Terms of use

SPRO TERMS AND CONDITIONS OF USE

1. GLOSSARY
1.1 App or Application: This refers to SPRO.
1.2 BSM and/or ITM Mobility Services: the services linked to the transport provided by the companies Barcelona Serveis Municipals, S.A. and Iniciatives Tecnològiques de Mobilitat (henceforth, ITM). These services include: Urban Goods Distribution (DUM) and Zona Bus.

2. SPRO TERMS AND CONDITIONS OF USE
Barcelona de Serveis Municipals, S.A. (henceforth, BSM) is the provider of the mobile application known as SPRO (henceforth, the Application), with CIF (Company Tax Code) A-08765919.

The present conditions of use regulate the rules of use of the mobile application for the urban goods distribution area and the bus zones for tourist mobility (hereinafter, "SPRO" or "Servei") insofar as BSM is the provider of the aforementioned mobile application. Specifically, it regulates the operational aspects of the application derived from the use of the application for smartphones.

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

1) Application Access

2) Registering with the application

2.1) Signing up to the application

2.2) Use of BSM Mobility Services DUM and BSM ZonaBus

3) Use of the Application

4) Prices and rates

5) Conditions for cancellation of complaint of the Barcelona digital ticket

6) Suspension

7) Location

8) Intellectual property rights

2.1 Application Access

The application requires the use of compatible smartphones, the installation of the Mobile Application, and internet access (subject to the connection rates that may be applied by the user’s supplier and for which BSM and/or ITM 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 the website or other services. BSM and/or ITM 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 purposes BSM may require users to install and always use the latest version of its Mobile Application.

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

However, in order to use the Service, it is necessary to register and open a service account.

When downloading the application, the user must explicitly accept the terms of use and the privacy policy.

SPRO services are addressed to any person of legal age and the user is responsible for complying with the requirements for the use of the mobility services provided. Any use of the services by the user is subject to compliance with the applicable regulations in force.

By downloading and using the SPRO application, the user expresses and guarantees they have sufficient capacity to enter into this agreement.

SPRO may automatically collect certain information, including the types of devices that the user uses, the ID of the user’s mobile devices, the operating system, the types of search engines the user uses, and information concerning the 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

To register in the SPRO application as a user, the user must provide all the contact details requested, including personal identification including personal identification (NIF/NIE/Passport) or company identification (CIF), full name, and, if applicable, company name, a valid e-mail address, and a mobile phone number.

The account must also be activated by accessing the confirmation page that will appear linked to the e-mail that BSM will send to the e-mail address provided during the registration procedure. If the user does not access this link, their account will not be activated, as the e-mail address provided cannot be verified and will be considered 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 Zona Bus and DUM mobility services for a single vehicle at any time. 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 that can 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 below: The User Administrator shall provide BSM with the email addresses of potential users, and BSM will send them a link that they must use to register for the application, providing the required information and password and accepting the service’s terms and conditions and the privacy policy.

2.2.2. Use of the Application

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 payment details, the User 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 to enable 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 person (individuals or freelances) or legal entity (companies, associations, etc.).

The Account holder may change their registered bank card whenever they wish, either on the application itself or on their user area. Every time a change is registered, BSM 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.

2.3 Use of the Mobile App

To use the Service, users of the system 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: start/end 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 battery charge, etc.).

Users of the Service can obtain a digital ticket through the mobile app after having previously downloaded and configured the same app on a compatible device.

Users of the Service can only obtain digital tickets that are valid for parking in DUM and Zones BUS Barcelona areas for vehicles that are authorised to use these spaces under the current tax by-law.

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. Either way, users will be required to accept the new terms and conditions if they wish to continue using the Service.

2.4 Prices and Rates

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 and/or ITM reserve the right, with prior notice, to amend these financial terms and conditions at any time.

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

2.5 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 notices 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 notices 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 notices 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 notice 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 app.

2.6 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.

2.7 Location

The user accepts that the SPRO 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 BSM and/or ITM 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, the use of the application will be incomplete, as some services will no longer work.

2.8 Intellectual property rights

The SPRO application belongs to Barcelona de Serveis Municipals, SA (henceforth BSM), 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.

