Valid from 01/07/2026 to now — view archives

POPPY SHARE TERMS AND CONDITIONS

Date of last revision: 01.07.2026

BY ACCESSING OR USING THE POPPY APPLICATION, ANY POPPY VEHICLE OR ANY SERVICE PROVIDED BY POPPY, YOU, THE USER, ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF POPPY'S AGREEMENT AS SET FORTH BELOW (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 APPLICATION AND ON POPPY’S WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF POPPY AND THE TERMS AND CONDITIONS OF THE INSURER, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE POPPY APPLICATION, POPPY VEHICLES OR ANY SERVICES PROVIDED BY POPPY.

By clicking the box confirming acceptance of the Terms and Conditions of Poppy and the terms and conditions of the Insurer, the User acknowledges having read these Terms and Conditions and agrees to be bound by them and 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 Application. If the User continues to use the Application after the effective date of the modified Terms and Conditions, the User will be deemed to have read and accepted the modifications. If the User does not agree to the modifications, they may discontinue use of the Application and close their Account.

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 a mobile application (the "Application") enabling registered Users to use Vehicles from a shared fleet, as provided in 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 in the Application by the User upon subscription, containing personal data.

“Actual Driving Time” means the period of actual use of a Vehicle by a User, commencing immediately upon reserving or unlocking the Vehicle and ending when the Vehicle is properly parked within the Designated Zone and the User has correctly completed the termination of the rental through the Application, it being understood that this duration may not be less than one (1) minute and may not exceed fourteen (14) Calendar Days.

“Agreement” is the formal, legally binding contract between the User and Poppy as soon as the User accepts these Terms and Conditions.

"Applicant" is a person who subscribes to the Application and wishes to be accepted by Poppy as a User to use the Services and the Vehicles.

“Application” means the mobile application managed by Poppy which enables Users to use the Services of Poppy and to use the Vehicles subject to the Terms and Conditions.

“Authorized Parking Space” means any parking location where the parking of a Vehicle is permitted under applicable laws and regulations, including (i) public on-street parking spaces where parking is legally allowed, and (ii) designated parking spaces provided by Poppy or its partners for the use of Vehicles.

"Calendar Day" means every day (24 hours) of the week from Monday to Sunday.

“Counter-Expertise” is a damage assessment requested by the User, carried out at their own expense, by a certified expert recognised under Belgian law.

“Designated Zone” is the area in which Vehicles must be parked by a User after completing their rental period. The Designated Zone is shown on Poppy’s Application and based on the then current geolocation.

"Fees" encompasses the fees a User is liable to pay to Poppy to use the Services and the Vehicles or additional fees and charges that are applicable in specific situations, as set out in Article 7.2.b.

"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.

“Jockey” means an employee of Poppy’s operational team.

“Pause(s)” refers to the service offered by Poppy allowing the User, at their costs, to continue using the Vehicle despite a stop, in such a way that said Vehicle is reserved exclusively to said User. This function can be activated by the User, by selecting the “Pause” feature instead of “Termination”. By selecting the “Pause” feature, the Vehicle will be immediately available to the User when needed by the User. In case of Pausing the Vehicle it must be understood that the User has the obligation to always lock the Vehicle when exiting it. The User may park the Vehicle outside the Designated Zone and/or in private parking zones during the “Pause,” provided that parking in such zones is legally permitted; however, underground parking is strictly prohibited.

"Poppy’s Customer Support" means Poppy's customer support, available via the Application, by telephone on the number displayed on the Application or via hello@poppy.be, it being understood that any urgent information should be communicated immediately by telephone, whereas any subsequent communication, as well as all non-urgent communication, should be made via the Application or by email.

"Rental Period" means the period commencing upon confirmation of the booking and ending only once the Vehicle has been parked properly, safely and in compliance with applicable law within the Designated Zone and the User has correctly completed the termination of the rental through the Application by following the steps mentioned in Article 3.5.2.

“Reserved Vehicle” is a Vehicle reserved by a User.

“Safety Mode” means a security feature allowing Poppy, at its sole discretion, to suspend or terminate a trip in the event of the occurrence or suspected occurrence of specific risk events during the trip.

“Scheduled Ride(s)” means the extra optional service offered by Poppy allowing Users to plan the reservation of a Vehicle in advance, it being understood that a Vehicle will then be delivered for the User at a specific time and close to a given address within the zone allocated by Poppy.

"Service(s)" means the services provided by Poppy through the Application to enable Users to use a Vehicle in accordance with these Terms and Conditions.

"Total Loss" means a situation where the difference between the Vehicle's actual pre-damage value and its salvage value (what is recovered for the damaged Vehicle) is less than the repair cost. In such cases, it is not economically justified to repair the Vehicle. A Vehicle is technically Total Loss when the Vehicle is physically or structurally damaged beyond repair, making it permanently unsafe to drive.

