General Terms and Conditions (GTC): DRAIV Carsharing Platform

Version 2026.10

Note: The German version of these GTC is the authoritative version (massgebende Fassung). This English translation is provided for convenience only. In case of discrepancies, the German version prevails.

§ 1 Scope, Definitions, and Platform Role

1.1 Operator

These General Terms and Conditions ("GTC") govern the use of the online platform operated at draiv.ch and related mobile applications (the "Platform") by Steininger AG, c/o Zwicky & Partner, Gartenstrasse 4, 6300 Zug, Switzerland (hereinafter "DRAIV"), registered in the Commercial Register of the Canton of Zug.

1.2 Platform Role and Hybrid Model

DRAIV operates the Platform as a facilitating service provider that connects vehicle owners with persons seeking to rent a vehicle ("Renters"). The Platform offers Vehicles from three sources, each with a distinct legal relationship:

• (a) DRAIV Fleet Vehicles: Vehicles owned and operated by Steininger AG (the operator of the Platform). For these Vehicles, the Rental Agreement is concluded directly between Steininger AG (acting as Owner) and the Renter. DRAIV assumes the obligations of a lessor (Vermieterin) within the meaning of OR Art. 253 ff. for its own Fleet Vehicles. All Platform services (damage-protection options, payment processing, keyless access, deposits, customer support) apply.
• (b) Third-Party Vehicles: Vehicles listed by independent Owners (private individuals or partner fleets). For these Vehicles, the Rental Agreement is concluded directly between the third-party Owner and the Renter. DRAIV facilitates the formation and performance of the Rental Agreement but does not itself assume the obligations of a lessor. All Platform services (damage-protection options, payment processing, keyless access where available, deposits, customer support) apply.
• (c) Partner Network Vehicles: The Platform may display vehicles from external rental providers through the DRAIV Partner Network. DRAIV's role is limited to helping Renters discover vehicles that may match their needs and, where the Renter is interested, facilitating the initial contact by forwarding the Renter's Enquiry to the relevant Partner Network operator. DRAIV does not verify, inspect, or endorse Partner Network Vehicles. The rental agreement, insurance, payment, vehicle handover, and all other rental services are provided exclusively by the Partner Network operator, not by DRAIV. The Partner Network operator's own terms and conditions apply to any resulting rental.

These GTC (§§ 2-15) do not apply to Partner Network Vehicle rentals, except for § 1 (scope and definitions), § 9 (data protection with respect to the enquiry data collected by DRAIV), and § 13 (intellectual property).

Transparency disclosure: DRAIV may, at its discretion, receive a referral fee from the Partner Network operator for enquiries forwarded through the Platform. Whether a referral fee applies, and its amount, is determined solely between DRAIV and the Partner Network operator and may vary by partner or be waived entirely. Any such referral arrangement does not affect the Renter's rights or obligations vis-à-vis the Partner Network operator.

The Vehicle listing on the Platform indicates whether a Vehicle is a DRAIV Fleet Vehicle, a Third-Party Vehicle, or a Partner Network Vehicle.

Platform services for DRAIV Fleet Vehicles and Third-Party Vehicles include:

• (a) providing and maintaining the Platform infrastructure;
• (b) facilitating the matching of Owners and Renters;
• (c) processing payments between Renters and Owners;
• (d) offering per-booking damage-protection options (see § 5.1);
• (e) providing customer support and dispute facilitation;
• (f) where applicable, providing software-based keyless vehicle access technology via native OEM APIs and third-party providers;
• (g) managing security deposits and post-rental claims on behalf of the parties.

For Partner Network Vehicles, DRAIV's services are limited to:

• (a) displaying the Vehicle on the Platform based on information provided by the Partner Network operator;
• (b) collecting the Renter's Enquiry and forwarding it to the Partner Network operator;
• (c) providing customer support for the enquiry process only, not for the rental itself.

DRAIV does not process payments, offer damage protection, manage deposits, offer keyless access, or provide customer support for the rental of Partner Network Vehicles. Once the Enquiry is forwarded, the Renter's relationship is with the Partner Network operator directly.

DRAIV exercises operational oversight over certain aspects of the rental process for DRAIV Fleet Vehicles and Third-Party Vehicles (damage protection, payment, access technology, deposits) in order to ensure quality and safety for both Owners and Renters. DRAIV does not exercise such oversight over Partner Network Vehicles.

1.3 AI-Assisted Services

The Platform may use automated systems, including artificial intelligence, to provide customer support, pricing recommendations, and information. AI-generated content is advisory only and may contain inaccuracies. To the extent permitted by law, DRAIV assumes no liability for decisions made by users based on AI-generated information; liability for gross negligence and wilful intent remains reserved (§ 5.8(c)). Binding commitments are made only through Booking Confirmations (§ 2.2) and written communications from DRAIV staff.

1.4 Definitions

For the purposes of these GTC, the following terms have the meanings set out below:

