Terms & Conditions
Article 1: Definitions
In these General Terms and Conditions the following terms have the following meaning:
- Account: the personal account of the App User on the uMOB App that gives the App User the option, inter alia, to view and change his/her data and to make use of the Service.
- App User(s): The natural person who makes Use of the uMOB App and the Services of the Service Providers.
- Service(s): Mobility services and/or products and services of Service Providers (e.g. booking a trip, starting a trip or a trip with a (shared) car, scooter, bicycle, public transport and the payments thereof) which the App User can use and which uMOB invoices to the App User on the basis of a Contract. For a summary of the mobility services see umob.app.
- Service Providers: Mobility providers or other services providers relating to use, delivery, payment and/or purchase of Services to or by the App User.
- Use: The use of the uMOB App in the broadest sense of the word, including viewing and visiting the uMOB website, creating an Account, registering, using, cancelling and paying for Services.
- Information: All information, recommendations and/or services which are offered to the App User via the uMOB App, including (the prices and terms of) the Services.
- Customer Service: The uMOB customer service, available on telephone number 010 – 808 30 36 on working days from 9:00 a.m. to 5:00 p.m. Email: email@example.com.
- Contract: The contract for Use between the App User and uMOB, or third parties engaged by uMOB.
- Privacy Statement: The privacy statement as applied by uMOB, the most recent version of which is available on https://umob.app/terms-conditions/.
1.11 Driving License: European driving licenses from the European Union (EU), and/or the European Economic Area (EEA) and Switzerland.
1.12 Transaction(s): Every registered transport movement executed by an App User.
1.13 uMOB: uMOB B.V., having its registered office in Rotterdam, having a place of business at Zevenkampse Ring 342 B, 3068 HG Rotterdam, registered in the Business Register of the Chamber of Commerce under number 82484724, VAT number NL862488837B01.
1.14 uMOB App: The uMOB smartphone application which serves, inter alia, as an access medium for the Use of a Service.
Article 2. Applicability
2.1 These General Terms and Conditions apply to every offer and every Contract or Transaction that is established.
2.2 Before the App User can use the uMOB App, the App User must accept these General Terms. This takes place because uMOB makes these General Terms available to the App User electronically in the uMOB App and the App User must accept these General Terms online when creating an Account. Before the Contract is made remotely, the text of these General Terms is made available to the App User in such way that it can be stored by the App User in a simple manner on a durable data carrier. If this is not reasonably possible, before the Contract is remotely made, it shall be indicated where the General Terms can be electronically viewed and that they shall be sent on the App User’s request electronically or in some other way, free of charge.
2.3 By creating an Account and the use of the uMOB App, the App User agrees to the applicability of these General Terms.
2.4 In the event that in addition to these General Terms, specific product or service terms and conditions of uMOB apply (such as references via the uMOB App to the uMOB website for information purposes), the first and second paragraphs apply mutatis mutandis and the App User can, in case of conflicting terms and conditions, always invoke the applicable provision which is most favourable to him/her.
2.5 uMOB has the right to change and/or supplement the General Terms. The changed General Terms shall enter into force at the time of publication thereof and shall be brought to the attention of the App User during the Use. If the App User continues using the uMOB App after change and/or supplementation of these General Terms, the App User thereby irrevocably accepts the changed and/or supplemented General Terms. If the App User does not consent to the changed and/or supplemented General Terms, his/her only option is to no longer use the uMOB App and remove his/her Account.
2.6 The Services of various Service Providers which the App User can use which can be booked, used for travel and paid directly from the uMOB App, are covered by these General Terms.
2.7 The Services which the App User can use are offered by the Service Providers. uMOB is not a party to the legal relationship which is established between the App User and Service Providers with regard to the individual (transport) contracts. The Service Providers shall provide the Services directly to the App User. The contract with the Service Provider in question is always subject, in addition to these General Terms, to the general terms and conditions and the privacy statement of the Service Provider in question. By agreeing to these General Terms, the App User accepts the latter general terms and conditions and privacy statement. At present, the following Service Providers are affiliated with their own general terms and conditions, whereby a link is included below per mobility provider to their terms and conditions (where the terms and conditions can be viewed and downloaded):
uMOB can add mobility providers at any time. During the booking process the App User must accept the general terms and conditions and privacy statements of the Service Providers in question online.
