Terms of use SPRO (DUM and Zona Bus)

SPRO TERMS OF USE

1. GLOSSARY

1.1. App or application: refers to SPRO.
1.2. B:SM and/or BMA Mobility Services: refers to services associated with urban-goods distribution and Zona Bus Barcelona that are accessible from the SPRO app and provided by Barcelona de Serveis Municipals, SA and/or the Barcelona Metropolitan Area (AMB), within the framework of the collaboration agreement between AMB, AMB Informació, Barcelona City Council and B:SM, through the Metropolitan Parking Platform. These services are as follows: DUM, Zona Bus Barcelona.

2.- DESCRIPTION OF THE SERVICE

Barcelona de Serveis Municipals, SA (henceforth, ‘B:SM’)is the supplier of the SPRO mobile application (henceforth, the ‘app’), with CIF (Tax Identification Code) A-08765919.
These user conditions regulate the mobile app’s rules of use for the urban goods-distribution area and Zona Bus Barcelona (henceforth, ‘SPRO’ or ‘Service’) insofar as B:SM is the supplier of that app. More specifically, the operational aspects of the app are regulated where it is used by smartphones,
The service’s features and user conditions regulating the app are described:

Service’s operational structure

1.   Access to the app
2.   Registering with the app
2.1. Signing up for the app
2.2. Use of Zona Bus de B:SM’s mobility services
3.   Use of the mobile app
4.   Prices and rates
5.   Suspension
6.   Location
7.   Intellectual property rights

2.1 Access to the app

The app requires the use of compatible smart phones, the installation of the mobile app and access to the internet (subject to the connection rates that the user’s supplier may apply and which B:SM is not responsible for and is fully indemnified against). Some of the application’s functions cannot be used in areas without mobile phone coverage and/or activated telephone data services. In such cases, users declare their knowledge and acceptance that their use of this application will not be entirely complete, as it will not be possible for them to receive notifications sent to the terminal or to connect to the API provided by website or other services. B:SM is not responsible in any case for problems arising from the elimination or deactivation of access to any of the services.
Proper use of the application may require software updates, for which reason users must install and always use the latest version of the mobile app.
Users do not need to register with SPRO to download and install it or to consult the various mobility services.
Nevertheless, it is essential for users to REGISTER and OPEN AN ACCOUNT WITH THE SERVICE if they wish to access the service.
When downloading the app, users will have to explicitly accept its terms and conditions of use and privacy policy.
SPRO services are intended for any adult person, with users responsible for meeting the requirements for using the mobility services provided. Any use made by users of the services is subject to compliance with the current regulations that apply to it.
By downloading and using the SPRO app, users declare and guarantee that they have sufficient capacity to enter into this agreement.
SPRO may collect certain information on users automatically, including, among other things, the type of device they use, the ID of their mobile devices, the operating systems they use, the types of internet search engine they use and any information on the use they make of the Service. The app collects information on the location of its user’s mobile phone (see section 2.6 Localisation).
Users may uninstall the app at any time, under the procedure provided for in their device’s operating system.

2.2. Registering with the app

2.2.1. Signing up to the Application

Anyone who wants to register as a user with the SPRO app will have to provide all the contact details asked for, including their personal (NIF, NIE) or company (CIF) identification, their full name and, if necessary, a registered address, a valid personal email address and a mobile phone number.
Users will also have to activate their account by accessing the confirmation page that appears as a link in the email sent by B:SM to the address provided by users on registering. If users fail to access this link, their account will not be activated, as the email address they provide will be unverifiable and deemed incorrect.
An account holder can choose between two types of registration: (i) personal account, (ii) business account. Personal accounts allow Zona Bus parking and mobility-service payments for a single vehicle at the same time. Business accounts allow several users to park and pay for mobility services with the same bank card. Nevertheless, each user can only park one vehicle at the same time.
The administrator user of a business account is responsible for entering the email address and for amending or deleting identification data (name or alias), and the restrictions (vehicles, parking conditions, etc.,) for mobile users able to pay for mobility services, charged to the same business account.
The administrator user of a business account may use the website’s user area to create additional mobile users in their business account, under the following procedure stated below: Administrator users have to provide B:SM with the email addresses of potential users, as a result of which B:SM will then send those potential users a link for registering with the app, for providing their tax identification number (NIF/NIE) and password and for accepting the service’s terms and conditions and privacy policy.

