General Contract Terms and Conditions

Version 2.6 of 17/03/2026

                                                                                   AGREEMENT

BETWEEN:

The customer, registered as a company through the online registration module on www.olympus-mobility.be or via the Olympus app, lawfully represented by the Applicant;

Hereinafter referred to as: ‘the Customer’

AND

OLYMPUS MOBILITY NV, with registered office at 1000 Brussels, Theresianenstraat 7 A, 1000 Brussels, company number 0638.809.930, lawfully represented by Mr Koen Van De Putte in his capacity as managing director;

Hereinafter referred to as: “Olympus Mobility”

IT IS AGREED AS FOLLOWS:

article 1 : Definitions

For the purposes of these General Contract Terms and Conditions and all Agreements based on them, the following definitions shall apply:

Agent

The entity through which the Customer was referred to Olympus Mobility.

Agreement

The Agreement that is formed upon acceptance of these General Contract Terms and Conditions.

App-only Customers

The party (e.g. a single-member company) that uses Olympus Mobility and does so exclusively through the Olympus app.

Unless otherwise stated in these General Contract Terms and Conditions, App-only Customers are also included under the term ‘Customers’.

Company Budget

Overall budget for the purchase of Mobility Services at customer level. This Company Budget is to be distributed among Employees.

Customer

The party that offers Mobility Services to a User and makes use of the OSP and the Olympus app for that purpose.

Employee

The natural person / entity who is linked to the Customer as an employee or self-employed service provider and to whom the Customer may grant a right of use to the OSP and/or the Olympus app in order to use the Mobility Services.

Employee Budget

Budget at the level of the individual Employee for the purchase of Mobility Services, provided by the Customer to which the Employee is linked.

Family Members

Users who have been regularly authorized by existing Users to make use of their mobility budget or private budget in the Olympus app and to purchase Mobility Services.

Mobility Resource Provider (MRP)

The party that offers Mobility Services on the market and with which Olympus Mobility has a contractual relationship in order to offer those Mobility Services.

Mobility Service

A good or service relating to mobility, offered through the OSP and provided by an MRP, which may consist of:

  • public transport tickets;
  • parking services;
  • rental or lending of means of transport;
  • use of charging infrastructure;
  • purchase of fuel; or
  • other goods or services related to mobility that Olympus Mobility may choose to add.

Depending on the Customer’s choices, certain services may or may not be offered to Users. This choice is indicated through the OSP / the Olympus app.

Olympus app

The mobile app developed by Olympus Mobility that allows the User and the App-only Customer to access the range of Mobility Services.

Olympus Open Service Platform (OSP)

The software system developed by Olympus Mobility that operates as a “broker” between MRPs, Customers, Users and Olympus Mobility itself, and that allows product packages, authorizations and usage limits for Mobility Services to be configured at group and individual level.

The OSP makes it possible to link different Mobility Services for persons and to develop and offer networked Mobility Services involving more than one mode of transport within the framework of sustainable mobility.

App-only Customers do not have access to the OSP.

Private Budget

A budget personally loaded by a User for the purchase of Mobility Services, under the User’s own responsibility and in a direct contractual relationship with Olympus Mobility, subject to acceptance of the General Contract Terms and Conditions in the Olympus app.

Railease Pass

A twenty-day pass from NMBS/SNCB NV. This pass is available at a discounted rate only to Users with a company car.

Token

A physical item that may grant a User access to certain Mobility Services and that is issued by third parties and falls under the responsibility of third parties, whether or not an MRP (e.g. fuel card / MOBIB card).

User

The natural person who uses a Mobility Service offered by Olympus Mobility.

Support costs

Support costs are costs for support that go beyond the usual support for problems or clarifications (for example, a request to export an additional custom report from the database, organizing extra information sessions for staff, etc.).

article 2: Preliminary provisions

Services offered

Olympus Mobility makes the use of the OSP and/or the Olympus app available to the Customer and thereby grants access to a number of Mobility Services.

The offer of Mobility Services can be found on our website, in the Olympus app and through the OSP.

The offer is subject to change: Olympus Mobility undertakes its best efforts to expand the offer.

Amendments

These General Contract Terms and Conditions may be supplemented and amended unilaterally by Olympus Mobility.

The Customer shall always be informed thereof at least fifteen (15) calendar days in advance and shall have the possibility to terminate the Agreement (free of charge and without notice period) if it cannot agree to such amendment or supplement.

article 3: Conclusion of the Agreement

Customers other than App-only Customers

The Applicant completes the application form on the website on behalf of the Customer, which constitutes a request to conclude the Agreement.

This Agreement is only concluded when Olympus Mobility confirms the conclusion of the Agreement and communicates that confirmation to the Customer.

The date of that acceptance shall be deemed the start date of this Agreement.

App-only Customers

App-only Customers go through the onboarding flow in the Olympus app and accept the General Contract Terms and Conditions during that process.

article 4: Scope

These General Contract Terms and Conditions apply to all Customers.

Where a provision applies only to one of the two categories, this will be clearly indicated.

article 5: Duration, termination and dissolution of the Agreement

Duration

This Agreement is entered into for an indefinite period.

The date of acceptance by Olympus Mobility shall be deemed the start date of this Agreement.

