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Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") govern the relationship between FRANCEBUS and the Customer wishing to place an order with FRANCEBUS in order to benefit from its Services, regardless of the ordering method chosen.

These General Terms and Conditions are attached to the Quote and constitute the "Contract". The contractual relationship between FRANCEBUS and the Client is governed exclusively by the provisions of the Contract.

These General Terms and Conditions cancel and replace any prior oral or written agreement relating to their subject matter and prevail over any general terms and conditions of purchase of the Customer, and more generally over any document issued by the Customer, unless formally and expressly waived by FRANCEBUS.

Upon acceptance of the quote provided by FRANCEBUS, the Client will be asked to accept these General Terms and Conditions by signing them. If the Client does not fully accept and agree to all the provisions of these General Terms and Conditions, no order can be processed on their behalf.

By signing the General Terms and Conditions, the Client acknowledges having read, understood and accepted these General Terms and Conditions which will apply to all sales that may take place between the Client and FRANCEBUS.

These Terms and Conditions are binding on the Client from the date of their acceptance.

Article 1 – Definitions

Transport Charter : refers to the set of rules of good conduct applicable to the Services offered by FRANCEBUS, to which the Client agrees to submit for the proper execution of the Service.

Customer: refers to any natural person aged 18 (eighteen) years or over, legally capable or any legal representative of a legal person duly authorized to act in the name and on behalf of the latter, who wishes to benefit from the Services of FRANCEBUS, for his own account and/or that of his Passengers, and whose identification data is indicated on the Quote.

Consumer client: refers to any Client acting for non-professional purposes, namely any person who acts for purposes which are not within the scope of their commercial, industrial, craft, professional or agricultural activity or any legal entity which is not acting for professional purposes.

Business client: refers to any Client acting for professional purposes, i.e., purchasing within the scope and for the needs of their profession.

Command : refers to the Provision of the services ordered by the Customer.

CONTRACT : refers to all contractual documents, and any amendments or annexes thereof, concluded between FRANCEBUS and the Client in the context of the performance of the Services, as defined in Article 2 of these General Terms and Conditions.

Request: refers to any request for services made by the Client to FRANCEBUS.

Estimate: All technical and commercial proposals from FRANCEBUS relating to the Services ordered by the Client. The Services mentioned in the Quote are estimated based on the information provided by the Client, as recorded in their Request.

Donnee has characterere personnel : refers to any information relating to a natural person that allows him or her to be identified directly or indirectly. 

FRANCEBUS: refers to the simplified joint-stock company (SAS) FRANCEBUS, registered with the RCS of Antibes under number 520 920 521 00058, with a share capital of €16,500, whose registered office is located at 2791 Chemin Saint Bernard (Building B) – 06220 Vallauris, represented by its President France CAP (SIRET n°882 151 335 00024) itself represented by its President, Mr. Fabrice Dessaint.

Price list : refers to all the rates applicable to the Services offered by FRANCEBUS and the taxes, fees and/or additional costs that may be charged to the Client due to the terms of performance of the Service.

Passenger: refers to the person who benefits from the Service ordered by the Client (himself or a third party) from FRANCEBUS.

Price : refers to the price including all taxes (TTC) offered by FRANCEBUS for its Services, including the costs associated with the Service (e.g., application fees, parking fees, airport tax, accommodation fees, driver meal fees, etc.).

Delivery : refers to all the Services whose execution is assumed by FRANCEBUS in France under this Contract, as provided for in the Quote.

Service: refers to all services offered by FRANCEBUS relating to the transport of people in France.

Customer service: refers to the support service available via the Site's contact form or by email: info@francebus.com. This service allows the Customer to obtain information concerning the Site, the Services or their Order.

Site : refers to the FRANCEBUS website accessible at the following address: https://francebus.com/. 

Article 2 – Contractual Documents

The Contract consists of the following contractual documents, presented in descending hierarchical order of legal value:

  1. These General Terms and Conditions of Sale of Services («GTC»), and where applicable, their Amendments; ;
  2. The quote presented by FRANCEBUS; ;
  3. The FRANCEBUS fare schedule;
  4. The FRANCEBUS Transport Charter.

In the event of any contradiction between one or more provisions contained in any of these documents, they shall be interpreted in the order indicated above.

In the event of a conflict between one or more provisions contained in a document of the same rank, the most recent document shall prevail if it has been validated by both Parties.

It is specified that these documents may evolve during the execution of the Contract and that only their latest version, formally accepted by the Parties, has the value of a contractual document.

Article 3 – Purpose 

The purpose of the Contract is to define the rights and obligations of the Parties within the framework of the Services performed for the Client as provided for in the Quote.

It prevails over any other document, including the Customer's general terms and conditions of purchase or any prior agreement, whether oral or written.

No special conditions other than those of FRANCEBUS may, unless formally accepted in writing by FRANCEBUS, prevail over this Contract. 

The General Terms and Conditions are enforceable upon signature by the Client and are freely accessible on the Site.

FRANCEBUS will make the latest version of these Terms and Conditions available to the Customer on the Site and will provide a copy of this version if the Customer requests it.

FRANCEBUS reserves the right to deviate from certain clauses of this agreement, depending on negotiations conducted with the Client, by establishing specific sales conditions which will appear, where applicable, on the Quote made to the Client.

Article 4 – Services offered by FRANCEBUS

The services offered by FRANCEBUS allow the Client to benefit from chauffeur-driven passenger transport in France, particularly for:

  • The transfer from point A to point B;
  • Providing a vehicle with a driver for an event (e.g., wedding, ceremony, birthday, business event, etc.);
  • An excursion lasting several hours/days according to an itinerary defined by the Client and/or FRANCEBUS;

FRANCEBUS may offer the Client personalized Services, consisting of one or more Services adapted to the Client's Request, and may therefore offer the Client travel agency services, the terms of which will be provided later and only on request and personalized quote.

The types of Services and Benefits that FRANCEBUS may offer are listed on the Website and in the marketing materials made available to the Customer (e.g., leaflets, flyers, brochures, etc.). They are described and presented as accurately as possible to allow the Customer to understand their essential information and characteristics. However, if any errors or omissions have occurred in this presentation, FRANCEBUS cannot be held liable.

The photographs of the Services and Benefits presented on the Site are not contractual and may come from FRANCEBUS' partners.

FRANCEBUS offers its services subject to the availability of its services, including that of its vehicles and/or drivers.

The Customer can, within the framework of the transport services offered by FRANCEBUS, and in addition to these, benefit from Plus Services.

The Plus Services are provided on board the vehicle and include, in particular:

  • The provision of non-alcoholic drinks (mineral water, sodas, fruit juices and others) soft drinks);
  • The reception of the Client (and their Passengers) at airports or train stations by a hostess to the vehicle;
  • A guided tourist tour of a place, from the vehicle, in the language of the Client's choice.
     

The Client must indicate in their Request the Additional Services they wish to benefit from so that their cost is indicated in the Quote and included in the Service offered by FRANCEBUS.

Article 5 – Tarif

The applicable rates are those displayed by FRANCEBUS on its Price List or presented on the Quote, and confirmed when the Order is validated. 

These prices are shown in euros (€), including all taxes (TTC).

The rates are packages which include the flat rate applicable to the various Services included in the Service according to its terms (e.g. duration, distance, times, route, vehicles and equipment, number of people etc.), the transport of people strictly speaking, the remuneration of the vehicle driver and the motorway toll fees.

All other services necessary for the performance of the service will be billed to the Client at cost. The Client is hereby informed that the rates do not include the following charges:

  • Taxes and/or parking fees at airports or train stations;
  • Parking fees;
  • Carbon offsetting;
  • Mileage on the route sheet according to the booked route;
  • Overtime charges: any additional hour started will be charged from €150 (daytime i.e. between 6am and 9pm) to €250 (nighttime i.e. between 9pm and 6am) in case of delay, modification or overtime compared to the Client's initial reservation.
  • Driver travel expenses (meals and accommodation to be paid by the client, depending on travel locations and possible booking); 
  • Additional services not included in the service, the prices of which are displayed inside the vehicle;

The cost of Additional Services is indicated to the Client in the Quote and, where applicable, on board the vehicle. Any use of an Additional Service not included in the Service will be billed at the cost indicated on board the vehicle or, failing that, in the Quote.

