POPPY LEASE TERMS AND CONDITIONS
BY ACCESSING OR USING THE POPPY LEASE PLATFORM, ANY POPPY LEASE VEHICLE OR ANY SERVICE PROVIDED BY POPPY LEASE, YOU, THE USER, ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF POPPY LEASE'S CONTRACT AS SET FORTH BELOW (THE "CONTRACT" OR THE "TERMS AND CONDITIONS") – AND THE TERMS AND CONDITIONS OF THE INSURER (BEING THE CAR LIABILITY INSURANCE "Assurance RC Auto" / "Verzekering BA Auto"). OUR TERMS AND CONDITIONS CAN BE CONSULTED AT ANY TIME BOTH ON THE POPPY LEASE PLATFORM AND ON POPPY’S WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF POPPY LEASE AND THE TERMS AND CONDITIONS OF THE INSURER, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE POPPY LEASE PLATFORM, POPPY LEASE VEHICLES OR ANY SERVICES PROVIDED BY POPPY LEASE.
By clicking the box confirming acceptance of the Terms and Conditions of Poppy Lease and the terms and conditions of the Insurer, the User acknowledges having read these Terms and Conditions and agrees to be bound by them including all documents and terms referenced herein. Poppy Mobility NV may amend these Terms and Conditions from time to time at its sole discretion. The User will be notified of any changes via the email address associated with their Account. If the User continues to use the Platform after the effective date of the modified Terms and Conditions, the User will be deemed to have accepted the modifications. If the User does not agree to the modifications, they may discontinue use of the Platform and close their Account.
Please note that if you are accessing or using our Services through Poppy Lease or on basis of a Contract between Poppy Mobility NV and a third party (such as your employer or a management company of shared offices), it is possible that some rules contained in these Terms and Conditions will not apply to you (e.g., payment terms if a third party is paying for your use of Poppy Lease Services). Should the context not be sufficiently clear for you to understand whether a rule does apply or not, please assume it does apply and respect it. You can also always contact us for more information.
Introduction
POPPY MOBILITY NV, a limited liability company, having its registered office at Sanderusstraat 25, 2018 Antwerp (Belgium), registered with the register of legal entities of Antwerp under company number 0681.505.370 (hereinafter referred to as "Poppy") has developed an internet platform (the "Platform") enabling registered users to lease vehicles long term. In this context, Poppy also offers a mobility solution under the name “Poppy Lease”, consisting of the monthly rental by Poppy of Vehicles made available to its Users, in accordance with these Terms and Conditions.
1. DEFINITIONS
Capitalized terms in these Terms and Conditions shall have the meaning as ascribed to them in this Article 1 or the meaning indicated where they are used.
"Account" means the personal user account created on the Platform by the User upon subscription, containing personal data.
"Applicant" is a person who subscribes to the Platform and wishes to be accepted by Poppy as a User to use the Services and the Vehicles.
"Business Day" means every day from Monday to Friday with the exception of Saturday, Sunday or any public holiday in Belgium.
"Calendar Day" every day (24 hours) of the week from Monday to Sunday.
"Contract" means the agreement between Poppy and the User for the rental of one or more Vehicles, which is concluded once Poppy has confirmed the User’s booking, received the applicable Deposit, verified the User’s valid driver’s license, and the User has duly signed and returned the Contract prior to the commencement of the Services.
"Deposit" means the amount of money deposited by the User as security for the ordered Vehicle.
"Fees" encompasses the fees a User is liable to pay to Poppy to use the Services and the Vehicles. For Poppy Lease services, this includes Monthly Fees and additional fees.
"Insurer" refers to Ethias, the company appointed by Poppy to provide third-party liability insurance coverage for the Vehicles.
"Intoxication" refers to exceeding the legally permitted blood alcohol concentration, i.e., 0.22 mg/l (breath) or 0.5 % (blood) under Belgian law. Either condition constitutes a breach of the Terms and Conditions.
"Kilometer Credit" means the monthly mileage credit included in the Monthly Fee that can be traveled without additional costs.
"Monthly Fee" means the monthly fee paid by Users for Poppy Lease services, covering the use of the Services and of the Vehicle for one month.
"Platform" means the internet platform managed by Poppy, enabling registration and monitoring of use of Poppy Lease Services.
"Poppy Lease's Customer Support" means Poppy's Customer Support for Poppy Lease Users that is available at +32 2 586 20 44 or lease@poppy.be, it being understood that any urgent information or queries should be communicated by telephone and all other communications should be made by email.
"Rental Period" means the period during which the User has possession and control of the Vehicle, starting immediately after the Vehicle has been delivered to the User and ending when Poppy, an authorized representative or an external partner collects the Vehicle from the User.
"Service(s)" means the services provided by Poppy through the Platform to enable Users to use a Vehicle in accordance with these Terms and Conditions.
"Total Loss" is the situation where the repair costs are higher than the book value at the time of the accident deducted by the wreck value. In such cases, it is not economically justified to repair the Vehicle.
“Unauthorized Use” refers to any use of the Vehicle by a person other than the User who was not explicitly approved in advance by the Poppy Lease Team.
"Under influence" refers to operating a Vehicle while any substance (including alcohol, drugs or medication) affects the ability to drive, as judged by behavior or clinical signs.
"User" means a person over the age of 23 who has been accepted by Poppy in accordance with Article 3 to use the Services, make bookings and use the Vehicles in accordance with the Terms and Conditions. The User expressly confirms that they are over 23 years of age, hold a valid driving licence and meet the specific requirements of the Terms and Conditions if they choose to use a Vehicle.
"Vehicle" is a car or van owned or leased by Poppy and made available by Poppy in order to enable Users to use the Services.
2. SUBSCRIPTION AND IDENTIFICATION
Upon subscription, the Applicant, to become a User, must at least provide the following information:
name;
date of birth;
login details (email address and password) for the Platform;
home address;
phone number;
details of the payment method used or any other information as might be requested by Poppy and/or the third-party payment provider, as applicable, to enable (i) the User to pay and (ii) Poppy and/or the third-party payment provider to receive the payment of the Fees or any other amounts due under the Terms and Conditions;
any documents that may be requested by Poppy for identification and insurance purposes by the Insurer, such as a copy of the Applicant's ID, a copy of the driver's license, etc.; and
any other information that may be requested at any time by Poppy, electronically or physically, to enable Poppy to make the Vehicle and Services available to the User and to verify, at any time, the Applicant's compliance with the requirements to be accepted as and to remain a User.
