version 1.0 - 18.06.2024
1 Scope
These terms and conditions ("Terms") apply when you ("End-User") access and use the Ride Tech GO app ("App") which facilitates contactless car rentals and related services (together the "Services"), available via the App available on Apple Store or Google Play.
Services are offered by Ride Tech AG, Industriestrasse 12, 8305 Dietlikon, Switzerland ("Ride Tech").
To access or use the Services, End-Users have to agree to these Terms. End-User agrees to these Terms by accessing and using the Services. These Terms, together with all other referenced documents, form a legally binding agreement ("Agreement") between Ride Tech and the End-User.
If the End-User does not agree to these Terms, the End-User may not use or access the Services.
End-User accepts the terms and conditions of a local car rental agency ("Local Agency") which govern the End-User's use of the rented vehicle. End-User acknowledges that these Terms do not constitute an agreement for vehicle rentals and that Ride Tech is not a part of the contractual relationship between the End-User and a Local Agency.
2 Services & Access to the Services
2.1 Services
Ride Tech offers the App and the Services in their then-current version.
Ride Tech constantly develops and improves the Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion.
2.2 Access to the Services
End-User has to create an account on the App to access and use all or part of the Services ("User Account").
The End-User is responsible for maintaining the confidentiality and security of their information and their User Account. The End-User is responsible and liable for activities conducted on the Services through their User Account and must immediately notify Ride Tech if there is any suspicion that their User Account credentials have been lost, stolen, or their information is otherwise compromised.
End-User is aware that the Local Agency is providing their services in their own name and their own account and understands that End-User is entering into a contract exclusively with the Local Agency and not with Ride Tech when concluding a separate agreement governing their vehicle rental.
2.3 End-User's vehicle rental order process
Ride Tech allows End-Users to rent a vehicle offered by the Local Agency and subsequently place their order. End-User authorizes Ride Tech to disclose their orders, personal data and appropriate identifiers (e.g. type of the rented vehicle) to the Local Agency and process them. End-User's orders are automatically accepted by the Local Agency once placed by the End-User.
3 End-User's representations
The End-User represents and warrants as of the date of the Agreement that the End-User:
- has a valid and current driving license for the type of the vehicle they are renting via one of the Local Agencies issued by a recognized authority in End-Users country of residence;
- is of legal age to operate a motor vehicle in the jurisdiction where the End-User intends to use the rented vehicle;
- is not a person barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. This includes, in particular, having a driving record that does not include any serious violations, suspensions or revocations that may disqualify the End-User from renting a vehicle under the laws of Switzerland or any other applicable jurisdiction;
- has the sufficient insurance coverage as required for the operation of the rented vehicle, offered by a Local Agency;
- will not allow any unauthorised individuals to drive the rented vehicle. All drivers must be registered and approved by the Local Agency.
4 Rights & Obligations of Ride Tech
Ride Tech will provide the Services as agreed in the Agreement.
Ride Tech:
- makes the Services and the App available to End-Users and uses reasonable care and skill in the performance of the Services and in keeping the Services and the App free from viruses and other malicious software programs;
- regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. End-Users acknowledge that this may result in temporary delays and interruptions from time to time;
- may subcontract third parties for all its obligations under these Terms;
- is liable for its subcontractors and ensures that subcontractors are bound to appropriate confidentiality and data protection obligations.
Ride Tech reserves a right to ask the End-Users to provide feedback through forms, questionnaires, and polls in order to improve their Services ("Feedback"). Ride Tech may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the End-User. The End-User assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to Ride Tech and acknowledges it has no claim in relation to the Feedback.
5 Payments on the Services
All prices indicated are payable upon placing an End-User's request for the rent of a vehicle on the Services via the payment method made available by the Local Agency. If not explicitly stated otherwise, all fees are in CHF and include VAT. Local Agencies reserve the right to change prices at any time.
The prices of the rental vehicles offered by the Local Agencies can be found on the App. These prices are exclusively set by the Local Agencies, are updated from time to time, and Ride Tech has no control over these prices.
5.1 Third party payment providers
The use of the Services may involve the intervention of various partners, including the third party payment providers. End-Users explicitly authorise Ride Tech to engage payment providers and any sub-contractor of the payment provider to facilitate payments on the Services in the name of the Local Agency.
Upon requesting a rental vehicle, End-User may be invited to register directly with the payment provider and provide the necessary information to complete the request.
6 Term & Termination
The Agreement between the parties remains in full force and effect until the completion of the End-User's vehicle rental order.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.
7 Intellectual Property
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the App or the Services or any part of it remain vested in Ride Tech.
Where applicable and only to the extent necessary, for the duration of the Services, Ride Tech grants the End-User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to the Intellectual Property Rights required to fulfil the Agreement.
The End-User grants Ride Tech the non-revocable right to access and use the data generated by the use of the App and the Services for internal purposes, such as research development and the improvement of the App or the Services.
8 Data Protection
Ride Tech collects and processes personal data as described in its Privacy Policy available at https://ride.tech/privacy-policy. Ride Tech protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
End-User authorizes Ride Tech to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.
End-User acknowledges that User Account information and all information associated with the vehicle rental is shared with the Local Agency or their sub-contractor that owns the pickup location and with Enterprise Mobility in the UK.
9 Liability & Indemnity
Ride Tech is fully liable to End-User for damages resulting from Ride Tech's gross negligence or wilful misconduct. In all other cases, each party's liability under the Agreement is excluded to the maximum extent permitted under applicable law.
Ride Tech will not be held liable for inaccuracy or incompleteness of the Services or the information provided by Local Agencies, or the incompatibility of the App or the Services with any specific objectives that the End-User is hoping to achieve.
10 Warranties & Representations
End-User acknowledges that the App and the Services are provided "as is" and "as available", and Ride Tech makes no warranties or representations of any kind related to the Services or the information and materials contained thereon. Ride Tech makes the App and the Services available to End-Users and uses reasonable care and skill in the performance of the Services.
Ride Tech does not guarantee that the Services are error-free and will function without any interruption or disruption. Ride Tech may, at its own discretion, carry out maintenance or improvements to the App and any part of the Services and its infrastructure, and End-User acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, Ride Tech will inform affected End-Users about potential interruptions in advance. Any further warranty is excluded.
11 Miscellaneous
Entire Agreement: The Agreement constitutes the entire agreement between Ride Tech and the End-User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.
Changes to Terms: Ride Tech may, from time to time, change these Terms. End-User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The End-Users' continued use of the Services following any amendments indicates acceptance of the changes to the Terms.
Notices: Notices must be given in writing, including electronic text, and need to be communicated:
- To Ride Tech's attention: via email to: help@ride.tech;
- To End-User's attention: by publishing on the Services.
No Assignment: End-User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of Ride Tech.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of Ride Tech has jurisdiction for all disputes arising from or in connection with the Terms.
Links: The Services may contain third-party content or links to third-party websites. Ride Tech does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.