POPPY TERMS AND CONDITIONS

 

Date of last revision: 24/08/2018

 

BY ACCESSING OR USING THE APPLICATION YOU, THE USER, ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF POPPY’S AGREEMENT AS SET FORTH BELOW (THE “AGREEMENT”) – AND THE TERMS AND CONDITIONS OF THE INSURER “MOBILITY SAFE 1 – 0096-B3310A0000.07-01022018” . IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF THE INSURER, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APPLICATION.

 

By clicking to accept the terms and conditions of this Agreement and the terms and conditions of the Insurer, the Applicant agrees to the terms and conditions of this Agreement, including any other terms referred to herein, as amended by Poppy from time to time at its sole discretion upon notification of a “pop-up” on the Application. Only price changes and material changes shall be notified as a “pop-up” on the Application, expressly excluding minor changes. Upon acceptance of such “pop-up” and/or continued use of the application, the User shall be bound by such amendments to the terms and conditions of this Agreement.

 

 

Subject Matter

 

POPPY MOBILITY NV, having its registered office at Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises RPR Brussels, Dutch speaking department, with company number 0681.505.370 (hereinafter referred to as "Poppy") has developed an application for the offering of mobility sharing. Poppy will make Vehicles available to its Authorized Drivers for use in car- and scooter sharing transportation as provided in the terms and conditions of this Agreement. Users may use the Services and the Vehicle only in accordance with the terms and conditions of this Agreement.

 

The terms and conditions of this Agreement shall apply to all rentals commencing in Belgium of Vehicles provided by Poppy to any authorized driver.

 

The use of any automated system or software to extract data from the Application or the Website, including scraper bots, is strictly prohibited. Poppy reserves the right to take such action as it deems necessary to enforce this prohibition, including legal action, without prior formal notice

 

1.  Definitions

 

As indicated above, defined terms in this Agreement shall have the meaning as ascribed to them in this Article 1 or the meaning indicated where they are used.

 

·        “Account” means the personal user account created on the Application by the User upon subscription to the Application, containing Personal Data;

·        “Actual Driving Time” means the actual use of the Vehicle by a User starting one (1) minute after unlocking the Vehicle and terminating when the Vehicle is returned in the Designated Zone (in accordance with article 4.4.1 of the Agreement);

·        “Applicant” is a person who subscribes to the Application and wishes to be accepted by Poppy as an Authorized Driver in order to use the Services and the Vehicles; 

·        “Application” means the mobile application managed by Poppy which enables Users to receive the Services from Poppy and to use the Vehicles subject to the terms and conditions of this Agreement to offer mobility sharing Services;

·        “Authorized Driver” is a person approved by Poppy in accordance with Article 3 of this Agreement to receive the Services, make reservations and use Vehicles subject to the terms and conditions of this Agreement;

·      “Calendar Day” every day (24 hours) of the week from Monday to Sunday;

·        “Business Day” means every day from Monday to Friday with exclusion of Saturday, Sunday or any public holiday in the applicable jurisdiction of Belgium;

·        “Designated Zone” is the area to which Vehicles must be returned by a User after completing its reservation as shown on Poppy’s Application based on the then current geolocation;

·        “Fees” encompasses the fees a User is liable to pay to Poppy in order to receive the Services and to use the Vehicles;

·        “Insurer” refers to Qover/Baloise, the company appointed by Poppy to insure the Vehicles;

·        “Personal Data” means all information provided by a User to or collected by Poppy during the User’s use of the Application or the Vehicles and during the Services provided by Poppy as set out in Poppy’s Privacy & Cookie Policy;

·        “Poppy” means Poppy Mobility NV, a company offering mobility sharing solutions, having its registered office at Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises RPR Brussels, Dutch speaking department, with company number 0681.505.370;

·        “Poppy’s Customer Support” available at 0800 62 612;

·        “Privacy & Cookie Policy” is Poppy’s present Privacy and Cookie Policy

·        “Rental Period” is the period beginning with the confirmation of the booking and ending with the proper return of the Vehicle to the Designated Zone (in accordance with article 4 of the Agreement);

·        “Reserved Vehicle” is a Vehicle reserved by an Authorized Driver;

·        “Service(s)” means the services provided by Poppy through the Application to enable Authorized Drivers to use a Vehicle in accordance with the terms and conditions of this Agreement;

·        “User” is an Applicant and/or Authorized Driver;

·        “Vehicle” is a car or scooter owned or leased and made available by Poppy in order to enable Authorized Drivers to use the Services;

·        “Website” means www.poppy.be.

 

2.  Subscription by an Applicant

 

1.    The Application shall be made available to Applicants upon subscription to the Application. Upon subscription, the Applicant must at least provide the following information:

-       Name;

-       Date of birth;

-       Application login details (email address and password);

-       Domicile;

-       Credit card details or any other information as might be requested by Poppy and/or the third party payment provider, as applicable, to enable (i) User to pay and (ii) Poppy and/or the third party payment provider to receive the Fees or any other amounts due hereunder;

-       Documents as requested by Poppy, such as a copy of the Applicant’s ID, driver’s license etc., for identification purposes;

-       Any other information as requested by Poppy to enable Poppy to make the Application and Services available to the User and to verify the Applicant’s compliance with the requirements to be acknowledged as an Authorized Driver.

