Terms and Conditions

Last updated on 09/07/2024

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY DEFINE THE TERMS BETWEEN YOU AND THE COMPANY MONTRANSPORT SAS (hereafter monTransport.com) AND THE RESTRICTIONS AND SERVICES YOU AGREE TO BY CLICKING, "I accept the Terms and Conditions". BEFORE USING THE SERVICES OF MONTRANSPORT.COM, YOU AGREE TO BE AT LEAST 18 YEARS OF AGE AND CAPABLE OF AGREEING TO A CONTRACT. YOU GUARANTEE THAT ANY INFORMATION YOU PROVIDE IS ACCURATE. ANY SUSPICIOUS BOOKING, FALSE OR FRAUDULENT, IS PROHIBITED WHEN USING ALL OR PART OF THE SERVICES OF MONTRANSPORT.COM VIA THE WEBSITE www.montransport.com. MONTRANSPORT.COM RESERVES THE RIGHT AT ANY TIME TO MODIFY THE PRESENT TERMS AND CONDITIONS BASED ON ANY CHANGES OF THE WEBSITE OR LEGISLATION. IT WILL BE UP TO EACH USER TO REGULARLY CONSULT THE TERMS AND CONDITIONS SO AS TO BE AWARE OF ANY MODIFICATIONS.

Article 1: General information

The Website monTransport.com is a platform connecting any persons (professionals or individuals) seeking chauffeured vehicle services. These people, commonly called "Travelers" on the Website, are looking for Transport Providers that operate coaches or minibuses or any vehicles with a maximum capacity of 8 passengers: chauffeured bikes or motorcycle services, taxis, and other car hire services with a driver operating in France, Belgium, Germany and Spain.

The Website connects registered Travelers and Transport Providers that post Trip requests and sends transportation Bids to the Travelers through it.

The Website offers Travelers the opportunity to obtain the best quality/price for a transportation service as well as a customized service, while allowing Transport Providers to obtain fair compensation for their services. This is because the price of transportation is unsubsidized and results merely from the balance of supply and demand. The Website also proposes to facilitate the optimization of workload management schedules for registered Transport Providers due to the influx of new sources of clients.

How it works
Booking a Transport Provider on the Website is done in one of 3 ways:

The Traveler makes a booking request to a Transport Provider who activated the Automatic Bid option:

The Traveler fills out their itinerary via the trip form.
If the trip is eligible, the Traveler can make a booking request directly via one of the Automatic Bid displayed.
Maximum 4h (except during night time from 9pm till 7am) after the booking request is confirmed, the Traveler receives a decline or a booking confirmation from the Transport Provider.
In the case of a confirmation, the Traveler receives the Transport Provider contact details assigned to his booking.
In the case of a decline, the Traveler’s credit card is not charged.
Once the trip is completed, the Transport Provider receives their payment on their bank account. The Transport Provider’s services can be rated by the Traveler.

The Traveler can immediately book a Transport Provider at an instant price (Flash Trip) without knowing beforehand the vehicle at his or her disposal :

The Traveler fills in his or her itinerary;
If the itinerary (trip) is eligible to an immediate booking (Flash Trip), the Traveler can immediately book at the instant price displayed;
12 hours after the payment is done, the Traveler receives the assigned Transport Provider’s contact details.
Once the trip is completed, the Transport Provider is paid directly on their bank account. The Transport Provider’s services can be rated by the Traveler.

The Traveler requests for Bids (Classic trip):

The Traveler fills his or her itinerary;
Any interested Transport Providers send Bids (quotes) on Trip requests that interest them;
After having selected a Bid (quote), the Traveler books online by pre-paying through the secure payment interface;
The Traveler immediately receives a Booking confirmation and the Transport Provider is also informed;

Once the trip is completed, the Transport Provider is paid directly on their bank account. The Transport Provider's services can also be rated by the Traveler.

The platform monTransport. com is equipped with adaptable technology allowing Travelers and Transport Providers to conclude Booking contracts online. monTransport. com is neither the owner of vehicles nor a driver; it also lacks the capacity either to supply or rent vehicles. monTransport. com is independent, and does not belong to any logistic operator or a group of Transport Providers.

Acceptance of Terms and Conditions
Website's Users agree to the Terms and Conditions in effect during their use. Thus they will always need to refer to the Terms and Conditions published on the Website when using its Services and/or Booking a transport service.

Modification of Terms and Conditions
monTransport. com reserves the right, at any time, to modify the current Terms and Conditions and Website functionalities, or to discontinue Services temporarily or permanently. The change will take immediate effect after publishing the updated Terms and Conditions online, that any User acknowledges having previously consulted.

