These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) govern the relationship between FRANCEBUS and the Customer wishing to place an order with FRANCEBUS in order to benefit from its Services, regardless of the ordering method chosen.
These General Terms and Conditions are attached to the Quote and constitute the “Contract”. The contractual relations between FRANCEBUS and the Client are exclusively governed by the provisions of the Contract.
These General Terms and Conditions cancel and replace any prior verbal or written agreement relating to their subject matter and prevail over all general purchasing conditions of the Customer, and more generally over any document issued by the Customer, unless formally and expressly waived by FRANCEBUS.
Upon acceptance of the Quote made by FRANCEBUS, the Customer will be invited to accept these General Terms and Conditions by signing them. If the Customer fails to adhere to and accept without reservation all of the provisions of these General Terms and Conditions, no Order may be executed on behalf of the Customer.
By signing the T&Cs, the Customer acknowledges having read, understood and accepted these T&Cs which will apply to all sales that may occur between the Customer and FRANCEBUS.
These T&Cs are binding on the Client from the moment they are accepted.
Article 1 – Definitions
Transport charter : designates all the rules of good conduct applicable to the Services offered by FRANCEBUS, to which the Client agrees to submit for the proper execution of the Service.
Customer: means any natural person aged 18 (eighteen) years or over, legally capable or any legal representative of a legal entity duly authorized to act in the name and on behalf of the latter, who wishes to benefit from the Services of FRANCEBUS, on his own behalf and/or that of his Passengers, and whose identification data are indicated on the Quote.
Consumer client: means any Client acting for non-professional purposes, namely any person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity or any legal entity which does not act for professional purposes.
Professional client: means any Customer acting for professional purposes, i.e. purchasing within the framework and for the needs of his profession.
Order : means the Provision of services ordered by the Client.
CONTRACT : means all contractual documents, and any amendments or annexes thereto, concluded between FRANCEBUS and the Client within the framework of the execution of the Services, as defined in article 2 of these General Terms and Conditions.
Request: means any request for the Provision of Services made by the Client to FRANCEBUS.
Estimate: any technical and commercial proposal from FRANCEBUS relating to the Services ordered by the Customer. The Services mentioned in the Quote are estimated on the basis of the declarations made by the Customer, listed in their Request.
Donnee has characterere staff : means any information relating to a natural person which allows them to be identified directly or indirectly.
FRANCEBUS: means the simplified joint-stock company (SAS) FRANCEBUS, registered with the RCS of Antibes under number 520 920 521 00058, with share capital of €16,500, whose registered office is located at 2791 Chemin Saint Bernard (Building B) – 06220 Vallauris, represented by its President France CAP (SIRET n°882 151 335 00024) itself represented by its President, Mr. Fabrice Dessaint.
Price list : means all rates applicable to the Services offered by FRANCEBUS and taxes, fees and/or additional costs that may be invoiced to the Client due to the terms of execution of the Service.
Passenger: means the person who benefits from the Service ordered by the Client (himself or a third party) from FRANCEBUS.
Price : means the price including all taxes (TTC) offered by FRANCEBUS for its Services, including the costs associated with the Service (e.g. administration fees, parking fees, airport tax, accommodation fees, driver meal costs, etc.).
Benefit : means all the Services whose performance is assumed by FRANCEBUS in France under this Contract, as provided for in the Quote.
Service: designates all the services offered by FRANCEBUS relating to the transport of people in France.
Customer Service: means the support service available via the Site contact form or by email: info@francebus.com. This service allows the Customer to obtain information concerning the Site, the Services or their Order.
Site : designates the FRANCEBUS website accessible at the following address: https://francebus.com/.
Article 2 – Contractual documents
The Contract is made up of the following contractual documents, presented in hierarchical order of decreasing legal value:
In the event of any conflict between any one or more provisions contained in any of these documents, they shall be interpreted in the order indicated above.
In the event of a contradiction between one or more provisions appearing in a document of the same rank, the most recent document shall prevail if it has been validated by both Parties.
It is specified that these documents may change during the execution of the Contract and that only their latest version, formally accepted by the Parties, has the value of a contractual document.
Article 3 – Purpose
The purpose of the Contract is to define the rights and obligations of the Parties within the framework of the Services provided for the Client as provided for in the Quote.
