Terms and Conditions of Use

Last update October 2020

1        General

    1. TURNN is a service of TURNN B.V. (hereinafter referred to as: “TURNN” or “we”). TURNN is not a carrier but a platform where you schedule, order and pay your trip within the Netherlands (“Platform”). To this end you use the TURNN app, which you can install on your Device (as intended in article 5.1) (“Turnn app”). Our Platform facilitates various mobility services that are carried out by various providers (“TURNN service” or “TURNN services”). Each and every provider of mobility services (“Mobility Service Provider”) has its own terms and conditions. When using a mobility service (“Service”) the terms and conditions of the relevant Mobility Service Provider are applicable.
    2. Our office is established at the Iepenhoeve 11 in (3438 MR) Nieuwegein and TURNN B.V. is registered with the Chamber of Commerce under number 78111072.
    3. If you use the (paid) TURNN services then you conclude an agreement with TURNN.
    4. To be able to use a TURNN service you must live in the Netherlands, Belgium or Germany.
    5. These terms and conditions of use (“TURNN Terms and Conditions of Use”) are applicable between TURNN and each and every natural person who at any time uses one or more TURNN services, as described further in article 5 of the TURNN Terms and Conditions of Use. Specific terms and conditions that apply to current promotions can be found on www.turnn.nl.

2        Conclusion and implementation of the agreement

    1. You can log in on the TURNN app with your personal login details. You can then, as required, use the offered TURNN services. If costs are associated with this then this is clearly indicated in advance.
    2. You are always held to keep your personal login details secret and you are personally responsible for it. In this respect TURNN expressly rejects any and all liability.
    3. When using the TURNN app and when entering into TURNN services you are held vis-à-vis TURNN to provide your correct and complete personal data with the registration. You are personally responsible for this. You can implement changes in the said data in the app via Settings / Account Information.

3         Use and processing of personal data

    1. We respect your privacy and we handle collected personal data confidentially and in conformity with the applicable legislation and regulations. The way that we guarantee your privacy during the performance of the TURNN services is outlined in our privacy statement (“Privacy Statement”). The Privacy Statement of TURNN is available on www.turnn.nl. In this Privacy Statement we indicate what we use your personal data for, how we secure them, how long we retain your personal data, and what rights you have to check the said data. Your personal data are exclusively used in conformity with our Privacy Statement.
    2. We are entitled to use the personal data supplied by you for research and potentially to exchange them with third parties. The research data can, as the occasion arises, not be traced back to you as a customer and can therefore not (no longer) be qualified as personal data.

4         Term of the agreement and termination

    1. You can discontinue the use of the TURNN services at any time.
    2. In the following instances TURNN is entitled to terminate your use of the TURNN services with immediate effect:
      • if you act in violation of the TURNN Terms and Conditions of Use;
      • if you act in violation of the terms and conditions of the relevant Service Provider(s) that are used pursuant to the TURNN services;
      • if you commit fraud;
      • if you otherwise act in violation of the law, public morals or rules or instructions of the Service Provider or official authorities.

