Article 1 - Purpose and scope
The present contract is applicable to domestic non-urban public road passenger transport, for any occasional collective service, carried out by a carrier using one or more coaches. The conditions under which these services are carried out, in particular the applicable prices, must ensure fair remuneration of the carrier to cover the real costs of the service carried out under normal conditions of organization, safety, quality and compliance with regulations, and in accordance with the provisions of law no. 82-1153 of December 30, 1982, in particular articles 6 to 9, as well as the texts taken for its application. Under no circumstances may transport operations be carried out in conditions incompatible with regulations on working and safety conditions. This contract governs the relationship between the principal and the carrier. It applies ipso jure, in whole or in part, in the absence of written stipulations to the contrary or different agreements between the parties.
Article 2 - Definitions
For the purposes of this contract, : "principal" the party who concludes the contract of carriage with the carrier. The principal may be the beneficiary of the transport or the intermediary responsible for organizing the transport on behalf of the beneficiary; "carrier" means the company selected at the time of the call for tenders and with which you will be contracted, duly entered in the register of public road passenger transport companies, which undertakes, under the terms of the contract, to transport, under the conditions referred to in article 1, for consideration, a group of people and their luggage, from a defined place to another defined place; "driver" means the person who drives the coach or who is on board the coach as part of the service to take over from his colleague; "crew member" means the person responsible for assisting the driver or performing the duties of hostess, steward or guide; "passengers" means the persons, with the exception of the driver, who take seats on board the coach; "service" means the occasional collective service involving the use of a coach exclusively for one or more groups of at least ten people. These groups are constituted prior to being taken in charge; "transport en commun d'enfants" (public transport of children) means transport organized primarily for persons under the age of eighteen; "prise en charge initiale" (initial taking in charge) means the moment at which the first passenger begins to board the coach; "dépose finale" (final disembarkation) means the moment at which the last passenger completes disembarking from the coach; "durée de mise à disposition" (duration of availability) means the time elapsing between the coach being made available to the principal and the carrier regaining freedom of use of the coach.
The duration of the service includes the time taken to pick up and set down passengers and their baggage, which varies according to the nature of the service; "intermediate stopping points" means places other than the initial pick-up point and the final drop-off point, where the coach must stop at the request expressed by the customer when the contract is concluded; "timetable" means the timetable defined according to normal traffic and transport conditions, guaranteeing compliance with safety obligations and social regulations relating to drivers' driving and rest times; "itinerary" means the itinerary left to the carrier's initiative, unless specifically requested by the customer, who is responsible for informing the carrier before the start of the service; "luggage" means identified goods carried on board the coach or its trailer and belonging to the passengers; "hold luggage" means luggage carried in the coach's hold or trailer; "hand luggage" means luggage carried by the passenger.
Article 3 - Information and documents to be provided to the carrier
Before the coach or coaches are made available to the group, the client must provide the carrier with the following information, in writing or by any other method that allows it to be memorized. Dates, times and itineraries: the date, time and place where the coach will be made available; the date, time and place where the passengers will be picked up initially, and the date, time and place where they will be dropped off finally; the date, time and place of intermediate stops; where applicable, the itinerary required. Composition of the group to be transported: the maximum number of people in the group; the maximum number of people with reduced mobility, including wheelchair users; the maximum number of people under the age of 18 in the case of public transport of children, and the number of accompanying persons. Nominative list of passengers: Since July 3, 2009, a ministerial decree has made it compulsory to provide a nominative list (surname, first name) of passengers present in the public transport vehicle, for transport outside the area covered by the group's pick-up department and neighbouring departments.
In the case of child transport, the list must also include the telephone number of a contact person for each child transported. The customer is responsible for drawing up this list, which must be given to the driver on departure. Nature of baggage: approximate overall weight and volume; any preciousness or fragility; any other special features. Means of communication: telephone numbers enabling the carrier to contact the customer at any time (24 hours a day, 7 days a week).
Article 4 - Characteristics of the coach
Each coach made available to the customer by the carrier must be: in good working order and comply in all respects with technical regulations; suitable for the distance to be covered, the characteristics of the group and any requirements of the customer; compatible with the weight and volume of luggage provided. Passengers are responsible for any damage they cause to the coach. Any damage found inside the coach and caused by passengers will be billed to the customer. The customer is obliged to note and inform the coach driver of any damage before the start of the trip. The company reserves the right to note any damage once the vehicle has been returned to our garage until the next rental.
