TERMS AND CONDITIONS OF USE

1. GLOSSARY

1. App or Application: This refers to smou.
2. BSM and/or ITM Mobility Services: the services linked to the transport provided by the companies Barcelona Serveis Municipals, S.A. and Iniciatives Tecnològiques de Mobilitat (henceforth, ITM). These services include: Parking Meter, Parking via app, Endolla Barcelona, Bicing, Residents and Towing Service.
3. Third-party Mobility Services: indicate services associated with the transport of people which are accessible through the smou application and provided by mobility-service suppliers other than BSM.

2. SMOU TERMS AND CONDITIONS OF USE

Barcelona de Serveis Municipals, S.A. (henceforth, BSM) is the provider of the mobile application known as smou (henceforth, the Application), with CIF (Company Tax Code) A-08765919.
The following is a description of the terms and conditions regulating the application, structured under the following points:

1. Downloading and installing the Application

2. Signing up to the app
– Registering with the app
– Use of BSM and/or ITM mobility services
– Use of third-party mobility services

3. Use of the Application

4. Prices and rates
– Smou application
– BSM and/or ITM mobility services
– Third-party mobility services

5. Suspension

6. Location

7. Intellectual property rights

8. Updating and amending the terms and conditions of use

9. Procedure for suggestions, queries and complaints

2.1. Downloading and installing the Application

• The application requires the use of compatible smartphones, the installation of the Mobile Application and internet access (subject to the connection rates that may be applied by the user’s supplier and which BSM is not be liable for and shall be fully indemnified against). Some of the application’s functions cannot be used in areas without mobile phone coverage and/or when telephone data services are not activated. In that case, the User declares that they know and accept that use of this application will not be entirely complete, when it is not possible for them to receive notifications sent to the terminal or to connect to the API provided by website or other services. BSM shall not be responsible in any case for problems caused by the elimination or deactivation of access to any of the services. 
• Proper use of the application may require software updates, for which purposes BSM may require users to install and always use the latest version of its Mobile Application.
• There is no need to register with smou for the purposes of downloading and installing the smou Application or consulting the various mobility services.
• Smou’s services are aimed at anyone over 16, and users are responsible for complying with the requirements for the use of the mobility services provided. Any use of the mobility services by users is subject to compliance with applicable current regulations (driving licences needed to hire vehicles, ID document, etc.)
• By downloading and using the smou application, the User expresses and guarantees they have sufficient capacity to enter into this agreement.
• Smou may automatically collect certain information, including the types of device that the User uses, the ID of the user’s mobile devices, the operating system, the types of search engine the User uses and information concerning use the User makes of the services. The Application collects information on the location of your mobile phone (see section 2.6 Localisation).
• The user may uninstall the Application at any time, under the procedure provided for in their device’s operating system.

2.2. Registering with the app

2.2.1. Signing up to the app 

• Anyone wishing to register as a user of the smou application must provide all the contact details requested. Users must also expressly accept the terms and conditions of use and the privacy policy of the application and its services.
• The user must also activate their account by accessing the confirmation page that will appear as a link in the email sent by BSM to the email address the User supplied during their registration process. If they do access that link, their account will not be activated, as it will not be possible to verify the email address they supplied, which shall be deemed incorrect.
• The account holder (or administrator) may choose between two types of registration: (i) Personal account, (ii) Business account. The Personal Account allows payment for services by a single user. The Business Account allows several users to pay for mobility services at the same time, charged to the same bank card.
• The User Administrator of a Business Account is responsible for entering the email address and for amending or removing identification data (name or alias), and the restrictions (vehicles, parking conditions, etc.) for Mobile Users that can pay for mobility services charged to the same Business Account.
• The User Administrator of the Business Account may use the Website’s user area to create additional Mobile Users on the Business Account, subject to the following procedure provided for below: The User Administrator shall provide BSM with the email addresses of potential users, and BSM will send them a link that they must use to register for the application, providing the required information and password and accepting the service’s terms and conditions and the privacy policy.

2.2.2. Use of BSM and/or ITM mobility services

• The mobility services must be individually activated before they can be used, and in each of the cases the necessary data (where they are not available) will be requested so the service can be activated.
• Where the mobility services require vehicle data, the User shall have to provide the licence number of the vehicle they wish to register.
• Where the mobility services require payment details, the User shall have to provide a bank card, which will be validated in real time. For the purposes of registering the payment card associated with the account, a secure verification procedure will be followed for enabling its identification (number, name, expiry date, CVV).
• The Application allows only one registered bank card per account (for both Personal and Business Accounts), whose holder is a natural person (individuals or freelances) or legal entity (companies, associations, etc.)
• The account holder may change their registered bank card whenever they wish, either on the application itself or on their user area on the website www.smou.cat. Every time a change is registered, BSM will initiate the verification process established in the points above. 
• The Account holder is under an obligation to provide reliable information and give notice of any changes to their Account’s payment, personal or contact details.
• Where their bank card is lost or stolen, the Account holder must immediately inform their bank and have it cancelled, thereby preventing the Application’s payment gateway from being able to make further charges on the lost or stolen card, and duly notified.

2.2.3. Use of third-party mobility services other than BSM

• The smou Application includes content and services provided by third parties and/or links to third-party services, websites and resources.
• BSM and/or ITM shall not be responsible for their availability, functioning, accuracy, adherence to third-party policies or legality. The user shall be exclusively liable for and assume all the risks arising from the use of such third-party websites, services or resources.
• A collaboration framework has been established between BSM/ITM and these third-party mobility service providers.

2.3. Use of the Application

• The smou application can be used without starting a session, but with limited functions.
• The features available without logging in are: viewing the locations of the various mobility services (POIS) and information about them; map browsing; estimated available regulated parking places; and viewing the services provided by the app, Bicing stations, and available endolla, bicisharing and carsharing points.
• Features that are only available after logging in: activation of services (e.g. Parking Meter, Parking via app, etc.) and their use (e.g. starting the parking period using the Parking Meter service), vehicle management, notifications, etc. 

2.4. Prices and rates

2.4.1. Smou Application

• The downloading, registering, use and maintenance of the mobile application is totally free and can be done through official mobile-application markets for compatible smartphone operating systems. BSM reserves the right to modify these economic conditions at any time, with prior notification.

2.4.2. BSM and/or ITM mobility services

• Use of the mobility services provided by BSM and/or ITM through smou is subject to payment being made to BSM or each of the Metropolitan Parking Platform’s member municipalities for the contracted services. The BSM and Metropolitan Parking Platform’s mobility service rates are published clearly on the smou Application.

2.4.3. Third-party mobility services

• Use of third-party mobility services through smou is subject to payment of the fee corresponding to the mobility service being made to the supplier of the service. The mobility services’ rates are published clearly on the smou Application, according to the various Suppliers’ indicators. The rates charged for mobility services are set by the provider of this service and published in the relevant channels, which can be online or in person.
• When users hire a third-party mobility service from a supplier, they must provide such Supplier with their payment (credit card) details. Smou will not have access to the user’s payment details.

2.5. Suspension

• Improper, incorrect or inappropriate use of the Application, or falsification of data may lead to temporary or permanent blocking of the Application’s use.
• Where a mobile phone is lost or stolen, the Account’s User Administrator must notify their telephone operator of this fact.
• In any case, the User may carry out their operation from another terminal.

2.6. Location

• Users accept that the smou Application collects information on the location of their mobile device and requires it to be switched on, activated and with coverage for it to work.
• The localisation data will be processed by BSM anonymously, for service-improvement or mobility-related purposes.
• The user may at any time revoke their consent to the localisation service’s activation through their device’s corresponding option.
• In the case of revoking consent for activation of the localisation service, use of the application will be incomplete, as some services will no longer work.

