Welcome to the Terms & Conditions of UrbanAir’s Platform
Update: April 2021
Thank you for choosing UrbanAir!
By accessing and using our Platform you accept these Terms & Conditions. If you have any questions related to this document, please feel free to contact us at the contact details provided below.
1. Who are we?
We are Neobility S.R.L. (“Neobility” or “UrbanAir”, “Company”, “us”, “we”), and we are the owner of the website www.rideurbanair.com and of the correspondent app available on the app stores.
Our identification details, according to the applicable legislation, are:
- Company details: Neobility S.R.L., a legal entity established and operating in accordance with Romanian law;
- Headquarters registered address: Targoviste, 42 Calea Bucuresti, Block N3A, 2nd Floor, Flat 7, Dambovita county, Romania
- Trade Registry no: J15/1615/2019
- European unique identifier (EUID): ROONRC.J15/1615/2019
- Single Registration Number (CUI): 41720319
- Contact email address: firstname.lastname@example.org
2. Definition of used terms
a. T&C – the terms, conditions and legal information contained or referenced herein (the “Terms & Conditions”, “T&C” or the “Agreement”). (“UrbanAir”, “App”)
b. Platform: the website www.rideurbanair.com together with the correspondent App, UrbanAir. The UrbanAir App is available in the app stores for download, for any device with internet connection, optimized for mobile phones and tablets and, through it, Users can contract mobility services provided by third party Service Providers.
c. Users – the individuals who register on the UrbanAir Platform and create an Account in order to have access to mobility services (the “User”, “Users” or “you”).
d. Service Providers: the providers of mobility services available on the Platform, which can offer one or more of the following mobility services: e-scooters, bikes, mopeds, 4 wheeled vehicles etc.
e. UrbanAir’s Services: the services offered by Neobility through the UrbanAir app, for the purpose of concluding and executing a contract between the User and the Service Provider.
f. Mobility Services: the mobility services that are offered by the Service Providers, based on their own terms and conditions, made available to the Users, as provided herein.
g. User’s Account: comprises of the identification and authentication details that Users provide in order to register on our App and subsequently, after registration, to make use of the Mobility Services.
3. What services do we offer?
UrbanAir offers a platform which aggregates shared mobility services provided by Service Providers, worldwide: e-scooters, bikes, mopeds, 4 wheeled vehicles etc. This means that our platform allows you to visualize and access different Mobility Services available in your area, through an interactive map.
The Mobility Services intermediated through our app are independent services, provided by the Service Providers. UrbanAir is to be considered just an alternative access channel for the Service Providers, aiming at making mobility services easier to obtain in an aggregated manner.
4. Use of the Platform
In addition to these T&C, each time the User contracts a Mobility Service, the User enters into a direct relationship with the Service Provider and is expected to agree and accept the Service Provider’s terms and conditions.
4.1 Rules of UrbanAir
To use UrbanAir’s Services it is necessary that for the User to download the App and register an Account. This requires that you provide your contact details and your phone number which is going to be associated with your Account. This information is mandatory and necessary in order to provide you with our services.
When creating the Account, you agree that:
a. You will provide only information that is: true, accurate and complete. You also agree to keeping this information up to date. If you provide information that is false, inaccurate or incomplete or if we consider that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, we may deny current or future access to, and use of, the Platform or any of its contents and/or services.
b. Your Account information is strictly confidential, personal and non-transferable. You will not disclose the details of your Account and you will not allow access and use of your Account to any third parties. All the actions carried out under your Account, are under your sole responsibility, together with all related consequences.
c. You are required to notify us immediately of any unauthorized access to or use of your Account or any other situation that may cause loss of control of your Account.
d. In order to obtain access to certain services, depending on the applicable legislation and on the policies implemented by each Service Provider, you will have to provide valid proof of identity and / or valid driving license and/or other information that will be notified to you prior to accessing the Mobility Services.
e. We, together with the Service Providers have the right to choose our Users based on non-discriminatory criteria and we have the right to suspend or disable access to our Services to the extent required to:
- comply with applicable legislation or court order;
- secure lawful use of App, related to reasons such as: fraud prevention, risk assessment, investigation and customer support purposes;
- ensure your compliance with these Terms & Conditions;
- as otherwise established in this Agreement;
f. You have the necessary skills and you are legally allowed to use and operate the chosen mobility service and you will do so in a safe and legal manner.
g. You are at age to access services of informational society and/or the Mobility Services you opt for. If the case, minors using UrbanAir will require parental permission.
