SECTION A – GENERAL TERMS
Subject of contract and how MOIA works
The provider of the MOIA App and your contractual partner when using the MOIA App is MOIA GmbH, Alexanderufer 5, 10117 Berlin, Germany, registered with the commercial register of the Berlin Charlottenburg District Court, no. HRB 189716 B (“MOIA”, “we”).
The MOIA brand stands for an innovative mobility concept that is intended to offer people an attractive alternative to using their own vehicle. To this end, a range of mobility services can be offered to complement existing transport services (collectively referred to as “MOIA Mobility Services”). Customers book MOIA Mobility Services using the MOIA App, entering their starting point and destination. Each customer is shown an estimated journey time and arrival time as well as the price to pay and has the option of requesting the trip. The MOIA Vehicle (“MOIA Vehicle”) is then used to serve the travel request. It is hoped that the shared use of MOIA Mobility Services will reduce individual transport in cities, thus minimizing the associated noise pollution, emissions and congestion.
The use of a MOIA Mobility Service requires users to have first concluded a contract against payment for the provision of such a MOIA Mobility Service (“Transport Contract”). The MOIA Mobility Services provider and your contractual partner for Transport Contracts made is either MOIA Operations Germany GmbH (“MOIA Operations”) or a third-party provider under the MOIA brand (“Cooperation Partner”). MOIA Operations or Cooperation Partners are referred to below as “MOIA Providers”.
You can use the MOIA App to request, book, and pay for MOIA Mobility Services from MOIA Providers. These in-app services that make it possible to use MOIA Mobility Services are provided at no charge and are referred to below as “App Services”.
App Services and MOIA Mobility Services are different, independent services that are provided by different contractual partners. App Services and MOIA Mobility Services are referred to below as “MOIA Services”.
You could request, book, and/or pay MOIA Mobility Services through platforms of third-party-providers (“Third-Party Platform”). Therefore, the conditions set out in Section A.2. will apply.
The terms and conditions of MOIA Mobility Services are set out in Section C.
MOIA and/or the MOIA Providers are entitled, at their sole discretion, to change or suspend the MOIA Services with future effect (i.e. not with respect to any Bookings already made) at any time and without individual notice. Information about the discontinuation of MOIA Services shall be provided in good time via the MOIA App and/or on the website www.moia.io.
Booking of MOIA Mobility Services via Third-Party Platforms
MOIA Mobility Services could be requested, booked, and paid via Third-Party Platforms.
When using a Third-Party Platform, the terms and conditions of the respective provider may apply in addition to these general terms and conditions. You may need to open a user account in order to use the Third-Party Platform.
The use of a Third-Party Platform may incur additional charges. You will be informed of these by the third-party provider.
We are not responsible for any Third-Party Platform and we do not offer them ourselves. Neither MOIA nor MOIA Providers are liable for any problem occurring by booking MOIA Mobility Services via Third-Party Platforms, as long as not caused intentionally or by gross negligence.
Other General Terms
MOIA is entitled to adjust these general terms and conditions for the future to the extent that the changes are reasonable for you. We will inform you of changes in good time before they come into effect by sending notification by e-mail and/or via the MOIA App. Changes shall be deemed approved if you do not object them in text form (e.g. via e-mail) within one month of the announcement of the respective change. MOIA shall specifically point this consequence out when announcing the amendment. Any Booking made prior to the amendment shall be excluded from such changes.
Should any provision of these terms and conditions be ineffective or void, the validity of the remaining provisions shall remain unaffected.
The law of the Federal Republic of Germany applies to these terms and conditions and the legal relationship between the parties, under exclusion of the UN Sales Convention.
Your attention is drawn to the fact that neither MOIA nor MOIA Providers do participate in dispute resolution procedures before a consumer arbitration board.
The European Commission has set up an online dispute resolution platform, which can be accessed at: http://ec.europa.eu/consumers/odr/. Consumers can use the online dispute resolution platform to settle disputes arising from online purchases or service contracts without going to court.
