General Conditions of Use - France
KEY PRINCIPLES.
These general terms and conditions (“Terms”) apply to Rapid'Transport's mobile applications and/or websites in New Caledonia.
The App(s)/Website(s) Services allow you to request services from Third Party Providers or directly from Rapid'Transport. These services are provided or made available under Rapid'Transport's brands, including CallMe. For more information, please visit this page.
For Third Party Services, you are bound by a contract directly with the Third Party Providers and Rapid'Transport acts as a technological intermediation platform to allow you to request and receive these services. With regard to transport services provided by Third Party Providers operating in the private public passenger transport sector and using Rapid'Transport's websites/applications, Rapid'Transport, in its capacity as a booking center, guarantees their proper execution under the conditions set out in these Terms.
For Services Provided by Rapid'Transport, you may be required to accept separate terms that govern your use of these services.
Please read these Terms carefully. They include information about /the services and your rights, as well as other important information.
ABOUT US.
We are A Rapid'Transport, a limited liability company in New Caledonia with a capital of 150,000.00 CFP Francs -- RCS NOUMEA: 1 447 317 / APE: 4939A.
You can contact us at rapidtransport@lagoon.nc
DEFINITIONS.
The "Community Charter" defines the expectations of all users of the App(s)/Website(s). The latest version of the Community Charter is available upon request. The version of the Community Charter that applies to you is the one in effect on the day you accept these Terms.
"Third Party Providers" are independent third parties, including independent transport providers, hotel partners, restaurants, logistics providers and/or providers of other mobility services that use Rapid'Transport's mobile applications and/or websites.
"Third Party Services" include, in particular, services and goods in the fields of transport, hospitality, logistics, mobility, leisure, which are provided to you by independent Third Party Providers, such as, in particular, transport services. These services are made available to you through the App(s)/Website(s) Services, as defined below.
"Rapid'Transport" or one of its subsidiaries or affiliates ("we" or "our").
"Services Provided by Rapid'Transport" means the services provided to you directly by Rapid'Transport and which may be subject to separate conditions. These services may include, in particular, mobility services under the CallMe brand.
“Rapid'Transport Names, Brands or Works” means the corporate names, logos, product or service names, product brands, service marks, trade dress, other proprietary signs or copyrights of Rapid'Transport or its licensor.
TERMS
1. Summary
1.1 These terms and conditions govern your use of Rapid'Transport's mobile applications and/or websites (the "Terms"). You must carefully read and accept these Terms before creating your customer account via Rapid'Transport's mobile applications and/or websites, as creating a customer account is a mandatory prerequisite for requesting the Services Provided by Rapid'Transport or Third Party Services. Your acceptance of these Terms establishes a contractual relationship between you and Rapid'Transport. These Terms expressly replace any prior agreements or arrangements between you and Rapid'Transport regarding the App(s)/Website(s) Services (as defined below).
1.2 These Terms apply to the extent that they do not conflict with the terms of use and additional terms that apply specifically to Rapid'Transport's mobile applications and/or websites. You will be required to accept such terms separately.
1.3 Rapid'Transport acts as a technological intermediation platform for Third Party Services and as a service provider for Services Provided by Rapid'Transport. As soon as Third Party Transport Services are accessible via Rapid'Transport's mobile applications and/or website, Rapid'Transport ensures, under the conditions set out in Article 14 hereof, the proper execution of said transport services by Third Party Providers.
2. App(s)/Website(s) Services
2.1 The services provided to you by Rapid'Transport include:
2.1.1 Access to and use of Rapid'Transport's mobile applications and/or websites that allow you to request and receive Third Party Services and/or Services Provided by Rapid'Transport.
2.1.2 Payment collection and processing services (including issuing invoices and receipts on behalf of Third Party Providers) allowing us to invoice you and remit the amounts paid to the Third Party Providers' bank account for Third Party Services or to Rapid'Transport's bank account for Services Provided by Rapid'Transport (Rapid'Transport may have these services provided on its behalf by affiliated companies or third parties) (collectively the "App(s)/Website(s) Services").
