General Terms and Conditions of Use
– The company NICE DRIVER – SAS with a capital of 1 euros
Head office : 869 route de Sciaminier 06710 Malaussène
RCS NICE number 797 951 290 – Intracommunity VAT number: FR00797951290
E-mail address : email@example.com
Here in after referred to as the “Provider”
– and, on the other hand, any user of the website, consumer or professional,
Here in after referred to as the “User”.
The Site is accessible by the User 24 hours a day, 7 days a week and all year round, except in case of maintenance operations.
The community personal assistant set up by the company NICE DRIVER within the framework of the software application mentions the following information:
- Legal mentions allowing a precise identification of the company NICE DRIVER: recalled above,
- Scope – Purpose of the general conditions of use, the validity period of the offer and the price;
- Presentation of the essential characteristics, the proposed services and the prices;
- Indication, in French currency of the price of the services;
- Indication of the methods of payment and execution of the service;
- The existence of a right of withdrawal;
- Use of personal data,
- Applicable law/complaints and disputes
All this information is presented in French.
Article 1 : Who are we ?
NICE DRIVER provides a web solution for the reservation of vehicles with driver, via a reservation system of orders which puts in contact professional drivers and people wishing to make an urban trip by car in order to reserve directly between them a transport service.
The transportation resulting from this reservation is carried out by a driver, who carries out the services ordered by the user of the NICE DRIVER website.
The purpose of the present General Conditions is to define the conditions of use of the application and the conditions of realization of the Service, accepted by the driver and the Provider.
Article 2 : Definitions :
Community Professional Assistant :
User : The person taking the order on his own behalf or on behalf of others via the software application,
Driver : A driver is the natural person in charge of the transportation service and the driving of the user(s).
Trip : a journey from point A to point B, made by a Driver.
Reservation : means any transportation service reserved by the User on the Website.
Vehicle : means the vehicle that will be used during the execution of the service.
Payment on Board: means the possibility to pay (by credit card or cash) the Driver before or after the trip has started.
Website : means the website available at the following address: https://nice-driver.com/
3.1. Consultation and prior acceptance of the general conditions of use:
The community personal assistant has been set up by the company NICE DRIVER.
Any use of the reservation service supposes the consultation and the preliminary acceptance of the present General Conditions of Use.
The validation of each race of the user and its acceptance by the driver is thus worth reiteration of the acceptance of the driver of these General Conditions.
Consequently, the consumer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, insofar as the user wishes to order online or by telephone the services presented within the framework of the site NICE DRIVER.
The “double click” of the consumer under the reservation constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
At each reservation, he reiterates his acceptance of the present general conditions by clicking on “validate”.
Any reservation not validated cannot be honored.
The double click and the acceptance of the general conditions of use constitute an irrevocable acceptance without reserve of the reservation by the user.
The company NICE DRIVER advises the user to save and/or to print the present general conditions of use for a sure and durable conservation, allowing him to be able to invoke them at any time during the execution of the contract if need be.
3.2. The general conditions of sale express the entirety of the obligations and rights of the parts :
The General Conditions of Use express the entirety of the obligations and rights of the Parties.
In this sense, the user is deemed to accept without reservation the entirety of the provisions set out in these General Conditions. The present General Conditions apply to the exclusion of all other conditions and in particular those applicable on the site.
3.3. Legal capacity to commit :
Is User, under the General Conditions of Sale, any natural person, aged at least 18 years or having the authorization of the person entitled to the date of validation of his order and having the legal capacity to contract.
This offer is exclusively reserved for individuals and/or professionals, natural persons or legal entities (in the case of professionals) not acting on behalf of third parties. Any person ordering reservations via the site therefore undertakes to use the reservations for his or her own account, unless otherwise agreed by the CLIENT, whether for personal or professional purposes. The user must not use the Site for commercial purposes or reservation services, nor in an illegal manner or in a way that harms NICE DRIVER or its partners, distributors, service providers or suppliers or any other customer.
By accepting the General Conditions of use and/or by clicking on the icon of the Site confirming his reservation, the User recognizes to have the full legal capacity to commit himself under the General Conditions of Sale.
Any reservation made must correspond to the normal needs of a household concerning a natural person consumer.
3.4. Entry into force and duration of validity of the general conditions of use :
The present General Conditions are concluded for the duration necessary to the supply of the subscribed services, until the extinction of the guarantees and obligations due by the company NICE DRIVER.
The company NICE DRIVER reserves the possibility of adapting or modifying the present general conditions of use at any time. In this case, only the general conditions of use in force at the time of the reservation will be then applicable.