If contradictions exist between the German and the English version of these general terms and conditions or the MOIA Code of Conduct, only the German version is authoritative.
The incorporation of maps occurs in part using Google Maps, a service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). The Google terms of service apply to use of this third-party service.
Subject of contract, contractual partner MOIA App, reservation regarding availability
You can use the MOIA App to request, book, and pay for MOIA Mobility Services provided by MOIA Providers. There is no charge for using the MOIA App. MOIA is your contractual partner for the use of the MOIA App.
You do not claim a continuous and/or problem-free availability of the App Services. No promises are made concerning a certain level of availability of the App Services. This includes in particular matters concerning which operating systems and/or types of device are compatible with the MOIA App.
From time to time, it may be the case that the MOIA App is temporarily unavailable, especially in the event of maintenance or if there are security issues or limited capacity.
MOIA App usage, registration and user account
MOIA makes the MOIA App available for download at no cost on a range of different platforms. To install and use the MOIA App, you need an Internet-enabled mobile device. Please note our operating system requirements for using the MOIA App, an up-to-date list of which can be found in our Help Center.
The scope of the present agreement does not include Internet access or an Internet connection. These services may result in additional charges from your Internet provider.
To use the MOIA App and the MOIA Services offered through the MOIA App, you first need to register as a customer. The registration process takes place through the MOIA App, where you are required to provide your e-mail address, mobile number, or another form of identification or identification service. After verification, you must agree to these general terms and conditions to complete the registration process.
When registering as a user, you must provide all the necessary information truthfully and in full. You must inform us without delay and without a reminder if there are any changes with regard to the details provided during registration. Clause B.5.2. shall remain unaffected.
Following registration and the creation of a user account, a usage agreement comes into existence between you and MOIA concerning use of the MOIA App and the App Service provided therein (“App Usage Agreement”), at which point it is deemed that you accept these general terms and conditions as well as the validity of the MOIA Code of Conduct referenced in the general terms and conditions. The App Service provided under the App Usage Agreement is free of charge.
Our statement concerning the conclusion of the App Usage Agreement during registration as per clause B.2.5. is only aimed at legally competent individuals of legal age. In other words, only legally competent individuals of legal age are entitled to use our MOIA App.
You can access your user account through the MOIA App. You are solely responsible for the accuracy, consistency, integrity, and legality of the data and content you submit. MOIA is not responsible for reviewing the information or content you submit.
As a natural person, you may only have one user account. You may not share the user account with a third party or grant access to your user account to any third party. You must ensure that your mobile device and the MOIA App cannot be used by unauthorized persons. You must notify us immediately if you become aware of any unauthorized use of your user account by a third party (e.g. because your user account lists journeys that you have not used).
Using the MOIA App to book MOIA Mobility Services
If you would like to book MOIA Mobility Services from a MOIA Provider using the MOIA App, you will need to make a separate Booking in each case, which results in an individual Transport Contract.
The MOIA Mobility Services are listed as chargeable in the MOIA App; your order is made when you click on the corresponding order button.
For more details concerning the booking and performance of MOIA Mobility Services, please refer to Section C of these general terms and conditions.
Granting of rights, MOIA App usage, legal consequences of infringement
You have the free, simple, non-exclusive, non-transferable right to use the MOIA App on your device.
You may use the MOIA App for your own purposes only. It is not permitted to extend the MOIA service on a commercial basis. You are prohibited from bypassing the technical access requirements and/or security precautions of the MOIA App.
Without the prior consent of MOIA, it is forbidden to edit, reproduce, display in public, or in any other way use the content and functions of the MOIA App for commercial purposes.
You are required to comply with the applicable statutory provisions when using the MOIA App. It is your own responsibility to ensure that you do not violate any third-party rights when using the MOIA App and that the data and information you provide is lawful.
