Terms and Conditions
Last updated on 23/05/2018
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 in France. These people, commonly called "Travellers" on the Website, are looking for Transport Providers, established in France, that operate coaches or minibuses (autocars en service occasionnel), or any vehicles with a maximum capacity of 8 passengers: chauffeured bikes or motorcycle services, taxis, and other car hire services with a driver such as "petite remise, VTC, or VLTP".
The Website connects registered Travellers and Transport Providers that post Trip requests and send transportation Bids through it.
The Website offers Travellers 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, the price of transportation being unsubsidized and resulting 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 2 ways:
The Traveler can immediately book a Transport Provider at an instant price (Flash Trip):
- The Traveler posts its Trip request (providing route details);
- If the itinerary (trip) is eligible to an immediate booking (Flash Trip), the Traveler can immediately book 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 his bank account. His service can be rated by the Traveler.
The Traveler request for Bids (Classic trip):
- The Traveler posts a Trip request (providing itinerary details);
- 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, which the Transport Provider is also informed of;
- Once the trip is completed, the Transport Provider is paid directly on his bank account. The Transport Provider's services can also be rated by the Traveler.
The platform monTransport.com is equipped with adaptable technology allowing Travellers and Transport Providers to conclude Booking contracts online. monTransport.com is neither the owner of vehicles nor a transport provider; 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 Travellers 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": transport companies sending Bids and proposing transport services for Travellers 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 Travellers, 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 Travellers, describing a request for Bids from Travellers (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 Transport providers, designates immediate booking (instant price).
- “Classic Trip”: a term dedicated to Transport Providers, describing a request for bids (quotes) from Traveler.
- "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 Travellers 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
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
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.
Article 4: Web host details
RCS Paris B 421 938 861
75371 Paris Cedex 08
Article 5: Sign-up conditions and use
5-1 Sign-up conditions
Sign-up on the Website is completely free of charge for both Travellers 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 operating licenses or authorizations and a professional liability and fleet insurance, 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 pj [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. These informations 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.
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.
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.
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.
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 IMMEDIATELY
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 Travellers 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 of:
- Booking immediately 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.
- Requesting Bids (quotes) from the relevant Transport providers. 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 that interest them.
To book a Flash Trip (Immediate booking at an Instant Price), the Transport Provider only provides his price, the maximum tolerated delay and the vehicle proposed. 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, vehicle proposed and any additional services.
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.
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.
In the case of a request for bids (Classic Trip): the Transport Provider’s bid is subject to and increased by 16,5 % (VAT incl.) to account for monTransport.com’s service fees.
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.
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
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 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 Travellers 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.
The Traveler books the transport service by prepaying by credit card in both cases: immediate booking of an instant price (Flash trip) or request for bid (Classic trip).
When the Traveler has received one or more Bids, he books the one that suits him best, by prepaying via credit card or bank wire transfer. The prepayment method by bank wire transfer is possible only under the following conditions:
- If the amount due is greater than 150 € and the booked Trip's departure date is higher or equal to 30 days.
- If the Traveler (Paying Person) has already made an initial bank wire transfer through the Website, the above mentioned requirement is lowered to 7 days without any minimum amount.
Following the signing of the online direct debit command, the Traveler must honor the withdrawal, or the Website can fill a lawsuit, and immediately block his Booking.
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.
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
Travellers are advised that Article L. 121-16-1 of the Consumer Code (French law) excludes the transportation contracts of passengers from its scope.
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 such an incident regarding payment, the Transport Provider is obliged to return any amount received.
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 to the treasury the VAT amount mentioned on the copy of the invoice issued to the Traveler. Moreover, the Transport Provider subject to VAT can deduct the VAT mentioned on the invoice for monTransport.com's management fees.
6-5 Rating system and user feedback
Since Feedback is crucial to the success of any marketplace, monTransport.com has set up a rating and review system allowing Travellers to rate Transport Providers after the execution of transportation services, as well as the opportunity for all Users to contact our team regarding their experience, providing suggestions toward improving the Website and its Services.
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 Booking concerned, and carries 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.
Any User is encouraged to provide exclusive feedback (hereafter "Feedback"), comments and suggestions, so the Website and its Services may constantly be improved. Feedback is sent at the following email: feedback [at] montransport.com or through the "Feedback" tab on the Website's left side.
All feedback becomes 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
Any cancellation of a Booking by a Transport Provider or a Traveler, is subject to the Cancellation Policies of the booked Bid. The ability of monTransport.com to repay the amounts that have been invoiced to the Traveler, is governed by the applicable Cancellation Policies. Detailed information regarding refunds and Cancellation Policies are available on the Website. When sending a Bid, the Transport Provider has the choice to select between the following Cancellation Policies: "flexible", "moderate", "strict" or "ultra-strict".