“Unauthorized Use” refers to any use of the Vehicle by a person other than the User associated with the Account through which the Rental Period was requested, unless such a person is a registered User who has received Poppy’s prior express written authorization.

"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 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 meet the applicable driving license requirements for the use of a Vehicle, specifically (i) if the User is younger than 25 years of age, they hold a valid driving license for at least two (2) years without interruption; (ii) if the User is between 25 and 30 years of age, they hold a valid driving license for at least one (1) year without interruption; and (iii) if the User is older than 30 years of age, no minimum driving license holding period applies. The User further confirms that they meet the specific requirements of these 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

The use of the Application shall be made available to Applicants upon subscription to the Application. In order to become a User, the Applicant must complete the registration process and provide, at a minimum, the following information:

full name;
date of birth;
login credentials (email address and password) for the Application;
home address;
phone number;
details of the payment method to be used and any other information as may 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 these Terms and Conditions;
valid credit or debit card details;
all documents requested by Poppy for identification, insurance and/or credit assessment purposes, including but not limited to a copy of the Applicant’s identity card, driver’s license, proof of address, pay slips or equivalent documentation;
any additional information or documentation that Poppy may request at any time, whether electronically or physically, in order to (i) make the Application and Services available to the Applicant and/or (ii) verify the Applicant’s compliance with the conditions required to be accepted as, and to remain, a User.

For business-to-consumer (B2C) Applicants, the credit or debit card provided must be issued in the name of the Applicant. The use of third-party credit or debit cards is not permitted.

Certain information may also be collected and processed by third-party service providers in accordance with applicable legislation.

The User guarantees that all personal data provided on or through the Application 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 am not currently subject to any license withdrawal, have not been subject to any such withdrawal over the past 5 years, and have not been declared unfit to drive a motor vehicle during that same period.”
"I had not more than 1 damage claim where I was at fault in the last 5 years."
"I will not drive Under influence or Intoxication of alcohol, drugs, medication, or other substances."
"I have not been refused by a motor liability insurer in the last 5 years; my motor liability insurance has not been terminated in any way by the insurer over the last 5 years."
"I have no disabilities or illnesses that might reduce my ability to drive."
"I declare that in case of non-compliance with the Poppy general 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 coverage in the events foreseen in the terms and 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 from a 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’s Customer Support via the Application, +32 3 283 62 62 or hello@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.

The User shall be entitled to use the Services and any Vehicle during their Rental Period and shall be charged for such use based on the Actual Driving Time of such Rental Period including Pauses, and/or on the basis of the kilometers travelled during the Rental Period, in the manner more fully described in the Application.

3.1. Scheduled Rides

On the Application, Users can reserve a Vehicle in advance that will be delivered by Poppy at a time and approximate location chosen by the User within a zone designated by Poppy for a specific delivery fee as referred to in the Application.
The User may modify or cancel their Scheduled Ride up to a certain time in advance, free of charge, as further detailed in the Application. If the User cancels later on, the delivery fee shall not be reimbursed.
The Vehicle will be delivered close to the location chosen by the User and prior to the chosen delivery time.
Scheduled Rides are only available in certain parts of certain cities, as specified in the Application.
The Scheduled Rides will automatically become a Reserved Vehicle at the delivery time that was chosen by the User.

3.2 Reservation of Vehicles

To use or operate a Vehicle, Users shall locate an available Vehicle by using the Application or, when finding a Vehicle on the street, verify its availability on the Application.
It is possible to reserve a Vehicle using the Application by clicking on “Reserve” at a cost specified on the Application at the time of the reservation. The Rental Period shall commence upon confirmation of the reservation. The User may then access the Reserved Vehicle and unlock it without another User being able to use the Reserved Vehicle, it being understood that if the User does not unlock it or cancels their reservation during the reservation period, the concerned Vehicle will again be available to any other User.
Poppy does not guarantee that a reservation request made through the Application will be accepted by Poppy or fulfilled for a specific Rental Period.

3.3. Vehicle access

To access a Vehicle, the User must use the Application.
Before unlocking the Vehicle (whether at the start of a new Rental Period or after a Pause), the User must carry out an inspection of the Vehicle, by carrying out an external inspection of the Vehicle for any damage. In case of damage to the Vehicle (other than those already indicated in the Application, where applicable), the User must promptly notify Poppy of any such damage via the Application. If the User is unable to notify Poppy via the Application for any reason, they must inform Poppy by contacting Poppy’s Customer Support by email, with photographs of any damage found, within 48 hours. After unlocking the Vehicle via the Application and accessing the Vehicle, the User must also carry out an internal inspection and report any damage, defect or dirt to Poppy in the same manner.
Poppy may deny the start of a Rental Period based on its assessment of the damage.
If the User fails to report any damage or defect, that could be noticed by the aforementioned external and internal inspections or immediately after starting the engine, the User acknowledges that the vehicle is in good condition, or in the same condition as established during the last assessment, and waives any claim based on pre-existing damage.

