The use of the electrically powered vehicles of the “Bird” brand is based on this framework agreement and separate rental agreements for each individual journey (individual rental agreements), which you can conclude via the Bird app. The following General Terms and Conditions of Business and Use are an integral part of this framework agreement and the individual rental agreements.
*****
Please read the following General Terms and Conditions of Business and Use carefully and confirm them at the end by ticking the appropriate box.
*****
The framework agreement with the following provisions and the following individual rental agreements are concluded between you (hereinafter also referred to as the “user“) and
BirdRides Switzerland GmbH
Bahnhofstrasse 10
CH – 6300 Zug
Switzerland
E-mail: hello@bird.co
(hereinafter also referred to as the “operator“)
§1
Scope of application, definitions
1.1 The operator rents out electrically powered vehicles of the “Bird” brand in Switzerland.
1.2 The contractual relationship between the user and the operator shall be governed exclusively by the following General Terms and Conditions of Business and Use. Deviating general terms and conditions of the user is not recognised unless the operator expressly agrees to their validity in writing.
1.3 In the context of these General Terms and Conditions of Business and Use, the following definitions also apply:
“Bird Rides” is Bird Rides Europe B.V. (based in the Netherlands). Bird Rides Europe B.V. is part of the globally active Bird Rides Group which operates the website bird.co (hereinafter also referred to as the “Bird Website“).
“Bird app” is the application developed and distributed by Bird Rides for internet-enabled mobile phones, which serves, among other things, as a means of access for reserving and renting vehicles of the “Bird” brand within the Bird business area. The general terms and conditions and terms of use of the Bird app as well as details on the technical availability and the respective range of functions of the Bird app can be found on the Bird website via this link. The rental of Bird vehicles is only possible via the Bird App. Neither the operator nor Bird Rides guarantees the compatibility of the User’s mobile phone with the Bird App.
“Bird business area” is the respective area in a city within whose boundaries Bird vehicles can be rented and used. The respective Bird business areas can be viewed in their current form on the Bird website or in the Bird app.
“Bird user account” is the user profile created by the user via the Bird app or the Bird website. The user must keep the data stored in their user profile up to date at all times.
“Bird vehicle” is any electrically powered vehicle owned by the Operator.
1.4 Sections 2, 3, and 4 of this framework agreement contain general provisions that concern the relationship between the parties even before the conclusion of an individual rental agreement. Section 5 governs the conclusion of an individual rental agreement for the use of Bird vehicles. Section 6 onwards regulates the respective contractual obligations and rights during an individual rental agreement.
1.5 These General Terms and Conditions of Business and Use are supplemented by the applicable Tariff and Cost Regulations. The applicable tariff and cost regulations are available in the Bird app.
§2
Rental concept
2.1 Bird vehicles are rented on the basis of a “free-floating” (freely available) rental concept. According to this concept, Bird vehicles can be rented by activating an available Bird vehicle via the Bird app. The user can drive the Bird vehicle to any destination within the Bird business area. Before traveling, however, the user must check in the Bird app that the destination and the route are within the Bird business area. At the destination, the user returns the Bird vehicle by parking it – in accordance with section 6 below – and terminating the rental agreement via the Bird app. Any user can then rent the returned Bird vehicle again.
2.2 The operator is not a provider of transport services. If the user requires a transport service, all means of public and private transport are available, including bus and train connections, taxis and pedestrian routes. The operator only rents Bird vehicles as an alternative and convenient means of transport.
2.3 The operator may give the user the option of reserving a Bird vehicle before the journey. Insofar as the operator makes such a reservation option, the maximum reservation period and any reservation fees are displayed in the Bird app and must be confirmed by the user.
