GENERAL TERMS AND CONDITIONS FOR PREPAID PACKAGES
§ 1 SUBJECT
- TIER Mobility Ireland Limited, having its registered office at c/o 10 Earlsfort Terrace, Dublin 2, Ireland D02 T380 ("TIER") rents out electric scooters ("TIER eScooters") and electric bikes ("TIER eBikes") using its application for Internet-enabled mobile phones (hereinafter referred to as "TIER App") using a so-called "free-floating" concept. Rental shall only be made to customers duly registered in the TIER App ("Customer"), only in the event of existing availability and only within a defined area ("Business Area") and only in Ireland. “Free-floating” means that the TIER eScooters and/or TIER eBikes are available within the Business Area but not at fixed locations.
- These General Terms and Conditions for Prepaid Packages ("Terms and Conditions") apply to the purchase of so-called prepaid packages for the use of TIER eScooters and TIER eBikes (together, "TIER Vehicles") in the TIER App. These Terms and Conditions are attached to and form an integral part of the General Terms and Conditions applicable to the use of the respective TIER Vehicle. In the event of any conflict between these Terms and Conditions and the General Terms and Conditions applicable to the respective TIER Vehicle selected, in respect to prepaid packages, these Terms and Conditions shall prevail.
- The Customer may purchase various prepaid packages in the TIER App. These function in the same way as vouchers and result in the Customer receiving a selected package at a discounted price (in relation to a regular ride using a TIER Vehicle) at the time of purchase and being able to use the purchased services of the selected package from the time of purchase (activation immediately after purchase) when using a TIER Vehicle in the TIER App.
- Prepaid packages may be available in the form of passes allowing a Customer to profit for a fixed period of time, from a fixed number of rides and/or unlimited rides and/or fixed discounts and other advantages in rides (“Passes”), and in the form of subscriptions subject to an automated renewal (“Subscriptions”).
- The price as well as important details and restrictions relating to the prepaid packages, including, but not limited to (i) which TIER Vehicles the selected prepaid package can be used, (ii) the duration of the prepaid package (the “Contractual Period”), (iii) limitations on the maximum number of rides and/or maximum duration of rides and, (iv) limitations on the times and/or days in which the prepaid package can be used, will be communicated to the Customer prior to the purchase of the prepaid package. If the Customer exceeds the limitations on the maximum number of trips and/or maximum duration of trips applicable to the prepaid package, the Customer will be charged at the standard rate specified in the TIER App.
- For some prepaid packages, further payments are due in addition to the purchase price. The Customer will be expressly informed of any payments and prices in addition to the purchase price for the prepaid package before the prepaid package is purchased.
- The use of a prepaid package may be limited to the Business Area and/or country in which it was bought (the “Zone”).
- Further details regarding the subject matter of the contract can be found in the individual description of the prepaid package in the TIER App.
- TIER reserves the right to discontinue offering and/or terminate and/or to modify the terms and conditions of a prepaid package. If the Customer has purchased a Pass, the Pass will remain valid under the then current conditions until the end of the Contractual Period. Customers having purchased a Subscription, will be provided fourteen (14) days prior written notice by email or via the App before such changes take effect. These changes will take effect in the Customer’s next billing period. The Customer will be entitled to cancel the Subscription, should the Customer not wish to continue with the modified Terms and Conditions.
§ 2 BUYING PREPAID PACKAGES
- Contracts to purchase prepaid packages are made directly in the TIER App. Registration in the TIER App is mandatory for any such purchase.
- The sale of prepaid packages may be limited to certain Business Areas as shown on the TIER App.
- By purchasing a prepaid package, the Customer agrees to these Terms and Conditions, as well as to any other specific terms informed while concluding the purchase contract for a prepaid package.
- The Customer will be informed of the automated renewal of the Subscription prior to the purchase. These Subscriptions will be automatically renewed for the same length of time and will remain valid, unless terminated in accordance with Section 8 thereof.
- Before submitting an offer for a prepaid package, the Customer will be shown all information entered in an overview for control purposes. In order to correct any errors, the Customer can return to the input mask and make changes using the symbolic button.
