GENERAL TERMS AND CONDITIONS
Last Update: 02.11.2020
- 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 are the terms and conditions (the Terms) on which TIER provides its services to you. They govern the use of the TIER App and the eScooter rental contracts entered into using the TIER App (the TIER Services).
- Please read these terms carefully. They tell you how TIER will provide its services to you, how to enter into or end the contract, what to do if there is any problem and other important information.
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. These Terms
- These Terms govern the use of the TIER App and the eScooter rental contracts entered into using the TIER App.
- These Terms incorporate the special terms which may apply depending on the city in which the TIER Services are provided, since each city has its own specific local conditions (the Special Terms). The Special Terms will be attached as an Appendix to these Terms.
- TIER reserves the right to amend these Terms to the extent necessary as required by law or by technological changes. TIER will inform you by email of any such changes. Any changes will be considered approved unless you have objected to them in writing within six weeks of being notified of them by TIER. You will be notified of your right to object to changes at the same time that you are notified about the changes.
4. Your agreement for use of the TIER App
- In order to be able to rent a TIER eScooter, you must first register as a TIER customer by creating a user account in the TIER App. Each customer may register only once. Only customers who have properly registered may then use the TIER Services. You have no automatic right to registration.
- When the registration process – during which you will be asked to accept these Terms and to provide, in particular, your full name, email address, personal mobile phone number and valid payment details – has been completed successfully, you will have entered into a contract with TIER for the use of the TIER App (User Agreement). A copy of the User Agreement will be sent to you by email.
- After that, you may rent eScooters by concluding individual rental contracts in accordance with these Terms. Please note that the User Agreement itself will not give rise to any right, neither for TIER, nor for you, to enter into an eScooter rental contract.
- TIER is entitled to refuse to enter into a User Agreement or any individual rental contract if it reasonably believes that individual will not comply with these Terms.
5. User account
- You must be the named holder of the bank account or credit card whose details you provide to TIER. You are obliged to keep up to date the personal data which you provide during the registration process. This applies in particular to your email address, personal mobile phone number and payment details.
- You may not permit any third parties to use a TIER eScooter which you have booked via your user account and may not provide your login details for use by other persons. You must, without delay: (a) change your password if there is reason to believe that any other person has become aware of it; and (b) notify TIER of this fact.
- In order to use the TIER App, you must have a web-enabled mobile phone that meets the technical requirements of the TIER App. Whenever the TIER App is downloaded, the user’s mobile phone will automatically be checked as to whether it meets those requirements. You are responsible for ensuring that mobile data communications are possible and you shall bear any charges made by your mobile service provider in respect of any data transmission.
- You are prohibited from reading out, copying or manipulating the TIER App via information technology methods. If you are found to have breached or attempted to breach this prohibition TIER is entitled to withdraw your access to the TIER App with immediate effect without prejudice to any other rights and remedies it may have by law.
- You must inform TIER without delay of any loss or theft of the mobile phone associated with your user account or of any other circumstances which make it likely that your user account may be used by third parties. In order to prevent misuse, TIER will then disable access until the matter has been resolved and will inform you via email of the fact that access has been disabled.
6. Reserving an eScooter and starting a ride
- The rental of eScoooters is subject to availability. The eScooters are available only within a defined territory in a particular area (the Business Territory)
- You may only rent eScooters which are designated as available in the TIER App. You should note that occasionally an inaccurate GPS signal may cause deviations between the actual location of an eScooter and the location shown in the TIER App.
- A specific TIER eScooter can be reserved free of charge for a maximum of ten minutes before the start of the ride.
- By clicking “Start Ride” in the TIER App, you will make a binding offer to rent the eScooter you have reserved. TIER accepts this offer by releasing the eScooter for your use, creating a rental contract for that ride.
- The rental period shall start when the individual rental agreement is made and shall end when you end your ride in accordance with paragraph 7, or once the maximum rental period of 60 minutes has expired.
- You must notify TIER without undue delay of any defects or damage to the eScooter of which you become aware prior to commencing your ride. You must not use a particular eScooter if any such defects or damage appear obvioulsy likely to impair traffic safety or the general functionality of the eScooter.
- Similarly, you must notify TIER as soon as reasonably possible of any other obvious defects or damage, such as worn tyres or damage to the mudguard.
- TIER may call you on the mobile phone number registered in your user account if it detects any significant disruptions in your use of an eScooter.
7. Ending a ride
- When you want to end your ride you must park the eScooter properly in accordance with paragraph 8 and then follow the procedure in the TIER App to terminate the rental.
