1. Glossary

  1. App or application: refers to SMOU
  2. BSM Mobility Services: indicate the services associated with the transport of people, accessible through the SMOU application and provided by Barcelona de Serveis Municipals, SA. These services include: ApparkB, Aparcaments BSM, Endolla Barcelona.
  3. Third-party Mobility Services: indicate the services associated with the transport of people which are accessible through the SMOU application and are provided by other mobility-service suppliers.

 

2. Smou conditions of use

Barcelona de Serveis Municipals, S.A. (hereafter, 'B:SM'), is the supplier of the mobile application known as SMOU (hereafter, the 'application'), with CIF (Company Tax Code) A-08765919.

The following is a description of the conditions regulating the application, structured under the following points:

  1. Downloading and installing the application
  2. Registering on the application
    a) Signing up to the application
    b) Using BSM mobility services
    c) Using third-party mobility services
  3. Using the application
  4. Prices and rates
    a) SMOU application
    b) BSM mobility services
    c) Third-party mobility services
  5. Suspension
  6. Localisation
  7. Intellectual property rights
  8. Updating and modifying the conditions of use
  9. Procedure for suggestions, queries and complaints

2.1 Downloading and installing the application

  • The application requires the use of compatible smartphones, the installation of the Mobile Application and access to the internet (subject to the connection rates that the user’s provider may apply, for which B:SM shall not be responsible or liable under any circumstances). Some of the application's functions cannot be used in areas without mobile phone coverage and/or when telephone data services are not activated. In this case, users declare that they know and accept that the use of this application will not be entirely complete, as it is not possible to receive notifications sent to the terminal or connect to the API provided by website or other services. BSM shall not be responsible, under any circumstances, for problems caused by the elimination or deactivation of access to any of the services. 
  • Proper use of the application may require software updates, for which purposes B:SM may require users to install and always use the latest version of its Mobile Application.
  • It is not necessary to register on SMOU in order to download and install the SMOU application, or to consult the various mobility services.
  • To download the application, users must explicitly accept the terms and conditions of use and the privacy policy.
  • SMOU services are provided for any adult person. Users are responsible for complying with the requirements for using the mobility services provided. Any use of the mobility services by users is subject to compliance with applicable current regulations (driving licences needed to hire vehicles, ID document, etc.).
  • By downloading and using the SMOU application, users demonstrate and guarantee that they are sufficiently able to conclude this agreement.
  • SMOU may collect certain information automatically, including, among others, the type of device used, the ID of the user's mobile devices, the operating system, the type of search engine used and information concerning use of the services. The application collects information on the location of your mobile phone (see section 2.6 Localisation).
  • Users may uninstall the application at any time, in accordance with the procedure established in the operating system of their device.

2.2 Registering on the application

2.2.1 Signing up to the application 

  • To register as a user on the SMOU application, the person concerned must provide all the requested contact data, including personal (NIF, NIE) or company (CIF) identification and, where appropriate, a registered address, a valid personal email address and a mobile phone number. 
  • Users must also activate their account, by means of going to the confirmation page that appears as a link in the email that BSM will send to the email address supplied during the registration process. If they do not go to this link, their account will not be activated, as it will not be possible to verify the supplied email address, and this shall be considered as incorrect.
  • The account holder (or administrator) may choose between two types of registration: (i) Personal account, (ii) Business account. The Personal Account allows payment for services by only one user. The Business Account allows various users to pay for mobility services, which will all be charged to the same bank card.
  • The user-administrator of a business account is responsible for entering the email address and for modifying or eliminating identification data (name or alias), and the restrictions (vehicles, parking conditions, etc.) for mobile users who are able pay for mobility services by charging them to the same business account.
  • The user-administrator of the business account may go to the User Area on the website to create additional mobile users on the business account, subject to the following procedure: The administrator shall provide BSM with the email addresses of the potential users and BSM will send the potential users a link so that they can register on the application, providing their NIF/NIE number and password, and accepting the service’s terms and conditions and privacy policy.

2.2.2 Using BSM mobility services

  • In order to use the mobility services, it is necessary to activate them individually, and in each case, the data needed for activating the service will be requested (where it is not already available).
  • In the case of mobility services that need vehicle data, users must provide the licence number of the vehicle they wish to register.
  • In the case of mobility services that need payment details, users must provide a bank card, which will be validated in real time. In order to register the payment card associated with the account, a safe verification procedure will be followed, allowing its identification (number, name, expiry date, CVV).
  • The application allows only one bank card per account (for both personal and business accounts), the holder of which shall be a natural person (private or self-employed persons) or legal entity (companies, associations, etc.).
  • The account holder may modify the registered bank card when they wish, either through the application itself or through the User Area on the www.smou.cat website. Every time a change is registered, BSM shall initiate the verification process established in the points above. 
  • The account holder is obliged to give accurate information and to give notice of any changes to the payment, personal or contact data for their account.
  • In case of the loss or theft of the bank card, the account holder must immediately notify the cancellation of the card to their bank, which will prevent the application's payment gateway from making new charges on the card that has been lost or stolen, and duly notified.