- The range of prepaid packages presented in the TIER App does not represent a binding offer from TIER to the Customer. By clicking on the button "Confirm payment", the Customer submits a binding offer to purchase the services in the shopping cart. During the ordering process, the Customer also agrees to the validity of these Terms and Conditions.
- A binding contract for the purchase of the prepaid package included in your order is concluded when your order is accepted. The purchase contract for prepaid packages is concluded when the respective prepaid package is made available for viewing within the TIER App by the message "Confirmed".
- The purchase price is due immediately.
- These Terms and Conditions and any further applicable Terms and Conditions for the usage of the TIER vehicles are available for viewing and downloading in their current version on the website www.tier.app. TIER will also send these to the Customer in text form upon request.
§ 3 PAYMENT
- All prices are in euro, the currency of Ireland, and include the statutory value added tax at the current rate. The prices published in the TIER App at the time of the order shall apply.
- The Customer can choose from the payment methods displayed upon completion of the order process. For any refunds, TIER always uses the same means of payment that the Customer used for the original transaction.
- TIER works together with various payment service providers. Payments are made according to the payment method selected. Upon conclusion of the contract, the Customer confirms that it is entitled to dispose of the specified account by direct debit. The Customer must ensure that its 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 via this link, 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.
- Additional fees may be incurred depending on the type of package selected by the Customer. The Customer will be informed before the purchase of the prepaid package.
- If the Customer purchases a Subscription, the Subscription will automatically renew at the beginning of each billing period applicable to the Subscription. By purchasing a Subscription, the Customer authorizes TIER to automatically charge the recurrent fee of the Subscription on the payment method used for the purchase of the Subscription or another payment method available in the App selected by the Customer.
- If the Customer does not wish to renew the Subscription, it may cancel it at any time in accordance with Section 8 hereof. Fees charged under this clause are non-refundable.
- The Customer shall have the legal right to use the payment method provided and to authorize transactions. If TIER suspects that the information provided by the Customer regarding the payment method is inaccurate or fraudulent, TIER may block the Customer’s account upon notice, being the Customer unable to use all or part of TIER’s services until this issue is clarified at the satisfaction of TIER.
§4 SET-OFF, RIGHT OF RETENTION, ASSIGNMENT
- The Customer may set off any claims which the Customer may have against TIER, only to the extent that such counterclaims are undisputed or have been finally and conclusively determined.
- The Customer may only assert a right of retention if the Customer’s counterclaim is undisputed or has been legally established.
- TIER reserves the right to assign its claims from this contractual relationship to a third party, in particular for the purpose of collection. The Customer will be informed in due time about such assignment. In this case, the Customer may only make payments to the assignee with debt-discharging effect, whereby TIER remains responsible for general customer inquiries, complaints, etc.
§ 5 NO TRANSFER TO OTHER USER ACCOUNTS AND MISUSE
- The prepaid packages cannot be passed on to other user accounts, as the prepaid packages are directly linked to the customer's user account. Customers are prohibited from providing third parties with the login details of their user account (user name, password, PIN code), even if such third parties are Customers themselves.
- The Customer shall not misuse and/or make an abusive use of the prepaid packages, or commit fraud against TIER.
- The Customer shall use the prepaid packages within the limits of the Zone, if applicable
- The Customer is responsible for putting in place his/her own insurance cover (whether required by law or not) to cover any risks for personal injury or damage to person or property and Tier expressly disclaim any responsibility to do so.
§ 6 LIABILITY
- The parties shall be liable to each other in accordance with the general statutory provisions if the other party asserts any claim for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents.
- Insofar as TIER is charged with the negligent violation of a primary contractual obligation, the fulfilment of which is essential for the proper execution of the contract, the violation of which endangers the achievement of the purpose of the contract and on the fulfilment of which the Customer can regularly rely, the liability for damages of TIER is limited to the foreseeable, typically occurring damage.
- Liability for injury to life, body or health remains unaffected.
- The liability of TIER for breaches of data privacy laws also remains unaffected.
