Terms&Conditions

Last updated on 01 May 2019

Content

1. These Terms of Service (“ToS”) regulate the business relationship between BRIZ Mobility Limited Ltd., Clifton House, Fitzwilliam Street Lower, Dublin 2, D02XT91, Ireland (“we”, “us”, “our”, “BRIZ”) and natural persons who want to use our Electric Scooters in Switzerland (“you”, “your”).

2. These ToS and the respective Price List (hyperlink) shall apply to the BRIZ Rental Contract concluded when you register a BRIZ user account, to each purchase of a Subscription or to each Single Vehicle Rental during your BRIZ journey. By accepting these ToS you agree to be bound by its terms and the current Price List (“Price List”) (hyperlink) as amended from time to time.

3. Customers who wish to rent out vehicles in Switzerland, the French or German text of these ToS shall prevail. The English version is for information purposes only. Customers who wish to rent out vehicles in other countries, the respective text of the ToS of that country is the legally binding version.

1. Definitions

Terms in capital letters used in these ToS have the meaning assigned to them in these ToS.

Electric Scooter means the electric scooter made available by BRIZ for rent that is equipped with or consists of a board, a handle, a front and rear light, brakes, tires and IoT module with GPS device in it.

Electric Scooter Rental means the rental of an Electric Scooter via the BRIZ App. BRIZ Account means a personal account provided to you by BRIZ after a successful registration.

BRIZ App means the software application developed by BRIZ which operates on Android and iOS operational systems enabling Electric Scooter Rental and return of Vehicles.

BRIZ Website means the official website of BRIZ, accessible under http://www.briz.app/.

BRIZ Rental Contract means the contract that is concluded between you and BRIZ for each Single Vehicle Rental or Subscription.

Force Majeure Event means the occurrence of any event or circumstance beyond the control of BRIZ. Force Majeure Events include (i) natural disasters, explosions, fires, floods, earthquakes, epidemics, catastrophic weather conditions, atmospheric disasters or other elements of nature, (ii) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, rebellion, sabotage, (iii) exceptional traffic and road situations and (iv) strikes, lock-outs, and civil unrest.

Single Vehicle Rental means each individual rental of Electric Scooter beginning with the confirmation of the booking in accordance with section 4.1 paragraph (1) of these ToS. Other Driver means any person using a Vehicle you rented on your account with your authorization.

Operating Area means the Area within the boundaries of which the Vehicles can generally be rented and returned. The Operating Area can be viewed, on the BRIZ Website and in the BRIZ App.

Rental Time means the period of time between the confirmation of the booking in accordance with section 4.1 paragraph (1) of these ToS and the end of the BRIZ Rental Contract in accordance with section 5 of these ToS.

Services means the entirety of services offered by BRIZ including rental of Vehicles together with the provision of the BRIZ App all as described in these ToS, as available in your country of residence.

Subscription means the continuous subscription for purchase within the App, including a certain number of time-limited vehicle rentals within a certain time period (e.g. monthly or annual pass subscription).

ToS means these terms of service including the Price List (hyperlink) that apply to each BRIZ Rental Contract. Vehicle(s) means Electric Scooters or potentially another device, made available by BRIZ.

2. Contractual Object

2.1 Subject to the terms of these ToS and the Price List (hyperlink), as amended from time to time (see section 10 of these ToS), BRIZ offers the possibility to rent and use Vehicles made available by BRIZ in the Operating Area on a pay per ride basis and, as the case may be, under a one-day or under a subscription as indicated in the BRIZ App and Price List (hyperlink), subject to availability. Locations and categories of Vehicles available at your location will be displayed in the BRIZ App. The Vehicles and all rights to the Services are and remain the exclusive property of BRIZ at all times.

2.2 Electric Scooters are currently not offered in all countries in which BRIZ operates. The countries where Electronic Scooters are offered are from the BRIZ App.

3. BRIZ App and Website

Account You can rent available Vehicles via the BRIZ App which can be downloaded from online application stores or the BRIZ Website.