FRANCEBUS will make its best efforts to provide the Client with an estimate of the additional costs that would be charged to the Client for the desired Service.

The total amount owed by the Client for the execution of their Service constitutes the Price.

Article 6 – Customer Request

Prior to the establishment of the Quote, the Client must submit their Request to FRANCEBUS, either online from the dedicated area of the Site, or by telephone, or by email to Customer Service.

When submitting their request, the Client must specify the purpose and characteristics of the desired service, including those relating to:

  • The date(s);
  • The time of pick-up or, where applicable, the times of the different pick-ups desired; ;
  • The desired route, specifying in particular, where applicable, the date, time and location of intermediate stopping points;
  • The requirements (e.g., desired arrival time for catching a connecting flight);
  • The identity and contact details (surname, first name, telephone number, address) of the person in charge of the group of Passengers;
  • The number of passengers and luggage to be transported and, where applicable, the composition of the group to be transported (maximum number of people, maximum number of people with reduced mobility, maximum number of people under eighteen years of age in the context of a public transport of children and the number of accompanying persons);
  • Any additional services he wishes to benefit from.

The Client declares that he has all the necessary authorizations to transmit to FRANCEBUS the information relating to the Passengers, and in particular the authorization of the holder of parental authority when the Passenger is a minor.

The Client is solely responsible for the accuracy and use of the Passenger Data that it provides to FRANCEBUS and guarantees FRANCEBUS against any action that a Passenger may take against it due to the use of the Data that was transmitted to it in this context.

FRANCEBUS reminds passengers that any minor passenger must be accompanied by the holder of parental authority and that FRANCEBUS or the driver cannot be held responsible if the driver is absent during the performance of the service.

Article 7 – Issuance and Acceptance of the Quote

FRANCEBUS establishes a Quote presenting the Services offered to the Client according to their needs, requests and information presented in the Request, which constitute the Service.

The Quote may also present optional Services that can also be offered to the Client as part of the Service if they so wish.

The Quote mentions the estimated price of the Service, namely the price of the Services included in the Service and, where applicable and as far as possible, an estimate of any Services relating to its completion according to the Client's Request (e.g. Plus Services, airport taxes, driver travel expenses etc.) as well as the processing fees (non-refundable).

It is also accompanied by the Transport Charter and an extract of the General Terms and Conditions of Sale, and an internet link to these GTC. The Client is reminded that all Services not included in the Service will be billed at the actual rate indicated in these documents.

The quote also specifies, based on the information provided by the client, the details of the service, including the pick-up and drop-off dates and times, the number of passengers and luggage, the pick-up and drop-off locations, and the travel itinerary. These details must be confirmed and/or clarified by the client upon acceptance of the quote. It should be noted that if FRANCEBUS deems that the information provided by the client modifies the service, and consequently the client's request, it will issue a new quote.

Estimates of travel time and price are provided to the Client for informational purposes only in the Quote. They are based on the Client's Request, the FRANCEBUS price list, and taking into account normal traffic conditions. They are not contractually binding and do not constitute a commitment on the part of FRANCEBUS, particularly if the actual travel time, service duration, and/or price of the service provided were higher.

FRANCEBUS recommends that the Customer take sufficient precautions in their Request in order to limit the consequences of traffic conditions for which FRANCEBUS cannot be held responsible.

Unless otherwise stated, the Quote binds FRANCEBUS, within the limits of the availability of its services, for a period of seven (7) days from its date of issue. 

No service will be booked and/or performed by FRANCEBUS without the prior acceptance of the quote by the client or prior payment.

The quote is accepted by the Client when the Client has sent it to FRANCEBUS:

  • The quote, dated, completed and signed with the mention "« good for agreement». For the professional Client, the signature must be accompanied by the Client's stamp and the identity and function of the signatory.
  • The Client's billing address.
  • Bank card details as a guarantee.
  • The contact details of the person in charge of the trip on site.
     
  • Any details relating to the execution of the Service and in particular the final information relating to the date(s) and time(s) of pick-up and drop-off, number of people, pick-up and drop-off locations, travel program etc. 

Acceptance of the Quote also entails the minimum payment of a deposit equal to fifty percent (50%) of the Price in accordance with article 8 of the General Terms and Conditions.

Within 72 business hours of receiving the accepted quote and the deposit payment, FRANCEBUS will confirm the service reservation to the Client by email. The order is then validated.

The booking confirmation will indicate the date of the Service, namely the day the Service is performed or, if applicable when the Service takes place over several days, the day on which the Service will begin.

If FRANCEBUS cannot book the service, particularly due to service unavailability, FRANCEBUS will inform the Customer as soon as possible. The Customer will then have the option to cancel the service and will therefore be reimbursed for the deposit paid.

Any order placed by a professional client is deemed to be directly related to their professional activity. It is the professional client's responsibility to analyze their needs and objectives before placing an order. The order placed by the professional client is thus presumed to correspond to the stated needs. Under no circumstances will FRANCEBUS be held liable if the services ordered by the professional client do not meet their needs and specific requirements.

Article 8 – Financial Arrangements

8.1 Price 

The Service Price consists of the price of the Services included in the Service indicated in the Quote and confirmed when validating the order, as well as any Services related to the completion of the Service according to the Client's Request (e.g. Plus Services, airport taxes, driver travel expenses etc.) as well as the processing fees (non-refundable).

The applicable rates are those displayed by FRANCEBUS in its Price List and/or those indicated on the Quote and confirmed when the Order is validated. 

The price is indicated in euros (€), including all taxes (TTC).

The applicable VAT rate is the rate in effect on the date of the Order, as indicated during Order confirmation. Any change in the applicable VAT rate will be automatically reflected in the Price of the Service and the rates for the Services. 

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be reflected in the Price and rates of the Services.

8.2 Deposit on the Price

The payment of a deposit, the amount of which, calculated on the Price up to 50%, will be indicated to the Client in the Quote and must be made when placing the Order. 

FRANCEBUS reserves the right to suspend the booking of the Service, and consequently the validation of the Order, until the said deposit is received by it.

8.3 Modification of Service Prices

FRANCEBUS reserves the right to modify the price of its services at any time, in particular by modifying its price list and/or the scope of its services. 

However, any price change after the Order has been validated has no effect on the Service.

8.4 Reprice reduction

The Client may benefit from discounts or rebates based on the quantity of Services purchased and their value. 

The Customer may also benefit from discounts and rebates due to the frequency of their purchases. 

Finally, the Customer may benefit from discounts when FRANCEBUS implements promotional campaigns and during various sales periods. Only Services ordered during these promotional campaigns will benefit from the discounts offered by FRANCEBUS. 

8.5 Billing

Once the Order has been validated, FRANCEBUS will be able to send the Customer an initial invoice relating to the Price of the Service ordered, indicating any terms of payment. 

If applicable, once the Service has been performed or following the cancellation of the Service, FRANCEBUS may send the Client an invoice relating to the Services owed by the Client (i.e. those provided or cancelled) which the Client undertakes to pay in accordance with the terms below.

This second invoice will indicate any additional costs that may be owed by the Client for the execution of their Order (e.g., overtime, modification or cancellation fees, Plus Services, airport taxes, driver travel expenses, etc.).

Invoices are sent to the Customer by email. If the Customer requests it, FRANCEBUS can provide a copy of the invoice by post and/or in person.

Unless otherwise stated on the invoices or quotes, the invoice will be paid by the Client to FRANCEBUS, subject only to the deduction of any advance payments made, within 30 days net and without discount, from the date of their issue.

8.6 Modalityes of reregulations

Placing the Order implies full payment by the Client prior to the execution of the Service.

Payment for the Order and Invoices is made either by:

  • Payment by credit card (Visa, Mastercard) is processed through a payment service provider's solution (such as Stripe, Vivawallet Payment, WooCommerce) offering a secure system that uses the SSL (Secure Socket Layer) protocol. This ensures that the transmitted information is encrypted and that no third party can access it during transmission over the network. The Customer acknowledges being subject to the payment service provider's terms and conditions and having read and accepted them prior to using the service.
  • Bank transfer, it being specified that the Client will have to bear any costs of this transaction.

