- GOWAGO subscription, subject and duration
- Contract and subscription fee, billing and levies
- Vehicle acceptance
- Ownership of the vehicle
- Use and maintenance
- Agreed mileage, excess and maximum kilometres
- Replacement vehicle
- Authorisation to provide information, portability, data processing at home and abroad
- Late payment
- Early termination
- Return of the vehicle, final settlement
- Limitation of liability
- Assignment, contract transfer
- Other provisions
GOWAGO subscription, subject and duration
Within the framework of the "GOWAGO subscription", the parties agree on the private use of a vehicle selected by the customer himself/herself, which GOWAGO makes available to the customer in an overall package with further services during the subscription period in return for the monthly subscription fee (hereinafter referred to collectively as the "contract").
The subscription period begins at the time the vehicle is handed over to the customer and is fixed. The right is reserved to terminate the contract prematurely for good cause (cf. Clause 50 ff.). In the absence of written notification to the contrary by the customer at the latest 5 days before the expiry of the subscription period, this period shall be extended by a further 30 days in each case, provided the vehicle has not already been in use for more than seven years. GOWAGO shall remind the customer of the approaching termination date and the automatic renewal no later than 45 days before the expiry of the subscription period agreed at the outset.
The "GOWAGO subscription" is only available to natural persons who are capable of acting, who are resident and work in Switzerland and who have a valid driver's licence in the corresponding vehicle category.
Contract and subscription fee, billing and levies
The customer owes GOWAGO a one-time acquisition fee and a fixed fee for the services under this contract, which is to be paid monthly in advance for two months ("subscription fee"). Payment of the subscription fee must be made within the period of 14 days stated on the respective invoice. Before handing over the vehicle, the customer must pay the subscription fee for the two months following the month in which the vehicle is handed over. The subscription fee (pro rata) for the effective subscription period in the month of handover of the vehicle will be invoiced to the customer together with the subscription fee for the effective subscription period in the month of return of the vehicle as part of the final invoice.
In the event of a change of residence of the customer to another canton or an increase in insurance premiums for which the customer is responsible, GOWAGO may adjust the subscription fee. The customer will be notified in advance of any change. In the event of an increase in the subscription fee of more than 10%, the customer may reject the change and terminate the contract in writing with one month's notice to the end of a month. The previous subscription fee remains owed until the end of the contract.
The obligation to pay the subscription fee shall not be cancelled, postponed or reduced if the customer is unable to use the vehicle for whatever reason (e.g. maintenance or repair work) (for the right to a replacement vehicle, see Clause 36 ff.).
The customer may only set off undisputed or legally established counterclaims against claims of GOWAGO.
GOWAGO shall be entitled to pass on the value added tax to the customer at the respective rate. If the customer does not fulfil his/her obligations in this respect (in due time), GOWAGO shall have the right to perform in his/her place. The expenses shall be reimbursed to GOWAGO with the next subscription fee, plus 5% interest.
All charges levied or increased in connection with the contract and the vehicle, in particular the vehicle tax (traffic tax), are included in the subscription fee.
All third-party charges (e.g. postal and third-party bank charges) will be passed on to the customer. In the event of a claim against GOWAGO arising from the GOWAGO subscription, the customer is responsible for providing GOWAGO with current bank or postal account details at the latest upon (ordinary or premature) termination of the contract
The vehicle will be handed over to the customer by GOWAGO at a location designated by GOWAGO if the customer has paid the subscription fee and the subscription fee for the two months following the month in which the vehicle is handed over and any deposit. Upon payment of an additional fee, GOWAGO will hand over the vehicle at the customer's place of residence. The customer is obliged to take over the vehicle on the agreed date. The subscription period begins when the vehicle is taken over.
If the vehicle cannot be handed over to the customer or cannot be handed over on time, the customer shall not be entitled to any claims against GOWAGO, unless GOWAGO is responsible for this delay in delivery. If the customer does not accept the vehicle on the agreed date, GOWAGO is entitled to withdraw from the contract. In this case, the customer shall owe GOWAGO a lump sum compensation in the amount of the subscription fee for two months, but at least in the amount of CHF 1,500.00 (subject to further damages).