Article 5 - Safety on board the coach
The maximum number of people that can be transported cannot exceed that shown on the attestation d'aménagement or the carte violette. The carrier is responsible for the safety of the transport, including the boarding and alighting of passengers. The driver takes the necessary safety measures and, if necessary, gives instructions to passengers, who are required to comply with them. Stops are left to the carrier's or driver's initiative, to meet safety obligations, comply with social regulations on driving and rest times for drivers, or meet other requirements. For coaches fitted with seatbelts, the carrier informs passengers that they must wear them. Unless otherwise stipulated in the Highway Code, seatbelts must be worn by all passengers, adults and children alike. In the case of an accompanied group, both the carrier and the driver must know the names of the persons with organizational or supervisory responsibility, the nature of which must be specified. The persons designated as responsible must be familiar with the conditions of transport organization agreed with the carrier, and hold the list of persons making up the group. The customer must arrange for this information to be communicated to them before the start of transport. At the customer's request, the driver will provide information on safety measures and devices before departure, adapted to the nature of the service and to the passengers.
If the coach is so equipped, the tilting seat, known as the "conveyor seat", is reserved for a driver or crew member only. Unless otherwise stipulated by law, the transport of dangerous goods is forbidden in coaches. If a derogation applies, the client must inform the carrier. More specifically concerning the transportation of children in public: The driver must: ensure the presence of the regulatory pictograms for the child transport signal; use the distress signal when the coach stops and children get on or off; use protective measures appropriately in the event of prolonged stoppage of the coach. The client must : ensure that the persons designated as responsible have the necessary safety knowledge for the public transport of children; ask the persons designated as responsible to dispense the safety instructions to be applied (danger around the coach, obligation to remain seated...), in particular those concerning the compulsory wearing of safety clothing.), particularly those concerning the compulsory wearing of seatbelts, and to ensure that they are observed; instruct the persons designated as responsible to count the children one by one each time they get on and off the coach; ensure that the accompanying adults are assigned to the coach in liaison with the driver, particularly in the light of safety requirements.
Article 6 - Luggage
The carrier is not responsible for baggage placed in the hold. This baggage must be labelled by its owner. In the event of loss or damage to baggage placed in the hold, no compensation may be claimed by the customer or other passengers in the group transported. The carrier, or its agent-driver, reserves the right to refuse baggage whose weight, dimensions or nature do not correspond to that agreed with the customer, as well as baggage which it considers detrimental to the safety of the transport. Hand luggage, which remains in the passenger's custody, is the passenger's sole responsibility. Before the service begins, the customer will inform each passenger of the above provisions, in particular with regard to the custody of hand baggage and the absence of compensation for baggage placed in the hold. At the end of the journey, the customer, his representative and the passengers must ensure that no object has been left on the coach. The carrier declines all responsibility in the event of deterioration or theft of any items left in the coach.
Article 7 - Public broadcasting of music or screening of an audiovisual work
The public broadcasting of musical, cinematographic or televisual works or personal recordings in a coach must be declared in advance and authorized by the copyright holders.
In no event will louerunbus.com be liable for any infringement of intellectual property rights by the customer or carrier.
Article 8 - Payment for transport and ancillary and complementary services
The carrier's remuneration includes the price of transport in the strict sense of the term, which in particular includes the remuneration of the driver(s), as well as the price of ancillary and complementary services, to which must be added the costs associated with drawing up and managing the administrative and IT aspects of the transport contract, as well as any transport-related taxes and/or duties that the carrier is required to collect. The price of transport also depends on the type of coach used, its own equipment, any additional equipment, the number of seats offered, the desired volume of holds, the distance of the transport, and the particular characteristics and constraints of traffic.
Any ancillary or complementary service is remunerated at the agreed price. This applies in particular to: long-term parking on a site; air, rail or sea transfers of the driver(s) in the event of a long period of inactivity; additional maritime (ferries) or rail (tunnels) transport; Any modification of the initial transport contract attributable to the customer, as provided for in article 12, entails a readjustment of the carrier's remuneration conditions. This remuneration may also be modified if an unforeseen event occurs. The initially agreed transport price is revised in the event of significant variations in the transport company's costs, due to conditions outside the company's control, such as the price of fuel, for which the requesting party can provide proof.