The Client is solely responsible for the transmission of their bank details.

FRANCEBUS reserves the right to suspend, until payment is settled, any management and/or execution of the Customer's Order, in the event of refusal of payment authorization by officially accredited bodies or in the event of total or partial non-payment of the Order Price.

FRANCEBUS reserves the right to refuse to perform a Service or to honor an Order from a Customer who has not fully paid for their Order or a previous Order, or with whom a payment dispute is being administered.

8.7 Pre-bank authorization

The Customer is informed that a payment authorization request is made, when placing their Order and registering their payment card, to the issuing institution of said payment card.

The Customer authorizes FRANCEBUS and its payment provider to proceed with this authorization request and acknowledges that his Order can only be validated after acceptance of this pre-authorization by the issuing institution of his payment card.

The amount of the pre-authorisation in euros depends on the amount of the service booked, and will refer to the quote or invoice issued for the purpose of the booking.

8.8 Late payment

Any unpaid amount (lack of funds, non-payment, partial payment etc.) will be considered as a late payment, unless a postponement is requested by the Client and granted by FRANCEBUS, in a specific, express and written manner.

Without FRANCEBUS being required to issue a formal notice, any late payment will accrue interest at a rate of three (3) times the legal interest rate from the first day of delay until the actual date of payment. This rate will be applied to all sums remaining due by the Client until full payment of the principal and interest.

Furthermore, for the Business Client, reasonable additional compensation may also be claimed upon presentation of supporting documents when the recovery costs incurred (e.g., bailiff's fees, court fees incurred for the purpose of legal recovery, etc.) exceed the fixed compensation of forty (40) euros provided for in Articles L. 441-6 and D. 441-5 of the French Commercial Code. By express agreement between the Business Client and FRANCEBUS, this stipulation does not constitute a penalty clause.

8.9 Degradation of vehicule

Any damage to the vehicle by the Customer or their Passengers will result in cleaning and/or repair costs for the vehicle at the rates indicated in the FRANCEBUS price list.

They will be invoiced according to the terms of Article 8.5 and will be payable according to the terms set out in Article 8.6 of these General Terms and Conditions. It should be noted that payment may also be made by pre-authorization from the bank card provided by the Customer when confirming their Order.

8.10 Reimbursement

When a refund is to be made to the Client, it is calculated according to the terms and conditions set out in the Contract, in particular in the event of cancellation or modification of the Service by FRANCEBUS.

Account creation fees, processing fees, and transaction and payment fees are excluded from reimbursement and remain the property of FRANCEBUS. They may be fixed or amount to up to 3% of the Price.

FRANCEBUS will reimburse the sums paid by the Client no later than fourteen (14) days following the termination of the Contract.

The refund will be issued using the same payment method used for the original payment. If, and only if, that method has expired, FRANCEBUS will contact the customer to arrange the refund via an alternative payment method, provided that the refund does not incur any additional costs for FRANCEBUS.

Article 9 – No right of withdrawal

Pursuant to Articles L.221-2 and L.221-18 of the Consumer Code, the consumer Client does not have the right of withdrawal for Services ordered from FRANCEBUS.

Since the professional Client is a professional purchasing within the framework and for the needs of their profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.

Consequently, the Service is exclusively subject to the modification or cancellation conditions set out in these Terms and Conditions.

Article 10 – Modification of the Service by the Client

Any request to modify the Service must be made by the Client by email and will be confirmed by return email by FRANCEBUS and, if applicable, invoiced.

10.1 Modification occurring at least 72 hours before the date of the service

Any request to modify the Service (e.g. date, time, location, number of people, route, etc.) must be made to FRANCEBUS Customer Service no later than 72 hours before the date of the Service.

It will be subject to confirmation of modification by email and may result in a change of Price (e.g. road costs, change of dates, times, duration, and/or distance travelled, change of Passenger group, parking fees and/or additional taxes). 

If FRANCEBUS is unable to carry out the requested modification, particularly due to unavailability of its services, FRANCEBUS will inform the Customer as soon as possible. The Customer will then have the option to cancel the service under the conditions set out in Article 10.2 of these Terms and Conditions.

10.2 Modification occurring less than 72 hours before the date of the Service or at course of the service

Modifications to the Service occurring less than 72 hours before the date of the Service or during its execution are not possible.

Therefore, the Customer cannot ask FRANCEBUS or the driver performing the Service to modify any of the Services comprising it, whether it be, for example, a change of route, schedule, number of Passengers etc. 

If the Client were to present such a request to FRANCEBUS or to the driver performing the Service, they are not obliged to accept it, particularly if it is likely to prevent the performance of the Service and the commitments initially made by the Parties under this Contract.

In any event, the modification of the Service may result in a modification of the Price (e.g. modification fees, price readjustment, etc.).

If the modification requested by the Client results in the interruption or shortening of the Service, it will not entail any refund of sums paid by the Client or discount on the Price.

Article 11 – Cancellation of the Service by the Client

The Client may cancel the Service at any time upon payment of the cancellation fees.

The request to cancel the Service must be made to the FRANCEBUS Customer Service and will be confirmed by email, the date of which will be used to calculate the cancellation fees.

When, on the date of the Service, the Client does not appear at the time and place agreed between the Parties, as mentioned in the Order confirmation, the Service will be deemed to have been cancelled by the Client on the date of the Service.

Any Service interrupted or shortened by the Client will be deemed to have been cancelled by the Client on the date of the Service.

Cancellation of the Service by the Client results in the cancellation of all the services that comprised it and the payment of the following cancellation fees: 

  • 100% (one hundred percent) of the Price if the cancellation occurs less than 72 hours before the date of the Service;
  • 50% (fifty percent) of the Price if the cancellation occurs between 4 and 6 days before the date of the Service;
  • 30% (thirty percent) of the Price if the cancellation occurs more than 7 days before the date of the Service;

Article 12 – Modification or cancellation of the service by FRANCEBUS

12.1 Modification of the Service by FRANCEBUS

When external events prevent FRANCEBUS from performing the agreed service, FRANCEBUS may modify the service:

  • Either in a minor way, by informing the Client beforehand;
  • Either by notifying the Client in advance to obtain their agreement. The Client will have the option to accept the modification or refuse it, in which case the Client will terminate the Contract to obtain a refund of any sums paid. Unless otherwise specified by the Service start date, the Client's decision must be communicated to FRANCEBUS within 7 days of receiving notification of the modification. If no response is received within this timeframe, the Client will be deemed to have accepted the modification.

In all cases, FRANCEBUS will inform the Client of the change made to the Service as soon as possible and by any means allowing the Client to obtain an acknowledgement of receipt (e.g. registered letter or email with acknowledgement of receipt).

12.2 Cancellation of the Service by FRANCEBUS

When FRANCEBUS cannot perform the Contract due to exceptional and unavoidable circumstances and/or due to the Client, FRANCEBUS may cancel it before the date of the Service and must then reimburse the Client for the sums paid without being liable for any additional compensation.

When the Contract cannot be performed for other reasons, FRANCEBUS may cancel it before the date of the Service and must then reimburse the Client for the sums paid and pay him compensation at least equal to the penalty that the Client would have incurred if he had cancelled the Service on the same date according to the terms set out in article 11 of the CGV.

Article 13 – Obligations of FRANCEBUS

FRANCEBUS undertakes to perform its Services under the conditions stipulated in this Contract.

FRANCEBUS is therefore bound by an obligation of means with regard to the performance of the Services covered by this Contract, as defined in the Quote.

In this context, FRANCEBUS commits to:  

  • To implement the services and resources necessary for the execution of the Services in a professional manner and in accordance with the rules of the art of one's profession.
  • Make every effort to preserve the confidentiality of all information and documents that it may hold as a result of the execution of this Contract; ;
  • We will make every effort to maintain the highest level of service quality. However, the customer is reminded that FRANCEBUS cannot guarantee a specific type of vehicle, color, or level of comfort.

This Contract excludes any notion of provision of personnel within the framework of temporary work regulations.

Any Service requested by the Client during the execution of the Service that does not fall within the scope of the Services included in the Service as defined in the Quote will be subject to a new Quote and will only be executed after validation of the latter.

