1. GLOSSARY

  1. App or the Application: refers to smou

  2. Serveis de Mobilitat de B:SM and/or BMA: indicate services associated with the transport of people which are accessible through the smou app and provided by Barcelona de Serveis Municipals, SA and/or the Barcelona Metropolitan Area, within the framework of the collaboration agreement between BMA, BMA Information, Barcelona City Council and B:SM, through the Metropolitan Parking Platform. These services include: ApparkB, B:SM Car Parks, Endolla Barcelona, Bicing.

  3. Third-party Mobility Services: indicate services associated with the transport of people which are accessible through the smou application and provided by mobility-service suppliers other than B:SM.

2. SMOU TERMS AND CONDITIONS OF USE


Barcelona de Serveis Municipals, S.A. (henceforth, B:SM), is the provider of the mobile application known as smou (henceforth, the Application), with CIF (Company Tax Code) A-08765919.

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

  1. Downloading and installing the Application

  2. Registering with the Application

    • Signing up to the Applicatio

    • Use of B:SM and/or BMA mobility services

    • Use of third-party mobility services

  3. Use of the Application

  4. Prices and rates

    • Smou Application

    • B:SM and/or BMA mobility services

    • Third-party mobility services

  5. Suspension

  6. Localisation

  7. Intellectual property rights

  8. Updating and amending the terms and conditions of use

  9. Procedure for suggestions, queries and complaints

2.1. Downloading and installing the Application

  • The application requires the use of compatible smart phones, the installation of the Mobile Application and access to the internet (subject to the connection rates that the user’s supplier may apply and which B:SM is not liable for and shall be fully indemnified against). 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 that case, the User declares that they know and accept that use of this application will not be entirely complete, when it is not possible for them to receive notifications sent to the terminal or to connect to the API provided by website or other services. B:SM shall not be responsible in any case 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 reason B:SM may require users to install and always use the latest version of its Mobile Application.

  • There is no need to register with smou for the purposes of downloading and installing the smou Application or consulting the various mobility services.

  • Smou's services are aimed at anyone of legal age, with users responsible for compliance with the requirements for use of 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, the User expresses and guarantees they have sufficient capacity to enter into this agreement.

  • Smou may automatically collect certain information, including the types of device that the User uses, the ID of the user's mobile devices, the operating system, the types of search engine the User uses and information concerning use the User makes of the services. The Application collects information on the location of your mobile phone (see section 2.6 Localisation).

  • The user may uninstall the Application at any time, under the procedure provided for in their device's operating system.

2.2. Registering with the Application

2.2.1. Signing up to the Application 

  • Whoever signs up to the smou Application as a user shall have to provide all the contact data requested, including their personal or operation code and, where necessary, their company or trade name, a valid personal email address and a mobile phone number. The user must explicitly accept the application's terms and conditions of use and its privacy policy and services.

  • The user must also activate their account by accessing the confirmation page that will appear as a link in the email sent by B:SM to the email address the User supplied during their registration process. If they do access that link, their account will not be activated, as it will not be possible to verify the email address they supplied, which shall be deemed 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 a single user. The Business Account allows several users to pay for mobility services at the same time, charged to the same bank card.

  • The User Administrator of a Business Account is responsible for entering the email address and for amending or removing identification data (name or alias), and the restrictions (vehicles, parking conditions, etc.,) for Mobile Users able pay for mobility services, charged to the same Business Account.

  • The User Administrator of the Business Account may use the Website’s user area to create additional Mobile Users on the Business Account, subject to the following procedure provided for below: The User Administrator shall provide B:SM with the email addresses of potential users and B:SM will send a link to potential users through which the User must register for the application, providing their tax identification number (NIF/NIE) and password, and accepting the service’s terms and conditions and privacy policy.

2.2.2. Use of B:SM and/or BMA mobility services

  • The mobility services must be individually activated before they can be used and in each of the cases the necessary data (where they are not available) will be requested so the service can be activated.

  • Where the mobility services require vehicle data, the User shall have to provide the licence number of the vehicle they wish to register.

  • Where the mobility services require payment details, the use shall have to provide a bank card, which will be validated in real time. For the purposes of registering the payment card associated with the account, a secure verification procedure will be followed for enabling its identification (number, name, expiry date, CVV).

  • The Application allows only one registered bank card per account (for both Personal and Business Accounts), whose holder is a natural (individuals or freelances) or legal person (companies, associations, etc.)

  • The Account holder may amend the registered bank card whenever they so wish, through the application or through the www.smou.cat website’s user area. Every time a change is registered, B:SM will initiate the verification process established in the points above. 

  • The Account holder is under an obligation to provide reliable information and give notice of any changes to their Account’s payment, personal or contact details.

  • Where their bank card is lost or stolen, the Account holder must immediately inform their bank and have it cancelled, thereby preventing the Application's payment gateway from being able to make further charges on the lost or stolen card, and duly notified.

2.2.3. Use of third-party mobility services other than B:SM

  • The smou Application includes content and services provided by third parties and/or links to third-party services, websites and resources.

  • B:SM and/or BMA shall not be responsible for the availability, functioning, accuracy, adherence to third-party policies or the legality of the same. The user shall be exclusively liable for and assume all the risks arising from the use of such third-party websites, services or resources.

  • A collaboration framework has been established between B:SM/Barcelona City Council and these third-party mobility-services providers.


2.3. Use of the Application

  • The smou application can be used without starting a session, but with limited functions.

  • The functions available without starting a session are: displaying the locations of, as well as information on, the various mobility services (POIS); map browsing; predicting vacant regulated parking places; displaying the services offered by the app.