3.4 Vehicle Use

Each Account and each Rental Period are strictly personal. A Vehicle may only be used and driven solely by the User associated with the Account through which the Rental Period 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.
Each Rental Period ends only once the Vehicle has been parked properly, safely and in compliance with applicable law within the Designated Zone and the User has correctly completed the termination of the rental through the Application by following the steps mentioned in Article 3.5.2.
The User is allowed to take a Vehicle and travel out of the country but only to the Netherlands, Germany, France and Luxembourg. In the event Safety Mode needs to be activated and the trip terminates outside of Belgium, the User shall be liable for any cost of repatriating the Vehicle (including the cost of sending a person to the location).
In the event the User exceeds the daily authorized kilometer cap, additional Fees shall be charged by Poppy as specified on the Application at the time of booking. If the User has reasons to suspect a defect of the odometer (i.e. device to count the distance covered), the User must promptly notify Poppy via the Application. If the User is unable to notify Poppy via the Application for any reason, they must inform Poppy by contacting Poppy’s Customer Support by email within 48 hours.
In the event that the use of the Vehicle exceeds, or is likely to exceed, a reasonable duration or cost threshold, Poppy may contact the User to avoid financial surprises and to ensure continued proper use of the Service. The User may be requested to take appropriate action including, but not limited to, ending the Rental Period or validating continued use through an available payment method or applicable usage plan (such as, but not limited to, a pass). Poppy reserves the right to request interval payments, pre-authorizations, or other payment validations during an ongoing Rental Period. In the absence of a timely response or valid payment confirmation, Poppy may take appropriate measures, including restricting access to the Services or terminating the ongoing Rental Period under the responsibility of the User.
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 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 only 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) send the User notifications inviting them to adapt their driving, (ii) block the User's Account, (iii) block any further use of a Vehicle, even during a Rental Period, or (iv) take any other action deemed appropriate by Poppy to protect safety and property.

In all such cases, the User remains fully liable for payment of the Rental Period and shall reimburse Poppy for any costs, losses, penalties, or damages arising from, related to, or in connection with such conduct.

Such costs may include, without limitation, expenses arising from the Vehicle being parked outside the Designated Zone and requiring collection, or from incorrect parking resulting in fines or penalties.

3.5 Ending a Rental Period & returning the Vehicle

The Rental Period shall terminate when the User (i) ends the Rental Period within the Designated Zone as indicated in the Application, (ii) parks the Vehicle safely and in compliance with applicable law, and (iii) correctly completes the termination of the rental through the Application by following the steps mentioned in Article 3.5.2.
Upon termination of each Rental Period, the User is obligated to properly exit, close and lock the Vehicle and leave it in an appropriate condition. This includes, without limitation:

Engaging the hand brake;
Closing all windows and the roof, where applicable;
Turning off all headlights and interior lights;
Leaving all documents and accessories provided with the Vehicle inside the Vehicle;
For Vehicles with keys, leaving the keys in the glove compartment (including in the event of a Pause);
Leaving the Vehicle clean and free from trash, rubbish, dirt, and stains;
Removing all personal belongings from the Vehicle;
Exiting the Vehicle;
Closing and locking all doors via the Application.

Poppy shall not be liable for any loss or theft of personal belongings left on or in a Vehicle.

In case the User fails to terminate the Rental Period in the Application due to technical problems due to Poppy, the User must first try to re-park the Vehicle and try again to end the Rental Period using the Application. If this new attempt fails, the User must immediately notify Poppy’s Customer Support by phone (+32 3 283 62 62), and Poppy will be able to reimburse the User for the costs directly attributable to such a technical issue, if they are attributable to Poppy (i.e. the extra few minutes of Rental Period, if any) but Poppy will not be held responsible for any additional costs. If the User fails to notify Poppy of any technical problems encountered in order to terminate the Rental Period, all additional costs and expenses incurred of such technical problems will be deemed to be the responsibility of the User and the Rental period will continue.
If a User causes damage to the Vehicle or suffers damage during their Rental Period, whether minor or major, they undertake to notify Poppy’s Customer Support immediately in accordance with the procedure set out in Article 6.1. The User will in principle be responsible for any loss, dirt, damage or costs relating to the Rental Period of the User, who will always have the opportunity to demonstrate that they are not responsible.
If the User does not report any damage, defect or irregularity following the inspections referred to above in Article 3.3, the condition of the Vehicle after the Rental Period shall be compared with its condition prior to the start of that Rental Period. Any discrepancy, damage, defect or irregularity identified shall be presumed to have occurred during the User’s Rental Period and may give rise to liability of the User in accordance with these Terms and Conditions, unless the User proves otherwise.