 

2.    The User acknowledges its Account is strictly personal and cannot be used by any third party.

 

3.  Approval as Authorized Driver

 

1.    Only Authorized Drivers are eligible to use the Services subject to their compliance with the terms and conditions of this Agreement. The rights granted under this Agreement shall at all times be restricted user rights and shall in no event be considered a transfer of ownership of the Vehicles.

 

2.    In order to become an Authorized Driver, the Applicant must, in addition to the information set out in Article 2, provide a declaration on oath (“verklaring op eer”) by checking the boxes confirming it agrees on an ongoing basis at all times during the Agreement with the following statements:

 

1.      “I have my driving licence B and driving licence AM for at least 24 months and I had no license withdrawal over the last 5 years.”

2.      “I had not more than 2 damage claims in the last 5 years.”

3.      “In the past 5 years I have not driven under the influence of Alcohol, drugs, medicines or other substances that that might reduce my ability to driven and I will abstain from using such products.”

4.      “I have not been refused by a motor liability insurer the last 5 years; my motor liability insurance has not been terminated in any way by the insurer over the last 5 years.”

5.      “I have no disabilities or illnesses that might reduce my ability to drive.”

6.      “I declare that in case of non-compliance with the Poppy general terms and conditions, I am personally liable for all damage to the Vehicle and to third parties.”

7.       I understand that the insurer has a right of recourse against me or may refuse the coverage in the events foreseen in the terms and conditions of the insurer.”

 

3.    The User acknowledges and agrees Poppy shall at all times retain the right:

·        to request an Applicant to submit additional information and to upload additional documents for identification and verification purposes;

·        to request an Applicant to provide the uploaded documents for verification purposes at one of Poppy’s registration stations listed on the Website or shown in the Application

·        to determine, in its sole discretion, whether or not to approve an Applicant as an Authorized Driver under the eligibility criteria, whether initially or on an ongoing basis during the existence of this Agreement, subject to any other terms and conditions of this Agreement; and

·        to verify the User’s identity, driver’s license information and driver’s record, for which purposes the User expressly acknowledges and agrees and grants permission for Poppy (or its authorized service providers) to contact the following instances:

-         insurance companies;

-         credit reference agencies; and

-         other intermediaries offering identity-verification services.

 

4.    Upon approval of an Applicant as an Authorized Driver subject to the terms and conditions of this Agreement, Poppy shall so notify the User via the applicable feature on the Application or by email, and unlock the features only available to Authorized Drivers.

 

4.  Actual use of Services and Vehicle

 

The User shall be entitled to use the Services and the Vehicle during the Rental Period and shall be charged for such use on the basis of the Actual Driving Time of such Rental Period.

 

4.1.       Reservation of Vehicles

 

1.    In order to use or operate a Vehicle, Authorized Drivers will first locate an available Vehicle by using the Application or, when finding an available Vehicle on the street, as confirmed by the Application.

 

2.    If an Authorized Driver locates an available Vehicle by using the Application, the Authorized Driver may reserve such Vehicle using the Application for fifteen (15) minutes (the “Reservation Period”) at no charge. The Rental Period shall commence upon confirmation of the reservation. No other Authorized Driver shall be entitled to use the reserved vehicle during such Reservation Period.

 

-       The Authorized Driver may then access the reserved Vehicle and complete the reservation process by unlocking the Vehicle within the Reservation Period as set out in Article 4.2 of this Agreement.

 

-       If the Authorized Driver does not complete the reservation process by the end of the Reservation Period or cancels its reservation during the Reservation Period, the Vehicle concerned shall be available again for any other Authorized Driver.

 

3.    If an Authorized Driver locates an available Vehicle by finding it on the street, the Authorized Driver must first have such Vehicle’s availability confirmed by the Application. Upon confirmation of such Vehicle’s availability, the Authorized Driver may proceed to access the Vehicle or complete the reservation process in accordance with the procedure as set out in Article 4.1.2 of this Agreement.

 

4.    Poppy does not guarantee that a reservation request made through the Application will be accepted by Poppy or fulfilled for a specific Rental Period.

 

4.2.       Vehicle access

 

1.    To access the Vehicle, the Authorized Driver must use the Application. The Application may not be shared with any other person. Each User Account is strictly personal. In case the Authorized Driver has reasons to believe a third party uses the Authorized Driver’s Account (e.g. in case of loss or damage of the Application/smartphone), the Authorized Driver will promptly notify Poppy via Poppy’s Customer Support (0800 62 612) or via hello@poppy.be. In the event the Authorized Driver is unable to operate the Vehicle during Actual Driving Time due to force majeure or any other cause beyond its reasonable control, the Authorized Driver must notify Poppy immediately and may appoint a competent third party to operate the Vehicle during the Actual Driving Time concerned subject to such third party’s compliance with the terms and conditions of the Agreement to the extent applicable. The Authorized Driver remains responsible for such third party.

 

2.    Prior to unlocking the Vehicle (regardless whether this happens at the beginning of a new Rental Period or after a “Stop Over”), the Authorized Driver shall perform a Vehicle inspection based on the checklist made available in the Application, by conducting an exterior walk-around and visual inspection of Vehicle exterior for damage. In case of any damage to the Vehicle (other than already indicated in the Application) the Authorized Driver must promptly notify Poppy of any such damage (i) by using the Application (preferred) or (ii) calling Poppy’s Customer Support at 0800 62 612. If the Authorized Driver is unable to report the damage through the Application for any reason, the Authorized Driver must report the damage to Poppy by calling Poppy Customer’s Support at 0800 62 612, and vice versa. After accessing the Vehicle, the Authorized Driver should also perform an interior look-over and report any damage or soils to Poppy through the same approach as mentioned above.

