Terms and conditions of membership
AllRide GmbH | AllRide Membership Terms and Conditions Version: 3.0
Status: January 2025
General | Scope of application
These AllRide Membership Terms and Conditions (“Terms and Conditions“) apply to all contracts between AllRide GmbH, Hackescher Markt 210178 Berlin, Germany (“AllRide“) and AllRide customers (“Members“), who are consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. persons who do not enter into a legal transaction for primarily commercial or self-employed purposes, and to whom AllRide provides access to the AllRide platform (www.ticket-plus.app and/or www.allride.io) including all associated websites, applications and services (collectively “Platform“).
Members can make use of various mobility offers via the Platform (“Mobility Offers“). Mobility offers are generally offered by AllRide’s cooperation partners or by AllRide’s affiliated companies, such as mobility providers, public transport companies and other third parties (“partners“) under their own responsibility (“third-party offers“). Where expressly identified as such, AllRide also offers mobility services itself (“own services“).
These Terms and Conditions apply to all application documents and application processes via a membership contract that are carried out online, by email or via an app and agreed between AllRide and the Member (each a “Membership“). These terms and conditions become part of every membership.
AllRide provides the member with the opportunity to take advantage of mobility offers via the platform. If the Member makes use of a third-party offer, both the contractual agreements made between the Member and the respective partner or their terms and conditions and the contractual agreements made between the Member and AllRide or their terms and conditions shall apply. AllRide becomes the Member’s contractual partner in this respect and is therefore responsible for the content, scope and fulfillment of the third-party offer by the Partner.
The Partners are representatives or vicarious agents of AllRide and AllRide is a representative or vicarious agent of the Partners. AllRide is obliged to accept inquiries and complaints from the Member regarding third-party offers, to forward notifications from the Partners regarding third-party offers to the Member or to mediate between the Member and the Partners.
These terms and conditions shall also apply to future contracts between AllRide and the Member without the need for AllRide to make a corresponding reference in individual cases. These terms and conditions shall be deemed to have been confirmed by the member at the latest when the member uses the platform.
These terms and conditions apply to the exclusion of all other terms and conditions. Deviating, contradictory or supplementary general terms and conditions of the member shall only become part of a membership if AllRide has agreed to them in writing.
Individual agreements with the member in special cases shall take precedence over these terms and conditions.
Insofar as the terms ‘in writing’, ‘in written form’ or similar terms are used in these Terms and Conditions, these refer to the written form within the meaning of Section 126 of the German Civil Code (BGB). The electronic exchange of copies, handwritten signed documents and documents with a simple electronic signature (such as with the help of DocuSign or Adobe Sign) is sufficient in this respect. Unless expressly stipulated otherwise in these terms and conditions, the exchange of simple e-mails is not sufficient.
For reasons of practicability, the simultaneous use of feminine, masculine and diverse language forms is dispensed with in these terms and conditions and the generic masculine is used. All personal designations apply equally to all genders.
All notifications and declarations made by the member to AllRide, in particular notices of termination and deadlines, must be made at least in text form within the meaning of Section 126b BGB (for clarification: a simple email is sufficient), unless otherwise specified in these terms and conditions.
References in these terms and conditions to the applicability of statutory provisions are for clarification purposes only. Consequently, the statutory provisions shall apply even if no such clarification is made, unless the statutory provisions are supplemented or expressly excluded in these Terms and Conditions.
Use of the platform | trial use
In accordance with the membership, AllRide will grant the member use of the platform to the extent specified in the membership against payment of a membership fee.
AllRide will endeavor to offer the widest and most diverse range of mobility services possible. However, the member is not entitled to specific mobility offers or a specific minimum number, a specific minimum scope or a specific type, form or quality of mobility offers.
For a period of time to be determined by AllRide at its own discretion, AllRide may grant the Member limited use of the Platform free of charge for trial purposes (“trial use”). AllRide has the right to reduce, restrict or otherwise modify the scope of services provided for trial use at any time without prior notice. Trial use does not constitute a guarantee for (future) product features. In accordance with the conditions agreed in the membership, the trial use may end and automatically convert into a paid membership.
