Company: TranspOnyx SASU
TranspOnyx, is a simplified joint-stock company with a capital of 2700 euros, with its registered office located at 163, Boulevard de la Madeleine, 06000 Nice France, registered in the Nice Trade and Companies Register under number 834 807 901, represented by Mr. Hanafi Daniel HAS GOUGAM its President.
Article 1. Online acceptance of the General Conditions of Sale (hereinafter, "GTC")
The use of our Website and our application is linked to the acceptance of these GTC. At the time of the creation of the user account, our Users (as this term is defined below) must click the box "I accept the General Conditions of Sale". Only the acceptance of these GTC allows Users to access the services offered by the Site (as this term is defined below). The acceptance of these T & Cs is complete and forms an indivisible whole, and Users cannot choose to apply only part of the T & Cs or even formulate reservations.
By accepting the T & Cs, the User accepts in particular article 6 of the T & Cs concerning the "Processing of personal data of users" as well as the Cookies Charter in which the defined terms preceded by a capital letter will have the meaning assigned to them in these GTC.
In the event of a breach of any of the obligations provided for herein, TranspOnyx reserves the right to delete the User account concerned.
Article 2. Modification of the General Conditions of Sale
TranspOnyx reserves the right to modify the GTCS, the functionalities offered on the Site or the operating rules of the Application at any time (as this term is defined below). The modification will take effect immediately upon the posting of the GTCS that any User acknowledges having previously consulted. When the modification occurs after the payment by the User of a sum of money corresponding to an Order, the modification does not apply to the current transaction. TranspOnyx notably reserves the right to offer new, free or paid services on the Site or the Application.
Article 3. The Object
TranspOnyx is a VTC (Transport Car with Driver) transport company, offering guided tours, the provision of a Car with Driver and the transport of luggage and small goods.
TranspOnyx has an authorization from the register of operators of transport vehicles with driver, the number of which is: EVTC006180074. It obeys the provisions of articles L 231-1 to L231-4 of the Tourism Code and decree n ° 85-891 of August 16, 1985.
Article 4. User account creation
Any user can create a user account, following the free installation of the Application on the mobile phone of the person who wishes to book a Race (hereinafter, the "User"), or on the Website https://transponyx.com (hereinafter, the "Site"). When registering, the User chooses a login and password, which are personal, confidential and non-transferable to third parties. After having previously informed the User, TranspOnyx may, for the purposes of operating the service, modify, change, delete a username and / or password at any time. The user records his personal information (name and surname, email, telephone number, postal code of the place of residence). At no time does TranspOnyx store or have knowledge of the user's banking information. The bank details used and, with the agreement of the user, recorded will be kept by the secure banking organization Stripe or SumUp ; the User authorizes his bank during the payment to debit his bank account for the amount appearing in the statements or on the invoice sent by TranspOnyx. The User guarantees the veracity and accuracy of the information he communicates to TranspOnyx through the Site or the Application. The creation of the User account can only be validated after the express acceptance of these General Conditions by the latter, who will thereby acknowledge having read them.
Article 5. Use of the Site or Application
To use the Site or the Application, the User must be legally capable of contracting and using the Site or the Application in accordance with these General Conditions. To access the reservation services of the Site or the Application, the User must identify himself by a username and password. Any Order through the Username and Password of the User is deemed to be made by him. The User undertakes to use the Site or the Application in a reasonable manner and in particular, not to present the following characters at the time of its assumption by the driver:
- Obvious drunkenness
- Number of people not exceeding the limit indicated when booking
- Number of pieces of luggage not exceeding the limit indicated during the reservation or volume of luggage not higher than the carrying capacity of the vehicle
- Presence of animals not enclosed in a cage or in a bag. Or if the driver has an allergy to animal hair. Guide dogs are exempt from this requirement
- Outrageous or unethical behavior.
This commitment is also made on behalf of the Passenger, if it is a person different from the User.
Article 6. Processing of users' personal data and content of the Site & Application
6.1. General provisions
In accordance with the provisions of law n ° 78-17 of January 6, 1978 modified by law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms, TranspOnyx proceeded with the National Commission of l 'Informatique et des Libertés (CNIL) to the prior declaration of the processing it operates on personal data concerning you, in accordance with simplified standard No 48 (CNIL deliberation no 2005-112 of 7 June 2005 creating a simplified standard concerning the automated processing of personal data relating to the management of customer and prospect files - OJ No. 149 of 28 June 2005). The data controller for the User is TranspOnyx. In accordance with the provisions of simplified standard No. 48, only employees and service providers of TranspOnyx have access to your personal data, whose task is to operate the Site & the Application. The data indicated as mandatory in the form allowing to become User of the Site or the Application require an exact response from the latter. Any failure to respond or any response deemed abnormal by TranspOnyx is likely to result in TranspOnyx refusing to take into account the request for registration on the Site or the Application. The data collected by TranspOnyx within the framework of the services rendered on the Site are treated in accordance with the provisions of the simplified standard n ° 48 and of the law "Computing and Liberties" of August 6, 2004.
