Terms & Conditions

GENERAL CONDITIONS OF USE OF THE FLOYA APPLICATION

Date of update : 05/09/2023

Version of the application: v.1

1.INTRODUCTION

1.1 The STIB

The Société des Transports Intercommunaux de Bruxelles (hereinafter referred to as “the STIB”), registered in Brussels under the number RPM 0247.499.953, with registered office at rue Royale, 76, 1000 Brussels, is an association of public law entrusted by the Brussels-Capital Region with developing and managing of a digital multimodal mobility application (hereafter “the Application”).

The STIB has developed an application called “FLOYA”. The Application allows users to search for the most appropriate route for their journeys, to access several means of public (STIB, SNCB, TEC, De Lijn) and private transport (scooters, scooters, taxis, shared cars and bicycles) and to combine them to organise a single journey.

The mobile application also makes it possible to book and, if applicable, to pay and use directly for some of these modes of transport, without having to go through the application of the partner operating the mode of transport concerned.

1.2 General Terms of Use

The purpose of the present General Conditions of Use (hereafter: GCU), concluded between the STIB and any User, is to determine the rules of use of the FLOYA Mobile Application (hereafter “the Application”) and to define the respective rights and obligations of the STIB and the User in this context.

These GCU govern the use of the Application, including, where applicable, the sale of transport tickets or mobility services through the Application. When usingthe services of a mobility services partner, the general terms and conditions of that partner also apply (exluding its conditions of sale).

These GCU shall apply as from the installation of the Application on the Mobile Terminal by the User, who accepted them when installing the Application. Any modifications that may be made by the STIB to the GCU shall be brought to the attention of the User, who must accept them in order to continue using the Application.

THE USER EXPRESSLY ACCEPTS THAT THE MOBILITY PARTNER’S GENERAL TERMS AND CONDITIONS APPLY TO THE USE OF THE MEANS OF TRANSPORT PROVIDED BY THIS MOBILITY PARTNER VIA THE APPLICATION (DURATION, LIABILITY, USE, ETC.).

VIA THE MAAS APPLICATION, THE USER HAS ACCESS TO MEANS OF TRANSPORT PROVIDED AND OPERATED BY MOBILITY PARTNERS SELECTED BY THE STIB.

THE USE AS SUCH OF THE MODES OF TRANSPORT IS SUBJECT TO SEPARATE ADDITIONAL CONDITIONS SPECIFIC TO THE MOBILITY PARTNER CONCERNED. THE USER MUST CONSULT AND ACCEPT THESE CONDITIONS BEFORE USING THE MEANS OF TRANSPORT CONCERNED. THE USER CAN FIND ALL THE CONDITIONS OF OUR MOBILITY PARTNERS IN THE APPENDIX TO THIS DOCUMENT.

The French and Dutch language versions of these Conditions are the only official versions and therefore of reference in case of need for interpretation or otherwise. The English version is only a translation.

These General Conditions of Use are available and can be consulted at any time through the parameters of the Application.

All the conditions for the protection of personal data are set out in the Privacy Policy.

2. DEFINITIONS

Within these General Conditions of Use, the words and acronyms represented in the text below have the following meaning:

“App” or “Application”: means the mobile application “FLOYA” published by the STIB, which is available free of charge in the app stores to be downloaded by the User on his Mobile Terminal. The App includes among others the Contents, the software, the programs, the tools (programming, navigation, …), the databases, the operating systems, the documentation and all other elements and services that it contains, as well as updates and new versions of the App by the STIB.

“User Account”: means the digital identification that must obligatory be created by a User in order to be able to book a mobility service. The User Account is unique and can only be used on the Application.

“Conditions”, “General Conditions of Use” or “GCU”: refers to the general conditions of use of the Application described in this document, including the general conditions of sale of mobility services directly available in the Application.

“Content”: means all the informative data of the STIB and its Partners, including the personalised data of a User Account in the App.

“Favourites”: means the User’s favourite departure and arrival points.

“Itinerary”: means a journey to be made between two geolocation points using the mode of transport of one (or more) public transport operator(s) (SNCB, De Lijn, TEC and STIB) or mobility service provider(s).

“MaaS” or “Mobility as a Service”: refers to the concept of mobility that allows access to the most relevant mobility solution at a given moment, using the entire existing public and private transport offer in an integrated way, at a price that is competitive with the real cost of owning a private car

“Partner” or “Mobility Partner”: mobility partner included in the App, being either a public transport operator (De Lijn, TEC, SNCB, as well as the STIB) or a private mobility service provider.

“Mobile Terminal”: means any computer configuration and any mobile device (e.g. smartphone or tablet) on which the App can be downloaded and from which the App is executable using its operating system and/or on which the App is used.