2.2 These Terms govern your use of the App(s)/Website(s) Services in New Caledonia.
2.3 Rapid'Transport's mobile applications and/or websites will be made available to you under different Rapid'Transport brands.
2.4 Unless otherwise agreed in writing, the App(s)/Website(s) Services are made available to you solely for your personal and non-commercial use.
2.5 You may request and receive Third Party Services or Services Provided by Rapid'Transport via Rapid'Transport's mobile applications and/or websites.
3. Third Party Services.
3.1 For Third Party Services, Rapid'Transport acts as a technology intermediary platform between you and the Third Party Providers to enable the Third Party Providers to provide you with the Third Party Services. Rapid'Transport does not provide the Third Party Services. All Third Party Providers are independent third party contractors, trading companies or other types of businesses and are not employed by Rapid'Transport.
3.2 To the extent permitted by law, the Third Party Providers (for Third Party Services) and Rapid'Transport (for Services Provided by Rapid'Transport) are free to decide whether to accept or reject a request.
3.3 For certain Third Party Services, you may be required to agree to separate terms and conditions before using such Third Party Services.
4. Services Provided by Rapid'Transport.
For the Services Provided by Rapid'Transport, Rapid'Transport acts as a service provider. The specific conditions governing the Services Provided by Rapid'Transport will be stipulated in additional conditions or in a separate agreement.
5. Use of the App(s)/Website(s) Services.
5.1 The Rapid'Transport mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
5.2 You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and all rates and charges of your mobile network provider are your responsibility, including for data relating to the use of the Rapid'Transport mobile applications and/or websites. You are also responsible for accessing compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including software or hardware updates.
5.3 In order to use the App(s)/Website(s) Services, you must register in Rapid'Transport's mobile applications and/or websites and create an account. At the time of registration, you must be eighteen (18) years old or the age of legal majority in the country where you are registering if different from eighteen (18), unless the terms governing the specific Third Party Service or the Service Provided by Rapid'Transport impose different age requirements.
5.4 You must provide us with certain personal information to register, including your telephone number and email address. To use the App(s)/Website(s), Rapid'Transport Provided Services or certain Third Party Services, you may be required to provide at least one valid payment method (credit card, debit card or any other accepted payment method). You may be required to provide information, such as your address and additional documents before using certain Rapid'Transport Provided Services or certain Third Party Services.
5.5 You are not required to log in or use Rapid'Transport's mobile applications and/or websites, and neither are Third Party Providers. If you choose to stop using Rapid'Transport's mobile applications and/or websites, you may do so without notifying us.
5.6 We may temporarily restrict your access to and use of the App(s)/Website(s) Services in the event of serious indications of a breach of your obligations set out in Articles 5 “Use of the App(s)/Website(s) Services”, 6 “your obligations”, 7 “Fees and payment”, 10 “Intellectual property”, contained in these Terms, including when we receive a complaint related to a fraudulent act, for the period necessary to verify the information relating to the alleged breach of said obligations, which will not exceed three (3) months. Rapid'Transport will inform you that a complaint is in progress and, where applicable, that your access to and use of the App(s)/Website(s) Services are temporarily restricted – except in the event that Rapid'Transport cannot legally communicate this information to you (for example in the context of a police investigation or a judicial inquiry). Rapid'Transport will also inform you of the lifting of these restrictions.
6. Your obligations.
6.1 When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for which they were designed, as set out in these Terms. You must not misuse Rapid'Transport's mobile applications and/or websites or attempt to commit fraud against us or Third Party Providers. For more information on what is expected of you, please see our Community Charter.
6.2 You must provide accurate and complete information when registering an account and when using the App(s)/Website(s) Services.