6.2. Transmission of users' personal data to third parties
In accordance with the provisions of the simplified standard n ° 48, TranspOnyx reserves the right to transmit all or part of the personal data concerning the Users in strict compliance with the simplified standard n ° 48 and the law "Informatique et Libertés" of August 6 2004. Any use of personal data other than that indicated above must be the subject of individual, prior and explicit consent from the Users. In accordance with the law n ° 78-17 of January 6, 1978, TranspOnyx will collect the agreement of the Users for any transmission of its data to commercial partners for direct marketing operations by means of a check box.
6.3. Right of access, rectification and opposition
In accordance with law n ° 78-17 of January 6, 1978, the User has a right of access and rectification on the personal data concerning him, by contacting the webmaster of the Site or the Application, except for the personal data given to TranspOnyx when filling out the online membership form and which it is up to the User alone to modify and update, as stated in article VII.4 "Updating personal data ”. In accordance with law n ° 78-17 of January 6, 1978, the User has the right to object, free of charge and free of charge, to the use of his personal data for prospecting purposes, in particular commercial, by TranspOnyx or by its business partners. If this right of opposition is exercised for this reason directly with TranspOnyx, the latter undertakes to pass on this opposition to its contractual partners to whom it may have transmitted the User's personal data. In accordance with the law n ° 78-17 of January 6, 1978, TranspOnyx undertakes that the personal data concerning the User, even those transmitted to possible commercial partners, are not transmitted outside the European Union, except to obtain the express consent of the latter in advance. In accordance with law n ° 78-17 of January 6, 1978, TranspOnyx reserves the right to transmit personal data concerning the User, either to comply with a legal obligation, or in application of a judicial, administrative, or an independent administrative authority (such as the National Commission for Data Protection).
6.4. Updating personal data
The User undertakes to ensure, as necessary, the updating of personal data concerning him. He further undertakes that the personal data concerning him are exact, complete and unequivocal. He may at any time access, using the password and login on the Site, his User account containing all the personal data he has provided to TranspOnyx.
6.5. Security of personal data
In accordance with the law n ° 78-17 of January 6, 1978, TranspOnyx undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of personal data concerning the User and, in particular, prevent his personal data from being distorted, damaged, or that unauthorized third parties have access to it.
6.6. Site Hosting
The host of the Site, is the company o2switch. He acts as a subcontractor of TranspOnyx, within the meaning of law n ° 78-17 of January 6, 1978, only on written instruction from TranspOnyx, and does not have the right to use the personal data of the Users for whom he is likely to have access, except for the purpose of performing technical hosting and database management services and only under the contractual conditions signed between him and TranspOnyx which cannot derogate from this article.
6.7. Intellectual property
The Site is the property of TranspOnyx. Any reproduction, even partial, is subject to the prior written consent of TranspOnyx. Any hypertext link directed to a page other than the home page of the Site, is subject to the prior written authorization of TranspOnyx. The site visitor agrees not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or any of its elements would constitute an infringement likely to lead to civil and / or criminal proceedings and to expose the visitor contravening the recalled penalties.
6.8. Content of the Site entered by Users
TranspOnyx is not responsible for the content entered on the Site by Users. However, as soon as it is brought to the attention of TranspOnyx that content would infringe the rights of third parties, TranspOnyx will make its best efforts to remove the content at issue from the Site without delay.
Article 7. The Order
The Race Order via the Application or on the Site is subject to the User's prior acceptance of these General Conditions.
7.2. Description of the stages of the Order
To order, the User connects himself to the Application or on the Site, by entering his username and password.
126.96.36.199 Last minute booking
Last minute bookings between 8:00 p.m. and 8:00 a.m. for the next day can only be confirmed after a telephone call to our reservations department.
188.8.131.52 Advance booking
The User enters the reservation date, which includes three fields: day, month and time. This date should be at least 12 hours before the delivery date
Special feature Monegasque legislation:
The reservation is compulsory minimum 2 hours before pick-up in Monaco, and minimum 4 hours between November 1 and April 30.
