General Terms and Conditions Figo

Version March, 2023

Figo BV (hereinafter: ‘Figo’, the ‘Company’ of ‘Figo’) operates the Figo app, a mobile application that allows registered customers to transport and use mobility services from affiliated mobility partners, when these mobility services are available and mobility services / from passenger within the closed subscription. Figo makes use of these general terms and conditions (hereinafter: ‘General Terms and Conditions’ or ‘GTC’). By creating an account and/or using the Figo app, you agree to the creation of these terms and conditions.

Figo’s address is Wenckebachweg 144, 1058TG Amsterdam and is registered with the Chamber of Commerce under number 74766759 (e-mail: support@figo.app).

PART I: GENERAL SECTION 

Article 1. Definitions

The terms mentioned below are capitalized in these General Terms and Conditions and have the following meaning in these General Terms and Conditions.

Account: the Customer’s account within the Figo app, which the Customer can access using his login details. The account makes it possible to book, reserve and pay with the various affiliated Mobility Providers.

General Terms and Conditions of AV: these General Terms and Conditions of amendments and/or additions to these General Terms and Conditions.

Contract: is any agreement concluded between Figo and the Customer, whereby the Customer can use the Figo app. The Contract is in any case created by creating an Account and accepting the General Terms and Conditions.

Fraud: manipulation and any act of omission aimed at manipulating Figo and or otherwise using the Travel Credit.

Figo: Figo B.V.

Figo app: The Figo app, of which Figo is the rightful owner, and which can be downloaded from the App stores of Google (Google play) and Apple (App Store), see also www.figo.app/app.

Use: the use of the Figo app, including making a Reservation and actually using a mobility service.

Customer: A natural person, entity or company (the latter two hereinafter collectively referred to as “Business Customers”) that has been successfully and duly registered with Figo and has entered into a valid Contract with Figo.

Mobility providers: Providers of mobility or facilities therefore, such as shared bicycles, shared cars, public transport, parking, etc., with whom Figo has concluded an agreement to offer mobility services via the Figo app. The currently affiliated Mobility Providers are further specified in these General Terms and Conditions. The Mobility Providers can change and an up-to-date statement can be consulted at www.figo.app or can be requested from Figo.

Travel Card (business user-only: The Travel Card offers the option of facilitating transactions via shared services, parking services and public transport (in due course) outside the FIGO platform. FIGO collects the payment transactions and settles them with the available budget on the Balance Account. This account will be managed by payment provider Adyen at all times and will be immediately available after a successful KYC. Your employer will provide this account with the necessary funds via a manual deposit or direct debit. When credits run low, Figo will notify your employer to upgrade their Travel credit.

Company: Figo B.V.

Force Majeure: A circumstance that is not due to fault, and/or is not for the account of the Company under the law, a legal act or generally accepted. In addition to what is understood in the law and jurisprudence in this regard, Force Majeure is in any case but not limited to: strikes at the Company, government measures, extreme (weather) conditions, pandemic and/or epidemic (including the Corona / COVID-19 outbreak).

Privacy Policy: Figo’s privacy policy for the Figo app. For more information about privacy and the privacy policy, reference is made to the Privacy Policy that can be found on the website: https://figo.app/privacy-policy/

Reservation: a reservation, booking and/or rental of a mobility through a Mobility Provider, by using the Figo app.

Fees: the fee or fees due for the Use.

Service center: the helpdesk of the Figo app, where questions, complaints and/or comments can be made. The Service Center can be reached via email support@figo.app and by telephone on +31 20 261 41 90

Website: https://www.figo.app.

Article 2. Applicability and changes

These General Terms and Conditions apply to all offers of Figo, to every Contract and to all legal relationships (under whatever name) between Figo and the Customer

Figo reserves the right to make changes to the General Terms and Conditions and the tariff overview for use with the Mobility Providers. Any changes will be communicated to the Customer as soon as possible by means of a message by e-mail, announcement on the Website and/or via the Figo app. The most current General Terms and Conditions can always be consulted via the Website. By continuing to use the Figo App, the customer agrees to the change. If the Customer objects to a change, the Customer can immediately terminate the Contract, as a result of which the Figo App can no longer be used.

