GENERAL TERMS AND CONDITIONS OF USE AND SALE* OF THE MOBILE APPLICATION "ECAB®"
General Terms and conditions pursuant to 11/12/2013
* Using the mobile application, eCab ®, and linking service General Terms and conditions pursuant to 11/12/2013
The company eCab, hereinafter " ECAB ", a simplified joint stock company with a capital of € 100,000 with headquarters at 22-28 rue Henri Barbusse, 92110 Clichy, registered under number 533 862 819 RCS Nanterre - EU VAT No. FR3253386281900018, has concluded – directly or through its subsidiaries – partnership agreements with privileged groups of taxis, hereinafter referred to as "Partners" so as to constitute a national and international network.
Moreover, the company, ECAB, has developed, under the brand, eCab®, an eCab mobile application, hereinafter designated as, “Application", as well as a website at the address, https://www.e-cab.com.
The Application runs on the iOS and Android operating systems and can be downloaded for free on smartphones and tablets. This allows the user of the Application, hereinafter designated the "User" to be linked to Partners in order to book private transportation services of persons, and hereinafter designated as "Ride".
The Ride is conducted by a driver affiliated to a Partner, hereinafter designated as "Driver". The reservation of a Ride by the User via the Application is referred to as an "Order".
The service provided by ECAB for the User under these general terms and conditions is hereinafter referred to as, "Service" and consist of putting in relation the User and the Partner via the Application.
ARTICLE 1 - PURPOSE OF CONTRACT
1.1 The Service :
ECAB shall, by this contract, put the User wishing to undertake a journey, in contact with the Partners.
ECAB shall provide the User with a computer application controlling vehicles (the Application).
The Trip, created from the Order, is made by the Partners, who perform the transport service requested by the User on their own account and on their own responsibility.
The service provided by ECAB consists of a linking service via the Application and ECAB does not have the quality of carrier or transportation intermediary.
The use of the Application shall allow the User to make a request for a Trip, immediately or by advance booking, regardless of the pick-up address in the cities within the Partners' network and according to the level of Service that has been selected.
The Order requires the prior creation of a User Account (eCab account) following free installation of the Application by the User.
1.2 Levels of Service offered (Packages)Different levels of Services shall be deployed within the Application:
- "eCab VIP" Package: Access to the VIP fleet of Partners - immediate or advance booking Order -payment via the Application
- "eCab+" Package: Immediate or advance booking Order- payment via the Application
- "eCab" Package: Immediate Order - payment on board
The availability of different levels of Service and their coverage areas depend on the Partners (information can be consulted in the Application).
ARTICLE 2 - BENEFICIARIES OF ACQUIRED RIGHTS
2.1 Authorized person: The User
- The use of the Application is strictly personal. The use by any person other than the User as specified at the time of opening the account shall be carried out under the responsibility of the User.
- The benefits of this Agreement shall under no circumstance be marketed, sold or distributed, even free of charge, by the User to any third party whatsoever.
- The Application services shall have access to the User's information, such as the name and contact details which are filled in and collected at the time of opening the eCab account in the Application.
- Any update of personal details must be performed by the User directly within the Application.
2.2 Other users
The User may occasionally allow any person of his choice to benefit from the eCab services. In this situation, the User must specify the name of the recipient at the time of them receiving the Service.
ARTICLE 3 - ACCESS TO SERVICE - TERMS FOR CREATION OF eCab ACCOUNT - ACCEPTANCE OF GENERAL TERMS AND RATES
3.1. Access to Service
Access to the Service is open 24/7 via the Application. The procedures for access to the Service may be modified by ECAB, who will inform the User as soon as possible by e-mail or by any other means related to the Application (including push messaging) as well as through a publication on the website, https://www.e-cab.com/.
3.2. Creation of eCab account
When creating an account, the User shall communicate their phone number and mailing address and shall indicate an email address and choose a confidential password.
These login details are confidential and shall not be disclosed by the User to third parties. The User is the only one who can ensure their privacy and will, at all times, be solely responsible for the use of their details.
Login details may be modified by the User. ECAB may, for technical and / or security reasons, unilaterally and without notice, change the password and login details of the User and in this case, notify the User as soon as possible.
The User shall freely choose, at the time of the creation of the initial account, then at any time via the Application menu, arrangements for connection, disconnection and security of their account, as well as the payment process via his credit card.
