POPPY TERMS AND CONDITIONS

Date of last revision: 23 October 2023

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 “AGREEMENT” OR THE “TERMS AND CONDITIONS”) – AND THE TERMS AND CONDITIONS OF THE INSURER. (available at: https://www.axa.be/fr/informations-juridiques/corporate-non-life/secteur-prive-et-public/mobilite - only the Confort Fleet Auto Liability, Confort Fleet Auto General Conditions and Confort Auto - Protection of persons in indemnity mode policies are applicable). 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 relating to the acceptation of the Terms and Conditions of Poppy and the terms and conditions of the Insurer, the User agrees to these Terms and Conditions, including any other terms referred to herein, as amended by Poppy from time to time at its sole discretion. In the event of modification(s) to the Terms and Conditions notified on the Application, the User expressly accepts any modification(s) if it decides to continue using the Application.

Introduction

POPPY MOBILITY, 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 enabling registered users to use vehicles from a shared fleet, as provided in the Terms and Conditions (the “Application”).

1. DEFINITIONS

Capitalized terms in this Agreement 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 Application by the User upon subscription, containing personal data.

“Actual Driving Time” means the actual use of a Vehicle by a User, starting thirty (30) seconds after the unlocking of the Vehicle in the case of a car or van and immediately after unlocking the Vehicle whether it is a kick scooter or bike and ending when the Vehicle is parked in the Designated Zone, it being understood that this duration may not be less than one (1) minute and may not exceed fourteen (14) Calendar Days.

“Applicant” is a person who subscribes to the Application and wishes to be accepted by Poppy as an 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.

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

“Business Day” means every day from Monday to Friday with exclusion of Saturday, Sunday or any public holiday in Belgium.

“Designated Zone” is the area in which Vehicles must be parked by a User after completing its reservation as 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.

“Insurer” refers to Axa, the company appointed by Poppy to insure the Vehicles.

Poppy’s Customer Support” means Poppy's customer support, available by telephone on the number displayed on the Application or via hello@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” is the period beginning with the confirmation of the booking and ending upon the appropriate return of the Vehicle, parked in the Designated Zone, and the termination, by the User, of its use of the Vehicle via the Application.

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

“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.

“User” means a person over the age of 16 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 18 years of age, hold a valid driving licence and meet the specific requirements of the Terms and Conditions if they choose to use cars or vans.

“Vehicle” is a car, van, an electric bike or an electric kick scooter owned or leased by Poppy and made available by Poppy in order to enable Users to use the Services. 

2. SUBSCRIPTION AND IDENTIFICATION

1. The Application shall be made available to Applicants when they subscribe to the Application. 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 Application;

- 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 Application 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.

 

2. Any Applicant wishing to use a car or van must also provide a declaration on oath by checking the appropriate boxes confirming they agree on an ongoing basis at all times during its use of the Services, with the following statements:

1. “I have my driving licences for at least 24 months and I had no license withdrawal over the last 5 years. To use cars this is driving license B. 

2. “I had not more than 1 damage claim in the last 5 years.”

3. “I will not drive under the influence of alcohol, drugs, medicines or other substances that might reduce my ability to drive.”

4. “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.”

5. “I have no disabilities or illnesses that might reduce my ability to drive.”

6. “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.”

7. “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.”

3. The User acknowledges and agrees that Poppy may, in order to verify the User’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. 

4. Poppy will determine, at its sole discretion, whether an Applicant is accepted as a User and will notify the User via the Application or by email and will unlock the features only available to Users. Poppy may at any time decide to withdraw this acceptance as User.

5. The User acknowledges that their Account is strictly personal and may not be used by a third-party. The User expressly acknowledges and agrees that it is strictly forbidden for Users to give, lend, sell or otherwise transfer their Account to third parties. In the event that a User has reasons to believe that a third-party is using their Account (for example in the event of loss or damage to the Application/phone), they shall immediately notify Poppy’s Customer Support (03 283 62 62) or hello@poppy.be.

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 its 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 kilometres travelled during the Rental Period, in the manner more fully described in the Application.

3.1. Reservation of Vehicles

 

1. 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.

2. It is possible to reserve a Vehicle, for fifteen (15) minutes, using the Application by clicking on “Reserve” at no charge or, for a longer period, 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 during the Reservation Period without another User being able to use the Reserved Vehicle, it being understood that if the User does not unlock it or cancels its reservation during the Reservation Period, the Vehicle concerned will again be available to any other User.

3. Poppy does not guarantee that a reservation request made through the Application will be accepted by Poppy or fulfilled for a specific Rental Period.