Article 9 - Terms and conditions of contract conclusion and payment
The contract is deemed to have been concluded only after receipt of the signed quotation/contract and/or electronic validation of the quotation, also known as "Online confirmation of your booking". The balance of the price of transport, ancillary and complementary services is payable before the start of the service. When the carrier grants the customer payment terms, the order form, contract or invoice will indicate the date on which payment is due. All orders automatically imply acceptance of these general terms and conditions of sale. Any conditions to the contrary which may be stipulated by the purchaser in his own general terms and conditions of purchase, in his order forms or in his correspondence, shall be unenforceable against us and deemed unwritten. The only information valid for the application of your order is that stipulated on the signed order form. All other information, oral or written, is given for information purposes only and is not binding on us. Any modification of the initial order must be formulated in writing prior to the execution of the service, and will therefore be the subject of a new order form. The only information valid for the application of your order is that stipulated in the signed order form. All other information, oral or written, is given as an indication only and cannot commit us. Any delay in payment, after formal notice has remained without effect, automatically entails the payment of penalties of an amount at least equivalent to one and a half times the legal rate, as defined in article L. 441-6 of the French Commercial Code, without prejudice to compensation, under the conditions of common law, for any other damage resulting from this delay. Total or partial non-payment of an invoice on a single due date shall entail, without formality, the forfeiture of the term of payment, resulting in the immediate payment, without formal notice, of all sums due, even in arrears, on the date of this default, and authorizes the carrier to demand cash payment before carrying out any new operation. In the event of non-payment of a due date by the agreed deadline, or in the event of non-compliance with any of the obligations stipulated in these general terms and conditions of sale, the service will not be carried out, ipso jure and without any formalities, and any deposits paid will be retained by us as initial damages.
Terms of payment
30% deposit on acceptance of quotation more than 30 days before departure
100% of the service less than 30 days before departure .
Article 10 - Termination of the contract of carriage
If, prior to departure, the customer cancels the contract, he must inform the carrier by registered letter with acknowledgement of receipt. A fixed indemnity will be payable to the carrier equal to : 30% of the price of the service if cancellation occurs more than 30 days before departure; 50% of the price of the service if cancellation occurs between 30 and 14 days before departure; 70% of the price of the service if cancellation occurs between 13 and 7 days before departure; 100% of the price of the service if cancellation occurs less than 7 days before departure. In the event of cancellation by the carrier, the customer is entitled to immediate reimbursement of the sums paid.
Article 11 - Performance of the contract of carriage
The customer accepts that the carrier may subcontract the service to another public road passenger transport operator. The subcontracted carrier will be responsible for all obligations arising from the contract.
Article 12 - Modification of the contract of carriage during its performance
Any new instruction from the customer to modify the initial conditions of carriage in progress must be confirmed immediately to the carrier in writing or by any other method enabling it to be memorized. The carrier is not obliged to accept these new instructions, particularly if they are such as to prevent him from honouring the transport commitments initially made. The carrier must immediately notify the customer in writing or by any other means that allows the instructions to be memorized. Any modification to the contract may lead to a readjustment of the agreed price.
Article 13 - Unforeseen events and delays
Departure and arrival times, as well as itineraries, are given for information only and may be modified by the carrier if circumstances so require, notably for reasons of legislation, safety, fortuitous event or force majeure. No compensation or refund will be granted to the customer in such circumstances. The customer will not be entitled to any compensation if the cancellation of the contract, on the part of the carrier, is imposed by circumstances of force majeure, reasons relating to the safety of passengers or any reason beyond the control of the carrier.
If the trip has to be modified due to unforeseen circumstances or force majeure, no refund or compensation will be granted to the customer. For order forms signed at a price agreed between the carrier and the customer more than one month before departure, the carrier may exceptionally modify its price up to 1 month before the start of the service, depending on economic events affecting the cost of the service (increase in fuel prices, etc.). In this case, the carrier will make another offer to the client, who will be free to accept or refuse it. In the event of refusal, the order form will be cancelled and the carrier will immediately reimburse the customer for any sums already paid. The customer will not be entitled to any other compensation as a result of this cancellation.
The carrier cannot be held responsible for delays due to events beyond its control (e.g. mechanical breakdowns, traffic jams, accidents, strikes, weather conditions, detour, the actions of one or more passengers, the actions of a third party, any fortuitous event or force majeure) or dictated by the need to ensure the safety of passengers. No compensation or refund will be granted to the customer in these circumstances. In the event of delay at an airport, railway station or any other meeting point, any hotel, restaurant, train, cab or other expenses incurred as a result of the delay will not be covered by our company. If, for any reason whatsoever, the customer decides of his/her own accord to use means of transport other than those proposed in the quotation, he/she will not be entitled to any compensation.
In any event, in its capacity as intermediary, louerunbus.com cannot be held liable for any fortuitous event or delay affecting the carrier or the client.
Article 14 - Formalities
For travel abroad, each participant is asked to find out about and comply with current police and customs legislation. The carrier cannot be held responsible for any infringement of these regulations.
Article 15 - Liability
As an intermediary, louerunbus.com cannot under any circumstances be held liable for any damage, direct or indirect, suffered by a passenger during transportation.