Termination of the Agreement

Customers other than App-only Customers

This Agreement may be terminated by either party using the termination function in the OSP with a notice period of one month starting on the date the termination notice is sent.

App-only Customers

This Agreement may be terminated by either party using the termination function in the Olympus app, with a notice period of one month starting on the date the termination notice is sent.

Extrajudicial dissolution

This Agreement may be dissolved by either party by registered letter in the event of a serious failure by the other party to perform its contractual obligations, provided that such failure is not remedied within seven (7) days after formal notice by registered letter.

Serious failure to perform contractual obligations shall in any case include late payment of invoices by the Customer after at least two (2) payment reminders.

In such case, Olympus Mobility reserves the right to suspend its services to the Customer, whether temporarily or otherwise, in whole or in part, with immediate effect in the event of (i) abuse or fraud involving the OSP, the Olympus app, Tokens or Mobility Services by the Customer or one of its Users and any related Family Members, and (ii) bankruptcy, judicial reorganization or serious indications of insolvency.

article 6: Commencement of the Agreement

Customers other than App-only Customers

Upon conclusion of the Agreement, the Customer itself and the Employees designated by it shall receive a non-transferable right to use and access the OSP and the Olympus app, in accordance with the modalities set out in this Agreement. Such use shall take place under the exclusive and full responsibility of the Customer.

The Customer determines which of its Employees becomes a User and shall provide Olympus Mobility with the requested data relating to those Users.

The User shall then be granted access to the Olympus app.

It is the Customer’s responsibility to immediately report any changes to the list of Users in the OSP or in the Olympus app.

App-only Customers

For App-only Customers, the registrant is automatically set up as the User in the system.

Such use shall take place under the exclusive and full responsibility of the Customer.

article 7: Conditions for Users; (product) conditions of the Mobility Services

General

A User’s use of Mobility Services implies acceptance of the specific conditions of the companies offering those services, as communicated by those companies, including on their website, and to which reference is made in the General Terms and Conditions of the Olympus app.

The Customer acknowledges that MRPs may at any time unilaterally change their offer and conditions without Olympus Mobility having any say in this. This includes, among other things:

  • their General Terms and Conditions;
  • their rates and pricing structure;
  • any internal rules or other more specific regulations governing the use of the Mobility Service;
  • the offer and the manner in which the Mobility Services are performed.

The Customer knows and accepts that such amendments become immediately applicable to this Agreement. It is not required for Olympus Mobility to expressly notify the Customer or the Users of such amendments: the fact that the amendment is made public by the MRP itself, in whatever manner, shall suffice as notice.

Amendments to the MRP’s general terms and conditions shall become immediately binding on the Users; they declare their acceptance by continuing to use the Mobility Services or merely by ordering them after any amendments to such general terms and conditions.

Q8 fuel

This section only applies where the Customer indicates in the OSP that it applies.

The purchase of fuels from Q8 is governed by the VAB General Terms and Conditions for Mobile Refuelling, attached as an annex.

Olympus Mobility sells the fuel in its own name but on behalf of VAB NV. Payment to Olympus Mobility shall validly discharge the debt.

Railease Pass

A Railease pass is a 20-day NMBS/SNCB pass at a discounted rate available only to Users with a company car. Special terms and conditions apply to the use of the Railease pass, namely the “Railease Product Terms”, which must also be accepted in the Olympus app by the User / App-only Customer before use is possible.

These conditions also apply to the Customer, in particular in the sense that the Customer may only provide this to employees to whom it provides a company car.

article 8: Security deposit

Before Mobility Services can be used, the Customer shall transfer a Security Deposit to Olympus Mobility.

The amount of the Security Deposit is the maximum amount of Mobility Services outstanding by the Customer.

At the start of the Agreement, Olympus Mobility proposes an amount based on the use intended by the Customer. The Customer makes the final decision on the specific amount.

The Customer may increase and top up the Security Deposit in order to increase the usage limit. The Customer may also reduce the Security Deposit in order to lower the usage limit, after which Olympus Mobility will reimburse the relevant amount. This reimbursement shall take place no later than at the end of the second month following the month in which the Customer reduces the Security Deposit. Olympus Mobility is only obliged to reimburse provided there is no outstanding debt owed by the Customer to Olympus Mobility.

The Security Deposit serves to cover the credit risk assumed by Olympus Mobility. In that sense, Olympus Mobility may freely use the Security Deposit to pay for Mobility Services and other costs incurred by the Customer or under its responsibility.

The Security Deposit shall be reimbursed to the Customer at the end of the second month following the month in which this Agreement ends. Olympus Mobility is only obliged to reimburse provided there is no outstanding debt owed by the Customer to Olympus Mobility. No interest shall be due on it.

Any reimbursement by Olympus Mobility shall not imply a waiver by Olympus Mobility of any claim whatsoever against the Customer, including claims already known.

In the event of a dispute regarding amounts due, Olympus Mobility undertakes to retain the disputed part of the Security Deposit and to reimburse the undisputed part within the stated period.

article 9 : Fees

Set-up fee

By accepting these General Contract Terms and Conditions, the Customer undertakes to pay the set-up fees, where applicable.

The amounts of these set-up fees are stated on the following websites:

These set-up fees must be paid within thirty (30) days after the date of acceptance of these General Contract Terms and Conditions.

