Terms of service

Introduction

The General Terms and Conditions shall govern the legal relations between the Company and the Client in connection with the use of the Application and sale of the Service (as such terms are defined below). The General Terms and Conditions shall take precedence over any standard terms and conditions previously agreed. The Client shall be deemed to have agreed to the General Terms and Conditions by his submission of a Booking request on the Application.

The Company reserves the right to update the present General Terms and Conditions at any time and without prior notice. The Client is responsible for regularly reviewing the General Terms and Conditions on the Application and/or on the Website of the Company at the following address: https://app.snapcar.com/en/tos

Definitions

For all intents and purposes of the General Terms and Conditions, the following definitions will apply:

Application means the SnapCar application available exclusively on certain smartphones.

Booking means the binding booking of a Service by the Client via the Application.

Car means the car which will be used during the performance of the Service.

Client means any person who has installed or uses the Application and/or has ordered the Service, for himself and/or for a third party, and who shall benefit from the rights and obligations provided under the General Terms and Conditions.

Company means SnapCar a SAS (Société par Actions Simplifiée) with a share capital of EUR 40 798.20 Euros whose registered office is located at La Boursidière, BP 159, 92357 Le-Plessis-Robinson Cedex, registered with the Nanterre Commercial and Companies Registry under number 749 816 328.

Driver means the driver who will execute the Service and who has all necessary authorizations required by French law to drive the Car.

Estimated Price with respect to the Service means the price notified to the Client for information purposes only, when Booking the Service and during the execution of the Service.

Final Price with respect to the Service means the price which will be effectively charged to the Client for the Service.

General Terms and Conditions means the present general terms and conditions of use of the Application and sale of the Service.

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

Service means the transport of the Client by the Company via the use of the Driver and the Car under the General Terms and Conditions. The performance of the Service is subject to the applicable regulation of the French Ministry of Tourism, the Company being duly registered in Atout France under the registration number EVTC092120072

Website means the website of the Company which address is http://www.snapcar.com, available in French and English.

Use of the Application

The Client shall be legally entitled to use the Application and/or the Website, to have access to the Service and shall, at all time, abide by laws applicable to him.

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

The General Terms and Conditions apply to a Client who makes use of the Application. The General Terms and Conditions are available on the Application and/or on the Website at the following address: https://www.snapcar.com/terms.

By using the Application the Client will be able, among other functions, to:

- view the personal account of the Client;
- make a Booking for the Service;
- have access to the Estimated Price and then to the Final Price of the Service.
- rate the Client's driver at the end of a booking
- review the Client's historical bookings, profile and account information
- share the Client's bookings and/or the Application with others using social media
- ...

By using the Application, the Client is informed that his personal information can be accessed and viewed. It is therefore imperative that the Client ensures that he maintains confidential his Application login details at all times.

The Company is not responsible for compatibility between the Application and the smartphone of the Client. The Client expressly accepts that the download and use the Application are at his own risk. The Company shall not be liable for any incompatibly and any consequence or technical issue arising thereof.

The Client needs to enter the correct access information or take any other steps acceptable to the Company, for the Company to verify the identity of the Client. All electronic communications that are sent to the Company via the Application after the Client has met the verification requirements during login will be treated as valid and authentic. The electronic communications will have the same effect as written and signed paper communications from the Client. The Company can refuse to act on any instructions sent by the Client or can cancel the access of the Client (temporarily or permanently) if the Client does not meet the verification requirements. This includes the entering of incorrect access codes or login details.

The Company will act on and accept all transactions made after the login details of the Client have been validly entered. In order to make a Booking on the Application, the Client shall also enter valid credit card references and agree to pay the Final Price of the Service to the Company.

The use of the Application itself is free but, for the avoidance of doubt, if the Client makes a Booking, the use of the Service will be payable.

If the Client loses the smartphone on which the Application is installed or if it is stolen, the Client shall immediately contact the Company at the e-mail address supportclientparis@snapcar.com. The Company shall not be liable for the consequences of such loss or theft.