 

3.    Poppy may deny the start of a Rental Period based on its assessment of the damage.

 

4.    If the Authorized Driver fails to report any damage or defect, that could easily be noticed after starting the engine, and was not immediately reported after starting the engine, will be attributed to the Authorized Driver.

 

5.    Two (2) minutes after the Authorized Driver unlocks the Vehicle, the Actual Driving Time commences and the Authorized Driver will be liable to pay the Fees corresponding to its Actual Driving Time. If the Vehicle is a scooter, the Actual Driving Time will start immediately after the Authorized Drivers unlocks the Vehicle commences and the Authorized Driver will be liable to pay the Fees corresponding to its Actual Driving Time.

 

4.3.       Vehicle use

 

1.    Each Account and Rental Period is strictly personal: a Vehicle may only be used and operated by the Authorized Driver through whose Account the Rental Period is requested. The Authorized Driver expressly acknowledges that it shall in no event allow any third party to use and operate a Vehicle with the Authorized Driver’s Account. Notwithstanding the foregoing, a third party shall be entitled to use the Vehicle as a passenger when the Authorized Driver itself is using and operating the Vehicle, except if the Vehicle is a scooter, in which case the transport of a passenger is strictly forbidden at all times.

 

2.    In case the Authorized Driver is for any reason not able to use and operate a Vehicle, and wants to use a Vehicle together with a third party who is able to use and operate a Vehicle, such third party shall only be allowed to use and operate a Vehicle through its own Account and provided such third party has been approved as Authorized Driver in accordance with the terms and conditions of this Agreement.

 

3.    The Actual Driving Time may not be less than one (1) minute and may not exceed three (3) Calendar Days.

 

4.    Each Rental Period must begin and end in the Designated Zone as indicated in the Application. The Vehicle may not be operated outside Belgium.

 

5.    If the Vehicle is a scooter, the User is not allowed to drive outside of the Designated Zone as indicated in the Application.

 

6.    The Authorized Driver shall be charged based on its Actual Driving Time. In the event the fee for the Authorized Driver’s Actual Driving Time amounts to the day rate fee, the Authorized Driver shall be charged the day rate fee and shall thus be entitled to use the Vehicle for twenty-four (24) consecutive hours from the start of the initial Actual Driving Time. Additional fees (as indicated in the following Article 4.3.6 of this Agreement) shall be charged if the Authorized Driver exceeds two hundred (200) kilometres during such twenty-four (24) hours period. After this twenty-four (24) hours period, the Authorized Driver’s use shall again be charged based on its Actual Driving Time. The foregoing shall not apply if and to the extent other day rates are applicable based on the rental packages as expressly agreed to by the Authorized Driver in its Account on the Application.

 

7.    In the event the Authorized Driver exceeds the daily kilometre cap of two hundred (200), additional fees shall be charged by Poppy in accordance with Article 8 of this Agreement. The foregoing shall not apply if and to the extent other kilometre caps are applicable based on the rental packages as expressly agreed to by the Authorized Driver in its Account on the Application. If the Authorized Driver has reasons to suspect a defect of the odometer (i.e. device to count the distance covered), the Authorized Driver must promptly notify Poppy via Poppy’s Customer Support at 0800 62 612 (preferred) or by email at hello@poppy.be.

 

8.    Without prejudice to any prohibition, obligation or guidelines with respect to the use of a Vehicle as set out in this Agreement or by law, the Authorized Driver undertakes:

 

-       to use and operate the Vehicle with reasonable care and skill;

-       to use and operate the Vehicle in accordance with the operating manual, the driver’s handbook, the vehicle documentation and the manufacturer’s specification; and

-       to comply at all times with Road Traffic Act 13/3/1968 (“Wegverkeerswet”) and any other applicable statutory rules and regulations relating to the use of the Vehicles on public roads, including any (temporary) changed traffic situation. The Authorized Driver shall drive the Vehicle in a safe and fuel-efficient manner.

 

9.    It is strictly forbidden to open the hood of a Vehicle.

 

4.4.       Ending a Rental Period & returning the Vehicle

 

1.    The current Rental Period shall cease automatically upon completion of the following procedure by the Authorized Driver. The Authorized Driver:

·      ends the Rental Period in the Designated Zone in which the Rental Period began;

·      safely and legally parks the Vehicle:

 

If the Vehicle is a car:

-       in any lawful parking space in a public area within the Designated Zone; or

-       in any private premise, which is expressly designated as a parking space by the Application; and 

 

If the Vehicle is a scooter:

-       not on the roadway, without blocking traffic for other road users (including pedestrians); or

-       on a private location, that is explicitly appointed as parking by the Application; and

·      ends the Rental Period by using the Application.

 

Upon completion of this procedure, the Rental Period shall cease unless the User opts to use the “Stop Over” feature as set out in Article 4.5.

 

2.    At the end of each Rental Period, the Authorized Driver is obliged to close the Vehicle and leave it in a proper state, which requires, among others :

 

If the Vehicle is a car:  

-       closing of all windows;

-       closing the roof (if applicable);

-       switching the lights off;

-       locking the vehicle;

-       leaving no personal belongings in the Vehicle (Poppy is not responsible for any loss or theft of personal belongings);

-       leaving all the documentation provided in the Vehicle; and

-       leaving the interior in a clean condition (leaving no trash behind and without any soils or stains on the interior).

