General terms and conditions of sale for chauffeured car transport services

SARL HERITOUR VOYAGE (07/03/2017)

Article 1 – passenger transport

1.1 Chauffeured tourism vehicle service activity

Heritour Voyage operates as a chauffeured passenger transport provider. As part of this activity, soliciting customers on the public highway or otherwise known as “street hailing” is prohibited, and transport services are provided by reservation only.

The chauffeured car rental service provided by the seller consists of making a tourism vehicle available together with the services of a driver.

The service price therefore includes:

  • unlimited professional civil liability insurance for transported persons
  • fuel
  • the salary of the driver qualified as required by the regulations
  • vehicle maintenance
  • mileage and time according to the quote
  • toll charges
  • transport of the customer’s luggage
  • 1 additional hour, billed at €100.00 incl. VAT per hour from the first hour.

The following are not included in the service price:

  • Entrance fees to sites, public places or other venues (e.g. monuments, museums, exhibitions, shows, etc.)
  • Telephone calls made or received by the customer using the vehicle’s communication equipment.
  • Driver meal expenses in the event of service during meal times under the following conditions: for any service lasting more than 4 hours and when the service takes place in whole or in part during the usual meal period (between 12 p.m. and 2 p.m. and 7 p.m. and 9 p.m.), a flat-rate “meal” allowance of €20.00 incl. VAT per meal will be charged.
  • Driver accommodation expenses in the event of a long journey: a flat-rate “accommodation” allowance of €100.00 incl. VAT will be charged for the night and an allowance of €20.00 for breakfast.
  • If the driver’s service includes an overnight stay, the rest hours are included in the service price as announced to the customer.

Mileage and time are calculated based on the customer’s departure and destination locations.

Any billing unit (kilometre, hour) started is due.

Any additional services requested by the customer (extra kilometres, overtime, etc.) not provided for 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 collected their luggage and passed through customs. If necessary, the driver will have a sign bearing the customer’s name or that of their guests. In the exceptional event that the customer does not see the driver, the customer undertakes to contact the driver at the following number: 06 85 13 15 64. If the customer does not contact the seller, the latter will consider that the customer did not show up and the transfer will be cancelled. This cancellation will be treated as a “no show” and will be due to Heritour Voyage.

1.2 - Route calculation

All transport service routes requested, and their mileage, are calculated using applications such as Michelin, Mappy and the GPS integrated into the vehicle. Our rates are determined based on these sources.

An exact departure and arrival address must be provided in order to calculate the route and mileage.

1.3 - Route changes

Route changes and detours resulting from events beyond the customer’s control (e.g. roadworks, bad weather, diversions, traffic jams, accidents, etc.) will not be charged to the customer. These events cannot constitute grounds for dispute or complaint.

Route changes and detours made at the customer’s request are not permitted. However, the driver, with the agreement of the seller’s management, may accept such a request if it does not affect the smooth running of the business, such as a delay in picking up the next customer. Any change or detour will be subject to additional billing, the amount of which will be determined according to the distance.

1.4 - Booking the service

A service can be booked by phone at 06 85 13 15 64, by email at contact@heritour-voyage.com, via our website: http://heritour-voyage.com or by post.

Telephone bookings must be made at least 2 hours before the start time of the service (this period may be reduced at the seller’s discretion depending on vehicle availability).

Upon receipt of the booking request, a quote will be sent to the customer. Quotes are valid for 30 days from the date of issue.

The booking of the service will become contractual and will be considered firm and final between the parties once the quote accepted by the customer is returned with the words “approved”.

1.5 - Payment for the service for private customers

The prices indicated by the seller are quoted in euros, all taxes included.

Any transport service is payable at the time of booking, when the customer accepts the quote, by the following payment methods: cash, cheque, bank card, or bank transfer. Heritour Voyage then undertakes to send the customer an invoice/written confirmation by email, with all the booking details.

If a deposit has been received by the seller at the time of booking, it will not be refundable and will be retained as a fixed compensation.

1.6 - Payment for the service for professionals

By exception, for professional clients, invoicing may be issued monthly based on copies of the service orders drawn up for each service, countersigned by the beneficiary of the service, and must be paid within 30 days of the issue date.