3.6 Parking

The Vehicle must be parked in the Designated Zone in a manner that allows access to the next User, either in an Authorized Parking Space on public roads or in a parking space located in a private area expressly designated in the Application as an Authorized Parking Space. Any other private parking is strictly prohibited. If the Vehicle is located in an area subject to upcoming parking restrictions, the User is not allowed to park the Vehicle there within forty-eight (48) hours before such restrictions come into force.
Parking in underground areas is prohibited, unless specifically indicated otherwise in the Application.
The User shall be solely liable for all parking charges, penalties, fines, or any other costs, including costs related to re-parking or towing, resulting from improper parking of the Vehicle or from parking the Vehicle outside the Designated Zone. It is understood that certain Designated Zones may not apply to all Vehicles, such as those at airports.
Poppy offers a “Pause” option. If the User wishes to use this feature, the Vehicle must be parked in the same manner as at the end of a Rental Period, and the User must select the “Pause” option instead of “Termination.” The Vehicle will then be reserved for the User at their cost and will be immediately available when needed. As an exception to the foregoing, the User may park the Vehicle outside the Designated Zone and/or in private parking zones during the “Pause,” provided that parking in such zones is legally permitted; however, underground parking is strictly prohibited. For the avoidance of doubt, the User remains fully responsible for the Vehicle while it is in “Pause” mode and shall be liable for any parking fees, charges, fines, or other costs associated with parking the Vehicle outside of the Designated Zone and/or in such private parking zones. All obligations applicable when exiting the Vehicle, including those applicable at the end of the Rental Period as set out in Article 3.5, shall remain fully applicable.

3.7 Recharging and refuelling

Users must recharge or refuel vehicles at designated partner gas stations, which are displayed in the Application. In Belgium, the Netherlands and Germany, all partner gas stations allow direct payment via the Application. No upfront payment is required by the User. In France only, if the User must recharge or refuel at a non-partner station, they may do so at their own expense and request reimbursement by submitting a valid receipt through the Application or through Poppy’s Customer Support. Reimbursement requests are only valid for trips in France and must be submitted within 7 calendar days of the transaction.
The User must ensure that the Vehicle has a minimum remaining driving range of thirty-five (35) kilometers at the time the Rental Period is terminated. If the Vehicle is returned with a range below this minimum of thirty-five (35) kilometers, the User will be held liable for all resulting costs incurred by Poppy, including but not limited to, towing, re-charging, re-fuelling, and repair costs, pursuant to Article 7.
Poppy shall in no event be responsible and shall not be held liable to reimburse the User if a Vehicle is inoperable due to a lack of fuel or electric charge due to the failure of the User to refuel or recharge the Vehicle as soon as the remaining driving range is less than thirty-five (35) kilometers. The User is responsible for any costs (including any repair costs) relating to the relocation of, and the refuelling or recharging of, the Vehicle due to such failure, as well as any other costs and losses resulting from the improper refuelling or recharging of a Vehicle, including, where applicable, loss of use and loss of revenue suffered by Poppy.

4. 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 it 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;
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 influence or Intoxication of alcohol, drugs, or medication;
use the Vehicle for motor sports, speed trials, drifting, 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;
in general, violate any applicable law when using the Services or the Vehicle.

5. GENERAL NOTIFICATION OBLIGATIONS

Without prejudice and in addition to any other notification obligations as set out in these Terms and Conditions, the User must immediately notify Poppy'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;
any case of loss of the User’s security and access credentials;
in case of revocation, withdrawal, restriction or suspension of the User's driving license, either temporarily or permanently;
in the event of any prohibition on driving or using the Vehicle, or if the User is otherwise unfit or not permitted to drive or use 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.

6. 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 cease their use of the Services and the Vehicles and:

immediately contact Poppy’s Customer Support by phone at +32 3 283 62 62, follow the instructions on how to handle the situation and co-operate;
report all damages or incidents occurring during the Rental Period to the police immediately. This obligation also applies in the event a third-party is injured, third-party property is damaged, if the third party flees the scene of the accident, if the third party refuses to complete and sign the European Accident Statement, and in case of any collision with bollards, gates, barriers, posts, curbs, road markings, fixed objects, or any other delimitations or obstacles. If the police refuses to register, record or handle the matter, the User shall immediately inform Poppy and coordinate the further procedure with Poppy’s Customer Support;
send a copy of the police report and the police report reference, if one was made, to Poppy’s Customer Support via the Application within 48 hours. Submission by email shall only be permitted where submission through the Application is not reasonably possible;
stay at the scene of the accident or incident until advised otherwise by Poppy or by the police;
abstain from any admissions of liability and/or fault to other parties;
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;
the User must report the accident via the Application within 48 hours. If reporting through the Application is not possible, the user must send an email to Poppy’s Customer Support within the same 48-hour period. This report must include the fully completed and signed by all involved parties European Accident Statement and a full, detailed, accurate and truthful written statement describing the circumstances of the accident, together with all relevant photos. These photos must include: a clear overview of the situation (including any object(s) involved), clear images of the damage, and images of all four corners of the Vehicle, including at least one clearly readable image of the license plate.