The fees for the first registration of the vehicle are included in the subscription fee.
GOWAGO and the customer shall jointly draw up a handover protocol. In this report, they shall record, if necessary, the contractual condition, the conformity with the contractual specification or defects as well as missing parts, documents (in particular warranty provisions of the manufacturer or supplier) or accessories. The handover report shall also include the mileage and the accessories supplied with the vehicle.
Ownership of the vehicle
The customer acknowledges that the vehicle remains the sole property of Migros Bank AG, Seidenstrasse 12, 8001 Zurich, for the entire subscription period and also after the end of the contract. Migros Bank AG is entitled to make its right of ownership visible by marking the vehicle and to make it known to third parties. To this end, the customer unconditionally and fully releases Migros Bank AG from banking and business secrecy in relation to such third parties, insofar as this is necessary.
The customer further acknowledges that Migros Bank AG makes the vehicle available to GOWAGO for use within the framework of a GOWAGO subscription and thus transfers it for use by the customer in accordance with this contract.
The customer is obliged to inform GOWAGO immediately in writing of any imminent or completed seizure of the vehicle, in particular by way of attachment, retention or detention, as well as any other interference by third parties with the vehicle (e.g. opening of bankruptcy proceedings, etc.) and to inform the authorities or other third parties of Migros Bank AG's ownership of the vehicle. All costs incurred by GOWAGO and Migros Bank AG in this connection shall be borne by the customer.
Use and maintenance
GOWAGO provides the customer with the vehicle for private use for the agreed subscription period. The customer is obliged to use the vehicle carefully, properly and in accordance with the manufacturer's or supplier's instructions. He/she may not use the vehicle for commercial purposes or for speed, endurance, skill or other races, for the transport of hazardous goods, for towing other vehicles or for participation in driving safety training or similar purposes.
The customer shall maintain the vehicle in a proper and functional condition. To this end, he/she shall comply with the manufacturer's instructions for use, maintenance and servicing, observe official directives (e.g. technical inspections, correct tyres) and, if necessary, make the vehicle available within a reasonable period of time to a workshop in Switzerland authorised by the manufacturer or by GOWAGO (for the assumption of costs for maintenance, see Clause 21 f., for tyres, see Clause 29 f., for the right to a replacement vehicle, see Clause 36 ff.). All damage (including any fines) caused by failure to comply with these obligations shall be borne by the customer.
The customer shall be assisted by a GOWAGO customer advisor to organise the maintenance work and the tyre change.
The costs for periodic maintenance in accordance with the manufacturer's instructions and legally prescribed technical inspections as well as the costs for the replacement of individual parts, options included in the contract (accessories), insofar as they become necessary due to the normal use of the vehicle, are included in the subscription fee.
For maintenance work and the replacement of individual parts (in particular tyres) in the amount of more than CHF 100.00 (excl. VAT), the customer must obtain the prior consent of GOWAGO from the relevant garage. GOWAGO reserves the right not to carry out work or not to replace individual parts, provided that the safety and roadworthiness of the vehicle is not impaired as a result.
The customer may not use the vehicle illegally or outside the insurance coverage. The customer is obliged to avoid any misuse or overloading of the vehicle. Only with the written consent of GOWAGO, which must be obtained at least 14 days in advance, may the vehicle remain abroad for longer than one month.
GOWAGO and Migros Bank AG have the right to inspect and check the vehicle at any time and to inspect all documents relating to the use, maintenance and any repairs of the vehicle.
The customer may temporarily entrust the vehicle to persons living in the same household as him/her, provided they have the necessary expertise, skills and authorisation to handle the vehicle. The customer shall be liable to GOWAGO for the conduct of such third parties as for his/her own.
Modifications to the vehicle may only be made with the prior express written consent of GOWAGO.
Agreed mileage, excess and maximum kilometres
The mileage (kilometres) per year agreed in the contract is included in the subscription fee. Additional kilometres will be invoiced at the agreed rate after termination of the contract as part of the final invoice.
