Terms of Use
LEGAL NOTICES
This Application, hereinafter referred to as “Monapass”, is operated by the State of Monaco, the Digital Services Department, hereinafter referred to as “The Administration”, which has its head office at 2 rue du Gabian, MC 98000 MONACO.
Director of the Publication: the Director of the Digital Services Department
Contact:
• Telephone: (+377) 98 98 40 26
• Email: dsn@gouv.mc
The Application is hosted by Flowbird SAS, hereinafter referred to as the “Publisher”.
TERMS AND CONDITIONS OF USE
The purpose of these Terms and Conditions is to set out the terms for using the Monapass Application.
These Terms and Conditions apply to all Users who access the Monapass Application. All Users agree to the Terms and Conditions of Use when they register for the Application by ticking a box on the Monapass account creation page.
The purchase of the tickets for each Service is managed by the specific terms and conditions:
• Monaco Bus Company
https://www.cam.mc/conditions-generales-de-vente
• MonaBike
https://monabike.mc/en/terms-conditions-c-g-a-u/
• On-street Parking
https://www.mairie.mc/monapassecgu
• Monaco The Grand Tour
https://www.monacolegrandtour.com/en/
• Cinéma des Beaux-Arts
https://www.cinemas2monaco.com
• Oceanographic Museum of Monaco
https://musee.oceano.org/en/general-terms-and-conditions-of-use/
• Prince's Palace
https://palaisprinciermonaco.tickeasy.com/en-GB/terms-of-sales
• Cars Collection
https://palaisprinciermonaco.tickeasy.com/en-GB/terms-of-sales
• Zoological Gardens
https://palaisprinciermonaco.tickeasy.com/en-GB/terms-of-sales
• Grimaldi Forum
https://www.grimaldiforum.com/medias/conditions-ge-ne-rales-de-vente-via-monapass.pdf
Each Service is free to impose the acceptance of these specific terms and conditions to the User.
The User confirms that he/she has read and understood these Terms and Conditions and the specific Terms and Conditions related to each Service in their entirety before using any of the Functionalities offered by this Application, and undertakes to comply with them.
Users may check these Terms and Conditions of Use at any time by going to the “My Info” tab and clicking on “My Monapass Account”.
1. DEFINITIONS
The following words and phrases, beginning with a capital letter, whether used in the singular or plural, are employed herein with the meanings specified below:
• “Administration” means the Prince’s Government of Monaco / the Digital Services Department;
• “Application” means the Monapass Application, which can be downloaded from the App Store and Google Play, as well as any version of the application which succeeds it;
• “Account” means the personal account created by the User or in the User’s name when they register for the Application, which gives them access to the Functionality;
• “Third-Party Account” means the personal account that a User holds with a third-party service (Facebook, Google, Apple) and that they can use to access Monapass;
• “Terms and Conditions of Use” or “Terms and Conditions” means this document setting out the terms for using the Functionalities;
• “Personal Data” / “Personal Information” means any information relating to an identified or identifiable individual (“data subject”). An “identifiable individual” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual;
• “Publisher” means the company Flowbird SAS, which serves as the data processor on behalf of the Administration;
• “Functionalities” means the key functionalities of the Monapass Application:
o Account management:
- Creation of an Account for the Application;
- Deletion of an Account ;
- Consultation of the User’s information;
- Management of registered bank cards (addition/removal);
- Logging into and out of the Account;
- Logging in via Facebook;
- Logging in via Google;
- Logging in via Apple;
- Logging in to / registering for the Services;
- Consultation of the Application’s Terms and Conditions of Use;
- Consultation of the Application’s personal data management policy;
o Purchasing guide for the Services;
o Purchase of tickets (passes) offered by the Services;
o Use, consultation, and details of the transport tickets purchased by the User;
o Management of operations associated with the use of a ticket: sending documents, activation of tickets/passes, displaying or scanning of QR code, unlocking bicycle, change of the duration of use, displaying real-time information, etc.;
o Access to real-time transport information, with points of interest displayed on a map, and route planning (via a link to other applications: Waze, Google Maps, Citymapper, Plans);
o Payment management:
- Linking bank cards to the User’s Account;
- Removing or changing bank details.