These General Terms and Conditions consist of a “GENERAL SECTION” and “SPECIAL SECTIONS”. The SPECIAL PARTS apply in addition to the ‘GENERAL PART’, if and insofar as it is determined that one or more SPECIAL PARTS apply. If and insofar as there is a contradiction between the GENERAL SECTION and a SPECIAL SECTION, the provisions of the SPECIAL SECTION shall take precedence over the GENERAL SECTION. Several SPECIAL PARTS may apply at the same time.

These General Terms and Conditions have been drawn up in the Dutch language. If the General Terms and Conditions are translated into another language, the Dutch text is binding.

Article 3. The Figo app

The Figo app serves as a means of access for booking and renting services through affiliated Mobility Providers, insofar as this is technically possible.

The means of access for Mobility Providers (and their partial transport) is the Figo app, which requires login to the Account.

In order to use the Figo app, the Customer must have a mobile phone that meets the technical requirements for the Figo app. When downloading the app, it is automatically checked whether the mobile phone meets the necessary requirements. Figo does not guarantee compatibility. The responsibility lies with the Customer for the possibility of mobile data communication. The Customer is responsible for mobile data charges incurred by the Customer using the Figo app.

Article 4. Registration and Account

To be able to use the Figo app, an account must be created, in the manner provided in the Figo app and in these General Terms and Conditions. During the registration process, the Customer creates a username and password that gives him/her access to his/her Figo account.

The Customer must keep his login details strictly confidential and personal. Figo assumes that everything that happens on or with the Customer’s account is done by the Customer or under the supervision and/or responsibility of the Customer. The Customer will never resell, transfer, lend or otherwise allow third parties to use his/her account, username or other account-related rights.

The Customer is, insofar as possible under mandatory law, liable for all damage caused by the loss of the means of access, in particular if theft, damage or misuse of Mobility Providers has been made possible as a result.

If a Customer thinks or knows that his Account is being abused, the Customer must report this immediately. The Customer is also obliged to immediately report irregularities regarding the account or the Figo app. Reporting must take place at the Service Center.

The Customer must always have a bank account (payment account) with a bank established in the Netherlands, which bank account, among other things, enables direct debit. Figo may require the presence of such a bank account to be verified through a digital verification process to be determined by Figo.

The Customer declares that all information provided or provided during the creation of an account is true, accurate, complete and current.

The Customer itself ensures that the account details are updated to maintain the correctness and accuracy. The Customer ensures that a functioning and own telephone number is always registered in the Account, this in order to be reachable for Figo (for example in the context of a reservation) and for verification when logging in and out.

A driving license is required for the Mobility Providers, for this Figo will do a validation.

The following applies to these services:

Have reached a minimum age of 18 years and have held a driver’s license for at least one (1) year.

A valid driver’s license for driving a passenger car (B) or a moped (AM);

Have their valid driver’s license with them at all times during Use/rental and comply with any conditions and restrictions contained therein.

A minimum age of 21 applies for some services.

Figo reserves the right to refuse registration for any reason.

Figo itself determines whether an Account is provided.

It is not allowed to register multiple times or create multiple accounts.

Figo reserves the right to modify or terminate Customer’s access to Figo for any reason, without notice, at any time and without liability to Customer.

Figo reserves the right to terminate a Contract for any reason, at any time and without liability to the Customer.

Article 5. Application and use of the TravelCard (business user-only)

A Customer can apply for a Figo Public Transport Card in the Figo platform as soon as he/she is eligible. Figo may set additional conditions in this regard.

The digital Card is on loan and must be immediately returned to Figo at the end of the Contract in the manner prescribed by Figo.