3.2. Vehicles access

1. To access a Vehicle, the User must use the Application.

2. 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 the same day. After unlocking the Vehicle via the Application and accessing the Vehicle, the User must also carry out an internal inspection and report any damage or dirt to Poppy in the same manner. 

 

3. Poppy may deny the start of a Rental Period based on its assessment of the damage.

 

4. If the User fails to report any damage or defect, that could easily be noticed by the aforementioned external and internal inspections or immediately after starting the engine, they will be held responsible for said damage or defect.

3.3. Vehicle Use

1. Each Account and each Rental Period are strictly personal: a Vehicle may only be used and driven by a User on the Account through which the Rental Period is requested (without prejudice to the right to accommodate passengers if this is authorized under the Terms and Conditions). The User expressly acknowledges that it shall not under any circumstances permit a third-party to use and drive a Vehicle with its Account unless the User is unable to drive the Vehicle during the Actual Driving Time due to force majeure or any other cause beyond their reasonable control, (in which case the User shall immediately notify Poppy’s Customer Support and may appoint a competent third-party to drive the Vehicle during the relevant Actual Driving Time subject to such third-party's compliance with these Terms and Conditions, it being understood that the User remains responsible for this third-party).

 

2. In case the User is for any reason not able to use and operate a Vehicle, and wants to use a Vehicle together with a third-party who is able to use and operate a Vehicle, such third-party shall only be allowed to use and operate a Vehicle through its own Account and provided such third-party has been approved as User in accordance with these Terms and Conditions.

 

3. Each Rental Period must end in the Designated Zone as indicated in the Application. 

4. If the Vehicle is a car or van, the Vehicle may not be used outside Belgium and the countries bordering Belgium (France, Germany, the Netherlands and Luxembourg), it being understood that additional charges will apply if the Vehicle is used outside Belgium. If the Vehicle is a kick scooter or a bike, the Vehicle may not be operated outside the Designated Zone as indicated in the Application.

 

5. In the event the User exceeds the daily authorized kilometre cap, additional fees shall be charged by Poppy in accordance with Article 7. 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’s Customer Support by e-mail. 

 

6 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 always comply with existing legislation and any directives, applicable statutory rules and regulations relating to the use of the Vehicles on public roads, including any (temporary) changed traffic situation; and

 - to drive safely and fuel-efficiently.

In the event of excessive speed, abrupt changes of direction, joyriding or any other dangerous driving, Poppy has 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. 

In any event, the User shall remain liable for payment of their Rental Period and shall also be liable to reimburse Poppy for any additional costs and damages incurred (for example if the Vehicle is parked outside the Designated Zone and needs to be collected or if the Vehicle is incorrectly parked and fines are applied).

3.4. Ending a Rental Period & returning the Vehicle

1. The current Rental Period shall cease automatically when the User (i) ends the Rental Period in the Designated Zone displayed in the Application; (ii) safely and legally parks the Vehicle and (iii) ends the Rental Period by using the Application (it being understood that the User use the “Pause” feature).

2. At the end of each Rental Period, the User is obliged to close the Vehicle and leave it in a roper state, which requires, among others: (i) for a car or van, to close all windows and the roof where applicable, to turn off all headlights and lights, to close and lock all doors, to leave all documents and accessories provided in the Vehicle and, for Vehicles with keys, to leave the keys in the glove compartment (even in the event of a Pause) and to lock the Vehicle via the Application and (ii) for a kick scooter or bike, to park it correctly on the stand provided for this purpose and outside any passageway. The User also undertakes to leave the Vehicle clean and free from rubbish, dirt and stains, and not to leave any personal belongings in the Vehicle. Poppy cannot be held responsible for the loss or theft of any personal belongings left on or in a Vehicle.

3. 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 (03 283 62 62), and Poppy will be able to reimburse the User for the costs directly due to such technical issue, if they are attributable to Poppy (i.e. the extra few minutes of Vehicle rental, 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, without prejudice to the User’s right to prove the actual time of return of the Vehicle.

4. 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. 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. 

3.5. Parking 

1. The Vehicle must be parked in the Designated Zone, in a manner accessible to the next User, either in an authorized parking space on public roads (off the road surface if the Vehicle is a kick scooter or bike, without blocking the movement of other road users, including pedestrians), or in a parking space located in a private place expressly designated in the Application as an authorized parking space (any other private parking being excluded). If the Vehicle is parked in a future restricted parking area, the User may only park the Vehicle in such an area at least forty-eight (48) hours prior to such restriction coming into force. Underground is also forbidden unless contra-indicated in the Application.