2.8 For the use of Public Transport services, the specific terms and conditions of part A of Apply. The most recent version can be found on https://umob.app/terms-conditions-public-transport/
2.9 In case of a conflict between translations of the text of these General Terms, the Dutch text shall always prevail.
Article 3. Offer
3.1 All offers are entirely without commitment, indicative and not binding, unless the contrary is explicitly stipulated in writing.
3.2 The offer contains a full and accurate description of the offered Use, the offered products, digital content and/or Services. The description is sufficiently detailed to enable a good assessment of the offer by the App User.
3.3 Every offer contains such information, that it becomes clear for the App User what the rights and obligations are, that are connected to acceptance of the offer.
Article 4. The Contract
4.1 If the App User has accepted the offer for registration at uMOB for Use electronically, and has created an Account, uMOB confirms the receipt of the acceptance of the offer. The Contract is made at the time that uMOB has accepted the application in writing or electronically. As long as receipt of this acceptance has not been confirmed by uMOB, the App User can cancel the Contract.
4.2 If the Contract is made electronically, uMOB shall take appropriate technical and organisational measures to secure the electronic transfer of data and uMOB shall provide a safe web environment. If the App User can pay electronically, uMOB shall take suitable safety measures in this respect.
4.3 uMOB can investigate within statutory limits whether the App User can perform his/her payment obligations, as well as all those facts and factors which are relevant for responsibly entering into the Contract remotely. If on the basis of this investigation uMOB has good grounds for not entering into the Contract, uMOB is entitled, presenting reasons in this respect, to refuse an application or attach special conditions to the performance of the Contract.
4.4 uMOB (or a third party that uMOB has engaged as an intermediary) shall at latest when creating the Account, and with regard to trip prices/costs at latest before Use of a (mobility) Service, provide the following information, in writing or in such manner that it can be stored by the App User in an accessible manner on a sustainable data carrier:
- i) the uMOB email address and telephone number where the App User file complaints;
- ii) the conditions on which and the way in which the App User can make use of the right of revocation (see Article 7 below);
iii) the information on the provision of Services and service after registration;
- iv) the price including all taxes of the product, service or digital content; and
- v) the method of payment, delivery or performance of the Contract remotely.
Article 5. Duration and notice period
5.1 The Contract with the App User is entered into for an unlimited period of time.
5.2 The App User and uMOB can terminate the Contract immediately without a notice period via the uMOB App or email (firstname.lastname@example.org), unless the App User still has obligations under the Contract. In such case the Contract shall end when all obligations have been performed. After termination uMOB shall invoice the App User for the last Services enjoyed, insofar as these have not yet been invoiced.
5.3 uMOB shall remove the Account six months after termination or cancellation, or as much later as all ongoing obligations under the Contract have been completed. The personal data of the App User on his/her Account shall be stored in conformity with uMOB’s Privacy Statement.
Article 6. Termination
6.1 uMOB can, in addition to the other rights to which it is entitled, suspend and/or cancel the Contract(s) with the App User at any time with immediate effect, without further notice of default and/or court action and without any obligation to pay compensation to the App User by means of notice on the deactivation or blocking of the App User’s Account if:
- i) the App User cannot perform one or more of his/her obligations ensuing from the Contract, or cannot perform such in time or properly;
- ii) the App User has a payment arrears after having received a reminder in this respect;
iii) a petition has been presented for the bankruptcy of the App User;
- iv) on behalf of the App User a petition is made for application of a statutory debt rescheduling arrangement, or such debt rescheduling arrangement is pronounced with regard to the App User;
- v) the App User has committed abuse and/or fraud with the uMOB App;
- vi) at the time of registration or during the term of the Contract, the App User provided incorrect information or withheld facts and it cannot be expected of uMOB that it continues the Contract;
vii) it cannot reasonably be demanded of uMOB that it maintains the Contract (e.g., but not limited to: as a result of a high claims percentage relating to the transport means of Service Providers);
viii) the App User has not made use of a Service for a period of 1 (one) year.