It prevails over any other document, and in particular the Customer's general purchasing conditions or any prior agreement, verbal or written.
No special conditions other than those of FRANCEBUS may, except with the formal and written acceptance of FRANCEBUS, prevail over this Contract.
The General Terms and Conditions are binding upon signature by the Client and are freely accessible on the Site.
FRANCEBUS will make the latest version of these T&Cs available to the Customer on the Site and will provide a copy of this version if the Customer requests it.
FRANCEBUS reserves the right to deviate from certain clauses of this document, depending on the negotiations conducted with the Client, by establishing specific sales conditions which will appear, where applicable, on the Quote provided to the Client.
Article 4 – Services offered by FRANCEBUS
The Services offered by FRANCEBUS allow the Client to benefit from passenger transport with driver in France and in particular for:
FRANCEBUS may offer the Customer personalized Services, consisting of one or more Services adapted to the Customer's Request, and may as such offer the Customer travel agency services, the terms of which will be provided for later and only upon request and personalized quote.
The types of Services and Benefits that may be offered by FRANCEBUS are listed on the Site and the commercial documents made available to the Customer (e.g. leaflets, flyers, brochures, etc.). They are described and presented with the greatest possible accuracy in order to allow the Customer to know the essential information and characteristics. However, if errors or omissions may have occurred in this presentation, FRANCEBUS cannot be held liable.
The photographs of the Services and Benefits presented on the Site are not contractual and may come from FRANCEBUS partners.
FRANCEBUS offers its Services within the limits of the availability of its Services and in particular that of its vehicles and/or drivers.
The Customer may, as part of the transport services offered by FRANCEBUS, and in addition to these, benefit from Plus Services.
Plus Services are provided on board the vehicle and include in particular:
The Customer must indicate in his Request the Additional Services from which he wishes to benefit so that their cost is indicated in the Quote and they are included in the Service offered by FRANCEBUS.
Article 5 – Tarif
The applicable rates are those displayed by FRANCEBUS on its Price List or presented on the Quote, and confirmed when the Order is validated.
These prices are indicated in euros (€), all taxes included (TTC).
The rates are packages which include the flat rate applicable to the various Services included in the Service depending on its terms (e.g. duration, distance, timetables, route, vehicles and equipment, number of people, etc.), the transport of people in the strict sense, the remuneration of the vehicle driver and motorway toll charges.
All other Services that may be necessary for the performance of the Service will be invoiced to the Client at actual cost. In this respect, the Client is informed that the rates do not include the following costs:
The cost of the Plus Services is indicated to the Customer in the Quote and, where applicable, on board the vehicle. Any consumption of a Plus Service not included in the Service will result in its invoicing at the cost indicated on board the vehicle or, failing that, in the Quote.
FRANCEBUS will make its best efforts to present to the Client an estimate of the additional costs that would be payable by the Client for the requested Service.
All sums owed by the Client for the performance of its Service constitute the Price.
Article 6 – Customer Request
Prior to establishing the Quote, the Customer must submit their Request to FRANCEBUS, either online from the dedicated area of the Site, or by telephone, or by email to Customer Service.
When making his Request, the Client must specify in particular the purpose and characteristics of the desired Service and in particular those relating to:
The Customer declares that he/she has all the necessary authorizations to transmit to FRANCEBUS information relating to Passengers, and in particular the authorization of the holder of parental authority when the Passenger is a minor.
The Customer is solely responsible for the accuracy and use of the Passenger Data that it communicates to FRANCEBUS and guarantees FRANCEBUS against any action that a Passenger may take against it due to the use of the Data transmitted to it in this context.
FRANCEBUS reminds that any minor Passenger must be accompanied by the holder of parental authority and that FRANCEBUS or the driver cannot be held liable if the latter is absent during the performance of the Service.
Article 7 – Edition and acceptance of the Quote
FRANCEBUS establishes a Quote presenting the Services offered to the Client according to their needs, requests and information presented in the Request, which constitute the Service.
The Quote may also present optional Services that may also be offered to the Client as part of the Service if they so wish.