The terms of payment are set out in Articles 6-1 and 10-2 of these general terms and conditions.
Concerning the connection to their account, the User is free to choose:
- To keep the Application session active (Automatic login after opening the Application),
- Or automatic disconnection of the Application after each session (new input of password for each use)
Concerning ways to pay by credit card for the Trip and Service Charges relating thereto, the User chooses freely and at his own responsibility:
- Direct payment via the given credit card
- Or a payment via the given credit card with a security code control (encryption) of the said credit card for each transaction
The User guarantees the authenticity and accuracy of the information that is communicated to ECAB via the Application.
The User is required to identify themselves to access the Application by using the login and password according to one of the two freely- chosen methods and then any orders made from their eCab account is deemed to be made by them. Subsequently, the price for this order shall be debited from their bank account.
3.3. Acceptance of general terms and rates
The User, having read these terms and conditions, must then accept them by validating their acceptance within the Application: "Menu: general terms and conditions: I accept the general Terms and Conditions" (Opt in).
The terms and conditions are available in the Application and on the website at www.e-cab.com
The User is then informed of the rates referred to in Article 5.1 of the general conditions and validates their acceptance within Application: Menu: "Rates" (Opt in).
The User's account in the Application is validated and created and the User can then order a Ride via the Application.
When the User places an Order for a Ride, this implies acceptance of the Partner's terms and conditions.
The User therefore acknowledges being aware of these terms and conditions during the creation of their eCab account and to having accepted them without restriction or reserve, prior to any Order.
ARTICLE 4 - BENEFITS OF ECAB
The User can, via the Application, make Orders with Partners.
ECAB merely acts as an intermediary and connects the User with Partners.
These Partners provide, under their own responsibility and following their own rates and general conditions (taxi rates fixed by area, by local administrative regulations or by the Partner), the service as requested by the User.
The exhaustive updated list of the Partners and the address of their website (refer to the General conditions and tariff of the Partners) are available in the Application and on the website, www.e-cab.com.
To accurately determine the pick-up location, the User must accept the geo-localisation settings in the Application.
4.1. Information provided by ECAB to the User prior to every Order
The User shall mention the pick-up location and the desired destination within the Application.
The estimated time of arrival of the vehicle is then mentioned in the Application. The User can also access the estimated cost of the Ride as well as its estimated duration. The cost and duration are estimates and shall not, under any circumstances, engage the responsibility of ECAB, nor the Partner.
In light of this information, the User may, if desired, perform an Order for a Ride.
4.2. Acceptance of General Terms and conditions
The Order requires the prior acceptance by the User of these general terms and conditions.
The User shall state in the Application the characteristics of the desired Ride: Immediate or Advance Booking Ride, place, date and time of pick-up, destination, chosen package and, where appropriate, vehicle or specific services desired. The Order is then validated (place, date and time of pick-up) in the Application and an acknowledgement of receipt confirming the Order is received electronically and punctually.
It is the responsibility of the User to ensure that the information provided by ECAB upon confirmation of the Order is consistent with the information that the User would have previously entered for the desired Ride. In case of any error in the information provided, ECAB shall not be held responsible.
This acknowledgement of receipt is carried out directly within the Application: from the moment the Order is validated by the User, the number (' order number »), time, place of Order and pick-up location are published and,
in the case of an immediate Ride, the estimated time of arrival of the vehicle which is regularly updated is also published.
The stated time is an estimate and shall not in any way engage the responsibility neither of ECAB nor of the Partner.
In certain situations, especially difficult due to external factors, such as strikes, other events, weather conditions or traffic etc. ECAB and the Partner reserve the possibility of exceptionally limiting the number of Orders at certain periods.
The User is informed that the Driver may refuse to pick the User up in the car due to the personal state of the User (drunkenness, danger to the security of driver or vehicle, etc. ...).
4.4 Immediate Ride
After stating the immediate nature of the Order, the User must specify the specific details of the Ride. ECAB shall then query the Partner in order to know the number of vehicles available in the requested area and in the surrounding areas.
ECAB shall announce, on behalf of the Partner, an estimated arrival time of the vehicle depending on the vehicle availability period.
4.5 Ride by advance booking
A request in advance consists of a reservation by ECAB of a vehicle request made by the User within a maximum of fifteen days up to thirty minutes before the time of travel. This is not a reservation of any vehicle in particular, but rather the registering of a vehicle search request that is programmed by the Partner to be carried out at a variable time, depending on traffic conditions.