  • The functions that require an initiated session are: activation of the services (e.g. ApparkB, agilPark, etc) and their use (e.g. initiating parking through the ApparkB service), vehicle management, 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. B:SM and/or BMA mobility services

Use of the mobility services provided by B:SM and/or the Metropolitan Parking Platform through smou is subject to payment being made to the B:SM or each of the Metropolitan Parking Platform's member municipalities for the services hired. The B:SM and Metropolitan Parking Platform’s mobility service rates are published clearly on the smou Application.

2.4.3. Third-party mobility services

  • Use of third-party mobility services through smou is subject to payment of the fee corresponding to the mobility service being made to the supplier of the service. The rates for mobility services are the responsibility of the provider of this service, and are published on the corresponding channels, whether telematic or face-to-face.

  • When users hire a third-party mobility service from a third-party supplier, they shall have to provide the Supplier of that mobility service with their payment (bank card) details. Smou will not have access to the user's payment details.

2.5. Suspension

  • Improper, incorrect or inappropriate use of the Application, or falsification of data may lead to temporary or permanent blocking of the Application's use.

  • Where a mobile phone is lost or stolen, the Account’s User Administrator must notify their telephone operator of this fact.

  • In any case, the User may carry out their operation from another terminal.


2.6. Localisation

  • Users accept that the smou Application collects information on the location of their mobile device and requires it to be switched on, activated and with coverage for it to work.

  • The localisation data will be processed by B:SM anonymously, for service-improvement or mobility-related purposes.

  • The user may at any time revoke their consent to the localisation service's activation, through their device's corresponding option.

  • 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

Smou and the content of the services, including services provided in Barcelona except for those from third parties and other municipalities that are members of the Metropolitan Parking Platform, belong to Barcelona de Serveis Municipals, SA (henceforth B:SM), with Tax ID number (CIF) A-08765919 and head office in Barcelona, C/ Calàbria 66, 08015 Barcelona, registered with the Barcelona Companies Registry, in volume 34702, folio 138, sheet B-108.458. It is a public company wholly owned by Barcelona City Council, and its object is to manage various mobility services. B:SM is the owner of the smou.cat domain, which is hosted on the URL www.smou.cat.


2.8. Updating and amending the terms and 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. GENERAL TERMS AND CONDITIONS OF THE SERVICE


Smou's services are aimed at anyone over the age of 16, with users responsible for compliance with the requirements for use of 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.)

3.1. Use of the mobile Application

The Service requires the use of compatible smart phones, the installation of the Mobile Application and access to the internet (subject to the connection rates that the user’s supplier may apply and for which B:SM and/or BMA is not liable and shall be fully indemnified against). Proper use of the service may require software updates, for which reason B:SM may require users to install and always use the latest version of its Mobile Application.

  • The User may configure the mobile application to receive notifications over use of the service through the Mobile Application.

  • Despite being configured, these notifications may not be received by the User for reasons not attributable to B:SM and/or BMA (such as a lack of connectivity, low battery, etc.) 

  • The impossibility of seeing information or receiving notifications regarding digital tickets in progress on the mobile Application shall not exempt users from their obligations with regard to their use of this service. This includes any technical cause or incident outside the responsibility of B:SM and/or BMA, attributable to the mobile device itself (state, configuration, battery, incorrect functioning etc.,) or telecommunications channels or operators.

  • B:SM shall not be liable for any consequences that the User may experience  for reasons outside the control of the Service.

3.2. Payment conditions 

  • The User Administrator shall have to make their payments for the Service through the Registered Bank Card.

  • The card associated with the Account may only be amended where there are no open or payment-pending operations.

  • The User may consult detailed information on all operations paid for with their own Account, by selecting various selection criteria.

  • For all those payment services, once an operation begins, B:SM will charge an amount of less than €0.05 for checking the card’s operational status, which will be returned to the User within a few minutes. Where the result of the check shows the card is not operational, the service will not proceed.

4. SPECIFIC TERMS AND CONDITIONS OF USE FOR EACH MOBILITY SERVICE:


4.1. ApparkB service's terms and conditions of use

Barcelona de Serveis Municipals, S.A. (henceforth, B:SM), is the provider of the ApparkB service for making payments for vehicle parking in the Barcelona metropolitan area (henceforth, the Service).

The terms and conditions governing the Service are structured under the following points:

  1. Access to the service

  2. Activation of the service

  3. Use of the mobile application

  4. Prices and rates

  5. Parking Service's terms and conditions

  6. Conditions for cancelling a digital Ticket penalty charge 

4.1.1. Accessing the service

  • The service acts as a parking meter and is based on smart phones that have an online data connection and a GPS system. When it comes to vehicle parking charges in the adapted areas of BMA municipalities that subscribe to the Metropolitan Parking Platform, this free Service enables Users to pay only for their effective parking time, through what is known as the Start & Stop Method, without having to go to parking meters in person or to print out a ticket on paper.

  • Given that this is a payment system equivalent to the current one, the Service user can choose to use either the parking meter or the mobile Application whenever they park (the parking conditions are the same in both cases).

4.1.2. Activation of the service

  • A Personal Account only allows for payments to be made for a single vehicle at any time. A Business Account allows several users to pay for parking at the same time, charged to the same account. Even so, each user may only park one vehicle at a time.

4.1.3. Use of the Mobile Application

  • The rights and obligations of digital (paperless) tickets through the mobile Application are the same as the ones obtained at a parking meter, with the start and/or stop being the receipt. However, B:SM and/or the BMA reserves the right to request visible identification in the vehicle in future, in which case, the User undertakes to obtain this sticker and put it in the place indicated for this purpose.

  • The User of the Service may only obtain and pay for digital tickets that are valid for parking in regulated shared parking places for non-residents in each municipality, as well as other regulated parking places that may be available in the city. Even so, B:SM reserves the right to extend the scope of application of digital parking tickets accessible through the Application, in which case, B:SM will notify users of the new scope of application.

