Date of last revision: 21/01/2020
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Skipr (via email@example.com) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Skipr (via firstname.lastname@example.org) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
BY ACCESSING OR USING SKIPR CARD, YOU ARE INDICATING THAT YOU HAVEREAD AND THAT YOU UNDERSTAND AND AGREE WITH THE CARD TERMS ANDCONDITIONS AS SET FORTH BELOW (THE “CARD T&C”). IF YOU DO NOT AGREEWITH THESE TERMS AND CONDITIONS, YOU HAVE NO RIGHT TO USE A SKIPRCARD IN ANY WAY.
These Card T&C are accessible on Skipr website as well as on the menu of the Applicationand can be easily downloaded in a PDF format from Skipr website.
These Card T&C are applicable from 11 September 2019 onwards and replace all previousversions of the Card T&C.These Card T&C shall apply to all users of a Card, in addition to any general or specialconditions applicable to any kind of product or service offered directly or indirectly on theApplication or through the use of the Card, per e-mail or per telephone as the case may be,including products and services offered by third parties and shall overrule any other termsand conditions that do not originate from Skipr. However, by accepting the application of theCard T&C, the User expressly accepts the application of the terms and conditions of theservice providers offering their services and/or products on the Application.
Article 1. Subject
The purpose of these general terms and conditions of use (hereinafter referred to as the "Card T&C") is to regulate the conditions of use of the payment card (hereinafter, the “Card”, it being understood that both the prepaid plastic card and the prepaid virtual card of MasterCard are targeted) distributed by the public limited liability company Skipr SA/NV, having its registered office at rue du Mail/Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises, with company number 0712.537.551 (RLE Brussels), approved by the French Prudential Control and Resolution Authority under number [-] (hereinafter referred to as "S kipr"), acting as an agent of the French simplified joint stock company Treezor SAS, with a capital of 2,250,000 euros, registered in the Nanterre Trade and Companies Register under the number 807.465.059, having its registered office at rue de Prony 41, 75017 Paris (France), acting as an electronic money institution and approved by the French Prudential Control and Resolution Authority under number 16798 (hereinafter referred to as "Banking Partner").
The Card is part of a service offered to companies, for the benefit of their employees, by Skipr. This Card is intended for use in accordance with the purposes of use determined by the cardholder's employer and limited to the booking and payment of mobility services (hereinafter the "Purposes of Use of the Card", the “Cardholder” and the "Employer").
Any Cardholder is therefore an employee of a company, the Employer, with which Skipr has concluded a contract, which prevails, as regards the relationship between Skipr and the Employer, over these Card T&C.
Article 2. Definitions
Defined terms in the Card T&C shall have the meaning as ascribed to them in this Article or the meaning indicated where they are used.
“Application” means the mobile application called Skipr, managed by Skipr, which enables Users to receive the Services from Skipr and to route, book and pay for all types of mobility solutions offered on this application subject to the terms and conditions of this Agreement;
“Authorized Third Parties” mean merchants and service providers with whom the Card may be used to pay for purchases of goods or services, it being understood that the Card should automatically block the majority of payments to unauthorized third parties but that Skipr is not able to guarantee that the Cardholder's transactions are only made with Authorized Third Parties.
“Banking Partner” means the French simplified joint stock company Treezor SAS, with a capital of 2,250,000 euros, registered in the Nanterre Trade and Companies Register under the number 807.465.059, having its registered office at rue de Prony 41, 75017 Paris (France), acting as an electronic money institution and approved by the French Prudential Control and Resolution Authority under number 16798. The Banking Partner acts as the payment card issuer allowing the execution of card payment transactions debited from the Cardholder's Card Balance.
“Card” means both the prepaid plastic card and the prepaid virtual card of MasterCard issued by the Banking Partner.
“Card Balance” means the balance of Electronic Money available on the Card, which must correspond to the balance of the Cardholder's "Skipr budget" available on the Skipr Application, and determined by the Cardholder’s Employer pursuant to the contract concluded between the Cardholder's Employer and Skipr.
“Cardholder” means the employee who is using a Card.
“Card T&C” means this agreement between a Cardholder and Skipr for the use of a Card
as set out in the present document.