Applicants must also provide their credit or debit card details, as well as all documents requested by Poppy for identification related to insurance or credit‑check purposes, such as proof of address and/or copies of payslips or equivalent. Business-to-consumer (B2C) Applicants must provide a credit or debit card that is in the name of the Applicant, third-party credit or debit cards are not accepted. Certain information may also be collected by third-party service providers in compliance with applicable legislation.
The User guarantees that all personal data provided on or through the Platform is, at all times, accurate, complete, current, and truthful. The User undertakes to promptly update their account information without undue delay in the event of any change to such data. This includes, without limitation, the User’s residential address, email address, (mobile) telephone number, driver’s license details, and payment information. Poppy reserves the right, at its sole discretion, to temporarily suspend, restrict, or deactivate the User’s account if any personal data is found to be inaccurate, incomplete, outdated, or misleading, or if the User fails to comply with this obligation.
Any Applicant wishing to use a Vehicle must also provide a declaration on oath by checking the appropriate boxes confirming they agree on an ongoing basis at all times during their use of the Services, with the following statements:
"I have my full driving license category B and I had no license withdrawal over the last 5 years.”
"I declare that I have not had more than 1 issue claim (at fault) during the last 5 years."
"I will not drive under the influence of alcohol, drugs, medicines or other substances that might reduce my ability to drive."
"I declare that I have not been refused by an insurer for automobile third party liability during the last 5 years. I declare that the insurer has not terminated my automobile third party liability insurance during the last 5 years."
"I declare that I do not suffer from any handicap or from any disease likely to reduce my ability to drive."
"I declare that in case of non-compliance with the Terms and Conditions, I am personally liable for all damage to the Vehicle and to third parties."
"I understand that the insurer has a right of recourse against me or may refuse the cover for the cases provided for in the General conditions of the insurer."
The Applicant acknowledges and agrees that Poppy may, in order to verify the Applicant’s identity and the information provided, contact any insurance company, credit reference agency, authority or other intermediary offering identity verification services and provide information to the same entities in the event of queries from them. Poppy will determine, at its sole discretion, whether an Applicant is accepted as a User. Poppy may at any time decide to withdraw this acceptance as User. The Account is strictly personal. The User shall not give, lend, sell, transfer possession of, or otherwise allow any third party to use or drive the Vehicle rented through their Account. Any use of the Account or Vehicle by a third party is entirely at the User’s own risk. The Account holder remains fully responsible and liable, towards Poppy and any third parties, for all actions, damages, fines, or losses resulting from such Unauthorized Use. If the User suspects that a third party is using their Account (for example, due to loss, theft, or damage of their phone or access device), the User must immediately notify Poppy Lease’s Customer Support via +32 2 586 20 44 or lease@poppy.be. In such cases, Poppy reserves the right to suspend or restrict access to the Account until the matter has been investigated and resolved.
3. ACTUAL USE OF SERVICES AND VEHICLES
Only Users may use the Services, it being understood that the rights granted to any User shall at all times be limited rights of use and shall in no way be considered as a transfer of ownership of the Vehicles.
Users may use the Services subject to payment of a Monthly Fee and, where applicable, additional fees, in accordance with the Terms and Conditions and the Contract.
3.1 Reservation of Vehicles
In order to rent a Vehicle, the User shall select an available Vehicle through the Platform and choose a rental period. All bookings are subject to availability and Poppy cannot guarantee that a booking made through the Platform will be accepted by Poppy or executed.
After Poppy has processed a User booking and confirmed that Poppy is able to fulfill it, Poppy will automatically deduct the deposit from the payment method linked to the User’s Account. Once the Deposit is received by Poppy, the User will be provided with confirmation of the concluded Contract by email, at the latest before the commencement of the Services. If a Contract covers several Vehicles, the User shall pay one (1) Deposit per Vehicle. Prior to receiving the Contract for signature, the User must provide Poppy with a valid copy of their driver’s license. Following receipt of the driver’s license and payment of the Deposit, Poppy shall provide the User with the Contract, which must be duly signed and returned before the Services commence.
The Terms and Conditions form an integral part of the Contract, as do the terms and conditions of the insurer. The Terms and Conditions may be consulted at any time on the Platform and on the Poppy website.
Pursuant to Article VI.53, 12°, of the Belgian Code of Economic Law, the User has no right of withdrawal for Poppy Lease Services. A User may however cancel their order at any time as long as they have not yet taken possession of the ordered Vehicle, subject to payment of a cancellation fee of fifty (50) euros to cover the handling of the file. In this case Poppy will refund the Deposit and the first Monthly Fee (if already paid) as soon as reasonably possible and in any case within fourteen (14) Days after receipt of the cancellation, with a deduction of the cancellation fee.
3.2 Vehicle Delivery and Access
Once the Contract has been signed (as described in Article 3.1), Poppy has received the Deposit and your Vehicle is ready, Poppy will reach out to the User to plan the delivery of the Vehicle to the address chosen by said User in Belgium or to organize a pick-up of the Vehicle at a delivery point specified by Poppy.
The User must collect the Vehicle at the time and place agreed upon with Poppy.
The Vehicle may be delivered anywhere in Belgium (against additional fees that will be detailed when booking this service) or picked-up at the delivery point specified by Poppy.
Upon delivery or pick-up, the User will be requested to show their identity card, driving licence and credit or debit card (the one that will be used for payments, which must be in their name or in the name of a person accompanying them when they receive the Vehicle).
If the delivery of the Vehicle cannot take place for reasons attributable to the User, Poppy reserves the right to charge the User for the costs incurred in returning the Vehicle to Poppy. This includes, but is not limited to, when the User is not at the agreed location at the time of delivery, if the person present cannot prove they are the User who registered for said Vehicle, or any other situation caused by the User that prevents successful delivery.
Upon delivery, the User shall carry out a joint inspection of the Vehicle together with the delivery representative, which shall include a visual inspection of both the exterior and interior of the Vehicle in order to identify any visible damage or defects. Any such damage or defect observed during the inspection must be expressly communicated to the delivery representative prior to acceptance of the Vehicle and shall be documented, including by means of clear photographic evidence.
If, following this inspection, the User accepts the Vehicle, the User shall sign the delivery receipt, thereby confirming that: (i) the Vehicle is in good condition, meaning that it functions properly and that both its interior and exterior are in good condition; (ii) all necessary accessories are present, including, for example, documents, keys and charging cables; (iii) the Vehicle corresponds to the Vehicle ordered; and (iv) the User unconditionally accepts the Vehicle.
The risk of loss or damage to the Vehicle passes to the User at the moment the User takes physical possession of the Vehicle, which occurs upon receipt of the key or the signing of the delivery receipt, whichever comes first. If the User fails to report any damage or defect that could reasonably have been detected during the inspection or immediately upon starting the engine, and such issue was not reported at that time, the User shall be deemed to have accepted the Vehicle in good condition and shall be liable for the corresponding damage or defect identified later.