2.7. Intellectual property rights

• Smou and the content of the services, including services provided in Barcelona except for those from third parties and other municipalities that are members of the Metropolitan Parking Platform, belong to Barcelona de Serveis Municipals, SA (henceforth BSM), with Tax ID number (CIF) A-08765919 and head office in Barcelona, C/ Calàbria 66, 08015 Barcelona, registered with the Barcelona Companies Registry, in volume 34702, folio 138, sheet B-108.458. It is a public company wholly owned by Barcelona City Council, and its object is to manage various mobility services. BSM is the owner of the smou.cat domain, which is hosted on the URL www.smou.cat.

2.8. Updating and amending the terms and conditions of use

• BSM reserves the right to review and modify these legal conditions at any time. Users are subject to the policies and conditions in force at the time the service is used, unless a law or decision by a competent authority says otherwise.

2.9. Procedure for suggestions, queries and complaints

• For any suggestion, enquiry, claim or complaint, users can go to www.smou.cat.

 
3. GENERAL TERMS AND CONDITIONS OF THE SERVICES

Smou’s services are aimed at anyone over 16, and users are responsible for complying with the requirements for the use of the mobility services provided. Any use of the mobility services by users is subject to compliance with applicable current regulations (driving licences needed to hire vehicles, ID document, etc.)

3.1. Use of the Mobile Application

• The Service requires the use of compatible smartphones, the installation of the Mobile Application and internet access (subject to the connection rates that may be applied by the user’s supplier and for which BSM and/or ITM are not liable and shall be fully indemnified against). Proper use of the service may require software updates, for which purposes BSM and/or ITM may require users to install and always use the latest version of its Mobile Application.
• Users may configure the Mobile Application to receive notifications and alerts about the use of the service.
• Despite such configuration, these notifications may not be received by a user for reasons not attributable to BSM and/or ITM (such as lack of connectivity, low battery, etc.) 
• The impossibility of seeing information or receiving notifications regarding digital tickets in progress on the mobile Application shall not exempt users from their obligations with regard to their use of this service. This includes any technical incident or cause outside the control of BSM and/or ITM attributable to the mobile device itself (state, configuration, battery, malfunction, etc.) or to the telecommunications channels or operators involved.
• BSM shall not be liable for any consequences that may be experienced by users for reasons outside the control of the Service.

3.2. Payment conditions 

• The User Administrator shall have to make their payments for the Service through the Registered Bank Card.
• The card associated with the Account may only be amended where there are no open or payment-pending operations.
• Users can view detailed information about all operations paid for with their own account by selecting various selection and sorting criteria: periods, vehicles.
• For all those payment services, except Endolla Barcelona, when starting an operation, BSM will charge an amount of less than €0.05 to check the card’s operational status, which will be refunded within a few minutes. For Endolla Barcelona, the charge will be €10, and also will be refunded within a few minutes. Where the result of the check shows the card is not operational, the service will not proceed.

4. SPECIFIC TERMS AND CONDITIONS OF USE FOR EACH MOBILITY SERVICE

4.1. Terms and conditions of use of the Parking Meter Service

BSM/ITM is the provider of the Parking Meter Service for paying for parking in the applicable areas of the BMA municipalities belonging to the Metropolitan Parking Platform (henceforth, the Service).

The terms and conditions governing the Service are structured under the following points:

1. Access to the service
2. Activation of the service
3. Use of the Mobile Application
4. Prices and rates
5. Parking terms and conditions of the Service
6. Conditions for invalidating a digital ticket claim

4.1.1. Access to the service

• The service acts as a parking meter and is based on smartphones that have an online data connection and a GPS system. When it comes to vehicle parking charges in the adapted areas of BMA municipalities that subscribe to the Metropolitan Parking Platform, this free Service enables Users to pay only for their effective parking time, through what is known as the Start & Stop Method, without having to go to parking meters in person or to print out a ticket on paper.
• Given that this is a payment system equivalent to the current one, the Service user can choose to use either the parking meter or the mobile Application whenever they park (the parking conditions are the same in both cases).

4.1.2. Activation of the service

• A Personal Account only allows for payments to be made for a single vehicle at any time. A Business Account allows several users to pay for parking at the same time, charged to the same account. Even so, each user may only park one vehicle at a time.

4.1.3. Use of the Mobile Application

• The rights and obligations of digital (paperless) tickets through the mobile Application are the same as the ones obtained at a parking meter, with the start and/or stop being the receipt. However, BSM and/or ITM reserve the right to request visible identification in the vehicle in the future, in which case users undertake to obtain the sticker and put it in the place to be indicated for this purpose.
• The User of the Service may only obtain and pay for digital tickets that are valid for parking in regulated shared parking places for non-residents in each municipality, as well as other regulated parking places that may be available in the city. However, BSM and/or ITM reserve the right to extend the scope of application of digital parking tickets accessible through the application, in which case BSM and/or ITM will notify users of the new scope of application.
• The device’s GPS tracker must be activated for Start/Stop operations.

4.1.4. Prices and rates

• The User Administrator shall pay the parking fee established in accordance with the current rates regulated by Barcelona City Council’s byelaws corresponding to each regulated parking zone, according to the parking place’s effective time of use.

4.1.5. Parking terms and conditions of the Service

• To initiate use of the service, the User must stand next to the vehicle and request the parking operation to start. Once the parking service begins, the Application will use the GPS tracker, unless it is deactivated, in which case the User will not be able to start the operation. The user must then indicate the type of parking place and the vehicle.
• The parking time is calculated using the start/stop mode. Therefore, the User must indicate the time of arrival and the time of leaving the parking place through the application. Therefore, at the moment the operation stops, the User must also have their GPS tracker activated.
• A Mobile User may only have one parking operation open at any given time. It is not permitted for one user to have two simultaneous parking operations in progress, even if they are for different vehicles or places.
• Although the application will facilitate and assist the User in selecting the parking conditions, it is the User who is ultimately responsible for the parking conditions indicated in their parking request: type of zone, time conditions, maximum time, etc.
• Any error committed by a user in the parking operation conditions indicated by them may give rise to the fines established in the current legislation. For all intents and purposes, the digital ticket is as good as an issued paper ticket for accrediting authorisation to occupy a parking place.
• A digital ticket does not exempt the User from compliance with the time limitations for the occupied parking place. Where use of the parking place has expired or the maximum time limit has been exceeded, the User may be subject to a fine, in the same way as with tickets obtained from parking meters.
• BSM and/or ITM may refuse a parking request for several reasons, of which the Mobile User must be informed in any case. For example, this may be due to restrictions on the account, parking conditions or payment conditions, or because the place is out of service.
• Acceptance of the parking request shall be subject to prior bank authorisation for an amount equivalent to the maximum time limit for using the requested parking place, in terms of the corresponding rate and time limit. Otherwise, the parking request will be refused and the User will be informed.
• Users are responsible for verifying whether their parking request has been accepted or refused. If the User’s request is refused, the User will receive notification of this on their device. Confirmation of the request’s acceptance will be displayed as the Application will start to calculate the parking time.
• To finalise the parking time in progress in the start/stop mode, the User must stand next to their vehicle in the parking place concerned and use the application to send an end-of-parking request for the operation in progress.
• The User is fully responsible for keeping their own mobile phone in good condition and with sufficient battery power to ensure that they can finalise the parking tickets started in start/stop mode. If, despite all the above, something were to happen to their mobile device, the User may use any other compatible mobile device, download the mobile Application, start the session and then state the end of the parking operation in progress.
• BSM and/or ITM will not be responsible for the additional parking time that a user has had to pay for as a result of being unable to report the end of a parking operation in open start/stop mode for reasons outside the control of the Service itself. These include all of those causes related to the device (no battery, not working, etc.) and those related to internet communication channels (no mobile network, no Wi-Fi network, etc.)
• If the User does not notify the finished use of a parking ticket opened in start/stop mode, that ticket’s validity will automatically end once the maximum permitted time limit has been exceeded, and the corresponding amount will be charged to the User’s Personal or Business Account.
• The User will receive a ticket on their mobile stating their parking place’s start time, stop time, rate and regulated time.

