Version 1.2.0 of 25 September 2019
Amendments compared to previous version:
Amendment of the Cambio general terms and conditions, valid from 1 July 2019
These User Terms and Conditions apply to all use of the Olympus App, which is managed and operated by the public limited liability company OLYMPUS MOBILITY (hereinafter also referred to as ‘we’ or ‘us’), located at Rue Thérésienne 7/A, 1000 Brussels, registered with the Crossroads Bank for Enterprises under number 0638.809.930.
These User Terms and Conditions also serve as general contract terms for Direct Users of both the Olympus App and the Third Party Apps.
Olympus App: the mobile app developed by us which enables Users to access the Mobility Services offering.
Third Party Apps: mobile apps provided by third parties, through which we offer the Mobility Services to Direct Users and whereby the Direct Users’ access to the app itself is managed and regulated purely by the third party in question. E.g. banking apps.
Users: the Direct Users and Indirect Users. These are exclusively consumers as intended by the Belgian Code of Economic Law (‘any natural person who is acting for purposes which are outside his or her trade, business or profession’). Users are generally also referred to hereinafter as ‘you’ or ‘your’. A User can combine the capacity of Direct and Indirect User.
Direct Users: any User who – via an intermediary or otherwise – enters into a direct contractual relationship with us to purchase Mobility Services via the Olympus App of via Third Party Apps.
Indirect Users: any User who enjoys a contractual relationship (such as: an employment contract, independent cooperation, mandate,…) with a Business Client (the Employer) and is hence duly permitted to use the Olympus App and to purchase Mobility Services.
Business Client: a Business (i.e. anyone who is not a Consumer as previously defined) that enters into a contractual relationship with us or with another Business Client in order to acquire Mobility Services via us and/or to gain or provide access to the Olympus App for one or more of the following categories of person:
– for themselves;
– for Indirect Users with whom they enjoy a contractual relationship (they are the Employer for them);
– for other Business Clients with whom they enjoy a contractual relationship;
Mobility Resource Provider (‘MRP’): the party that markets the Mobility Services and with which Olympus Mobility enjoys a contractual relationship with a view to offering these Mobility Services via the Olympus App and/or Third Party Apps. E.g. Cambio, SNCB, De Lijn.
Mobility Service: a good or service relating to mobility, which is offered via the Olympus App and/or Third Party Apps, and which is provided by an MRP and which can consist of one or more of the following: public sale, parking services, rental or lending of transport, use of charging infrastructure, purchase of fuel, or other goods or services relating to mobility, which Olympus Mobility chooses to add to these.
Token: a physical object that can provide a User with access to particular Mobility Services and which is issued by third parties and falls under the responsibility of third parties. Examples include a fuel card or Mobib Card.
Employer: the Business Client who acts with us in a contractual relationship for providing access via us to the Olympus App for Indirect Users, with whom they are in a contractual relationship. The contractual relationship between the Employer and the Indirect User is not necessarily an employment contract, this can also be independent cooperation or a mandate or another form of contractual relationship.
These User Terms and Conditions apply to anyone who uses the Olympus App, the Third Party Apps and the Mobility Services provided through us.
For the purposes of this article, ‘use’ also includes the simple consultation of the Olympus App and downloading the Olympus App.
These User Terms and Conditions also serve as general contract terms for Direct Users, who consent to them before they are able to make use of the Olympus App, the Third Party Apps and the Mobility Services.
Creation of a User requires a number of personal details to be communicated. The User will ensure that these are accurate at all times. Communicating any changes is the personal responsibility of the Direct User, who can do this directly, and of the Indirect User, who should notify the Business Client, who provided him or her with access, to this effect.
Business Clients will ensure that their own details and those of the Users to whom they provide access are accurate at all times.
Users and Business Clients may be asked at a later date to provide additional details, in so far as these are necessary or useful to improving the existing service or to extending the service.
In so far as we are obliged either to verify previously provided details or to request additional details regarding a User or Business Client, this for compelling reasons or reasons of great importance (example: detecting fraud, investigating incidents, by court order), the Users and Business Clients undertake to cooperate fully and without delay.
