GENERAL TERMS AND CONDITIONS OF SALE
Preamble
La société VTC VALLÉE D’OSSAU, société par actions simplifiées, immatriculée sous le numéro 38218978500043 dont le siège social est 41, chemin Lauga, 64290 Lasseubetat, France, immatriculée au registre des exploitants de véhicule de transport avec chauffeur auprès de ministre chargé des transports sous le numéro EVTC064180016, propose à la clientèle des entreprises et des particuliers, la vente d’une prestation de “location de véhicule de transport avec chauffeur” .
Subject:
Les présentes conditions générales de vente sont conclues entre : d’une part, La société VTC VALLÉE D’OSSAU, et d’autre part, toute personne physique ou morale souhaitant recourir aux services de VTC VALLÉE D’OSSAU
VTC VALLÉE D'OSSAU reserves the possibility of adapting or modifying at any time the present general conditions of sale. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.
However, the general conditions applicable to each service will be those in force on the day of the final validation of the service by the Customer.
Article 1 : Ordering a vehicle
The Ordering of the Service via the Site is subject to the Customer's prior acceptance of these General Conditions.
1.1 Customer's obligations
After validation of the order, the customer must arrive at the agreed location. The customer will receive an e-mail and/or SMS confirming the arrival of the Driver. This e-mail and/or Sms signals the beginning of the waiting period for the Driver.
The Driver may ask the Customer to present his or her identification or the registered means of payment.
1.2 Obligations of the Company
VTC VALLÉE D’OSSAU travaille avec les plates-formes MYSAM, ALLOCAB et ses propres FORFAITS INDIVIDUALISÉS pour le Béarn. Les conditions générales de vente de ces plates-forme font autorité en cas d’utilisation de celles-ci
Upon receipt of the Client's request, in the event that the destination is entered, the Company undertakes to provide an offer indicating the price in advance.
If the Client accepts the offer, the Company undertakes to send him/her a confirmation of the order, by e-mail and/or SMS or through the systems of the said platforms.
The time of arrival provided by the Company is indicative and based on standard times that do not engage its responsibility.
Article 2 : Services
2.1 Professional liability insurance for the persons transported.
2.2 Kilometers and time according to estimate start and finish.
3.3 Reception of the customer at an airport or train station with mention of the customer's name or telephone call or sms.
4.4 Transport of the customer's luggage according to the capacity of the vehicle's trunk.
5.5 Candy, smartphone connection cable, etc.
6.6 In case of delay at the station, 5 minutes of waiting time is acquired to the customer without charge. Beyond this time, every minute spent will be charged 50 cts of euros at the expense of the customer except in case of use of VTC platforms, in this case, the rules of the platform used will apply. If a contact has been established announcing this delay, the terms agreed upon orally will prevail. A flat fee of 5€ will be charged.
In case of delay at the airport, ten minutes of waiting time will be charged to the customer. Beyond this time, every minute spent will be charged 50 cts of euros at the customer's expense unless a contact has been established announcing this delay and in this case, the terms agreed upon verbally will prevail. A flat rate of 5€ will still be charged.
Article 3 : Route calculation
All the routes of the requested transport services, and therefore their mileage, are calculated using the Waze application or the UBER application.
Article 4: Route changes
Les changements d’itinéraires et détours résultant d’évènements indépendants de la volonté du client (comme notamment des travaux, des intempéries, des déviations, embouteillages ou accidents) ne seront pas facturés au Client.
Les changements d’itinéraires et détours effectués à la demande du client sont autorisés. Toutefois, le chauffeur, peut accepter une telle demande si elle n’a pas d’influence sur la bonne marche de l’entreprise, tel qu’un retard de prise en charge d’un client suivant. Tout changement d’itinéraire ou détour demandé par le client fera l’objet d’une facturation supplémentaire dont le montant sera fixé en fonction de la distance.
Article 5 : Reservation of the service
La réservation d’une prestation se fait via notre site (www.vtcvalleedossau.fr, email (contact@vtcvalleedossau.fr), ou par téléphone (06 79 50 92 64).
The reservation by phone, sms or request for estimate, must take place at least 24 hours before the time of the beginning of the service of transport (this delay being able to be reduced at the discretion of the provider according to the availability of the drivers).
The reservation of the service will become contractual and will be considered as firm and definitive between the Parties after payment of the Pro-format Invoice sent within half an hour of the request for a quote. If the reservation was made from a partner platform such as MySam, the rules of the latter will prevail.
Article 5 bis: Cancellation of the reservation of the service
Toute annulation faite au moins 48h à l’avance est gratuite. Passé ce délai, VTCVALLEEDOSSAU remboursera par virement bancaire la somme réglée à l’avance en prélevant 20% de la somme initiale.
Article 6 : Payment
After requesting a quote, a pro-forma invoice is sent. It includes a field for payment by credit card. It is only after the online payment that the race will be definitively booked.
