CGU: (general conditions of use) / Terms of sale
Preamble:
The Service Provider provides customers wishing to travel in a motorized vehicle with driver, a vehicle of its own company or a partner with the same activity in the event of unavailability. They are carriers.
The service ordered by the customer is carried out by a DRIVER of the Company or a subcontracting partner, depending on availability, who performs it on behalf of the latter and assumes full responsibility for it.
These conditions are subject to the provisions of Law No. 78-17 of January 6, 1978 relating to the protection of personal data.
Elite -Travel VTC (Commercial Name)
EI HANSBERGER ERIC, SIREN number: 803 525 054.
Registered in the directory of AM trades under number 803 525 054 RM 06, represented by its current manager.
Company subject to VAT, intracom VAT number: FR44 803 525 054.
Domiciled at 19 Promenade de la Plage 06800 Cagnes sur Mer.
Telephone: +33 666 500 606.
Contact email: contact.booking@elite-travel-vtc.com
DEFINITIONS:
– “Provider”: EI HANSBERGER ERIC (Elite travel vtc)
– “Service”: Transport of the customer from the point of support to the point of arrival after reservation.
– “Driver”: Professional holder of the professional card responsible for carrying out the journey ordered by the customer.
--"Partner" : Company in the same sector of activity and respecting the same criteria of quality of execution and acting as a subcontractor in the event of unavailability.
– “Client”: Any person using the service provider “ELITE TRAVEL” in order to have access to a tourist vehicle with Driver.
– “Order”: Any immediate or deferred reservation made by the Customer via telephone call or via the Site. The order will be considered immediate when the journey is made less than one (1) hour after placing the order. The order will be considered deferred when the trip is made more than one (1) hour after the order is placed.
– “Journey”: Transportation of the customer from the pick-up point to the arrival point.
– “Deferred invoicing”: Single, monthly summary invoice, written to the address provided by the customer and at the latter's request.
– “General Conditions”: Stipulations herein including the preamble.
– “Site”: Website www.elite-travel-vtc.com.
– “Van”: Monospace type vehicle fitted out for the transport of passengers, unique make and model: MERCEDES CLASSE V.
--" Sedan": 5-seater, 5-door vehicle, meeting the standards in force for VTC activity. Variable models according to PARTNERS.
SECTION 1
OBJECT:
these conditions are applicable to the use of the site and the performance of the service accepted by the Client and by the PROVIDER.
ARTICLE 2
OBJECT:
These conditions are applicable to the use of the site and to the performance of the service accepted by the Client and by the PROVIDER.
ARTICLE 3
PLACING AN ORDER:
Warranties
The Client guarantees the veracity of the information that he communicates to the Service Provider.
– He certifies that he is legally capable of using the site to reserve a vehicle with driver in accordance with the stipulations of the General Conditions.
– He acknowledges that the placing of any order by calling the number indicated on the advertising medium or on the Site entails the express acceptance of the General Conditions of which he acknowledges having read.
Information requested:
When booking, you will be asked:
– Your personal identification data: surname, first name(s), e-mail address, telephone number, and possibly billing address.
Presumption:
Any order placed through the Customer's email address or telephone number is deemed to have been made by him, and will be assigned to him accordingly.
Ordering procedure:
To place an order, the Customer first connects to the site by entering his first and last name. Then, He fills in the various fields relating to the desired route as well as his email address and telephone number.
The definition of the place of departure and destination is mandatory. In the absence of such a definition, the order will not be able to succeed.
The definition of the type of car desired is not mandatory, the Customer will be assigned the available vehicle. (single type for Elite Travel: MERCEDES V CLASS)
Elite Travel reserves the right to sub-contract the service to a partner in the event of unavailability without informing the customer. The service and the range of vehicles will be of identical quality.
Once all the information relating to the order has been completed, the Service Provider sends it to the Driver in charge of the journey.
ARTICLE 4
PRICES:
The price of the Journey is announced in the Service Provider's offer.
The prices take into account:
– The distance to be covered;
- Travel time ;
- Any toll charges;
- Fuel;
- The wear and tear of the vehicle;
The price is mentioned including VAT and includes VAT at the current rate of 10%.
The price of the journey is calculated on average on the following basis: €15 (base)+€0.75/minute+€1.50/Km.
The minimum price for a trip is €45 including VAT.
Any modification of the Order made by the Customer will result in the Driver or partner switching to a billing method without place of destination.
The average rate calculation method will then be applied on the following basis: €15 (base)+€0.75/minute+€1.50/Km.
ARTICLE 5
Waiting charges:
The waiting costs are €1.50 including tax per minute and will be added to the final amount of the Trip invoice.
They will be invoiced to the Customer from 15 minutes of waiting by the driver or partner at the agreed place in accordance with the stipulations of the reservation.
Only completed minutes will be billed to the Customer. Beyond 20 minutes, and without any news from the client, the driver or partner may choose to leave or wait for the client free of charge. Waiting fees may be added to the cancellation fees if the cancellation takes place after 15 minutes of the Driver's presence at the pick-up location.
