Terms and conditions of sale

Preamble

The company Fidji/Class-eDriver, registered in the Trade and Companies Register, RCS 819 258 633, with its registered office at 485 chemin de la commanderie st jean 13080 Luynes and registered with the Ministry of Ecology and Sustainable Development under number EVTC 013 163 220, offers the sale of "chauffeur-driven car hire" services to companies and private individuals.

Purpose:

These general terms and conditions of sale are entered into between :

On the one hand, Fiji/Class-eDriver (hereinafter referred to as Class-eDriver), hereinafter referred to as "the Seller".

And on the other hand, any individual or legal entity wishing to use the services of EURL Fidji/ Class-eDriver hereinafter referred to as "the Client".

Together referred to as "the Parties".

The seller reserves the right to modify or adapt these general terms and conditions of sale at any time and without prior notice, in particular to bring them into line with legal and regulatory provisions.

The customer is therefore invited to consult them regularly and before booking any service. However, the general terms and conditions applicable to each service will be those in force on the day of final validation of the service by the customer. These general terms and conditions of sale define the respective rights and obligations of the contracting parties in relation to the sale of services provided by EURL Fidji/ Class-eDriver.
By signing the agreement, the quotation or the order form or by accepting the order confirmation, the customer expressly acknowledges having read these general terms and conditions of sale and having accepted them. The application of these general terms and conditions may only be modified by written agreement of the seller.

Article 1: Services

The vendor operates a chauffeur-driven transport vehicle. In the context of this activity, seeking customers on the public highway, otherwise known as "marauding", is prohibited and transport services in the context of this activity are provided by reservation only. The different types of service are defined in the appendix. The chauffeur-driven car hire service provided by the vendor consists of the provision of a private passenger vehicle together with the services of a chauffeur.

These are included in the price of the service:
Unlimited professional liability insurance for passengers.
Fuel and the salary of the qualified driver as required by regulations.
The maintenance of the vehicle, unless specifically provided for herein.
Kilometres and time according to departure and arrival estimates.
Toll charges and the transport of the Customer's luggage.
Not included in the price of the service:
Entrance fees to public or other sites and venues (e.g. monuments, museums, exhibitions, shows, etc.).
Telephone calls made or received by the customer using the vehicle's and/or the driver's communication equipment, if fitted.
Meal expenses for the driver, in the event of service during mealtimes, in accordance with the terms set out below:

For any service lasting more than four hours (4h), when the service takes place in whole or in part during the usual lunch hour (between 12:00 and 14:00) and/or dinner hour (between 19:00 and 21:00), a flat-rate driver's meal allowance of TWENTY SEVEN Euros (27€) per meal will be invoiced.
Accommodation costs for drivers on long journeys. When the journey is long, the driver must rest en route to ensure the safety of the customer and the vehicle and to comply with the regulations in force. If the driver's service includes an overnight stay, the hours of rest (e.g. from 0:00 to 07:00 in the morning) are included in the price of the service as announced to the customer. However, the customer must pay for accommodation and breakfast. In this case, overnight accommodation and/or the driver's meal will be invoiced at a flat rate:

For accommodation ONE HUNDRED AND TWENTY Euros including VAT (120€). For breakfast TWELVE Euros TTC (12€). Similarly, before departure and after dropping off the customer at his destination, the driver may be obliged to take a night's rest. In this case, the overnight stay will be invoiced at a flat rate of ONE HUNDRED AND TWENTY Euros (120€), including VAT, and breakfast and/or dinner will be invoiced at a flat rate of TWENTY Euros (20€), including VAT.mileage and time are calculated according to the Customer's place of departure and destination.

Any pricing unit (kilometre, hour) started is due. Any additional services requested by the Customer (extra kilometres, extra hours, etc.) not provided for in the initial quote will be subject to additional invoicing. If the Seller collects the Customer from an airport or train station, the driver will wait for the Customer at the exit of the flight or train after the Customer has collected his luggage and cleared customs. If necessary, the driver will carry a sign with the Customer's name or that of his guests. In the exceptional event that the Customer does not see the driver, the Customer undertakes to contact the driver on the following number 06.77.72.35.36. If the Customer does not contact the Vendor, the Vendor will consider that the Customer has not shown up and the transfer will be cancelled. This cancellation will be governed by the provisions of Article 6 - Cancellation below. An excess of 45 minutes waiting time from the arrival time of the train or flight as indicated by the Customer at the time of booking is included in the price. Beyond this time, any waiting time will be billed to the Customer at an additional rate of €80/hour.

