ARTICLE 1 : DEFINITIONS
The terms designated in the table below will have the current definition given to them.
Customer or user
The person taking the reservation, for his own account or that of a third party.
Driver
Natural person takes charge of the driving vehicles associated with the service.
Terms and Conditons or CGU
Current General Conditions Of Use And Sale
Deposit
Transfer of the user by the driver to the adress indicated upon booking.
Option(s)
Additional service(s) to the only service that can be added or withdrawn unilaterally at any time by FRANCEDAYTRIP
Party(ies)
The provider and the customer.
FRANCEDAYTRIP
Provider
or
Transporter
The company FRANCEDAYTRIP, which sells the service and is responsible for the delivery of the user, through its own resources or those of subcontractors under its own responsibility, a point of departure to a point of arrival, in accordance with the reservation of the user.
Carrying
Recovery of the user by the driver to the address indicated at the time of booking.
Booking
The order made by the user through e-mail, the website or the phone.
Service
Transportation service offered by FRANCEDAYTRIP or one of its affiliated partners.
Vehicle
Vehicle of maximum 9 seats, including the driver (8 passengers) used for the service
ARTICLE 2 : OBJECT
The customer wishes to use the services of a company specializing in the transport of people by onerous title in a vehicle of maximum 9 seats (including the driver) with driver to achieve on a booking a trip, a tour, or provision of the vehicle and its driver.
FRANCEDAYTRIP is a company specialized in the transport of people with vehicles offering 9 maximum seats, including the driver.
This service is only available on reservation. To make a booking request, FRANCEDAYTRIP provides different means (phone, internet e-mail, Web site) allowing the user to control 24/24 and 7/7 a place in a vehicle.
For the accomplishment of its transport service, FRANCEDAYTRIP is with its own fleet or can be used to transport companies partners with the status of carriers and registered in the register referred to in article 7 of law 82-1153 of Orientation of transport interiors (LOTI) of December 30, 1982, or having the status of operator of passenger vehicle with driver (VTC) and registered in the register referred to in article 9 of law 2009-888 of modernization of tourist services of the July 22, 2009.
ARTICLE 3 : RESERVATION
3.1 Deadlines and time slots
For reservations less than 24 hours before the time of support, the command remains available only by phone and subject to availability of drivers.
For any reservation whose support is carried out between 10 p.m. and 6 a.m., the order must be made no later than the same day before 10 p.m., if FRANCEDAYTRIP reserves the right to charge a flat-rate supplement as defined in section 6.3.
For any reservation whose support is carried out the Sunday or public holiday, the order must be made no later than the Saturday or the day preceding the support before 10 p.m., if necessary FRANCEDAYTRIP reserves the right to charge a flat-rate supplement as defined in section 6.3.
3.2 Mandatory information
At his order, the user must provide a number of mandatory information (number of passengers, full address of departure and arrival, date and time of departure, email, mobile phone...) so that its reservation is taken into account by FRANCEDAYTRIP.
3.2.1 Carried time
During booking process, FRANCEDAYTRIP indicates an estimated time for the selected drive. This travel time is estimated and has no contractual value of share the real traffic conditions during the trip (bad traffic, accidents, weather...)
The user is solely responsible for the support time indicated when booking.
3.2.2 Number of passengers
For each reservation, the user can set a maximum number of passengers set to height (8). For larger groups, the user must make several reservations.
Depending on the number of passengers indicated when booking and availability of its vehicles, FRANCEDAYTRIP, is free to select the most appropriate vehicle.
3.2.3 Luggage
Our society or our driver reserves the right to refuse baggage whose weight, size or nature do not correspond to what had been agreed with the user, as well as those that they consider detrimental to the safety of the transport. The hand-baggages, which keeps the guard passenger luggage, remain under its responsibility. At the end of the transport, the user is obliged to ensure that no object has been left in the vehicle. We decline any responsibility in case of damage or theft of anything that might have been left.
The transport service includes the free carrying of luggages. Per vehicle, the number of luggage is limited to one suitcase and one carry-on per passenger. Upon reservation, the user specifies the number of bags provided by the number of passengers. The driver reserves the right to not send the unscheduled items.