Carriers are obliged to adopt all safety measures necessary for the smooth running of the transport contract.
In the same way, louerunbus.com cannot guarantee the promised quality of a transport contract and cannot compensate passengers if the transport turns out to be disappointing.
Furthermore, louerunbus.com cannot be held responsible for any malfunctions that may affect its website, but makes every effort to guarantee continuous and secure access, except for maintenance operations that may be necessary to guarantee the reliability of said site.
Article 16 - Consumer customer's right of withdrawal
In accordance with article L.221-28 of the French Consumer Code, the customer who is a consumer is expressly advised that he/she may not benefit from any right of withdrawal with regard to the performance of services fully executed by louerunbus.com before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express waiver of his/her right of withdrawal.
By agreeing to the present contract, the customer, being a consumer, expressly acknowledges that the services actually began before the end of the withdrawal period at his request. He also expressly waives any right of withdrawal.
Article 17 - Confidentiality and security - Cookies
Louerunbus.com makes every effort to ensure the confidentiality and security of data transmitted over the web. To this end, the website uses a secure SSL (Secure Socket Layer) payment module, as well as a secure payment interface.
When the client or carrier consults the site, browsing information may be recorded in a "cookie" file. A cookie is a small computer file. It is used to analyze user behavior when visiting a website, to optimize browsing, in particular by determining the browser used, and to identify the user when connecting, in particular to find out which pages have already been consulted on the site.
Any use of cookies on the site requires the express prior authorization of the client or carrier, which is valid for 13 months and may be modified at any time. The client and the carrier are informed that the use of cookies entails the collection of statistical data, but does not entail the collection of personal data.
Article 18 - Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, louersunbus.com implements the processing of personal data for the purpose of providing services.
Louersunbus.com undertakes to collect only personal data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed. No personal data considered sensitive, such as racial or ethnic origin, political, philosophical or religious opinions, may be requested or collected from the client or the carrier.
The customer and the carrier are hereby informed that the personal data indicated as mandatory on the forms and collected are strictly necessary to fulfil the purpose of these GTC.
Louersunbus.com therefore collects personal data relating to the client and the carrier. The latter are informed of the following:
The data controller is SAS DTRAVEL.
231 rue Saint honoré 75001 Paris
The purpose of data processing is to execute the order, to keep as well as keeping statistics and sending commercial commercial offers by e-mail;
The recipients of personal data are the data controller the data controller, its marketing departments, its IT security in charge of IT security, the department in charge of orders in charge of orders, any subcontractors, as well as any authority any authority legally authorized to access the personal data personal data;
The customer and the carrier are informed that no personal data transfer of personal data outside the European Union is planned;
Personal data is only kept for a period of three years, except in the case of data that is only kept for the time for the duration of the legal statute of limitations, in particular accounting documents and vouchers;
The data subject has the right to ask the data controller for access to his or her personal data, to rectify or erase it, or to restrict its use. or erasure of such data, or a restriction on the processing the right to object to processing and the right to data portability;
The person concerned has the right to lodge a complaint to the French Data Protection Authority (Commission nationale de l'informatique et des libertés);
The information requested at the time of the order is necessary for invoices and transport contracts, without which the the order cannot be validated. No automated or profiling is implemented through the order process. the ordering process.
It is the responsibility of the customer and the carrier to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
Louerunbus.com shall also not be held liable for any direct or indirect damage, including any loss or damage that may arise from the use or inability to access the site, as a result of faulty use by the client and the carrier.
However, louerunbus.com undertakes to implement technical and organizational measures to guarantee the security, integrity and confidentiality of all personal data, in order to prevent it from being distorted, damaged or accessed by unauthorized third parties.
The customer and the carrier are informed that no security measure is infallible and that louerunbus.com cannot guarantee absolute security for the personal data collected.
Article 19 - Applicable law and jurisdiction
The contractual relationship between the parties is governed exclusively by French law.
In the event of a dispute arising between louerunbus.com and a customer who is a consumer, any dispute or controversy to which these GTC or an order may give rise, whether concerning their acceptance, validity, interpretation, performance or termination, shall be submitted to the exclusive jurisdiction of the courts designated by the French Consumer Code.
In the event of a dispute arising between louerunbus.com and a client or a carrier acting in a professional capacity, any dispute or contestation to which these GTS or an order may give rise, whether concerning their acceptance, validity, interpretation, performance or termination, shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris, even in the event of a warranty claim, multiple defendants or the institution of summary proceedings or proceedings by petition.
In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the consumer is informed of the electronic link to the online dispute resolution platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR).