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Terms and Conditions of Sale – First Class Partner

Between FIRST CLASS PARTNER,
contact@firstclasspartner-vtc.com,
registered under SIRET number 828 291 864 R.C.S. PARIS,
represented by Mr. Philippe ROBAR in his capacity as manager, duly authorized for the purposes hereof.

The Company may be contacted by email through the contact form accessible from the website’s home page, or directly at contact@firstclasspartner-vtc.com.

Hereinafter referred to as the “Seller” or the “Company,” on the one hand, and the individual or legal entity purchasing the Company’s products or services, hereinafter referred to as the “Buyer” or the “Customer,” on the other hand, the following has been set out and agreed:

Preamble

The Seller provides private chauffeur booking products and services to consumers, marketed through its websites (https://www.firstclasspartner-vtc.fr). The list and description of the goods and services offered by the Company may be viewed on that website.

Article 1: Purpose

These Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General Provisions

These Terms and Conditions of Sale govern sales of Products or Services made through the Company’s websites and form an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who has accepted them before placing an order. The Seller reserves the right to amend them at any time by publishing a new version on its website. The applicable Terms and Conditions are those in force on the date of payment of the order, or the first payment where there are multiple payments. These Terms and Conditions may be viewed on the Company’s website at https://www.firstclasspartner-vtc.fr/cgv.

The Company also ensures clear and unreserved acceptance by providing a checkbox and a confirmation click. The Customer declares that they have read all of these Terms and Conditions of Sale and, where applicable, any Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation.

The Customer acknowledges having received the advice and information necessary to ensure that the offer meets their needs.

The Customer declares that they have the legal capacity to enter into a contract under French law or validly represent the individual or legal entity on whose behalf they are acting.

Unless proven otherwise, the information recorded by the Company constitutes evidence of all transactions.

Article 3: Prices

Our prices are updated annually and are based on a time-and-distance rate schedule, the service, the number of passengers and bags, and fuel prices in Île-de-France. A surcharge of 25% to 50%, depending on the geographical area of the service, also applies during peak hours (6:20 a.m.–10:00 a.m. and 4:00 p.m.–7:45 p.m.) and nighttime hours (9:00 p.m.–6:00 a.m.). Rates include 20 minutes of waiting time. Beyond that period, waiting charges are €1 including tax per minute and must be paid to the chauffeur as an additional charge, except in special cases where the customer has given advance notice of the expected waiting time or delay.

Our rates do not include incidental expenses such as parking charges, admission tickets for attractions, leisure activities, museums or paid-entry sites, or accommodation or meal expenses for the chauffeur or chauffeurs that were not originally included in the service.

Prices for journeys or services sold through our website are stated in euros excluding tax and are precisely specified on the product description pages. They are also shown in euros including all taxes (VAT* and any other applicable taxes, or with VAT not applicable under Article 293 B of the French General Tax Code for a micro-entrepreneur) on the service order page, excluding specific charges. (*VAT at 10%, except for Dedicated Chauffeur Service, for which VAT is 20%.)

For all services outside the European Union and/or in French overseas departments and territories, the invoice price is automatically calculated excluding tax. Customs duties or other local or state taxes may be payable in certain cases. Such duties and amounts are outside the Seller’s responsibility. They are payable by the Buyer, who is responsible for declarations, payment to the relevant authorities and any related requirements. The Seller therefore invites the Buyer to obtain information on these matters from the relevant local authorities.

The Company reserves the right to change its prices at any time for future orders. Telecommunications costs required to access the Company’s websites are borne by the Customer. For a journey with a private chauffeur vehicle operator, the price is fixed and accepted by the Customer at the time of booking. For a private chauffeur vehicle, the fare is charged according to the regulations in force at the time of booking, with a flat rate for airports. For a taxi, the Customer will be charged an additional €4 for an immediate booking and €7 for an advance booking. Any change to the journey requested by the Customer may result in an additional charge.

Article 4: Formation of the Online Contract

In accordance with Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to enter into the contract electronically and place an order:

  • Receive information about the essential characteristics of the Product or Service.
  • Select the Product and, where applicable, its options.
  • Provide the Customer’s essential details: name or company name, customer name and telephone contact details, email, number of passengers, pickup date, time and location, destination address, and, for airports and train stations, flight and/or train number, destination and/or origin.