3.5. Geographical area of coverage of the offer :
The coverage area of the offer is metropolitan France and Italy.
Article 4 : The reservation
4.1. Booking via the website
The reservation of the Service does not require the creation of a customer account
Information will be requested from the User to continue his reservation (First name, Last name, Address, Telephone, Emai) in order for NICE DRIVER or the Driver to contact the User at the meeting point.
The User must enter at least one means of payment and has the possibility to enter several. The bank details recorded will be kept by the secure banking organization “STRIPE”; the User authorizes in advance his bank to debit or credit his bank account for the amount appearing on the statements sent by NICE DRIVER, corresponding to the invoice issued at the end of the daily Transfer.
In the case of a payment on board, it is still necessary that the User enters his bank card. It can be debited only if the payment is not paid on board the vehicle.
The User undertakes to provide true and sincere information and to inform the company NICE DRIVER of any change concerning them. The User guarantees the truthfulness and the accuracy of the information he communicates. The reservation can be validated only after the express acceptance of these General Conditions by the Customer.
This personal information is necessary for the management of the reservations and for the commercial relationship between NICE DRIVER and the Customer. Consequently, the failure to provide the requested information is equivalent to giving up the reservation.
NICE DRIVER could not be held responsible for possible data entry errors and the consequences which would result from it such as a delay and/or an error. In this context, all the harmful consequences of this error will be entirely at the expense of the Customer.
Similarly, NICE DRIVER cannot be held responsible for the consequences arising from the production of false documents or false information by the user at the time of his reservation in case of non-updating by the user of his personal situation, which may justify from the knowledge by NICE DRIVER of these facts the cancellation of the order by NICE DRIVER.
Proposed vehicles :
The proposed vehicles comply with the standards of the VTC legislation and are of various models. The customer will have the choice among several categories of vehicle, such as sedan or luxury van.
The service is open 24 hours a day, seven days a week, and is only available by reservation, in advance or for a “fast start”.
Advance Reservations :
In the case of an advance reservation, the Client may order a vehicle from the Company before the date and time of departure of the trip in question.
This reservation must be made within 365 days and at least 30 minutes before the scheduled departure time.
The Customer shall indicate the date, time, place of departure and final destination, any other particulars of the trip (scheduled waiting time, additional information on the meeting place, choice of extras and choice of type of trip), as well as the first name of the Passenger.
Depending on the number of orders already registered for the date and time chosen, the Company reserves the right to refuse additional advance reservations depending on the availability of drivers.
The Company registers the order and takes into account the search for the vehicle.
4.2. Method of payment of the order :
The company NICE DRIVER requires a payment by credit card or by bitcoin on the website before the acceptance of the reservation.
The company NICE DRIVER reserves the right to suspend any reservation management in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment.
The company NICE DRIVER reserves in particular the right to refuse to honor a reservation emanating from a user who would not have regulated totally or partially a previous reservation or with which a dispute of payment would be in the course of administration.
The occurrence of an unpaid reservation due to fraudulent use of a credit card will result in the registration of the details corresponding to the reservation of the user associated with this unpaid reservation in a credit card payment incident file.
An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the Data-processing law and Freedoms of January 6, 1978, the User has, at any time, a right of access, of correction, relating to his personal data by writing, by e-mail and by justifying his identity, to the company NICE DRIVER: firstname.lastname@example.org
4.3. Proof of the transaction
The computerized registers, kept in the computer systems of the company NICE DRIVER in reasonable conditions of safety, will be considered as the proofs of the communications, the orders and the payments occurred between the parts.
The archiving of the invoices by the company NICE DRIVER is made on a reliable and durable support which can be produced as proof during the time of the commercial guarantees of the purchases.
The company NICE DRIVER invites the user to print and / or file on a reliable and durable support the order confirmation, and this, as proof if necessary.
Article 5 : guarantees and responsibilities on the services of the company NICE DRIVER:
NICE DRIVER is committed to the good execution of the service towards the customer.
The customer must have a civilized and courteous behavior.
The responsibility of NICE DRIVER could not be committed for the non-performance or the bad performance of the contract concluded in case of force majeure, of occurrence of a fact attributable to the user or of any unforeseeable and insurmountable inconvenience, damage inherent in the use of the Internet network, in particular a rupture of the service, an external intrusion or the presence of computer viruses.
Article 6 : The service of transport by the NICE DRIVER:
NICE DRIVER takes care of the reception of the reservation and the recovery of the customer before the transport of this one towards its point of arrival!
