Mobility Credits Terms and Conditions

These Terms and Condi.ons were last updated on 28 September 2023 Please read these Terms and Condi.ons carefully

The Terms and Condi.ons are a legal agreement between the Council, on behalf of Solent Transport, and the Par.cipant and set out the rights and obliga.ons of Par.cipants in the Scheme.

These Terms and Condi.ons apply when the Par.cipant receives confirma.on that they have been accepted onto the Scheme and begin to par.cipate in it.

By accep.ng these Terms and Condi.ons, the Par.cipant agrees to take part in the Monitoring and Evalua.on.

The Privacy Policy ( hHps://breezeuk.app/mobility-credits-privacy-no.ce/ ) describes the Council’s policies and procedures on the collec.on, use and disclosure of personal informa.on and explains the Par.cipant’s privacy rights.

Agreed Terms

1. Defini.ons and Interpreta.on

   1. In these Terms and Condi.ons the following words have the following meanings

      Breeze means the digital mul.modal mobility plaSorm Applica.on known as Breeze;

      Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

      Condi2ons means these Terms and Condi.ons;

      Confiden2al Informa2on means any informa.on, however conveyed, that relates to the business, affairs, developments, trade secrets, know-how, personnel and suppliers of the other party, including intellectual property rights, together with all informa.on derived from the above, and any other informa.on clearly designated as confiden.al (whether or not marked as "confiden.al") or which ought reasonably to be considered to be confiden.al, including Par.cipant Data;

      Contract means a contract comprising the Condi.ons and the Online Form made between the Par.cipant and the Council upon the Par.cipant’s acceptance onto the Scheme;

      Council means Southampton City Council of Civic Centre, Southampton SO14 7LY that has entered into the Contract with the Par.cipant;

      Effec2ve Date means the date on which the Par.cipant is accepted onto the Scheme by the Council;

      Force Majeure Event means any circumstance not within a party's reasonable control including:

      1. acts of God, flood, drought, earthquake or other natural disaster

      2. epidemic or pandemic;

      3. terrorist aHack, civil commo.on, armed conflict, imposi.on of sanc.ons, embargo, or breaking off diploma.c rela.ons;

      4. nuclear, chemical or biological contamina.on or sonic boom;

      5. collapse of buildings, fire, explosion or accident;

      6. any labour or trade dispute

      7. interrup.on or failure of u.lity service;

      Mobility Credits means credits provided by the Council to the Par.cipant via a Breeze Voucher Code to be used to pay for the Par.cipant’s bookings of Transport Services;

      Monitoring and Evalua2on means any data collec.on by the Council and subsequent evalua.on by the Council or any of the partners of Solent Transport that accompanies the Scheme to understand how successful the Scheme is and what can be done to improve the Scheme;

      Online Form means the online sign-up process completed by the Par.cipant, pursuant to which the Par.cipant applies to take part in the Scheme. Online Forms shall be deemed incorporated into the Contract by reference;

      Par2cipant means the person who has entered into the Contract with the Council;

      Par2cipant Data means all informa.on, personal data, images, and/or content in any form that forms part of the Par.cipant's data provided to the Council or accessible via that data;

      Scheme means the Mobility Credits scheme in which the Par.cipant is provided with Mobility Credits to purchase Transport Services through Breeze;

      Solent Transport means the partnership between the councils of the Isle of Wight, Hampshire County, Portsmouth City and Southampton City;

      Term means 12 months from the Effec.ve Date or such shorter period ending on the date on which the Par.cipant withdraws from the Scheme in accordance with clause 7 or the Scheme is cancelled by the Council in accordance with clause 8.

      Transport Services means bus or rail services, bike share or e-scooter rental, car club, or ferry services available to book via the Breeze App;

      Breeze Voucher Code means a single use code which can be exchanged for Mobility Credits in Breeze;

   2. In the Contract, unless the context otherwise requires:

      1. the singular includes the plural and vice versa;

      2. reference to a gender includes the other gender and the neuter;

      3. references to a person include an individual, company, body corporate, corpora.on, unincorporated associa.on, firm, partnership or other legal en.ty;

      4. the words including, for example and similar words shall not limit the generality of the preceding words and shall be construed as if they were immediately followed by the words without limita.on;

         
         

      5. references to wri.ng include typing, prin.ng, photography, display on a screen, electronic and facsimile transmission and other modes of represen.ng or reproducing words in a visible form;

         
         

      6. references to clauses are, unless otherwise provided, references to the clauses of the Condi.ons; and

         
         

      7. the headings in these Condi.ons are for ease of reference only and shall not affect the interpreta.on or construc.on of these Condi.ons.