Article 2: Definitions of used terms

"monTransport SAS": the company publishing the current Services on the Website www.monTransport.com.
"Website or monTransport.com": the Website www.monTransport.com and its Services.
"Service": any Service offered on the Website to any User.
"User": any registered Users of the Website, both Travelers and Transport Providers. Users are the sole decision-makers for completing Bookings on the Website.
"Traveler": an individual or a professional (client) registered on the Website to book the transportation services of vehicles with drivers.
"Main Passenger": the main person designated by the Traveler from a group who benefit from the booked transport service.
"Transport Provider" or "Driver": transport companies sending Bids and proposing transport services for Travelers registered on the Website.
"Account": the interface of a Website User. There are 2 types of accounts: Traveler and Transport Provider Accounts.
"Trip": a request for quotes by a Traveler. A trip can be a Transfer, a Roundtrip Transfer, a Tourism tour or a Vehicle and Driver hire.
"Posting a Trip Request": the action by which a Traveler provides details on a requested Trip for which a Transport service is required.
"Transfer": a Trip from Point A to Point B.
"RT Transfer": a Round Trip, a Trip from Point A to Point B (the way there) and another Trip back from Point B to Point A (the return trip).
"Bid": a proposal quoted by a Transport Provider in response to the Trip Request.
"Booking": an operation whereby the Traveler (paying person) retains a Bid via the Website and pays in advance to book a transportation service for a given Trip.
"Transport Provider's Price": the price entered by the Transport Provider when sending a Bid.
"Management Fees": the fees paid to the intermediary monTransport.com, including the costs of the Adyen payment solution.
"Travel Price": the price of the bid entered by the Transport Provider plus the Management Fee.
“Immediate booking - Instant price”: term dedicated for Travelers, designates the price as calculated by monTransport.com’s algorithm. Booking an instant price (Flash Trip), also referred to as an immediate booking, is only available on certain routes (trip request).
“Request for Bids (quotes)”: a term dedicated for Travelers, describing a request for Bids from Travelers (Classic Trip). Once Bids are sent by interested Transport Providers, the Traveler books the one that best suits him.
“Flash trip”: a term dedicated to Drivers, designates immediate booking (instant price).
“Classic Trip”: a term dedicated to Transport Providers, describing a request for bids (quotes) from Traveler.
“Automatic Offer”: it’s an option that can be activated from a Transport Provider account. It enables the display of the Transport Provider’s offers and services instantly after the Traveler has filled his itinerary on the form for this purpose.
“Percentage of ride completed”: this percentage measures how many bookings have been completed by the Transport Provider compared to the total number of bookings assigned to him.
“Average response time”: indicates the average response time that the Transport Provider takes to either confirm or decline a booking request (Automatic offer).
"Overall Score": the average of all the ratings received by a Transport Provider.
"Cancellation Policies": the conditions that apply in the case of a Booking cancelled by a User.
"Cancellation": termination of a Bid (cancelled Bid) or Booking (cancelled Booking).
"Terms and Conditions": the current Terms and Conditions of the Website.

It is specified that the terms used by Travelers correspond in general to the vocabulary commonly used by the general public, especially on the internet, and not to vocabulary used in the regulation. For example, requests for motorcycle taxis (motorcycles with drivers) correspond in the text to the service of motorcycle vehicles with 2 or 3 wheels. This Website provides an interface between publicly formulated requests and regulatory official language.

Article 3: Website information

3-1 Company

This Website is published by the company monTransport SAS, registered in the Trade and Companies Registry of Paris, France, under number 811 699 933 00016, whose registered office is at 118 rue de Vaugirard in Paris, France.

Director of Publication: Albéric de Bernis
contact [at] montransport.com

3-2 Intermediary

As an intermediary of transportation services, the Website monTransport.com is subject to applicable laws and regulations.

monTransport SAS is declared as an intermediary of transportation by the Regional Registry of "Voitures de Transport avec Chauffeur (VTC)" in France.

The professional liability of monTransport.com is covered by Axa Insurance.

3-3 OPPOSITION TO TELEPHONE PROSPECTION

In accordance with Article L. 223-2 of the Consumer Code, if you do not wish to be the subject of commercial prospecting by telephone, you can register for free on an opposition list to telephone prospecting on the website www.bloctel.gouv.fr or by writing to:

Service Bloctel
6, rue Nicolas Siret
10 000 Troyes
France

3-4 Mediation

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L. 612-2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, within a period of less than one year from their written complaint to the professional.

MONTRANSPORT has designated SAS Médiation Solution as the consumer mediation entity, with registration number 53378/VM/2408.

To contact the mediator, the consumer must submit their request:

Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost
Or by email to: [email protected]
Or by filling out the online form titled "Saisir le médiateur" on the website sasmediationsolution-conso.fr

Regardless of the method used, the request must include:

The postal, telephone, and electronic contact details of the applicant,
The name, address, and registration number of the concerned professional with Sas Médiation Solution,
A brief statement of the facts,
A copy of the prior complaint,
All documents necessary to process the request (order form, invoice, proof of payment, etc.)

Article 4: Web host details

OVH
RCS 424 761 419
59820 Gravelines, Frankrijk

Article 5: Sign-up conditions and use

5-1 Sign-up conditions

Sign-up on the Website is completely free of charge for both Travelers and Transport Providers. Upon sign-up confirmation, the User is registered on the Website for an indefinite amount of time. However, there are certain conditions to be met in order to sign-up:

