Terms account

General Terms and Conditions Gaiyo Version 16 juni 2022 Innovactory International B.V. (hereinafter: “Innovactory International“, the “Company” or “Gaiyo“) operates the Gaiyo app, a mobile application which (summarised) allows registered customers to plan transportation and purchase mobility services from affiliated mobility partners when these mobility services are available and/or fit within the concluded subscription. Innovactory International hereby makes use of these General Terms and Conditions (hereinafter: “General Terms and Conditions” or “GTC“). By creating an Account and/or using the Gaiyo app, you agree to the applicability of these Terms and Conditions. Innovactory International is located on Bolderweg 2, 1332 AT Almere and is registered with the Chamber of Commerce under number 57152020 (phone: 085 2500595, email: support@gaiyo.com). PART I: GENERAL SECTION Article 1. Concepts The terms defined below are written in these General Terms and Conditions with a capital letter and have the following meanings in these General Terms and Conditions. Account: Customer’s Account within the Gaiyo app, which Customer can access using their login details (email address/username and password registered with Gaiyo). With the Account, Gaiyo makes it possible to book, reserve and pay at the various affiliated Mobility Providers. General Terms and Conditions or GTC: These General Terms and Conditions and any amendments and/or supplements to these General Terms and Conditions. Contract: Any agreement made between Gaiyo and the Customer whereby the Customer may use the Gaiyo app. In any case, the Contract is created by creating an Account and accepting the Terms and Conditions in the process. Fraud: Manipulation as well as any act or omission aimed at manipulating Gaiyo and/or spending the Travel Credit differently. Gaiyo: Innovactory International B.V. Gaiyo app: The app Gaiyo, for which Innovactory International is the copyright holder, and which is available for download from app stores; Google (Google Play) and Apple (App Store), also refer to www.gaiyo.com. Use: The use of the Gaiyo app, including making a Reservation and actually using a mobility service. Innovactory International: Innovactory International B.V. Card: An OV-chipcard issued to a Customer as part of the Gaiyo app. The OV-chipcard is issued by Trans Link Systems B.V. Trans Link Systems B.V., will enter into a user agreement with you when you receive the OV-chipcard. This user agreement is subject to the general terms and conditions (for the use of the) OV-chipcard of the aforementioned issuer. Customer: A natural person, entity or corporation (the latter two hereinafter collectively referred to as “Corporate Customers”) who has successfully and duly registered with Gaiyo, and has entered into a valid Contract with Gaiyo. Mobility Providers: Providers of mobility or facilities thereof, such as shared bikes, shared cars, public transport, parking etc., with whom the Gaiyo has entered into an agreement to offer mobility services via the Gaiyo app. The currently affiliated Mobility Providers are further specified in these Terms and Conditions. The Mobility Providers may change and a current list can be viewed at www.gaiyo.com, or requested from Gaiyo. Company: Innovactory International B.V. Force Majeure: A circumstance that cannot be attributed to fault, and/or for which the Company cannot be held accountable by virtue of the law, a legal action or generally accepted practice. In addition to what is understood in this respect in the law and in case law, Force Majeure shall in any case, but not exclusively, include: strikes at the Company, government measures, extreme (weather) conditions, pandemic and/or epidemic (including the Corona/COVID-19 outbreak). Pilot: A specified trial, usually in a specific area and for a number of specified participants. Privacy Policy: Gaiyo’s privacy policy for the Gaiyo app. For more information about privacy and the privacy policy, please refer to the Privacy Policy which can be found on the website: http://www.gaiyo.com/privacybeleid-account/. Reservation: A reservation, a booking and/or rental of a mobility through a Mobility Provider, by using the Gaiyo app. Fees: The fee or fees payable for the Use. Service Centre: The helpdesk of the Gaiyo app, where questions, complaints and/or comments can be submitted. The Service Centre can be reached by email at support@gaiyo.com, and by phone on 085 2500595. Website: http://www.gaiyo.com. Article 2. Applicability and amendments
  • These General Terms and Conditions apply to all offers by Gaiyo, to every Contract and to all legal relations (by whatever name) between Gaiyo and the Customer.
  • Gaiyo reserves the right to make changes to the Terms and Conditions and the schedule of fees for use with the Mobility Providers. Any changes will be communicated to the Customer as soon as possible by means of an email notification, announcement on the Website and/or via the Gaiyo app. The most up-to-date Terms and Conditions are always available for consultation on the Website. By continuing to use the Gaiyo App, Customer agrees to the change. If Customer objects to the change, Customer may terminate the Contract immediately, which will mean that the Gaiyo App can no longer be used.