o Importing tickets or documents obtained outside Monapass, in the Application:
- Electronic tickets (ex. a Monaco museum ticket or from other cities sent by email), saved on the phone of the User. It can be read by Monapass (in the same way as “My files” folder or any other storage space on the smartphone of the User);
- Files already saved on the smartphone of the User (for example, an image in the « Photos » application or in a file of the phone). It can be imported in Monapass (copy of the saved file in Monapass);
- The files can only be in the format of image/pdf. They are neither hosted nor stored by the Administration or the Editor. The files remain on the device of the User.
• “Username” means the email address the User uses to access Monapass;
• “Services” means the three services available via the Monapass Application:
o Monaco bus: single journey tickets or subscriptions (whether free of charge or paid) for buses operated by the Monaco Bus Company (CAM)
o MonaBike: single trip or subscriptions for the self-service bikes operated by the Monaco Bus Company (CAM)
o On-street parking: parking tickets requiring payment in the Principality, operated by the Municipality of Monaco (Monaco’s Town Hall)
o Monaco The Grand Tour: tickets to take the City Tour buses and visit Monaco
o Cinéma des Beaux-Arts: tickets for movie sessions or book of cinema tickets
o Oceanographic Museum: tickets to visit the Oceanographic Museum of Monaco
o Prince's Palace: ticket to visit the State Apartments of the Palace, combined tickets to visit both the State Apartments and the Cars Collection of H.S.H. the Prince of Monaco
o Cars Collection: tickets to visit the Cars Collection of H.S.H. the Prince of Monaco
o Zoological Gardens: tickets to visit the Zoological Gardens of Monaco
o Grimaldi Forum: entry tickets to see the "Monet in Full Light" exhibition at the Grimaldi Forum Monaco
• “User” means the person who creates a Monapass Account in the Monapass Application.
2. PURPOSE OF THE APPLICATION
The Application makes available to Users an integrated ticketing solution for the Principality of Monaco.
It allows Users to purchase and use these tickets, and to access real-time information about the transport services. The Application also allows the files (tickets or documents) saved on the User Account.
The Monapass Application continues to be developed, and other Services and Functionalities could be integrated.
3. ACCESS TO THE APPLICATION
The use of the Application is optional and access to its content is free. Access to the Application requires the creation of an Account.
3.1. CREATION OF ACCOUNT
When first using the Application, Users will be invited to register for the Monapass Application. There are two ways to register:
• Single Sign-On via a Third-Party Account (Facebook, Google, or Apple);
• Creation of an Account in Monapass by entering an email address and choosing a personal and confidential password. Users must take all appropriate security measures and precautions in respect of this information.
Users undertake to enter the above information at their own liability, under their own control and responsibility, to provide complete, accurate, and up-to-date information, and to refrain from using another person’s identity. Users must remember their Username and password, which they will need to access their Accounts.
Users can log into their Account by entering their personal Username and password or by using the option to log in via their Third-Party Account (Facebook, Google, or Apple). If successful, Users will be able to access their Accounts and may use all of the Application’s Functionalities.
Users who have forgotten their personal password for Monapass should click the “Forgotten password?” link on the Application’s log-in page. The procedure for retrieving the password will then be sent to the email address (Username) that the User provided when creating their Account.
Passwords are strictly personal and confidential, and must never be shared. Users must change their password immediately if they suspect that their Account has been used fraudulently, and agree to never store their password in unencrypted form.
When creating an Account in Monapass, Users provide an email address. This address is required and is used to confirm the operations carried out by the User.
3.2. DELETION OF ACCOUNT
The User can unsubscribe from the Application at any time and via the « My Infos » tab, under the « My Monapass account » tab by clicking on “Unsubscribe”. The User is requested to confirm his/her decision regarding the Account deletion.
4. DATA RETENTION
Two types of data are retained: data related to the User Account (Username and password) and a history of the purchases made by the User.