3.3 Validation
Once the required information has been provided by the user, FRANCEDAYTRIP tells the user the fare requested to validate the booking.
3.4 Payment
The payment can take place in vehicles by credit card, cheque, cash or by credit card on sale at distance.
In case the user having paid service, arise not in the place and time that he himself indicated, so that the carrier would be unable to provide the care, FRANCEDAYTRIP responsibility could not be committed and no refund and no compensation will be due.
3.5 Confirmation
For regulatory purposes, FRANCEDAYTRIP informed the customer that all reservations are stored in order to justify its activity.
3.6 Exceptional weather conditions
At the time of booking by the user, if exceptional climate conditions are announced by METEO France and place one or more departments of running the service in vigilance orange or red for all or part of the period of the service booked, a flat-rate surcharge will apply as defined in section 6.2.8. In the case where the climate events announced by METEO France are not recognized by the driver during the execution of the service, no refund and no compensation will be due. Only raising vigilances by METEO France intervening 12 hours before the time of support may lead to the cancellation of the flat-rate surcharge as defined in section 6.2.8.
FRANCEDAYTRIP or the driver reserves the right to suspend the service at any time if they feel that the safety of the user can be ensured. In this case FRANCEDAYTRIP will not be responsible, no compensation will be due.
ARTICLE 4 : MODIFICATION AND CANCELLATION
The reservation may be modified or cancelled at any time.
Depending on the time of modification or cancellation timetable of support expected when booking, the booking price will be refunded minus a deduction rate defined in section 6.2.3.
ARTICLE 5 : TRANSPORT SERVICE
5.1 Running of the service
5.1.1 General operating method
The driver :
Moves to the start address indicated by the user when booking.
Presents himself as the FRANCEDAYTRIP driver.
Carries the user with his luggages.
Takes the user to the address of indicated arrival when booking.
Gets out of the car and hands his luggages to the user.
All requests for the user to customize his service (places of support, additional removal, stop...) will lead to the billing of a flat-rate supplement as defined in article 6.2.6
In case of incapacity of the driver to reach the planned place (works, dams...), the service provider will contact directly, by telephone, the user requesting another place of taking in charge nearby. The carrier will be in no way responsible because of the delays caused by this type of event.
The parties agree that the illustrations, images, or photographs of the products offered for sale have no contractual value.
5.1.2 Carrying / drop-off at the station
In the case of a drop-off at the station, the driver parks the vehicle at the level of the drop-off area around the station.
In the case of a carrying at the station, the user is expected early in its dock for arrival by the driver, if the information was transmitted at the time of booking. In order to be visible to the user, the driver identifies himself via a slate CABFORPARIS.COM or with the name of the user.
5.1.3 Carrying / drop-off at the airport
In the case of a drop-off at the airport, the driver parks the vehicle at the level of the drop-off area around the station.
In the case of a carrying at the airport, the user is expected early in its dock for arrival by the driver, if the information was transmitted at the time of booking. In order to be visible to the user, the driver identifies himself via a slate FRANCEDAYTRIP or with the name of the user.
5.1.4 Carrying / drop-off at the ferry terminal
In the case of a drop-off at the ferry terminal, the driver parks the vehicle at the level of the drop-off area around the station.
In the case of a carrying at the ferry terminal, the user is expected early in its dock for arrival by the driver, if the information was transmitted at the time of booking. In order to be visible to the user, the driver identifies himself via a slate CABFORPARIS.COM or with the name of the user.
5.2 Delay / waiting of the user
5.2.1 General conditions
The driver freely waits the user at the place of take-over during 15 minutes beyond the support indicated in the booking time. At the end of this free 15-minute delay. The driver contacts the user by phone at the coordinates indicated in the reservation:
If the user and upon his request, an extension fee, as defined in article 6.2.4a, may be granted, depending on the availability of the driver.
Without any response from the user, the driver isn't required to wait for him.
In all cases, the price of the reservation and waiting costs are totally due to FRANCEDAYTRIP.
5.2.2 Special case: train / plane / boat delay
In case of a plane, train or boat delay, FRANCEDAYTRIP will not apply any charges as provided in article 5.2.1 waiting.
