General Terms and Conditions of Sale and Use
You can download these terms and conditions in PDF format by clicking on the following link: Terms and conditions – Transport Bellenge
Article 1 – Identification
TDB, whose registered office is located at 3269 Route des Allobroges 73310 SERRIERES-EN-CHAUTAGNE (FRANCE).
hereinafter referred to as “TDB”, a name which includes the Platform and the company which owns it.
Article 2 – Purpose
The TDB Platform enables the reservation of cars with a maximum capacity of seventeen (17) seats, including the driver, to carry out a journey, a tour or the provision of a vehicle and its driver, upon reservation. TDB is an intermediary company that uses partner transport companies with the status of transporters and registered in the register mentioned in article L1421-1 of the French Transport Code, or with the status of operator of chauffeur-driven transport vehicles (VTC) and registered in the register mentioned in article L3122-3 of the French Transport Code.
The User wishes to use this service, and the present Terms and Conditions
being the sole contractual link between TDB and the User.
The purpose of these General Terms and Conditions is to define the conditions for booking, paying for transport, registering and using the Platform.
These terms and conditions must be respected by all users of the platform. They must be accepted before any registration.
This acceptance will consist of the User checking the box corresponding to the following sentence: “ I acknowledge having read and accepted all the general terms and conditions of the site ”. This act of checking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of the automatic recording systems of the editor of the present site as proof and, unless he/she provides proof to the contrary, waives the right to contest them in the event of litigation. Acceptance of these terms and conditions implies that Users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors.
The applicable conditions will be those in force on the date of purchase by the Customer. www.transport-bellenge.com reserves the right to modify its general conditions at any time.
Article 3 – Definitions
In the present document, the terms below have the meanings given to them herein:
Ordering party or Intermediary: refers to TDB, which puts passengers and carriers in contact with each other.
TDB: company operating under RCS registration number 41951369200071 which markets the service of transporting the User, by its own means and those of partner carriers, from a point of departure to a point of arrival, in accordance with the User’s reservation. TDB is a company specializing in public road passenger transport and in bringing together customers and carriers. TDB acts as an Order Giver within the meaning of the law when the User wishes to use occasional public transport and as an intermediary when the User books a VTC. In this capacity, TDB is registered as an intermediary and has taken out professional liability insurance.
Platform: the www.transport-bellenge.com website and all its pages.
Carrier: a company or self-employed person who is a partner of TDB and complies with the legal and regulatory conditions for carrying out the activity of transporting people by road.
User: The Internet user visiting and using the www.transport-bellenge.com website.
Article 4 – Contract
The present terms and conditions must be respected by all Users of the Platform.
They are the sole contractual link between the User and TDB.
Article 5 – Access to the Platform
The Platform is available online free of charge. The User may create an account.
The User must have Internet access and the necessary equipment, in particular a computer, Smartphone, modem or any other connection tool enabling connection to the Internet.
To benefit from the service offered by TDB, the User must have a recent Internet browser (Internet Explorer 10.0 or higher; Firefox, latest version; Safari, latest version; Google Chrome; Opera, latest version, etc.).
All costs relating to equipment, Internet connection and use of the Platform are the sole responsibility of the User.
The User declares that he/she is aware of the characteristics and limitations of the Internet as described below:
- Data transmission over the Internet is relatively unreliable, and no one can guarantee that the Internet will function properly;
- That TDB has taken significant measures to secure access to the Platform, but that data circulating on the Internet may be subject to misappropriation, and that the communication of passwords, confidential codes and, more generally, any sensitive information is carried out by the User at his or her own risk;
- That the Internet is an open network, and information transmitted by this means is not protected against the risks of misappropriation, fraudulent, malicious or unauthorized intrusion into the User’s information system, piracy, unauthorized alteration or extraction of data, modifications, malicious alteration of programs or files, or contamination by computer viruses. That it is therefore the User’s responsibility to take all appropriate measures to protect its own data and/or software stored on its servers from contamination by viruses and from attempts by third parties to gain access to its computer system via the access service.
As a consequence of the foregoing, and with full knowledge of the characteristics of the Internet, the User waives any liability on the part of TDB for one or more of the facts or events mentioned above.
The User acknowledges having been sufficiently informed by TDB as to the computer requirements for accessing the Platform.
