Terms and Conditions of Use for moovel and the moovel User Name
effective from 4 April 2016
moovel N.A., LLC (“moovel”, “we” or “us”) operates the moovel mobility platform for internet and app use (“moovel”). moovel offers options to display and order mobility services from the providers cooperating with moovel (“Providers”). moovel itself can also be a Provider of mobility services. moovel is not a tour operator. "User” in these terms and conditions, means you as a user of moovel. Users can only be natural persons unless they are expressly registered as a company (legal entity) with moovel. Certain uses of moovel (such as mobility service orders) are available only to registered users who have a moovel user name (“Customers”). The moovel user name can also be used by Customers to access the services of certain cooperation partners of moovel (“Cooperation Partners”).
A. Subject matter of these terms and conditions of use
These Terms and Conditions of Use apply to the use of moovel, by Users and Customers such as via the internet and apps, and the use by Customers of their moovel Account and moovel user name. When ordering services from a Provider via moovel, the contract for the provision of the services will be between the Customer and the relevant Provider and will also be subject to the terms and conditions of that Provider (a “Mobility Contract”).
B. moovel account with moovel user name and payment function
B.1 Registering a moovel Account
B.2 moovel Account and moovel User Name
B.2.1 The User is required to give full and accurate information regarding his/her e-mail address and, if necessary, other required data for his/her moovel Account (see Clause B.2.3). The provision of further data (e.g., name, address, mobile phone number) is particularly required for the booking of mobility services offered by Providers via moovel. Section B.3 also applies to the moovel payment function. moovel reserves the right to refuse to open a moovel Account for a User, particularly if there is legitimate reason to believe that the User will not comply with the terms of these Terms and Conditions of Use. B.2.2 Customers will keep their login information (moovel User Name, moovel PIN and – if such exist – a moovel Password) confidential and not provide third parties with access to moovel via their login information or otherwise allow them to use their login information. Customer will protect, by appropriate and reasonable means (e.g., by using a device PIN) his/her moovel Account against access by third parties. Customers will be held accountable for any use of moovel by means of their login information as well as any other use of their login information. B.2.3 Customers must keep their moovel Account data up to date at all times. This includes, but is not limited to, their name, address, e-mail address, mobile phone number and, if the moovel payment function is used, payment information. B.2.4 Cooperation Partners may permit Customers to use their moovel User Name in conjunction with offers and services. By logging into his/her moovel Account or entering his/her moovel User Name to access and use the offers and services of a Co-operation Partner, the Customer agrees that moovel may share with the Co-operation Partner other information about the Customer that moovel holds at that time in order to compare the details held in relation to that Customer by each of moovel and the Co-operation Partner. At the same time, the Customer agrees that the information held in his/her moovel Account can be transferred to the Cooperation Partner if this is required by the Co-Operation partner in conjunction with the offers and services of this partner. B.2.5 A moovel Account also offers the option to display current or former mobility services that were ordered, invoiced or paid via moovel. B.2.6 moovel has the right to terminate the contract with the Customer and/or suspend the Customer's moovel Account and moovel User Name in whole or in part a) if the Customer has entered incorrect information; or b) if communication via contact information in the Customer's moovel Account was unsuccessful (e.g., e-mail address or mobile number is outdated); or c) if the Customer breaches these Terms and Conditions of Use or other terms and conditions of Mobility Contracts between Customer and Provider, unless the breach is minor, or was due to reasons outside the Customer's control; or d) if there is legitimate reason to believe that the Customer will not comply with these Terms and Conditions of Use; or e) in accordance with applicable laws. B.2.7 A Customer can cancel his/her moovel Account at any time on written notice to moovel via e-mail to email@example.com. (Due to a change in legislation effective to 10/1/16, a termination by a customer in text form is always valid) moovel can cancel the moovel Account at any time by giving two written weeks' notice to the Customer. Termination of a moovel Account will not affect any existing Mobility Services Agreements or previous use of the moovel User Name or their performance. Termination of a Mobility Services Agreement will be subject to the terms and conditions of the relevant Mobility Agreement. The right to terminate without notice for cause remains unaffected. B.2.8 Some Providers will require the Customer to verify that they hold a valid driver's licence, identity and/or address (“Validation”) in order to allow that Customer to book the Provider’s mobility services. To meet this requirement, moovel may offer the Customer a Validation service in exchange for the payment of a fee pursuant to moovel's current fee schedule. Customers are free to make use of this Validation or to refrain from ordering such services via moovel. moovel will in each case determine the method of Validation.The Validation may be offered online by means of distance communication or offline by manual comparison of data. It may be carried out either by moovel or by third parties acting on behalf of the moovel. In the event of a Validation, the Customer shall provide the requested data fully and accurately and update them in the event of changes. In addition, the Customer must present official documents (identity card, driver's license). Successful Validation will be noted in the Customer's moovel Account. moovel may request that the Validation will be repeated or updated at a later date. moovel also reserves the right to refrain from forwarding the Customer's reservation requests for a vehicle to relevant Providers if it has legitimate reason to believe that the Customer will not comply with the terms of the Mobility Services Agreement.