In addition, FRANCEDAYTRIP will make its best efforts, according to availability of drivers, to automatically change the schedule of care (at the new time of arrival of plane, train or boat) free of charge to the responsibility of the user.
If it is impossible to change the hours of care, FRANCEDAYTRIP informs the customer and implements all, insofar as possible, to find an alternative transport solution for the user (cost of the latter). In this case, FRANCEDAYTRIP refunds the price of the reservation net tariff restraint defined in article 6.2.4b
5.3 Delay of the driver
FRANCEDAYTRIP is committed to carry the user at the schedule indicated upon booking in a window of a total magnitude of 15 minutes (15 minutes support time). As the delay of the driver is identified as superior to 15 minutes, FRANCEDAYTRIP informs the user, as soon as possible, of a new estimated time of arrival of the driver.
If the delay of the driver is included in the range of 15 to 30 minutes:
Either the user has decided to wait for the driver and, in this case, the service is running without any commercial compensation.
Either the user has decided not to wait for the driver, and in this case, FRANCEDAYTRIP only pays the price of the booking.
If the delay of the driver is more than 30 minutes:
Either the user has decided to wait for the driver and, in this case, the service is running and FRANCEDAYTRIP gives such commercial compensation as defined in section 6.2.5.
Either the user has decided not to wait for the driver and in this case, FRANCEDAYTRIP will refund the price of booking and also grants a trade compensation as defined in section 6.2.5.
5.4 Services for people with disabilities
FRANCEDAYTRIP does not provide to this day a service dedicated to the support of people with disabilities. FRANCEDAYTRIP is used to transport companies partners with the status of carriers and registered in the register referred to in article 7 of law 82-1153 of Orientation of transport interiors (LOTI) December 30, 1982, for the care of people with reduced mobility.
ARTICLE 6 : PRICING
6.1 Value added tax (VAT)
6.1.1 Transport service
All prices related to the transport service are subject to the applicable VAT to passenger transport, currently at the reduced rate of 10% non-deductible.
6.1.2 Other
Other (non-transport service) costs are increased by the rate of VAT on services in effect at the time of invoicing, currently 20% to the present day.
6.1.3 VAT rate change
If legislative change of VAT rate, FRANCEDAYTRIP automatically applies the new rates in effect on the base before tax (HT) of its rates of transport and services.
6.2 Service rates
6.2.1 Base price
The basic price is for a single booking of 1 to 4 passengers including carring and service of transport from the take-over place to the deposite place (hereinafter « the base Prize »)
The base price is fixed and takes into account several parameters determined unilaterally by FRANCEDAYTRIP including and this list is personal: distance, points of departure and arrival, hourly...
The base price is mentioned all taxes included (TTC) and includes current VAT at the time of booking.
The base price cannot be less than 29 euros TTC.
6.2.2 Extra charge for additional passengers
When booking for 5 to 7 passengers, the service is charged of a supplement of 50% in addition to the base price.
6.2.3 Deduction for cancellation of reservation
To the title of article 4, reservations canceled less than two hours before the time of taking charge will be applied a tariff deduction equal to the full price of the reservation within the limit of 50€.
6.2.4 Increase for delay of the user
General terms and conditions
As the article 5.2.1 mentionned it, beyond a free time-out of 15 minutes, the driver, depending on its availability, can wait the user on its request.
The time-out granted by FRANCEDAYTRIP is charged at a flat rate of 3 euros per 5 minutes started.
Any other additional wait time requested by the user and granted by FRANCEDAYTRIP will be charged on the same flat rate basis.
Special case: train / plane / boat delay
As the article 5.2.2 mentionned it, where FRANCEDAYTRIP could not run the service by changing schedule of care (due to a delay in train, plane or boat), the price of the booking will be the deduction of a flat withholding 50€ including VAT limited to the price of the booking.
6.2.5 Trade compensation for delay of the Driver
As the article 5.3 mentionned it, if the driver delay at the take-over place is over 30 minutes, FRANCEDAYTRIP provides a commercial flat-rate compensation of 10 euros TTC, Service provided or not.
Trade compensation is due unless breach attributable to the user, any case of force majeure or fortuitous event beyond the control of FRANCEDAYTRIP.