6.3 Your account is personal. It may not be rented or shared, unless expressly authorized by Rapid'Transport. Once you have created an account:
You may not register more than one account, unless otherwise agreed in writing by us;
You must ensure that your account information is accurate, complete and up to date;
You must not disclose your confidential login information;
You must inform us immediately if you have reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
6.4 You will be responsible for paying all fees that may be due due to the provision of Third Party Services or Services Provided by Rapid'Transport requested through your account, unless access to and use of your account results from a case of force majeure, from the actions of a third party exhibiting the characteristics of force majeure (e.g. hacking, computer hacking) or from a failure by Rapid'Transport to meet its security obligation. In the event of a stolen credit card or theft of banking information, you are required to immediately notify your bank in order to take the necessary steps.
6.5 You must not, in your use of the App(s)/Website(s) Services, harm, or cause nuisance or material damage to the Third Party Provider, Rapid'Transport or any other person.
7. Fees and Payment.
7.1 Fees related to the App(s)/Website(s) Services.
7.1.1 You will not be charged for the use of the App(s)/Website(s) Services. Subject to your prior and express agreement, we reserve the right to introduce usage fees. In the absence of agreement, you will no longer be able to access or use the App(s)/Website(s) Services.
7.1.2 Specific features on Rapid'Transport's mobile applications and/or websites may be offered to you and, subject to your prior and express agreement, may be charged to you. In the absence of agreement, you will not be able to access or use these specific features. These features may be subject to separate conditions.
7.2 Fees related to Third Party Services and Services Provided by Rapid'Transport.
7.2.1 If you make a request using Rapid'Transport's mobile applications and/or websites, you agree to pay the applicable fees. You will be responsible for all fees related to your account under the conditions described in Article 6.4 above.
7.2.2 Depending on the Service Provided by Rapid'Transport or the Third Party Service used and depending in particular on the location where it is provided, the total amount of the fees relating to your request may be calculated and displayed on Rapid'Transport's mobile applications and/or websites before you confirm your order. Failing this, in particular in the case of Transport Services provided by Third Party Providers in certain cities, the fees depend on your use of the Third Party Services or the Services provided by Rapid'Transport (for example, the time and/or distance traveled). In this case, the applicable price list will be communicated to you in Rapid'Transport's mobile applications and/or websites before confirming the order. An estimate of these fees may be displayed in the mobile applications and/or on the Rapid'Transport websites, for information purposes only.
7.2.3 Additional fees and/or penalties may be charged to you upon receipt, under the conditions described in Article 7.3.1 by the Third Party Providers due to your use or misuse of the Third Party Services (for example, repair or cleaning costs) or by Rapid'Transport due to your use or misuse of the Services Provided by Rapid'Transport.
7.2.4 For certain Third Party Services, you may request that the Third Party Provider charge you lower fees for the services provided by this Third Party Provider at the time the service is performed. The Third Party Provider or Rapid'Transport, if authorized by the Third Party Provider, will respond accordingly to any request from a Third Party Provider to modify the fees relating to a particular service.
7.2.5 If the Third Party Services or the Services Provided by Rapid'Transport cannot be provided due to an act or inaction on your part (for example, if you are not present at the location of the trip to be picked up by the driver) and after an unsuccessful attempt to contact Rapid'Transport or the Third Party Service Provider (by telephone, email or notification on the mobile applications and/or websites of Rapid'Transport), all costs may be invoiced to you, unless you justify that it is not due to an act or inaction on your part that the Services provided could not be provided.
7.2.6 Once the Third Party Service or the Service Provided by Rapid'Transport has been provided, we may issue you an invoice directly or in the name of the Third Party Service Provider, as the case may be. The invoice will include VAT, if applicable.
7.3 General.
7.3.1 For more information on fees and additional charges and/or penalties specific to each Third Party Service or Service Provided by Rapid'Transport, please consult the "contact" section in the mobile applications and/or on the Rapid'Transport websites (such as Help) or the corresponding pages of our Rapid'Transport and CallMe website(s).