The Quote mentions the estimated Price of the Service, namely the price of the Services included in the Service and, where applicable and as far as possible, an estimate of any Services relating to its performance according to the Client's Request (e.g. Plus Services, airport taxes, driver travel expenses, etc.) as well as the administration fees (non-refundable).
It is also accompanied by the Transport Charter and an extract from the General Conditions of Sale, and an internet link to these General Conditions of Sale. The Customer is reminded that all Services not included in the Service will be invoiced to him at the actual price according to the rate indicated in these documents.
The Quote also indicates, based on the information provided by the Customer, the terms and conditions relating to the Service and in particular, the date(s) and time(s) of pick-up and drop-off, the number of people and luggage, the pick-up and drop-off location(s), the travel program or itinerary. These elements must be confirmed and/or specified by the Customer when accepting the Quote. It is specified that if FRANCEBUS considers that the details provided by the Customer modify its Service, and consequently the Customer's Request, it will establish a new Quote.
The estimated journey times and prices are provided to the Customer for information purposes in the Quote. They are established on the basis of the Customer's Request, the FRANCEBUS price list and taking into account normal traffic conditions. They have no contractual value and cannot engage the liability of FRANCEBUS, in particular if the journey time and/or the Service and/or if the Price of the Service performed were higher.
FRANCEBUS recommends that the Customer take sufficient precautions in their Request in order to limit the consequences of traffic conditions for which FRANCEBUS cannot be held responsible.
Unless otherwise stated, the Quote binds FRANCEBUS, within the limits of the availability of its services, for a period of seven (7) days from its date of issue.
No Service will be reserved and/or carried out by FRANCEBUS without the prior acceptance of the Quote by the Customer or its prior payment.
The Quote is accepted by the Client when the Client has sent to FRANCEBUS:
Acceptance of the Quote also entails the minimum payment of a deposit equal to fifty percent (50%) of the Price in accordance with article 8 of the General Terms and Conditions.
Within 72 working hours following receipt of the accepted Quote and payment of the deposit, FRANCEBUS will confirm the reservation of the Service to the Customer by email. The Order is then validated.
The booking confirmation will indicate the date of the Service, namely the day the Service is performed or, where applicable when the Service takes place over several days, the day on which the Service will begin.
If the Service cannot be booked by FRANCEBUS, in particular due to the unavailability of its services, FRANCEBUS will inform the Customer as soon as possible. The Customer will then have the option to cancel the Service and will therefore be reimbursed for the deposit paid.
Any Order placed by a Professional Customer is deemed to be made in direct relation to the latter's professional activity. It is the responsibility of the Professional Customer to carry out, prior to placing an Order, an analysis of his or her needs and objectives. The Order placed by the Professional Customer is therefore presumed to correspond to the needs expressed. Under no circumstances may FRANCEBUS be held liable if the Services ordered by the Professional Customer do not meet his or her needs and specificities.
Article 8 – Financial arrangements
8.1 Price
The Price of the Service is made up of the price of the Services included in the Service indicated in the Quote and confirmed upon validation of the order, as well as any Services relating to the performance of the Service according to the Client's Request (e.g. Plus Services, airport taxes, driver travel expenses, etc.) as well as the administration fees (non-refundable).
The applicable rates are those displayed by FRANCEBUS in its Price List and/or those indicated on the Quote and confirmed when the Order is validated.
The Price is indicated in euros (€), all taxes included (TTC).
The applicable VAT rate is the rate in effect on the day of the Order, indicated when the Order is validated. Any change in the applicable VAT rate will be automatically reflected in the Price of the Service and the rates for the Services.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether upwards or downwards, this change may be reflected in the Price and rates of the Services.
8.2 Deposit on the Price
The payment of a deposit, the amount of which, calculated on the Price at 50%, will be indicated to the Customer in the Quote and must be made when placing the Order.
FRANCEBUS reserves the right to suspend the reservation of the Service, and consequently the validation of the Order, until the said deposit is received by it.
8.3 Modification of the Price of Services
FRANCEBUS reserves the right to modify the Price of its Services at any time, in particular by modifying its Price List and/or the scope of its Services.
However, any change in Price after validation of the Order has no effect on the Service.
8.4 Reprice reduction
The Customer may benefit from discounts or rebates based on the quantity of Services purchased and their value.