“Customers service” means Skipr's customer service department to which any request for information or complaint relating to these Card T&C must be sent by e-mail (email@example.com).
“Electronic Money” means the monetary value stored in electronic form on the Banking Partner's server and representing a credit on the latter. Electronic Money is issued by the Banking Partner against the delivery of the corresponding funds by the Employer of the Cardholder.
“Plastic Card” means the prepaid plastic card of MasterCard issued by the Banking Partner and delivered to a Cardholder.
“Purposes of Use of the Card” means the purposes of use of the Card determined by the Cardholder's Employer and limited to the booking and payment of mobility services.
“Skipr Terms and Conditions” is Skipr’s current terms and conditions for the Application which are available on https://www.skipr.co/.
“Virtual Card” means the prepaid virtual card of MasterCard issued by the Banking Partner, without physical medium, whose numbers are only available and accessible in the Application.
Article 3. Use and operation of the Card
Each Card remains the property of the Banking Partner. The Card is personal and it is therefore strictly forbidden for the Cardholder to lend it, to dispossess themselves of it or to communicate the information it contains to another person.
3.2. Card Balance
The amount of Electronic Money available on the Card (the "Card Balance") corresponds to the Skipr Budget which can be consulted on the Application.
The Cardholder acknowledges that a payment transaction will only be authorized if the amount of Electronic Money available on the Card Balance is sufficient to honour such transaction and the related fees. Skipr or the Employer may also provide other limits, in which case these limits shall be indicated to the Cardholder on the Application or by e-mail.
Any payment transaction that exceeds the Card's authorized spending limits specified to the Cardholder and the amount of Electronic Money available may be blocked. As the Card Balance cannot be overdrawn, the Banking Partner will not make any advance payments hereunder. The Cardholder acknowledges that merchants may impose other limits on the Cardholder's use of the Card.
In the event of fraud or default, the Banking Partner and Skipr may limit the amount of authorized expenses to zero at any time.
The Banking Partner and Skipr shall in no event be liable for any damage that may result, for the Cardholder, from the refusal to authorise a payment transaction.
3.3. Purposes of Use of the Card
The Card is only used in accordance with the Purposes of Use and the Card T&C. The Cardholder shall refrain from making any other use of it.
The Cardholder undertakes to:
- comply with the regulations applicable to the payment transactions they carry out;
- not use the Card for (i) direct debits, (ii) cash transactions (including repayment, withdrawal of money from a bank, withdrawal of money from an ATM, bank draft, travellers' cheques, currency conversion) and (iii) any illegal purposes;
- update all identification information transmitted to Skipr (change of address, civil status, bank and similar identity statement or tax residence with the required supporting documents).
3.4. Particularities of the Plastic Card
The Plastic Card is a Mastercard automatically recharged by Skipr with immediate debit and systematic authorisation, with a confidential PIN code request. The signature on the back of the Card by the Cardholder is mandatory. The Cardholder acknowledges that he/she is
informed that the absence of a signature on a Plastic Card justifies the merchant's refusal to accept it.
The Banking Partner prohibits the Cardholder from affixing adhesive or self-adhesive labels or making any inscription on the Plastic Card with the exception of the signature.
It is the Cardholder's responsibility to keep the Plastic Card in a safe place at all times, to regularly check that it is still in their possession, never to leave it within the reach of a third party, never to authorize anyone to use it, to take back the Plastic Card after each transaction and to keep the identification data of the Plastic Card for themselves.
A safety device in conformity with the legislation is made available to the Cardholder. It consists of a PIN code defined by the Cardholder on the Application. Any Cardholder must memorize the code and never transmit it. This code is essential for the use of automatic devices (ATMs, electronic payment terminals, remote terminals, etc.). The number of successive attempts to dial the PIN code is limited to 3 (three) on automatic devices, with the risk of confiscating or invalidating the Card on the third unsuccessful attempt. The Cardholder systematically checks the presence of the MasterCard logo on each of these terminals. The payment order shall be deemed irrevocable as from the entry of the agreed personalised security code. It cannot therefore be withdrawn after this entry.