6.2 If one of the situations described in paragraph 1 of this article arises, the App User is obliged to immediately notify uMOB thereof.
6.3 In case of termination of the Contract by uMOB, the App User’s access to the Services shall be blocked with immediate effect upon termination, reservations for future Use shall be cancelled and all costs for Services provided shall be charged and invoiced to the App User.
Article 7. No cancellation/withdrawal right
7.1 The App User agrees to immediate performance by uMOB and immediate provision of the Services via the uMOB App and cannot cancel or rescind the Contract (a services contract/a contract for delivery of digital content which is not provided on a material carrier).
7.2 Prior to entering into the Contract, the App User states in advance to agree to immediate performance/delivery within the cooling-off period, and explicitly waives the right of withdrawal on the basis of the statutory exception set out in Article 6:230p under g of the Dutch Civil Code.
7.3 Products which uMOB has made available for free are subject to a return period of 14 days after the date when the contract relating to the delivery of the product was made. Shipping costs are at the App User’s expense.
Article 11. The uMOB App
11.1 uMOB manages the uMOB App. By Using the uMOB App, the App User agrees to the applicability of these General Terms (including the general terms and conditions of Service Providers) as described in Article 3.
11.2 The uMOB App offers the App User the option of registering his/her travel movements. It is necessary that the App User grants consent for the processing of his/her location data (gps location). This consent is requested in the uMOB App. The uMOB Privacy Statement contains more information on the processing of (personal) data if a choice is made to register travel movements in using the uMOB App.
11.3 The Information in the uMOB App is only offered for general information purposes and does not encompass any advice or recommendations. The Information which is made available by means of the uMOB App has been compiled with care. uMOB shall reasonably keep the Information on the uMOB App and the content thereof accurate and up to date, but does not give a guarantee that the uMOB App and/or the Information is/are free of errors, defects, malware, viruses or that the uMOB App and the Information are accurate, complete and up to date.
11.4 uMOB cannot be held liable for any form of damage or loss (including costs), of any nature whatsoever and regardless of whatever basis, which is the result of the Use (or the (temporary) impossibility of Use), or of any action or omission of the App User, including damage or loss caused by malware, viruses or any form of inaccuracy or inadequacy of the Information. uMOB does not give any guarantee that (all parts of) the uMOB App will be accessible at all times and without interruptions, malfunctions or viruses and the like. uMOB is not in any way liable or subject to a duty to pay compensation with regard to the App User for any damage or loss ensuing from or that is the result of the (temporary) lack of availability of or (interim) downtime of the uMOB App.
11.5 The App User accepts that uMOB only contains the functionalities and other characteristics as he/she finds these on the uMOB App at the time of Use (on “as is” basis). uMOB expressly excludes explicit and tacit guarantees, commitments and indemnifications of whatever nature, including but not limited to guarantees, commitments and indemnifications relating to quality and safety. uMOB cannot be held liable for loss or damage which is the result of the use (or the impossibility of the use) of electronic communication forms, whether or not in relation to the uMOB App, including but not limited to damage or loss which is the result of malfunction, interruption or delay in delivery of electronic communications, interception or manipulation of electronic communications by external parties or by computer programs which are used for electronic communications and the transfer of viruses.