3.3 Vehicle Use
Each Account, Rental Period and corresponding Contract is strictly personal. A Vehicle may only be used and driven solely by the User associated with the Account through which the Contract was requested. It is strictly prohibited to allow any other person to rent, use, or drive the Vehicle rented by the User. The Account holder remains fully liable for any fines, damages, or misuse resulting from such Unauthorized Use. The User expressly acknowledges that no third party may use or drive a Vehicle that was rented with their Account, except in cases of force majeure or other circumstances beyond the User’s reasonable control, and only if Poppy Lease’s Customer Support is immediately notified. Exceptionally, and upon Poppy’s prior written authorization, another registered User may be permitted to drive the Vehicle as long as the third party is in accordance with Article 2.2 above. In such cases, that authorized User shall be covered by the insurance provided under these Terms and Conditions. Any use of a Vehicle by a third party who is not a registered and priorly expressly authorized User is strictly prohibited and not covered by insurance. Any damage, accident, or incident arising from such Unauthorized Use shall be the responsibility of the original User who enabled or permitted it, without prejudice to any penalties, administrative fees, or other remedies Poppy may apply.
The User is allowed to take a Vehicle and travel out of the country within the Schengen area. If for any reason the Contract ends while the Vehicle is located outside Belgium, the User shall be liable for any cost of repatriating the Vehicle (including the cost of sending a person to the location) if the User does not return the Vehicle to Poppy within three days.
The Monthly Fee includes a Kilometer Credit, representing the number of kilometers the User may drive with the Vehicle without incurring additional charges. Any unused Kilometer Credit for a given month shall automatically accumulate and remain available for use throughout the Rental Period. If the User drives more kilometers than their available Kilometer Credit, each additional kilometer shall be charged at the applicable extra-kilometer rate as set out in the Contract. The User will receive a periodic invoice for any additional kilometers driven. If, for any reason, no such invoice has been issued, the User must proactively notify Poppy’s Customer Support if the excess mileage exceeds one thousand (1,000) kilometers, in order to avoid a high adjustment invoice at the end of the Contract. The User agrees not to drive more than a total of five thousand (5,000) kilometers per month with the Vehicle. Poppy reserves the right to apply additional charges (as set out in Article 8.1.b.2), suspend the Rental Period, or terminate the Contract in case of any mileage beyond this limit. If the User suspects an odometer malfunction or any issue affecting the accurate recording of mileage, they must promptly notify Poppy Lease’s Customer Support by email.
Without prejudice to Article 3.3.3 above, the User may, at any time during a given month, proactively purchase one or more additional kilometer or mileage packs (“Extra Mileage Pack”) if the User reasonably anticipates that they will exceed their available Kilometer Credit for that month. The purchase of an Extra Mileage Pack shall increase the User’s available Kilometer Credit by the number of kilometers included in the selected pack. Extra Mileage Packs are subject to applicable pricing and any conditions communicated by Poppy at the time of purchase. Unless expressly stated otherwise, purchased Extra Mileage Packs shall be non-refundable and may be subject to an expiration period as defined by Poppy. Any kilometers driven in excess of the total available Kilometer Credit, including purchased Extra Mileage Packs, shall be charged in accordance with the applicable extra-kilometer rate as set out in the Contract.
Without prejudice to any prohibition, obligation or guidelines with respect to the use of a Vehicle as set out in these Terms and Conditions or by law, the User undertakes:
to use and operate the Vehicle as a prudent and reasonable person;
to use and operate the Vehicle in accordance with the operating manual, the driver's handbook, the Vehicle documentation and the manufacturer's specifications;
to exercise caution and pay particular attention to pedestrians and other road users (especially when the Vehicle is electric and therefore makes almost no noise);
to comply at all times with the traffic regulations set out in the Royal Decree of 1 December 1975 laying down general regulations on road traffic policing and the use of public roads (‘the Highway Code’), as well as the penal provisions established in the Act of 16 March 1968 on road traffic policing (‘the Road Traffic Act’), and any other applicable statutory rules and regulations relating to the use of the Vehicles on public roads, including any (temporary) changed traffic situations;
to safely and legally park the Vehicle;
to drive safely and fuel-efficiently;
to use The Vehicle on publicly accessible, paved roads. Any off-road use, including use on unpaved surfaces, fields, forests, beaches, construction sites, or any terrain not intended for normal road traffic, is strictly prohibited.
In the event of excessive speeding, abrupt maneuvers, reckless or dangerous driving, joyriding, or any other conduct that may endanger traffic safety or cause damage to the Vehicle, as reasonably determined by Poppy based on telematics data or other evidence, Poppy reserves the right to:
(i) suspend or terminate the ongoing Rental Period and immediately block further use of the Vehicle; or
(ii) take any other action deemed appropriate to protect safety and property.
In all such cases, the User remains fully liable for payment of the Rental Period and must reimburse Poppy for any costs, losses, penalties, or damages incurred as a result of their conduct (for example, fines due to incorrect parking or traffic violations).
The User must strictly comply with the manufacturer’s instructions applicable to the brand and type of the Vehicle with respect to maintenance, servicing, technical inspection, repairs and tyre replacement. All maintenance, repairs, damage repairs, part replacements and tyre replacements may only be carried out by Poppy. Whenever maintenance, repairs or replacements are required in accordance with the manufacturer’s instructions, it is mandatory for the User to request and obtain Poppy’s prior approval before any intervention is carried out, by contacting Poppy Lease’s Customer Support via email at lease@poppy.be. Any maintenance, repair, replacement or intervention carried out without Poppy’s prior approval shall be at the User’s sole risk and expense. If the Vehicle requires repair, replacement or additional maintenance as a result of the User’s negligence, lack of proper maintenance, carelessness, misuse, inappropriate actions or wrong decisions, the User shall bear all associated costs related thereto, without prejudice to any other rights or remedies available to Poppy under these Terms and Conditions.
If the User causes damage to the Vehicle or suffers any damage during their Rental Period, regardless of whether such damage is minor or major, the User is obligated to follow the procedures stated in Article 7 of these Terms and Conditions. The User is responsible for any loss, dirt, damage, or costs related to their Rental Period.
3.4 Ending a Rental Period & returning the Vehicle
A vehicle check-out procedure shall be conducted by Poppy’s operational team at the end of the Rental Period at the agreed upon time and place as stipulated in Article 4.6. This procedure includes photographic documentation of the Vehicle’s condition and verification of the identity of the person returning the Vehicle. The findings of this check-out inspection will be compared to the check-in report completed at the start of the Rental Period. Any discrepancies, damages, or irregularities identified may result in liability for the User in accordance with these Terms and Conditions.