2.2.3 Using third-party mobility services

  • The SMOU application includes content and services provided by third parties and/or links to third-party services, websites and resources.
  • B:SM is not responsible for their availability, functioning, accuracy, adherence to third-party policies or legality. Users bear sole responsibility and assume all the risks arising from the use of those third-party websites, services or resources.
  • A collaboration framework has been established between B:SM and these third-party mobility-services providers.

2.3 Using the application

  • The SMOU application can be used without initiating a session, but with limited functions.
  • The functions available without initiating a session are: visualising the location of the various mobility services (POIS), as well as information on them; navigation by map; showing vacant regulated parking places; visualising the services offered by the app.
  • The functions that require a session to be initiated are: activation of services (e.g. ApparkB, Aparcaments BSM, etc.) and their use (e.g. initiating parking through the ApparkB service), managing vehicles, notifications, etc. 

2.4 Prices and rates

2.4.1 SMOU application

  • The downloading, registering, use and maintenance of the mobile application is totally free and can be done through official mobile-application markets for compatible smartphone operating systems. B:SM reserves the right to modify these economic conditions at any time, with prior notification.

2.4.2 BSM mobility services

  • The user's contracting of BSM mobility services through SMOU is on condition of paying BSM for the services they contract. BSM service-contract rates are clearly published on the SMOU application.

2.4.5 Third-party mobility services

  • Any third-party mobility services that users contract through SMOU is on condition of paying the service provider the corresponding rates for the contracted mobility services. The mobility services rates are clearly published on the SMOU application, in accordance with the indications of the providers concerned.
  • When users enter a contract with a third-party mobility services provider, they must facilitate their payment details (credit card) to the provider of that mobility service. SMOU will not have access to the user's payment details.

2.5 Suspension

  • Improper, incorrect or inappropriate use of the application, or the falsification of data, may lead to the use of the application being temporarily or permanently blocked.

2.6 Localisation

  • Users accept that the SMOU application collects information on the location of their mobile device, and it will need their mobile device to be switched on, activated and with coverage in order to work.
  • The localisation data will be processed by BSM anonymously, with the aim of improving its services and for mobility-related purposes.
  • Users may revoke their consent for activation of the localisation service at any time, by means of the corresponding option on their device.
  • In the case of revoking consent for activation of the localisation service, use of the application will be incomplete, as some services will no longer work.

2.7 Intellectual property rights

  • The SMOU and the service content, including the services provided, except for third-party services, belong to Barcelona de Serveis Municipals, SA (hereafter BSM), with CIF tax number A-08765919 and a registered Barcelona address at C/ Calàbria 66, 08015 Barcelona, listed in the Barcelona Mercantile Register in volume 34702, folio 138, sheet B-108.458. It is a public company completely owned by Barcelona City Council, and its purpose is to run various mobility services. BSM owns the smou.cat dominion, hosted on the URL www.smou.cat.

2.8 Updating and modifying the conditions of use

  • B:SM reserves the right to review and modify these legal conditions at any time. Users are subject to the policies and conditions in force at the time the service is used, unless a law or decision by a competent authority says otherwise.

2.9 Procedure for suggestions, queries and complaints

  • For any suggestion, enquiry, complaint or claim, the user can go to www.smou.cat.

 

3. Specific terms and conditions of use for each mobility service:

SMOU services are provided for any adult person. Users are responsible for complying with the requirements for using the mobility services provided. Any use of the mobility services by users is subject to compliance with applicable current regulations (driving licences needed to hire vehicles, ID document, etc.).