6.1. Course of the service
– Goes to the departure address indicated at the time of his order,
– Introduces himself to the driver as the customer by giving his first name,
6.2. Absence – delay – waiting for the user – cancellation of the race:
The client must present himself to the driver as soon as the vehicle arrives at the departure point at the agreed time.
When the driver arrives at the place and time of the appointment, in case of absence of the user, the driver must contact the customer three times and wait 10 minutes before claiming to cancel the race for an early race.
In case of absence of the user, the waiting time of the driver is not charged during the first 10 minutes following the arrival of the vehicle at the departure point.
Beyond 10 minutes of waiting, the additional minute will be charged at 1 €, the driver is entitled to cancel the race for no show of the customer. In this case, the customer will have to pay the entire amount of his race, in the case of a “departure in advance”.
6.2.1. The Customer can cancel the reservation made as from 14 days maximum after the reservation.
The Customer has, in accordance with the law, a period of retraction of 14 days as from the conclusion of the contract to exercise his right of retraction with NICE DRIVER
The right of retraction can be exercised by e-mail at the address: email@example.com
Order of a race “reserved in advance
A race “reserved in advance” is a race for which the customer fixes the time of appointment at the time of the order taking.
For an advance reservation, the modification of the meeting time or place, as well as the cancellation of the race are free of charge until one hour before the scheduled departure.
Beyond 10 minutes of waiting, the additional minute will be charged at 0.40 €, the driver is entitled to cancel the race for no show of the customer. In this case, the customer will have to pay the entire amount of his race.
Any cancellation occurring less than one hour before the scheduled departure will be charged in full, if the driver has already accepted the trip.
Any modification of the initially planned trip (waiting, parking, additional stop, change of destination address, toll charges…) will result in additional charges that will be integrated in the final invoice. For each modification, the customer is invited to ask the driver to indicate the price.
The company is not responsible for the modification of the driver’s waiting time, as traffic conditions can change very quickly and unpredictably. If this modification leads to a cancellation from the Customer, NICE DRIVER will not be able to refund the expenses.
It is the same for the reservations which cannot be made because of demonstrations or other public event leading to a modification of the traffic.
6.3. Rules of behavior of the user:
The Customer agrees to behave in a civilized and courteous manner on board the vehicle.
Passengers are required to fasten their seat belts under penalty of fine in case of control by the police.
For safety reasons, smoking and the transport of flammable, explosive, corrosive or toxic substances are prohibited. Failure to comply with this stipulation will engage the responsibility of the Client and the passenger. The Company reserves the right to take any action.
The Driver may also refuse to pick up the Client due to the user’s behavior (state of inebriation, presence of an uncaged animal, danger to the safety of the Driver and the vehicle, etc.) or incorrect information provided by the Client.
In the event of damage to the exterior or interior of the vehicle caused by the user or the persons he/she is transporting, the cost of repairing the vehicle or changing the equipment will be automatically and directly billed to the user by the Driver upon presentation of the receipts.
The cost of cleaning due to vomiting in the vehicle by the user or the persons he/she is transporting with him/her, will be invoiced to the client by the driver and will be debited from the client’s bank account for the fixed sum of 200 €.
6.4. Luggage – personal effects :
The maximum number of passengers per vehicle is 3 people for cars and up to 7 people for vans.
The total volume of the luggage is limited to the capacity of the vehicle.
NICE DRIVER cannot be held responsible for any loss of luggage during or after the ride.
The personal effects of the user are under his responsibility and NICE DRIVER could not be held responsible for the loss or the deterioration of his effects.
The luggage must be deposited in the trunk of the vehicle. The luggage remains under the whole responsibility of the Customer. No luggage can be entrusted to the Driver. The Driver may refuse to accept luggage that is too heavy or too large, or that he/she considers detrimental to the safety of the transportation.
In the event that a driver retrieves an object lost by a user in one of the vehicles, he will inform the company NICE DRIVER. The user’s step will be to come and recover the object at the place designated by NICE DRIVER at his own expenses. The object will be kept for 12 months and then will be given to a charity. Any report of lost objects must be reported via the address: firstname.lastname@example.org
6.5. Racing with Extras:
The User can request extras during these races.
Extras included (to be checked during the reservation) :
- Bottle of water
Additional extras :
- Bottle of champagne (75€ extra)
Child seats :
-car seat: 0 – 6 months / 6months – 2years / 2years and more
More time :
The Nice Driver company offers longer outings in order to discover the surroundings to the customers, several types of these services exist:
- 1h extra (80€ extra)
- 2h extra (150€ extra)
- 5h extra (350€ extra)
- 9h extra (600€ extra)
Article 7 : Pricing
The rates are established according to the economic conditions currently in force, the schedules and the type of selected service. They may change at any time.