If, at the time of check-out, the Vehicle is excessively wet, dirty, or otherwise in a condition that prevents Poppy from carrying out a reliable inspection on location, Poppy may take the Vehicle to a carwash or cleaning facility. After cleaning, Poppy will perform the check-out inspection where appropriate in the absence of the User. The User expressly accepts that this post-cleaning inspection is valid, non-contestable and binding, and any damages, discrepancies, or irregularities identified during this inspection may give rise to liability for the User. The costs of the cleaning will be charged to the User.
The User acknowledges and agrees that the cleaning services performed after the Rental Period are standard professional cleaning procedures that do not cause structural or mechanical damage to the Vehicle. Such cleaning may include, but is not limited to, interior and exterior washing, vacuuming, stain removal, and surface treatment using industry-standard products and methods. The User may not dispute damages identified after cleaning on the sole basis that such damages allegedly occurred as a result of the cleaning process.
3.5 Parking
The User is fully liable for all parking charges, penalties, fines, towing fees, or any other costs arising from the use, operation, or parking of the Vehicle during their Rental Period. If any such amounts are claimed from or imposed on Poppy as the registered owner or holder of the Vehicle, Poppy is entitled to recover these amounts from the User, including any related administrative or processing costs as stated in Article 8.1.b.2 of these Terms and Conditions. Poppy may charge these amounts directly to the payment method associated with the User’s Account or include them in a subsequent invoice.
3.6 Recharging and refuelling
The User is responsible for all costs related to fueling and/or electric charging of the Vehicle. Poppy shall not, under any circumstances, be liable or required to reimburse the User if a Vehicle becomes inoperable due to insufficient fueling or electric charging. The User shall bear all costs, including relocation, refueling or recharging, and any repair costs, resulting from a lack of fuel or charge, or from improper refueling or recharging of the Vehicle (for example, using an incorrect fuel type or charging connector). At the end of the Rental Period, when the Vehicle is returned to or collected by Poppy, it must have a full fuel tank (for petrol, diesel, CNG, or hybrid vehicles) and/or a fully charged battery (for electric or hybrid vehicles), as was the case at the start of the Rental Period. If this requirement is not met, a Fueling/Charging Fee will be charged to the User to cover the related costs of refueling or recharging as stated in Article 8.1.b.2 of these Terms and Conditions.
4. RENTAL PERIOD DURATION
The Rental Period starts immediately after the Vehicle is delivered to the User and will initially last for one (1) month. It will then be automatically renewed every month. Other duration systems may be offered, in which case point 4 of this article shall prevail over the points 1, 2 and 3 of this article (e.g., fixed Rental Period over six (6) or twelve (12) months).
The User may terminate their Rental Period at any time by giving written notice via the Platform at least fourteen (14) Calendar Days prior to the automatic renewal of the Rental Period.
Any termination notice submitted less than fourteen (14) Calendar days prior to the automatic renewal date of the Rental Period shall not take effect for the upcoming renewal period. Instead, such termination will be effective only at the end of the following Rental Period.
In case of a fixed Rental Period superior to one month, Poppy or the User may terminate the Contract at the end of said fixed Rental Period by giving a written notice to the other party at least one (1) month prior to the end of the relevant Rental Period. If the Rental Period is not terminated, points 1, 2 and 3 of this article shall apply as from the end of the initial fixed Rental Period. Any termination by the client of a fixed Rental Period prior to the end of said fixed Rental Period is subject to the payment of a termination indemnity equal to 30% of the total value of the remaining, non-performed portion of the contract.
After the termination notice is issued, the Rental Period will continue until the scheduled termination date, and the User may use the Vehicle until it is returned to Poppy in accordance with Poppy’s instructions. All obligations and restrictions under Article 3.3.5 remain in full force during this period, including those concerning the safe, legal, and responsible use of the Vehicle. Should the User violate these rules, Poppy reserves the right to terminate the User’s access to the Vehicle before the end of the Rental Period without any indemnification nor compensation and will bear no liability nor responsibility for the termination due to User's violation of the rules.
Poppy will provide the User with instructions for returning the Vehicle. If the Vehicle is not returned to Poppy by the agreed date and time (only on Business Days during office hours), or if, due to the User’s actions or failure to comply, Poppy is unable to pick up the Vehicle at the agreed date, time, and location, Poppy may reclaim the Vehicle unilaterally. In such cases, the User shall be liable to pay a daily compensation of 50 EUR for each day the Vehicle is not returned, as well as all costs incurred by Poppy for the repossession of the Vehicle. Furthermore, if the Vehicle keys and/or documents are not returned at the end of the Rental Period, the User shall bear the full cost of replacing the Vehicle documents and keys as set out in Article 8.1.b.2.
After the Vehicle is returned to Poppy and it is verified that the Vehicle is in the same condition as documented in the delivery inspection pursuant to Article 3.2.6, Poppy will reimburse the Deposit at the latest two months after the Vehicle has been returned, except in the case of unpaid Fees by the User, or any other amounts due under the Contract or these Terms and Conditions. Poppy reserves the right to deduct from the Deposit any such outstanding amounts, including but not limited to unpaid Fees, damages, penalties, or other charges identified before, during or after the checkout inspection.
Notwithstanding the foregoing, Poppy shall be entitled to withhold all or part of the Deposit until any inspection, damage assessment, expert evaluation, or determination of a Total Loss (including insurance review, where applicable) has been fully completed and the corresponding costs, liabilities, or outstanding amounts have been determined.
5. USER PROHIBITIONS
The User shall have no other rights than limited user rights granted pursuant to these Terms and Conditions. The User expressly acknowledges and agrees not to claim any ownership rights over any Vehicle.
The User expressly acknowledges and agrees that is forbidden to (attempt to) or allow passengers to:
rent the Vehicle out, or allow a third-party to use it;
use the Vehicle for commercial purposes such as providing courier, transport and delivery services;
transporting dangerous, flammable, toxic or other hazardous substances in quantities exceeding normal household amounts;;
transporting objects that could cause injury, damage to the Vehicle, adversely affect driving safety and/or that are prohibited by law (in particular because of their shape, size or weight);
drive in cargo loading areas of ports, stations and airports;
transporting infants and young children without complying with the law;
transporting more passengers than there are seat belts in the Vehicle if it is a car or van;
transport animals (except domestic animals in an enclosed cage in the trunk);
soil or damage the Vehicle;
eat or drink such food or beverage that may spill in the Vehicle;
smoking in the Vehicle or allowing passengers to smoke, including e-cigarettes or other vaporizers;
remove any items or equipment attached to the Vehicle;
carry out or allow third parties to carry out repairs or modifications to the Vehicle (including dismantling);
open the hood of a Vehicle or any compartment that is not normally intended to be opened;
tow trailers, vehicles or other objects;
overload the Vehicle;
dismantle or tamper with the Vehicle (or attempt to do so);
commit criminal or immoral acts through the use of the Services or the Vehicle;
drive while using a mobile communication device that may distract the User;
drive under the influence or intoxication of alcohol, drugs, or medication (as defined in Article 2.3);
use the Vehicle for motor sports, speed trials, speeding contests, driving of racing circuits or racing;
use the Vehicle to participate in a bet or challenge;
use the Vehicle for tests, driver training or off-road driving;
jump-start other vehicles;
using the Vehicle for advertising purposes;
in general, violate any applicable law when using the Services or the Vehicle.
