The company Fidji / Class-eDriver registered in the commercial register of companies, RCS 819 258 633 whose registered office is 485 chemin de la commanderie st jean 13080 Luynes and registered in the register of transport car operators with driver with the Ministry of l ecology and sustainable development under the number EVTC 013 163 220, offers business and private customers the sale of a “car rental with driver” service.
These general conditions of sale are concluded between:
On the one hand, the company Fiji/Class-eDriver (cited in these terms and conditions as Class-eDriver) hereinafter referred to as “the Seller”
And on the other hand, any natural or legal person wishing to use the services of EURL Fiji / Class-eDriver hereinafter referred to as “the Client”.
Together referred to as “the Parties”.
The seller reserves the right to modify or adapt at any time and without notice these general conditions of sale, in particular to bring them into compliance with the legal regulatory provisions.
The customer is therefore invited to consult them on a regular basis and before any service reservation. However, the general conditions applicable to each service will be those in force on the day of the final validation of the service by the customer. These general conditions of sale define the respective rights and obligations of the contracting parties on the occasion of the sale of the services provided by EURL Fiji / Class-eDriver.
By signing the agreement, the estimate or the order form or by accepting the order confirmation, the customer expressly acknowledges having read these general conditions of sale and having accepted them. Only derogations subject to a written agreement from the seller can modify the application of these general conditions.
Article 1: Services
The seller operates as a transport car operator with driver. As part of this activity, the search for customers on the public highway or otherwise called “marauding” is prohibited and transport services as part of this activity are only carried out by reservation. The different types of services are defined in the appendix. The service of transport car rental with driver provided by the seller consists of the provision of a passenger vehicle inseparably accompanied by the services of a driver.
The following are thus included in the price of the service:
Unlimited professional civil liability insurance for the persons transported.
The fuel and the salary of the qualified driver as required by the regulations.
Vehicle maintenance, except as otherwise provided herein.
The kilometers and the time according to estimate departure and arrival.
Toll charges and transport of the Customer’s luggage.
Are not included in the price of the service:
Entrance fees to sites and public or other places (eg monuments, museums, exhibitions, shows, etc.).
Telephone communications sent or received by the customer using the communication tools of the vehicle and/or the driver if they are provided with them.
The driver’s meal expenses, in the event of service during meal hours, according to the methods indicated below:
For any service with an hourly amplitude greater than four hours (4 hours), when the service takes place in whole or in part during the usual lunch hour (time slot between 12:00 p.m. and 2:00 p.m.) and/or the dinner (time slot between 7:00 p.m. and 9:00 p.m.), a meal allowance for the driver is invoiced for a fixed amount of TWENTY THREE Euros including tax (€23) per meal.
The driver’s accommodation costs in the event of a long journey. When the trip is long, the driver must rest along the way 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 (example: from 00:00 to 07:00 in the morning) are included in the price of the service as announced to the customer. However, the client must pay for accommodation and breakfast. Accommodation in the event of an overnight stay and/or the driver’s meal will then be invoiced at a flat rate:
For accommodation ONE HUNDRED AND TWENTY Euros including tax (120€). For breakfast TWELVE Euros including tax (12€). Similarly, before his departure and after having dropped off the customer at his destination, the driver may be obliged to take a night’s rest. The hotel night will then be invoiced ONE HUNDRED AND TWENTY Euros including tax (€120) at a flat rate and breakfast and/or dinner will be invoiced at a flat rate TWENTY Euros including tax (€20). The mileage and time are counted according to the place of departure and destination of the Customer.
Any pricing 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 invoicing. If the Seller picks up the Customer at an airport or train station, the driver waits for the Customer at the exit of the flight or train after the latter has collected his luggage and cleared customs. The driver will have if necessary a sign in the name of the Customer or that of his guests. In exceptional cases where the Customer does not see the driver, the Customer agrees to contact the driver at the following number 06.77.72.35.36. If the Client does not contact the Seller, the latter considers that the Client did not show up and the transfer will be cancelled. This cancellation will be governed by the provisions of article 6 – Cancellation below. A deductible of 45 minutes of waiting from the arrival time of the train or flight as indicated by the Customer when booking, is included in the price. Beyond that, any wait will be subject to additional invoicing to the Customer. 80€/hour
Article 2: Calculation of the route and prices
All the routes of the transport services requested, and in doing so their mileage, are calculated using applications such as Michelin, Google Map and the GPS integrated into the driver’s vehicle. Our rates are determined based on these sources.