3.1 Registration

A. Before you can rent our Vehicles, you must register a BRIZ Account via BRIZ App. When registering, you must provide your phone number to BRIZ. Alternatively, you can also register via your Facebook or Google account. To create an account, you must be 18 years of age or older. After successful registration, you will gain access to your BRIZ Account, through which you can rent vehicles.

B. Setting up a BRIZ Account is free.

C. You are obliged to provide truthful and complete information during registration and to keep it up to date.

D. You are obliged to inform BRIZ immediately of changes to your personal data, in particular regarding your billing information.

E. Your access data (username, password) for the BRIZ Account are individualised and may only be used by you. You may not grant third parties access to your BRIZ Account or use the BRIZ Account of a third party. You are responsible for the confidentiality of your access data. BRIZ is not liable for any loss that you may incur as a result of someone else using your account, except if such use was caused willfully or negligently by BRIZ. You are liable for any loss or damage resulting from the use of your account by third parties if such use was caused by you intentionally or negligently. In case of suspected misuse of your access data by a third party, you must notify BRIZ immediately under the contact details as provided at the end of these ToS.

3.2 Network Access and Device

A. You are responsible for the network connections on your device that are required to use the Services and for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of Our Services. You are responsible for acquiring and updating network-enabled (mobile) devices needed to use the BRIZ App.

B. You acknowledge that BRIZ´s Services are provided over the Internet and mobile networks, the quality and availability of the Services may be affected by factors beyond the control of BRIZ. BRIZ makes no warranty that the Services or any part thereof will work on all devices.

3.3 Notifications

By setting up a BRIZ Account, you agree that BRIZ may send you informational text messages (SMS), emails, and push notifications as part of the normal business operation. Advertising will only be sent to you if you has expressly consented to it.

4. Single Vehicle Rental

4.1 Rental Period

A. The Single Vehicle Rental will commence once you indicate your desire to rent a Vehicle through the BRIZ App and BRIZ confirmed the rental, in case of an Electric Scooter Rental the electric power of the Electric Scooter, shall be activated.

B. The Single Vehicle Rental ends once a Vehicle is returned in accordance with section 5 of these ToS or if BRIZ terminates the Single Vehicle Rental in accordance with these ToS.

C. During the Rental Time, you are responsible for the Vehicle.

D. You must not leave a Vehicle unattended at any time during the Rental Time. Each time the vehicles are parked, use the kickstand on the Vehicle.

E. In principle, you may only rent one Vehicle at a time on your BRIZ Account. If and to the extent this is expressly offered via BRIZ App, you may rent a few Vehicles at a time. If you rent more than one Vehicle and leave one or more Vehicles to Other Drivers, you are responsible to inform such Other Drivers of all obligations arising from these ToS. You are liable to Vehicles for the actions of Other Drivers to whom you assign a Vehicle for use, as your own responsibility.

4.2 Availability; Maintenance

A. Vehicles are rented subject to availability on a first come, first-serve basis. Although BRIZ strives to meet the demand for the Vehicles, BRIZ cannot guarantee that supply will be adequate to provide a Vehicle to every customer at any time.

B. BRIZ is responsible for the daily maintenance and repair of the Vehicles. However, BRIZ guarantee that all Vehicles available are in a trouble-free condition at any time.

4.3 Terms of Use

A. As a precedent condition for each BRIZ Rental Contract, you acknowledge and agree that:
a) you are experienced and familiar with the safe handling of the selected vehicle;
b) you are physically and mentally fit to ride the Vehicle you chose;
c) you are required to wear a helmet if the rental area in which you rent the vehicle is legally compulsory or imported;
d) you are familiar with all applicable local, state, and county rules, regulations, codes, and laws that relate to the safe and legal operation of an electric scooter as the case may be.
e) you are aware that riding an electric scooter on the road due to motorists, pedestrians and road conditions can present an accident risk and you must drive
carefully to avoid such accidents;
f) you are in a position to operate and drive the selected Vehicle properly, and you are not relying on BRIZ to explain to you how to operate or ride such Vehicle;
g) you are aware that the use of a helmet and/or protective clothing cannot preclude the risk of personal injury in the event of an accident.

