General terms and conditions
This is an English translation provided for convenience. Only the French version of this document is legally binding.
These terms set out how a request for a journey addressed to BS-VTC is handled, from the request for a quote through to the journey itself.
Purpose and scope
These terms govern requests for transport addressed to BS-VTC.
Booking and quotes
The site allows you to send a request for a quote. That request is not a booking: BS-VTC considers it and then sends its reply to the client.
Formation of the contract
A request sent from the site form, by telephone or by messaging is not a booking. It is a request for a quote, to which BS-VTC replies after checking availability for the requested slot.
The contract is formed when the client accepts the quote offered and BS-VTC sends back a confirmation. Until that confirmation has been received, no journey is booked and neither party is under any obligation.
BS-VTC has a single 7 seater vehicle and can therefore carry out only one journey at a time. Slots are allocated in the order in which they are confirmed: a request may be refused if the vehicle is already taken.
Accepting the quote means accepting these terms in the version in force on the date of the confirmation.
Prices and payment terms
BS-VTC accepts payment cards. The price of the journey is the one set out in the quote accepted by the client.
Cancellation and changes
The client may ask to cancel or change a confirmed journey by contacting BS-VTC.
Right of withdrawal
A contract concluded at a distance normally gives a consumer a fourteen day withdrawal period. That period does not apply to the transport of passengers.
Under paragraph 9° of article L221-2 du code de la consommation, contracts for passenger transport services fall outside the scope of the rules applicable to contracts concluded at a distance and away from business premises, with the sole exception of article L221-14. A journey booked with BS-VTC for an agreed date and time therefore gives rise to no fourteen day right of withdrawal.
That exclusion follows from the very nature of the service: the slot booked ties up the only vehicle available and can no longer be offered to another client.
The client is not thereby deprived of any other right. They may cancel or change their booking on the terms set out in the “Cancellation and changes” section, and the service remains subject to the general law of contract as well as to the protective rules of the code de la consommation that continue to apply.
Client obligations
The client undertakes to give accurate information when making a request, in particular the pick-up address, the destination address, the date, the time, the number of passengers and the number of items of luggage. Inaccurate or incomplete information may make the journey impossible to carry out.
- Be at the place, on the date and at the time shown on the confirmation
- Report without delay any change of time, address, number of passengers or volume of luggage
- Comply with the rules applicable on board a vehicle, in particular wearing a seat belt and not smoking
- Supervise the behaviour of minors and of people in their care during the journey
- Carry no dangerous or unlawful object and no goods subject to authorisation
- Give advance notice of an animal travelling, so that the driver can agree to it
- Pay the agreed price on the terms given at the time of confirmation
The client is liable for damage they cause to the vehicle or its equipment, including the cost of repairs and the consequences of the vehicle being off the road.
The driver may end a journey where a passenger’s behaviour compromises the safety of the journey or breaches the rules in force.
Provider obligations
BS-VTC carries out the confirmed journey with the care expected of a professional in the private passenger transport sector.
- Carry out the journey on the date, at the time and at the place shown on the confirmation
- Keep valid the entry on the VTC register, the driver’s professional licence and the insurance cover required by the rules
- Provide a vehicle that complies with the applicable roadworthiness testing obligations
- Comply with the code de la route and with the rules specific to private hire vehicles with driver
- Treat with discretion the information the driver learns in the course of the journey
- Inform the client without delay of anything unexpected affecting the journey
BS-VTC is under an obligation to use its best endeavours as regards the duration of the journey. Traffic, weather conditions and decisions of the authorities are beyond its control: no guarantee is given as to travel time or arrival time.
The client plans their travel taking that uncertainty into account, particularly where they have a train or a flight to catch afterwards.
Liability and insurance
BS-VTC is liable for personal injury and damage to property caused to the client while the journey is being carried out, on the terms laid down by the general law and by the professional liability insurance policy taken out for this activity.
BS-VTC cannot be held liable where the damage results from the client’s own fault, from the act of a third party or from an event of force majeure.
Save where fault on the part of BS-VTC is proved, the indirect consequences of a delay, such as missing a flight, a train or an appointment, give rise to no compensation.
Luggage and personal belongings remain in the client’s keeping. It is for the client to check, before leaving the vehicle, that nothing has been left on board.
Force majeure
Neither party can be held liable for a failure to perform its obligations where that failure results from an event of force majeure within the meaning of article 1218 du code civil, that is to say an event beyond its control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures.
The following may in particular amount to force majeure, where they meet those conditions: weather making driving impossible, the closure of a road by decision of the authorities, industrial action affecting traffic, an accident blocking the route, a fire, a natural disaster or an administrative measure restricting movement.
The party prevented from performing informs the other as soon as possible. If the impediment is temporary, the journey is suspended and then rescheduled by agreement. If the impediment is permanent, the contract is terminated automatically and any sums already paid for the journey not carried out are refunded to the client.
Complaints
Any complaint about a journey must be sent to BS-VTC in writing, stating the date of the journey, the pick-up place and what is being complained about.
Consumer mediation
In accordance with article L612-1 du code de la consommation, every consumer has the right to use a consumer mediator free of charge with a view to the amicable settlement of a dispute with a trader. The trader must for that purpose belong to a mediation scheme and give its contact details to clients.
A referral to the mediator is admissible only if the client has first sent a written complaint to the trader and no solution has been found. The request must be made within one year of that written complaint.
Governing law and disputes
These terms are governed by French law. They apply subject to any mandatory provisions more favourable to the consumer.
If a clause of these terms were declared void or unenforceable, the remaining clauses would keep their full effect.
If a difficulty arises, the client contacts BS-VTC first in order to look for an amicable solution. Failing agreement, they may refer the matter to the consumer mediator on the terms described above.
If no amicable solution is reached, the dispute may be brought before the competent French courts. The consumer may choose to bring proceedings before the court for the place where they lived when the contract was concluded, the court for the place where the service was performed or the court for the trader’s place of business.