Terms and Conditions

General Terms and Conditions for the use of the Urban Connect Mobil Application and Vehicles provided by Urban Connect AG

The use of e-cars (hereafter referred to as “cars”) and e-bikes, e-load bikes, bicycles and e-scooters (hereafter referred to as “bikes”) collectively hereafter referred to as “vehicles” is offered by Urban Connect AG for employees (hereafter referred to as “user”). When using the application as well as the vehicles, these general terms and conditions (hereafter “GTC”) apply. With the registration in the Urban Connect software application (hereinafter “application”) and again with the booking of cars and bikes via the application, the user confirms that he has read and understood these terms and conditions and agrees to all conditions.

The terms of use are an integral part of these general terms and conditions.

The terms reservation (or similar) are at all times synonymous with booking (or similar).

1 Contract: Parties, Conclusion and Subject Matter

1.1 Parties
Parties to the present contract for the use of the application and the vehicles are Urban Connect AG, Pfingstweidstrasse 16, CH-8005 Zurich and the user.

1.2 Conclusion of Contract
The contract between the user and Urban Connect is concluded after the user has entered all data required for registration in the application, has verified his business e-mail address and Urban Connect accepts the user’s registration without reservation. From this point on and during the duration of this contract, the user can use the vehicles.

1.3 Subject Matter of Contract
This contract governs the rights and obligations of the parties with respect to the use of the application and the use by the user of the vehicles made available by Urban Connect.

1.4 Duration of the Contract
This contract is concluded for an indefinite period unless action is taken by the user or Urban Connect.

1.5 Termination by the User
The user may terminate the contract at any time with immediate effect by sending an e-mail to info@urban-connect.ch. Upon termination, the right to use the application and the vehicles by the user expires immediately.

1.6 Termination by Urban Connect
In case of violation of these GTC Urban Connect can immediately terminate the contract with the user.

2 Application

2.1 Functions within the Application
The use of the vehicles and all related processes are handled through the application, which the user must install on his cell phone.

2.2 Download and use the Application
The application can be downloaded free of charge from the Apple App Store (iOS) and Google Play (Android) platforms. The use of the application is subject to these GTC.

The application may only be used by registered users. The user is liable for any misuse by third parties (e.g. unauthorized transfer) and the resulting damages.

2.3 License
Urban Connect grants the user the license of the application for the specific use of the related functions. Under no circumstances may the user copy the software or set up sublicenses under which the rights to the application are transferred to third parties. Neither the content of the application nor the related material may be modified, disassembled, or corrected.

2.4 Content and Used Software Libraries of the Application
Urban Connect may change the content of the application at any time.

To access the software libraries used in the apps (Android or iOS), click on this link.

3 User Account and Privacy Policy

3.1 Registration and Access Media
The user registers via the application by providing his business email address. The user’s account is personal and non-transferable.

Users who are invited as friends register with a private e-mail address, which is verified in advance.

3.2 Changes and Blocking of the User Account
Changes to the information in the user account of the user are to be made via the customer support of Urban Connect.

In case of improper use of the application or violation of these GTC, Urban Connect may temporarily block the user account of the user and thus temporarily exclude the user from using the application and the vehicles.

3.3 Privacy Policy
The privacy policy is regulated in a separate document.

4 Bikes

The following conditions apply exclusively to e-bikes, e-load bikes, bicycles and e-scooters (hereafter “bikes”) and not to cars.

4.1 Availability and State of Charge
Urban Connect does not guarantee the availability, proper functioning, sufficient state of charge of the bikes or the availability of free spaces at the stations.

The bikes must be booked via the booking system of the application.

For maintenance reasons, the bikes may be temporarily blocked on individual days.

4.2 Regulations and Riding Ability
The user must at all times comply with the applicable legal regulations, in particular the applicable road traffic regulations. The User is prohibited from using the bikes for illegal or other non-contractual purposes. By booking a bike, the User confirms his or her ability to ride.

4.3 Condition Check
Before using the bikes, the user shall ensure that the bike is in safe operating condition; in particular, the proper functioning of brakes and lights as well as the tire pressure shall be checked.

The user is obliged to check the bike for defects or damage before use. In case of safety-relevant defects or damages, Urban Connect is to be informed immediately and the use of the bike is to be refrained from.

Minor defects and damage that do not affect the safe use of the bike are to be reported via the damage reporting function of the application before the start of the ride. The bike may be used.

Defects and damages not reported by the user prior to use will be attributed and charged to the user.

4.4 Use of and Changes to the Bikes
The user is obliged to exercise the usual care when using the bikes and to follow Urban Connect’s recommendations for use. In particular, the bike must always be protected against theft or damage.

The user is prohibited from making changes or repairs to the bikes or their accessories.

