Terms and Conditions Urby App
Effective from January 1st 2019.
Welcome to the Urby app!
These Terms and Conditions apply to the use of the Urby app offered by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80809 Munich, Germany ("BMW AG").
To be able to use the Urby app, you need to register for it. After successful registration, you are able to login and use the functions of the app relevant for your trip.
By using the Urby app, you agree to these terms and conditions.
Everybody who registers for the mobility service can use the service. Enterprises can set up an enterprise profile account (an “Enterprise Account”). The Enterprise Account allows offering dedicated additional functions via the Urby app tailored to a specific user group to be determined by the holder of the Enterprise Account. Pre-condition for using all features of the app is a smartphone with an internet connection.
You can either register in the Urby app or register via a link send by email. When ordering mobility services via Urby, the user will also be subject to the terms and conditions of the single mobility service offered.
Usage of mobility services via Urby
Using and respectively ordering mobility services via Urby requires the use of an email address to register. Note that the use of certain mobility services might require additional pre-conditions. These can be found either in this document, in the terms and conditions provided by your Enterprise Account and in the terms and conditions of integrated third-party service providers. When using one of the third-party mobility services accessible via Urby, the terms and conditions of such third-party mobility service prevail these terms and conditions for the Urby app.
Mobility services offered via Urby
The Urby app supports trips from arbitrary origins and destinations. This includes for example business related trips during working hours between campus locations or to commute from home to work together. The Urby app shows all available mobility options for the trip of the user in one overview. Users can view available information about mobility services for one route. There is the option to share your active trip or to join a trip of another Urby app user. For the corporate use case, the Urby app supports dedicated corporate mobility services for their dedicated user groups by Enterprise Accounts. These are routes between fixed corporate sites (or campuses) of the company concerned in a region. As destination, you can either choose pre-defined campus locations or enter any other address. These corporate mobility services are only available if the user is located on the corporate site. The use of the Urby app is free of charge for the end-user, but third-party mobility services may be subject to remuneration. Please note that the specific terms and conditions for the usage of the Urby app in an enterprise context might differ. The following mobility services can be used via Urby:
I. TRAFFIC INFORMATION AND ROUTING
As basic service, the Urby app offers the user the best route from A to B by car. The route is based on real time traffic information. Additionally, the user can activate the routing function.
II. RIDE SHARING SERVICE
Ride-sharing is the mobility service in which Urby users voluntarily offer other Urby users their car trip to share their ride from A to B. The Urby app matches direct routes between two locations. The driver can notify other Urby users 10, 15 or 20 minutes in advance.
Passengers looking for a ride can voluntarily activate the Ride-Radar function. As soon as a driver offers the same trip, the passenger is notified. The passenger can decide to accept or ignore the offer. In case a match took place and the driver changed his/her mind, he/she can cancel the offered trip without comment and any further consequences. The ride sharing function has no obligations what so ever. The motivation should be a voluntarily social behavior. The passenger is notified about the cancelled trip.
III. CORPORATE STATION BASED RIDE HAILING SERVICE (CURRENTLY NOT AVAILABLE)
Station-based ride hailing is a mobility service where you can order a driver with a car to get from one fixed location (station) to another one. In case your Enterprise Account offers this mobility service, it can be shown as one of the travel options for you as an employee. Please note your corporate regulations regarding the usage of this mobility service.
IV. CORPORATE SHUTTLEBUS SERVICE
Companies with multiple locations in a determined area sometimes offer their employees company shuttle buses to transport them between these locations during working hours. In case your Enterprise Account includes corporate shuttle buses, such service can be shown as one of the travel options for you as an employee. Please note your corporate regulations regarding the usage of this mobility service.
V. CORPORATE CAR-SHARING SERVICE (NOT AVAILABLE YET)
The corporate car-sharing service offers Urby users the option to locate, book, lock/unlock and drive a corporate fleet car via the Urby app. This business trip is then automatically shared for other Urby users to join. No car key is needed. In case your Enterprise Account offers this service, it can be shown as one of the travel options for you as an employee. Please note your corporate regulations regarding the usage of this mobility service.
VI. CORPORATE BIKE SHARING (NOT AVAILABLE YET)
Urby users can locate, book, lock/unlock and drive a corporate bike sharing bike via the Urby app. In case your Enterprise Account offers this service, it can be shown as one of the travel options for you as an employee. Please note your corporate regulations regarding the usage of this mobility service. BMW AG remains the right to change the offered mobility services partly or totally at any time.
The Urby app also accesses third-party data for its functions. BMW AG does not review third-party data and does not guarantee its completeness or accuracy. The information displayed for mobility services within the Urby app can be based in part on estimates. The basis for these estimates can vary at any time (e.g. due to the traffic situation). The User is 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). Any use of mobility services offered by third parties are subject to contractual relationship between the service provider and user of the service. BMW AG excludes any and all liability for and in relation to the performance of the services indicated by the Urby app. In particular, BMW AG shall assume no liability for the accuracy and topicality of the data and information transmitted through the Urby app. This shall also apply for the consequences of disturbances, interruptions and functional impairments of the Urby app. The liability for the fraudulent concealment of a defect, for the assumption of a guarantee, or a procurement risk and according to the product liability law remains unaffected. Limitations on liability shall not apply in the event of cases of willful intent, gross negligence or with death, physical injury or injury to health. The app has been compiled with the greatest possible care.
Amendments to these terms and conditions
BMW AG can make reasonable amendments to these terms and conditions at all time with consequences for the future, as long as the changes are reasonable for the users. Amendments will be communicated to users in text form via e-mail or per another suitable medium with a notice period of four weeks. These amendments will be considered approved and binding if the user does not object in writing within the notice period, or if he/she continues to use Urby after the amendments has been communicated. BMW AG will include this information in the notification. User objection to an amendment must be send to BMW AG via firstname.lastname@example.org within four weeks after the announcement without further usage of Urby. BMW AG reserves the right to terminate the Urby services for users having objected to such amendments.
German law without regard to the conflicts of law principles thereof and excluding UN sales law, shall apply to any disputes arising from or in connection with the Urby app.
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