Allgemeine Geschäftsbedingungen

In these General Terms and Conditions the following terms have the following meaning:

Account: the personal account of the App User on the goUrban App that gives the App User the option, inter alia, to view and change his/herdata and to make use of the Service.

General Terms: These General Terms of Use for App Users relating to the goUrban Mobility as a Service Application (App), as these terms are amended from time to time. The most recent version of the General Terms can be found on https://goUrban.app/terms-and-conditions/.

App User(s): The natural person who makes Use of the goUrban App and the Services of the Service Providers.

Service(s): Mobility services and/or products and services ofService Providers (e.g. booking a trip, starting a trip or a trip with a(shared) car, scooter, bicycle, etc. and the payments thereof) which the AppUser can use and which the Service Providers invoice to the App User on the basis of Terms & Conditions defined by the Service Providers.

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 goUrban App in the broadest sense of the word, including viewing and visiting the goUrban website, creating anAccount, registering, using, cancelling and paying for Services.

Information: All information, recommendations and/or serviceswhich are offered to the App User via the goUrban App, including (the pricesand terms of) the Services.

Contract: The contract for Use between the App User and goUrban, or third parties engaged by goUrban.

Privacy Statement: The privacy statement as applied by goUrban, the most recent version of which is available on https://goUrban.app/terms-and-conditions/.

Driving License: European driving licenses from the European Union(EU), and/or the European Economic Area (EEA) and Switzerland.

Transaction(s): Every registered transport movement executed by an App User.

goUrban: goUrbane-Mobility GmbH, having its registered office in Vienna, Austria, having a place of business at Lerchenfeldergürtel 43/6/4, registered under the commercial register number 449898S, VAT number ATU72118629

goUrban App: The goUrban smartphone and web application whichserves, 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 goUrbanApp, the App User must accept these General Terms. This takes place because goUrban makes these General Terms available to the App User electronically in the goUrban App and the App User must accept these General Terms when creatingan Account. Before the Contract is made remotely, the text of these GeneralTerms 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.

2.3 By creating an Account and the use of thegoUrban App, the App User agrees to the applicability of these General Terms.

2.3 By creating an Account and the use of thegoUrban App, the App User agrees to the applicability of these General Terms.

2.4 In the event that in addition to theseGeneral Terms, specific product or service terms and conditions of goUrban apply (such as references via the goUrban App to the goUrban 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 goUrban 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 theApp User during the Use. If the App User continues using the goUrban 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 AppUser does not consent to the changed and/or supplemented General Terms, his/her only option is to no longer use the goUrban 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 goUrban App, are covered by these General Terms.

2.7 The Services which the App User can use are offered by the Service Providers. goUrban 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.

goUrban can addmobility providers at any time. During the booking process the App User mustaccept the general terms and conditions and privacy statements of the ServiceProviders in question online.

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 accuratedescription of the offered Use, the offered products, digital content and/orServices. The description is sufficiently detailed to enable a good assessmentof 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 goUrban for Use electronically, and has created an Account, goUrban confirms the receipt of the acceptance of the offer. The Contract is made at the time that goUrban has accepted the application in writing or electronically. As long as receipt of this acceptance has not been confirmed by goUrban, the App User can cancel the Contract.

4.2 If the Contract is made electronically, goUrban shall take appropriate technical and organisational measures to secure the electronic transfer of data and goUrban shall provide a safe web environment. If the App User can pay electronically, goUrban shall take suitable safety measures in this respect.

4.3 goUrban 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 goUrban has good grounds for not entering into the Contract, goUrban is entitled, presenting reasons in this respect, to refuse an application or attach special conditions to the performance of the Contract.

Article 5. Duration and notice period

5.1 The Contract with the App User is enteredinto for an unlimited period of time.

5.2 The App User and goUrban can terminate theContract immediately without a notice period via the goUrban App or email(support@goUrban.co), unless the App User still has obligations under theContract. In such case the Contract shall end when all obligations have been performed. After termination goUrban shall invoice the App User for the lastServices enjoyed, insofar as these have not yet been invoiced.

5.3 goUrban 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 goUrban’sPrivacy Policy.