A budget can be loaded per User that can be utilised via the Olympus App to obtain Mobility Services. In the case of Indirect Users, this is the responsibility of the Employer who provides them with access. In the case of Direct Users, this is their own responsibility.
The Indirect User has the possibility to also load a personal private budget separate from the budget acquired via the Employer. With regard to this budget the User in question will be a Direct User in that case. This contractual relationship will be in existence directly with Olympus Mobility and will be dealt with separately from the indirect relationship that existed earlier via the Employer. The Employer in question will not acquire any information regarding the private budget, or the purchases made with this.
No invoices will be generated for the budget loaded by Direct Users or for the Mobility Services they use: this is only possible in the case of Business Clients, under the terms of the contracts agreed with them.
Any loading by a User will amount to at least 10 Euro and will be subject to transaction costs of 1.79 Euro. A User can personally load a budget not exceeding 150 Euro. A Maestro bank card or a MasterCard can be used for this loading. The User will be obliged to always provide a sufficient budget, of necessary by means of extra transfer as provided in article 12.
The budget loaded by the Direct User will be refunded to the Direct User on termination of the agreement at the end of the second month following the month in which the agreement was terminated. Olympus Mobility applies this period purely to allow for any additional costs that might be registered on the Direct User’s part in the period following termination. No interest will be paid on any amount to be refunded. Refund does not imply the waiver of any right of action.
Olympus Mobility will assist Direct Users in the event of problems with the use of the system for online payment and is the party to be contacted in the event of questions in this regard (e.g. concerning chargebacks, complaints of any nature, cancellations and refunds). Contact is also possible via the e-mail address email@example.com.
Olympus Mobility makes the Olympus App available to the Users. The Olympus App, whether or not in combination with a Token, provides access to the Mobility Services listed as available in the Olympus App.
The range of Mobility Services may vary for reasons beyond Olympus Mobility’s control. The User acknowledges that changes of this nature cannot be grounds for adjustment or termination of other commitments under this agreement.
In the event of technical difficulties with the Olympus App, the User may contact us via e-mail at firstname.lastname@example.org.
Procuring Mobility Services via a Third Party App indicates the Direct User’s consent to these User Terms and Conditions.
We only intervene in this instance with respect to the ordering of the Mobility Services themselves. Processing of the payment occurs with the Third Party App itself and falls under the responsibility of the financial service provider specified in the Third Party App.
The Direct User personally undertakes at all times to pay for the order in respect of Olympus Mobility.
Ordering Mobility Services via Third Party Apps is reserved for Direct Users and is not permitted for Business Clients. Any person who uses a Third Party App to purchase Mobility Services is deemed to do so in the capacity of consumer and is hence viewed as a Direct User.
Anyone who is not a consumer can create a business account with us or our partners: more information and a list in this regard may be found on our website.
Business Clients who want to be able to order train tickets via the Olympus App or provide Users with that right need to sign an Indirect Sales Agreement with the SNCB.
For more information in this regard, the Business Client should contact one of our partners (listed on our website) or e-mail us at email@example.com.
Indirect Users may not avail themselves of the legal right of withdrawal since they are not purchasing Mobility Services in that capacity through a direct contractual relationship with us on their own account for purposes outside their trade, business or profession.
Direct Users may not avail themselves of the legal right of withdrawal when purchasing Mobility Services since these are services as intended by Article VI(53,12) of the Belgian Code of Economic Law for which this right is excluded.
Direct Users may avail themselves of the right of withdrawal for consumers in respect of the agreement they conclude regarding the right to use the Olympus App, since the agreement was concluded at a distance.
The Direct User in question has the right in this regard to withdraw from the agreement within 14 days of entering into it, without explanation, provided that we are notified of this within the specified term. This can be done straightforwardly by cancelling the agreement within the Olympus App using the provided function, following which confirmation will be sent by e-mail. Alternatively, the Consumer may also use the following, legally provided, standard form:
(*) Delete as applicable.
No right of withdrawal applies in respect of Mobility Services ordered prior to the invocation of the right of withdrawal, in view of the aforementioned Article VI(53,12) of the Belgian Code of Economic Law.
Previously loaded budget will be refunded using the same means of payment within 14 days of invocation of the right of withdrawal, subject to deduction by us of a reasonable fee in the event that Mobility Services were used prior to invocation of the right of withdrawal, the full cost price of which is not known to us within such a short period.