The Customer may also benefit from discounts and rebates due to the frequency of their purchases.
Finally, the Customer will be able to benefit from discounts when promotional operations are implemented by FRANCEBUS and during the various sales periods. Only Services ordered during these promotional operations will benefit from the discounts offered by FRANCEBUS.
8.5 Billing
Once the Order has been validated, FRANCEBUS may send the Customer an initial invoice relating to the Price of the Service ordered, indicating any payment terms.
Where applicable, once the Service has been performed or following cancellation of the Service, FRANCEBUS may send the Customer an invoice relating to the Services owed by the Customer (i.e. those provided or cancelled) which the Customer undertakes to pay in accordance with the terms below.
This second invoice will indicate any additional costs that may be due by the Customer for the execution of his Order (e.g., overruns, modification or cancellation fees, Plus Services, airport taxes, driver travel expenses, etc.).
Invoices are sent to the Customer by email. If the Customer requests it, FRANCEBUS may provide them with a copy of the invoice by post and/or in person.
Unless otherwise stated on the invoices or Estimates, the invoice will be paid by the Customer to FRANCEBUS, subject only to the deduction of any deposits paid, within 30 days net and without discount, from the date of their issue.
8.6 Modalityes of reregulation
Placing the Order implies full payment by the Customer prior to the performance of the Service.
Payment of the Order and Invoices is made either by:
The Customer is solely responsible for the transmission of his banking data.
FRANCEBUS reserves the right to suspend, until payment is regularized, any management and/or execution of the Customer's Order, in the event of refusal of payment authorization by officially accredited organizations or in the event of total or partial non-payment of the Price of the Order.
FRANCEBUS reserves the right to refuse to perform a Service or to honor an Order from a Customer who has not fully paid for their Order or a previous Order, or with whom a payment dispute is currently being administered.
8.7 Pre-bank authorization
The Customer is informed that a request for payment authorization is made, when placing an Order and registering their payment card, to the institution issuing said payment card.
The Customer authorizes FRANCEBUS and its payment service provider to proceed with this authorization request and acknowledges that his Order can only be validated after acceptance of this pre-authorization by the establishment issuing his payment card.
The amount of the pre-authorization in euros depends on the amount of the service reserved, and will refer to the quote or invoice issued for the reservation.
8.8 Late payment
Any unpaid amount (lack of funds, absence of payment, partial payment, etc.) will be considered as late payment, unless a postponement is requested by the Customer and granted by FRANCEBUS, specifically, expressly and in writing.
Without it being necessary for FRANCEBUS to issue a prior formal notice, any delay in payment on the due date will be subject to interest at the rate of three (3) times the legal interest rate from the first day of delay until the effective date of payment. This rate is applied to all sums remaining due by the Customer until full payment of the principal and interest.
In addition, for the Professional Client, reasonable additional compensation may also be claimed upon presentation of supporting documents, when the recovery costs incurred (e.g. bailiff fees, court fees incurred for the purposes of legal recovery, etc.) are greater than the amount of the fixed compensation of forty (40) euros provided for in Articles L. 441-6 and D. 441-5 of the French Commercial Code. By express agreement between the Professional Client and FRANCEBUS, this stipulation does not constitute a penalty clause.
8.9 Degradation of vevehicle
Any damage to the vehicle by the Customer or its Passengers will result in cleaning and/or repair costs for the vehicle at the rates indicated in the FRANCEBUS Price List.
They will be invoiced in accordance with the terms of Article 8.5 and will be payable in accordance with the terms set out in Article 8.6 of these General Terms and Conditions. It is specified that payment may also be made by debiting the bank card provided by the Customer when confirming their Order (pre-authorization).
8.10 Reimbursement
When a refund must be made to the Client, this is calculated according to the terms provided for in the Contract, in particular in the event of cancellation or modification of the Service by FRANCEBUS.
Account creation fees, administration fees, or transaction and payment fees are excluded from reimbursement and remain the property of FRANCEBUS. They may be fixed or amount to up to 3% of the Price.
FRANCEBUS will reimburse the sums paid by the Customer no later than fourteen (14) days following termination of the Contract.
The refund will be made using the same payment method that was used to pay the amounts. If and only if the latter has expired, FRANCEBUS will contact the Customer to make the refund using another payment method and to the extent that the refund does not incur additional costs for FRANCEBUS.
