General Terms and Conditions - allride

Version valid from 13 June 2023

Scope of Application, Acceptance of the General Terms and Conditions

AMAG Corporate Services AG, Alte Steinhauserstrasse 12, 6330 Cham, Switzerland (hereinafter referred to as ‘we,’ ‘us’ or ‘AMAG’) offers a multimodal mobility platform via the allride app (hereinafter referred to as the ‘app’) in the sense of a Mobility-as-a-Service (MaaS) service through which users of the app (hereinafter referred to as the ‘user,’ ‘you’ or ‘your’) can access various means of transport and services.

These Terms and Conditions, together with the Privacy Policy and any other additional terms and information provided to you directly in or in connection with the App or the Transport Services (collectively, the "Terms"), govern your use of the App and the related services provided by us (collectively, the "Services"). Your contractual conditions do not apply.

We are entitled to amend or change the Terms at any time. The terms and conditions applicable at the time of use of the app or services, which must be confirmed by the user, shall apply. We will inform you of changes to the terms and conditions in a manner we deem appropriate, e.g. by email, by confirmation when using the app or by sending a push notification via the app. The amended terms and conditions shall enter into force immediately.

By registering in the app and each time you use the app or services, you agree to the applicable terms and conditions (including any amendments in accordance with section 1.3). Please read the applicable conditions carefully. If you do not or no longer agree with the Terms, you are not authorised to use the App or the Services.

Creating, Deleting and Blocking a Profile

To use the app and the services, you must be at least 18 years old and have legal capacity. To use the services, you must register in the app and create a personal profile. In connection with the creation of the profile, you will be required to enter the requested personal information (e.g. name, e-mail address, home address, date of birth, telephone number) and other information (such as credit card information) and may be asked to present, upload or otherwise provide your ID and/or driving licence.

The information entered will then be checked as quickly as possible and, if the outcome is positive, your profile will be activated. You are obliged to provide truthful and complete information when creating your profile and when using the services and to keep this information up to date at all times, in particular with regard to your driving licence and credit card information. By entering information and/or data in the app or services, you confirm that you are authorised to use the information and/or data.

If you no longer wish to use the services, you can have your profile deleted at any time, provided that there is no active booking for a mobility service and no payments are outstanding. You can request deletion via the app or by sending a deletion request to AMAG sup customer service at port@allride.swiss. With the deletion of the profile, all your future bookings of mobility services are automatically cancelled, whereby a cancellation fee may be due and charged to you in accordance with the applicable list of fees. AMAG reserves the right to continue to store data within the legally required time limits. After deleting your profile, you will no longer have access to our services.

AMAG reserves the right to restrict, block, cancel, suspend and/or revoke your access to the App, your profile and your ability to use the services offered by AMAG, temporarily or permanently, in whole or in part, at any time and for any reason, at its sole discretion. In such a case, you will no longer be entitled to use our services. AMAG may delete your profile, including all data that you have transmitted to or via the app or the services, at any time at its own discretion.

Use of the Services

You are granted a limited, non-exclusive, non-transferable and non-sublicensable, personal and revocable right to use the App and the services offered by us. You have no further rights to or in relation to the App and the Services. You may not give your profile and access to the app to others for their use.

The app gives you access to our services and possibly also mobility services offered by us or by third-party providers. Insofar as mobility services are offered by third-party providers, you acknowledge that AMAG's service is limited to the mediation or establishment of contact between you and the third-party provider and that a contract for the mobility service in question is only concluded between you and the third-party provider. You further acknowledge that AMAG has no control over the products, content or services of third party providers and that these services of third party providers are not services of AMAG. AMAG is therefore in no way responsible or liable for mobility services and/or other services provided by third parties.

The use of mobility services may be subject to separate additional general terms and conditions of business, transport or contract that apply specifically to the mobility service in question. Before using a mobility service, you must read the general terms and conditions, transport terms and conditions or contractual terms and conditions applicable to the mobility service in question. These can be viewed via the app. Before using a mobility service, you may be expressly requested to accept the business, transport or contractual terms and conditions applicable to the mobility service in question. In each case, by booking a mobility service, you agree to the terms and conditions of business, transport or contract applicable to the mobility service in question. It is your responsibility to regularly check the General Terms and Conditions of Business, Transport or Contract applicable to the mobility service in question before using the mobility service. By booking a mobility service via the app, you simultaneously authorise AMAG to take all actions on your behalf that are necessary or expedient to carry out and complete your booking of the mobility service.

Fees

We do not charge any fees for creating a profile for the use of the services or the use of the app. Certain services, functions of the app and services from third-party providers may be subject to a fee. If fees are charged for this, they will be displayed in the app. The mobility services available in the app are generally subject to a fee. The fees applicable to the respective mobility service are displayed in the app.

When using the app or the services, data is transmitted via the network of your network operator. The fees shown in the app do not cover data transmission or other services that may be charged by your network operator. AMAG accepts no responsibility or liability for the payment of fees charged by your network operator.

