Terms of Service

1. What MotoShare is (and isn't)

MotoShare is an online marketplace that lets motorcycle owners ("Owners") list their motorcycles for short-term rental and lets riders ("Riders") request and pay for those rentals.

MotoShare is a technology platform only. We are not a party to the rental contract. The rental contract is entered into directly between the Owner and the Rider. MotoShare does not own, operate, maintain, insure, or inspect any motorcycles listed on the Platform.

By using the Platform, you ("you" or the "User") agree to these Terms of Service. If you do not agree, do not use the Platform.

2. Eligibility

To create an account and use the Platform, you must:

• Be at least 18 years old.
• Have legal capacity to enter into a binding contract under Swiss law.
• Provide accurate, current, and complete information about yourself.

Additional requirements apply to Riders before they can book a motorcycle (Section 4).

3. Your account

You are responsible for keeping your login credentials confidential and for all activity under your account. You must notify us immediately of any unauthorised access or suspected breach. MotoShare may suspend or terminate your account at any time if we reasonably believe you have breached these Terms or Swiss law.

4. Licence and eligibility to rent

Before booking a motorcycle, the Rider must hold a valid Swiss or equivalent EU/EEA driver's licence for the correct category of motorcycle (category A, A1, or other as applicable under Swiss road traffic law, SVG/VRV).

Riders are solely responsible for ensuring their licence is valid and covers the specific motorcycle being rented. Renting a motorcycle you are not licensed to operate is a criminal offence under Swiss law and will result in account termination.

MotoShare may, but is not required to, request copies of licences or ID documents from Users as part of account verification. The absence of a verification step does not reduce a Rider's legal obligation to hold a valid licence.

5. Insurance and liability

Owners are responsiblefor ensuring their motorcycle carries valid Swiss third-party liability insurance ("Motorfahrzeug-Haftpflichtversicherung") as required by Article 63 of the Swiss Road Traffic Act (SVG). Owners are responsible for confirming with their insurer whether private peer-to-peer rental is covered under their existing policy, and for obtaining additional coverage where required.

Riders accept all risk associated with operating the rented motorcycle. In the event of accident, damage, or injury, the Rider is liable for:

• Any amount not covered by the Owner's insurance (including the policy deductible).
• Damage caused by the Rider's negligence or breach of these Terms.
• Any fines, penalties, or administrative fees incurred during the rental.

MotoShare's aggregate liability to any User for any claim arising out of or relating to the Platform is limited to the service fees MotoShare received from that User in the 12 months preceding the claim, except where liability cannot be limited under mandatory Swiss law (e.g. intent or gross negligence).

6. Booking, payment, and deposit

Booking requests are submitted through the Platform and become binding once the Owner approves the request and the Rider completes payment via our payment processor (Stripe). Prices shown on listings are in Swiss Francs (CHF) and are set by each Owner.

MotoShare charges a service fee of 10% of the rental price, deducted from the amount payable to the Owner. The Owner receives the remainder after the rental begins, subject to Stripe payout schedules and any applicable holds.

Owners may set an optional security deposit. Where a deposit is set, the Rider authorises the Owner (through the Platform) to claim all or part of the deposit to cover damage or outstanding fees at the end of the rental, subject to the dispute process in Section 9.

7. Cancellation and refunds

A detailed breakdown of cancellation rules is available in our Cancellation Policy. In summary:

• A Rider may cancel a booking request before the Owner approves it at no cost.
• Once the Owner approves and the Rider has paid, cancellations made more than 48 hours before the rental start time receive a full refund minus payment processing fees.
• Cancellations between 48 and 24 hours before the rental start time receive a 50% refund.
• Cancellations less than 24 hours before the rental start time, or no-shows, are not refunded.
• If an Owner cancels a confirmed and paid booking, the Rider receives a full refund and MotoShare may limit the Owner's future use of the Platform.

8. Rider obligations

While using a rented motorcycle, the Rider agrees to:

• Comply with all Swiss road traffic laws (SVG/VRV) and wear a DOT/ECE-approved helmet.
• Not drive under the influence of alcohol, drugs, or medication that impairs driving ability.
• Not use the motorcycle for racing, stunts, off-road riding (unless agreed in writing), or any illegal activity.
• Not transport passengers beyond the motorcycle's licensed capacity.
• Not sub-let, lend, or transfer the motorcycle to anyone else.
• Not take the motorcycle outside Switzerland without prior written consent from the Owner.
• Return the motorcycle on time, at the agreed location, in the condition received, with the agreed fuel level.

9. Disputes between Users

Disputes about damage, deposits, or rental conduct are between the Owner and the Rider. MotoShare may, at its discretion, mediate disputes in good faith but is not obliged to do so and is not a party to the outcome. MotoShare's decisions on deposit releases or refunds from the Platform are made on the balance of evidence provided by both parties and are not a legal determination of liability.

Users remain free to pursue claims through the Swiss courts regardless of any Platform mediation.

10. Owner obligations

• List only motorcycles you own or have the legal right to rent.
• Ensure the motorcycle is roadworthy, has a valid MFK (Motorfahrzeugkontrolle) where applicable, and carries valid third-party liability insurance.
• Accurately describe the motorcycle's condition, specifications, and any restrictions.
• Provide the motorcycle at the agreed location and time, with the agreed fuel level.
• Report any issues honestly and promptly through the Platform.
• Comply with Swiss tax obligations on rental income.

11. Prohibited content and conduct

Users may not post misleading listings, harass other Users, attempt to bypass the Platform's payment system, reverse-engineer the Platform, or use it for any purpose prohibited by Swiss law. Violations may result in immediate account termination.

12. Intellectual property

The Platform, including its code, design, logos, and content, is owned by MotoShare and protected by copyright, trademark, and other laws. Users retain ownership of content they upload (photos, listing text, reviews) but grant MotoShare a worldwide, royalty-free licence to use, display, and distribute that content for the operation and promotion of the Platform.

13. Privacy

Your use of the Platform is also governed by our Privacy Policy.

14. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you by email or an in-Platform notice at least 14 days before the change takes effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

15. Governing law and jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Zürich, Switzerland, subject to any mandatory consumer-protection rules that grant a consumer the right to bring a claim in their place of residence.

16. Contact

Questions about these Terms: legal@motoshare.io.