Conditions of Use and Sale

Introduction

The General Terms and Conditions of Sale govern the legal relationship between the Company and the Client in the context of using the Application and the sale of the service (as defined below).

The General Terms and Conditions of Sale shall prevail over any previously agreed general conditions. The General Terms and Conditions of Sale must be accepted by the Client before making any Reservation requests using the Application.

The Company reserves the right to update these General Terms and Conditions of Sale at any time and without prior notice. The Client is required to regularly review the General Terms and Conditions of the Application and/or on the Company’s website at the following address: https://www.lecab.fr/

1 - Definitions

For all practical purposes of the General Terms and Conditions of Sale, the following definitions apply:

Application refers to the LeCab Application available exclusively on certain smartphones.

Reservation refers to the booking of a Service by the Client via the Application.

Car designates the vehicle that will be used during the execution of the service.

Client refers to any person who has installed or is using the Application and/or has ordered the Service, for themselves and/or for a third party, and who benefits from the rights and obligations provided by the General Terms and Conditions.

Company refers to SnapCar, a Simplified Joint Stock Company with a share capital of 117,972.20 euros, with its registered office at 91 rue Jean Jaurès 92800 Puteaux Cedex, registered with the Nanterre Trade and Companies Registry under number 749 816 328.

Driver refers to the driver who will perform the service and who possesses all the necessary authorizations under French law to operate a vehicle.

Estimated Price refers to the price communicated to the Client for informational purposes during the Service Reservation and throughout the service execution.

Final Price refers to the price that will be charged to the Client for the Service.

General Terms and Conditions of Sale refers to these General Terms and Conditions and the conditions of use of the Application and the sale of the Service.

Minimum Price means the minimum price that will be charged to the Client for the Service, regardless of the distance or duration of the Service.

Service refers to the transportation of the Client by the Company through the Driver and the Car under the General Terms and Conditions of Sale. The performance of the service is subject to the applicable regulations according to governmental authorities.

Site refers to the Company’s website with the address https://www.lecab.fr/, available in French

2 - Use of the Application

The Client must be legally authorized to use the Application and access the service and must at all times comply with the laws applicable to them.

The Application is granted to the Client as a license (and not sold), solely for personal and non-commercial use. The license is subject to the prior approval of the General Terms and Conditions by the Client. The license granted to the Client is limited to a non-exclusive and non-transferable license to use the Application. The Client may not assign, transfer, sub-license the license, nor copy, sell, transfer, or commercially exploit the Application.

The General Terms and Conditions of Sale apply to a Client using the Application. The General Terms and Conditions of Sale are available on the Application and/or on the website at the following address: https://www.lecab.fr/conditions-generales-de-vente

By using the Application, the Client will be able to:

  • View their personal account,
  • Make a Reservation for the Service,
  • Access the Estimated Price and then the Final Price of the Service,
  • […]

By using the Application, the Client is informed that their personal data may be accessed and displayed. Therefore, it is imperative for the Client to ensure the confidentiality of their login information for the Application.

The Client expressly agrees that the download and use of the Application are at their own risk. The Company will not be responsible for any incompatibility and consequential technical issues arising from it.

The Client must enter correct access information or take other acceptable measures as required by the Company to verify the Client’s identity. All electronic exchanges sent to the Company through the Application after the Client has met the verification requirements during login will be considered valid and authentic. The Client’s electronic exchanges will have the same value as written and signed paper communications. The Company may refuse to follow the instructions sent by the Client or may cancel the Client’s access (temporarily or permanently) if the Client does not comply with the verification requirements. This includes entering incorrect access codes or login information.

To make a Reservation on the Application, the Client must also enter valid credit card details and agree to pay the Final Price of the Service to the Company.

The use of the Application itself is free; only the service reserved through the Application is subject to billing.