Article 2: Route calculation and fares

All the routes of the transport services requested, and therefore their mileage, are calculated using applications such as Michelin, Google Map and the GPS built into the driver's vehicle. Our rates are determined on the basis of these sources.
An exact start and finish address must be provided in order to calculate the route and thus the mileage. An exact address must be in the following format: number, street name, full name of the municipality. In the absence of a complete address, the furthest point in the town, district or street provided will be taken into account. Our rates include VAT at a rate of 10 % for transfers and fixed rates per kilometre and 20 % for hourly services such as making vehicles available. Rates apply to operations involving no more than 2 vehicles of the same category. Beyond that number, Class-eDriver reserves the right to increase its rates according to the type and number of vehicles requested. The prices indicated include all taxes and include the vehicle, the chauffeur service, insurance for the persons transported and fuel. Tolls and car parks not initially included in the journey remain at the customer's expense. The price given corresponds to a price per vehicle, whatever the number of people (maximum of 1 to 4 people for saloon cars and 1 to 7 people for minivans). 20 % surcharge on fares between 8 p.m. and 8 a.m., weekends and public holidays.

Article 3: Route changes

Changes to routes and detours resulting from events beyond the Customer's control (such as roadworks, bad weather, diversions, traffic jams or accidents) will not be billed to the Customer. These events may not constitute grounds for dispute or complaint. Route changes and detours made at the Customer's request are not authorised. However, the driver, in agreement with the Vendor's management, may accept such a request if it has no influence on the smooth running of the business, such as a delay in picking up a following customer. Any change of route or diversions requested by the Customer will be subject to additional invoicing, the amount of which will be fixed according to the distance.

Article 4: Booking the service

Bookings can be made by telephone, e-mail or via our website, www.Class-eDriver.com or by post. Telephone reservations must be made at least 1 hour before the start time of the transport service (this time may be reduced at the Provider's discretion depending on the availability of vehicles and the customer's pick-up time). As soon as the booking request is received, a quotation will be sent to the Customer. Quotations 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 once the quotation has been accepted by the Customer with the mention "good for agreement" as well as the payment of a deposit of :

50% when the order form is signed,
30% 15 days before the event.
The balance before the start of the assignment

Any order placed by the customer automatically implies acceptance of Class-eDriver's general terms and conditions of sale.

Article 5: Taking charge of the customer

The customer must get into the vehicle as soon as it arrives at the pick-up address, and as soon as the driver makes himself known to the customer or to his hotel reception, or at the time agreed in the case of a reservation.
If the customer is absent fifteen (15) minutes after the arrival of the vehicle with its driver at the agreed time, or if the customer waits beyond this time limit, a surcharge of €80 per hour (excluding VAT) for a saloon car and €105 per hour (excluding VAT) for a Mini Van will be applied.

For pick-ups from airports and stations, a free 45-minute wait is offered if your flight or train is delayed, after which a surcharge of €80 per hour (excluding VAT) will be applied for Saloon cars and €105 per hour (excluding VAT) for Mini Vans.

Article 6: Payment for the service for private individuals
The prices indicated by the Seller are in euros. VAT or any other duty or tax is included. All transport services are payable in cash to the driver once the destination has been reached by the following means of payment: cash, bank card. All our vehicles are equipped with Eftpos terminals to facilitate and secure payment by credit card. Payment by cheque is not accepted except for account companies.
Payments by American Express are accepted with a surcharge of 3%.

In the event that a deposit has been received by the Vendor at the time of booking the service, this will not be returned and will be retained by way of fixed compensation. Any service begun is due in full. A deposit equal to 50% of the total amount of the planned service may be required for services costing more than €300. This deposit must be paid at the latest when the Customer sends the accepted quotation with the mention "bon pour accord". The balance must be paid to the driver once the destination has been reached or at the pick-up point, using the same means of payment as indicated above. In the event of late payment, interest on arrears equal to 1.5 times the interest rate will be applied ipso jure and without prior formal notice.

Article 6.2: Payment for the service for professionals

By way of exception, for professional account customers only, invoices may be drawn up monthly on the basis of duplicate work orders drawn up for each service, countersigned by the beneficiary of the service, and must be paid within a contractually agreed period. Any delay or default in payment may automatically result in : Immediate payment of the outstanding amount. The calculation and payment of late-payment penalties calculated in the form of interest at a minimum rate equivalent to 3 times the rate of interest (in force on the date of invoicing of the sum due). After the payment deadline stipulated in the contract or, by default, in these GCS, the Customer is automatically placed in default, without prior reminder. Suspension of performance of current and future services agreed with the Customer.

Article 7: Cancellation of the service
Cancellation of the service must be made in writing either by e-mail or post to the Vendor. In the event of cancellation of a service by the Customer, cancellation fees will be charged as follows:

Vehicles with less than 9 seats :
In the event of cancellation 72 to 48 hours before the start of the service for any reason whatsoever: 30% of the total price of the service including VAT will be invoiced.
In the event of cancellation 48 to 24 hours before the start of the service for any reason whatsoever: 50% of the amount of the service including tax will be invoiced.
In the event of cancellation on the day of the service for any reason whatsoever: 100 % of the amount of the service including VAT will be invoiced.