Only adults can sign up on the Website.
All sign-up applications must be made on forms provided for this purpose. The User agrees to provide accurate, up-to-date, and complete information about their identity, the company's identity, and any other information requested on the different forms.
Only the Transport Providers referred to in Article 1 above, holding the appropriate and currently valid operating licenses or authorizations; professional liability and fleet insurance; driving licenses; professional cards that are currently valid; and any other operating documents as required in the country where the transport service takes place, are accepted on the Website. In addition to the insurance certificate required for sign up, the Transport Providers agree to provide a copy of their insurance policy on first request by the Website.
monTransport.com shall not be liable for any errors or inaccuracies resulting from the data provided by Users. The transmission of these documents is made either on the Website or by email at contact [at] montransport.com. No sign-up by the Transport Provider will be validated if the requested documents are not sent. Any validation of sign-up is done at the discretion of monTransport.com which reserves the right to accept or decline the sign-up.
The User agrees not to create or use Accounts other than the one initially created, either under their own identity or that of third parties. It is especially forbidden for Transport Providers to use multiple Accounts for the use of a single company. Any exception to this rule will be subject to an explicit request from the User and the express and specific authorization of monTransport.com. The act of creating or using new Accounts under one's own identity or that of third parties, without having sought and obtained authorization from monTransport.com, may result in immediate suspension of the User's Accounts and all related Services.
Sign-up confirmation confers the irrevocable power granted by the User to monTransport.com regarding the data processing and exploitation of information transmitted through the Site.
If the User uses the Website or an Account on behalf of a corporation, the User declares to be duly authorized to bind this entity to the Terms and Conditions. He agrees to bind the entity he represents.
The User is responsible for protecting his password and agrees not to disclose it to third parties. He is responsible for any activity or action on his Account, whether or not he authorized such activities or actions. He must immediately notify monTransport.com about unauthorized use of his Account.
The express acceptance of these Terms and Conditions.

Ordinary sign-up procedure
Sign-up on the Website is done by entering the user's email address and password. This information must be confirmed to complete sign-up. By creating his account and selecting, "I accept the Terms and Conditions" of the Website and the Service offered, the person concerned agrees to respect these Terms and Conditions and accept that monTransport.com use his personal data under the conditions described in Article 7 below. Consequently, if the applicant does not accept any of the conditions contained in these Terms and Conditions, they must not check the box accepting the Terms and Conditions. As the Terms and Conditions constitute an indivisible whole, their full and unconditional acceptance is one of the conditions of using the Services at monTransport.com. In the lack of confirmation or non-use of the account for 6 months, monTransport.com reserves the right to suspend or cancel the sign-up.

Procedure with Facebook
The User-Traveler also has the choice to sign-up by clicking the link, "Continue with Facebook." By clicking this button, you accept the Terms and Conditions of the Website. The data required for sign-up are taken from the Facebook account. For more information about this connection, sign-up or log-in via a Facebook account, please consult Article 5-2-3.

5-2 Terms of use

The Website www.monTransport.com is a connecting platform. The Company monTransport SAS never interferes in completed Bookings, destinations, schedules, or any other activities. A Trip must be booked on the Website before it is completed. However, it should be noted that monTransport.com is a third-party platform connecting Users of the Website, and shall have no responsibility to carry out Users' obligations when they make Bookings.

5-2-1 General details

By using the Services offered on the Website, Users must understand and respect these conditions:

The posted Trip Requests and Transport Provider Bids must be issued with accurate and complete information.
The designated forms used for Travelers' Trip Requests and Transport Providers' Bids may be modified or improved at any time.
The User is solely responsible for the use that he makes of all Services available through the Website, and more generally of any use made from his Account.
The User is the sole judge of the completeness and usefulness of the content that he views. He consequently agrees to use the Services of the Website with discernment and to be aware of associated risks.
The User agrees to comply with any measure executed by monTransport.com under enforced laws.
The Transport Providers agree to update relevant information through their respective Profiles. They guarantee that all services offered (including the condition of vehicles and the qualification of drivers) always comply with enforced regulations.
Any Transport Provider who has sent a Bid through the Website agrees to honor it towards the Traveler who is finalizing their Booking. Travelers should thus aim to book the Trip as soon as possible, in order to maximize chances of benefiting from the conditions of the proposed Bid before its date of validity expires.
Referencing a Transport Provider on monTransport.com does not give the Traveler guarantees other than those required by the relative regulations for transportation intermediaries involved in the applicable transport category. Such sign-up does not constitute an endorsement nor a certification or guarantee from monTransport.com relative to the Transport Provider, including its reliability or seriousness. However, this information is useful when a Traveler makes his own decisions when wishing to book a transportation service through the Website.
Transport Providers are required to execute services according to the Quality Charter available on the Website. The quality control of transport services is done by the reviews and ratings that Travelers are invited to fill up once the transport is completed.

Moreover, Users acknowledge that it is prohibited to:

