THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR PARTICIPATION IN THE “DITCH YOUR KEYS” PROMOTION CAMPAIGN.
By participating in this Promotion, you confirm that you have read, understood and consent to these Terms and Conditions.
Eligibility Requirements; Participation.
The following eligibility requirements and participation criteria apply to you:
- The opening date of the Promotion is on Saturday, 16th September, 2017 and the Promotion will end on 22nd September, 2017 (the “Promotion Period”).
- The Promotion is open to individuals who
- are a legal resident of their country of participation aged 18 years or over, or the minimum age of legal majority of the jurisdiction from which you enter the Promotion, holds a valid driver’s license, Uber may request to see any papers validating the eligibility requirements;
- Are not director(s), member(s), partner(s), employee(s) or agent(s) of, or consultant(s) to Uber B.V. (“Uber”), any other person who directly or indirectly controls or is controlled by Uber, or any third party directly associated with administration of the Promotion;
- have been selected by Uber to be given the opportunity to participate in the Promotion based on objective criteria to be determined and applied by Uber at its sole discretion; and
- have opted into (through a personalised email from Uber to the email account registered to your Uber user account) the Promotion by 15th September, 2017.
Brussels Region, subject to technical limitations of the Uber mobile application.
Purpose of the Promotion
The promotion aims to highlight the negative impact of personal car ownership on mobility in Brussels and encourage people to discover new mobility alternatives beyond those provided by their personal car.
Description of the Promotion
During the Promotion Period you pledge to:
(i) Not use your own car, company car or any other car available in your household. For this purpose at the start of the Promotion on Friday, 15th September 2017 you shall drop off your car keys at the following location: rue de la Brasserie, 120 – 1050 Ixelles. Uber will accept your keys for temporary storage during the Promotion Period. At the moment of key drop off your key will be assigned a number and will be put in an envelope by Uber personnel, and you will be provided with a number that you need to demonstrate to Uber personnel in the end of the Promotion on Friday, 22nd September 2017 when you will come to the same location to collect your key. Corresponding key number is also specified in the signature section below.
(ii) Use the credit card provided by Modalizy as a means to pay for your alternative means of transportation during the 7 days of the challenge. This credit card shall only be active starting on Friday, 15th September 2017 and it shall become inactive as of Friday, 22nd September 2017. When picking up your corresponding key, you shall return this credit card at Uber.
(iii) Not exceed the amount as provided on the credit card, which is a total of €140. This credit card and the amount shall be used solely for transportation over the 7 days of challenge. Any and all spend during the 7 day challenge exceeding €140 shall be charged directly to you.
By participating in this Promotion you accept and understand that a post Promotion roundtable hosted by Uber to share your experiences is part of the Promotion and you will be invited to participate in this roundtable. You will receive further details about this event (location, date, time) from the local Uber Team in your city.
Storage of Keys and Limitation of Liability
Uber will act in good faith in order to ensure safely storage of your keys during the Promotion Period. Uber is only liable for safety of your keys in case of gross negligence or wilful misconduct. Under no circumstances liability of Uber for safety of your keys shall exceed the sum of costs for production of duplicate keys in case your original keys are lost or damaged through a fault of Uber. Uber has no liability for your keys upon expiry of the Promotion Period and you shall ensure that you duly collect your keys in accordance herewith at the location, date and time specified herein.
You shall ensure that the individual number is neither lost nor damaged and is duly represented to Uber personnel at the moment of key pick up in the end of Promotion Period in accordance herewith.
Uber bears no liability for safety of your keys in case:
(i) your individual number has been lost or stolen and therefore it cannot be represented to Uber personnel for collection of your keys;
(ii) your keys have been lost, damaged or stolen due to cause that is beyond the reasonable control of Uber. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Uber.
Enabling or disabling Uber credits
If you have Uber credit on your account, it can be automatically applied to trip fares and cancellation fees. You can always see how much credit you have on your account by selecting “Payment” from your app menu.
You can toggle credit On or Off after you’ve set your destination and before you select your vehicle option.