• "Booking": A confirmed reservation for a specific Vehicle for a defined Rental Period, including all selected options and fees.
• "Booking Confirmation": The electronic confirmation sent by DRAIV to the Renter upon successful completion of the booking process and payment authorisation.
• "Deposit": The amount pre-authorised or charged on the Renter's payment method as security for potential damage, fines, or other claims arising during the Rental Period. No deposit is taken for bookings using a stored payment method (§ 6.3bis).
• "Stored Payment Method (Card-on-File)": A payment method stored by the Renter at checkout with explicit consent, authorising DRAIV to charge actual post-rental claims (damage, cleaning, fuel, excess mileage, late return, fines, fees) up to the chosen deductible without re-authorisation; return items with the final settlement, other claims after prior notice (§ 6.4). It also covers charges for extensions confirmed by the Renter under § 4.7.
• "DRAIV Fleet Vehicle": A Vehicle owned and operated by Steininger AG and listed on the Platform as part of DRAIV's own fleet.
• "Enquiry": A non-binding request submitted by the Renter via the Platform for a Partner Network Vehicle, forwarded by DRAIV to the Partner Network operator.
• "Owner": A natural person or legal entity that lists one or more Vehicles on the Platform for rental, whether as a private individual, as part of a partner fleet, or as Steininger AG for DRAIV Fleet Vehicles. For the avoidance of doubt, Partner Network operators are not "Owners" within the meaning of these GTC.
• "Partner": A commercial fleet operator or organisation that lists multiple Vehicles on the Platform under a fleet agreement with DRAIV.
• "Partner Network": The DRAIV Partner Network, through which DRAIV helps Renters discover vehicles from external rental companies or fleet operators. DRAIV displays these Vehicles on the Platform and forwards customer Enquiries to the relevant operator. DRAIV does not provide Platform services (damage protection, payment, keyless access, deposits) for Partner Network Vehicles and may, at its discretion, receive a referral fee from the Partner Network operator.
• "Partner Network Vehicle": A Vehicle displayed on the Platform through the DRAIV Partner Network. The Vehicle is owned and operated by an external Partner Network operator, not by DRAIV or a third-party Owner using DRAIV's Platform services. The information displayed about the Vehicle is provided by the Partner Network operator; DRAIV does not independently verify this information.
• "Third-Party Vehicle": A Vehicle listed on the Platform by an independent Owner (not Steininger AG and not a Partner Network Vehicle) that uses DRAIV's full Platform services.
• "Platform": The website draiv.ch, any related mobile applications, and all associated digital services provided by DRAIV.
• "Rental Agreement": The contract between the Owner and the Renter for the use of a specific Vehicle during the Rental Period, as facilitated by the Platform.
• "Rental Period": The time from the agreed start of the rental (vehicle pickup) to the agreed end (vehicle return), as specified in the Booking Confirmation.
• "Renter": A natural person who rents a Vehicle through the Platform.
• "Service Fee": The fee charged by DRAIV for the use of the Platform, calculated as a percentage of the base rental price and mandatory fees.
• "Vehicle": A motor vehicle listed on the Platform by an Owner for rental purposes.

1.5 Scope of Application

These GTC apply in full to all Renters using the Platform to search for, book, and rent DRAIV Fleet Vehicles and Third-Party Vehicles. For Partner Network Vehicles, only § 1 (scope and definitions), § 9 (data protection, limited to enquiry data), and § 13 (intellectual property) apply; the Partner Network operator's own terms and conditions govern the rental itself. Separate Vehicle Owner Terms govern the relationship between DRAIV and Owners of Third-Party Vehicles. In the event of a conflict between these GTC and individual agreements, the individual agreement prevails.

1.6 Language

These GTC are drafted in German. Translations are provided for convenience. The German version prevails in all cases.

§ 2 Account and Contract Formation

2.1 Account Registration

Use of the Platform requires the creation of a user account. The Renter must:

• (a) be a natural person of at least 18 years of age with full legal capacity;
• (b) provide accurate and complete personal information;
• (c) verify their identity and driver's licence as described in § 3;
• (d) provide a valid payment method.

The Renter is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

2.2 Contract Formation: Booking Process

The contract between the Renter and DRAIV for the provision of Platform services, and the Rental Agreement between the Renter and the Owner, are formed as follows:

1. Vehicle Selection: The Renter selects a Vehicle, Rental Period, and optional services (damage waiver package, cross-border travel, additional drivers) on the Platform.
2. Booking Summary: The Platform displays a complete summary of the booking, including all fees, the deposit amount, and the total price. The Renter has the opportunity to review and correct all entries before proceeding.
3. Payment Authorisation: The Renter authorises payment by submitting the booking. The rental price and fees are charged to the Renter's payment method; the deposit is pre-authorised (held but not charged). If the selected payment method does not support pre-authorisation (e.g., TWINT), the deposit is charged at the time of booking and refunded in full after expiry of the review period under § 6.3, provided no claim is asserted. Alternatively, where shown at checkout and expressly agreed by the renter, DRAIV may store the payment method (card-on-file) instead of taking a deposit and charge actual post-rental claims under § 6.3bis up to the chosen deductible; in that case only the rental fee and charges are debited at booking and no deposit is pre-authorised or charged. The Platform indicates at checkout which of these variants applies.
4. Booking Confirmation: DRAIV sends an electronic Booking Confirmation to the Renter's registered email address. The Rental Agreement between the Owner and the Renter is formed upon issuance of the Booking Confirmation.

For Vehicles requiring Owner approval, the Booking is provisional until the Owner confirms. If the Owner declines, no charges are made and the Renter is notified.

2.3 No Statutory Right of Withdrawal

Under Swiss law, there is no statutory right of withdrawal (cooling-off period) for online contracts. Cancellation of confirmed Bookings is subject to the cancellation fees set out in § 8.

2.4 Service of Notices

Notices from DRAIV are sent electronically to the last registered email address. Ordinary notices are deemed delivered upon dispatch. Reminders and payment demands are deemed received once they arrive in the Renter's email inbox; if delivery fails because the Renter has not updated their contact details contrary to sentence 4, they are deemed received upon the second delivery attempt. The Renter is responsible for keeping their contact information up to date.

§ 3 Renter Requirements

3.1 Driver's Licence

The Renter must hold a valid driving licence that entitles them to operate the booked Vehicle category throughout the entire Rental Period. Foreign driving licences must comply with Swiss recognition requirements; holders of non-Swiss licences must convert their licence within 12 months of establishing residence in Switzerland in accordance with applicable Swiss law.

3.2 Minimum Age and Young Drivers

The minimum age for renting a Vehicle through the Platform is 21 years. Certain Vehicle categories may require a higher minimum age, as indicated on the listing.

3.3 Residence

The Renter must have a registered domicile or habitual residence in Switzerland or Liechtenstein, or otherwise provide identification acceptable to DRAIV.