7.2.3. Fields to fill in relating to the desired Race
The User completes the different fields mandatory relating to the desired Race:
- Place of departure, possibly place of destination
- Car type and range
- Passenger identity, mobile phone number and Email
- Number of passengers
- Flight number for airport reception.
- Acceptance of the GTC
If these fields are not completed, the Order process cannot be completed. TranspOnyx offers a price for carrying out the requested Race.
The User is free to accept or not the offer offered by TranspOnyx; if he accepts it, he must first make sure that all the information displayed conforms to the desired Race. TranspOnyx transmits to the Driver responsible for the Race, the elements of the Order.
7.3. Delay / Order Cancellation
To be able to validate his Order, the User must imperatively read and accept these GTCS, which, in terms of delay or cancellation of Order will prevail over the General Conditions of Sale of the Driver if this race is subcontracted, when well even the latter would be more favorable to the User.
Beyond ten (20) minutes late after the agreed meeting time, TranspOnyx will be free to no longer run the Race and payment for the latter will be due by the User. It will therefore be automatically withdrawn.
By way of derogation from the above, in the case of Races taking place from an airport, the price of the Rally includes a waiting excess of 60 minutes beyond the meeting time fixed by the 'User on the condition that the latter has indicated the references of the flight in question (field provided for this purpose on the TranspOnyx booking interface).
For the Races for which the User has indicated the flight references, the Driver will be required to adjust the time of the meeting according to the actual arrival time of the aircraft if it arrives at present a delay on arrival.
In addition to the waiting period of 60 minutes beyond the initial meeting time set by the User, TranspOnyx is entitled to charge an additional waiting fee, at the rate of € 1 per additional minute of waiting.
The user has the option of canceling his Race without charge until of them (2 hours before the schedule set during the Order.
In the event of cancellation occurring between two (2) hours and the schedule fixed during the Order, the User will be required to pay 100 % of the amount of the Race.
In the event of cancellation made after the schedule fixed during the Order, the User will be required to pay 100% of the amount of the Race.
In the event of litigation on these questions which fall under Article 7.3 hereof, notification will be automatically made to TranspOnyx and the latter will make its best efforts to reach an amicable settlement when possible, without contracting anything else than an obligation of means.
7.4. Obligations of TranspOnyx
Upon receipt of the User's request, TranspOnyx undertakes to send him a confirmation of the Order by email or SMS containing, the detailed summary of the race.
Article 8. Payment methods
The means of payment accepted are those accepted by our operators Stripe or SumUp in addition to payment by species. By default, checks are no longer accepted. Payments can be made to TranspOnyx either at the time of online booking (On the Site or the Application) or With the driver at the start or end of service. In case of delay of the Driver resulting in cancellation of the TranspOnyx Race will reimburse the Customer.
8.1. Failure to pay
Any delay or failure to pay for any reason whatsoever, will result in an increase in the sums due as a penalty clause by a lump sum of 'fifteen (15) euros. It will also be likely, in the event of repetition, to cause the closure of the User account by TranspOnyx.
Article 9. Execution of Races
9.1. Scope of Races
The Race begins when the Passenger gets into the Driver's vehicle and ends when the Passenger gets out of the same vehicle.
9.2. Support for the Passenger
9.2.1 Obligations of the customer
After validation of the reservation, the client must present himself at the place of appointment on the day and time.
The customer will receive an email and / or a confirmation SMS.
If the driver waits, waiting costs, the amount of which we have determined in article 5, will be automatically billed to him beyond 15 minutes.
In the event of the Customer not showing up, the Driver is deemed free to leave after a waiting period of 30 minutes.
The customer undertakes to behave, on board the vehicle, like a good father.
In the event of damage to the equipment or the vehicle attributable to the Customer, the Company will invoice him for the costs of repairing or changing equipment.
Passengers, adults and children, are required to fasten their seat belts. A fine is incurred by those caught in default during a control by the police.
For safety reasons, smoking and transporting flammable, explosive, corrosive or toxic substances are prohibited. Failure to comply with this stipulation engages the responsibility of the Customer and the passenger. The Company then reserves the possibility of any possible recourse.
Luggage (a cabin / passenger type suitcase) must be placed in the vehicle trunk. Baggage remains the sole responsibility of the Customer. No luggage may be entrusted to the driver. The driver may refuse baggage whose weight or dimensions are excessive, as well as those which he considers prejudicial to the safety of transport.
Any modification of the estimate of the race initially planned and paid in advance through the site (waiting, parking, additional stop, change of address, etc.) will entail additional costs which are invoiced to the customer directly with the driver.
