General Terms and Conditions of Sale and Delivery of Service

on effect further to the 1st of June 2020

PREAMBLE

These general terms and conditions of sale and delivery of service (hereinafter “the general terms and conditions”) apply to the various works and services (hereinafter “the Services”) rendered under commitments accepted by Aquitaine Limousine, simplified share company with variable capital, registered at the Bordeaux Register of Businesses and Companies under number 819 429 580 00015, with its registered office at 12 Cours de Québec, Bâtiment B, Porte 205, 33300 Bordeaux, and registered in the French Registry of the Chauffeured Transportation Operators under Certificate of Registration EVTC033163114, in accordance with Article R.231-3 of the French Tourism Code (hereinafter “the Provider”).
Aquitaine Limousine SAS provides to any individual or corporation (hereinafter “the Client” or “the Customer”) chauffeured transportation services and services related. As a French company Aquitaine Limousine S.A.S.
As a French company, Aquitaine Limousine SAS is subject to French laws.

OBJECTIVE

The Service Provider reserves the right to modify or adapt the general conditions at any time and without notice, in particular to bring them into compliance with legal and regulatory provisions. The Customer is thus invited to regularly consult the general terms and conditions, before any service booking.
The general terms and conditions applicable to each service are those in force at the time of the final validation of the Services by the Customer.
Any reservation request, acceptance of quote, or signed order with Aquitaine Limousine SAS entails acceptance of the general terms and conditions by the Customer, who further acknowledges, having read them.

BOOKING OF THE SERVICE

The reservation of a service can be done in several ways, through the Provider’s websites https://www.aquitaine-limousine.com and https://www.bacchus-tours.com, by exchange of e-mails with the Provider, or by calling on +33 623 013 321, or by post. Upon receipt of the reservation request, a quote will be sent to the Customer. Quotes are valid for fifteen (15) days from the date of issue. When booking is done in any other ways than with the dedicated pages in the Provider’s websites, the reservation of the service will become contractual and will be considered as firm and definitive, after return of the estimate accepted by the Customer, and bearing its signature and the mention “Good for agreement”. In all cases, a deposit of a minimum of 50% of the price of the Service must have reached the Provider four (4) hours before the start of the Service. This deposit must be visible on the company’s bank accounts in the same conditions of time. Payment of this deposit may be done in cash, by credit card, by bank transfer, or by PayPal.

Regarding tourist services, wine-tours, excursions, etc., a deposit of 50% of the price of the service will be systematically requested upon booking.

PRICES

The prices indicated are calculated all taxes included in Euros (€). These prices therefore include VAT at the prevailing rates, i.e. 10% (as of June 1, 2020) for transport operations. The prices indicated include professional civil liability insurance covering the activity of transporting people, fuel for the vehicle(s), the salary of the qualified driver(s) (as required by the regulations), maintenance of the vehicle(s), the kilometers and time indicated in the reservation, the transport of the client’s luggage.

Toll Fees, Car Parks and Entry Fees:
Toll charges are not included in the prices indicated, they may possibly be the subject of an additional invoice, unless they have been considered in total on the initial invoice. Parking costs, entrance fees to sites (museums, theaters, exhibitions, shows, monuments, castles, etc.) are not included in the prices indicated.

Accommodation and Meals:
The driver’s meal costs, in the case of service during mealtimes, the driver’s accommodation costs in the event of a long journey or significant distance from his base (ie the headquarters of Aquitaine Limousine SAS) are invoiced in addition to the service provided. These accommodation costs are linked to the rest the driver must take to comply with the legislation in force on the maximum working time, and the mandatory rest times, whether as part of a service over a period of several days, or because the approach route from the pick-up location, or the return to the base for the driver, implies a duration such that a rest period must be provided.
The meal costs will be invoiced according to the following terms: For any service of an amplitude greater than four hours, and when the service is planned in part or in whole during the usual hours of meal, either between 12:00 and 14:00 or between 19:00 and 21:00, a flat-rate meal allowance of twenty Euros including tax (20€ incl. Tax) per meal, in France, and thirty Euros including tax (30€ incl. Tax) per meal, outside France will be invoiced.
Accommodation costs will be invoiced according to the following terms: if the driver’s service should include one or more nights, to respect the maximum working time fixed by the regulations, they will be invoiced at one hundred Euros including tax (100€ incl. Tax) per night and twenty Euros including tax (20€ incl. Tax) for breakfast, in France, and one hundred and twenty five Euros including tax (125€ incl. Tax) per night and twenty five Euros including tax (25€ incl. Tax) for breakfast, outside France.

