GENERAL SALES TERMS AND CONDITIONS The rate presented is an initial estimate of the cost of service and is not intended to represent the actual cost of the trip. Waiting time, extra kilometers, extra stop, or additional requested services may change your final rate. For all additional services provided other than what was agreed at the time of booking, the client will be charged extras in accordance with our pricing structure. All flat Transfer rate include a grace waiting period airports pickups: Imédiat Services monitors all commercial airline arrivals to ensure on-time airport pickups. A forty-five (45) minute grace period is allowed on all arrival. Waiting time charges will apply after the grace period and are accrued in quarterhour increments, based on the vehicle’s hourly rate. Non-airport pickups: For all pickup locations other than airports, a fifteen (15) minute grace period is allowed. Waiting time charges will apply after the grace period and are accrued in quarter-hour increments, based on the vehicle’s hourly rate NOTICE To book and/or pay for a Service, the Customer must be an adult or emancipated minor, have the legal capacity to enter into a contract and comply with the Terms of Sale. Customers are responsible for the bookings they make on their behalf and for themselves as well as on behalf of Passengers when acting for such Passengers. The Customer guarantees the veracity and accuracy of the information provided. Article 1: Transport Services – Object of the Contract Services consists of transporting Clients who have pre-booked one or more vehicles with a chauffeur. Imédiat Services agrees that the vehicle and chauffeur be in place 15 minutes before the pick-up time from train stations, airports, ports or hotels. A 15-minute waiting period, starting from pick-up time, is included in the price. Concerning transfers from city centers (doorstep pick-up), the vehicle and chauffeur will be in place 5 minutes before the pick-up time, and a 10-minute waiting period, starting from the pick-up time, is included in the price. Imédiat Services commits that: – All interiors and exteriors of our vehicles are cleaned daily before each service. – All our chauffeurs are professional drivers, salaried workers of our company, and holders of the professional tourism chauffeur card, “Grande Remise” license. – All our chauffeurs speak English and wear a suit and tie. Imédiat Services operates as a chauffeur-driven passenger transportation company and as such declares that it complies with the applicable professional regulations. It assumes the safety obligations any professional carrier owes their passengers as well as the responsibilities related to control of the passenger vehicle, whether it owns or leases it. CLIENTS agree to: – Wear their seatbelt. Failure to comply with this rule releases Imédiat Services from liability in the event of an accident. – Not smoke in the vehicle, failure to comply will result in a fixed charge of €250 including tax being applied for cleaning and refurbishment costs. – Not consumption of alcoholic or potentially messy drinks (soda, coffee…) is prohibited in the vehicle. The chauffeur and/or Imédiat Services have the right to refuse to carry any passenger who is believed to be under the influence of alcohol or drugs and whose behaviour poses a threat to the chauffeur, the car or any other passenger. Customers will be liable for any damage caused inside the car by them or by the persons accompanying them in the car (except the chauffeur) or the passenger(s) during the service and will be charged accordingly for any repair or remedial work required to return the car to proper working condition and/or state of cleanliness and/or appearance. Article 1 bis: Specific Conditions of Transport Service. Imédiat Services reserves the right, for any reservation, to schedule a vehicle of equal category and/or superior capacity to the one requested without prior notice to the client. Imédiat Services reserves the right to subcontract all or part of the service requested without prior notice to the client. Imédiat Services reserves the right to modify at any moment and without prior notice to the client, the attribution of one or more planned chauffeurs to carry out transportation services even when the contact information of the latter has already been communicated. All information concerning the details of service are available by phone at + 33 1 47 47 21 78 ,24h a day. Within the context of the all-inclusive service requests, end time indicated on the tariff proposal is the end time of planned services and is the limit time for passenger drop-off. Exceeding the end time indicated on the tariff proposal will lead to billing of supplementary hours according to the hourly scales as defined on the tariff proposal. Different services ordered and filled out on the tariff proposal are all independent. Hourly packages or kilometers unused by the client may, in no way, be carried over or combined with another service or another day. Article 2: Booking. After receiving the quote, the client must return it stamped and signed. The contract is deemed validated only after a deposit of 50% of the total invoice. The remaining balance is due upon receipt of invoice prior to services provided by Imédiat Services The booking request must include the following minimum information: • Dates, times and routes: • Date, time and place of initial pick-up of Passenger(s) • Final drop-off and stop-offs if any • Number of