Terms and Conditions of Sale

Article 1. Purpose

These general terms and conditions govern the contractual relationship between the client (referred to as the “Principal”) and LA COMPAGNIE DES MINIBUS DE PARIS (SARL with share capital of €1,000, registered office at 1 rue Falret, 92170 VANVES, France – NANTERRE Trade and Companies Register: 807-778-808 – NAF code 4931 Z). They apply automatically, unless otherwise agreed in writing. Any order placed by the Principal entails full and unreserved acceptance of these general terms and conditions.

Article 2. Definitions

Principal: the party entering into the transport contract, who may be the beneficiary or an intermediary. Carrier: LA COMPAGNIE DES MINIBUS DE PARIS, undertaking to convey a group of people and their luggage from one place to another, for consideration.

Article 3. Orders

Every order is preceded by a request for a quote (in writing, by telephone or online). Until the Principal’s order is validated, the Carrier reserves the right to make any price changes to its services. The order is final only subject to availability and after express validation by the Carrier. The Carrier may refuse orders involving a breach of law or regulation. Repeated payment incidents will entitle the Carrier to refuse any new order. The contract is concluded only after payment of the deposit stated in the quote.

Article 4. Online orders

Where the Principal provides an email address, the quote is sent by email. The order may then be placed online, by clicking on the “Complete the online contract” link. The online form requires acceptance of these general terms and conditions. Payment is made by bank transfer, credit card, direct debit or cheque. The online provision of the Principal’s bank details and the final validation of the order shall constitute proof of the Principal’s agreement and shall constitute: the amounts due under the order form becoming payable; signature and express acceptance of the contract. The Principal has no right of withdrawal, in accordance with the provisions of Article L121-20-4 of the French Consumer Code.

Article 5. Information and documents to be provided to the Carrier

The Principal shall provide in writing or online: – Dates, times and places for the start and end of the hire – Dates, times and places of initial pick-up and final drop-off of passengers – Intermediate stopping points – Any required itinerary – Maximum number of people – Number of people with reduced mobility (including wheelchair users) – Number of minors and accompanying adults for the transport of children – Luggage specifics – Telephone contact details available 24/7

Article 6. Safety on board the coach

The maximum number of people who may be carried may not exceed the number shown on the vehicle fit-out certificate or the “carte violette”. The Carrier is responsible for the safety of the transport, including each time passengers board and alight from the coach. The driver takes the necessary measures and gives instructions which passengers must follow. Stops may be made to comply with safety obligations and working-time regulations.

For coaches whose seats are fitted with seat belts, the Carrier informs passengers of the obligation to wear them. Seat-belt wearing applies to adults and children, subject to the exceptions set out in the French Highway Code. In the event of an accident or a fine, the Carrier accepts no liability connected with the failure to wear a seat belt.

For accompanied groups, the Carrier and the driver must know who is responsible for organising or supervising the group. The persons designated as responsible must be familiar with the arrangements for organising the transport. At the Principal’s request, the driver provides prior information on the safety measures and equipment. If the coach is so equipped, the folding seat known as the courier seat is reserved exclusively for a driver or a crew member. Except where legally permitted, the carriage of dangerous goods is prohibited on coaches.

For the transport of children, the Principal must: ensure that those responsible are competent in safety matters; request that safety and supervision instructions be given; instruct that children be counted each time they board and alight; allocate the accompanying adults in liaison with the driver.

Unless otherwise stipulated in the specific conditions, animals are not accepted for carriage. The Principal and the passengers may not, without the Carrier’s prior agreement, put up signs, banners, posters, etc. Smoking is prohibited on board coaches. Consuming alcoholic drinks on board coaches is prohibited.

Article 7. Luggage

The Carrier is responsible for luggage placed in the hold. Such luggage must be labelled by its owner. In the event of loss of or damage to luggage placed in the hold, the compensation payable by the Carrier for any substantiated damage for which it is held liable is limited to €1,200 per item of luggage. Losses and damage must be the subject of a reservation of rights by registered letter or extrajudicial document, no later than three days after the end of the transport.

The Carrier, or its employed driver, reserves the right to refuse luggage whose weight, dimensions or nature does not correspond to what was agreed, as well as any luggage it considers detrimental to the safety of the transport. Hand luggage, which remains in the passenger’s keeping, remains entirely under the passenger’s responsibility. The Principal informs each passenger of the above provisions before the service is performed. At the end of the transport, the Principal, its representative and the passengers must make sure that no item has been left behind in the coach. The Carrier accepts no liability in the event of damage or theft.