  • The device's GPS tracker must be activated for Start/Stop operations.

4.1.4. Prices and rates

The User Administrator shall pay the parking fee established in accordance with the current rates regulated by Barcelona City Council's byelaws corresponding to each regulated parking zone, according to the parking place's effective time of use.

4.1.5. Parking terms and conditions of the service

  • To initiate use of the service, the User must stand next to the vehicle and request the parking operation to start. Once the parking service begins, the Application will use the GPS tracker, unless it is deactivated, in which case the User will not be able to start 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 as good as an issued paper ticket for accrediting authorisation to occupy 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.

  • B:SM and/or BMA may refuse a parking request for several reasons which, in any case, will be stated 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. If the User's request is refused, the User will receive notification of this on their device. Confirmation of the request's acceptance will be displayed as the Application will start to calculate the parking time.

  • To finalise the parking time in progress 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 operation in progress.

  • The User is fully responsible for keeping their own mobile phone in good condition and with sufficient battery power to ensure that they can finalise the parking tickets started in start/stop mode. If, despite all the above, something were to happen to their mobile device, the User may use any other compatible mobile device, download the mobile Application, start the session and then state the end of the parking operation in progress.

  • B:SM and/or BMA shall not be responsible for the additional parking time that the User has had to pay for not having notified the end of an open start/stop mode parking operation for reasons outside the control of the Service itself. 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 the User does not notify the finished use of a parking ticket opened in start/stop mode, that ticket's validity will automatically end once the maximum permitted time limit has been exceeded, and the corresponding amount will be charged to the User’s Personal or Business Account.

  • The User will receive a ticket on their mobile stating their parking place’s start time, stop time, rate and regulated time.

4.1.6. Conditions for cancelling a Barcelona digital ticket penalty charge

  • This function is only available for cancelling notifications of Barcelona penalty charges.

  • B:SM offers the User of the Service, where they are issued with a vehicle-parking fine by Barcelona City Council and they believe they meet all the legally valid terms and conditions for cancelling that fine, a system for paying for the cancellation of their digital Ticket-related fine through the Application

  • A User Administrator may change the Application’s settings to determine whether or not a Mobile User associated with their Account may cancel fines charged to the account concerned.

  • The Application enables cancellations of fines relating to both digital and paper tickets.

  • 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.


4.2. agilPark service Terms and Conditions of Use (B:SM Car Parks)

Barcelona de Serveis Municipals, S.A. (henceforth, B:SM), is the provider of the Servei agilPark for paying for vehicle parking by the minute and automated access to B:SM parking places (henceforth, the Service) through the “smou” mobile application (henceforth, the Application).

The terms and conditions governing the Service are structured under the following points:

  1. Access to the service

  2. Activation of the service

  3. Use of the mobile application

  4. Prices and rates

  5. Parking Service's terms and conditions

  6. Terms and conditions of use of parking vouchers and other discounts with the service

  7. Parking-use rules

4.2.1. Access to the service

  • The Service is as good as using a parking ticket machine in the traditional way, but works with smart phones that have an Internet data connection and a licence-plate reading system that is installed in car parks. 

  • The Application, which can be downloaded for free, enables the User to pay to park their vehicle in a car park without the need to use a paper ticket or go in person to a parking ticket machine.

  • Given that this is a payment system equivalent to the current one, the User of the Service may choose to use the mobile Application or to park in the traditional way, by collecting a paper ticket at the entrance and paying at the parking ticket machine before they leave.

4.2.2. Activation of the service

  • To activate the licence-plate-reading ticket, the User will have to select which of the vehicles registered in the Application they wish to use this service for. 

  • A Personal Account only allows for payments to be made for a single vehicle at any time. A Business Account allows several users to pay for parking at the same time, charged to the same account. Even so, each user may only park one vehicle at a time.

4.2.3. Use of the Mobile Application

The rights and duties of a digital (paperless) ticket are the same as those of a paper ticket, with the digital ticket displayed by the Application acting as the supporting document. 

4.2.4. Prices and rates

The User must pay the parking fee established in accordance with the current rates in force at Aparcaments B:SM, according to the length of their vehicle’s stay at the car park and any discounts that may apply.

4.2.5. Parking terms and conditions of the Service

  • To initiate use of the Service, the User will have to drive their vehicle (whose licence-plate number is registered with smou) to the entry-barrier area, where there will be a camera installed for recognising licence plates. If the User has their automated-entry option activated for licence-plate reading, the barrier will rise, sparing the User the need to take a ticket. A virtual ticket will then be created stating the start date and time.

  • If the User does not have the automated-entry option activated for reading the licence plate of the vehicle they are driving, or they wish to use the Application to pay for their parking, they will have to collect a paper ticket and scan its barcode or QR code, which they will find printed on it. That way the ticket will remain digitised and continue operating from that moment on, through the Application.

  • To conclude the parking period, the User will simply have to drive their vehicle to the exit, and once the camera has read its licence plate, the barrier will rise. The ticket will then terminate and the amount corresponding to the parking period will be charged through the Application. This will be charged to the bank card associated with the User's Account.

  • At the start of the parking period, a check will be carried out to ensure the registered card is valid. Where the payment transaction cannot be concluded for a reason attributable to the User, the User will have to complete their parking payment at the parking ticket machine or resolve the incident communicated before they leave.

  • If the parking period termination operation cannot be completed for reasons attributable to B:SM (e.g. lack of connection with servers), the User may leave as usual by opening the licence-plate-reading barrier and the digital ticket for parking will then finish and be paid for once the service is re-established. 

  • The User is responsible for verifying whether the digital ticket was correctly allocated to their Account. The digital ticket is as good as a paper one to all intents and purposes, and acts as the legal supporting document for their parking.