2. The User is liable for all parking charges, penalties, fines or other costs (including cost of re-parking or towing) due to improper parking of the Vehicle or parking the Vehicle outside the Designated Zone (it being understood that certain Designated Zones do not apply to all Vehicles, for example airports). 

3. Poppy offers a “Pause” option. If the User would like to use this feature, the User should park the Vehicle as it would when concluding its Rental Period and, after locking the Vehicle, select the “Pause” feature instead of “Termination”. The Vehicle will be reserved for the User at its costs and will be immediately available when needed. As an exception to the foregoing, the User is allowed to park on any private parking zones during the "Pause” as long as it is legally allowed to park the car on such zones. For the avoidance of doubt, the User remains responsible for the Vehicle while being parked on “Pause” mode and shall be responsible for any charges related to parking on such private parking zones.

3.6. Recharging and refuelling (cars and vans) 

1. The User will monitor the Vehicle’s remaining driving range and the sufficiency of the Vehicle’s fuel level or electric charge, as applicable. If the fuel level or electric charge falls below a remaining driving range of thirty-five (35) kilometres, the User must re-fuel/re-charge the Vehicle. This can be done without any payment at a partner station, visible on the Application, or at a non-partner station, in which case a payment is required (which will be refunded by Poppy on presentation of the receipt).

2. The User undertakes to terminate its Rental Period with a minimum remaining driving range of the Vehicle of thirty-five (35) kilometres. In case of ending the Rental Period with a remaining driving range being less than thirty-five (35) kilometres, the User will pay all costs (including any repair costs) incurred by Poppy in towing, re-fuelling or re-charging the Vehicle, in accordance with Article 7.

3. 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) kilometres. The User is responsible for any cost (including any cost of repair) relating the relocation and the refuelling or recharging of the Vehicle due to such failure and any other costs resulting from improper recharging and refuelling of a Vehicle.

4. USER PROHIBITIONS 

1. 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.

2. 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;

· carry dangerous, flammable, toxic or other hazardous substances;

· carry objects that could cause injury or damage, adversely affect driving safety 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;

· carry passengers if the Vehicle is a kick scooter or a bike or carry more passengers than there are seat belts in the Vehicle if it is a car or van;

· transport animals (except 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;

· smoke or use electric cigarettes within the Vehicle;

· 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;

· 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 of any alcohol, drugs or medications;

· 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; and

· 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 the Terms and Conditions, the User must immediately Poppy’s Customer Support and cease its 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 this Agreement changes;

· if the User no longer complies with the declarations on oath as set out in Article 2; 

· any case of loss of user ID and/or password;

· 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 Actual Driving Time. 

6. IN CASE OF AN ACCIDENT

1. 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:

 

· immediately contact Poppy’s Customer Support via the Application and follow the instructions on how to handle the situation and co-operate;

· report to the police, if needed, but in any event if a third-party is injured or third-party property is damaged;

· 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); and

· complete and return an accident damage report within two (2) Business Days by e-mail to Poppy at hello@poppy.be .

2. 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.

7. FEES, CHARGES AND PAYMENTS

 

1. Poppy shall invoice the User for their use of the Vehicle in accordance with the prices indicated on the Application at the time of reservation or use of the Vehicle. A summary of the cost of the use of the Vehicle will be sent to the User at the end of the use of the Vehicle.

Other charges may apply in certain special cases:

a) Actual Use of the Vehicle

- Fixed charge per unlocking of a Vehicle;

- 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 for parking in spaces reserved for Vehicles at airports.

b) Other costs and administrative costs

- Processing of traffic/parking offences (in addition to the cost of the fine, which is borne by the User): 10 EUR/fine and 25 EUR/fine reminder;

- Processing of criminal (traffic) offences: 150 EUR;

- Processing of damages and accidents: 50 EUR;

- Reparking of wrongly parked Vehicles (including Vehicles parked in private car parks or any car park not authorized under the Terms and Conditions): EUR 50 + towing charges invoiced by the towing company + charges for any parking ticket;

- Special cleaning fee (e.g., due to heavy soiling or smoking in vehicle): 75 EUR;

- Fuel or battery drainage: 150 EUR + towing cost as invoiced by the towing company;

- Loss or theft of key (in some Vehicles): 50 EUR for administration fees + 50 EUR for replacement key;

- Use of the Vehicle in an unauthorized country: 200 EUR;

- Parking the Vehicle outside the Designated Zone: 25 EUR + pick-up costs (if pick-up is required);

- For kick scooters and bikes, loss or theft of the Vehicle due to the negligence of the User: purchase price of the Vehicle.