- Otherwise, TIER's liability towards the Customer is excluded.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE VEHICLE AND/OR SERVICES ARE PROVIDED TO THE END USER ON AN "AS IS" BASIS AND TIER MAKES NO WARRANTIES, REPRESENTATIONS, CONDITIONS, EITHER EXPRESS OR IMPLIED, ABOUT THE VEHICLES OR SERVICES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY OR SAFETY, AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THESE TERMS.
§ 7 TEMPORARY BLOCKING OF THE USER ACCOUNT AND EXCLUSION OF USE
- TIER may temporarily block the user account
- if data essential for the performance of the contract are not correctly entered in the user account;
- If TIER suspects that any information provided by the Customer is inaccurate or fraudulent;
- if the Customer is in arrears with payments of a not inconsiderable amount despite prior reminder;
- in the event of other significant breaches of these Terms and Conditions for which the Customer is responsible;
- if the Customer has lost his mobile phone linked to the user account, if it has been stolen from the Customer or if there is any other possibility of unauthorized use of the user account by third parties;
- If TIER has reasonable grounds to believe that the Customer has committed a material breach of these Terms and Conditions, particularly but not limited to Section 5 thereof.
- TIER will lift the blockage of the Customer’s account once the Customer's behavior in breach of the contract has been resolved.
- In times of temporary or permanent blocking of the Customer's account, use of the prepaid packages is excluded. If the TIER App User Agreement is terminated by TIER, the use of the prepaid packages is excluded. The Customer may not derive any rights against TIER from this - due to its previous breach of contract.
§ 8 TERMINATION
- Passes will be terminated either on (i) the use of the maximum rides allowed, or (ii) at the end of its Contractual Term, whichever occurs first.
- If the Customer has purchased a Subscription, the Customer can cancel its renewal up to twenty-four (24) hours before the next scheduled payment. The Customer will be able to continue using the prepaid packages services until the end of the then current billing period.
- If the Customer has purchased a Subscription, TIER is entitled to terminate the Subscription by providing the Customer fourteen (14) days prior written notice via email and/or the APP.
- TIER may cancel the prepaid package upon reasonable notice, in case of material breach of these Terms and Conditions, in particular of Section 3 paragraph 7 and Section 5 thereof, unless the Customer is able to refute the termination's statement of grounds.
- TIER may exclude the Customer from use, if the Customer has acted in a manner contrary to these Terms and Conditions and have failed to react to the notification sent by TIER to remedy the breach of these Terms and Conditions.
§ 9 RIGHT OF CANCELLATION
- You have the right to cancel a prepaid package within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day of the conclusion of the purchase contract.
- To exercise the right to cancel, you must inform us using the contact details in §13 below of your decision to cancel by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
§ 10 EFFECT OF CANCELLATION
- As the prepaid package services starts immediately after its purchase is confirmed, you accept that, in case of exercising your right of cancellation, you will be entitled to a pro rata refund taking into account the services already provided up to the notice of cancellation.
- If you serve notice of cancellation, TIER will refund you no later than 14 days from the date on which we receive notice of your revocation. 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.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
TIER Mobility Ireland Limited, c/o
10 Earlsfort Terrace,
Dublin 2, Ireland D02 T380
Tel: +35 312238645
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
(*) Delete as applicable.
§ 11 DATA PROTECTION
- TIER collects and processes the personal data of the customer necessary for the business transaction. When processing personal data of the Customer, TIER observes the applicable legal provisions, in particular the provisions of the basic data protection regulation.
- 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 protection declaration provided on the TIER Internet portal.
§ 12 FINAL PROVISIONS
- Contracts between the customer and TIER shall be governed by Irish law.
- The Customer may only transfer claims or other rights from the above contracts to third parties with the prior written consent of TIER.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, that provision shall be struck out of these Terms and Conditions, and the remaining Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
§ 13 CUSTOMER SERVICE / COMPLAINTS
The customer can contact the following contact details by letter, telephone or e-mail in case of questions, comments, complaints or to make other statements:
TIER Mobility Ireland Limited, c/o 10 Earlsfort Terrace, Dublin 2, Ireland, D02 T380