  • These General Conditions consist of a “GENERAL SECTION” and “SPECIAL SECTIONS”. The SPECIAL SECTIONS apply in addition to the “GENERAL SECTION”, if and to the extent that it is stipulated that one or more SPECIAL SECTION(S) apply. If and to the extent that there is a conflict between the GENERAL SECTION and a SPECIAL SECTION, the provisions of the SPECIAL SECTION shall prevail over the GENERAL SECTION. More than one SPECIAL SECTION may apply at the same time.
  • The original General Terms and Conditions have been drawn up in the Dutch language. In the event of a translation of the General Terms and Conditions into another language, the Dutch text shall be binding.
Article 3. The Gaiyo app
  • The Gaiyo app serves as a means of access for reserving and renting services through affiliated Mobility Providers, as far as technically possible.
  • The means of access for Mobility Providers (and their shared transport) is the Gaiyo app, which requires login to access the Account.
  • In order to use the Gaiyo app, Customer must have a mobile phone that meets the technical requirements for the Gaiyo app. The mobile phone will automatically be checked to ensure it meets the necessary requirements when the app is downloaded. Gaiyo does not guarantee compatibility. Customer is responsible for mobile data communication capability. Customer is responsible for any mobile data costs incurred through the use of the Gaiyo app.
Article 4. Registration and Account
  1. In order to use the Gaiyo app, an Account has to be created in the manner provided for in the Gaiyo app and in these Terms and Conditions. During the registration process, the Customer will create a username and password which will give them access to their Gaiyo account.
  2. The Customer must keep their login details strictly confidential and personal. Gaiyo assumes that everything that happens on or with the Customer’s Account is done by the Customer or under the Customer’s supervision and/or responsibility. The Customer will never sell, transfer, lend or otherwise let third parties use their Account, username or other account-related rights.
  3. To the extent possible under mandatory law, the Customer shall be liable for any damage caused by the loss of the means of access, in particular if it has enabled theft, damage or misuse of Mobility Providers.
  4. If a Customer thinks or knows that their Account is being abused, the Customer must report this immediately. The Customer is further obligated to immediately report any irregularities concerning the Account and/or the Gaiyo app. Reporting should be done through the Service Centre.
  5. The Customer must always have a bank account (payment account) with a bank established in the Netherlands, which bank account will, among other things, enable direct debit. Gaiyo may demand that the presence of such a bank account be verified by a digital verification process to be determined by Gaiyo.
  6. The Customer declares that all information provided or to be provided when creating an Account is true, accurate, complete and current.
  7. The Customer themselves will take care of updating the account data in order to keep it correct and accurate. The Customer will ensure that a functioning and personal telephone number is always registered in the Account in order to be contactable by Gaiyo (e.g., in case of a reservation).
  8. Some Mobility Providers require a driving licence for which Gaiyo will do a validation. For these services the following applies:
    1. At least 18 years of age and holder of a driving licence for at least one (1) year
    2. A valid driving licence for driving a passenger car (B) or a moped (AM);
    3. Carry their valid driving licence at all times during use/rental and comply with any conditions and restrictions contained therein.
    4. For some services, there is a minimum age of 21.
  9. To activate the Account, a Customer, who is a natural person, must identify themselves by driving licence or appropriate identification documents via a digital authentication process to be determined by Gaiyo.
  10. Gaiyo reserves the right to refuse a registration for any reason.
  11. Gaiyo decides whether an Account will be provided.
  12. It is not permitted to register more than once or create more than one Account.
  13. Gaiyo reserves the right to modify or terminate Customer’s access to Gaiyo for any reason, without prior notice, at any time and without liability to Customer.
  14. Gaiyo reserves the right to terminate a Contract for any reason at any time without liability to the Customer.
Article 5. Application and use of the Card
  1. A Customer can apply for a Gaiyo OV Card in the Gaiyo app as soon as they are eligible for it. Gaiyo may impose additional terms and conditions in this regard.
  2. The Card is on loan and must be returned to Gaiyo immediately at the end of the Contract in the manner prescribed by Gaiyo.
  3. The Card is provided with a clear description of how it can be activated.
  4. A replacement Card can be requested. The Customer will pay €18.15 per replacement Card as administration fee.
  5. Upon activation of the Card, the Customer accepts the relevant terms and conditions and the relevant privacy statement for use of this Card;
  6. After correct application, the Card is automatically sent to the Customer’s registered address.
  7. The costs of travelling on balance with the Card are fully for the account of the Customer;

