TERMS AND CONDITIONS OF USE
§ 1 Subject
- TIER Mobility AG, c/o WeWork, Eichhornstraße 3, 10785 Berlin, Germany ("TIER") rents electric mopeds ("TIER e-Mopeds") via TIER’s app for Internet-capable mobile phones (the "TIER App") using a "free-floating" concept. TIER e-Mopeds are only available for rental by Customers who have duly registered via the TIER App ("Customers") and are subject to availability only within a defined area (the "Business Zone") within the Federal Republic of Germany. “Free-floating” means that the TIER e-Mopeds are available within the Business Zone, but not at fixed locations.
- These Terms and Conditions (the "Terms") apply to the use of TIER App and to the rental agreements of TIER e-Mopeds which are concluded through the TIER App.
- The Customer’s contractual partner is:
TIER Mobility AG
c/o WeWork, Atrium Tower, 7th floor Eichhornstrasse 3
represented by its managing director Lawrence Leuschner,
Registered in the Commercial Register of the Local Court of Charlottenburg under registration number HRB 198977 B,
VAT ID No.: DE 319609697
Phone: +49 30 255580230
- TIER reserves the right to make changes to these Terms to the extent necessary to adapt to changes to legal or technical conditions. Any such changes shall be notified to the Customer and shall be published on TIER’s website. Any changes shall be deemed to have been approved if the Customer does not object to them in writing within four weeks after receipt of the notification of change. When notifying the Customer of changes, TIER shall inform the Customer of his/her right to object and the legal consequences of not making any objection. In the event of the Customer's objection to the modification or amendment of the Terms, TIER is entitled to terminate the agreement with the Customer upon four weeks’ notice in writing.
- The contract language is German. When translated into other languages, the German version shall take precedence.
§ 2 Conclusion of the TIER App user agreement
- Before he/she can rent a TIER e-Moped, the Customer must register by creating a user account via the TIER App. Each Customer may only register once. Only registered Customers are entitled to use TIER’s services. There is no automatic right to be registered.
- Upon successful completion of the registration process, which, in particular, requires the Customer to provide personal data (first and last name, e-mail address, personal mobile phone number, valid payment details) and the acceptance of these Terms as part of the registration process, an agreement for the use of the TIER App is concluded between the Customer and TIER.
- The Customer may then rent a TIER e-Moped by concluding a rental agreement in accordance with the provisions of § 4 of these Terms. The conclusion of the user agreement does not by itself constitute the right to conclude an individual rental agreement, either for TIER or for the Customer.
- TIER reserves the right to refuse the registration of a Customer or the conclusion of a rental agreement if there are reasonable doubts about the Customer's compliance with these Terms.
§ 3 User account in the TIER App
- The specified holder of the bank account or credit card in the user account must match the identity of the Customer. The Customer must keep up to date his/her personal data stored in the user account. This applies in particular to his/her name, address, e-mail address, personal mobile phone number and payment data.
- The Customer may not allow any third parties to use a TIER e-Moped booked via his user account and may not pass on the login data for his user account (user name, password, PIN) to other persons. This applies equally even if the third party is also a Customer. The Customer undertakes to change his/her password and inform TIER immediately if there is a reasonable suspicion that a third party may have become aware of it.
- In order to use the TIER App, the Customer must have an Internet-capable mobile phone that meets the technical requirements of the TIER App. Each time the TIER App is downloaded, the TIER App automatically checks whether the respective Internet-capable mobile phone meets these requirements. The Customer is responsible for ensuring that mobile data communication is possible and shall bear any data transmission costs incurred by his/her mobile phone provider.
- The Customer is prohibited from reading, copying or manipulating the TIER App using information technology methods. Any breach by the Customer of this prohibition or any justified suspicion of an attempt to do so may result in the Customer being excluded from the use of the TIER App. TIER reserves the right to enforce its rights against the Customer for any such breach.
- The Customer shall immediately notify TIER of the loss or theft of the mobile phone linked to the Customer’s user account or of the possibility of any other unauthorized use of the user account by third parties. TIER will then block access to the Customer’s user account until the matter has been resolved and inform the Customer by email to avoid misuse.
§ 4 Reservation and conclusion of rental contracts
- Only TIER e-Mopeds which are marked as available in the TIER App may be used. In certain cases, due to GPS signal inaccuracies, there may be deviations between the actual location of a TIER e-Moped and the location as shown on the TIER App.