  • The User will receive a receipt on their mobile stating the start and end times of their parking period, the final price and the car park, which can be consulted from the Application and the smou website: www.smou.cat.   

    

4.2.6. Terms and conditions of use of parking vouchers and other discounts with the service

When parking vouchers and other discounts from Aparcaments B:SM are available (for example, subscription discounts, group discounts, day products), B:SM will inform users of them.
PARKING VOUCHERS: In the payment of stays by the minute at the car parks, the discounts of any parking vouchers may be applied. Parking vouchers will operate as follows:

  • Entering parking vouchers in the app: the user will have to scan the QR code printed on the paper parking vouchers, at any time. Once scanned, the digital voucher will be stored in the app, and the paper voucher will lose validity to be used in paper form (it cannot be used for parking machine payments).

  • Use of the parking voucher: during any parking stay (after entering and before leaving the car park), the user will be able to select the vouchers they wish to apply to their active digital ticket, so they will only be charged for the remaining amount corresponding to the stay, if any. If not all the time of the voucher is consumed, the remaining time is lost.

  • Multiple selection of vouchers: in the case of selecting 2 or more cumulative vouchers to apply in the current ticket, the ordering criterion will be as follows:
    - If there is a voucher from those selected that meets the condition that by itself covers the entire duration of the stay, this will be consumed. The rest can be used in other stays.
    - If no voucher meets the above condition, several vouchers will be consumed. Ordering criterion: the voucher with the longest duration will be consumed first. Then the rest of vouchers until covering the stay, and the order of consumption of these will be from shorter (duration) to longer.

SUBSCRIBERS DISCOUNT: Those subscribers with a 50% discount on parking per minute in the other B:SM network car parks can also make use of this discount through smou. This discount applies only to the subscribed vehicle selected to enter by automatic number plate recognition.

4.2.7. Rules of use of the car park

Accessing this establishment by vehicle or as a pedestrian implies acceptance of these rules.

  • It is mandatory for vehicles to be parked within their parking place limits. Where a parked vehicle wholly or partially occupies a second parking place, B:SM shall reserve the right to apply the current rate for occupying that second parking place.

  • Parking is prohibited in places that are reserved or signposted by any means.

  • Respect places intended for clients with reduced mobility.

  • Delivery of the vehicle’s keys for storage shall not be accepted.

  • The signs distributed throughout the car park must be followed, as well as instructions from service staff, which will prevail over any sign.

  • Places may only be used for vehicle parking. Any other use is prohibited.

  • The User shall be liable before the B:SM and all other users, for any damage or loss they cause for failure to comply with their duties or for their reckless driving of the vehicle inside the car park grounds (Art. 5(1) and 2 of Act 40/2002).

  • Car park recommendations: Do not leave items on view inside the vehicle. Users have a free storage service at their disposal.

4.3. Endolla Barcelona service terms and conditions of use

Barcelona de Serveis Municipals, S.A. (henceforth, B:SM), is the provider of the Endolla Barcelona service for electronic vehicle charging (henceforth, the Service) through the “smou” mobile application (henceforth, the Application).

The terms and conditions governing the Service are structured under the following points:

  1. Access to the service

  2. Activation of the service

  3. Use of the mobile application

  4. Prices and rates

  5. Terms and conditions of the service

  6. Charging points rules of use

4.3.1. Access to the service

  • This Application, which can be downloaded for free, enables the User to activate the various municipal electric-vehicle charging points located on Barcelona’s streets and in the network of B:SM car parks.

  • A charging service can also be reserved 20 minutes in advance at points located on the street.

4.3.2. Activation of the service

  • To use the service, the User must first be registered with smou and must then activate the Endolla service. An electric vehicle must also be registered and its category stated: car, motorbike, taxi, DUM (Urban Goods Distribution). In the case of Taxis or DUMs, contact shall have to be made through the www.endolla.barcelona website’s contact form.

  • A Personal Account only allows one single vehicle to use charging points at any time. A Business Account allows several users to charge several vehicles at the same time. Even so, each user may only charge one vehicle at a time.

4.3.3. Use of the Mobile Application

The User will receive a receipt on their mobile stating the start time, finishing time, energy provided and charging point, which can be consulted from the Application and the user zone at: www.smou.cat

4.3.4. Prices and rates

The User must pay the fee applicable for charging their vehicle in accordance with the B:SM’s current rates, published at all times on the Application, depending on the energy provided and any discounts that may apply.

4.3.5. Terms and conditions of the Service

  • To be able to reserve a point or start charging, the User must class at least 1 vehicle as an “electric vehicle”. It shall be mandatory for the User to class the vehicle type as a car or motorbike.

  • To start charging, the User shall have to park the vehicle in the authorised place and select start charging. The Service will activate a QR code reader and the User will have to focus their mobile camera on the QR code installed at the point. Once identified, the point will be activated and the client will have sufficient time to plug in their vehicle. 

  • As for points located on streets, where the User's camera is not working properly or the code is in poor condition, the User may start charging by selecting the point on the map and activating the Start Charging button. The client's location will be verified by GPS, but unless they are near the point, the charging service will not be activated.

  • Use of the points located in the B:SM Car Parks network shall require access with the vehicle (parking-related costs are not included in the Endolla service).

  • There are 4 categories of charging points: car, motorbike, taxi and DUM (Urban Goods Distribution). A charging point may only be activated or reserved if a vehicle in the same category as the point is selected.

  • To make a reservation, the User shall have to select the point they want on the map and then select the “reserve” option. Only points located on streets may be reserved, as this option is not available for points located in the B:SM Car Parks Network. The User will have 20 minutes available to them to reach the point and start charging. Once the reservation period has lapsed, the point will become free and any other user will be able to use it. Nor may reservations be linked together. Once a reservation has been used up or cancelled, the Client shall have to wait for a specified period of time before they can make a new reservation.