B.3 moovel payment function
B.3.1 The moovel payment function may only be used by Users of legal age of majority. To use the moovel payment function, the Customer must register his/her moovel User Name for the payment system and enter his/her payment information (e.g. bank account or credit/debit card details) as requested in the relevant section of the moovel Account. The Customer must provide complete and accurate payment information and immediately update such information in the event of changes. moovel may reject payment methods entered by the Customer. Mobility services via moovel or services from Cooperation Partners of moovel can be paid for only with certain payment methods. B.3.2 In order to use the payment function of moovel for a reservation request or other use of his/her moovel User Name, the Customer must authorize payment. This can be done by entering the moovel PIN or – to the extent this function is offered by moovel – by other instruments being equally appropriate, such as a fingerprint. By doing so, the Customer agrees to the use of his/her payment information for the recipient to collect payment (see also D.1.3) for this moovel User Name application. moovel reserves the right to make a successful credit check a precondition for using the moovel payment function. B.3.3 The Customer can deactivate the moovel payment function by deleting his/her payment information (e.g. bank details or credit/debit card details) from his/her moovel Account. moovel may block the Customer’s access to the moovel payment function for due cause, in particular in the event of discrepancies (such as delayed or missed payments) or a negative credit check. If the Customer's moovel Account (B.2.6) is blocked, the payment function will also be blocked. This will not affect any payments authorized with the Customer's moovel PIN prior to the account being blocked by moovel. B.3.4 moovel may require a Customer to pay a fee in the event of discrepancies in the use of the moovel payment function. Fees charged for such discrepancies are listed in moovel's current fee schedule.
C. Information about mobility services on moovel and orders via moovel
C.1 Information about mobility services on moovel
C.1.1 Users and Customers can view available information about mobility services for certain routes (“from A to B”) via moovel. moovel primarily accesses third-party data for this function. moovel does not review third-party data and does not guarantee its completeness or accuracy. The information displayed for mobility services within moovel, including the costs (such as taxi fares) can be based in part on estimates. The basis for these estimates can vary at any time (e.g. due to the traffic situation). C.1.2 The User and the Customer are responsible for reviewing and assessing the accuracy of the data shown to determine the extent to which he/she agrees with the estimates provided and whether the results are suitable for his/her purposes (for instance, transfer times or baggage transport). C.1.3 Customers have access to other functions (such as saving preferred connections).