AllRide is entitled to use subcontractors to fulfill its contractual obligations.
Member account │Founding a membership | Change of tariff
In order to use the platform, the member must create a member account by accepting these terms and conditions and entering certain personal data in a registration form provided online by AllRide (“Member account“). The Member must then apply for membership with AllRide via the membership account. Membership offers from AllRide are not binding. By submitting the application, the member submits a binding offer to conclude a membership.
The application process comprises the following steps: Selecting a tariff, checking and/or correcting the selection, entering the relevant data, selecting the payment method and binding submission of the application by clicking an application button. The member’s application only becomes a binding membership for both parties when AllRide confirms acceptance of the application to the member in an email (“application confirmation“) and activation by the member on the app is achieved. The application confirmation also contains further information about the member’s application and the personal email address, which acts as the application number.
In order to be eligible for membership, the member must be of legal age and have the date of birth stored in their member account, which enables them to be clearly identified, in particular by their partner.
At the latest 24 hours before the end of each month, at the end of each month, the member has the option of changing their membership to a tariff with a lower or higher scope of services, in the former case with effect from the next billing period, in the latter case, at the member’s discretion, either with immediate effect or with effect from the next billing period. In the event of an immediate change, the member is obliged to pay the correspondingly increased membership fee for the entire billing period commenced (including retroactively).
The member is obliged to provide complete and accurate information when creating the membership account. The member is also obliged to keep the data in their member account up to date and is responsible for its accuracy and completeness. The member is obliged to notify AllRide immediately of any changes to such data. Until notification of changes, AllRide is entitled, but not obliged, to use the previous data for the fulfillment of its contractual obligations.
The member may only maintain a single member account.
AllRide reserves the right to delete inactive member accounts. Member accounts for which there has been no ongoing membership for a consecutive period of more than one year are deemed to be inactive. The member may request AllRide to delete their member account if there is no current membership.
AllRide will not save the text of the contract (these terms and conditions and the respective application) after a membership has been concluded. The text of the contract is then no longer accessible to the member.
Taking advantage of mobility offers
In accordance with the membership, the member is given the opportunity to take advantage of certain mobility offers via the platform. The member does not incur any fees over and above the membership fee. Excluded from this are additional fees to which the member has been expressly notified in advance and fees charged by the partner for the provision of additional services (e.g. seat reservations, additional insurance or minute packages). If the Member has nevertheless paid a fee that is not owed, AllRide will credit the Member’s membership account with a corresponding amount against appropriate proof, which will be automatically offset against future membership fees.
If third-party offers are made by partners, the member can check with the partner electronically via the platform before starting the journey, deposit a voucher with the partner and redeem it or, if necessary, have the partner check it manually by entering their membership data.
The Member is obliged to ensure that the journey is covered by the corresponding AllRide membership before starting the journey and/or booking the respective mobility offer with the respective Partner. If the journey is not covered by the corresponding AllRide membership, the Member must pay for the costs of the journey separately.
Any use, i.e. entering, booking, reserving or otherwise making use of any mobility services offered by third-party partners shall result in an additional contract between the Member and the respective partner for the use of the third-party service in question in accordance with the agreements made between the Member and the partner or the partner’s terms and conditions (including transport guidelines, participation requirements, rules of conduct, additional charges, consequences of non-appearance, liability regulations, etc.).
Some third-party offers can be reserved bindingly in advance by the member. If the Member does not cancel an existing reservation via the Platform or with the Partner within the applicable cancellation period, AllRide shall be obliged to compensate the Member for any damage culpably caused by non-participation. In this case, AllRide is entitled to demand lump-sum compensation of EUR 30.00 from the member. The Member is permitted to prove that no damage or only minor damage has been incurred.
Third-party offers are subject to the availability of available vehicles, means of transportation and seats of the partner.
When using third-party offers, the Member is obliged to comply with the respective contractual agreements with the partners and their terms and conditions as well as AllRide and its terms and conditions.
AllRide reserves the right to exchange, discontinue or change third-party offers from partners at any time or to adjust other conditions of third-party offers from partners. This does not affect the members’ right to terminate the contract under section 12.