B. You further acknowledge and agree that:
a) you undertake to comply with the Swiss Federal Road Traffic Act (SVG);
b) you are responsible for the procurement of a helmet and/or other protective clothing;
c) you are responsible for the quality and correct use of the protective clothing you use;
d) you are responsible for treating the chosen Vehicle with care and professionalism;
e) you are liable during the rental period for traffic violations committed by you and any resulting costs and fees, including any fees for improper parking of the vehicles;
f) BRIZ reserves the right to identify you to Authorities if you commit a traffic violation during the rental period or if BRIZ is required by law to provide information for other reasons;
g) BRIZ is under no obligation to take out insurance in your favour;
h) you will be solely responsible for any damage caused to another person while using the Vehicle unless such damage was caused by an intentional or negligent act of BRIZ;
i) you are obliged to adapt your driving behaviour to the weather conditions at all times;
j) you are not allowed to remove or modify any accessories, parts or components of a vehicle;
k) you may not use a Vehicle without intention to pay the charges;
l) you may return the Vehicle outside the Operating Area as shown in the App, subject to additional fees in accordance with the Price List (hyperlink).

4.4 Obligation in the Event of an Accident

You must notify BRIZ under the contact details provided at the end of these ToS and the local police immediately if (i) an accident occurs during your rental of the Vehicle involving not only you but also third-parties and/or their property, or (ii) if a Vehicle is damaged or stolen during Rental Time by third parties. You are liable for any damages incurred by BRIZ arising from the culpable violation of this obligation.

4.5 Checking the Vehicle

A. You must inspect the Vehicle for any visible defects before the start of the journey;
B. In particular, test the Electric Scooter’s operation components (board, a handle, a front and rear light, brakes, tires and a GPS device);
C. You are obliged to notify the BRIZ (under the contact details provided at the end of these ToS) if during the rental period you determine that the selected Vehicle has a technical defect or malfunction that could obviously affect the Vehicle's driving or roadworthiness. BRIZ will cancel the BRIZ Rental Contract free of charge if you inform BRIZ about a defect that may affect a Vehicle´s roadworthiness within the first ten minutes after rental. Subject to section 8.2 paragraph 2 (BRIZ´s LIABILITY), the Vehicle shall be deemed to be free from damage if you do not notify BRIZ of any apparent defect within the first ten minutes after the
rental date.

4.6 Prohibited Use

The vehicles must not be used:
a) If the person who is supposed to ride the Electric Scooter is younger than 18 years of age, unless this person is accompanied by an adult;
b) If the person who is supposed to ride the Vehicle has any existing physical or mental condition that would prevent such person from safely operating the Vehicle;
c) To carry objects which because of their shape, size or weight are likely to affect the ability of the driver to operate the Vehicle safely or to damage the Vehicle;
d) If the person who is supposed to ride the Vehicle is under the influence of alcohol, drugs, or any other substance that may impair the person's ability to safely operate the Vehicle;
e) During the use and/or operation of mobile phones or other electronic devices that may distract the driver from the safe operation of the Vehicle;
f) In adverse weather conditions like hail, dust storms, heavy fog, heavy rains, or thunderstorms;
g) If the Vehicle has a manifest technical defect that could affect the Vehicle's roadworthiness and the safety of the traffic;
h) For violating the regulations of the Swiss Federal Road Traffic Act (SVG), if you are using the Services in Switzerland.
i) For races, jumps, stunts, tricks riding, obstacle courses or similar uses and/or off-road trips;
j) For any commercial purposes;
k) For the purpose of towing, pulling, carrying, or pushing any person or object with a Vehicle;
l) For the purpose of committing crimes.

5. Return of a Vehicle and Termination of Single Rentals

5.1 You must return the Vehicle in the same condition as when received. Vehicles must be freely accessible to third parties after a return.