You may not: (i) enter false information on your user account; (ii) maintain multiple user accounts as a natural person; (iii) use the MOIA App and/or App Service to store or transfer content that is unlawful, infringes rights, presents a risk to minors, causes offense, or is otherwise illegal, or store or transfer content in violation of data privacy regulations, intellectual property rights, copyright, ancillary copyright, privacy rights, and/or other rights of third parties; (iv) use the MOIA App and/or App Service to store or transfer malicious code; (v) interfere with the integrity or performance of the MOIA App, the App Services, and/or any third party data contained therein; and/or (vi) attempt to gain unauthorized access to the MOIA App, the App Services and/or any connected systems and networks.
In the event of: (i) an immediate threat of breach or an already existing breach by you of obligations under clause B.4.4 and/or clause B.4.5; (ii) a not obviously unfounded allegation of such a breach by a third party; and/or (iii) the assertion of an not obviously unfounded claim of third parties against MOIA for failure to provide the MOIA Services in full or in part, we are entitled to suspend your access to the MOIA App and/or the MOIA Services entirely or in part with immediate effect and on a temporary basis, by also taking into consideration your legitimate interests. We shall inform you about such measures without delay.
You are prohibited from improperly acquiring and/or using any credit, voucher, discounts, or other promotions, whereby acquisition or use shall be deemed especially improper if, for example, the terms of the promotion in question are circumvented through the use of several user accounts, identifiable technical errors are exploited, or false information is presented, thus resulting in the application of credit.
If you violate your obligations under the MOIA App Usage Agreement or the present general terms and conditions, in particular by violating your obligations under clauses B.4.2, B.4.4, and/or B.4.5, B.4.7, or the MOIA Code of Conduct, MOIA shall be entitled without prejudice to its statutory rights: (i) to caution you, giving you the opportunity to cease any incorrect behavior; (ii) to temporarily suspend your access to the MOIA App and any or all services; and/or (iii) to terminate the MOIA App Usage Agreement without notice and to delete your account. The same shall apply in the event that MOIA has any other legitimate interest in the above measures, in particular with regard to protecting MOIA, MOIA Providers, or other users against fraudulent activities.
As a rule, MOIA will caution you first and give you the opportunity to cease any incorrect behavior (clause B.4.8. (i)) before any further action is taken under clause B.4.8. (ii) or (iii).
The application of the above measures shall be at the reasonable discretion of MOIA. However, MOIA will also take due account of your legitimate interests. Specifically, when evaluating the interests of both parties, MOIA will consider the extent to which blame can be apportioned to you for any breach.
If your account has been terminated extraordinary or temporarily suspended, you are not entitled to register again with a different customer or user account, for instance using a second e-mail address. In this case, our statements concerning the registration process under clauses B.2.3. and B.2.4. are not relevant.
Managing payment details on the MOIA App
The MOIA App gives you the option of storing and administering payment details for settling payment of any MOIA Mobility Services you have ordered.
You need to keep your payment details up to date in order to make payments.
You are required to notify us immediately of any misuse and/or suspicion of misuse regarding your user account and/or the MOIA App payment function so that we can block the payment function. If we suspect that your user account and/or the MOIA App payment function has been misused or that there is a risk of misuse, we may block your user account. We will inform you by e-mail if your account is blocked.
In addition to your statutory liability and your liability under clause B.4., you shall be liable for any damage that occurs if you are in culpable breach of the above requirements to exercise due diligence. You shall not be liable for any damage resulting from the use of a blocked user account after your user account has been blocked.
Liability for MOIA App usage
The liability of MOIA in connection with the provision of the MOIA App and the App Service is governed by statutory provisions. Accordingly, MOIA is liable only for intent and gross negligence.
MOIA shall be fully liable for any damage caused as a result of intent or gross negligence on the part of MOIA, including its employees and vicarious agents, organs, and/or legal representatives.
In the event of slight negligence, MOIA and/or its employees, vicarious agents, organs, and/or legal representatives, shall be liable at most for the breach of a material contractual obligation, and only to the extent that losses are both foreseeable and typical for this kind of contract. Material contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes achievement of the contractual purpose, and obligations on whose observance you can regularly rely.
Limitations of liability shall not apply if guarantees have been provided and for injuries to life, body, and health. Liability under the German Product Liability Act remains unaffected.