Article 6. Mobility Providers

  1. In order to execute a Reservation and/or a mobility service, Gaiyo uses the (mobility) services of Mobility Providers. Many of these Mobility Providers have their own (terms and conditions) and the terms and conditions of the respective Mobility Providers apply additionally to the Use of the respective mobility service. At this moment, the following Mobility Providers are connected with additional terms and conditions, whereby for each Mobility Provider a link is included to its terms and conditions (where the terms and conditions can be viewed and downloaded):
By accepting these General Terms and Conditions, the Customer agrees to them. The terms and conditions of the Mobility Providers will furthermore come into effect and be (indirectly) accepted by the Customer as soon as there is a Reservation or Use of the Mobility Service in question. The Participant may still need to create an account with the Mobility Provider himself, whether via the Gaiyo app or not, where the terms and conditions of the Mobility Provider concerned still need to be explicitly accepted before using the mobility service offered by that Mobility Provider;
  1. Gaiyo may add Mobility Providers at any time. The moment this Mobility Provider is used by the Customer, the Customer immediately accepts the then applicable condition of the Mobility Provider.
  2. By using the Gaiyo app, the Client can place a Reservation at a connected Mobility Provider. Gaiyo will ensure that your Reservation is registered with the Mobility Provider selected by the Customer. It may be that some Mobility Providers only allow a Reservation to be placed via the official Mobility Provider app. Gaiyo will then make the Reservation possible via a so-called ‘deeplink’.
  3. Once the Customer’s Reservation has been successfully completed, an agreement will be concluded between the Customer and the Mobility Provider for the use of the mobility offered.
  4. Gaiyo 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.
  5. Availability of services at the Mobility Providers lies with the respective Mobility Providers, Gaiyo has no influence on this. Gaiyo is not liable if a service is not available.
  6. A Reservation made through Gaiyo with a Mobility Provider is binding on the Customer and a charge may be made for it.
  7. The Client expressly accepts that Gaiyo is in no way responsible or liable for any third party services or functions.
  8. If and insofar as there is a Reservation for a Public Transport E-ticket, the provisions of the ‘SPECIAL PART (II A): Public Transport E-ticket Conditions’ apply in addition to the provisions of the General section.
  9. The use of mobility for transport services as referred to in the Passenger Transport Act 2000 and the use of mobility to carry out a delivery or transport service is not permitted.

Article 7. Fees

  1. All amounts, fees and rates mentioned are inclusive of VAT, unless otherwise stated.
  2. The Fee will be collected by direct debit immediately after Use or periodically, at a frequency to be determined by Gaiyo. It is the Customer’s responsibility to ensure that there is a sufficient balance on the bank account specified by him.
  3. If the direct debit referred to in this article is cancelled or no debit can take place, the Client will be in default, without a notice of default being required.
  4. In that case, the Customer shall owe statutory interest. The interest on the amount due and payable shall be calculated from the moment the Customer is in default until the moment of payment of the full amount.
  5. Without express permission, the Customer will not be allowed to set off his payment obligation to Gaiyo against a claim from the Customer on whatever account, or to suspend his payment obligation to Gaiyo.
  6. If the Customer is in default or omission in the fulfilment of his obligations, then all reasonable costs to obtain satisfaction in and out of court will be at the expense of the Customer. In any case, the Customer shall owe extrajudicial collection costs in the event of a monetary claim (calculated in accordance with the Decree on compensation for extrajudicial collection costs, or at least the successor to that regulation).
  7. Any actual judicial and execution costs incurred, as well as any other costs reasonably necessary, will also be borne by the Customer, in addition to any fees already provided for by law.
  8. If Gaiyo is unable to collect the Fees, Gaiyo is entitled to suspend the Account of the Customer concerned until payment has been made. The Gaiyo App will display the applicable rates. After use, the Fee will be determined by Gaiyo (or the relevant Mobility Provider(s)) based on the applicable rates and the Use. The price/(expected) reimbursement shown in the Gaiyo app prior to a Reservation may differ from the actual Reimbursement (due to usage, duration, etc.); the price shown in Gaiyo is indicative. The established Fee after Use is binding. If Customer objects to the determined Fee and/or its calculation, Customer has to inform the Service Centre within 72 hours after use.

Article 8. Pilot(s)

The Company runs an additional Pilot in some areas of the Netherlands. Additional terms and conditions apply to each Pilot and if the Customer satisfies them, the Customer can take advantage of the benefits offered by the Pilot. By accepting the General Terms and Conditions, an agreement to participate in the Pilot is created between the Company and the Customer, the Customer is referred to as “Participant“. In this case, in addition to the General Section, the provisions of the Special Section (II B): Pilots apply.