2.2.2. Use of Zona Bus de B:SM’s mobility services

The mobility services must be individually activated before they can be used and in each of the cases the necessary data (where unavailable) will be asked for so the service can be activated.
If the Zona Bus mobility services require vehicle data, users will have to provide the licence number of the vehicle they wish to register.
If the mobility services require payment details, users will 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 is followed that will enable its identification (number, name, expiry date, CVV).
The app allows only one registered bank card per account (whether a personal account or a business account), whose holder is a natural person (individuals or self-employed) or a legal person (companies, associations, etc.)
Account holders may change their registered bank card whenever they wish, through the app or from their user area on the www.areaverda.cat/es/spro webpage. Every time a change is registered, B:SM will initiate the verification process established in the points above.
Account holders are under a legal obligation to provide accurate information and give notice of any changes to their account’s personal, payment or contact details.
An account holder whose bank card has been lost or stolen must inform their bank of this immediately and have their card cancelled, to prevent the possibility of further charges being made through the app’s payment gateway on the lost or stolen card.

2.3 Use of the mobile app

To use the Service, the system’s users will need to download and configure the mobile app and start a session with their access details.
The SPRO app can be used without starting a session, but with limited functions.
The functions available without starting a session are: location and information display for the various parking areas, map browsing and prediction of vacant DUM-regulated parking places.
The functions that require a session to have been started are as follows: initiating parking, vehicle management, notifications etc.
Users can configure the mobile app to receive parking notifications and warnings.
It is possible that mobile users may not receive such warnings, despite the app’s configuration, for reasons beyond the control of B:SM (such as lack of connectivity, low batter charge etc.)
Users of the Service can obtain a digital ticket through the mobile app, having previously downloaded and configured the same app on a compatible device.
Users of the Service can only obtain valid digital parking tickets in DUM and Zones Bus Barcelona areas for vehicles which are authorised, under the current Tax Byelaw 3.12 in force, to use such places. B:SM therefore has access to the data of authorised vehicles as processor, for the purposes of verifying vehicles authorised for using the above-mentioned parking places.
The mobile app’s downloading, registration, use and maintenance are totally free and can be carried out through the official mobile-application markets for smartphone operating systems that are compatible with it. B:SM reserves the right to amend these terms and conditions at any time, after it has given notice of such amendments, and will offer users the possibility of accepting or rejecting them. Users, in any case, will be required to accept such new terms and conditions if they wish to continue using the Service.

2.4 Prices and rates

2.4.1 SPRO app
The mobile app’s downloading, registration, use and maintenance are totally free and can be carried out through the official mobile-application markets for smartphone operating systems that are compatible with it. B:SM reserves the right, with prior notice, to amend these financial terms and conditions at any time.

2.4.2 Zona Bus de B:SM mobility services
Users may hire Zona Bus mobility services provided by B:SM through SPRO so long as they pay BSM for the services hired. B:SM’s mobility service rates are published clearly in the SPRO app.

2.5 Suspension

Improper, incorrect or inappropriate use of the app or falsification of data may lead to temporary or permanent blocking of the app’s use.
If a mobile phone is lost or stolen, the account’s administrator user will have to notify their telephone operator of this.
The user, in any case, will be able to carry out their operation from another terminal.

2.6 Localisation

Users accept that the SPRO app gathers information on the location of their mobile device and that, for it to function, the app requires their mobile device to be on, activated and with coverage.
The localisation data will be processed by BSM anonymously, to improve its services or for mobility-related purposes.
Users may at any time revoke their consent to the localisation service’s activation through their device’s corresponding option.
If consent for the localisation service’s activation is revoked, the app’s use will be incomplete, as some services will no longer work.