  • As for points on streets, the User is entitled to use an electric-charging place there for the period stated on the vertical sign. As for points located in B:SM Car Parks, the maximum charging time is 12 hours.

4.3.6. Charging points rules of use

  • The User undertakes to use charging point facilities correctly. Should the User breach this undertaking, B:SM shall reserve the right to take any measures it deems fit against the User in response to their improper use of the facility, including claiming for payment of the facility’s repair costs, claiming for any loss or damage caused by the improper use and the permanent cancellation of the User's registration with the charging service.

  • Places available for charging electric vehicles shall be used solely and exclusively for that purpose and within the maximum time limit established in the signage at the charge point.

  • Should the place be used beyond the established maximum time limit, B:SM reserves the right to take the necessary action to ensure its use for other Users.

  • Improper use of places may be grounds for imposing a fine and/or having the vehicle removed by the municipal towing service with the corresponding expenses derived from this service.

  • B:SM shall not be responsible or liable for any issue that prevents the User from charging their vehicle, be it for technical reasons or acts of vandalism / antisocial behaviour.

4.4. Terms of Use of the Bicing Service

Barcelona de Serveis Municipals, S.A. (hereinafter "B:SM"), is the provider of the Bicing Service for the individualized bike transport service, known under the brand name Bicing, in the city of Barcelona (hereinafter "the Service") through the mobile application called "smou" (hereinafter "the application").

The conditions that regulate this Service are described below and are structured in the following points:

  1. Activation of the service

  2. Using the Mobile Application

  3. Prices and Rates

  4. Bicing rules of use

 

4.4.1. Activation of the service

  • To activate the Bicing service (start the process of re-registration to the Bicing service), the user will have to choose the rate, enter personal details (age, sex), declare that they have read the Terms of Service and make the corresponding payment. To receive the Bicing card at home, the user must also enter the address where the card is to be sent.

  • If the user is already a Bicing subscriber prior to integration with smou, he/she will have to start the process of linking the smou and Bicing accounts. During the process, the user will be asked for the e-mail address of the associated Bicing subscription, and his/her identity will be checked to complete the linking. Once linked, the data from the Bicing subscription will be available from the smou app, under the same conditions.

  • The activation of the Bicing service is only available for Personal Accounts.

 

4.4.2. Using the Mobile Application

  • The rights and duties of the journey initiated with the mobile application are the same as those of the journey initiated with the physical card.

 

4.4.3. Prices and rates

  • The User shall pay the prices according to the current rates published on the Bicing website (www.bicing.barcelona), depending on the type of subscription, the type of bike used and the journey time.

 

4.4.4. Bicing rules of use

4.4.4.1 Contract's Object
  • The purpose of this contract is to regulate the conditions of use of the individualized bike transport service, known as Bicing, in the city of Barcelona.

  • The Bicing transport service consists of the use, by the user, of bikes belonging to the service, in accordance with the conditions of use described in this contract.

4.4.4.2 Bicing scope of use
  • The scope of use of Bicing is limited exclusively to the urban area of the municipality of Barcelona, in accordance with the provisions of municipal by-laws, and circulation outside this area is expressly prohibited.
4.4.4.3 Conditions required to register as a user of the service
  • Individuals of legal age who sign this contract and who, for this purpose, register as users of the Bicing service may do so by following the procedure described in this contract. Payment will be made by charging a bank card.

  • It is forbidden for legal entities to register as users of the service.

  • Children under 18 but over 16 years of age may register as users of the Bicing service provided that they send, duly completed, the authorisation on the website or provided at the Customer Service offices, signed by his/her parent or guardian, which includes the corresponding declaration of assumption of responsibility in favour of the child. In any case, the parent/guardian who authorises the child's registration must send the Bicing service, to its Customer Service Office, an authorisation, in accordance with the model shown on the website, which authorises Bicing to charge the amounts/charges for the service to the bank card, of which they are holders, which they designate for this purpose. Along with the authorization, the parent or guardian must send a photocopy of their DNI/NIE. No registration will be processed in the case of minors under 18 and over 16 years of age until Bicing has received the indicated documentation, duly signed.

- In order to avoid duplication, it is forbidden for a user to register a second time if he has not previously cancelled the corresponding registration.

4.4.4.4 Service renewal
  • With regard to the renewal of the service, fifteen days before the end of the subscription, the subscriber will receive an e-mail informing him/her of this fact. The subscriber will have the option of voluntarily cancelling the subscription by following the procedure set out on the service's website.

  • Otherwise, it will be understood that the user wishes to renew the subscription, which will be done automatically.

4.4.4.5 Payment methods
  • The user may choose any of the subscription methods detailed on the website.

  • In the case of opting for any of the subscription methods listed on the website, the user will be active during the period corresponding to that method.

  • In the case of the annual subscription, the user will be active for a period of one year (during which the time of the subscription will be calculated from the time of registration), except in the cases provided for in this contract, relating to the application of the measures provided for in cases of non-compliance. 

  • The user may not make a change of mode during the current subscription and, therefore, must wait until the end of the subscription or cancel it and then register to change modes. 

Once this period has expired, the subscription will be automatically renewed for the established period, according to the modality adopted.

4.4.4.6 Termination of service
  • The user may voluntarily unsubscribe by following the procedure set out on the service's website.

  • The Bicing service, taking into account the allegations made, may automatically terminate a user, adopting the measures provided for in this contract, once the corresponding process of non-compliance has been processed. The service will give the user a period of ten days to make any allegations it deems appropriate. Once this period of time has elapsed, and in accordance with the content of the allegations, the service will decide whether or not to cancel the automatic cancellation.

