The Conditions of Use applicable to the end users of the services of the Belgian company Be-Mobile (referred to hereinafter as “Be-Mobile”™), company number 881-959-533, with registered office at 27, Boulevard du Roi Albert II, 1030 Brussels, are set out below.
The terms used in these Conditions of Use shall have the following meanings.
1.1 End User
The party, whether an individual or a company, who, under a contract entered into with the service provider or the mobile operator, pays charges for mobility services (parking, EV charging, public & private ticket transport, …) using a mobile device (mobile phone, laptop, tablet, smartphone or any other mobile device) in conjunction with the Be-Mobile mobile payment system.
1.2 Service Provider
The party who, using the services of Be-Mobile, registers the end users and the charges due and, subsequently, directly or indirectly bills the end users for these parking charges via the mobile operator. Be-Mobile may also be the service provider in the event of payment by credit card, direct debit, or bank transfer or any other means of electronic payment.
The party whose services are used to record parking time and any other information related to the other Be-Mobile services. The personal data from the concerned party may also be used for any means including. when Mobile for entrusts the recovery of a debt to a third party as set out in Article 7§ 8 below.
1.4. Be-Mobile systeem
The computing and communication equipment used by Be-Mobile, including the relevant software, as well as the website www.4411.be, enabling the end user to use the service(s).
Be-Mobile offers the opportunity to the users to activate an automatic payment through Be-Mobile platform (can be also called ticketing system) enabling the service provider to be paid for the service offered to the party. In the case of the parking it is an automatic payment activation system enabling an automatic payment of the parking ticket fee due by the party to the local authority or private parking lot operator. The provisioning will be done by the party through his device (any mobile or any other electronic device having connectivity)
The mobile network to which the end user is connected.
1.7. Parking charges
The charge or tax charged by a local authority for the use of a parking space or the cost of using a parking lot operated by a private firm.
1.8. Tickets charges
Charges or taxes invoiced by public or private companies for the use of their services by users. For instance, the use of a mobility service during a limited period of time at a specific price for a place in a public transport company (e.g. De Lijn).
2. Conditions of Application
§1 These Conditions of Use are applicable to the Be-Mobile system and can be seen on the Be-Mobile website (www.4411.be).
§2 The service provider reserves the right to modify these conditions subject to publication on the website www.4411.be.
§3 If any clause of these conditions is invalid or is declared null and void, this shall not affect the validity of the other clauses. A clause which is declared null and void shall, so far as possible, be maintained in accordance with the object and scope of the invalid or canceled clause.
3. Be-Mobile System
§1 The end user may use a mobile phone or any other device (mobile or not mobile having a connectivity means) to register/enter a ticket for one or several services offered by Be- Mobile. For parking charges or other kind of mobility charges by means of the Be-Mobile system are at the rates in force in the parking zone participating or the rate defined by the mobility service provider in the Be-Mobile system. These costs shall cover the period between the opening and the closing of the session or transaction being registered.
4. Registration of the end user
§1 In case of billing via a mobile operator supporting the Be-Mobile system, the end user is not required to register. However, if the mobile operator concerned does not support the Be-Mobile system, the end user must register on the Be-Mobile website. tTo take profit of certain actions it is preferable to register whatever the payment scheme chosen. The party (person or company) might have also the possibility to register through a button offered by other 3rd party (e.g. Facebook with the Facebook Connect Button). In this case, Be-Mobile will use the information known by this 3rd party to make the customer registration. The registration of the end-user is mandatory in the case the end-user has no Belgian mobile telephone number (MSISDN)
§2 The end user undertakes to provide correct contact details and keep them up to date. These shall include name, address, town, e-mail address, company details, mobile number and number of bank account or credit card (registered in Belgium). The correctness of this information remains also an obligation even if the end-user has used his information provided by another 3rd party (e.g. Facebook with Facebook Connect Button)
§3 The details of the end user shall be treated as strictly confidential in accordance with the legal provisions of the law on privacy. However, Be-Mobile reserves the right to give this information to a third party that Be-Mobile will entrust in order to obtain the recovery of a debt due by the end-users as set out in Article 7§ 8 below.
§4 An end user shall be deemed to be validly registered when registration is complete and has been validated by Be-Mobile.
§5 The end user shall safeguard the data required for using the service, such as the login and password. He or she shall also take care not to disclose such data to third parties. Be-Mobile shall under no circumstances be liable for any loss or the consequences thereof for the end user.
§6 The service provider may impose specific Conditions of Use on the end user on registration. This is for instance the case of the Mobility Service Provider De Lijn that will request before any use of his M-Ticketing to accept their own general conditions.