Rates

The rates for the various formulas are stated on the Olympus Mobility website:

All amounts are exclusive of VAT.

The rates are indexed annually on 1 October according to the following formula (based on Article 57 §2 of the Act of 30 March 1976):

P1 = P0 * (0.2 + (L1/L0) * 0.8)

Where:

P1 = new rate from 1 October

P0 = base rate on 1 October of the year prior to the indexation (year - 1)

L1 = wage index of conventional wages in the information and communication sector (Nacebel sector: J) as published by the Belgian FOD WASO, namely that of the third quarter of the year of the indexation

L0 = the same wage index of the third quarter of the year before the indexation (year - 1)

The indexation shall take place automatically.

In addition, Olympus Mobility reserves the right to adjust its rates in line with the evolution of other factors such as the scope of the services offered and operating costs. Any adjustment (other than the indexation described above) shall be communicated to the Customer in advance, and the Customer shall have the right to terminate the Agreement free of charge while retaining the existing rate during the notice period.

Customers other than App-only Customers

Amounts charged per month per User are due for each started month in which the person concerned qualifies as a User. 
A reduction in the number of Users per Customer only results in a reduction of the monthly amount from the month following the month in which the reduction was implemented.

App-only Customers

The following applies to amounts charged per year per User:

  • For the first User of a Customer, the annual amount is due in full without any possibility of reimbursement in the event of a reduction in the number of Users or termination of the Agreement;
  • For all subsequent Users, if the number of Users is reduced or if the Agreement is terminated during the year already invoiced, the corresponding amount for each remaining month after the month in which the reduction was notified or in which the Agreement ended shall be credited. Amounts credited in this way shall in principle be set off against future sums owed by the Customer and shall only be reimbursed if no future sums can still become due from the Customer.

Olympus Refundr terms

These are administrative costs for the control and processing of reimbursements of purchases made outside the OSP under the statutory Mobility Budget (control performed by MMBB).

The fees are stated on the following webpages:

Each purchase is defined in the app as a reimbursement request. Only one proof of payment is allowed per request.

The processing costs for reimbursement requests may be revised each year at the start of the calendar year subject to a notice period of three months, or at any time if a legal change makes this mandatory.

The processing costs apply both to approved and rejected requests.

The reimbursement request must be linked to the statutory Mobility Budget. The review is based on the legal framework and, where necessary, on company policy (home allowances, exceptions, etc.).

Rates may change depending on legislation relating to the Mobility Budget.

The standard supported languages are Dutch, French and English, but all EU languages are also supported for tickets outside accommodation.

Consultancy

At the Customer’s request, Olympus Mobility provides consultancy services at rates to be obtained and agreed upon upon request.

article 10: Invoicing

General

Olympus Mobility invoices after each month:

  • the Mobility Services;
  • the periodic amounts due per User; and
  • any support costs.

A quotation for support costs is always prepared in advance.
Invoicing in another manner (e.g. via the Customer’s own invoicing portal) is only possible after consultation. In such case, an additional charge of 35,00 EUR / month shall apply.

The Customer’s payment obligation towards Olympus Mobility is non-transferable. The Customer itself is responsible for the solvency of its Users and non-payment or delayed payment by the latter can in no event justify late payment by the Customer, nor may Olympus Mobility suffer any disadvantage as a result.

Customers may have their invoice paid by SEPA B2B European Direct Debit. A pre-notification period of three (3) business days applies.

Payment term

Customers other than App-only Customers

A payment term of thirty (30) calendar days after the invoice date applies.

If these payment terms are exceeded, default interest at a rate of 1% per started month and lump-sum compensation for collection costs amounting to 10% of the overdue sum shall be due by operation of law and without any prior notice of default being required.

App-only Customers

App-only Customers benefit from a payment term of fifteen (15) calendar days after the invoice date.

Disputes

In principle, all invoices are automatically deemed accepted for payment. Any disputes must be handled and settled separately and do not entitle the Customer to withhold full payment.

If the transactions on an invoice are disputed, Olympus Mobility must be notified thereof in writing no later than twenty (20) calendar days after the invoice date, to the attention of customer accounting. The notice must set out the subject of the dispute and include copies of any supporting documents.

The parties undertake, on that basis, to negotiate in good faith and on the basis of supporting documents to be presented to one another concerning the merits of the dispute, and this within a period of thirty (30) calendar days following the date of the dispute.

If agreement is reached regarding the dispute, Olympus Mobility shall, where appropriate, issue a credit note or adjusted invoice within two (2) weeks following such agreement.

Right of suspension in case of non-payment

In the event of non-payment or incomplete payment of an undisputed invoice twenty (20) days after a reminder, Olympus Mobility shall have the right, after notification, to suspend all its services, without such suspension:

  • entitling the Customer to any compensation whatsoever
  • suspending the Customer’s ongoing payment obligations and billable periods, which shall continue without interruption.

article 11: Olympus app

General provisions

This app has been developed for the iOS and Android operating systems.

Efforts are made to ensure that it can be used with the most recent versions of these operating systems, without any guarantees being given in this respect, nor regarding continued support of older versions. The hardware requirements for the use of this app may vary depending on the development of the software.