2.4.Bird vehicles available near the user’s location are displayed in the Bird app. However, neither the Operator nor Bird Rides guarantees the accuracy or completeness of the information regarding the vehicles shown. In principle, Bird vehicles are available for rental 24 hours a day, 7 days a week, and 365 days a year, subject to the number of vehicles available within the relevant Service Area. This availability does not, however, guarantee that a user will find a vehicle nearby at the desired time. Furthermore, the Bird service may be interrupted or rendered unavailable at any time, including but not limited to cases of force majeure, requests from local authorities, network outages beyond our control, maintenance, or any other cause outside our reasonable control. As a result, neither the Operator nor Bird Rides can guarantee the availability of a vehicle at a specific time and location.
2.5 Bird vehicles are regularly maintained and checked for roadworthiness by the operator or third parties authorised by the Operator. However, due to the “free-floating” rental concept, neither the operator nor a third party authorised by the operator can check a Bird vehicle after each individual journey. Therefore, the user must carry out a simple visual inspection before using a Bird vehicle (see Section 14.1).
2.6 The Bird vehicle is an electric vehicle that requires power from a battery installed in the vehicle for operation. The Bird app provides an approximate remaining range for each available Bird vehicle. The user has to check whether the desired destination can be reached. However, as with any electric vehicle, it should be noted that the charge level of the battery decreases with the use of the Bird vehicle (both over time and over distance). The reduction in the state of charge during use depends on the vehicle, road conditions, weather conditions and other factors. As the battery charge level decreases, the speed and other functions of the vehicle may decrease or the vehicle may stop operating altogether, even before reaching the user’s desired destination. If the vehicle stops operating, the
User to return the Bird vehicle in accordance with the provisions of Section 6 and to terminate the rental agreement in accordance with the provisions of Section 7.
2.7 If the state of charge of the battery of a Bird vehicle falls below a certain threshold, the Bird vehicle can no longer be rented.
2.8 The battery may only be charged by the operator or a third party authorised by the operator. The battery may only be charged using certified equipment. Therefore, the user cannot and must not charge the battery independently.
§3
Requirements for renting a Bird vehicle
3.1 Only Bird vehicles that are displayed as “available” in the Bird app and that do not display any malfunctions can and may be rented.
3.2 In order to rent a Bird vehicle, the user must have an internet-enabled mobile phone, have properly installed the Bird app and created a Bird user account. The user is responsible for mobile data communication and bears the costs charged by their mobile phone provider.
3.3 The user may not rent a Bird vehicle if he/she knows for a fact at the time of rental or must expect with a high degree of certainty that no internet connection will be possible at the destination of the journey, e.g. due to a known lack of network coverage or because the battery of the mobile phone used is already almost empty at the start of the journey or the smartphone is malfunctioning.
3.4 It is prohibited to gain access to a Bird vehicle by manipulating the Bird app or the vehicle or in any other way not authorised by the operator.
§4
Driving authorisation
4.1 Only persons who are at least 18 years old and have an active Bird user account are authorised to drive Bird vehicles.
4.2 The user must be able to drive the Bird vehicle safely in accordance with the applicable traffic and regulatory provisions. He must also have a minimum knowledge of driving Bird vehicles and have read the materials provided by the operator or Bird Rides on the safe handling of Bird vehicles.
4.3 The user (including luggage) must not exceed a maximum weight of 100 kg.
4.4 The user is not authorised to hire a Bird vehicle if he/she is under the influence of alcohol, drugs, medication or other substances that could impair his/her ability to drive.
§5
Conclusion and duration of individual rental agreements, group rides
5.1 Bird vehicles are rented out exclusively via the Bird app. The individual rental agreement between the user and the operator is concluded via the Bird app.
5.2 To rent a Bird vehicle marked as available, the user scans the QR code of the Bird vehicle with the Bird app and then activates it in the Bird app.
5.3 When the Bird vehicle is activated by the user, a rental agreement is concluded with these General Terms and Conditions of Business and Use and the currently valid tariffs.