mislead other Users by usurping the name or company name of the Website or third parties without their consent. They are forbidden to fraudulently collect personal data;
use the Website as a vehicle of unsolicited advertising (spam, junk mail...);
attempt to probe, scan or test the vulnerability of any system or network on monTransport.com or to surpass any measures of security or authentication;
use, display, copy or reproduce the Website or any individual element of the Website, the name of monTransport.com, any trademark, logo or other proprietary information of monTransport.com or the layout and concept of any page or form contained on the Webpage, without the express written permission of monTransport.com;
systematically retrieve data or other content from the Website to create, directly or indirectly, in one or more downloads, a collection, compilation, database, directory, or other similar grouping, manually, using robots or otherwise;
use software, devices, scripts or other means or processes, automated or manual, to access, "remove", "browse" or "sweep" any Web page or other Services on the Website;
copy, store or otherwise access in any way the information contained on the Website, for any purpose not expressly permitted by the present Terms and Conditions;
weakens or damages the Website, particularly with viruses, cancelbots, Trojan horses, malicious codes, attacks by Ping requests, attacks with denial of service, theft of IP address or packets, routings or forged email address information, or similar methods or similar technology;
invite a User to use Services or Websites of third party competitors of monTransport.com without the prior written permission of monTransport.com;
post, upload, publish, submit, or otherwise transmit any Content that: (i) infringes upon, misappropriates or violates any patent, copyright, trademark, trade secret, moral right or any other right of intellectual property, right of publicity, or privacy of a third party; (ii) violates or encourages any conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false or misleading; (iv) is defamatory, obscene, pornographic, offensive or objectionable; (V) promotes discrimination, bigotry, racism, hatred, harassment or extortion against an individual or group; (vi) is violent or threatening or promotes violence or threatening acts against any other person; and (vii) promotes the use of illegal or dangerous substances;
circumvent the Website. To ensure security and smooth transactions, it is STRICTLY forbidden to Users, prior Booking, to exchange information that would in one way or another, allow a form of contact and direct communication, such as an email address, company name, telephone number, mobile number, fax number, Website, or other information as a means to allow direct contact.

The User will be held liable with respect of monTransport.com and third parties, for any damages, direct or indirect, of any nature whatsoever, caused by contents or any other elements communicated, transmitted or distributed by Users on the Website or through the Services it offers, as well as any breach whatsoever of this current contract. Consequently, the User agrees to indemnify monTransport.com as well as its leaders, against any and all claims of treason.

Any such infringement will be investigated. The Website reserves the right to temporarily suspend a User account and/or permanently delete it without notice, and to deny access to all or part of the Service. monTransport.com has the right to investigate and take legal action for any violation of the Conditions set out above, to the extent permitted by law.

5-2-2 Report

By accepting these Terms and Conditions, any User has a duty to report any suspicious or reprehensible behavior on the Website.

Reporting a Trip, Bid or a Profile
When a User posts a Trip request or sends a Bid, or enters Profile information, they must provide accurate and complete information in accordance with these Terms and Conditions, in order to maintain a neutral marketplace providing quality Services. All elements, such as details or speech that is racist, ought to be reported using the reporting links or by contacting the Website.

Reporting misconduct
Any User faced with a negative experience with another User after making a Booking on the Website, including inappropriate behavior, for example with any person (i) who displays shocking, violent or sexually inappropriate behavior, (ii) whom you suspect is capable of committing theft, or (iii) causes any sort of trouble whatsoever, must immediately report this experience to the competent authorities and then to monTransport.com, by sending the phone number of the police station at which the complaint was filed and the police report number, to the email address contact [at] montransport.com.

5-2-3 Facebook module

The Website also uses social plug-ins from the social network Facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, United States (hereinafter "Facebook"). These modules are indicated by the Facebook logo.

The "Facebook" button available on the Website offers the possibility to sign up and/or login using the Facebook User data. When the User chooses to link their Facebook account, it allows monTransport.com to access his Facebook account, according to the conditions governing the use of the Facebook account.

The User declares that he is authorized to disclose the login information of his Facebook Account to monTransport.com and/or allow monTransport.com access to his Facebook Account (especially for purposes described in these Terms and Conditions) without overlooking the conditions that regulate the use of the Facebook Account in question, or incurring monTransport.com any fees, or any restriction of use imposed by Facebook. By authorizing monTransport.com to access his Facebook account, the User understands the monTransport.com will access, make available, and (if applicable) save any authorized Content the User has provided and saved on his Facebook Account, so that this content is available on and through the Site via the User Account on the Site, and (if applicable) the Profile of the Transport Provider. For more information on the purpose and extent of data acquisition and how data is further processed and utilized by Facebook, as well as your rights and optional privacy settings, we invite you to visit the Privacy Policy on Facebook: www.facebook.com/policy.php

It is possible to discontinue the connection between a monTransport.com Account and Facebook Account directly in the Facebook account settings. monTransport.com will never inspect your Content on Facebook in order to verify accuracy, legality or non-infringement. monTransport.com excludes any liability for this content.

Article 6: Services

6-1 REQUEST FOR BIDS OR BOOK

The posted Trip Requests are published online under the sole responsibility of their authors. monTransport.com reserves the right not to publish Trip Requests or Bids that do not comply with the Website's Terms and Conditions.

To request a Bid (quote) or book immediately, the Traveler provides all information relevant to the Trip on the proper form. This will include, in particular, specifying the date and time of transportation, the departure and arrival address, number of Travelers and luggage items and other information such as the desired options or services (smoking vehicle, child seat or an English speaking driver).

The Traveler then has the choice to:

Make a booking request via an Automatic bid if the trip is eligible. The Traveler will receive a confirmation or a decline within maximum 4h (except during night time from 9pm till 7am) after the booking request. If the Transport Provider confirms, the Traveler receives a notification including his contact details as well as a booking code.
Immediately book the displayed instant price, if the Trip is eligible. The Traveler will receive a notification email confirming the Booking number, as well as a second confirmation (12 hours after payment) with the assigned Transport Provider’s details and a Booking Code.
Request Bids (quotes) from the relevant Drivers. The Traveler will receive a confirmation email with a Booking number and relevant details and is prompted to verify the provided information.