4.6 Specific vehicles or services:
A. Access to “eCab VIP”
ECAB has established a network of Partners providing a service known as, “VIP".
The vehicles are high-end, air-conditioned vehicles and Drivers are selected by the Partner to provide superior service. Depending on the Partner, the notion of "VIP" may differ.
However, the Partner undertakes to make available to the User a premium vehicle according to its own terminology and services of superior quality when on-board.
Commands are transmitted to the "VIP" vehicles. However, in the case where no " VIP " vehicles is available for the required time, the Partner reserves the right to send one selected from the general fleet, as the Order for a VIP vehicle is only an obligation of means, particularly with regard to special circumstances such as hours of high traffic, strikes, etc. ... In the event of a vehicle being selected from the general fleet, " VIP Service " rates will nevertheless be charged to the User.
B. Access to specific vehicles or services
The User has the option to request specific vehicles or services based on vehicles or services offered by the Partner (see detailed information in the Application). In this case, an additional organisational period for proposal and a higher cost for counter proposal are to be expected. In case of unavailability, the Partner reserves the right to send another type of vehicle.
4.7. Waiting time and no pick-up
The User should be at the pick-up location, at the time of the Order when an Immediate Order is requested and for advance bookings, should be at the pick-up location at the time stated in the Order. The Driver will not wait if the User is not at the pick-up location at the agreed time.
Exceptionally, some Partners have established maximum waiting times for the User at the pick-up location (see information in the Application).
Beyond this waiting period, the Driver registers the “non-pick up " and stops the Ride, charging the amount shown on the meter. In the case of nonappearance of the User within the prescribed period, the rate of the Ride and the Service fee will be charged.
4.8. Cancellation or modification of the Order
The cancellation or modification of the Order shall be carried out by the User before the reserved vehicle will have set out on the route to honour the Order, whether this may be an immediate or advance booking Ride.
"Setting out on the route" is when a vehicle has been identified to meet the User's Order and starts heading to the pick-up location. When the Driver sets out on his route, this appears in the Application, through a change in status of the Ride, which will read, "status vehicle approaching” and the vehicle is identified by the Order number previously disclosed to the User. It is thus referenced in the Application as an “approaching vehicle ".
The cancellation or modification of the Order carried out before “the setting out of the vehicle on the route " is free of charge.
If the cancellation or change is made after “the setting out of the vehicle on the route ", the Driver will be immediately informed of the cancellation of the Ride in progress. In this case, the amount shown on the meter as well as service fees will be charged to the User.
ARTICLE 5 - FINANCIAL CONDITIONS OF SERVICE
5.1 The installation and use of the Application is free.
5.2 ECAB Service charges are payable when the Ride has been achieved, except for the "eCab" package, which does not give rise to any Service Charge.
In accordance with sections 4.7 and 4.8, Service charges are also payable if the Order was not cancelled in time or in case of no-pick up of the User.
The User pays ECAB a total sum corresponding to the increased VAT rate of the Service Charges for the Ride.
a) The rates for the completed Rides are those resulting from the rules applicable to the taxi business in the geographical area of the Partner.
b) Service fees for services performed by ECAB vary depending on the chosen Service package.
The amount of these fees is made up of a package rate for each of the Orders carried out and of a percentage that is applied to the price of the Ride according to the rate in force, available under "Rates" on the Application.
5.3 The User is aware of the rates of Service and expressly accepted them in the Application (menu : " Rates " : Validation at the time of creation of the eCab account or at the moment a Ride Order is being placed if the rates have changed since the account was created) before the Order can be finalised.
ARTICLE 6 - INVOICING
At the end of the Ride and according to local applicable regulations in the geographical area (country and / or city) of the place of the Ride, the Driver shall provide the User, on request, with an invoicing statement of the cost of the Ride, when exiting the vehicle. This statement is sent to the Partner who transmits the said statement to ECAB.
At the end of each Ride, ECAB shall send to the User, in electronic format (e-mail with attached PDF file), an invoice, summarising:
- the cost, inclusive of VAT, of the Ride, plus the possible tip provided by the User,
- the cost, inclusive of VAT, of the Service fees as defined in Article 5.2.b) of these conditions. This invoice is issued by ECAB on behalf of the Partner under the mandate given him by the latter. The User has the option to request ECAB for a duplicate of the invoice by email in the "History" tab within the Application.