The Card is provided with a clear description of how this card can be activated.

You can request a replacement Card. The Client/employer pays € 19.95 per replacement Card as administration costs.

Upon activation of the Card, the Customer accepts the relevant terms and conditions and the relevant privacy statement for the use of this card;

After a correct request, the card will be automatically sent home to the address registered by the customer.

The costs of traveling on balance with the Card are fully borne by the Customer;

Article 6. Mobility providers

To carry out a Reservation and/or mobility service, Figo uses the (mobility) services of Mobility Providers. The Mobility Providers apply their own (general) terms and conditions and the terms and conditions of the relevant Mobility Providers apply additionally to the Use of the relevant mobility service. The following Mobility Providers are currently affiliated, with a link for each Mobility Provider to its terms and conditions (where the terms and conditions can be viewed and downloaded):

Felyx

https://felyx.com/docs/nl/nl/algemene-voorwaarden-nl.pdf 

https://felyx.com/docs/nl/nl/privacyverklaring-felyx-nl.pdf

Check

https://ridecheck.app/files/algemene-voorwaarden-vanaf-1-juni-2020.pdf

https://ridecheck.app/files/privacystatement.pdf

MyWheels

https://mywheels.nl/autodelen/algemene-voorwaarden

https://mywheels.nl/autodelen/privacybeleid

Amber

https://driveamber.com/en/voorwaarden/ 

https://driveamber.com/en/privacy-2/

GoSharing 

https://nl.go-sharing.com/privacy/

https://nl.go-sharing.com/algemene-voorwaarden/

GreenWheels 

https://www.greenwheels.nl/privacy-en-cookiestatement

https://www.greenwheels.nl/en-us/terms-and-conditions

Donkey Republic

https://www.donkey.bike/terms-and-conditions/

https://www.donkey.bike/privacy-policy/

or any other future provider

By agreeing to these Terms and Conditions, the Customer agrees. The terms and conditions of the Mobility Providers are also effective and (indirectly) accepted by the Customer as soon as there is a Reservation or Use of the relevant mobility service. The Participant may still need to create an account with the Mobility Provider, whether or not via the Figo app, where the terms and conditions of the relevant Mobility Provider must still be explicitly accepted before the mobility service offered by that Mobility Provider can be used.

Figo can add Mobility Providers at any time. The moment this Mobility Provider is used by the Customer, the Customer immediately accepts the then current condition of the Mobility Provider

By using the Figo app, the Customer can place a Reservation with an affiliated Mobility Provider. Figo ensures that your Reservation is registered with the Mobility Provider selected by the customer. Some Mobility Providers may only allow you to place a Reservation via the official Mobility Providers app. Figo will then make the Reservation possible via a so-called ‘deep link’.

When the Customer has successfully completed his Reservation, an agreement is concluded between the Customer and the Mobility Provider for the use of the mobility offered.

Figo only has a facilitating role in the establishment of a Reservation and does not become a party to the agreement between the Customer and the Mobility Provider.        

Availability of services at the Mobility Providers lies with the relevant Mobility Providers, Figo has no influence on this. Figo is not liable if a service is not available.

A Reservation via Figo with a Mobility Provider is binding on the Customer and costs may be charged for this.

The Customer expressly accepts that Figo is in no way responsible or liable for services or functions of third parties.

The use of mobility for transport services as referred to in the Passenger Transport Act 2000 and the use of mobility for the purpose of providing a delivery or transport service is not permitted.

Article 7. Fees

All stated amounts, fees and rates include VAT, unless stated otherwise. For example for business trips.

The Fee will be collected by direct debit immediately after Use or periodically, at a frequency to be determined by Figo. If it concerns a private ride, the Customer must ensure that there is sufficient balance in the bank account specified by him or her.

If the direct debit referred to in this article is reversed or no debit can be made, the Customer is in default without a notice of default being required. In that case, the Customer owes statutory interest. The interest on the amount due and payable will be calculated from the moment the Customer is in default, until the moment of payment of the full amount.