4.1.6. Conditions for cancelling a Barcelona digital ticket penalty charge

• This function is only available for cancelling notifications of Barcelona penalty charges.
• BSM offers the User of the Service, where they are issued with a vehicle-parking fine by Barcelona City Council and they believe they meet all the legally valid terms and conditions for cancelling that fine, a system for paying for the cancellation of their digital Ticket-related fine through the Application.
• A User Administrator may change the Application’s settings to determine whether or not a Mobile User associated with their Account may cancel fines charged to the account concerned.
• The Application enables cancellations of fines relating to both digital and paper tickets.
• Additionally, and under any circumstances, the service user may also go to a parking meter to pay and invalidate a claim relating to a parking operation carried out using the service.
• In accordance with current legislation, the person reported shall be the vehicle owner and not the service user who has parked the vehicle using the application.

4.2. Terms and conditions of use of the Parking via app Service (BSM Car Parks)

Barcelona de Serveis Municipals, S.A. (henceforth, BSM) is the provider of the Parking via app Service for paying for vehicle parking by the minute and automated access to BSM car parks (henceforth, the “Service”) through the “smou” mobile application (henceforth, the Application).

The terms and conditions governing the Service are structured under the following points:

1. Access to the service
2. Activation of the service
3. Use of the Mobile Application
4. Prices and rates
5. Parking terms and conditions of the Service
6. Terms and conditions of use of parking vouchers and other discounts with the service
7. Rules of use of the car park

4.2.1. Access to the service

• The Service is as good as using a parking ticket machine in the traditional way, but works with smartphones that have an Internet data connection and a licence-plate reading system that is installed in car parks. 
• The Application, which can be downloaded for free, enables the User to pay to park their vehicle in a car park without the need to use a paper ticket or go in person to a parking ticket machine.
• Given that this is a payment system equivalent to the current one, the User of the Service may choose to use the mobile Application or to park in the traditional way, by collecting a paper ticket at the entrance and paying at the parking ticket machine before they leave.

4.2.2. Activation of the service

• To activate the licence-plate-reading ticket, the User will have to select which of the vehicles registered in the Application they wish to use this service for. 
• A Personal Account only allows for payments to be made for a single vehicle at any time. A Business Account allows several users to pay for parking at the same time, charged to the same account. Even so, each user may only park one vehicle at a time.

4.2.3. Use of the Mobile Application

• The rights and duties of a digital (paperless) ticket are the same as those of a paper ticket, with the digital ticket displayed by the Application acting as the supporting document. 

4.2.4. Prices and rates

• The User must pay the parking fee established in accordance with the current rates in force at Aparcaments BSM, according to the length of their vehicle’s stay at the car park and any discounts that may apply.

4.2.5. Parking terms and conditions of the Service

• To initiate use of the Service, the User will have to drive their vehicle (whose licence-plate number is registered with smou) to the entry-barrier area, where there will be a camera installed for recognising licence plates. If the User has their automated-entry option activated for licence-plate reading, the barrier will rise, sparing the User the need to take a ticket. A virtual ticket will then be created stating the start date and time.
• If the User does not have the automated-entry option activated for reading the licence plate of the vehicle they are driving or they wish to use the Application to pay for their parking, they will have to collect a paper ticket and scan its barcode or QR code, which they will find printed on it. That way, the ticket will remain digitised and continue operating from that moment on through the Application.
• To conclude the parking period, the User will simply have to drive their vehicle to the exit, and once the camera has read its licence plate, the barrier will rise. The ticket will then terminate and the amount corresponding to the parking period will be charged through the Application. This will be charged to the bank card associated with the User’s Account.
• At the start of the parking period, a check will be carried out to ensure that the registered card is valid. Where the payment transaction cannot be concluded for a reason attributable to the User, the User will have to complete their parking payment at the parking ticket machine or resolve the incident communicated before they leave.
• If the parking period termination operation cannot be completed for reasons attributable to BSM (e.g. lack of connection with servers), the User may leave as usual by opening the licence-plate-reading barrier and the digital ticket for parking will then finish and be paid for once the service is re-established. 
• The User is responsible for verifying whether the digital ticket was correctly allocated to their Account. The digital ticket is as good as a paper one for all intents and purposes, and acts as the legal supporting document for their parking.
• The user will receive a receipt on their mobile phone stating the start and end times of their parking period, the final price and the car park, which can be checked from the application and the smou website: www.smou.cat.   

4.2.6. Terms and conditions of use of parking vouchers and other discounts with the service

Where parking vouchers and other discounts from Aparcaments BSM are available (for example, subscription discounts, group discounts and day products), BSM will inform users of them.

PARKING VOUCHERS: When paying for parking by the minute at car parks, users may apply the discounts of any parking vouchers they may have. Parking vouchers will operate as follows:

• Entering parking vouchers in the app: Users must scan the QR code printed on the paper voucher at any time. Once the paper parking voucher has been scanned, it is saved in the application as a digital parking voucher and the paper voucher is no longer valid for use in paper form (it cannot be used to pay at parking machines).
• Using parking vouchers: During any parking period (between entering and leaving the car park), users can select the vouchers they wish to apply to their active digital ticket such that their bank card will only be charged for any outstanding portion of the parking period. Any time still remaining on the voucher will be forfeited.
• Selecting multiple vouchers: If two or more cumulative vouchers are selected for application to the current ticket, they will be applied in order in accordance with the following criteria:
  – If one of the selected vouchers is enough to cover the entire duration of the parking period, that voucher will be applied. The other vouchers can be used on another occasion.
  – If there are no vouchers that fulfil the above condition, more than one voucher will be used. Order of application: The voucher with the longest duration will be applied first. This will be followed by the remaining vouchers, starting from the one with the shortest duration to the one with the longest duration, until the full parking period is covered.

SUBSCRIBER DISCOUNTS: Subscribers who have a 50% discount on per-minute parking in all other BSM car parks can now also use this discount through smou. The discount applies only to the vehicle in the subscription selected for entry with number plate recognition.

4.2.7. Rules of use of the car park

Accessing this establishment by vehicle or as a pedestrian implies acceptance of these rules.

• It is mandatory for vehicles to be parked within their parking place limits. Where a parked vehicle wholly or partially occupies a second parking place, BSM shall reserve the right to apply the current rate for occupying that second parking place.
• Parking is prohibited in places that are reserved or signposted by any means.
• Respect places intended for clients with reduced mobility.
• Delivery of the vehicle’s keys for storage shall not be accepted.
• The signs distributed throughout the car park must be followed, as well as instructions from service staff, which will prevail over any sign.
• Places may only be used for vehicle parking. Any other use is prohibited.
• The User shall be liable before the BSM and all other users for any damage or loss they cause for failure to comply with their duties or for their reckless driving of the vehicle inside the car park grounds (Art. 5(1) and 2 of Act 40/2002).
• Car park recommendations: Do not leave items on view inside the vehicle. Users have a free storage service at their disposal.

