General Terms and conditions
MOIA Code of Conduct
Service fees

Terms of Transportation
Tariff Conditions

Annual report
Sustainability report

SECTION A – GENERAL TERMS

A.1.
Subject of contract and how MOIA works

A.1.1.
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”).

A.1.2.
Based on the terms of use for the MOIA App set out in Section B., MOIA allows the user (“user”, “you”) to use the mobile application provided by MOIA (“MOIA App”).

A.1.3.
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.

A.1.4.
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”.

A.1.5.
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”.

A.1.6.
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”.

A.1.7.
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.

A.1.8.
The terms and conditions of MOIA Mobility Services are set out in Section C.

A.1.9.
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.

A.2.
Booking of MOIA Mobility Services via Third-Party Platforms

A.2.1.
MOIA Mobility Services could be requested, booked, and paid via Third-Party Platforms.

A.2.2.
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.

A.2.3.
The use of a Third-Party Platform may incur additional charges. You will be informed of these by the third-party provider.

A.2.4.
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.

A.3.
Other General Terms

A.3.1.
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.

A.3.2.
Should any provision of these terms and conditions be ineffective or void, the validity of the remaining provisions shall remain unaffected.

A.3.3.
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.

A.3.4.
Your attention is drawn to the fact that neither MOIA nor MOIA Providers do participate in dispute resolution procedures before a consumer arbitration board.

A.3.5.
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.

A.3.6.
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.

A.3.7.
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.

SECTION B – MOIA APP TERMS OF USE

B.1.
Subject of contract, contractual partner MOIA App, reservation regarding availability

B.1.1.
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.

B.1.2.
The present MOIA App terms of use apply only to the MOIA App provided by MOIA and to the process of creating and managing the user account in order to allow the selection and booking of a MOIA Mobility Service from a MOIA Provider. The respective MOIA Provider shall be solely responsible for carrying out the Transport Contract in accordance with the provisions for MOIA Mobility Services (Section C.).

B.1.3.
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.

B.1.4.
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.

B.2.
MOIA App usage, registration and user account

B.2.1.
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.

B.2.2.
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.

B.2.3.
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.

B.2.4.
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.

B.2.5.
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.

B.2.6.
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.

B.2.7.
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.

B.2.8.
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).

B.3.
Using the MOIA App to book MOIA Mobility Services

B.3.1.
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.

B.3.2.
The MOIA Mobility Services are listed as chargeable in the MOIA App; your order is made when you click on the corresponding order button.

B.3.3.
For more details concerning the booking and performance of MOIA Mobility Services, please refer to Section C of these general terms and conditions.

B.4.
Granting of rights, MOIA App usage, legal consequences of infringement 

B.4.1.
You have the free, simple, non-exclusive, non-transferable right to use the MOIA App on your device.

B.4.2.
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.

B.4.3.
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.

B.4.4.
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.

B.4.5.
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.

B.4.6.
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.

B.4.7.
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. 

B.4.8.
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).

B.4.9.
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. 

B.4.10.
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.

B.5.
Managing payment details on the MOIA App

B.5.1.
The MOIA App gives you the option of storing and administering payment details for settling payment of any MOIA Mobility Services you have ordered.

B.5.2.
You need to keep your payment details up to date in order to make payments.

B.5.3.
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.

B.5.4.
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.

B.6.
Liability for MOIA App usage

B.6.1.
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.

B.6.2.
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.

B.6.3.
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.

B.6.4.
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.

B.7.
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

C.1.
Conclusion of a Transport Contract by booking via the MOIA App

C.1.1.
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.

C.1.2.
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).

C.1.3.
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”).

C.1.4.
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).

C.1.5.
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.

C.1.6.
After Booking a MOIA Vehicle, it is no longer possible to change the destination.

C.2.
Booking for Fellow Passengers, use by minors, luggage

C.2.1.
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.

C.2.2.
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.

C.2.3.
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.

C.2.4.
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.

C.2.5.
The transport of a minor under the age of six years is only permitted if accompanied by an appropriate supervisor.

C.2.6.
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.

C.2.7.
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.

C.2.8.
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.