The Olympus App may only be used by a User who has received the express permission of an Employer to do so or for whom, if they are a Direct User, express permission derives from their acceptance of these User Terms and Conditions.
This permission is personal and is not transferable.
The Olympus App may only be used to procure Mobility Services for the User themselves, unless the Employer has also granted an Indirect User express permission to procure Mobility Services for specifically defined third parties, such as family members.
Under no circumstances may the User provide third parties with Mobility Services via the Olympus App in return for payment.
The User is wholly responsible for any use that unauthorised third parties make of the Olympus App and the Mobility Services via the access provided to the User. We advise the User to set a screen lock on the device to prevent unauthorised use.
The User must notify us immediately if there is any suspicion that the Olympus App has been used by unauthorised third parties.
In order to prevent and combat these and other unauthorised actions, we reserve the right to monitor use of the Olympus App and to suspend or restrict all right of use or to refuse access to persons suspected of performing unauthorised actions. Suspicions of this nature can arise from detection of use of the Olympus App in an unusual way or in a way that suggests misuse. The terms ‘unusual way’ and ‘misuse’ will be interpreted as we deem appropriate.
Suspension, restriction or refusal of access of this kind cannot provide grounds for any right to compensation or refund.
In so far as this is not expressly permitted by the law, the User will refrain from:
The procurement of a Mobility Service via the Olympus App entails the User’s unconditional consent in each case to all the terms and conditions that the MRP providing the Mobility Service applies in respect of persons utilising the Mobility Service in question (hereinafter also: ‘the MRP’s Terms and Conditions’). The User undertakes to comply strictly with the MRP’s Terms and Conditions and also to require such compliance from persons who make (joint) use of the Mobility Service in question via the User. The User is responsible for these persons.
For its part, the Business Client also undertakes to peruse and consent to the MRP’s Terms and Conditions, in so far as they are relevant to it.
The MRP’s Terms and Conditions are set and interpreted by the MRP in question as it sees fit and fall outside our responsibility. The MRP’s Terms and Conditions consist of all specifications, rules, general or particular provisions that the MRP in question applies and indicates, in whatever form and in whatever manner: by displaying them, placing them online or publishing or announcing them in any other manner, including verbally, and in whichever official language. These can be rules that apply generally or only to particular groups or even at individual level. Also included are all regulations imposed by government in respect of persons making use of the Mobility Service in question.
The User and the Business Client acknowledge and consent to the fact that the MRP is entitled to amend the Terms and Conditions of the supplied Mobility Services unilaterally. Provided that Olympus Mobility has been correctly and directly notified by the MRP of these amended terms and conditions, Olympus Mobility will announce them and present them for consent via the Olympus App.
In the case of the public transport companies SNCB, De Lijn, MIVB and TEC, the ordering of a transport ticket by the User gives rise to a direct contract between the public transport company in question and the User: Olympus Mobility offers these Mobility Services in the name and on behalf of the company in question.
|Mobility Service||General Terms and Conditions|
See the SNCB ‘Travel Terms and Conditions’ under ‘Customer Service’ at https://www.belgianrail.be
See the B-Parking website at https://www.b-parking.be (Dutch and French)
List of car parks with charging facilities on the B-Parking website https://www.b-parking.be (Dutch and French)
|Blue-bike||See ‘Terms and Conditions’ at https://www.blue-bike.be|
|Cambio||See terms and conditions at https://www.cambio.be (Dutch and French)|
|VAB||See VAB terms and conditions at https://www.vab.be|
|De Lijn||See ‘General Conditions of Travel’ on the website https://www.delijn.be (Dutch) https://static.delijn.be/Images/Algemene%20Reisvoorwaarden%20feb%202018%20def_tcm3-15888.pdf|
|MIVB||See the terms and conditions (Dutch and French) on the website https://www.mivb.be|
|SRWT||See the terms and conditions (French and German) on the website https://www.infotec.be|
|Velo||See the ‘General Conditions’ at https://www.velo-antwerpen.be|
|Mobit||See Terms and Conditions at https://www.mobit.eu/|
When a Mobility Service is procured via the Olympus App, we perform a budget check to confirm that sufficient budget is available. Although the budget check is performed with due care, this does not mean that the budget cannot be exceeded, due for instance to unforeseen extra charges (e.g. longer than permitted use of Velo, Mobit or Blue-bike) or to Mobility Services of which the exact price is not known in advance (e.g. parking).