The General Terms and Conditions of the Olympus app, to be approved in the Olympus app by the App-only Customer / User, apply to App-only Customers / Users. They refer to the websites of the MRPs where their General Terms and Conditions can be found, which are likewise deemed known and accepted by acceptance of the General Terms and Conditions of the Olympus app and, where applicable, by the use of the Olympus app and the Mobility Services.

Before allowing Employees to use the Olympus app and/or the Mobility Services, the Customer must obtain their express written consent to these conditions.

Terms

The General Terms and Conditions of the Olympus app form an integral part of this Agreement and can be consulted via the following link: https://www.olympus-mobility.be/nl/algemene-voorwaarden-olympus-app.

The Customer declares that it has taken note thereof and accepts them.

Access elements

Olympus Mobility makes the Olympus app available via the Apple Store and Google Play Store.

The Olympus app will—whether or not in combination with one or more Tokens—grant access to the Mobility Services.

The Customer is responsible, via the secure web interface made available to it in the OSP or via the Company Module in the Olympus app, for granting Users access to the Olympus app, and shall amend their data where necessary and remove them immediately when the Customer wishes to terminate their right to use the Mobility Services and the Olympus app.

Olympus Mobility makes Users’ access to the Olympus app conditional upon the User’s acceptance of the General Terms and Conditions of the Olympus app.

article 12: Budget management

The Olympus Mobility system allows Customers to manage budgets, with usage limits configurable by the Customer per User or group of Users.

The following categories exist:

  • Real-time access or ticket with a price known in advance and no possibility of additional costs afterwards.

Budget control is carried out before the ticket is purchased and checks whether enough budget is available for the purchase.

Example: train ticket, De Lijn ticket.

  • Real-time access or ticket with a price known in advance and possible additional cost afterwards.

Budget control is carried out before the ticket is purchased and checks whether enough budget is available for the purchase. However, it is possible that an extra cost is generated after the ticket has been used.

Examples: Blue-bike used longer than permitted (24h) or damage to the bicycle; Velo used longer than permitted (> 30 min per ride) or damage to the bicycle.

  • Real-time access or tickets without a price known in advance.

Budget control is carried out before the ticket is purchased and checks whether there is a positive budget. Example: B-parking.

  • Access without budget control.

There is no prior budget control because the order takes place outside the Olympus system.

The amounts spent are charged afterwards.

Partly for that reason, Olympus Mobility does not guarantee that the budget limit cannot be exceeded, and such an exceedance cannot in itself be a reason for not having to pay the amounts concerned.

article 13 : Family Members

Users may invite other natural persons (not legal entities) to purchase Mobility Services via the Olympus app using their Mobility Budget or Private Budget.

The User so invited is a Family Member linked to the User who granted access.

The Family Member will receive a login by email and a PIN number by text message for access to the Olympus app, must approve the General Terms and Conditions of the Olympus app, and may then purchase Mobility Services using the Mobility Budget or Private Budget of the User who granted access.

article 14 : Communication

Helpdesk by email

Olympus Mobility provides a contact option by email at support@olympus-mobility.com and via the Olympus app.

Messages

Olympus Mobility has the right to make announcements to or communicate with Users in the context of its operations.

article 15 : Liability of Olympus Mobility

General

Except where provided by law (namely in the event of intentional misconduct and/or gross negligence), Olympus Mobility cannot be held liable for any form of damage suffered by the Customer, User or third parties as a result of the performance of this Agreement, for example in the following cases:

  • changes to the offer of Mobility Services, even if the offer is reduced (e.g. a public transport operator no longer serving a station);
  • lack of compatibility of the Olympus app with the User’s operating system or hardware;
  • defect in the operation of a Token (e.g. defective MOBIB card);
  • defects in the use of the OSP, the Olympus app or other services caused by the malfunctioning or non-functioning of the back offices of MRPs or other services of MRPs (e.g. unavailability of a public transport operator’s ticketing system);
  • …

Olympus Mobility shall likewise not be liable in cases of force majeure, including but not limited to civil war, terrorist activities, revolution, uprising, strike, seizure or coercive measures by public authorities, nuclear reactions, radioactivity, epidemics, failure of the electricity network, telephone network or the internet.

The Customer and Olympus Mobility expressly and irrevocably waive any right to hold the directors, officers or representatives of the other party personally and directly liable on the basis of tort.

In any event, the liability of Olympus Mobility shall be limited to the amounts for which it is insured. This also applies in the event that Olympus Mobility performs consultancy services.

article 16 : Damage caused by an MRP

Olympus Mobility is not responsible for the performance of the Mobility Services by MRPs:

  • defects or shortcomings in the offer, performance or operation of Mobility Services (e.g. defective shared car, train delay);
  • any act or omission on the part of MRPs in general (e.g. train breakdown, train strike, etc.);
  • …

Olympus Mobility therefore does not intervene in claims for compensation by the Customer or Users against MRPs, bears no responsibility whatsoever in this regard, and such claims may in no way affect the Customer’s payment obligations towards Olympus Mobility under this Agreement.

The Customer / User remains free, however, to contact the MRP directly under the MRP’s applicable contractual conditions.

article 17 : Damage caused to an MRP

Where a Mobility Service (non-public transport) is fully integrated into the operation of Olympus Mobility (e.g. Cambio cars), Olympus Mobility may be held directly liable under its contract(s) with the MRP for compensation for damage (e.g. traffic accident involving personal liability with a Cambio car). In that way, the MRP may suffer damage due to non-performance, improper performance or tort caused by Customers or Users who obtained or used the Mobility Services via access to the OSP granted pursuant to this Agreement.