C.2.9.
The liability of the vehicle driver according to German road traffic regulations shall remain unaffected.

C.3.
Payment of MOIA Mobility Services

C.3.1.
All payment claims of a MOIA Provider against you based on the Booking of a Connection are due immediately.

C.3.2.
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.

C.3.3.
You can store different payment methods or payment services on the MOIA App and remove them at any time.

C.3.4.
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.

C.3.5.
As a rule, we refund amounts to the payment account you used to make the original payment to us.

C.3.6.
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.

C.3.7.
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.

C.3.8.
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.

C.3.9.
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.

C.4.
Smart Saver

C.4.1.
Smart Saver can only be purchased in the MOIA app and with a valid user account. Smart Saver 25 and Smart Saver 50 are available for purchase. The booking of a Smart Saver is one-time and is not automatically renewed.

C.4.2.
Smart Saver gets you a certain discount on your fare for a defined period of time. With the Smart Saver 25, the fare is automatically reduced by 25 percent, with the Smart Saver 50 by 50 percent. The period for which the fare is reduced accordingly is 30 days from the time of purchase. After that, the normal, non-reduced fare applies again.

C.4.3.
Smart Saver can be combined with vouchers. If Smart Saver is combined with a voucher, the voucher is applied to the price already reduced by Smart Saver.

C.4.4.
Payment for Smart Saver is made using the same means of payment that you have already stored in your MOIA app. In all other respects, the provisions under C.3. of our Terms and Conditions shall apply accordingly.

C.4.5.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of the conclusion of the contract. To exercise your right of cancellation, you must inform us (MOIA GmbH, Alexanderufer 5, 10117 Berlin, e-mail: info@moia.io) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, e-mail). For this purpose, you can use the enclosed sample cancellation form (see point 4.6.), which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of cancellation with respect to this contract compared to the total scope of the services provided for in the contract.

C.4.6.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To MOIA GmbH, Alexanderufer 5, 10117 Berlin, info@moia.io:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

ordered on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of paper communication)

Date

(*) Delete where not applicable.

C.4.7.
The exchange or refund of a purchased Smart Saver after the expiration of the cancellation period is not possible. Only in cases of special hardship, the MOIA provider may allow an exchange or refund of the ticket for reasons of equity. Your legal rights remain unaffected.

C.4.7.
The value of the discount will not be paid or transferred. Smart Savers are not transferable. Penalties, service fees or other monetary claims not arising from mobility services are excluded from the scope of the Smart Saver. To use the Smart Saver, it may be necessary to have the latest MOIA App version installed

C.5.
MOIA Mobility Services, waiting times, disruptions to operation

C.5.1.
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.

C.5.2.
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.

C.5.3.
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.

C.5.4.
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.

C.5.5.
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.

C.5.6.
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.

C.5.7.
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.

C.6.
Liability for MOIA Mobility Services, user liability, MOIA Code of Conduct

C.6.1.
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.

C.6.2.
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.

C.6.3.
Furthermore, there shall be no liability on the part of MOIA Operations or a Cooperation Partner.

C.6.4.
The limitations of liability governed by clauses C.6.2. and C.6.3. 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.

C.6.5.
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.

C.6.6.
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.

C.6.7.
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.6.6.; (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.
 

Berlin, 23.02.2022

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. 

1. 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. 
2. 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.  
3. 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.
4. 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.
5. Safety first. Follow your driver’s instructions throughout the journey and do not distract them while they are driving.
6. 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. 
7. 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.
8. There is a strict smoking ban.  
9. 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.
10. In consideration of people with allergies, the transport of animals is prohibited.
11. 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.
12. Behave with respect. You are prohibited from taking pictures, videos, or sound recordings of other passengers without their prior consent.
13. 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. 