6-2 Sending a Bid

Through their Account, Transport providers may:

Send Bids for Trip Requests (Classic and Flash) that interest them.
Activate the Automatic bid for their prices and services (vehicle, options etc.) to be displayed automatically once the Traveler fills his trip itinerary with a departure nearby Transport Provider parking.

When receiving a Flash Trip (Immediate booking at an Instant Price), the Transport Provider only provides his price, the maximum tolerated delay and the proposed vehicle. The booking's cancellation policy and date and hour at which the bid expires cannot be modified

To send a bid on a Classic Trip (Request for bids) the Transport Provider provides his price, cancellation policy, date and hour at which the bid expires, the maximum tolerated delay, proposed vehicle and any additional services.

To activate the Automatic bid and to receive booking requests near its pickup area, the Transport Provider must fill its price parameters, its current parking (working zone) and activate vehicles which he wishes to display the Automatic bid in client’s search results. Once set up, the Transport Provider can receive booking requests.

Obligation
The Transport Provider is obliged to execute the Trip. The Traveler's Booking implies acceptance of the Bid which fulfills the transportation contract. Any cancellation of the Booking, or failure on the part of the Transport Provider to complete the Trip after Booking, is thus a termination of the transportation contract, to the Transport Provider's exclusive detriment (see Article 6-6). monTransport.com insists that any Bid sent and currently not expired becomes a Booking contract, with the Transport Provider agreeing to fulfill transportation according to specified terms. Consequently, the Transport Provider must immediately cancel all Bids sent that it can no longer honor.

Service fees
In case of an Immediate Booking - Instant Price (Flash Trip): the price difference between the assigned Transport Provider’s Bid and the instant price paid by the Traveler make up monTransport.com service fees. I

In the case of a booking following a Quote request (Classic trip) or a booking request (Automatic Bid), the price of the Transport provider’s Bid is increased by a commission of 16,5% VAT inclusive for the benefit of monTransport.com, which increases the Drivers Bid.

The services fees include banking fees (ADYEN), server fees, SMS fees, management fees, improvement, and maintenance of the Site.

Billing permission By adhering to these Terms and conditions, the Transport Provider agrees to allow monTransport.com to invoice, on his behalf, the price of his Bid, to the Traveler who has made a Booking.

IBAN To allow a wire transfer into his bank account, the Transport Providers must send monTransport.com all bank account identity (IBAN) details. This information is exclusively provided by the Transport Provider through his Account, on his tab "Settings" and then "Bank Info". IBAN details are stored on the Transport Provider Account.

6-3 Booking and prepayment

6-3-1 Booking

The Transport provider booked by the Traveler is the one that has sent the best quote (Bid).

In the case of an Immediate Booking with Instant Price (Flash Trip): the best Bid is defined by the most competitive price, sent by a Transport Provider that has been deemed as reliable by monTransport.com’s algorithm.

In the case of a booking request or request for bids/quotes (Classic Trip): the best Bid (quote) is selected by the Traveler. The bid does not rely solely on the price factor, but also includes, but is not limited to, the cancellation policy, the maximum tolerated delay, the vehicle used or even the Transport Provider’s reputation.

Fulfilling the transportation contract
As part of the agreed Booking, the Transport Provider has the obligations to:

To show up at the date and time agreed for the Trip. In the case of failure or cancellation, monTransport.com reserves the right to keep the cancellation details in its database, and/or publish this information online on the respective public Profile, and/or suspend the Transport Provider from accessing the Website.
To immediately inform Travelers of any changes in their Trip.
Await Traveler(s) at the designated meeting place.
To fulfill the transportation agreed to, by agreeing to maintain the conditions of their Bid when making a Booking, unless there is a subsequent request for modification or additional service.

The transportation or Booking contract is completed when the payment is confirmed. The Traveler and Transport Provider are informed by email that the transaction is irrevocably completed and that they have access to each other's contact information.

6-3-2 Prepayment

The Traveler books the transport services by prepaying by credit card in one of these cases: immediate booking of an instant price (Flash trip), a request for bid (Classic trip) or a booking request (Automatic bid).

Particularities of RT Transfer (Round Trip)
The prepayment of a RT Transfer is made once, although it includes the prices for 2 Trips: the Transfer on the way in, and the transfer for the return trip.

ADYEN
The sums received by monTransport.com are deposited into an escrow account at the payment service "ADYEN" (ADYEN B.V.). ADYEN B.V. is a financial institution (Payment Establishment) registered in Amsterdam under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands. ADYEN is subject to the prudential supervision of "La Commission de Surveillance du Secteur Financier (CSSF)" approved in France under "l'Autorité de Contrôle Prudentiel et de Résolution (ACPR)".