Service

Territory

The Service is only available in the territories listed in the Application and/or the Website. The Company will not perform the Service outside of this territory. The Company reserves the right to modify at any time the size of the territory within which the Service is available. The Company can suspend or stop the Service at any time without prior notice in all or part of the territory.

Booking

The Service is only available via the Application and is subject to a prior Booking. The Client will have to book the Service for a specific time and location. The Client benefits from a fixed price for the booking when filling the arrival address information within the Application. This fixed price will be displayed before confirmation of the booking.

Prior to Booking, the Client shall have read carefully the General Terms and Conditions. The Client expressly accepts that the Booking of the Service constitutes the acceptance by him of the rate sheet of the Company and of the General Terms and Conditions. Before confirming his/her Booking, the Client will have the opportunity to check if there is no mistake in data entry. The Client will then have the possibility, if necessary, to modify such data and to validate the Booking.

If the Company can perform the Service at the conditions requested by the Client, the Company will confirm the Booking. If the Service cannot be provided at the conditions specified in the Booking, the Company will inform the Client thereof. The Company shall not be liable if a Booking cannot be accepted, whatever the reason.

The Company does not guarantee that the Service will be available at the time and date chosen by the Client. In this case, the request of Booking from the Client will be rejected without the Company being held responsible.

Cancellation fees

After the confirmation of the Booking, cancellation fees will be applicable if the Client decides to cancel the Service more than three minutes of Booking confirmation.. If the reservation is done in advance, you can cancel one hour before your reservation (three hours in area three)The amount of the cancellation fees is available on the Application and/or on the Website of the Company.

Use of a valid credit card

The use of a valid credit card is necessary for Booking. The transfer of banking data is secured. The credit card details communicated by the Client during the Booking must be valid from the date of Booking until the date of performance of the Service. By specifying his credit card details, the Client expressly accepts that the Company will debit the relevant account of the Final Price after completion of the Service, without any further approval from the Client being required in this respect. If the Client's credit card is not valid or no longer valid, the account of the Client will be blocked.

Scheduled pick-up time and location

If the Client is not present, does not show or cannot be found by the Driver despite his reasonable efforts at the original scheduled pick-up time and location, the Service will be deemed to have been cancelled by the Client and cancellation fees will be applicable as provided here above. The Driver has no obligation to wait for the Client after the time designated in the Booking nor to drive to a pick-up point which is not the location mentioned in the Booking. No grace period will be granted. If the Driver waits or drives to this new location (which he has no obligation to do), the Client will be charged as from the date and location specified in the Booking. If the Client cannot locate the Driver or needs assistance, it is the Client's responsibility to liaise with the Company to ensure appropriate communication.

Route

The Driver will choose the route he considers the most appropriate. Unless otherwise instructed by the Client at the beginning of the Service, the Client shall be deemed to have accepted such route. If the Client has a preferred route, he shall inform the Driver thereof at the beginning of the Service and the Driver will follow such route if practicable.

The Company and the Driver reserve the right to refuse stops along the way during the Service.

Baggage - passengers

The total weight of baggage is limited to the reasonably available space in the Car. Baggage remains the passenger's responsibility. The Company shall not be held liable for any loss of baggage during or after the Service. Client's properties are carried entirely at their own risk and the Company shall not be held responsible or liable for any loss or damage to such property.

The maximum number of passengers in the Car (including the Driver) shall not exceed the maximum number of passengers mentioned in the technical specifications of the Car. The Driver and/or the Company reserve the right to refuse any passenger exceeding such limitation.

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

Others

The Company maintains a strict non-smoking policy in all its Cars. Drinking alcohol is not allowed in the Car. The Driver and/or the Company have the right to refuse to carry any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat either to the Driver, the Car or any other passenger(s).

At any time during the Service, the Client can decide to modify the destination or to interrupt the Service. In these cases, the Client will be charged for the time and distance effectively spent and travelled which shall not be less than the fixed price that was indicated prior the booking.