If the vehicle reaches a mileage of 160,000 km, GOWAGO may terminate the contract prematurely and without notice (see clause 50). The customer must inform GOWAGO immediately in writing when the vehicle reaches a mileage of 160,000 km.
The customer must observe the legal regulations regarding the tyres of the vehicle and change the tyres accordingly (winter/summer tyres) or have them replaced. The customer is liable for all damage caused by failure to comply with these obligations. Tyre brand and supplier will be determined by GOWAGO.
The costs for the purchase of tyres are included in the subscription fee insofar as they are necessary due to the normal use of the vehicle, whereby a tyre service life of 30,000 km is generally assumed.
The customer is obliged to notify GOWAGO immediately in writing of any claim in connection with the vehicle, enclosing the European accident report, and to take the vehicle (if roadworthy) to the workshop to be selected by GOWAGO.
The costs of repair are included in the subscription fee to the extent of the insurance cover (cf. para. 39 ff.).
With its Assistance service, GOWAGO, in cooperation with Baloise Insurance, provides a 24-hour service where a breakdown service can be requested in the event of accidents or damage throughout Europe.
Assistance (AS1) with assumption of the costs for on-site breakdown assistance, towing of the vehicle, home or onward journey, overnight accommodation for all occupants and return transport of the vehicle after theft, breakdown or accident. The General Insurance Conditions of Baloise Insurance Ltd apply.
The costs for Assistance are included in the subscription fee.
For the duration of repair work, the customer is entitled to the provision of a replacement vehicle designated by GOWAGO in the category of the subscription vehicle. The maximum benefits per day are limited to CHF 120 and per insured event to CHF 600. The General Insurance Conditions of Baloise Insurance Ltd apply.
The contractual conditions of the respective third party providing the replacement vehicle and the corresponding separate insurance conditions shall apply to the replacement vehicle.
The costs for the replacement vehicle (rental, insurance) are included in the subscription fee.
GOWAGO takes out an insurance policy with Baloise Insurance, which covers the associated costs for the loss events described below under para. 40 ff. The General Insurance Conditions of Baloise Insurance Ltd apply.
Liability (H1) without deductible. Legal liability for personal injury and property damage caused by the insured vehicle.
Partial cover (TK1) with deductible CHF 300 (CHF 0 if repaired at a partner garage). Damage to the insured vehicle caused by fire, natural hazards, malicious damage, painting and spraying, glass breakage, marten bites, collisions with animals, theft, earthquakes or volcanic eruptions.
Replacement value indemnity (K3.5). In the case of insurance of the new value, the purchase price paid is indemnified during the first 7 years of operation, thereafter an additional indemnity is paid over and above the current value (years 8-14 current value + 15%, from year 15 current value + 10%).
Collision insurance (KK1) with deductible CHF 1000 (CHF 700 if repaired in a partner workshop). Damage caused by collision and scratching of the vehicle.
The costs for these insurances are included in the subscription fee.
Authorisation to provide information, portability, data processing at home and abroad
In the credit assessment and service provision process, GOWAGO works with partners; in this case, GOWAGO's partners may provide information about the customer under certain circumstances or to the extent permitted by law. These include:
Ø Migros Bank AG, which is a refinancial partner of GOWAGO;
Ø Credit information service providers (such as ZEK, IKO or CRIF AG);
Ø Insurance providers, other service providers (e.g. the Touring Club Schweiz if youcheck your vehicle for a later trade-in, or our partners who are responsible for vehicle maintenance).
The customer authorises GOWAGO to obtain information about the customer from public and private bodies (e.g. debt collection and tax offices, residents' registration offices, guardianship authorities, credit agencies, credit brokers, employers, health insurance companies, landlords or other suitable information and disclosure agencies) for the purpose of assessing the customer's creditworthiness and for processing and handling the GOWAG subscription. The information to be obtained includes, in particular, details of the customer's personal data, solvency and other obligations.
The customer authorises GOWAGO to inform Migros Bank AG, if necessary, about the content of this contract, the current status of the contract, and in particular about any default in payment on the part of the customer, and to use electronic communication channels for this purpose.
