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TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale are entered into between SASU KLIMS, registered in the Paris Trade and Companies Register under no. 984 081 174 ("Colonel Chauffeur") and any person, whether acting in a professional capacity or not, (hereinafter the "Customer") wishing to reserve a chauffeur-driven car or VTC service (hereinafter the "Service") for their own account or that of individuals who have duly authorized them to do so (the "Passenger(s) ").

By booking a Service with Colonel Chauffeur, the Customer and Passengers agree to be bound by Colonel Chauffeur's terms and conditions of sale (hereinafter the "Terms and Conditions" or "T&Cs"). Please read these Terms carefully before accepting their applicability or requesting services. Any condition to the contrary imposed by the Customer or Passenger, in particular any clause to the contrary arising from the Customer's or Passenger's own terms and conditions, shall be unenforceable against Colonel Chauffeur, unless expressly accepted in writing by Colonel Chauffeur in advance.

Colonel Chauffeur reserves the right to modify the GCS at any time. The Conditions of Sale applicable to the reservation of a Service are those in force on the date of the firm reservation of the Service (hereinafter "the Reservation"), evidenced by the receipt by Colonel Chauffeur of written confirmation of the reservation.

Colonel Chauffeur guarantees the proper organization and smooth running of the missions entrusted to it as a passenger transport company and as a service provider for contact with self-employed drivers, or drivers affiliated with VTC (chauffeur-driven transport vehicle) operating companies, who are not employees of SASU KLIMS.

By accepting these terms and conditions, you acknowledge and agree that SASU KLIMS (Colonel Chauffeur) offers transportation services provided by its own drivers and vehicles, and/or by contacting independent drivers, or drivers affiliated with VTC (chauffeur-driven car) operating companies, who are not employees of SASU KLIMS.

The present terms and conditions of use, as well as the related rates, are subject to change at any time. You are therefore invited to read these conditions regularly. Continued use of the www.colonel-chauffeur.com website after publication of a modified version of the present Terms shall constitute acceptance of the latter version.

Article I. RESERVATION

To reserve and/or pay for a Service, the Customer must be of legal age (a natural person acting individually aged 18 or over, or a legal entity), be legally capable of entering into a contract and comply with the General Terms and Conditions of Sale.

The Customer is responsible for reservations made both in his/her own name and on his/her own behalf and on behalf of Passengers when acting on behalf of the latter. The Customer guarantees the truthfulness and accuracy of the information provided.

RESERVATION REQUEST

The request to reserve a Service may be made by telephone, by email, via the www.colonel-chauffeur.fr website or by any other means approved by Colonel Chauffeur. When made by telephone, the reservation request must be confirmed in writing, in particular by e-mail, or via the www.colonel-chauffeur.com website .

The reservation request must include the following minimum information:

  • Dates, times and itineraries :
  • Date, time and place of initial pick-up of Passenger(s)
  • Final drop-off point and intermediate stops, if any
  • Number of people to be transported (specify if the passenger has reduced mobility and/or uses a wheelchair)
  • A choice of services
  • The presence and number of children accompanied by an adult, and whether the child(ren) require a child seat (depending on age and size). Child, baby and cosy seats are available on request only.
  • The chauffeur and/or Colonel Chauffeur (SASU KLIMS) may refuse to take charge of a child passenger or any unaccompanied minor. As well as the execution of a service in the presence of a child (baby) requiring an adapted seat if the request for a child and/or baby seat was not transmitted at the time of the reservation. The Customer will be invoiced the amount of the totality of the service initially envisaged (100%).
  • Approximate number, weight and overall volume of baggage items
  • Means of communication :
  • telephone number of the Passenger and/or agent who made the reservation
  • email of the Passenger and/or agent who made the reservation
  • Desired vehicle model or category.

Article II. RATES, PAYMENT AND INVOICING

1. RATES

The Services are offered at the prices indicated on the www.colonel-chauffeur.com website. Our prices include VAT (10%) and are expressed in EUROS only.

Prices are quoted inclusive of VAT and include :

  • driver service,
  • fuel,
  • professional liability insurance for persons transported for remuneration,
  • VAT at the rate set by current regulations.