3.4 Prohibited Uses

The Vehicle may be used for ordinary private purposes and business-related travel (commuting, meetings, trade fairs), but not for activities in which the Vehicle is a central component of the business operation. The following uses are expressly prohibited:

• (a) taxi, ride-hailing, or passenger transport services;
• (b) courier, delivery, or freight services;
• (c) driving instruction;
• (d) motorsport events, races, or speed tests;
• (e) towing or pushing other vehicles;
• (f) subletting or re-renting the Vehicle to third parties;
• (g) any use that violates applicable laws.

3.5 Driving Under the Influence

Operating the Vehicle under the influence of alcohol, drugs, medication, or any other substance that impairs driving ability is strictly prohibited and constitutes a material breach of these GTC and the Rental Agreement. Damage protection may lapse in such cases.

3.6 Additional Drivers

Only the registered Renter may drive the Vehicle. Additional drivers must be registered and paid for in accordance with § 5.5. All additional drivers must meet the requirements of this § 3.

3.7 Documents During Rental

The Renter must carry a copy of the Booking Confirmation and the vehicle registration document during every trip.

§ 4 Rental Conditions

4.1 Vehicle Handover and Return

The Vehicle must be picked up and returned at the location specified in the Booking Confirmation. The Renter must return the Vehicle to the exact same location unless otherwise agreed in writing. If the Renter fails to return the Vehicle to the designated location, the Renter bears all costs arising from relocation, including transport, fuel, personnel, and any additional rental days.

4.2 Vehicle Condition Documentation

(a) Pickup: The Renter must inspect the Vehicle at pickup and document any pre-existing damage via the Platform (photographs and/or written description). Documentation should be completed within 30 minutes of pickup. Damage identified at return that was neither documented at pickup nor recorded as pre-existing in the vehicle profile is presumed to have occurred during the Rental Period. The Renter may prove that the damage did not occur during the Rental Period (e.g., by reference to the return documentation of the previous rental, which DRAIV will disclose upon request).

(b) Return: The Renter must document the Vehicle's condition at return via the Platform. Any new damage must be reported immediately through the Platform's damage reporting function.

(c) Owner Handover: For Vehicles with manual handover ("meet" mode), the Owner and Renter jointly inspect the Vehicle at both pickup and return. For keyless Vehicles, the Platform's photo documentation serves as the condition record.

(d) Truthfulness of damage reports (Wahrheitspflicht): Damage reports must be complete and truthful. Knowingly false, knowingly incomplete, or misleading damage reports constitute a material breach of these GTC and shall be treated as wilful concealment (Vorsatz) within the meaning of § 5.2(a); in such cases the damage waiver is voided in full and the Renter is liable for the entire actual damage amount, regardless of the damage waiver tier selected. In the case of negligently incomplete damage reports, the damage waiver is reduced in accordance with § 5.2 in proportion to the degree of fault and the causal connection. The fee for failure to submit a damage report under § 7 is credited against the damages owed.

4.3 Late Return

If the Vehicle is not returned by the end of the agreed Rental Period, the following late return charges apply:

(a) With follow-up booking (the Vehicle is reserved for another Renter): After a grace period of 15 minutes, a late return fee of CHF 2.50 per commenced minute applies, capped at CHF 200.00 per 24-hour period (see § 7).

(b) Without follow-up booking: The Rental Period is extended at the pro-rata daily rental rate, plus a flat handling fee of CHF 25.00 (see § 7).

(c) The damage waiver tier selected at booking continues to apply during a late return, provided the Renter does not refuse to return the Vehicle and the Vehicle has not been reported stolen or misappropriated. The fees under (a) and (b) remain due.

(d) DRAIV notifies the Renter electronically of the upcoming return deadline. Failure to receive a notification does not release the Renter from timely return.

(e) Fees under (a) and (b) are charged as return items under § 6.4(1).

4.4 Cross-Border Travel

Trips outside Switzerland and Liechtenstein are only permitted if the "Cross-border travel" option has been selected during booking. The fee is CHF 7.00 per commenced 24-hour period. If selected:

• (a) The Renter receives an electronic Green Card.
• (b) Travel is permitted within EU/EFTA member states and other Mediterranean coastal states.
• (c) Travel to the following countries is prohibited regardless: Kosovo, Russian Federation, Georgia, Armenia, Azerbaijan, Kazakhstan, Belarus, Ukraine, Syria, Lebanon.
• (d) Tolls, environmental stickers, vignettes, and congestion charges are borne by the Renter.
• (e) Accidents abroad must be reported to DRAIV within 24 hours.
• (f) Breach of this section entails the contractual penalty set out in § 7 (driving abroad without cross-border option); liability for any actual damage exceeding that amount remains reserved.

4.5 Fuel and EV Charging Policy

(a) Combustion Vehicles: Vehicles are provided with a full tank. If the fuel level at pickup differs from this, the Renter documents it in accordance with § 4.2(a); the documented level then applies. The Renter must return the Vehicle with a full tank or with the documented pickup level. Missing fuel is charged at the price per litre shown on the refuelling receipt; where no receipt is available, a rate of CHF 2.50 per litre applies. The missing quantity corresponds to the refuelling, less the fuel consumed by any trips made by DRAIV between return and refuelling. In addition, the handling fee under § 7 (CHF 25.00) is charged. It is settled as a return item under § 6.4(1).

(b) Electric Vehicles: The Renter must return the Vehicle with at least the same battery charge level as at pickup. If the charge level is lower, a charging fee applies as specified in the Vehicle listing. It is settled as a return item under § 6.4(1).

4.6 Mileage Policy

(a) Included mileage: Each Booking includes the mileage allowance shown in the Vehicle listing and at checkout (by default 250 km per rental day, unless the listing states otherwise). Unused included kilometres are not credited.

(b) Excess mileage: Kilometres driven beyond the included mileage are charged at the excess-mileage rate shown in the listing (by default CHF 0.50 per kilometre). Excess mileage is settled after return as a return item in accordance with § 6.4(1).