The deposited sums are used to pay Transport Providers who have completed Bookings through the Site. Payment orders given by Users shall be irrevocable and executed by ADYEN according to the Policy listed in Article 6-4 below. By express agreement, it is agreed by the Traveler and the Transport Provider that the amounts received do not carry the right to gain interest. The Traveler and the Transport Provider agree to respond to any request of monTransport.com and/or ADYEN and, more generally, any competent administrative or judicial authority, in relation to the prevention or fight against money laundering. In particular, they agree to provide full and relevant proof of address or identity. In the absence of an immediate response to these requests, the Traveler and the Transport Provider agree in advance to monTransport.com unilaterally taking any action it deems appropriate, including the freezing of payments and/or suspension of its Services to the Traveler and/or the Transport Provider. monTransport.com shall not intervene for any payment to the Transport Provider, if an Account has not been opened in his name or in the name of his company.

Absence of withdrawal right
Travelers are advised that Section 27 of Directive 2011/83/EU of the European Parliament and of the Counsel of 25 October 2011 excludes the transportation contracts of passengers from its scope. This means that the Traveler does not have the option to withdraw from services after starting the transaction. Although monTransport.com follows the law of France and the EU, the withdrawal rights are the same across all jurisdictions.

6-4 Transport Provider's payment and invoice

Use of the Website and in particular, the consultation of Bids and Trip requests is free, Booking a transport service and its execution results in a payment.

Transport Provider's payment
The Traveler and Transport Provider shall have a period of 7 calendar days to provide express confirmation to monTransport.com that the transportation service was honored. At the end of this time period, monTransport.com will treat the absence of express confirmation or validation as implicit confirmation.

Express confirmation can be made either by the Transport Provider entering the Booking code found on the Booking summary given by the Traveler at departure, or by the Traveler confirming on his Account that the transportation service was indeed honored.

To provide express or tacit confirmation, the Transport Provider will be directly credited with the Price of his Bid in his bank account. Once the confirmation is made, the payment is immediately wired to the Transport Provider. monTransport.com cannot control any costs that may be charged to a User by his bank, and has no liability in such matters.

Payment for RT Transfer (Round Trip)
For a RT Transfer, the Transport Provider receives 2 separate payments: one for the Trip on the way in, following its completion, and another for the return transfer, following its completion.

Method of payment
In no event shall monTransport.com pay the amount due to the Booked Transport Provider other than by bank wire transfer, thereby excluding payment by cash or check. monTransport.com is in no way responsible for, or a payment guarantor to the Transport Provider, if for any reason whatsoever, the amount paid by the Traveler were to be refunded in the case of the card being declined, used fraudulently. On first request inquiring about such an incident regarding payment, the Transport Provider is obliged to return any amount received.

Invoices
Once the transportation service is completed, the Traveler's invoice is issued by monTransport.com on behalf of the Transport Provider, according to the amount indicated in the Booking. The Transport Provider receives a copy of the Traveler's invoice, and the invoice for monTransport.com's management fee. These respective invoices are sent to the Users by email and are available for direct download from their Account.

Dues and taxes
Users are liable for all taxes, duties and fees resulting from the use of the Website Services. monTransport.com excludes itself from any responsibility for taxes on transactions carried out on the Website. Whether a User is a legal entity (company) or individual, or whether he is a Traveler or Transport Provider, he expressly recognizes and agrees that VAT and other taxes and charges may apply to his situation. We recommend consulting a tax advisor for further advice regarding this topic. monTransport.com cannot and does not offer advice to Users on Taxes.

The Transport Provider agrees to pay any applicable VAT as required by local tax laws and regulations. Furthermore, the Transport Provider, if subject to VAT, may be eligible to deduct the VAT related to the invoice for monTransport.com's management fees in accordance with the applicable tax rules.

6-5 Rating system and user feedback

Since Feedbacks are crucial to the success of any marketplace, monTransport.com has set up a rating and review system allowing Travelers to rate Transport Providers after the execution of transportation services, the percentage of rides completed, the average response time as well as the opportunity for all Users to contact our team regarding their experience, providing suggestions towards improving the Website and its Services.

Rating system
Once transportation is completed, the Traveler receives an email notification inviting him to rate the transport service and to post a review. The rating is done directly on the Traveler's Account, on the concerned Booking, and contains 5 questions that can be rated from 1 to 5 stars.

The average rating will positively or negatively affect the Transport Provider's overall score, with the latter being the sum of all its means. The overall score's calculation of a Transport Provider is automatic, and monTransport.com can in no way interfere in this calculation.

Moreover, the Transport Provider has a 15 days' right of reply for each review published by a Traveler following the fulfillment of the transportation service.

Percentage of ride completed
This percentage measures how many bookings have been completed by the Transport Provider against the total number of bookings assigned to him. It allows you to measure the reliability of the Transport Provider.

Average response time
In case of a booking request (automatic bid), the Transport Provider has 4h (except during night time from 9pm till 7am) to confirm or decline booking. The total average response time is calculated via the response time of each new booking request.

User feedback
Any User is encouraged to provide exclusive feedback, comments and suggestions, so the Website and its Services may constantly be improved. Feedback is sent at the following email: contact [at] montransport.com.

All feedback become monTransport.com's exclusive property, and its author voluntarily and irrevocably gives monTransport.com all rights, titles and interests related to the Feedback, including without limitation any patent, copyright, trade secret, moral rights and other intellectual property or international law related to it. At the request and expense of monTransport.com, the author signs documents and takes measures reasonably requested by monTransport.com to help acquire, improve and protect intellectual property rights and other means of legally protecting Feedback.