11.6 The App User guarantees to uMOB that the data that he/she provides when creating his/her Account are complete, current and correct. The App User acknowledges and understands that the correctness, topicality and completeness of the data provided is of great importance for the optimal working of the uMOB App. It is explicitly not permitted to create an Account in the name of another person. During the registration the App User must enter login data, which shall provide access to his/her Account. The App User is him-/herself responsible for the confidentiality, safe storage and use of the login data and passwords. The Account is strictly personal and non-transferable. The App User is not permitted to provide his/her login data and passwords to third parties. The App User is liable for all Use that is made of the uMOB App via his/her login data. uMOB may assume that the App User is in fact the person who logs in using his/her login data. As soon as the App User knows or has reason to suspect that login data have ended up in the hands of unauthorised persons, the App User shall notify uMOB thereof, without prejudice to his/her own obligation to immediately take effective measures him-/herself, such as changing the password. uMOB is not liable for damage or loss ensuing from any use without authorisation or right or fraudulent use of or access to the App User’s Account by third parties; any damage, loss and costs as a result are at the App User’s expense and risk.
11.7 The App User indemnifies uMOB against and holds uMOB harmless against all possible claims of third parties (including Service Providers) for compensation of damage or loss and/or costs as a result of the use of the uMOB App, including but not limited to (extra)judicial costs.
11.8 The uMOB App can offer links to external internet sites. uMOB is not liable for the use and the content of internet sites which are linked to or from this site. The uMOB Privacy Statement does not apply to any processing of personal data on or via such external sites.
11.9 All rights concerning the uMOB App and the Information, including all intellectual property rights (including but not limited to database rights, copyrights, neighbouring rights, mark and trade name rights, designs, look & feel, templates of Accounts, video, audio and pictorial or photo material, drawings, methods, techniques, programs, software, know-how, design, forms, domain names) are the exclusive property of uMOB or its licensors. The Contract shall not result in any transfer of intellectual property rights by uMOB to the App User. The App User shall only have a right of use consisting of the Use in accordance with these General Terms. The App User shall also receive consent to read the uMOB App and the Information and to make copies for his/her own Use, e.g. by printing or storage. The App User is not permitted to use the uMOB App for commercial purposes or for other purposes than for personal Use. Any other form of use of the uMOB App or the Information, e.g. making the uMOB App available to third parties, selling it, leasing it or decompiling it, reverse engineering it, the storage or reproduction of (a part of) the uMOB App in any external internet site, the framing of uMOB, the embedding of Information, the creation of links, hypertext links or deep links between the uMOB App and any other internet site or any other use, is prohibited.
11.10 The App User is explicitly not permitted to reproduce or disclose information, data and other materials obtained in the framework of the Contract without uMOB’s prior written consent. The App User is not entitled to remove, change or add any indication regarding or referring to intellectual property rights, including but not limited to copyrights, marks or trade names of, from or relating to the products and/or services of uMOB, including indications relating to the confidential nature and confidentiality. It is not permitted to (attempt to) circumvent the security of uMOB or parts thereof, to deactivate such or otherwise (attempt to) affect such or impede or restrict the Use thereof by third parties.
11.11 uMOB at all times has the right to modify the uMOB App, change or remove data, restrict the use of the uMOB App, refuse an App User or deny Services, stop Use, block or remove an Account as well as to block the App User’s access or deny the App User access to the uMOB App in whole or in part, temporarily or permanently, all without stating reasons and fully at uMOB’s discretion, without being bound to pay any costs or compensation.
11.12 uMOB at all times has the right, without prior notice and without being obliged to pay compensation or being liable in any way with regard to the App User, (i) to make procedural and technical changes and/or improvements to the uMOB App and carry out maintenance and (ii) to decommission, restrict or terminate the uMOB App (temporarily or permanently).
11.13 uMOB can make an upgrade for the uMOB App available. The upgrade shall in such case qualify as the uMOB App as referred to in the General Terms.
Article 12. Access tool (App)
12.1 The use of the uMOB App is at the App User’s own expense and risk. For the use of the uMOB App the App User must have access to a compatible device: a smartphone, tablet or other mobile device that satisfies the technical requirements for the uMOB App.
12.2 Certain core functions in the uMOB App require that the uMOB App has an active internet connection. The App User is him-/herself responsible for the option of mobile data communication. Any costs that the telecom provider charges for data transfer are at the App User’s expense. The App User must also see to it that the device remains charged – if the battery is empty, uMOB cannot accept any responsibility if the App User is not able to use or stop a Service as a result thereof.