SECTION 6
Making the trip:
The Trip begins when the Customer gets into the vehicle and ends when they get out of the vehicle.
The Driver or partner reserves the right to refuse to take charge of one or a group of Clients if:
– The Customer is intoxicated,
- The number of pieces of luggage is greater than the capacity of the reserved vehicle,
– The Customer is accompanied by an animal whose weight exceeds 7 kg and whose presence has not been indicated and which is not placed in a cage,
The Driver's refusal may also result from the fact that the Customer represents a danger to the safety of the Driver or partner and/or the vehicle.
This list of conditions of refusal of the Driver or partner is not exhaustive.
ARTICLE 7
Customer Responsibility:
The Customer must respect the Driver or partner and not damage the vehicle made available to him.
In the event of damage, the Service Provider will invoice the Customer for all the costs of repairing the vehicle according to the supporting documents presented by the Driver or partner, and a complaint may be filed if necessary.
The Customer and accompanying passengers are required to fasten their seat belts.
Otherwise, they will have to pay any fines.
ARTICLE 8
CANCELLATION OF AN ORDER:
The Customer may cancel free of charge:
– The Preliminary Order within 48 hours preceding the service;
Cancellation not respecting these conditions will give rise to invoicing.
Will be claimed from the Client:
– A lump sum for the order of 45 € including tax or 50% of the amount of the service initially planned according to the hourly amplitude of the said service.
SECTION 9
REALIZATION OF THE ROUTE:
The Trip begins when the Customer gets into the vehicle and ends when they get out of the vehicle.
SECTION 10
CUSTOMER COMMITMENTS AND OBLIGATIONS:
a) Commitment
The Customer undertakes to use the reservation process in good faith and in accordance with the provisions of the General Conditions. Any booking made in bad faith, with the aim of harming the service provider by diverting the vehicles to him in the interest of wasting his time, will be the subject of legal proceedings after the filing of a complaint.
b) Bonds
The Customer must present himself at the place of departure at the said time after confirmation of the order. In the event of the client's absence, the latter will receive an SMS or email confirming the arrival of the Driver or partner and indicating the start of the latter's waiting period. Beyond 15 minutes, the waiting time will be invoiced (within the limit of 5 additional minutes at the rate of €1.50 per minute) and sent by email to the customer according to the pricing conditions defined in the General Conditions.
When taking charge, the Customer may present his identity document or the Means of Payment at the request of the driver or partner. Any Order will be considered canceled if the Customer does not present the requested documents, and any deposits will not be refundable.
Payment for the trip may be requested before departure, at the discretion of the driver or partner. If necessary, the penalties that may be applied to the lengths and travel times will be waived and not invoiced later.
In case of no-show of the Customer at the pick-up location predefined at the reservation, the Driver or partner is deemed free to leave after a waiting period of 15 minutes. Cancellation costs, calculated according to the tariff conditions defined in the General Conditions, may be requested.
SECTION 11
SERVICE PROVIDER'S RESPONSIBILITY:
The Service Provider cannot be held responsible for computer or technical problems not resulting from its fault.
The transport service is placed under the full responsibility of the Driver or partner. Only the Driver or partner is liable for damages and losses arising from the completion of the Trip, after proof of these.
SECTION 12
BILLING:
Once the Trip has been completed, the Service Provider sends the Customer, by e-mail, an invoice detailing the price and the characteristics of the Trip, on request only.
In the event of cancellation of the Order giving rise to cancellation fees, the Service Provider shall send the Customer, by e-mail, an invoice detailing the amount of the fees applied.
Any invoice that is not the subject of any (written) dispute by the Customer within thirty (30) days from the date of dispatch will be deemed to have been accepted by the latter.
Any disputes cannot lead to or justify a delay in the payment of the entire monthly invoice.
ARTICLE 14: QUALITY APPROACH
The Service Provider undertakes to check that the Drivers or partners as well as all the vehicles used comply with the regulations in force.
Verification is carried out annually. The Service Provider is not liable for changes in the situation of which he was not aware.
SECTION 13
GEOLOCATION:
The Customer agrees to be geolocated if necessary so that the Driver or partner can know the pick-up location.
ARTICLE 14
PROTECTION OF PERSONAL DATA:
The Service Provider informs the customer that the use of the site gives rise to the collection and processing of personal data.
a) Data likely to be processed:
The data likely to be processed by the Service Provider are:
– Identity: title, surname, first names, address, telephone number, e-mail addresses, date of birth, internal processing code allowing the customer to be identified, copy of an identity document (which may be kept at purposes of proof of the exercise of a right of access, rectification or opposition or to meet a legal obligation).
– Data relating to the means of payment: postal or bank identity statement, check number, bank card number, expiry date of the bank card.
– Data relating to the transaction such as the transaction number, details of the purchase, subscription, good or service subscribed.
– Data relating to the follow-up of the commercial relationship: documentation requests, trial requests, service or subscription taken out, quantity, amount, frequency, delivery address, service history, origin of the order, correspondence with the customer and after-sales service, exchanges and comments from customers and prospects, person(s) in charge of customer relations.