5.2 The rental period ends in the event of an Electric Scooter Rental (i) when the Electric Scooter is properly parked and locked at any legal, freely accessible parking location within the boundaries of the Operating Area, (ii) you have indicated the end of the rental via the BRIZ App and (iii) BRIZ confirms the return of the Electric Scooter via the BRIZ App.

Vehicles can be charged for an additional fee according to the applicable Price List (hyperlink) returned outside the Operating Area. After a successful return of a Vehicle, you can view the rental process including the entire rental period and the costs incurred in the BRIZ app.

5.3 If the return of a Vehicle fails, eg due to a weak battery of your device or missing internet connection, you must notify the BRIZ as soon as possible via the BRIZ App or via the contact details provided at the end of these ToS. In such a case BRIZ closes the BRIZ Rental Contract manually. In addition, BRIZ reserves the right to terminate the BRIZ Rental Contracts if you do not use a Vehicle within a period of 24 hours after the commencement of the BRIZ Rental Contract.

5.4 For a period of 24 hours after the return of a Vehicle, you must be able to provide BRIZ with information about the exact location of a returned Vehicle upon request.

5.5 When parking a vehicle you are obliged to follow road traffic regulations and specific conditions of the Operating Area. You must make sure that the Vehicle does not hinder other road or sidewalk users or other third parties. In particular, you must not park the Vehicle at trees, traffic signs, traffic lights, parking meters, parking ticket machines, fences to property of third parties, benches, containers, litter bins, in front of or near emergency exits and fire department service zones, in front of driveways and exits, lowered curbstones, on access paths to public transportation, bicycle lanes, orientation aids for the blind, pedestrian crossings, in buildings, backyards, vehicles, parks and green spaces or where the Vehicle covers advertisements, urban furniture when the destination or functionality of the covered item is impaired or when the Vehicle damages or deteriorates the item´s condition, in the areas reserved for loading and unloading, in places reserved for other users or services and, in general, in any other places forbidden by local regulations of the city in which you are driving the Vehicle.

5.6 You may not park the Vehicles on areas for which temporary, daily or time-related holding or parking bans exist (e.g. due to upcoming markets, parties, filming, etc.). You are also not permitted to park a vehicle on an area that is being stopped or parked in less than 24 hours after the Vehicle has been parked. For example, if such a ban begins at 09.00 o'clock one day, the Vehicle must not be parked after 09.00 o'clock the day before in the affected area.

5.7 If you park the Vehicle in violation of the aforementioned provisions, we will charge you for any resulting costs in accordance with the applicable Price List (hyperlink), In addition, if the Vehicle is parked in violation of the provisions of Section 5.2, the rental period will continue to be chargeable until the Vehicle is returned in accordance with these provisions, but no later than 24 hours after the Vehicle has been parked in breach of these ToS. The corresponding fees will not be charged if and to the extent that you can prove that you are not responsible for the damage claimed by BRIZ, that no damage has occurred or that the damage actually incurred is lower than the costs charged to you.

6. Payment; Invoicing and Balancing

6.1 You agree to pay the prices of the chosen tariff in accordance with the applicable Price List (hyperlink), The valid price list can be viewed on the BRIZ Website and in the BRIZ App. In addition, the applicable tariff for the single rent will be displayed before the rental begins. BRIZ is entitled to amend the Price List (hyperlink) at any time for future bookings in accordance with section 10 of these ToS.

6.2 If a Vehicle is returned outside the Operating Area, additional fees are due according to the current Price List (hyperlink).

6.3 Different rates may apply to different categories of Electric Scooters or Vehicles as indicated in the BRIZ App or BRIZ Website.

6.4 Fees for a BRIZ Rental Contract are due at the end of the BRIZ Rental Contract. Payments for Subscriptions (Monthly or Yearly) are due at the beginning of each contract month or contract year.