Article 9. Customer liability, fines, (exclusion of) use

  1. As far as permitted by mandatory (consumer) law, Gaiyo shall not be liable to the Customer unless there is intent or conscious recklessness on the part of (managers of) Gaiyo.
  2. The Customer is liable to Gaiyo for damages which 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 via Gaiyo.
  3. In the event of an accident caused by the Customer’s own fault, the Customer’s liability shall also extend to incidental damages such as expert fees, towing costs, depreciation, loss of rental income, reduction in insurance premium rate and administrative costs.
  4. The Customer is responsible for following the rules and restriction per Mobility Providers.
  5. The Customer cannot purchase material from Mobility Providers, such as bicycles, scooters, cars, etc. These purchases are not covered by Gaiyo’s Contract, and any obligation to make payments will be rejected by Gaiyo at all times.
  6. The Client agrees that any claim arising out of the relationship with Gaiyo must be made within one year of the claim arising. Otherwise, Customer’s claim against Gaiyo will be forfeited and time-barred.
  7. The Client shall use an offered mobility through the Mobility Providers according to decency and shall observe the applicable traffic and parking rules. The Client shall handle the rented vehicle with care and shall behave as a responsible road user.
  8. In the case of a Reservation for a specific period of time, the Customer is obliged to return the rented object within this period of time.
  9. In case of loss, theft or damage to the Vehicle, the Customer has to contact the Gaiyo service centre as soon as possible. In case of theft, the Customer is obliged to report the theft to the police and to share a copy of the report with the Service Centre.
  10. The Client is obliged to visually inspect the rented vehicle before use and to report any defects to the customer service of the respective Mobility Providers and the Service Centre.
  11. Customer is obligated to immediately report any damage to the Vehicle, whether it occurs before, during or after use and whether it is caused by Customer or not, to the customer service department of the respective Mobility Providers and the Service Centre.
  12. The Client is liable to Gaiyo for the consequences of fines and/or damages booked through the Gaiyo account. The Client will pay all resulting fines and costs and will fully indemnify Gaiyo against any third party claims. For the processing of traffic violations (warnings, charges, fines, etc.), the Client will have to pay a processing fee of €19.95 to Gaiyo for each incident.

Article 10. Termination of Contract

  1. The Client is entitled to terminate the contract with Gaiyo in writing without being liable for any compensation and without prejudice to the Client’s other statutory and contractual rights. With immediate effect, the Client will no longer be able to use the Gaiyo app. Also, any account with Mobility Providers created via the Gaiyo app can no longer be used. Outstanding claims, such as previously completed trips and fines, will be settled by the Company with the Customer.
  2. Gaiyo has the right, without being liable to pay any compensation and without prejudice to Gaiyo’s other rights under the law or these General Terms and Conditions, to cancel the Contract with immediate effect if (not exhaustive)
    1. The Client does not or no longer fulfils its payment obligations;
    2. the Client fails to fulfil or properly fulfil any obligation arising from the Contract or these Terms and Conditions and such failure is not remedied within a reasonable period of time after Gaiyo has given notice of default to the Client, unless fulfilment is permanently impossible due to the nature of the failure. In that case, a notice of default is not necessary;
    3. the Customer is guilty of Fraud or there is a well-founded suspicion of such;
    4. Force majeure occurs on the part of Gaiyo;
    5. Gaiyo decides to stop using the Gaiyo app; and/or
    6. Client dies, is declared bankrupt, is granted a (provisional) moratorium and/or the legal debt repayment arrangement (WSNP) is declared applicable (or an event occurs with regard to Client with similar consequences or a similar scope).

Article 11. Applicable law

Dutch law exclusively governs the Contract, these Terms and Conditions and every legal relationship between Gaiyo and the Client;

Article 12. Correspondence, complaints and disputes

  1. All written communication from Customers towards Gaiyo in relation to the Contract should be sent by e-mail to the Service Centre (support@gaiyo.com).
  2. Complaints/complaints about Gaiyo or the Gaiyo app can be reported to the Service Centre;
  3. If a dispute arises between Gaiyo and the Customer, the parties will first attempt to resolve their dispute amicably. All disputes resulting 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 District Court), except insofar as mandatory rules of jurisdiction would prevent this choice.

Article 13. Other provisions

  1. If any provision of these Terms and Conditions is invalid or is voided, the remaining provisions will remain in full force and effect and the invalid or voided provision(s) of these Terms and Conditions will be replaced by a valid provision or provisions that will, as far as possible, reflect the purpose and intent of the invalid or voided provision(s).
  2. Customer is bound by the licence of the Gaiyo app in relation to its use. If any provision of this licence conflicts with the provisions of this Contract, the provision of the Contract shall prevail.
  3. It is prohibited to read, copy or tamper with the (access to the) Gaiyo app by IT methods. Any such breach or attempted breach will result in the exclusion of the Gaiyo app in the first place and all costs of the breach and any resulting damages will be borne by the Client.
  4. All rights, including intellectual or industrial property rights, relating to the Gaiyo App and the Website belong solely to Innovactory International. The Client will respect these rights. These Terms and Conditions and the Agreement are expressly not intended to transfer any rights of Innovactory International.
  5. The company may, with the cooperation of the customer, transfer its rights and obligations under the Agreement to a third party (contract transfer). The Customer grants permission/co-operation for this in advance. The contract transfer comes into effect at the moment the Customer is notified thereof. If this notification specifies a later date, then this later date shall apply as the date on which the contract transfer comes into effect.