         
         

2. Dura2on

   
   

   1. A Par.cipant's involvement in the Scheme shall run from the Effec.ve Date for the dura.on of the Term.

      
      

3. The Scheme

   
   

   1. As part of the Par.cipant's involvement in the Scheme, the Council will use reasonable efforts to supply Mobility Credits to the Par.cipant during the Term in accordance with the Contract.

      
      

   2. There is no obliga.on on the Council to supply Mobility Credits on any dates previously indicated by the Council or at all. All dates will be es.mates only and any failure to supply Mobility Credits on such dates or at all will not be a breach of this Contract. Payments of Mobility Credits and the opera.on and con.nued opera.on of the Scheme are en.rely at the Council’s discre.on.

      
      

   3. The Par.cipant agrees to co-operate with the Council in all maHers rela.ng to the Scheme and the Services.

      
      

   4. To be eligible to apply to par.cipate in the Scheme the Par.cipant must:

      
      

      1. have received a leHer from their local authority informing them of the Scheme;

      2. be in receipt of council tax support;

      3. be under 30 years of age at the point of receiving the leHer referred to in clause 3.4.1;

      4. have submiHed the Online Form;

   5. Sa.sfying the requirement of clause 3.4 is subject to verifica.on and does not guarantee par.cipa.on in the Scheme and the Council reserves the right to reject any applica.ons to par.cipate.

   6. To receive the Services the Par.cipant is required to download and register an account with Breeze ( hHps://breezeuk.app/ ). When the Par.cipant registers an account with Breeze the Par.cipant will also be bound by the Terms of Use applicable to Breeze (hHps://breezeuk.app/terms-condi.ons/ ) and to the Privacy No.ce applicable to Breeze (hHps://breezeuk.app/privacy-policy/ ).

4. The Breeze Account

   1. When sejng up an account in Breeze the Par.cipant must provide informa.on that is accurate, complete and kept up to date at all .mes. Failure to do so cons.tutes a breach of these Condi.ons which may result in immediate termina.on of the Par.cipant’s account.

   2. The Par.cipant is responsible for safeguarding the password that is used to access the account and any ac.vi.es or ac.ons carried out using the password.

      1. The Par.cipant agrees not to share their Breeze account or disclose the password to any third party. The Par.cipant must no.fy the Council immediately upon becoming aware of any breach of security or unauthorized use of the Par.cipant’s account.

      2. The Council has the right to disable the Par.cipant’s Breeze account at any .me, if in the Council’s reasonable opinion, the Par.cipant has failed to comply with any of the provisions of these Condi.ons.

      3. At the .me of crea.ng a Breeze account, the Par.cipant will be required to set up a valid payment method.

      4. Payment will only be taken if the value of the Transport Services purchased within Breeze exceeds the value of the Mobility Credit at that .me of purchase.

5. Mobility Credits

   1. Subject to clause 3.2, the Par.cipant will be provided with £50 Mobility Credits to be used during each calendar month of the Term as Mobility Credits for Transport Services available in Breeze.

   2. Before or at the start of each calendar month during the Term, Par.cipants will be emailed a single use Breeze Voucher Code which can be redeemed for £50 Mobility Credits in Breeze.

   3. Each Breeze Voucher Code can be redeemed in Breeze for Mobility Credits from

      00.00 at the beginning of the 1st day of each calendar month and will expire at 2359 on the last day of each calendar month during the Term.

   4. Where the Mobility Credit balance in the Par.cipant’s Breeze account in any par.cular calendar month is greater than the cost of the Transport Service provided in that calendar month following a booking by the Par.cipant then any remaining excess credit can be used to book an addi.onal Transport Service to be provided in that calendar month and so on un.l no excess credit remains unused. Any unspent Mobility Credit in the Par.cipant’s Breeze account at the end of a calendar month cannot be u.lised by the Par.cipant to pay for Transport Services in the following calendar month during the Term and instead all unspent Mobility Credit shall be removed from the Par.cipant’s Breeze account at the end of each calendar month. Where the Mobility Credit value in the Par.cipant’s Breeze account for any calendar month during the Term is less than the cost of the Transport Services incurred during that calendar month then the shorSall must be made good by the Par.cipant and paid into their Breeze account.