Deutschlandticket | Subscriptions
AllRide offers members the Deutschlandticket (€58 ticket) and other subscriptions as third-party offers (each a “subscription”) via the platform.
The subscription contract is concluded when AllRide confirms the subscription order and AllRide activates the subscription on the app. The subscription begins on the 1st of each calendar month. The subscription contract is valid indefinitely unless it is terminated or paused. The Deutschlandticket can be used and viewed as a barcode in the app.
Registration on the platform and in the app is required to issue the season ticket on a mobile device.
The subscription is issued with monthly payment. In the event of immediate entry in the current month, the full monthly amount must be paid.
The current Tariff Regulations and Conditions of Carriage for the Deutschlandticket apply. Fare changes automatically become part of the subscription contract.
Pausing the Deutschlandticket: The Member authorizes AllRide to conclude and/or cancel the Deutschlandticket on his/her behalf at any time. AllRide reserves the right to cancel and re-subscribe to the Deutschlandticket on a monthly basis to allow the Member to pause in accordance with the fare conditions of the Deutschlandticket.
The cancellation of the Deutschlandticket for the following month is possible at the latest by the 10th of each month, the pause in accordance with section 5.6 is possible at the latest 24 hours before the end of each month. In the case of a first-time contract, a pause for the following month after the 10th of the month is excluded. Any termination must be made in text form or via the app. AllRide may terminate a subscription contract at any time without notice up to the end of the current month for the following month. The member will be notified of the termination in writing (by e-mail).
For claims for compensation and refunds due to delays and cancellations of train connections and local public transport, the same applies between AllRide and the member as applies according to the current provisions of the partners for the Deutschlandticket. This currently applies in particular:
If local public transport is delayed by at least 60 minutes, the member is entitled to compensation of €1.50 per delayed journey, provided that the member provides written proof of the delay (e.g. by submitting a corresponding certificate from the transport company). Compensation of less than € 4.00 will not be paid due to a statutory de minimis limit. The total amount of all compensation is limited to 25% of the monthly fee for the Deutschlandticket.
Refunds of transportation charges due to non-use of the travelcard on a mobile device are not possible. An exchange is not possible.
The assignment of claims arising from the subscription contract by the subscriber/account holder is excluded. The subscriber/account holder only has a right of set-off if his claim for set-off has been legally established or is undisputed.
The right of revocation in accordance with Section 18 does not apply to the Deutschlandticket. The statutory Tariff Regulations and Conditions of Carriage for the Deutschlandticket apply.
A flat-rate processing fee of €5 will be charged for processing refunds.
Rights of use | Restrictions on use
In accordance with the membership, AllRide grants the member a simple, non-transferable, non-sublicensable, worldwide right to use the platform during the term of the membership. The Platform is offered as currently described on the AllRide website, including the member on-boarding process and the section on frequently asked questions (FAQs) (“Documentation”).
Member shall not (and shall not permit any third party to) directly or indirectly: (a) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make outside business use of, outsource or otherwise generate revenue from the Platform; (b) copy the Platform onto a public or distributed network; (c) decompile, reverse engineer, disassemble or otherwise attempt to obtain any source code, object code or underlying structural ideas, know-how or algorithms or other functional mechanisms of the Platform, except to the extent permitted by applicable law; (d) modify, adapt, translate or create derivative works based on the Platform (except to the extent permitted by AllRide or as authorized by the Platform); (e) modify any proprietary rights notices appearing in the Platform or any portion thereof; (f) use the Platform in a manner that violates applicable laws and regulations (including export regulations and restrictions, national security controls and regulations) or outside the scope of the license described in this Section 6; or (g) use the Platform to (i) store, download or transmit infringing, defamatory or otherwise unlawful or tortious material or malicious code or malware, or (ii) engage in phishing, spamming, denial of service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of any third party systems or the services or data contained therein; (iv) attempt to gain unauthorized access to the Platform or AllRide’s systems or networks; or (v) conduct penetration testing, vulnerability assessments or other security assessments.
The member may not reproduce, process, share or publicly reproduce the contents of the platform without the written consent of AllRide, unless this is expressly permitted by functions that are integrated into the platform.
