicle Return Without Customer Presence

In the rare event that the vehicle must be returned to the partner garage by a third party without the customer's presence (e.g., due to breakdown, accident, seizure), the return report will be prepared by the garage upon receipt of the vehicle and will serve as the official condition report for processing any related claims.

12. CARIFY Try & Buy

12.1 Overview

CARIFY offers the Try & Buy package, which allows the customer to test a vehicle during the minimum subscription term (hereinafter referred to as the “test phase”) of a CARIFY subscription and purchase the vehicle at the Try & Buy purchase price at the end of the test phase.

When booking a Try & Buy package via the CARIFY platform, the general terms of Sections 1–11 and 13 of these Terms and Conditions apply, unless stated otherwise in Section 12.

12.2 Purchase Option

The customer has the option to purchase the vehicle at the Try & Buy purchase price until the end of the agreed minimum term. The customer must notify CARIFY of the purchase decision by email at least 14 days before the end of the minimum term (hereinafter referred to as the “decision date”). The purchase is finalized at the end of the test phase, regardless of when the decision was communicated.
If the customer withdraws from the confirmed purchase decision after notifying CARIFY via email, a processing fee applies (see Clause 7.6).
If no decision is communicated by the decision date, the purchase option expires. In such cases, CARIFY may reject any subsequent purchase request and terminate the subscription according to standard procedures.

Example: A customer books a 1-month Try & Buy subscription and the vehicle is delivered on December 1. To secure the Try & Buy purchase, the customer must notify CARIFY of the decision by December 18 (14 days before the end of the minimum term).

12.3 Payment

Monthly Fee: The customer pays the regular monthly subscription fee.

Try & Buy Purchase Price: If the purchase decision is confirmed by the decision date, the customer is entitled to the Try & Buy purchase price. This price is based on the regular sales price minus 100% of the Try & Buy subscription fees paid during the test phase. Additional monthly fees for insurance upgrades (OPTIMUM or MAXIMUM) are excluded from the deduction.

Changes to the Try & Buy subscription after vehicle delivery (e.g., mileage package changes) do not affect the purchase price.

Registration Fee: The Try & Buy purchase price includes a CHF 250 registration fee to compensate the CARIFY Partner for the re-registration of the vehicle in the customer’s name, full tank upon handover, and highway vignette.

Examples:

● Example 1 – Package change: Customer books 3-month Try & Buy at CHF 1,000/month. In month two, the mileage package is upgraded, and the third month is billed at CHF 1,100. Regular purchase price: CHF 30,000. Try & Buy price: CHF 27,250 (CHF 30,000 – 3 x CHF 1,000 + CHF 250 reg. fee).

● Example 2 – No changes: Monthly fee CHF 1,000. Decision confirmed 20 days before term end. Try & Buy price: CHF 27,250 (CHF 30,000 – 3 x CHF 1,000 + CHF 250).

● Example 3 – With insurance add-on: Monthly fee CHF 1,050 (CHF 1,000 base + CHF 50 OPTIMUM). Decision confirmed 20 days before term end. Try & Buy price: CHF 27,250 (CHF 30,000 – 3 x CHF 1,000 + CHF 250; insurance excluded).

12.4 Conditions
The Try & Buy purchase price includes the vehicle in the condition it is in at the end of the minimum term. It does not include:

● Any warranties (unless a valid factory warranty exists)

● Insurance

● A second set of tires

● A charging cable (for electric vehicles)

12.5 Purchase After Minimum Term
If the customer expresses interest in purchasing the vehicle after the decision date, CARIFY will forward the request to the CARIFY Partner. In this case, only the Try & Buy subscription fees paid during the minimum term will count toward the purchase price. Any subscription fees paid after the minimum term will not be deducted from the regular sales price and are non-refundable.
The customer and CARIFY Partner may negotiate a new purchase price.

12.6 Completion of the Purchase Process
The purchase is considered complete once the vehicle is officially re-registered to the customer with the motor vehicle authority. The last day of the Try & Buy subscription is:

The end of the test phase, if the purchase decision was made by the decision date; or

The end of the current subscription month, if the decision was made after the decision date.

12.7 Early or Delayed Completion of the Purchase Process
If the purchase is completed before the scheduled last day of the Try & Buy subscription, no refund will be issued for unused days or mileage.
If the purchase is completed after the scheduled last day, the subscription continues and the customer will be charged a daily fee prorated from the monthly subscription fee until the vehicle is re-registered. These charges are non-refundable and not deductible from the purchase price.

Example:
The customer books a 1-month Try & Buy at CHF 1,200. The decision is confirmed 14 days before term end. Due to delays, the vehicle is re-registered on May 6, two days after the test phase ended on May 4. CARIFY charges the customer CHF 80 (2 days at CHF 40/day).

12.8 Insurance
CARIFY’s insurance coverage ends when the vehicle is re-registered to the customer. During the Try & Buy period, the customer must immediately report any damages to CARIFY. If a customer fails to report a damage before re-registration, the insurance partner is released from any obligation to cover that damage.

12.9 Termination
The Try & Buy subscription ends in one of the following three cases:

The customer confirms the purchase decision via email to CARIFY. CARIFY will then terminate the subscription at the end of the minimum term (or at the next available termination date for post-term purchases).

The customer terminates the subscription according to the applicable termination terms (see Clause 8.2).
The CARIFY Partner terminates the subscription according to the applicable termination terms (see Clause 8.2).

13. Amendments and Final Provisions

13.1 Changes to Monthly Prices and Services

CARIFY reserves the right to modify its prices (e.g., monthly fees, delivery charges, etc.) and services at any time. CARIFY will inform the customer of such changes in an appropriate manner (e.g., via email, letter, or invoice).
If a price change results in higher total costs for the customer or if CARIFY modifies a service in a way that significantly impacts the customer, CARIFY will notify the customer in advance. In such cases, the customer may terminate the contract early and without financial penalty before the changes take effect. Otherwise, the changes will be deemed accepted.

Price adjustments resulting from changes in tax rates (e.g., VAT) or inflation are not considered price increases and do not entitle the customer to extraordinary or early termination of the contract.

13.2 Governing Law and Jurisdiction

These Terms of Use and all related appendices are governed by the applicable laws of Switzerland. The place of jurisdiction is Zurich, Switzerland.