4.3. Terms and conditions of use of the Parking via app Service (third-party Car Parks)

Barcelona de Serveis Municipals, S.A. (hereinafter, “B:SM”) is the provider of the “smou” mobile application (hereinafter, the “Application”), under which users are offered the Parking via app Service to pay for per-minute parking and automated access to third-party Car Parks (hereinafter, the “Service”).

The terms and conditions governing this Service are structured as follows:

1. Access to the service
2. Activation of the service
3. Use of the Mobile Application
4. Prices and rates
5. Parking terms and conditions of the Service
6. Terms and conditions of use of parking vouchers and other discounts with the service
7. Rules of use of the car park

4.3.1. Access to the service

• The Service is as good as using a parking ticket machine in the traditional way, but works with smartphones that have an Internet data connection and a licence-plate reading system that is installed in car parks. 
• The Application, which can be downloaded for free, enables the User to pay to park their vehicle in a car park without the need to use a paper ticket or go in person to a parking ticket machine.
• Given that this is a payment system equivalent to the current one, the User of the Service may choose to use the mobile Application or to park in the traditional way, by collecting a paper ticket at the entrance and paying at the parking ticket machine before they leave.

4.3.2. Activation of the service

• To activate the licence-plate-reading ticket, the User will have to select which of the vehicles registered in the Application they wish to use this service for. 
• A Personal Account only allows for payments to be made for a single vehicle at any time. A Business Account allows several users to pay for parking at the same time, charged to the same account. Even so, each user may only park one vehicle at a time.

4.3.3. Use of the Mobile Application

• The rights and duties of a digital (paperless) ticket are the same as those of a paper ticket, with the digital ticket displayed by the Application acting as the supporting document. 

4.3.4. Prices and rates

• Users must pay the parking fee established in accordance with the rates in force at each Car Park according to the amount of time for which their vehicle remains in the car park and including any discounts that may apply.

4.3.5. Parking terms and conditions of the Service

• To initiate use of the Service, the User will have to drive their vehicle (whose licence-plate number is registered with smou) to the entry-barrier area, where there will be a camera installed for recognising licence plates. If the User has their automated-entry option activated for licence-plate reading, the barrier will rise, sparing the User the need to take a ticket. A virtual ticket will then be created stating the start date and time.
• To conclude the parking period, the User will simply have to drive their vehicle to the exit, and once the camera has read its licence plate, the barrier will rise. The ticket will then terminate and the amount corresponding to the parking period will be charged through the Application. This will be charged to the bank card associated with the User’s Account.
• At the start of the parking period, a check will be carried out to ensure that the registered card is valid. Where the payment transaction cannot be concluded for a reason attributable to the User, the User will have to complete their parking payment at the parking ticket machine or resolve the incident communicated before they leave.
• If the parking period termination operation cannot be completed for reasons attributable to BSM (e.g. lack of connection with servers), the User may leave as usual by opening the licence-plate-reading barrier and the digital ticket for parking will then finish and be paid for once the service is re-established. 
• The User is responsible for verifying whether the digital ticket was correctly allocated to their Account. The digital ticket is as good as a paper one for all intents and purposes, and acts as the legal supporting document for their parking.
• The user will receive a receipt on their mobile phone stating the start and end times of their parking period, the final price and the car park, which can be viewed on the application and the smou website: www.smou.cat. 

4.3.6. Terms and conditions of use of parking vouchers and other discounts with the service

The availability of parking vouchers and other Car Park discounts is subject to each Car Park’s own rules.

4.3.7. Rules of use of the car park

The rules of use of the Car Park shall be established by each individual Car Park.

4.4. Endolla Barcelona service terms and conditions of use

Barcelona de Serveis Municipals, S.A. (henceforth, BSM), is the provider of the Endolla Barcelona service for electronic vehicle charging (henceforth, the Service) through the “smou” mobile application (henceforth, the Application).
The terms and conditions governing the Service are structured under the following points:

1. Access to the service
2. Activation of the service
3. Use of the Mobile Application
4. Prices and rates
5. Terms and conditions of the Service
6. Charging points rules of use

4.4.1. Access to the service

• This Application, which can be downloaded for free, enables the User to activate the various municipal electric-vehicle charging points located on Barcelona’s streets and in the network of BSM car parks.
• A charging service can also be reserved 20 minutes in advance at points located on the street.

4.4.2. Activation of the service

• To use the service, the User must first be registered with smou and must then activate the Endolla service. An electric vehicle must also be registered and its category stated: car, motorbike, taxi, DUM (Urban Goods Distribution). In the case of Taxis or UFDs, users must contact them using the contact form on the www.endolla.barcelona website.
• A Personal Account only allows one single vehicle to use charging points at any time. A Business Account allows several users to charge several vehicles at the same time. Even so, each user may only charge one vehicle at a time.

4.4.3. Use of the Mobile Application

• Users will receive on their mobile phone a charging receipt stating the start and end times, the energy provided and the charging point, which can be viewed on the application and from the user area at www.smou.cat.

4.4.4. Prices and rates

• The User must pay the fee applicable for charging their vehicle in accordance with the BSM’s current rates, published at all times on the Application, depending on the energy provided and any discounts that may apply.

4.4.5. Terms and conditions of the Service

• To be able to book a point or start charging, the User must class at least one vehicle as an “electric vehicle”. It shall be mandatory for the User to class the vehicle type as a car or motorbike.
• To start charging, the User shall have to park the vehicle in the authorised place and select start charging. The Service will activate a QR code reader and the User will have to focus their mobile camera on the QR code installed at the point. Once identified, the point will be activated and the client will have sufficient time to plug in their vehicle. 
• As for points located on streets, where the User’s camera is not working properly or the code is in poor condition, the User may start charging by selecting the point on the map and activating the Start Charging button. The client’s location will be verified by GPS, but unless they are near the point, the charging service will not be activated.
• Use of the points located in the BSM Car Parks network shall require access with the vehicle (parking-related costs are not included in the Endolla service).
• There are four categories of charging points: car, motorbike, taxi and DUM (Urban Goods Distribution). A charging point may only be activated or reserved if a vehicle in the same category as the point is selected.
• To make a reservation, the User shall have to select the point they want on the map and then select the “reserve” option. Only points located on streets may be reserved, as this option is not available for points located in the BSM Car Parks Network. The User will have 20 minutes available to them to reach the point and start charging. Once the reservation period has lapsed, the point will become free and any other user will be able to use it. Reservations may not be linked together either. Once a reservation has been used up or cancelled, the Client shall have to wait for a specified period of time before they can make a new reservation.
• As for points on streets, the User is entitled to use an electric-charging place there for the period stated on the vertical sign.

4.4.6. Charging points rules of use

• The User undertakes to use charging point facilities correctly. Should the User breach this undertaking, BSM shall reserve the right to take any measures it deems fit against the User in response to their improper use of the facility, including claiming for payment of the facility’s repair costs, claiming for any loss or damage caused by the improper use, and the permanent cancellation of the User’s registration with the charging service.
• Places available for charging electric vehicles shall be used solely and exclusively for that purpose and within the maximum time limit established in the signage at the charge point.
• Should the place be used beyond the established maximum time limit, BSM reserves the right to take the necessary action to ensure its use for other Users.
• Improper use of places may be grounds for imposing a fine and/or having the vehicle removed by the municipal towing service with the corresponding expenses derived from this service.
• BSM shall not be responsible or liable for any issue that prevents the User from charging their vehicle, be it for technical reasons or acts of vandalism/antisocial behaviour.