The member may not export or re-export the platform or technical data, or copies, parts or products thereof, either directly or indirectly, in violation of applicable laws and regulations.
The Member may only use the Platform as described in the Documentation.
Obligations of the member
The Member represents and warrants that it will only use the Platform in full compliance with all applicable laws and regulations.
The Member is responsible for procuring and maintaining, at its own expense, technical equipment and related ancillary services required to connect to, access or otherwise use the Platform and the Mobility Offers, in particular modems, hardware, servers, software (in particular apps) and other third-party software for receiving third-party offers), operating systems and networks (collectively “Technical Equipment”). AllRide gives no assurances or guarantees regarding the availability and/or specific functions of such Technical Equipment. AllRide requirements for the Technical Equipment can be viewed in their current version on the AllRide website.
The member is also responsible for the security of the technical equipment, their member account, their user ID, their passwords (in particular their user password) and files, as well as any use of their member account or technical equipment known or unknown to the member. The Member may not disclose user IDs and passwords to unauthorized third parties and is obliged to store and keep them in a secure manner.
If there is a suspicion that an unauthorized person has gained knowledge of a user ID and/or password of the member, the member is obliged to inform AllRide immediately and also to change the user ID and/or password in question.
In the event of a known or suspected security breach or misuse of the platform, the member is obliged to inform AllRide immediately.
The member is not authorized to allow third parties to use their member account. The member may not provide third parties with unauthorized access to mobility offers, in particular allow them to participate in mobility offers in the form of multiple tickets.
The Member is solely responsible for the content of all data and any other material that is displayed, published, uploaded, stored, exchanged or transmitted by the Member via or with the help of the Platform (collectively “Member Content“). AllRide is not in a position to monitor the member data on an ongoing basis and does not adopt it as its own.
AllRide may, without being obliged to do so, investigate complaints and suspected violations of the law (including violations of membership, third-party rights and criminal and administrative offenses) and may take temporary or permanent measures that AllRide deems appropriate, taking into account the legitimate interests of the member. This includes rejecting, blocking or removing member content as well as restricting, blocking or terminating the member’s access to the platform.
The use of any vehicles provided shall be governed between AllRide and the Member by the current provisions of the partners. In particular, the provisions of the following sections 7.10 to 7.13 currently apply.
The member is obliged to treat all vehicles with care and respect, to comply with the applicable traffic regulations and not to endanger the rights and legal interests of third parties by using the vehicle.
In the interests of the environment, the general public and other customers, the member must ensure that the vehicle is driven in an environmentally friendly, energy-saving and proper manner.
In particular, the member is obliged
comply with the maximum load limit of 100 kg for small electric vehicles,
not to leave the vehicle unattended during the rental period,
to notify AllRide of any defects and damage, in particular damage caused by violence or accidents, or gross soiling, as soon as they are discovered,
to ensure that the vehicle is only used in a roadworthy and operationally safe condition, insofar as this is possible and reasonable for the member,
to comply with the provisions of the German Road Traffic Regulations (StVO) and Sections 10 to 13 of the Ordinance on Small Electric Vehicles (Elektrokleinstfahrzeuge-Verordnung) when driving the vehicle on the road,
to be in possession of a driving license required for driving the respective vehicle and valid in the country in which the rental agreement is concluded and to comply with any conditions and requirements contained therein,
have a registered address in the country in which the rental contract is concluded or in another state of the European Union.
have reached the minimum age of 18 years (in the case of bookings via a platform, the conclusion of rental contracts by novice drivers may be excluded),
to stop immediately if a warning light or fault indicator lights up in the display in the driver’s area of the vehicle and to contact AllRide to determine whether the journey can be continued,
to park the vehicle properly.
In particular, the member is prohibited from
drive the vehicle under the influence of alcohol, drugs or medication that could impair the ability to drive. There is a strict alcohol ban of 0.0‰,
to use the vehicle for off-road driving, motor sport events or races of any kind,
to use the vehicle for vehicle testing, driving training or for the commercial transportation of persons or for commercial transportation (e.g. courier trips, pizza delivery),
to use the vehicle for the transportation of highly flammable, toxic or otherwise hazardous substances if they significantly exceed normal household quantities,
to use the vehicle to transport objects or substances which, due to their nature, size, shape or weight, could impair driving safety or damage the vehicle,
to use the vehicle with another person,
to use the vehicle for the commission of criminal offenses, to carry out or have carried out unauthorized repairs or modifications of any kind to the vehicle.