If the Client loses or has their mobile device on which the Application is installed stolen, or if their Access Codes are stolen, the Client must immediately contact the Company at the email address contact@lecab.fr. The Company disclaims any responsibility for the consequences of theft or loss.

3 - Service

Territory

The service is only available in the territories listed in the Application and/or the website. The Company will not provide any Service outside of this territory. The Company reserves the right to modify the extent of the territory where the Service is available at any time. The Company may suspend or terminate the Service at any time and without prior notice, either wholly or partially within the territory.

Reservation

The Service is available exclusively through the Application and requires prior Reservation. The Client must reserve the Service for a specified time and location. The Client benefits from a fixed rate, excluding waiting fees and route changes, when entering the destination of the Service (the transportation service). This fixed rate is announced in advance during the Reservation.

Before making a Reservation, the Client must carefully read the General Terms and Conditions of Sale. The Client expressly agrees that reserving the Service constitutes acceptance of the Company’s rates and General Terms and Conditions. Before confirming the Reservation, the Client will have the opportunity to verify that there are no errors in the data entry. The Client will then have the option, if necessary, to modify this data and confirm the Reservation.

If the Company can provide the Service under the conditions requested by the Client, the Company will confirm the Reservation. If the Service cannot be provided under the conditions specified in the Reservation, the Company will inform the Client. The Company will not be liable if a Reservation cannot be accepted, regardless of the reason.

The Company does not guarantee that the Service will be available at the chosen time and date by the Client. In such cases, the Client’s Reservation request will be rejected without the Company being held responsible.

Concellation Conditions without Fees

After the Reservation confirmation, cancellation conditions are provided without fees for the following cases only:

  • Immediate ride: modifying or canceling the ride within 5 minutes after the reservation confirmation will not incur any fees.
  • Advanced booking: modifying or canceling the ride at least 30 minutes before the scheduled pick-up time will not incur any fees.

Use of a Valid Credit Card

The use of a valid credit card is necessary for the Reservation, except for authorized employees of companies benefiting from centralized payment. The transfer of banking data is secure. The credit card details provided by the Client during the Reservation must be valid between the Reservation date and the Service execution date. By providing their banking details, the Client expressly agrees that the Company debits the account with the Final Price after the end of the Service, without requiring further approval from the Client. If the credit card is not valid or no longer valid, the Client’s account will be blocked.

Pick-Up : Scheduled Time and Location

If the Client is not present, does not appear, or cannot be found by the Driver despite the Driver’s efforts at the designated pick-up time and location, the Service will be considered canceled. Cancellation fees and waiting time will be charged in such cases. The Driver is not obligated to wait for the Client after the Reservation time or to drive to a pick-up point that was not specified during the Reservation. If the Driver waits or drives to a new location (which they are not obligated to do), the Client will be charged from the date and location indicated in the Reservation. If the Client cannot locate the Driver or needs assistance, they can contact the Company.

Route

The Driver will choose the route they consider most appropriate. Unless otherwise indicated by the Client at the start of the Service, it will be assumed that the Client has accepted the route. If the Client prefers a different route, they should inform the Driver at the beginning of the ride, and the Driver will follow that route.

The Company and the Driver reserve the right to refuse additional stops during the ride.

Additional charges apply when the Service exceeds the destination specified in the Reservation, when the Client requests stops or detours, when there is waiting time beyond the scheduled Reservation time, or when the ride was initially not flat-rate, for example, if no specific destination was specified. The Driver is not obligated to accept changes from what was indicated during the Reservation.

Baggage – Passengers

 The total weight of the baggage is limited to what is compatible with the vehicle used, within the accessible space limit. The Company will not be responsible for any loss of baggage during or after the Service. The Client’s personal belongings are the responsibility of the Client, and the Company will not be held liable for any loss or damage to these belongings.

The maximum number of passengers in the Car (including the Driver) must not exceed the maximum number of passengers specified in the Car’s technical specifications. The Driver and/or the Company reserve the right to refuse a passenger exceeding these limits.