In such case, the back-to-back principle applies: when Olympus Mobility is held liable by an MRP that has suffered damage, the Customer must fully indemnify Olympus Mobility.

In that case, the Customer undertakes to pay the claim for damages immediately or, in the event of a dispute, to provide Olympus Mobility with all useful information and supporting documents and to render all cooperation necessary to resolve any dispute, and to fully indemnify Olympus Mobility insofar as the damages are effectively due.

article 18 : Data protection provisions

Qualification of the parties and compliance with data protection legislation

Olympus Mobility is generally a Controller with regard to the processing of personal data in the context of the OSP and the Olympus app.

Among other things, Olympus Mobility determines:

  • which data are required to provide the Mobility Services;
  • which categories of persons may use the services;
  • how the data are used / processed;
  • to whom the data are disclosed in the context of the processing;
  • how long the data are retained;
  • …

The Customer uses the OSP and the Olympus app to offer Mobility Services to specific Users, as a result of which the Customer itself is also a Controller with regard to the personal data provided to Olympus Mobility in that context.

Olympus Mobility and the Customer each undertake to comply with data protection legislation (including supervision of the confidentiality and security of the processed data, also with regard to Employees).

For detailed information regarding the Olympus app, Olympus Mobility refers to its Privacy Policy: https://www.olympus-mobility.be/en/privacy-policy-olympus-app

Exceptionally, Olympus Mobility will also process (some of) the personal data as a Processor. This is the case:

  • for personal data processed on behalf of controller De Lijn with respect to the delivery and control of an M-Ticket;
  • where personal data of Employees are transmitted to Olympus Mobility by or on the instructions of Employers, Olympus Mobility processes these personal data as a sub-processor of the controller Employer for as long as the Employee concerned has not activated their account, which activation starts the Olympus Mobility service;
  • as regards the processing of personal data solely in the context of the creation and management of the mobility account within the meaning of the mobility budget legislation, Olympus Mobility acts as a sub-processor of the controller Employer.

Where Olympus Mobility acts as processor and the Customer is Controller, the data processing agreement in Annex 1 applies exclusively to the processing for which Olympus Mobility acts as processor, as indicated above.

Purposes of processing

For the proper functioning of the OSP and the Olympus app and the use of the Mobility Services, the necessary data relating to the User must be entered correctly and, if necessary, updated when they change. This responsibility lies with the Customer and with the User himself/herself. Depending on the case, this includes, among other things, the following data: surname, first name, language, nationality, gender, address, date of birth, company details, VAT number, email address, telephone number, browser, operating system, user ID, licence plate number, identification numbers of tokens (such as Mobib card numbers or fuel card numbers). In addition, data are collected on the way in which the Mobility Services are used (including time of purchase, price, data specific to each mobility mode), mobility expenses incurred by the User outside the system, data relating to the use of the Olympus app and the Olympus Open Service Platform, data concerning the User’s employment (including address, place of employment), or data concerning the User’s location for the purpose of offering suitable mobility solutions.

Additional data may be requested from all Users or specific groups of Users to the extent necessary to improve existing services or expand the services. Data already obtained may also be used by Olympus Mobility to expand its services within its corporate purpose.

The data are processed in order to provide the Mobility Services, deliver the requested information and data, and in general do everything necessary to conclude and perform Agreements. The collected data are used, among other things, for the financial processing of the use of the OSP and the Olympus app and for recording approval of the general terms and conditions. The collected data may be used for the performance of the MRP’s Mobility Services and for handling claims for damages or breaches of the MRP’s general terms and conditions. The collected data are also used to maintain, secure and improve the services, and to register approval of the general user terms and conditions. The collected data may also be stored, processed and further used in anonymized form with respect to the MRPs whose Mobility Services are offered, in order to further optimize this working method.

Accuracy of data

Olympus Mobility is not responsible for the accuracy of the data entered for or by the User or by the Customer.

If Olympus Mobility is obliged to verify already known data or to request additional data relating to specific Users or Customers, and this only for compelling reasons or reasons of significant importance (for example: fraud detection, incident investigation, court order, etc.), the Customer undertakes to provide all necessary cooperation without delay.

Transfer and storage of data

Data relating to a specific Mobility Service are used for reporting to the relevant MRP. Certain data may be transferred to an MRP to the extent necessary for the proper functioning of the Mobility Service provided by that MRP and also for direct marketing by that MRP, but the latter only if the Customer and the User have agreed to it.

MRPs (for example public transport operators such as NMBS/SNCB, De Lijn, STIB/MIVB and TEC) may, for their reporting requirements, gain insight into the volume of ticket sales per company or organization. The OSP provides the possibility to configure company identification and, on that basis, reporting to MRPs may take place. The data transmitted in the context of such reporting are not used by Olympus Mobility itself.

Personal data may also be transferred to contractually affiliated parties, such as subcontractors with whom Olympus Mobility works, including in the field of ICT, insofar as this is necessary for the proper performance of the Mobility Services. Olympus Mobility warrants that its subcontractors are bound by data protection legislation and shall carry out the necessary checks in this respect. These companies only have access to the data strictly necessary for the performance of their task. These data are processed in a country within the European Economic Area (EEA).