Stand: 29.07.2018

Service Fees

Service	Possible Reason	Fee
Cleaning of small-scale soiling	Small-scale soiling of the vehicle interior with food or liquid	€80
Basic cleaning of the vehicle interior	Soiling of the vehicle interior with food or liquid Violation of the no-smoking rule	€140
Deep cleaning of the vehicle interior (incl. disinfection)	Cleaning of vomit or strong-smelling liquids (e.g. alcoholic beverages)	€250
Refurbishment of the wooden flooring	Damage to the wooden flooring	€1840
Replacement of the passenger monitor	Damage to the passenger monitor	€2470
Replacement of a seat	Damage to a seat	€800

 

Terms of Transportation

PART A – GENERAL REGULATIONS

A.1 General Terms of Transportation

As far as no special regulations are made within these Terms of Transportation, the statutory regulations of the Ordinance on the General Terms of Transportation for Tram and Trolleybus transport as well as for Regular Service with Motor Vehicles (BefBed), as amended from time to time, shall apply.

A.2 Area of application

The Terms of Transportation apply to the transport contracts in association with MOIA in the territory of the Free and Hanseatic City of Hamburg.

A.3 Subject matter of the Contract and Operating Principles of MOIA

A.3.1. Passengers can book MOIA mobility services via the MOIA app, specifying their starting point and destination. They are shown the estimated boarding and arrival time as well as the price to be paid, conditionally upon the availability of a vehicle.  This transportation offer can be accepted by the passenger in the next step by clicking on the booking button. The MOIA vehicle then serves the respective trip request.

A.3.2. The use of MOIA mobility services requires the prior conclusion of a paid contract for the provision of such MOIA mobility service ("transportation contract"). The provider of MOIA mobility services and the contractual partner for the provision of transportation is either MOIA Operations Germany GmbH or a third-party provider acting under the MOIA brand or on behalf of MOIA.

A.3.3. MOIA mobility services can be requested, booked, and paid for via the MOIA app.

A.3.4 MOIA mobility services can also be requested, booked and/or paid for, with restrictions, via platforms of selected third-party providers ("third-party platform"). The conditions in B.1. apply here.

A.4 Other regulations

A.4.1. The place of jurisdiction for all disputes arising from the transport contract is the Free and Hanseatic City of Hamburg.

A.4.2. The European Commission has established a European online dispute resolution platform at http://ec.europa.eu/consumers/odr/. Consumers can use the online dispute resolution platform for out-of-court settlements of disputes arising from online sales or service contracts.

A.4.3. In the event of any inconsistency between the German and English versions of these Terms of Transportation or the MOIA Code of Conduct, the German version alone shall prevail.

A.4.4. The map material is partly integrated via Google Maps, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google's terms of use apply to the use of this third-party service.

PART B – CONDITIONS FOR MOIA MOBILITY SERVICES

B.1 Entitlement to transport, conclusion of the transport contract when booking via the MOIA app, restrictions

B.1.1. The booking of the transportation contract is made exclusively with the passenger's user account via the MOIA app or via the booking platform of a third-party provider, such as the HVV Switch app. The offer to book MOIA mobility services is subject to the explicit proviso that sufficient seats are available in the MOIA vehicle that satisfy the passenger’s booked service quality (e.g. child seat or disabled seat) and that the mobility services are used within the business territory and business hours.

B.1.2. When using a third-party platform, the terms and conditions of the respective third-party provider(s) may apply in addition to these Terms of Transportation. The third-party provider may request that you first open a user account in order to use the third-party platform.

B.1.3. MOIA is not responsible for the third-party platform and does not offer it. MOIA is not liable for errors in booking via a third-party platform unless it’s due to intent or gross negligence on the part of MOIA.

B.1.4. The passenger can correct any input errors before booking, for example the starting point, destination or the starting time. After booking, it is possible to cancel the connection free of charge within the time periods defined under B.4.7. According to the legal regulation, there is no right of cancellation for the booking of MOIA mobility services.

B.1.5. After booking a MOIA vehicle, it is not possible to change the destination or the number of passengers.

B.1.6. Discounts, with the exception of the discount for accompanied children, are generally granted for bookings made via the MOIA app as well as the hvv Switch app. For the duration of a transitional period until the implementation of the necessary technical functions within the hvv Switch App, the granting of discounts is only possible for bookings via the MOIA App. When claiming any discounts, the passenger is obliged to provide truthful information. If the circumstances entitling to claim discounts change, the passenger is obliged to take these circumstances into account when making the booking.