FIRST CLASS PARTNER cannot be held liable for incorrect information supplied by the Customer, including an incomplete flight number, incorrect airport or incorrect date, or for incorrect information concerning the flight used as the reference for the journey that is provided by the relevant airport’s information service. Signing these terms constitutes unconditional acceptance of the Terms and Conditions of Sale.

For any order placed by telephone or through the booking module on our website, a minimum deposit of 50% of the total journey price will be collected through a secure SumUp payment link. The balance must be paid no later than 48 hours before the service date, or on the day of the service with the prior agreement of FIRST CLASS PARTNER.

  • Accept these Terms and Conditions of Sale.
  • Check the order details using the double-click confirmation procedure and correct any errors where necessary. Before confirming, the Buyer may review the details and price of the order, correct any errors, or cancel the order. Confirmation of the order forms this Contract.
  • Follow the payment instructions, pay for the products, and then receive delivery of the order. The Customer will receive email confirmation of payment and an acknowledgment confirming the order.

During the ordering process, the Customer may identify and correct any data-entry errors. The language offered for entering into the contract is French.

The terms of the offer and the Terms and Conditions of Sale are emailed to the Buyer when the order is placed and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the party making the offer intends to adhere may be consulted in the “Additional Rules” section of these Terms and Conditions, available on the Seller’s website at https://firstclasspartner-vtc.fr/cgv.

Communications, the order, order details and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the French Civil Code. This information may be produced as evidence of the contract.

Products will be delivered to the address provided by the Customer. To ensure proper fulfillment of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse an order, for example in the event of an abnormal request, a request made in bad faith, or any legitimate reason.

Article 5: Products and Services

The essential characteristics of goods and services and their respective prices are made available to the Buyer on the Company’s websites, together with product instructions where applicable. In accordance with Article L112-1 of the French Consumer Code, consumers are informed, by marking, labeling, display or any other appropriate method, of prices and the special conditions governing the sale and performance of services before entering into a sales contract.

In all cases, the total amount payable by the Buyer is indicated on the order confirmation page. The selling price of the service is the price shown and in force on the day of the order; it excludes any shipping charges billed separately. Any such charges are disclosed to the Buyer during the sales process and, in all cases, when the order is confirmed. The Seller reserves the right to change its prices at any time while guaranteeing application of the price stated at the time of the order.

Where products or services are not supplied immediately, the product presentation page provides clear information about delivery dates. The Customer confirms having received details of delivery charges and the terms of payment, delivery and performance of the contract, as well as detailed information about the Seller’s identity, postal address, telephone and email contact details, and activities in connection with this sale.

The Seller undertakes to fulfill the Customer’s order except where the chauffeur is unavailable or there is a risk to the safety of the passengers or the chauffeur. Otherwise, the Seller will inform the Customer. If the order has been placed and no agreement is reached with the Customer on a new service date, the Seller will refund the Customer unless the Customer canceled the service less than 96 hours before pickup.

Contractual information is presented in detail and in French. The parties agree that illustrations or photographs of products offered for sale are not contractually binding. The period of validity of Product offers and their prices is specified on the Company’s websites, as is the minimum duration of contracts involving continuous or periodic supply of products or services. Unless otherwise specifically agreed, the rights granted under these terms are granted only to the individual signing the order or the holder of the email address provided.

Article 6: Compliance

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these Terms and Conditions comply with applicable requirements concerning personal health and safety, fair commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for lack of conformity and hidden defects in the product.

In accordance with Article L.217-4, the Seller delivers goods conforming to the contract and is liable for any lack of conformity existing at delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where installation was assigned to the Seller under the contract or carried out under the Seller’s responsibility.

In accordance with the statutory provisions on conformity and hidden defects (Article 1641 of the French Civil Code), the Seller refunds or exchanges defective products or products that do not match the order. A refund may be requested by submitting a complaint to contact@firstclasspartner-vtc.com.

Article 7: Retention of Title

Products remain the property of the Company until the price has been paid in full.