6-6 Cancelled booking and invoice

Cancellation Policies
Any cancellation of a Booking by a Transport Provider or a Traveler, is subject to the Cancellation Policies of the booked Bid. monTransport.com's ability to refund invoiced amounts to the Traveler is subject to the applicable Cancellation Policies. Detailed information regarding refunds and Cancellation Policies is available on the Website. When sending a Bid, the Transport Provider has the option to select between the following Cancellation Policies: "flexible", "moderate", "strict", "ultra-strict" or "immediate".

Booking cancellation by a Transport Provider
In the event of a cancellation attributable to the Transport Provider, the Traveler will receive a full refund. When a Transport Provider cancels a booking, monTransport.com imposes penalties, including: (i) the automatic publication of a comment on the Transport Provider’s profile indicating the cancellation, and (ii) a reduction in the Transport Provider’s ride completion percentage.
If monTransport.com believes the Transport Provider has canceled an excessive number of bookings, the Provider’s account may be indefinitely suspended.

Booking cancellation by a Traveler
In the event of a cancellation by the Traveler, the Transport Provider may be compensated according to the Cancellation Policies selected in their Bid. The Traveler is informed of any applicable Cancellation fees before confirming the cancellation of their Booking.

All Users must review the Cancellation Policies before prepaying for a Booking on the Website. It should be clearly understood that payment is non-refundable to the Traveler under any circumstances if the transport service was completed as per the Booking details. Any Booking cancellation must be processed through the User's Account on the Website to ensure the Cancellation Policies are properly applied. Cancellation cannot be done by directly contacting the Traveler or the Transport Provider.

Particularity of cancelling a RT Transfer
The Booking of a round-trip (RT) transfer consists of two distinct Bookings: one for the Way-in Trip and the other for the return Trip. While these two transfers are linked, they can be cancelled independently.

Additional terms

monTransport.com reserves the right to withhold any refund deemed unjustified, improper, or excessive. In the event of a dispute between the parties (Traveler and Transport Provider), monTransport.com will make a fair decision, which will be final and cannot be contested by either party.
monTransport.com reserves the right to modify the various Cancellation Policies.
monTransport.com reserves the right to modify penalties for repetitive or abusive cancellations.
monTransport.com reserves the right to request any necessary evidence to justify the User's reason for cancellation.
In some circumstances, monTransport.com can decide, at its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made through the Website.

6-7 Penalties

In the case of non-compliance with these Terms and Conditions, the Website reserves its right to suspend or withdraw the User's Account involved.
It states in particular that in the case of a Traveler's complaint regarding Transport Providers' non-compliance of Terms and Conditions in their Bids booked, monTransport.com reserves the right to suspend the Website access to the Transport Providers involved.

6-8 Dispute management

monTransport.com provides its Users with an online Service of dispute resolution. The Service is particularly intended to facilitate the settlement of disputes relating to Booking cancellations. In this regard, this service carries an obligation mean.

Travelers and the Transport Providers agree to cooperate with monTransport.com in good faith, in order to provide monTransport.com required information and take reasonable measures requested by monTransport.com, regarding any complaint or claim made by Users concerning transportation service, or any personal property or other article found in the vehicle used, or concerning research carried out by monTransport.com or its representative about use or misuse of the Site. If you are a Traveler, you agree, at the reasonable request of monTransport.com and to the reasonable extent that you are able to do so, to participate, free of charge, with the Transport Provider in a mediation or a similar dispute resolution, led by monTransport.com.

If no solution is found between the Traveler and the Transport Provider, monTransport.com reserves the right to either decide in favor of one party after the resolution attempt, or retain the sums paid by the Traveler until there is mutual agreement between the Traveler and the Transport Provider, or a final court decision. Users must provide all supporting evidence.

Article 7: Processing personal data

Data Protection and Compliance: We adhere to data protection laws in France and in the European Union.

Global Operation: As our service operates globally, your personal data may be processed according to local laws in the countries where we provide services.

Data Processing Declaration: We've declared our automated data processing to CNIL in France, registered under number 1551838 on 12/12/2011. We comply with data protection regulations as required by applicable laws and authorities.

User Rights: You have rights under the law, including:

The right to object to data processing for legitimate reasons (Article 21 of the GDPR.).
The right to access, rectify, or delete your personal data (Article 15, Article 16 and Article 17 of the GDPR).
The right to inquire about data processing (Article 13 and Article 14 of the GDPR).

Data Collection (GDPR)
monTransport.com collects and processes the following data in accordance with the General Data Protection Regulation (GDPR):

Traveler Collected Data

Name, login credentials, contact information (phone number, email), and any messages exchanged.
Timestamps of access to monTransport.com services.
Travel-related data, including departure and arrival addresses, contact details, travel date and time, reviews/ratings, and service options.

Please note that payment information is not collected by monTransport.com and is managed directly by our payment service provider (PSP).

Traveler Shared Data
Les conducteurs reçoivent des données liées aux demandes de voyage et aux réservations.

Driver Collected Data

Name, login credentials, contact details (phone number, email), website information, and any messages exchanged.
Timestamps of access to monTransport.com services.
Provider details, references, legal information, invoice-related data and documentation.
Data pertaining to offers, requests, notification preferences, and reviews/ratings from bookings.