5         TURNN app

    1. To be able to use the TURNN app you must be in possession of a smart phone (“Device”) equipped with at least Android version 5.1 or iOS 11.0, built-in GPS, and a mobile data connection (3G / 4G / 5G and/or Wi-Fi). The app is not suitable for other operating systems.
    2. You are personally responsible for the correct downloading, installation, and operation of the app. The costs for the use of the smart phone are at your personal expense. TURNN shall not be liable for potential damages and/or costs, respectively, on the Device or otherwise in connection with the use of the TURNN app.
    3. You agree with the receipt and installation of (automatic) updates of the TURNN app. We do not guarantee that the TURNN app is free from errors, bugs and/or viruses. We neither guarantee that the TURNN app is adjusted in case of malfunctioning and/or bugs. In case of malfunctioning of the Device an installation or update of the TURNN app or the relevant operation without errors is not guaranteed.
    4. You agree that TURNN shall be free to at any required time carry out regular maintenance on the TURNN app. TURNN shall not be liable for the consequences of the (performance of) maintenance.
    5. Via the TURNN app you can request and save travel recommendations. For saved trips you can receive digital travel guiding. To receive travel guiding via push messages you should activate push messages in the TURNN app.
    6. For (digital) travel guiding TURNN relies on sources from the public transport. TURNN shall not be responsible for the content of the said sources.
    7. You can no longer adjust or cancel a placed order via the TURNN app; this is only possible by telephone via the telephone number that you can find in the TURNN app.
    8. For the public transport in the Netherlands you can purchase tickets via the TURNN app. To this end TURNN cooperates with Tranzer. The general terms and conditions of Tranzer are applicable in full to the transport ticket.
    9. In the TURNN app you can book shared bicycles, shared scooters, and shared cars. To this end TURNN cooperates with various Mobility Service Providers. The general terms and conditions of the said Mobility Service Providers are applicable in full to the use of the mobility services. Read them carefully and agree with them before you make a definitive booking.
    10. You can pay an order in the TURNN app via one of the payment methods offered in the TURNN app (e.g. on the account of your employer, with iDEAL, PayPal or a credit card). To this end TURNN cooperates with payment service providers.
    11. Cancellation: previously ordered and paid PT tickets cannot be cancelled. The cancellation terms and conditions of the relevant provider are applicable to other previously booked mobility services. Read them carefully and agree with them before you make a definitive booking
      • At present booked but yet unpaid mobility services can exclusively be cancelled by telephone or by email via our Customer Support Department up to the moment mentioned in the cancellation terms and conditions of the relevant Mobility Service Provider.
      • Most of the Mobility Service Providers affiliated with us work on the basis of the so-called ‘pay per use’ principle, which implies that you only pay for actual use. Booking takes place shortly before or at the required moment of use.
    12. You hereby give consent to the verification of your (personal) data for Services for which driving qualification requirements are applicable and/or insurers impose age requirements.

6        Liability

    1. In case of damages incurred as a result of the use of the TURNN app, we can only be held liable for events that can be blamed on us. As the occasion arises we only pay compensation for your direct damages up to an amount of at most    € 250.00 per event with a maximum of € 1,000.00 per calendar year, unless there is question of intent or intentional recklessness of TURNN or its managerial subordinates.
    2. TURNN shall never be liable for any form of direct or indirect damages and/or costs that derive from or that are related to the installation (download), update, use and/or inability to use the TURNN app. The TURNN app is made available to you without any form of guarantee.
    3. TURNN shall only be liable for the loss, the destruction, the change or other acts that fall under a ‘data breach’ of your data from the app when this takes place on account of the fact that TURNN imputably acted in violation of the applicable legislation and regulations in the area of the protection of the personal privacy, the General Data Protection Regulation (GDPR), in consideration of the provisions set forth in article 6.2.
    4. If it is established in court that TURNN cannot rely on the limitation of liability as intended in article 6.3 then the liability of TURNN shall be limited as outlined in article 6.1 of these TURNN Terms and Conditions of Use.
    5. TURNN is not a carrier and is therefore not responsible for the performance of the Service ordered via the TURNN app, including the transport or travel recommendations. Hence, TURNN does not accept any liability whatsoever for any form of direct or indirect damages that derive from or are related to the Service. The carrier shall be liable for the performance of the Service and potential liability for damages and/or cost that derive from the same according to the applicable general terms and conditions of the carrier that carried out the transport.
    6. In addition to Section 75 of Book 6 of the Dutch Civil Code it is noted that a failure to comply cannot be blamed on us in case of force majeure as a result of which the compliance with obligations is fully or partly prevented or can otherwise reasonably not be expected of us. Force majeure includes breach of contract of suppliers or third parties, power failures, computer viruses, pandemics or epidemics, official measures in connection with the aforementioned situations, industrial actions and lockouts. If these kinds of situations of force majeure occur, as a result of which we are not able to comply with our obligations, then the said obligations are suspended. As the occasion arises you are not entitled to compensation
    7. TURNN shall not be responsible for the (proper operation of) telecommunication connections – also including telecommunication connections of, or with, our customers respectively users of the TURNN app, including the infrastructure of the customer, user of the TURNN app or that of a third party from whom the customer or the user of the TURNN app purchases a cloud service – the (proper operation of) the Device of respectively software used by the customer or user of the TURNN app, internet connections, and connection to the power grid respectively other connections that are required for access to and use of the TURNN app.
    8. If, as a result of one event, multiple customers file a complaint with us and the combined claim exceeds the maximum amounts per event as intended in article 6.1 then we are only held to pay claims in proportion to the scope.
    9. Any and all claims that are filed against us on account of a failure to comply with an agreement or as a result of an unlawful act, or on any other ground, must be filed with us in writing. The said claims expire as soon as a period of one year has lapsed since the day that you became or could reasonably have become familiar with the occurrence of the said damages. Damages that are filed outside this time limit are not compensated.
    10. We are entitled to transfer the obligations and/or rights pursuant to the agreement by means of a transfer of debts, assignment or contract takeover. We forthwith inform you accordingly. This provision has effect under property law as intended in Section 83 Subsection 2 of Book 3 of the Dutch Civil Code.
    11. You are not entitled to suspend compliance with an obligation that derives from these TURNN Terms and Conditions of Use or the agreement concluded with TURNN, unless the law indicates otherwise.
    12. Neither TURNN nor the supplier of the app shall be liable for damages to your smart phone.
    13. TURNN shall not be liable when you cannot schedule and/or order your trip because of a failure, e.g. an ICT failure.