Duration and termination of the App Usage Agreement
The App Usage Agreement may be terminated by you at any time and by MOIA subject to a notice period of two weeks. To terminate, it shall be sufficient to send a simple message in text form (e.g. via e-mail or Help Center).
SECTION C – TERMS AND CONDITIONS OF MOIA MOBILITY SERVICES
Conclusion of a Transport Contract by booking via the MOIA App
You can book MOIA Mobility Services via the MOIA App through your user account. The offer to book a MOIA Mobility Service is expressly subject to the conditions that a MOIA Vehicle is available and you request a MOIA Mobility Service within the service area and the current service hours. Transport is therefore not possible outside the service area or the current service hours. You can view the service area and the current service hours in the MOIA App or on our website.
To make a Booking, enter your desired starting location and destination in the search field of the MOIA App (“Inquiry”). We will respond to your Inquiry through the MOIA App, informing you of the fare as well as the estimated start time and journey time together with start and finish locations that match your Inquiry or come close to doing so (“Connection”). The displayed Connection does not constitute an offer, but a non-binding invitation to bargain (a so-called invitatio ad offerendum).
You may select the Connection. There are no costs for you until you make a binding order for a MOIA Mobility Service by tapping the corresponding button in the MOIA App (“Booking”).
If your contractual partner for the Transport Contract is not MOIA Operations but a Cooperation Partner, we shall inform you of the identity and address of the Cooperation Partner who is providing your MOIA Mobility Service in a suitable manner (e.g. in our booking confirmation or invoice).
You can correct any input errors – such as the starting location, destination, or time – before Booking. After Booking, you have the option to cancel the Connection without incurring a charge within the time period shown on the MOIA App. When MOIA Mobility Services are booked as transport services for people, there is no right to withdraw according to statutory regulations.
After Booking a MOIA Vehicle, it is no longer possible to change the destination.
Booking for Fellow Passengers, use by minors, luggage
You can also (or only) order a Connection you requested for third parties (“Fellow Passengers”). You can enter the number of Fellow Passengers during the booking process, subject to availability for the Connection. You have to pay the fare for all passengers as part of the Booking.
You must inform Fellow Passengers about the present general terms and conditions and the MOIA Code of Conduct when placing the order at the latest. You shall be the contact person for any claims against Fellow Passengers. Upon request, you are required to provide the name and address of Fellow Passengers so that any applicable claims can be enforced.
You may book a journey for a minor as a guardian or with the consent of a legal guardian. You must ensure that minors are supervised to the required extent, if necessary. The MOIA Provider shall not assume any duties that involve supervising minors.
You must also take responsibility for ensuring that minors receive adequate protection with a child seat as required by law. You can book a child seat for a minor, if a child seat as required by law is available in the service area. You will find an overview over the child seats available in the Help-Center.
The transport of a minor under the age of six years is only permitted if accompanied by an appropriate supervisor.
The transport of a minor aged between 6 and 14 years is only permitted without the accompaniment of a supervisor if the minor demonstrates a sufficient level of maturity with respect to his or her stage of development and a legal guardian has provided written consent. This written consent must be presented to the driver on request.
It is permitted to transport a minor aged between 14 and 18 years if the minor demonstrates a sufficient level of maturity with respect to his or her stage of development and there is evidence of prior consent from the legal guardian.
You may carry luggage with you, as long as it does not impair the safety and order or inconvenience other passengers. The decision is in the sole discretion of the driver of the MOIA Vehicle. You are required to stow your luggage safely. You are not allowed to transport dangerous items.
The liability of the vehicle driver according to German road traffic regulations shall remain unaffected.
Payment of MOIA Mobility Services
All payment claims of a MOIA Provider against you based on the Booking of a Connection are due immediately.
You pay charges owed for MOIA Mobility Services and all possible others from or in Connection with the use of MOIA Mobility Services (e.g. claims for reimbursement, service fees etc.) via the MOIA App; we undertake the processing of your payment to the MOIA supplier in collaboration with a payment service provider.