Unless expressly stated to the contrary, rates do not include city toll systems, motorway tolls, parking meters, parking fees, entrance fees to sites, public or private property, etc. A driver's travel allowance will be charged for overnight stays outside the Paris region.

The price of the Service indicated in the quotation issued by Colonel Chauffeur may be revised by the latter to take into account, in particular, increases in the price of fuel and all expenses incurred for the purposes of carrying out the Service.

Additional fees may be charged in the event of a specific request from the Customer. The amounts charged will be specified in the quotation or the Booking Confirmation.

Colonel Chauffeur reserves the right to modify the price list at any time without prior notice. Such changes will be communicated to the Customer and will apply to all Services booked after the price list is updated.

HOURLY OR MILEAGE OVERRUN (EXCLUDING TRANSFER SERVICES)

For any Service, Colonel Chauffeur may set a minimum charge specified in the quote.

At any time during a Service, the Customer may decide to change the destination or interrupt the Service. In this case, the Customer will be billed for the time and distance travelled and completed, and at least the package price agreed at the time of booking.

Any overrun of the scheduled return time will be billed additionally at the current rate shown in the price list. Any excess mileage will also be billed according to the current rates indicated in the price list.

2. TERMS OF PAYMENT & BILLING

Colonel Chauffeur accepts the following methods of payment: Credit cards (Visa, American Express, Diners Club, MasterCard), bank transfers (charges payable by issuer).

When booking the Service, the Customer must provide the following documents:

  • Valid credit card numbers (including cryptogram)
  • Copy of identity card, passport or equivalent document

Avant la réalisation du Service, Colonel Chauffeur peut vérifier auprès de la banque du Client que son compte est approvisionné à hauteur du montant du Service. Colonel Chauffeur peut être amené à prélever un montant symbolique (<10 €) pour vérifier la validité de la carte bancaire fournie en garantie (ce montant étant déduit de la facture finale).

Colonel Chauffeur may also request a pre-authorized debit for the estimated amount of the Services from the Customer's bank.

In the event that the card provided as a guarantee is invalid or the account to be debited is not sufficiently funded, the reservation made by the Customer cannot be confirmed by Colonel Chauffeur and the Service covered by the said reservation will not be carried out.

Payment by American Express will be subject to a payment charge of 3.0% (three percent) of the invoice amount.

3. SERVICES ON ISSUE OF A QUOTATION

On receipt of the reservation request, Colonel Chauffeur will draw up a quote based on the information provided by the Customer or Passenger.

Any change in the information transmitted may modify the initial price of the Service (change of vehicle model, capacity, mileage, overrun, etc.). In addition, any service not provided for in the estimate may be invoiced in addition to the estimate.

If the quotation is accepted, the Customer must confirm the reservation in writing to Colonel Chauffeur by a means approved by Colonel Chauffeur ("the Reservation Confirmation").

Colonel Chauffeur's receipt of the Booking Confirmation constitutes the formation of the contract of carriage between Colonel Chauffeur and the Customer.

4. REGULATIONS

The Service will be invoiced from the date mentioned in the Reservation. Colonel Chauffeur will send the Customer the final invoice for the Service by e-mail, taking into account any additional charges or modifications that may apply.

The Service is payable in cash after booking. The customer is informed that the debit may occur immediately after booking.

If the person being transported is a "corporate account customer", the Service is invoiced payable on receipt, before the 15th of the month following the month in which it was performed, unless otherwise expressly agreed. For long-term services and for partner customers (company account), invoices or statements may be paid on a different weekly or periodic basis. Depending on the type of service, a deposit may also be required. Unless otherwise specified, all quotations are valid for 30 days.

5. LATE PAYMENT

By express agreement, and unless a deferment is requested in good time and accepted by us, failure to pay by a single due date will automatically entail, as from the day following the payment date shown on the invoice, the payment of all sums remaining due, whatever the method of payment used, and the payment, by way of damages and interest, of an indemnity equal to 15% of the sums due, as well as the application of a flat-rate indemnity for administrative collection costs of €40 excluding VAT per unpaid invoice ("the Penalties"), in accordance with the provisions of article L441-6 of the French Commercial Code, in addition to legal interest and any legal costs.