Any modification of the elements used to establish the rate by the user on the day of the service can lead to the application of another rate (example: extension of the duration of the service, additional mileage, change of destination…).
The price is indicated including VAT at the current rate.
Article 8 : Payment and Refund
The prices mentioned at the time of the reservation are expressed in Euros including VAT.
The user will receive a receipt by email of his reservation.
The user will also receive the invoice in case of payment on board.
8.1. METHODS OF PAYMENT ONLINE, BY TELEPHONE AND ON BOARD :
Payment for the services offered online is made by secure electronic payment by credit card via the STRIPE system. The transaction is carried out by the customer according to the banking security standards.
Grâce au système de cryptage, les coordonnées bancaires (numéro de carte bancaire et date d’expiration) communiquées par le client ne peuvent être interceptées par un tiers.
Thanks to the encryption system, the bank details (credit card number and expiry date) communicated by the customer cannot be intercepted by a third party.
Online payment by card uses the STRIPE protocol, which means that the information transmitted is encrypted by software and cannot be read during transport on the network.
By communicating his/her bank details, the client accepts in advance and unconditionally that the COMPANY proceed with the secure transaction. The user thus authorizes in advance his bank to debit his account at the sight of the recordings or the statements transmitted by the company NICE DRIVER, even in the absence of invoices signed by the hand of the card holder.
In case of payment on board, the customer commits himself to present the payment to the driver, before the departure of the race via a payment on board.
The types of payment are :
– In cash: the customer agrees to provide the exact amount of the trip.
– In credit card: the customer agrees to have the necessary funds.
If the client fails to do so, the driver reserves the right not to carry out the service.
8.2. Refunds and claims :
Refunds are made via the STRIPE system within 10 days.
In the event of a claim for a refund, the cancellation of a payment or an unpaid amount, the Customer must contact : Within 48 hours, working days
- by email : email@example.com
Article 9 : Intellectual property
The Company is the exclusive holder of all intellectual property rights and copyright relating to the structure and content of the website (graphics, images, texts, logos, databases, programs, software), and this for the whole world.
The trademarks and logos on the website are the exclusive property of the Company, with the exception of the trademarks and logos of the Company’s partners.
Any redistribution, reproduction or total or partial marketing of the content, in any form whatsoever, is strictly forbidden, except with written authorization from NICE DRIVER.
Article 10 : Personal data
The information collected by the Company within the framework of the Service is subject to computer processing intended for the implementation of the said Service, in particular the identification data of the customer as well as the information relating to the transport services ordered and carried out. This information is necessary for the Company to process orders. It is recorded in the Company’s customer files.
The Company undertakes to ensure the confidentiality of personal data provided by the client.
The client agrees, upon registration of his/her e-mail address, to receive by e-mail any newsletter sent by the Company. If the client no longer wishes to receive said newsletter, he/she may unsubscribe at any time by clicking on the link provided for this purpose at the bottom of each newsletter sent or by sending a written request to the addresses given below.
In accordance with the law “Informatique et Libertés” of January 6, 1978, the customer has a right of access, modification, rectification and deletion of personal data concerning him.
For any request, the User must address himself :
- by email: firstname.lastname@example.org
Article 11 : Cookies
However, this deactivation will result in preventing access to certain features of the site allowing to personalize the services offered by NICE DRIVER.
When the user navigates on the NICE DRIVER site, cookies from partner companies may be placed on the customer’s computer. The purpose of these cookies is to identify the items consulted or purchased on the NICE DRIVER site and to collect navigation data in order to personalize the advertising offer which is addressed to the user outside the NICE DRIVER site.
Within the framework of this type of advertising partnership, NICE DRIVER can be brought to transmit to the partner data concerning the articles consulted by the user during his navigation on the site of NICE DRIVER as well as the nature of his purchases.
The user can refuse these cookies at any time by selecting the appropriate settings in his browser. This refusal will result in preventing access to certain features offered by the partner companies of NICE DRIVER.
Article 12 : Applicable law and jurisdiction
These general conditions are governed by French law.
Any dispute which could arise as for the interpretation or the application of the general conditions of sales must be primarily settled amicably by the Parties.
In the absence of amicable settlement, the dispute may be brought before the Commercial Court of NICE.