C.2 Ordering mobility services on moovel
C.2.1 Ordering mobility services from Providers via moovel requires the use of the moovel User Name (B.1) and payment via the moovel payment function (B.3) or directly to the Provider. Providers can also permit Customers to reserve mobility services via moovel with the moovel User Name. The terms set out in the relevant Mobility Services Agreement relating to Customer orders will apply accordingly. If a reservation is free of charge for the Customer, the payment provisions set out in these Terms and Conditions of Use will not apply (i.e. the Customer will not need to register for the moovel payment function to reserve such mobility services). C.2.2 Depending on the respective offer by moovel, Customers can select which services they wish to order from the Provider via moovel. Orders are binding and carry a fee (“Reservation Request”). A Reservation Request is an offer by the Customer to enter into a contract for the desired mobility service with the relevant Provider (“Mobility Services Agreement”). moovel is authorised by the Customer but is not obliged to forward a Reservation Request from the Customer to relevant Providers. The terms and conditions of the Provider apply to reservations for a mobility service C.2.3 The Customer's payment is made at the time of reservation using the moovel payment function (B.3). It is not possible to use the moovel payment function for some Providers. In this case, the Customer must make a direct payment to the Provider by re-entering his/her payment information and agreeing to the payment and terms of payment. C.2.4 moovel may forward the Provider's response to a Reservation Request to the Customer but moovel is not obliged to do so. A Mobility Services Agreement will take effect between the Customer and the Provider if the Provider accepts the Customer's Reservation Request. moovel is not a party to a Mobility Services Agreement unless it is the Provider of the mobility service. The terms and conditions of the Provider apply to performance of a mobility service. C.2.5 moovel may forward information sent by the Provider to moovel for using a mobility service (e.g. ticket data) upon receipt to the Customer but moovel is not obliged to do so.
D. Joint provisions
D.1.1 The use of moovel and the use of the moovel User Name is generally free of charge to the User and Customer. The User and Customer are responsible for his/her costs of communicating with moovel and of using the moovel User Name. The Customer will pay fees for additional services agreed with moovel (such as Validation, B.2.8) according to the current fee schedule. D.1.2 The fees to be paid by the Customer for mobility services are based on the relevant Mobility Services Agreement with the Provider. Services agreed with a Cooperation Partner using the moovel User Name are subject to the Co-operation Partner's terms and conditions. moovel can also generate invoices for payment on behalf of Providers or Cooperation Partners and send them to Customers, including as consolidated invoices for multiple services. D.1.3 Providers and Cooperation Partners can assign claims for payment to moovel, which then must be paid to moovel. If claims must be paid by the Customer in currency other than the Customer's national currency (“Foreign Currency Claim”), moovel can request payment in the Customer's national currency and then convert the Foreign Currency Claim using the current exchange rate. moovel can charge the Customer the conversion fee for this as set out in the current fee schedule. The current fee schedule of moovel applies to the conversion fee and fees of moovel for discrepancies in payment collections. D.1.4 The Customer's contact person for mobility services and payment is the relevant Provider as party to the relevant Mobility Services Agreement. The Customer's contact person for services agreed with a Cooperation Partner is the Cooperation Partner. The Customer can request a refund only from the relevant contact person; the contact person can also handle a refund via moovel.
D.2 Obligations of the Customer
D.2.1 The Customer is responsible for meeting all requirements for the use of mobility services or services agreed with the Cooperation Partner under the applicable terms and regulations (such as driver's licence required for vehicle rental, identification papers, etc.). D.2.2 The Customer will indemnify moovel from third-party claims based on its use of moovel and the use of his/her moovel User Name, unless moovel was at fault for these claims. D.2.3 moovel can assist Providers or Cooperation Partners on their behalf in regard to their services. This is without prejudice to the Customer's obligations under a Mobility Services Agreement and the Mobility Services Agreement itself, as well as Customer agreements with a Cooperation Partner and the Customer's obligations under such agreements.
D.3 Availability and guarantee
D.3.1 Customers have no entitlement to availability, quality, service characteristics or technical support for moovel or the moovel User Name. moovel reserves the right to restructure, limit or terminate moovel and the moovel User Name at any time as it chooses. This is without prejudice to existing Mobility Services Agreement and agreements between Customers and Cooperation Partners, as well as their performance. D.3.2 moovel assumes no guarantee for the accuracy or completeness of data provided by third parties (such as other Providers). D.3.3 moovel assumes no guarantee for mobility services unless it is the Provider of the mobility services itself. The Customer's contact person for questions and claims related to a Mobility Services Agreement and its performance is always the Provider. The contact person regarding services agreed with Cooperation Partners is always the Cooperation Partner. D.3.4 To the extent that moovel owes no duties to the Customer to perform specific activities under these Terms and Conditions, moovel assumes no warranty as to the performance of such activities.