4.5 Reporting Incidents during Use
Any incident, such as breakdown, self-accident, parking damage or collision, that occurs during use must be reported to Urban Connect.

In the case of minor defects or damages that allow the bike to continue its journey, the bike must be returned to an official Urban Connect station and the defect or damage must be reported using the damage reporting function of the application.

Incidents that make further travel difficult or even impossible or endanger the safety of the user must be reported to Urban Connect immediately. The following applies:

The user is obliged to deposit the bike in a place where it does not pose a danger to other road users.
The user may not leave the bike until he has informed Urban Connect of the exact location of the bike (photo and GPS coordinates).
The user is obliged to contact the police himself if the situation requires it.

4.6 Return of the Bikes
The bike must be returned by the user to an official Urban Connect station in an orderly manner. In doing so, the bike must be locked and the booking in the application must be terminated.

If there is no internet or electricity at the official charging station, the application will switch to the modified “Photofinish” mode. In this mode, the user can make the return by photography. For the return by Photofinish, the location and the bike must be clearly visible and identifiable on the photograph. Urban Connect reserves the right to refuse the Photofinish return if the photograph does not meet these specifications.

If the bike cannot be properly returned despite the user’s best efforts, the user must notify Urban Connect immediately.

4.7 Insurance
The user hereby confirms that he has accident insurance as well as liability insurance both at the time of the conclusion of the contract and during the entire term of the contract.

4.8 Liability of the User
In case of theft or loss of the bike, in case of damage caused by improper or careless use, or by violation of these GTC during the contract period, the user is fully responsible to Urban Connect for the damage incurred.

In the event of theft, loss or damage to the bike despite proper, careful use and compliance with these GTC during the contract period, the user will be held responsible to the extent of CHF 300.

4.9 Disclaimer of Urban Connect
Urban Connect excludes any liability for damages and consequential costs incurred by the user directly or indirectly from this contract. Unless the damage was caused by Urban Connect’s gross negligence or intent.

5 Cars

The following conditions apply exclusively to cars and e-cars (hereinafter “cars”) not to bikes.

5.1 Conditions of Use
The user is only entitled to use the cars if he/she is registered as a user in the application and is in possession of a driver’s license valid in Switzerland/Liechtenstein for the relevant vehicle category. The user is responsible and liable for the compliance and fulfilment of all additional information and restrictions contained in the driver’s license. The failure to comply will result in a compensation claim and will be prosecuted.

A driver’s license withdrawal must be notified to Urban Connect immediately.

The registration and charging of a credit card is considered a prerequisite for making a booking.

5.2 Availability and Charging Status
Urban Connect does not guarantee the availability, proper functioning and sufficient state of charge of the car.

Reservations and their management must be made via the application. The reservation and cancellation conditions listed in the application apply.

Urban Connect undertakes to inform the user as soon as possible about the lack of availability of cars and to cancel reservations due to lack of availability.

For maintenance reasons, cars may be temporarily blocked on individual days.

5.3 Regulations and Driving Ability
The user must at all times comply with the applicable legal regulations, in particular the applicable road traffic regulations. The user is prohibited from using the cars for illegal or other non-contractual purposes.

By booking a car, the user confirms his ability to drive.

Only users who are registered in the application are allowed to drive the car.

5.4 Condition Check
Before driving the car, the user has to make sure that the car is in a safe condition, especially the functioning of brakes and lights, the tire pressure and the presence of the car key or keycard and charging cable.

The user is obliged to check the car for defects or damages before using it. In case of safety-relevant defects or damages, Urban Connect must be informed immediately and the user must refrain from using the car.

Minor defects or damages that do not affect the safe use of the car are mandatory to be reported via the damage reporting function of the application before starting the journey. The car can be used.

Defects and damages that are not reported by the user before use will be attributed and charged to the user.

5.5 Restrictions on Use and Changes to the Car
The user is obliged to exercise the usual care when using the cars and to return them in a clean condition. There is an absolute ban on smoking and eating in all cars. For hygienic reasons, no animals may be transported. In case of violation of the usage restrictions or in case of returning the car dirty, the cleaning will be carried out and charged at the expense of the user.

When travelling abroad, the user must independently take care of the vehicle and equipment required by law in the respective country. It is the duty of the user to inform himself at the responsible customs office about the valid regulations.

The user undertakes not to make any changes or repairs to the cars, their software or their accessories. In case of violation, the costs incurred will be charged to the user.

5.6 Reporting Incidents During Use
Any incident, such as breakdown, self-accident, parking damage or collision, occurring during use and any severe damage to the car and its bodywork (liability and petty claims), regardless of who caused it, must be reported to Urban Connect immediately. This includes the loss of the car key, keycard or charging cable.