- You must inform yourself via the TIER App of the boundaries of the Business Territory and the zones in which parking eScooters is prohibited. If you end your rental outside a Business Territory you are responsible for the costs of transporting the eScooter back to within the Business Territory.
- You may terminate the rental via the TIER App only if the eScooter is located within the applicable Business Territory and outside any zone in which parking eScooters is prohibited. Note that you cannot terminate a ride without an internet connection so you may need to move the eScooter to a different location where an internet connection can be established.
- If you fail to end the rental via the TIER App after parking the eScooter, the rental transaction will automatically be terminated, unless the eScooter is subsequently moved or used, after 60 minutes have lapsed.
- If you are unable for technical reasons to terminate the rental transaction using the TIER App you must notify TIER of this fact without undue delay in order to coordinate further procedures for the termination of the rental with TIER.
- Your obligation to pay the rental charge will end only when the rental transaction is terminated, unless it was impossible for you to terminate it for reasons beyond your control.
- When the rental transaction is terminated, the total rental period and the total rental charge for that ride will be displayed to you. You will also receive an invoice, which will be sent to the email address provided in your TIER user account.
8. Parking an eScooter
- 8.1 eScooters must be properly parked in public areas where the parking of eScooters is not prohibited by local rules or regulations.
- 8.2 You must not park eScooters in a way which endangers traffic safety or the rights or legal interests of third parties.
- 8.3 You must park the eScooter using the kickstand with which the eScooter is equipped.
- 8.4 In particular, eScooters may not be parked:
- (a) at a right angle to the roadway, at a right angle to the sidewalk, near intersections or in a manner otherwise causing impediments to road traffic; or
- (b) at trees, traffic signs, traffic lights, parking meters, vending machines, fences of third parties, benches, containers, waste bins, in front of or in the vicinity of emergency exits and fire department buildings, in front of entrances or exits, in zones in which no stopping is permitted, in access roads leading to public transportation hubs, on bicycle paths, at orientation aids for the blind, on pedestrian crossings, inside buildings, in interior courtyards of buildings, at other vehicles, in parks and green spaces, in places where the eScooter would conceal advertisements or street furniture or where the functioning of an installation would be impaired, in areas reserved for loading and unloading purposes or in places reserved for other users or services, or in areas where parking the TIER eScooter would impede space required by wheelchair users and people with disabilities.
- 8.5 eScooters must be parked in publicly accessible areas and not in places that are difficult to access, including, in particular (unless they are clearly designated as TIER parking spots):
(a) private premises or company grounds;
(b) interior courtyards;
(c) parking garages;
(d) customer parking bays, in particular in front of shopping centres, supermarkets, restaurants, and bars;
(e) parking bays of universities and other public facilities; or
(f) interior spaces.
- Furthermore, eScooters may not be parked in areas which are subject to parking restrictions for certain days or times of day or for specific vehicles. This also applies to parking prohibitions that have already been notified by the local authorities but have not yet come into force (for example, temporary parking prohibitions applying at a future point in time due to events or house movers affecting the site in question.
- You are obliged to provide information in good faith, if requested by TIER, about the exact location at which you parked an eScooter.
9. Payment of the rental fee
- You are obliged to pay the rental fee for your use of an eScooter. Prior to your entering into a rental contract, the TIER App will display the unlock fee for unlocking the eScooter as well the price per minute for using it (inclusive of applicable value added tax). The total rental fee is payable when you end the rental contract.
- You will not be charged for the rental fee if for reasons beyond your control you were unable to use an eScooter despite it being designated as available in the TIER App.
- You will be charged for your use of eScooters either on a per minute basis (fractions of minutes being charged as full minutes) or on the terms of a pre-paid package. For the purchase of prepaid packages, the Terms and Conditions for Prepaid Packages (available at tier.app/tcs-prepaid-packages-uae) shall apply in addition to these Terms.
- 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 a payment cannot be made due to lack of funds or for other reasons for which you are responsible, TIER may charge you a fee for its actual expenses incurred unless you can show that TIER did not incur any expenses or incurred less. This is without prejudice to any other legal rights and remedies available to TIER.
- 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.
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.
11. Permission to drive
- You are only permitted to ride eScooters if you:
(a) are at least 18 years of age (if using the TIER Services in Abu Dhabi) or at least 14 years of age (if using the TIER Services in Dubai); and
(b) have an active user account with TIER.
- You must be able to drive an eScooter without endangering pedestrian or vehicular traffic and in accordance with applicable traffic rules and public-order regulations. You must have experience or minimum basic skills in driving a motorized vehicle and must be familiar with the operation and safe use of motor vehicles.