B.1.7. Due to technical reasons, the booking of an accessible vehicle for wheelchair users can only be made via the MOIA app. Passengers with limited mobility can only be transported in wheelchairs if capacities are available in the corresponding special vehicles. If no capacities are available within 60 minutes, the passenger will not be shown any travel options.

B.2 Booking for fellow passengers, Usage by people with severe disabilities and minors, luggage, wheelchairs

B.2.1. The requested connection can also be ordered (only) for third parties ("co-travelers"). The number of co-travelers is to be specified during the booking, depending on the availability for the connection. The booking passenger must pay the fare for all fellow passengers as part of the booking.

B.2.2. Passengers who are entitled to free transportation in accordance with § 228 SGB IX may book free rides in conformity with the legal provisions only for themselves and, if applicable, a registered accompanying person. The booking must be made via the MOIA account of the person with a severe disability, whose status is previously stored in the customer profile by Customer Service after verification of the legitimation documents (severely disabled person's ID card, supplementary sheet with token, ID card or other ID to establish identity). A free ride can also be booked exclusively for the accompanying person under the legal conditions. In the case of bookings for more than one seat, free transportation is provided only for the person with a severe disability making the booking and, if applicable, for the registered accompanying person. In addition, the usual tariff fees apply, whereby the first person traveling for a fee is treated like the first person traveling for a fee on a normal group trip; in this case, the full basic fee applies for the first person. Bookings exclusively for third parties who do not belong to the eligible group of persons within the meaning of § 228 SGB IX are also possible; for this, the passenger must switch off the status of free transportation in the app in advance. Bookings for additional or other people with severe disabilities who are not identical to the person making the booking are not possible.

B.2.3. Fellow passengers must be made aware of these Terms of Transportation and the MOIA Code of Conduct at the time of ordering at the latest. The passenger is the contact person for all claims against fellow passengers. Upon request, the passenger is obliged to provide the name and address as well as a contact option of the fellow passenger(s) so that claims against them can be enforced.

B.2.4. The passenger may book a ride for a minor as a legal guardian or with the consent of a legal guardian. The passenger shall ensure that a minor is supervised to the required extent. The MOIA provider expressly assumes no responsibility for the supervision of the minor. 

B.2.5. The passenger is responsible for ensuring that the minor is properly secured in a legally required child seat. A child seat for a minor can be booked via the MOIA app if the child seat is available in the respective business area. An overview of available child seats can be accessed in the Help Center.

B.2.6. Before the age of 6, minors may only be transported in the company of a supervisor.

B.2.7. Between the ages of 6 and 14, minors may be transported in the company of a suitable supervisor or unaccompanied if they are mature enough in terms of their development and have the written consent of their legal guardian. The written consent must be presented to the driving personnel upon request.

B.2.8. Between the ages of 14 and 18, minors may be transported in the company of a supervisor or unaccompanied if they are sufficiently mature in terms of their development and have the prior consent of their legal guardian(s). Otherwise, § 3 and § 4 (4) BefBedV apply accordingly.

B.2.9. The passenger is allowed to carry light luggage if this does not endanger the safety and order of the operation and other passengers are not inconvenienced. The final decision on this matter is made by the driving personnel of the MOIA vehicle. The passenger is obliged to stow their luggage safely. Dangerous objects may not be carried. Bicycles cannot be carried.

B.2.10. The driving personnel may direct passengers to specific seats if this is necessary for operational reasons or to fulfill the obligation to transport. Seats must be made available for severely disabled passengers, passengers with impaired walking ability, elderly or infirm passengers, expectant mothers, and passengers with small children.

B.2.11. The transport of baby carriages and wheelchairs, including electric wheelchairs, is only permitted if the design of the baby carriages, wheelchairs and vehicles permits it and there is no reduction in traffic safety. The driving personnel will decide on this on a case-by-case basis. Baby carriages and orthopedic aids always have priority over all other items.