(c) Mileage packages: Additional mileage packages (+250 km, +500 km) may be purchased at checkout at the displayed price; the price corresponds to the package kilometres at the excess-mileage rate and is charged in advance. Unused package kilometres are not refunded.

(d) Unlimited mileage: For Vehicles offered with unlimited mileage, either the listing applies (unlimited included) or the Unlimited package selectable at checkout at the displayed daily price applies.

(e) Odometer readings at pickup and return are recorded via the vehicle data or the condition documentation (§ 4.2).

4.7 Rental Extensions

(a) The Renter may request an extension of an ongoing Rental via the Platform. An extension only comes into effect if the Vehicle is available and DRAIV confirms the extension electronically.

(b) A maximum of 3 extensions of no more than 7 days each is permitted per Booking. The Vehicle's rental price and the Service Fee (§ 6.2) apply for the extension period; selected options (damage waiver, roadside assistance, etc.) continue automatically and are charged pro rata.

(c) If the extension is requested only after the agreed Rental Period has ended (overrun), a surcharge of 20% is applied to the extension price; late-return fees already incurred (§ 4.3) remain due.

(d) The charge is made to the payment method on file upon the extension confirmation; the authorisation given at checkout under § 6.3bis covers this charge.

4.8 Accident, Theft, and Breakdown

(a) Reporting: Accidents, theft, vandalism, wildlife damage, and significant damage must be reported to DRAIV without delay, and at the latest within 24 hours, via the Platform or [email protected] (for incidents abroad, § 4.4(e) applies).

(b) Police: In the event of accidents involving personal injury, theft or misappropriation of the Vehicle, vandalism, wildlife collisions, or accidents involving an unknown third party (parking damage), the police must be called and a copy of the police report submitted.

(c) No admission of liability: The Renter must not admit liability to third parties or enter into settlements. In accidents involving third parties, the European Accident Statement must be completed.

(d) Breakdown during the Rental: In the event of a breakdown, the roadside assistance service (§ 5.3) must be called. If the Vehicle cannot be made operational again within a reasonable time, DRAIV will, as a priority, seek to provide a comparable replacement Vehicle (by analogy with § 8.3(a)); otherwise, the rental price for the unusable days is refunded pro rata. Further claims are governed by § 5.8.

(e) If the Renter culpably breaches the obligations under (a)-(c) and this results in additional loss (e.g., loss of evidence, loss of recourse), the Renter is liable for that additional loss; § 5.2 (proportionality) applies by analogy.

§ 5 Damage protection, Liability, and Additional Services

5.1 Damage-protection model

All Vehicles listed on the Platform must carry valid motor vehicle third-party liability insurance (Motorfahrzeug-Haftpflichtversicherung) with minimum coverage of CHF 5'000'000 per event in accordance with SVG Art. 63 ff. This mandatory liability insurance is maintained by the Owner (or by Steininger AG for DRAIV Fleet Vehicles).

The Renter selects a damage waiver tier at the time of booking, which determines the Renter's deductible in the event of damage during the Rental Period (see § 5.2). The damage waiver tier limits the Renter's financial exposure; it does not replace or modify the Owner's mandatory motor vehicle liability insurance.

Where DRAIV enters into a partnership with an insurance carrier for supplementary rental insurance products, the identity of the insurance partner, the applicable general insurance conditions (AVB), and DRAIV's intermediary status will be disclosed on the Platform and communicated to the Renter at the time of booking.

5.2 Optional Deductible Reduction (Damage Waiver)

The Renter may reduce the standard deductible by selecting one of the following packages at the time of booking. Fees are charged per commenced 24-hour period:

The damage waiver may be reduced or voided in proportion to the degree of fault and the causal connection between the breach and the loss, in particular in cases of:

• (a) gross negligence or wilful intent;
• (b) driving under the influence of alcohol, drugs, or other impairing substances;
• (c) use of the Vehicle for prohibited purposes (§ 3.4);
• (d) operation by an unregistered driver;
• (e) cross-border travel without the cross-border option (§ 4.4);
• (f) participation in motorsport events, races, or speed tests.

Minor or formal breaches of these GTC that have no causal connection to the damage do not void the damage waiver.

5.3 Roadside Assistance (Mandatory)

A fee of CHF 5.00 per commenced 24-hour period is charged for 24/7 roadside and towing services. This service covers the geographical scope of Europe and cannot be deselected. The service includes breakdown assistance, towing to the nearest authorised workshop, and emergency support.

5.4 Damage protection for cross-border travel

See § 4.4 for the cross-border travel option and conditions.

5.5 Additional Drivers

A fee of CHF 5.00 per commenced 24-hour period is charged for each additionally registered driver. Additional drivers must meet all requirements under § 3 and be registered via the Platform before driving the Vehicle.

5.6 Coverage Exclusions

Coverage does not apply to:

• (a) mechanical or electrical breakdown, wear and tear, or tyre damage (unless caused by accident);
• (b) damage caused by use of incorrect fuel or insufficient oil/water;
• (c) damage caused during prohibited use of the Vehicle;
• (d) personal items left in or stolen from the Vehicle;
• (e) periods outside the confirmed Rental Period; this exclusion does not apply to the duration of a late return in accordance with § 4.3(c).

Where DRAIV partners with an insurance carrier for supplementary coverage, claims are handled by the respective insurance carrier in accordance with their general insurance conditions. The Renter's own personal insurance or credit card benefits remain unaffected.

5.7 Keeper Liability (SVG Art. 58)

The registered keeper (Halter/in) of the Vehicle retains strict liability (Kausalhaftung) for damage caused by the Vehicle under Art. 58 of the Swiss Road Traffic Act (SVG), regardless of who is driving. This statutory liability cannot be transferred to the Renter by contract.

• (a) DRAIV Fleet Vehicles: Steininger AG, as registered keeper of DRAIV Fleet Vehicles, acknowledges and accepts this statutory keeper liability.
• (b) Third-Party Vehicles: The third-party Owner, as registered keeper, acknowledges and accepts this statutory liability when listing the Vehicle on the Platform.