people to be transported (indicate if passenger is disabled and/or in a wheelchair): • Approximate number, weight and overall volume of luggage; • Contact details: • Passenger’s telephone number • Passenger’s email address • Desired model or category of vehicle. Receipt by Imédiat Services of the booking confirmation constitutes the formation of the transportation contract between Imédiat Services and the Customer. LUGGAGE POLICY The total weight of luggage is limited to what is compatible with the vehicle used, based on the space available. The chauffeur and/or Imédiat Services may refuse luggage or items exceeding this limit. In particular, for safety reasons, Imédiat Services will refuse to load any bulky luggage into the passenger area of the vehicle, Imédiat Services will not be held liable for any loss of luggage during or after the Service. Passengers are responsible for their personal belongings and Imédiat Services will not be held liable for any loss or deterioration of such belongings. VEHICLE CAPACITY – NUMBER OF PASSENGERS CARRIED The maximum number of passengers in the car (including the Chauffeur) must not exceed the maximum number of passengers mentioned in the technical specifications of the car. The chauffeur and/or Imédiat Services reserves the right to refuse a passenger exceeding these limits. PETS Small dogs and other small pets weighing no more than 6 kg, suitably contained in a carrier of no more than 45cmx30cmx25cm are allowed in vehicles, up to a maximum of two. Subject to this requirement, no other pets are allowed in vehicles. Article 3: Updates and Cancellation Policy. Any updates must be made by phone or email. Imédiat Services is dedicated to taking the necessary measures in order to reasonably satisfy client requests. Any cancellation must be made to Imédiat Services in the following delay prior to transport services (unless differently specified on the tariff proposal): • J-4 before service : no charge • J-3 before service : Fees 30 € • J-2 before service : 25% of the total amount • J-1 before service : 50% of the total amount • Day of service : 100% of the total amount Article 4: Lateness and No Show In the event that the Client would be late at the time of pick-up (with the exception of a plane or train delay), and not having previously informed Imédiat Services, the chauffeur will wait 15 minutes, after this delay transport will be considered as cancelled and in no case refunded. Beyond the waiting time stipulated in Article 1, waiting will be billed on an hourly basis depending on the vehicle category, per 15 minutes periods. Article 5: Price and Payment All completed services are to be paid in full, the price includes the vehicle with a chauffeur at your disposal for the predetermined routes as well as toll fees and fuel. Payment for supplementary services will be made directly to the chauffeur by the Client. Supplementary services are considered any service made by Imédiat Services, requested by the Client and not stipulated in the quote. Any late payments will lead to due penalties without prior formal notice, the late penalties will be equal to three times the legal interest rate, calculated on the total amount of the bill, including taxes. Any Client with late payment status is right debtor in respect to Imédiat Services, a lump sum for recovery fees of which the amount is fixed by article D.441-5 of the Code of Commerce at 40 euros. When the recovery fees are superior to this lump sum, the creditor can ask for additional compensation upon justification. Imédiat Services is authorized to apply up to 3% increase on the total amount of the services, taxes included, if payment is made by American Express or any other cards affiliated with entities charging commissions to Imédiat Services Article 6: Discounts and Rebates. The services provided will be billed under current condition rates at the time of the quote. No discount will be granted in the event of an anticipated payment. Article 7: Disclaimer, Limitation of Liability, and Insurance. Imédiat Servicesshall not be liable for the non-execution or lateness of one of its obligations described in the present General Sales Terms & Conditions, resulting from a force majeure (Article 1148 du Code Civil). Meaning all events deemed by Imédiat Services to be over-powering, insurmountable, and external to the company (exceptional climate conditions, streets or highways which have been blocked in an unforeseen or exceptional way, stopped traffic, accident…). In the event of immobility of the vehicle during the transport due to mechanical failure, an accident or damage (theft, weather damage), Imédiat Services will do its best to ensure the continuity of the route, be it by one of its own vehicles, or by a vehicle chartered from another company and will attempt to notify the Client. Responsibility by Imédiat Services is limited to the terms of our insurance contract with Aviva Insurance. The Client will have an option to subscribe to a complementary insurance at his own expenses for cancellation fees, coverage of transported baggage, without this being an exhaustive list. Article 8: Jurisdiction and Applicable Law. All claims must be made in writing with an advice of delivery within 8 days of the execution of the services provided. The present content figuring in the General Sales Terms & Conditions will be subject to French law. In case of a dispute, power of jurisdiction is attributed to the Commercial Court of Paris, which is