6.2.6 Surcharge for take-over places / additional drop-off
As the article 5.1.1 mentionned it, take-over places or additional drop-off disclosed to FRANCEDAYTRIP or to the driver after the reservation and within the limits of availability of the driver, will lead to the billing of a flat-rate supplement of €50 TTC per address in addition to the carrying and drop-off addresses. If this request brings an modification of the original booking in his route, duration of service, type of vehicle, then the previous booking will be cancelled and another booking will be made in order to take into account the new information.
6.2.7 Surcharge for booking nights, sundays and holidays
As the article 3.1 mentionned it, for bookings made at night between 10 p.m. and 6 a.m., on Sunday after the Saturday preceding 10 p.m. and holidays after the day preceding them 10 p.m., a surcharge of 20% of the full price will be applied.
6.2.8 Surcharge exceptional weather conditions
As the article 3.6 mentionned it, for bookings requesting a service taking place over a period of vigilance orange or red announced by METEO France, a surcharge of 20% of the full price will be applied.
ARTICLE 7 : PAYMENT AND REFUND
For all payments by credit card, the user is financially responsible for bookings that are made in his name, on behalf and on behalf of third parties.
At each booking, the user guarantees the veracity and accuracy of the information he provides.
FRANCEDAYTRIP reserves the right to select or exclude the networks of bank cards or hole cards which it wishes to integrate or not as a means of payment for his service.
FRANCEDAYTRIP reserves the right to set up a credit card registration system. The details are held by secure bank chosen by FRANCEDAYTRIP and the user authorizes his bank to debit his bank account of the total amount of each reservation in advance.
In case of refund or compensation trade, the corresponding amount will be deposit by a credit to the credit card account of the user given during the purchase process.
ARTICLE 8 : RESPONSABILITY
FRANCEDAYTRIP is committed to do what is necessary to lead the user to the destination on time and in optimal security conditions.
To this end, the user is also required to certain obligations :
the user is required to fasten his seat belt under risk of incurring a fine in case of control by the security forces.
It is forbidden to the user to encourage, by any means whatsoever, the driver to break the rules of the road (speed limit, prohibited,...).
It is prohibited, in the vehicules, to smok and transport flammable, explosive, corrosive or toxic substances.
FRANCEDAYTRIP addresses only physical damages and property damage suffered by the user and/or third parties, under the terms of common law applicable to vehicle passenger transport contracts. The user is solely responsible for damage, interior or exterior, caused to the vehicle because of its behavior. In case of damage to the vehicle attributable to the user, FRANCEDAYTRIP charges to the user the costs of reclamation of the vehicle or equipment changes.
FRANCEDAYTRIP can not accept any claims and no request of refund or compensation, for any non-performance or improper performance of the service if this non-performance or improper performance is attributable to the user or a fortuitous event independent of the wil of FRANCEDAYTRIP or at ny force majeure, for example and while this list is not exhaustive : computer failure or networks of telecommunication, manifestations, weather, trafic accidents, traffic jams, etc.
The responsibility of FRANCEDAYTRIP cannot be engaged in case of limitation of the service, delays or other problems inherent in the use of the Internet and communications.
ARTICLE 9 : PERSONAL DATA
Under the law relating to computing, files and freedoms of 6 January 1978 modified, identifying information about the user can be the object of automated treatment. FRANCEDAYTRIP collects only the personal information necessary to process the booking of the user.
ARTICLE 10 : MODIFICATIONS
FRANCEDAYTRIP reserves the right to change these terms, and this without prior notice.
ARTICLE 11 : APPLICABLE LAW AND JURISDICTION
These terms are governed by french law. In the case where one or more of its provision(s) would be considered as invalid or not enforceable by a competent court or by a law, this (these) provision(s) will be (have) deleted without the validity and the enforceability of the remaining provisions are not affected, and will be replaced in the shortest time by other legally valid.
The signed return of the quote or booking confirmation is equivalent to taking reading and acceptance of these terms.
The Parties are held each other informed of the difficulties which might arise in the interpretation or application of the terms and will take all reasonable steps to resolve them.
Any dispute which could rise on the occasion of the interpretation or application of the terms must be resolved primarily amicably by the Parties. In the absence of amicable settlement, the dispute may be brought before the Tribunal de Commerce de Paris.