6. GENERAL NOTIFICATION OBLIGATIONS
Without prejudice and in addition to any other notification obligations as set out in the Terms and Conditions, the User must immediately notify Poppy Lease's Customer Support and cease their use of the Services and the Vehicles, if any of the following occurs:
if any of the User's information provided under Article 2 of these Terms and Conditions changes;
if the User no longer complies with the declarations on oath as set out in Article 2;
in case of revocation, withdrawal, restriction or suspension of the User's driving licence, either temporarily or permanently;
in the event of any prohibition on driving or using the Vehicle (in particular for medical reasons, as a result of offences or in the event of restrictions imposed by an authority or the police);
in the event of an accident involving the Vehicle during the Rental Period.
7. IN CASE OF AN ACCIDENT
In the event of an accident involving the Vehicle, or if any damage or injury is caused to any person or property following the use of the Vehicle, the User must:
contact Poppy Lease's Customer Support within 48 hours by phone at +32 2 586 20 44 and by email lease@poppy.be. The User will follow the instructions given by the Poppy Lease Team on how to handle the situation and co-operate;
Call Ethias immediately by telephone +32(0)11/28.24.00 and say you are a Poppy Lease client;
report to the police, if needed, but in any event if a third-party is injured, third-party property is damaged or if the third party flees the scene of the accident and/or refuses to complete and sign the European Accident Statement;
send a copy of the police report, if one was made, and the police report reference number to Poppy Lease's Customer Support via email within 48 hours;
stay at the scene of the incident until advised otherwise by Poppy or by the police;
abstain from any admissions of liability to other parties or of fault;
obtain contact info of other parties (including witnesses);
Fill in the European Accident Statement accurately and in full, and sign it with all involved parties;
Take multiple clear photos of the accident scene and all visible damage;
Send an email to Poppy Lease's Customer Support within 48 hours including the fully completed European Accident Statement and all relevant photos (including Vehicle documents, chassis number, all four corners of the Vehicle, and the dashboard showing mileage).
In the event an accident occurs with an electrical Vehicle, the User must inform any present emergency services providing assistance that the Vehicle involved is an electrical Vehicle.
8. FEES, CHARGES AND PAYMENTS
8.1 Poppy Lease Services
a) Monthly Fee
The Monthly Fee shall cover (i) the use of the Services and the Vehicle for a period of one (1) month and (ii) all costs related to the rental of the Vehicle, including the mandatory insurance, subject to an own risk per damage as specified in the Contract. Where the driver is aged twenty-six (26) years or under, an additional amount of 500 EUR may be charged in excess of the applicable own risk.
The Monthly Fee shall further include tire replacement (limited to normal wear and tear), oil changes and routine maintenance (limited to normal use), registration and road taxes, as well as the provision of a replacement Vehicle within two (2) Business Days where the Vehicle is immobilized for more than twenty-four (24) hours due to a defect attributable to Poppy.
The amount of the Monthly Fee shall depend on the type and model of Vehicle the User has selected and shall be indicated on the booking screen. The first Monthly Fee shall be charged on the date of delivery of the Vehicle and shall automatically renew and be charged on a monthly basis thereafter.
For Flexible Contracts only, Poppy reserves the right to modify the Monthly Fee from time to time. In such a case, the User shall be notified in advance by email. If the User does not agree with the modified Monthly Fee, the User may terminate the Contract in accordance with these Terms and Conditions.
In addition, Poppy reserves the right to apply indexation to the Monthly Fee for both Flexible Contracts and Long-Term Contracts in accordance with applicable indexation mechanisms.
b) Exclusions and Additional Costs
The following costs and fees are not included in the Monthly Fees and the User expressly agrees to pay them accordingly:
Any fines or penalties resulting from the User’s behaviour or actions, including but not limited to traffic, criminal, or accident-related offences;
Any costs or fees relating to damage to the Vehicle, including damage resulting from a case of force majeure while the Vehicle is in the User’s possession (such as, but not limited to, storms, hail, theft, vandalism, explosion, or fire);
Any costs related to the general use of the Vehicle, including fuel, electricity, parking fees, tolls, or similar charges.
Poppy may also invoice the User for their use of the Vehicle in specific cases, in accordance with the applicable price list (prices including VAT), without prejudice to Poppy’s right to claim any additional costs or damages:
additional Fees in the event the User exceeds the Kilometers Credit: the rate per additional kilometer is specified in the Contract and shall apply to each additional kilometer, up to a maximum of 5000 km. 0,35 EUR per additional kilometer that exceeds the limit of 5000 km
processing of traffic and parking offences (on top of the amount of the fine, due by the User): 20 EUR/fine and 35 EUR/fine reminder
processing of damages and accidents: 250 EUR
processing of criminal (traffic) offences: 150 EUR
loss of revenue: a daily fee, calculated on a pro rata basis based on the applicable Monthly Fee, for each day the Vehicle is unavailable due to the User
cleaning fee (if the Vehicle has not been clean before check out): 75 EUR
special cleaning fee (e.g., due to heavy soiling or smoking in the Vehicle): from 150 EUR to 500 EUR (for smoking smell and dog smell)
loss or theft of key: price of the new key (incl linking the key to the car at the garage) + 100 EUR of administrative follow up
delivery fee: depends on the distance between the warehouse and the delivery location. The exact prices are listed on the website
cancellation Fee: 50 EUR, will be deducted from the deposit made by The User
use of the Vehicle in an unauthorised country: 200 EUR
delivery/pick up failure Fee: 200 EUR
fuel tank/battery Fee (at end of the Rental Period): between 30 EUR and 100 EUR depending on the fuel tank/battery + 50 EUR of administrative fee
fee for previously authorized second driver: 25 EUR per month
unauthorized Use of the Vehicle by a third party without the prior written consent of Poppy, as defined in Article 3.3.1: 500 EUR
Vehicle pick-up because of violation of these Terms and Conditions (including for unpaid invoices): 250 EUR (on top of the real costs of said pick-up)
if the User fails to return the Vehicle on time, Poppy may reclaim it and charge 50 EUR per day of delay, plus any recovery costs
if the Vehicle documents are missing, Poppy will charge 100 EUR for a replacement for the certificate of registration and 121 EUR for a replacement for the certificate of conformity, plus the applicable daily fee for loss of revenue
in the event of any breach or non-compliance of the Contract or these Terms and Conditions by the User, an administrative fee of 250 EUR may be charged
8.2 General Payment Terms
a) Payment Procedures and User Obligations
Unless otherwise provided in these Terms and Conditions, the Fees cover the User’s right to use the Vehicle and the cost of the mandatory insurance, without prejudice to Poppy’s right to seek indemnification. Notwithstanding the foregoing, Poppy reserves the right to claim indemnification for any damages or losses resulting from the User’s non-compliance with these Terms and Conditions.