Article 6 – Registration
6.1. Obligation to provide information
The User acknowledges that he/she has checked the suitability of the Platform for his/her needs and that he/she has received from TDB all the information and advice he/she required to register in full knowledge of the facts.
6.2. Duration
Registration is valid for an indefinite period, and the User may request that his/her profile be deactivated at any time by sending an e-mail to didier@transport-bellenge.com. The Parties are bound by the present contract as of the date of account activation.
6.3. Registration conditions
In order to register on the Platform, the User must be at least 18 years of age. The User certifies that the information provided is accurate.
Registration on the Platform is free of charge.
6.4. Account creation
TDB accounts are created directly by the User.
The information transmitted and/or communicated by the User on the TDB Platform is the User’s responsibility. Under no circumstances may TDB be held responsible for the non-veracity of information transmitted and/or communicated by the User.
The account can only be used by the registered User. User IDs and passwords are strictly personal and confidential. The User undertakes to keep them secret and not to divulge them. The User must log off at the end of each connection session to the Platform.
In the event of loss or theft of the User ID or password, the User must notify TDB without delay.
Article 7 – User obligations
7.1. Use of the Platform
It is the User’s responsibility to provide accurate information when creating an account.
The User must take great care in entering the date, time and route required. If this information is inaccurate, TDB cannot be held responsible for any missed or delayed journey.
7.2. Punctuality
The User undertakes to be punctual for the appointment set by the Carrier via TDB and to inform TDB in the event of delay or cancellation.
7.3. Behaviour during transport
The User is solely responsible for his/her behavior during transportation. He/she is requested to respect the driver and other passengers where applicable.
The User and other passengers must wear seatbelts. It is strictly forbidden to encourage the driver to commit infractions, in particular speeding.
It is strictly forbidden to smoke during the journey, to damage the vehicle or to consume alcohol or any narcotic substance. It is forbidden to carry weapons or dangerous materials on your person or in your luggage. The User is informed that the driver may refuse any passenger who is under the influence of alcohol or drugs, or who shows signs of behaviour dangerous to himself or to other passengers. Neither the Carrier nor TDB may be held liable if the journey cannot take place for these reasons.
If several complaints concerning the same User are reported by Carriers, TDB reserves the right to close the User’s account without notice and without compensation.
7.4. Respect for property rights and copyright protection
Unless otherwise stated, the elements accessible on the Platform, databases, management tools, site pages, texts (with the exception of those posted by third parties and clearly identified as such or accessible by hypertext links), and more generally all information made available to the User are the full, entire and exclusive property of TDB. The User undertakes not to make any use thereof without the authorisation of TDB.
The User is hereby informed that the Site and Platform are the property of TDB. The User undertakes not to
- Copying or reproducing all or part of the Site and/or Platform by any means and in any form;
- Use the Site and/or Platform other than in accordance with the strictly interpreted stipulations of these GTC.
The User’s Registration confers only a personal, non-transferable and non-exclusive right of private use.
7.5. Liability
Failure by the User to comply with the points set out above shall entitle TDB to close the User’s account without notice, compensation or damages of any kind. TDB reserves the right to take legal action against the User.
Article 8 – Booking and payment for journeys
8.1. Booking
At the time of each reservation, the User transmits a certain amount of information without which the trip cannot take place: number of passengers, departure time, place of departure, destination, luggage, number of passengers, ….. If this information is incomplete or erroneous, the User is informed that the transport may be cancelled at his expense and not reimbursed. TDB or the Carrier cannot be held responsible.
The Platform allows you to calculate the expected time to complete the journey. The departure time may be adjusted according to forecast transport conditions. The departure time indicated by the Platform is for information purposes only, and TDB cannot be held responsible if the time indicated does not enable you to arrive at your destination on time. If in doubt about the departure time, the User may contact TDB by e-mail at didier@transport-bellenge.com.
If the User books for two (2) or more passengers, he/she acts as agent for the passengers for whom he/she is booking. He/she is responsible for their compliance with the GCS.
If the User chooses collective transport, he will be informed of the possible waiting time before payment of the fare. In the event of underfilling, the User will be offered other times for his transport. The User is informed that the choice of collective transport may entail up to one hour’s waiting time for the group to assemble before departure.
Once the User has provided this information, the fares will be shown.