5.4 The individual rental agreement begins when the user activates the Bird vehicle. The individual rental agreement ends when the user returns the Bird vehicle (Section 6) and has terminated the rental agreement via the Bird app (Section 7). However, the rental agreement ends automatically no later than 24 hours after activation. After termination of the rental agreement, the user can rent the Bird vehicle again.
5.5 The Provider may give the user the option of renting several Bird vehicles at the same time (so-called “group ride“). Whether the Provider offers the option of a group ride, the maximum possible number of Bird vehicles for such a group ride and the fees incurred for this are displayed to the user in the Bird app before the rental. For each Bird vehicle rented as part of a group ride, an individual rental agreement is concluded between the user and the Provider in accordance with section 5.3.
5.6 Only persons known to the user by name and who are authorised to drive in accordance with Section 4 may be included in the group ride. It is not permitted to pass on a Bird vehicle to persons who are not known to the user by name or who are not authorised to drive in accordance with Section 4. The operator reserves the right to require the user to provide an e-mail address for each additional driver before the start of a group ride. In this case, the user must provide a valid e-mail address for each additional driver.
5.7 The user must ensure that the provisions of this Framework Agreement and each Bird vehicle belonging to the group ride are complied with.
The user must always comply with the provisions of the individual rental agreement (in particular Section 6 on the return of the Bird vehicle and Section 12 on the duties of behaviour during use) by each driver of the group ride. The user shall be liable for any breaches of this framework agreement or the respective individual rental agreement caused by other drivers of the group ride as if they were their own fault. In the event of damage to a Bird vehicle belonging to the group ride or accidents, the user is obliged to provide the operator with the information required to identify the driver of the group ride concerned.
§6
Return of the Bird vehicle
6.1 If the user wishes to return the Bird vehicle, he must park it upright and using the folding stand.
6.2 The user is obliged to return the Bird vehicle and associated equipment provided by Bird in the same condition in which it was received, with the exception of the state of charge of the Bird vehicle’s battery and wear and tear of the vehicle and associated equipment caused by normal use. The user is liable for all damage to the rented Bird vehicle and the equipment provided by Bird that the user has culpably caused.
6.3 The return of a Bird vehicle is only possible within the Bird business area.
6.4 The vehicle may only be returned to a parking location that is accessible and visible to everyone, and that does not violate road traffic regulations or parking bans. The parked Bird vehicle must not obstruct other vehicles or pedestrians. In particular, parking the Bird vehicle is not permitted:
– in violation of parking laws (e.g. legal requirements to leave sufficient space for pedestrians on the footpath, parking on
disabled parking spaces);
– in restricted or fenced areas;
– on private property;
– on private or company premises (e.g. multi-storey car parks, rear courtyards, etc.), unless these are expressly designated as Bird parking spaces;
– in customer car parks of shopping centres, supermarkets, restaurants etc. as well as car parks of universities and similar institutions; and
– in areas with day- or time-related and vehicle-related restrictions on parking authorisation.
6.5 If the user culpably parks the Bird vehicle in an unauthorised location, the user shall also be liable for any costs incurred by the Operator, insofar as these costs are justified (e.g. justified fines, administrative fines, official costs and fees for the relocation or removal of the Bird vehicle).
§7
End of contract, termination of the individual rental agreement via the Bird app
7.1 The individual rental agreement ends when the user has properly parked the Bird vehicle in accordance with the regulations on returning the Bird vehicle in accordance with Section 6 and terminates the use of the Bird vehicle via the Bird app (or after 24 hours at the latest, see Section 5.4).
7.2 After parking the Bird Vehicle, the user must follow the steps specified in detail in the Bird app and wait until the Bird app has expressly confirmed the termination of use. If the user leaves the Bird vehicle despite not having received confirmation from the Bird app, the rental agreement shall continue to run until automatic termination.