Mileage Calculation:
For all services, excluding transfers, the time and mileage billed are meant departure from the base (i.e. the headquarters of Aquitaine Limousine SAS) and return to the base. Any additional time and / or mileage beyond those initially scheduled, requested by the Customer, will be subject to additional invoicing. This request will however be conditioned by the availability or not of the Chauffeur, and cannot be accepted, if this should impact the service reserved by the next Customer.
The hourly booking service includes a package of 25km per hour. The fact for the Customer of not having used the totality of the kilometers included in their service, cannot in any case give rise to either a discount or a refund of any kind. For hourly booking, any started hour is due. Additional kilometers beyond those packaged in the hourly rate will be charged at the rate of 1.50€ per kilometer.

Waiting Time:
There is a 60-minute wait after the theoretical arrival time of the flight at the airport, or train at the station, for greeting of the Customer. As Aquitaine Limousine SAS cannot be held responsible for delays in rail traffic, air traffic, or malfunctions and hazards of the related services, will be invoiced, for the “Sedan” services, fifteen Euros including tax (15€ incl. Tax) per 15 minutes of additional waiting, between 8:00 and 20:00 from Monday to Friday, and twenty Euros including tax (20€ incl. Tax) per 15 minutes of additional waiting, outside of the previous hours. Any quarter of an hour started is due, and billing will be done in increments of 30 minutes, beyond one and a half hour after the originally planned pick-up time.

Miscellaneous:
In the unlikely event that the Customer and the Chauffeur were not able to find each other, it is the Customer’s responsibility to contact the Chauffeur at the following number +33 623 013 321, or the number provided at the time of booking. If the Customer does not contact the Chauffeur, the service for the Customer will be considered as a no-show, the service will then be canceled and will be considered as a cancellation within 24 hours before the appointment, as described in the section “Cancellations and Postponements”.
Transfers are planned for a defined route, time and place of pick-up, if one of the elements of this reservation has to be changed, this will give rise to additional invoicing. This request will however be conditioned by the Chauffeur’s availability and cannot be accepted if this should impact the service reserved for the next Customer. Also, a wait longer than 15 minutes, due to the Customer, will be billed under the same conditions as those previously defined for waiting at stations or airports.
However, it is expressly agreed, between the Service Provider and the Customer, that delays related to traffic conditions (traffic jams, accidents, deviations, etc.), weather conditions, or unforeseen events, do not give rise to additional billing, but also do not entitle the Client to any compensation of any kind.
For any service performed at night, between 20:00 and 8:00, a rate increase equivalent to 15% of the usual daytime rate will be applied.
Our prices are subject to readjustment without notice of any kind.

PAYMENT OF THE SERVICES

Non-professional Clients:
All services must be paid in full at the end of the Service. Thus, the payment of additional invoices, invoices linked to changes in the Service initially planned, or the balance of a Service for which only a deposit would have been paid, are due at the end of the Service. Payment will be made to the Chauffeur either by credit card or in cash.
No discount in case of early payment. Any delay in payment will automatically give rise to and without any formal notice being necessary, for the payment of late payment penalties based on the semi-annual key rate of the European Central Bank (ECB) increased by 10 points.

Professional Clients:
For account consignors, invoicing may be established monthly from duplicates of intervention vouchers established for each service, countersigned by the Client or their beneficiary of the service. The monthly invoices will be settled upon receipt without delay.
For all professionals, no discount is granted for an early payment. Any delay in payment will automatically give rise to and without any formal notice being necessary, for the payment of late payment penalties based on the semi-annual key rate of the European Central Bank (ECB) increased by 10 points and will be subject to the payment of a lump-sum indemnity for recovery costs in the amount of 40€. The execution of current and future services concluded with the Customer will be suspended until full payment of the invoices due and the generated interest on delays.