The Driver may refuse to take charge of the Passenger in the following cases:
- Obvious drunkenness
- Dangerousness; Number of people exceeding the limit indicated when booking
- Number of baggage exceeding the limit indicated when booking or volume of baggage greater than the vehicle's carrying capacity
- Presence of animals not enclosed in a cage or in a bag. Or if the driver has an allergy to animal hair. Guide dogs are exempt from this requirement
- Outrageous or unethical behavior
In the above-mentioned cases, the Race will be automatically invoiced to the User, despite the refusal to pay.
Support for the Passenger can also be canceled by TranspOnyx, in the event of force majeure meeting the definition criteria laid down by the legislative texts in force and commonly recognized by case law. The User will receive an email to notify them. In this case, the Race will not be invoiced.
9.3. Modification of the Order by the Passenger
Once the Order has been placed by the User, any modification to the place of destination will result in the invoicing of the supplement of an hourly and / or kilometer rate corresponding to the type of vehicle. At a minimum, the User will be invoiced for the lump sum initially accepted when ordering.
The Driver is free to accept or not any modification to the destination of the Race.
9.4. Race route
The price of the Race being determined in advance, the Driver is free to choose the route that he deems the shortest or the fastest to drive the User to the destination of the Race. The User may however suggest an itinerary to the Driver, but the latter remains free to accept it. The same applies to any intermediate stop or detour that the User wishes to make.
Article 10. Quality commitment
10.1. Regulatory compliance
TranspOnyx requires Drivers to comply with the laws in force regarding the operation of transport cars with Drivers or the possession of a license, when necessary.
TranspOnyx does not however respond to changes in situation of which it has not been informed.
10.2. Availability of the Application
The Application allows a 24/7 operational service, 365 days / year. TranspOnyx may nevertheless interrupt it, with or without notice to the User, for reasons inherent to operational constraints.
Article 11. Liability of TranspOnyx
The performance of a Race resulting exclusively from the agreement between the User of the Site or the Application and the Driver independently of TranspOnyx is strictly prohibited. As such, the actual running of the Race ordered by the User and accepted by the Driver cannot give rise to liability attributable to TranspOnyx, on any basis whatsoever.
TranspOnyx strives to ensure the availability of the Site and the Application 24 hours a day, 7 days a week.
However, it may happen that access to the Site or the Application is interrupted in the context of maintenance operations, hardware or software upgrades, emergency repairs to the Site, or as a result of circumstances independent of the will of TranspOnyx (such as, failure of telecommunications links and equipment). TranspOnyx undertakes to take all reasonable measures to limit these disturbances, insofar as they are attributable to it.
Users recognize and accept that TranspOnyx assumes no responsibility towards them for any unavailability, suspension or interruption of the Site or the service and cannot be held responsible for direct and indirect damages of any kind resulting from this fact.
TranspOnyx disclaims all responsibility for services outside the scope of the Race or which would be carried out during the latter, whether at the request of the User or at the initiative of the Driver.
The Race performed by the Driver will be considered as regularly and fully executed if the User does not report any difficulties encountered or reservations immediately after the completion of the latter. In addition, the User must immediately notify TranspOnyx of any characterized breach by the Driver.
Article 12. Liability in the event of litigation
TranspOnyx engages its responsibility in the resolution of disputes within the framework of the CGV accepted by the User. The User may at any time send a complaint by registered mail with request for acknowledgment of receipt to the following address: SAS TranspOnyx, 163, Boulevard de la Madeleine, 06000 Nice or by email to the address [email protected]
TranspOnyx undertakes to do everything to reach an amicable resolution.
In all cases, and without prejudice to what has just been explained above and in the other clauses concerning the absence of liability of TranspOnyx, any cause of liability which could be accepted against TranspOnyx cannot give instead of paying damages, the amount of which will be limited to the amounts collected for the Race or its cancellation.
Article 13. Responsibility of the User
The User must adopt reasonable civil behavior throughout the Race, not hampering its proper performance.
The provisions of this Article apply automatically to the Passenger if the latter differs from the User, the latter being responsible and guarantor of compliance with these conditions for the Passenger.
Article 14. Severability
In the event of the nullity of any provision of these GTC, it is deemed unwritten and the other provisions retain their force and scope.
Article 15. Applicable law - Competent courts
These General Conditions obey French law.
Disputes between traders are exclusively submitted to the Commercial Court of Nice
In the event of a dispute, you can also call on a consumer mediator
Contact details on the site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
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