Article 14 – Client Obligations

The Client agrees to pay FRANCEBUS the price fixed in consideration of the service under the conditions stipulated in this Contract.

He agrees to comply with the FRANCEBUS transport charter. 

The Client undertakes to provide FRANCEBUS, upon submitting its Request or failing that, as soon as it becomes aware of it, with any information that could affect its execution. If this information necessitates a modification of the Service, it will be initiated by the Client and thus subject to the provisions of Article [number missing in original text].

The Client agrees to provide complete banking information and keep it up to date in order to avoid any payment incidents. 

He guarantees to FRANCEBUS that he has the necessary authorizations to use the bank account chosen at the time of creating his Account and that this bank account provides access to sufficient funds to cover all costs resulting from this subscription. 

Validation of the quote constitutes a guarantee from the client on these points.

Article 15 – Contract Duration

The Contract comes into effect on the date of acceptance of the Quote by the Client, which mentions acceptance of these Terms and Conditions.

It is concluded for an indefinite period and ends following the execution of the Service. 

Subscribing, during the term of the contract, to an additional Service beyond those provided for in the initially subscribed Service does not modify the duration or the term of the Contract.

Article 16 – Insurance 

The Contract does not include any insurance covering cancellation costs for the Service, the Client's property, assistance/repatriation in case of accident, illness or death.

Article 17 – Non-Competition

The Client shall refrain, for a period of one (1) year after the expiry of the Contract, for whatever reason, throughout the French territory, from marketing products or services likely to compete with those offered by FRANCEBUS.

Article 18 – Liability

18.1 Provisions generales

The Client assumes responsibility for the choice of Services they decide to order. Consequently, FRANCEBUS cannot under any circumstances be held liable for the unsuitability of the Services to the Client's needs.

In accordance with the provisions of Article L 3142-3 of the Transport Code, FRANCEBUS remains responsible to the Client for the proper performance of the obligations arising from the Contract.

FRANCEBUS shall not be liable if FRANCEBUS demonstrates that the non-performance or poor performance of the Contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the Service booked by the Client, or to a case of force majeure.

FRANCEBUS shall not be liable for any damage suffered during the performance of services ordered directly by the Client from a third party to the Contract.

FRANCEBUS would also like to remind the Customer that the vehicles used to perform the Service are not subject to specific surveillance and recommends that the Customer not leave valuables in them.

18.2 For Business Customers

Furthermore, for Professional Clients, FRANCEBUS will only be liable for direct and foreseeable damages in the event of proven and justified fault on the part of FRANCEBUS by the Professional Client.

Consequently, and pursuant to Article 1231-4 of the Civil Code, FRANCEBUS shall not be liable for indirect and unforeseeable damages, such as loss of turnover, damage to image, business interruption, loss of revenue, data or customers, in connection with or arising from the non-performance or faulty performance of the Services.

The total cumulative liability of the Professional Client towards FRANCEBUS, and vice versa, resulting from a breach of contract, regardless of the method of action or the applicable theory of recovery, shall be limited, as damages, to an amount not exceeding the Price of the Services in which the damage originates.

This compensation limit does not apply in cases of fraud, intentional misconduct, gross negligence, and counterfeiting.

Article 19 – Intellectual Property

FRANCEBUS holds all intellectual property rights relating to its trademarks, distinctive signs, commercial documents or any document produced for the execution of its Services (studies, prototypes, sketches, drawings or models etc.), and the elements which compose them, including texts, photographs, images, icons, sounds, videos, software, databases or data.

Therefore, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which FRANCEBUS has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without the prior written authorization of FRANCEBUS, is strictly prohibited.

Non-substantial reproduction or representation of elements on which FRANCEBUS has intellectual property rights is authorized for strictly private and non-commercial purposes.

Authorised reproduction of elements on which FRANCEBUS has intellectual property rights must clearly indicate the source and the name of the author of the reproduced content.

FRANCEBUS reserves the right to pursue civil and criminal legal action, including for infringement, against any person who, directly or indirectly, has infringed its rights.

Article 20 – Personal Data

FRANCEBUS strives to protect the privacy of its Customers by complying with applicable laws and regulations, in particular Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms (hereinafter "the Data Protection Act").

FRANCEBUS makes every effort to ensure the security of the User's Personal Data by implementing technical, physical, electronic and administrative protection measures proportionate to the risks involved and in accordance with applicable regulations.

By engaging FRANCEBUS, the Client accepts the rules relating to the collection, processing and use of Personal Data as set out in the Privacy Policy relating to personal data processed by FRANCEBUS, available on the Site at the following address: https://francebus.com/charte-donnees-personnelles/ 

Article 21 – Force majeure

Any circumstances beyond the control of the Parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exemption from the Parties' obligations and shall result in their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence and their disappearance.

Events of force majeure are those usually recognized by case law, namely: events which are irresistible and unforeseeable, beyond the control of the parties, against which they could not reasonably protect themselves and whose consequences they could only have mitigated by incurring expenses out of proportion to the expected financial returns.

In this respect, the following are expressly considered as cases of force majeure or fortuitous events: accidents disrupting traffic, traffic jams of unusual magnitude, blockage of means of transport or supplies, earthquakes, fires or severe weather (e.g. storms, floods, lightning), the interruption and/or malfunction of telecommunications and/or computer networks preventing the availability of the Site, strikes or demonstrations, epidemics or pandemics.

The parties will consult to examine the impact of the event and agree on the conditions under which the Contract will continue to be performed. If the force majeure event lasts for more than three months, this Contract may be terminated by the affected party.

Article 22 – Partial invalidation

If one or more provisions of these General Terms and Conditions are declared invalid, pursuant to a law, regulation or as a result of a final decision of a competent court, they shall be deemed unwritten, without invalidating the entirety of these General Terms and Conditions by which FRANCEBUS and the Client shall remain bound to each other. 

If necessary, FRANCEBUS and the Client undertake to negotiate in good faith the arrangements necessary to replace the stipulations which may have been subject to cancellation or invalidation for any reason whatsoever.

Article 23 – Non-waiver

The failure of either party to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.

The failure of a party to enforce any provision of these Terms and Conditions, or to tolerate any breach thereof, whether temporarily or permanently, shall not be construed as a waiver by that party of its rights under these Terms and Conditions.

The fact that one party tolerates a non-performance or imperfect performance of any contractual obligation referred to in these General Terms and Conditions, or more generally tolerates any act, abstention or omission by the other party that is not in accordance with the contractual provisions, shall not confer any right whatsoever on the party that benefits from such tolerance.

Article 24 – Titles

The headings and subheadings appearing in these Terms and Conditions are included for convenience only. 

FRANCEBUS and the Client acknowledge that these headings and subheadings shall in no way be used to interpret any provision of these General Terms and Conditions. In the event of any conflict between any of the headings and any of the stipulations, the headings shall be deemed null and void.

Article 25 – Mediation for Consumer Clients

In the event of a dispute, the consumer Client should first contact FRANCEBUS Customer Service.

In the event of failure of the complaint request to Customer Service or in the absence of a response from this Service within two (2) months, the consumer Customer may submit the dispute relating to the Contract opposing him to FRANCEBUS to the CMAP Mediator who will attempt, in complete independence and impartiality, to bring the Parties together in order to reach an amicable solution. 

The consumer client may contact the aforementioned mediator at the following contact details: cmap@cmap.fr

To submit a mediation request, the consumer can use the complaint form available on the mediator's website: https://www.cmap.fr

For further information, the consumer is invited to visit the Ombudsman's website, accessible at the following address: https://www.cmap.fr

The Parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. 

Article 26 – Applicable Law, Choice of Domicile and Jurisdiction

The Client elects domicile at the postal address provided during their Request and FRANCEBUS at its headquarters.

This Contract is governed by and subject to French law.

Any dispute relating to the conclusion, interpretation, performance or termination of the Contract shall be subject to an attempt at amicable settlement. 

Any dispute arising between the Parties as a result of the conclusion, interpretation or performance of the Contract shall be submitted to the competent jurisdiction:

within the jurisdiction of FRANCEBUS's head office, when the dispute arises between a professional Client and FRANCEBUS

of the place of the defendant's domicile or that of the place where the Service is performed, when the dispute arises between a consumer Client and FRANCEBUS;

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") govern the relationship between FRANCEBUS and the Customer wishing to place an order with FRANCEBUS in order to benefit from its Services, regardless of the ordering method chosen.