An exact address of departure and arrival must be communicated in order to calculate the route and by doing so the mileage. An exact address must be of the following form: number, street name, full name of the municipality. In the absence of a complete address, the farthest point of the municipality, district or street communicated will be taken into account. Our rates are inclusive of VAT, 10% VAT on transfers and packages per kilometer and 20% for hourly services of the type made available. The rates are applicable for operations not exceeding 2 vehicles of the same category. Beyond that, Class-eDriver reserves the right to increase its prices depending on the type and number of vehicles requested. The prices indicated are inclusive of all taxes and include the vehicle, the driver service, insurance for the people transported, fuel. Tolls and car parks not initially provided for in the journey remain the responsibility of the customer. The price given corresponds to a price per vehicle, regardless of the number of people (maximum of 1 to 4 people for sedans and 1 to 7 people for mini-vans). A 20% increase on prices between 8 p.m. and 6 a.m. , weekends and public holidays.
Article 3: Route changes
Changes in routes and detours resulting from events beyond the Customer’s control (such as, in particular, works, bad weather, deviations, traffic jams or accidents) will not be invoiced 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 in agreement with the management of the Seller, may accept such a request if it has no influence on the smooth running of the company, such as a delay in taking charge of a next customer. Any change of route or detour requested by the Customer will be subject to additional invoicing, the amount of which will be fixed according to the distance.
Article 4: Reservation of the service
The reservation of a service is made by telephone, email or via our website, www.Class-eDriver.com or by mail. The reservation by telephone must take place at least 1 hour before the start time of the transport service (this period may be reduced at the discretion of the Service Provider depending on the availability of vehicles and customer support) . Upon receipt of the reservation request, an estimate 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 as firm and definitive between the Parties after return of the estimate accepted by the Customer with the mention “good for agreement” as well as the payment of a 40% deposit.
For any reservation a credit card number is requested for a pre-authorization of payment.
Any order placed by the customer automatically entails the acceptance of the general conditions of sale of Class-eDriver.
Article 5: customer support
The client 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 client or at the reception of his hotel, or at the agreed time in the event of reservation. In the event of the client’s absence fifteen (15) minutes after the arrival of the vehicle with its driver at the agreed time, beyond this limit an increase of €80 per hour could be applied.
For pick-ups at airports and train stations, a free 45-minute wait is offered in the event of a delay in your flight or train. Beyond this limit an increase of 80€/ hour could be applied.
Article 6: Payment of the service for individuals
The prices indicated by the Seller are denominated in euros. VAT or any other duties or taxes included. Any transport service is payable in cash to the driver once the place of destination has been reached by the following means of payment: cash, bank card. All our vehicles are equipped with TPE in order to facilitate and secure payment by credit card. Payment by check is not accepted except for account companies.
In the event that a deposit has been received by the Seller when booking the service, this will not be refundable and will be retained as a fixed compensation. Any service started is due in full. A deposit equal to 50% of the total amount of the planned service may be required for services over €300. This deposit must be paid at the latest when the Customer sends the accepted estimate with the mention “good for agreement”. Payment of the balance will be made to the driver once the place of destination has been reached or at the place of pick-up using the same means of payment as indicated above. In the event of late payment, late payment interest equal to 1.5 times the equal interest rate will be applied automatically and without prior notice.
Article 6.2: Payment of the service for professionals
By way of exception, for professional customers on account and only, invoicing may be established on a monthly basis from duplicates of the intervention vouchers established on the occasion of each service, countersigned by the beneficiary of the intervention, and must be honored within a time period stipulated by contract. Any delay or non-payment may automatically entail: The immediate payment of the sum remaining due. The calculation and payment of late payment penalties calculated in the form of interest at the minimum rate equivalent to 3 times the equal interest rate (in force on the date of invoicing of the amount due). Beyond the payment period provided for by the contract or, by default stipulated by these GCS, the Customer is automatically put in default, without prior reminder.
Article 7: Cancellation of the service
Cancellation of the service must be sent in writing either by e-mail or by post to the Seller. In the event of cancellation of a service by the Customer, cancellation fees will be required according to the following terms:
In the event of cancellation 72 to 48 hours before the start of the service for any reason whatsoever: 30 % of the amount including tax of the service.