Failure in reporting the user will be charged a penalty fee of CHF 250. If the user cannot report an incident due to the circumstances (unconsciousness or similar), the fees are not owed.

In the case of minor defects or damage that do not affect the continuation of the journey and/or the safety of the occupants, the defect or damage must be reported at the time of the incident, and the car must be returned to an official Urban Connect station.

Incidents that make it difficult or even impossible to continue the journey and/or endanger the safety of the occupants must be reported immediately to the 24h hotline. The following applies:

The 24h hotline must be notified immediately.
User is obliged, if possible, to park the car in a place where it does not pose a danger to other road users.
In case of any accident, a European accident report must be filled in and then sent to Urban Connect.
The user is obliged to contact the police himself, if the situation requires it.
Repair orders may only be issued by Urban Connect.
A breakdown service in Switzerland/Liechtenstein and abroad may only be called by Urban Connect. Otherwise, Urban Connect will not cover the costs of the breakdown service and/or will charge the user.
The user is obliged to wait at the vehicle until the breakdown service arrives.

5.7 Return of the Car
The car must be returned properly by the user to the official Urban Connect station where it was picked up. In doing so, the car must be locked and the booking in the application terminated.

The specific parking space does not have to be the same as long as it is a parking space reserved for the fleet.

If there is no internet or electricity at a car’s location, the application will switch to the modified “Photofinish” mode. In this mode, the user can make the return by means of photography. The conditions are as follows: The location, as well as the car must be clearly visible and identifiable. Urban Connect reserves the right to refuse the Photofinish request if the photograph does not meet the specifications (if it is not clear whether it is really at the location).

If the car cannot be returned correctly in the application despite all efforts of the user, the user must inform Urban Connect immediately.

The car must be left in the charging state at the end of the booking. Failure to do so will result in fees being charged.

Our reservation system is designed to ensure that users return cars in a timely manner to ensure availability for the following user. If a timely return is not possible due to a self-inflicted or third-party reason, Urban Connect must be notified immediately.

It is mandatory to leave the key/keycard in the car, in the correct form. If the key/keycard is not available to the following user, a penalty fee in the amount of the incurred costs will be charged.

5.8 Insurance Coverage
Urban Connect insures the provided cars according to the legal regulations.

Driving abroad is allowed in countries within the coverage, of the insurance taken out by Urban Connect. The insurance is valid in Europe and in the countries bordering the Mediterranean Sea excluding the Russian Federation, Belarus, Georgia, Armenia, Azerbaijan and Kazakhstan.

Users residing outside Switzerland/Liechtenstein may drive the cars for private purposes only within Switzerland/Liechtenstein. EU residents are allowed to enter the European Union by car for business purposes. However, this exception only applies if the employer offers the possibility of business travel within the Urban Connect application. Urban Connect may hold the user liable for loss of income and any costs incurred as a result of entering the European Union by car.

5.9 Liability of the User
The user shall fully compensate Urban Connect for any damage to the vehicle caused by the user’s violation of the contractual provisions and/or improper use. Defects or damages caused by accompanying persons are attributed to the user.

If there is neither a report nor a police report, Urban Connect is entitled to consider the user who last used the vehicle before the damage was determined as the cause of the damage and to hold him responsible accordingly. The user is free to prove the contrary.

Urban Connect, respectively their insurance is responsible for other defects and damages. Urban Connect can recourse to the user for any damage exceeding the effective insurance benefit (including recourse claims of the insurance), provided that the user has acted grossly negligent or intentionally or has violated the contract with Urban Connect. In any case, the user is responsible to the extent of the deductible to be paid by Urban Connect to the insurance company.

Urban Connect will charge a handling fee for claims processing to the user. The handling fee is neither covered by the insurance coverage nor included in the deductible.

If Urban Connect is liable for a damage caused by the user due to the motor vehicle owner’s liability or for other reasons, the right to recourse against the user to the extent of the deductible is reserved in any case.

Speeding violations that must be handled on the part of Urban Connect will be charged to the user with the addition of a handling fee. If the car has to be picked up/towed away due to lack of driving ability (e.g. arrest by police), this will be charged to the user with the addition of a handling fee.

5.10 Disclaimer of Urban Connect
Urban Connect excludes any liability for damages and consequential costs incurred by the user directly or indirectly from this contract. Unless the damage was caused by Urban Connect’s gross negligence or intent.

6 Costs and Billing

6.1 Application and Use
The download and use of the application is free of charge.

For the use of the vehicles, the prices specified in the application apply.

6.2 Charges for extraordinary Expenses
Urban Connect is entitled to charge the user for extraordinary expenses culpably caused by the user.