5.8 Platform Liability

(a) Scope: DRAIV is liable for the proper provision of Platform services (matching, payment processing, damage-protection arrangement, keyless access) in accordance with these GTC.

(b) Limitation for Light Negligence: DRAIV's liability for damages arising from light negligence (leichte Fahrlässigkeit) is limited to the total amount paid by the Renter for the relevant Booking, up to a maximum of CHF 10'000 per event. This limitation does not apply to claims for death or personal injury (Personenschaden).

(c) Mandatory Liability: In accordance with OR Art. 100 para. 1, DRAIV's liability for wilful intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) cannot be excluded or limited. This limitation applies to DRAIV's own liability and does not affect the Owner's statutory keeper liability.

(d) Vehicle Condition:

• (i) DRAIV Fleet Vehicles: Steininger AG is responsible for the condition, safety, and roadworthiness of its own Fleet Vehicles and is liable for defects in accordance with OR Art. 256 ff.
• (ii) Third-Party Vehicles: Primary responsibility for the condition, safety, and roadworthiness of Third-Party Vehicles rests with the Owner as set out in the Vehicle Owner Terms. DRAIV does not independently inspect Third-Party Vehicles. However, DRAIV is liable for vehicle defects that it knew or, in the exercise of reasonable care, should have known about, in particular where defects have been reported by previous Renters and not addressed.
• (iii) This paragraph does not limit or exclude DRAIV's liability for personal injury caused by vehicle defects, regardless of whether the Vehicle is a DRAIV Fleet Vehicle or a Third-Party Vehicle.

(e) Keyless Access Technology: Where available, DRAIV provides software-based keyless access technology via native OEM APIs and third-party providers. No physical hardware device is installed in the Vehicle by DRAIV. DRAIV is liable for malfunctions of the keyless access software that are attributable to defects in DRAIV's own Platform software. DRAIV is not liable for access failures caused by:

• (i) the Renter's device (smartphone connectivity, battery, operating system);
• (ii) the OEM or third-party provider's API (outages, maintenance, service changes);
• (iii) third-party network or telecommunications outages;
• (iv) the Vehicle's own electronic systems or telematics hardware.

(f) Platform Availability: DRAIV does not guarantee uninterrupted availability of the Platform. DRAIV is not liable for damages arising from temporary Platform outages, except where caused by gross negligence or wilful intent.

(g) Consequential Damages: Liability for indirect, incidental, or consequential damages (including loss of profit, loss of data, or costs of substitute transport) is excluded to the extent permitted by law. This exclusion does not apply to damages caused by gross negligence or wilful intent, nor to claims for death or personal injury.

(h) Partner Network Vehicles: DRAIV's role with respect to Partner Network Vehicles is limited to helping the Renter discover available vehicles and forwarding the Renter's Enquiry to the Partner Network operator. DRAIV does not select, inspect, endorse, or guarantee any Partner Network Vehicle or operator. DRAIV is not liable for:

• (i) the condition, safety, roadworthiness, or availability of any Partner Network Vehicle;
• (ii) the accuracy or completeness of information displayed about the Vehicle (which is provided by the Partner Network operator);
• (iii) the Partner Network operator's fulfilment of the rental, including insurance coverage, payment processing, vehicle handover, or return;
• (iv) any damage, loss, or injury arising from the rental of a Partner Network Vehicle;
• (v) the Partner Network operator's response time, availability, or service quality.

The Renter acknowledges that:

• (a) any rental of a Partner Network Vehicle is governed entirely by the Partner Network operator's own terms and conditions;
• (b) DRAIV is not a party to the rental agreement between the Renter and the Partner Network operator;
• (c) the Renter should verify insurance coverage, rental terms, and cancellation policies directly with the Partner Network operator before entering into a rental agreement;
• (d) DRAIV may, at its discretion, receive a referral fee from the Partner Network operator. Whether such a fee applies is determined solely between DRAIV and the Partner Network operator and does not create any obligation or liability on DRAIV's part towards the Renter regarding the rental.

§ 6 Pricing and Payment

6.1 Price Composition

All prices displayed on the Platform are in Swiss Francs (CHF). They include Swiss Value Added Tax (VAT) at the applicable rate (currently 8.1%) to the extent the respective supplier is liable for VAT; where the vehicle is rented out by an owner who is not VAT-registered, the rental price contains no VAT. DRAIV's service fee is in any case inclusive of VAT. The total price of a Booking comprises:

• (a) the base rental price set by the Owner;
• (b) mandatory fees (roadside assistance);
• (c) optional fees (deductible reduction, cross-border travel, additional drivers);
• (d) the Service Fee (§ 6.2);
• (e) the Deposit (§ 6.3).

6.2 Service Fee

DRAIV charges a Service Fee of 10% on the sum of the base rental price and the fees listed in § 6.1(b) and (c). The Service Fee is displayed separately at checkout and covers the provision of Platform services.

DRAIV reserves the right to adjust the Service Fee. Any adjustment applies to Bookings made after the effective date of the change and has no retroactive effect on existing Bookings.

6.3 Deposit

(a) Pre-authorisation: Unless the storage of the payment method under § 6.3bis applies: Upon Booking Confirmation, a Deposit equal to the selected deductible (CHF 5'000 / 2'000 / 200, depending on the damage waiver tier chosen under § 5.2) or in the amount shown in the Vehicle listing is pre-authorised on the Renter's payment method. The Deposit is not charged unless a claim arises. As pre-authorisations are time-limited depending on the card network, DRAIV is entitled to renew the pre-authorisation for the duration of the Rental Period and the review period; the Renter is informed electronically of each renewal. If the payment method does not support pre-authorisation, § 2.2 step 3 applies (charge with subsequent refund).

(b) Review Period: After Vehicle return, the Deposit remains on hold for a standard review period of up to 14 calendar days. During this period, the Owner and DRAIV may inspect the Vehicle for damage or other claims.