PART II A: SPECIAL PART – Public transport (train) E-ticket Conditions

  1. If a Customer books an OV ticket (from now “E-ticket”) through Gaiyo, then these OV E-ticket terms and conditions will apply to the use of this ticket.
    1. The OV E-ticket (henceforth “E-ticket”) obtained through Gaiyo is a valid ticket only if all of the following conditions are met:
    2. The E-ticket is only a valid ticket for transportation by train via the route, on the date and in the class specified on the E-ticket.
    3. An E-ticket one-way ticket can be used once. An E-ticket day return can be used once for the outward journey and once for the return journey.
    4. The E-ticket is only a valid ticket with the carriers listed on the E-ticket, unless the E-ticket specifically states “free of charge”.
    5. The E-ticket is only a valid ticket if it is checked in at a gate or post with a 2D barcode reader.
    6. The E-ticket Dal is only a valid ticket during the off-peak hours indicated on the ticket. Outside these off-peak hours, the E-Ticket Dal is not a valid ticket. This means that both the start and end of the journey must be within these off-peak hours.
    7. The E-ticket must – in accordance with the instructions at the time of purchase – be printed or loaded into an app on a cell phone or tablet.
    8. The E-ticket is personal and non-transferable. At checkpoints, all Passengers 12 years and older must show a valid photo ID (passport, identity card or driver’s license). The name on the identity document must match the name on the E-ticket.
    9. The E-ticket is valid only for the selected route, period and class indicated on the E-ticket.
    10. The E-ticket must be kept until beyond the exit of the destination station.
    11. The E-ticket is only a valid ticket if it is clearly legible printed, or can be displayed on the cell phone or tablet. The latter requires sufficient screen size and quality. E-tickets that are poorly displayed, illegible or edited may be rejected and considered invalid.
    12. If the E-ticket cannot be displayed correctly during a check, for example due to malfunctions of the phone, tablet or because they are not charged, it is not a valid ticket.
    13. An E-ticket must have been purchased before the start of the journey.
    14. An E-ticket purchased after the start of the journey is not a valid ticket.
    15. For travel in the Intercity direct between Rotterdam Central and Schiphol Airport an Intercity direct supplement is required. This can be purchased from the NS ticket machine.
    16. For travel on the domestic route of ICE International, an ICE International supplement is required. This can be purchased from the NS ticket machine. For travel on the domestic route of Intercity Brussels, an Intercity Direct supplement is required if the IC Brussels travels on the HSL (Hogesnelheidslijn) between Schiphol Airport and Rotterdam Central. This is indicated on the departure boards on the platforms.
    17. E-tickets are not valid on Thalys and Eurostar trains. An international ticket is required for these trains.
    18. An E-ticket is not valid for transporting a dog or bicycle. For this purpose the Dagkaart hond and Fietskaart dal are available as separate tickets from the NS ticket machines.
    19. Each passenger needs his/her own E-ticket. One E-ticket cannot be used by more than one person at a time.
  2. Furthermore, train operators are entitled to refuse to accept the E-tickets as a valid ticket in case of misuse or improper use.
  3. An E-ticket does not entitle the holder to a seat.
  4. These conditions apply in addition to the General Transport Conditions of the rail operator that provides the transport, as stated in the Mobility Providers section under City and Regional Transport.
Last update of this special section 17 June 2022. PART II B: SPECIAL SECTION Pilots The Company is operating an additional Pilot in some areas of the Netherlands. Additional terms and conditions apply to each Pilot, and if the Customer complies, the Customer can make use of the extras offered by this Pilot.

Blij dat ik deel Utrecht

This action is intended to introduce Utrecht residents to shared mobility. The following conditions apply when registering for this trial:
  • You have to live in Utrecht;
  • You may not have a Gaiyo account older than 7 days;
  • You have to be new with shared transport, and not yet experienced with it;
  • You can apply between 1 May 2022 and 31 July 2022;
  • A maximum of 2,000 participants can apply, after which the application closes.
After creating a full account, participants who meet the above conditions will receive a €40 travel credit to spend on shared mobility in Gaiyo. The travel credit is valid for a maximum of 3 months. This action is made possible on behalf of the municipality of Utrecht, Innovactory (Gaiyo) and the share providers in Utrecht. They work according to the legal guidelines for privacy and (personal) data administration.

Student pilot Utrecht

This pilot is intended to find out more about how students in MBO, HBO and WO use partial mobility. During the registration of this pilot, the following conditions have been accepted:
  • You have to study at a recognised mbo, hbo or WO programme in Utrecht;
  • You must have a student travel product (OV jaarkaart);
  • You must have at least 6 months of study left at the time of registration for this pilot.
At the start, participants receive €40 travel credit for 6 months, to spend on shared mobility in Gaiyo. In return for the trial credit, participants will complete three questionnaires (at the start, halfway through and at the end). The answers provided and data obtained will be used for analysis. If the questionnaires are not completed in time and completely, Goedopweg may exclude participants from the pilot and stop their participation immediately. Goedopweg and Innovactory (Gaiyo) work according to the legal guidelines for privacy and (personal) data administration.