12.3 uMOB provides access to Services by means of the uMOB App.
12.5 The App User receives or chooses a password during the registration process with which the uMOB App can be unlocked and with which the App User can identify him-/herself using the uMOB App with a Service Provider in order to start a Service. The contract with the Service Provider shall be made as soon as a) the App User starts the Use with his/her details and b) the vehicle/means of transport confirms the rental transaction by way of unlocking itself.
12.6 The App User is obliged to keep the password strictly confidential and not make it available to third parties. The App User agrees to immediately change the password if there is reason to assume that a third party has become familiar with the password.
Article 13. Driving entitlement and verification of Driving License
13.1 The use of various Services is exclusively restricted to natural persons who:
- i) have reached a minimum age of 18 and have been in possession of a valid Driving License to drive a passenger vehicle for a period of at least one (1) year – with regard to certain models of Vehicles a higher minimum age and/or term of possession of the driving license applies, which shall be set out in the uMOB App;
- ii) have their valid Driving License on their person during the Use and who satisfy all conditions and restrictions set out therein; and
iii) possess an active uMOB Account.
13.2 App Users must validate their identity and Driving License via the online or offline validation process in accordance with the instructions set out in the uMOB App.
13.3 Immediately after revocation or loss of the Driving License, the driving entitlement for the Services in question shall lapse for the duration of the revocation or loss. The same applies if a driving prohibition has been imposed: as soon as the qualification to drive has lapsed, the App User is prohibited from making use of the Services in question. In the event of failure to comply with this prohibition, the App User bears the full consequences and any liabilities.
13.4 uMOB reserves the right to ask the App User to at all times prove the validity of the Driving License.
Article 14. Prices and Payment
14.1 All offers of a Service are fully without commitment, indicative and not binding, unless the contrary is explicitly stipulated in writing.
14.2 The App User agrees to pay the prices at the chosen rate that applies at the time that Use starts or, if earlier, the reservation, of a Service. After that, a change to another rate is no longer possible. All rates and fees are stated in the uMOB App or in the applicable prices and costs summary on the website of the relevant Service Provider. These are the definite prices including the applicable VAT rate.
14.3 Prior to the start of a Service, uMOB can pre-authorise a reasonable amount as a deposit on the method of payment chosen by the App User. If a deposit applies, uMOB shall notify the App User thereof and the deposit shall be agreed in the booking process.
14.4 If a Service is not available, the App User shall not be charged any costs.
14.5 Every offer contains such information about a Service, that it becomes clear for the App User what the rights and obligations are that are connected to the acceptance of the offer.
14.6 The App User must select the payment method at latest before the first Service that the App User purchases. uMOB offers as payment methods Apple Pay, direct debit (via iDEAL) and credit card authorisation. Payment with SDD requires direct debit authorisation. The payment method can be altered by the App User during the Contract.
14.7 In order to combat credit card fraud, uMOB at all times reserves the right to execute (safety) checks. uMOB can furthermore check whether at the time of entering the credit card details, the credit card is registered with the issuing institution in the name of the App User as lost, stolen, expired and whether the credit limit is sufficient for the intended reservation. If a suspicion of abuse ensues from these checks, uMOB is entitled to suspend and terminate its obligations under the Contract without prior notice.
14.8 Payments as a private App User shall be effected in accordance with the payment method chosen in the uMOB App. The App User is obliged to ensure that his/her (bank) account from which the transfer or the (SEPA) direct debit takes place, or some other selected payment method, provides sufficient cover. If the bank claims repayment of the transferred amount and the App User is responsible for this, the App User must pay the bank costs, as well as a penalty in accordance with the applicable prices and costs summary.
14.9 If the App User does not perform his/her payment obligation(s) in time, after uMOB has informed the App User of the late payment and uMOB has given the App User a term of 14 days to perform his/her payment obligations, and the App User has not made payment within this 14-day term, the App User shall owe the statutory interest over the amount still owing and uMOB is entitled to charge the extrajudicial collection costs incurred by it, calculated as of the day after the expiry of the 14-day term.