Without express permission, the Customer is not permitted to set off its payment obligation towards Figo against a claim of the Customer for whatever reason, or to suspend its payment obligation towards Figo.


In the event that a user initiates unwarranted payment reversals, FIGO B.V. reserves the right to contact the user to resolve the matter. For each payment reversal conducted without valid justification, a fee of €7.80 will be levied on the user’s account. This fee aims to cover administrative costs and efforts associated with addressing unwarranted payment reversals. Users are encouraged to ensure the accuracy of their transactions and communicate any legitimate concerns through proper channels to avoid incurring such fees. By using our services, users agree to adhere to this payment reversal policy.

If the Customer is in default or in default in the fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction in and out of court will be borne by the Customer. In any event, in the event of a monetary claim, the Client owes extrajudicial collection costs (calculated in accordance with the Decree on compensation for extrajudicial collection costs, at least the successor to that arrangement).

Any actual judicial and enforcement costs incurred, as well as other reasonably necessary costs, will also be borne by the Customer, possibly in addition to the fees already provided for by law.

If Figo is unable to collect the Fees, Figo is entitled to suspend the Account of the Customer in question as long as payment has not been made. If the Client is registered through a company, the employer guarantees these compensations. By signing the contract between the Employer and Figo, the employer agrees to this. The Employer and Figo will act jointly to claim the outstanding costs from the Employee.

The applicable rates are displayed in the Figo App. After the end of use, the Fee will be determined by Figo (or the relevant Mobility Provider(s) based on the applicable rates and the Use. The price/(expected) fee shown in the Figo app in advance of a Reservation may differ. of the actual Fee (this in connection with consumption, duration, etc.); the price shown in Figo is indicative. The Fee determined after Use is binding. If the Customer objects to the Fee determined and/or its calculation, the Customer must inform the Service Center within 72 hours after the end of use.

Article 8. Employers’ liability

Figo places the liability of Employees with the Employer, considering the costs incurred that are registered by the Mobility Services affiliated with Figo. The liabilities mentioned in Article 9 are charged to the Employer. In the event of fines, the Employer and Figo will act jointly. Figo is entitled to charge €19.95 per fine as transaction costs. The Costs are fully borne by the Employer.

Article 9. Liability of the customer, fines, (exclusion of) use

To the extent permitted by mandatory (consumer) law, Figo is not liable towards the customer, unless there is intent or willful recklessness on the part of (executives of) Figo. The Customer is liable towards Figo for damage that he has inflicted or caused. This includes – without being exhaustive – theft of, damage to or loss of services/goods of the offered Mobility Providers rented or reserved through Figo.

In the event of an accident due to the Customer’s own fault, the Customer’s liability also extends to incidental damage, such as expert costs, towing costs, depreciation, costs due to lost rental income, lower insurance premium and administrative costs.

The Customer is responsible for following rules and restrictions per Mobility Providers. The Customer cannot purchase equipment from Mobility Providers, such as bicycles, scooters, cars, etc. These purchases are not covered by the Contract of Figo, possibly. obligations of payments are refused by Figo at all times.

The Customer agrees that any claim arising out of the relationship with Figo must be submitted within one year of the claim arising. Otherwise, the Customer’s claim against Figo will lapse and it will be time-barred.

The Customer uses a mobility offered via the Mobility Providers in accordance with the standards of decency and in doing so observes the applicable traffic and parking regulations. The Customer handles the rented property with care and behaves as a responsible road user.

In the case of a Reservation for a specific period of time, the Customer is obliged to return the rented item within this period.

In case of loss, theft of or damage to the rented property, you must contact the Figo service center as soon as possible. In the event of theft, the Customer is obliged to report it to the police and to share a copy of the report with the Service Center.

The Customer is obliged to visually inspect the rented item before use and to report any defects to the customer service of the relevant Mobility Providers and the Service Center.