Any Account which remains unused for more than twenty-four (24) months will be automatically deactivated and all the associated data will be deleted. Users can also request the deactivation of their Accounts within the Application at any time from the My Info tab, under the My Monapass Account tab, by clicking “Unsubscribe”.
When a User Account is deactivated, the data collected during the creation and use of their Account for the Application undergoes a process of deletion. Consequently, the Account will be permanently deleted. However, the history of anonymous purchases made within the Application will be retained for a period of twelve (12) months.
5. ENGAGEMENT IN THE USE OF THE APPLICATION AND ITS CONTENT
Users undertake to refrain from committing, on this Application, any act that is illegal or which infringes human rights and the interests of third parties more generally.
Acts detrimental to the name and/or image of the State of Monaco, or which may damage, overload, discredit, disable or cause the failure of the Application, are strictly prohibited by these Terms and Conditions of Use.
Such acts include, but are not limited to transmission by email or otherwise of content intended to persecute, harass, defame, discriminate, or insult, or the transmission of any other information or opinions of a personal nature concerning one or more individuals or which infringe human rights or harm minor Users.
All correspondence must be courteous and observe the basic rules of civility.
6. APPLICATION SECURITY
The Application requires a sufficiently fast connection and equipment and resources to enable Users to access and browse the Application.
Users are aware of the risks associated with using the internet and accept the corresponding limitations and risks.
The Publisher, as the data processor on behalf of the Administration, secures the Application with regard to the risks involved and the nature of the data that is processed.
Users may not fraudulently access or remain in any part of the Application, delete or modify data contained within the Application, add fraudulent data to the Application, alter the Application, or interfere with its proper operation.
7. INTELLECTUAL PROPERTY
7.1. Copyright
All of the rights associated with any content published on this Application are the exclusive property of the Administration, except where it is explicitly indicated that the rights belong to a third party. This includes but is not limited to, all texts, comments, titles, names, photographs, sounds, images, data, drawings, animated sequences with sound, videos, functionalities, and charts, which are protected by the copyright law applicable in the Principality of Monaco.
Any use, representation, transformation, reproduction, adaptation, or dissemination, in whole or in part, of any element or content from this Application on any media and via any procedure is prohibited and constitutes a criminal offense that will be punished by the Monaco courts and tribunals unless express permission is obtained from the Administration.
7.2. Trademarks
Brands and/or logos owned by the Administration and appearing on this Application are protected trademarks under the statutory provisions applicable in Monaco. Any reproduction of these trademarks and/or logos, in whole or in part, without the permission of the owner, is a criminal offense punishable by the Monaco courts and tribunals.
8. LIABILITY
The Functionalities of the Application must not be used in an abusive or malicious way.
In general, Users undertake to use the Functionalities of the Application:
• In accordance with Monegasque laws and regulations, the rights of third parties, and intellectual property rights;
• Fairly and in accordance with their intended purpose;
• At their own risk.
Users who wish to inform the Administration of a mistake or correction are requested to send a message directly from the Application, using the functionality that can be found in the My Info tab (select the “Contact Monapass” option). In the event of a request related to a Service featured within the Application, Users should contact the relevant Service directly.
The Administration makes no guarantee, express or implied, regarding the operation of this Application and may not under any circumstances be held liable for any damage, whether direct or indirect, commercial or otherwise, or consequences that may result from an erroneous or obsolete publication that may appear within the Application.
Each Service will endeavor to ensure that the information published within the Application remains accurate and up-to-date, but the Administration accepts no liability for any use made of the information featured within the Application.
The Administration does not guarantee the continuity, accessibility, or availability of the Application.
These Terms and Conditions may also be amended at any time and without notice, to reflect changes made by the Administration or changes to applicable laws, or for any other reason deemed necessary. It is the responsibility of Users to apprise themselves of such changes.
9. PERSONAL DATA PROTECTION
In accordance with the provisions applicable to the protection of personal data in the Principality of Monaco, the Digital Services Department of the State of Monaco (the “Administration”) is the Data controller for the “Management of a ticketing application in Monaco”, known as Monapass, to make the Application available in the Principality of Monaco.
The Processing operators for the personal data collected by the Monapass Application are:
• The Publisher of the Application for the data collected during the creation of Monapass Accounts;
• The managers of the relevant Services used by the User.