5. Contract with the end user
§1 In the case of end users who have not registered in advance, this contract shall be applicable throughout the duration of their contract with a mobile operator approved in Belgium and during their use of the Be-Mobile system. In the case of registered end users, this contract shall be applicable until their formal deregistration and after payment of all the charges due on that date.
§2 No action aimed at circumventing, limiting, or influencing the obligations arising from these Conditions of Use shall be carried out, omitted, or ordered. The service provider shall deem any action contrary to these provisions to constitute valid grounds for termination of the contract, either directly or indirectly via the mobile operator without prejudice to the entitlement of the service provider to claim damages from the end user.
§3 Be-Mobile may suspend the execution of its obligations until payment in full of all debts of the end user.
§4 The service provider may cancel the contract in writing with immediate effect in the event of the end user failing to comply with the obligations arising from these Conditions of Use.
6. Conditions of use of the Be-Mobile system
§1 The Be-Mobile system is used exclusively by participating local authorities and/or other authorities, organizations and/or businesses. Participating local authorities, organizations and businesses are identified by a sign in a visible place in the parking area and on the vehicle (symbol of mobile parking payment) for parking services. In case of other services than parking (e.g. 4242 for recharging electric vehicles) the participation is also well identified by a sign in a visible place. A visible place could also be the content placed on our 4411 mobile application. The website www.4411.be contains important information for the end user on using the system.
§2 The end user’s mobile operator shall use MSISDN code (call number) recognition for Be-Mobile.
§3 In the case of a SMS transaction the end user shall start and end parking sessions by sending a SMS to the short number 4411. The end user shall pay the charge in force for each message sent and received. Error messages are received free of charge. The charges shall be shown on the bill sent to the end user by the mobile operator.
§4 In the event the end user starts a parking session via a mobile application (Apple Store, Androïd store or any other store) ,via www.4411.be or via other similar means, the end user shall also comply with the terms and conditions of the developer of the mobile application. A transaction fee of € 0,35 in addition to the parking fee will be billed to the end-user by Be- Mobile.
§5 In the case of a SMS transaction the end user shall in any event be responsible for the correct use and smooth functioning of the mobile phone used in combination with the Be- Mobile system. The end user is responsible for the correctness of the sms sent. A mistake in the SMS or notification sent might have as consequence that the service provider might consider the ticket as not paid.
§6 In the case of parking transaction, the request to end a service session (like parking for instance) sent through the mobile device to the Be-Mobile system will end the session & and will have for consequence to entitle Be-Mobile to bill the end user.
§7 For all registered users, a session can be terminated via the personal Web page. In the event of a problem with the user’s mobile network preventing the latter from stopping the considered service session in the Be-Mobile system, and in this event only, the end user is authorized to end the service session by calling 078/054411.
§8 In the case of the purchase of a mobile ticket for a mobility service like for instance the M-Ticketing of De Lijn, the person buys a ticket at a fixed price and for a determinate period of time both pre-defined by the mobility service provider. In the case of the M-ticketing of De Lijn the price is 1,80 € VAT included for a duration of 60 minutes. This ticket will automatically arrived at end of validity after this duration of 60 minutes.
§9 In all cases of termination of the contract with the end user, for processing purposes, these Conditions of Use shall continue to govern the relationship between the parties.
§10 Be-Mobile, one of its service providers and/or one of its operators, may temporarily suspend (in full or in part) one or more connections or other technical features of the services, in particular for the purposes of running, improving, repairing and maintaining the services. If deemed necessary by the seriousness of the situation, Be-Mobile or one of its service providers shall inform the end user of such activities in advance.
§11 In the case of parking transaction per SMS, a transaction shall be deemed to be formally closed on receipt by the system of the end of parking order. In the event that the end user activates the service confirming the beginning and end of parking, the confirmation message received shall also constitute sufficient proof of the formal closure of the transaction.
§1 The end user’s service session times registered in the Be-Mobile system shall be binding for the amounts billed to the end user. The service provider may collect the service (e.g. parking) fees periodically.
§2 The legal format of service times and charges is shown on the Be-Mobile website (www.4411.be), on the end user’s personal page. The end user may ask to be sent a detailed summary by post. In this case, the service provider will bill extra charges in accordance with the provisions published on the Be-Mobile website.
§3 In the event of loss or theft of the mobile phone, the end user must inform the Be-Mobile helpdesk and/or the address email@example.com without delay and terminate the parking session by calling 078/054411. The parking charges will, however, remain payable.
§4 In case of a parking transaction if the end user fails to end a parking session, it will be automatically terminated at the end of the day’s parking period in the zone in question.