2. Unless provided otherwise in these Terms and Conditions, the Fees shall cover the User’s right to use the Vehicle, the refuelling and recharging costs, parking costs in the Designated Zone (the User shall always ensure that it pay for any parking outside the Designated Zone) and the cost of the legally required insurance without prejudice however to Poppy’s indemnification rights. Notwithstanding the foregoing, Poppy shall have the right to claim indemnification for any damages and losses due to the User’s non-compliance with this Agreement.

3. 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. Payments may be subject to the terms and conditions of the applicable third-party payment provider. Poppy shall in no event be liable for any damages arising out or in connection to the payment solution or services provided by the third-party payment provider.

4. Poppy reserves the right, in certain circumstances, to withhold an amount of EUR 0.01 or EUR 0.02 from the User’s chosen payment method in order to verify its validity or to withhold a provisional amount from de User’s chosen payment method once a Rental Period has begun.

5. All Users can obtain an overview of their past or active Rental Periods directly in the Application.

6. All other amounts due under the Terms and Conditions (including the costs as referred to above) will be automatically debited from the User's chosen payment method as soon as they are known to Poppy or directly invoiced by the User. If the exact amount due by the User is not yet known, Poppy will estimate this amount and debit it as security from User’s chosen payment method, who will be notified by email. If the User does not agree with this deduction, they must inform Poppy in the same way within the three (3) Calendar Days after deduction or the date of receipt of this e-mail. In the absence of notification of a dispute, there is an irrefutable presumption that the User has agreed to the deduction. In case of timely dispute, Poppy will inform the User whether or not it will modify the deduction.

7. The amounts due that are not yet paid by the User to Poppy must in any case be paid by the User within seven (7) Calendar Days from the time they are incurred or by the date stated on the invoice issued by Poppy.

8. In the event of late payment, the User will be liable for a compensation clause and late payment interest.

This compensation clause and this interest are applicable immediately and are due without prior formal notice, except where the User is a consumer as defined in the Code of Economic Law; in this case, an initial reminder without fees, giving them a final deadline of fourteen (14) Calendar Days to make the outstanding payment, will be sent to them in advance by e-mail. 

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 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 and the fixed compensation due will be a maximum of (i) 20 euros if the amount outstanding is less than or equal to 150 euros, (ii) 30 euros plus 10% of the amount due on the portion between 150.01 and 500 euros if the outstanding amount is between 150.01 and 500 euros, (iii) 65 euros plus 5% of the amount due on the portion over 500 euros with a maximum of 2. 000 if the outstanding amount exceeds 500 euros. 

If the User is not a consumer as defined in the Code of Economic Law, the legal interest rate applicable will be the higher of the consumer rate or 12% per annum and the fixed penalty payable will be €200 if the outstanding amount is less than or equal to €500 and €350 if the outstanding amount is greater than €500. 

Poppy shall also have the right to deactivate or suspend the Account or 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, 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.

9. This Article will survive termination of this Agreement.

8. PASS & CREDITS PACKAGES

1. Any User may order a "pass" or "credits", whose price is indicated during the order process via the Application. Before the User completes its order, the selected pack plan is displayed in an order summary for examination. The User may then identify and correct any input errors before placing the firm order by returning to the previous page or by clicking on the designated button on the summary page. Poppy reserves the right to accept or decline any order. Orders will be confirmed by Poppy by e-mail or notification. 

2. The discounts provided by a pass apply only to the charges indicated in the said pass, it being understood that the passes are not cumulative (the prices per minute or other discounts are therefore only reduced in relation to a single pass even if the User has several passes or credit packages). Discounted per minute rates are rounded down to the next lower minimum currency unit of the applicable currency.

3. Any pass can be limited in time, in the number of trips, in mileage, or in the number of minutes for a certain fee.

4. A User can order a single pass or opt for a subscription which renews automatically for successive periods identical to the initial period if it is not cancelled at least fourteen (14) Calendar Days before the end of the current period (it being understood that it will then be stopped at the end of the said period). Each subscription is concluded for an indefinite term where the minimum is one (1) month starting from the day the respective Subscription is concluded.

5. In the case of an order for a pass or subscription, any consumer User has a right of withdrawal 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 mention".

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 its 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

1. Poppy shall only be liable (i) for fines imposed as a result of a defect in the Vehicle, which was not easy to notice immediately after starting the engine; and (ii) for damage or loss as a direct result of Poppy's violation of these Terms and Conditions.