GOWAGO is also authorised to communicate via electronic channels (e.g. e-mail, SMS) to the user addresses explicitly provided by the customer. GOWAGO may, where the customer has consented to the disclosure of his/her data to third parties, transmit such data electronically. Electronic communication channels are generally not secured against access by unauthorised third parties and therefore entail corresponding risks, e.g. lack of confidentiality, manipulation of content and sender data, misdirection, delay, viruses, etc. GOWAGO disclaims any liability for damages in connection with electronic communication, unless GOWAGO has acted improperly.
GOWAGO may outsource business areas and services (e.g. IT, shipping and printing services, etc.) to trustworthy third parties in Switzerland and abroad within the limits of the law. In order to protect the interests of the customer, GOWAGO shall oblige these third parties to comply with confidentiality provisions within the scope of the legal possibilities. The customer acknowledges that GOWAGO may transfer all customer data in its possession, in particular personal data that it has collected from the customer or third parties in connection with the contract or has had collected by third parties, to a third party in Switzerland or abroad for the purpose of examining the conclusion and maintenance, execution and processing of the contract, including for collection purposes, provided that the third party is obligated to maintain confidentiality. In this context, the customer acknowledges that GOWAGO currently hosts customer data with a cloud service provider in the USA and uses corresponding software (currently from the company PandaDoc, among others, with headquarters in San Francisco, California, and branches in Minsk, Belarus and St. Petersburg, Florida) for the purpose of signing documents (including those that may contain bank customer data). If GOWAGO transfers personal data to a country without an adequate level of data protection, GOWAGO ensures an adequate level of protection by means of appropriate contracts (so-called standard contractual clauses) or relies on the legal exceptions, in particular consent, contract execution, the establishment, exercise or enforcement of legal claims or the protection of an overriding public interest.
The customer unconditionally and fully releases Migros Bank AG from banking and business secrecy with regard to Gowago AG for the aforementioned purposes if and to the extent necessary (or if applicable at all).
- If an invoice is not paid on time, the customer is in default without further notice of default or reminder. The first reminder is free of charge. For each further reminder, the customer shall owe GOWAGO a reminder fee in the amount of CHF 30.00. GOWAGO may instruct a collection agency in Switzerland or abroad or assign the claim.
- GOWAGO is entitled to terminate the contract prematurely without notice for good cause. The following events in particular shall be deemed "good cause":
- The customer is in arrears with the payment of the subscription fee or the payment of other claims of GOWAGO and also ignores a reminder;
- The vehicle loses its registration in Switzerland for legal or factual reasons or is seized or confiscated in criminal, administrative or civil proceedings;
- A criminal offence has been committed with the vehicle (in particular a gross violation of traffic regulations) or there is a corresponding urgent suspicion;
- Circumstances arise at the customer which could endanger or impede the enforcement of GOWAGO's rights;
- There is a threat of a significant deterioration in the customer's financial circumstances or such a deterioration has already occurred (e.g. suspension of payments, application for composition, opening of bankruptcy proceedings, attachment, etc.);
- The customer loses his/her capacity to act, is restricted in this capacity or dies;
- Insurance cover for the vehicle can no longer be taken out at premiums and conditions deemed acceptable to GOWAGO at its own discretion for reasons for which the customer is responsible, an insurance contract is postponed or the vehicle is excluded from insurance cover or the insurance cover lapses;
- The vehicle suffers a total loss;
- The customer uses the vehicle in breach of the contract, allows such use or obtains services in breach of the contract;
- The customer has made incorrect statements about his/her economic and financial circumstances when concluding the contract or has concealed facts/circumstances of which GOWAGO would not have been aware when concluding the contract;
- The customer moves his/her residence or place of work abroad;
- A criminal investigation is opened against the customer;
- In GOWAGO's assessment, repair, maintenance or other costs of a vehicle are excessive;
- The vehicle reaches a mileage of 160,000 km or the eighth year after being placed on the market.