(c) Automatic Release: If no damage claim or other charge is submitted within 14 calendar days of Vehicle return, the Deposit is automatically released in full.

(c-bis) Hidden Defects: In cases of hidden defects (verdeckte Mängel) that are not discoverable upon reasonable inspection at return, such as undercarriage damage, latent mechanical issues, or concealed paint damage, the review period is extended to 30 calendar days from Vehicle return. The Owner must provide evidence that the defect was not reasonably discoverable at the time of return and was caused during the Rental Period.

(d) Partial or Full Retention: If a claim is substantiated, DRAIV may retain all or part of the Deposit to cover the claim. The Renter will be notified in writing (email) with a detailed explanation of the deduction, including photographic evidence where available.

(e) Dispute: The Renter may dispute a Deposit deduction within 14 calendar days of receiving the deduction notification. Disputes must be submitted in writing to [email protected]. DRAIV will review the dispute and respond within 14 calendar days.

(f) Release and Refund: For pre-authorised Deposits, the hold is released; no charge is made. If the Deposit was charged (§ 2.2 step 3) or a partial amount was retained, the unclaimed amount is refunded to the original payment method. Please note that bank processing times may result in a delay of up to 10 business days for the refund to appear on the Renter's statement.

6.3bis Stored Payment Method (Card-on-File)

(a) No deposit. Where the storage of the payment method is shown at checkout and confirmed by the Renter, no deposit is pre-authorised or charged. At booking, only the rental price and fees are charged.

(b) Authorisation. With their explicit consent at checkout, the Renter authorises DRAIV (i.e. Steininger AG) to charge the stored payment method after the Rental Period for actual claims incurred (in particular damage, cleaning, missing fuel, excess mileage, late return, fines, and fees under § 4.3, § 4.5, § 4.6, § 5 and § 7) without re-authorisation. This authorisation also covers charges for extensions the Renter has confirmed under § 4.7; such charges are rental costs and are not subject to the cap under lit. (c).

(c) Cap. Charges under lit. (b) are capped in total at the chosen deductible (CHF 5'000 / 2'000 / 200 under § 5.2); charges for confirmed extensions under § 4.7 are excluded from this cap. Claims exceeding the deductible are governed by § 4.2 and § 5; § 5.2 (lapse or reduction of the damage waiver in cases of gross negligence/wilful intent or untrue statements) remains reserved.

(d) Review period, proof, dispute. For return items, § 6.4(1) and (3) apply. For other claims, the review period and the proof, notification, and dispute rights under § 6.3(b)-(e) apply by analogy. A charge is made only upon a substantiated claim and is notified to the Renter in writing (email) with a detailed explanation, including photographic evidence where available.

(e) Clean return. Where the Vehicle is returned without a substantiated claim, no charge and no refund is made (nothing was stored or reserved).

(f) Revocation. The Renter may revoke the authorisation at any time (for TWINT in the TWINT settings; for cards by notifying [email protected]). Revocation does not affect liability under § 4.2 and § 5 for claims already incurred; DRAIV may pursue such claims by other means.

6.4 Post-Charges

DRAIV may charge additional amounts to the Renter's payment method after the Rental Period. The following procedures apply:

(1) Return items (final settlement). The following amounts result from the return itself and are charged with the final settlement without prior notice:

• (a) missing fuel or missing charge level, including the handling fee (§ 4.5, § 7);
• (b) excess mileage (§ 4.6(b));
• (c) late return fees (§ 4.3).

They are based on the Platform documentation at pickup and return (fuel or charge level, odometer reading, time of return) and, where available, the refuelling receipt. The charge is made within 14 calendar days of Vehicle return and is communicated to the Renter electronically, itemised and together with this basis, no later than at the time of the charge. Return items not charged within this period are claimed under para. 2.

(2) Other post-charges (with prior notice). The following amounts are itemised and communicated to the Renter electronically at least 5 calendar days before the charge:

• (a) other reimbursable charges under § 7 (e.g. excessive soiling, smoking, loss of keys);
• (b) traffic fines, parking violations, or toll charges incurred during the Rental Period;
• (c) damage exceeding the Deposit, up to the applicable deductible, subject to the cases of § 4.2(d) and § 5.2 (loss or reduction of the damage waiver).

(3) Dispute and refund. The Renter may dispute any post-charge in writing to [email protected] within 14 calendar days of the notification, for return items in particular with a fuel receipt or a photo of the fuel or charge level at return. DRAIV reviews the dispute and responds within 14 calendar days, for return items within 5 business days. To the extent the dispute is justified, DRAIV refunds the amount to the charged payment method within 5 business days of its response; § 6.3(f) (bank processing times) applies by analogy.

(4) Time limits. Post-charges are only permitted within 90 calendar days of Vehicle return; for traffic fines and third-party parking and toll claims, a period of 30 calendar days from receipt of the official or third-party claim by DRAIV applies. Later claims will be pursued through the ordinary channels.

6.5 Payment Default

Upon payment default, the Renter owes:

• (a) default interest at 5% per annum pursuant to OR Art. 104;
• (b) a reminder fee of CHF 25.00 per reminder;
• (c) all reasonable debt-collection and enforcement costs.

DRAIV may share personal data of the Renter with collection agencies, attorneys, or debt-enforcement offices to the extent necessary to enforce outstanding claims.

6.6 Vehicle Recovery

If the Vehicle is not returned despite a reminder, DRAIV is entitled to locate and recover the Vehicle at the Renter's expense or to engage a third-party recovery service. In such a case, DRAIV is additionally entitled to deactivate the Renter's keyless access and to immobilise the Vehicle against being driven away once it is safely parked; the Vehicle will never be immobilised while it is being driven. DRAIV may also report the matter to the competent authorities.

6.7 No-Show

If the Renter fails to appear at the agreed time without prior cancellation, the following no-show fee applies:

(a) Amount retained: The base rental price (vehicle rental excluding add-on options) for the entire booked Rental Period.