6.5 After Registration, BRIZ sets up a credit account (“Credit Account”) for you, which you may charge with money at any time. You can choose between different payment methods as your preferred (“Preferred Payment Method”). So you can pay the amounts due by credit card (Visa, Mastercard or Maestro) or with PayPal. For payment by Credit Card BRIZ uses the _______ and for payments with PayPal, BRIZ uses the PayPal Sdk (for more information see section 9 of these ToS). If you deposit PayPal as your preferred payment method, you will be prompted to log in to your PayPal account using your email address and password to confirm.

6.6 If and to the extent you have a credit balance (“Credit Balance”) on your Credit Account, the Credit Account for all due payments and then the Preferred Payment Method for all other payments due will be debited first. BRIZ may from time to time and at its own discretion provide you with bonus amounts (“Bonus Amounts”). Bonus amounts are listed separately by BRIZ within the BRIZ App ("Bonus Account"). You can view the total balance of your Credit and/or Bonus Account at any time in the BRIZ App. If and to the extent you have a balance on your Bonus Account, BRIZ will use first and foremost such balance. If and insofar as you have bonus amounts, BRIZ will first debit the Bonus Account with the amounts due. If there is no or insufficient credit on the Bonus Account, BRIZ will deduct the (remaining) amounts from your Credit Account and/or your Preferred Payment Method.

6.7 You may not transfer your Bonus Amount or Credit Balance to other users of the BRIZ App or any other third party.

6.8 There is no expiry date for your Credit Balance during the term of your use. In the event of termination, any Credit Amounts existing shall upon your request be transferred to a designated bank account as set out in section 7.1 paragraph (5) of these ToS. Any remaining bonus amounts will automatically be forfeited and will not be refunded to you, nor may these amounts be used to pay any payments owed to you by BRIZ.

6.9 All costs stated in the Price List (hyperlink) are inclusive of applicable taxes required by law (e.g. value added tax).

6.10 Should a due payment fail for reasons for which you are responsible, you owe BRIZ the applicable costs in accordance with the relevant Price List (hyperlink) unless you can prove that no costs have arisen or the actual costs incurred are lower than BRIZ asserted.

6.11 In the event of late payment, BRIZ is entitled to discontinue the services until you meet your payment obligations.

6.12 BRIZ automatically deducts all amounts due from your Bonus Account, your Credit Account and/or your Preferred Payment Method without prior notice. Objections to such recoveries must be made to BRIZ within 14 days of collection in writing (e.g. by e-mail).

7. Term and Termination

7.1 Term and Termination of the BRIZ Rental Contract

A. The BRIZ Rental Contract concluded for an indefinite period.
B. The monthly pass Subscription can be cancelled by you at any time without notice by giving notice in writing (e.g. e-mail or BRIZ App).
C. The annual pass Subscription can be cancelled by you at any time without notice by giving notice in writing (e.g. e-mail or BRIZ App).
D. It is not possible to terminate the BRIZ Rental Contract before the end of a Single Vehicle Rental or a Subscription.
E. Notice of termination from BRIZ must be given in text form (e.g. by email, SMS or by App notification). you may cancel a Subscription directly in the App or by sending us a termination notice in text form (e.g. via email).
F. Upon termination of the BRIZ Rental Contract, BRIZ will collect any outstanding fees within 14 working days and then reimburse you any balance of your credit, provided you communicate the data of a due bank account to BRIZ via the contact details pursuant to section 17 of these ToS.
G. You can terminate a BRIZ Rental Contract at any time by returning the Vehicle in accordance with section 5.2 of these ToS.