6.3 Free Trial Subscriptions/Promotional Offers
Urban Connect reserves the right to offer promotional actions, which make the vehicles usable for a certain period of time free of charge or at special conditions.

If the User signs up for a trial subscription, User’s rights to use the application and vehicles are limited by the terms of that trial subscription and will terminate or extend in accordance with the terms of the trial subscription and/or any additional terms.

6.4 Refund Policy
Any credit available in the application will not be refunded upon termination of the agreement.

6.5 Complaints
Complaints regarding billing must be made within 30 working days of receiving the billing documents. If no such objection is made, the billing shall be deemed accepted.

6.6 Late/delayed payment
In case of a non-payment or delayed payment of user fees or other monetary claims, Urban Connect may block the user’s account or terminate the contract with immediate effect.

6.7 Collection from third parties
If it is necessary to involve a collection and/or administration company, Urban Connect may charge the user for all costs and collection expenses incurred as a result, including but not limited to administrative and legal costs.

6.8 Credit Card Crimes
In the event of fraudulent use of a payment method by a User, Urban Connect will report it to the appropriate authorities.

7 Mobility Budget

7.1 Discount cards
If a ticket is issued with an SBB discount card (e.g., Halbtax), the user is responsible for proving that they hold a valid discount card.

Discount card information is not included in tickets issued via Urban Connect.

It is recommended that the user either has the discount card physically with them or loads it digitally into the SBB B2C app.

SBB is currently working on a Swisspass integration, so this step may not be necessary in the future.

7.2 Public Transport Refunds
We will refund tickets according to SBB refund conditions.

All refunds are returned to the user’s Mobility Budget account balance, regardless of which payment method was used to purchase the ticket.

Supersaver tickets are electronic tickets that are only valid for the selected journey. If you miss your correspondence, please address yourself to a train controller.

Supersaver tickets can be refunded 30 min after time of the purchase.

7.3 Ticket Validity
It is the responsibility of the user to purchase a valid ticket prior to boarding the public transport service. The user must ensure that the ticket is appropriate for the specific mode of transport, route, and time period for which it is intended. Failure to present a valid ticket may result in penalties or fines.

7.4 Processing & Acquiring fees
If the ticket needs to be paid, either partially or fully, with a payment method different from the account balance of the user (e.g. Credit Card), we reserve the right to add the processing fees we may be charged by our payment processors and acquirers

7.5 Ticket usage
The usage of the Mobility Budget is limited to the conditions specified in the specific terms of use of the user’s employer

7.6 Failure of compliance
Repeated breakage of the Terms & Conditions could end with the stoppage of the Mobility Budget for non-compliant users, and the removal of their remaining credit.

7.7 Taxable implications:
By participating in the mobility budget, the user accepts the tax implications derived from it. This generally means that the transferred funds appear in the user’s Salary statement in 13.2.3. (Spesenvergutungen – Pauschalspesen – Übrige)

7.8 No Transfer of funds
Urban Connect will not support or approve the extraction or transfer of mobility budget funds to other accounts. The funds may only be used within the Urban Connect app. In case of stoppage of employment, we will grant extra 90 days to employees to use their funds, starting on end of contract. Then, the account will be suspended.

7.9 Disclaimer of Urban Connect
Urban Connect excludes any liability for damages and consequential costs incurred by the user directly or indirectly from this contract. Unless the damage was caused by Urban Connect’s gross negligence or intent.

8 Final Provisions

8.1 Changes to the Terms & Conditions and Prices
These terms and conditions can be changed by Urban Connect at any time. Changes will be communicated to the user in an appropriate manner, indicating the date of entry into force, and will be considered as known to the user from that date. If the user does not accept the changes to the GTC, the contract is considered terminated. The User can retrieve the currently valid GTC via the application.

8.2 Asset theft due to a platform security breach
If the security breach originated in the Urban Connect environment (e.g. hacking of Urban Connect database or Urban Connect Back Office allowing criminal 3rd party to get access to vehicles), the liability would be on the Urban Connect side, and Urban Connect will replace the compromised vehicles to the client as per contract.

If the security breach originated on the Employer side (e.g. the e-mail of the user has been compromised, and thus, the criminal 3rd party gets access to vehicles and steals them) it is up to the employer to determine if the liability is within the company or with the user.

8.3 Discrepancies between translations
In the event of any discrepancies or conflicts between German and English translations of these terms and conditions, the German shall take precedence and be legally binding. Both versions of the terms and conditions have been prepared in good faith and aim to accurately represent the same meaning.

8.4 Place of Jurisdiction and Applicable Law
The place of performance is Zurich. In the event of legal disputes, the courts in Zurich shall have jurisdiction. The contract is subject to Swiss law.

Urban Connect AG, 27.04.2023