Maintenance and support
Subject to payment of the membership fee, AllRide shall provide maintenance and support services for the Platform to the extent resulting from the membership. “Support” refers to AllRide’s obligation to respond to legitimate support requests from the Member regarding the Platform by assisting in the identification of errors and providing support. “Maintenance” refers to AllRide’s obligation with regard to the Platform to rectify faults and bugs and to provide updates and upgrades that are published by AllRide at its own discretion.
Support is available to the Member via https://www.ticket-plus.app/contact/ and/or via an e-mail address provided by AllRide for this purpose info@ticket-plus.app and/or via the live chat on the AllRide website and/or at the telephone number specified on the AllRide website, in all cases during regular business hours.
AllRide shall make reasonable efforts, consistent with applicable industry standards, to maintain the Platform in a manner that minimizes disruptions and interruptions to the Platform. The Member can report faults to AllRide via https://www.ticket-plus.app/contact/ and/or via an e-mail address provided by AllRide for this purpose info@ticket-plus.app and/or via the live chat on AllRide’s website. AllRide will use commercially reasonable efforts to correct all reported errors in a timely manner, provided that (a) the Member provides AllRide with a detailed description of the error and its reproducibility and (b) this is done depending on the priority of the error, which is determined by AllRide in its sole discretion.
If the analysis by AllRide shows that a fault reported by the member has not actually occurred or is not attributable to the platform, AllRide may charge the member for the costs that AllRide can prove it has incurred in connection with such an analysis.
The costs for maintenance and support are included in the membership fee.
Availability of the platform
Subject to payment of the Membership Fee by the Member, AllRide shall make the Platform available to the Member in accordance with the provisions of this Section 9.
AllRide shall use reasonable efforts to ensure that the Platform is available to the Member via the Internet for no less than ninety-nine (99%) of the calendar year (based on twenty-four (24) hours per day and seven (7) days per week), excluding (a) temporary unavailability due to scheduled or unscheduled maintenance work by AllRide or third-party providers and (b) unavailability for reasons beyond AllRide’s control. AllRide will make reasonable efforts to provide advance notice of any scheduled interruptions to the Platform.
The Member is aware and the Member acknowledges that the Member’s access to the Platform, such as the Member’s Internet access, cannot be guaranteed by AllRide and that AllRide is not liable for failures of the Member’s Internet connection or technical equipment.
Membership fee | Terms of payment | Offsetting restriction
The member is obliged to pay the agreed membership fee (the “membership fee“) to AllRide.
AllRide is entitled to increase or reduce the membership fee for the following month by notification in text form (a simple email is sufficient) without giving reasons
The member is obliged to use one of the payment methods offered on the platform to pay the membership fee.
AllRide is entitled to immediately cease issuing tickets and vouchers by means of notification in text form (a simple e-mail is sufficient) and to block the member’s access to the Platform in accordance with Section 320 BGB if payments are not received by AllRide immediately after their due date.
If the collection of the membership fee fails, the member shall bear the additional costs incurred and for which he/she is responsible. In the event of a returned direct debit (e.g. due to insufficient funds in the account, non-existent account or unjustified objection), the member authorizes AllRide to resubmit the direct debit in question, whereby the member is obliged to pay AllRide a processing fee of EUR 5.50 per returned direct debit if the member is responsible for the returned direct debit. AllRide’s further claims remain unaffected by this. The member is permitted to prove that lower costs or no costs at all were incurred as a result of the return debit note.
The member is only entitled to offset their own claims against AllRide’s claims if their claims (a) have been legally established; (b) are undisputed; or (c) have been recognized by AllRide.