The Driver and/or the Company reserve the right to refuse animals.

Other

The Company maintains a strict non-smoking policy throughout its Cars. Alcohol consumption is not allowed in the Car. The Driver and/or the Company have the right to refuse to transport any passenger who is believed to be under the influence of alcohol or drugs and whose behavior poses a threat to the Driver, the Car, or any other passenger.

The Company may choose, without the Client’s consent, to subcontract, transfer, or assign all or part of the Service to a third party of its choice, without prior notice to the Client.

Once the Service is performed, the Client will have access to information related to their previous Reservations and Services on their personal account in the Application. The archiving of the Reservation and information related to the Service is carried out on reliable and long-lasting media to provide an authentic and lasting copy.

The photographs and images available on the Application and/or the website are not contractual. The Company will not be responsible if the Car and/or the Driver do not match the photographs or images.

4 - Intellectual Property

The Company may terminate the license of the Application and the Client’s right to use the Application at its sole discretion, without prior notice, and in particular if one or more of the following situations occur:

  • If the Client commits or is suspected of committing fraud,
  • If the Client has failed or the Company suspects they have failed to comply with the General Terms and Conditions of Sale,
  • If the law requires the Company to do so.

In the cases mentioned above, the Client must immediately uninstall the Application from their smartphone.

5 - Termination of the Application License

 The Application, including but not limited to photographs, graphics, customer interface, editorial content, scripts, and software, contains protected information and elements owned by the Company and/or its subcontractors, and is protected by intellectual property and other laws. The Client expressly acknowledges that they must not use this information or materials, except for the use of the Application in accordance with the General Terms and Conditions. No part of the Application may be reproduced in any form or by any means without express permission in the General Terms and Conditions. The Client may not amend, modify, sell, distribute, or create derivative products based on the Application and must not exploit the Application unauthorizedly.

All rights to the Application and related software are owned by the Company and/or its subcontractors, who reserve all rights legally and equitably.

The use of the Application, except as permitted in the General Terms and Conditions, is strictly prohibited by the Company. The Client must not copy, reproduce, display, or use any intellectual property in any manner without the prior written consent of the Company.

The Client does not have any rights concerning the trademarks, graphics, name of the Company, and logos used in the Application.

The Client must not establish a connection, including through a hyperlink, « mirror, » whether electronically or otherwise, to any part of the website or the Application without the prior written consent of the Company.

6 - Prices and Payment

All prices indicated in the Application or the Company’s communication materials are expressed in euros and include VAT at the rate set by current regulations. The prices do not include urban toll systems, highway tolls, parking meters, and fees for entry into public or private properties, but specifically include the Car, Driver, and fuel necessary for the execution of the Service.

The Company may decide on a minimum Price that will be charged for the Service, regardless of the distance and duration of the Service.

The Company may decide to adapt its prices based on different criteria and charge additional fees in certain circumstances, such as the time of day, holidays, the city of Service use, etc.

The service will be invoiced from the date and location mentioned in the Reservation.

The Client has a view of the ride price at the time of the Reservation by entering the destination. The Final Price charged to the Client will be calculated when the execution of the Service is completed and may include waiting fees if the Passenger arrives later than the time scheduled in the Reservation. It may also be different from the announced flat rate if the Passenger requested additional services: stops, layovers, detours, change of destination.

If the Company cannot debit the Client’s credit card for any reason, late penalties will be due by the Client without notice, at the rate stipulated by applicable laws. Additionally, the Client must pay the amount of the Final Price that was not paid.

7 - Liability

 The Company undertakes to ensure, to the best of its abilities, that the Services and the Application are provided to the Client in a secure and reliable manner.