2.7 Intellectual property rights
The SPRO app belongs to Barcelona de Serveis Municipals, SA, having tax number (CIF) A-08765919, registered office in Barcelona at C/ Calàbria 66, 08015 Barcelona, and registration entry in the Barcelona Company Register 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.

3.- SPRO SERVICE’S RULES, TERMS AND CONDITIONS OF USE

Users of the Service are required to accept these rules, terms and conditions before they register with it.

The app’s general terms and conditions of use are protected under the current legal regulations in force: Act 37/2007, of 16 November, on the re-use of public sector information, implementing Directive 2003/98/EC of the European Parliament and the Council of the European Union; Act 29/2010, of 3 August, on the use of electronic media in the public sector in Catalonia; and Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Act.

Any disputes that may arise over the app and the construction of these rules, terms and conditions of use shall be subject to the jurisdiction of the Courts and Tribunals of Barcelona city, with the user waiving any other jurisdiction that may apply.

4.- USERS’ GENERAL RIGHTS AND DUTIES

Users undertake to correctly use the resources and information they have access to and to use them solely for the purposes of the provision or obtaining of the service. Users likewise authorise the use of their data for the purposes of the Service and under the terms and conditions stated below. Users must inform B:SM of any incident relating to the software or the function of the Service.

Registration grants user status without any time limits. Nevertheless, Users as well as B:SM may end their relationship at any time, after they have given notice to the other party. B:SM may expel any User where it has evidence they have breached any of these rules, terms and conditions of use. B:SM reserves the right to stop providing the service, giving the user sufficient prior notice to prevent any harm. Neither B:SM nor any of the organisations or institutions promoting the service or party to an agreement for its implementation shall have any liability if there is an accident or a dispute between users or a violation by any user of the current regulations in force. Each user shall be exclusively liable in such cases and, where necessary, bear the costs of any fines or damages awarded to third parties as a result of any behaviour in breach of these terms and conditions of use or in violation of the current regulations in force.

4.1. Service’s general terms and conditions

SPRO services are intended for any adult person, with users responsible for meeting the requirements for using the mobility services provided. Any use of the mobility services made by users is subject to compliance with the current regulations in force that apply to them.

4.1.2 Payment terms and conditions

Administrator users have to pay for the Service through their registered bank card.
A card associated with an account may only be changed where there are no open or pending payment transactions.
Users may consult detailed information on all operations paid for with their own account, by filtering them under various selection and arrangement criteria: periods, vehicles etc.
As soon as a user enters their bank card’s details in any of its payment services, B:SM will check the card’s operational status and charge an amount of under 5 centimes, which the user will then be refunded after a few minutes. If the card is found not to be operational, the service will not start.
As soon as a user starts an operation in any of its payment services, B:SM will proceed with a 20-euro pre-authorisation to ensure minimum payment for the operation.