Fees and any other amounts due under these Terms and Conditions (including the costs referred to above) shall be automatically charged by the applicable third-party payment provider and debited from the payment method chosen by the User. Payments are subject to the terms and conditions of the applicable payment provider, and Poppy shall not be liable for any damages arising out of or in connection with the payment services provided by such third party. If the exact amount due is not yet known, Poppy may estimate this amount and debit it as a security from the User’s chosen payment method, with prior notification by email. The User may contest this deduction by notifying Poppy within three (3) Calendar Days after the deduction or receipt of the email. In the absence of such notification, the deduction shall be deemed irrevocably accepted by the User. In case of a timely dispute, Poppy will inform the User whether or not the deduction will be adjusted.
Poppy reserves the right, in certain circumstances, to withhold an amount of 0,01 EUR or 0,02 EUR from the User's chosen payment method in order to verify its validity or to withhold a provisional amount from the User's chosen payment method once a Rental Period has begun.
All Users can obtain an overview of their past or active Rental Periods directly in the Platform.
The amounts due that are not yet paid by the User to Poppy must in any case be paid by the User within five (5) Calendar Days from the time they are incurred or by the date stated on the invoice issued by Poppy.
If any Fees are not paid on their due date, Poppy will send the concerned User one (1) reminder asking them to check their payment method details and make sure the payment succeeds immediately. At the same time, Poppy reserves the right to (temporarily) suspend its obligations under the Contract, including blocking the use of the Vehicle, and restricting access to the Services, until full payment of all amounts due has been received. If the payment of the Fees has not been received within fifteen (15) Calendar Days following their due date, Poppy also has the right to immediately terminate the Contract, in which case the User will be informed by email. In such event of termination due to the User’s breach, the User shall remain liable for all amounts due up to the date of termination and shall also be required to pay a termination indemnity equal to 30% of the total value of the remaining, non-performed portion of the Contract, without prejudice to Poppy’s right to claim additional damages.
In the event of late payment, the User shall be liable to pay Poppy a fixed compensation and late payment interest. Such compensation and interest shall apply immediately and without prior formal notice, except where the User qualifies as a consumer under the Belgian Code of Economic Law. In that case, a first reminder will be sent by email at no cost, granting the User a final period of fourteen (14) Calendar Days to settle the outstanding payment.
b) Interest and penalty rates
If the User is a consumer as defined in the Code of Economic Law, the applicable legal interest rate will be the reference rate plus eight (8) percentage points referred to in Article 5, paragraph 2, of the Law of 2 August 2002 concerning the fight against late payment in commercial transactions (or any law replacing it). The fixed compensation due will be:
20 EUR if the outstanding amount is less than or equal to 150 EUR;
30 EUR plus 10% of the amount due on the portion between 150,01 and 500 EUR if the outstanding amount is between 150.01 and 500 EUR;
65 EUR plus 5% of the amount due on the portion over 500 EUR, with a maximum of 2,000 EUR if the outstanding amount exceeds 500 EUR.
If the User is not a consumer as defined in the Code of Economic Law, the applicable legal interest rate will be the higher of the consumer rate or twelve percent (12%) per annum. The fixed penalty payable will be:
200 EUR if the outstanding amount is less than or equal to 500 EUR;
350 EUR if the outstanding amount is greater than 500 EUR.
Poppy shall also have the right to deactivate or suspend the Account, withdraw the User’s approval, or terminate the User’s use of the Services at its sole discretion.
Poppy may engage third parties to collect outstanding balances from the User. In such cases, and to the extent permitted by law, the User shall pay all collection and similar costs associated with the recovery of the debt. In all cases, the maximum fixed compensation provided for by law will be payable by the User.
This Article will survive the termination of the Contract or these Terms and Conditions.
9. LIABILITY
9.1 Poppy Liability
Poppy shall only be liable for (i) fines imposed as a result of a defect in the Vehicle, which was not easy to notice immediately after starting the engine; and (ii) damage or loss as a direct result of Poppy's violation of these Terms and Conditions.
Poppy shall in no way be liable for (i) any delay or failure to perform any of its obligations under the Terms and Conditions in the event of force majeure or any other cause beyond its reasonable control, including but not limited to, power outage, explosion, fire, war, strike and terrorism; (ii) loss, theft or damage to any property belonging to the User which would have been left in a Vehicle; or (iii) loss or damage in any way connected with any act or omission of the User in the use or operation of a Vehicle or in connection with these Terms and Conditions.
In no event will Poppy be liable to the User for any indirect, consequential, special or incidental damages or losses, including any loss of profit or loss of business for any reason whatsoever in connection with the Terms and Conditions, the Platform, the Services or the Vehicles, even if Poppy has been advised of the possibility of such damages or such possibility could reasonably be foreseen.
There shall be no exclusion or limitation of Poppy's liability for death or personal injury caused by its negligence or wilful misconduct or for fraud on its part.
In no event shall Poppy's total liability exceed two thousand five hundred (2.500) EUR.
Any exclusion or limitation stated shall apply to the maximum extent permitted by applicable law.