Article 6. Termination

6.1 goUrban can, in addition to the other rights to which it is entitled, suspend and/or cancel theContract(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 theApp 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 hascommitted abuse and/or fraud with the goUrban App;

vi) at the time ofregistration or during the term of the Contract, the App User providedincorrect information or withheld facts and it cannot be expected of goUrbanthat it continues the Contract;

vii) it cannotreasonably be demanded of goUrban that it maintains the Contract (e.g., but notlimited to: as a result of a high claims percentage relating to the transportmeans of Service Providers);

viii) the App User hasnot 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 goUrban thereof.

6.3 In case of termination of the Contract by goUrban, 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 immediateperformance by goUrban and immediate provision of the Services via the goUrbanApp and cannot cancel or rescind the Contract (a services contract/a contractfor delivery of digital content which is not provided on a material carrier).

7.2 Products which goUrban 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 8. The goUrban App

8.1 goUrban manages the goUrban App. By Using the goUrban 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.

8.2 The goUrban App offers the App User the option of registering his/her travel movements. It is necessary that the AppUser grants consent for the processing of his/her location data (GPS location).This consent is requested in the goUrban App. The goUrban Privacy Statement contains more information on the processing of (personal) data if a choice is made to register travel movements in using the goUrban App.

8.3 The Information in the goUrban 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 goUrban App has been compiled with care. goUrban shall reasonably keep theInformation on the goUrban App and the content thereof accurate and up to date, but does not give a guarantee that the goUrban App and/or the Information is/are free of errors, defects, malware, viruses or that the goUrban App and the Information are accurate, complete and up to date.

8.4 goUrban 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. goUrban does not give any guarantee that (all parts of) the goUrban App will be accessible at all times and without interruptions, malfunctions or viruses and the like. goUrban 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 goUrban App.

8.5   The App User accepts that goUrban only contains the functionalities and other characteristics as he/she finds these on the goUrban App at the time of Use (on “as is” basis). goUrban 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. goUrban 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 goUrban 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.

8.6   The App User guarantees to goUrban 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 goUrban App. It is explicitly not permitted to create anAccount 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 AppUser 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 goUrban App via his/her login data. goUrban may assume that the App User is in fact the person who logs in using his/her login data. As soon as the AppUser knows or has reason to suspect that login data have ended up in the hands of unauthorised persons, the App User shall notify goUrban thereof, without prejudice to his/her own obligation to immediately take effective measures him-/herself, such as changing the password. goUrban 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.

8.7 The App User indemnifies goUrban against and holds goUrban harmless against all possible claims of third parties (includingService Providers) for compensation of damage or loss and/or costs as a result of the use of the goUrban App, including but not limited to (extra) judicialcosts.

8.8 The goUrban App can offer links to external internet sites. goUrban is not liable for the use and the content of internet sites which are linked to or from this site. The goUrban Privacy Statement does not apply to any processing of personal data on or via such external sites.

8.9 All rights concerning the goUrban 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 goUrban or its licensors. The Contract shall not result in any transfer of intellectualproperty rights by goUrban to the App User. The App User shall only have aright of use consisting of the Use in accordance with these General Terms. TheApp User shall also receive consent to read the goUrban App and the Information and to make copies for his/her own Use, e.g. by printing or storage. The AppUser is not permitted to use the goUrban App for commercial purposes or for other purposes than for personal Use. Any other form of use of the goUrban App or the Information, e.g. making the goUrban App available to third parties, selling it, leasing it or decompiling it, reverse engineering it, the storage or reproduction of (a part of) the goUrban App in any external internet site, the framing of goUrban, the embedding of Information, the creation of links, hypertext links or deep links between the goUrban App and any other internet site or any other use, is prohibited.

8.10 The App User is explicitly not permitted to reproduce or disclose information, data and other materials obtained in the framework of the Contract without goUrban’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 goUrban, including indications relating to the confidential nature and confidentiality. It is not permitted to (attempt to)circumvent the security of goUrban or parts thereof, to deactivate such or otherwise (attempt to) affect such or impede or restrict the Use thereof by third parties.