If the User wishes to validate his/her order, he/she must tick the box indicating that he/she accepts the present terms and conditions of sale and click on the validation button. Once the User has completed the form, he/she will be redirected to the online payment interface.
Payment is made in full as soon as the order is placed.
Once the booking has been paid for, the User receives an invoice by email, together with the present General Terms and Conditions of Sale and the transport ticket to be printed and presented to the Carrier on the day of the journey.
Any modification concerning an element of the reservation must be transmitted at least 48 hours before the date of transport planned at the time of reservation. Acceptance of the modification will be confirmed by TDB by e-mail, and may give rise to the payment of a supplement.
8.2. Payment for a journey
The price is determined according to distance, schedule, waiting time, etc.
Trips are sold on a per-ride basis for journeys made with VTCs, and on a per-seat basis for public transport.
The price is transmitted by TDB “All taxes included”.
The User is informed of the difference between day and night fares (night fares: between 8pm and 7am. 20% more than the day fare).
The number of pieces of luggage allowed varies according to the type of vehicle. This figure is indicated on the TDB website. In the case of shared transport (collective), the maximum number of pieces of luggage is two per person.
Any additional baggage, if it can be transported, will give rise to the payment of a supplement, the price of which is indicated on the TDB website. If the User fails to declare baggage, he/she is informed that the Carrier may not be able to carry out the journey. If transport can take place, a supplement equal to 3 times the normal transport price for the additional baggage will be invoiced and collected in cash directly by the driver. TDB reserves the right to cancel the account of any User who fails to declare in advance the actual number of baggage items to be picked up.
Payment is made directly on the Platform at the time of booking, by credit card. The payment method is secure. After a few moments, the Internet user will receive an order confirmation e-mail, reminding him/her of the contents of the order and its price. These documents can also be downloaded immediately from the site.
Any additional requests after booking must be made by e-mail in advance, and may give rise to a supplement paid directly to the driver. Any change to the route, whether to the pick-up or drop-off point, or to the number of services requested, will give rise to a flat-rate supplement, the price of which will be communicated by e-mail.
8.3. Cancellation and delay
The User may cancel the reservation up to 24 hours before the scheduled departure time.
The User is informed that cancellations made up to 48 hours before departure will incur a €25 administration fee, cancellations made between 48 hours and 24 hours before departure will incur a 50% cancellation fee, and cancellations made less than 24 hours before departure will not be reimbursed.
If the User does not arrive at the departure point on time, he/she undertakes to inform TDB as soon as possible. If the chosen mode of transport is private transport, the journey may be cancelled if it is more than 45 minutes late. If it can take place because the Carrier is still available, the passenger may be asked to pay a supplement of €50 (incl. VAT) per hour of waiting time.
If the chosen mode of transport is shared transport (collective) and the shuttle has already left, TDB will offer a private transport which must be paid for by the User. If other collective transport is possible, the User will only have to pay 50% of the price.
Whether the transport is private or shared, any absence or delay at the place of departure, more than 15 minutes for shared transport, 45 minutes for private transport, will not be reimbursed except in cases of force majeure.
If the trip cannot take place due to a delay of more than thirty (30) minutes on the part of the Carrier or due to a failure on the part of TDB or the Carrier, the registered User will be reimbursed the full amount paid. As an exception to the above, in the case of group transportation, the User is informed that he/she may wait up to one (1) hour for all passengers to assemble.
Refunds, whether total or partial, are made by bank transfer to the account that was debited at the time of payment.
All cancellations must be sent to didier@transport-bellenge.com.
8.4. Complaints
Any complaint concerning transport and any request for reimbursement must be sent to TDB no later than seventy-two (72) hours after the journey. No action will be taken on complaints received after this deadline. If the complaint is sent within 72 hours of the journey, TDB has a period of fifteen (15) days to inform the User of the action that will be taken.
Article 9 – Responsibility of TDB
9.1. Responsibility for Transport
TDB undertakes to arrange for a Carrier to pick up the User at the place and time indicated by the User, and to transport the User and his/her luggage to the planned destination.
If the User chooses collective transport, the User is informed that he/she may have to wait up to one (1) hour for the transported group to be assembled at the departure point.
The User is informed of the clauses limiting TDB’s liability in article 9.3 below.