If the member is not the holder of the account named in the direct debit authorization, the member or legal guardian and account holder shall be jointly and severally liable for compliance with all obligations (in particular payment obligations) arising from these terms and conditions of membership
Vouchers | Recommendations
Vouchers that cannot be purchased but which AllRide issues free of charge as part of advertising campaigns (“promotional vouchers”) are only valid on the platform and/or on the platforms of the partners concerned and only for the period specified therein. The voucher conditions of the respective promotional voucher apply. Promotional vouchers are non-transferable. Individual services may be excluded from a promotional voucher campaign. Promotional vouchers that have not been redeemed can be deactivated by AllRide at any time. Promotional vouchers can only be redeemed once and cannot be combined with each other. If the value of the promotional voucher is not sufficient for full payment, the member can make up the difference using the payment options offered by AllRide. If the value of the promotional voucher exceeds the value of the amount to be paid, the remaining balance of the promotional voucher expires and will not be refunded by AllRide. In the event of revocation, the member is not entitled to demand reimbursement of the amount due on a promotional voucher.
Vouchers that can be purchased (“gift vouchers”) are only valid on the platform and only in accordance with the voucher conditions of the respective gift voucher. If the value of the gift voucher is not sufficient for full payment, the member can make up the difference using the payment options offered by AllRide. Any remaining balance will neither be paid out in cash nor will interest be paid on it, but will expire at the end of the month in question. Gift vouchers cannot be used to purchase further gift vouchers.
The member can recruit other people as new members by providing them with a personal referral code stored in their member account. If the respective person successfully concludes a membership by providing the referral code, only the member will receive a certain credit in their membership account, in each case in accordance with the respective referral conditions. Upon termination of the membership, the credit expires and will not be refunded by AllRide.
The member is not entitled to make vouchers for third-party offers from partners publicly available or to use them commercially. Personal referral codes are expressly excluded from this.
Term | Termination
Membership begins at the agreed time and generally runs for an indefinite period. AllRide or the member may terminate the membership at any time within the notice period agreed for the membership.
The right of the parties to extraordinary termination of membership for good cause remains unaffected. Such good cause shall exist in particular if (a) the Member is in arrears for more than thirty (30) days;(b) the Member intentionally provides false personal, contact or payment data or otherwise misrepresents its identity,(c) the Member enables third parties to use its membership without authorization,(d) the Member violates the restrictions on use pursuant to Sections 5 and 6, or (e) the Member violates the obligations pursuant to Section 7.6.
If the member terminates the membership during a break, the termination shall take effect at the end of the next billing period following the break, unless otherwise agreed. If the member pauses the membership after a declared ordinary termination, the termination shall, unless otherwise agreed, only become effective at the time at which it would have become effective without a pause, but extended by the duration of the respective pause.
Temporary membership benefits (such as promotional vouchers and referral codes) are not affected by a pause and can therefore also expire during a pause.
Limited warranty for the platform
It is the member’s responsibility to check whether the platform meets his or her needs and wishes as described in the documentation. The Member is aware of the essential functions and features of the Platform. The scope, type and quality of the platform are determined by these terms and conditions, the membership and the documentation. Other information or conditions shall only become part of the membership if the member and AllRide have expressly agreed this in writing or if AllRide expressly confirms this in writing. Product descriptions, illustrations, test programs, etc. are not guarantees or quality agreements. The issue of a guarantee is only effective if it is confirmed in writing by the management of AllRide.
AllRide warrants that the platform has the essential functions that are described in the current documentation of the respective version of the platform. In the event of a breach of this warranty, AllRide shall use commercially reasonable efforts to modify the Platform so that it substantially complies with the documentation. Unless AllRide is able to substantially restore such function within thirty (30) days of written notice of breach, Member shall be entitled to terminate its membership by written notice and receive a pro rata refund of the membership fee, if any, paid in advance by Member for any unused access to the Platform. The Member may only exercise the aforementioned rights if the Member notifies AllRide of such breaches in writing and has used the Platform in accordance with the documentation. Strict liability on the part of AllRide for the existence of initial defects pursuant to Section 536a BGB is excluded. Claims for damages by the Member that are based on a breach of this warranty are subject to the limitations set out in clause 17. Any statutory warranty rights remain unaffected by this clause 13.2.