7.3 If the rental process cannot be terminated – for whatever reason – the user must immediately contact Bird via the Bird app or by email hello@bird.co and to remain with the Bird vehicle until he has been informed of the further procedure for terminating the rental agreement. The operator will then arrange for the blocking and return of the Bird vehicle and the rental agreement will be terminated. Otherwise, if the user is responsible for the non-termination of the rental agreement, the user remains obliged to pay the rent until the actual termination of the rental agreement. The user is responsible, for example, in the event of a flat battery or malfunction of the smartphone, loss of the smartphone during the journey, a parking location outside the Bird business area or network reception faults known to the user.
7.4 If the user culpably breaches his obligation to properly terminate the rental contract, he is obliged to compensate the operator for the damage resulting from the breach of duty (example: the user is liable for the value of the Bird vehicle if he culpably leaves it behind without confirmation notification from the Bird app and the Bird vehicle, which has therefore not yet been locked, is subsequently stolen by a third party).
7.5 When the Bird app confirms the successful return of the Bird Vehicle, the user will be shown the total rental period and the rental price to be paid (total price).
§8
Rent payable by the user
8.1 The rent to be paid by the user to the operator for the use of the Bird vehicle is based on the tariffs valid at the time of conclusion of the individual rental agreement and, if applicable, a tariff selected by the User. The rent and the tariff options are displayed in the Bird app before the agreement is concluded (activation of the Bird vehicle). As a rule, the rental includes an unlocking or starting fee and is charged according to the time driven (per each minute started) or distance and/or a minimum charge.
8.2 A change in the rent during the term of the individual rental agreement (Section 5.4) is excluded.
8.3 All prices and fees stated in the Bird app are final prices, including statutory VAT.
8.4 The user may only offset against the Operator’s claims if the User’s counterclaim is undisputed or has been recognised by declaratory judgement.
8.5 The user may only assert a right of retention if his counterclaim is undisputed or has been recognised by declaratory judgement.
8.6 The operator reserves the right to assign its claims arising from the rental agreement to a third party, in particular for the purpose of debt collection.
§9
Direct debit authorisation
9.1 The user authorizes Bird Rides to collect the rental fee, any recurring payments selected by the user as a tariff option and any other charges payable under this agreement by debiting any payment method (credit card, debit card or other permitted payment method) on file in the Bird user account. When you provide a payment method, our system may attempt to verify the information you entered. We may do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your payment method expires and you do not update your information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
9.2 If the user is of the opinion that amounts have been debited unjustifiably, they can contact Bird Rides via the Bird app or by email (hello@bird.co). Bird Rides will then check the circumstances and refund any unjustified debits.
§10
Obligations of the user to update the Bird user account, for the specified payment methods and to have sufficient funds in his account
10.1 The user must always keep the mandatory information stored in the Bird user account up to date. If the data is not up to date, the operator and Bird Rides reserve the right to suspend or terminate the Bird user account permanently blocked. This block can be cancelled as soon as the data has been updated by the user.
10.2 The user must ensure that the means of payment selected for payment have sufficient funds.
10.3 If a debited amount is charged back for reasons for which the user is responsible, for example, if there are insufficient funds in the account or the account details are incorrect, the user shall bear the resulting costs.
§11
Promotions
11.1 The operator may, at its own discretion, organise promotions and provide promotional codes for discounts or credit notes.
11.2 Such promotion codes
– may only be used by the addressees and for the intended purpose,
– may not be reproduced, sold or transferred in any way unless expressly authorised by the operator;
– can be withdrawn by the operator at any time and without giving reasons;
– may only be used in accordance with the conditions specified by the operator for the respective promotion code;
– cannot be exchanged for cash or bank deposits; and/or – may be subject to quantity or value limits.
11.3 The operator may block the user’s promotion codes or exclude the user from promotions if the user has acquired the promotion codes erroneously, fraudulently, illegally or otherwise in breach of this rental agreement or has violated the conditions applicable to the respective promotion code.