When the Cardholder uses a remote terminal (secure reader connected to the PC, television set-top box, mobile phone with plastic card insertion) with PIN code keying, they must be sure that this terminal and the acquiring bank are affiliated to the MasterCard network. For all other remote payments, the payment order is accompanied by the transmission of data related to the use of the Plastic Card.
The Cardholder who has a Plastic Card may use it in the MasterCard approved network (acceptance points are available on the Mastercard website) to pay for purchases of goods or services only from e-merchants or merchants and service providers who meet the definition of Authorised Third Parties and display their membership of the MasterCard network.
3.5. Particularities of the Virtual Card
The Virtual Card is a rechargeable Mastercard with immediate debit and systematic authorization.
It is the Cardholder's responsibility to ensure that the information on the Virtual Card is known only to themselves, never to leave this information within the reach of a third party, never to authorize anyone to use it and to keep the identification data of the Virtual Card for themselves.
The Cardholder who has a Virtual Card can use it in the MasterCard approved network (acceptance points are available on the Mastercard website) to pay remotely for purchases of goods or services only from e-merchants meeting the definition of Authorised Third Parties and displaying their membership in the MasterCard network.
Article 4. Card activation and accessibility
To obtain and use a Card, the Cardholder must have a Skipr account. For this purpose, the Cardholder must provide all the information requested on the Application. A Card will only be created by order of the Employer of the future Cardholder. The Banking Partner will send him, if necessary, the Plastic Card to either his home address or his employer’s address accompanied by a letter indicating the modalities of activation of it. The Plastic Card will only be given to the Cardholder by his Employer after having accepted the Skipr Card T&C.
To obtain and be able to use a Card, the Cardholder declares at the time of the creation of his Skipr account and during the entire duration of application of the Card T&C to:
- be at least 18 years old;
- have a smartphone compatible with the Application;
- reside in Belgium; and
- that all information provided at the time of registration is true, accurate and up to date and that the accuracy of such information will be maintained by amending the information provided if necessary.
The Cardholder undertakes to take note of and comply with the steps necessary to activate the Card.
Skipr and the Banking Partner may deny the activation of the Card for reasons related to suspicion of fraud, the inability to verify the future Cardholder identity, and/or as long as the activation procedure has not been fully and satisfactorily executed by the future Cardholder.
The Card is considered active by Skipr when:
- the Cardholder's Skipr account is validated after transmission of the required documents;
- either the Plastic Card has been given to the Cardholder's Employer by Skipr or the Virtual Card has been made visible to the Cardholder.
The Card and its settings are accessible via the Application. The Cardholder is responsible for its use and the modifications they make to it on the Application. For example, the Cardholder can modify on the Application:
- their PIN code;
- block and unblock the Card.
Article 5. Payment for the purchase of goods and services
5.1. Authorized Third Parties
Only payments for goods and services purchased from Authorized Third Parties can be paid with the Card. Card payments are made in accordance with the conditions and procedures in force at merchants affiliated to the MasterCard network, who may, in particular, request authorisation or control of the PIN code for the Plastic Card. Where the procedures involve the signature of the Cardholder of the invoice or ticket issued by the merchant, the verification of the conformity of this signature with the specimen on the Card is the responsibility of the merchant.
Payment transactions must be authorised in advance by the Banking Partner before being executed. The amount of the transactions and the related costs are paid by reimbursement of the Electronic Money available in the Cardholder's Card Balance and debited as soon as they are authorised by the Banking Partner.
All orders for the purchase of goods and services transmitted by the Cardholder via the Card must correspond to services actually rendered.
5.2. International payments
The payment order is deemed to have been received by the Banking Partner when it is
communicated to the clearing or settlement systems (valid within and outside the European Economic Area).
The exchange rate, if any, applicable to foreign currency transactions is that in force on the date on which the transaction is processed by the relevant global network. The conversion into euros is carried out by the global network centre on the day the transaction is processed by this centre and under the exchange conditions of the global MasterCard network. As the Card Balance cannot be overdrawn, no advance will be made. The Card Balance must therefore always be higher than the transactions and their associated costs.