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

After the performance of a Service, the Client will have access to the information relating to his previous Bookings and Services on his personal account on the Application. The archiving of the Booking and information relating to the Service is done on reliable and long lasting supports in order to provide a true and long-lasting copy. The Company stores this information at its own discretion, however, and is under no obligation to permanently store or make available such information at any time.

The photography and pictures available of the Application and/or the Website are non-binding. The Company shall not be liable if the Car and/or the Driver do not correspond to such photography and pictures.

Intellectual Property

The Application, including but not limited to photography, graphics, Client interface, editorial content, and the scripts and software, contain proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws. The Client hereby expressly acknowledges that he shall not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with the General Terms and Conditions. No portion of the Application may be reproduced in any form or by any means, except as expressly permitted in the General Terms and Conditions. The Client shall not amend, modify, sell, distribute, or create derivative works based on the Application in any manner, and shall not exploit the Application in any unauthorized way whatsoever.

All rights in and to the Application and related software are owned by the Company and/or its licensors, who reserve all their rights in law and equity.

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

The Client is not granted any right or license with respect to any of the trademarks, service marks, graphics, Company name and logos used in the Application.

The Client shall not establish any connection, including via a hyperlink, "mirror", whether electronically or otherwise to any part of the Website or the Application without the prior written consent of the Company.

Termination of the license to the Application

- The Company can terminate the license to the Application and the right for the Client to use the Application at its sole discretion and for any reason, without prior notice and in particular if any one or more of the following happens:
- if the Client commits or is suspected to have committed fraud;
- if the Client has failed or if the Company suspects that he has failed to comply with the General Terms and Conditions;
- if the law requires the Company to do so.

In such cases, the Client shall immediately uninstall the Application from his/her smartphone.

Price and payment

All prices indicated on the rate sheet are in euro and include the VAT at the rate set by the regulations in force. Prices do not include urban charging schemes, highway tolls, parking meters fees and entry rights to private or public properties but include in particular the Car, Driver and fuel necessary to the performance of the Service.

A rate sheet is available on the Website of the Company and/or on the Application. The rate sheet is subject to changes by the Company at any time without prior notice. Changes will apply to all Services booked after the update of the rate sheet.

The Company can decide on a Minimum Price to be charged for the Service, regardless of the distance and the duration of the Service, and may change that Minimum Price at any time.

The Company can decide to adapt its price to various criteria and to charge additional fees in certain circumstances such as the period of the day, holiday and bank holiday, the city of use of the Service etc.

The Service will be charged as from the time and location mentioned in the Booking.

The Client will be displayed a fixed price when filling the destination address within the Application. The Final Price will be computed at the end of the actual ride and may include if relevant an additional fee for waiting time if the Client did not show up at the planned time for the Booking. The Final Price will also includes additional components if the Client does no go directly to or change the destination point, asks for stops or additional passengers pick ups on the way.

Payment can only be made by credit card, the reference of which will be provided at the time of the Booking of the Service. All of our services are payable upon completion. The debit will only occur upon completion of the Service. The Client will be notified of an Estimated Price of the Service at the time of Booking. At any time during the Service, the Estimated Price will be updated by the Company depending on the time and distance. The Company is not bound by these estimations. The Final Price charged to the Client will be calculated when the performance of the Service is completed. The Final Price will be debited from the account specified by the Client in the Booking. The client is informed that the debit may occur immediately after the performance of the Service.

After the Booking is completed, the Client will have access to the amount of the Final Price via the Application. If the Client so desires, he may also have access to an Estimated Price of a Booking before making the Booking. The final cost of an Estimated Booking will vary based on actual distance traveled and time in the Car, and may or may not match the Estimated Booking amount. The Company provides Estimated Booking figures for reference only and is under no obligation whatsoever to charge this fee for an actual Booking.

If the Company cannot debit the Client's account for any reason, late payment penalties will be due by the Client without prior notice, at the rate stipulated by applicable laws. In addition, the Client will have to pay the amount of the Final Price which has not been paid.