Ownership and proprietary rights | Member Content | Updates
AllRide and its contractors, if any, own and retain all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical solutions in and relating to the Platform. The Member acknowledges that the rights granted under the Membership do not give the Member any ownership rights in the Platform.
All rights to the member content, as well as to data based on or derived from the member content, remain with the member. The member grants AllRide a simple, non-transferable, sublicensable, spatially and content-wise unrestricted (usage) right to use the member content exclusively in connection with the provision of the platform, including to other members and partners.
AllRide reserves the right to make new versions and updates to the Platform, in particular changes to the design, the operational procedure, the technical specifications, the systems and other functions of the Platform, in particular insofar as these are necessary to maintain the contractual conformity of the Platform or if compelling technical, economic or legal reasons require this.
Data protection
The Member and AllRide shall at all times comply with the requirements of applicable data protection law, in particular the GDPR.
The processing of personal data by AllRide is explained in more detail in AllRide’s Privacy Policy, which can be accessed on AllRide’s official website.
Indemnification obligation
Without prejudice to the Member’s other contractual or statutory liability, the Member is obliged to defend AllRide and any AllRide Affiliates, employees and subcontractors as well as suppliers and dealers of AllRide against third-party claims at the Member’s expense, to indemnify AllRide against such claims and to hold AllRide harmless if such claims arise or are asserted as a result of a breach of clause 6 or otherwise in connection with the Member’s use of the Platform. The member is obliged to pay in full all costs and claims for damages that are legally established by a competent court to the detriment of AllRide on the basis of such a claim. An “Affiliate” is any company that AllRide directly or indirectly controls, that is controlled by AllRide or that is under direct or indirect joint control with AllRide or that is a wholly owned subsidiary of AllRide, whereby “control” is understood to mean the direct or indirect ownership of at least fifty-one percent (51%) of the shares or beneficial ownership of a company.
In connection with a claim for indemnification in accordance with this clause 16, AllRide must inform the member immediately of a third-party claim on the basis of which AllRide assumes it is entitled to demand indemnification from the member. If AllRide fails to provide such information, this shall not release the member from its obligations under this clause 16, unless the failure to provide the information significantly impairs the member’s legal defense against such a claim. AllRide may support the legal defense at its own expense and at its own discretion, but it is the member’s responsibility to take appropriate measures for the defense and to conduct any settlement negotiations. A settlement that would legally bind AllRide shall only become effective once AllRide has consented to it in writing; consent may not be unreasonably withheld, subjected to conditions or delayed by AllRide.
Limitation of liability
AllRide shall be liable without limitation for (a) injury to life, limb or health by AllRide, AllRide’s legal representatives or vicarious agents; (b) damage caused intentionally or through gross negligence by AllRide, AllRide’s legal representatives or vicarious agents; (c) damage due to the absence of a guaranteed quality; and (d) claims arising from the German Product Liability Act (ProdHaftG).
AllRide is liable for damages arising from the breach of cardinal obligations by AllRide, AllRide’s legal representatives or vicarious agents. Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the membership contract and on whose compliance the member regularly relies and may rely. If the breach of cardinal obligations is caused by slight negligence on the part of AllRide, AllRide’s legal representatives or vicarious agents, AllRide’s liability shall be limited to the amount that was foreseeable for AllRide at the time the respective service was provided.
Subject to the provisions in sections 17.1 and 17.2, AllRide shall not be liable for damages arising from the breach of obligations that do not constitute cardinal obligations and that were caused by AllRide, AllRide’s legal representatives or vicarious agents through slight negligence.
AllRide shall only be liable for data loss up to an amount that covers the typical costs of recovery that would have been incurred if the member had made proper and regular data backups.
Subject to the provision in clause 17.1, AllRide’s liability for damages arising out of or in connection with the Membership, whether in contract, tort or otherwise, shall be limited to an amount equal to one hundred and fifty percent (150%) of the sum of the Membership fees under the Membership concerned.
AllRide does not guarantee that the Member will reach a specific destination by using the Platform. Participation in mobility offers is at the member’s own risk. AllRide shall only assume liability towards the Member for delays, cancellations or postponements and other deficiencies in the performance of mobility offers to the extent that the partners involved assume such liability in accordance with their respective current provisions. AllRide shall update these General Terms and Conditions on an ongoing basis to include the current essential regulations of the partners in this regard. Similarly, limited liability shall be assumed for any other deficiencies in the performance of third-party offers of the partners. AllRide’s liability is otherwise excluded.