5.3. Complaint of a payment order on the Card
Claims relating to the price of goods or services purchased are not admissible through the Banking Partner or Skipr. Only claims relating to a payment transaction are covered by this Article. The Banking Partner and Skipr remain foreign to any commercial dispute that may arise between the Cardholder and a merchant. The existence of such a dispute cannot in any way justify the Cardholder's refusal to honour Card payments.
The return of a good or service paid for by Card may only be the subject of a refund request from the merchant if there has previously been a Card transaction of an equal or greater amount. This refund can only be requested at the merchant's initiative. If an agreement is reached between the Cardholder and the merchant, the merchant may activate the payment terminal to initiate the Electronic Money refund transaction on the Card Balance related to the Card that was used for the initial purchase. No cash refund is possible in this case. Moreover, not all merchants have this option. The decision and the terms of repayment are theirs.
If a payment order is executed by the Banking Partner with errors due to a fault of the latter or of the banking partner of the merchant, the amount of Electronic Money deducted is returned and the Card Balance is restored to the situation it was in before the receipt of the payment order. Thereafter, the payment order is represented correctly.
The Cardholder who wishes to dispute a transaction not authorized by them must contact Skipr Customers service as soon as possible after becoming aware of the anomaly and no later than 13 months after registration of the transaction in the Application. After investigating the validity of the dispute, the Banking Partner will adjust the amount of Electronic Money appearing on the Card Balance accordingly.
In the event of loss or theft of the Plastic Card using the Card's security device, unauthorised transactions carried out before the notification of the opposition are the responsibility of the Cardholder. The Cardholder may block the use of their Card by contacting Skipr Customers service. However, neither the Banking Partner nor Skipr shall be held liable in the event of any fault on the part of the Cardholder, such as a deliberate or grossly negligence, breach of theirs obligations, a late transmission of the opposition or bad faith. In the event of loss or theft of the Card without use of the security device or in the event of misappropriation of the Card or its data or counterfeiting, losses resulting from transactions made before the
opposition by the Cardholder are borne by the Banking Partner, except in the event of fault as defined above. Operations carried out after the Cardholder's opposition are supported by the Banking Partner except in the event of fraud.
5.4. Operations report
Skipr makes available to the Cardholder, free of charge, a transaction statement accessible on the Application. The transaction record is updated after each payment transaction has been executed. However, the synchronization of certain operations depends on third-party merchants and suppliers, so that a delay of up to 24 hours is possible between the execution of the operation and its appearance in the transaction history on the Application.
The transaction statement shall summarise, in chronological order of presentation, the transactions debited or credited during the period in question, including the amount of the applicable fees.
Article 6. Blocking the Card
7.1. At the initiative of Skipr or the Banking Partner
The Banking Partner or Skipr may each block the use of the Card on their own initiative for reasons relating to its security, in the event of a presumption of unauthorised or fraudulent use, in the event of non-compliance with the present Card T&C or with the Skipr Terms and Conditions by the Cardholder and in the event of a significantly increased risk of the Cardholder being unable to fulfil his payment obligation. This decision shall be reasoned and notified to the Cardholder by any means. The latter undertakes to return the Card as soon as possible and to cease all use.
7.2. At the initiative of the Cardholder
The Card may also have been manually blocked by the Cardholder on the Application. As some uses may be activated and deactivated, it is the Cardholder's responsibility to ensure that his options are in accordance with his use.
Article 7. Objections, loss and theft
The Cardholder must inform Skipr of the loss or theft of his Plastic Card or the Card's personalised security device, of the misappropriation or any unauthorised use of the Card (or any risk thereof), such device or their data as soon as they become aware of it, in order to request their blocking. The Cardholder must inform Skipr of the misuse of the data of their Virtual Card. This declaration must be made to Skipr Customers service and CardStop's service.
Skipr cannot be held responsible for the consequences of an opposition by telephone or e-mail that does not emanate from the Cardholder. The request for opposition shall be deemed to have been made on the date on which the request is actually received by Skipr or any person authorised by it for this purpose. In the event of theft or fraudulent use of the Card, Skipr is entitled to request a receipt or a copy of the complaint from the Cardholder, who undertakes to reply as soon as possible.