Booking cancellation by a Transport Provider
In the case of cancellation attributable to the Transport Provider, the Traveler is fully refunded. If a Transport Provider cancels a Booking, monTransport.com applies penalties: (i) publication of an automatic comment on his Profile specifying that it cancelled a booking, and (ii) an average decreased score. If monTransport.com has reason to believe that the Transport Provider has canceled too many Bookings, his Account can be indefinitely suspended.
Booking cancellation by a Traveler
In the case of cancellation by the Traveler, the Transport Provider may be compensated according to the Cancellation Policies he selected in his Bid. The Traveler is informed of cases for which cancellation fees are applied, before confirming cancelling his Booking.
All Users must be aware of the Cancellation Policies before prepaying for a Booking on the Website. It should be made clear that the payment is in no circumstance refundable to the Traveler, if the transport service was completed in accordance with the Booking's details. Any cancelled Booking must be made on a User Account on the Website, so that the Cancellation Policies are applied. It is not possible to cancel other than by contacting the Traveler or the Transport Provider.
Particularity of cancelling a RT Transfer
The Booking of a RT transfer contains 2 distinct Bookings: one for the Trip on the way in, and the other for the return Trip. Although these two transfers are linked, they can be separately cancelled.
- monTransport.com reserves the right not to proceed with any refund whose reason is unjustified, improper or exaggerated. If a disagreement exists between the parties (Traveler and Transport Provider), monTransport.com will make a decision that is as just as possible, and will not 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 all necessary evidence demonstrating the reason for the User's 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.
In the case of non-compliance with these Terms and Conditions, the Website reserves its right to suspend or withdraw User's Account involved.
It states in particular that in the case of 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.
Travellers 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
In accordance with Articles 22-I, 23, 24 and 30 of French Law No. 78-17 from the Data Protection Act modified on 06/01/1978, the automated processing of data from the Website has been declared to CNIL, which has issued a receipt under number 1551838 on 12/12/2011.Registered Users on the Website are informed by these Terms and Conditions of the disclosure requirement (Article 32 of the Law), and the precaution to preserve the security and confidentiality of their personal data (Article 34), as well as the Website publisher's responsibilities and his possible subcontractors (Article 35). This data is kept in a way that permits identification of individuals on this Website for a period not exceeding the time necessary for the purposes for which they were collected and processed (Articles 6-5° and 36).
In accordance with the law cited above, individual Users of the Website have:
- The right to be opposed, for legitimate reasons, to their personal data being processed, or this data being used for marketing purposes by the entity currently responsible for the processing of data, or the one responsible for the next processing of data (Article 38),
- The rights of interrogation of the person responsible for treatment in the cases listed in Article 39 of the French Law,
- Rights of consultation, modification or removal of all personal data brought to the knowledge of monTransport.com (Article 40). This right may be exercised by contacting the Website through the contact form.
As per GDRP (General Data Protection Regulation), monTransport.com collects the following data. Traveler collected data:
- Login and contact information such as name, login, password, phone number, email address and any exchanged messages.
- Access date and time to monTransport.com services.
- Any data related to travel request such as departure and arrival addresses, contact details, date and time, review/rating and related options of services.
Note that payment information are not collected by monTransport.com but handled directly by Payment Service Provider (PSP).
Traveler shared data:
- Transport providers receive all data related to travel request and booking.
Transport provider collected data:
- Login and contact details such as name, login, password, phone number, website, email address and any exchanged messages.
- Access date and time to monTransport.com services.
- Provider's offering, references, legal statute and invoice relevant information and documentation.
- Data related to offers, requests and notification settings and review/ratings from booking.
Transport provider shared data:
- All data related to provider's contact details, company and invoice information are shared with Traveler.
Transport provider and Traveler data shared with external partners:
- Mail and SMS routeur: email and name.
- CRM: share all data.
- Analytics: for development purposes, monTransport.com uses analytics and feedback software such as Hotjar, Google Analytics and Search Console which may collect any data Users shares through the web pages.
- Support platform: email and name.
- Social network: travel request information may be shared upon user consent.
External services such as Facebook connect are also used, in which case the data is directly requested and handled between user and the external services.
Website Users are informed that their IP addresses are likely to be reported to police, independent administrative authorities, or judicial authorities within the scope of the powers granted under law.
It is stressed that monTransport.com does not lend or sell any personal information to third parties for marketing purposes, without the express consent of the User.
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 Travellers 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 Travellers. 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 of the Website.
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.