2. 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) for loss, theft or damage to any property belonging to the User which would have been left in a Vehicle; or (iii) for 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.

3. 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 be foreseen.

4. 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.

5. In no event shall Poppy's total liability exceed two thousand five hundred (2,500) euros.

6. Any exclusion or limitation stated shall apply to the maximum extent permitted by applicable law.

9.2. User’s Liability

1. The User acknowledges to be liable for any damages, losses and costs arising out its 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 violation of the Terms and Conditions; and

· any third-party claim.

2. The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs and any incident relating to its performance of the Terms and Conditions.

As soon as any damage to the Vehicle has been reported or established, Poppy will arrange for the Vehicle to be repaired or cleaned and will invoice the User for the cost of such repair or cleaning based on the amount charged by the approved garage that carried out the repair or cleaning.

3. Except in cases of gross negligence, wilful misconduct, failure to comply with the Terms and Conditions or use of a Vehicle by a third-party during a Rental Period requested on the User's Account, for which the User must cover all damages, losses and costs and may be subject to an additional administrative penalty of five hundred euros (500 EUR) at Poppy's discretion, the User's liability will be limited to the amount of the insurance franchise in the event of full insurance coverage and/or to the actual amount of damages, losses and costs incurred by Poppy in the event of partial or no insurance coverage. 

If the damages, losses or costs are less than the amount of the insurance franchise, only the lesser amount will be payable by the User. 

4. In the event that Poppy is required to call upon its third-party liability insurance in respect of any particular damages, losses or costs, an additional franchise may be payable by the User if they are under 26 years of age.

5. This Article will survive termination of this Agreement.

10. INSURANCE

1. Poppy undertakes to take out, at all times, the general and third-party liability insurance required by law for all cars and vans. The terms and conditions of the insurance and the insured amounts can be found in AXA's general terms and conditions, available at the following link: https://www.axa.be/fr/informations-juridiques/corporate-non-life/secteur-prive-et-public/mobilite. Only the Confort Fleet Auto Liability, Confort Fleet Auto General Conditions and Confort Auto - Protection of persons in indemnity mode policies are applicable.

2. Notwithstanding such insurance coverage, Poppy shall at all times be entitled to recover from the User, and the User must indemnify and hold harmless Poppy, or its insurer as the case may be, in accordance with and subject to Article 9.2.

 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 THIS AGREEMENT.

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 this Agreement, 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 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: (1) not to remove any intellectual property notices in the Application; (2) not to sell, transfer, rent, lease, grant access or sub-license the Application to any third-party; (3) not to alter or modify the Application; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code or object code from the Application; (5) not to prepare derivative works from the Application and (6) 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 

1. 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. The Agreement shall remain in force for an indefinite period until terminated by either party in accordance with this Agreement. 

2. Either party may terminate this Agreement upon one (1) Business Day notice via Poppy’s Customer Support.

During the fourteen (14) Calendar Days following the conclusion of the Contract, termination by the User may be considered as exercising the right of withdrawal, by making an unequivocal declaration to this effect to Poppy’s Customer Support or by using the model withdrawal form in article 8 above.

3. 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;

· the User fails to pay the Fees or any other amounts due under this Agreement;

· 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; or

· in general, the User does not comply with the Terms and Conditions, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise.

4. 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 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

1. This Agreement 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’s Customer Support.

2. The User accepts that Poppy shall have the right to notify User per pop-up of any changes to these Terms and Conditions. The User’s continued use of the Application, 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 Agreement in accordance with the Terms and Conditions.

 3. 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.

4. 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. Use of an updated Application generally requires that the updated version of the Application is installed on the mobile device. If Poppy indicates that an update is available, this means that if the update is not installed, the availability of the Services or features may be restricted, access to the User's profile may be limited, the effectiveness of security may be compromised, or other malfunctions of the Services may occur. Poppy will provide reasonable notice of any necessary updates. Poppy shall not be liable for any non-conformity of the Services with the Agreement resulting from the User's failure to install the required update within the period specified or, failing that, within a reasonable period of time.

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.

Les fonctionnalités de l'Application, y compris les mesures techniques de protection applicables, ainsi que toute compatibilité et interopérabilité pertinente, sont décrites dans l'Application.

5. 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.

6. The Application is available in French, English and Dutch. The original version of this Agreement is drafted in English. In the event of any discrepancy between the different languages of the Agreement, the English version shall prevail. As far as insurance aspects are concerned, the French texts always prevail.

7. 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 Brussels (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’s Customer Support by e-mail at hello@poppy.be. 

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