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GENERAL TERMS AND CONDITIONS OF USE AND SALE *

GENERAL TERMS AND CONDITIONS OF USE AND SALE *

The SOCIETE NOUVELLE GROUPEMENT TAXI (SNGT), hereafter the “Company”, a French société anonyme (limited company) with share capital of€ 3,446,720, whose registered office is 22/28, rue Henri Barbusse, Clichy (92110), registered with the Nanterre Trade and Companies Register under number 324 379 866 – Intercommunity VAT number FR1132437986600019– Tel:01 47 39 47 39, operates a taxi reservation centre under the TAXIS G7 trade name and brand, to which independent Parisian taxi drivers are affiliated. The Company puts the customer, hereafter the “Customer”, in contact with the affiliated Paris taxi drivers who provide, on their own behalf and under their own responsibility, the transport services requested by the Customer.

These general terms and conditions of use and sale (the “General Conditions”) shall apply to all taxi requests made by the Customer with the Company by telephone (3607: € 0.15 per min), by Internet on the site taxisg7.fr and by mobile Internet using the Company’s dedicated Smartphone software applications.

These General Condition shall not apply to Customers who have specific subscription contracts with the Company.

Article 1 : Object of the Contract: Company Service

The service provided by the Company involves searching for an available taxi on behalf of the Customer in a given sector in accordance with instructions given by the Customer.
The taxi service requested by the Customer is provided by the taxi driver on his/her own behalf and under his/her own responsibility.

Article 2 : Account creation– Acceptance of the General Conditions

In order to access the taxi request service, the Customer is required to create an account using the medium it uses to make its booking (telephone, internet site or Smartphone applications).The account is created at the time of the first request.
For requests made by telephone, the Customer is only required to provide an address and telephone number in order to create an account.
Service access procedures may be changed by the Company, which will inform the Customer as soon as possible by way of a publication on the site http://www.taxisG7.fr

2.1 : Account creation
When creating the account, the Customer will provide his/her family name, first name, telephone number and the desired pickup address. The Customer must provide an e-mail address and chose a confidential password.
The login and password are confidential and must not be provided by the Customer to any third party. The Customer is responsible for protecting confidentiality and shall be responsible for any use of this information
The Customer may subsequently change the original pickup address on its taxisG7.fr personal space.
Bank card payment methods are described in article7-2 of these General Conditions.
The Customer guarantees the truth and accuracy of information provided to the Company.
The Customer is required to identity itself in order to access the service using its login and password. Any request made using the Customer’s account shall be deemed made by the latter. The corresponding price shall therefore be debited from its bank account in accordance with the tariffs set down in article 4.

2.2 : Acceptance of the General Conditions
A Customer is required to accept these General Conditions before it can request a taxi.

The General Conditions are available on Smartphone applications and on the internet sitewww.taxisG7.fr. They are also available on request by sending a letter to the Company’s registered office: 22/28 rue Henri Barbusse, 92110 Clichy.

For the purpose of creating its account, the Customer is required to accept these General Conditions after reading and to validate this acceptance using the Smartphone applications or on the internet site: Menu: “General Conditions: I accept the General Conditions” (Opt in).
The account is thus validated and the Customer may access the taxi request service.

The Customer acknowledges that it has informed itself of these General Conditions when creating its account and has unconditionally accepted them before making any request.

Article 3 : Requesting a taxi

3.1 : Immediate pickup
The Customer specifies that the request is for an immediate pickup and informs the Company of any special requirements. The Company will then immediately verify the number of taxis available in both the requested and neighbouring sectors. If a taxi is available, the Company informs the Customer of the estimated arrival time, depending on taxi availability. On the basis of this information, the Customer may, if it wishes, either confirm or cancel the request. In the case of confirmation the Company will then search for a taxi and immediately send an electronic acknowledgement of receipt to the Customer.
If the request is made by telephone and if the Customer is put on hold to await confirmation and hangs up for any reason whatsoever before confirmation, the request will be automatically cancelled.
Otherwise, oral confirmation is given to the Customer together with an estimated arrival time. The Company shall at this time ask the Customer whether it wishes to confirm its taxi request or cancel it in order to make other arrangements.
If the Customer decides to cancel the taxi request, the Company shall reimburse any costs incurred for the reservation, as described in article 4, which have already been paid by the Customer.