“User”: means any natural person who uses the App, who identifies himself through a User Account or who simply uses the Application without a User Account.

3.HOW TO USE THE APPLICATION

3.1 Introduction

Use of the App is free of charge. The equipment (including the Mobile Terminal), the material means enabling access to the App, and the costs of access to and use of the telecommunications network are the sole responsibility of the User.

Accession to the App is subscribed until the User decides to delete the App from its Mobile Terminal.

The use of the App is reserved for natural persons, excluding companies, associations or groups. Registration to the App and the associated offers are strictly personal: they may not be sold or transferred and do not constitute a means of payment. If, however, the User is aware of the use by a third party, without its authorisation, the User undertakes to inform the STIB as soon as possible, by the various means of communication mentioned below, in the last paragraph “Contact” of these GCU.

The creation of a User Account implies the verification of the User’s telephone number by a technical service provider. The User is required to provide his email address and all other required data in a complete and correct manner to ensure the proper functioning of the services.

Simple use of the App is possible without creating a User Account; however, the functionality is limited. To book and pay for a mobility service, the User must create a User Account. In some cases, verification of additional documents (e.g. driving licence) is also required.

3.2.Functionality of the Application

The App allows Users to search for and combine several different modes of transport (public transport, shared cars or bicycles, for example) to organise a door-to-door journey based on the principle of multimodality and “MaaS”, which allows to plan the urban journeys more efficiently.

The User may benefit from the following functionalities (non-exhaustive list):

– management of the User profile;

– storage of Favourites (addresses) to be able to launch an itinerary search directly from and to these addresses;

– visualization of alerts of disturbances;

– history of addresses searches;

– guidance functionality;

– purchase and payment of transport tickets/mobility services for certain Mobility Partners directly in the App ;

– information concerning the mobility services, public or private, included in the App;

– routing suggestions;

– for mobility services that cannot be booked and/or paid for directly in the App, possibility of being redirected via a link to the web page or application of the Partner concerned (e.g. to buy tickets, unlock a vehicle, reserve a vehicle, etc.). ).

To be able to book and pay for certain modes of transport, it is necessary to download the applications of our Partners concerned and create user accounts with them. Indeed, for some Partners, it is only possible to book and pay via links redirecting to our Partners’ applications.

The User can log out or delete his identification at any time, through the options in the App.

3.3 Geolocation

The use of the geolocation functionality of the App requires the prior consent of the User to be geolocated, i.e. to provide the GPS coordinates of his position at the time of his connection to the App. To do this, the User must activate, if he wishes, the geolocation function directly in the settings of his Mobile Terminal and accept that the App may use it. This function can be deactivated or activated at any time.

Thanks to the acceptance of the GPS geolocation function of the Mobile Terminal and of the App, the User may in particular (non-exhaustive list):

– visualize the mobility services available in the vicinity of its position ;

– receive the relevant travel information in relation to its position ;

– start an Itinerary search from its position and be guided during the journey to get to the desired location ;

-etc.

Access to the camera is necessary in order to be able to scan the QR codes of our Mobility Partners, as well as, if necessary, to check the validity of the User’s driving licence and identity card. The STIB is not responsible for the reading of the User’s actual position. This depends on the Mobile Terminal, the internet service provider, the accuracy provided through a Wi-Fi connection and/or other elements that are beyond the control and therefore the responsibility of the STIB.

4.GENERAL TERMS AND CONDITIONS OF SALE OF DEMATERIALISED TRANSPORT TICKETS AND MOBILITY SERVICES DIRECTLY AVAILABLE IN THE APPLICATION

This section of the GCU applies to all distance selling of transport modes of some of our Partners that can be purchased directly via the Application. These terms of sale prevail over the terms of sale of each Partner.

The present section is not applicable in cases where the User is redirected to the application of one of our Partners for the purchase of their mobility services.

4.1. Legal capacity

By purchasing a ticket or a mobility service via the Application, the User acknowledges :

• to be capable of entering into a contract within the meaning of civil law;
• to be responsible for all financial transactions relating to the use of the Application, including those made on behalf of a third party.

4.2 Purchase conditions

Before confirming the order, it is incumbent on the User to check that the product chosen corresponds to its indications and meets its needs.

4.3. No right of withdrawal

In accordance with Article VI.53 of the Code of Economic Law, the User does not have the right of withdrawal.

4.4. Prices and accepted methods of payment

The prices of transport tickets or other mobility services are set VAT included. Accepted methods of payment are those mentioned in the Application.