8.11 goUrban at all times has the right to modify the goUrban App, change or remove data, restrict the use of the goUrban 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 goUrban App in whole or in part, temporarily or permanently, all without stating reasons and fully at goUrban’s discretion, without being bound to pay any costs or compensation.

8.12 goUrban 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 goUrban App and carry out maintenance and (ii) to decommission, restrict or terminate the goUrban App (temporarily or permanently).

8.13 goUrban can make an upgrade for the goUrban App available. The upgrade shall in such case qualify as the goUrban App as referred to in the General Terms.

Article 9. Access tool(App)

9.1 The use of the goUrban App is at the AppUser’s own expense and risk. For the use of the goUrban 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 goUrban App.

9.2 Certain core functions in the goUrban App require that the goUrban 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, goUrban cannot accept any responsibility if the App User is not able to use or stop a Service as a result thereof.

9.3 goUrban provides access to Services by means of the goUrban App.

9.4 The App User receives or chooses a password during the registration process with which the goUrban App can be unlocked and with which the App User can identify him-/herself using the goUrban App with aService Provider in order to start a Service. The contract with the ServiceProvider 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.

9.5 The App User is obliged to keep the password strictly confidential and not make it available to third parties. The App Usera grees to immediately change the password if there is reason to assume that a third party has become familiar with the password.

Article 10. Driving entitlement and verification of Driving License

10.1 The use of various Services is exclusively restricted to natural persons who:

i) have reached a minimum age as required by the relevant local jurisdiction and have been in possession of a valid Driving License to drive a passenger vehicle for a periodof 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 goUrban App;

ii) have their valid Driving License on their person during the Use and who satisfy all conditionsand restrictions set out therein; and

iii) possess an active goUrban Account.

10.2 App Users must validate their identity andDriving License via the online or offline validation process in accordance with the instructions set out in the goUrban App.

10.3 Immediately after revocation or loss of theDriving 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.

10.4 goUrban reserves the right to ask the App User to at all times prove the validity of the Driving License.

Article 11. Prices and Payment

11.1 All offers of a Service are fully without commitment, indicative and not binding, unless the contrary is explicitly stipulated in writing.

11.2 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 goUrban App or in the applicable prices and costs summary on the website of the relevant Service Provider. These are the definite prices including any applicable VAT rate.

11.3 Prior to the start of a Service, goUrban can pre-authorise a reasonable amount as a deposit on the method of payment chosen by the App User. If a deposit applies, goUrban shall notify the App User thereof and the deposit shall be agreed in the booking process.

11.4 If a Service is not available, the App User shall not be charged any costs.

11.5 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.

11.6 The App User must select the payment method at latest before the first Service that the App User purchases. goUrban offers as payment methods credit card authorisation. Payment with SDD requires direct debit authorisation. The payment method can be altered by the App User during the Contract.

11.7 In order to combat credit card fraud, goUrban at all times reserves the right to execute (safety) checks. goUrban 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 AppUser as lost, stolen, expired and whether the credit limit is sufficient for the intended reservation. If a suspicion of abuse ensues from these checks, goUrban is entitled to suspend and terminate its obligations under the Contract without prior notice.

11.8 Payments as a private App User shall be effected in accordance with the payment method chosen in the goUrban 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.

11.9 If the App User does not perform his/herpayment obligation(s) in time, after goUrban has informed the App User of thelate payment and goUrban has given the App User a term of 14 days to performhis/her payment obligations, and the App User has not made payment within this14-day term, the App User shall owe the statutory interest over the amountstill owing and goUrban is entitled to charge the extrajudicial collectioncosts incurred by it, calculated as of the day after the expiry of the 14-dayterm.

11.10 When preparing invoices, the goUrban records are decisive.

11.11 The App User can send his/her complaint about payments, within the statutory complaint period, to support@gourban.co. See Article 12 regarding the complaints procedure.

Article 12. Procedure in case of accidents, damage, defects and repairs; traffic violations,(suspicion of) fraud

12.1 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.

12.2 In case of theft the App User must immediately contact the Service Provider in question and notify the CustomerService by email.

12.3 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, theApp 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.

12.4 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 goUrban, nor (its) insurers is/are bound by this acceptance of liability, statement(s) or commitment(s).

*If there is cause for such, goUrban 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.