6.1 Terms of Payment
The payment for the Ride and Service charges of ECAB takes place immediately after the completion of the Ride, as detailed in Article 10.2, by a levy on the credit card registered in the User's account by the User, except for the "eCab” package.
6.2 Challenging the invoices
All invoice that does not fall subject to any written objection by the User within 30 days from the date of sending is deemed to be accepted by the latter.
6.3 Failure to pay
Any unpaid sum by total or partial rejection of the User's credit card allows for, without prior notice, immediate suspension of the User account by a simple and unilateral decision by ECAB.
The suspension of the Account will be lifted on the payment of due amounts. In case of non-payment, ECAB may also reserve the right to terminate this contract under the conditions set out in Article 8 below.
In addition, any amount that remains unpaid will be subject to late interest charges at an increased rate of three times the legal rate of interest counting from the first day of delay beyond the due date.
In addition, a lump sum of € 40 for collection charges will apply if the User is a professional. When the recovery costs incurred by ECAB are superior to the amount of the lump sum, ECAB reserves the right to seek additional compensation on proof of expenses incurred.
ARTICLE 7 - OBLIGATIONS OF THE USER AND OF ECAB
7.1 User's Obligations
The User signing this contract is legally and financially responsible for all requests for Rides performed using confidential access to their account codes.
ECAB has established, through an obligation of means, a set of measures to ensure the best security for Orders placed by the User.
It is up to the User to ensure that no fraud was, is, or can be made from their login and in case of doubt, shall immediately proceed with the help of the Application to change the login details.
7.2 ECAB's Obligations
ECAB's responsibility is limited to the search for a Partner at the address indicated by the User. ECAB is thus held to an obligation of means and shall implement its best efforts to meet the demand of the User as soon as possible.
The execution of the transport service is the sole responsibility of the Partner. ECAB cannot be held responsible in case of unavailability of the vehicle. In case of delay, non-performance or improper performance of the Ride by the Driver, ECAB's responsibility cannot be engaged.
Similarly, ECAB will not be held responsible for non-execution of the service in cases of force majeure, in particular in cases where such non-performance is linked to an impediment beyond its control and preventing the execution of the contract in normal and expected conditions, especially in case of computer and / or telecommunications networks (Internet, mobile phones, ..) failure or malfunction, strike, demonstration, weather, serious traffic accident disrupting the regular flow of traffic to unusually large degrees.
ARTICLE 8 - TERMINATION OF SERVICE
The User may, at any time, terminate their eCab account and delete the Application from their smartphone and / or tablet by a simple request in the Application using the " contact ECAB " form (termination mail shall be sent to ECAB via the Application).
ECAB may terminate the User's registration without notice in case of noncompliance by the User of obligations under these terms and conditions including; in the event of failure to comply with articles 2 and 3 above; in the event of insufficient bank account funds, in the case of non-payment by the User of amounts due to ECAB for Rides already completed, in the case of inappropriate behaviour by the User and finally in the case of two successive cancellations of an Order.
The contract also expires in the event of failure of the Service or of the Application or if the User does not accept a new version of the General Terms and Conditions and / or a new rate in case of changes thereof in accordance with Sections 5.3 (financial terms) and 11 (changing general terms and conditions).
ARTICLE 9 - PRIVACY AND DATA PROTECTION ACT
The information gathered by ECAB for the Service is subject to data processing intended for the implementation of the Service.
This information is required in order for ECAB to process requests for Rides and is recorded in its files. Security measures preserving confidentiality are implemented by ECAB.
The User is informed and accepts that ECAB and the Partner reserve the right to retain, for evidence purposes, all information relating to requests received, the identification data of the User and completed Rides (including phone number, name and address, email address, details of the completed Ride) and ECAB may use personal data to contact the User by email concerning commercial offers related to the service that may be of interest.
ECab newsletters that will be sent to the User will include an unsubscribe link should the User wish to withdraw from the list.
In accordance with the “Data Protection" law, the User has the right to access, modify, rectify and delete personal data.