If, for any reason whatsoever, Colonel Chauffeur is unable to debit the Customer's account, this will constitute late payment and will result in the application of the aforementioned Penalties without prior notice.

Article III. CONDITIONS OF SERVICE

1. PICKING UP THE PASSENGER

The Passenger(s) must comply with the pick-up rules indicated by Colonel Chauffeur and/or the Driver assigned to carry out the Service. Colonel Chauffeur may not be held liable in the event of failure by the Passenger(s) to comply with the pick-up procedure resulting in the Service not being carried out.

The Highway Code requires Passengers to fasten their seat belts at the front and rear of the vehicle. Failure to do so releases Colonel Chauffeur from liability in the event of an accident.

Colonel Chauffeur maintains a strict no-smoking policy in all its vehicles. Failure to comply with this provision will result in the invoicing of cleaning and repair costs of a fixed amount equal to €250 including VAT.

Unless expressly authorized in writing by Colonel Chauffeur, the consumption of alcohol is not permitted in the vehicles. The Driver and/or Colonel Chauffeur have the right to refuse to carry any Passenger who is believed to be under the influence of alcohol or drugs and whose behaviour constitutes a threat to the driver, the car or any other passenger.

Colonel Chauffeur may choose to subcontract, transfer or assign all or part of the Service to a third party of its choice, without prior notice to the Customer.

The photographs and images available on Colonel Chauffeur's website, brochures and presentation materials are not contractual. Colonel Chauffeur will not be held responsible if the car and/or the driver do not correspond to the photographs or images.

Colonel Chauffeur declares that the vehicles used for the Services are equipped with a geolocation system. By accepting Colonel Chauffeur's Services, the Customer consents to the use of this geolocation system.

2. BAGGAGE POLICY

The total weight of luggage is limited to that which is compatible with the vehicle used, within the limits of the space available. The driver and/or Colonel Chauffeur may refuse to accept luggage or objects exceeding this allowance. In particular, for safety reasons, Colonel Chauffeur will refuse to load any bulky luggage into the passenger compartment. Colonel Chauffeur will not be held responsible for any loss of luggage during or after the Service. The Passenger's personal effects are the Passenger's responsibility and Colonel Chauffeur shall not be held responsible for any loss or damage to such effects.

3. VEHICLE CAPACITY - NUMBER OF PASSENGERS CARRIED

The maximum number of passengers in the car (including the Driver) must not exceed the maximum number of passengers mentioned in the technical specifications of the car and in accordance with the regulations for private public transport of persons in force. The Chauffeur and/or Colonel Chauffeur reserve the right to refuse a passenger exceeding these limits.

4. PETS

Unless prior agreement has been reached, no animals will be accepted in our vehicles except in a cage or hermetically sealed container provided for this purpose. Small dogs and other small pets weighing no more than 6 kg, suitably enclosed in a container no larger than 45cmx30cmx25cm are accepted on board vehicles, up to a limit of one. The carriage of small dogs and other small pets weighing no more than 6 kg must be specified at the time of booking. Subject to these reservations, no other pets are accepted on board our vehicles.

Article IV. BOOKING CHANGES AND CANCELLATIONS

Requests for modification or cancellation are made using one of the authorized processes for booking Services.

Any modification or cancellation of the Reservation must be made to Colonel Chauffeur at least twelve (12) hours before the agreed time of the Service.

After these deadlines, Colonel Chauffeur will invoice for all or part of the Service booked in accordance with the following terms and conditions:

In the event of late cancellation (less than 12 hours before the agreed Service time) or "no show" 60 minutes after the appointment time set when the Service was booked, the Customer will be invoiced the higher of the cost of the transfer from the pick-up location to the garage and the cost of the time actually spent waiting for the Customer at the appointment location.

Any external incidental costs incurred by Colonel Chauffeur (guides, hostesses, security guards) in connection with a Service cancelled less than 24 hours before the agreed start time will be invoiced in full.