  • ApparkB service conditions of use
  • Aparcaments BSM service conditions of use
  • Third-party service conditions of use

3.1 ApparkB service conditions of use

Barcelona de Serveis Municipals, S.A. (hereafter, 'B:SM'), is the provider for the ApparkB service, for paying for parking in the Barcelona area (hereafter, the 'service').
The following is a description of the conditions regulating the mobile-payment service, structured under the following points:

  1. Accessing the service
  2. Activating the service
  3. Using the mobile application Parking
  4. Prices and rates
  5. Parking terms and conditions of the service
  6. Conditions for invalidating a digital ticket claim
  7. Payment conditions

3.1.1 Accessing the service

  • The service is equivalent to parking meters, and is based on smartphones that have an online data connection and a GPS system. This free service allows users to pay parking charges for their vehicle in adapted areas of the City of Barcelona, paying only for the effective parking time, by using what is known as the Start & Stop Method, and without any need to physically go to pay at parking meters or having to print out a ticket on paper.
  • As this payment system is equivalent to the one currently being used, the service user can opt to use the parking meter or the area mobile application each time they park; parking conditions are the same for both alternatives.
  • The service requires the use of compatible smartphones, the installation of the Mobile Application and access to the internet (subject to the connection rates applied by the user’s provider, for which B:SM shall not be responsible or liable under any circumstances). Proper use of the service may require software updates, for which purposes B:SM may require users to install and always use the latest version of its Mobile Application.
  • Users must register on the application in order to use the service. They must explicitly accept the application's terms and conditions of use and its privacy policy.

3.1.2 Activating the service

  • In order to use the ApparkB service, users must first be registered on SMOU, and then later activate the ApparkB service. In order to activate the service, users will be asked for the necessary data (if it is not already available): vehicle data (the user must provide the licence number of the vehicle they wish to register) and payment details (the user must provide a bank card).
  • If it is a personal account, the user is only allowed to pay for the parking of one vehicle at a time. If it is a business account, various users can pay for parking at the same time and charge it to the same account. However, each user may only park one vehicle at a time.

3.1.3 Using the mobile application. Parking.

  • In order to use the service, the system users must download and configure the mobile application in a compatible smartphone, initiate a session using their mobile application access data (valid and active from an open account) and activate the ApparkB service.
  • Users may configure the mobile application in order to receive notifications and warnings relating to current parking.
  • Although they are configured, these warnings may not be received by the user, due to causes that are not attributable to B:SM (such as a lack of connectivity, low battery, etc.).
  • The rights and obligations concerning the mobile application’s digital (non-paper) ticket are the same as those obtained at a parking meter, with the start/stop being the receipt. However, B:SM reserves the right to request visible identification in the vehicle at a future time. In this case, the user promises to obtain this label and to display it in the indicated place.
  • The service user may only obtain and pay for digital tickets that are valid for parking in blue parking places, or green parking places as non-residents, as well as other regulated parking places that may be available in the city. However, B:SM reserves the right to extend the range of application of the digital parking ticket accessible through the application. In this case, BSM shall notify users about the new range of application.
  • The device's GPS tracker must be activated for Start/Stop operations.

3.1.4 Prices and rates

  • The downloading, registering, use and maintenance of the application is totally free and can be done through official mobile-application markets for compatible smartphone operating systems. B:SM reserves the right to modify these economic conditions at any time, with prior notification.
  • The user-administrator shall pay the parking charge according to current rates regulated in Barcelona City Council by-laws for each zone of the area, in accordance with the effective time-of-use of the parking place.