In the case of certain Mobility Services, prior budget checking is not technically possible (e.g. Cambio), which means that the sum expended will be set against the budget afterwards. Any negative budget balance must be cleared as swiftly as possible by means of loading an additional budget, or by means of directly transferring the shortfall to Olympus Mobility. In the case of Direct Users, we reserve the right to demand this where necessary, by sending messages within the Olympus App or by e-mail or another communication channel, and we reserve the right in the event of failure to clear the negative balance promptly to charge interest at the legal rate of interest as of the date of first notice.
The rates and charges for the Mobility Services are set out in the Olympus App or the Third Party App and acceptance thereof is inferred from the simple use of the App. These rates and charges include VAT.
A service charge may be levied on purchase of Mobility Services. Where this is the case, it is always made clear during the order process and is stated separately from the cost of the Mobility Service itself prior to placement of the order.
The duration of the Indirect User’s right of use is determined by the contractual relationship between us and the Employer and/or the Business Client(s) in the chain via which the User gains access. Responsibility for providing, suspending and ending this access lies with the Business Client(s) in question and Olympus Mobility cannot be held liable in this regard.
The duration of the agreement between us and the Direct User who uses the Olympus App is open-ended. It can be terminated by either party with immediate effect and without explanation (this function is provided in the Olympus App for the Direct User), with no right to compensation based purely on such termination. In the event of our termination of the agreement, Mobility Services already ordered by this Direct User may still be used up, unless the termination is due to serious non-performance on this Direct User’s part, which reasonably justifies our immediate termination of this service.
We systematically reserve the right to suspend the service wholly or in part in the event of misuse or suspected misuse on the Client’s part or that of someone for whom the User is responsible.
The Olympus App is provided ‘as-is’ and may only be used for the purposes that are specifically indicated. These purposes are general and are not geared to a personal or individual situation or capacity. Use of the Olympus App is exclusively at the User’s own risk. While we make every effort to ensure that the Olympus App is compatible with the operating systems of mobile devices running iOS or Android, we can never guarantee the correct functioning of all versions, new versions or the continued support of old versions. The hardware requirements for use of the Olympus App can vary according to the development of the software. Olympus Mobility may not be held liable under any circumstances for the suitability of a User’s mobile device or operating system for the Olympus App at any moment.
2. Mobility Services
We are not liable in any way for the delivery or implementation of the Mobility Services themselves. Olympus Mobility does not intervene in the implementation of the Mobility Services by the MRPs and cannot be held liable for any action or failure on the part of an MRP. Any issue relating to the delivery or implementation of Mobility Services to the User ought to be taken up directly by the User with the MRP itself. All rights of action in this regard are transferred in so far as necessary to the User on procurement of the Mobility Services in the Olympus App. The refund of Mobility Services ordered or procured via the Olympus App is not possible, even in the event of wrongful use by third parties of access to the Olympus App granted to a User.
The following exceptions apply to the prohibition on refunds:
|De Lijn||The price of the M-Ticket may not, in principle, be refunded under any circumstances, other than exceptional situations due to De Lijn or the M Supplier, as a consequence of which the User was unable to utilise their M-Ticket. In this event, the User should contact the customer service at De Lijn.|
|SNCB||The User is entitled to compensation in the event of a delay longer than 60 minutes equal to 100% of the value of a one-way journey. Compensation can only be requested via SNCB customer service.|
These exceptions are the sole responsibility of the aforementioned MRP and Olympus Mobility is not liable for any changes to them or how they are implemented.
In so far as a Token is required to use Mobility Services, the Token, its functioning and its availability are solely the responsibility of the issuer of that Token and under no circumstances may we be held liable.
While we make every effort to ensure that the information provided is complete, accurate and up-to-date, errors can nevertheless occur. Should the provided information contain any inaccuracies or should certain information be unavailable, we will seek to rectify this as soon as possible. If you detect any inaccuracies, you are requested to notify us of them using the contact details stated in these User Terms and Conditions.