The data are stored in the “cloud”. At the time of signing the Agreement, Amazon is the cloud supplier, with storage taking place in server rooms in the EU. If the country where the server rooms are located ceases to be part of the EU, Olympus must immediately inform the business customer and do whatever is necessary as soon as possible to relocate the server rooms to an EU country. In such case, care shall nevertheless be taken to ensure that the agreement with the cloud supplier contains appropriate safeguards for processing.

Upon termination of the Agreement between Olympus Mobility and the Customer through which the User obtained access to the OSP, the personal data of the Users concerned shall be deleted within one year after such termination.

The data are retained until one year after closure of a User’s access and are then anonymized. Purely accounting documents in which personal names may be mentioned have a retention period of 7 years.

User rights

For as long as the User has access to the Olympus app, the User has the possibility to consult and rectify these data. To consult and, where necessary, rectify data not available through the Olympus app, or to request a copy thereof, contact may be made free of charge via the contact details set out below, subject to adequate identification. Where a User no longer has access to the Olympus app or a person is no longer a User, he or she may contact Olympus Mobility directly by letter sent to its registered office in order to request access to and rectification of the data. The User also has the right to receive the personal data concerning him or her that he or she has provided to Olympus Mobility in a structured, commonly used and machine-readable format, and has the right to transmit those data to another controller.

A User also always has the right to request restriction of processing if one of the following applies: (a) the accuracy of the personal data is contested by the User, for a period enabling Olympus Mobility to verify the accuracy of the personal data; (b) the processing is unlawful and the User opposes the erasure of the personal data and requests instead the restriction of their use; and (c) the personal data are no longer needed for the processing purposes, but the User requires them for the establishment, exercise or defence of legal claims.

A User may at any time withdraw consent to any processing of personal data based on that consent, without affecting the lawfulness of processing before withdrawal. However, the collection and processing of personal data are necessary in order for the User to make use of the OSP and the Olympus app. Withdrawal of consent for the processing operations based on it, as well as failure to provide correct data, makes further use of the OSP and the Olympus app impossible.

Any User may lodge a complaint regarding the processing with the supervisory authority, namely the Data Protection Authority (DPA), whose contact details can be found on the website https://www.gegevensbeschermingsautoriteit.be/.

For any contact regarding the above, you may write to: Olympus Mobility NV – Theresianenstraat 7/A – 1000 Brussels or email privacy@olympus-mobility.com.

article 19 : Confidential information and intellectual property

Both parties undertake to treat as strictly confidential any specific information, data, documents and materials of whatever nature that are made available or disclosed to them in connection with the performance of this Agreement, and not to disclose them to third parties in any manner whatsoever except for the proper performance of this Agreement.

This means that the parties undertake to use the information, data, documents and materials made available, of which the other party remains the owner, exclusively for the performance of this Agreement.

Both parties undertake to impose the confidentiality obligation contained in this article on their appointees. The Customer undertakes to impose this confidentiality obligation on its Employees.

The intellectual property rights, including copyright, trademarks, logos, software, databases, source code, HTML code, models, drawings, patents and others, whether registered or unregistered, as well as the rights to the “look and feel”, colour combinations, layout and all graphic elements of everything offered by Olympus Mobility, are the worldwide property of Olympus Mobility, and Olympus Mobility reserves all rights in this respect.

Nothing in this Agreement may be understood as a transfer of these intellectual property rights; only a right to use the software is granted within the limits laid down in this Agreement. That right of use is non-transferable except within the limits provided in this Agreement.

article 20 : Governing law and competent court

This Agreement is governed by Belgian law.

All disputes arising from the application of this Agreement shall fall within the exclusive jurisdiction of the courts and tribunals of Brussels.

Olympus Mobility nevertheless reserves the right to initiate proceedings before another court insofar as connecting factors exist for doing so.

article 21: Invalidity

Any provision or part of a provision of this Agreement that is found to be invalid under the law and/or declared invalid by a court shall retain effect to the maximum extent permitted by the court and shall not affect the validity of this Agreement as a whole.

In such case, the parties shall consult in order to replace the invalid provision with a corresponding provision that comes as close as possible to its intent.

article 22: Miscellaneous

In the event of any conflict between the other provisions of this Agreement and its annexes on the one hand, and other applicable general terms and conditions (e.g. of the Olympus app) on the other hand, the provisions of these General Contract Terms and Conditions shall prevail.

This Agreement constitutes the entire Agreement between the parties. Any prior Agreements, whether written or oral, are superseded upon the conclusion of this Agreement.

ANNEXES

Annex 1 – Olympus Mobility as processor + data processing Agreement for that case only

This specifically concerns the processing of the following categories of personal data:

  • identification data (surname, first name)
  • personal characteristics (date of birth)
  • contact details (email address, telephone number)
  • financial identification data (IBAN account number)
  • the balance of the mobility account (in the context of mobility budget management)

Olympus Mobility processes the personal data made available by or through the Customer under this data processing Agreement exclusively on behalf of the Customer. Olympus Mobility receives the same data, however, also for the performance of the other services it provides and in the context of which it acts as controller. Olympus Mobility may therefore also process these data in that context, in accordance with its own privacy policy.