These General Terms and Conditions are attached to the Quote and constitute the "Contract". The contractual relationship between FRANCEBUS and the Client is governed exclusively by the provisions of the Contract.

These General Terms and Conditions cancel and replace any prior oral or written agreement relating to their subject matter and prevail over any general terms and conditions of purchase of the Customer, and more generally over any document issued by the Customer, unless formally and expressly waived by FRANCEBUS.

Upon acceptance of the quote provided by FRANCEBUS, the Client will be asked to accept these General Terms and Conditions by signing them. If the Client does not fully accept and agree to all the provisions of these General Terms and Conditions, no order can be processed on their behalf.

By signing the General Terms and Conditions, the Client acknowledges having read, understood and accepted these General Terms and Conditions which will apply to all sales that may take place between the Client and FRANCEBUS.

These Terms and Conditions are binding on the Client from the date of their acceptance.

Article 1 – Definitions

Transport Charter : refers to the set of rules of good conduct applicable to the Services offered by FRANCEBUS, to which the Client agrees to submit for the proper execution of the Service.

Customer: refers to any natural person aged 18 (eighteen) years or over, legally capable or any legal representative of a legal person duly authorized to act in the name and on behalf of the latter, who wishes to benefit from the Services of FRANCEBUS, for his own account and/or that of his Passengers, and whose identification data is indicated on the Quote.

Consumer client: refers to any Client acting for non-professional purposes, namely any person who acts for purposes which are not within the scope of their commercial, industrial, craft, professional or agricultural activity or any legal entity which is not acting for professional purposes.

Business client: refers to any Client acting for professional purposes, i.e., purchasing within the scope and for the needs of their profession.

Command : refers to the Provision of the services ordered by the Customer.

CONTRACT : refers to all contractual documents, and any amendments or annexes thereof, concluded between FRANCEBUS and the Client in the context of the performance of the Services, as defined in Article 2 of these General Terms and Conditions.

Request: refers to any request for services made by the Client to FRANCEBUS.

Estimate: All technical and commercial proposals from FRANCEBUS relating to the Services ordered by the Client. The Services mentioned in the Quote are estimated based on the information provided by the Client, as recorded in their Request.

Donnee has characterere personnel : refers to any information relating to a natural person that allows him or her to be identified directly or indirectly. 

FRANCEBUS: refers to the simplified joint-stock company (SAS) FRANCEBUS, registered with the RCS of Antibes under number 520 920 521 00058, with a share capital of €16,500, whose registered office is located at 2791 Chemin Saint Bernard (Building B) – 06220 Vallauris, represented by its President France CAP (SIRET n°882 151 335 00024) itself represented by its President, Mr. Fabrice Dessaint.

Price list : refers to all the rates applicable to the Services offered by FRANCEBUS and the taxes, fees and/or additional costs that may be charged to the Client due to the terms of performance of the Service.

Passenger: refers to the person who benefits from the Service ordered by the Client (himself or a third party) from FRANCEBUS.

Price : refers to the price including all taxes (TTC) offered by FRANCEBUS for its Services, including the costs associated with the Service (e.g., application fees, parking fees, airport tax, accommodation fees, driver meal fees, etc.).

Delivery : refers to all the Services whose execution is assumed by FRANCEBUS in France under this Contract, as provided for in the Quote.

Service: refers to all services offered by FRANCEBUS relating to the transport of people in France.

Customer service: refers to the support service available via the Site's contact form or by email: info@francebus.com. This service allows the Customer to obtain information concerning the Site, the Services or their Order.

Site : refers to the FRANCEBUS website accessible at the following address: https://francebus.com/. 

Article 2 – Contractual Documents

The Contract consists of the following contractual documents, presented in descending hierarchical order of legal value:

  1. These General Terms and Conditions of Sale of Services («GTC»), and where applicable, their Amendments; ;
  2. The quote presented by FRANCEBUS; ;
  3. The FRANCEBUS fare schedule;
  4. The FRANCEBUS Transport Charter.

In the event of any contradiction between one or more provisions contained in any of these documents, they shall be interpreted in the order indicated above.

In the event of a conflict between one or more provisions contained in a document of the same rank, the most recent document shall prevail if it has been validated by both Parties.

It is specified that these documents may evolve during the execution of the Contract and that only their latest version, formally accepted by the Parties, has the value of a contractual document.

Article 3 – Purpose 

The purpose of the Contract is to define the rights and obligations of the Parties within the framework of the Services performed for the Client as provided for in the Quote.

It prevails over any other document, including the Customer's general terms and conditions of purchase or any prior agreement, whether oral or written.

No special conditions other than those of FRANCEBUS may, unless formally accepted in writing by FRANCEBUS, prevail over this Contract. 

The General Terms and Conditions are enforceable upon signature by the Client and are freely accessible on the Site.

FRANCEBUS will make the latest version of these Terms and Conditions available to the Customer on the Site and will provide a copy of this version if the Customer requests it.

FRANCEBUS reserves the right to deviate from certain clauses of this agreement, depending on negotiations conducted with the Client, by establishing specific sales conditions which will appear, where applicable, on the Quote made to the Client.

Article 4 – Services offered by FRANCEBUS

The services offered by FRANCEBUS allow the Client to benefit from chauffeur-driven passenger transport in France, particularly for:

  • The transfer from point A to point B;
  • Providing a vehicle with a driver for an event (e.g., wedding, ceremony, birthday, business event, etc.);
  • An excursion lasting several hours/days according to an itinerary defined by the Client and/or FRANCEBUS;

FRANCEBUS may offer the Client personalized Services, consisting of one or more Services adapted to the Client's Request, and may therefore offer the Client travel agency services, the terms of which will be provided later and only on request and personalized quote.

The types of Services and Benefits that FRANCEBUS may offer are listed on the Website and in the marketing materials made available to the Customer (e.g., leaflets, flyers, brochures, etc.). They are described and presented as accurately as possible to allow the Customer to understand their essential information and characteristics. However, if any errors or omissions have occurred in this presentation, FRANCEBUS cannot be held liable.

The photographs of the Services and Benefits presented on the Site are not contractual and may come from FRANCEBUS' partners.

FRANCEBUS offers its services subject to the availability of its services, including that of its vehicles and/or drivers.

The Customer can, within the framework of the transport services offered by FRANCEBUS, and in addition to these, benefit from Plus Services.

The Plus Services are provided on board the vehicle and include, in particular:

  • The provision of non-alcoholic drinks (mineral water, sodas, fruit juices and others) soft drinks);
  • The reception of the Client (and their Passengers) at airports or train stations by a hostess to the vehicle;
  • A guided tourist tour of a place, from the vehicle, in the language of the Client's choice.
     

The Client must indicate in their Request the Additional Services they wish to benefit from so that their cost is indicated in the Quote and included in the Service offered by FRANCEBUS.

Article 5 – Tarif

The applicable rates are those displayed by FRANCEBUS on its Price List or presented on the Quote, and confirmed when the Order is validated. 

These prices are shown in euros (€), including all taxes (TTC).

The rates are packages which include the flat rate applicable to the various Services included in the Service according to its terms (e.g. duration, distance, times, route, vehicles and equipment, number of people etc.), the transport of people strictly speaking, the remuneration of the vehicle driver and the motorway toll fees.

All other services necessary for the performance of the service will be billed to the Client at cost. The Client is hereby informed that the rates do not include the following charges:

  • Taxes and/or parking fees at airports or train stations;
  • Parking fees;
  • Carbon offsetting;
  • Mileage on the route sheet according to the booked route;
  • Overtime charges: any additional hour started will be charged from €150 (daytime i.e. between 6am and 9pm) to €250 (nighttime i.e. between 9pm and 6am) in case of delay, modification or overtime compared to the Client's initial reservation.
  • Driver travel expenses (meals and accommodation to be paid by the client, depending on travel locations and possible booking); 
  • Additional services not included in the service, the prices of which are displayed inside the vehicle;

The cost of Additional Services is indicated to the Client in the Quote and, where applicable, on board the vehicle. Any use of an Additional Service not included in the Service will be billed at the cost indicated on board the vehicle or, failing that, in the Quote.