   5. During the Term the Par.cipant can only use the Mobility Credits to purchase Transport Services through the Breeze app:

      1. for the travel of the Par.cipant only, or

      2. where the Transport Service in Breeze allows mul.ple travellers, so long as the Par.cipant is one of those travellers

   6. Mobility Credits do not have a monetary value and cannot be transferred or exchanged for cash or other goods or services.

   7. Mobility Credits are non-refundable and Breeze Voucher Codes cannot be re-issued if the Par.cipant makes a mistake, they are mislaid or misappropriated for any reason. Par.cipants must keep the Breeze Voucher Code safe and make sure that the correct email address is provided in the Online Form.

   8. The Council will not be liable for any loss, expenses or damages incurred by the Par.cipant if the Par.cipant:

      1. travels without a valid .cket; or

      2. cancels a booking for Transport Services.

         In such circumstances the Par.cipant will not be en.tled to a refund of any Mobility Credits used for such booking.

   9. The Par.cipant must not:

      1. aHempt to trade or sell the Mobility Credits to anyone else; or

      2. use Mobility Credits to book Transport Services on behalf of anyone else, unless clause 5.5.2 applies.

   10. In the event that the Council has reason to believe that the Par.cipant has not complied with the requirements of clause 5 then the procedure set out at clause 12.2 will apply.

   11. The Council does not guarantee that any Transport Services will be made available to the Par.cipant during the Term.

   12. The Par.cipant will use the Mobility Credits in accordance with these Condi.ons and only for lawful purposes.

   13. Par.cipants use the Transport Services at their own risk and the Council is not liable for any them, direct and/or indirect losses or damages whatsoever rela.ng to such use.

       
       

6. Monitoring and Evalua2on

   1. The Par.cipant agrees to complete the following travel surveys to understand the impact of Mobility Credits which will be provided by the Council by email:

      1. the Online Form at the point of applica.on;

      2. first follow up survey, to be completed amer six months of par.cipa.on;

      3. end of trial survey, to be completed amer 12 months of par.cipa.on;

         61.4 post interven.on survey, to be completed two months amer the Par.cipant has received the final Mobility Credit;

   2. Except for clause 6.1.1, the Par.cipant will use all reasonable efforts to complete the Travel Surveys within 10 Business Days of being emailed by the Council.

   3. The comple.on of the survey referred to in 6.1.2 is a prerequisite to the Par.cipant receiving any subsequent Mobility Credits.

   4. Notwithstanding comple.on of the above travel surveys, the Par.cipant will use reasonable efforts to provide feedback on their experience of the Scheme to mobilitycredits@breezeuk.app

      
      

7. Withdrawal from the Scheme

   
   

   1. The Par.cipant can withdraw from the Scheme at any .me by providing one calendar month’s wriHen no.ce to the Council.

      
      

   2. Upon withdrawal of the Scheme clauses 8.2.1 – 8.2.3 will apply.

      
      

   3. The Par.cipant will be deemed to have withdrawn from the Scheme with immediate effect on the occurrence of any event which would fall within clause 10.

      
      

8. Cancella2on of the Scheme

   
   

   1. The Council has a right to cancel the Scheme at any .me by providing one calendar months’ wriHen no.ce to the Par.cipant.

      
      

   2. Upon cancelling the Scheme:

      1. any remaining Mobility Credit balance will remain accessible to the Par.cipant for use of Transport Services during the remainder of the calendar month in which the Scheme is cancelled; and

         
         

      2. The Council will no.fy the Par.cipant by email that the Contract has been cancelled.

         
         

9. Contact Details

   
   

   1. During the Term the Par.cipant can contact the Council by the following means:

      
      

      1. Email: mobilitycredits@breezeuk.app

      2. Post: Future Transport Zone Team, Solent Transport, Civic Centre, Southampton, SO14 7LY

         
         

10. Change of Circumstance

    
    

    1. During the Term the Par.cipant must no.fy the Council immediately in wri.ng if there is a change in circumstance that affects the Par.cipant's involvement in the Scheme. Such change in circumstance may include but is not limited to:

       
       

       1. change of address of the Par.cipant; or

       2. an inability for the Par.cipant to u.lise the Mobility Credits on Transport Services due to injury, cri.cal illness, imprisonment or death.

          
          

11. Preven2on of Fraud

    
    

    1. The Council reserves the right to undertake periodic checks to ensure that the Par.cipant is complying with the Condi.ons.