3.1.5 Parking terms and conditions of the service

  • In order to initiate use of the service, the user must stand next to the vehicle and request initiation of the parking operation. At the moment the parking service begins, the application uses the GPS tracker; if this is deactivated, the user will not be able to initiate the operation. The user must then indicate the type of parking place and the vehicle.
  • The parking time is calculated using the start/stop mode. Therefore, the user must indicate the time of arrival and the time of leaving the parking place, through the application. Therefore, at the moment the operation stops, the user must also have their GPS tracker activated.
  • A mobile user may only have one parking operation open at any given time. It is not permitted for one user to have two simultaneous parking operations in progress, even if they are for different vehicles or places.
  • Although the application will facilitate and assist the user in selecting the parking conditions, it is the user who is ultimately responsible for the parking conditions indicated in their parking request: type of zone, time conditions, maximum time, etc.
  • Any error committed by the user while indicating their parking operation conditions may result in the user being subject to the fines established in current legislation. To all intents and purposes, the digital ticket is equivalent to the issuing of a physical ticket, in regard to the possibility of proving authorisation for occupying a parking place.
  • A digital ticket does not exempt the user from compliance with the time limitations for the occupied parking place. Where use of the parking place has expired, or the maximum time limit has been exceeded, the user may be subject to a fine, in the same way as with tickets obtained from parking meters.
  • BSM may refuse a parking request due to various reasons which, in any event, will be communicated to the mobile user. For example, this may be due to restrictions on the account, parking conditions or payment conditions, or because the place is out of service.
  • Acceptance of the parking request shall be subject to prior bank authorisation for an amount equivalent to the maximum time limit for using the requested parking place, in terms of the corresponding rate and time limit. Otherwise, the parking request will by refused and the user will be informed.
  • Users are responsible for verifying whether their parking request has been accepted or refused. In the case of the user's request being refused, they will receive notification on their device. Confirmation of the user's request being accepted will be clearly seen, because the application will start to calculate the parking time.
  • In cases where it is impossible to see information or receive warnings about the digital ticket, this does not exempt users from their obligations concerning the regulated parking place. This includes any technical cause or incident outside the responsibility of B:SM, attributable to the mobile device (state, configuration, battery, incorrect functioning of the device, etc.) or telecommunications channels or operators.
  • In order to stop a current parking time in the start/stop mode, the user must stand next to their vehicle in the parking place concerned and use the application to send an end-of-parking request for the current operation.
  • The user is completely responsible for maintaining their own mobile phone in a good state of repair and with adequate battery power, in order to ensure that they can finalise the parking tickets initiated in start/stop mode. However, if this does happen, the user may use any other compatible mobile device, download the area mobile application, initiate the session and then indicate the end of the current parking operation.
  • BSM shall not be responsible for the additional parking time users must pay for due to not notifying the end of an open start/stop mode parking operation due to causes not attributable to the service. These include all of those causes related to the device (no battery, not working, etc.) and those related to internet communication channels (no mobile network, no WiFi network, etc.).
  • If a user does not notify the end of an open start/stop mode parking ticket, this will automatically close once the maximum permitted time limit is surpassed, and the corresponding amount will be charged to the user's personal or business account.
  • The user will receive a ticket on their mobile which will indicate the start time, the stop time, the rate and the regulated time for the parking place.
  • Improper, incorrect or inappropriate use of the mobile-payment application, or the falsification of data, may lead to use of the application being temporarily or permanently blocked.
  • If the mobile phone is lost or stolen, the account’s user-administrator must notify their telephone operator. They may do this using another terminal.

3.1.6 Conditions for invalidating a digital ticket claim

  • In cases where service users find that there is a claim concerning their vehicle and they believe that they meet the legally valid terms and conditions for invalidating it, B:SM offers a system for paying for invalidating the claim on their digital tickets through the application.
  • The user-administrator may configure whether a mobile account user can invalidate claims by charging them to the account concerned or not.
  • The application allows claims concerning digital and physical tickets to be invalidated.
  • Additionally, and under any circumstances, the service user may also go to a parking meter to pay and invalidate a claim relating to a parking operation carried out using the service.
  • In accordance with current legislation, the person reported shall be the vehicle owner and not the service user who has parked the vehicle using the application.

3.1.7 Payment conditions

  • The user-administrator must make service payments using the registered bank card. The user-administrator must pay all the parking periods activated through the Start & Stop system. After receiving a parking request, B:SM will charge the registered bank card.
  • The service only allows one payment card per personal or business account, owned by a specific natural person (private or self-employed) or legal entity (companies, associations, etc.).
  • During the registration process for the payment card associated with the account, a safe verification procedure will be followed, allowing its identification (number, name, expiry date, etc.).
  • The user-administrator may modify the account’s payment card by carrying out an online purchasing process equivalent to the one performed during the registration process, and this can be done through the SMOU website or app.
  • Modifying the card associated with the account requires that there not be any open parking operations or pending payments.
  • The account holder is obliged to give accurate information and to give notice of any changes to the payment, personal or contact data for their account.
  • The user-administrator may consult detailed information concerning all the parking operations paid by their account, as well as the invoicing for parking operations and any possible AREA services by selecting various selection and organisational criteria: periods, vehicles, mobiles.
  • In case of the loss or theft of the bank card, the account holder must immediately notify the cancellation of the card to their bank, which will prevent the application's payment gateway from making new charges on a card that has been lost or stolen.

3.2 Third-party service conditions of use

  • The SMOU application includes content and services provided by third parties and/or links to third-party services, websites and resources.
  • In order to contract third-party services (mobility services offered by the various providers), it is necessary to register on them individually. SMOU facilitates access to registration with the various available providers through the app, taking the user to the provider's application.
  • B:SM does not assume any responsibility for mobility services offered by the various third-party providers, nor for any incidents arising from those services. The providers are responsible for managing and resolving any eventual incidents, queries, complaints, etc. relating to their own services. 
  • B:SM is not responsible for their availability, functioning, accuracy, adherence to third-party policies or legality. User bear sole responsibility and assume all the risks arising from the use of those third-party websites, services or resources.
  • Users are responsible for accepting the conditions of use inherent in each of the third-party services that they wish to use.
  • A collaboration framework has been established between B:SM and these third-party mobility-services providers.