EURL Fidji/Class-eDriver reserves the right to modify the cancellation conditions depending on the size and nature of the service booked.
Business accounts are linked by contract with identical cancellation conditions

Article 8: Highway code, in-vehicle regulations

As the drivers are liable during the service period, they are instructed to comply with and ensure compliance with road regulations and the laws in force. Under no circumstances may the Customer require the driver to exceed the authorised speed limit or to commit traffic offences. Similarly, the drivers shall refrain from lending their assistance to any undertaking or action that is contrary to morality or good manners. The Customer undertakes to behave correctly, not to smoke or consume drugs or alcoholic beverages inside the vehicle. Seatbelts must be worn both front and rear. Failure to comply with this rule releases the Seller from any liability in the event of an accident. The Vendor reserves the right to stop the service or to refuse access to the vehicle to anyone behaving in an aggressive, disrespectful, vulgar or insulting manner towards customers, passers-by, road users or the driver. If the service is stopped or refused, the full cost of the service will be invoiced and no compensation will be payable. Also, booking a vehicle does not guarantee access to the vehicle, as the driver is authorised by the Management, for safety or medical reasons, to refuse access to people with an alcohol level that he considers to be advanced or requiring specific care. Any major damage or soiling caused to the vehicle or its equipment will be charged to the Customer. Any damage to the vehicle or damage caused by the Customer inadvertently opening the doors or windows will be invoiced to the Customer. For this reason, the Vendor asks the Customer to allow the driver to open and close the vehicle doors. The bringing and consumption of food and drink, other than those made available to the Customer by the Vendor, are not accepted in the vehicle unless prior agreement has been given by the driver. No animals will be accepted in the vehicle except in a cage or hermetically sealed container provided for this purpose. The acceptance of any animal in the vehicle remains at the sole discretion of the driver. Tips are neither included nor compulsory. They are left to the Customer's discretion. When the journey is long, the driver must rest during the journey to ensure the safety of the Customer and the vehicle and to comply with the regulations in force.

Article 9: Luggage and personal effects

The amount of luggage carried is proportional to the volume of the vehicle's luggage compartment. Luggage must therefore fit in the rear boot of the vehicle and be of a reasonable size that does not compromise the safety of passengers or the driver. The weight of luggage is limited to 25 kg per passenger. In the event of luggage exceeding the weight indicated above, the Customer must inform the Vendor when booking the service. Luggage must not present any risk of damage to the vehicle. Any damage to the vehicle will be invoiced to the Customer. Luggage remains the Customer's responsibility. Any fragile objects in the luggage remain the sole responsibility of the Customer. The Vendor cannot be held responsible if luggage or any other object is lost or forgotten in the vehicle. No luggage will be accepted in the passenger compartment of the vehicle.

Article 10: Complaints

Any complaints must be made in writing within 8 (eight) days of the performance of the service by registered letter with acknowledgement of receipt sent to the Vendor's registered office. After this period, no complaint will be considered.

Article 11: Force majeure

EURLFidji/ Class-eDriver may not be held liable if the non-performance of the service or the delay in its performance results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

Article 12: Entire terms and conditions

In the event that one of the clauses of these general terms and conditions of sale is declared illegal or unenforceable by a change in legislation or by a final court decision, the nullity or unenforceability will be strictly limited to the said clause and will in no way affect the validity of the other stipulations.

Article 13: Non-waiver

The non-application by the Seller of any of the stipulations of these general terms and conditions does not imply a waiver on its part to take advantage of them at any time and does not affect the validity of all or part of these terms and conditions.

Article 14: Insurance

Class-eDriver's liability is limited to the clauses of our insurance contract. Our vehicles are insured for the transport of people and our passengers for all bodily injuries with our insurer, insurance covering professional civil liability, in accordance with French regulations, pursuant to Article L.3120-4 of the Transport Code. EURL Fidji/Class-eDriver undertakes to provide a copy of their insurance policy on request.

Article 15: Applicable law in the event of disputes
These general terms and conditions of sale, as well as all contractual relationships that may arise from them, are governed by French law. In the event of a dispute arising between the Customer and the Vendor, the Parties undertake to seek an amicable solution, taking into account the interests of each of them, before taking any legal action. Failing this, any disputes or complaints will only be taken into account if they are made in writing and sent to the Vendor within 8 days of the date of the service. In the event of a dispute, the parties expressly agree to refer to the jurisdiction of the courts of Aix en Provence.

Article 16: Information and freedom

The parties to the contract declare that they respect the obligations imposed on them by the regulations in force concerning the production of personal data, and in particular law no. 78-17 of 6 January 1978; amended by the law of 6 August 2004. Fidji/Class-eDriver undertakes to respect the privacy of its customers. Nominative information and other data communicated will not be used for any purpose other than to improve the service provided and will under no circumstances be passed on to third parties.

Article 17: Reproduction is prohibited

The content of the Class-eDriver website, the general structure, the texts, the images (animated or not), the logo, the rates and the sounds of the videos are the exclusive property of the company Fidji. Any total or partial use of the Class-eDriver.com website by any means whatsoever is prohibited and constitutes an infringement punishable by articles L.335-2 and following of the French Intellectual Property Code. Class-eDriver is a registered trademark. All rights reserved.