* goUrban charges costs for the handling of accidents, claims, defects, violations and the like. The most recent rates can be found on https://goUrban.app/terms-and-conditions/.

Article 13. Complaints procedure

13.1 goUrban handles the complaints relating tothe goUrban App. For complaints regarding the Services of the Service Providers, the App User must directly turn to the Service Provider in question.

13.2 goUrban possesses a sufficiently published complaints procedure and shall handle the complaint in accordance with this complaints procedure.

13.3 Complaints on the performance of theContract must be submitted to goUrban within due time after the App User has noted the defects, in full and clearly described.

13.4 goUrban’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, goUrban 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.

13.5 The App User must in any case give goUrban four weeks to resolve the complaint in consultation.

Article 14. Privacy and cookies

14.1 In order to make the Use of the goUrban Appand of the Services possible, it is necessary that goUrban processes the(personal) data of App Users.

14.2   Insofar as the data which are processed bygoUrban in the framework of the performance of the Contract in question containpersonal data, goUrban shall process these in accordance with the applicableprivacy legislation, including but not limited to the General Data ProtectionRegulation.

14.3 The goUrban Privacy Statement as set out onthe goUrban website applies (https://goUrban.app/privacy-statement/)

14.4 The App User understands and acknowledges that permitting the placing of cookies (functional and analytical) by goUrban is essential for the proper working of the goUrban App. A cookie is a small data file that is stored on the computer/mobile phone of the App User by goUrban via the browser. goUrban 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 goUrban can contain advertising. The goUrban Privacy Statement contains a cookie statement that applies.

14.5 If the App User clicks on a link of a socialmedia platform like Facebook, Instagram and the like, data is automaticallysent to the chosen platform as is usual when clicking on hyperlinks. Thisrelates to, inter alia, the App User’s IP address, the type, the setting andversion of the web browser and the URL of the goUrban website. The App User isaware of this and agrees to this.

Article 15. Liability

15.1 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 duecare and caution and shall act as a responsible road user.

15.2 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 theApp 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.

15.3 goUrban 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. goUrban does not in any way guarantee availability of the Services of the Services Providers. goUrban 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.

15.4 goUrban cannot be held liable for direct, indirect or other consequential loss ensuing from the contracts with ServiceProviders. goUrban 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 goUrban website or the goUrban App.

15.5 goUrban shall do its utmost to ensure thatthe goUrban App functions properly. goUrban makes use of the technology ofthird parties in this respect. goUrban does not guarantee the error-free anduninterrupted function of the aforementioned goUrban applications.

15.6 goUrban is only liable for damage or losswhich is the direct result of a shortcoming in the goUrban App which accordingto the law or according to commonly accepted principles is attributable togoUrban. Restoration or retrieval of lost data of the App User is explicitlynot an obligation of goUrban.

15.7 goUrban is not liable for personal injury,death, damage to goods used by the App User, damage or loss as a result of abusiness shut-down, compensation for pain and suffering, damage and loss as aresult of not being able to carry out a profession, damage or loss as a resultof loss of profit or intangible loss.

15.8 The limitations of liability of goUrban included in these General Terms do not apply in case of intent or wilful recklessness of goUrban or its highest managerial staff.

15.9 The App User must immediately report any damage to goUrban, and in any case within two months after the damage has arisen. If the notice is effected after this period, goUrban is not liable, unless a plausible case can be made that this damage could not have been reported earlier. All claims on goUrban ensuing from the relationship with goUrban shall become time-barred one year after Use of the Service in question.

15.10 In case of termination of a Contract by goUrban on the basis of the provisions in Article6 or blocking by goUrban of a specific App User on the basis of the provisions in Article 6.1, the App User is bound to hold goUrban fully harmless and goUrban also has the right to compensation of all other costs and loss a rising as a result of the termination (including statutory interest). goUrban is in this case entitled to cease all Use with immediate effect.

Article 16. Miscellaneous

16.1 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 theContract.

16.2 If and in so far 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.

16.3  All offers and Contracts are exclusively governed by Austrian law.

16.4 All disputes which might arise regarding orin connection with the Contract, and these General Terms, shall be adjudicated by the competent court in Vienna, Austria.