7.2 Extraordinary Termination Right The extraordinary right of termination of the parties shall remain unaffected by sections 7.1 and 7.2 of these ToS

8. Liability and Limitation of Liability

8.1 Your Liability

A. In principle, you are liable for damage to a Vehicle or for damage caused by BRIZ due to theft or loss of a Vehicle in accordance with the statutory provisions. Your liability in case of slight negligence is limited to a maximum amount of CHF 450 for damages to an Electric Scooter.
B. For damage caused by BRIZ due to a breach of these ToS, in particular to section 5 of these ToS, you are also liable according to the statutory provisions. If and as far as in the Price List (hyperlink). In each case, you are entitled to prove that no damage or impairment has occurred at all or is significantly lower than the flat rate. On the other hand, BRIZ reserves the right to determine that higher damage has occurred.
C. You are obligated to indemnify, and hold BRIZ, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with (i) your willful or negligent violation of these ToS, (ii) your willful or negligent violation of third party rights, or (iii) your leaving of Vehicles to Other Drivers.

8.2 BRIZ’s Liability

A. BRIZ is fully liable to you in the event of a culpable breach of material contractual duties (“Cardinal Obligations”) by BRIZ, BRIZ’s legal representatives or vicarious agents. Cardinal Obligations are all obligations whose breach would jeopardize the achievement of the contractual purpose, as well as all obligations whose fulfilment enables the proper performance of the agreement in the first place and on which you can generally rely and trust. If the breach of a Cardinal Obligation is due only to slight negligence and does not result in injury to life, limb or health, your claims will be limited to damages in the amount of the typically foreseeable damage at the time the service provided.
B. BRIZ is fully liable in cases of intent and gross negligence as well as for damages resulting from injury to life, limb or health by BRIZ, BRIZ's legal representatives or vicarious agents.
C. BRIZ is liable under the Product Safety Act (SR 930.111).
D. The liability of BRIZ, BRIZ's legal representatives, employees and vicarious agents is excluded in all cases other than those mentioned in section 8.2 paragraph 1 to paragraph 3. BRIZ is released from the provision of the services, provided and insofar as the provision of force majeure is rendered impossible or considerably more difficult. BRIZ will inform the customer immediately if necessary.
E. Insofar as the liability of BRIZ is limited or excluded according to the above provisions, this shall also apply to the personal liability of the legal representatives, employees and vicarious agents of BRIZ.

9. Privacy Notice

9.1 BRIZ collects, processes and uses personal data which you provide during registration and use of the Services, such as your mobile phone number, email address and bank details as well as personal data related to your usage of the Vehicles, such as the place of departure, arrival, rental period, insofar as required for performance of the Services and in compliance with the provisions as set forth in the European General Data Protection Regulation (“GDPR”) and associated implementation provisions. This data processing is based on Art. 6 para. 1 letter b of the GDPR. Furthermore, BRIZ processes such data to identify any usage of Vehicles in breach of these ToS and/or in breach of road traffic rules and to process recourse claims for which BRIZ would be liable as the Vehicle keeper on the basis of Art. 6 para. 1 letter b and c of the GDPR.

9.2 BRIZ engages payment service providers for process payments. For payment by credit card, we use the payment service provider PayAlly, PayAlly Limited is a company registered in England and Wales (company number 10600055), Authorized Payment Institution license Nr. 774327 issued by Financial Conduct Authority of United Kingdom. If you choose payment by credit card as your Preferred Payment Method, the credit card details you enter will be transmitted to PayAlly. PayAlly may only use these details in order to process credit card transactions that you have initiated. PayAlly’s privacy policy can be found here: https://payally.eu/privacy-policy. The data are transmitted to BRIZ´s service providers on the basis of Art. 6 para. 1 lit. b of the GDPR.

9.3 For further information on the use, administration, processing and storage of your personal data as well as the rights to which you are entitled in this context, please read our Privacy Policy (hyperlink).

9.4 Notwithstanding provided in this clause, all the detailed information regarding your personal data is prescribed in our Privacy Policy (hyperlink).

10. Changes to these ToS and Prices

10.1 BRIZ expressly reserves the right to amend these ToS and the Price List (hyperlink) in accordance with the following terms.

10.2 BRIZ is entitled to amend these ToS and the Price List (hyperlink) at any time without giving reasons for future BRIZ Rental Contracts. BRIZ will notify you of any such changes at least three days prior to such changes. BRIZ Rental Contracts included active Subscriptions that (e.g. monthly or annual pass subscription) booked prior to notification of changes will remain unaffected, subject to the ToS set forth below.

