ARTICLE 1 – ACCEPTANCE
TRANSPORT RS, SARL with a capital of 18 000 €, registered in the BOBIGNY trade register under the number 798 441 358, whose head office is located 159 boulevard Robert Ballanger – 93420 VILLEPINTE, offers to its corporate and private customers, services of car rental with driver.
The present general conditions of sale defines the respective rights and obligations of the Contracting Parties concerning the service(s) carried out by the company TRANSPORT RS.
The Seller reserves the right to modify or to adapt at any time and without notice the present general conditions of sale, in particular, to put them in conformity with the statutory legal provisions. The Customer is thus invited to consult them in a regular way and before any reservation of service.
The general terms and conditions applicable to each service will be those applicable on the day of the final validation of the service by the Customer.
By signing the agreement, or the quotation, or the order form or by accepting the order confirmation, the Customer expressly acknowledges having read and accepted these general terms and conditions of sale. Only derogations that are subject to the Seller’s written agreement may modify the application of these general terms and conditions.
ARTICLE 2 – SERVICE
The Seller operates as an operator of chauffeur-driven passenger cars. The transport services in the framework of this activity are carried out only on reservation.
The different types of services are defined in the appendix along with their rates.
The service of renting a passenger car with driver provided by the Seller consists in the provision of a car with driver, which is inseparably linked to the services of a driver.
The service includes :
– Unlimited professional civil liability insurance for the persons transported
– Fuel
– Salary of the qualified driver as required by regulation
– Maintenance of the vehicle, except as specifically provided herein
– Mileage and time according to the estimate of departure and arrival.
– Toll fees
– Transport of the Customer’s luggage
Are not included in the service:
– Entrance fees to public or other sites and places,
– Telephone or computer communications (internet…etc ) sent or received by the customer by means of the communication tools of the vehicle and/or the driver if they are equipped with them.
– Accommodation costs for the driver in case of a long trip.
Any additional service requested by the Customer not included in the initial quote will be subject to additional billing.
If the Seller picks up the Customer at an airport or train station, the driver will wait for the Customer at the exit of the flight or train after the Customer has picked up his/her luggage and cleared customs.
If necessary, the driver will have a sign with the name of the Customer or that of his guests.
Beyond 15 minutes of waiting from the time of appointment, the Customer will be charged an additional 10€ per 15 minutes.
ARTICLE 3 – BOOKING
The reservation of a service is done :
– by phone : +33 6 21 25 21 35
– by e-mail : contact@upscaledriver.com
– by website : upscaledriver.com/booking
The reservation by phone, must take place at least 2 hours before the start of the transport service (this period may be reduced at the discretion of the Provider depending on the availability of vehicles).
However, in case of emergency and subject to the availability of drivers, the Seller will make every effort to satisfy the Customer.
Upon receipt of the reservation request, an estimate will be sent to the Customer. Estimates are valid for fifteen (15) days from their date of issue.
The reservation of the service will become contractual and will be considered firm and definitive between the Parties after return of the estimate signed by the Customer with the mention “approval”.
ARTICLE 4 – ITINERARY
An exact address of departure and arrival must be communicated by the Customer.
Changes of itinerary and detours resulting from events beyond the control of the Customer (heavy traffic, works, accidents, etc.) will not give rise to an additional charge.
Changes of itineraries and detours made at the request of the Customer are not authorized.
However, the driver, in agreement with the Seller’s management, may accept such a request if it has no influence on the handling of a subsequent customer. Any change of itinerary or detour requested by the Customer will be subject to an additional charge, the amount of which will be fixed according to the distance.
ARTICLE 5 – PAYMENT
The prices indicated by the Seller are in euros all taxes included.
Any transport service is payable at a rate of 30% at the booking and the balance to the driver once the destination is reached by the following means of payment: cash, credit card.
Any service started is due in its entirety.
In the event of late payment, late payment interest equals to 1.5 times the interest rate will be applied automatically and without prior notice.
In the event of cancellation or failure to present the Customer, the deposit will be acquired as a lump-sum indemnity without any reimbursement.
ARTICLE 6 – MODIFICATION/CANCELLATION
Cancellation or modification of the service must be addressed either in writing, by e-mail, or by telephone to the Seller, at the latest 48 hours before the planned date of completion.
If the 48 hours deadline is not respected, the deposit paid will be acquired by the Seller.
ARTICLE 7 – ROAD CODE – RULES INSIDE THE VEHICLE
Drivers are instructed to respect and enforce the traffic regulations and laws in force.
Thus, in all cases, the Customer may not require the driver to exceed the authorized speed limit or commit traffic violations.
The Customer undertakes to :
– maintain a correct attitude, not to smoke, not to consume narcotics or alcoholic beverages inside the vehicle,
– Wear your seat belt,
Failure to comply with these rules will exonerate the Seller from any responsibility in case of accident.
The Seller reserves the right to stop the execution of the service or to refuse access to the vehicle to the person with aggressive, disrespectful, vulgar or insulting behavior towards customers, passers-by, road users or the driver.
This stop or refusal of the service will result in the invoicing of the totality of the service and will not give right to any compensation.
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 the doors or windows by the Customer will be invoiced to him.
The provision and consumption of food and beverages, other than those made available to the Customer, if any, by the Seller, are not accepted in the vehicle unless the driver’s prior agreement.
No animal will be accepted in the vehicle except in a cage or an airtight container provided for this purpose. The acceptance of any animal in the vehicle remains at the sole discretion of the driver.
Gratuities are neither included nor mandatory. They are left to the discretion of the Customer.
In the event of a long journey, rest periods will be provided in accordance with the regulations in force.
ARTICLE 8 – LUGGAGE – PERSONAL EFFECTS – LOSS – THEFT
The number of luggage carried is proportional to the volume of the vehicle’s luggage compartment. Therefore, it 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 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 the responsibility of the Customer. Any fragile objects that may be present in the luggage remain under the sole responsibility of the Customer.
The Seller shall not be held liable in the event of loss, theft or omission of luggage or any other object in the vehicle.
ARTICLE 9 – CLAIM
Any complaint must be made in writing and justified within one week, by registered mail with acknowledgement of receipt sent to the Seller’s head office.
After this period, no dispute will be taken into account.
ARTICLE 10 – MAJOR RISK
The Seller shall not be held liable if the non-performance or delay in performance is due to a case of major risk.
ARTICLE 11 – COMPLETE TERM OF USE
In the event that one of the clauses of the present term of useis declared illegal or unenforceable, by a change in legislation, or by a court decision that has become final, the nullity or unenforceability would be strictly limited to the said clause, and would in no way affect the validity of the other stipulations.
ARTICLE 12 – NON WAIVER
The non-application by the Seller of any of the stipulations of the present general conditions does not imply a renunciation on its part to take advantage of them at any time and does not affect the validity of all or part of these conditions.
ARTICLE 13 – DISPUTE
For all disputes that may arise between the parties concerning the interpretation or execution of the present document, the undersigned undertake to submit their dispute to the Commercial Court of BOBIGNY.