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.
If the User fails to comply fully and timely with the required steps set out in Article 6.1 and Article 6.2, and such a failure prevents or hinders Poppy’s ability to establish the facts, assess the damage, determine liability, defend its interests, or recover compensation from any third party or insurer, Poppy may hold the User liable for the damage to the Vehicle. In such a case, the damage shall be presumed to have occurred during the User’s period of use, unless proven otherwise.

7. FEES, CHARGES AND PAYMENTS

7.1 General

Poppy shall invoice the User for their use of the Vehicle in accordance with the prices indicated on the Application at the time of scheduling a ride, reserving a ride or starting a Rental Period. A summary of the cost of the use of the Vehicle will be sent to the User at the end of the Rental Period.

Unless provided otherwise in these Terms and Conditions, the usage Fees shall cover:

the User’s right to use the Vehicle;
refuelling and recharging costs;
parking costs in the Designated Zone (the User shall always ensure payment for parking outside the Designated Zone); and
the cost of legally required insurance.

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, in accordance with Article 9.2.

All Fees, charges and amounts mentioned in these Terms and Conditions are inclusive of VAT and any other applicable taxes, unless explicitly stated otherwise.

7.2 Fees and Charges

The User shall pay all Fees associated with the use of the Services and the Vehicle in accordance with these Terms and Conditions. Fees may include, but are not limited to:

a) the applicable usage Fees as displayed in the Application;

Fixed charge per unlocking of a Vehicle;
Fixed charge per Scheduled Ride;
Additional Fees if the User pays for the use of the Vehicle per kilometer but travels less than 1 km every 10 minutes;
Drop-off fee and pick-up fee for parking in spaces reserved for Vehicles at airports or in specific zones determined by Poppy;
Intercity Fees: applies to any trip that ends in a satellite zone, excluding trips where either the start or end point is an airport.
Surge Fees: dynamic based pricing mechanisms depending on demand.

b) additional Fees and charges are applicable in specific situations, as set out below:

Branding Replacement: If the Poppy branding, stickers, decals, or other identification markings on a Vehicle are damaged, removed, tampered with, or require replacement.
Fixed Fee of 71 EUR.
Breach of Terms and Conditions: Applied in the event of any breach or non-compliance with these Terms and Conditions by the User.
Fixed Fee of 250 EUR.
Deep Cleaning: Applied when a Vehicle is left in a severely unacceptable condition, this includes but is not limited to mud, vomit, pet hair, urine, heavy dirt and/or other contamination on seats, floors and/or in the trunk.
Fixed Fee of 250 EUR.
Fuel or Battery Depletion: If the Vehicle is returned with a driving range below the minimum of thirty-five (35) kilometers.
Fixed Fee of 150 EUR; Jockey Fee of 35 EUR per hour; Distance Fee of 1 EUR per kilometer (one-way). Also the corresponding damages will apply.
Full Cleaning: Applied when a Vehicle is left in an unacceptable condition. This includes, but is not limited to, smoking inside the car, strong odors, trash left behind, spilled drinks and/or sticky surfaces.
Fixed Fee of 120 EUR.
Incorrectly Parked Vehicle: Vehicles that are not parked according to Article 3.6 of these Terms and Conditions and warrants a Jockey to intervene to relocate the Vehicle to prevent further enforcement actions such as fines, impoundment or towing.
Fixed Fee of 50 EUR; Jockey Fee of 35 EUR per hour; Distance Fee of 1 EUR per kilometer (one-way).
Loss or Theft of Keys: Replacement cost of 400 EUR; Jockey Fee of 35 EUR per hour; Distance Fee of 1 EUR per kilometer (one-way).
Loss of Revenue: If a Vehicle is impounded, seized, detained, or otherwise rendered unavailable by the police, the public prosecutor, or any other competent authority as a result of a criminal offence, a serious traffic offence, Unauthorized Use, driving Under influence or Intoxication, driving without a valid license, use by an unauthorized or legally restricted person, or any other serious unlawful act or regulatory breach attributable to the User, the User shall be financially responsible for any resulting loss of revenue.
53 EUR per Calendar Day after a grace period of three (3) Calendar Days.
Processing of Criminal (Traffic) Offences: 150 EUR per case.
Processing of Damages and Accidents: 250 EUR per case.
Processing of Traffic/Parking Offences: 20 EUR per original fine; 35 EUR per reminder.
Remaining in the Vehicle after Trip End: This refers to any situation where a User remains inside the Vehicle after officially terminating the Rental Period. Users are required to exit the Vehicle promptly upon terminating the Rental Period in accordance with Article 3.5, in order to avoid misuse, safety risks, or operational issues.
Fixed fee of 350 EUR.
Remote Operations: In cases where an intervention is managed remotely, particularly in collaboration with police or other authorities, and where operational actions are performed on a Vehicle without physical dispatch, the User may be held responsible for any resulting costs, damages, or operational impacts arising from such intervention.
Fixed Fee of 50 EUR.
Safety Mode Activation or Out-of-Zone Use:

a) Less than 15 km (2 jockeys required): Fixed Fee of 50 EUR; Jockey Fee of 35 EUR per hour per person; Distance Fee of 1 EUR per kilometer (one-way).

b) More than 15 km (tow truck required): Fixed Fee of 60 EUR; Jockey Fee of 35 EUR per hour; Distance Fee of 1 EUR per kilometer (one-way).