       
       

    2. In the event that the Council suspects that the Par.cipant is involved in any fraudulent or unusual ac.vity the following procedure will apply:

       
       

       1. the Council will inves.gate the issue internally;

          
          

       2. the Council will no.fy the Par.cipant of any suspected fraudulent or unusual ac.vity;

          
          

       3. the Par.cipant must provide a wriHen response within 5 Business Days of being no.fied; and

       4. if the Council is dissa.sfied with the response, then the Council may at its sole discre.on terminate the con.nued par.cipa.on of the Par.cipant in the Scheme Contract with immediate effect.

    3. Anyone found to be using the Mobility Credits fraudulently may be liable for possible prosecu.on.

12. Dispute Resolu2on

    
    

    1. If the Par.cipant has any concern or dispute about the Scheme, the Par.cipant agrees to first try to resolve the dispute informally by contac.ng the Council.

       
       

    2. If Par.cipant has used the Transport Services and has experienced issues or problems, the Par.cipant may contact the Council as per clause 9.

       
       

13. Warran2es and Disclaimers

    
    

    1. The Par.cipant warrants that at the .me of agreeing to par.cipate in the Scheme, the Par.cipant is not relying on any representa.on made by the Council which has not been stated expressly in these Condi.ons.

       
       

    2. Insofar as liability may lawfully be excluded or limited, the Council gives no warranty in respect of the Scheme, Breeze or the Transport Services.

       
       

    3. Except as expressly provided in these Condi.ons, each party excludes all warran.es, representa.ons, terms, condi.ons or other commitments of any kind, whether express or implied, statutory or otherwise, and each party specifically disclaims all implied warran.es, including (without limita.on) any warran.es, representa.ons, terms, condi.ons or other commitments of merchantability or fitness for a par.cular purpose or of sa.sfactory quality, in each case, to the maximum extent permiHed by applicable law.

       
       

14. Liability

    
    

    1. Nothing in these Condi.ons shall exclude or limit the liability of either party for death or personal injury caused by that party's negligence or for fraud or fraudulent misrepresenta.on or for any other liability to the extent that the same may not be excluded or limited as a maHer of applicable law.

       
       

    2. Subject to clause 14.1, in no event shall the Council have any liability to the Par.cipant under or in rela.on to these Condi.ons whether in contract, tort or under any other theory of liability for: (a) any financial damages as a result of loss of or damage to property, economic loss, cost of replacement services, loss of profits, loss of revenue, loss of orders, loss of goodwill, and/or loss resul.ng from damage to image or reputa.on in each case whether direct or indirect, or (b) any indirect or consequen.al loss or damage arising from or related to these Condi.ons, howsoever caused and whether or not such losses are foreseeable, even if that party has been advised (or is otherwise aware) of the possibility of such losses in advance.

    3. Subject to clause 14.1, the Council’s liability with respect to any single incident arising out of or related to these Condi.ons (whether in contract or tort or under any other theory of liability and including non-contractual claims) will be limited to the maximum value of the Mobility Credit provided to the Par.cipant under these Condi.ons.

       
       

15. Confiden2ality

    
    

    1. Each party undertakes that it will not during the Term and for a period of five years amer termina.on of the Contract, disclose to any person any Confiden.al Informa.on, except as may be required by law, a court of competent jurisdic.on or any governmental or regulatory authority.

       
       

    2. No party will use any other party's Confiden.al Informa.on for any purpose other than to exercise its rights and perform its obliga.ons under or in connec.on with the Contract.

       
       

16. Force Majeure

    
    

    1. Neither party will be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obliga.ons under the Contract if such delay or failure results from a Force Majeure Event. The associated obliga.ons of the party unable to perform will be suspended. Both par.es will mi.gate their losses and meet in good faith to agree a plan to limit the consequences of the Force Majeure Event.

       
       

17. General Terms

    
    

    1. En2re Contract

       
       

       These Condi.ons together with the Online Form, cons.tute the en.re agreement of the par.es rela.ng to the maHers covered by the Contract, and supersede all prior representa.ons, proposals, discussions, and communica.ons, whether oral or in wri.ng. Nothing in this clause shall limit or exclude any liability for fraud.

       
       

    2. Governing Law and Jurisdic2on

These Condi.ons and the usage of Breeze and the Transport Services by the Par.cipants shall be governed by and construed in accordance with English Law and the par.es submit to the exclusive jurisdic.on of the English courts.