4. 2 Specific terms and conditions of use for each mobility service

4.2.1 DUM terms and conditions of use

4.2.1.1 DUM parking terms and conditions

To start using the Service, Users will have to stand next to their vehicle and request initiation of parking. They will afterwards have to state the registration number of their vehicle and code of the area they wish to park in, which can be found on the vertical sign.
The parking time is calculated using the start/stop mode, so users will have to state both their time of arrival and time of leaving their parking place through the app.
Mobile users can only have one parking operation at any time. A user is not allowed to have two parking operations on at the same time, even if they are for different vehicles or places.
While the mobile app assists users in selecting a zone’s parking conditions, users are ultimately responsible for the parking conditions stated in their parking request: parking zone code, time conditions, maximum time, etc.
Any error committed by Users in the parking operation’s conditions they state may give rise to the fines set out in the current legislation.
A digital ticket does not exempt users from compliance with the time limitations for the occupied parking place.
Use of a parking place once the stipulated time has ended or the maximum permitted time has been exceeded may lead to a fine. Parking periods for places within the same area code cannot be renewed.
B:SM may refuse a parking request for a variety of reasons which, in any event, will be communicated to mobile users. By way of example, parking conditions or being out of service.
Users are responsible for verifying whether their parking request has been accepted or refused. Users will receive notice at the terminal if their request has been refused. Confirmation of the request’s acceptance will be displayed as the app starts to calculate the user’s parking time.
Users who are unable to see information on or receive any notice of their digital ticket are exempted from their obligations to regulated parking places. This includes any technical cause or incident outside the control of B:SM and/or BMA, attributable to the mobile device itself (state, configuration, battery, incorrect functioning etc.,) or telecommunications channels or operators.
To finalise the parking time, users must stand next to their vehicle in their parking place and send the corresponding request through their mobile app in the start/stop mode.
Users are wholly responsible for keeping their mobile phone in good condition and with sufficient battery power to ensure they can finalise the parking time they started in start/stop mode. If users have a problem with their mobile device, despite all the above, they may use any other compatible mobile device, download the mobile app, start the session and then state the end of the parking operation in progress.
Users will receive a ticket in their mobile stating the parking’s start and finish times and the parking-zone code.
An account’s administrator user whose mobile phone is lost or stolen must inform their telephone operator of this and continue their operation from another terminal.

4.2.2. Zona Bus parking terms and conditions of use
Barcelona de Serveis Municipals, SAis the provider of the Zona Bus parking service for the vehicle’s parking payment in Barcelona’s authorised areas.
The terms and conditions regulating the Service are divided up into the following points below:
1.   Access to the service
2.   Activation of the service
3.   Use of the mobile app
4.   Prices and rates
5.   Service’s parking terms and conditions
6.   Conditions for cancelling digital ticket penalty charges

4.2.2.1 Access to the Service

The Service, which is provided free of charge, is accessed by smartphones with a data connection to the Internet and a GPS system.
The Service allows users to pay vehicle parking rates in Barcelona’s authorised areas for their effective parking times under the start/stop method or by a single payment per service when so required, in all cases without users having to go over to parking meters and pay in person.

4.2.2.2. Activation of the service
If the service is activated by a natural person, only a single vehicle’s parking can be paid for at any given time. If the service is activated by a legal person, several payments, charged to the same account, can be made at the same time. Nevertheless, identification by a user only allows the parking of one vehicle at any given time.

4.2.2.3. Use of the mobile app

The rights and obligations of digital (paperless) tickets through the mobile app are the same as those obtained from a parking meter. The ticket’s receipt is the start and/or stop.
Nevertheless, B:SM reserves the right to require visible identification in vehicles in the future time; in such cases, users undertake to obtain this identifier and display it in the stated place.
Users of the Service may obtain and pay for valid digital tickets for parking in Barcelona Zona Bus regulated parking places. B:SM likewise reserves the right to extend the scope of application of digital parking tickets that are accessible through the app; in such cases, B:SM will notify users of the new scope of application.
The device’s GPS tracker must be activated during start/stop operations.

4.2.2.4. Prices and rates
Administrator users have to pay the parking fee established according to the current regulated rates in Barcelona City Council’s byelaws corresponding to each regulated parking zone and according to the effective time of the parking place’s use.