§12
Behavioural obligations of the user during the use of Bird vehicles
12.1 Treatment of the Bird vehicle: The Bird vehicle is the property of the Operator. The user must treat the Bird vehicle with care and attention and not leave it unattended during the hire period. The user may not disassemble the Bird vehicle, or modify, repair, or deface it in any other way. The user may not affix any stickers to a vehicle or remove any stickers that have been affixed. Bird vehicles may not be used for advertising or other commercial purposes without the express written permission of the operator.
12.2 Sole use: The Bird vehicle may only be used by the user alone. The vehicle may only be passed on or transferred for use to persons other than the user within a group ride to persons known to the user by name (Section 5.6). The carriage of other persons (including children and infants) is not permitted.
12.3 Weather conditions: The user must ensure that the weather and road conditions allow safe operation of the Bird vehicle before starting the journey and during the journey. The driving behaviour and braking distance must be adapted to the weather, visibility, surroundings, and road traffic conditions. In particular, in rain, fog, snow, hail, ice, heat or thunderstorms, the user is obliged to exercise increased caution and must interrupt the journey if safe continuation of the journey is no longer guaranteed.
12.4 Observance of the Bird business area: The Bird vehicle may only be moved within the respective Bird business area in compliance with any restricted areas.
12.5 No transport: The Bird vehicle may not be transported (i.e. not moved with its own drive or on its own wheels) without the consent of the operator.
12.6 Compliance with laws and third-party rights etc.: When using the Bird vehicle both in public traffic areas and on private land, the user must comply with the relevant laws (in particular the German Road Traffic Regulations (StVO)) and the rights of third parties.
12.7 Carrying luggage: No items such as rucksacks or bags may be placed on the handlebars of the vehicle or hung on the handlebars. The operator also advises against carrying or holding a briefcase, rucksack, bag, or any other object during the journey that could alter the balance, add weight, or affect the safe operation of the vehicle. If the user nevertheless decides to carry such an object, they must ensure that the object fits snugly against the body or is otherwise secured and does not impair the ability to operate the Bird vehicle safely.
12.8 No use of mobile phones, etc.: The use of mobile phones, smartphones and other portable devices while driving is prohibited. The user may only use their smartphone as a GPS if the vehicle is equipped with an appropriate phone holder. The use of headphones or earphones while driving is prohibited.
12.9 Ability to drive: The use of Bird vehicles under the influence of alcohol, drugs, medication or other substances that could impair your ability to drive the Bird vehicle safely is prohibited.
12.10 Locking the Bird vehicle: The user may only use locking mechanisms provided by the Operator. The user may only attach an additional lock or lock a Bird vehicle on the express instructions of the Operator.
12.11 Prohibited forms of use: Bird vehicles may not be used for racing, hill climbing or stunt or trick driving. It is also not permitted to use the vehicle on unpaved roads, to drive through water (except on wet roads, especially in the rain, see Section 12.3) or through restricted areas. Furthermore, the user may not sublet the Bird vehicle or offer it for sale.
12.12 Consequences of the breach of behavioural obligations: If the user culpably breaches one of the aforementioned behavioural obligations, he/she is obliged to compensate the operator for the damage resulting from the breach of duty.
§13
Notification obligations of the user in the event of accidents, traffic offences, theft
13.1 The user must report each of the following events to the operator without delay, regardless of whether the user has caused or contributed to the event:
– any accident or collision;
– any damage to the vehicle;
– any personal injury or damage to property or related equipment provided by the operator;
– any traffic offence, insofar as this is punished by the authorities, in particular by the threat or imposition of a warning fine or administrative fine; and
– any theft or other loss of the rented Bird vehicle or the equipment provided by the operator.
13.2 In the event of an accident involving personal injury or damage to property, the user must call in the police to record the accident.
13.3 If the police have not immediately recorded an accident or other damaging event, or in the event of theft or other loss of the Bird vehicle, the user must report the event to the police immediately, at the latest within 24 hours.
13.4 If the user culpably violates one of the aforementioned notification obligations, he is obliged to compensate the operator for the damage resulting from the breach of duty.