- By clicking on the "Confirm payment" button in the TIER App, a Customer who has registered and whose driving licence has been verified in the TIER App in accordance with § 9 (3) submits a binding offer to rent the TIER e-Moped which he/she has reserved. By activating the TIER e-Moped for use, TIER accepts this offer.
- The rental period begins upon the conclusion of the individual rental contract and ends when the Customer has properly returned the TIER e-Moped in accordance with § 5.
- Before the start of a journey, the Customer is obliged to notify TIER Customer Service of any defects, damage or excessive soiling which are evident to him/her and which would be likely to impair the road safety or the general functioning of the TIER e-Moped. The Customer should then refrain from using that TIER e-Moped.
- Other obvious defects, damage or contamination, such as tyre wear, damage to the mudguard, or a missing license plate should also be reported as soon as possible. The Customer is obliged to provide complete and accurate information.
- TIER is entitled to call the Customer on the mobile phone number stored in the personal data in the event of any significant disruptions to the course of use.
§ 5 Completion of rental
- If the Customer wishes to terminate the rental agreement, he/she must park the TIER e-Moped properly in accordance with § 6 and then complete the rental process in the TIER App. The rental process can only be completed in the TIER App if the TIER e-Moped is located outside an e-moped no-parking zone. An Internet connection must also be available.
- If the rental is terminated outside of the TIER Business Zone, the Customer will be charged a fee for the transportation of the TIER e-Moped back to the TIER Business Zone. The applicable fee can be viewed by the Customer in advance from TIER's list of fees (available at https://www.tier.app/fees/.)
- At the end of the rental period, the Customer is obliged:
- to park the TIER e-Moped properly in accordance with § 6;
- to fold down one of the TIER e-Moped’s stands;
- to turn the steering wheel to the left to enable the TIER e-Moped's steering wheel lock to be locked at the end of the rental period;
- to properly stow the helmet supplied by TIER under the seat of the TIER e-Moped and lock the seat;
- to leave the TIER e-Moped in the same condition as it was provided, in terms of its visual and technical features; and
- to end the rental process in the TIER App.
- Upon termination of the rental process, the Customer is obliged to make sure that the TIER e-Moped is switched off and locked.
- If the rental process cannot be terminated in the TIER App for technical reasons, despite the conditions specified in § 5 (1) being satisfied, the Customer shall immediately notify TIER’s Customer Service in order to complete the process.
- The Customer’s obligation to pay the rental price shall only end upon completion of the rental process, unless the rental process could not be completed for reasons beyond the Customer's control.
- Upon completion of the rental process, the Customer will be shown the total rental period and the total price of the rental.
§ 6 Parking
- The Customer is obliged:
- to inform himself/herself in advance via the TIER App about the boundaries of the TIER Business Zone and no-parking zones in the relevant city;
- to park the TIER e-Moped properly and in accordance with the applicable Road Traffic Regulations in order to complete the rental process;
- not to park the TIER e-Moped in a place where parking is prohibited by the local city regulations or where the way in which the TIER e-Moped is parked creates hazards or impairs road safety or third party rights or other legal interests;
- not to terminate the e-Moped rental on private or company premises (e.g. car parks, courtyards, etc.). This prohibition also applies to customer parking bays at shopping centres, supermarkets, restaurants etc., which are designated as such. The TIER e-Moped must be accessible to everyone at all times.
- In particular, the TIER e-Moped may not be parked as follows:
- across the roadway or pavement;
- in intersections or otherwise obstructing road traffic;
- against trees, traffic signs, traffic lights, parking meters, vending machines, third party fences, banks, containers or garbage containers;
- in front of or near emergency exits and fire departments; in front of entrances and exits; in no-parking areas; in access roads for public transport; on bicycle paths; on or against systems for the guidance of blind people; on pedestrian crossings; in buildings and courtyards; on or against other vehicles;
- in parks and green spaces; in places where the TIER e-Moped obstructs or conceals advertising or street furniture; in places where the functionality of a facility is impaired; in areas reserved for loading and unloading or in places reserved for other users or services; or in places where parking would restrict the space for wheelchair users and people with disabilities.