B.2.12. The wheelchair is suitable as a seat if

1. there is a power knot system on the wheelchair,

2. the wheelchair is certified according to ISO 10542 or DIN-7176-19 (incl. test mark on the wheelchair),

3. the wheelchair does not exceed the max. width of 75 cm, max. length of 100 cm and max. height of 155 cm,

4. the weight of the wheelchair including the person sitting in it does not exceed 250 kg,

5. it is not a simple folding wheelchair, and

6. the wheelchair is undamaged.

The person using the wheelchair must ensure that their wheelchair meets these requirements. In addition, the wheelchairs must not have any attachments, medical equipment, etc. Passengers can only be transported sitting in a wheelchair if the dimensions and requirements mentioned are fully complied with and the wheelchair can be appropriately secured. Folding wheelchairs are only permitted if the passenger can get in and out independently. The folded wheelchair must then be stowed safely by the driving personnel.

B.2.13. The transfer of a person using a wheelchair to an ordinary vehicle seat is checked by the vehicle personnel before the start of the journey. If this proves possible, the vehicle personnel may, at their own discretion, make appropriate instructions, considering the suitability of the wheelchair for transportation.

B.2.14. There is no entitlement to the carriage of animals. This does not apply to guide dogs accompanying a blind person, guide dogs for the disabled and assistance dogs. The animals carried must be accommodated and supervised in such a way that the safety and order of the operation is not impaired and passengers are not endangered or inconvenienced. Animals may only be carried on a leash or otherwise secured and under the supervision of a suitable person. The carriage of animals on vehicle seats is prohibited.

B.2.15. If the passenger finds lost property, they must hand it over directly to the driving personnel. Lost items are returned to the owner by the lost and found office of the transport operator against payment of a fee for storage. Immediate return to the owner by the driving personnel is permitted if the owner can identify himself/herself as the owner of the lost property. The owner of the lost item must confirm receipt of the item in writing.

B.3 Payment of MOIA Mobility Services

B.3.1. For transportation, the established transportation fees must be paid. The applicable tariff can be viewed at moia.io/tariff.

B.3.2. Costs only arise when the MOIA mobility services are ordered bindingly in the MOIA app ("booking"). All payment claims related to the Booking are due immediately.

B.3.3. Payment for MOIA mobility services and any other fees owed from or in connection with the use of MOIA mobility services (e.g., refund claims, service fees, etc.) will be made via the MOIA app; MOIA will handle the payment to the MOIA provider together with a payment service provider. MOIA is not obligated to provide a booking with cash. The booking is only possible via the respective booking platform with electronic means of payment.

B.3.4. It is possible to store various means of payment or payment services in the MOIA app and remove them at any time. 

B.3.5. MOIA debits the selected payment account belonging to the means of payment with the respective due amount if open charges for the booking of a connection are to be cleared.

B.3.6. As a rule, MOIA makes repayments to the payment account the original payment was made with.

B.3.7. When using third-party payment services, the terms and conditions of the respective provider(s) may apply in addition to these Terms of Transportation. The provider of the payment services may require that you first open a user account in order to use these payment services. MOIA is not responsible for these payment services and does not offer them itself.

B.3.8. Additional charges may apply when using third-party payment services. These will be communicated by the payment service provider. Our obligation according to § 312 (4) BGB to provide a common and reasonable free payment option remains unaffected.

B.3.9. Payment for MOIA mobility services may also be made, where applicable, with the help of package offers (e.g. certain trip quotas) or from purchased credits. Purchase and redemption are governed by the specific terms and conditions of the respective offer.

B.3.10. MOIA mobility services can be paid for using promotional vouchers (e.g. new customer, corporate customer or member-get-member programs). The promotional voucher must have been deposited and activated in the app prior to booking. Purchase and redemption are governed by the special conditions of the respective program. 

B.3.11. The exchange or refund of a booked trip is not possible. Only in cases of special hardship, MOIA may allow an exchange or refund of the booking for reasons of equity. The passenger's statutory rights remain unaffected. Otherwise, § 10 BefBedV shall apply accordingly.