CANCELLATION AND POSTPONEMENT

Pursuant article L.121-20-4 of the French Consumer Code, none of the services offered by the Provider is subject to the right of withdrawal provided for in articles L.121-20 and following for the consumption in distance selling. Consequently, any cancellation or modification at the request of the Customer before departure entails the collection of the following costs:

Transfers and Simple Transportations
Reservations canceled less than 48 hours before the scheduled pick-up time, or the Customer’s no-show will be billed, and will not be eligible for a refund if they have already been paid, in all or part.
A reservation postponed by the Customer to a later date, less than 48 hours before the scheduled pick-up time, and if the availability of the Service Provider allows it, will open up to the Customer a credit of 75% of the cost of the reservation initially planned, i.e. a deferral penalty of 25% of the cost of the service initially planned.
For a postponement by the Customer, of a reservation planned more than 48 hours after the request for deferral, and if the availability of the Provider allows it, there will be no penalty, and the Customer will benefit from the deferral of the amounts initially paid, on the new service.

Touristic Tours and Hourly Booked Services Lasting Less Than 10 Hours
Reservations canceled, by the Customer, 8 days or more before the scheduled date of the service, will not result in any penalty. The Client may ask to be reimbursed of all sums already paid, or to affect these sums to a postponed service.
Reservations canceled, by the Customer, 7 days or less before the scheduled date of the service, will result in penalty of 50% of the price of the booked service. In case the Client wants to postpone the service, and if the availability of the Provider allows the postponement, the penalty will be of 25% only.

Accommodation, Touristic Tours with Accommodation or Over Several Days and Hourly Booked Services Lasting More Than 10 Hours
Reservations canceled, by the Customer, 31 days or more before the scheduled date of the service, will not result in any penalty. The Client may ask to be reimbursed of all sums already paid, or to affect these sums to a postponed service.
Reservations canceled, by the Customer less than 30 days and more than 7 days before the scheduled start of the service, will result in a penalty of 50% of the price of the reserved service. In the event that the Customer wishes to postpone the service, and if the availability of the Service Provider allows the postponement, the penalty will be only 25%.
Reservations canceled by the Client less than 7 days before the scheduled start of the service will result in a penalty of 100% of the price of the reserved service. In the event that the Customer wishes to postpone the service, and if the availability of the Service Provider allows the postponement, the penalty will be only 50%.

Cancellations at the initiative of the Provider
The customer will be reimbursed for all the sums already paid, or for the deferral of these on the reservation of a new service, according to the choice he has made.

ROAD REGULATIONS & ON BOARD BEHAVIOR

The Chauffeur committing his responsibility for the duration of the services, he is instructed to respect and ensure respect for road regulations and laws in force. In no case may the Customer demand that the Chauffeur exceed the authorized speed limit or commit traffic violations. Likewise, the driver is forbidden to lend his assistance to any undertaking or action contrary to morality or decency. It is compulsory to wear a seat belt at the front and at the rear. Failure to comply with this rule by the Customer(s) exonerates the Service Provider from all liability in the event of a police check, or in the event of an accident.
The Customer undertakes to maintain a correct attitude, not to smoke, not to consume narcotic products or alcoholic drinks inside the vehicles.
The Service Provider reserves the right to stop the performance of the service, or to refuse access to the vehicle to one or more Customers with aggressive, disrespectful, vulgar or insulting behavior towards customers, passers-by, users from the road or the chauffeur. Refusal to carry out the service, or to complete it, for these reasons, will result in the invoicing of all of it and will not give rise to any compensation or reimbursement of any kind.
Also, the reservation of a vehicle does not guarantee access to the said vehicle, the Chauffeur being authorized by the Management, to refuse access to people with a blood alcohol level which he considers advanced, or likely to pose a problem, or requiring specific care. Any damage that may be caused to the vehicle, as well as to its equipment, will be borne by the Customer.
Any damage to the vehicle or damage caused by the untimely opening of doors or windows by the Customer will be invoiced to him. This is why the Service Provider asks the Customer to let the Chauffeur open and close the doors of the vehicle.
Taking onboard and consuming food and drinks, other than those made available to the Customer by the Service Provider, are not accepted in the vehicle, except with the Chauffeur’s prior agreement.
No animal will be accepted in the vehicles except in a cage, a bag, or an airtight container, provided for this purpose. The acceptance of any animal in the vehicles remains at the entire appreciation of the Chauffeur.
Tips are neither included nor compulsory. They are left to the discretion of the Client.