In the event of cancellation 48 to 24 hours before the start of the service for any reason whatsoever: 50% of the amount including tax of the service.
In the event of cancellation on the day of the service for any reason whatsoever: 100% of the amount including tax of the service.
EURL Fiji/Class-eDriver reserves the right to modify the cancellation conditions according to the importance and nature of the service reserved. Professional accounts are bound by contract with specific cancellation conditions.
Article 8: Highway Code, regulations on board the vehicle
The responsibility of the drivers being engaged during the period of the services, they are instructed to respect and ensure respect for the road regulations and the laws in force. Under no circumstances may the Customer demand that the driver exceed the authorized speed limit or commit traffic violations. Similarly, drivers are prohibited from lending their support to any company or action contrary to morality or good morals. The Customer agrees to maintain a correct attitude, not to smoke, not to consume narcotics or alcoholic beverages inside the vehicle. Wearing a seatbelt in the front as well as in the back is obligatory. Failure to comply with this rule exempts the Seller from any liability in the event of an accident. The Seller reserves the right to cease 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 stoppage or this refusal of the service will result in the invoicing of all of it and will not give rise to any compensation. Also, the reservation of a vehicle does not guarantee access to the vehicle, the driver being authorized by the Management, for security or medical reasons, to refuse access to people with a state of alcoholism that he considers advanced or requiring specific care. Damage caused to the vehicle and its equipment will be borne by 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. This is why the Seller asks the Customer to let the driver open and close the doors of the vehicle. The intake and consumption of food and drink, other than those made available to the Customer by the Seller, are not accepted in the vehicle without the prior consent of the driver. No animal will be accepted in the vehicle except in a cage or airtight 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 required. They are left to the discretion of the Client. When the journey is long, the driver must rest during the journey,
Article 9: Baggage, personal effects
The amount of luggage transported is proportional to the volume of the vehicle’s luggage compartment. Consequently, these 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 the driver. Baggage weight is limited to 25 kg per passenger. In the event of luggage exceeding the weight indicated above, the Customer must inform the Seller when booking the service. Luggage must not present any risk of damage to the vehicle. Any deterioration of the vehicle will be invoiced to the Customer. Baggage remains the Customer’s responsibility. Fragile objects that may be present in the luggage remain the sole responsibility of the Customer.
Article 10: Complaint
Any complaints must be made in writing within 8 (eight) days of the performance of the service by registered mail with acknowledgment of receipt sent to the Seller’s head office. After this period, no dispute will be taken into account.
Article 11: Force majeure
The responsibility of the EURLFidji / Class-eDriver cannot be implemented if the non-execution of the service or the delay in the execution of the latter results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article 12: Entire general conditions
In the event that one of the clauses of these general conditions of sale is 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 13: No waiver
The non-application by the Seller of any of the stipulations of these general conditions does not entail a waiver on its part to avail itself of them at any time and does not affect the validity of all or part of these conditions.
Article 14: Insurance
Class-eDriver’s liability is limited to the terms of our insurance contract. Our vehicles are insured for the transport of people and our travelers for all bodily injury with our insurer, insurance covering professional civil liability, in accordance with French regulations, in application of article L.3120-4 of the transport code. . The EURL Fiji/Class-eDriver undertakes to provide a copy of their insurance contract on request.
Article 15: Applicable law in the event of disputes
The present general conditions of sale, as well as all the contractual relations which could result therefrom, are subject to French law. In the event that a dispute arises between the Customer and the Seller, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before initiating any legal action. Failing this, any disputes and complaints can only be taken into account if they are formulated in writing and addressed to the seller within 8 days after 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 comply with the obligations imposed on them by the regulations in force regarding the production of personal data, and in particular Law No. 78-17 of January 6, 1978; modified by the law of August 6, 2004. Fiji/Class-eDriver is committed to respecting the privacy of its customers. The personal information and other data communicated will not be used for any purpose other than improving the service provided and will in no case be transmitted to third parties.
Article 17: Any reproduction is prohibited
The content of the Class-eDriver site, the general structure, the texts, the animated or still images, the logo, the prices and the sounds of the videos are the exclusive property of the Fiji company. 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 Intellectual Property Code. Class-eDriver is a registered trademark at the INPI. All rights reserved.