We take all reasonable measures to ensure the availability and security of the Olympus App to limit any inconvenience due to technical errors to as great an extent as possible. However, we cannot exclude the possibility of disruptions or periods of non-availability, whether or not due to third parties, and are unable for this reason to guarantee uninterrupted access.
6. Limitation of liability
Neither we nor our employees, agents, colleagues, directors, mandate-holders, commercial partners, freelancers, appointees or legal successors may be held liable for any indirect harm or losses (such as, but not limited to, lost time, emotional damage, loss of opportunity, loss of good will, commercial harm, data loss and loss of income), in either a contractual or non-contractual context. No part of these User Terms and Conditions excludes our liability for proven intent, gross negligence or deception. In so far as the possibility of excluding or limiting liability is restricted by the law applying in a specific case, the application of this article will be accordingly restricted to the maximum limitation or exclusion of liability according to the applicable legislation, without this invalidating or nullifying this article in its entirety.
7. User liability in respect of MRPs
In certain cases, the contacts between Olympus Mobility and the MRPs mean that the latter may claim damages from Olympus Mobility in respect of non-performance, misuse or wrongful act on the part of Users who have procured the Mobility Services via the Olympus App or Third Party Apps.
In the case of Indirect Users, this will be dealt with via the Business Client through whom they obtained access to the Olympus App.
Direct Users undertake, on presentation by us of the claim for damages submitted by the MRP, to pay this within 15 days, directly to the MRP, or to provide us with a valid and substantive reason for objection, accompanied by any available evidence, this likewise within 15 days. We reserve the right to pass on any such claim for damages to the MRP, so that it may approach the Direct User in person, relieving Olympus Mobility of further involvement.
Unjustified refusal on the Direct User’s part to pay the compensation owed under the terms of this article will entitle Olympus Mobility to suspend its service with immediate effect in the manner and with the consequences set out in these User Terms and Conditions under ‘Duration’. In the event of such unjustified refusal, the Direct User indemnifies us for all costs, damages and interest arising from this in the relationship between us and the relevant MRP.
We are not responsible in the event of force majeure, i.e. situations that make it extremely difficult (or incur high costs) for us to meet our commitments. Force majeure includes, but is not limited to: natural disasters, riots, war and military operations, acts of terrorism, national or local emergencies, acts or omissions of the government, economic disputes of any kind, actions of employees, fire, telecom failures, bugs in third party software or hardware, flooding, lightning, explosions, subsidence, as well as any act or omission of a person or entity beyond our reasonable control.
We are committed to your privacy and act at all times in accordance with the provisions of Belgian and European law (Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data and European Regulation (EU) no. 2016/679 protection of individuals with regard to the processing of personal data).
Use of the Olympus App implies your express consent to the manner in which we collect and process personal data as described here. You have the right to withdraw your consent at any time for us to process your personal details, without prejudice to the lawfulness of their processing prior to such withdrawal. The collection and processing of personal data is necessary to the User’s ability to use the Olympus App. Both the withdrawal of consent and the failure to provide correct data will render further use of the Olympus App impossible.
1. Types of personal data collected
The following data, amongst others, may be collected via the Olympus App: your name, language, gender, address, mobile number, date of birth, company details, VAT number, e-mail address, browser, operating system, user ID, Token information such as number plate, token numbers (e.g. Mobib or fuel card numbers). We also collect data on how you use the Mobility Services and the Olympus App. These include data regarding the purchase and use of Mobility Services (including time of purchase, price, information specific to the mode of mobility, such as data, departure point and destination of the journey) data regarding use of the Olympus App, details of the User’s employment (including address and location of employment), home address or location data (GPS positioning) of the User to enable provision of appropriate mobility solutions (e.g. ‘Smart to Antwerp’, automatic management of kilometres cycled). In the case of certain applications or projects (e.g. ‘Smart to Antwerp’, rush hour avoidance), the Olympus App collects data from the location sensors (GPS, Wi-Fi, telecoms networks) and other sensors (gyroscope, accelerometer) in connection with your mobility behaviour. Individual consent will be requested for this in each instance. Consequently, if you wish for any reason to halt this latter data collection, you may do so in the Olympus App under Settings/Privacy You can also block location tracking using your telephone’s general settings. Deactivating GPS tracking means that certain functions can no longer be provided (avoiding rush hour in Antwerp, registration of kilometres cycled, etc.). Additional data may be requested for the optimum functioning of the Olympus App where this is useful or necessary to improve or extend the existing service provision.
