General terms and conditions of use Hoppin app

By installing and using the Hoppin app, the user declares to know and unconditionally accept the general terms and conditions of use defined below.

1. Object and publisher

1.1 Object

These general terms and conditions of use relate to the Hoppin app developed as part of the Hoppin mobility brand. This is the umbrella name used in relation to the mobility shift in Flanders, with the aim of making the shift to more efficient, sustainable and flexible public transport by supplementing traditional transport options via train, bus and tram with flex transport on demand.

The Hoppin app provides a platform for flex transport, where users can directly place reservations for the transport services offered in this context by an operator.

1.2 Publisher

The Hoppin app is owned by the Department of Mobility and Public Works (hereinafter referred to as ‘DMOW’), Boulevard du Roi Albert II, 20 PO box 2, 1000 Brussels, registered in the Crossroads Bank for Enterprises (CBE) in Brussels, under the number 0316.380.841.

The Hoppin app is operated by Via Transportation, Inc. headquartered at 160 Varick Street, 4^th Floor, New York.

After this, both parties (DMOW and Via) are referred to together as the ‘publisher’ of the Hoppin app.

2. Definitions

In these general terms and conditions of use, the terms indicated below have the following meanings:

• User: means any natural person who downloads and uses the Hoppin app, in their own name and for their own account;
• Hoppin app or app: means the mobile application issued by the publisher that can be downloaded by the user on his mobile terminal to use for reservations and other communications related to the transportation services offered by the operator(s);
• Mobile terminal: means any computer configuration and any mobile device (such as smartphone or tablet) on which the Hoppin app can be installed and used;
• Operator: means the party responsible for performing certain transportation services within Hoppin’s offerings;
• Reservation: refers to the user’s ability to order rides from the operator via the Hoppin app.

3. Application of the general terms and conditions of use

These general terms and conditions of use define the rules of use for the Hoppin app and the respective rights and obligations of the publisher and the user in this context. These are the only conditions that apply between the publisher and the user, to the exclusion of all other conditions.

These general terms and conditions of use apply to every installation and use of the Hoppin app and cover all screens and functionalities. By installing and using the Hoppin app, the user declares that he has taken note of these general terms and conditions of use and accepts them unconditionally and without reservation from the first use of the Hoppin app.

These general terms and conditions of use may be unilaterally modified by the publisher as indicated below under Title 9 (‘Modification of general terms and conditions of use’).

These general terms and conditions of use are available in Dutch and English. The English-language version is only a translation. In case of ambiguity or contradiction, the Dutch version shall prevail.

4. Use of the Hoppin app

4.1 Access

The Hoppin app is activated after downloading the Hoppin app from the app store and upon its first use.

The use of the Hoppin app is reserved for natural persons, excluding companies, associations or groups.

Registration on the Hoppin app and all reservations for transportation services through the Hoppin app are strictly personal: they cannot be sold or transferred and do not constitute a means of payment.

Access to the Hoppin app is free. However, all fees and charges (including taxes) associated with services offered in the Hoppin app are the sole and exclusive responsibility of the user, as well as all fees and charges (including taxes) for equipment and resources required to access the Hoppin app (including the mobile terminal and all telecommunications network access and usage fees).

4.2 Availability

Without offering any warranties, the publisher will take all reasonable measures to the best of its ability to ensure the availability and security of the Hoppin app, excluding force majeure or any other events beyond the publisher’s control and subject to any interruptions due to maintenance work.

The publisher reserves the right to unilaterally interrupt the availability of the Hoppin app at any time without prior notice to the user for the performance of maintenance work necessary for the proper functioning of the Hoppin app (including updates to a new version of the software). The publisher will always strive to minimize periods of unavailability due to maintenance work.

In no event shall the user be entitled to any compensation for any interruptions in the availability of the Hoppin app, regardless of the cause of the interruption.

The aforementioned provisions relate solely to the availability of the Hoppin app. The publisher is not responsible for the operational availability of an operator’s transport services offered in the Hoppin app, which is always the sole responsibility of the respective operator.

4.3 New versions

The user is informed that the publisher will regularly release new versions or updates of the Hoppin app.

Users who have chosen automatic updates through their mobile terminal settings will automatically have the latest version of the Hoppin app. At the next use (after release the new version), the user will receive a notification of this in the Hoppin app listing the changes.