Leidsche Rijn Pilot additional terms and conditions

The Pilot has a start date of mid-September 2020 and ends by operation of law on June 30, 2022. The Company may change the duration of the Pilot. If this is the case, the Participant will be informed as soon as possible; The aim of the Pilot: To gain insight into the conditions under which residents of a VINEX expansion location such as Leidsche Rijn are prepared to make use of the transport services offered in Gaiyo by the Mobility Providers:
  • requirements and wishes of the Participants with regard to what is offered, as well as;
  • preconditions that the government must fulfil to make the introduction of Mobility as a Service (MaaS) successful.
Insight into the effect of the offered MaaS: to what extent will the MaaS offer lead to (sustainable, future-proof) changes in the mobility behaviour of Leidsche Rijn residents that are in line with Utrecht policy objectives? This will provide insight into the extent to which MaaS can be deployed to achieve social objectives, including behavioural change for the benefit of public objectives. The following effects are specifically examined:
  • what proportion of a transport movement from A to B is accounted for by the various means of transport;
  • the number of car movements during peak hours on the slip roads and exits of the A2 and A12, the connecting roads between the inner city and Leidsche Rijn, because residents travel at a different time or by a different mode of transport;
  • the proportion of (second) car ownership in Leidsche Rijn and the proportion of car users, as well as the related spatial implications. Insight into the extent to which the Company, with consumers as Participants, can realise a future-proof business case.

Additional Terms

  • Participant: The natural person who is a Customer of Gaiyo and as such meets the Criteria for Participation in the Leidsche Rijn Pilot by the Company, thus a Gaiyo Customer also becomes a participant in the Pilot.
  • Active Use: Active Use is understood to mean a Participant living in Leidsche Rijn and meeting the Criteria for participation. This participant uses several MaaS functionalities of the MaaS Service for three consecutive months on at least six different days during the Pilot period and after participation has started.
  • Target Groups: A group of potential Participants with a travel behaviour that is similar and in line with the purpose of the Pilot as described above.
  • Surveys: Feedback in the form of anonymised data resulting from surveys that a Customer completes.
  • Leidsche Rijn: The postal code areas as described in the section ‘Criteria for participation in the Leidsche Rijn Pilot project’. This is roughly the territory of the municipality of Utrecht, west of the A2 motorway, including some areas east of this road, such as the Papendorp business park.
  • MaaS: (Mobility as a Service): The provision of mobility services, whereby tailor-made travel options are offered to the Customer via Gaiyo with real-time information, including payment and transaction handling if applicable.
  • MaaS Functionality: MaaS functionality means that a Customer uses the Gaiyo app (has registered with an account and payment details) and uses the following functionalities: Customise personal aspects and preferences in the Gaiyo app; Plan a trip in the Gaiyo app, book or reserve a trip with one of the connected Mobility Providers; Make a trip with a means of transport from one of the connected Mobility Providers or use a private car to follow the advice. Paying for the trip with the Gaiyo Account and using the received Travel Credit if applicable.
  • Pilot: The trial for MaaS with a selected number of Participants from Leidsche Rijn.
  • Staff: Persons working for or on behalf of the Pilot and/or Company.
  • Travel Credit: The credit that a Participant receives as a value for travelling with affiliated Mobility Providers, which gives a Participant an extra incentive to participate in this trial and contributes to the achievement of the objectives.
  • Pilot Website: https://www.gaiyo.com/leidsche-rijn;
 

