Terms of Sale
Commercial Ground Passenger Transportation:
In France, commercial ground passenger transportation (transport de personnes à titre onéreux – transportation of persons against payment) is regulated by decrees published in the Journal Officiel de la République Française, by the ministerial order of 23 December 2009 on transportation by means of chauffeured passenger cars, and two decrees of 27 December 2011, applicable as of 1 January 2012. As a supplier of chauffeured passenger car services, Elite Driver provides cars with drivers to its clients after the latter have submitted a request for a “prior rental agreement”, under previously agreed conditions (clause n° L. 231-1 of French Code du Tourisme). The “passenger” is the person being transported – either the client, or an associate, or an employee of the physical or moral entity that has placed the order, or even a third party designated by name as the passenger by the client. The “client” is whoever has entered into a contract with Elite Driver and/or is paying for the transfer(s) in question. All bookings and reservations made with Elite Driver imply the acceptance of the present General Terms and Conditions.
Service and Responsibilities:
Elite Driver will use its best endeavours to carry the passengers to their destination with the maximum comfort. All our vehicles are non-smoking. Elite Driver has full professional liability insurance covering all “passengers transported against payment” from M.F.A insurance company. Elite Driver is a member of ATOUT FRANCE, a major tourism development agency and official professional organization of chauffeured passenger car companies. All Elite Driver drivers possess a dedicated professional driver’s licence (VTC) and are officially registered with ATOUT FRANCE for commercial ground passenger transportation. Our drivers are familiar with your places of destination. Elite Driver offers various types of services. We will take everything in our hands from your starting point (such as the airport for instance) to your destination (your hotel). A driver can also be put at your disposal to take you anywhere you like, day and night, during your whole stay. Finally, we can cater to daily transfers from your hotel to your main place of activity, picking you up in the morning and taking you back in the evening.
Airport and Railway Station Waiting Times:
Baggage volume can obviously not exceed our vehicles’ capacity. Baggage is accepted up to 1 standard luggage per passenger; and all baggage remain under the care of their owner. Elite Driver shall not be deemed responsible for any object that might be misplaced or forgotten, either in our cars or elsewhere, during the provision of service. Circumstances beyond our control may occasionally prevent us from fulfilling our commitment. Elite Driver reserves the right to end the provision of its services (even in progress), should the behaviour of its clients endanger the safety of the driver or the vehicle, or should the clients behave offensively toward the driver. Our drivers have been instructed to abide by and uphold applicable laws. Under no circumstances shall the client demand that the driver overstep the speed limit or otherwise break traffic rules. Should drivers notice that a client is breaking the law (e.g. on drug use), their instructions are to immediately put an end to the service provision and claim full payment from the client. Should the responsibility of the passenger be engaged in damages inflicted to the vehicle or any equipment put at the disposal of the passenger, all repairs or replacement costs, regardless of what caused them, shall be invoiced to the client and/or passenger. The invoice shall be payable upon reception. Any damage inflicted upon a third party as a result of unsafe (i.e. not conforming to elementary rules of safety) behaviour from the passenger shall be considered as being the sole responsibility of the passenger, who shall carry all consequences. All bookings shall be confirmed by means of a proforma invoice signed by both parties, Elite Driver and the client.
Rates and Payment Methods:
All listed rates are presented in Euros (€), all taxes included: the driver’s service, the vehicle’s operating costs, and full professional liability insurance for “passengers who are being transported against payment”. Rates do not include parking fees, tool charge, entry fees on various sites (e.g. museums, theatres, châteaux), the driver’s meals (flat fee: €25.00 per meal) and other expenditures on long trips (flat fee for 1 night with breakfast: €110.00) or foreign trips (flat fee for 1 night with breakfast: €130.00). Should the provision of any service – except transfers – include the 12:00-14:00 or 20:00-22:00 time slot, a €25.00 driver’s meal fee will be charged. Cancellation. All reservations cancelled less than 5 days before service provision was due, including no-show (i.e. if the passenger fails to be at the designated pickup location), shall be charged in full at the agreed price. Advance payments are not refundable. Any cancellation from the client, on any grounds, will result in forfeiting the advance payment as a flat-rate compensation. 50% of the agreed price must be paid at the time of reservation, except for institutional clients with a periodic invoicing plan. For institutional clients holding a permanent account with us, payment is due upon reception of the invoice, except when otherwise stated by a written agreement. No discount will be granted for early payment. In case of a late payment, penalties will be due, ipso jure and without any notification, from the day immediately following the settlement date mentioned on our invoice, or, in the absence thereof, from the thirty-first day following the provision of service. The rate of interest applicable to such penalties has been set at three (3) times the French legal rate of interest. In the case of long term rental service, as well as for institutional clients holding a permanent account with us, weekly or periodic payment is an option. In case of late payment, our company may suspend and/or cancel current service orders, without prejudice to any other remedies. In the case of marriage or excursion packages, the reservation can only be guaranteed after a non-refundable advance payment amounting to at least 50% of the total amount, the balance being payable at least 7 days prior to the beginning of service provision. We accept cash, bank transfer, and credit card payment: Visa, Eurocard, and MasterCard. Prices are subject to change without notice.
Claims and Litigation:
It is expressly agreed that no compensation can be claimed: on account of delays resulting from unforeseen traffic difficulties (such as traffic jams, accidents, weather hazards, detours, and other incidents…); on the basis of a vehicle breakdown occurring on the way to the pick-up location and/or during transportation of the client/passenger itself, unless said breakdown can demonstrably be shown to derive from improper maintenance of the vehicle; in case the driver gets involved in a not at fault accident on the way to the pick-up location and/or during transportation of the client/passenger itself. Potential claims should be submitted by registered mail eight (8) days after service provision at the latest. No claims shall be taken into consideration after this deadline. Subject to applicable mandatory laws, the place of jurisdiction for all disputes that may arise shall be the Nice Commercial Court (Tribunal de Commerce de Nice), or any other jurisdiction at the sole option of Elite Driver. The present General Terms and Conditions are exclusively governed by French Law. This is a non-binding English-language convenience translation. Only the French version of this document (Conditions Générales de Vente au 1er janvier 2013) is legally binding.