However, the Company does not guarantee that the use of the Application and/or the Site will be uninterrupted or error-free. The Company will not be liable for any loss or damage that the Client may suffer, including direct, indirect, special, incidental, or consequential damages, due to the use or inability to use the Application. The use of the Application is at the Client’s own risk. In particular, the Company will not be liable for the following:

  • Any loss or damage that the Client or any other party may suffer due to unauthorized use of the Application,
  • Any loss or damages due to the Client’s failure to save their personal account reference, login information, and/or to follow the recommendations provided by the Company from time to time,
  • Delayed or deferred transactions and the transmission of information related to a Reservation,
  • Errors or delays in communication systems beyond its control,
  • Any other issue, error, delay, or loss resulting from technical reasons inherent to the use of the Internet and electronic communications or for any other reason,
  • The failure of the Application to meet the Client’s needs or expectations.

While the Company makes every effort to ensure the punctuality of its Drivers, the Company will not be liable for delays caused by circumstances beyond its control (including traffic, accidents, roadwork, etc.). If the Car and Driver are not available on the date mentioned in the Reservation, the client will not be charged for the period between the scheduled availability time of the Service and the actual date of the Service.

The Company will not be liable if, during the execution of the Service, for any reason, the Company cannot fully provide the Service ordered by the Client. In such cases, the Client will not be charged, even, to avoid any doubt, for the part of the Service that has been performed.

All claims or other communications required or authorized under these terms must be made directly from the Application or reported by email to the following address: contact@lecab.fr

The Client expressly acknowledges that the Company’s liability will be limited to the amount of the Final Price or, if the Final Price is not determined, to the amount of the flat rate announced during the reservation or, failing that, to a maximum of 25 Euros if none of these elements is known.

The Client will be responsible for any damage caused by them or by the individuals accompanying them in the car (excluding the Driver) during the Service, inside the Car, and will be charged accordingly for any necessary repair or assistance to restore the Car to proper working condition.

8 - Severability

To the extent possible, each clause of the General Terms and Conditions must be interpreted in a manner that is effective and valid under applicable law. In the event that one or more of the clauses contained in the General Terms and Conditions should, for any reason, be deemed invalid, illegal, or unenforceable (or unexecutable), this clause will be ineffective to the extent of the invalidity, illegality, or unenforceability, without discrediting the remainder of this clause, unless such an interpretation would be unreasonable.

9 - Waiver

Any delay or failure by the Company to enforce or perform its rights under the General Terms and Conditions at any time cannot be interpreted as a waiver of this provision or in any way affect the validity of the General Terms and Conditions. No waiver of any breach of the General Terms and Conditions will be deemed to constitute a waiver of any other or subsequent breach.

10 - Notices

All notifications or other communications required or authorized under these clauses must be addressed in writing and will be deemed delivered: (a) if sent by email, 12 hours after sending; (b) if sent by registered mail or certified mail, 48 hours after sending; or (c) if sent by express mail, upon receipt and no later than 48 hours after sending.

The Company’s email address is contact@lecab.fr, and the postal address is as follows:

LeCab
91 rue Jean Jaurès 

2ème étage 

92800 Puteaux

11 - Language, Applicable Law, and Jurisdictio

 In the event of any discrepancy or conflict between the English and French versions of the General Terms and Conditions, the French version will prevail. The English version is provided for informational purposes only.

The General Terms and Conditions and any related contract will be governed and interpreted in accordance with French law.

The Client and the Company must attempt to amicably resolve any dispute arising from or relating to the General Terms and Conditions. Any dispute arising from or relating to the General Terms and Conditions that has not been resolved within [thirty (30)] working days following the initial claim made by the Client and/or the Company is subject, subject to applicable laws, preferably to the jurisdiction of the Commercial Court of Nanterre.

12 - Data Confidentiality

In compliance with the provisions of the law of January 6, 1978, the automated processing of personal data carried out by the Company’s Application and/or website has been declared to the National Commission for Data Protection and Liberties (CNIL).

Clients have the right at any time to access, modify, rectify, and delete personal data, and this right can be exercised directly through the Company’s Application and/or website or by writing to the address mentioned above.