Pilot

  • Duration of the Pilot: The Pilot is scheduled to start in mid-September 2020, and to end automatically in June 30, 2022.
  • Objective of the Pilot: To gain insight into the conditions under which residents of a VINEX expansion location such as Leidsche Rijn are prepared to make use of the transport services offered in Gaiyo by the Mobility Providers:
    • Requirements and wishes of the Participants with regard to what is offered, as well as
    • Preconditions that the government must fulfil to make the introduction of MaaS successful.
    • Insight into the effect of the offered MaaS: to what extent will the MaaS offer lead to (sustainable, future-proof) changes in the mobility behaviour of Leidsche Rijn residents that are in line with Utrecht policy objectives? This will provide insight into the extent to which MaaS can be deployed to achieve social objectives, including behavioural change for the benefit of public objectives. The following effects are specifically examined:
    • What proportion of a transport movement from A to B does the various means of transport make?
    • The number of car movements during peak hours on the slip roads and exits of the A2 and A12, the connecting roads between the inner city and Leidsche Rijn, because residents travel at a different time or by a different mode of transport;
    • The proportion of (second) car ownership in Leidsche Rijn and the proportion of car users, as well as the related spatial implications. Insight into the extent to which the Company, with consumers as Participants, can realise a future-proof business case.
  • Purpose of the Agreement: The purpose of the Agreement is to conclude an agreement for participation in the Pilot.
  • Duration of the Agreement: The Agreement between the Participant and the Company runs until the end date of the Pilot and then ends automatically by operation of law.
  • Scope/Applicability: This Special Section applies to the Pilot only.
  • Location: These General Terms and Conditions have been placed on the Pilot Website and can be consulted there.
  • Criteria for participation Leidsche Rijn Pilot The Pilot defines criteria for participation. These criteria are that the Pilot participant:
    • Must have an iPhone (iOS 11.1 or higher) or Android (5.0 or higher) smartphone for which Gaiyo is available from the Apple App Store or Google Playstore;
    • Download and activate the Gaiyo app;
    • Has correctly completed the registration process and accepted these Terms and Conditions;
    • Provided an existing and personal email address and telephone number for correspondence and contact;
    • You are at least 18 years old and thus entitled to accept these Terms and Conditions;
    • The residential address of the Participant must correspond to the address of registration;
    • Living in a postal code area with beginning of letter(s):
    • 3451 A,B,C,D,E,G,H,J,K,L,P,R,S,T,V,W, X, Z
    • 3452 A,B,C,D,E,J,K,L,M,N,R,S
    • 3453 H,J,K,L,M,N,P,R,S,T,V
    • 3454 A,B,C,D,E,G,H,J,K,L,M,N,P,R,S,T,V,W,X
    • 3455 R,S
    • 3481 Z
    • 3528 A,B
    • 3541 A,B,C,D,E,R,S,T,V
    • 3543 A,B,C,D,E,G,H,J,K
    • 3544 A,B,C,D,E,H,J,K,L,M,NP,R,S,T,V,W,X,Z
    • 3545 D,E,N
    • 3546 P
  • Participant selection and application: Participants who fulfil the Eligibility Criteria are eligible to take part in the Pilot. In case of excessive registrations, the Company is entitled to select and admit the most suitable potential participants to the Pilot. The Company reserves the right to reject applications for participation without giving any reason or to put them on a waiting list.
  • Conclusion of Agreement: The offer of the Pilot to conclude an Agreement is always made subject to final acceptance by the Company and as such is to be regarded as a conditional offer. The Company shall validate the data provided by the Participant and, in case of doubt, may request the Participant to provide additional information. The Company is at all times entitled to refuse an application (retrospectively) (for example if it does not meet set criteria for participation). The Company will inform the applicant of a refusal as soon as possible by email.
  • Acceptance terms and condition Mobility Providers: By entering into the Agreement, the Participant also indirectly accepts the terms and conditions of the currently connected Mobility Providers.
  • Permission to retrieve travel data: Participant gives the Company explicit permission to request the usage and transactions from the Mobility Provider where the Travel Credit is used. This data is used in a consumption overview for the Participant, as well as being used to improve the Pilot; The Participant also agrees to the access that the participating authorities have to this (anonymised) travel data, within the framework of the GDPR. The purpose of this is to take effective measures to achieve the public objectives of the Pilot.
  • Participation/Account creation Gaiyo if you do not meet the above conditions: You can also use Gaiyo and/or create an Account with Gaiyo if you do not meet the above conditions. However, you will not receive the benefits/trial offers that belong to the Pilot Leidsche Rijn.
  • The Participant receives a value in the form of Travel Credit to achieve the Pilot Objective. This Travel Credit can be redeemed at the connected Mobility Providers.
  • The period of use of the Travel Credit starts when the Participant has created an Account and completed the application and the Agreement is definitive. The amount of Travel Credit can vary.
  • The Travel Credit can never be exchanged for money and/or other products other than those intended in the Pilot.
  • Should the Participant consume more Travel Credit than the Company has made available for this Pilot, the Participant must reimburse this themselves.
  • The Company may freeze the Travel Credit at any time, if it sees fit to do so.
  • Travel Credit can only be used with affiliated Mobility Providers.
  • Any travel credit that has not been used by the end of the term will expire immediately.
  • No monetary claim can be made on Travel Credit.
  • The costs incurred for the use of services of Mobility Providers that are not included in the participant’s Travel Credit shall be borne entirely by the participant.
  • With Active Use, the Company makes more Travel Credit available, including for example a trial offer for a shared car to be determined by the Company.