B.4 MOIA Mobility services, Waiting time, Disruptions in operation

B.4.1. An obligation to provide transportation exists in principle if the passenger has booked a connection for which a charge has been made and transportation is not prevented by circumstances unforeseeable by the MOIA provider and for which the MOIA provider is not responsible and MOIA or the MOIA provider cannot avert or remedy these circumstances through reasonable expenditure, e.g., force majeure.

B.4.2. Upon entering the MOIA vehicle, the driving personnel may ask the passenger for the booking confirmation or name for identification purposes. Persons with severe disabilities who are transported free of charge must also show the driver their severely disabled person's ID card and supplementary sheet with token without being asked to do so.

B.4.3. Passengers must board and disembark quickly to shorten the stopping time. When boarding and exiting the vehicle, passengers must behave in such a way that they do not endanger other road users. Boarding and exiting is only possible at the (virtual) stops. The available seat belts are to be used. All passengers must remain seated until the vehicle stops. Sudden and heavy braking of the vehicle is to be expected.

B.4.4. To use MOIA mobility services, the passenger and their fellow passengers must be at the starting point at the departure time displayed in the MOIA app. The starting point is displayed in the MOIA app. Please note: Any information in the MOIA app regarding the arrival of the MOIA vehicle, the specific route and/or the travel time may depend on external factors such as the current traffic volume or short-term closures and are therefore only non-binding estimates.

B.4.5. Using the MOIA app, it is possible to track the arrival of MOIA vehicle at the starting point. In case of delays, the passenger and their fellow passengers are obliged to wait up to 15 minutes for the MOIA vehicle.

B.4.6. If the delay exceeds 15 minutes, the passenger will be given the opportunity to cancel the booking within the time displayed in the MOIA app. If the cancellation is used, MOIA will refund the fare to the passenger.

B.4.7. In the case of an ad-hoc booking with an immediate trip request, cancellation is possible free of charge up to 60 seconds after booking. In the case of a pre-booking, a trip can be cancelled free of charge up to 60 minutes before the start of the trip. Otherwise, § 9 and § 10 BefBedV apply accordingly.

B.4.8. MOIA may charge a cancellation fee up to the amount of the total fare if the passenger is not at the starting point or a cancellation is made outside the exceptions in B.4.6. and B.4.7. The fare is not to be paid additionally.

B.4.9. If a booking is not or not completely feasible, for example due to technical or operational problems (e.g. vehicle breakdown, traffic jam) or because a connection is no longer available ("incorrect booking"), the passenger will be informed immediately via the MOIA app, by SMS, cell phone or e-mail. In this case, the fare is automatically refunded. A new MOIA vehicle can be booked via the MOIA app. A new booking of a MOIA vehicle is not made automatically. The passenger's statutory rights remain unaffected.

B.5 Liability for MOIA Mobility Services, User Conduct and Liability, MOIA Code of Conduct

B.5.1. On-demand transports bundle the travel requests of several passengers. To reach the individually desired destination, there is therefore neither a claim to transport on a specific route nor a claim to completion of the journey within the journey time forecast at the time of booking, as both parameters depend on the number and destinations of all passengers of the respective on-demand transport. Unless otherwise provided for by law, deviations from the planned journey time due to traffic obstructions, operational disruptions or interruptions do not justify any claims for compensation; in this case, no guarantee is provided for the adherence to connections.

B.5.2. MOIA Operations Germany GmbH or any of its cooperation partners, including their employees, executive bodies and/or legal representatives, shall be liable without limitation for personal injury insofar as this is attributable t

Tariff Conditions

A.     General Information

The fare is calculated as the sum of the basic fee and the convenience surcharge, minus any discounts. All prices are inclusive of value-added tax.

B.     Basic Fee

A basic fee is to be paid for each passenger of a booking. The amount of the fee depends on the number of passengers in a booking:

• In case of one person booking a trip, the basic fee is 4 Euros.
• For the second passenger, an additional basic fee of 2 Euros must be paid.
• For every further passenger an additional basic fee of 1 Euro each is to be paid.

C.    Comfort Surcharge

In addition to the basic fee, a dynamic comfort surcharge is to be paid. The amount of the comfort surcharge depends on the situational interaction of various influential factors. The main influential factors are:

• The parameters of the requested trip itself (e.g. day of the week and time, estimated trip duration, start/finish relation).