4.2.2.5. Service’s parking terms and conditions

To start using the Service, users will have to stand next to their vehicle and request initiation of parking. When the parking service starts, the app will use the GPS tracker. Users will be unable to start the operation if it is deactivated. Users must state the type of parking place and the vehicle.
Parking times are calculated using the start/stop mode, and users must state both the time they arrive at and the time they leave their parking place through the app. The GPS tracker must therefore have been activated during the stop operation.
A mobile user may only have one parking operation in progress at any given time. A user is not allowed to have two parking operations on at the same time, even if they are for different vehicles or places.
While the mobile app assists users in selecting the section’s parking conditions, users are ultimately responsible for the parking conditions stated in their parking request: type of zone, time conditions, maximum time, etc.
Any error committed by users in the parking operation’s conditions they state may give rise to the fines set out in the current legislation. Digital tickets are as good as paper tickets, to all intents and purposes, for accrediting authorisation to occupy a parking place.
A digital ticket does not exempt users from compliance with the time limitations for the occupied parking place. Use of a parking place once the stipulated time has ended or the maximum permitted time has been exceeded may lead to the same type of fine expected with parking meters.
B:SM may refuse a parking request for a variety of reasons which, in any event, will be communicated to mobile users. By way of example, a request may be refused because of restrictions on the account, parking conditions, payment conditions or place being out of service.
A parking request’s acceptance is subject to a bank pre-authorisation for an amount under 0.05 euro. Otherwise, the parking request will be denied and the user informed of this.
Users are responsible for verifying whether their parking request has been accepted or refused. Users will receive notice at the terminal if their request has been refused. Confirmation of the request’s acceptance will be displayed as the app starts to calculate the user’s parking time.
To finalise the parking time, users must stand next to their vehicle in their parking place and send the corresponding request through their mobile app in the start/stop mode.
Users are wholly responsible for keeping their mobile phone in good condition and with sufficient battery power to ensure they can finalise the parking time they started in start/stop mode. If users have a problem with their mobile device, despite all the above, they may use any other compatible mobile device, download the mobile app, start the session and then state the end of the parking operation in progress.
BSM shall not be responsible for any additional parking time users have paid for, owing to their inability, for reasons beyond the service’s control, to notify the end of parking operation opened in start/stop mode. Such reasons include all those relating to the device (without battery power, not working, etc.,) or to the Internet communication channel (no mobile network, no WiFi network, etc.).
If a user fails to notify the end of a parking-operation ticket opened in start/stop mode parking, its validity will automatically end once the maximum permitted time limit has been exceeded and the corresponding amount charged to the user’s personal or business account.
Users will receive a ticket on their mobile stating their parking-place start and stop times, rates and regulated times.

4.2.2.6. Conditions for cancelling Barcelona digital ticket penalty charge

This function is only available for cancelling penalty notices for exceeding Zona Bus Barcelona’s time limits.
Penalty charges can only be cancelled within established deadlines.
If a vehicle has no ticket available, no cancellation can be made.
B:SM offers users of the Service the possibility of cancelling penalty charges for their vehicle in Barcelona once the legally valid conditions and deadlines for such cancellations have been verified. Cancellations can be made through the app.
An administrator user can configure the app to determine whether or not a mobile user associated with their account can cancel fines charged to the account provided.
The app enables cancellations of penalty charges relating to both digital and paper tickets.
In addition, users of the service may in any case go to a parking meter to pay and cancel a penalty charge relating to a parking operation made through the Service.
Under the current legislation in force, the person reported for the penalty charge is the vehicle’s owner and not the user of the Service who has parked the vehicle using the application.

4.2.3. Data processing

B:SM undertakes to process the personal data, including geolocation data, of users exclusively for the purposes of the Service. By reading and accepting this document, Users are obtaining information on the processing of their data, giving their consent for such processing to be carried out and acknowledging that their data, albeit only the essential data, are required to make the Service possible. The user hereby authorises this processing and declares they have been informed that they may access their data at any time as well as change their data, object to their data’s processing or cancel their data by writing to B:SM through any medium. The user declares that the data they provide are correct, accurate and up to date, and undertakes to update them whenever necessary.

5. - UPDATING AND AMENDING THE TERMS AND CONDITIONS OF USE

B:SM reserves the right to revise and amend these legal terms and conditions at any time. Users are subject to the policies, terms and conditions in force when the service is used, except where legislation or a decision from the competent body says otherwise. Users must be informed of any amendment to these terms and conditions and will be required, in any case, to accept it if they wish to continue using the Service.

6. - PROCEDURE FOR SUGGESTIONS, QUERIES AND COMPLAINTS

For any suggestion, query, complaint or claim, users may enter the mobile app’s technical support section or the www.areaverda.cat/es/spro website’s contact section.