 

If the Vehicle is a scooter:

-       storing the helmets in the designated storage compartment.;

-       locking the storage compartment correctly;

-       parking the scooter correctly on the designated stand;

-       not leaving any personal property in or on the Vehicle (Poppy is not liable for any loss or theft of personal property);

-       leaving all provided documents in the Vehicle; and

-       leaving the scooter clean (no rubbish, soil or excessive dirt on the Vehicle.

3.    When parking the Vehicle at the end of each Rental Period, the Authorized Driver must ensure vehicle accessibility.

 

4.    In case the Authorized Driver fails to terminate the Actual Driving Time in the Application due to bad connectivity, the Authorized Driver must first try to re-park the Vehicle and try again to end the Rental Period using the Application. If, after such relocation, the Actual Driving Time cannot be terminated due to technical issues, the Authorized Driver must immediately notify Poppy via Poppy’s Customer Support at 0800 62 612 (preferred) or by email (hello@poppy.be), and Poppy shall reimburse the Authorized Driver for any additional fees and costs due to such technical issue, subject however to Article 9. If the Authorized Driver fails to notify Poppy, such failure to terminate and all costs related thereto shall be considered to be the Authorized Drive’s own responsibility and the Actual Driving Time period will continue, without prejudice to the Authorized Driver’s right to prove the actual time of return of the Vehicle.

 

5.    In case of a dispute relating to the condition of or damage to the Vehicle, a recognized expert will be appointed by Poppy to determine the condition of the Vehicle and estimate the cost of its cleaning and/or repair in accordance with Article 9.2.3. Any loss, dirt or damage will be attributed to the Authorized Driver, who may however submit proof that he is not involved.

 

6.    In case the Authorized Driver causes any damage, whether minor or significant, the Authorized Driver shall promptly notify and report any such damages for which the Authorized Driver is responsible via Poppy’s Customer Support at 0800 62 612 (preferred) or by email (hello@poppy.be).

 

4.5.       Parking

 

1.    The Authorized Driver is liable for all parking charges, penalties, fines or other costs (including cost of re-parking or towing) due to improper parking of the Vehicle or parking the Vehicle outside the parking zone provided by Poppy via the Application. For the avoidance of doubt, the parking zone provided by Poppy refers to legal parking spots on public roads in the Designated Zone (expressly excluding parking zones such as (underground) private parking). If the Vehicle is parked in a future restricted parking area, the Authorized Driver can only park the Vehicle in such a location at least eighty-four (48) hours before the restriction takes effect. 

 

2.    If the Vehicle is a scooter, the Vehicle has to be parked on a space not on the roadway, without blocking traffic for other road users (including pedestrians); or

 

3.    Poppy offers a “Stop Over” option. If the Authorized Driver would like to use this feature, the Authorized Driver should park the Vehicle as it would when concluding its Rental Period and, after locking the Vehicle, select the “Stop Over” feature instead of “termination”. The Vehicle will be reserved for the Authorized Driver and will be immediately available when needed. In addition to that, the Authorized Driver is allowed to park on any private parking zones during the "Stop Over” as long as he is legally allowed to park the car. For the avoidance of doubt, the Authorized Driver remains responsible for the Vehicle while being parked on “Stop Over” mode and shall be responsible for any charges related to parking on such private parking zones.

 

4.6.       Recharging and Refuelling (cars)

 

1.    The Authorized Driver will monitor the Vehicle’s remaining driving range and the sufficiency of the Vehicle’s fuel level or electric charge, as applicable. If the fuel level or electric charge falls below a remaining driving range of ten (10) kilometres, the Authorized Driver must re-fuel/re-charge the Vehicle.

 

2.    The Authorized Driver undertakes to terminate its Actual Driving Time with a minimum remaining driving range of the Vehicle of ten (10) kilometres. In case of ending the Rental Period with a remaining driving range being less than ten (10) kilometres, the Authorized Driver will pay any costs (including any repair costs) incurred while Poppy is trying to tow, re-fuel or re-charge the Vehicle. For the avoidance of doubt, if a Vehicle needs to be towed due to empty fuel tank or empty battery, the Authorized Driver who has ended the Rental Period with less than ten (10) kilometres remaining driving range will be charged an administrative cost as referred to Article 8 and any other costs incurred.

 

3.    The fuel card present in the Vehicle is only for re-fuelling/re-charging the Vehicle. It is strictly forbidden to use the fuel card for fuelling/charging any other vehicle.

 

4.    Poppy is responsible for the cost of fuel and electric charge and will only reimburse the Authorized Driver for the actual cost of fuel or electric recharging if the Authorized Driver advanced the expenses with the prior consent of Poppy.

 

5.    Poppy shall in no event be responsible and shall not be held liable to reimburse the Authorized Driver, if a Vehicle is inoperable due to a lack of fuel or electric charge due to the failure of the Authorized Driver to refuel or recharge the Vehicle as soon as the remaining driving range is less than ten (10) kilometres. The Authorized Driver is responsible for any cost (including any cost of repair) relating the relocation and the refuelling or recharging of the Vehicle due to such failure and any other costs resulting from improper recharging and refuelling of a Vehicle.

 

4.7.       Recharging (scooters)

1.    The Authorized Driver shall monitor and ensure the remaining range and electric power the Vehicle. If the electric power of the vehicle decreases below a remaining range of one (1) kilometre, the Authorized Driver must end the Rental Period park the Vehicle in line with article 4.5.2 within the Designated Zone.