Colonel Chauffeur reserves the right to apply different cancellation or modification conditions, particularly in the event of peak periods or for Services involving a large number of Vehicles. These special conditions will appear in the quotation or order summary received by the Customer and will take precedence over the present provisions.

1. DELAY

Colonel Chauffeur is not responsible for delays caused by force majeure and/or for reasons beyond his control (strikes, natural disasters, train/plane delays).

  1. DRIVER DELAY

The driver is considered to be late if he arrives after the appointment time set when the Service was booked. In the event of a delay, Colonel Chauffeur will contact the Customer to inform him of the delay and, if it is impossible to pick him up, will propose an alternative solution. In the absence of an alternative solution, the Customer may be compensated, indemnified or reimbursed, it being understood that the amount reimbursed, as well as Colonel Chauffeur's liability, will be limited to the anticipated amount of the Service booked (Transfer) or, when the latter is not determined, to a maximum of 150 Euros.

  1. CUSTOMER DELAY

The Driver must wait for the Customer 60 minutes after the appointment time. After this time, the Customer who is not present at the pick-up point is deemed to be absent ("no-show"). In this case, the Customer will be invoiced for the cost of transferring the vehicle from the pick-up location to the garage, whichever is higher, and for the time actually spent waiting for the Customer at the pick-up location, whichever is higher.

  1. Vehicle unavailability

In the event that the rental company is unable to provide the vehicle specified in the contract, the sums already paid will be reimbursed in full without recourse or compensation for the damage caused. However, the deposit will be retained if both parties agree to provide another vehicle.

In the event of a breakdown or accident during the service rendering the vehicle unavailable, the amount of the service will be calculated on a pro rata basis for the time spent, without recourse or compensation for the damage caused.

No recourse or compensation for damage caused by vehicle delay will be accepted, unless the 2 parties agree to an amicable settlement of the contract. In any case, in the event of damage due to delay, and in particular those caused by the lack of a flight, SASU KLIMS will limit its liability to the amount of its transport package.

Article V. COMMITMENT AND LIABILITY

  1. Liability

Colonel Chauffeur acts in the capacity of a chauffeur-driven passenger transport company and as a service that puts you in contact with independent drivers, or drivers affiliated with VTC (chauffeur-driven transport vehicle) operating companies, who are not employees of SASU KLIMS. and as such declares that it complies with the professional regulations in force.

It assumes the safety obligation that all professional transporters have towards their passengers. The driver must comply with the Highway Code, and is forbidden to infringe it, even at the customer's request.

Colonel Chauffeur assigns to the provision of the Services drivers who hold the required qualifications, who have been carefully selected to meet the Customer's needs and requirements.

The carrier is expressly exempt from liability in the event of failure by the customer and passengers to comply with transport regulations.

Any fines, penalties or damage to property or personal injury caused to third parties or to the vehicle as a result of negligence on the part of the customer, or as a result of orders given by the customer or the user, their staff or guests, to the driver despite the latter's warning, will be charged to the customer, who alone will accept responsibility and assume the consequences, whatever they may be.

This applies in particular to valuables left in the vehicles, the number of people carried or the weight of the load exceeding the information shown on the vehicle's registration document, itinerary prescriptions that do not comply with the safety procedures in place, and requests of any kind that contradict French regulations, particularly the Highway Code.

The times indicated by our customer service department or our drivers are given as an indication only. In accordance with article 133-2 of the French Commercial Code, any delays caused on our routes cannot give rise to any claim for damages or interest, although it is our constant aim to avoid such circumstances on a regular basis.

  1. DETERIORATION

The Customer will be responsible for any damage caused by him or by persons with him in the car during the Service, to the interior of the Car, or other damage inflicted on the vehicle or other vehicles, for example when unintentionally opening the doors, the damage caused will be charged to the Customer.

We kindly ask you to let the driver open and close the doors.and will be charged accordingly for any repair or breakdown service required to restore the Car to good working order and/or cleanliness and/or appearance.

If the driver notices that the customer is committing an offence (e.g. using drugs), he is instructed to immediately stop the service in progress. Under no circumstances will this stop entitle the driver to a refund.