The Customer is obliged to immediately report all damage to the rented property, whether it has occurred before, during or after use and whether it is caused by the Customer or not, to the customer service of the relevant Mobility Providers and the Service Center.

The Customer is liable towards Figo for the consequences of fines and/or damages booked via the Figo account. The Customer will pay all fines and costs arising from this and fully indemnify Figo against any claims from third parties. For the processing of traffic violations (warnings, costs, fines, etc.), the Customer must pay a processing fee of € 19.95 to Figo for each event.

Article 10. End of Contract

The Customer has the right, without being obliged to pay any compensation in this respect and without prejudice to the Customer’s other legal and contractual rights, to terminate the Contract with Figo in writing. The Customer can then no longer use the Figo app immediately. It is also no longer possible to use every account with Mobility Providers made via the Figo app. Outstanding claims, such as previously made trips and fines, are settled by the Company with the Customer.

Figo has the right, without being obliged to pay any compensation and without prejudice to Figo’s other rights under the law or these General Terms and Conditions, to terminate the Contract with immediate effect if (non-exhaustive); the Customer does not (or no longer) fulfill its payment obligations;

the Customer does not or not properly fulfill any obligation under the Contract or these General Terms and Conditions and this shortcoming is not rectified within a reasonable period after Figo has given notice of default to the Customer, unless fulfillment is permanently impossible due to the nature of the shortcoming. In that case, a notice of default is not necessary;

the Customer is guilty of Fraud or there is a well-founded suspicion to do so;

on the side of the Figo Force Majeure occurs;

Figo decides to stop using the Figo app; and/or the Client dies, is declared bankrupt, (provisional) suspension of payments is granted and/or the statutory debt rescheduling scheme (WSNP) is declared applicable (or an event occurs with regard to the Client with comparable consequences or a similar stretches).

Article 11. Applicable law

The Contract, these General Terms and Conditions and any legal relationship between Figo and the Customer is exclusively governed by Dutch law;

Article 12. Correspondence, complaints and disputes

All written communications from Customers to Figo in connection with the Contract must be emailed to the Service Center (support@figo.app).

Complaints/comments about Figo or the Figo app can be reported to the Service Center; If a dispute arises between Figo and the Customer, the parties will first try to resolve their dispute amicably. All disputes arising from or related to the Agreement or these General Terms and Conditions will be settled in the first instance by the competent court in Amsterdam (Amsterdam court), except insofar as mandatory rules of competence would preclude this choice.

Article 13. Other provisions

Should any provision of these Terms and Conditions be void or voided, the remaining provisions shall remain in full force and effect and the void or voided provision(s) of these Terms and Conditions shall be replaced by (a) valid provision(s). whereby the purpose and intent of the void or voided provision(s) are taken into account as much as possible.

In connection with the use of the Figo app, the Customer is bound by the license of this app. In the event that any provision of this license conflicts with the provisions of this Contract, the provision in the Contract shall prevail.

It is prohibited to read, copy or manipulate the (access to the) Figo app using IT methods. Such infringement and the attempt to do so will primarily lead to exclusion from the Figo app and all costs of the infringement in the event of any resulting damage will be borne by the Customer.

All rights, including intellectual or industrial property rights, with regard to the Figo App and the Website are vested solely in Figo. The Customer will respect these rights. These General Terms and Conditions and the Agreement are expressly not intended to transfer any right of Figo.

The Company may transfer its rights and obligations under the Agreement to a third party (contract takeover) in the context of the full or partial transfer of its business with the cooperation of the Customer. The Customer grants permission/cooperation for this in advance. The contract takeover is concluded at the moment the Customer has been informed of this. If a later date is specified in that notification, that later date shall be deemed to be the moment at which the contract takeover is concluded.

E-mail: support@figo.app

Kvk nummer: 74766759

Btw nummer: NL860018854B01