Users who have not activated the aforementioned feature in the settings of their mobile terminal will have to manually install the updates to the Hoppin app. The updates are offered through the respective app stores. If notifications are activated from the app store, the user will receive a notification that a new version is available. The user is notified of the changes in this version via the app store and agrees to them by installing the update.

After an update, users can no longer use the previous version of the Hoppin app.

4.4 Creation of a Hoppin account

By installing the Hoppin app and registering upon initial use, the user agrees to a user account being created. The minimum information required for this purpose is requested from the user during the registration process. Users are free to supplement their user account with additional data afterwards through the profile settings in the Hoppin app.

The data from the user account will be processed by the publisher in accordance with the provisions under Title 6 (‘Processing of Personal Data’).

The user is solely responsible for any use that may be made of his login and password, and solely guarantees their confidentiality, as well as the use of his user account. If the user has knowledge of a use of his login and password by a third party without his permission, the user should report this to the publisher as soon as possible through the various means of communication listed below under Title 13 (‘Contact’).

4.5 Obligations of the user

The user undertakes to abide at all times by these general terms and conditions of use and all applicable rules and regulations and in no way to infringe on the rights of the publisher or any third parties.

The user expressly agrees to:

• to use the Hoppin app for personal and non-commercial purposes only;
• not to reproduce (in any form) or copy (in any way) all or part of the Hoppin app or its contents without the prior, express and written consent of the publisher;
• to refrain from using any software or devices that may interfere with the proper functioning of the Hoppin app;
• not to use the Hoppin app in a manner that could disrupt the proper functioning of the Hoppin app or take any action that could disproportionately burden the publisher’s or operator’s infrastructure;
• not to extract or reuse (for any purposes whatsoever) any significant portion of the contents of the databases and archives formed by the app or accessed through the app without the prior, express and written consent of the publisher;
• to refrain from any attempt to hack the Hoppin app, as well as any attempt to modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, reverse engineer and any other practices such as scraping or robots aimed at extracting or reproducing all or part of the Hoppin app or its contents;
• to notify the publisher immediately if the user is aware of hacking or any other prohibited use of the Hoppin app;
• not to communicate false information or purposefully use another person’s user account (identity theft);
• not to sell or otherwise distribute the Hoppin app or its contents to third parties.

5. Transportation services offered through the Hoppin app

5.1 Agreement with the publisher

The agreement arising between the publisher and the user pursuant to the installation and use of the Hoppin app is limited to the provision and use of the Hoppin app in accordance with these general terms and conditions of use.

The agreement between the publisher and the user is for an indefinite period of time. The user may terminate this agreement at any time by deleting and no longer using the Hoppin app.

5.2 Agreement with the operator

When the user uses an operator’s transport services through the Hoppin app, this creates a direct agreement between the user and the respective operator, without the publisher being involved in that agreement in any way (neither as a party, nor as an intermediary, mediator or in any other capacity).

The use of transportation services offered by an operator through the Hoppin app is always subject to the respective operator’s own terms and conditions.

Get access to the operators’ specific terms and conditions. (in Dutch)(PDF file opens in new window)

5.3 Reservation of a ride

Users can use the Hoppin app to reserve a ride with an operator. When the reservation is made, the ride data are automatically forwarded to the operator and further processed to perform the respective transportation service.

The reservation by the user in the Hoppin app counts as an effective and binding order with the operator. In case of modification or cancellation by the user of a reservation made, the terms and conditions of the operator concerned will apply. The publisher of the Hoppin app is not responsible for any associated costs.

5.4 Notifications

The user agrees to receive notifications on his mobile terminal related to the use of the Hoppin app or a reservation. The user can specify his communication preferences in the Hoppin app settings. The user can also specify through his mobile terminal’s settings the way he wishes to receive notifications from the Hoppin app.

5.5 Location details

The user has a free choice whether or not to allow the Hoppin app to access the user’s location data. Based on the user’s location data, the Hoppin app can suggest the most optimal transport options. Some features of the Hoppin app cannot be used or cannot be used fully without the user’s consent to the use of localization data.

6. Processing of personal data

The publisher attaches the utmost importance to protecting the user’s privacy and personal data. The publisher will use the user’s personal data only within the limits of the execution of the contract with the user and within the framework of the necessary measures for the proper functioning of the Hoppin app and, in particular, for the functionalities chosen by the user.