 
4.5. Terms and conditions of use of the Bicing Service

Barcelona de Serveis Municipals, S.A. (henceforth, BSM) is the provider of the Bicing Service for individual bicycle transport known under the Bicing brand in Barcelona city (henceforth, the Service) through the “smou” mobile application (henceforth, the Application).
The terms and conditions governing the Service are structured under the following points:

1. Activation of the service
2. Use of the Mobile Application
3. Prices and rates
4. Rules of use of the Bicing service

4.5.1. Activation of the service

• To activate the Bicing service (i.e. to start the process of registering for the Bicing service), users must choose the appropriate rate, enter their personal details (age, gender), confirm that they have read the Terms and Conditions of the Service, and pay the applicable amount. If they wish to have the Bicing card sent to their home, they must also provide their address.
• Users who already had a Bicing subscription before this service was integrated with smou must start the process of linking their smou and Bicing accounts. During the process, they will be asked to provide the email address associated with the Bicing subscription, and their identity will be verified to finish linking the two accounts. Once the accounts have been linked, the Bicing subscription details will be available on the smou app under the same conditions.
• The Bicing service can only be activated for Personal accounts.

4.5.2. Use of the Mobile Application

• The rights and duties associated with journeys started with the mobile application are the same as those started with a paper card.

4.5.3. Prices and rates

• Users must pay the prices resulting from the application of the rates in force published on the Bicing website (www.bicing.barcelona), in accordance with the type of subscription and bicycle used and with the duration of the journey.

4.5.4. Rules of use of the Bicing service

4.5.4.1 Purpose of the contract

• The purpose of this agreement is to govern the use terms and conditions of the individual transport service by bicycle, known as Bicing, in the city of Barcelona.
• The Bicing transport service comprises the use of bicycles that belong to the service by users, in accordance with the use terms and conditions set out herein.

4.5.4.2 Area of use of the Bicing service

• The Bicing area of use is entirely limited to the urban area of the municipality of Barcelona, in accordance with what is set out in municipal byelaws. Cycling outside the stated area is strictly prohibited.

4.5.4.3 Requirements for registering as a user of the Bicing service

• Natural persons of legal age who sign this agreement and register as users by following the procedure set forth in this agreement may register as Bicing service users. Payment must be made with a bank card.
• Legal persons are strictly prohibited from registering as users of the service.
• Minors under the age of 18 but over the age of 16 may register as Bicing service users provided they submit the permission form available on the website or at Customer Service offices, duly filled in and signed by a parent or guardian, under which the parent or guardian accepts responsibility for the minor. In any event, the parent or guardian authorising the minor’s registration must submit a permission form, in accordance with the template on the website, to Bicing’s customer service office, authorising Bicing to charge service payments to the bank card they hold and designate for this purpose. Alongside this permission form, the parent or guardian must submit a photocopy of their own ID document (DNI/NIE). No registration shall be processed for minors under the age of 18 but over 16 until Bicing has received the duly signed documentation stated above.
• In order to avoid duplicate registrations, users are not allowed to register again unless they have cancelled their previous registration.

4.5.4.4 Renewal of the service: 

• With regard to service renewal, subscribers will receive an email 15 days before the end of their subscription informing them about their renewal. Subscribers have the option to voluntarily cancel their registration, in line with the procedure set out on the service website.
• Otherwise, it will be understood that users wish to renew their subscription, which will be processed automatically.

4.5.4.5. Subscription formats

• Users may select any of the subscription formats set out on the website.
• Where users select any format included on the website, they will be active for the period matching this format.
• For annual subscriptions, users will be active for the period of one year (the subscription validity period starts from the time of registration), except in the instances set out in this agreement referring to the application of measures foreseen in the event of non-compliance. 
• Users may not change formats during their current subscription and, therefore, must wait until the end of their subscription or cancel their registration and re-register to change format. 
• After this period ends, subscriptions are automatically renewed for the same period, in accordance with the selected subscription format.

4.5.4.6. Service registration cancellation

• Users may voluntarily cancel their registration by following the procedure set forth on the service website.
• In view of the claims submitted, Bicing may automatically cancel a user’s registration and adopt the measures contained in this agreement after carrying out the applicable non-compliance procedure. The service grants users a ten-day period to submit any argument they deem appropriate. After this period, and in accordance with the claim content, the service shall decide whether to process the automatic cancellation or not.
• Bicing will cancel a user’s account within 15 days if they fail to notify Bicing after the end of their current subscription period, in accordance with the established method and within the established deadline, of their wish to cancel their registration and they cancel the direct debit for the subscription fee. The stated period starts from the time Bicing becomes aware that the direct debit has been cancelled. In this instance, Bicing is not obliged to process any non-compliance procedure and may grant automatic service cancellation. In this way, any damage incurred in this period may be compensated.
• If the agreement comes to an end and is automatically renewed because the user has not expressly stated their wish to cancel in accordance with the stipulated conditions and advance notice requirement, and the user cancels the direct debit for the annual service fee, the agreement shall be deemed to remain in force until the owner of the service has been made aware of the direct debit cancellation. In this instance, and after verifying the latter, the service owner shall agree to adopt the measures set out for instances of very serious infringement and may process the definitive service cancellation. In this sense, users shall be obliged to compensate BSM for any damage incurred during this period with regard to their agreement.

4.5.4.7 Terms and conditions of use of the service

• Users have access to the bicycles in use in the service.
• The procedure for taking a bicycle out of its station is as follows:
  – Users wishing to take out a bicycle must correctly validate their card at the corresponding station or through their phone (app or NFC).
• When taking out a bicycle from the station where it is docked, users must check that all parts, specifically the brakes, lights and gears, are in perfect condition, that all its moving parts are securely held and that the seat can be adjusted to their own height. If, after making all the relevant checks, it is determined that the bicycle does not work properly, users must redock it at the same station and perform all the necessary checks to demonstrate that the bicycle has been properly returned to the service. In any event, users undertake to check that the relevant station’s display shows a message indicating that the bicycle has been correctly docked by swiping their card in the docking station terminal or check on the return made on the app that the bicycle has been correctly docked. If this message is not displayed, users must call the free breakdown number.
• In any event, users are responsible for the bicycle being properly returned to the service, in accordance with the stated procedure.
  – If, when taking out a bicycle, the user can see that any part of it is not working properly, they must return it to the docking station and take out a different one.
  – After taking out a bicycle from the corresponding docking station, users have the right to use it in accordance with the subscription formats and conditions set out on the website.
• Service hours and rates: The applicable service hours and rates are those published and in force on the website for each subscription format at any given time.
  – In any event, users must be shown the service subscription fee, the rates and the amount payable for any measures that may be adopted, as provided in this agreement.
  – The service provider may temporarily restrict the times and availability of Bicing stations due to restructuring, maintenance or other reasons.
  – Users authorise Bicing to use the implemented payment system to collect the fees incurred as a result of using the service, as well as the amount payable for any measures that may be adopted, in accordance with the rates in force shown on the service website and the provisions of this agreement.
• The procedure and terms and conditions for reserving a bicycle are as published on the website and in force for each subscription format at any given time.

4.5.4.8. Service supervisors

• The supervisors of the service are staff members authorised or assigned by BSM to provide assistance to users and ensure the proper operation of the service.
• These supervisors will be stationed at Bicing stations throughout the entire service area.
• Users may ask supervisors for help and advice on all the necessary procedures involved in using the service (taking out bicycles, correct docking, etc.).
• Users expressly acknowledge and accept the role of service supervisor.
• Users must collaborate with supervisors.
• Users agree to allow service supervisors to take photographs relating to the appropriate use of Bicing and in performing their duties.