14.10 When preparing invoices, the uMOB records are decisive.
14.11 The App User can send his/her complaint about payments, within the statutory complaint period, to email@example.com. See Article 16 regarding the complaints procedure.
Article 15. Procedure in case of accidents, damage, defects and repairs;
traffic violations, (suspicion of) fraud
15.1 The App User must at all times immediately report damage and defects which occur at the start of or during the Use of a Service, by email to the Customer Service, along with a clear photo. Instructions of the Customer Service must be followed. The same applies if damage or loss arises or has arisen as a result of an accident. For the handling of damage and defects as a result of which the vehicle can no longer be used, the App User must also contact the Service Provider in question. In any case the App User is obliged, in the event of damage and/or defects, to stop using the transport means if this can lead to a worsening of the damage or of the defects or to a reduction of traffic safety.
15.2 In case of theft the App User must immediately contact the Service Provider in question and notify the Customer Service by email.
15.3 The App User must ensure that a claim form of every accident, theft, fire or damage to third parties caused by him/her and or his/her passengers, or other damage whereby a vehicle operated by him/her is involved, is immediately filled in truthfully and that the matter is reported to the police. If the police refuse to register the details of an accident, the App User must immediately report this by telephone to the Customer Service. In such a case the App User must discuss the further procedure with the Customer Service and follow its instructions. This applies regardless of whether the accident was caused by the App User or a third party and/or the damage or loss is minor or not.
15.3 In case of an accident involving a vehicle of a Service Provider which was operated by the App User, the App User may not accept any liability or make a similar statement. If despite this prohibition the App User makes a statement whereby liability is accepted, this only applies to the App User personally. Neither uMOB, nor (its) insurers is/are bound by this acceptance of liability, statement(s) or commitment(s).
- If there is cause for such, uMOB can prohibit the use of a Service (e.g. by remotely deactivating the parked vehicle of a Service Provider). The vehicles shall at all times be parked safely and in accordance with traffic regulations.
- uMOB charges costs for the handling of accidents, claims, defects, violations and the like. The most recent rates can be found on https://umob.app/terms-conditions/.
Article 16. Complaints procedure
16.1 uMOB handles the complaints relating to the uMOB App. For complaints regarding the Services of the Service Providers, the App User must directly turn to the Service Provider in question.
16.2 uMOB possesses a sufficiently published complaints procedure and shall handle the complaint in accordance with this complaints procedure.
16.3 Complaints on the performance of the Contract must be submitted to uMOB within due time after the App User has noted the defects, in full and clearly described.
16.4 uMOB’s goal is to answer submitted complaints within a term of (14) fourteen days as of the date of receipt. If a complaint requires a foreseeably longer processing time, uMOB shall respond within a term of seven days with a confirmation of receipt and an indication when the App User can expect a more detailed answer.
16.5 The App User must in any case give uMOB four weeks to resolve the complaint in consultation.
Article 17. Privacy and cookies
17.1 In order to make the Use of the uMOB App and of the Services possible, it is necessary that uMOB processes the (personal) data of App Users.
17.2 Insofar as the data which are processed by uMOB in the framework of the performance of the Contract in question contain personal data, uMOB shall process these in accordance with the applicable privacy legislation, including but not limited to the General Data Protection Regulation.
17.3 The uMOB Privacy Statement as set out on the uMOB website applies (https://umob.app/privacy-statement/)
17.4 The App User understands and acknowledges that permitting the placing of cookies (functional and analytical) by uMOB is essential for the proper working of the uMOB App. A cookie is a small data file that is stored on the computer/mobile phone of the App User by uMOB via the browser. uMOB has no control over the acceptance of these cookies by the App User and the App User is him-/herself fully responsible and liable for the correct acceptance of these cookies. The App User also acknowledges that applications/apps of uMOB can contain advertising. The uMOB Privacy Statement contains a cookie statement that applies.