Availability, Changes and Technical Requirements

The app and services are operated using information technology infrastructure and the app and services are accessed via the Internet or a network. The app and services may be unavailable during maintenance breaks and at other times. Some functions of the app and the services may depend on the network and the compatibility of the device used. AMAG neither warrants nor represents that the App and the Services will be available at all times and without interruption or disruption, nor that the App and the Services can be accessed at any time, from any location and via any device. A MAG is not obliged to provide the App and the Services at all times and in all locations or to rectify faults or interruptions or to carry out updates.

AMAG reserves the right to change, expand or reduce the App and the Services and their functionalities, offered content and services at its own discretion at any time and without giving reasons, and to temporarily or permanently, partially or completely restrict, suspend and/or terminate the operation of the App and the Services. The availability and range of mobility services may also vary from time to time. AMAG gives no guarantee and makes no assurances that a specific mobility service will be available.

You are solely responsible for meeting the technical and other requirements and prerequisites that enable you to use the app and services.

Data Protection

In order to register your profile and use the services, you must provide AMAG with certain personal data. You acknowledge that this data is necessary for us to provide the services and for all related purposes, including the security of our services and/or to contact you and to fulfil and complete your booking of mobility services. You agree that we may process and store your personal data and pass it on to third-party providers of mobility services or otherwise disclose it in order to provide the services and any other services. The details of the use of your personal data are governed by the data protection declaration and any additional data protection information in the terms and conditions.

Limitation of Liability, Exclusion of Assurances and Guarantees

AMAG shall be liable for direct damage caused by AMAG intentionally or through gross negligence arising from or in connection with the use of the services. Any further liability on the part of AMAG, irrespective of the legal grounds, is excluded to the extent permitted by law; In particular, to the extent permitted by law, AMAG shall not be liable for (i) slight and medium negligence, (ii) indirect, consequential, reflex, third-party, defect and other consequential damages, loss of profit, pure financial loss, losses, missed opportunities, business interruption or unrealised savings, (iii) damages arising from default or delay and loss of data, and (iv) any acts or omissions of auxiliary persons. Under no circumstances shall AMAG be liable for the acts or omissions of third-party providers of mobility services.

With regard to the App and the Services, AMAG provides no warranty and makes no representations or guarantees whatsoever. In particular, AMAG does not warrant that the App and the Services will (i) be available without interruption, (ii) be free from defects, errors or viruses, (iii) be suitable for use by you, (iv) provide a specific or satisfactory result, or (v) display or contain accurate information.

Compensation and Indemnification

If you violate these Terms or statutory provisions, you shall be fully and unrestrictedly liable to AMAG for all losses and damages, including indirect and consequential damages.

You agree to fully indemnify and hold AMAG harmless from and against any damages and any third party claims, in each case including any related costs, such as legal fees or court costs, arising out of or in connection with your use of the App, your access to the Services and/or any breach by you of the Terms.

In the event of damages to third party mobility service providers and in relation to claims by third party mobility service providers in connection with your use of a mobility service or otherwise, you are directly responsible and liable for covering any damages, fines, fees, costs, penalties or other claims levied by third party providers in accordance with their terms and conditions of business, transport or contract or in accordance with the law.

Messages

As part of or in connection with the Services, AMAG may contact you directly, including by messaging or displaying information in the App, by email and/or by otherwise using the contact information we have received from you. This may be in connection with updates to the terms and conditions and/or information on the services. We may also contact you with regard to information relating to your use of the services, such as the status of a booking. AMAG may also contact you for advertising or marketing purposes and to inform you about offers and services from AMAG or companies affiliated with AMAG. You can opt out of receiving certain notifications or messages in the app settings or by other means.

AMAG may display advertising in the app or the services. Advertising may be personalised and targeted based on the way you use the Services, the queries you make through the Services, or other data and information you enter into the App or the Services or otherwise provide to us.

Final provisions

You may not transfer the terms and conditions or the contractual relationship with AMAG, or rights and obligations arising from the terms and conditions or the contractual relationship with AMAG, without the prior written consent of AMAG. AMAG is authorised to transfer the terms and conditions or the contractual relationship with you, or rights and obligations arising from the terms and conditions or the contractual relationship with you, without your consent.

Should individual provisions of these terms and conditions be or become invalid or ineffective, this shall not affect the validity of the remaining provisions. The invalid or ineffective provisions shall be replaced by a new provision that comes as close as possible to the economic and legal content of the invalid or ineffective provisions.

You can reach AMAG by e-mail at support@allride.swiss.

These Terms and Conditions and all contractual relationships between you and AMAG shall be governed by Swiss substantive law, excluding conflict of laws provisions and international treaties.

The exclusive place of jurisdiction for all disputes arising from or in connection with the terms and conditions or the contractual relationship between AMAG and you is the registered office of AMAG, unless mandatory statutory provisions provide for a different place of jurisdiction. However, AMAG is also entitled to take legal action at your place of residence.