3.- TERMS AND CONDITIONS OF THE SPRO SERVICE

The user of the service accepts these rules and conditions before registration.

The generic conditions of use of this application are protected by the legal regulations in force: Law 37/2007, of 16 November, on the re-use of public sector information, which transposes Directive 2003/98/EC of the European Parliament of the Council; Law 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, which approves the revised text of the Law on Intellectual Property.

For any disputes that may arise in the application and interpretation of these rules and conditions of use, the courts and tribunals of the city of Barcelona shall have jurisdiction, renouncing any other jurisdiction.

4.- GENERAL RIGHTS AND OBLIGATIONS OF THE USER

The user is obliged to correctly use the resources and information to which they will have access and to use it only for the provision or obtaining of the service. Likewise, they authorise the use of their data for the purposes of the service and under the terms indicated below. The user must inform BSM and/or ITM of any incident related to the software or the operation of the service.

Registration confers the status of the user without time limitation. However, both the user and BSM and/or ITM may terminate their relationship at any time, after notifying the other party. BSM and/or ITM may terminate the user's membership if it finds that they are in breach of these rules and conditions of use. BSM and/or ITM reserves the right to stop providing the service by notifying the user sufficiently in advance so as not to cause any harm to the user. Neither BSM, ITM, nor other entities or institutions promoting the service, or with which an agreement has been signed for its implementation, have any responsibility in the event of an accident, conflict between users, or non-compliance by any user with the regulations in force. It is the sole responsibility of each user to assume the responsibilities and, if applicable, the penalties or compensation to third parties resulting from conduct contrary to these conditions of use or the regulations in force.

4.1. General terms and conditions of the services

SPRO services are addressed to any person of legal age and the user is responsible for complying with the requirements for the use of the mobility services provided. Any use of the mobility services by the user is subject to compliance with applicable current regulations.

4.1.2 Payments 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.

Users can view detailed information about all operations paid for with their account by selecting various selection and sorting criteria: periods, and vehicles.

For all those payment services, when starting an operation, BSM will charge an amount of less than €0.05 to check the card’s operational status, which will be refunded within a few minutes. Where the result of the check shows the card is not operational, the service will not proceed.

4.2 Terms and conditions of use of the parking service

To start using the service, the user has to stand next to the vehicle and request to start parking. Then they must indicate the vehicle's number plate and the code of the zone where they want to park, which they will find at the vertical sign.

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.

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 parking 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 a user in the parking operation conditions indicated by them may give rise to the fines established in the current legislation. For 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.

BSM and/or ITM may refuse a parking request for several reasons, of which the Mobile User must be informed in any case. For example, this may be due to restrictions on the account, parking conditions payment conditions, or because the parking place is out of service, etc.

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 a 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.

The inability to view information or receive notifications about the digital ticket in progress on the mobile application does not exempt from the obligations towards the regulated parking space. This includes any cause or technical incident beyond the control of BSM and/or ITM, attributable to the mobile device itself (status, configuration, battery, incorrect operation of the device, etc.) or the telecommunication channels or operators.

In start/stop mode, to interrupt the parking time in progress, the user has to stand next to the parking space where the vehicle is parked and, using the mobile application, send a request to end the parking operation in progress.

The User is fully responsible for keeping their 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.

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

In case of loss or thievery of the mobile phone, the user account administrator has to notify the mobile phone operator and continue to operate from another terminal.

5.- UPDATE AND MODIFICATION OF THE TERMS OF USE

BSM and/or ITM reserves the right to revise and modify these legal conditions at any time. The user is subject to the policies and conditions in force at the time of using the service unless otherwise stated by law or by decision of the competent authority. Any modification of these terms of use must be notified to the user and, in all cases, must be accepted by the user to continue using the Service.

6.- SUGGESTIONS, QUERIES AND COMPLAINTS SUBMISSION PROCEDURE

For any suggestions, queries, complaints or requires, users can contact the technical support section of the mobile application or the contact section of the website: https://areaverda.cat/en/spro o https://www.amb.cat/en/web/mobilitat/mobilitat-sostenible/zones-d-estacionament/zona-dum/aplicacio