The Customer gives Olympus Mobility explicit written instruction and authorization to process these personal data on its behalf in accordance with the provisions of the GDPR. The Customer bears sole responsibility for the lawfulness of the instructions given to Olympus Mobility. The personal data shall only be processed in the context of the performance of the Agreement and for further processing operations for which the Customer has given explicit consent, such as historical or scientific research purposes or statistical purposes based on anonymized or pseudonymized personal data, in accordance with Article 89.1 GDPR.

The Customer authorizes Olympus Mobility to disclose the personal data to all persons, institutions and bodies directly involved in the performance of the Agreement where this is necessary for the performance of the Agreement.

Olympus Mobility shall always treat the personal data received confidentially. Employees and collaborators of Olympus Mobility who have access to the personal data shall also be subject to an obligation of confidentiality.

Olympus Mobility shall take appropriate technical and organizational measures to protect the personal data and guarantee a level of security appropriate to the risk. Olympus Mobility shall take the necessary measures to limit access to the personal data to those staff members employed by Olympus Mobility who need access to these data in order to perform the Agreement.

Olympus Mobility is permitted, in the context of the performance of this Agreement, to make a backup of the personal data it processes in the context of the mobility account in order to guarantee continuity of service.

In the event of a data breach wholly or partly relating to the data referred to in this data processing Agreement, Olympus Mobility shall inform the Customer thereof without undue delay and no later than within 24 hours after becoming aware of it, within a period that enables the Customer, if necessary, to inform the Data Protection Authority and/or the Users within the legally prescribed time limits.

Olympus Mobility is expressly permitted to appoint subprocessors in a general manner for the purpose of carrying out the processing activities under this data processing Agreement, which means that Olympus Mobility shall communicate any intended change concerning the addition or replacement of other subprocessors, with the possibility to object to these changes within thirty (30) days after such notice. An up-to-date list is published on the Olympus Mobility website.

If Olympus Mobility wishes to engage a subprocessor, it undertakes to conclude with that subprocessor a written Agreement or other legal act under Union law or the law of a Member State containing at least all guarantees, obligations and liabilities arising from this Agreement.

Olympus Mobility makes a list of subprocessors available on its web page. Olympus Mobility undertakes to update this list regularly in accordance with the subprocessors it uses.

The Customer agrees that when Olympus Mobility appoints a subprocessor to carry out specific processing activities and those activities involve a transfer of personal data to third countries within the meaning of Chapter V of Regulation (EU) 2016/679, Olympus Mobility and the subprocessor may ensure compliance with Chapter V of Regulation (EU) 2016/679 by using adequacy decisions of the Commission or may provide appropriate safeguards in accordance with Article 46 GDPR.

Olympus Mobility shall pass on to the Customer any requests from data subjects, notifications of data breaches and other possible requests specifically relating to the data processing under this data processing Agreement, so that the Customer can take the necessary action as controller. Olympus Mobility shall, as far as possible, assist the Customer if a data subject exercises his or her rights. If the requests or notifications from data subjects are wholly or partly related to the processing activities for which Olympus Mobility acts as controller, it shall deal with those requests or notifications directly.

Olympus Mobility undertakes to assist the Customer in complying with its legal obligations under the GDPR. In that regard, Olympus Mobility shall respond within a reasonable period to any request for assistance from the Customer. Except where the assistance relates to a possible data breach, such assistance shall be subject to reasonable compensation at market rates.

The Customer agrees that, upon termination of the Agreement with the Customer, Olympus Mobility shall delete or anonymize from its systems all personal data specifically falling within the data processing under this data processing Agreement. This obligation is without prejudice to Olympus Mobility’s ability to retain personal data for the processing operations for which it acts as controller and in the context of which it itself determines the purposes and means, including the relevant retention periods.

When a User no longer has access to the Olympus app, the data relating to him/her that fall specifically and exclusively under this data processing Agreement shall be deleted by Olympus Mobility. This obligation is also without prejudice to Olympus Mobility’s ability to retain personal data for the processing operations for which it acts as controller and in the context of which it itself determines the purposes and means, including the relevant retention periods. In that respect, Olympus Mobility refers to the terms approved by the User in the Olympus app.

Should the Customer request it, Olympus Mobility shall agree to and cooperate with audits and inspections of the processing of personal data in order to verify whether Olympus Mobility, as processor, complies with its obligations under the Agreement and the GDPR. The audit shall be entirely at the Customer’s expense, unless the audit is carried out as a result of a data incident at Olympus Mobility. In the event of an audit, the Customer must propose a third party to perform the audit. The audit may only take place once Olympus Mobility has approved the proposed third party. After approval by Olympus Mobility, this independent third party may enter the premises or places where Olympus Mobility or the subprocessors carry out the data processing and/or store copies or backups, and may inspect there all useful and necessary documents required for such verification. In any event, the third party may not be a direct competitor of Olympus Mobility and shall have to agree to be bound by a strict confidentiality obligation.

Annex 2 – VAB General Terms and Conditions for Mobile Refuelling

article 1 : Definitions

For the purposes of these special terms and conditions and all Agreements based on them, the following shall apply:

Products

Diesel, petrol or other fuels that can be purchased by mobile means at the fuel station when using the Olympus app.