7         Intellectual property

    1. You acknowledge that intellectual property rights in respect of any and all TURNN services made available to you are exclusively vested in us or in our licensors. This includes, but is not limited to, any and all copyrights, patent rights, trademark rights and trade names that are used and/or created during the term of this agreement.
    2. We grant you a limited, non-exclusive, non-transferable right to use these services in accordance with these TURNN Terms and Conditions of Use and during the term of this agreement. We reserve the right to terminate the said licence at any time at our sole discretion.
    3. It is not allowed to change or to remove an indication of an intellectual property right that belongs to us and/or to a third party on the products and/or in relation to the services.

8         Applicable law and validity of TURNN Terms and Conditions of Use (registered users)

    1. These TURNN Terms and Conditions of Use were drawn up in the Dutch language. In case of a translation of these Terms and Conditions of Use in another language the Dutch text shall be decisive.
    2. These TURNN Terms and Conditions of Use can always be changed unilaterally by us. Changes are communicated to you in a timely fashion. By default they take effect one month after the relevant communication, unless expressly indicated otherwise. If you do not want to accept the changes then you can terminate your account. The latest version of the TURNN Terms and Conditions of Use is available of the website www.turnn.nl and in the TURNN app.
    3. Separate terms and conditions are applicable to the various affiliated services. They are available on the website of the relevant service provider. By accepting the TURNN Terms and Conditions of Use you also accept the terms and conditions of the provider of the service(s) selected by you.
    4. Dutch law is applicable to the agreement and to these TURNN Terms and Conditions of Use

9         Correspondence, complaints and disputes

    1. We are available via:
      • Email:        support@turnn.nl
      • Telephone:     +31 (0)85 018 65 90
      • Post:           PO Box 7095, 3430 JB Nieuwegein
    2. We generally communicate via email and the TURNN app. We qualify the email address included in your profile as the correct and current email address. This email address is also your username with which you log in on the app. You can find your profile in the TURNN app. We therefore assume that, if we sent you a message to the said email address, this message reached you. You cannot rely on not receiving messages on account of the fact that the email address is not (no longer) correct, the receipt of or your reaction to respectively use of phishing emails in which the name or images of TURNN or the TURNN app are included unlawfully or the impression is created that a service is offered on behalf of TURNN, on account of the fact that messages end up in a spam filter or on account of (technical) issues on your part and/or on the part of your provider.
    3. You can send complaints to our Customer Support Department (preferably via the TURNN app) via email to support@turnn.nl. Complaints are handled as soon as possible, however at the latest within 3 weeks.
    4. If a dispute arises between you and TURNN then we shall try to solve this through mediation. If we cannot reach a solution then a court of the District Court in Rotterdam is exclusively authorised to reach a ruling.