Shared Account/Unauthorized Use of Account: A shared account refers to any situation where the actual driver does not match the registered User.
Fixed Fee of 500 EUR.
Unsecured Vehicle: An unsecured Vehicle refers to any situation where the User fails to follow the required steps as set out in Article 3.5 and Article 3.6 of these Terms and Conditions, resulting in the Vehicle being left in a condition that may allow unauthorized access or increase the risk of damage or theft.
Fixed Fee of 350 EUR.
Unauthorized Country Use: This refers to any instance where the User takes the Vehicle to a country not listed in Article 3.4.4 of these Terms and Conditions.
Fixed Fee of 200 EUR.
Urgent Intervention: A priority intervention requiring the immediate relocation of a Vehicle upon request of law enforcement, to prevent further enforcement actions such as fines, impoundment or towing.
Fixed Fee of 75 EUR; Jockey Fee of 35 EUR per hour; Distance Fee of 1 EUR per kilometer (one-way).
Vehicle Vandalism and Unauthorized Use: This refers to any situation where a Vehicle is vandalized, forcibly entered, misused, or used for unlawful purposes. Users remain responsible for ensuring the Vehicle is not subjected to damage, unauthorized access, or activities that violate the law or these Terms and Conditions.

Applicable fees for Vehicle Vandalism and Unauthorized Use may contain: the Urgent Intervention fees; Loss of Revenue fees; Full or Deep Cleaning fees, as applicable; fixed administrative fee of 1.000 EUR. Also the corresponding damages will apply.

7.3 Payment of Fees

Fees shall, upon completion of the Rental Period, automatically be charged by the applicable third-party payment provider and debited from the payment method chosen by the User. Users can obtain an overview of their past or active Rental Periods directly in the Application.

All other amounts due under these Terms and Conditions, including the costs referred to above and below, will be automatically debited from the User’s chosen payment method as soon as they are known to Poppy or directly invoiced to the User.

If the exact amount due by the User is not yet known, Poppy will estimate the amount and debit it as security from the User’s chosen payment method, notifying the User by email and/or the Application. If the User does not agree with this deduction, they must notify Poppy within three (3) Calendar Days of the deduction or the date of receipt of the email. In the absence of such notification, there is a presumption that the User has agreed to the deduction. In case of timely dispute, Poppy will inform the User whether the deduction will be modified.

Payments are subject to the terms and conditions of the third-party payment provider. Poppy shall not be liable for any damages arising out of or in connection with the payment solution or services provided by the third-party payment provider.

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 to verify its validity, or to withhold a provisional amount once a Rental Period has begun.

All amounts due that are not yet paid must be settled by the User within seven (7) Calendar Days from the due date stated on the invoice issued by Poppy. In the event of late payment, the User shall be liable for a compensation clause and late payment interests, which are applicable immediately and due without prior formal notice, except for Users who are consumers as defined in the Code of Economic Law, in which case an initial reminder without fees will be sent by email, giving a final deadline of fourteen (14) Calendar Days to make the outstanding payment.

If the User is a consumer as defined in the Code of Economic Law, the legal interest rate applicable will be the reference rate plus eight (8) percentage points as 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 and the fixed compensation due will be a maximum of (i) 20 EUR if the amount outstanding is less than or equal to 150 EUR, (ii) 30 EUR plus 10% of the amount due if the outstanding amount is between 150,01 EUR and 500 EUR, (iii) 65 EUR plus 5% of the amount due 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 highest of the consumer rate which is 12% per annum and the fixed penalty payable will be (i) 200 EUR if the outstanding amount is less than or equal to 500 EUR and (ii) 350 EUR if the outstanding amount is greater than 500 EUR.

Poppy shall also have the right to deactivate or suspend the User’s Account, withdraw approval, or terminate the User’s use of the Services at its sole discretion. Poppy may engage third parties to collect outstanding balances; the User shall pay all collection costs to the extent permitted by law.

This Article will survive termination of these Terms and Conditions.