3.2 : Advance bookings
The Company will accept a Customer request for an advance booking, known as a “reservation”, a maximum of fourteen days and a minimum of one hour before the requested arrival time. This is not a reservation for a specific taxi but a request to be processed by the Company between 15 and 45 minutes before the scheduled arrival time at the pickup point, including the special requirements concerning the taxi requested and expected traffic conditions. The Company reserves the right to refuse advance bookings on certain days, at certain times or for certain geographical sectors depending on the number of bookings already recorded and/or estimated taxi availability.
If problems are encountered in finding a taxi, more particularly because of bad traffic conditions or events which disrupt either taxi mobility or availability, the Company reserves the right to contact the Customer ten minutes before the expected arrival time in order to inform the latter of progress made in its search.

3.3 : Booking procedure
Advance bookings
For each advance booking, the Customer shall provide details of its request, the day, time, address and specific requirements relating to the request, together with the passenger’s name. The Customer will be allocated a booking number which it must keep and provide to the Company’s call centre in the case of any change to or cancellation of the request.
If the taxi has not arrived 5 minutes after the agreed time, the Customer must immediately call the Company’s call centre on 01 47 39 47 39 or 3607 (€ 0.15 per min), which shall provide it with any useful information concerning the arrival of the taxi or progress in searching for a taxi.

Request for an immediate pickup
In the case of an immediate pickup request made electronically, the Company shall give an estimated time of arrival to the Customer, depending on taxi availability. The Customer may, on the basis of this information, either confirm or cancel the request. [In the case of confirmation], the Company shall then search for a taxi and immediately send an electronic acknowledgement of receipt to the Customer.

3.4 : Cancellation of a booking
In the case of an advance booking, the Customer may cancel the booking free of charge up to 1 hour before the agreed time of arrival. Otherwise, the amount shown on the meter for the journey made by the taxi until the time of cancellation shall be paid to the driver on the basis of applicable tariffs. Any costs incurred for the advance booking as set down in article 4 shall also be due.
In the case of a request for an immediate pickup, if the Customer cancels the request more than 4 minutes after confirming it, the amount shown on the meter for the journey made by the taxi until the time of cancellation shall be paid to the driver on the basis of applicable tariffs.

3.5 : Picking up the passenger
The Customer must enter the taxi as soon as it arrives at the address given for the immediate pickup, or at the agreed time in the case of an advance booking.
The amount shown on the meter must be paid to the driver, together with any additional charges (luggage, 4th passenger...) on the basis of applicable tariffs.

If the passenger fails to arrive, the taxi driver is authorised to leave five minutes after the agreed time without prior warning. The driver will record this and the amount shown on the meter will be charged. If the Customer fails to arrive at the agreed time, the amount shown on the meter together with any reservation costs will apply.
If the iPhone® Particulier application is used to make a request with payment by debit from a previously registered bank card, the costs will be debited using this bank card.
If it is impossible to pay the taxi driver directly, the Company will send an invoice on behalf of the taxi driver, which the Customer undertakes to pay to the Company immediately on receipt.

3.6: Specific vehicle
If the Customer requests a specific vehicle, the Company shall make its best endeavours to find a taxi which corresponds to these specific requirements. If no such vehicle is available, the Company reserves the right to send another type of taxi, including, as need be, to send 2 vehicles instead of one depending on the volume of luggage and the number of passengers to be transported. In this case, the Customer shall pay the price for each driver.

Article 4 : Tariff conditions

The taxi request service is free of charge, except for advance bookings for pickups from Monday to Friday at the following timeslots: 7 am to 10 am and 5 pm to 9 pm.
The Company reserves the right to change the timeslots set forth above at any time and without notice. The new timeslots shall be published on the Company’s Internet site.

4.1 : Telephone requests
The reservation price for the above mentioned specific time slots amount to € 5 (including tax), payable by bank card at the time of the telephone call.
The Company shall, at the Customer’s request, send an invoice to the latter for the corresponding services.

The COMPANY will send the CUSTOMER an invoice for this amount at the CUSTOMER's request.

4.2 : On-line requests
On-line requests are made via the Internet or using the Company’s dedicated Smartphone software applications.
Reservations are made using an “account points” system for specific time slots, which are debited as and when the reservations are made. Points are purchased at the tariff set down on taxisG7.fr heading “Book a taxi on line” or the “My points" heading for Smartphone applications.
The points are valid for a maximum of one year from the date of purchase.
The price for reservations made for specific time slots using the iPhone® Particulier application, with payment by debit using a pre-registered bank card, may be made either by a points debit or the debit of € 5 (including tax) using the bank card.
The Customer has the right to close its account at any time. In this case, it may ask the Company to reimburse the outstanding points.

4.3 : Payment default
Any sum remaining unpaid shall be increased by late payment interest at three times the current legal interest rate as from the first overdue date after the payment date. A flat rate indemnity of € 40 shall also be charged for recovery costs if the Customer is a business.