Les prix indiqués en euros sont TTC. La TVA, soit à 10% pour les prestations VTC, soit à 20% pour la mise à disposition du véhicule et du chauffeur sont clairement indiquées. VTC VALLEE D’OSSAU se réserve le droit de changer les tarifs de ses services à tout moment
The provider reserves the right to refuse any service that it deems unable to carry out for reasons of time constraints or overloaded schedule.
In the case where the trip has been pre-arranged or if a deposit has been collected by the Seller at the time of booking the service, this amount will be fully refunded unless the cancellation is not made at least 48 hours before the service. In this case, a sum corresponding to 20% of the sum will be deducted before reimbursement by bank transfer.
Any service ordered and cancelled at least 48 hours in advance will be fully refunded by bank transfer. Past entails the payment of 20% of it.
On the other hand, if VTC VALLEE D'OSSAU cannot honor a race, it will pay to its customer 50% of the race in question.
In the event of late payment, interest on arrears equal to 1.5 times the interest rate will be applied automatically and without prior notice.
ARTICLE 7 - Availability
As long as our offers and their prices are visible on the sites, they are valid. When there is an unavailability on a product ordered, the customer is informed by e-mail. If the product is not available and the customer places an order, he can at any time retract and obtain a refund of the amount paid.
Article 8 : Cancellation of the service
8.1 The cancellation of any service must be sent in writing, either by e-mail to vtcvalledossau@gmail.com or by the contact form on the website http://www.vtcvalleedossau.fr.
8.2 The cost of the reservation cannot be refunded:
If the Customer cancels within 48 hours before the start of the service, the cancellation will be free of charge and the Customer will be fully refunded.
In case of no-show of the Customer at the airport or train station, after a waiting time of 15 minutes, the driver will be released from the responsibility of this race and free to leave except if the customer gave beforehand his flight or train number and that the delay is not imputable to him personally. In this case, we will do our best to find a solution for our customer.
Article 9: Traffic regulations
The driver's responsibility is engaged during the period of the services, he has to respect and make respect the road regulations and the laws in force.
The Customer agrees to maintain a proper attitude, not to smoke, not to consume drugs or alcoholic beverages inside the vehicle.
It is mandatory to wear a seatbelt in the front and in the back. Failure to comply with this rule will exonerate the Seller from any responsibility in case of accident.
The Vendor reserves the right to stop the execution of the service or to refuse access to the vehicle to the person whose behavior is aggressive, disrespectful, vulgar or insulting towards customers, passers-by, road users or the driver.
This stop or this refusal of the service will involve the invoicing of the totality of this one and will not open to any compensation.
Also, the reservation of a vehicle does not guarantee access to the vehicle, the driver being authorized by the Management, for safety or medical reasons, to refuse access to persons with a state of alcoholism that he considers advanced or requiring specific care or to an unaccompanied minor.
The damage caused to the vehicle and its equipment will be charged to the Customer.
Any damage to the vehicle or damage caused by the untimely opening of doors or windows by the Customer will be charged to the Customer.
Bringing and consumption of food and drinks, other than those made available to the Customer by the Vendor, are not accepted in the vehicle except with the prior agreement of the driver.
Animals are accepted in the vehicle, preferably in a cage or a sealed container provided for this purpose. An agreement can be made between the driver and the client. The acceptance of any animal in the vehicle remains at the sole discretion of the driver.
Tips are neither included nor mandatory. They are left to the discretion of the Customer.
When the trip is long, the driver must rest during the trip, in order to ensure the safety of the Customer and the vehicle and to comply with the regulations in force.
Article 10: Luggage
The amount of luggage carried is proportional to the volume of the vehicle's luggage compartment. Therefore, the luggage must fit in the rear trunk of the vehicle and be of a reasonable size that does not jeopardize the safety of the passengers and the driver.
The luggage must not present any risk of damage to the vehicle. Any damage to the vehicle will be charged to the Customer.
The luggage remains under the responsibility of the Customer. Any fragile objects in the luggage are the sole responsibility of the Customer and must be declared in advance so that the driver can take all necessary precautions to preserve them.
The Seller cannot be held responsible for lost or forgotten luggage or any other object in the vehicle.
Article 11: Complaints
Any complaints must be made in writing within 8 (eight) days of the performance of the service by registered mail with return receipt requested addressed to the Seller's head office.
After this period, no dispute will be taken into account.
Article 12: Force majeure
The responsibility for VTC-VALLE D'OSSAU could not be committed if the non-execution of the service or the delay in the execution of this one results from a case of absolute necessity. In this respect, force majeure is understood to be any external, unforeseeable and irresistible event within the meaning of article 1148 of the civil code.
Article 13: Applicable law in case of disputes
The present general conditions of sale, as well as all the contractual relations which could result from it are subjected to the French law.
In the event that a dispute arises between the customer and the Seller, the parties agree to seek an amicable solution, taking into account the interests of each of them before taking any legal action.
Failing that, only the French courts will have jurisdiction.