8. PRICING, PASSES, SUBSCRIPTIONS AND CREDITS

The User may access the Services under different pricing modalities made available via the Application, including but not limited to, passes, credits, subscriptions, or usage-based pricing. The applicable pricing conditions are displayed in the Application prior to confirmation of use or purchase.
Any User may order a pass, credits, or subscribe to a pricing plan, whose price and conditions are indicated during the order process via the Application. Before completing the order, the selected plan is displayed in a summary allowing the User to verify and correct any input errors. Poppy reserves the right to accept or decline any order.
Discounts linked to a specific plan apply only within the scope of that plan and are not cumulative with other plans or pricing advantages. Such plans may be subject to limitations, including but not limited to, time, number of trips, mileage, or duration.
Each subscription is entered into for an indefinite term, subject to an initial minimum commitment period of one (1) month commencing on the subscription start date. Thereafter, the subscription shall automatically renew for successive periods of equal duration unless cancelled by the User at least fourteen (14) Calendar Days before the end of the then-current subscription period. Any cancellation shall take effect at the end of the then-current subscription period.
Where no specific plan applies, or in combination with such plans, the User is charged based on actual usage and applicable rates as displayed in the Application. Poppy may apply dynamic or usage-based pricing mechanisms depending on factors such as duration, distance, demand, or other operational parameters.
Without prejudice to Article 7.3, Poppy may, during an ongoing Rental Period and where reasonably necessary to secure payment of accrued or anticipated amounts due under these Terms and Conditions, request or process one or more interim payments, pre-authorizations, or provisional holds via the User’s chosen payment method. Any such amount may be automatically debited or reserved by the applicable third-party payment provider and shall be credited or otherwise taken into account in the final settlement once the exact amount due is known.
Poppy reserves the right to modify pricing modalities, thresholds, interval payment amounts, and related mechanisms at any time, provided such changes remain consistent with the purpose of ensuring proper use and payment of the Services.
In the case of an order for a pass or subscription, any User has a right of withdrawal for any unused pass or subscription within a period of fourteen (14) Calendar Days from the date of the order, free of charge, which may be exercised by making an unequivocal declaration to this effect to Poppy’s Customer Support or by using the following model withdrawal form:

MODEL WITHDRAWAL FORM (Please complete and return this form only if you wish to withdraw from the contract)

"- To the attention of POPPY MOBILITY SA, Sanderusstraat 25, 2018 Antwerp (Belgium), hello@poppy.be:

- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the service (*) below.

- Ordered on (*)

- User’s name

- User's address

- User's signature (only if this form is sent on paper)

- Date

(*) strike out the unnecessary mentions".

If the User wishes the provision of the Service (and therefore the use of the pass or subscription) to begin during the withdrawal period, it must expressly request this, while acknowledging that in doing so it will lose their right of withdrawal if the contract has been fully performed (in other words, if the pass or subscription has been fully used within the fourteen (14) Calendar Days).

If a User withdraws from such an order, Poppy will refund said User no later than fourteen (14) Calendar Days from the date of notification of such withdrawal using the same method of payment that the User used for the relevant order. If the User uses part of the pass ordered before withdrawing, the amount proportional to what has already been supplied must be paid by the User.

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 could not have been noticed by the User either during the inspection of the Vehicle as set out in Article 3.3.2 or 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 that was 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; (iv) any damage to or contamination of items placed in the Vehicle, including but not limited to, stains, dirt, residues or other substances present in the Vehicle prior to the User’s use.
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 Application, the Services or the Vehicles, even if Poppy has been advised of the possibility of such damages or such possibility could reasonably have been foreseen.
There shall be no exclusion or limitation of Poppy's liability for death or personal injury caused by its negligence or willful 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 of 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 (may include, without limitation, towing costs);
any penalty imposed in respect of parking or driving offences;
any failure to submit the European Accident Statement and/or the police report within the required timeframe, in accordance with Article 6.1 of these Terms and Conditions, or any “hit and run” behavior in connection with an accident;
any driving Under influence or Intoxication of alcohol, drugs or medication, 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 loss, damage, cost or liability resulting from the User’s failure to properly secure their Account or login 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 Application, failure to apply appropriate security measures, or failure to immediately notify Poppy in the event of loss, theft, disclosure or Unauthorized Use of the Account or suspected security breach. The User shall remain fully liable for all activities carried out through their Account.

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, Poppy will arrange for any necessary repairs or cleaning to be carried out by a garage or service provider. Poppy reserves the right to determine, at its sole discretion, whether any damage requires immediate repair or may be deferred, taking into account the severity of the damage and any safety considerations. The User shall be responsible for and will be invoiced for the cleaning and/or damages, whether they were repaired or not. The amount invoiced for cleaning shall be determined either (i) in accordance with the Fees set out in Article 7.2.b, or (ii) on the basis of the invoice issued by an external cleaning partner. Any damages shall be invoiced based on the amount determined in the relevant independent expertise report.
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 being fully closed, failure to secure the keys, leaving the Vehicle unattended, 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 replacement cost. The User agrees to indemnify and hold harmless Poppy from and against any claims, losses, damages, expenses, or liabilities incurred as a result of the loss or theft of the Vehicle due to User negligence.
The User shall cover all damages, losses and costs and shall receive an invoice 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 the difference between the Vehicle's actual pre-damage value and its salvage value (what is recovered for the damaged Vehicle) is less than the repair cost. In such cases, it is not economically justified to repair the Vehicle. The decision whether a Vehicle qualifies as a technical Total Loss is when the Vehicle is physically or structurally damaged beyond repair, making it permanently unsafe to drive. This designation is final and may only be contested in case of manifest error.
In the event an insurance claim needs to be made an additional excess of 500 EUR may be due by the User if they are 26 years of age or under.
In the event that liability is not determined by the insurance and/or the insurance company is unable to allocate liability between the involved parties, the User shall be liable to pay the applicable own risk amount corresponding to the insurance option selected at the start of the trip. Poppy reserves the right to apply this own risk in such circumstances. If the User is in breach of these Terms and Conditions, the User shall be liable for the full amount of the damage.
In the event the third party responsible for the damage cannot be identified, located, or held liable, or where damages cannot be recovered from a third party or their insurer for any reason, the User shall remain liable for the damages, losses and costs in accordance with this Article. This applies irrespective of whether a police report or European Accident Statement has been submitted.