- Furthermore, TIER e-Mopeds may not be parked in areas with a daily or time-related or vehicle-related restriction on parking authorisation (e.g. stopping restrictions with additional signs such as "8-19 hrs", "Tuesdays, 6-13 hrs"). This also applies to parking bans that have already been assigned but are not yet valid at the time of parking (e.g. future temporary parking bans due to events or removals).
- The Customer is obliged in good faith to provide information to TIER on the exact return location of a TIER e-Moped if reasonably requested by TIER.
- Any violation of traffic regulations or, if applicable, prohibitions ordered by the owner of a particular area shall be the Customer’s liability.
§ 7 Payment of rental charges
- The Customer is obliged to pay the applicable rental charges. The Customer will be shown in the TIER App the unlock fee for the TIER e-Moped and the price of the rental per minute before the rental agreement is concluded. This is the total price, which includes applicable statutory value added tax. The rent is due upon termination of the rental agreement.
- If the TIER e-Moped cannot be used in accordance with the agreement, despite being designated as "free/available" in the TIER App, the Customer will not be charged for rental.
- TIER works with various payment service providers. Payments are made according to the payment method selected in the corresponding registration process. By concluding the contract, the Customer confirms that he/she is entitled to pay the specified account by direct debit. The Customer shall ensure that his means of payment are sufficiently covered. If a payment cannot be cashed due to lack of funds or for other reasons for which the Customer is responsible, TIER may invoice the Customer for such payment in the amount of the actual expenses incurred or as a lump sum according to the list of fees on TIER's website (available at: https://www.tier.app/fees/), unless the Customer proves that no or less expenses were incurred by TIER. TIER is at liberty to claim damages from the Customer in excess of the lump-sum expense allowance.
- The General Terms and Conditions for Prepaid Packages (available at www.tier.app) apply in addition to these Terms and Conditions when purchasing prepaid packages via the TIER App.
- The Customer may only set off against the claims of TIER if the Customer's counterclaim is undisputed or legally determined.
- The Customer may only assert a right of retention if his/her counterclaim is undisputed or has been legally determined.
§ 8 Assignment
TIER reserves the right to assign its claims from this contractual relationship to a third party, in particular for the purpose of debt collection. The Customer will be informed in advance of such assignment. In the event of such assignment, the Customer may only make payments to the assignee to discharge his/her debts, but TIER shall remain responsible for general customer inquiries, complaints, etc.
§ 9 Driving authorisation
- The only persons authorized to drive TIER e-Mopeds are natural persons who
- are at least 18 years old;
- have an active user account with TIER;
- hold a valid driving licence to drive mopeds;
- have successfully verified their licence in accordance with the verification process specified in § 9 (3); and
- carry the relevant licence document with them during the rental period and comply with any conditions and requirements it may contain.
- The Customer must be able to drive a TIER e-Moped safely in accordance with the applicable traffic and regulatory regulations. He/she must have experience or a minimum level of knowledge of driving motor vehicles and be familiar with the operation and safe use of motor vehicles.
- Customers must have their identity and driving licences verified by ID Now through the TIER App before entering into any rental agreement for a TIER e-Moped. Driving licences issued by countries in the EU/EEA and the United Kingdom (UK) are accepted as valid driving licences.
- Upon successful validation of the Customer’s driving license, TIER shall automatically activate access to the use of TIER e-Mopeds for the Customer. TIER will normally deactivate the Customer's access means of payment after 36 months from registration until the Customer has undertaken a further online validation process to prove the continued validity of his/her driving licence. Notwithstanding the foregoing, TIER reserves the right to ask Customers to re-validate their driving licences in the TIER App at any time. If the Customer does not comply with this request, TIER may block the Customer's access means and/or user account.
- In the event of revocation or loss of the Customer’s driving licence, the Customer’s permission to rent TIER e-Mopeds shall immediately expire for the total duration of the loss or revocation. The same applies to the total duration of a driving ban. Customers must immediately notify TIER of the revocation or restriction of their driving licence, any driving bans that are imposed or any temporary seizure or confiscation of their driving licence.
§ 10 General obligations of the Customer/prohibitions
- The Customer is obliged to treat the TIER e-Moped with care, to comply with the applicable traffic regulations and not to endanger the rights and legal interests of third parties by using the TIER e-Moped.