You can store different payment methods or payment services on the MOIA App and remove them at any time.
If you use the payment function to pay unsettled charges for Booking a Connection, we shall use the payment method you have selected to debit the amount due from the associated payment account in each case.
As a rule, we refund amounts to the payment account you used to make the original payment to us.
When using a third-party payment service, the terms and conditions of the respective provider may apply in addition to these general terms and conditions. You may need to open a user account with a third party (usually at no charge) in order to use these payment services. We are not responsible for these payment services and we do not offer them ourselves.
The use of a third-party payment service may incur additional charges. You will be informed of these by the third-party provider. Our obligation to provide you with a customary and reasonable payment method at no charge under section 312a (4) of the German Civil Code remains unaffected.
MOIA Mobility Services may also be paid for using a travel pass (e.g. weekend, weekly, or monthly tickets), bundled offers (e.g. specific contingents) or purchased credit. The acquisition and use of such offers is subject to particular terms and conditions.
MOIA Mobility Services may furthermore be paid for using campaign vouchers (e.g. new customer, corporate customer, or “members get members” programs). The acquisition and use of such programs is subject to particular terms and conditions.
MOIA Mobility Services, waiting times, disruptions to operation
An obligation to provide transport only exists if you have booked a paid-for connection and transport is not prevented by unforeseeable circumstances for the MOIA Provider for which he is not responsible and which neither MOIA nor the MOIA Provider can avert or remedy at reasonable cost and effort, such as force majeure.
The driver may ask you for a Booking confirmation or to state your name in order to provide identification as you board the MOIA Vehicle.
You must get in and out quickly in order to shorten stopping times. When entering and exiting the MOIA Vehicle, you must behave in such a way that prevents causing a hazard to other road users.
In order to use a MOIA Mobility Service, you and your Fellow Passengers must be at the starting location displayed in the MOIA App at the specified departure time. The starting point will be shown on the MOIA App. If you are not at the starting location on time with your Fellow Passengers or fail to arrive, your entitlement to transport shall be canceled without replacement. The fare will not be refunded. Please note that any information in the MOIA App about the arrival of the MOIA Vehicle, the specific route, and/or the journey time may depend on external factors such as current traffic volumes or short-term road closures. These details are therefore to be understood as non-binding estimates.
You can use the MOIA App to track when the MOIA Vehicle is due to arrive at the starting point at all times. In the event of a delay, you and your Fellow Passengers are required to wait for the MOIA Vehicle for up to 15 minutes. If you leave the starting location with your Fellow Passengers before these 15 minutes have elapsed and do not wait for our MOIA Vehicle, we will charge you in full for the journey. If the delay exceeds 15 minutes, you will be given the option to cancel the Booking within the time shown in the MOIA App. If you cancel the trip, we will refund the fare.
It is not possible to exchange or refund a purchased ticket. Only in special cases of hardship may the MOIA Provider allow an exchange or a refund of the ticket for reasons of equity. Your statutory rights remain unaffected.
If a Booking cannot be carried out in full or in part, for instance due to technical or operational problems (e.g. a vehicle breakdown or traffic jam) or because a connection is no longer available (“Erroneous Booking”), you will be immediately informed via the MOIA App or by SMS, mobile, or e-mail. The fare will be refunded automatically in such cases. You can then book a new MOIA Vehicle using the MOIA App. New bookings are not made automatically for a MOIA Vehicle.
Liability for MOIA Mobility Services, user liability, MOIA Code of Conduct
If you incur damages in connection with the use of MOIA Mobility Services as a result of intent or gross negligence on the part of MOIA Operations or a Cooperation Partner, including their employees, organs, and/or legal representatives, MOIA Operations or the Cooperation Partner acting under the MOIA brand shall bear unlimited liability.
In the event of slight negligence, MOIA Operations or the Cooperation Partner, including their employees, organs, and/or legal representatives, shall be liable only if a material contractual obligation has been breached; the level of liability shall also be limited to typical damage of a foreseeable nature when the contract is concluded. Material contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes achievement of the contractual purpose, and obligations on whose observance you can regularly rely.