Article 9 – Absence of right of withdrawal
Pursuant to Articles L.221-2 and L.221-18 of the Consumer Code, the Consumer Client does not benefit from the right of withdrawal for Services ordered from FRANCEBUS.
The Professional Customer being a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.
Consequently, the Service is exclusively subject to the conditions of modification or cancellation provided for in these General Terms and Conditions.
Article 10 – Modification of the Service by the Client
Any request for modification of the Service must be made by the Client by e-mail and will be subject to confirmation by return e-mail by FRANCEBUS and, where applicable, to invoicing.
10.1 Modification occurring at least 72 hours before the date of the Service
Any request to modify the Service (e.g. date, time, location, number of people, itinerary, etc.) must be made to FRANCEBUS Customer Service no later than 72 hours before the date of the Service.
It will be subject to confirmation of modification by email and may result in a modification of the Price (e.g. road costs, modification of dates, times, range, and/or distance traveled, modification of the group of Passengers, parking fees and/or additional taxes).
When the requested modification cannot be carried out by FRANCEBUS, in particular due to unavailability of its Services, FRANCEBUS will inform the Customer as soon as possible. The Customer will then have the option of canceling the Service under the conditions set out in Article 10.2 of these General Terms and Conditions.
10.2 Modification occurring less than 72 hours before the date of the Service or course of the Service
Modification of the Service occurring less than 72 hours before the date of the Service or during its execution is not possible.
Therefore, the Client cannot ask FRANCEBUS or the driver performing the Service to modify one of the Services comprising it, whether for example, a modification of the route, timetable, number of Passengers, etc.
If the Client submits such a request to FRANCEBUS or to the driver performing the Service, they are not required to accept it, particularly if it is likely to prevent the performance of the Service and the commitments initially made by the Parties under this Contract.
In any event, the modification of the Service may result in a modification of the Price (e.g. modification costs, price readjustment, etc.).
If the modification requested by the Client results in interrupting or shortening the Service, it will not result in any reimbursement of the sums paid by the Client or reduction in the Price.
Article 11 – Cancellation of the Service by the Client
The Client may cancel the Service at any time upon payment of the cancellation fees.
The request to cancel the Service must be made to FRANCEBUS Customer Service and will be subject to confirmation of receipt of the cancellation request by email, the date of which will be used to calculate the cancellation fees.
If, on the date of the Service, the Customer does not appear at the time and place agreed between the Parties, as mentioned in the Order confirmation, the Service will be deemed to have been cancelled by the Customer on the date of the Service.
Any Service interrupted or shortened due to the Client will be deemed to have been cancelled by the Client on the date of the Service.
Cancellation of the Service by the Client results in the cancellation of all the services that comprised it and the payment of the following cancellation fees:
Article 12 – Modification or cancellation of the Service by FRANCEBUS
12.1 Modification of the Service by FRANCEBUS
When external events impose themselves on FRANCEBUS and do not allow it to perform the agreed Service, FRANCEBUS may modify the Service:
In all cases, FRANCEBUS will inform the Client of the modification made to the Service as soon as possible and by any means allowing it to obtain an acknowledgment of receipt (e.g. registered letter or e-mail with acknowledgment of receipt).
12.2 Cancellation of the Service by FRANCEBUS
When FRANCEBUS cannot perform the Contract due to exceptional and unavoidable circumstances and/or due to the Client, FRANCEBUS may cancel it before the date of the Service and must then reimburse the Client for the sums paid without being required to pay additional compensation.
When the Contract cannot be executed for other reasons, FRANCEBUS may cancel it before the date of the Service and must then reimburse the Customer for the sums paid and pay them compensation at least equal to the penalty that the Customer would have incurred if they had canceled the Service on the same date in accordance with the terms set out in Article 11 of the General Terms and Conditions.
Article 13 – Obligations of FRANCEBUS
FRANCEBUS undertakes to carry out its Services under the conditions provided for under this Contract.
FRANCEBUS is therefore bound by an obligation of means with regard to the performance of the Services covered by this Contract, as defined in the Quote.
In this context, FRANCEBUS undertakes to:
This Contract excludes any notion of provision of personnel within the framework of temporary work regulations.