2.    The Authorized Driver is obliged to end the Actual Driving Time with a minimal remaining range of the Vehicle of one (1) kilometre. In case the Rental Period is terminated with a remaining range of less than one (1) kilometre, the Authorized Driver shall pay all expenses incurred to recharge or tow the Vehicle. To avoid misunderstandings, if a Vehicle has to be towed due to a depleted battery, the Authorized Driver who ended the Actual Driving Time with a remaining range of one (1) kilometre will be charged an administrative fee as stipulated in article 8 as well as any other expenses incurred.

3.    Poppy is responsible for the expenses related to the recharging and will only refund the Auhtorized Driver for the actual expenses incurred to recharge the Vehicle, if the Authorized Driver has paid these expenses in advance after Poppy’s prior consent.

4.    Poppy shall in no case be responsible or liable to refund the Authorized Driver, if the Vehicle is unusable due to the lack of electric power caused by the Authorized Driver not ending the Rental Period and not parking the scooter at the moment the remaining range amounted to less then one (1) kilometre. The Authorized Driver is responsible for all expenses relating to the recharging of the Vehicle caused by the Authorized Driver’s negligence and all expenses caused by charging the Vehicle incorrectly.

 

5.  User Prohibitions

 

1.    A User shall have no other rights than the limited user rights granted pursuant to the terms and conditions of this Agreement. The User expressly acknowledges and agrees not to claim any ownership rights to the Vehicle.

 

2.    The User expressly acknowledges and agrees it is strictly forbidden for Users to give, lend, sell or otherwise transfer its Account to third parties. 

 

3.    The User expressly acknowledges and agrees to be prohibited to:

 

If the Vehicle is a car:

·      use the Vehicle for commercial purposes such as providing courier, transport and delivery services;

·      rent the Vehicle out, or allow a third party to use it;

·      carry dangerous, flammable, toxic or other hazardous substances;

·      transport objects, which due to their form, size or weight might impair safe driving or may cause damage;

·      drive in cargo loading areas of ports, stations and airports;

·      carry more passengers than there are seatbelts in the Vehicle;

·      allow infants and small children to be carried without complying to the law;

·      transport animals (except in an enclosed cage in the trunk);

·      carry objects that could cause injury or damage, adversely affect safe operations or that are prohibited by law;

·      use the fuel card/re-charging card to refuel/recharge any other vehicles;

·      soil or damage the Vehicle;

·      eat or drink such food or beverage that may spill in the Vehicle;

·      smoke or use electric cigarettes within the Vehicle or allow passengers to do so;

·      remove any items or equipment attached to the vehicle;

·      carry out or allow to be carried out any repairs or modifications;

·      tow trailers, vehicles or other objects;

·      overload the Vehicle;

·      dismantle or tamper with the Vehicle (or attempt to do so);

·      commit criminal or immoral acts through the use of the Services or the Vehicle;

·      drive while using a mobile communication device that may distract the driver;

·      drive under influence of any alcohol, drugs or medications;

·      use the Vehicle for motor sports, speed trials, speeding contests, driving of racing circuits or racing ;

·      use the Vehicle to participate in a bet or challenge

·      use the Vehicle for tests, driver training or off-road driving;

·      jump-start other vehicles; and

·      in general, violate any applicable law when using the Services or the Vehicle.

 

If the Vehicle is a scooter:

·      use the Vehicle for commercial purposes such as providing courier, transport and delivery services;

·      rent the Vehicle out, or allow a third party to use it;

·      carry dangerous, flammable, toxic or other hazardous substances;

·      transport objects, which due to their form, size or weight might impair safe driving or may cause damage;

·      drive in cargo loading areas of ports, stations and airports;

·      transport passengers;

·      transport animals;

·      carry objects that could cause injury or damage, adversely affect safe operations or that are prohibited by law;

·      soil or damage the Vehicle;

·      eat or drink such food or beverage that may spill in the Vehicle;

·      remove any items or equipment attached to the vehicle;

·      carry out or allow to be carried out any repairs or modifications;

·      tow trailers, vehicles or other objects;

·      overload the Vehicle;

·      dismantle or tamper with the Vehicle (or attempt to do so);

·      commit criminal or immoral acts through the use of the Services or the Vehicle;

·      drive while using a mobile communication device that may distract the driver;

·      drive under influence of any alcohol, drugs or medications;

·      use the Vehicle for motor sports, speed trials, speeding contests, driving of racing circuits or racing ;

·      use the Vehicle to participate in a bet or challenge

·      use the Vehicle for tests, driver training or off-road driving;

·      jump-start other vehicles; and

·      in general, violate any applicable law when using the Services or the Vehicle.

·       

6.  User responsibilities and User guidelines

 

6.1.       General notification obligations

 

Without prejudice and in addition to any other notification obligations as set out in this Agreement, the User must immediately notify Poppy via Poppy’s Customer Support and cease its use of the Services and the Vehicles, if any of the following occurs:

 

·      if any of the User’s information provided under Article 2 of this Agreement changes;

·      if the User no longer complies with the declarations on oath (“verklaringen op eer”) as set out in Article 3 of this Agreement; 

·      any case of loss of user ID and/or password;

·      any revocation, withdrawal, restriction or suspension of its driver’s license;

·      any disqualification from driving;

·      any circumstances which prevent or restrict its lawful use of a Vehicle;

·      any temporary or final withdrawal or amendment of the drivers’ license of the User, and any offence or accident with the Vehicle during the Actual Driving Time; and

·      any citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit.