Any late payment or non-payment may automatically result in:

  • immediate payment of the outstanding amount
  • the calculation and payment of late-payment penalties calculated as interest at a minimum rate equivalent to 3 times the legal interest rate (in force on the date the amount due is invoiced). Beyond the payment deadline provided for in the contract or, failing that, stipulated in these General Terms and Conditions of Sale, the customer is automatically formally notified without prior reminder.
  • suspension of the performance of current and future services concluded with the customer.

Payment of the balance will be made to the driver once the destination has been reached.

In the event of late payment, late-payment interest equal to 1.5 times the legal interest rate will apply automatically and without prior formal notice.

1.7 - Cancellation of the service

Cancellation of the service must be sent in writing either by email or by post to the seller.

Cancellation of your service will result in charges billed to you according to the scale below, it being specified that administration fees are non-refundable:

  • More than 16 days before departure: 50% of the total amount incl. VAT
  • Between 15 days and the day of the service, and after the service: 100% of the total amount incl. VAT

1.8 - Highway Code, rules on board the vehicle

As the driver’s liability is engaged during the service period, the driver is 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 speed limit or commit offences against the Highway Code.

Likewise, the driver undertakes not to lend assistance to any undertaking or action contrary to morality or public decency.

The customer undertakes to behave appropriately and not to smoke, consume narcotics or alcoholic beverages inside the vehicle.

Wearing seat belts in both the front and rear seats is mandatory. Failure to comply with this rule releases the seller from any liability in the event of an accident.

The seller reserves the right to stop the performance of the service or refuse access to persons showing a state of intoxication that it considers to be obvious or advanced, or requiring specific care.

The seller reserves the right to stop the performance of the service or refuse access to the vehicle to any person whose behaviour is aggressive, disrespectful, vulgar or insulting towards customers, passers-by, road users or the driver.

Any damage caused to the vehicle and its equipment will be charged to the customer.

Any damage caused by the customer’s untimely opening of windows and doors will be charged to them. For this reason, the seller asks the customer to let the driver open and close the vehicle doors.

Bringing drinks and food other than those provided by the seller is not permitted unless the driver agrees.

No animals will be accepted in the vehicle except in a cage or container designed for that purpose. Acceptance of any animal in the vehicle remains entirely at the driver’s discretion.

Tips are neither included nor mandatory. They are left to the customer’s discretion.

When the journey is long, the driver must rest during the trip in order to ensure the customer’s safety and comply with the regulations in force (as a reminder, a minimum 15-minute break every 2 hours).

1.9 - Luggage and personal belongings

The amount of luggage transported is proportional to the size of the vehicle’s luggage compartment. Therefore, it must fit in the rear boot of the vehicle and be of a reasonable size so as not to compromise the safety of passengers and the driver. For safety reasons, no luggage may be placed on the rear parcel shelf of the vehicle.

The weight of luggage is limited to 25 kg per passenger. If luggage exceeds the stated weight, the customer must inform the seller when booking the service.

Luggage must not pose any risk of damage to the vehicle. Any damage to the vehicle will be charged to the customer.

Luggage remains the responsibility of the customer. Any fragile items contained in the luggage remain the sole responsibility of the customer.

The seller cannot be held responsible in the event of loss or forgetting of luggage or any other item in the vehicle.

1.10 - Complaint

Any possible complaint must be made in writing within 8 days following the performance of the service by registered letter with acknowledgement of receipt addressed to the seller’s registered office.

After this period, no dispute will be taken into account.

1.11 - Force majeure cases

The liability of SARL Heritour Voyage shall not be incurred if the non-performance of the service or any delay in its performance results from a force majeure event. For this purpose, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the Civil Code.

1.12 - Entire agreement

If any of the clauses of these general terms and conditions of sale is declared unlawful or unenforceable, whether due to a change in legislation or a final court decision, such invalidity or unenforceability shall be strictly limited to the said clause and shall in no way affect the validity of the other provisions.

1.13 - No waiver

The seller’s failure to enforce any of the provisions of these general terms and conditions of sale shall not constitute a waiver of its right to rely on them at any time and shall not affect the validity of all or part of these terms and conditions.

1.14 - Governing law in the event of a dispute

These general terms and conditions of sale, as well as all contractual relationships that may arise from them, are governed by French law.

If a dispute arises between the customer and the seller, the parties agree to seek an amicable solution that takes into account the interests of each of them before initiating any legal action.