12. Your obligations
- 12.1 You must treat eScooters with due care and consideration, observe the applicable traffic regulations, and not endanger any third-party rights or legal interests through your use of eScooters. You acknowledge that you may be responsible for any injury or damage caused to other persons and property as a result of your use of eScooters.
- You must, in particular:
(a) observe the maximum load limit of 100 kg;
(b) wear a helmet if the Special Terms require this in accordance with the applicable public health or traffic regulations;
(c) observe any applicable instructions or recommendations relating to COVID-19 as issued from time to time by the World Health Organisation and the local authorities;
(d) not leave the TIER eScooter unattended during the rental period;
(e) report any defects or damages, particularly if caused by force or by an accident, to TIER without undue delay upon becoming aware of them;
(f) ensure, to the extent that you are reasonably able to do so, that the eScooter is used only in a condition that is safe to operate and safe for pedestrian and vehicular traffic;
(g) observe the applicable road traffic regulations while driving an eScooter;
(h) immediately stop the eScooter whenever a warning light appears or an error signal is indicated on the display located near the steering handles and contact TIER to find out whether the ride can safely be continued;
(i) park the eScooter properly in accordance with paragraph 8; and
(j) pay any applicable fee for returning the eScooter to the Business Territory if you leave the eScooter outside the Business Territory.
- You may not:
(a) ride an eScooter under the influence of alcohol or drugs or medications that could impair your ability to drive (a strict ban on alcohol applies – 0.0‰ blood alcohol reading);
(b) use an eScooter for off-road driving, motor-sporting events or races of any kind;
(c) use an eScooter for vehicle trials, for driver training, for the commercial transport of passengers or for any other commercial purposes (e.g. courier trips, food deliveries);
(d) use an eScooter to transport easily flammable, toxic or otherwise hazardous materials, insofar as their volume exceeds normal household quantities;
(e) use an eScooter to transport objects or materials which, by virtue of their characteristics, dimensions, form or weight, could endanger riding safety or damage the eScooter;
(f) ride an eScooter together with one or more other persons;
(g) use an eScooter to commit criminal offences;
(h) arbitrarily carry out repairs or conversions of any kind on an eScooter or have a third party do so; or
(i) use any mobile devices while driving an eScooter (including the use of electronic devices for listening to music as well as phone calls and other services that distract the user or prevent safe handling of the eScooter).
- Out of respect for the environment, the general public, and your fellow TIER customers, you shall endeavour to drive in a manner that is orderly, ecologically friendly and not wasteful of electricity.
13. What to do in the case of accidents
- You must report any accidents involving an eScooter to TIER without undue delay.
- Following an accident, you must notify the police without undue delay and ensure that the police officially record the accident. If the police refuse to record the accident or if this is impossible for some other reason, then you should notify TIER of this fact without undue delay and coordinate with TIER on how to proceed. This applies regardless of whether you caused the accident yourself or whether it was caused by a third party. You may not leave the site of the accident until:
(a) the police have completed recording the accident (or, where the police cannot record the accident, until you have notified TIER and complied with TIER’s reasonable instructions); and
(b) any measures to secure evidence or mitigate damage that have been arranged with TIER have been duly implemented.
- In case of an accident involving an eScooter driven by you, you must not assume liability or make any comparable admission. If you assume or admit liability despite this prohibition, then it will apply exclusively against you and neither TIER nor its insurers will be bound by such admission or assumption.
- Regardless of whether you yourself caused the accident or whether it was caused by a third party, TIER will provide you with a form on which to report any injury and/or damage. This form must be fully completed and returned to TIER within seven days of being received by you, the time of the form’s dispatch to TIER being conclusive in terms of meeting this deadline. If the damage notification form is not sent back to TIER prior to the deadline, this may mean that the insurer will not process – and possibly not settle – the accident claim. If the insurer refuses to settle the accident claim solely because you missed the deadline for returning it, then TIER will assert against you any claims made against TIER as a result.
- You are obliged to provide truthful information about an accident, particularly where it occurred.
14. GPS (Global Positioning System)
- The eScooters are equipped with GPS systems that enable TIER to determine the exact location of the eScooter at any time.
- The purpose of the eScooter detection device is to become aware of, recognize and prevent any criminal offenses and to analyze the performance of the eScooter.
- The electronic devices and systems of TIER are also used to monitor the status, operation and movement of the eScooters.
- The information gathered with these systems can be used during and after the completion of any service, with the sole purpose to enable the execution, control and compliance of the service and to analyze its performance.
- TIER eScooters are covered by third party liability insurance in the United Arab Emirates.
- You are prohibited from acknowledging or settling any damage covered by third party liability insurance without obtaining TIER’s prior consent.