Liability

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

However, the Company does not guarantee that the use of the Application will be uninterrupted or error-free. The Company will not be liable for any kind of loss or damage the Client may suffer, including direct, indirect, special, incidental or consequential damages, because of the use of, or inability to use, the Application. The use of the Application is at the sole risk of the Client. In particular, the Company will not be liable for the following:
- any loss or damage, which the Client or any other party may suffer due to unauthorized use of the Application;
- any loss or damage due to the failure by the Client to safeguard the personal reference of his account, the login details and/or follow the steps recommended by the Company from time to time;
- late or delayed transactions and transmission of the information related to a Booking;
- any errors or delays in communication systems outside of its control;
- any issue, error, delay, mistake or loss arising from technical reasons inherent to the use of the Internet and electronic communications or to any other reason whatsoever;
- the failure for the Application to meet the requirements or expectations of the Client.

The Application is provided to the Client on an "as is" basis.

Whilst the Company will do its utmost to ensure the punctuality of its Drivers, the Company shall not be liable for delays caused by circumstances out of its control (in particular congestion, accidents, work on the road etc.). If the Car and the Driver are not available at the date and time mentioned in the Booking, the Client will not be charged for the period between the projected time of availability of the Service and the effective time thereof.

The Company shall not be liable if, during the execution of the Service, for any reason, the Company cannot fully perform the Service ordered by the Client. In this case, the Client will not be charged, even, for the avoidance of doubt, for the part of the Services which will have been performed.

All claims or other communications required or permitted hereunder shall be in writing and shall be filed at the address specified below and/or on the Application and/or on the Website of the Company within 10 (ten) business days from the facts on which the claim is based. The submission of a claim directly to the CompanyÕs address and/or on the Application and/or on the Website of the Company in due time does not mean that the Company agrees with or approves the content of such claim nor that it will give a favorable answer thereto. This Company reserves its rights to reply to a claim or not.

The Client expressly acknowledges that the liability of the Company shall be limited to the amount of the Final Price or, if such Final Price is not determined, to the Fixed Price given prior Booking, or if none of these elements are available to 25 Euros.

The Client will be responsible for any damage caused by him, or by the persons with him in the Car (except the Driver) during the Service, to the interior of the Car and will be billed accordingly for any repair or valeting required in order to reinstate the Car to clean and working order.

Severability

Wherever possible, each provision of the General Terms and Conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained in the General Terms and Conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision shall be ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such provision or provisions or any other provisions hereof, unless such a construction would be unreasonable.

Waiver

The failure or delay of the Company to assert or enforce at any time any provision of, or any of its rights under, the General Terms and Conditions shall not be construed to be a waiver of such provision, nor in any way to affect the validity of the General Terms and Conditions. No waiver of any breach of the General Terms and Conditions shall be held to constitute a waiver of any other or subsequent breach.

Notification

All notices or other communications required or permitted hereunder shall be in writing and shall be deemed delivered (a) if transmitted by e-mail, 12 hours after sending, (b) if sent by mail, registered or certified mail, 48 hours after mailing or (c) if sent by reputable overnight courier when received and not later than 48 hours after sending.
The e-mail address of the Company is supportclientparis@snapcar.com and the postal address is :
Centre d'affaires La Boursidière, BP159
92357 Le Plessis Robinson, France

For its communications to the Client, the Company will use the e-mail address mentioned by the Client for the Booking.

Language, applicable law and jurisdiction

Should any discrepancy or conflict occur between the English and French version of the General Terms, the French language version shall prevail.

The General Terms and Conditions and any contract related thereto shall be governed by and construed in accordance with French law.

The Client and the Company shall attempt in good faith to resolve any dispute arising out of or relating to the General Terms and Conditions. Any dispute arising out of or relating to the General Terms and Conditions that has not been resolved within thirty (30) business days of the initial claim made by the Client and/or the Company shall be submitted, subject to applicable laws, preferably to the jurisdiction of the commercial court (Tribunal de Commerce) of Nanterre.

Data Privacy

Clients have the right at any time to access, modify, correct and delete their personal data; this right may be exercised directly via the Application or by writing to the address mentioned above.