General terms and conditions the use of Barcelona’s electric vehicle charge points (henceforth plug).
Smou Conditions of Use: the app for smartphones that supports the city’s charging network.
1. General terms and conditions the use of Barcelona’s electric vehicle charge points (henceforth plug).
Service Manager's Identification Details: Barcelona de Serveis Municipals, S.A. (a Barcelona City Council single‐member company), with registered head office in Barcelona, C/ Calàbria, 66, 08015 Barcelona, and Tax Identification Code (CIF) A08765919
Barcelona de Serveis Municipals, S.A. (henceforth “B:SM”) is the administrator of the city of Barcelona’s public network of electric vehicle charge points. These terms and conditions of use govern access and use of the electric vehicle charge service at the various charge points in the city of Barcelona. The electric vehicle charge service involvesthe use on the part of the User of Barcelona’s charge points, which belong to the service, under the terms and conditions of use described below:
1.1. First ‐ Conditions for registering as a user of the service
The following may register as Users of the electric vehicle charge service:
· Natural or legal persons that own an electric vehicle.
· Natural persons who use electric vehicles owned by another natural or legal person (vehicles under a company name, leasing orrenting vehicles underthe name of another natural person).
For the purposes of registering as a User, applicants must provide all the required contact details, including:
· Completed form
· Vehicle specification and technical data sheet.
· Vehicle registration document of the vehicle the applicant wishes to register with.
· Tax Identification Code (CIF), National Identity Document (DNI), Foreign Resident Identity Number (NIE) or passport of the owner and/or User of the vehicle.
Signing up for the service involves the issuing of the electric vehicle card and/or registering on the mobile application, which will identify Users of the service by associating them with their electric vehicle.
This card enables Users to charge their electric vehicle from a network of charge points located on public highways.
The process of registering on the system and creating a User account and card will be formalised by explicitly accepting the service's general rules and terms and conditions.
1.2. Second ‐ Cost of the service
An electric vehicle card and /or mobile application registration allows Users to charge their electric vehicles at the network of Barcelona’s charge points at the current rates approved by Barcelona City Council.
B:SM will send its communications via email to the email address provided by the User and via notifications through the mobile application where Users have the mobile application in operation.
1.3. Third ‐ Terms and conditions of use of the
The User must follow the instructions given at the charge point and on the mobile application, where available, when charging their electric vehicle.
The User undertakes to use the charge point facilities correctly. Should the User breach this undertaking, B:SM reserves the right to take any measures it deems fit against the User in response to their improper use of the facility, including claims for payment of the facility’s repair costs, claims for damages for any loss or damage caused by the improper use and the permanent cancellation of the User's registration with the charge 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.
The service may require the use of compatible smartphones and 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 this mobile support 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.
1.4. Fourth ‐ User’s rights
The User's rights stated below are expressly recognised, irrespective of any other right that may fall to the User, under the current regulations in force:
1. The User who has completed the entire registration process, including accepting the service's general terms and conditions shall be entitled to use the various charge points available for electric vehicles included within Barcelona’s public network of charge points. To this effect, once the vehicle is parked in the charge place, the User can make continued use of the place during the charge time limit established on the charge point signage. Exceeding the time limit allowed for that place will be cause for adopting the measures set out in these terms and conditions.
2. The User is entitled to find the charge points fit for purpose, under the provisions of these terms and conditions of use.
3. Request and receive information about the service.
4. Make suggestions, claims and complaints through the City Council website https://w10.bcn.cat/StpQueixesWEB/prepararFormularioBtoB.do?i=c&ambit=tescolta, or B:SM's website https://www.bsmsa.cat/contacte/.
5. Receive replies to suggestions, claims and complaints raised, within a maximum period of fifteen days.
6. Be informed of service incidents via the website, email or any other medium.
7. Be informed of the rates and measures that may be adopted and, in the latter case, making the declarations deemed fit.
8. The User may cancel their registration with the electric vehicle charge service at any time in writing via B:SM's website https://www.bsmsa.cat/contacte/.
1.5. Fifth – User’s specific obligations
· To use the service and, in particular, the charge point, with maximum due diligence.
· The card is personal and associated with the User. The User isresponsible for the card’s proper use.
· The User is under an obligation to use the card or any other means of access that B:SM may introduce in the future for starting and finishing the charging operation. Non‐use of the start‐ up element shall entitle B:SM to take any measures it deems fit against the User for such a breach.
· Should a breakdown and/or faulty operation be detected in the charge point facility, the User shall notify B:SM of the incident by telephoning 937064866 so that the facility can be managed and restored to full working order as quickly as possible.
· Cards and applications may not be assigned to another User.
· The User must notify B:SM of the loss, theft or deterioration of their card, and is liable for its use until that notification has been made.
· B:SM must be notified of any changes to user data.
· The User must pay the rates that apply to them under the provisions of these terms and conditions of use of the service, providing B:SM with their bank details for the purpose of making these payments.
1.6. Sixth – Amendments to the terms and conditions of use
B:SM may amend these terms and conditions of use at any time. Amended terms and conditions of use shall apply as soon as they have been communicated. B:SM will send its communications via email to the email address provided by the User and via notifications through the mobile application where Users have the mobile application in operation.
1.7. Seventh – Applicable legal system
These terms and conditions of use shall be governed and interpreted in accordance with the application of the civil regulations in force.
Any disputes that may arise over their application, performance or interpretation shall be submitted to the arbitration proceedings established by the Barcelona Consumer Arbitration Board, the Catalan Arbitration Board and the Barcelona Arbitration Tribunal.
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:
- Downloading and installing the application
- Registering on the application
a) Signing up to the application
b) Using BSM mobility services
c) Using third-party mobility services
- Using the application
- Prices and rates
a) SMOU application
b) BSM mobility services
c) Third-party mobility services
- Intellectual property rights
- Updating and modifying the conditions of use
- 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.
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.
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.
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.
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.