- The Customer is in particular obliged:
- to handle the TIER e-Moped with care and attention and use it in accordance with the following instructions:
- to comply with road traffic regulations when driving the TIER e-Moped in road traffic;
- to immediately notify TIER of any damage caused by violence, accidents or excessive soiling;
- to ensure that the TIER e-Moped Vehicle is only used in a roadworthy and safe condition, as far as it is possible and reasonable for the Customer to do so;
- to comply with all legal obligations in connection with the operation of the TIER e-Moped, in particular road traffic laws and regulations, to the extent that such obligations are not assumed by TIER on the basis of this agreement,
- if a warning light in the handlebar or cockpit display comes on, to stop immediately and contact TIER in order to ascertain whether the journey may continue;
- prior to the start of the rental, to ensure that his/her smartphone has sufficient battery capacity to be able to complete the rental;
- to note that because the TIER e-Moped does not emit any driving and operating noise due to its electric motor, it is more difficult for pedestrians and cyclists to perceive, meaning that increased attention is required from the driver;
- to use the TIER e-Moped only when wearing a suitable helmet; not to leave the TIER e-Moped unattended during the rental period; and
- to park the TIER e-Moped properly according to §6.
- The Customer is in particular prohibited
- to drive the TIER e-Moped under the influence of alcohol, drugs or medicines that could affect his/her ability to drive. There is a strict 0,0‰ ban on alcohol;
- to use the TIER e-Moped for off-road driving, motor sport events or races of any kind;
- to use the TIER e-Moped for vehicle tests, driving training or for the commercial transport of persons or for commercial transport (e.g. courier trips, pizza delivery);
- to use the TIER e-Moped in weather conditions for which the TIER e-Moped is not suitable due to its characteristics (e.g. snow and ice);
- to use the TIER e-Moped for the transport of highly flammable, toxic or otherwise dangerous substances in quantities significantly exceeding normal household quantities;
- to transport objects or substances with the TIER e-Moped which, due to their nature, size, shape or weight, could impair driving safety or damage the TIER e-Moped;
- to carry a passenger with the TIER e-Moped, if that passenger does not wear a suitable helmet;
- to carry more than one passenger as permitted by the vehicle registration;
- to permit the TIER e-Moped to be used by any person who is not authorised to drive it, as specified in § 9 (1);
- to transport babies or children or infants under 13 years of age;
- to use the TIER e-Moped for the commission of criminal offences
- to undertake trips abroad with the TIER e-Moped;
- to transport the TIER e-Moped by means of a transporter/trailer;
- to carry out any repairs or modifications to the TIER e-Moped or have them carried out by a third party;
- to make the TIER e-Moped excessively dirty, paint it or apply or remove stickers or glue; or
- to remove objects forming part of the vehicle’s equipment, including, in particular, batteries.
- The Customer is responsible for ensuring that the total weight to be transported with the TIER e-Moped, including the driver and passenger, and any items carried (e.g. rucksack, bags, helmet) are suitable for the local road conditions and the TIER e-Moped used. Under no circumstances may the total weight to be transported exceed 150 kg.
- In the interests of the environment, the general public and other customers, the Customer must ensure that the TIER e-Moped is driven in an environmentally friendly, energy-saving and proper manner.
§ 11 Action to be taken in the event of accidents
- The Customer shall immediately report accidents with a TIER e-Moped to TIER.
- After an accident, the Customer must inform the police immediately and endeavour to ensure that the accident is recorded by the police. If the police refuse to record the accident or if this is not possible for other reasons, the Customer must inform TIER immediately and coordinate the next steps with TIER. This applies regardless of whether the accident was caused by the Customer or by third parties. The Customer may only leave the scene of the accident after:
- the police report is completed (or, if a police report is not possible, TIER has been notified of the accident); and
- after consultation with TIER, measures have been taken, where appropriate, to preserve evidence and mitigate damage. The Customer is in particular prohibited
- In the event of accidents involving a TIER e-Moped driven by the Customer, the Customer may not make any admission of liability or similar statement. If, despite this prohibition, an admission of liability is made, it shall only apply directly to the Customer him- or herself. Neither the vehicle owner nor the insurer shall be bound by this admission.
- Irrespective of whether an accident was caused by the Customer or by third parties, TIER will provide the Customer with a damage report form following the notification of the accident. This form must be completed and returned to TIER within 7 days of receipt of the form by the Customer. Dispatch of the notification to TIER shall be decisive for compliance with the deadline. If the damage report form is not returned within the deadline, the accident cannot be processed and, if applicable, settled by the insurance company. If the insurance company refuses to settle solely due to the late return of the form by the Customer, TIER will assert its resulting claims against the Customer.