4.5.4.9 Users’ rights

• The user rights stated below are expressly recognised, irrespective of any other right that may fall to users, under the current regulations.
• Users who complete the entire registration process are entitled to use the available bicycles in the system in accordance with current regulations and the terms and conditions of this agreement. In this regard, and in accordance with the provisions of this agreement, after correctly taking out a bicycle from its docking station, they may use it for up to two hours in accordance with their subscription format. Continued use of the same bicycle after the two hours stated will result in the adoption of the measures provided for in this agreement.
• Users are entitled to find the bicycles in the system fit for purpose in accordance with the provisions of this agreement.
• Request and receive information about the service.
• Make suggestions, claims and complaints by email, through the website, by post or in person at the service’s Customer Service office.
• Receive a response to their suggestions, claims and complaints within one month.
• Be informed of incidents in the service through the website or any other method.
• Receive compensation, where applicable, once they have proven that an accident took place as a result of a Bicing malfunction without any fault, negligence or malicious intent on the user’s part.
• Be informed of the rates and measures that may be adopted and, in the latter case, submit any arguments they may deem relevant.
• If Bicing mistakenly makes an undue charge, users are entitled to a refund of the amount charged within one month from the date of the service’s admission of its mistake.

4.5.4.10 Users’ specific obligations

In addition to applicable regulations in force, users must abide by the following specific obligations:

• Use the service and, particularly, the bicycles with maximum due diligence.
• Duly return the bicycle to the system if they spot that any element fails to work properly.
• Correctly dock the bicycle in the return station after using the service, and swipe their user cards at the station terminal or check the record in the app to ensure the bicycle has been docked correctly.
• Not allow anyone else to use their card or the data in the private area of the app.
• Only use bicycles to transport users.
• Only use bicycles in the urban area of the municipality of Barcelona.
• Accept the safekeeping and custody of bicycles from the time they are taken out of the station until they are correctly redocked in the system.
• Notify Bicing about any loss, theft or damage regarding their subscription card or mobile, accepting liability for use until the time of notification. 
• Notify Bicing about any incident that may occur in relation to the service during the period they are using it.
• In the event of a bicycle malfunctioning, users are obliged to dock it at the nearest station, as well as notify the service about the incident.
• Provide their user card to supervisors or show identification over the app to authorised or assigned BSM staff, or to authorities that require them to do so.
• Hand over the bicycle to supervisors, authorised or assigned BSM staff or the authorities, where the latter require them to do so in the performance of their duties.
• Notify of changes in their details that may occur with regard to their subscription, as well as a change of their bank card which Bicing uses to charge for the service.
• Comply with traffic regulations in force.
• Use the bike lanes where available on roads.
• Use bicycles properly and solely for personal transport.
• Accept responsibility for the correct use of bicycles, as well as their loss.
• When leaving bicycles, users must properly dock them at one of the working service stations. Where a station is full, they must travel to the next nearest station. In this instance, users have extra time, which will be set on the service website, to arrive at the next station and dock the bicycle. So as not to be charged for this extra time, users must follow the procedure set out on the service website.
• All Bicing users are strictly obliged to comply with the byelaw on pedestrian and vehicle traffic in the city of Barcelona, the byelaw on measures to promote and guarantee citizen coexistence in Barcelona’s public spaces, and the byelaw on the use of public streets and spaces in Barcelona, as well as any other that may replace them, when using the service. Specifically, Bicing users undertake to comply with current traffic regulations and, in particular, what is set out in Article 14 of the byelaw on pedestrian and vehicle traffic, the content of which is displayed on the service website.

4.5.4.11 Express prohibitions

In addition to the conducts set out in this agreement and the applicable regulations, Bicing users are expressly prohibited from the following:

• Using bicycles in areas that are not designed for circulation.
• Taking bicycles on any other means of transport.
• Partially or totally disassembling and manipulating bicycles, service stations or any of their parts.
• Using bicycles or stations for commercial purposes.
• Using the Bicing brand or logo without permission.
• Painting slogans, drawings or similar on bicycles or service stations, in accordance with what is specified in Article 21.1 of the byelaw on public streets and spaces in Barcelona, or any other regulation that may replace or amend it.
• Making any kind of graffiti, staining, doodling, writing, making an inscription or writing letters using any medium (such as ink, paint, organic matter or similar materials) or scratching the surface of the bicycle or the docking station used for the service, as provided in Articles 20 and 21 of the byelaw on measures to promote and guarantee citizen coexistence in Barcelona’s public spaces or any other provision that may replace or amend it.
• Using the bus lane to ride by bicycle.
• Riding on a single wheel, attaching themselves to other moving vehicles or using headphones connected to audio devices.
• Using their mobile phones when travelling by bicycle.
• Transporting other individuals, animals or large objects.
• Dumping or transferring use of bicycles when using the service, except in the event of force majeure.

4.5.4.12 Infringements and measures to be adopted

– Actions categorised as infringements: The following behaviours are considered infringements by users:

• Minor infringements:
  • Causing damage to bicycles or service stations for an amount of up to €60.
  • Causing damage to street furniture for an amount of up to €60.
  • Exceeding the bicycle return time by over two hours but under three hours.
  • Failing to notify Bicing about the loss, theft or misplacement of their card.
  • Failing to notify Bicing about a change in their personal details or bank card information which is used for service payment charges, in such a way that charging the current rates becomes problematic.
  • Where users perform one or several cancellations without bicycles being correctly docked and as a consequence of this, damage categorised as minor is caused to the Bicing service due to continued use of bicycles.
  • Where users accumulate three unused reservations within an annual subscription period.
  • Any non-compliance set out in applicable municipal byelaws or regulations deemed to be a minor infringement.
     
• Serious infringements:
  • Causing damage to bicycles or service stations for an amount above €60 but below €200.
  • Causing damage to street furniture for an amount above €60 but below €200.
  • Exceeding the bicycle return time by over two hours but under three hours.
  • The conduct set out in section f) and g) in clause eleven of this agreement.
  • Riding dangerously, in accordance with what is set out in Article 32.3 of the byelaw on measures to promote and guarantee citizen coexistence in Barcelona’s public spaces.
  • Acts of serious damage under Article 63.2 of the byelaw on measures to promote and guarantee citizen coexistence in Barcelona’s public spaces.
  • Any non-compliance set out in applicable municipal byelaws or regulations deemed to be a serious infringement.
  • Committing two minor infringements within a six-month period.
     
• Very serious infringements:
  • Transferring the subscription to a third party.
  • Dumping a bicycle.
  • Using bicycles in inappropriate areas.
  • Improperly using the Bicing brand or logo.
  • Totally or partially disassembling bicycles.
  • Circulating outside the area established in this agreement.
  • Failing to return a bicycle in over 24 hours.
  • Causing damage to bicycles or service stations for an amount above €200.
  • Causing damage to street furniture for an amount above €200.
  • Causing damage to third parties.
  • Failing to notify the service about incidents that arise during use of the bicycles.
  • Failing to return bicycles to the system.
  • Using bicycles or service stations for commercial or profit-making purposes.
  • Refusing to provide the card to service inspectors or authorities, where required to do so.
  • Taking bicycles onto public or private transport.
  • Where users perform one or several cancellations without bicycles being correctly docked and as a consequence of this, damage categorised as very serious is caused to the Bicing service due to continued use of bicycles.
  • Acts of serious damage under Article 63.1 of the byelaw on measures to promote and guarantee citizen coexistence in Barcelona’s public spaces.
  • Failing to pay the corresponding fee, rates or penalties.
  • Providing Bicing with false details regarding subscriptions.
  • Behaving in any of the ways expressly set out in clause eleven of this agreement.
  • Any non-compliance set out in applicable municipal byelaws or regulations deemed to be a very serious infringement.
  • Committing two serious infringements within a six-month period.
     