7.3.2 Fees may be modified in the mobile applications and/or on the Rapid'Transport websites and these modifications will be applicable to you subject to your prior and express agreement (by email or notification on the mobile applications and/or on the Rapid'Transport websites). In the absence of agreement, you will no longer be able to use the App(s)/Web Services.
7.3.3 Fees do not include gratuities. If applicable, you may provide gratuities.
7.3.4 Unless otherwise agreed, all fees are due immediately after you have made your request and payment will be facilitated by Rapid'Transport using the preferred payment method linked to your account, after which Rapid'Transport will send you a receipt by email. If your primary payment method cannot be used, Rapid'Transport may use a secondary payment method if available. If your payment method(s) are not available, we reserve the right to continue to attempt to obtain payment.
7.3.5 Fees are inclusive of all taxes, including GCT. 8. Cancellation
7.3.6 Unless otherwise stated below and with the exception of non-perishable items, in some cases you do not have the right to cancel the request for Third Party Services and Services Provided by Rapid'Transport once it has been accepted. However, for certain Third Party Services, Rapid'Transport or the Third Party Provider may allow you to cancel the request, but you may be charged a cancellation fee.
7.3.7 See the Cancellation Policy on Rapid'Transport and the Cancellation Policy on CallMe or rapidtransport-nc.com. If you purchase a service from a Third Party Provider, you may exercise your right to cancel the order with that Third Party Provider within fourteen (14) days from the date of your purchase. The Third Party Provider will provide you with all the information relating to the refund of your order.
9. License.
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable and non-sublicensable license to install and/or use the Rapid'Transport mobile applications and/or websites on your device, for your sole use and solely to enable you to access and use the information made available through the Rapid'Transport mobile applications and/or websites. All rights not expressly granted herein are reserved by Rapid'Transport and Rapid'Transport's licensors.
10. Intellectual Property.
We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data collected through the Rapid'Transport mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not (and may not permit anyone else to) do any of the following: (a) license, sublicense, copy, modify, distribute, create derivative works from, sell, resell, assign or lease any portion of the Rapid'Transport mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of the Rapid'Transport mobile applications and/or websites, except as permitted by law; (c) launch or cause to be launched any program or script for the purpose of retrieving, indexing, studying or extracting data from any portion of the Rapid'Transport mobile applications and/or websites or data; (d) use, display or manipulate any Rapid'Transport Name, Trademark or Work for any purpose other than using the Rapid'Transport mobile applications and/or services; (e) create or register (i) companies, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that contain Rapid'Transport Names, Trademarks or Works or any similar or confusing mark, name, title or work; (f) use Rapid'Transport Names, Trademarks or Works as your social media profile image or wallpaper; (g) purchase keywords (including Google AdWords) that contain Rapid'Transport Names, Trademarks or Works; or (h) request to register, reference, use, copy and/or claim ownership of the Rapid'Transport Names, Marks or Works or any other name, mark, title or work that is similar or confusing in nature, in any manner and for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs and/or other creative works, except as permitted by the limited license granted above.
11. Personal Data.
We collect, use and disclose information from or about you as set out in our Privacy Statement. Additional privacy statements may apply, including those of third party data controllers, for the Services Provided by Rapid'Transport or Third Party Services.
12. Your Responsibilities.
You are responsible for any damage resulting from your violation of these Terms, your misuse of the App(s)/Website(s) Services or your violation of any legal provision or the rights of a third party. It is your responsibility to make and keep copies of the data available on your account that are necessary for you (e.g. invoices).
13. No Liability.
The App(s)/Website(s) Services may be subject to limitations, delays and/or other problems due to the use of the internet and electronic communications provided by a third party provider, the unforeseeable and insurmountable act of a third party or the occurrence of a force majeure event. The App(s)/Website(s) Services may be subject to interruptions for maintenance purposes that may impact your use of the services and for which you will be informed if necessary.
