GENERAL TERMS AND CONDITIONS FOR PREPAID PACKAGES
Last Update: 02.11.2020
1. PREPAID PACKAGES
- TIER Mobility GmbH (TIER) carries on the business of renting out electric scooters (eScooters) through its application for web-enabled mobile phones (the TIER App). The eScooters can only be rented out to customers who have registered via the TIER App.
- These Terms and Conditions (the Terms) apply to the purchase of prepaid packages for the use of TIER eScooters in the TIER App. The General Terms and Conditions applicable to the use of eScooters (the User Terms) shall also apply provided that in the event of a conflict these Terms shall take precedence.
- You may purchase various prepaid packages in the TIER App. These packages function like vouchers and enable you to buy a selected package at a discounted price (when compared to the standard per-minute fee for using eScooters) at the time of purchase and to activate the selected package immediately after purchase in order to use TIER eScooters.
- For some packages, further payments will be due in addition to the purchase price. You will be expressly informed of any payments and prices in addition to the purchase price for the prepaid package before completing your purchase of the package.
- As a consumer, you have certain legal rights in relation to your purchase of prepaid packages.
- Further details of the prepaid packages can be found in the TIER App.
2. INFORMATION ABOUT TIER AND HOW TO CONTACT US
- TIER is a company incorporated in Germany and registered at the Commercial Court of Charlottenburg under number HRB 198977 B. TIER’s registered office is c/o WeWork, Eichhornstrasse 3, 10785 Berlin, Germany and its VAT number is DE319609697.
- You can contact us by telephoning TIER’s customer service team on +971 54 799 9472 or by email to email@example.com
3. PURCHASING PREPAID PACKAGES
- Purchases of prepaid packages are made directly in the TIER App. You must register as a TIER customer in the TIER App prior to making such purchases.
- Before entering into a purchase contract you will be shown all the information entered by you in an overview and will be able to correct any errors.
- The range of prepaid packages shown in the TIER App does not represent a binding offer from TIER. By clicking “Confirm payment”, you submit a binding offer to purchase the selected package and will be required to accept these Terms.
- A binding contract for your purchase of the prepaid package is concluded when TIER accepts your order. The purchase contract for prepaid packages is concluded when your prepaid package is made available to you within the TIER App by the message “Confirmed”. Payment of the purchase price is due immediately.
- These Terms are available for viewing and downloading in their current version on the website www.tier.app. TIER will also send them to you by email upon request.
- All prices are inclusive of value added tax at the current rate. The prices published in the TIER App at the time of your order shall apply.
- You can choose from the payment methods displayed upon completion of the order process. For any refunds, TIER will always use the same means of payment used by you for the original transaction.
- TIER works together with various payment service providers. Payments are made according to the payment method selected by you in the registration process. By entering into a rental contract you confirm that you are entitled to authorize the transfer of the specified account by direct debit. You are responsible for ensuring that your selected means of payment are sufficient to cover payment of the rental fees.
- If, in relation to a particular package, further payments are due in addition to the purchase price you will be expressly informed of such payments and prices in addition to the purchase price for the prepaid package itself before you complete your purchase.
5. SET-OFF, RIGHT OF RETENTION, ASSIGNMENT
- You may set any claims which you may have against TIER against TIER’s clams against you only to the extent that such counterclaims are undisputed or have been finally and conclusively determined.
- You may only assert a right of retention if your counterclaim is undisputed or has been legally established.
- TIER reserves the right to assign its claims under its agreement with you to a third party, particularly for the purposes of debt collection. You will be notified in a timely manner about any such assignment. In the event of any such assignment you will be required to render payment to discharge your debts only to the assignee, but TIER will remain responsible under its agreement with you for general customer enquiries, complaints, etc.
6. NO TRANSFER TO OTHER USER ACCOUNTS
The prepaid packages offered by TIER are directly linked to your user account and cannot be transferred to other users.
- TIER is responsible to you for foreseeable loss and damage caused by TIER. If TIER fails to comply with these Terms, it is responsible for the loss or damage which you suffer which is a foreseeable result of that failure or of TIER failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if it was reasonably foreseeable to both parties when the contract was made.
- TIER does not exclude or limit its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by TIER’s negligence or the negligence of TIER’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights.
- Except as provided above, TIER excludes its liability to you to the extent permitted by law.
8. BLOCKING AND TERMINATION OF YOUR USER ACCOUNT
If your user account is blocked in accordance with the User Terms you will be unable to make use of the prepaid packages. If your TIER App User Agreement is terminated by TIER for cause, your use of the prepaid packages shall terminate.
9. CANCELLATION RIGHT
- As a consumer, you are entitled to a cancellation period (a Cooling-Off Period) of 14 days from the day of purchase, with or without cause. In order to cancel your prepaid package agreement, please inform TIER of your decision to exercise your cancellation right, using the contact details set out in paragraph 10 below.
You may (but are not obliged to) use the cancellation form provided at the end of these Terms. You must send your notice of cancellation before the end of the Cooling-Off Period.
- If you cancel your prepaid package agreement during the Cooling-Off Period, TIER shall, subject to paragraph 9.3, reimburse you for all payments it has received from you, immediately and no later than fourteen days from the date on which we receive your notice of cancellation. For this refund, TIER will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for this refund.
- If you have activated the prepaid package and used eScooters during the Cooling-Off Period, the amount of the refund payable by TIER shall be reduced by an amount calculated on the basis of the number of days for which you used TIER’s services as a proportion of the total term of the package.
- If you believe that TIER has charged you in error, you must contact TIER and we will investigate the charge. TIER’s refund policy does not affect your legal rights.
10. PERSONAL DATA
- TIER will collect and process personal data relating to you insofar as such data are required to perform TIER’s rights and obligations under these Terms. When processing your personal data, TIER will observe applicable law and the provisions of TIER’s Privacy Notice (available here: tier.app/privacy-policy).
- For further details and information on the scope of the collection, storage, and processing of personal data relating to you, please refer to TIER’s Privacy Notice.
11. GOVERNING LAW
Your agreement with TIER is governed by the laws of Dubai and the courts of the Dubai International Financial Centre shall have exclusive jurisdiction over any disputes arising out of or in connection with this agreement.
12. FINAL PROVISIONS
- You may not assign to any third parties your rights or obligations under these Terms without the prior consent of TIER. TIER may transfer its rights and obligations under these Terms to another company or legal person.
- If TIER does not insist immediately that you do anything which you are obliged to do under these Terms, or if TIER delays in taking steps against you in respect of any breach of these Terms by you, it will not prevent TIER from taking steps against you at a later date.
- If a court finds part of these Terms unlawful, the remainder will be unaffected. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13. CUSTOMER SERVICE AND COMPLAINTS
- If you have any questions, comments, complaints, or if you wish to contact TIER for any other reason, you may contact TIER via telephone or email using the following contact details:
+971 54 799 9472
(If you wish to cancel the agreement, please complete and return this form).
27 Kingly Street, 3rd Floor,
London W1B 5QE
Ordered on (*)/received on (*):
(*) Delete as applicable.