If a Plastic Card whose loss or theft has been reported by the Cardholder is found, the Cardholder must destroy it and wait to receive a replacement Plastic Card before the expiry
of the valid Card. When declaring loss or theft, Skipr will inform the Cardholder of the costs related to the reissue of the Plastic Card.
Article 8. Responsibilities
The Banking Partner is not liable for a loss due to a technical failure of the system, if this is reported to the Cardholder.
The responsibility of the Banking Partner and Skipr cannot be invoked in the event of refusal to authorise a payment order in the absence of sufficient credit on the Card Balance.
In addition, the Banking Partner and Skipr cannot be held liable for any damage resulting directly or indirectly from a case of force majeure.
In the event of a dispute by the Cardholder of a transaction beyond the 13-month foreclosure period provided for in Article 5.3, the Banking Partner or Skipr may not be held liable.
Article 9. Duration and termination
The Card has a validity period whose expiry date is indicated on the Card itself. On the expiry date of the Card, it shall be automatically renewed on the medium, unless written notice of termination is sent by the Employer or the Cardholder one month before the expiry date or in the event of termination pursuant to this Article.
The Employer or the Cardholder may decide to cancel the Card at any time by contacting Skipr Customers service. The Cardholder will continue to have access to this option until the end of the Employer's monthly billing period with Skipr. To the fullest extent permitted by applicable law, payments are non-refundable and Skipr will not provide any refunds or credits for periods of partial use.
In the event of termination by the Cardholder or the Employer, Skipr remains unaffected by any generally ordinary consequences that may result from the termination in the relationship between the Cardholder and their Employer. The Cardholder shall give prior notice to their Employer of their intention to terminate a Card and shall agree with the Employer on additional specific terms and conditions for such termination.
Article 10. Various
11.1. Modification and invalidity of any provision
Any modification of the Card T&C is communicated to the Cardholder by email or via the Application.
The Cardholder may, at any time, access these Card T&C on the Application. It is the responsibility of the Cardholder to regularly consult them in order to be informed of any possible updates.
Any legal or regulatory modification having an effect on the execution of the Card T&C shall be implemented without it being necessary to formalize an amendment to it as of the effective date of this regulation.
If any of the non-substantial provisions of the Card T&C are found to be invalid, the other provisions shall nevertheless remain binding and the Card T&C shall be enforced.
The non-exercise by the Banking Partner or Skipr of a right provided for by the Card T&C does not constitute a waiver on their part of this right.
11.2. Professional secrecy and personal data
In accordance with the provisions of Article L. 526-35 of the Monetary and Financial Code, the Banking Partner is bound by professional secrecy. However, this secrecy may be lifted, in accordance with the legislation in force, by virtue of a legal or prudential obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as that of the criminal judge instituted by Article L. 562-4 of the Monetary and Financial Code or in the event of a judicial requisition notified to the Banking Partner.
Notwithstanding the foregoing, the Cardholder may exempt the Banking Partner from professional secrecy by indicating in writing the third parties authorised to receive confidential information concerning them.
11.3. Duty of vigilance
In accordance with the provisions applicable to the fight against money laundering and terrorist financing, Skipr may and/or must obtain information on the origin, purpose and destination of card payment transactions. The Cardholder undertakes to do everything possible to allow Skipr to carry out a thorough examination of the transaction, to inform it of any exceptional transactions in relation to the transactions usually recorded with its Card and to provide it with any required documents or information.
It acknowledges that Skipr may have to set up surveillance systems to combat money laundering and terrorist financing.
The Cardholder acknowledges that Skipr may terminate or postpone the activation of the Card, access to the Card Balance or the execution of a payment transaction at any time, if there is insufficient information on its purpose or nature.
11.4. Applicable law and jurisdiction
The Card T&C are governed by Belgian law.
In the event of a dispute between the Cardholder and the Banking Partner, an amicable solution will be sought. In the absence of an amicable agreement between the Parties, any dispute will be submitted to the exclusive jurisdiction of the courts of Brussels.
Article 11. Questions
The Cardholder is invited to take contact with Skipr Customers service for any question relating to the Card or its use.