• The current environmental conditions (e.g. weather, traffic situation, major events).

• The current operating situation (e.g. distribution of vehicles in the urban area, charging status, supply/demand ratio, empty kilometers required to bring in a vehicle).

• Number of passengers per booking (as a rule, the comfort surcharge per person decreases as the number of passengers increases, based on the basic charge).

In addition to the situational features, the comfort surcharge is increased by the use of the advance booking option (,,Pre-Booking") depending on the respective time of booking.

The comfort surcharge is calculated on a non-discriminatory basis. Personal characteristics of the passengers, such as place of residence, age or previous travel history, are not taken into account in the pricing process.

Die aktuellen Umgebungsbedingungen (z.B. Wetter, Verkehrslage, Großveranstaltungen).

D.    Price Limits

The lower limit of the dynamic comfort surcharge is 0 Euros.

The upper limit of the comfort surcharge is determined by the number of passengers per booking and the distance between the point of departure and the point of arrival. The shortest usable route between the nearest stops to the respective departure and destination at the time of booking is decisive.

For the first passenger of a booking, the upper limit of the comfort surcharge is 2,40 Euros per kilometer. For the second passenger of a booking, the upper limit is 2,20 Euros per kilometer. For each additional passenger, the upper limit is 2 Euros per kilometer.

The absolute limit of the total fare for bookings with up to 6 people is 70 Euros.

E.     Service Option „Express“

MOIA offers passengers the "Express" service option before completing the booking, which can be selected in addition to the standard pooling service ("Classic") by paying a surcharge.

In the express service, the maximum communicated/announced trip duration is shorter than in the standard pooling service ("Classic"). In addition, passengers are offered shorter walking distances to the boarding and drop-off points. Passengers also know the specific stop to which they have to go when boarding before completing the booking.

The additional fee for the "Express" service option is at least 0.50 Euros.

F.     Pre-Booking

("Pre-Booking") As an alternative to the immediate trip, passengers can book a trip for up to 23 hours in the future. The passenger can select the desired start of the journey when booking. Pre-booking a trip may result in additional costs within the calculation of the dynamic comfort surcharge.

G.    Wheelchair transportation

The wheelchair service is booked at no extra charge to the fare components regulated in the tariff.

H.    Free Transportation

Accompanied children between the ages 0 to 14 are transported free of charge.

Severely disabled persons are transported free of charge within the requirements of § 228 SGB IX. A severely disabled person's ID card with a valid token must be presented during the booking process.

The accompanying person of a severely disabled person is also transported free of charge if the eligibility to bring an accompanying person is proven and this is stated in the ID card of the severely disabled person.

Additional services, in particular the "Express" service option and the advance booking function, can be booked in addition by the holder of the severely disabled ID card. In this case, the difference may be charged.

I.      Discounts

The following discounts are granted on the total amount under the above conditions.

• The HVV discount is 1 Euro per trip. It applies if the booking customer has an HVV subscription. The discount can be applied once per booking and can be combined with other discounts; it is applied before any percentage discounts. The progressive pricing results in a lower total price for the other passengers of the booking as well.
• Children traveling alone between the ages of 6 and 14 receive a 50% discount.
• Subscriptions consist of a permanent discount granted in exchange for a monthly payment. "Smart Saver 25" and "Smart Saver 50" grant a 25% discount and a 50% discount on the total price, respectively.

J.      Schematic Illustration

	1st Passenger	2nd Passenger	Additional Passenger	Children up to the age of 14
Basic Fee	4 EUR	2 EUR	1 EUR	Free of charge when accompanied by an adult 50 % if alone
Comfort Surcharge	Dynamic based on non-person-related factors, for details cf. tariff conditions
Upper limit for comfort surcharge	2,40 EUR per kilometer of the shortest route	2,20 EUR per kilometer of the shortest route	2,00 EUR per kilometer of the shortest route
Absolut limit of the total fare for bookings	70 EUR
HVV-discount	1 EUR	1 EUR if alone

As of: 14.12.2022 - valid from 01.01.2023 (start of operation)