- The customer or his/her heirs are entitled to terminate the contract prematurely without notice if one of the following circumstances occurs:
- The customer can no longer use the vehicle for health reasons (the health impairment must not be temporary);
- Longer-term, not self-inflicted unemployment, which demonstrably leads to the fact that the payment obligation from the present contract can no longer be fulfilled without the customer having to intervene in his/her subsistence level under debt collection law;
- The customer moves his/her place of residence abroad;
- The client dies or is declared missing by a court;
- The customer concludes a leasing contract with Migros Bank AG.
- In the event of premature termination, GOWAGO shall be entitled to demand the unpaid subscription fees due at the time of termination plus interest on arrears in a single payment. In all other respects, the provisions on the return of the vehicle and the final invoice (para. 53 et seq.) shall apply.
Return of the vehicle, final settlement
At the end of the subscription period or in the event of premature termination of the contract, the customer is obliged to return the vehicle to the place designated by GOWAGO in proper condition, in accordance with the agreed mileage and the age of the vehicle, and with all accessories, papers and keys. Return of the vehicle to the customer's place of residence may be agreed upon against payment of an additional fee. A right of retention of the customer is excluded. A written record of the condition of the vehicle shall be made.
If the customer does not make the vehicle available for collection in time, GOWAGO is entitled to have the vehicle collected from the respective location at the customer's expense without judicial authorisation. GOWAGO or the person authorised by it shall be entitled to enter the property or premises where the vehicle is located for this purpose. The customer shall owe GOWAGO compensation in the amount of the subscription fee pro rata for the period between the timely and the effective return date. GOWAGO reserves the right to claim further damages. The customer shall continue to comply with all contractual obligations.
After the return of the vehicle, GOWAGO shall commission an expert to provide an expert opinion on the damage that does not correspond to normal wear and tear (e.g. major dents, scratches, damage caused by advertising inscriptions, failure to carry out specified maintenance, etc.) and on the costs for their repair. The expertise of the expert commissioned by GOWAGO is binding for the parties. The costs determined for the repair of damage that does not correspond to normal wear and tear shall be charged to the customer. Likewise, any costs for the replacement of documents, keys and other accessories.
After the return of the vehicle, GOWAGO will issue the following final invoice:
- Subscription fee for the effective subscription period in the month of handover of the vehicle and in the month of return of the vehicle;
- if applicable, costs for exceeding the contractually agreed mileage at the agreed rate for additional kilometres (there is no compensation for any reduced mileage);
- if applicable, the costs of repairing damage which does not correspond to normal wear and tear;
- if applicable, costs for the replacement or re-procurement of documents, keys and other accessories.
- The client must pay the final invoice within 14 days of the invoice date.
Limitation of liability
If GOWAGO is liable for damage to the customer, irrespective of the contractual or statutory legal grounds, due to its own fault or the fault of its legal representatives or auxiliary persons, GOWAGO's liability shall be limited - to the extent permitted by law - to cases of intent and gross negligence. In cases where liability for slight negligence cannot be excluded, liability shall be limited to the extent of the damage foreseeable or typical at the time of conclusion of the contract.
GOWAGO shall not be liable for indirect damages that did not arise directly from the damaging event. GOWAGO shall be liable exclusively in the event of intent and gross negligence.
GOWAGO shall not be liable for late delivery or non-delivery, except to the extent that GOWAGO is demonstrably at fault.
Assignment, contract transfer
- While preserving the rights of the customer under this contract, GOWAGO shall be entitled to assign or transfer its rights and/or obligations and claims against the customer under the contract or the entire contractual relationship with all securities and ancillary rights in whole or in part to a third party (in particular to Migros Bank AG). GOWAGO reserves the right to transfer or reassign the contract. GOWAGO shall be entitled to make information relating to the contractual relationship available at any time to such a third party and to other parties involved, such as rating agencies and trust companies, which shall be obliged to maintain confidentiality. The customer acknowledges that GOWAGO is entitled to assign claims arising from the contractual relationship to third parties for collection purposes.
The customer shall inform GOWAGO of any change of domicile at least 14 days in advance.
Amendments and supplements to the contract must be made in writing in order to be valid. On the part of GOWAGO, a facsimile signature or electronic signature shall satisfy the written form requirement.
The contract shall be governed by Swiss substantive law. The place of jurisdiction shall be determined in accordance with the statutory provisions.