Test Drive Terms and Conditions 

Cadillac Test Drive Terms and Conditions Last revised 4 September 2023

 

These Cadillac Test Drive Terms and Conditions (these "Terms") govern the test drive you have booked with Cadillac Europe GmbH, a company incorporated under Swiss law, domiciled at Boulevard Lilienthal 6, 8152 Glattpark, Switzerland, registered in the commercial register of Zurich under CHE-105.935.482 (“Cadillac”), through the Cadillac test drive portal.

1. Your booking

 

a. By completing the online form and clicking “complete booking” on the Cadillac test drive portal, you agree to these Terms, consent to the use of your data as set out in the Privacy Statement, and confirm that you are above the age of 25 and have a fully valid driving license. If you have added an additional test driver to your booking, you confirm these points also on such additional test driver’s behalf.
b. Cadillac will make reasonable efforts to make a vehicle of the model and version you have chosen available for the test drive during the time slot indicated in your booking, at the location indicated in your booking. Unexpected events may affect your ability to actually take the test drive. Cadillac does not guarantee vehicle availability or that the vehicle provided for the test drive will have any specific features or extras.
c. Before starting the test drive, both you and your additional test driver, if applicable, must present your driver's license. Alternatively, you may have the option in the booking process of creating an account and uploading a photo of your license into the Cadillac portal, where you can use it when making further test drive bookings, or leasing the vehicle. The photo will be deleted no later than 12 months following your test drive.
d. Until further notice, a representative of Cadillac will accompany all test drivers during their test drives.


 

2. Use

 

a. You may operate the vehicle on public roads in Switzerland in normal driving conditions during the time slot indicated in your booking for the purpose of making a decision whether or not to buy, lease, or otherwise acquire an interest in the vehicle (test drive). You may not use the vehicle any other purpose, including auto racing, taxi rides, reliability tests, sporting events, or for commercial purposes.
b. You may not drive the vehicle off-road, on unpaved roads or in any location where there is a risk of damage to the vehicle. 
c. No pets, smoking, eating or drinking are allowed during the Cadillac vehicle test drive.
d. You may not allow any other person to drive the vehicle during your test drive besides the additional driver you have booked for and whose identity and license were verified at pick-up. 
e. You may not do anything about or in connection with the vehicle that may violate any applicable road traffic regulations or any other applicable law. You may not operate the vehicle under the influence of alcohol or other substances. 
f. You may not remove any part or accessory from the vehicle or make any other modifications to the vehicle.
g. You must obey all traffic rules. You must ensure that the vehicle is properly locked and secured when not in use. When parking, you must ensure that the Cadillac vehicle is parked in a safe place. You must follow all reasonable instructions from Cadillac's test drive officer during an accompanied test drive.
h. Unless specified otherwise, you must return the vehicle no later than the end of the time slot in the booking to the same location and in the same condition as you received it.
i. Cadillac may terminate your test drive at any time, in particular if you use the vehicle in a manner inconsistent with these Terms or put the vehicle at risk by neglecting your duty to take care of it or if Cadillac requires the vehicle for its own purposes due to any unforeseen circumstances.
j. Any trouble and damage that may be encountered while operating the vehicle shall be reported immediately to Cadillac. Repairs of any kind and inspections are subject to Cadillac’s consent and may only be carried out by an authorized Cadillac garage in coordination with Cadillac.


 

3. Traffic violations

 

a. You are liable for all violations of traffic rules up until the time at which the vehicle is returned to Cadillac.
b. In response to any written inquiries by a domestic or foreign authority due traffic violations committed in conjunction with the utilization of the vehicle, Cadillac will be authorized to disclose to third parties your name, address and license details. 
c. You are liable for any costs incurred as a result of any traffic violation committed during the period of use and until the vehicle is returned to Cadillac, including but not limited to any fines, costs of proceedings and other costs that may be incurred by Cadillac to the extent that you or your additional person personally committed the violation or fail to duly cooperate in clarifying the respective violation (i.e. naming the perpetrator/s unless a right to refuse exists).


 

4. Insurance

 

a. A vehicle liability insurance policy has been taken out for the vehicle, with a sum insured of CHF 100 million – incl. collision damage/comprehensive coverage. 
b. The vehicle comes with fully comprehensive insurance with an excess of CHF 1,000. You are therefore liable for damage to the vehicle caused by negligence during the test drive and for damage to third-party property up to the maximum deductible. In cases of gross negligence or willful misconduct, you are obliged to compensate Cadillac for any loss or other damage arising out of your test drive and your obligations under these Terms, including loss of or damage to third party property, liability for third party illness, injury or death as well as all costs, claims and damages that may result therefrom, unless these damages are borne by a third party or an insurance company. This indemnity does not apply to loss, injury, illness or death caused by Cadillac's negligence. There is no insurance in case of misappropriation of the vehicle.


 

5. Behavior in accidents

 

a. You may not issue any admission of fault in the event of damage.
b. You must immediately provide to Cadillac advance notification by telephone, followed by written notification, in the event that any persons are injured or killed or property is damaged or destroyed (liability) while the vehicle is in operation, even if you believe that the victim or his/her survivors are not entitled to any claims for damages against the vehicle's owner or driver. The same notification shall be provided if the vehicle itself or any of its parts, whether locked in the vehicle or attached to it, are damaged, destroyed or lost (comprehensive collision insurance). 
c. The written notification shall be furnished to Cadillac immediately after an accident. The damage report provided to Cadillac must contain all required information: date, time and place of the accident; copy of the driver’s license, address and insurance policy number of the other party/parties involved in the accident and the official license plate number/s of the vehicle/s involved in the accident; accident report (detailed, including drawing) as well as the names and addresses of possible witnesses; extent of damage (property damage, injury, death); information on the current location of the vehicle loaned for use. 
d. The damage report for the insurance company shall exclusively be filed by Cadillac. 


 

6. Your liability

 

a. You shall be liable to Cadillac with no limitation for any damage, accidental loss, loss, theft, confiscation or exceptional wear occurring during the period of the vehicle’s use caused by you or your additional test driver and will defend, indemnify and hold Cadillac and/or any other company of the GM Group harmless from any claims, liability and expenses arising out from the possession and/or the use of the vehicle.
b. Your liability under these Terms shall be irrespective of the legal grounds. Your liability shall be limited insofar as damages are covered by the actual insurance payout to Cadillac under §5.
c. You have the right to take out an insurance policy covering any risks for which no insurance coverage is provided under §
4.d. Incidents of loss or damage that the insurance company must cover but where the insurance company may have recourse to you or a third party based on statutory provisions shall not affect Cadillac.



7. Liability of Cadillac

 

To the maximum extent permissible Cadillac excludes any liability vis-á-vis the test driver. Liability shall be unlimited in case of willful intent or gross negligence.

 

8. Governing Law and Place of Jurisdiction

 

The substantive laws of Switzerland shall apply. City of Zurich 1 shall be the exclusive place of jurisdiction for both parties to these Test Drive Terms and Conditions, subject to appeal to the Federal Supreme Court.