  • The Bicing service will cancel, within a period of fifteen days, any user who, once the period of validity of their subscription has expired, has not communicated, in the form and time established, their intention to cancel their subscription and return the bank receipt corresponding to the payment of their subscription fee. The period of time indicated will begin from the moment that Bicing is aware that the bank receipt has been returned. In this case, the Bicing service will not be obliged to process any default process, and may agree to automatic cancellation, thus making it possible to compensate for all the damages suffered during this period.

  • If the contract is automatically renewed when it expires because the user has not made an express declaration to cancel the contract, with the advance notice and under the conditions indicated, in the event that the user returns the bank receipt corresponding to the payment of the annual service fee, it will be understood that the contract remains in force until the holder of the service has proof of the return of the indicated receipt. In this case, once the latter has been verified, the holder of the service shall agree to take the measures envisaged in the event of a very serious breach, and may cancel the service definitively, thereby obliging the user to pay BSM all damages caused during this period in relation to his/her contract.

4.4.4.7 Terms of use of the service

- The user will have access to the bikes that are in use in the service.

- The procedure for removing a bike from the corresponding station is described below:

  • The user must correctly validate his/her card at the corresponding station in order to remove a bike or by telephone (app or NFC).

  • When removing a bike from the station where it is anchored, the user is obliged to check that all its elements are in perfect condition and, in particular, the state of the brakes, the lights, the gear change, the correct fastening of all the bike's moving parts, and that the seat can be adjusted to suit its height. If, after making the relevant checks, the bike does not work properly, the user will have to anchor it again at that station, being obliged to make all the necessary checks in order to be able to prove that the bike has been properly returned to service. In any case, the user is obliged to check that the display at the corresponding station shows a message indicating that the bike has been correctly secured when the check is made by swiping the card on the station totem or to verify the return by the app in order to check the correct securing. If this message does not appear, the user is obliged to notify the free telephone number of the fault.

  • The user will be responsible, in all cases, for the bike being returned properly to the service, in accordance with the specified procedure.

  • If, when withdrawing a bike, the user finds that there is any element of it that is not working properly, he or she must return it to the station and take another one.

  • Once the bike has been removed from the corresponding station, the user shall be entitled to use it in accordance with the terms and conditions established on the website.

- Service timetable and prices:

  • The service timetable and prices will be those published and in force on the website at all times for each mode.

  • In any case, the amount corresponding to the payment of the service, the tariffs and the amount of the measures that can be adopted, in accordance with what is established in this contract, will be stated.

  • The service may temporarily and for reasons of restructuring, maintenance or others, limit the timetables or availability of the Bicing stations.
    The user authorizes Bicing to charge, by means of the payment system provided, the fees that may be generated by the use of the service, as well as the amount of the measures that may be adopted, in accordance with the amounts in force on the service website and with the stipulations contained in this contract.

  • The procedure and conditions for reserving a bike are those published and in force on the website at all times and for each mode.

4.4.4.8 Service supervisors
  • The service supervisors shall be personnel authorised or assigned by B:SM for this purpose, and shall be responsible for providing assistance to users and ensuring the proper functioning of the service.
    - These supervisors shall be located at the Bicing stations and throughout the scope of the service.
    - Users may address their queries to the supervisors so that they may be advised and helped in all the processes required to make use of the service (removal of bikes, correct anchoring...).

  • The user expressly declares that he/she knows and accepts the figure of the service supervisor.
    - The user will collaborate with the supervisors.
    - The user declares that he allows supervisors of the service to take photographs in connection with the proper use of Bicing and in the exercise of their duties.

4.4.4.9 User rights
  • The rights of the user detailed below are expressly recognised, independently of any other rights that may correspond to them, in accordance with the regulations in force.

  • The user who has completed the entire registration process shall have the right to use the bikes available in the system, under the conditions indicated in this contract and in the regulations in force. In this regard and in accordance with the provisions of this contract, once a bike has been correctly removed from the corresponding station, the user shall be entitled to use it for up to a maximum of two hours, in accordance with its type. The continued use of the bike, once the two hours indicated have been exceeded, will give rise to the adoption of the measures provided for in this contract.

  • The user shall be entitled to have the bikes in the system in condition for use, in accordance with the provisions of this contract.

  • Request and receive information about the service.

  • Formulate suggestions, claims and complaints, by e-mail, the web mailbox, ordinary mail or in person, at the service's Customer Service Office.

  • Receive a response to the suggestions, claims and complaints made within a maximum period of one month.

  • To be informed, through the web or any other means, of the incidents of the service.

  • Receive compensation, if applicable, once the user has demonstrated that the accident was caused by a malfunction of Bicing, when there is no fault, negligence or malice on the part of the user.

  • To be informed of the rates and the measures that may be taken and, in the latter case, to make any allegations that he considers appropriate.

  • If, in error, the Bicing service has made an improper collection, the user shall be entitled to a refund of these amounts, within one month from the decision of the service declaring the improper collection.

4.4.4.10 Specific user obligations

The following are established as specific obligations of the user, apart from those contemplated in the applicable regulations in force:

  • Use the service, and especially the bike, with the utmost diligence.

  • Return the bike to the system properly, in the event that any of its elements do not work properly.

  • Anchor the bike correctly at the return station, at the end of the service, and pass the user card through the station's totem or check in the corresponding register of the app in order to verify the correct anchoring.

  • Do not give up the use of the card or the data in the private area for the app.

  • Use the bike only for the user's transport.

  • Use the bike exclusively in the urban area of the municipality of Barcelona.

  • To assume the custody of the bike from the moment it is removed from the station until its correct return to the system.

  • Inform Bicing of the loss, damage or theft of the season ticket or mobile phone, assuming responsibility for its use until the time of notification. 

  • Inform Bicing of any incident that occurs in relation to the service during the period of use of the user.