Article 5 : The Company’s responsibility

The Company’s responsibility is limited to searching for a taxi for the address given by the Customer.

The Company shall make its best endeavours to find an available taxi for the Customer as soon as possible.

The Company shall have no liability in the event that a taxi is not found for reasons of unavailability, even in the case of a “reservation” as set down in article 3.2.

In this case, the Company shall reimburse any reservation costs to the Customer or recredit the points debited from the Customer’s account (cf. article 4).

The same shall be the case for an immediate pickup request in the event that an available taxi has not been found within 30 minutes of the Customer’s call.

The Company shall have no liability for any event of force majeure or for any third party action or, more generally, in the following cases which may prevent the performance of the contract under usual and expected conditions: break down or problems with the IT and/or telecommunications systems which prevent access to on-line systems, strikes, demonstrations, bad weather, traffic accidents causing traffic congestion, traffic jams of an unusual size.

The taxi driver shall have exclusive liability for the performance of the transport service. The Company shall have no liability in the event that the taxi driver accepting the pickup is responsible for any late arrival, non performance or defective performance of the contract.
Estimated journey times provided by the Company to the Customer at the latter’s request are based on usual journey times and the Company shall not under any circumstances have any liability in this respect. For significant journeys and/or journeys to railway stations or airports, the Customer is expected to allow sufficient time to take account of any traffic or other problems. The Company recommends that an additional 30 minutes be allowed for journeys to railways stations and 45 minutes for journeys to airports under usual traffic conditions and shall have no liability for the consequences of traffic conditions.

Article 6 : Taxi requests in the French provinces and abroad

The Company offers a special service to arrange contact between the Customer and the Company’s partners for taxi journeys outside of the Paris region, whether in France or abroad.

In this case, the Company acts as a simple intermediary and arranges the Customer’s contact with taxi reservation centres which shall process taxi requests under their own responsibility and in accordance with their own general conditions.

The Company shall have no liability for any loss or damage whatsoever as the taxi requests are made with and under the responsibility of the local taxi reservation centres.

The Company shall not be held liable for any failure to put the Customer in contact with a taxi reservation centre in the event of problems beyond its control, in particular IT and/or telephone problems, strikes, demonstrations, bad weather, traffic jams of an unusual size or if the taxi reservation centre is not available.

Article 7 : Special provisions relating to taxi requests made using the Internet or Smartphone applications

7.1 Cookies
The Customer acknowledges that it has been informed of the use of a “temporary cookie” which, after connection, permits the visitor to be identified throughout the session. This cookie, which is memory resident, remains active until the visitor closes the session by clicking on the appropriate button on the on-line request home page, or by closing the browser (in which case the cookie is usually automatically removed). Although this is not recommended, the Customer may refuse the use of this cookie without limiting its site access possibilities, by appropriately configuring its browser.

7.2 Payment
On-line services (except for the iPhone® Particulier application) are paid for through LA POSTE’s secure electronic bank card payment system SCELLIUS.
For the iPhone® Particulier application, payments for on-line services are made using the PAYBOX secure electronic bank card payment system.
The transaction is carried out by the Customer in accordance with bank security requirements. The use of an encryption system prevents interception by a third party of the bank account details (bank card number and expiry date) provided by the Customer.
When providing its bank account details, the Customer unconditionally accepts in advance that the Company is authorised to carry out the secured transaction. The Customer therefore gives prior authorisation to its bank to debit sums shown on records or statements provided by the Company from its account, even if there are no invoices signed by the card holder.

For services offered through the iPhone® Particulier application, payment by points is made on the Customer’s Apple Store account using the “In App Purchase” function on the iPhone® Particulier application. These points may only be used for taxi requests made using the iPhone® Particulier application.

In accordance with article L 133-8 of the French Monetary and Financial Code, the undertaking to pay using a bank card may not be revoked. By providing information concerning its bank card, the Customer authorises the Company to debit the sum representing the price using its bank card, including taxes. For this purposes, the Customer confirms that it has a bank card and provides the sixteen digits, the expiry date and, as necessary, the security code.

7.3 No right to retract
In accordance with the provisions of the French Consumer Code, there is no right to retract.

7.4 Service availability
The Company shall make its best endeavours to ensure that the on-line request service is as far as possible permanently operational, 24/24 and 365 days per year. It does however reserve the right to interrupt this service, with or without notice, for operational reasons.
Service availability is moreover subject to the Customer’s use of adequate IT resources, an appropriate Internet browser (a list of compatible browsers is available on demand) or a Smartphone which is compatible with the hardware and software (recommended configurations may be obtained from the Company on demand).