Also, with respect to the content you upload on the Platform you agree that:
a. You cannot upload, save, transfer or distribute materials that are illegal, which pose a risk to minors, that denigrate others and / or that insult or are otherwise unlawful. This includes unlawful distribution of content that violates data protection laws, intellectual property law, industrial patent law, ancillary copyright laws, personality rights and / or other rights of a third party.
b. You are the only one responsible for the content transmitted thereby, as well as for the use of the Platform.
c. We reserve the right, but without any obligation, to examine the uploaded content of Users in order to comply with the allowed uses provided for in these T&C. In the event of a breach or the possibility of a breach, we are authorized to block, modify or delete your content. In addition, we are authorized to block all or part of your Account with immediate effect and / or to terminate this Agreement. The exercise of other rights by UrbanAir remains unaffected.
4.2 Rules of the Service Providers
The Mobility Services intermediated through our Platform are to be considered an independent service, that is not provided by UrbanAir’s App, but by the Service Providers. Such Mobility Services are provided through our app under the condition that:
- for the use of the Platform you accept our T&C’s;
- for the use of the mobility services you accept the T&C’s of the Service Provider.
This means that the contract for the Mobility Service is concluded between you and the Service Provider, through our App, subject to your acceptance of both our conditions and the conditions imposed by each Service Provider.
Please do carefully read the T&C’s of the Service Provider of your choice and understand that each of them may apply different conditions in relation, but not limited to: the activation process of your mobility service, the allowed use, the deactivation, the proper parking of the vehicle and all the applicable fees, fines, penalties and/or any other charges which may apply.
4.3 Additional services and support (only for Mobility Services accessible directly in the UrbanAir app, i.e. without redirection to the Service Provider’s app)
In order to provide you the added value service, we shall be your first point of contact for any problems you may incur in relation to the use of the Platform for contracting Mobility Services. Also, in relation to any problems you may have, we will provide the first line of support either through the available customer support channel in the app or through our call center. If we are not able to solve your issue we will escalate the problem to the Service Provider, together with all the necessary info.
You should report any irregularities regarding the provision of the service directly to UrbanAir. We will take the necessary steps in order to communicate such irregularities to the Service Provider or to inform the relevant authorities, as the case may be.
4.4 Withdrawal from Platform
You may withdraw from this contract at any time and free of charge by deleting your Account and uninstalling the App. Withdrawal from this contract will make it impossible for you to use the Platform.
5. Payment and pricing
Mobility Services that are visible in UrbanAir but accessible directly from the Service Providers’ apps/websites.
Although we do our best to ensure that the pricing displayed on the Platform corresponds to the tariffs applied by the Service Providers in their apps/website, we cannot guarantee the reliability or accuracy. We have been authorized by the Service Providers as intermediaries of their Mobility Services and so we are not responsible and have no control over the pricing of the Mobility Services in the apps and/or the websites of the Service Providers. Therefore we do not guarantee that the displayed tariffs on our Platform will be those applicable to you when accessing the Mobility Service in their app/website.
Mobility Services that are accessible directly from our app.
Considering that our Platform provides an integrated service which offers you added value by allowing you to access a variety of mobility services and find the closest and most suited Mobility Service for you, we reserve the right to apply commercial terms that differ from those applied by the Service Providers, as communicated to you in our app.
Additionally, the commercial terms and agreements that may be in place between you and any of the Service Providers, such as but not limited to: subscription plans, promo codes or special offers do not apply for the mobility services contracted through our Platform.
We reserve the right to charge a series of additional fees / penalties / tariffs related to additional services and / or facilities available on the Platform or in relation to your improper conduct when using our Services. Such additional fees could also be charged as a reservation fee or cancellation fee for the intermediation service, regardless of the type of intermediated mobility service, for the case in which you reserve a mobility vehicle and / or decide afterwards not to use the service. You will be informed of any additional fee through the App and before you place any order.
For the Mobility Services that are accessible directly from our app, we will collect the value of the mobility service directly from you and your obligation to pay the charge for the service is to be considered settled:
a. to the extent of the sums received by UrbanAir,
b. on the date of receipt of funds by UrbanAir.
By creating an Account, providing the necessary data and using the Platform you consent to:
- the collection of applicable charges / commissions / fees.
- any requests for authentication of payment data in order to make payments through the selected payment method;
- any requests for pre-authorizations, as requested during the use of the Platform. Please consider that pre-authorization may temporarily reduce the balance available in your Account by the amount pre-authorized, for an estimate period of 10 working days, which can be shorter or longer depending on the issuing institution or the chosen payment method. However, the pre-authorization amount will not be charged for the payment method in question.