2. Reasons for collecting personal data
We use the data that we collect from all our services to deliver our mobility service provision to you, to provide the requested information and data to the Business Client and generally to do what is necessary to conclude and execute agreements. The collected data will be used, amongst other things, for the financial processing of use of the Olympus App and tracking consent for these User Terms and Conditions. The collected data may be used for the implementation of the Mobility Services by the MRP and to deal with claims under or breaches of the MRP’s general terms and conditions. The data may also be provided to the Business Client who provided the Indirect User with access to the Olympus App, in so far as this Business Client is not yet in possession of this data and only in accordance with the contractual commitments between us and the Business Client. The collected data are also used to maintain, secure and improve our services. The collected data may also, having been anonymised, be stored, processed and used further on behalf of the MRPs whose Mobility Services we offer in order to further optimise this way of working.
3. Parties with access to the personal data
4. User rights
You can consult the data available via the Olympus App through the app itself, also correcting it where necessary and permitted, or via the Business Client through which you access the Olympus App. To consult and if necessary correct data that is not available via the Olympus App or to request a copy of it, you can contact us free of charge using the contact details set out below, provided that you adequately identify yourself. If you no longer have access to the app, you are entitled to ask us free of charge what personal data we hold on you and, where relevant, have the data in question corrected free of charge. You can exercise this right by contacting us using the contact details set out below, provided that you adequately identify yourself.
Users also have the right to obtain in a structured, accessible and machine-legible form the personal data concerning them that they have provided us as well as the right to transfer this data to another data controller.
Deletion of data
The period for which the personal data is stored extends until the data is deleted in the manner described under section 4 above.
Right of complaint
The European Data Protection Regulation entitles every User to submit a complaint where the need arises to the supervisory authority, namely the Data Protection Authority, the contact details for which can be found at the website https://www.dataprotectionauthority.be/.
We are responsible for processing personal data and ensure the confidentiality and security of that data.
Olympus may only be deemed a processor of personal data on behalf of the data controller De Lijn in respect of the processing that occurs as part of the delivery and control of an M-Ticket.
You can contact us at the following address: Olympus Mobility NV/SA – Rue Thérésienne 7/A – 1000 Brussels or via firstname.lastname@example.org
All intellectual property rights, including copyright, brands, logos, software, databases, source code, HTML code, models, drawings, patents and so on, registered or otherwise, as well as the rights to the ‘look and feel’ of the Olympus App, the colour combinations, layout and all graphic elements (all the preceding hereinafter referred to as ‘protected content’) are the property worldwide or ourselves, our clients, our clients’ clients, our suppliers or the Business Client. This relates to all information mentioned in the Olympus App and all information that is provided in either digital or other form. Unless expressly stated otherwise, no part of the protected content may be copied, reproduced, adapted, distributed, transmitted, (re)published, displayed, presented or recited for commercial purposes without our express written consent. Unless explicitly stated otherwise, our services are not intended under any circumstances to transfer, make available or license any intellectual property right, either in whole or in part.
The nullity of any clause of the present User Terms and Conditions does not compromise the applicability of the other provisions. We retain the right to amend these User Terms and Conditions at all times. Any amendment will take immediate effect and Users will be notified of it as we deem appropriate via a pop-up message in the Olympus App, which the User must approve before continuing. Each User undertakes to consult the information in the Olympus App on a regular basis and to check for amendments to these User Terms and Conditions. In the event of an amendment, continued use of the Olympus App, the Third Party App or the Mobility Services will be interpreted as consent to the amended User Terms and Conditions.
Belgian law applies exclusively and any dispute falls under the jurisdiction of the competent court for our registered office.
You can contact us at the following address: Olympus Mobility NV/SA – Rue Thérésienne 7/A – 1000 Brussels or via email@example.com