• Measures to be adopted in the event of infringements: If any of the aforementioned infringements are committed, the following measures shall be adopted. This is without prejudice to any criminal or administrative liability that may arise as a result of the user’s actions.
• Measures to be adopted in the event of minor infringements: If a user commits an infringement categorised as minor, the service provider may adopt the following measures:
  • As a precautionary measure, users shall be blocked for a maximum of one month. This involves suspension of user status, which entails a ban from using the system, and payment for any damage caused, where applicable.
  • Payment of penalty amounts for exceeding use periods or non-compliance as published on the website.
  • In the event of bicycle reservations made but unused, this feature will be blocked for users as a precautionary measure for a maximum one-month period. 
     
• Measures to be adopted in the event of serious infringements: If a user commits an infringement categorised as serious, the service provider may adopt the following measures:
  • As a precautionary measure, users shall be blocked for a period of no less than one month and no more than six months, or what remains of their subscription period if this is less than the latter. This involves suspension of user status, which entails a ban from using the system, and payment for any damage caused, where applicable.
  • Payment of penalty amounts where measures are adopted for exceeding use periods or non-compliance, as published on the website.
     
• Measures to be adopted in the event of very serious infringements: If a user commits an infringement categorised as very serious, the service provider may adopt the following measures:
  • In all instances and as a precautionary measure, users shall be blocked for no less than six and no more than nine months, or for the time remaining on their subscription, where less than the latter.
  • Permanent cancellation of the service.
  • Payment of penalty amounts where measures are adopted for exceeding use periods or non-compliance, as published on the website. The suspension of user status in the stated instances does not involve the suspension of the agreement validity period.

– In all cases, and in addition to the measures specified above, Bicing may seek compensation for any loss or damage caused by the user, as well as initiate any claim proceedings it may deem appropriate in the applicable jurisdiction.

• Non-compliance process: 
  • If the service manager detects an incident through the relevant IT methods or as a result of the work of supervisors or authorities, or if a breach of the obligations of this agreement or of the applicable byelaws and regulations is detected, a non-compliance process shall be initiated.
  • Users shall be notified about its processing and granted a ten-day deadline to submit any arguments they deem relevant.
  • The service manager must settle the matter and adopt the corresponding measures, where applicable, in consideration of the submitted arguments.
  • Users shall be notified about this decision.
  • If a non-compliance process is initiated following a complaint from an authority and a final judgement has been handed down in the prior criminal or administrative proceedings, Bicing must adopt the envisaged non-compliance measure directly, as the fact has been proven.
  • If a provisional rather than a final judgment has been handed down in the prior criminal or administrative proceedings, Bicing shall maintain the non-compliance process on hold until it has been informed of the final decision. In any event, it may apply a user block as a precautionary measure.

4.5.4.13 Applicable law and arbitration

• This contract is of a private nature.
• Its interpretation is subject to the applicable civil regulations, as well as expressly subject to the byelaw on pedestrian and vehicle traffic, the byelaw on measures to promote and guarantee citizen coexistence in Barcelona’s public spaces and the byelaw on the use of public streets and spaces in Barcelona.
• Any disputes that may arise in relation to its application, performance or interpretation must be submitted to the arbitration procedure established by the Barcelona Consumer Arbitration Board, the Catalan Arbitration Board, the Transport Arbitration Board or the Barcelona Arbitration Tribunal.

4.6. Terms and conditions of use of the towing alert service

If this feature is available, BSM will inform users if their vehicles have been towed.
This feature includes an alert notifying users that a vehicle has been moved in the public thoroughfare or taken to a vehicle pound (equivalent to the physical triangle notification) for users registered with smou who have a registered vehicle and wish to receive such alerts. This service is only available in relation to towing services (movement of vehicles and towing to vehicle pounds) in the municipality of Barcelona and for vehicles with a Spanish number plate. It is a free and optional service. Alerts will only be given if the user has expressly consented. Users are still required to obtain the vehicle owner’s consent.

4.6.1. Alert activation

In order to use the service, you must be registered with smou and have consented to receiving towing service notifications in the vehicle settings (“Menu – My vehicles”). The vehicle owner’s DNI (ID) number will be requested to make sure that it matches that of the vehicle owner registered with the DGT (Department of Traffic). The user declares under their responsibility that they have been authorised to activate this service by the vehicle owner.

4.6.2. Use of the Mobile Application

• Users who have alerts enabled for any of the vehicles registered with smou will be informed if their vehicle has been moved by the towing service, whether it was only moved somewhere else on the public thoroughfare or it was towed due to a parking violation. The content of the notification is for information purposes only and does not replace any of the Barcelona municipal towing service’s standard administrative notifications.
• The alert will be given by the app as a push notification, and an email will also be sent to the user. The alert also provides a way for users to pay online (where applicable).
• Users can disable towing service alerts at any time from the app’s vehicle settings (“Menu – My vehicles”).

4.7 Terms and conditions of use of the Barcelona Residents service

The User will receive a ticket on their mobile stating their parking place’s start time, stop time, rate and regulated time.
The general terms and conditions of the Service for the use of the BSM mobile parking applications can be found and downloaded from the relevant app and the AREA website.

Terms and conditions of use of all the mobile parking applications for parking managed by BSM

Barcelona de Serveis Municipals, S.A. (hereinafter, “BSM”) provides the services available on the BSM mobile parking applications for parking in the Barcelona AREA (henceforth, the Service).
1) Access to the service
2) Use of mobile applications. Parking
3) Prices and rates
4) Parking terms and conditions of the Service
5) Conditions for cancelling digital ticket parking infringement notices
6) Payment conditions
 

4.7.1. Access to the service

   4.7.1.1. The Service, which is based on the use of smartphones with a data connection to the internet and a GPS system, is a service for obtaining digital tickets implemented by Barcelona City Council. This free Service enables Users to pay the fees for parking their vehicles in the applicable areas of Barcelona city.
   4.7.1.2. In order to park in the parking spaces covered by Barcelona’s regulated parking system (henceforth, the AREA), whether subject to a fee or otherwise, users must first obtain a voucher issued by the City Council. In order to do so, they may have to provide the vehicle’s number plate, either at the parking meter or using any of the other methods provided by Barcelona City Council.

   4.7.1.3. The Service requires the use of compatible smartphones and other devices and the installation of mobile applications for internet access (subject to the connection rates applied by the user’s provider, for which BSM shall not be responsible or liable). Software updates may be required in order to make a proper use of the Service. For this reason, BSM may require users to install and always use, at the user’s expense, the latest version of the mobile applications.
   4.7.1.4. In order to use the Service, users must register and open an account for the Service in the relevant application. They must expressly accept the Service’s terms and conditions of use and its privacy policy.

4.7.2. Use of mobile applications. Parking

   4.7.2.1. Users may configure the mobile Applications to receive notifications and alerts relating to their current parking.
   4.7.2.2. In spite of having been enabled on their device, these alerts may not be received by a Mobile User for reasons not attributable to BSM (such as lack of connectivity, low battery, etc.), and BSM shall incur no liability as a result.
   4.7.2.3. Users of the Service may obtain a digital ticket through the mobile applications for the AREA after downloading the relevant phone application onto a compatible smartphone, configuring it appropriately and enabling the feature for starting the parking period.
   4.7.2.4. Digital tickets confer on their holders the same rights and duties as tickets obtained by any of the methods put in place by Barcelona City Council for the use of regulated parking spaces.
   4.7.2.5. Users of the Service may obtain and, where applicable, pay for, valid digital tickets for parking in the regulated parking spaces that may be available in the city. BSM reserves the right to change the scope of application of the digital parking ticket and/or digital parking permit that can be accessed through the AREA website. In such cases, BSM shall notify users of the new scope of application.
   4.7.2.6. As shown in each mobile application’s instructions and FAQs, the sensors and geolocation features of the user’s smart device must be enabled to carry out certain parking operations.