  • Checking Fraud – The Company reserves the right to check the data provided by the Participant as part of the fight against Fraud. The suspicion of Fraud is a reason to terminate the Agreement with immediate effect in accordance with the provisions of these General Terms and Conditions. All Travelling credits will lapse in the event of Fraud. In the event that the Company has already paid out Travel Credit to the Participant, the Participant is obliged to repay this Travel Credit to the Company. If the Company establishes that the Participant has committed Fraud in any way, the Participant shall forfeit in favour of the Company an immediately payable fine, which is not subject to moderation, equal to the amount of the Travel Credit that was wrongfully used, with a minimum of € 50 (fifty euros) for each act of fraud, without prejudice to the Company’s right to recover from the Participant the damage actually suffered by the Company and/or related Mobility Providers.
  • Obligations of the Participant: The Participant must behave as a good holder of the provided Gaiyo app and use it only in the manner and for the purpose agreed with the Pilot. The Participant must act in line with the purpose of the Pilot. The Participant, by accepting these General Terms and Conditions, expressly grants permission to the Company to register the use of different Mobility Providers with respect to travel movements and to process this data for determining the use of the Travel Credit as well as to use this data for the implementation and improvement of the Pilot/continuing development of the Gaiyo app. The Participant is required to provide further information in the form of surveys during the Pilot’s term. The surveys will be offered via email. In the event of a (temporary) change in the personal situation of a Participant which has consequences for the participation in the Pilot, as referred to in criteria mentioned in Article 3.1 or stay abroad, the Participant is required to immediately inform the Company. With such a change in the situation, the Company will reassess whether the Participant meets the participation criteria for the Pilot. If during the participation in the Pilot, the residential location changes, the Participant should also update this change in the Gaiyo app within five working days. Once the location has changed, the Company will check if the Participant still meets the participation criteria of the Pilot. If it appears that the Participant still meets them, participation in the Pilot will continue. If it appears that the Participant no longer meets the participation criteria of the Pilot, participation in the Pilot will be terminated. The Participant loses the outstanding Travel Credit but does not have to repay the used Travel Credit. The Participant is required to report any known faults with the use of the Gaiyo app to the Company in order to be able to use the Travel Credit. The Gaiyo app and the Travel Credit are intended for strictly personal use and are non-transferable. The Participant must not allow third parties to use the Travel Credit. If the smartphone containing the Gaiyo app is used by anyone other than the Participant without the permission of the Company, this will be seen as fraud;
  • The Company’s obligations: The Company aims to resolve any problems as soon as possible, preferably before they are addressed;
  • Force majeure: The Company is not bound to fulfil any obligation under the Agreement if it is prevented from doing so as a result of Force majeure. The Company may suspend its obligations under the Contract for the period that the Force Majeure Event continues. If the Company has not fulfilled its obligations under the Agreement for longer than the Pilot term due to Force Majeure, the Company shall be entitled to terminate the Agreement without the obligation to pay any damages to the other party, by the end of the Pilot term;
  • Liability of the Participant towards the Company: The Participant is liable and shall fully indemnify the Company for all damage the Company suffers and/or claims of third parties, arising as a result of a. any failure of the Participant to fulfil their obligations under the Agreement, the General Terms and Conditions belonging thereto and/or b. any unlawful act of the Participant. The Participant also indemnifies the Company for all judicial, extrajudicial and other costs (including costs for legal assistance) related to the failure or wrongful act of the Participant, or circumstances of the case which have to be at the expense and risk of the Participant.
  • Liability of Participant towards Third Parties: The Participant is liable towards Third Parties for damage resulting from the breach by the Participant of the terms and conditions of the Agreements and the General Terms and Conditions applicable thereto. The Participant shall indemnify the Company and/or the Pilot for claims in this respect.
  • Liability of the Company towards the Participant: The Company is not liable for damage that is a direct consequence of: the mutilation, delay, deflection as well as unauthorised access to and/or sending of electronic data; the provision of non-up to date, incorrect or incomplete information; The Company is not liable for indirect damage, including, but not limited to, loss of profit, turnover or income and/or immaterial damage. Without prejudice to the provisions of the articles above, the Company’s liability, if any, for each loss-causing event shall be limited to an amount of € 50 per Participant, irrespective of the nature of the liability. Legal claims of the Participant based on the Agreement will expire after six months, counting from the day following the day on which the legal claim(s) arise. The Reward Result will lapse six months after the end of the Reward Period if the Participant does not spend the relevant Reward Result or does not request that it be paid out. The Participant fully indemnifies the Company for all claims by third parties for compensation of damage arising as a result of a. any failure of the Participant to fulfil their obligations under the Agreement, the Participation Conditions and/or b. any unlawful act by the Participant. The Participant also indemnifies the Organisation for all judicial, extrajudicial and other costs (including costs for legal assistance) relating to the shortcoming or wrongful act of the Participant.
Last update of this special section April 20, 2022. Please refer to the Dutch version of the terms and conditions in case of disputes.