14. Limitation of liability.
14.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence and liability for fraud or fraud, nor does it affect your rights as a consumer.
14.2 If you are acting as a consumer, your contractual liability shall not be incurred for damages unforeseeable on the day of conclusion of the contract, related to the use of the App(s)/Website(s) Services.
14.3 For all users of the App(s)/Website(s) Services not acting as a consumer, our liability shall not be incurred for indirect damages including: (i) loss of profits; (ii) loss of turnover; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of data or information and (vi) loss of customers.
14.4 We are not liable for delays or failures in performance resulting from a case of force majeure.
14.5 For users of the App(s)/Website(s) Services who are not acting as consumers, our total liability to you for the use of Rapid'Transport's mobile applications and/or websites (and this, notwithstanding any other agreement between us in which the liability provisions are governed by a separate agreement) will be limited to five hundred euros (€500). We further exclude all warranties and disclaim all liability for any act or omission by you or any third party.
14.6 Rapid'Transport undertakes to the consumer the proper execution of the App(s)/Website(s) Services. The Third Party Provider is required to comply with the obligations arising from the provision of Third Party Services and in particular the quality of the services (quality, suitability). The consumer user is reminded that with regard to Third Party Services, he concludes a contract directly with the Third Party Provider.
14.7 With regard to the Transport Services provided by Third Party Providers operating in the private public passenger transport sector and using Rapid'Transport's mobile applications and/or websites, Rapid'Transport undertakes jointly and severally with the Third Party Provider to properly perform the obligations resulting from the transport service provided in New Caledonia following a reservation made through the App(s)/Website Services under the conditions provided for in Title IV of the Transport Code relating to connection activities and road transport of passengers in New Caledonia governed by amended resolution no. 540 of 25 January 1995.
14.8 Rapid'Transport shall not be held liable in whole or in part in the event of non-performance or poor performance of the services when this non-performance or poor performance is attributable to you, or when this non-performance or poor performance results from an unforeseeable and insurmountable act of a third party unrelated to the provision of the Services, or in the event of force majeure.
15. Termination.
15.1 You are free to use the App(s)/Website(s) Services (if applicable) at any time and you may terminate these Terms and the App(s)/Website(s) Services by closing your account.
15.2 We may terminate these Terms and your access to the App(s)/Website(s) Services by giving you reasonable prior written notice if you fail to comply with your obligations under Sections 5 “Use of the App(s)/Website(s) Services”, 6 “Your Obligations”, 7 “Fees and Payment”, 10 “Intellectual Property” herein. For compelling security reasons relating to the protection of users of the App(s)/Website(s) Services, and in particular following a criminal complaint communicated to us or in the event of a proven offence or crime or in the event of suspicion of crimes or offences, we may terminate these Conditions and your access to the App(s)/Website(s) Services with immediate effect.
15.3 You may, upon receipt of the notification, contact us to formulate your observations and complaints. Rapid'Transport will restore, in the event that you provide proof that the breach of your obligations results from the act of a third party meeting the criteria of force majeure or a case of force majeure, your access to the App(s)/Website(s) Services.
15.4 Rapid'Transport may terminate these Terms or interrupt the App(s)/Website(s) Services for a period not exceeding the time necessary to verify information relating to the breaches, in the event of a violation of the law, these Terms or the Community Charter, by notifying you in writing within a reasonable time.
15.5 If we are unable to charge the payment method you have provided for the fees you owe us, we will notify you immediately in writing and may suspend or remove your access to the App(s)/Website(s) Services until payment is made. You may, upon receipt of information relating to the suspension or deletion of your access to the App(s)/Website(s) Services, contact us in order to update your payment information or provide your observations and justifications so that we can, in the event that you provide proof that the failure to meet your payment obligation results from the actions of a third party meeting the criteria of force majeure or a case of force majeure, and that you pay the amounts due, restore your access to the App(s)/Website(s) Services.