  • In the event of a bike breakdown, the user shall be obliged to anchor the bike at the nearest station and inform the service of the incident.

  • Hand over the user card to the supervisors or show the identification by the app to the personnel authorised or assigned by BSM for this purpose or to the authorities who require it.

  • Hand over the bike to the supervisors, personnel authorised or assigned by BSM to the effect or authorities, if they require it in the performance of their duties.

  • Communicate any changes in data which may occur in relation to your subscription, as well as the change of the bank card on which Bicing must make the collections.

  • Respect the traffic regulations in force.

  • Use the bike lane on the roads where it is installed.

  • Use the bike properly and only use it for personal transport.

  • Take responsibility for the proper use of the bike, as well as for its loss.

  • When leaving the bike, the user must correctly anchor it in one of the stations in use of the service. If the station is full, you must go to the nearest station. In this case, the user will have extra time, which will be determined on the service's website, to reach the next station and anchor the bike. To avoid charging for this extra time, the user must follow the procedure detailed on the service website.

  • All Bicing users are expressly obliged to comply with the Barcelona City Council's Ordinance on the Movement of Pedestrians and Vehicles, the Ordinance on Measures to Promote and Guarantee Citizen Coexistence in Barcelona's Public Spaces and the Ordinance on the Use of Barcelona's Roads and Public Spaces, as well as any other ordinance that may replace them, when using the service. Specifically, Bicing users are obliged to comply with the traffic regulations in force and specifically with the provisions of Article 14 of the Ordinance on the Circulation of Pedestrians and Vehicles, the content of which is transcribed on the service's website.

4.4.4.11 Explicit prohibitions

Bicing users are expressly forbidden, apart from the conducts detailed throughout this contract, as well as those described in the applicable regulations, to:

  • Use bikes on land unsuitable for traffic.

  • Place the bike on any other means of transport.

  • The disassembly and partial or total handling of the bike, of the service stations or of the elements that make them up.

  • Use the bike or the stations for commercial purposes.

  • Use the Bicing brand or logo without authorisation.

  • Write slogans, drawings or similar on the bike or service station, in accordance with the provisions of article 21.1 of the Ordinance on the Use of Roads and Public Spaces in Barcelona, or any other regulation that may replace or modify it.

  • Carry out any type of graffiti, painting, scribbling, writing, inscription or graphics, with any material (ink, paint, organic matter or similar) or by scratching the surface of the bike or the service station, in accordance with the provisions of articles 20 and 21 of the Ordinance on Measures to Promote and Guarantee Citizen Coexistence in Barcelona's Public Spaces, or any other regulation that may replace or modify them.

  • Use the bus lane for cycling.

  • Drive on a single wheel, hold on to other moving vehicles or use headphones connected to sound receiving or reproducing equipment.

  • Use a mobile phone while riding.

  • Transport other persons, animals or bulky objects.

  • Abandon or give up the bike while using the service, except in cases of force majeure.

4.4.4.12 Infringement and measures to be taken

- Conduct that is classified as an infraction. The following conducts will be considered user infractions:

  • Minor infractions:

    • Causing damage to the bike or service station up to 60 euros

    • Causing damage to urban furniture in the amount of up to 60 euros.

    • Exceeding the time for returning the bike by more than two hours and less than three hours.

    • Failure to notify Bicing of the loss, theft or misplacement of the card.

    • Failure to notify Bicing of any change in your details or those of the bank card on which you are to be charged, in such a way as to make it difficult to collect the current rates.

    • When the user carries out one or more cancellation operations without the bike being correctly anchored, and when this action causes damage to the Bicing service that is classified as minor due to the continued use of the bike.

    • When the user accumulates 3 unexecuted reservations in the period of an annual subscription.

    • Any failure to comply with the provisions of municipal by-laws or applicable regulations which is considered to be a minor offence.
       

  • Serious infringements:

    • Causing damage to the bike or service station for an amount greater than 60 euros and less than 200 euros.

    • Causing damage to urban furniture for an amount greater than 60 euros and less than 200 euros.

    • Exceeding the return time of the bike by more than two hours and less than three hours.

    • Behaving in accordance with sections f) and g) of the eleventh clause of this contract.

    • Reckless driving, in accordance with the provisions of article 32.3 of the Ordinance on Measures to Promote and Guarantee Citizen Coexistence in Barcelona's Public Space.

    • Commission on acts of serious deterioration, in accordance with the provisions of Article 63.2 of the Ordinance on Measures to Promote and Guarantee Coexistence with Citizens in Barcelona's Public Space.

    • Any breach provided for in municipal by-laws or applicable regulations that is considered a serious offence.

    • Commission of two minor infringements in the period of six months.
       

  • Very serious infractions:

    • Assigning the subscription to a third party.

    • Leaving the bike.

    • Using the bike in inappropriate areas.

    • Using the Bicing brand or logo inappropriately.

    • Dismantling the bike in whole or in part

    • Riding outside the scope of this contract

    • Exceeding the return time of a bike by more than 24 hours

    • Causing damage to bikes or service stations amounting to more than 200 euros.

    • Causing damage to urban furniture amounting to more than 200 euros.

    • Causing damage to third parties.

    • Not notifying the service of incidents that occur during the use of the bike.

    • Not returning the bike to the system.

    • Using the bike or service station for commercial or profit-making purposes.

    • Refusing to hand over the card to the service inspectors or authorities, when required to do so.

    • Taking the bike onto public or private transport.

    • When the user carries out one or more cancellation operations without the bike being correctly anchored and this action causes a damage to the Bicing service that is considered very serious due to the continued use of the bike.

    • Commission on acts of serious deterioration, in accordance with the provisions of article 63.1 of the Ordinance on Measures to Promote and Guarantee Citizen Coexistence in Barcelona's Public Space.