LUGGAGE & PERSONAL EFFECTS

The amount of luggage transported is proportional to the volume of the vehicle’s luggage compartment. Consequently, these must fit in the rear boot of the vehicle and be of a reasonable size that does not jeopardize the safety of the passengers and the Chauffeur.
The weight of luggage is limited to 25 kg per passenger. In case of baggage exceeding this weight, the Customer must inform the Service Provider when booking the service.
Baggage must not present any risk of damage to the vehicle. Any deterioration of the vehicle, due to passenger luggage will be charged to the Customer.
Baggage remains the responsibility of the Customer. Fragile or valuable objects present in luggage remain under the sole responsibility of the Customer.
The Service Provider cannot be held responsible for the loss or forgetting of luggage or any other object in the vehicle.

INFORMATION & CONFIDENTIALITY

The Service Provider is subject to a legal obligation of professional secrecy.
Each party agrees not to disclose confidential information received from the other party. Confidential information means information of any kind, visual or oral, in any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each of the parties. Subject to the exceptions set out below, this confidentiality obligation will take effect for a period of 2 years following the end of the Services. The content of the Services as well as the reports, letters, information, notes, quotes, provided by the Service Provider during the performance of the services are also confidential. These documents are communicated to the Client for strictly internal use and on the condition of not disclosing them to third parties or of annexing them to a document which it is required to produce. If the Customer wishes that all or part of these documents be disclosed to / or used by a third party, he must request the prior authorization in writing from the Service Provider. Methods applicable to this disclosure will then be set.
The above obligations and restrictions do not apply to:
– confidential information which belongs to the public domain, or were acquired freely before the start of the Service,
– confidential information which are or become known other than as a result of a violation of this article,
– confidential information which are or become known through other sources not subject to a disclosure restriction,
– or confidential information which must be communicated under a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.
Subject to its confidentiality obligations, the Provider reserves the right to perform Services for companies competing with that of the Client.
The Customer recognizes and accepts:
– that the parties may, unless the other party expressly requests otherwise, correspond or transfer documents by electronic mail circulating on the internet;
– that none of the parties exercises control over the capacity, reliability, access or security of these emails,
– that the Service Provider cannot be held responsible for any loss, damage, costs or damage caused by the loss, delay, interception, diversion or alteration of any email caused by any fact.

In general, Aquitaine Limousine SAS undertakes to comply with the regulations applicable to the protection of personal data and in particular the provisions of French law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms. The Customer can exercise a right of access to data concerning him, and a right of modification and deletion for the information concerning him, by sending a request to the Customer Service of Aquitaine Limousine SAS.

SUBCONTRACTING

The Provider reserves the right to call on subcontracting companies to ensure continuity of service, to the extent that the service offered is equivalent to that of the Provider.

COMPLAINTS

All complaints, whether amicable or legal, relating to the performance of the Services must be made within two weeks of the end of the performance of the Service.

FORCE MAJEURE

The responsibility of SAS Aquitaine Limousine cannot be questioned if the non-execution of the service or the delay in the execution of this results from a case of force majeure. As such, force majeure means any external event, unpredictable and irresistible within the meaning of article 1148 of the French civil Code.

ALL GENERAL CONDITIONS

In the event that one of the clauses of these general terms and conditions is declared illegal or unenforceable, by a change of legislation, or by a court decision which has become final, the nullity or unenforceability would be strictly limited to the said clause, and in no way affect the validity of the other stipulations.

NO WAIVER AGREEMENT

The non-application by the Provider of any of the stipulations of these general terms and conditions does not imply waiver on his part to avail himself of them at any time, and does not affect the validity of all or part of these conditions.

LITIGATION

These general terms and conditions of sale, as well as all the contractual relationships which may result therefrom are subject to French law.
In the event that a dispute arises between the Client and the Provider, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before taking any legal action. Otherwise, and subject to all legal provisions, any dispute that may arise is, by express agreement, the exclusive jurisdiction of the Commercial Court of Bordeaux.

INDEPENDENCE

The execution of the Services does not in any case result in the creation between the Client and the Provider of a mandate or de facto company relationship. Neither party is empowered to engage or bind the other.