For more complete information on the processing of users’ personal data, please see the privacy policy available.

7. Intellectual property

Access to the Hoppin app does not grant the user any intellectual property rights of any kind to the Hoppin app or any parts thereof, or as regards any content displayed in the Hoppin app. The user only acquires a non-transferable and non-exclusive right to use the Hoppin app for personal and non-commercial purposes and only within the limits of these general terms and conditions of use.

The publisher remains the holder of all intellectual property rights (including all copyrights, trademark rights, patent rights, trade name rights and other intellectual and industrial property rights and similar rights to protect information) relating to the Hoppin app, including all components thereof and all related documentation.

The intellectual and industrial rights relating to the content displayed in the Hoppin app (such as texts, photos, maps, sounds, databases, etc.) are and will continue to belong to the respective rights holders.

8. Liability

The publisher’s obligations under these terms and conditions of use constitute an obligation of best efforts, whereby the publisher shall strive to provide the best possible user experience but without any guarantee being given by the publisher that the Hoppin app will be completely free of errors, malfunctions or interruptions.

Except in the case of damages resulting from intent or gross negligence on the part of the publisher, the publisher’s liability is expressly excluded as provided below.

The publisher shall not be liable for any damages, foreseeable or unforeseeable, material or immaterial (including loss of profits or loss of opportunity) arising directly or indirectly from the use of the Hoppin app or the total or partial inability to use the Hoppin app.

The publisher is also not liable for:

• disruptions, interruptions, delays or any limitations in the use of the Hoppin app that are due to third-party software, to the user’s telecommunications network or mobile terminal or compatibility;
• the service provided by an operator, neither in terms of the manner of performance nor in terms of the conditions applied by the operator, or any changes thereto;
• any inaccuracy, incompleteness or imprecision in any third-party information displayed or referenced in the Hoppin app, including but not limited to information from an operator (e.g. regarding schedules, conditions or availability or position of vehicles);
• the content, operation or accessibility of external websites or applications referenced or mentioned in any way in the Hoppin app;
• inaccuracy, incompleteness or imprecision in information provided by the user himself (e.g. incorrect reservation) or improper use of the Hoppin app by the user.

9. Modification of the general terms and conditions of use

The publisher reserves the right to modify all or part of these general conditions of use at any time without prior notice to users in order to adapt them to further developments of the Hoppin app software, the transportation services offered through the Hoppin app or any other factual, technical, legal or jurisprudential developments. In case of material changes to the terms and conditions of use, the publisher will notify the user via a notice in the Hoppin app.

In the event of modification, the user shall in any case be deemed to have accepted the amended terms of use if he has not objected within thirty (30) calendar days of the modification. If the user opposes the modified terms and conditions of use, the user will be asked to stop using and delete the Hoppin app.

The most current version of the terms and conditions of use can be accessed at any time through the Hoppin app settings and through this link. (in Dutch)(Word file opens in new window)

10. Termination and exclusion from use

In case of non-compliance by the user with these general terms and conditions of use, the publisher reserves the right to exclude the user from using the Hoppin app or to restrict, suspend or terminate the user’s access to the Hoppin app at any time, unilaterally and without prior notice.

11. Miscellaneous provisions

Should one or more provisions of these general terms and conditions of use be declared void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Unless otherwise expressly stated in these general terms and conditions of use, any delays in the exercise by the publisher of the rights provided for in these general terms and conditions of use shall not be considered as a waiver or relinquishment by the publisher of the relevant rights.

The publisher reserves the right to transfer all or part of its rights or obligations in these general terms and conditions of use to a third party without the user’s consent. Any such transfer implies a modification of these general terms and conditions of use and the user will be duly notified.

12. Applicable law and competent court

These general terms and conditions of use are subject to Belgian law. Any dispute concerning the validity or execution of these general terms and conditions of use, belongs to the jurisdiction of the courts of the judicial district of Brussels.

13. Contact

For more information, notifications and/or complaints regarding the Hoppin app, users can contact the publisher at:

• Telephone: 0800 12 2 12
• E-mail: info@hoppin.be(opens in your email application)
• Website: www.hoppin.be (in Dutch)(opens in new window)