16. TIER’s liability
- 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.
- TIER is not liable for business losses. TIER’s eScooters are provided only for private use. If you use TIER’s services for any commercial or business purpose TIER will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Your liability
- You will be liable to TIER for any damages for which you are responsible. This particularly includes any theft, damage or loss of a TIER eScooter for which you are responsible. TIER is entitled to be indemnifies by you in respect of any legitimate third-party claims (including legal costs) insofar as you are not covered by your own personal insurance.
- You are liable for all violations of road traffic regulations, public order regulations and other statutory provisions for which you are responsible in connection with your use of an eScooter. You are liable for any resulting penalties, fees and costs and must indemnify TIER in respect of any resulting third-party claims. For the avoidance of doubt, you will not be liable if and to the extent that any such penalties, fees, costs or claims result from your use in accordance with these Terms of an eScooter which is defective.
- TIER reserves the right to identify you to the authorities or the public administration in the event of any breach of traffic regulations during your rental of an eScooter (for example, for traffic offences and prohibited parking).
- TIER may reclaim from you the costs of any infringements committed by you, such as fines, penalties and legal expenses paid by TIER. Such payments shall be made via the payment methods configured in the user account. TIER shall also be entitled to charge the fees set out in Appendix 1 (as amended from time to time).
- Failure to pay any amounts owed by you in accordance with paragraph 17.4 may result in the immediate termination of your contractual relationship with TIER. In addition to these charges, TIER reserves the right to take any measures to legally assert further claims for damage and losses incurred.
- You will not be liable to the extent that an insurer compensates the damage and no recourse is taken against TIER.
- No limitation of liability agreed between TIER and you in respect of damages to an eScooter will apply if you willfully caused the damage.
18. Temporary disabling of access to user accounts and exclusion from use
- TIER may temporarily disable your access to your user account if:
(a) data essential to contractual performance have been incorrectly provided in the user account;
(b) you default on payments exceeding any negligible amount, despite having received notice of such default;
(c) other significant contractual breaches occur for which you are responsible; or
(d) you lose the personal mobile phone that is associated with your user account, or if it is stolen from you, or it otherwise becomes possible for third parties to make unauthorized use of your user account.
- TIER will unblock your user account without undue delay once the reason for the suspension has been resolved.
- TIER may prevent your further use of eScooters if you repeatedly breach these Terms and if you have failed to react to a warning letter before TIER takes such action.
19. Term and termination of the User Agreement
- The User Agreement is concluded for an indefinite period and may be terminated by either party to the agreement in writing upon giving a notice period of two weeks prior to the end of any calendar month.
- Either party may terminate for cause with immediate effect. TIER shall be entitled to terminate the User Agreement with immediate effect if:
(a) you repeatedly default in making payments owed to TIER, despite having been notified by TIER of such defaults;
(b) you provide incorrect information or conceal factual circumstances during the registration process or in the course of your contractual relationship with TIER such that it would be unreasonable to expect TIER to continue the contractual relationship;
(c) despite having been sent a warning letter before action, you fail to desist from serious breaches of these Terms, or fail within a reasonably time to correct any existing consequences of such breaches;
(d) you drive an eScooter under the influence of alcohol or drugs;
(e) you disclose your login data for your TIER user account to another person; or
(f) you attempt to read out, copy or manipulate the TIER App.
20. 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 the Use Agreement. When processing your personal data, TIER will observe the applicable statutory provisions, particularly those of the EU General Data Protection Regulation (GDPR).
- 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 available here: tier.app/privacy-policy
21. Governing law
The User Agreement and individual rental contracts are 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 those agreements.
22. Final provisions
- You may not assign to any third parties your rights or obligations under the User Agreement without the prior consent of TIER. TIER may transfer its rights and obligations under the User Agreement 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.
- The User Agreement is made between you and TIER. No other person shall have any rights to enforce any of its terms.
23. 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 us via telephone or email using the following contact details:
Telephone: +971 54 799 9472
Dubai Special Terms
Fee to unlock the eScooter: AED 3
Fee per minute: AED 1
For driving without a confirmed or valid rental contract or for transferring the access data to another user: 1000 AED
For loss or all repair fees incurred due to the fault of the user: expenses incurred depending on the amount billed
For additional costs incurred due to the fault of the user (e.g. towing / picking up the vehicle etc.): arising expenses depending on the amount billed
For parking a eScooter at not publicly accessible locations: 200 AED
For moving an illegally parked eScooter: 100 AED (excluding VAT)
For picking up an eScooter outside the Business Territory: 250 AED (excluding VAT)