- The Customer is obliged to provide truthful information about the course of the accident / damage, especially about the place where the accident took place.
- In the event of an accident outside the defined Business Zone, the Customer shall bear all costs incurred in transporting the vehicle back to the Business Zone after the repair has been completed.
§ 12 Fines and sanctions
- The Customer is fully liable for all violations of the law committed by him/her during the rental period. Violations of the law include, in particular, violations of road traffic rules and regulations during the rental period (traffic regulations) and, if applicable, restrictions imposed by the property owner (property protection).
- The Customer agrees to indemnify TIER in respect of all fines, penalties, fees, costs, procedural costs and other expenses that authorities or other third parties demand from TIER due to any such violations by the Customer.
- Any costs for administrative expenses incurred in processing such claims (e.g. processing of inquiries and further correspondence for settlement) shall be charged to the Customer by way of compensation as a fixed expense allowance per case in accordance with the list of fees available on TIER's website (available at: https://www.tier.app/fees/), unless the Customer is able to prove that no, or a lesser expense was incurred by TIER. TIER reserves its rights to claim damages from the Customer in excess of the fixed expense allowance.
§ 13 Insurance
- TIER e-Mopeds are insured against third party liability in Germany. The insurance documents can be found in each TIER e-Moped directly under the seat. If the insurance documents are not located under the seat of the TIER e-moped, the Customer should contact TIER Customer Service for assistance.
- Any damage to the TIER e-Moped or the Customer's property when using the TIER e-Moped is not covered by TIER’s insurance unless such damage is a direct result of a defect in the TIER e-Moped.
- The Customer is prohibited from acknowledging or satisfying liability claims without the prior consent of TIER.
- If, as a result of any violation by the Customer of his/her obligations, the insurer is released from its obligation to cover a claim, any insurance cover shall be cancelled. In the case of a partial release, the insurance shall only cover the reduced amount. In any such case, the Customer’s liability shall not be limited to any applicable excess amount. No limitation of the Customer’ liability shall apply in the event of intentional damage; in the event of grossly negligent damage caused by the Customer, any limitation of liability on the part of the Customer shall apply only if the insurer reduces the payment to TIER in accordance with § 28 Para. 2 VVG (German Insurance Contract Act), without, however, any reduction in the amount of any applicable excess.
- If, as a result of any breach by the Customer of his/her obligations under this agreement, the insurer becomes entitled to take recourse against TIER, TIER shall be entitled to take recourse against the Customer to the same extent.
§ 14 TIER’s liability
- TIER shall bear statutory liability for damages caused by TIER, its representatives or its vicarious agents based on intent or gross negligence.
- In case of simple negligence, TIER shall be liable
- for damages resulting from injury to life, body and health; and
- for damages resulting from the violation of an essential contractual obligation, limited to the amount of the foreseeable damages typical for the agreement. Material contractual obligations are those whose fulfilment is essential for the proper execution of the agreement and on whose compliance the Customer may normally rely.
- The limitations of liability resulting from paragraph (2) also apply in favour of persons for whose fault TIER is legally responsible. They shall not apply if TIER has fraudulently concealed a defect or has assumed a guarantee or for claims arising from the Product Liability Act. TIER's liability for violations of the basic data protection regulation (DSGVO, Art. 82) shall also remain unaffected.
§ 15 Customer’s liability
- The Customer is liable to TIER for damages for which he/she is responsible. This includes, in particular, violations of § 10 or the theft, damage or loss of a TIER e-Moped for which he/she is responsible. TIER has a claim against the Customer for indemnification against justified claims of third parties, unless the Customer has insurance coverage. This shall include the costs of any legal defence that may be necessary. For the avoidance of doubt, any contributory negligence of third parties shall be taken into account.
- The Customer shall be liable for all violations of applicable traffic rules and regulations and other laws, in particular the German Penal Code, for which he/she is responsible in connection with the use of TIER e-Mopeds. He/she shall be responsible for all costs arising from such violations and shall fully indemnify TIER from any resulting third party claims. For the avoidance of doubt, if and to the extent that damage is caused as a result of a defective TIER e-Moped used correctly by the Customer in accordance with this agreement, the Customer shall not be liable.
- The Customer shall not be liable to the extent that an insurance company is liable for the damage and no recourse is taken against TIER.