4.7.3. Prices and rates

   4.7.3.1. The mobile Applications are completely free to download, register with, use and maintain. They can be downloaded through the official mobile application app stores for compatible smartphone operating systems. BSM reserves the right to modify these financial conditions at any time, with prior notice, and they shall take effect from that date.
   4.7.3.2. Users shall pay the parking fee according to the current rates set forth in Barcelona City Council’s byelaws for each zone in the AREA, in accordance with the terms and conditions of use established by the byelaw for each parking place.

4.7.4. Parking terms and conditions of the Service

   4.7.4.1. Users must park in accordance with the instructions and FAQs provided in the relevant car park’s mobile/web application, which are mandatory for users.
   4.7.4.2. Although the mobile applications for the AREA include features to help Users select their parking conditions, users are ultimately responsible for the parking conditions indicated in their parking request, such as type of zone, time conditions and maximum time.
   4.7.4.3. Any error committed by a user in the parking operation conditions indicated by them may give rise to the fines established in the current legislation. Digital tickets are equivalent to paper tickets for all purposes as proof of authorisation to occupy a parking place.
   4.7.4.4. A digital ticket does not release the User of the Service from complying with the time limits of the parking place occupied by them. if the use of the parking place has expired or the maximum time limit has been exceeded, the user may be subject to a fine in the same way as with tickets obtained in any of the ways provided by the City Council for parking in the city’s regulated spaces.
   4.7.4.5. Where applicable, acceptance of the parking request shall be subject to prior authorisation by the user’s bank for an amount equivalent to the maximum time limit for using the requested parking place in accordance with the applicable rate and time limit. Otherwise, the parking request will be refused and the User will be informed.
   4.7.4.6. Users are responsible for verifying whether their parking request has been accepted or refused. If the request is refused, the user will receive a notification on their device. Confirmation of the request’s acceptance will be displayed as the Application will start to calculate the parking time.
   4.7.4.7. The inability to see information on the digital ticket currently in use or receive alerts about it on mobile Applications does not exempt users from their obligations concerning the regulated parking place. This includes any technical incident or cause outside the control of Barcelona de Serveis Municipals that is attributable to the mobile device (state, configuration, battery, malfunction, etc.) or to the telecommunications channels or operators involved.
   4.7.4.8. Users are fully responsible for keeping their own mobile phone in good condition and with sufficient battery power to ensure that they can finalise the parking tickets started by them in start/stop mode in those operations in which this is required. However, if this does happen, Users may use any other compatible mobile device to download the mobile applications for the AREA, log in and report the end of the current parking operation.
   4.7.4.9. BSM shall not be responsible for the additional parking time users must pay for due to not notifying the end of an open start/stop mode parking operation due to causes not attributable to the service. These include all of those causes related to the device (no battery, not working, etc.) and those related to internet communication channels (no mobile network, no Wi-Fi network, etc.)
   4.7.4.10. Users will receive a ticket on their mobile phone stating the start and end times of their parking, the regulated parking times and the rate if applicable.
   4.7.4.11. The misuse or incorrect or inappropriate use of the mobile payment application, or the falsification of data, may result in the application being blocked.

4.7.5. Conditions for cancelling digital ticket parking infringement notices

BSM provides Users of the Service whose vehicle has been issued with a parking infringement notice with a system to pay to cancel certain digital ticket parking infringement notices through the mobile applications, as provided in each mobile application’s instructions and FAQs.
   4.7.5.1. In addition, and under any circumstances, Users of the Service may also use a parking meter to pay and cancel a parking infringement notice relating to a parking operation carried out using the service.
   4.7.5.2. The identity of the user who has been issued with the parking infringement notice will be established as provided in the applicable regulations. If so stated by them, the person reported shall be the owner of the vehicle and not the user of the Service who has parked it using the BSM mobile applications.

4.7.6. Payment conditions

   4.7.6.1. Users must pay for the Service using the payment methods registered with it. After receiving a parking request, BSM will charge the applicable amount using the registered payment method.
   4.7.6.2. Users may only change the payment method registered in their account if there are no current parking operations or outstanding payments under the payment method active at that time.
   4.7.6.3. The user of the service undertakes to provide reliable information and report any changes to the payment, personal or contact details on their service account.

4.8 TERMS AND CONDITIONS OF USE OF THE TAXI SERVICE

Ecotaxi Barcelona, S.L. (henceforth, Taxi Ecològic) is the provider of the Taxi Service for booking and paying for taxi journeys (henceforth, the Service).
The terms and conditions governing the Service are structured under the following points:
1) Access to the service
2) Activation of the service
3) Use of the Mobile Application
4) Prices and rates
5) Terms and conditions of the Service

4.8.1. Access to the service

– This application, which is free to download, enables users to book and pay for the Taxi service for journeys within the Barcelona Metropolitan Area. 

4.8.2. Activation of the service

– To use the service, users must be registered with smou and activate the Taxi service.
– Personal Accounts only allow for Taxi service payments to be made for a single vehicle at a time. Business Accounts allow several users to pay at the same time using the card registered by the account administrator. 

4.8.3. Use of the Mobile Application

– Users will receive on their mobile phone a receipt for the journey stating the start and end times, origin, destination and rate applied, which can be viewed from the application and from the user area at www.smou.cat.

4.8.4. Prices and rates

– Users shall pay the fare for the journey in accordance with Taxi Ecològic’s current rates.

4.8.5. Terms and conditions of the Service

– To start using the service, users must have the GPS locator enabled on their device, choose the starting point, destination and rate and confirm the booking. 
– In general terms, users can choose to pay based on the meter or as a fixed price. This latter option may be disabled in some cases.
– Users can also choose to schedule the journey in advance or book for someone else by providing their name and telephone number.
– Users can cancel the booking at any time before the start of the journey to their destination.
– The amount payable for cancellations will vary depending on the rate chosen and the state when the cancellation is made, in accordance with Taxi Ecològic’s current rates.

4.8.6. Exemption from liability

ECOTAXI BARCELONA, S.L. makes taxi service bookings but does not itself provide the actual transport service. ECOTAXI BARCELONA, S.L. is therefore expressly released from any liability that may arise from the interaction between users and the taxi drivers or radio taxi companies that provide the taxi service. For example without limitation, ECOTAXI BARCELONA, S.L. is released from any liability for claims relating to:
Failure by a taxi driver to arrive and pick up a user. Late arrival to pick up a user, regardless of the reason. Poor service by a taxi driver due to inappropriate conduct, disrespectful behaviour, intoxication or any other reasons. The use of verbal or physical violence by a taxi driver towards a user and/or vice versa.

5. TERMS AND CONDITIONS OF USE OF SERVICES PROVIDED BY THIRD PARTIES OTHER THAN BSM

• The smou Application includes content and services provided by third parties and/or links to third-party services, websites and resources.
• In order to hire third-party services (mobility services offered by the various providers), users must register with them individually. Smou provides access to registration with the various providers available through the Application, taking the User to the provider’s own application.
• BSM/ITM accepts no responsibility or liability for the provision of mobility services rendered by the various providers or for any incidents that may arise from those services. The providers are responsible for managing and resolving any eventual incidents, queries, complaints, etc. relating to their own services. 
• BSM/ITM is not responsible for their availability, functioning, accuracy, adherence to third-party policies or legality. The user shall be exclusively liable for and assume all the risks arising from the use of such third-party websites, services or resources.
• Users are responsible for accepting the conditions of use inherent in each of the third-party services that they wish to use.