§5 In a case of limited parking duration in the parking zone in question, the parking session will be automatically terminated at the end of the end user’s parking period.
§6 Parking charges & all other charges for mobility services & transactions services shall be paid within 14 calendar days of the billing date. If payment is not made within the required period, Be-Mobile reserves the right to bill the customer for administrative charges incurred in sending reminders.
§7 In the event of a delay in payment, Be-Mobile reserves the right to block the mobile phone and/or registration numbers registered with the parking service until the amounts due are paid in full.
§8 If payment is not made after several reminders sent by any appropriate means, Be-Mobile may start legal proceedings to recover the amounts outstanding. The local authority in question may impose fines for non-payment.
If Be-Mobile entrusts the recovery of the debt to a third party, the End User will be charged a penalty that equals 15% of the debt with a minimum of 30 EUR (35 EUR as from 16-01- 2017).
§9 If the end user suspects that there is an error in a bill, he/she must consult the summary of charges on the website before contacting the service provider’s helpdesk. The obligation to pay shall not be canceled or suspended due to disputes regarding payment.
§10 The service provider may periodically adapt the costs and subscription fees mentioned in this contract.
8. Applicable legislation and regulations, and local bylaws
§1 In the case of a parking service on the street, Local parking by laws are applicable to all end users of the Be-Mobile system who park their vehicles on the public highways in the district in question. In the case of other mobility services it is the general terms & conditions that apply.
§2 Parking charges may be affected by modifications to local authority parking regulations. Be-Mobile cannot be held responsible for the pricing policy and control of the system of the local authority in question.
§3 The end user may print out a summary of his or her parking sessions on the personal Web page, including the amounts before VAT.
§4 Any failure to pay or delay in payment of parking charges and/or any incorrect use of the Be-Mobile system may be penalized by a fine.
§1 Be-Mobile shall not be liable in the event of business and/or indirect and/or consequential damage arising from this contract or from any illegal action, attributable to the failure to operate or malfunction of the Be-Mobile system, or in the event of failure in the execution of the services or these Conditions of Use.
§2 Be-Mobile shall not be liable for any indirect or consequential damage arising from the use of the Be-Mobile system. The end user knows and acknowledges that the possibility of opening and closing a parking session by mobile phone or receiving SMSes regarding parking sessions is subject to the functioning of the telephone network to which the mobile phone is connected as well as the service of the mobile operator subscribed to.
§3 In the event of direct damage, Be-Mobile shall only be liable in the event of a deliberate action or serious misconduct on its part. The liability in the event of direct damage shall be restricted to €50 per event and €100 per year. In this context, a series of associated events shall be considered as a single event.
§4 The right to compensation shall be lost if the action is not brought before the competent courts within 6 months of the event causing the damage.
§5 Neither the service provider nor Be-Mobile shall be liable for any direct, indirect, or consequential damage attributable to the malfunctioning of the end user’s mobile phone network, delayed receipt of an SMS, force majeure, action or lack of action by one or more third parties involved, or incorrect use of the mobile parking payment system by the end user.
§6 The end user shall be liable for all material or immaterial damage suffered directly or indirectly by the service provider and/or Be-Mobile as a result of any action or negligence in breach of these conditions, the authorized instructions based on these conditions, the law, or the legal or arbitration arrangements between the parties. In this context, “law” shall be specifically understood as any illegal action committed by the end user for which the liability of the service provider and/or Be-Mobile is incurred.
§7 Be-Mobile shall not be held liable for damage imputable to the methods of enforcement employed by the local authorities registered with Be-Mobile. In the event of additional arrangements required of the end user by a local authority for purposes of controlling the service, Be-Mobile shall not be held responsible with regard to the non-application or incorrect application of these arrangements by the end user, or any negligence affecting these arrangements.
§8. Be-Mobile reserves the right to modify or correct these Conditions of Use at any time without prior notice. The new Conditions of Use shall come into force when they are published on the website.
§9. By using our mobility services, the end user agrees to any changes thereto. The end user shall consequently regularly check the Conditions of Use of the service on the website www.4411.be with a view to examining the conditions by which he or she is bound.
10. Applicable law and settlement of disputes
These Conditions of Use are subject to Belgian law. Any disputes relating to these conditions shall be referred to the competent courts of Brussels.
K. Mercierlaan 1A
9090 Melle (Belgium)
Phone 078 05 4411
VAT n°: BE-0881959533
4411 – 0,15 €/SMS sent/received
4411 – 0,25 € per transaction using mobile application
4411 – 0,25 € per transaction using web (as from May 2017)
4411 – 0 € per M-Ticketing De Lijn