The Carrier is liable only for bodily injury and property damage suffered by the User and/or third parties, in accordance with the conditions of common law applicable to contracts for the carriage of passengers by vehicle. The User is solely responsible for any damage, internal or external, caused to the vehicle as a result of his/her behavior. In the event of damage to the vehicle caused by the User, the Carrier, via TDB, will invoice the User for the cost of repairing the vehicle or changing the equipment.
The Carrier may add drivers to vehicles without notice to Users and for any reason whatsoever.
9.2 Responsibility for Platform availability
The Platform is accessible 24 hours a day, 7 days a week. TDB will use its best efforts to ensure that the Platform operates reliably and continuously, but cannot guarantee uninterrupted and error-free operation. In particular, the User acknowledges that no one can guarantee the smooth operation of the Internet.
The User undertakes to inform TDB within 24 hours of discovering a technical malfunction preventing him/her from using the Platform.
Only TDB and its service providers may intervene on the Platform. The User shall refrain from intervening himself or having a third party intervene for this purpose.
In the event of interruption of service by TDB due to corrective maintenance, TDB will make every effort to remedy the malfunction as quickly as possible.
In the event of ongoing maintenance of its platform, TDB may also temporarily interrupt access.
As access to the Platform is free of charge, the User undertakes not to claim compensation or damages from TDB in the event of interruption or stoppage of the service, whether temporary or permanent.
9.3 Limitation of liability
TDB and the Carrier cannot be held responsible for delays or cancellations caused by missing or erroneous information provided by the User.
Luggage remains the responsibility of the User. TDB cannot be held responsible if luggage is forgotten or stolen. The Carrier is obliged to respect its compensation obligations in the event of damaged hold baggage.
TDB does not guarantee that the Platform will be free from anomalies or errors, nor that these can be corrected. TDB cannot be held responsible for the unavailability of the Platform.
Registration on the Platform is free of charge. TDB may not be held directly or indirectly liable for any prejudice whatsoever caused to the User or a third party as a result of using the Platform, whatever the cause.
The User is aware of the inherent limitations of the Internet and uses the Platform at his/her own risk.
Article 10 – Force majeure
In the event of cancellation due to weather conditions (weather warning for the region, helicopter flight impossible due to weather conditions, etc.), strike (by the Carrier, or preventing traffic) or any other event (roadworks, etc.) making it impossible to travel on the User’s route, neither TDB nor the User may be held responsible.
Neither TDB nor the Carrier may be held liable in the event of delay, cancellation or any other damage caused by the User himself, a third party or a force majeure event.
TDB cannot be held responsible for any interruption to the Internet network.
Article 11 – Termination
The User may ask TDB to delete his/her account, just as TDB may cease its service or decide for one of the aforementioned reasons to suspend the User’s account without compensation or damages.
Article 12 – Transfer
The User expressly undertakes not to transfer, whether in return for payment or free of charge, all or part of the rights and obligations that he/she holds by virtue of his/her Registration and reservations.
In the event of a reservation, the User undertakes to be an actual passenger. It is forbidden to transfer a reservation, whether free of charge or in return for payment.
Article 13 – Insurance
Carriers must be fully insured. Each Carrier complies with its own insurance obligations in accordance with the legal regime to which they are subject.
Each Carrier and User are solely responsible for their own insurance and must check that they are properly insured before the journey.
Article 14 – Protection of personal data
The personal information requested from the User is necessary to process his/her Registration and reservations. It may be passed on to TDB’s administrative departments, to subcontractors and drivers in charge of the User’s transport, to IT service providers and to legal auxiliaries in the event of litigation.
The User is informed that he may exercise his rights of access, rectification and opposition by contacting TDB by telephone or e-mail.
Article 15 – General
The nullity of any of the clauses of the Contract, in particular in application of a law or regulation or following a decision of a competent court which has become res judicata, shall not entail the nullity of the other clauses of the Contract, which shall retain their full effect and scope between the parties.
No provision hereof shall be deemed to have been set aside, supplemented or modified by either party without a prior written act signed by the authorized officers of the parties in the form of an amendment to this Agreement, expressly deciding to set aside the application of a contractual clause, to supplement it or to modify it.
The fact that TDB does not avail itself at a given time of any of the clauses of this Contract, and/or of a breach by the User of any of its contractual obligations, may not be interpreted as a waiver by TDB of its right to subsequently avail itself of any of the said clauses or contractual obligations.