Damage Event

Any damage resulting from misuse of the Olympus app, failure to comply with the rules at the fuel station, unlawfully assisting persons who violate the rules, etc.

article 2 : General

Mobile refuelling is offered by Olympus Mobility in its own name and on behalf of VAB NV. Payment to Olympus Mobility shall validly discharge the debt.

These general terms and conditions govern the specific rights, obligations and responsibilities of the Customer for mobile refuelling. By (digitally) signing these general terms and conditions or simply by using the service, you automatically accept these general terms and conditions.

The possibility of mobile refuelling in Belgium is available at fuel stations of various fuel suppliers.

Olympus Mobility is free to change the range of fuel stations at any time.

Use of the Olympus app constitutes the electronic signature and replaces the handwritten signature for electronic transactions. For all electronic money transfer transactions, the relevant data are recorded. For some transactions, the payment terminal may issue a ticket to the cardholder. This ticket is not proof of the transaction(s), but is issued only for information or checking purposes. The Customer accepts that the journal tape or data carrier that records all data on transactions at a payment terminal shall constitute binding and sufficient written proof of those transactions and shall prevail over any other evidence the Customer may submit.

article 3 : Obligations of the Customer, specifically concerning the User

The User is obliged to comply with all safety regulations at the fuel station. Olympus Mobility cannot be held liable if the User fails to comply with these safety regulations, and the Customer shall be responsible for all damage caused as a result of failure to comply with safety regulations.

In any case, the User is obliged to comply with the following safety regulations, independently of the rules at the fuel station.

It is forbidden to smoke at a fuel station, because the open flame of a lighter or cigarette can ignite vapours present. The use of an e-cigarette is also prohibited. For the same reason, making phone calls is also not allowed. A mobile phone is an electrical device and can cause small sparks. The risk that vapours explode due to the use of a mobile phone is small, but not non-existent.

If the User notices damage, malfunctions or irregularities while using the installations present, he or she must inform the fuel supplier or local operator (using the contact details shown on the charging / payment terminal) as soon as possible.

The User must reduce speed upon arrival on the forecourt of the fuel station. During refuelling, the User must always switch off the engine. Children under the age of fifteen are prohibited from operating the pumps.

The User must immediately and directly notify VAB by telephone of any Damage Event: 03 253 63 45 (24/24, 7 days a week).

article 4 : Liability

The supply of Products is an obligation of means. Olympus Mobility can therefore not be held liable for the temporary or permanent unavailability of the Olympus app or of Products at one or more points of sale. Olympus Mobility may change or supplement the above offer of Products at any time. Olympus Mobility cannot be held liable for any disadvantage arising from one or more application possibilities not being available, except in the event of wilful misconduct or gross negligence.

Olympus Mobility is not responsible for a transaction not being executed or not being fully executed due to malfunctioning of the Olympus app, payment systems and/or refuelling systems.

The risks associated with these Products pass to the Customer as soon as the Customer purchases the Products at the point of sale. Given the nature of the Products, any claim relating to a defective Product must be reported in writing to Olympus Mobility within 2 days. The claim must be accompanied by the necessary supporting documents.

Olympus Mobility can in no event be held liable for indirect damage, including but not limited to loss of profit, business loss, loss of balances, loss of customers, loss of contracts, loss of goodwill, claims from third parties, or any consequential or indirect damage or losses. Such liability is excluded regardless of whether it is contractual, non-contractual, foreseeable, known, anticipated or of another nature.

article 5 : Complaints

For all information and complaints, you may contact Olympus Mobility. Complaints must be submitted in writing no later than two (2) months after the execution of a transaction. Expiry of this period implies a tacit waiver of any right of recourse.

article 6 : Changes to these general terms and conditions

VAB and Olympus Mobility may supplement or amend the provisions of these terms and conditions at any time. An unexpected and substantial change in environmental factors (for example the market situation of the petroleum sector and fiscal measures) is considered force majeure that may prevent timely communication of a supplement or amendment. Olympus Mobility cannot be held liable for this.

Changes and supplements are binding on Customers and Users who continue to use the Olympus app.

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Change history

Version 1.0: original version

Version 1.1: addition of registration option www.spitsmijden-antwerpen.be in the first paragraph.

Version 1.2: addition of paragraph on NMBS indirect sales agreement.

Version 1.3: amendment of paragraph on NMBS indirect sales agreement and addition of Annex 3.

Version 1.4: addition of Mobit.

Version 1.5: addition of family members. Adjustment of MIVB/STIB product range.

Version 1.6: addition of external expenses and processing of mobility expenses via MMBB.

Version 1.7: addition of Q-Park.

Version 1.8: addition of Eneco.

Version 1.9: addition of Q8 fuel.

Version 2.1: refinement of GDPR and privacy.

Version 2.2: direct customers via Olympus App (Business Mobility).

Version 2.4: adjustments to information and Refundr MMBB pricing table.

Version 2.5: removal of ISA NMBS, rates refer to web pages instead of being included in the agreement, minor adjustments.

Version 2.6: simplifications and restructuring to improve readability, inclusion of liability for consultancy services, clearer distinction between App-only Customers and other Customers, clarifications regarding liabilities, minor adjustments.