Article 8. Public broadcasting of music or screening of an audiovisual work in a coach

The public broadcasting in a coach of musical, cinematographic or television works, or of personal recordings, must be declared in advance and authorised by the copyright holders.

Article 9. Remuneration for the transport and for ancillary and additional services

The Carrier’s remuneration comprises the transport price including drivers’ pay, ancillary and additional services, administrative and IT costs, taxes and duties. The transport price is also set according to the type of coach used, its own equipment, any additional equipment, the number of seats offered, the hold volume required, the transport distance, and the particular characteristics and constraints of the journey.

Meal and accommodation costs for the driver or drivers are borne by the Carrier; they are included in the transport price. The parties may agree that the Principal will provide all or part of these services, the arrangements being communicated before departure. Ancillary and additional services include: long-term parking; air, rail and sea transfers for drivers; additional sea or rail transport; luggage insurance.

Any change to the initial transport contract attributable to the Principal entails an adjustment of the Carrier’s remuneration terms. The transport price initially agreed is revised in the event of significant variations in the transport company’s costs arising from conditions outside its control, such as, in particular, the price of fuel.

Article 10. Payment

Payment in full of the amount of the service quoted is required on ordering; any balance of the transport price and of ancillary and additional services is payable on receipt of the invoice. In any event, the transport price is payable before the coaches depart, in cash and without discount, unless payment terms have been granted in writing. Failing payment in full before departure, the Carrier reserves the right not to perform the transport, the default being treated as a cancellation within the meaning of Article 11.

Any delay in payment, after a formal notice has gone unheeded, automatically entails the payment of penalties equal to three times the statutory interest rate. Any invoice recovered through legal proceedings will be increased, as a penalty clause that may not be reduced within the meaning of Article 1229 of the French Civil Code, by compensation set at a flat rate of 10% of the sums payable, with a minimum of €450. Total or partial non-payment of an invoice on a single due date automatically causes, without any formality, the loss of the benefit of the term, making all sums due immediately payable.

Article 11. Cancellation or termination of the transport contract

In the event of termination or cancellation attributable to the Principal, the flat-rate compensation due to the Carrier is: – Cancellation 4 days before: Free of charge – Cancellation 3 days before: 25% of the service requested – Cancellation 2 days before: 50% of the service ordered – Cancellation 1 day before: 100% of the service ordered – Cancellation on the day itself: 100% of the service ordered

Article 12. Performance of the transport contract

The Carrier reserves the right to subcontract the service to another public road passenger carrier. In that case, it retains full responsibility towards the Principal for the obligations arising from the contract.

Article 13. Amendment of the transport contract while it is being performed

Any new instruction from the Principal seeking to change the initial conditions for performing the transport while it is under way must be confirmed to the Carrier immediately in writing or by any other means allowing it to be recorded. The Carrier is not obliged to accept these new instructions, in particular if they are liable to prevent it from honouring the commitments initially made. Any amendment to the contract may entail an adjustment of the agreed price.

Article 14. Event or incident during the service

If an event or incident makes it impossible to perform the service initially planned, the Carrier takes, as quickly as possible, the measures needed to ensure the safety and comfort of the passengers. If attributable to the Carrier, the Principal may claim compensation where loss is proven, which, unless the Principal has expressly stated a requirement as referred to in Article 5, may not exceed the transport price. If attributable to the Principal, the latter bears the financial consequences up to the transport price. If due to force majeure: additional transport costs are borne by the Carrier; additional costs other than transport are borne by the Principal; additional time is allowed without compensation.

Article 15. List of passengers by name

A list of the passengers on board, by name, must be kept in the vehicle for any occasional collective transport service outside the area made up of the department of pick-up and the neighbouring departments. For the transport of children, the list includes the telephone details of a person to contact for each child. Drawing up this list is the responsibility of the Principal, who must give it to their representative on board the coach or, in their absence, to the driver, completed with the coach’s registration number.

Article 16. Main employment rules applicable to road passenger transport

The Carrier gives the Principal a document describing the essential elements of the regulations and of driving and rest times. The Principal must give it to their representative on board the coach.

Article 17. Damage

The Principal and the passengers are jointly and severally liable for damage caused to the vehicle by the passengers. The cost of repairs will be invoiced to them on the basis of the rates in force.

Article 18. Applicable law – jurisdiction

This contract is governed by French law, whatever the nationality of the Principal. Any dispute arising from the interpretation or performance of these general terms and conditions of sale shall fall within the exclusive jurisdiction of the Versailles Commercial Court.