FRANCEBUS will make its best efforts to provide the Client with an estimate of the additional costs that would be charged to the Client for the desired Service.

The total amount owed by the Client for the execution of their Service constitutes the Price.

Article 6 – Customer Request

Prior to the establishment of the Quote, the Client must submit their Request to FRANCEBUS, either online from the dedicated area of the Site, or by telephone, or by email to Customer Service.

When submitting their request, the Client must specify the purpose and characteristics of the desired service, including those relating to:

  • The date(s);
  • The time of pick-up or, where applicable, the times of the different pick-ups desired; ;
  • The desired route, specifying in particular, where applicable, the date, time and location of intermediate stopping points;
  • The requirements (e.g., desired arrival time for catching a connecting flight);
  • The identity and contact details (surname, first name, telephone number, address) of the person in charge of the group of Passengers;
  • The number of passengers and luggage to be transported and, where applicable, the composition of the group to be transported (maximum number of people, maximum number of people with reduced mobility, maximum number of people under eighteen years of age in the context of a public transport of children and the number of accompanying persons);
  • Any additional services he wishes to benefit from.

The Client declares that he has all the necessary authorizations to transmit to FRANCEBUS the information relating to the Passengers, and in particular the authorization of the holder of parental authority when the Passenger is a minor.

The Client is solely responsible for the accuracy and use of the Passenger Data that it provides to FRANCEBUS and guarantees FRANCEBUS against any action that a Passenger may take against it due to the use of the Data that was transmitted to it in this context.

FRANCEBUS reminds passengers that any minor passenger must be accompanied by the holder of parental authority and that FRANCEBUS or the driver cannot be held responsible if the driver is absent during the performance of the service.

Article 7 – Issuance and Acceptance of the Quote

FRANCEBUS establishes a Quote presenting the Services offered to the Client according to their needs, requests and information presented in the Request, which constitute the Service.

The Quote may also present optional Services that can also be offered to the Client as part of the Service if they so wish.

The Quote mentions the estimated price of the Service, namely the price of the Services included in the Service and, where applicable and as far as possible, an estimate of any Services relating to its completion according to the Client's Request (e.g. Plus Services, airport taxes, driver travel expenses etc.) as well as the processing fees (non-refundable).

It is also accompanied by the Transport Charter and an extract of the General Terms and Conditions of Sale, and an internet link to these GTC. The Client is reminded that all Services not included in the Service will be billed at the actual rate indicated in these documents.

The quote also specifies, based on the information provided by the client, the details of the service, including the pick-up and drop-off dates and times, the number of passengers and luggage, the pick-up and drop-off locations, and the travel itinerary. These details must be confirmed and/or clarified by the client upon acceptance of the quote. It should be noted that if FRANCEBUS deems that the information provided by the client modifies the service, and consequently the client's request, it will issue a new quote.

Estimates of travel time and price are provided to the Client for informational purposes only in the Quote. They are based on the Client's Request, the FRANCEBUS price list, and taking into account normal traffic conditions. They are not contractually binding and do not constitute a commitment on the part of FRANCEBUS, particularly if the actual travel time, service duration, and/or price of the service provided were higher.

FRANCEBUS recommends that the Customer take sufficient precautions in their Request in order to limit the consequences of traffic conditions for which FRANCEBUS cannot be held responsible.

Unless otherwise stated, the Quote binds FRANCEBUS, within the limits of the availability of its services, for a period of seven (7) days from its date of issue. 

No service will be booked and/or performed by FRANCEBUS without the prior acceptance of the quote by the client or prior payment.

The quote is accepted by the Client when the Client has sent it to FRANCEBUS:

  • The quote, dated, completed and signed with the mention "« good for agreement». For the professional Client, the signature must be accompanied by the Client's stamp and the identity and function of the signatory.
  • The Client's billing address.
  • Bank card details as a guarantee.
  • The contact details of the person in charge of the trip on site.
     
  • Any details relating to the execution of the Service and in particular the final information relating to the date(s) and time(s) of pick-up and drop-off, number of people, pick-up and drop-off locations, travel program etc. 

Acceptance of the Quote also entails the minimum payment of a deposit equal to fifty percent (50%) of the Price in accordance with article 8 of the General Terms and Conditions.

Within 72 business hours of receiving the accepted quote and the deposit payment, FRANCEBUS will confirm the service reservation to the Client by email. The order is then validated.

The booking confirmation will indicate the date of the Service, namely the day the Service is performed or, if applicable when the Service takes place over several days, the day on which the Service will begin.

If FRANCEBUS cannot book the service, particularly due to service unavailability, FRANCEBUS will inform the Customer as soon as possible. The Customer will then have the option to cancel the service and will therefore be reimbursed for the deposit paid.

Any order placed by a professional client is deemed to be directly related to their professional activity. It is the professional client's responsibility to analyze their needs and objectives before placing an order. The order placed by the professional client is thus presumed to correspond to the stated needs. Under no circumstances will FRANCEBUS be held liable if the services ordered by the professional client do not meet their needs and specific requirements.

Article 8 – Financial Arrangements

8.1 Price 

The Service Price consists of the price of the Services included in the Service indicated in the Quote and confirmed when validating the order, as well as any Services related to the completion of the Service according to the Client's Request (e.g. Plus Services, airport taxes, driver travel expenses etc.) as well as the processing fees (non-refundable).

The applicable rates are those displayed by FRANCEBUS in its Price List and/or those indicated on the Quote and confirmed when the Order is validated. 

The price is indicated in euros (€), including all taxes (TTC).

The applicable VAT rate is the rate in effect on the date of the Order, as indicated during Order confirmation. Any change in the applicable VAT rate will be automatically reflected in the Price of the Service and the rates for the Services. 

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be reflected in the Price and rates of the Services.

8.2 Deposit on the Price

The payment of a deposit, the amount of which, calculated on the Price up to 50%, will be indicated to the Client in the Quote and must be made when placing the Order. 

FRANCEBUS reserves the right to suspend the booking of the Service, and consequently the validation of the Order, until the said deposit is received by it.

8.3 Modification of Service Prices

FRANCEBUS reserves the right to modify the price of its services at any time, in particular by modifying its price list and/or the scope of its services. 

However, any price change after the Order has been validated has no effect on the Service.

8.4 Reprice reduction

The Client may benefit from discounts or rebates based on the quantity of Services purchased and their value. 

The Customer may also benefit from discounts and rebates due to the frequency of their purchases. 

Finally, the Customer may benefit from discounts when FRANCEBUS implements promotional campaigns and during various sales periods. Only Services ordered during these promotional campaigns will benefit from the discounts offered by FRANCEBUS. 

8.5 Billing

Once the Order has been validated, FRANCEBUS will be able to send the Customer an initial invoice relating to the Price of the Service ordered, indicating any terms of payment. 

If applicable, once the Service has been performed or following the cancellation of the Service, FRANCEBUS may send the Client an invoice relating to the Services owed by the Client (i.e. those provided or cancelled) which the Client undertakes to pay in accordance with the terms below.

This second invoice will indicate any additional costs that may be owed by the Client for the execution of their Order (e.g., overtime, modification or cancellation fees, Plus Services, airport taxes, driver travel expenses, etc.).

Invoices are sent to the Customer by email. If the Customer requests it, FRANCEBUS can provide a copy of the invoice by post and/or in person.

Unless otherwise stated on the invoices or quotes, the invoice will be paid by the Client to FRANCEBUS, subject only to the deduction of any advance payments made, within 30 days net and without discount, from the date of their issue.

8.6 Modalityes of reregulations

Placing the Order implies full payment by the Client prior to the execution of the Service.

Payment for the Order and Invoices is made either by:

  • Payment by credit card (Visa, Mastercard) is processed through a payment service provider's solution (such as Stripe, Vivawallet Payment, WooCommerce) offering a secure system that uses the SSL (Secure Socket Layer) protocol. This ensures that the transmitted information is encrypted and that no third party can access it during transmission over the network. The Customer acknowledges being subject to the payment service provider's terms and conditions and having read and accepted them prior to using the service.
  • Bank transfer, it being specified that the Client will have to bear any costs of this transaction.