  1. CLAIM

In the event of a dispute concerning the amount of the invoice or the terms and conditions of the Service, the Customer may send a complaint by registered letter with acknowledgement of receipt (LRAR) to Colonel Chauffeur at the following address: SASU KLIMS 47 BOULEVARD DE COURCELLES 75008 PARIS 93 avenue Jules Quentin 92000 Nanterre.

Any complaint must be made in writing within 8 days of the Service in question, otherwise it will not be taken into account.

Article VI. PERSONAL DATA

These Terms and Conditions are subject to the regulations governing the protection of personal data (in particular Regulation (EU) 2016/679 of April 27, 2016 and the French Data Protection Act no. 78-17 of January 6, 1978).

The personal data collected by Colonel Chauffeur in connection with the Reservation and the provision of the Services (in particular via the vehicle and/or driver geolocation system) are :

  • The identification data as well as the postal, telephone and electronic contact details of the Customer ;
  • Passenger(s) email and telephone details;
  • data relating to means of payment;
  • data relating to the Vehicle's movements and location;
  • data relating to the Vehicle's speed and distance travelled.
  1. PROCESSING PURPOSES

The purposes for which Colonel Chauffeur processes this data are :

  • contract preparation and execution, including :
    • managing the reservation and confirmation of Services;
    • follow-up and invoicing of Services;
    • emergency calls in case of incident or accident;
    • claims management ;
    • the fight against fraud.
  • The achievement of Colonel Chauffeur's legitimate interest in promotion and prospecting, in particular :
    • Customer relationship management (maintaining customer satisfaction, building customer loyalty);
    • preparation of statistics and/or business analyses;
    • transmission of advertising information or commercial offers to provide goods or services similar to those described herein.

Colonel Chauffeur may only use the Personal Data provided by the Customer to send advertising information or commercial offers from its commercial partners if it has obtained the Customer's consent.

By accepting these GTC, the Customer agrees to the collection and processing of the aforementioned personal data for the aforementioned purposes by Colonel Chauffeur, the data controller.

  1. DATA RETENTION

Colonel Chauffeur records and retains personal data relating to the Service for a period of three (3) years from the date of the Reservation.

At the end of this period, the said personal data may be archived by Colonel Chauffeur, to enable it to comply with its accounting, tax and legal obligations (in particular the 5-year limitation period applicable to the Contract/article 2224 of the French Civil Code; 10-year period for keeping invoices/ L123-22 of the French Commercial Code).

Colonel Chauffeur has the technical means to guarantee the confidentiality and security of the data collected.

  1. CUSTOMER RIGHTS

Customers have the right to access data concerning them. He may at any time request :

  • rectification, updating and/or deletion of personal data;
  • limit the processing of your data;
  • data portability ;
  • object to the processing of your data on legitimate grounds.

To exercise these rights, the Customer may send a request by post to :

Colonel Driver

47 Boulevard de Courcelles

75008 Paris

The Customer must enclose proof of identity in order to exercise the aforementioned rights.

Article VII. INTELLECTUAL PROPERTY

Colonel Chauffeur's website, including, but not limited to, photographs, graphics, customer interface, editorial content, scripts and software, contains information and materials owned by Colonel Chauffeur and/or its subcontractors that are protected by intellectual property laws. The Customer expressly acknowledges that it shall not use such information or materials except for use in accordance with the Terms and Conditions.

The Customer shall not copy, reproduce, display or use any element of the SASU KLIMS website protected by intellectual property in any manner whatsoever without the prior written consent of Colonel Chauffeur.

The Customer shall not establish any connection, including via hypertext link, "mirror", whether electronically or otherwise, to any part of the Website or any Application without the prior written consent of Colonel Chauffeur.

Article VIII. APPLICABLE LAW

The General Terms and Conditions and any related contract shall be exclusively executed, governed and interpreted in accordance with French law.

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

In the event of a dispute, the Customer shall contact Colonel Chauffeur to obtain an amicable settlement of his/her claim.

Any dispute that cannot be settled amicably will be :

  • subject to the exclusive jurisdiction of the French courts if the Customer is a consumer;
  • subject to the exclusive jurisdiction of the Commercial Court of Nanterre if the Customer is a merchant.