The Processing is justified by the consent given by Users when registering for the Application, by ticking an initial box relating to the Application’s Confidentiality Policy.
As part of the process for creating and managing Monapass Accounts, the Publisher of the Application is the sole recipient of the shared information in order to guarantee its mission of assistance in the operation and system and application maintenance. The Administration does not have access to this data and receives only anonymized activity reports regarding the use of the Application.
When Users use the Services offered by the Application, the information will be sent to the Publisher of the Application and then to different recipients depending on the Service used:
• For Monaco bus and MonaBike Services: the Monaco Bus Company (CAM)
• For on-street parking Service: the Municipality of Monaco and the Municipal Police (license plate only in the event of a check)
• For Monaco The Grand Tour: Société des Transports Touristiques Monégasques
• For Cinéma des Beaux-Arts: S.A.M. D'Exploitation de Cinémas
• For Oceanographic Museum: The Oceanographic Museum of Monaco
• For Prince's Palace, Cars Collection, and Zoological Gardens: Prince's Palace of Monaco
• For Grimaldi Forum: Grimaldi Forum Monaco
The data related to an Account and the history of Users’ purchases are stored for 24 months. In the event that a User deactivates their Account, their Account data will be deleted and the Publisher will store only the history of purchases made within the Application for a period of 12 months.
The Personal data related to the payment operations are stored for the purpose of after-sales service and fraud management. This information is linked to the User Account and contains essential information (timestamp, User’s token, tickets/passes purchased in the Application, transaction amount, identification number of bank transaction).
The information requested when creating an Account is mandatory (email address and password). If required or mandatory information is not provided, we will not be able to provide the appropriate response.
In accordance with the applicable regulations on protecting Personal data in the Principality of Monaco, and in the context of creating a Monapass Account, each User has the right to access personal data relating to them, the right to object, and the right to request that inaccurate, incomplete or outdated data be corrected, updated or removed. From the moment the European regulations on the protection of personal data are applicable to the User, the latter also benefits from the right to limitation and deletion of his/her data when creating their Monapass Account.
To exercise their rights or in the event of any questions about how their Personal data is processed when creating a Monapass Account, Users may submit a request directly within the Application, using the “Contact Monapass” option within the “My Info” tab and specifying the subject of their request or by sending an email to monapass@gouv.mc.
For any requests or questions related to each Service available in the Application, Users should consult the Terms and Conditions of Use or the specific Terms and Conditions for the relevant Service. To exercise their rights over the Personal data collected by a Service, the Users can contact monapass@gouv.mc.
Users may also withdraw their consent at any time, by unsubscribing from the Application. To unsubscribe, Users should submit a written request via the Application, using the “Contact Monapass” option in the “My Info” tab.
If, having contacted the Administration and exercised their rights, a User believes that these rights have been infringed, the User may file a complaint with the Data Protection Authority of Monaco: www.ccin.mc.
10. HYPERLINKS
The creation of hyperlinks to this Application does not require prior authorization from the Administration and is permitted for any media, with the exception of those disseminating information of a controversial, pornographic, or xenophobic nature, or which may cause wider offense. The State of Monaco should be clearly mentioned in the link. The Administration reserves the right to request the removal of all existing links which contravene the Application’s purpose.
The Application may contain hypertext links to third-party websites. The Administration does not control these websites and may not under any circumstances be held liable in any way for the content published on these third-party websites.
The Administration can not be held responsible for any damage or loss that may result from or be related to the use of these third-party websites. Users of the Application bear full responsibility for and assume the risks of using these third-party websites. The Administration may not be held liable in any way.
All Users of the Application are invited to contact the Administration in the event that the Application’s Functionalities are not working, by emailing monapass@gouv.mc.
11. COMPETENT JURISDICTION
All disputes relating to the use of the Application are subject to the laws of Monaco and the exclusive jurisdiction of the courts of Monaco.
In the event of a dispute related to the interpretation, validity or execution of the Terms and Conditions, or use of the Application, only the Monegasque legislation and regulations are applicable.