(b) Refund: Fees for unused add-on services (e.g. cross-border option, pet option) are refunded, provided they have not already been consumed.

(c) An invalid or expired driving licence at pickup is treated as a no-show.

(d) Mitigation: DRAIV makes reasonable efforts to re-rent the Vehicle to another Renter. If the Vehicle is successfully re-rented for all or part of the original Rental Period, the no-show fee is reduced proportionally to the revenue actually obtained from the replacement rental.

6.8 Loyalty Programme

DRAIV may offer a loyalty programme with benefits (e.g., discount tiers, credits). The programme conditions in force from time to time (tiers, qualification, validity period, expiry) are set out on the Platform. Benefits are voluntary, non-transferable, have no cash value, and may be adjusted or revoked with prospective effect in the event of abuse or termination of the programme. Bookings already confirmed remain unaffected.

§ 7 Reimbursable Charges

The following fees apply in addition to the rental price and are charged to the Renter's payment method. All amounts are in CHF and include VAT.

These charges represent reasonable pre-estimated damages (Konventionalstrafen) within the meaning of OR Art. 160 ff. and are proportionate to the typical harm caused by the respective breach. The Renter's liability for actual damages exceeding these amounts remains unaffected. In accordance with OR Art. 163(3), courts may reduce contractual penalties that are manifestly excessive.

§ 8 Cancellation

8.1 Cancellation by the Renter

The Renter may cancel a Booking via the Platform free of charge up to 24 hours before the agreed start of the Rental Period. Cancellations less than 24 hours before the start of the Rental Period are not permitted.

8.2 Cancellation by the Owner

If the Owner cancels a confirmed Booking, the following penalties apply. These amounts are paid by the Owner to DRAIV as compensation for platform costs and Renter inconvenience:

The Renter receives a full refund for Owner-initiated cancellations, regardless of timing.

8.3 Replacement Vehicle and Cancellation by DRAIV

(a) Replacement vehicle (primary remedy): If the booked Vehicle becomes unavailable before or at the start of the Rental, in particular because it is reported stolen or damaged, has a technical defect, is not returned in time by a previous Renter, or is otherwise unavailable, DRAIV will, as a priority, seek to provide the Renter with a comparable replacement Vehicle. The replacement Vehicle is of at least the booked vehicle category (same or higher category, comparable equipment) and is offered at no additional cost on the same terms; the originally agreed rental price remains applicable even if the replacement Vehicle is of a higher category. The replacement Vehicle may come from the DRAIV fleet or from another Owner via the Platform; where it is provided by another Owner, the corresponding rental agreement is concluded with that Owner, and these GTC continue to apply unchanged.

(b) Acceptance or refusal: The Renter may refuse an offered replacement Vehicle if it does not meet the essential purpose of the Booking. Upon acceptance, the Rental continues with the replacement Vehicle.

(c) Cancellation and refund (fallback): If no comparable replacement Vehicle can be provided, or the Renter refuses the offered replacement Vehicle on legitimate grounds, DRAIV cancels the Booking and the Renter receives a full refund.

(d) Further grounds for cancellation: DRAIV may also cancel a Booking in other exceptional circumstances, in particular where: (i) the Renter's identity or licence cannot be verified; (ii) there are safety concerns; or (iii) a force majeure event (§ 14) occurs. In such cases, the Renter receives a full refund.

(e) Limitation of liability: DRAIV's liability for cancellation is limited to the refund of amounts already paid; no further compensation is owed unless the cancellation results from DRAIV's gross negligence or wilful intent.

§ 9 Data Protection

9.1 Privacy Policy

The collection, processing, and use of personal data in connection with the Platform is governed by DRAIV's Privacy Policy, available at draiv.ch/privacy. By using the Platform, the Renter acknowledges the Privacy Policy.

9.2 Data Collected During Rentals

In connection with each Booking and Rental, DRAIV collects and processes the following data:

• (a) personal identification data (name, address, date of birth);
• (b) driver's licence data (licence number, category, validity, issuing authority, photograph);
• (c) payment data (processed via Stripe; DRAIV does not store full card numbers);
• (d) vehicle condition data (photographs, damage reports);
• (e) vehicle access data (keyless lock/unlock events with timestamp and the location at the time of the event, to the extent it is transmitted for proximity verification when unlocking; no continuous location tracking takes place during or outside the Rental Period; access and location data are anonymised at the latest 90 days after the end of the Rental, subject to pending claims);
• (f) communication data (support messages, booking-related correspondence).

9.3 Justification for Data Processing

Under Swiss data protection law (nDSG), processing of personal data is permitted unless it violates the personality rights of the data subject. DRAIV's processing is justified on the following grounds (Art. 31 nDSG):

• (a) Contract performance: Processing necessary for the performance of the Rental Agreement and the provision of Platform services (Art. 31 para. 2 lit. a nDSG).
• (b) Overriding private interest: Fraud prevention, platform security, and claims processing (Art. 31 para. 1 nDSG).
• (c) Legal obligation: Compliance with Swiss tax, insurance, road traffic, and debt enforcement regulations.
• (d) Consent: Where required for specific processing activities, including marketing communications and analytics tracking (Art. 6 para. 6 and Art. 6 para. 7 nDSG).

For Renters subject to the EU GDPR, the legal bases under Art. 6 GDPR (contract performance, legitimate interest, legal obligation, consent) apply in addition.

9.4 Sharing with Third Parties

DRAIV may share personal data with:

• (a) the Vehicle Owner, to the extent necessary for the performance of the Rental Agreement;
• (b) insurance carriers, for the processing of insurance coverage and claims;
• (c) authorities, police, or courts, in connection with traffic offences, criminal investigations, or legal proceedings;
• (d) collection agencies or attorneys, in the event of payment default (§ 6.5);
• (e) subprocessors listed in the Subprocessor Register (available at draiv.ch/subprocessors).