The Client is solely responsible for the transmission of their bank details.

FRANCEBUS reserves the right to suspend, until payment is settled, any management and/or execution of the Customer's Order, in the event of refusal of payment authorization by officially accredited bodies or in the event of total or partial non-payment of the Order Price.

FRANCEBUS reserves the right to refuse to perform a Service or to honor an Order from a Customer who has not fully paid for their Order or a previous Order, or with whom a payment dispute is being administered.

8.7 Pre-bank authorization

The Customer is informed that a payment authorization request is made, when placing their Order and registering their payment card, to the issuing institution of said payment card.

The Customer authorizes FRANCEBUS and its payment provider to proceed with this authorization request and acknowledges that his Order can only be validated after acceptance of this pre-authorization by the issuing institution of his payment card.

The amount of the pre-authorisation in euros depends on the amount of the service booked, and will refer to the quote or invoice issued for the purpose of the booking.

8.8 Late payment

Any unpaid amount (lack of funds, non-payment, partial payment etc.) will be considered as a late payment, unless a postponement is requested by the Client and granted by FRANCEBUS, in a specific, express and written manner.

Without FRANCEBUS being required to issue a formal notice, any late payment will accrue interest at a rate of three (3) times the legal interest rate from the first day of delay until the actual date of payment. This rate will be applied to all sums remaining due by the Client until full payment of the principal and interest.

Furthermore, for the Business Client, reasonable additional compensation may also be claimed upon presentation of supporting documents when the recovery costs incurred (e.g., bailiff's fees, court fees incurred for the purpose of legal recovery, etc.) exceed the fixed compensation of forty (40) euros provided for in Articles L. 441-6 and D. 441-5 of the French Commercial Code. By express agreement between the Business Client and FRANCEBUS, this stipulation does not constitute a penalty clause.

8.9 Degradation of vehicule

Any damage to the vehicle by the Customer or their Passengers will result in cleaning and/or repair costs for the vehicle at the rates indicated in the FRANCEBUS price list.

They will be invoiced according to the terms of Article 8.5 and will be payable according to the terms set out in Article 8.6 of these General Terms and Conditions. It should be noted that payment may also be made by pre-authorization from the bank card provided by the Customer when confirming their Order.

8.10 Reimbursement

When a refund is to be made to the Client, it is calculated according to the terms and conditions set out in the Contract, in particular in the event of cancellation or modification of the Service by FRANCEBUS.

Account creation fees, processing fees, and transaction and payment fees are excluded from reimbursement and remain the property of FRANCEBUS. They may be fixed or amount to up to 3% of the Price.

FRANCEBUS will reimburse the sums paid by the Client no later than fourteen (14) days following the termination of the Contract.

The refund will be issued using the same payment method used for the original payment. If, and only if, that method has expired, FRANCEBUS will contact the customer to arrange the refund via an alternative payment method, provided that the refund does not incur any additional costs for FRANCEBUS.

Article 9 – No right of withdrawal

Pursuant to Articles L.221-2 and L.221-18 of the Consumer Code, the consumer Client does not have the right of withdrawal for Services ordered from FRANCEBUS.

Since the professional Client is a professional purchasing within the framework and for the needs of their profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.

Consequently, the Service is exclusively subject to the modification or cancellation conditions set out in these Terms and Conditions.

Article 10 – Modification of the Service by the Client

Any request to modify the Service must be made by the Client by email and will be confirmed by return email by FRANCEBUS and, if applicable, invoiced.

10.1 Modification occurring at least 72 hours before the date of the service

Any request to modify the Service (e.g. date, time, location, number of people, route, etc.) must be made to FRANCEBUS Customer Service no later than 72 hours before the date of the Service.

It will be subject to confirmation of modification by email and may result in a change of Price (e.g. road costs, change of dates, times, duration, and/or distance travelled, change of Passenger group, parking fees and/or additional taxes). 

If FRANCEBUS is unable to carry out the requested modification, particularly due to unavailability of its services, FRANCEBUS will inform the Customer as soon as possible. The Customer will then have the option to cancel the service under the conditions set out in Article 10.2 of these Terms and Conditions.

10.2 Modification occurring less than 72 hours before the date of the Service or at course of the service

Modifications to the Service occurring less than 72 hours before the date of the Service or during its execution are not possible.

Therefore, the Customer cannot ask FRANCEBUS or the driver performing the Service to modify any of the Services comprising it, whether it be, for example, a change of route, schedule, number of Passengers etc. 

If the Client were to present such a request to FRANCEBUS or to the driver performing the Service, they are not obliged to accept it, particularly if it is likely to prevent the performance of the Service and the commitments initially made by the Parties under this Contract.

In any event, the modification of the Service may result in a modification of the Price (e.g. modification fees, price readjustment, etc.).

If the modification requested by the Client results in the interruption or shortening of the Service, it will not entail any refund of sums paid by the Client or discount on the Price.

Article 11 – Cancellation of the Service by the Client

The Client may cancel the Service at any time upon payment of the cancellation fees.

The request to cancel the Service must be made to the FRANCEBUS Customer Service and will be confirmed by email, the date of which will be used to calculate the cancellation fees.

When, on the date of the Service, the Client does not appear at the time and place agreed between the Parties, as mentioned in the Order confirmation, the Service will be deemed to have been cancelled by the Client on the date of the Service.

Any Service interrupted or shortened by the Client will be deemed to have been cancelled by the Client on the date of the Service.

Cancellation of the Service by the Client results in the cancellation of all the services that comprised it and the payment of the following cancellation fees: 

  • 100% (one hundred percent) of the Price if the cancellation occurs less than 72 hours before the date of the Service;
  • 50% (fifty percent) of the Price if the cancellation occurs between 4 and 6 days before the date of the Service;
  • 30% (thirty percent) of the Price if the cancellation occurs more than 7 days before the date of the Service;

Article 12 – Modification or cancellation of the service by FRANCEBUS

12.1 Modification of the Service by FRANCEBUS

When external events prevent FRANCEBUS from performing the agreed service, FRANCEBUS may modify the service:

  • Either in a minor way, by informing the Client beforehand;
  • Either by notifying the Client in advance to obtain their agreement. The Client will have the option to accept the modification or refuse it, in which case the Client will terminate the Contract to obtain a refund of any sums paid. Unless otherwise specified by the Service start date, the Client's decision must be communicated to FRANCEBUS within 7 days of receiving notification of the modification. If no response is received within this timeframe, the Client will be deemed to have accepted the modification.

In all cases, FRANCEBUS will inform the Client of the change made to the Service as soon as possible and by any means allowing the Client to obtain an acknowledgement of receipt (e.g. registered letter or email with acknowledgement of receipt).

12.2 Cancellation of the Service by FRANCEBUS

When FRANCEBUS cannot perform the Contract due to exceptional and unavoidable circumstances and/or due to the Client, FRANCEBUS may cancel it before the date of the Service and must then reimburse the Client for the sums paid without being liable for any additional compensation.

When the Contract cannot be performed for other reasons, FRANCEBUS may cancel it before the date of the Service and must then reimburse the Client for the sums paid and pay him compensation at least equal to the penalty that the Client would have incurred if he had cancelled the Service on the same date according to the terms set out in article 11 of the CGV.

Article 13 – Obligations of FRANCEBUS

FRANCEBUS undertakes to perform its Services under the conditions stipulated in this Contract.

FRANCEBUS is therefore bound by an obligation of means with regard to the performance of the Services covered by this Contract, as defined in the Quote.

In this context, FRANCEBUS commits to:  

  • To implement the services and resources necessary for the execution of the Services in a professional manner and in accordance with the rules of the art of one's profession.
  • Make every effort to preserve the confidentiality of all information and documents that it may hold as a result of the execution of this Contract; ;
  • We will make every effort to maintain the highest level of service quality. However, the customer is reminded that FRANCEBUS cannot guarantee a specific type of vehicle, color, or level of comfort.

This Contract excludes any notion of provision of personnel within the framework of temporary work regulations.

Any Service requested by the Client during the execution of the Service that does not fall within the scope of the Services included in the Service as defined in the Quote will be subject to a new Quote and will only be executed after validation of the latter.