1. Tap the white credit bar above the black REQUEST button and then tap “Change payment method.”
2. On the “Payment Options” screen, use the slider on the bar next to your credit amount.
3. Slide to the left to toggle credit Off. Slide to the right to toggle credit On.
Please note that once the trip has been requested, you cannot toggle your credit On or Off. If you wish to switch your payment method, tap HELP in your app to let us know. We’ll be happy to switch it for you.
When you’re charged a fare or fee greater than your credit amount, your selected payment method is charged the remaining balance. You can select or add your preferred payment method before or during a trip.
You understand and agree that you may be photographed and/or videotaped in connection with the Promotion, and you may also be asked to participate in related interviews and a roundtable. By opting into the Promotion, you confirm that you irrevocably consent to the use of your name, statements, quotes, stories, image/photograph, appearance, likeness and/or other information, including any audio-visual recordings of you, for all advertising, promotional or other commercial or non-commercial purposes of Uber, its affiliates and/or related third parties in all media now or hereafter known, worldwide and in perpetuity without additional compensation.
Warranties and Indemnities
To the maximum extent permitted by law, you indemnify and agree to keep indemnified Uber at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Uber from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any misrepresentation made by you in connection with the Promotion; (ii) any non-compliance or improper understanding of these Terms and Conditions; (iii) acceptance, possession, misuse or use of Uber credits; (iv) inability to use your car, company car or any other car available in your household due to storage of your keys during the Promotion Period by Uber and any inconvenience it may cause to you and your relatives; (v) loss of individual numbered tag to identify your keys for their collection upon the end of Promotion Period.
- Participation in this Promotion will be subject to the standard terms and conditions governing access and use of the Uber App, including our Privacy statement.
- You accept and agree that for the purposes of this Promotion Uber may need to provide your personal information to Third Parties (such as: Modalizy, Zipcar) for the purpose of you being able to use alternative transportation methods.
- Uber assumes no responsibility for any typographical or other error in the administration of the Promotion or communication either from Uber or third Parties.
- To the extent permitted by law, Uber reserves the right to change the Terms and Conditions for this Promotion without any notice. Any changes to the Promotion details or these Terms and Conditions will be posted on Uber’s website.
- You are deemed to have accepted and agreed to be bound by these Terms and Conditions upon opting into the Promotion. Uber reserves the right to refuse Participants who are in breach of these Terms and Conditions and/or applicable laws and regulations of the country in which you reside.
- Uber will not in any circumstances be responsible or liable to compensate any individual who is unable to participate in the Promotion due to breach of these Terms and Conditions and/or failure to comply with applicable laws and regulations of the country in which you reside.
- If there is any reason to believe that there has been a violation (or attempted violation) of these Terms and Conditions, the spirit of these Terms and Conditions, and/or applicable laws and regulations of the country in which you reside, Uber may, at its sole discretion, refuse to process your Participation and/or void your entry to the Promotion.
- Extensions of deadlines are not permitted at any time.
- Uber reserves the right to hold void, cancel, suspend, or amend the Promotion where it becomes necessary to do so.
- Any liability of Uber arising in connection with the Promotion shall be several and Uber accepts no joint and several liability in connection with the Promotion.
- The invalidity or unenforceability of any provision, or part thereof, of these Terms and Conditions will not affect the validity or enforceability of any other provision or part thereof. In the event that any provision, or part thereof, of these Terms and Conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions, or parts thereof, will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Uber’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that term or any other provision of these Terms and Conditions.
- In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Promotion–related materials and these Terms and Conditions, these Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Uber’s sole and absolute discretion.
- These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Promotion or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless a Participant does not speak English, in which case the mediation and/or arbitration shall be conducted in both English and Participant’s native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either you or Uber in terms of the applicable laws and regulations of the country in which you reside.
- The promoter of this Promotion is Uber B.V., a private limited liability company incorporated under the laws of the Netherlands (registration number 56317441), with a registered address of Vijzelstraat 68, 1017 HL Amsterdam