13.5 The operator shall cooperate with the police and other law enforcement authorities and provide them with the required information about an incident.
§14
User obligations with regard to safety and the wearing of helmets
14.1 Before each use of a Bird vehicle, the user must carry out a simple visual inspection, which includes the following safety-related points:
– Obviously, incorrect position of the wheels;
– Functionality of the throttle, brakes, and lights; and
– Obvious signs of damage, unusual or excessive wear, or other obvious and apparent mechanical problems or maintenance requirements.
14.2 If the user discovers a problem with the Bird vehicle during the visual inspection in accordance with Section 14.1, the user may not use it. In addition, the user must notify the operator so that the operator can remove the affected Bird vehicle from service and rectify the problem in order to protect the user, other users and third parties.
14.3 If the Bird vehicle reports a problem during the journey (warning light or error display), the user must interrupt the journey immediately and contact the operator via the Bird app to determine whether the journey can be continued.
14.4 The operator recommends that the user wears a helmet while riding. The helmet should comply with the relevant standards and be correctly dimensioned, fitted, and fastened in accordance with the manufacturer’s instructions. Use of a Bird vehicle without a helmet is at your own risk.
§15
Insurance cover
15.1 The Bird vehicle is covered by liability insurance.
15.2 If the user is obliged to pay compensation due to an insured event, any insurance benefits shall be offset against the user’s obligation to pay compensation.
§16
Obligations and liability of Bird
16.1 The operator does not provide spaces or routes for the use of Bird vehicles and does not guarantee that the user will always have a safe space or route for his journey to the desired destination.
16.2 In all other respects, the operator shall be liable in accordance with the statutory provisions for damage caused by the operator or its vicarious agents through intent or gross negligence.
16.3 The operator shall only be liable for simple negligence in the event of a breach of a material contractual obligation and the amount shall be limited to the foreseeable damage typical of the contract. Essential contractual obligations are those that make the proper fulfilment of the agreement possible in the first place and on whose compliance the user may regularly rely. This provision also applies to legal representatives and vicarious agents of the operator.
16.4 The Operator’s limitations of liability shall not apply within the scope of guarantees given, in the event of culpable injury to life, limb or health or for claims arising from the Product Liability Act.
§17
Cancellation
17.1 The user may terminate an individual rental agreement at any time in accordance with Section 7. Ordinary cancellation of an individual rental agreement by the operator is excluded.
17.2 The user can terminate this framework agreement at any time. The operator may terminate this framework agreement with one month’s notice.
17.3 The operator may terminate this Framework Agreement and each individual rental agreement with immediate effect for cause and demand that the user immediately surrender the Bird vehicle or block the Bird vehicle if the user breaches material contractual obligations, in particular behavioural obligations pursuant to Section 12, cooperation obligations pursuant to Section 13 or safety-related obligations pursuant to Section 14. The same applies if the User’s Bird user account is blocked due to default in the payment of outstanding amounts or for other reasons for which the user is responsible.
17.4 The statutory right to extraordinary termination of this framework agreement and an individual rental agreement for good cause remains unaffected for both parties.
§18
Confidentiality
18.1 All personal data of the user shall be stored by the operator in accordance with its currently valid Privacy Policy.
18.2 The currently valid privacy policy of the operator and its affiliated companies can be viewed via this link.
§19
Applicable law
This framework agreement and each individual rental agreement between the operator and the user, including these general terms and conditions of business and use, are subject to Swiss law.
*****
DECLARATION OF CONSENT OF THE USER
I confirm that I have read the above General Terms and Conditions of Business and Use and hereby expressly accept them.
I declare that I am familiar with the operation of a vehicle and that I am physically and otherwise capable of driving a vehicle safely in accordance with the applicable traffic and regulatory provisions. I declare that I am at least 18 years old, that I will wear a helmet where required by law, that I will not drive the vehicle with passengers, and that I will comply with all traffic regulations.