 

6.2.       In case of an accident

 

In the event of an accident involving the Vehicle, or if any damage or injury is caused to any person or property arising from the use of the Vehicle, the Authorized Driver must:

 

·      immediately notify Poppy by contacting Poppy’s Customer Support on 0800 62 612, and follow the instructions on how to handle the situation and co-operate;

·      promptly notify or report to the police, if needed, but in any event if a third party or third party property is injured or damaged;

·      stay at the scene of the incident until advised otherwise by Poppy and or by the police;

·      abstain from any admissions of liability to other parties or of fault;

·      obtain contact info of other parties (including witnesses); and

·      complete and return an accident damage report within two (2) Business Days by e-mail to Poppy Mobility NV at hello@poppy.be .

 

6.3.       Electrical vehicles

 

1.    In the event an accident occurs with an electrical Vehicle, the Authorized Driver must inform any present emergency services providing assistance that the Vehicle involved is an electrical Vehicle.

 

2.    In general, the Authorized Driver acknowledges to be aware that when driving an Electrical Vehicle, there is nearly no noise, and undertakes to use specific care and to pay special attention to pedestrians and other road users who may be unaware of the presence of the Vehicle.

 

7.  Personal Data, privacy and use of geolocation data

 

Poppy considers the protection of Personal Data and privacy of the User extremely important. Poppy wishes to inform and respect the User of the Application as much as possible and gives the User as much control as possible about what happens with its Personal Data, privacy and cookies. The Personal Data, privacy and cookies of the User are protected by Poppy in accordance with its Privacy Policy and applicable Belgian and European legislation on privacy and data protection. The Privacy Policy describes how Poppy collects, uses communicates, discloses and protects your Personal Data. The User expressly agrees the Privacy Policy is part of the Agreement. Not only the User’s rights are described therein, also how the User can exercise them.

 

8.  Fees, Charges and Payments

 

1.    Poppy shall invoice the Authorized Driver for his use of the Vehicle in accordance with the below price list (prices including VAT) which may be amended by Poppy at any time; the new price list is applicable from the third Calendar Day upon notification per pop-up on the Application to the User:

 

If the Vehicle is a car:

a)    Actual Use of the Vehicle

 

-       Fee per minute during Actual Driving Time: 0,33 EUR per minute started during Actual Driving Time

-       Fee per minute during Stop Over Time: 0,10 EUR per minute started during Stop Over Time

-       Day rate (24h) Fee: 90 EUR / twenty-four (24) hours

-       Additional Fees in the event the User exceeds 200 kilometres per day: 0,25 EUR per additional kilometre.

 

b)    Other and Administrative costs

 

-       Processing of traffic/parking offences: 20 EUR

-       Processing of criminal (traffic) offences: 150 EUR

-       Processing of damages and accidents: 50 EUR

-       Reparking of wrongly parked vehicles: 50 EUR

-       Special cleaning fee (e.g. due to heavy soiling or smoking in vehicle): 75 EUR

-       Processing of towing costs of vehicles in case of wrongly parked vehicle, battery drainage, or fuel drainage: 25 EUR

-       Towing costs of vehicles in case of wrongly parked vehicle, battery drainage, or fuel drainage: as invoiced by the towing company

-       Late fee reminders: 5 EUR for first reminder, 15 EUR for second reminder

-       Loss or theft of the Poppy fuel card: 50 EUR

 

If the vehicle is a scooter:

a)    Actual Use of the Vehicle

 

-       Fee per minute during Actual Driving Time: 0,25 EUR per minute started during Actual Driving Time

-       Fee per minute during Stop Over Time: 0,10 EUR per minute started during Stop Over Time

-       Day rate (24h) Fee: there is no day rate for scooters. The Authorized User will pay the fee per minute during the Actual Driving Time.

-       Additional Fees in the event the User exceeds 200 kilometres per day: 0,25 EUR per additional kilometre.

 

b)    Other and Administrative costs

 

-       Processing of traffic/parking offences: 20 EUR

-       Lost or stolen helmet: 90 EUR

-       Lost or stolen scooter due to negligence of the Authorized Driver: 4.600 EUR excl. VAT

-       Processing of criminal (traffic) offences: 150 EUR

-       Processing of damages and accidents: 50 EUR

-       Reparking of wrongly parked vehicles: 50 EUR

-       Special cleaning fee (e.g. due to heavy soiling or smoking in vehicle): 50 EUR

-       Processing of towing costs of vehicles in case of wrongly parked vehicle, battery drainage, or fuel drainage: 25 EUR

-       Towing costs of vehicles in case of wrongly parked vehicle, battery drainage, or fuel drainage: as invoiced by the towing company

-       Late fee reminders: 5 EUR for first reminder, 15 EUR for second reminder

 

 

2.    Unless provided otherwise in the terms and conditions of this Agreement, these Fees shall cover the User’s right to use the Vehicle, the refuelling and recharging costs, parking costs in the Designated Zone and insurance costs without prejudice however to Poppy’s indemnification rights. Notwithstanding the foregoing, Poppy shall have the right to claim indemnification for any damages and losses due to the User’s non-compliance with this Agreement.

 

3.    Fees stated in 1.a), shall upon completion of the Rental Period, automatically be charged by the applicable third party payment provider to the User’s credit card designated by the User. Payments may be subject to the terms and conditions of the applicable third party payment provider. Poppy shall in no event be liable for any damages arising out or in connection to the payment solution or services provided by the third party payment provider.