9.5 Data Subject Rights

Renters may exercise their rights under the nDSG and GDPR (access, rectification, erasure, portability, objection, restriction, withdrawal of consent) by contacting [email protected]. DRAIV will respond within 30 days. Complaints may be lodged with the Swiss Federal Data Protection and Information Commissioner (FDPIC).

§ 10 Account Suspension and Termination

10.1 Renter Termination

The Renter may terminate their account at any time by contacting [email protected] or using the account settings on the Platform. Termination does not affect:

• (a) outstanding payment obligations;
• (b) active or confirmed Bookings (which remain subject to the cancellation provisions in § 8);
• (c) data retention obligations under applicable law.

10.2 Suspension or Termination by DRAIV

DRAIV may suspend or terminate a Renter's account with immediate effect if:

• (a) the Renter materially breaches, or repeatedly breaches despite a warning, these GTC or the Rental Agreement;
• (b) the Renter's driver's licence is revoked, suspended, or expired;
• (c) the Renter engages in fraudulent or abusive conduct;
• (d) the Renter poses a safety risk to Vehicles, Owners, or other users;
• (e) the Renter's payment method is invalid or payment default persists despite reminders.

DRAIV will notify the Renter of the suspension or termination and the reasons therefor, unless disclosure would compromise an ongoing investigation or violate legal obligations.

A Rental that is ongoing at the time of suspension will be duly completed or safely wound down in consultation with the Renter; confirmed future Bookings will be cancelled and unperformed services refunded, unless the suspension is attributable to conduct under (c) or (d).

10.3 Effects of Termination

Upon termination, the Renter loses access to the Platform. Personal data is retained in accordance with the data retention periods specified in the Privacy Policy and applicable law.

§ 11 Amendments to These GTC

11.1 Right to Amend

DRAIV may amend these GTC from time to time. Material changes, including changes to pricing, liability, damage protection, or the scope of Platform services, will be communicated to registered users by email at least 30 days before the effective date.

11.2 Acceptance

For material changes, the Renter will be asked to actively confirm acceptance of the amended GTC via the Platform (click-to-accept) before making a new Booking. If the Renter does not accept the amended GTC, they may terminate their account without penalty in accordance with § 10.1. Active Bookings made under the previous GTC version remain governed by those terms.

For non-material changes, continued use of the Platform after the effective date constitutes acceptance of the amended terms.

11.3 Immediate Changes

Changes required by law, court order, or regulatory authority, as well as purely editorial changes that cannot, under any reasonable view, place the Renter at a disadvantage, may take effect immediately without prior notice. Changes affecting liability, the damage waiver, fees, contractual penalties, or the Deposit are always deemed material within the meaning of § 11.1.

§ 12 Dispute Resolution

12.1 Complaint Procedure

The Renter may submit complaints regarding the Platform, a Booking, or a Rental to [email protected]. DRAIV will respond as promptly as possible.

12.2 Mediation

For disputes that cannot be resolved through the complaint procedure, either party may propose mediation before an accredited mediator in the Canton of Zug, Switzerland. Mediation costs are shared equally unless otherwise agreed.

12.3 Jurisdiction

If mediation fails or is declined, the place of jurisdiction is determined as follows:

• (a) Consumer contracts (ZPO Art. 32): For disputes arising from contracts with consumers within the meaning of ZPO Art. 32, the Renter may bring proceedings either at their own domicile or habitual residence, or at the registered seat of DRAIV (Zug). This consumer forum right cannot be waived in advance (ZPO Art. 35 para. 1 lit. a).
• (b) All other disputes: The exclusive place of jurisdiction is Zug, Switzerland.

Mandatory consumer fora under the Lugano Convention remain reserved for Renters domiciled in a contracting state.

Debt-enforcement proceedings (Betreibungen) are conducted at the Renter's legal domicile pursuant to the Swiss Debt Enforcement and Bankruptcy Act (SchKG).

§ 13 Intellectual Property

13.1 Platform Content

All content on the Platform, including text, graphics, logos, software, and the DRAIV brand, is the intellectual property of DRAIV or its licensors and is protected by Swiss and international copyright, trademark, and other intellectual property laws. No licence or right is granted to the Renter other than the right to use the Platform for its intended purpose.

13.2 User Content

By uploading content to the Platform (photographs, damage reports, reviews), the Renter grants DRAIV a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display such content for the purposes of operating and improving the Platform, processing insurance claims, and resolving disputes. This licence survives account termination.

§ 14 Force Majeure

Neither party is liable for failure or delay in performing obligations under these GTC to the extent caused by events beyond reasonable control, including but not limited to: natural disasters, epidemics, pandemics, war, terrorism, government orders, strikes, power or telecommunications failures, or cyberattacks. The affected party must notify the other party without undue delay and take reasonable steps to mitigate the impact.

If a force majeure event prevents the performance of a Booking, the Renter receives a full refund of amounts paid. No further compensation is owed.

§ 15 Final Provisions

15.1 Severability

If any provision of these GTC is found to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect. The invalid provision shall be replaced by the applicable statutory default rules (dispositives Recht). The parties agree not to rely on the invalid provision having been included in these GTC.

15.2 Entire Agreement

These GTC, together with the Privacy Policy, the Booking Confirmation, and any applicable individual agreements, constitute the entire agreement between the Renter and DRAIV regarding the use of the Platform.

15.3 No Waiver

Failure by DRAIV to enforce any provision of these GTC does not constitute a waiver of that provision or of DRAIV's right to enforce it at a later time.

15.4 Assignment

DRAIV may assign its rights and obligations under these GTC to a successor entity (e.g., in the event of a merger, acquisition, or restructuring) without the Renter's consent, provided the Renter's rights are not diminished. The Renter may not assign their rights or obligations without DRAIV's prior written consent.

15.5 Governing Law

These GTC are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the law at the Renter's habitual residence remain reserved.

15.6 Place of Jurisdiction

See § 12.3.

Steininger AG, Zug, Switzerland

Version 2026.10