– Data relating to the payment of invoices: terms of payment, discounts granted, receipts, balances and unpaid amounts not resulting in the exclusion of the person from the benefit of a right, a service or a contract subject to authorization by the Commission as provided for by the provisions of article 25-I-4° of the law of 6 January 1978 as amended.
– Data relating to the selection of people to carry out loyalty, prospecting, survey, test and promotion actions.
– Data relating to the organization and processing of contests, lotteries and any promotional operation such as the date of participation, the responses given to contests and the nature of the prizes offered.
– Data relating to the contributions of people who submit opinions on products, services or content, in particular their pseudonym.
b) Recipients and persons authorized to process the data
Can, within the limits of their respective powers, have access to personal data:
• the people in charge of the marketing department, the sales department, the departments responsible for handling customer relations and prospecting, the administrative departments, the logistics and IT departments as well as their line managers;
• departments responsible for control (auditor, departments responsible for internal control procedures, etc.);
• subcontractors when the contract signed between the subcontractors and the controller mentions the obligations incumbent on the subcontractors in terms of protection of the security and confidentiality of data (article 35 of the law of January 6, 1978 amended) and specifies in particular the security objectives to be achieved.
May be recipients of the data:
• partners, external companies or subsidiaries of the same group of companies under the conditions provided for in article 6 of standard 48 of June 21, 2012.
• organizations, legal assistants and legal officers as part of their debt collection mission.
c) Purposes of data processing
The processing of this data may have all or part of the following purposes:
– Carry out operations relating to customer management, in particular concerning contracts; orders; invoices; accounting and in particular the management of customer accounts and the monitoring of customer relations such as the carrying out of satisfaction surveys, the management complaints and after-sales service.
– Carry out operations relating to prospecting: technical prospecting operations; selection of people to carry out loyalty, prospecting, survey, product test and promotion actions, carrying out solicitation operations.
– Develop trade statistics.
– Assign, rent or exchange customer and prospect files.
– Organize contests, lotteries or any promotional operation, excluding online gambling and gambling;
– Manage requests for the right of access, rectification and opposition;
– Manage unpaid bills and disputes, provided that it does not relate to offenses and/or that it does not lead to the exclusion of the person from the benefit of a right, a service or a contract ;
– The management of people's opinions on products, services or content.
d) Duration of data retention
Personal data relating to customers will not be kept beyond the time strictly necessary for the management of the commercial relationship.
Customer data used for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship.
At the end of this three-year period, the Service Provider may contact the person concerned to find out whether they wish to continue to receive commercial solicitations. In the absence of a positive and explicit response from the person, the data will be deleted or archived in accordance with the provisions in force.
– Regarding identity documents:
In the event of exercise of the right of access or rectification, data relating to identity documents may be kept for the legal period of one year. In the event of exercise of the right of opposition, these data may be archived for the legal period of three years.
– Concerning bank card data:
Data relating to bank cards are deleted once the transaction has been completed, that is to say as soon as payment is made. In the case of payment by credit card, they may be kept for the purpose of proof in the event of any dispute over the transaction, in intermediate archives, for the legal period of 13 months following the date of debit. This period may be extended to 15 months in order to take into account the possibility of using deferred debit payment cards.
This data may be kept for longer subject to obtaining the express consent of the customer, informed beforehand of the objective pursued (facilitating the payment of regular customers, for example). This consent can be collected via a checkbox but does not result from the acceptance of these general conditions.
Data relating to the visual cryptogram is not stored.
When the expiration date of the credit card is reached, the data relating to it is deleted.
– Concerning the management of opposition lists:
When a person exercises his right of opposition to receive prospecting, the information allowing his right of opposition to be taken into account will be kept for a minimum of three years from the exercise of the right of opposition. Under no circumstances will these data be used for any purpose other than the management of the right of opposition.
e) Right of access, rectification and deletion
The General Conditions are subject to law n° 78-17 of January 6, 1978.
The Customer has a right of access, rectification and deletion of personal data concerning him:
This right is exercised by simple request sent, by any secure means, including electronic means, to the Service Provider.
f) Right to object
The Customer has a right of opposition, under the same conditions as above, to the transfer to third parties for commercial prospecting purposes of the personal information held on his person.
g) Communication of data to third parties
The Service Provider may communicate to third parties, in particular the Driver, the Customer's contact details for the purposes of the service.
ARTICLE 15
INVALIDITY OF A CLAUSE:
If one of the clauses of this contract is declared invalid by a court, the other clauses will continue to apply.
SECTION 16
COMPLAINTS:
Any complaint relating to the operation of the Elite Travel Company must be made to the Service Provider electronically at the following address:elite-travel@outlook.fr
Any complaint relating to an incident occurring during the Journey must be made to the Service Provider at the same email address.
It will be transmitted, as soon as possible, to the manager.
SECTION 17
APPLICABLE LAW:
These conditions are subject to French law.
ARTICLE 20: ATTRIBUTION OF JURISDICTION
The parties undertake to settle amicably any dispute arising from the execution of this contract.
However, if an amicable settlement is not possible, the dispute will be subject to the exclusive jurisdiction of the courts of Nice.