Driver Shared Data
All data related to provider contact details, company information, and invoice details are shared with Travelers.

Data Shared with External Partners

Email and name shared with mail and SMS routers.
All data shared with the CRM (Customer Relationship Management) system.
Analytics: monTransport.com uses analytics and feedback software (e.g., Hotjar, Google Analytics, Search Console) for development purposes, which may collect user data shared through web pages.
Email and name for the support platform.

IP Addresses: Your IP address may be shared with authorities as required by law.

No Data Sale: We do not sell personal information for marketing purposes without your consent.

Cookies:To ensure the correct operation and efficiency of its Services, and in particular to allow the User not to be identified during each access to the Service, aside from the first time he accesses monTransport.com, the Site uses Cookies, which are files that allow the User to be identified during each connection.

Article 8: Intellectual property rights

The Website "monTransport.com" is the intellectual property of the publisher and also a registered trademark with the INPI, under number 10 3 748 160.
The information contained on the Website may not be reproduced by Users for personal purposes. Any reproduction or representation, total or partial, by any means whatsoever, of the Website, logos, images, or other applicable intellectual property, is prohibited without express permission of the publisher of this Website.
Users of the Website agree not to reproduce, copy, sell, resell or exploit for any commercial purposes whatsoever, whether all or part of the Service, use of the Service or any right of access to the Service, unless it is expressly authorized by the publisher. Failure to observe these prohibitions by its author is an act of infringement involving civil liability and possible prosecution.

Article 9: Exclusion of liability

9-1 Exclusion of technical liability

The Website shall not be liable if for any reason if the Website is down, or is slowed due to a server problem, server maintenance, hardware or software upgrade, emergency repair, hacking, or any circumstances outside its control.
The Service provided by the publisher is exclusively technical by connecting Users. As such, it may make errors, and monTransport.com will acknowledge and accept this.
In no event will monTransport.com be held liable for any material or immaterial damage, direct or indirect, such as commercial or financial loss or even the loss of business operation. monTransport.com has no control whatsoever concerning the nature or characteristics of any data transferred via the host, and thus assumes no responsibility in this regard. monTransport.com excludes itself from any responsibility for data produced and accessed by Users on the Website, and any damages that may be caused by their use. Similarly, it is up to the User to take all necessary measures to protect his data and software against intrusions, computer viruses or possible circumvention by third parties through or from the Services of monTransport.com.
monTransport.com assumes no liability regarding the compatibility, reliability, and operation of software other than those it has prepared.

9-2 Exclusion of liability for service and content

Information published on the Website remains the responsibility of Website's Users, whether they are Travelers or Transport Providers.
The Website cannot guarantee that Bids will be sent in response to Trip requests.
The Website does not guarantee the availability of Transport Providers who have sent Bids: when Bids are sent, the Traveler must select and book it as early as possible.
In cases of withdrawal of licenses or parking permits, or deletion of entries in the competent authorities' registry, the Website excludes itself from any liability if the Transport Provider involved has not notified it of withdrawal or cancellation.
The Website itself can in no way be held responsible for the transaction, punctuality of Transport Providers or passengers, or transportation's safety for the Trip.
monTransport.com releases itself from all liability regarding the information provided by its Users. Users themselves are solely responsible for the information relayed on the Website.
Booking results exclusively from the agreement between Transport Provider and the Traveler, who are Website's Users and its Services, operate on these persons' sole and exclusive responsibility. As such, the actual progress of the Trip that is defined by the Traveler and Transport Provider, will not result in monTransport.com's liability on any grounds whatsoever, as the Service offered by monTransport.com is an intermediary Service.
monTransport.com's liability will not be engaged, especially in the case of disaster that would occur for reasons such as a Traveler mis-communicating about a Trip and its details; cancellation of a Trip by the Transport Provider or Traveler; or fraudulent conduct or mistake on the part of the Transport Provider or Traveler during, before, or after the Trip.
In particular, monTransport.com will not be liable if there is fraudulent means of payment by the Traveler. In such a case, monTransport.com will provide no guarantee of payment to the Transport Provider.
monTransport.com is not responsible for content entered on the Website by Users. This is particularly true for Transport Providers' Profiles and Bids, and Trips posted by Travelers. However, once it has been reported to monTransport.com that there is content violating the rights of third parties, monTransport.com will do everything in its power to immediately remove this content from the Website.

Links
Hypertext links set up in the framework of the present Website directing to other websites, or to other resources on the Internet, do not engage the liability of the Site publisher, particularly with regard to Services proposed or information distributed by these Sites. Any hypertext link directed toward a page other than the homepage of the Site must be authorized by the prior written permission of monTransport.com.

For all Services offered on the Website, monTransport.com is obligated to provide its best efforts to achieve their completion. It is expressly agreed that if monTransport.com's liability were to be retained, it would not be held beyond alleged compensation, damages, and interest exceeding the reimbursements of amounts paid for the Booking, within the last month and in the same category of transportation as the booked transportation service.

Article 10: Attributive clause of jurisdiction

Parties will agree before filling any lawsuit in pursuit of an agreeable solution.

In the case of disputes regarding the interpretation or execution of the current Terms and Conditions, they will make use of the competent courts of Paris, France.