15.6 You must pay all outstanding fees remaining due to Third Party Providers or Rapid'Transport promptly upon termination. These fees will be due notwithstanding termination hereof and we reserve the right to pursue payment after termination.
16. General.
16.1 Rapid'Transport reserves the right to modify these Terms. We will notify you of these changes by email before they come into effect within a reasonable time. You will be bound by these changes once you have accepted them in the Rapid'Transport mobile applications and/or websites and/or by email, as applicable. If you do not agree with these changes, you are free to close your account in accordance with Article
16.2 In the event that a clause of these Terms is invalid, it is the intention of the parties that the remaining provisions of the General Terms will remain in force. If you use the App(s)/Website(s) Services as a consumer, the validity and enforceability of the other clauses of these Terms will be in the event of the nullity of a clause of these Terms, as the case may be, decided by the judge who ruled on the nullity of said clause. Any invalid, illegal or unenforceable clause will be considered deleted.
16.3 We may assign, subcontract or transfer these Terms or any of our rights or obligations relating thereto, in whole or in part, without your prior consent, provided that this does not result in a reduction of the rights you enjoy under these Terms or the law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, because your use of Rapid'Transport's mobile applications and/or websites is personal, unless otherwise agreed.
16.4 These Terms, together with any additional agreements relating to the provision of the App(s)/Website(s) Services, constitute our entire agreement with you and supersede all previous agreements relating to your access to and use of the App(s)/Website(s) Services.
16.5 You may be required to agree to additional terms in order to access or use the App(s)/Website(s) Services. In the event of a conflict between these Terms and a separate agreement, the separate agreement shall prevail, unless otherwise provided in the separate agreement.
16.6 No third party shall benefit from these Terms, except as provided in these Terms.
17. Dispute Resolution Procedure.
17.1 Rapid'Transport offers you a customer service to handle most of your questions or requests relating to the use of the App(s)/Website(s) Services. However, the distance selling contract for Third Party Services is established between the Third Party Provider and you directly. Consequently, any dispute concerning Third Party Services will be settled directly between the Third Party Provider and you.
17.2 Rapid'Transport may make available to users acting as consumers a mediation system for consumer disputes relating to the App(s)/Website(s) Services or to these Terms with a view to resolving them amicably. In accordance with the Consumer Code, for any dispute of a contractual nature relating to the use of the App(s)/Website(s) Services in New Caledonia that could not be resolved within the framework of a complaint previously submitted to Rapid'Transport's customer service, the consumer may, without this mediation procedure being a mandatory prerequisite to taking legal action, have recourse free of charge to the following mediator: Association Nationale des Médiateurs (ANM), whom he must contact either by sending a letter to the following address: 62 rue Tiquetonne - 75002 Paris - France, or by email by completing the online referral form available at the following address: https://www.anm-conso.com. Eligible consumers may also address complaints regarding our Services or these Terms to the European Commission's online dispute resolution platform accessible here in accordance with Regulation (EU) No. 524/2013 of 21 May 2013. Rapid'Transport does not undertake to use an online dispute resolution platform to resolve consumer disputes.
18. Applicable law and competent jurisdiction.
These Terms will be exclusively governed by and interpreted in accordance with the laws of New Caledonia, excluding its conflict of laws rules, unless, if you reside in the EU, the consumer protection regulations of your country of residence contain provisions that are more advantageous to you, in which case those provisions will apply. The Vienna Convention on the Sale of Goods International Trade in Goods Act 1980 (CISG) is not applicable. If you are a resident of the EU, you may also bring a legal action relating to the Services in the competent court of your country of residence. If you are a resident of the EU, we may only bring legal action against you in your country of residence, unless you are acting as a professional, in which case you agree to submit to the exclusive jurisdiction of the Caledonian courts.
By accepting these Terms, you agree to be bound by them.