Any Service requested by the Client during the execution of the Service which does not fall within the scope of the Services included in the Services as defined in the Quote will be the subject of a new Quote and will only be executed after validation of the latter.
Article 14 – Obligations of the Client
The Client undertakes to pay FRANCEBUS the Price set in return for the Service under the conditions provided for in this Contract.
He undertakes to respect the FRANCEBUS transport charter.
The Customer undertakes to provide FRANCEBUS, at the time of its Request or failing that, as soon as it becomes aware of it, with any information that could affect its execution. Where applicable, if this information requires a modification of the Service, it will be at the initiative of the Customer and thus subject to the provisions of art.
The Client undertakes to provide complete banking information and keep it up to date in order to avoid any payment incident.
To this end, he guarantees FRANCEBUS that he has the necessary authorizations to use the bank account chosen at the time of creating his Account and that this bank account provides access to sufficient funds to cover all costs resulting from this subscription.
Validation of the Quote constitutes a guarantee from the Client on these points.
Article 15 – Duration of the Contract
The Contract comes into force on the date of acceptance of the Quote by the Client, stating acceptance of these General Terms and Conditions.
It is concluded for an indefinite period and ends following the performance of the Service.
Subscribing, during the contract, to an additional Service to those provided for in the Service initially subscribed to does not modify the duration or the term of the Contract.
Article 16 – Insurance
The Contract does not include any insurance covering the costs of cancelling the Service, the Client's property, assistance/repatriation in the event of accident, illness or death.
Article 17 – Non-Competition
The Customer is prohibited for a period of one (1) year after the expiry of the Contract, whatever the cause, throughout French territory, from marketing products or services likely to compete with those offered by FRANCEBUS.
Article 18 – Liability
18.1 Provisions generales
The Customer assumes responsibility for the choice of Services they decide to order. Consequently, FRANCEBUS cannot be held responsible under any circumstances for the inadequacy of the Services with the Customer's needs.
In accordance with the provisions of Article L 3142-3 of the Transport Code, FRANCEBUS remains responsible to the Client for the proper performance of the obligations resulting from the Contract.
FRANCEBUS cannot be held liable if FRANCEBUS demonstrates that the non-performance or poor performance of the Contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the provision of the Service reserved by the Customer, or to a case of force majeure.
FRANCEBUS cannot be held liable for any damage suffered during the performance of services ordered directly by the Client from a third party to the Contract.
FRANCEBUS also wishes to remind the Customer that the vehicles used to perform the Service are not subject to specific surveillance and recommends that the Customer does not leave any valuables in them.
18.2 For Professional Customers
Furthermore, for Professional Customers, FRANCEBUS will only be liable for compensation for direct and foreseeable damages in the event of fault on the part of FRANCEBUS proven and justified by the Professional Customer.
Consequently, and in application of article 1231-4 of the Civil Code, FRANCEBUS cannot incur liability for indirect and unforeseeable damages, such as loss of turnover, damage to image, operation, loss of income, data or customers, in relation to or arising from the non-performance or faulty performance of the Services.
The total cumulative liability of the Professional Client towards FRANCEBUS, and vice versa, resulting from a contractual breach, regardless of the method of action or the applicable recovery theory, will be limited, as damages, to an amount not exceeding the Price of the Services in which the damage originates.
This compensation ceiling is not applicable in cases of fraud, intentional fault, gross negligence and in cases of counterfeiting.
Article 19 – Intellectual property
FRANCEBUS holds all intellectual property rights relating to its trademarks, distinctive signs, its commercial documents or any document produced for the performance of its Services (studies, prototypes, sketches, designs or models, etc.), and to the elements that compose them, in particular texts, photographs, images, icons, sounds, videos, software, databases or data.
Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements over which FRANCEBUS has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without the prior written authorization of FRANCEBUS, is strictly prohibited.
Non-substantial reproduction or representation of elements over which FRANCEBUS has intellectual property rights is authorized for strictly private and non-commercial purposes.
Authorized reproduction of elements over which FRANCEBUS has intellectual property rights must clearly indicate the source and the name of the author of the reproduced content.