 

4.    If requested by User, Poppy shall deliver a monthly overview of the User’s Rental Periods.

 

5.    All other amounts due under this Agreement (including the costs as stated in 1. (b)) will also be automatically debited from the User's credit card as soon as they are known to Poppy. If the exact amount due by the User is not yet known, Poppy will estimate this amount and debit it as security from the credit card.

 

The User will be notified by email. If the User does not agree with this deduction, he must inform Poppy in the same way within the three (3) Calendar Days after deduction or the date of receipt of this e-mail. In the absence of notification of a dispute, there is an irrefutable presumption that the User has agreed to the deduction. In case of timely dispute, Poppy will inform the User whether or not it will modify the deduction.

 

The amounts due that are not yet paid by the User to Poppy must in any case be paid by the User within thirty (30) Calendar Days after the notice of the deduction of the date of the invoice from Poppy.

 

6.    In the event of late payment, the User will owe interest without need of any prior notice, and Poppy shall be entitled to deactivate or suspend the Account or withdraw the Authorized Driver’s approval or to terminate the Agreement, at its discretion.

 

7.    This Article will survive termination of this Agreement.

 

9.  Liability

 

 

9.1.       Poppy Liability

 

1.    Poppy shall only be liable for:

a)    for fines imposed as a result of a defect in the Vehicle, which was not easy to notice immediately after starting the engine;

b)    for damage or loss as a direct result of Poppy's violation of the terms of this Agreement.

 

Poppy’s total liability shall in no event exceed two thousand five hundred (2,500) EUR.

 

2.    Poppy shall in no way be liable to the User for:

a)       loss of ownership of the User, including but not limited to the lost, stolen or damaged property of the User in or from the Vehicle;

b)     all damage or loss incurred by or imposed on Poppy on the basis of, arising from, or in relation with the criminal, deliberate or negligent act or omission of the User in the use or driving of a Vehicle or in connection with this Agreement.

 

3.    Poppy is in no way be liable to the User for indirect, consequential, special, or incidental damage, loss, corruption or damage, loss of profit or loss of business for any matter related to this Agreement, the Application or any Services or Vehicles provided by Poppy, even if Poppy was advised about the possibility of such damage or if this possibility could reasonably be foreseen.

 

4.    Nothing in this Agreement shall exclude or restrict the liability of Poppy for:

-       death or bodily injury caused by its negligence or its wilful misconduct; or

-       fraud.

 

5.    Poppy shall in no event be liable for any delay or failure to perform any of its obligations under this Agreement (excluding monetary obligations) due to force majeure or any other cause beyond its reasonable control, including but not limited to internet failure, power outage, explosion, fire, war and terrorism.

 

6.    Any exclusion or limitation set forth herein shall apply to the maximum extent permitted by applicable law.

 

9.2.       Authorized Driver Liability

 

1.    Unless in case of (i) gross negligence and wilful misconduct, (ii) non-compliance with the terms and conditions of this Agreement and (iii) Article 9.2.2, the User’s liability shall be limited to franchise amount as referred to in Article 9.2.4 of the Agreement. The User acknowledges to be liable for any damages, losses and costs arising out its non-compliance with the terms and conditions of this Agreement, including but not limited to:

·      any loss of or damage caused to the Vehicle;

·      any loss or damage caused to the accessories or individual Vehicle parts;

·      any related ancillary expense (like, for example, towing costs);

·      any penalties imposed in respect of parking or driving offences;

·      violations of (‘article 4.2.4’ of) the Agreement; and

·      third party claims.

 

2.    The User expressly undertakes to fully indemnify and hold harmless Poppy or its insurer, as the case may be, (i.e. without the limitation of Article 9.2.1) for any and all damages, losses and costs arising out of :

·      the use and operation of a Vehicle by a third party during a Rental Period requested by the User’s Account;

·      a criminal or immoral act committed by the User or any other non-compliance with the applicable traffic laws during or through such User’s use of the Services or the Vehicle;

·      the User’s non-compliance with Article 3 of this Agreement, or its negligence, gross negligence and wilful misconduct.

 

3.    The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs arising out this Agreement and any incident relating to its performance.

 

Poppy will, as soon as damage to the Vehicle has been reported or established, have a report prepared on the condition of the vehicle and a cost estimate of its cleaning and / or repair, and will send this report and estimate to the User by e-mail (hello@poppy.be). If the User does not agree with this report and the estimate, he must inform Poppy in the same way within the three Calendar Days after receipt. In the absence of timely dispute (within three (3) Calendar Days after receipt of the budget) there is an irrefutable presumption that the User has agreed with the report and cost estimate. In case of a timely dispute, Poppy  will immediately take the initiative to have the condition of the vehicle and the cost of cleaning and / or repair determined contradictory.

 

 

4.    For material damage the franchise amount is limited to 950,00 EUR. For a young driver (younger than 23 years old) the franchise amount is limited to 1.000,00 EUR. Upon payment of a 1 EUR by the Authorized Driver, the franchise amount will be limited to 750,00 EUR.

 

5.    The additional franchise for the motor third-party liability insurance is limited up to 150,00 EUR for a driver under the age of 23.

 

This Article 9 will survive termination of this Agreement.