expressly accepted by customers of Imédiat Services. Article 9: Client Acceptance Policy. The present General Sales Terms & Conditions as well as quotes, booking confirmations, discounts and rebates are expressly agreed to and accepted by Clients of Imédiat Services effective from the time of booking confirmation. Clients here to acknowledge and declare to have a full understanding of these terms and conditions and because of this renounce any contradicting document in particular their own terms of purchase. Article 10: Personal Data. These Terms are subject to the personal data protection regulations (including regulation (EU) 2016/679 of 27 April 2016 and the French data protection act No 78-17 of 6 January 1978). Personal data collected by Imédiat Services when making the booking and performing the services (particularly via the GPS system with which the Vehicles are equipped) include: • the customer’s identification data as well as the Customer’s postal address, telephone number and email address; • the passengers’ email address and ‘phone numbers; • data relating to payment methods; • data relating to the vehicle’s movements and location; • data on the vehicle’s speed and distance travelled. PURPOSES OF PROCESSING The purposes of the processing of such data by Imédiat Services include: • preparation and performance of the contract, including: o managing and confirming bookings of Services; o monitoring and billing Services o emergency calls in the event of an incident or accident; o complaint management o combating fraud. • pursuit Imédiat Services’s legitimate interests in terms of promotion and prospecting, including: o monitoring the Customer relationship (maintaining customer satisfaction, customer loyalty); o developing business statistics and/or analyses; o sharing of advertising information or commercial offers for goods or services similar to those subject to these terms. Imédiat Services will only be able to use the Personal Data provided by the Customer to share advertising information or offers from its business partners with the Customer’s consent. By accepting these ToS, the Customer accepts the collection and processing of the abovementioned personal data for the above purposes by Imédiat Services, the data controller. DATA RETENTION Imédiat Services records and retains personal data in relation to the service for a period of three (3) years from the Booking. At the end of this period, said personal data may be archived by Imédiat Services, so it can comply with the accounting, tax and legal obligations incumbent on it (including the 5-year limitation period applicable to Contracts/article 2224 of the French Civil Code; the 10-year period for the retention of invoices/ L123-22 of the French Commercial Code). Imédiat Services has the technical means to guarantee the confidentiality and security of the data collected. CUSTOMER RIGHTS Clients have the right to access data concerning them. They can request the following at any time: • rectification, update and/or erasure of personal data • restriction of the processing of their data • oportability of their data • objection to the handling of their data on legitimate grounds. To exercise these rights, Customers can send their request to: Imédiat Services 66 Avenue des Champs Elysées 75008 Paris Customers must enclose proof of identity to exercise the above rights. Article 11: Intellectual property. Imédiat Services’s website, including but not limited to photographs, graphics, customer interface, editorial content, scripts and software, contains information and elements belonging to Imédiat Services and/or its subcontractors, protected by intellectual property law. The Customer expressly acknowledges that he/she must not use this information or these documents, except for use in accordance with the Terms and Conditions. Customers must not copy, reproduce, display or use any element of Imédiat Services’s website protected by intellectual property in any way without Imédiat Services’s prior written consent. Customers must not establish a link, including through a hyperlink or mirror link, either electronically or otherwise, to any part of the website or an application without Imédiat Services’s prior written consent. Article 12: Applicable law. The Terms and Conditions and any related contract are performed, regulated and interpreted exclusively in accordance with French law. In the event of a discrepancy or conflict between the English and French versions of the Terms and Conditions, the French version will prevail. The English version is provided for informational purposes only. In the event of a dispute, the Customer will contact Imédiat Services to try and resolve the issue. Any dispute that cannot be resolved by agreement will be: • subject to the exclusive jurisdiction of the French courts if the Customer is a consumer; • subject to the exclusive jurisdiction of the Paris Commercial Court if the Customer is a business. If one or more stipulations of these Terms of Sale are invalid or inapplicable, the remaining stipulations will retain their full force and effect. VERY IMPORTANT Passenger transportation for payment is a regulated activity. Only authorized vehicles (chauffeurdriven cars; occasional transport) can perform this service, within the legal and regulatory provisions stipulated. We take the liberty of warning our customers against certain companies or individuals who do not comply with these provisions and cannot offer any guarantees.