Article 14 – Client Obligations

The Client agrees to pay FRANCEBUS the price fixed in consideration of the service under the conditions stipulated in this Contract.

He agrees to comply with the FRANCEBUS transport charter. 

The Client undertakes to provide FRANCEBUS, upon submitting its Request or failing that, as soon as it becomes aware of it, with any information that could affect its execution. If this information necessitates a modification of the Service, it will be initiated by the Client and thus subject to the provisions of Article [number missing in original text].

The Client agrees to provide complete banking information and keep it up to date in order to avoid any payment incidents. 

He guarantees to FRANCEBUS that he has the necessary authorizations to use the bank account chosen at the time of creating his Account and that this bank account provides access to sufficient funds to cover all costs resulting from this subscription. 

Validation of the quote constitutes a guarantee from the client on these points.

Article 15 – Contract Duration

The Contract comes into effect on the date of acceptance of the Quote by the Client, which mentions acceptance of these Terms and Conditions.

It is concluded for an indefinite period and ends following the execution of the Service. 

Subscribing, during the term of the contract, to an additional Service beyond those provided for in the initially subscribed Service does not modify the duration or the term of the Contract.

Article 16 – Insurance 

The Contract does not include any insurance covering cancellation costs for the Service, the Client's property, assistance/repatriation in case of accident, illness or death.

Article 17 – Non-Competition

The Client shall refrain, for a period of one (1) year after the expiry of the Contract, for whatever reason, throughout the French territory, from marketing products or services likely to compete with those offered by FRANCEBUS.

Article 18 – Liability

18.1 Provisions generales

The Client assumes responsibility for the choice of Services they decide to order. Consequently, FRANCEBUS cannot under any circumstances be held liable for the unsuitability of the Services to the Client's needs.

In accordance with the provisions of Article L 3142-3 of the Transport Code, FRANCEBUS remains responsible to the Client for the proper performance of the obligations arising from the Contract.

FRANCEBUS shall not be liable if FRANCEBUS demonstrates that the non-performance or poor performance of the Contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the Service booked by the Client, or to a case of force majeure.

FRANCEBUS shall not be liable for any damage suffered during the performance of services ordered directly by the Client from a third party to the Contract.

FRANCEBUS would also like to remind the Customer that the vehicles used to perform the Service are not subject to specific surveillance and recommends that the Customer not leave valuables in them.

18.2 For Business Customers

Furthermore, for Professional Clients, FRANCEBUS will only be liable for direct and foreseeable damages in the event of proven and justified fault on the part of FRANCEBUS by the Professional Client.

Consequently, and pursuant to Article 1231-4 of the Civil Code, FRANCEBUS shall not be liable for indirect and unforeseeable damages, such as loss of turnover, damage to image, business interruption, loss of revenue, data or customers, in connection with or arising from the non-performance or faulty performance of the Services.

The total cumulative liability of the Professional Client towards FRANCEBUS, and vice versa, resulting from a breach of contract, regardless of the method of action or the applicable theory of recovery, shall be limited, as damages, to an amount not exceeding the Price of the Services in which the damage originates.

This compensation limit does not apply in cases of fraud, intentional misconduct, gross negligence, and counterfeiting.

Article 19 – Intellectual Property

FRANCEBUS holds all intellectual property rights relating to its trademarks, distinctive signs, commercial documents or any document produced for the execution of its Services (studies, prototypes, sketches, drawings or models etc.), and the elements which compose them, including texts, photographs, images, icons, sounds, videos, software, databases or data.

Therefore, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which FRANCEBUS has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without the prior written authorization of FRANCEBUS, is strictly prohibited.

Non-substantial reproduction or representation of elements on which FRANCEBUS has intellectual property rights is authorized for strictly private and non-commercial purposes.

Authorised reproduction of elements on which FRANCEBUS has intellectual property rights must clearly indicate the source and the name of the author of the reproduced content.

FRANCEBUS reserves the right to pursue civil and criminal legal action, including for infringement, against any person who, directly or indirectly, has infringed its rights.

Article 20 – Personal Data

FRANCEBUS strives to protect the privacy of its Customers by complying with applicable laws and regulations, in particular Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms (hereinafter "the Data Protection Act").

FRANCEBUS makes every effort to ensure the security of the User's Personal Data by implementing technical, physical, electronic and administrative protection measures proportionate to the risks involved and in accordance with applicable regulations.

By engaging FRANCEBUS, the Client accepts the rules relating to the collection, processing and use of Personal Data as set out in the Privacy Policy relating to personal data processed by FRANCEBUS, available on the Site at the following address: https://francebus.com/charte-donnees-personnelles/ 

Article 21 – Force majeure

Any circumstances beyond the control of the Parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exemption from the Parties' obligations and shall result in their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence and their disappearance.

Events of force majeure are those usually recognized by case law, namely: events which are irresistible and unforeseeable, beyond the control of the parties, against which they could not reasonably protect themselves and whose consequences they could only have mitigated by incurring expenses out of proportion to the expected financial returns.

In this respect, the following are expressly considered as cases of force majeure or fortuitous events: accidents disrupting traffic, traffic jams of unusual magnitude, blockage of means of transport or supplies, earthquakes, fires or severe weather (e.g. storms, floods, lightning), the interruption and/or malfunction of telecommunications and/or computer networks preventing the availability of the Site, strikes or demonstrations, epidemics or pandemics.

The parties will consult to examine the impact of the event and agree on the conditions under which the Contract will continue to be performed. If the force majeure event lasts for more than three months, this Contract may be terminated by the affected party.

Article 22 – Partial invalidation

If one or more provisions of these General Terms and Conditions are declared invalid, pursuant to a law, regulation or as a result of a final decision of a competent court, they shall be deemed unwritten, without invalidating the entirety of these General Terms and Conditions by which FRANCEBUS and the Client shall remain bound to each other. 

If necessary, FRANCEBUS and the Client undertake to negotiate in good faith the arrangements necessary to replace the stipulations which may have been subject to cancellation or invalidation for any reason whatsoever.

Article 23 – Non-waiver

The failure of either party to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.

The failure of a party to enforce any provision of these Terms and Conditions, or to tolerate any breach thereof, whether temporarily or permanently, shall not be construed as a waiver by that party of its rights under these Terms and Conditions.

The fact that one party tolerates a non-performance or imperfect performance of any contractual obligation referred to in these General Terms and Conditions, or more generally tolerates any act, abstention or omission by the other party that is not in accordance with the contractual provisions, shall not confer any right whatsoever on the party that benefits from such tolerance.

Article 24 – Titles

The headings and subheadings appearing in these Terms and Conditions are included for convenience only. 

FRANCEBUS and the Client acknowledge that these headings and subheadings shall in no way be used to interpret any provision of these General Terms and Conditions. In the event of any conflict between any of the headings and any of the stipulations, the headings shall be deemed null and void.

Article 25 – Mediation for Consumer Clients

In the event of a dispute, the consumer Client should first contact FRANCEBUS Customer Service.

In the event of failure of the complaint request to Customer Service or in the absence of a response from this Service within two (2) months, the consumer Customer may submit the dispute relating to the Contract opposing him to FRANCEBUS to the CMAP Mediator who will attempt, in complete independence and impartiality, to bring the Parties together in order to reach an amicable solution. 

The consumer client may contact the aforementioned mediator at the following contact details: cmap@cmap.fr

To submit a mediation request, the consumer can use the complaint form available on the mediator's website: https://www.cmap.fr

For further information, the consumer is invited to visit the Ombudsman's website, accessible at the following address: https://www.cmap.fr

The Parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. 

Article 26 – Applicable Law, Choice of Domicile and Jurisdiction

The Client elects domicile at the postal address provided during their Request and FRANCEBUS at its headquarters.

This Contract is governed by and subject to French law.

Any dispute relating to the conclusion, interpretation, performance or termination of the Contract shall be subject to an attempt at amicable settlement. 

Any dispute arising between the Parties as a result of the conclusion, interpretation or performance of the Contract shall be submitted to the competent jurisdiction:

within the jurisdiction of FRANCEBUS's head office, when the dispute arises between a professional Client and FRANCEBUS

of the place of the defendant's domicile or that of the place where the Service is performed, when the dispute arises between a consumer Client and FRANCEBUS;
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