When contacting for any request, the User shall mention their name and eCab account number and enclose a copy of their ID:
- via the Application: “contact ECAB form"
- by e-mail: firstname.lastname@example.org
- by post: Société eCab - 22 rue Henri Barbusse - 92110 Clichy
- by telephone: + 33 1 41 27 66 81
The treatment and duration of retention of personal data is subject to a prior declaration to the CNIL.
ARTICLE 10 - SPECIFIC PROVISIONS FOR THE LINKING BY THE SMARTPHONE APPLICATION
The User agrees having been advised that ECAB may be required to implement "cookies" to identify the User for the duration of the session on the website. This memory-resident cookie remains active as long as the User has not left the session. The User can object to the use of this cookie without limiting their ability to access the site by configuring their browser appropriately.
10.2 Payment by credit card
The transaction is debited after completion of the Ride, on the User's credit card after the verification thereof, on receipt of the debit authorization for debit from the issuer of the credit card used by the User.
The User is informed that prior authorization flow has been performed at the time of the Order of the Ride with the company issuing the credit card. The amount of the debit authorization depends on the selected level of service and on the Partner. This amount will be € 100 maximum.
Payment services offered online in the Application are made by electronic payment via a secure payment interface (system developed and maintained by an online payments services provider).
The transaction is carried out by the User according to banking security standards: thanks to the encryption system, bank details (credit card number and expiration date) provided by the User cannot be intercepted by third parties.
By providing their bank details, the User agrees in advance and unconditionally that ECAB may proceed with the secure transaction. The User authorizes the bank in advance to debit his account in view of the records or statements transmitted by ECAB, including in the absence of bills signed manually by the User.
Pursuant to Article L. 133-8 of the Monetary and Financial Code, the commitment to pay using a credit card is irrevocable. By providing information related to the credit card, the User authorizes ECAB to debit their credit card for the amount corresponding to the price inclusive of VAT. To this end, the User confirms that they own the credit card that is to be debited and provides the sixteen digits and expiration date as well as, if applicable, the three digits on the back of the card..
10.3 Service Availability
ECAB strives to make the online order service operational in an almost permanent round the clock manner, 24/7 and 365 days a year. It however allows for the possibility to suspend operations, with or without notice, for reasons inherent to operating constraints.
The availability of this service is also conditioned by use by the User, by sufficient computing resources or by a Smartphone and /or tablet- compatible hardware and software (the User may obtain, on request to ECAB the recommended configurations).
10.4 Intellectual Property
ECAB holds the rights of exploitation on the eCab brand and owns all the elements of the Applications (graphics, pictures, logos, databases, programs, tools). All other elements not belonging to ECAB continue to remain the property of its Partners (including logos provided by Partners and published on the site and in the Application.) Any total or partial reproduction, modification or use of brands, illustrations, images, logos and elements for any reason and on any medium whatsoever, without ECAB's express prior consent is strictly prohibited.
10.5 No right of withdrawal
Pursuant to the provisions of Article L. 121-20-2 of the Consumer Code, there is no right of withdrawal.
ARTICLE 11 - CHANGES TO THE GENERAL CONDITIONS
ECAB reserves the right to modify at any time these terms and conditions by posting a new version on the website www.e-cab.com and in the Application.
In case of modification to the General Conditions, the User will be notified immediately as soon as they connect to the Application.
The User shall, when wishing to make a new Order, be aware of and accept the new terms and conditions thereof by clicking on the acceptance box that will appear for this purpose in the Application : menu : " general terms and conditions " (Opt in).
The general conditions are those in effect at the date of use of the Service.
ARTICLE 12 - ELECTION OF RESIDENCE, APPLICABLE LAW AND JURISDICTION
For the implementation of these terms and conditions and their consequences, the User elects domicile at the address indicated in his eCab account and ECAB elects domicile at its headquarters.
In case one of the parties changes address, it shall notify the other party by registered letter with acknowledgment of receipt or by other electronic means allowing for the storing of the notification letter and this shall be done in the month following the change of address. Otherwise, the change will not be enforceable against the co-signing party.
Only French law is applicable to these general terms and conditions.
Failing an amicable agreement between the parties relating to the validity, interpretation, performance or breach of these general terms and conditions, the dispute shall, if the User has the quality of a merchant, fall under the exclusive jurisdiction of the Nanterre Commercial Court, notwithstanding the plurality of defendants, collateral appeals or appeals for an interim ruling.
Otherwise, the parties will go before the relevant competent courts.
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