9.2 User Liability
The User acknowledges to be liable for any damages, losses and costs arising out their non-compliance with these Terms and Conditions, including but not limited to:
any loss of or damage caused to the Vehicle;
any loss or damage caused to the accessories or individual Vehicle parts;
any related ancillary expenses (like, for example, towing costs);
any penalty imposed in respect of parking or driving offences;
any failure to submit the European Accident Statement within the required timeframe, in accordance with Article 7.1 of these Terms and Conditions, or any “hit and run” behavior in connection with an accident;
any driving under the influence or intoxication of alcohol, drugs or medication, as defined in Article 2.3 and any third-party claim;
any damage resulting from reckless driving, including but not limited to frequent or severe speeding, harsh acceleration or braking, aggressive cornering, and other behavior inconsistent with safe operation of the Vehicle. Poppy reserves the right to rely on trip data (speed, accelerometer, braking pattern) recorded by its technology to demonstrate such use. Reckless driving is defined as any conduct that deviates significantly from reasonable driving behavior, especially when such behavior is found to have directly contributed to an accident or damage;
any refusal or failure of the User to acknowledge and accept the documented damage assessment at check-out, without prejudice to Poppy’s right to determine and recover the applicable damage costs in accordance with these Terms and Conditions;
any loss, damage, cost or liability resulting from the User’s failure to properly secure their Account or access credentials (including, but not limited to, password and/or PIN), or from the disclosure, sharing, or negligent handling of such credentials, including but not limited to failure to secure the device used to access the Platform, failure to apply appropriate security measures, or failure to immediately notify Poppy in the event of loss, theft, disclosure or Unauthorised Use of the Account or suspected security breach. The User shall remain fully liable for all activities carried out through their Account until Poppy has received such notification and has had a reasonable opportunity to take appropriate security measures.
The User undertakes to cooperate fully with any investigation or assessment carried out by or on behalf of Poppy regarding any damage, loss, cost, or incident related to the User’s performance of these Terms and Conditions. After the Vehicle is returned at the end of the Rental Period, in accordance with the check-out procedure set out in Article 3.4, Poppy will arrange for any necessary repairs or cleaning to be carried out by an approved garage or service provider. The User shall be responsible for and will be invoiced for the cost of such repair or cleaning and any additional costs as set out in article 8. The amount invoiced will be based on the charges applied by the garage or service provider that carried out the repair or cleaning.
If the User does not agree with the damage invoice, they must inform Poppy in the same way within 72 hours after receipt of the email. In the absence of timely dispute, there exists an irrefutable presumption that the User has agreed with the report and cost estimate. In case of a timely dispute, the User will have to prove that the expertise of the condition of the Vehicle and the estimate for the cost of cleaning and/or repair are incorrect.
The User acknowledges and agrees that they shall be fully liable for any loss or theft of the Vehicle that occurs due to their negligence during the Rental Period. Negligence includes but is not limited to leaving the Vehicle unlocked, windows not fully closed, failure to secure the keys, leaving the vehicle unattended in high-risk areas, and failure to adhere to traffic and parking regulations. In the event of loss or theft of the Vehicle due to User negligence, the User shall be liable for the full value of the Vehicle at the time of the incident, as determined by the current market value or the replacement cost, whichever is higher. The User agrees to indemnify and hold harmless Poppy against any claims, losses, damages, expenses, or liabilities incurred as a result of the loss or theft of the Vehicle due to User negligence.
If Poppy determines that the damage resulted from a serious breach of the Terms and Conditions (including but not limited to reckless driving, driving under influence or intoxication, failure to report the damage to Customer Support, or failure to submit the European Accident Statement), the full repair cost may be invoiced to the User, even if it exceeds the applicable own risk amount.
The User shall cover all damages, losses and costs and shall receive a damage calculation from Poppy corresponding to the actual amount of said damages, losses and costs. If these damages, losses and costs are fully covered by the Insurer, Poppy will only invoice the User the own risk amount based on their chosen insurance option. The decision whether a vehicle qualifies as an economic Total Loss is based on if the repair costs are higher than the book value at the time of the accident deducted by the wreck value. This designation is final and may only be contested in case of manifest error.
In the event that Poppy calls upon the mandatory automobile liability insurance for any particular damage, loss or cost, the applicable own risk amount shall be due by the concerned User. The own risk amount depends on the Vehicle model and shall be specified in the Contract. For Contracts starting before the first of May 2026, the own risk amount will remain 1,500 EUR. An additional amount of 500 EUR may be due if the User is 26 years of age or under.
This Article will survive termination of these Terms and Conditions.
9.3 Payment and Contestation Procedure
In the event that costs arise from a User's trip (e.g., fines, damages, towing, administrative fees, or other charges), Poppy reserves the right to immediately deduct these costs from the User's selected payment method without prior notice. At its sole discretion, Poppy may choose to defer this deduction for a period of up to seven (7) Calendar Days from the date the cost is identified. During this deferral period, the User will be notified by email of the cost to be charged. This right to defer payment is discretionary and may be applied differently depending on the User's driving history, payment record, or risk profile.
The User has a maximum of seven (7) Calendar Days from the moment Poppy communicates the cost (by email) to dispute the amount. If no dispute is received within this period, the amount will be considered accepted and will be charged automatically.
Poppy may, but is not obliged to, notify the User in advance of a charge. The right to deduct costs from the User's payment method is not subject to prior notification, unless otherwise stated in these Terms and Conditions.
10. INSURANCE
Poppy undertakes to maintain, at all times, the legally required general and third-party liability insurance for all Vehicles. The terms, conditions, and insured amounts of this insurance are set out in Ethias’s general terms and conditions, available at the following link:
https://www.ethias.be/content/dam/B2C/general/pdf/general-conditions/cg-auto-fr.pdf (being the car liability insurance “Assurance RC Auto” / “Verzekering BA Auto”)
Despite this insurance coverage, Poppy shall always have the right to recover from the User, and the User shall indemnify and hold harmless Poppy or its insurer, as applicable, in accordance with and subject to Article 9.2.
Optional Damage Cover Packages: Poppy may offer Users the option to reduce their own risk amount in case of damage or loss of a Vehicle by selecting an optional protection package, subject to additional payment and personal eligibility criteria.
Eligibility for such protection may depend on factors including but not limited to the User’s driving history, risk score, seniority, and payment behavior. These options are offered solely as internal liability waivers and do not replace any legal insurance obligations.
The applicability of any reduced financial liability remains subject to strict compliance with the Terms and Conditions (including those concerning reckless driving, intoxication, timely communication, and proper reporting of any damages).
Poppy reserves the right to offer certain products, services, or insurance options only to selected Users. This selection may be based on objective criteria such as the User’s age, driving history, number of completed trips, driving behaviour, and/or an internally assessed risk score. This decision will always be taken without any form of unlawful discrimination and in line with the applicable data protection laws.
⚠️ Regulatory disclaimer: The Optional Damage Cover Packages offered by Poppy are not insurance products within the meaning of Belgian law and do not constitute insurance intermediation. These options are internal contractual waivers of liability granted by Poppy under specific conditions and remain subject to the Terms and Conditions.