17.5 If the App User clicks on a link of a social media platform like Facebook, Instagram and the like, data is automatically sent to the chosen platform as is usual when clicking on hyperlinks. This relates to, inter alia, the App User’s IP address, the type, the setting and version of the web browser and the URL of the uMOB website. The App User is aware of this and agrees to this.
Article 18. Liability
18.1 The App User is responsible and liable for the Use. The App User uses an offered Service via the Service Providers in accordance with commonly accepted principles and shall comply with applicable traffic and parking rules. The App User shall treat the leased items with due care and caution and shall act as a responsible road user.
18.2 The App User is liable and responsible for all damage and loss including excess, fines and other costs ensuing from the contract between the Service Providers and the App User and/or as caused by the App User or actual operator under the Account of the App User (of, e.g., a leased car or bicycle). This article applies both to business trips and to private trips.
18.3 uMOB is in no case liable and/or responsible for damage and loss and/or costs which the App User suffers or incurs directly or indirectly as a result of or in connection with the desired or actual use of the Services. uMOB does not in any way guarantee availability of the Services of the Services Providers. uMOB is in no way liable for defects in the Services, such as defective transport vehicles, non-availability of (sufficient) means of transport and the like.
18.4 uMOB cannot be held liable for direct, indirect or other consequential loss ensuing from the contracts with Service Providers. uMOB has no responsibility and/or liability whatsoever relating to the provision of the Services, conduct of the Service Providers and for the accuracy and completeness of the Information provided by the Service Providers, even if that information can be consulted via the uMOB website or the uMOB App.
18.5 uMOB shall do its utmost to ensure that the uMOB App functions properly. uMOB makes use of the technology of third parties in this respect. uMOB does not guarantee the error-free and uninterrupted function of the aforementioned uMOB applications.
18.6 uMOB is only liable for damage or loss which is the direct result of a shortcoming in the uMOB App which according to the law or according to commonly accepted principles is attributable to uMOB. Restoration or retrieval of lost data of the App User is explicitly not an obligation of uMOB.
18.7 uMOB is not liable for personal injury, death, damage to goods used by the App User, damage or loss as a result of a business shut-down, compensation for pain and suffering, damage and loss as a result of not being able to carry out a profession, damage or loss as a result of loss of profit or intangible loss.
18.8 The limitations of liability of uMOB included in these General Terms do not apply in case of intent or wilful recklessness of uMOB or its highest managerial staff.
18.9 The App User must immediately report any damage to uMOB, and in any case within two months after the damage has arisen. If the notice is effected after this period, uMOB is not liable, unless a plausible case can be made that this damage could not have been reported earlier. All claims on uMOB ensuing from the relationship with uMOB shall become time-barred one year after Use of the Service in question.
18.10 In case of termination of a Contract by uMOB on the basis of the provisions in Article 6 or blocking by uMOB of a specific App User on the basis of the provisions in Article 6.1, the App User is bound to hold uMOB fully harmless and uMOB also has the right to compensation of all other costs and loss arising as a result of the termination (including statutory interest). uMOB is in this case entitled to cease all Use with immediate effect.
Article 19. Miscellaneous
19.1 If these General Terms and the Contract contain contradictory provisions, the provisions laid down in the Contract shall prevail. Deviation from these General Terms is only permitted in the Contract.
19.2 If and insofar as on the basis of reasonableness and fairness or the unreasonably cumbersome character, a stipulation of these General Terms cannot be invoked, the provision in question shall in any event have a meaning which is – with regard to the substance and purport – equivalent as much as possible so that a claim can be based thereon. The nullity or voidability of one or more provisions of these General Terms, shall not lead to nullity or voidability of the other provisions.
19.3 All offers and Contracts are exclusively governed by Dutch law, with the exclusion of the provisions of the Vienna Sales Convention 1980 (CISG).
19.4 All disputes which might arise regarding or in connection with the Contract, and these General Terms, shall be adjudicated by the District Court of Midden-Nederland, location Utrecht.