10.3 In case of monthly Subscriptions, BRIZ is entitled to change these ToS and the Price List (hyperlink) without giving reasons with effect to the next contract month. BRIZ will notify you of any such changes at least three days prior to the end of the current contract month. All notified changes are considered as accepted if you do not contradict this within one week after communication in text form (eg e-mail). If you disagree with the changes, the Subscription will automatically terminate. BRIZ will particularly draw your attention to the aforementioned consequences in the change notification.

10.4 In case of annual Subscriptions, BRIZ is entitled to change these ToS and the Price List (hyperlink) without giving reasons with effect to the next contract year. BRIZ will notify you of any such changes at least three days prior to the end of the current contract year. All notified changes are considered as accepted if you do not contradict this within one week after communication in text form (eg e-mail). If you disagree with the changes, the Subscription will automatically terminate. BRIZ will particularly draw your attention to the aforementioned consequences in the change notification. BRIZ is only entitled to these ToS and/or the Price List (hyperlink) change for the current contractual year if such change is necessary due to a change in the underlying technical, economic or legal environment. All notified changes with effect for the current contract year become effective and are considered accepted if you do not object within six weeks after notification of the changes in writing (e.g. e-mail). BRIZ will particularly draw attention to the consequences above in the notification of the changes. If mandatory changes are required by applicable law, court orders or official orders, the above deadline may be shorter in individual cases. If you object to changes with effect for the current contract year, the ToS and/or the Price List (hyperlink) remain unchanged in force. However, in this case, BRIZ is entitled to terminate the framework contract and the annual Subscription within three days of receipt of your opposition with a notice period of three days.

10.5 BRIZ will notify you of any changes pursuant to section 10.2 to 10.4 by email, SMS or notification within the BRIZ App and by the publication of the new ToS and prices on the BRIZ Website and in the BRIZ App.

10.6 Notwithstanding the above, deviating agreements to these ToS and/or the Price List (hyperlink) are only valid and binding if agreed between you and BRIZ in writing. This also applies to this text form requirement.

11. Content of Third Parties

11.1 While using the BRIZ App, you may come into contact with third parties, advertisers or sponsors and/or their content, goods and/or services. We are not responsible for any third party services.

11.2 BRIZ has no influence on the content of external pages linked via the BRIZ App or the BRIZ Website and is not responsible for this.

12. Applicable Law

The agreement, including these ToS and the Price List (hyperlink), shall be governed by the laws of Switzerland, for customers using our Services in Switzerland.

13. Transfer

13.1 BRIZ is entitled to assign its rights and obligations as specified in these ToS to a third party at any time without your consent. However, BRIZ is obliged to inform you in good time before such a transfer in text form. In the event of such notice, you will be entitled to terminate the BRIZ Rental Contract extraordinarily within six (6) weeks of notice.

13.2 You are not entitled to transfer rights or obligations under the BRIZ Rental Contract to third parties or assign them to third parties without the prior written consent of BRIZ.

14. No Waiver

If and insofar BRIZ waives all or part of the enforcement of individual provisions of these ToS, this does not constitute a waiver of the subsequent assertion and the validity of these ToS.

15. Validity

Should one or more provisions of these ToS or the current Price List (hyperlink) be declared invalid or void by a court, this shall not affect the remaining provisions of these ToS and/or Price List (hyperlink).

16. Remark of Dispute

BRIZ is not obliged nor willing to participate in dispute resolution proceedings before a Federal Consumer Affairs Bureau (FCAB). See the European Online Dispute Resolution Platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage on alternative dispute resolution.

17. Customer Service

If you have questions about or have a problem with our services, you can contact us through the BRIZ App by clicking on the "Customer Service" button. You can also contact BRIZ by e-mail (hello@briz.app).

BRIZ Mobility Limited Ltd.
May 2019