Furthermore, there shall be no liability on the part of MOIA Operations or a Cooperation Partner.
The limitations of liability governed by clauses C.5.2. and C.5.3. shall not apply if guarantees have been provided and for injuries to life, body, and health. Liability under the German Product Liability Act remains unaffected.
If there is an accident, you can report any loss or damages to our Help Center. Our customer service team will contact you without delay in such cases.
By using the MOIA Service, you shall be liable for any damage culpably caused by you and suffered by MOIA, MOIA Operations, a Cooperation Partner, or a third party. If, on this basis, there is reason for the user to pay compensation for damages to MOIA, MOIA Operations, or a Cooperation Partner, the level of liability for damages shall be dictated by the compensation amounts defined in these general terms and conditions and/or in the Table of Service Fees. The user is entitled to prove no loss has been incurred, or that any loss is significantly below the defined amount. The right to claim for damages exceeding the compensation amount remains reserved.
For transport in a MOIA Vehicle, the MOIA Code of Conduct shall apply to you. The aim of the MOIA Code of Conduct is to make passengers feel comfortable and, more important, safe in the MOIA Vehicles. In the event of a violation against the MOIA Code of Conduct and taking into account the seriousness of the infringement or any repeated infringement, we or the MOIA Provider may, in addition to the measures specified in clause B.4.8.: (i) issue you with a caution, giving you the opportunity to cease any incorrect behavior; (ii) refuse your transport without reimbursing the fare; (iii) demand compensation under clause C.5.6.; (iv) temporarily suspend your access to the MOIA App and any or all MOIA Services; and/or (v) terminate the App Usage Agreement without notice and delete your account.
MOIA Code of Conduct
MOIA aims to make life in urban areas more pleasant, safe, and attractive through innovative and environmentally friendly mobility services. For this to succeed, it is crucial that passengers feel comfortable and, more important, safe in MOIA vehicles. The MOIA Code of Conduct is applies to all passengers.
- Treating others with respect is a basic requirement when using our services. This means not only being polite to our driver, but also showing consideration and respect to other passengers and the property of other people.
- There is no place for illegal behavior in a MOIA vehicle. We will immediately report any violations of the local law to the competent authority as soon as they come to our attention.
- Behave as you would expect others to do. Be considerate and use the MOIA vehicle in a way that allows all other passengers to enjoy a comfortable and pleasant journey (“fair use”). You are liable for any damage you cause to the MOIA vehicle.
- Make it possible for other passengers to enjoy a pleasant driving experience and do not bother anyone with continuous phone calls or loud music and videos.
- Safety first. Follow your driver’s instructions throughout the journey and do not distract them while they are driving.
- You are required to fasten your seat belt as soon as you enter the MOIA vehicle. If you disregard the requirement to wear a seat belt, you will have to pay any official fine yourself.
- Individuals who pose a risk to the safety of passengers or the transport service due to a heavily intoxicated state or their behavior may not use the transport. Any booked journeys shall be canceled without a refund.
- There is a strict smoking ban.
- It is not permitted to consume food and alcoholic beverages in MOIA vehicles. You may drink non-alcoholic beverages on the condition that this does not cause any mess in the MOIA vehicle.
- In consideration of people with allergies, the transport of animals is prohibited.
- No form of harassment or sexually inappropriate behavior shall be tolerated. Without exception, any violation will result in immediate and permanent exclusion from our service and will also be reported to the appropriate authorities without delay.
- Behave with respect. You are prohibited from taking pictures, videos, or sound recordings of other passengers without their prior consent.
- We actively oppose discrimination and incitement to hatred in any form. Racist, nationalist, or sexist utterances are not tolerated in MOIA vehicles, and the same is true of any utterances that attack religious or ethnic groups, or that slur or insult other segments of society.
Cleaning of small-scale soiling
Basic cleaning of the vehicle interior
Deep cleaning of the vehicle interior (incl. disinfection)
Refurbishment of the wooden flooring
Replacement of the passenger monitor
Replacement of a seat