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Terms and Conditions

Effective from July 14, 2021

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.

1. User Group


Everybody who registers for the mobility service can use the service. Enterprises can set up an enterprise account. An 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.  In order to display these additional functions, your personal data is compared with the enterprise’s master data in order to be able to offer mobility services according to set permissions (e.g., use of company shuttle buses or pool car fleet). Pre-condition for using all features of the app is a smartphone with an internet connection.

2. Registration



End users can register in the Urby app. When ordering mobility services via Urby, the user will also be subject to the terms and conditions of the single mobility service offered.

3. 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 of the mobility service.

4. Mobility services offered via Urby


The Urby App clearly presents available mobility services to users for a journey request from A to B and offers a booking function for some services. A and B can either be freely entered by the user or selected from company-specific locations. In addition, it is possible to use the current location using the positioning function of the mobile device. The use of the Urby App is free of charge for the end user, but third-party mobility services can be charged. Among others, Urby supports the following mobility services. Availability depends on location, time, and user group.

I. TRAFFIC INFORMATION AND ROUTING

As basic service, the Urby app provides real-time traffic information. Additionally, the user can hand the destination over to a native map or navigation app on his/her device.

II. CAR POOLING SERVICE

If enabled by the enterprise, users are able to share their car rides via the app with members of the same enterprise.

III. CORPORATE SHUTTLE BUS SERVICE

If provided by the enterprise, the app shows users the next departure times for proprietary busses and, if available, provides further details to the user, i.e., transfers and route map.

IV. ON-DEMAND TRANSPORT SERVICES

If provided by the enterprise, the user can request demand-responsive transport services operated by the enterprise or 3rd parties. The estimated pickup-up time is dependent on the utilization and the traffic situation.

V. CORPORATE VEHICLE FLEET AND CAR-SHARING SERVICES

If provided by the enterprise, the user can book and use shared fleet vehicles via Urby. Also, if enabled by the enterprise, users can book car-sharing vehicles operated by 3rd parties.

VI. BIKES AND SCOOTERS

If provided by the enterprise, users can book traditional or electric bikes and unlock respectively lock them via the app.


VII. PUBLIC TRANSPORT

If enabled by the enterprise, the user is shown information about public transport.


VIII. FUELING, LOADING, PARKING

If provided by the enterprise, authorized users can find fuelling stations, charging stations, and parking lots and make transactions via the app.


IX. CAMPAIGNS FOR THE USE OF SUSTAINABLE MOBILITY SERVICES, URBY LEAFS

Users can choose to participate in climate protection actions/campaigns created by the respective company and collect points in the form of URBY LEAFS when they use resource-saving mobility services via the app. The company determines the maximum number of URBY LEAFS to be achieved for the respective mobility service. In addition, a daily limit set by the company applies. The URBY LEAFS collected by each user will be contributed to achieve a virtual collective target set by the Company. Once the goal has been reached or the respective campaign period has expired, the URBY LEAFS will expire. The current number of URBY LEAFS collected and the achievement of the goal can be viewed in the app during the term of a campaign. URBY LEAFS are not transferable to third parties. There is no entitlement to payment of the URBY LEAFS.

5. Liability



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 (e.g., inaccuracy of location information). 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 wilful intent, gross negligence or with death, physical injury, or injury to health. The app has been compiled with the greatest possible care.

6. 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 contact@urby.mobi 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.

7. Miscellaneous



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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