Article 8: Performance of the Service

For transportation services, the Customer accepts that the journey may be provided by a private chauffeur vehicle driver or a taxi driver. The Customer is picked up at the address specified when ordering and within the stated time frames. These time frames do not take account of possible issues relating to the vehicle, chauffeur or traffic. Where the Customer orders several services at the same time, different time frames may apply.

In the event of a delay, a complaint may be submitted to contact@firstclasspartner-vtc.com. The Customer may terminate the contract under the conditions and procedures set out in Article L138-2 of the French Consumer Code. The Seller will then refund the service under the conditions of Article L138-3 of the French Consumer Code if it has not been performed or was canceled at least 96 hours before pickup.

The Seller provides a telephone contact number, indicated in the order confirmation email, to allow the order to be followed up. Calls cost the price of a local call from a landline.

The Seller states that, when the Customer enters the vehicle, the risks of loss or damage are transferred to the Customer at the end of the journey. The Customer must notify the chauffeur or use our website to report any reservations about the transportation service. The Customer must report any problem at the end of the journey by email to contact@firstclasspartner-vtc.com. Our Company is not responsible for any damage to your luggage or equipment during the journey.

The Seller of the service, namely our Company, reserves the right to refuse your journey if the chauffeur is unavailable or there is a risk to the safety of the passengers or the chauffeur.

Article 9: Availability and Refunds

If the chauffeur is unavailable, the Customer will immediately be informed of the expected time frames for the service without any charge. If the Customer wishes to cancel the order, they may cancel the booking by a simple request by email, telephone or through our contact form. The Customer may then request a credit for the amount of the service or a full refund and cancellation of the order if they inform us at least 96 hours before pickup.

If cancellation is requested less than 96 hours before pickup, no refund will be issued. However, a refund request may be considered on a case-by-case basis.

Article 10: Payment

Payment is due immediately upon ordering, including for preordered services. The Customer may pay by payment card, PayPal or at the time of pickup by the chauffeur. Cards issued by banks located outside France must be international bank cards (Mastercard or Visa).

Secure online card payment is handled by our payment provider. Transmitted information is encrypted in accordance with industry standards and cannot be read while traveling over the network. Once the Customer initiates payment, the transaction is debited immediately after the information has been verified.

In accordance with the French Monetary and Financial Code, an undertaking to pay by card is irrevocable. By providing banking information during the sale, the Customer authorizes the Seller to charge the card for the stated price. The Customer confirms that they are the lawful holder of the card to be charged and are legally entitled to use it. In the event of an error or an inability to charge the card, the sale is automatically terminated immediately and the order is canceled.

Article 11: Withdrawal Period

In accordance with Article L221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason within fourteen (14) days of receiving the order. The right of withdrawal may be exercised by contacting the Company through a complaint submitted to contact@firstclasspartner-vtc.com.

Customers are informed that, in accordance with Articles L.221-18 to L.221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or shipping process is underway. If the right of withdrawal is exercised within the above period, the price of the purchased product or products and outbound shipping charges will be refunded; return costs remain payable by the Customer.

Products must be returned in their original condition and complete with packaging, accessories, instructions and other components. Where possible, they should be accompanied by a copy of the proof of purchase. In accordance with statutory provisions, you may request the standard withdrawal form to send to us by submitting a complaint to contact@firstclasspartner-vtc.com.

Refund procedure: a refund may be processed after an investigation into the purchased product or products. For further details, submit a complaint to contact@firstclasspartner-vtc.com.

Article 12: Warranties

In accordance with the law, the Seller provides warranties covering conformity and hidden defects in products and services. The Seller refunds the Customer or issues a credit if the services offered do not match the order placed. Refund requests must be made by submitting a complaint to contact@firstclasspartner-vtc.com.

Article 13: Complaints and Mediation

Where applicable, the Buyer may submit a complaint by contacting the Company at contact@firstclasspartner-vtc.com. In accordance with Articles L.611-1 to L.616-3 of the French Consumer Code, consumers are informed that they may use a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code.

If a complaint to the Seller’s customer service department is unsuccessful, or if no response is received within two months, the consumer may refer the dispute to a mediator, who will independently seek to bring the parties together to reach an amicable solution.