The Member shall be liable for all violations of traffic and regulatory provisions and other statutory provisions for which he/she is responsible in connection with the use of vehicles in accordance with the statutory provisions. The member shall be liable for all resulting costs and shall fully indemnify AllRide against any resulting third-party claims. AllRide shall not be liable for damages resulting from injury to life, limb or health caused by mobility services provided by AllRide and/or third-party services provided by partners (in particular when using small electric vehicles) that were caused by the Member or their contributory negligence. In all other respects, customers are entitled to the statutory warranty rights.
AllRide assumes no liability or guarantee for the availability or use of the online store and the mobile app at all times.
Any liability of AllRide beyond the cases regulated in this section 17 is excluded.
Cancellation policy
The member has the following right of withdrawal: You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
However, this expressly does not apply to the Deutschlandticket. The statutory fare regulations and conditions of carriage apply to the Deutschlandticket.
The withdrawal period is fourteen (14) days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us, AllRide GmbH (registered office: Hackescher Markt 210178 Berlin, Germany; e-mail address: info@ticket-plus.app), of your decision to cancel this contract by a clear statement (e-mail). You can use the sample withdrawal form below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:Refund: If you cancel this contract, we will refund all payments, including delivery costs (except for special deliveries), within 14 days. We charge a fee of €5 for processing. You will not incur any further costs.
If you have agreed that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract .
Sample withdrawal form If you wish to withdraw from the contract, you can, for example, fill out the following form and send it by email to AllRide GmbH, Hackescher Markt 210178 Berlin, Germany, info@ticket-plus.app :
I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of the following service (*): Ordered on (*): received on (*):
Your name: Your address: Date: (*) = delete as applicable End of the withdrawal policy
The Member expressly agrees that AllRide may commence performance of the contract before expiry of the withdrawal period specified in section 18.1. In the event of revocation, the Member shall be obliged to pay AllRide compensation in the amount of EUR 58.00 for each mobility service used.
Transfer | Novation | Prohibition of assignment
AllRide is entitled to transfer the membership contract and/or associated rights in whole or in part to third parties, provided that such a transfer does not impair the member’s rights under the membership.
At the request of AllRide, the Member shall immediately conclude a novation agreement with a third party to enable AllRide to exercise the rights in accordance with section 19.1.
The member may not assign its rights or obligations arising from the membership and these Terms and Conditions without the prior written consent of AllRide. This does not apply to monetary claims.
Entire Agreement | Severability Clause | Amendments | Updates
Membership, including these Terms and Conditions, constitutes the entire agreement between the Member and AllRide with respect to the subject matter hereof and supersedes and excludes all prior written or oral negotiations, arrangements, understandings, practices or agreements between the parties with respect to the subject matter hereof.
AllRide may amend and/or update these terms and conditions with effect for the future if this is necessary for technical, economic or legal reasons and insofar as this does not constitute a change that affects the basis of the legal relationship between the parties and is equivalent to the conclusion of a new contract. Any amendment to these Terms and Conditions shall be notified to the Member in text form (a simple e-mail is sufficient) at least six (6) weeks prior to its intended entry into force. The Member may agree or object to the amendment before the date on which it is intended to come into force. The amendment shall be deemed to have been accepted by the member if the member does not object to the amendment before the date on which it is intended to come into force. AllRide shall expressly inform the member of this in the corresponding announcement.
Applicable law | Consumer arbitration board
The membership and all (contractual or non-contractual) disputes or claims arising out of or in connection with the membership or its subject matter or its conclusion shall be governed by the mandatory laws of the country in which the member has its habitual residence (i.e. those provisions of the law of that country which cannot be derogated from by agreement). In all other respects, the law of the Federal Republic of Germany shall apply and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The European Commission operates an online arbitration board which can be reached via this link. AllRide is not obliged to participate in a dispute resolution procedure before this arbitration board or before another consumer arbitration board and is not prepared to do so.