    • Non-payment of the corresponding quota, tariffs or penalties.

    • Communicating false data to Bicing in relation to your subscription.

    • The practice of any of the conducts contemplated as express prohibitions in the eleventh clause of this contract.

    • Any breach provided for in municipal by-laws or applicable regulations that is considered a very serious offence

    • Commission of two serious offences within six months.

       

  • Adoption of measures in the event of infringements: in the event that any of the infringements described above is committed, the measures detailed below shall be adopted, without prejudice to the criminal or administrative responsibilities that may be required, by virtue of the user's conduct.
     

  • Adoption of measures in the case of minor infringements: in the event that the user commits any infringement of those classified as minor, the service may adopt the measures detailed below:

    • As a precautionary measure, the user will be blocked, for a maximum period of one month, implying a suspension of the condition of user, which will lead to the prohibition to use the system, plus the payment, if applicable, of the amount of the damages caused.

    • Payment of the amounts established as a penalty for excessive use of the period or for failure to comply with the terms published on the website.

    • In the case of bike reservations made and not executed, as a precautionary measure, the user will be blocked from using the system for a maximum period of one month.
       

  • Adoption of measures in the case of serious infringements: in the event that the user commits any infringement of those classified as serious, the service may adopt the measures detailed below:

    • As a precautionary measure, the user will be blocked for a period of no less than one month and no more than six months, or for the remainder of the subscription, if this is less, implying the suspension of the user status, which will lead to the prohibition to use the system, plus the subscription, if applicable, of the amount of the damages caused.

    • Payment of the amounts established in the event that the corresponding measures are adopted for excess use of the deadline or for non-compliance that are published on the website.
       

  • Adoption of measures in the case of very serious infringements: in the event that the user commits any infringement of those classified as very serious, the service may adopt the measures detailed below:

    • As a precautionary measure, the user shall in any event be blocked for a period of not less than six months and not more than nine months, or for the remainder of the subscription, if less.

    • Cancellation of the service for an indefinite period of time.

    • Payment of the amounts established in the event that the corresponding measures are adopted for excessive use of the period or for non-compliance that are published on the website. The suspension of the condition of user in the indicated cases will not imply the interruption of the period of validity of the contract.

In all cases, Bicing may, in addition to taking the measures indicated, pay compensation for any damages caused by the user, as well as bring any claims it considers appropriate in the corresponding jurisdiction.

 

  • Default process 
    • In the event that the service manager detects an incident by the corresponding computer means or as a result of the action of the supervisors or the action of the authorities, a breach of the obligations of the contract, or of the ordinances or regulations that are applicable, it will be agreed to initiate a process of non-compliance.

    • The user will be informed of the processing of the same, giving him a period of ten days to make any allegations he deems appropriate. 

    • The service manager will decide, taking into account the allegations made and, where appropriate, adopting the corresponding measures.

    • This resolution will be notified to the user.

    • In the event that the non-compliance process is initiated through a complaint by an authority, if a final decision has been made in the previous criminal or administrative procedure, the Bicing service will directly adopt the measure envisaged for the non-compliance, given that the fact has been accredited.

    • If in the preceding criminal or administrative procedure the decision that has been issued is provisional and not final, the Bicing service will keep the processing of the non-compliance process suspended until it is notified of the final decision. In any case, it may apply, as a precautionary measure, the blocking of the user.

4.4.4.13 Applicable law and arbitration
  • This contract is private in nature.

  • Its interpretation is subject to the application of the applicable civil regulations, as well as expressly to the application of the Ordinance on the Circulation of Pedestrians and Vehicles, the Ordinance on Measures to Promote and Guarantee Citizen Coexistence in Public Space in Barcelona and the Ordinance on the Use of Roads and Public Spaces in Barcelona.

  • Any questions that may arise in relation to their application, execution or interpretation shall be submitted to the arbitration procedure established by the Barcelona Consumer Arbitration Board, the Catalonia Arbitration Board, the Transport Arbitration Board or the Barcelona Arbitration Court.

4.5. Terms of use of the Towing Notification Service

  • When this functionality is available, B:SM will communicate it to users.

  • This functionality incorporates a notification of public highway works or vehicle towed due to illegal parking (the equivalent to notification through the paper triangle), in users registered in smou with a registered vehicle and who so wish. This service is only available for towing service (movements and transfers to the towing yard) in the municipality of Barcelona, and for vehicles with national registration number. It is an optional and free service. It will only be done if there is an explicit consent on the part of the user. The user is obliged to obtain the consent of the vehicle owner.

4.5.1. Activating the notification

  • In order to use the service, it is necessary to be registered with smou and then activate the authorization to receive towing notifications at the vehicle configuration ("Menu - My vehicles"). The vehicle owner’s ID will be requested to validate that it coincides with the vehicle owner’s ID that consists in the DGT. The user declares responsibly that he/she has the authorization of the vehicle owner to activate this service.

4.5.2. Use of the Mobile Application

  • When the towing notification is activated in any of the vehicles registered in smou, the user is notified if his/her vehicle has been towed away, either due to public highway works or due to illegal parking. The content of the notification is purely informative and does not replace any of the administrative notification actions deriving from the ordinary action of the Barcelona Towing Service.

  • This notice is issued through push notification from the app and also through an email sent to the user. It includes the possibility of online payment (if applicable).

  • The user can deactivate this towing notification at any time from the vehicle configuration ("Menu - My vehicles").


5. TERMS AND CONDITIONS OF USE OF THIRD PARTIES OTHER THAN B:SM

 

  • 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 with them individually. Smou provides access to registration with the various providers available through the Application, taking the User to the provider's own 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. The user shall be exclusively liable for and assume all the risks arising from the use of such 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/Barcelona City Council and these third-party mobility-services providers.