FRANCEBUS reserves the right to take civil and criminal legal action, particularly for counterfeiting, against any person who, directly or indirectly, infringes its rights.
Article 20 – Personal data
FRANCEBUS strives to protect the privacy of its Customers by complying with the laws and regulations in force, in particular Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms (hereinafter "the Information Technology and Freedoms Act").
FRANCEBUS makes its best efforts to ensure the security of the User's Personal Data by implementing technical, physical, electronic and administrative protection measures proportionate to the risks incurred and in compliance with applicable regulations.
By appointing FRANCEBUS, the Client accepts the rules relating to the collection, processing and use of Personal Data as set out in the Confidentiality Policy relating to personal data processed by FRANCEBUS, available on the Site at the following address: https://francebus.com/charte-donnees-personnelles/
Article 21 – Force majeure
The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence, as well as of their disappearance.
Cases of force majeure are considered to be those usually accepted by case law, namely: events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably have protected themselves and the consequences of which they could only have mitigated by incurring expenses out of proportion to the hopes of financial benefits.
In this respect, the following are expressly considered to be cases of force majeure or unforeseeable circumstances: accidents disrupting traffic, traffic jams of unusual magnitude, blockages of means of transport or supplies, earthquakes, fires or bad weather (e.g. storms, floods, lightning), shutdown and/or malfunction of telecommunications and/or computer networks preventing the availability of the Site, strikes or demonstrations, epidemics or pandemics.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the Contract will be continued. If the force majeure event lasts for more than three months, this Contract may be terminated by the injured Party.
Article 22 – Partial non-validation
If one or more provisions of these T&Cs are declared null and void, pursuant to a law, a regulation or following a final decision of a competent court, they will be deemed unwritten, without resulting in the nullity of all of these T&Cs by which FRANCEBUS and the Customer will remain committed to each other.
If necessary, FRANCEBUS and the Client undertake to negotiate in good faith the provisions necessary to replace the stipulations which may have been subject to cancellation or invalidation for any reason whatsoever.
Article 23 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these T&Cs cannot be interpreted for the future as a waiver of the obligation in question.
The fact that a party does not claim the application of any provision of these T&Cs or tolerates their non-performance temporarily or permanently, may not under any circumstances be interpreted as a waiver by this party to exercise the rights it holds under these T&Cs.
The fact that a party tolerates a non-performance or imperfect performance of any contractual obligation referred to in these T&Cs or more generally tolerates any act, abstention or omission of the other party which does not comply with the contractual provisions cannot confer any right whatsoever on the party which benefits from such tolerance.
Article 24 – Titles
The headings and subheadings appearing in these T&Cs are included for convenience only.
FRANCEBUS and the Customer acknowledge that these headings and subheadings may not, under any circumstances, be used to interpret any provision of these General Terms and Conditions. In the event of a contradiction between any of the headings of articles and any of the stipulations, the headings shall be declared non-existent.
Article 25 – Mediation for Consumer Customers
In the event of a dispute, the Consumer Customer must first contact FRANCEBUS Customer Service.
In the event of failure of the complaint request to Customer Service or in the absence of a response from this Service within two (2) months, the Consumer Customer may submit the dispute relating to the Contract opposing him to FRANCEBUS to the CMAP Mediator who will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.
The Consumer Client may contact the aforementioned mediator using the following contact details: cmap@cmap.fr
To submit a mediation request, the Consumer Client has a complaint form available on the mediator's website: https://www.cmap.fr
For any additional information, the Consumer Client is invited to visit the Mediator's website accessible at the following address; https://www.cmap.fr
The Parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 26 – Applicable law, election of domicile and jurisdiction
The Customer elects domicile at the postal address provided during his Request and FRANCEBUS at its head office.
This Contract is governed by and subject to French law.
Any dispute relating to the conclusion, interpretation, execution or termination of the Contract will be subject to a search for an amicable agreement.
Any dispute which may arise between the Parties as a result of the conclusion, interpretation or execution of the Contract shall be submitted to the competent jurisdiction:
within the jurisdiction of the head office of FRANCEBUS, when the dispute arises between a professional Client and FRANCEBUS
of the place of domicile of the defendant or that of the place where the Service is performed, when the dispute arises between a Consumer Client and FRANCEBUS;
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