7.5 Intellectual property
In accordance with the French Intellectual Property Code, the Company is the owner of all elements used on the site or applications (graphics, images, text, logos, data bases, programmes), except for those elements (inter alia logos) provided by the Company’s partners.
Any full or partial reproduction, modification or use of trademarks, illustrations, images, elements and logos for whatever reason and on any medium whatsoever, is strictly prohibited without the express and prior consent of the Company.

Article 8 : Special provisions relating to requests for taxis accessible to persons with reduced mobility

8.1 Vehicles offered
The Company gives the Customer the possibility to request taxis which are especially adapted for the transport of persons with disabilities.
This service, known as “Horizon”, is provided by taxi drivers whose vehicle is equipped with an access ramp or tail lift allowing access to persons using either mechanical or electric wheelchairs.
The maximum authorised weight for a wheelchair and its occupant is 250 kg. The maximum dimensions, with the occupant, are 67cm wide, 1m 20 long and 1m35 high.

8.2 Booking procedure
Horizon bookings are made by telephone. The Company has created a dedicated priority line at 01 47 39 00 91 for this purpose. In order to facilitate the search for an adapted vehicle, the Company shall define the passenger profile with the caller and identify particular constraints at the time of the first request. All information concerning the identity of the passenger, the nature of the disability, the type of vehicle requested and all other additional information that the caller deems necessary to provide in order to facilitate the transport is therefore recorded in the Company’s files. A reference number is allocated to the caller. This reference number must be provided by the caller for all subsequent requests. The name, address and telephone numbers of the passenger or the caller are also recorded.

8.3 Liability
Neither the Company nor the taxi driver shall have any liability if the passenger needs to be accompanied by a guardian or attendant and the latter is absent, in the case of insufficient vehicle accessibility, if the passenger’s wheelchair does not fit in the taxi, if the taxi is unable to park sufficiently close to the pickup address because of parking restrictions, if the weight limits set down in article 8.1 above are exceeded or if, for any reason whatsoever beyond the control of the taxi driver, the latter is unable to pickup the passenger.
The taxi driver has exclusive liability for the performance of the transport service and for the passenger entering and leaving the vehicle.
The passenger shall be exclusively liable in the case of accident or loss suffered in the event that the latter requests special assistance from the taxi driver which is over and above the transport service.

Article 9 : Changes to the General Conditions

The Company reserves the right to change these General Conditions by publishing a new version on the site http://www.taxisG7.fr and in the Smartphone applications.
The applicable General Conditions are those in force at the date on which the service is used.

Article 10 : Personal data and the French Data Protection Act (Loi Informatique et Libertés)

The Customer is informed and accepts that the Company reserves the right to record and keep, for the purpose of proof and in order to optimise booking management, all information relating to calls received by its Call Centre, requests made through the Internet site or using the Smartphone applications and Customer identification data and taxi journeys made, including:

  • - the Customer’s telephone number,
  • - recording of the telephone conversation,
  • - the family name(s) and first name(s) of the passengers, pickup addresses and e-mail addresses,
  • - information relating to the journey in question.

This information is necessary in order to process orders and is recorded in the Company’s files.
The Company will protect the confidentiality of personal data provided by the Customer, in particular specific requests made at the time of the request.

In accordance with Act number 78-17 of 6 January 1978, the Customer has a right to access, correct and remove data held on the Company’s files.
In order to exercise this right, the Customer may, at its choice, send an e-mail using the Company’s site (contact form) or send a letter to the Company at: SNGT - 22, rue Henri Barbusse, 92110 CLICHY.
The Company may also use the Customer’s personal data to send commercial offers which may be of interest. In accordance with the French Data Protection Act, the Customer does however have a right to refuse unsolicited commercial offers sent by electronic mail, either by unsubscribing to the newsletter using the “unsubscribe” link or sending an e-mail using the Company’s site (contact form) or sending a letter to S.N.G.T. 22, rue Henri Barbusse, 92110 CLICHY. The Customer may inform the Company of its opposition to the transfer or use of its personal data. The Customer is also informed of its right to register on a list refusing telemarketing.

Article 11 : Governing law– Jurisdiction – Dispute resolution

These General Conditions are governed by French law.

In the case of any dispute concerning the interpretation of these General Conditions, or concerning the performance of on-line requests, and if no amicable solution can be reached, the dispute shall be referred to the exclusive jurisdiction of the Nanterre Commercial Court if the Customer has the status of trader.
If the Customer is a consumer, action may be taken before the court of its choice. The Customer may also resort to mediation or any other alternative dispute resolution method.