By using “pay-as-you-go” mobility services, given that the final amount of the transaction is not known in advance, STIB ensures that a minimum amount is available on the User’s account linked to the payment card used by the User. Therefore, by reserving such a mobility service the User authorizes STIB-MIVB to block an amount of €9 on their payment account for scooters and an amount of €20 for shared cars, up to the final execution of the payment transaction in accordance with article 75 PSD II, which concerns payment transactions whose amount is not known in advance. Therefore, for the use of such a mobility service, the balance of funds present in the payment account of the User must be sufficient

5. USE OF DEMATERIALISED TRANSPORT TICKETS AND MOBILITY SERVICES SOLD VIA THE APPLICATION

The User is invited to consult the transport rules or general conditions of use of the Partner concerned. Hyperlinks to the conditions are included in the appendix to this document.

6. AVAILABILITY OF THE APPLICATION

Without providing any guarantee, the STIB aims to make the App accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control of the STIB and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the App, which will be limited to the strict minimum, without any right to compensation. Maintenance operations may be carried out without Users having been notified in advance, without any right to compensation. The STIB does not provide any guarantee as to the availability of the Partners’ mobile applications and cannot be held responsible in the event of any fault or technical problem relating to the Partners’ application.

The availability of STIB information in the App has no influence on the operational availability of transport vehicles available in the Application. Similarly, all data concerning vehicle timetables and positions and mobility services of partners are as close as possible to reality, but the STIB cannot be held responsible if there is a discrepancy in relation to the actual field position of a vehicle or the availability of a means of transport.

7. TERMINATION, EXCLUSION FROM USE OF THE SERVICES AND DISCONTINUATION OF THE APPLICATION

The STIB reserves the right to exclude any User or to limit, restrict, suspend or close his access to the App, without notice, at any time and unilaterally, including by immediate disconnection, in particular in the event of non-compliance with these GCU.

8. LIMITATION OF LIABILITY

The STIB will in no way be responsible for the Contents of any kind published, distributed or transmitted by the User on the App by any means whatsoever.

The obligations of the STIB in these GCU constitute a commitment of means. The STIB does not guarantee that the App will be free of anomalies, errors or bugs, nor that these can be corrected, nor that the App will operate without interruption or breakdown, nor that it is compatible with any particular hardware or configuration other than those expressly mentioned by the STIB in these GCU. The STIB endeavours to provide the best possible service. However, the STIB accepts no responsibility for any error or delay in the refreshing of dynamic data such as waiting times related to telecom operators, or which would have a slight discrepancy with the other displays of the STIB.

On the other hand, the STIB is not responsible for possible errors concerning data from third parties, such as the theoretical timetables of other operators (SNCB, De Lijn and TEC) or data provided by the private Partners. The STIB is also not liable for any damage that occurs when using the mobility services of the partners.

Finally, the STIB is not responsible for malfunctions attributable to third party software. Within the limits of the applicable law, the STIB disclaims all liability in this respect, in particular for any damage suffered, directly or indirectly, as a result of such failures.

Under no circumstances shall the STIB be liable for any type of foreseeable or unforeseeable damage, material or immaterial (including loss of profits or opportunity) resulting directly or indirectly from the use or total or partial impossibility of using the App. Finally, as the STIB cannot control all the sites to which it refers via hypertext links, which only exist to facilitate the User’s searches and use of the App, the STIB is in no way responsible for their content.

The User acknowledges having verified that the Mobile Terminal he uses does not contain any viruses and that it is in perfect working order. The Mobile Terminal and the functioning thereof are beyond the control of the STIB, which has no responsibility in this respect.

The User accepts full responsibility for all assessments, taxes, fees and duties and any other financial liability that may result from the use of the App with the User’s account, as well as any use with the User’s account by a third party.

The STIB does not guarantee, and the User acknowledges and accepts this, the compatibility of the App with a Mobile Terminal, a hardware, a particular configuration, an Operating System (OS) or a specific version. Furthermore, the STIB cannot be held liable for any damage, including damage to the Mobile Terminal used, resulting from improper use of the App by the User.

In the event that the App contains hypertext links redirecting to other websites or applications, it is the User’s responsibility to be aware of the policies of the websites / applications to which the App refers, in particular with regard to the protection of personal data. The STIB makes no commitment concerning any other website / application to which the User may have access via the App and the STIB is in no way responsible for the content, functioning and access to these websites / applications.