- Any limitation of liability agreed between TIER and the Customer in favour of the Customer for damage to a TIER e-Moped shall not apply if the Customer causes the damage intentionally.
- As compensation for any administrative expenses incurred by TIER in processing requests from prosecuting authorities or other third parties to investigate administrative offences, criminal offences or other disturbances committed during the Customer’s rental period, TIER shall be entitled to recover from the Customer for each such request a fixed expense allowance in accordance with TIER's applicable list of fees (available at https://www.tier.app/fees/), unless the Customer is able to prove that TIER has incurred significantly lower damages or no damages at all. TIER, for its part, reserves the right to claim further damages.
§ 16 Suspension of the Customer’s account and termination of use
- TIER may temporarily block the Customer’s user account:
- if data essential for the performance of this agreement are not correctly entered in the user account;
- if the Customer is in arrears with payments of any non-negligible amount despite having received a reminder from TIER;
- in the event of other significant breaches of this agreement for which the Customer is responsible; or
- if the Customer has lost his/her mobile phone linked to the user account, if it has been stolen or if there is any other likelihood of unauthorised use of the user account by third parties.
- TIER will lift the suspension of the Customer’s user account immediately when the Customer's conduct in breach of this agreement terminates.
- TIER may exclude the Customer from use of TIER’s services if, despite prior warning, the Customer has repeatedly acted in a manner materially contrary to the terms of this agreement and is responsible for such conduct.
§ 17 Term and termination of the TIER App User Agreement
- The user agreement is concluded for an indefinite period of time and can be terminated by either of the parties to the agreement in writing upon two weeks’ notice expiring at the end of a month.
- The right of the contracting parties to extraordinary termination for good cause remains unaffected. This applies in particular if the Customer:
- is repeatedly and, despite several reminders, in arrears with the payment of a non-negligible amount of payments owed under this agreement;
- has made incorrect statements or concealed facts during registration or in the course of the contractual relationship as a result of which TIER cannot be reasonably expected to continue the agreement;
- fails to desist from material breaches of the agreement despite warning or does not immediately remedy the consequences of such breaches which have already occurred;
- has driven under the influence of alcohol or drugs;
- has passed on his/her login data for his/her TIER user account to any other person;
- has attempted to read, copy or manipulate the TIER App using information technology methods.
§ 18 Right of revocation for rental agreement
With regard to the user agreement, consumers have a right of withdrawal in accordance with the following provisions:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the agreement.
In order to exercise your right of revocation, you must inform TIER (TIER Mobility AG, Eichhornstraße 3, 10785 Berlin, Tel: 030/568 38651, e-mail: info(at)tier.app) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this agreement compared to the total amount of services provided under the agreement.
End of cancellation policy
(If you wish to cancel the agreement, please complete and return his form).
Sample revocation form
TIER Mobility AG,
Tel: 030 / 568 38651,
I/we (*) hereby revoke the agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
(only for paper notices)
(*) Delete as applicable.
§19 Data protection
- TIER collects and processes the personal data of the Customer to the extent necessary for the commercial transactions regulated by the user agreement. When processing personal data of the Customer, TIER observes the applicable legal provisions, in particular the provisions of the EU Data Protection Basic Regulation (GDPR), the BDSG and the TMG.
- With regard to the details and scope of the collection, storage and processing of the Customer's personal data, reference is made to the Data Privacy Notice available on TIER’s website (available under https://www.tier.app/de/privacy-notice/).
§ 20 Final provisions
- The law of the Federal Republic of Germany applies to contracts between the Customer and TIER.
- If the Customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, Berlin shall be the place of jurisdiction for disputes arising from and in connection with the usage agreement and/or the rental agreement. Mandatory legal jurisdictions remain unaffected.
- The Customer may only transfer claims or other rights from the above contracts to third parties with the prior written consent of TIER.
§ 21 Customer service / complaints
- The Customer may contact TIER using the following contact details by letter, telephone or e-mail in case he/she has any questions, comments, complaints or in order to make other communications:TIER Mobility AG
Tel: 030 / 568 38651
- TIER is not legally obliged to participate in any consumer dispute resolution procedure according to the Consumer Dispute Resolution Act. Voluntary participation within the meaning of § 36 (1) No. 1 VSBG is waived.
- TIER has not subjected itself to any codes of conduct.