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 will inform the user of the cost and 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 7 Calendar Days from the moment Poppy communicates the cost (by email or via the Application) 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.

This right to defer payment is discretionary and may be applied differently depending on the User’s driving history, payment record, or risk profile.

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/av-auto-nl.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.
Poppy may offer Users the option to reduce their financial liability in the event of damage to or loss of a Vehicle by selecting an optional protection package (such as Basic, Plus or Premium), subject to payment of additional fees and compliance with applicable 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 these Terms and Conditions.
The specific terms and coverage limitations of each optional protection package are made available in the Application or on the Poppy website prior to confirming the rental. The selected protection option and the corresponding deductible will be confirmed in the Application at the time of booking and shall remain binding, except in the case of a demonstrable technical error.
Poppy reserves the right to offer certain products, services, or protection 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 behavior, 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 protection packages offered by Poppy (e.g., Basic, Plus, or Premium) do not constitute insurance products within the meaning of Belgian law and do not amount to insurance intermediation. These options represent internal contractual waivers of liability provided by Poppy under specific conditions and remain subject to these 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 the transport of passengers. Poppy does not guarantee the use of a particular Vehicle, nor that a particular Vehicle will be available for Users at any given time, and may remove a Vehicle from the Services at any time at its sole discretion. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. This article shall survive the termination of these Terms and Conditions.

12. INTELLECTUAL PROPERTY RIGHTS

The Application (in object code and source code form), underlying models and algorithms of the Application, 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 these Terms and Conditions, except for the limited user rights expressly provided in these Terms and Conditions. In the event, notwithstanding any prohibition thereto, the User modifies or creates derivative works of the Application, 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 Application and/or the Poppy website; (ii) not to sell, transfer, rent, lease, grant access or sub-license the Application or the Account to any third-party; (iii) not to alter or modify the Application and/or the Poppy website; (iv) not to reverse engineer, disassemble, decompile or attempt to derive source code or object code from the Application and/or the Poppy website; (v) not to prepare derivative works from the Application and/or the Poppy website 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 Application. This Agreement and these Terms and Conditions shall remain in force for an indefinite period until terminated by either party in accordance with 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 immediately upon notice via Poppy’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, or the User is otherwise unfit or unable to drive a Vehicle, whether for legal, medical, physical or other safety-related reasons;
The User fails to pay the Fees or any other amounts due under 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 the User’s use of the Services or the Vehicle;
In general, the User does not comply with these Terms and Conditions, irrespective whether by negligence, gross negligence, willful 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 Lease.

Any termination of the Agreement shall be without prejudice to the continued application and enforceability of those provisions of these Terms and Conditions which are intended, expressly or by implication, to survive termination, including but not limited to, all provisions concerning payment, liability, indemnification, recourse, damages, insurance, intellectual property, personal data, and dispute resolution, as well as any rights, remedies, or obligations accrued prior to the date of termination.
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 that business customer’s account portfolio. In addition, if a User is banned from one platform (Lease or Share), such a ban shall automatically apply to the other Platform, and the User shall be prohibited from using Services on both Platforms.
In case of termination of the Agreement, deactivation or suspension of the Account, the User shall no longer be entitled to use the Application, the Account, the Services and a 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

This Agreement and these Terms and Conditions constitute 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 written request to Poppy’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 will not be allowed to continue the use of the Application, the Account, the Services and any Vehicle following the effective date of a change if the User does not accept such a change. The User shall at all times (in case of non-agreement) be entitled to terminate the Agreement in accordance with these Terms and Conditions.
The use of any automated system or software to extract data from the Application 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 Application 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 Application 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 Application 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 Application. It does not apply to defects in the conformity of other Services provided by Poppy, in particular the rental of a Vehicle. The features of the Application, including any technical protection measures and information on compatibility and interoperability, are described on the Application.
If any provision in these Terms and Conditions 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 these Terms and Conditions shall remain in effect.
The Application 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://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202403228

16. QUESTIONS

If you have any questions about these Terms and Conditions or the implementation, please contact Poppy’s Customer Support via the Application or by email at hello@poppy.be.