9. OBLIGATIONS OF THE USER OF THE APPLICATION

The User expressly undertakes to :

– download and use the App on his Mobile Terminal exclusively on a personal and non-commercial basis ;

– not to reproduce permanently or temporarily the App or the Content, in whole or in part, by any means and in any form;

– not to use any software or process intended to copy the Content without the prior, express and written authorization of the STIB ;

– not to make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor to apply reverse engineering, nor to use practices such as scraping or the use of robots for the purpose of extraction, reproduction of all or part of the App, the services and/or the Content;

– not to export the App, to merge all or part of the App with other computer programs;

– not to make short quotations, analyses and reproductions intended for press reviews as well as other uses expressly authorised by the law within the limits and conditions set by the latter and subject in particular to quoting the names of the authors and the editorial source;

– expressly renounce the use of software or devices likely to disrupt the proper functioning of the App;

– not to use the App in a way that is likely to disrupt the proper functioning of the App, nor to take any action likely to impose a disproportionate burden on the STIB infrastructures;

– not to extract or re-use, including for private purposes, without prior, express and written authorisation from the STIB, a substantial or non-substantial part of the Content of the databases and archives constituted by the App or which can be consulted via the App ;

– not to set up systems likely to hack the App and/or the Content, in whole or in part, or likely to violate these GCU;

– inform the STIB as soon as they become aware of an act of piracy and in particular of any illegal or non-contractual use of the App and/or the Content, whatever the method of distribution;

– not communicate incorrect information or deliberately use another person’s User Account (identity theft);

– not to sell, rent, sub-license or distribute in any way whatsoever the App and/or the Content to third parties.

In general, the User undertakes to respect the laws and regulations in force and not to infringe the rights of third parties.

The User is solely responsible for any use that may be made of his login, his identifiers (including his email address) and password, and is the sole guarantor of their confidentiality, as well as any use of his User Account. The User undertakes to regularly update all information concerning him, in particular information relating to his User Account, by regularly resetting his password.

10. INTELLECTUAL PROPERTY

Access to the App does not confer any property right on the intellectual property rights relating to the App or any of its elements, which remain the exclusive property of the STIB, its suppliers or the Partners. Access to the App confers to the User a free, revocable, worldwide, non-transferable and non-exclusive right to use and consult the App for non-commercial and strictly personal purposes, within the limits of these GCU. The elements accessible on the App, in particular in the form of texts, photographs, images, icons, maps, sounds, videos, software, database, data, its structures and all the Content in general are also protected by intellectual and industrial property rights and other private rights that the STIB, or its Partners, holds.

11. MISCELLANEOUS PROVISIONS

If one or more provisions of the present GCU were to be declared null, invalid or inapplicable in application of a law, a regulation or following a court decision that has become final, it will be deemed unwritten and the other provisions will remain applicable and will retain their full force and scope.

In case of difficulty of interpretation resulting from a contradiction between any title appearing at the head of the clauses and any clause, the titles will be deemed non-existent.

The fact that the STIB does not apply or does not enforce any of the provisions of these GCU shall not be interpreted as a waiver of that provision or of any other provision of these GCU.

The STIB reserves the right to transfer to a third party all or part of its rights or obligations in these GCU without the User’s consent. Such an assignment will constitute a modification to the present GCU and, if necessary, the User will be notified thereof. The STIB intends to respect the intellectual property rights of third parties. However, if the User considers, in good faith, that the elements appearing on the App infringe the intellectual property rights of a third party, he is requested to contact the STIB, by the various means of communication mentioned below, in the last paragraph “Contact” of these GCU.

12. APPLICABLE LEGISLATION

The GCU, and more generally, the contractual relationship resulting from the use of the App, are subject to Belgian law.

13. CONTACT, INFORMATION AND COMPLAINTS

If you have any questions, you can contact the STIB at the following address: happytohelp@floya.brussels

For any complaint or claim relating to the use of the App, you can contact the STIB at the following address: STIB Team MaaS, rue Royale, 76 in 1000 Brussels, by e-mail at happytohelp@floya.brussels

For any questions or problems concerning the mobility services and means of transport offered by our Partners, we invite you to contact directly the Partner concerned. Copyright STIB-MIVB © 2023 v2.0

APPENDIX : GENERAL CONDITIONS OF OUR PARTNERS

SNCB:
Conditions of carriage – https://www.belgiantrain.be/fr/support/terms-and-conditions-for-transport

DeLijn:
Transport conditions – https://static.delijn.be/Images/algemene_reisvoorwaarden_feb_2020_tcm3-24191.pdf

TEC:
Legal notice – https://www.infotec.be/fr-be/l%C3%A9gal.aspx

Villo :
T&CS – https://www.villo.be/fr/documents/cgau/vls

Dott:
GTC – Terms Belgium – Dott (ridedott.com)

Voi :

CGU – https://www.voiscooters.com/fr-be/voi-user-agreement-12rr/

Tier :

CGU- https://about.tier.app/terms-and-conditions/

Bolt :

CGU- https://bolt.eu/fr/legal/

Poppy :

CGU- https://poppy.be/fr/terms-and-conditions

Cambio:
CGU – https://www.cambio.be/fr-bxl/conditions-generales

Green taxi/collecto:
CGU – https://taxisverts.be/en/terms-and-conditions/