11. DISCLAIMER OF WARRANTIES
THE USER TAKES POSSESSION OF ANY VEHICLE AND ANY OPTIONAL ACCESSORY “AS IS” AND POPPY EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO ANY VEHICLE AND ANY OPTIONAL ACCESSORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN TRANSPORT OF PASSENGERS. POPPY DOES NOT GUARANTEE THE USE OF A PARTICULAR VEHICLE OR THAT A PARTICULAR VEHICLE WILL BE AVAILABLE FOR USERS AT A GIVEN TIME AND MAY REMOVE A VEHICLE FROM SERVICES AT ANY TIME IN ITS SOLE DISCRETION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS ARTICLE WILL SURVIVE TERMINATION OF THE CONTRACT OR THESE TERMS AND CONDITIONS.
12. INTELLECTUAL PROPERTY RIGHTS
The Platform (in object code and source code form), underlying models and algorithms of the Platform, the Poppy brand and logo, including any rights, title and interest (including intellectual property rights) therein, shall at all times remain the sole and exclusive property of Poppy and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation intellectual property rights) therein pursuant to the Contract or these Terms and Conditions, except for the limited user rights expressly provided in the Terms and Conditions. In the event, notwithstanding any prohibition thereto, the User modifies or creates derivative works of the Platform, Poppy shall own all rights, title and interest, including any intellectual property rights, in and to such modifications and derivatives and the User hereby assigns any such rights, title and interest in such modifications and derivatives, free of charges to Poppy.
The User agrees (i) not to remove any intellectual property notices in the Platform; (ii) not to sell, transfer, rent, lease, grant access or sub-license the Platform or the Account to any third-party; (iii) not to alter or modify the Platform; (iv) not to reverse engineer, disassemble, decompile or attempt to derive source code or object code from the Platform; (v) not to prepare derivative works from the Platform and (vi) not to use or register the “Poppy” logo, trade name or mark or any similar logo, trade name or mark.
13. PERSONAL DATA AND COOKIES
Poppy considers the protection of the User's personal data and privacy to be of the utmost importance. Poppy wishes to give the User as much information and control as possible over the use of its personal data, its confidentiality and the cookies used. Poppy's privacy policy describes how Poppy treats Users' personal data and Poppy's Cookie Policy describes the cookies used by Poppy and the information collected. These documents are readily available on Poppy website.
14. TERM AND TERMINATION
This Agreement is entered into between the User and Poppy as from the Applicant’s creation of an Account and thus subscription to the Platform. The Agreement shall remain in force for an indefinite period until terminated by either party in accordance with the Contract or these Terms and Conditions.
Poppy shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate or suspend an Account or to terminate the Agreement and/or the Contract immediately upon notice via Poppy Lease’s Customer Support if one of the following events occur, or if Poppy has reasonable reasons to believe such event occurred:
The User’s driver’s license is revoked, withdrawn, suspended or restricted, or the User is disqualified from holding or obtaining a driver’s license;
The User fails to pay the Fees or any other amounts due under the Contract or these Terms and Conditions;
A third-party uses and operates a Vehicle during a Rental Period by using the User’s Account;
The User commits a criminal or immoral act or any violation of the applicable traffic laws during or through such User’s use of the Services or the Vehicle;
In general, the User does not comply with the Terms and Conditions, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise;
The User has outstanding, unpaid balances or debts related to other services operated by Poppy Mobility NV, including but not limited to Poppy Share.
For business customers (B2B), in the event of non-compliance or non-payment, Poppy reserves the right to consider such a breach as applicable to all current contracts held by the same legal entity or group, entitling Poppy to reclaim all Vehicles and terminate all Services across the client's account portfolio.
In case of termination of the Agreement, deactivation or suspension of the Account and/or termination of the Contract, the User shall no longer be entitled to use the Platform, the Account, the Services and the Vehicle from the date of termination or for the duration of such deactivation or suspension, as the case may be.
15. GENERAL PROVISIONS AND JURISDICTION
These Terms and Conditions and the Contract constitutes the entire agreement and understanding between the User and Poppy and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter still in force between the User and Poppy. Poppy will keep a record of all contracts entered into with the User in accordance with all applicable legal requirements and these records will be made available to the User upon request to Poppy Lease’s Customer Support.
The User accepts that Poppy shall have the right to notify the User of any changes to these Terms and Conditions. The User’s continued use of the Platform, the Account, Services and any Vehicle following the effective date of a change shall constitute the User’s acceptance of such change. The User shall at all times (in case of non-agreement) be entitled to terminate the Contract in accordance with the Terms and Conditions.
The use of any automated system or software to extract data from the Platform or Poppy's website, including "scraper bots", is strictly prohibited. Poppy reserves the right to take any action it deems necessary to enforce this prohibition, including legal action, without prior notice.
The Platform may be updated from time to time, in particular to implement technological changes, new functionalities, changes in the security features used, as well as to maintain the compatibility of the Services provided with the Agreement. Whenever an update of the Platform is required or is otherwise necessary for the correct use of the Services, this update will be made available to the User at no additional cost. Poppy will provide reasonable notice of any necessary updates. The Platform is considered to be digital content or a digital service and, for the period during which it is to be provided to a User under these Terms and Conditions, Poppy warrants that it complies with the requirements set out in these Terms and Conditions and any other applicable document. In the event of non-conformity, the User is entitled to the statutory warranty and remedies available under the applicable legal framework, including articles 1701/1 et seq of the former Civil Code. This legal guarantee is only valid in the event of a lack of conformity of the Platform. It does not apply to defects in the conformity of other Services provided by Poppy, in particular the rental of a Vehicle.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be automatically limited or altered in order to render it valid or enforceable to the maximum extent permitted under applicable law, and all other provisions of this Agreement shall remain in effect.
The Platform is available in French, English and Dutch.
Unless expressly agreed otherwise, all communications between the Parties relating to the Agreement shall take place electronically, in particular by email. The User agrees that Poppy may use the email address provided by the User in the Account for all such communications. The User is responsible for ensuring that such email address remains valid and accessible at all times. Communications sent by Poppy to the User’s registered email address shall be deemed duly received and shall have the same legal and evidential value as written documents, including handwritten letters, unless mandatory law provides otherwise.
This Agreement is governed by and construed in accordance with Belgian law and any dispute relating thereto shall be subject to the exclusive jurisdiction of the courts of Antwerp (with the exception of disputes with consumer Users, who may submit their claims to any competent court in accordance with mandatory legislation). If necessary, in the event of a dispute, consumers may also contact the online dispute resolution platform (ODR) set up by the European Commission and accessible via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
16. QUESTIONS
If you have any questions about the terms and conditions or the implementation, please contact Poppy Lease’s Customer Support by email at lease@poppy.be.