Also, in relation to recovering the value of the contracted Mobility Services or of any other sums incurred through the Platform you agree that:
a. In case you do not transfer these amounts, you accept that both UrbanAir and the Service Provider may take the necessary steps to recover the outstanding sums, as the case may be.
b. If the payment through the Platform fails, we may automatically attempt, at any moment after, to debit the selected method of payment, without any additional agreement and until the entire outstanding amount is recovered.
c. If you do not pay the owed amounts when due, we may employ third parties providing debt collecting services and, in this case, you agree to compensate all the collection and legal fees incurred.
For the Mobility Services that are visible in UrbanAir but accessible directly from the Service Providers’ apps/websites, your payment and settlement thereof is to be done in accordance with the agreement concluded directly with the Service Provider.
First time Users that register a debit/credit card in UrbanAir, will be deducted a sum necessary to verify the card (however such sum will be refunded immediately back to the User).
6.1 Related to the use of the Mobility Service
As explained under Section 4, Use of the Platform, UrbanAir is to be considered just an alternative access channel for the Service Providers and the mobility services will be provided under the T&C’s of the Service Providers, who guarantee that the service is provided according to the applicable law and after obtaining all the necessary authorizations. UrbanAir does not provide mobility services to Users and it is not responsible for the method or quality of the provision of mobility services.
6.2 Related to the use of our Platform
In case of any faults within the App we will attempt to correct them as soon as possible. Although we do our best to ensure that all the content displayed on the Platform corresponds to the content available in the apps/website of the Service Providers, we cannot guarantee the reliability or accuracy of any content. We provide the UrbanAir Services and Platform on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. Therfore, the functionality of the App may be restricted due to occasional technical errors and you acknowledge that we do not guarantee continuous and uninterrupted functioning of the App. Also, UrbanAir does not guarantee that the use of the Platform will, in all cases, lead to the conclusion of a contract with a Service Provider of mobility services.
We are liable for only for intent and gross negligence and only if you suffer damages or adverse effects due to the use of the Platform. More specifically:
- where an incorrect, incomplete or delayed transmission of information or a lack of availability or, as the case may be, a disruption within the Platform results in damages.
The limitation of liability does not apply in the context of the guarantees assumed or for the damages caused to your life, personal integrity or health.
7. Intellectual Property Rights and prejudice coverage
The entire content of the Platform, including, but not limited to texts, images, graphics, computer software, as well as any other data and applications, is the property of Neobility and / or its partners and it is protected in accordance with Law no. 8/1996 regarding the copyright and the rights related thereto, with the subsequent amendments, as well as to all other laws, including but not limited to the applicable laws regarding intellectual and industrial property rights.
Authorizing you to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by UrbanAir of any intellectual or industrial property rights. Modifying, copying, reusing, exploiting, reproducing, publicizing, making subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Platform for public or commercial purposes are also prohibited, unless you have our express written authorization or, where applicable, that of the owner of the rights concerned.
These Terms do not grant you the right to use any trademarks, branding or logos used in our Platform or otherwise, including in any advertising or publicity or to imply our endorsement in any way.
When uploading any content through the Platform you assert that you have the necessary rights to do so, releasing UrbanAir from any liability regarding the content and lawfulness of the information supplied.
7.1 Our Limited License to You
Subject to your compliance with these T&C’s, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and our related software and services on your personal device, solely for your use of our Services according to these T&C’s.
Such rights are for your personal, noncommercial use only.
Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless you have our written permission to do so.
You are not allowed to:
- do anything that places an unreasonably large load on our Platform infrastructure;
- use any robots, spiders, scrapers or other automated means to access our Platform;
- try to interfere with the proper working of the Platform;
- attempt to bypass any of our security measures to access the Platform.
You will indemnify UrbanAir for all claims, including claims for damages, which other Users or other third parties have requested from us for the cases in which you violate their rights:
- through the content you upload or generate within the Platform,
- in relation to any other incompliant use of the Platform.
You accept all reasonable costs incurred by us due to the infringement of the rights of third parties, including the reasonable costs that arise during the procurement of a legal defense. All rights and additional damages of UrbanAir shall remain unaffected.
7.2 Your license to us
8. Your Personal Information
9. Final provisions
If a clause of these T&C is invalidated, declared inapplicable or canceled, it does not affect the validity of the other clauses. Instead of the inapplicable clause, it will be considered accepted a provision that has a meaning as close as possible to the economic meaning of the inapplicable clause.
By accepting these T&C, you state that you are aware and that you are not misled regarding the services intermediated through the Platform.
You expressly accept these Terms & Conditions. Your acceptance is given by checking the appropriate box within the Platform and / or by using the Platform.