D.4 Limitation of liability
D.4.1 As prescribed by law, moovel will be liable for damage caused due to intent or gross negligence by moovel or its vicarious agents. D.4.2 In cases of minor negligence, moovel will be liable only for breaches of material contractual duties and only for foreseeable, typical damage. Material contractual duties are those that necessarily have to be fulfilled for the contract to be properly performed and upon the fulfillment of which Users must be able to rely. In cases of minor negligence, moovel will not be liable for the accuracy of data (e.g. pertaining to mobility services) provided by third parties (such as other Providers). The provisions of this Section 4.2 also apply to legal representatives and vicarious agents of moovel. D.4.3 Limitations of liability do not apply to any guarantees provided, for culpable injury to life, limb or health, or to claims under the Germany Product Liability Act (Produkthaftungsgesetz).
D.5 Amendments to these Terms and Conditions of Use
moovel can make reasonable amendments to these Terms and Conditions of Use, including to reflect modified content of moovel. Amendments will be communicated to Customers in text form via e-mail and to other (non-registered) Users by publication on moovel with a notice period of at least six weeks. These amendments will be considered approved if the Customer does not object in writing within the notice period, or if he/she continues to use moovel after the notice period. moovel will include this information in the notification. If a Customer objects to an amendment of the Terms and Conditions of Use, this will be considered termination of his/her moovel Account without notice (see B.2.7).
D.6 Data Privacy Consents
D.7 Other provisions
D.7.1 Parts or content of moovel cannot be re-used or systematically extracted without the express written consent of moovel.
D.7.2 These Terms and Conditions of Use represent the full agreement between moovel and the User for the subject of the agreement. There are no subsidiary agreements. Amendments and addenda to this agreement must be made in writing to be effective, unless otherwise expressly stipulated in these Terms and Conditions of Use. Text form is not equivalent to the written form.
D.7.3 If one or more provisions of these Terms and Conditions of Use are or become invalid, this will not affect the validity of the remaining provisions. The parties will close any loopholes according to the Parties' assumed intent.
D.7.4 These Terms and Conditions of Use and their performance are governed by the laws of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods will not apply. The contracting language shall be the language that is used for the registration process.
D.7.5 If the User is a merchant, a legal entity under public law, or does not have a general domestic legal venue, the courts of Stuttgart (Germany) will have sole jurisdiction over disputes arising from and in relation to these Terms and Conditions of Use. This is without prejudice to legally mandated judicial venues.
D.7.6 For Italian Users the following shall apply: If the User is identified as a “consumer” according to the Italian Legislative Decree 206/2005 (Italian Consumer Code),
(i) the mandatory provisions of the Italian applicable law and jurisdiction shall apply;
(ii) the courts of residence or domicile of the consumer will have jurisdiction over disputes arising from and in relation to these Terms and Conditions of Use;
(iii) the contracting language shall be Italian.
As a general rule, User qualifies as an Italian User with respect to (i) if User has his/her residence in Italy, and with respect to (ii) and (iii) if User has his/her residence or domicile in Italy when using moovel via the internet and apps or using the moovel Account and moovel user name.
Fee Schedule of moovel:
|Fee||Customer resident in EUR countries||Customer resident in GBP countries|
|Validation fee||14,99 €||19,- £|
|Penalty fees for return debit notes*||2,50 €||2,50 £|
|Fee for dunning*||2,50 €||2,50 £|
*These costs are incurred, if the customers of moovel are liable to pay damages for discrepancies in the use of the moovel payment function. The customers retain the right to prove that a lower or no damage has occurred.
moovel North America LLC.
209 NW 4th Ave #200 Portland, OR 97209 United States of America
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