 

10.               Insurance

 

1.    Poppy undertakes to hold at all times a general and third party liability insurance and a vehicle damage insurance for third party property damage and for all third party bodily injury in respect of the use of a Vehicle. The terms and conditions of the insurance and the insured amounts can be found in the General Terms and Conditions "Mobility Safe 1 - 0096-B3310A0000.07-01022018". Only compulsory motor third-party liability insurances Omnium Safe 1 (excluding Safety Pack Omnium) and Driver - formula Driver Select are  applicable.

 

2.    Notwithstanding such insurance coverage, Poppy shall at all times be entitled to recover from the User, and the User must indemnify and hold harmless Poppy, or its insurer as the case may be, in accordance with and subject to Article 9.2.

 

3.    The Insurer’s terms and conditions "Mobility Safe 1 – 0096-B3310A0000.07-01022018” are available here.

 

11.               Disclaimer of warranties

 

THE AUTHORIZED DRIVER TAKES POSSESSION OF ANY VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND POPPY EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO ANY VEHICLE AND ANY OPTIONAL ACCESSORIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN TRANSPORT OF PASSENGERS. POPPY DOES NOT GUARANTEE THE USE OF A PARTICULAR VEHICLE OR THAT A PARTICULAR VEHICLE WILL BE AVAILABLE FOR THE USE OF AN AUTHORIZED DRIVERS AT A GIVEN TIME AND MAY REMOVE A VEHICLE FROM USE AT ANY TIME IN ITS SOLE DISCRETION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS ARTICLE WILL SURVIVE TERMINATION OF THIS AGREEMENT.

 

12.               INTELLECTUAL PROPERTY RIGHTS

 

The Application (in object code and source code form), underlying models and algorithms of the Application, the Poppy brand and logo, including any rights, title and interest (including intellectual property rights) therein, shall at all times remain the sole and exclusive property of Poppy and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation intellectual property rights) therein pursuant to this Agreement, except for the limited user rights expressly granted hereunder. In the event, notwithstanding any prohibition thereto, the User modifies or creates derivative works of the Application, Poppy shall own all rights, title and interest, including any intellectual property rights, in and to such modifications and derivatives and the User hereby assigns any such rights, title and interest in such modifications and derivatives to Poppy at no cost to the latter.

 

The User agrees: (1) not to remove any intellectual property notices in the Application; (2) not to sell, transfer, rent, lease, grant access or sub-license the Application to any third party; (3) not to alter or modify the Application; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Application; (5) not to prepare derivative works from the Application and (6) not to use or register the brand “Poppy”.

 

13.               Term and Termination

 

1.    This Agreement will be entered into between the User and Poppy as from the Applicant’s creation of an Account and thus subscription to the Application. The Agreement shall remain in force for an indefinite period until terminated by either party in accordance with this Agreement.

 

2.    Either party may terminate this Agreement upon one (1) Business Day notice via Poppy’s Customer Support or via hello@poppy.be .

 

3.    Poppy shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate or suspend an Account or to terminate the Agreement immediately upon notice via Poppy’s Customer Support or via hello@poppy.be  if one of the following events occur, or if Poppy has reasonable reasons to believe such event occurred:

·      The user’s driver’s license is revoked, withdrawn, suspended or restricted, or the User is disqualified from holding or obtaining a driver’s license;

·      The user fails to pay the Fees or any other amounts due under this Agreement;

·      a third party uses and operates a Vehicle during a Rental Period requested by the User’s Account;

·      the User commits a criminal or immoral act or any violation of the applicable traffic laws during or through such User’s use of the Services or the Vehicle or

·      in general, the User does not comply with the terms and conditions of this Agreement, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise.

 

4.    In case of deactivation or suspension of the Account or termination of the Agreement, the User shall no longer be entitled to use the Application, the Services and the Vehicle for the duration of such deactivation or suspension, as the case may be.

 

5.    Notwithstanding the foregoing, any termination shall in no event result in a Vehicle being promptly stopped driving during an Actual Driving Time. Deactivation, suspension or termination shall in principle only occur as from the locking of the Vehicle and termination of the Rental Period in accordance with Article 4.4.

 

14.               General provisions and jurisdiction

 

1.    This Agreement (including the Privacy- and Cookie Policy) constitutes the entire agreement and understanding between the User and Poppy and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter still in force between the User and Poppy.

 

2.    The User accepts that Poppy shall have the right to notify User per pop-up of any changes to the present Agreement to which the User subscribed. The User’s continued use of the Application, Services and the Vehicle following the effective date of a change shall constitute the User’s acceptance of such change.  The User shall at all times (in case of non-agreement) be entitled to terminate the Agreement upon one (1) Business Day notice in accordance with Article 13.2 of this Agreement.

 

3.    If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be automatically limited or altered in order to render it valid or enforceable to the maximum extent permitted under applicable law, and all other provisions of this Agreement shall remain in effect.

 

4.    The original version of this Agreement is drafted in English. In the event of any discrepancy between the different languages of the Agreement, the English version shall prevail. As far as insurance aspects are concerned, the Dutch texts always prevail.

 

5.    This Agreement is governed by and construed in accordance with Belgian law and the Parties submit to the exclusive jurisdiction of the Dutch speaking department of the courts of Brussels. If, however, the User is a consumer and defendant, only the court of his domicile is competent.

 

15.               Questions

 

If you have any further questions about the terms and conditions of our Agreement or the implementation, please contact Poppy.

 

16.               General

 

Email address: info@poppy.be

 

Date of last revision: 24/08/2018