Article 14: Termination of the Contract

The Buyer may terminate the order by registered letter with acknowledgment of receipt in the following cases:

  • Delivery of a product or service that does not conform to the order specifications;
  • Delivery after the deadline set when ordering or, if no date was set, more than thirty days after payment;
  • An unjustified price increase or a change to the product.

In these cases, the Buyer may demand repayment of the deposit, together with interest calculated at the statutory rate from the date the deposit was received.

Article 15: Intellectual Property Rights

Trademarks, domain names, products, services, software, images, videos, texts and, more generally, any information covered by intellectual property rights are and remain the Seller’s exclusive property. No intellectual property rights are transferred under these Terms and Conditions of Sale. Any full or partial reproduction, modification or use of these assets for any reason is strictly prohibited.

Article 16: Force Majeure

Performance of the Seller’s obligations under these terms is suspended if an unforeseen event or force majeure prevents their performance. The Seller will notify the Customer of such an event as soon as possible.

Article 17: Invalidity and Amendment of the Contract

If any provision of this Contract is declared invalid, that invalidity will not invalidate the other provisions, which will remain in force between the parties. Any contractual amendment is valid only after a written agreement signed by the parties.

Article 18: Protection of Personal Data

In accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller processes personal data for the purpose of selling and delivering the products and services defined in this Contract. The Buyer is informed of the following:

  • Identity and contact details of the data controller and, where applicable, its representative: the Seller, as identified at the beginning of these Terms and Conditions;
  • Contact details of the data protection officer: …….
  • Legal basis for processing: performance of the contract;
  • Recipients or categories of recipients of personal data, where any exist: the data controller, its marketing departments, IT security departments, departments responsible for sales, delivery and orders, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data concerned;
  • No transfer outside the EU is planned;
  • Data retention period: the commercial limitation period;
  • The data subject has the right to request access to personal data, rectification or erasure, restriction of processing concerning them, the right to object to processing, and the right to data portability;
  • The data subject has the right to lodge a complaint with a supervisory authority;
  • The information requested when ordering is necessary to issue the invoice, as required by law, and to deliver the ordered goods. Without it, the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Article 19: Governing Law and Clauses

All clauses in these Terms and Conditions of Sale, together with all purchase and sale transactions covered by them, are governed by French law. The invalidity of a contractual clause does not invalidate these Terms and Conditions of Sale.

Article 20: Consumer Information

For consumer information, the provisions of the French Civil Code and the French Consumer Code are reproduced below in translation:

Article 1641 of the French Civil Code

The Seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or impair that use to such an extent that the Buyer would not have purchased it, or would have paid a lower price, had they known of the defects.

Article 1648 of the French Civil Code

An action arising from defects giving rise to rescission must be brought by the Buyer within two years of discovery of the defect. In the situation provided for in Article 1642-1, the action must be brought, on pain of being time-barred, within one year of the date on which the Seller may be discharged from liability for apparent defects or apparent lack of conformity.

Article L.217-4 of the French Consumer Code

The Seller delivers goods conforming to the contract and is liable for any lack of conformity existing at delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where installation was assigned to the Seller under the contract or carried out under the Seller’s responsibility.

Article L.217-5 of the French Consumer Code

Goods conform to the contract:

1. If they are fit for the purpose normally expected of similar goods and, where applicable:

  • Correspond to the description given by the Seller and possess the qualities presented to the Buyer in the form of a sample or model;
  • Possess the qualities that a Buyer may legitimately expect in light of public statements made by the Seller, producer or representative, particularly in advertising or labeling;

2. Or if they possess the characteristics mutually agreed by the parties or are fit for a particular purpose sought by the Buyer, made known to the Seller and accepted by the Seller.

Article L.217-12 of the French Consumer Code

An action arising from lack of conformity is subject to a limitation period of two years from delivery of the goods.

Article L.217-16 of the French Consumer Code

Where the Buyer requests from the Seller, during the commercial warranty granted on the acquisition or repair of movable property, a repair covered by the warranty, any period of unavailability of at least seven days is added to the remaining warranty period. This period runs from the Buyer’s request for repair or from the date the goods are made available for repair, if that date is later than the request.

Read the original in French