Terms And Conditions

Terms and conditions
The website EcoTruck Pooling, 6 Place Germaine Tailleferre, 78180 Montigny le screen text, represented by Mehdi Bouretima (Co 2IIBM Holding), (hereinafter referred to as "EcoTruck Pooling") maintains a website (the "platform carpooling") offering a mediation service for carpools.
EcoTruck Pooling allows access to the website and use it on the basis of these terms and conditions ("GTC"). The CG define the relationship between EcoTruck Pooling as director of the website and the users registering it.
1. User account, conclusion of contract
1.1 Users may register on the website and access the full offer. Registration and maintenance in force of the usage agreement pose for as long as the user specifies correct and complete data, particularly as regards its active email address.
1.2 The user is free to choose a username and a password to convenience during registration. The user agrees not to disclose his password to third parties and to prohibit any access to user area of ​​the offer to third parties through its access data.
1.3 The contract comes into force due to sending the user registration form (contract proposal) and the confirmation of registration by EcoTruck Pooling (acceptance of the offer) in an email communicating access that will allow the user to open the session.
2. Description of services
Pooling EcoTruck puts an independent carpool platform available to users on ridesharing sites in France and Europe. The carpool platform allows users to search for carpools proposed by other users and trips organized by external partners (the "basic service").
The offer covers only the carpools mediation. Transportation contracts and other contracts for carpooling are exclusively made between the path of the service provider (the "driver") and the user accepting the offer (the "passenger").
2.1 Possibility of use without registration
Registration is normally not required to use the basic service of the carpool platform. The advantage of registered users is that you can access numerous additional functions available exclusively.
2.2 Additional functions for registered users
An additional feature is the use of internal e-mail system using the user in relation to other users (registered).
Only registered users can post carpooling offers.
Other additional benefits arising from a reservation and integrated payment system that allows the user to make an online reservation carpools and then to the online payment of the journey. The driver decides to integrate the reservation system in its carpool offer. The passenger can use this booking system if it responds to a bid integrating this reservation system offering the driver supply. The driver is also free to choose to integrate the payment system in its offer.
The integration of booking and payment system is nevertheless necessarily imposed by EcoTruck Pooling for all trips.
The obligation to pay the fare derives from the integration of the reservation system and / or the payments system in the carpool offers the driver. Details of the obligation to pay the price of the trip are highlighted for the driver with the publication of the offer and for the passenger at the time of booking. Pooling EcoTruck expressly reserves the right in future to change the combination of additional functions and / or obligations to fulfill the resulting fare.
2.2.1 Information specific to the reservation system
The publication of a carpooling by the driver can not take the place of binding offers to conclude a contract of carriage. Only the carpool passenger's request takes the place of binding offers for the driver subject to behavioral obligations (recognized by the passenger in the booking process, refer to figure 3.2); EcoTruck Pooling is not involved in these agreements. The transport contract becomes valid when the driver confirms the offer of the passenger. Passengers requesting the reservation automatically acknowledges receipt of a negative response if the driver does not confirm the reservation request within 24 hours after sending the request. The passenger can not turn against the driver in such a case, since he was only a passenger's contract proposal that the driver is not obliged to accept. When used without integration of the offer of the reservation system and / or payment, the passenger normally pays the credit card operator, Visa, PayPal, master card, etc ...
2.2.2 Specific Information payment system
Passengers may use different payment methods online to meet the expenses of the journey: via Paypal, or (3) by credit card. EcoTruck Pooling reserves the right to introduce other methods of payment or to cancel existing methods. Online payment methods may vary from country to country. The conditions of each vendor payment service shall, in addition to these GTC, payment. Pooling EcoTruck therefore provides the interface to the offers of the respective service providers in this context.
When paying via PayPal, the passenger pays the expenses of the journey to a PayPal account carpooling; EcoTruck Pooling cash the amount due under the mediation of the route (the "commission fees") deducted from the amount to be paid and then pay the remaining amount to the respective account specified by the driver.
These provisions also apply to a bank transfer: the passenger proceeds to transfer the expenses of a trip carpool account; Pooling EcoTruck deducts the commission fee of the amount paid and proceeds to transfer the remaining amount to the account of the driver.
When a credit card payment, the costs of the trip are charged to the account of the passenger's credit card. This amount is credited to the account EcoTruck Pooling deducts the commission fee of the amount paid and proceeds to transfer the remaining amount to the account of the driver.
EcoTruck Pooling uses an Internet payment service provider that is responsible for preparing various functions of the payment of the amounts or proceeds directly to the payment depending on the selected resolution.
2.2.3 Reservations, cancellations and delays
Passengers can book a seat in the driver's car via the reservation system. Such a reservation is done when the driver confirms the passenger reservation request ("Booking Confirmation"). The reservation does not occur if the driver does not accept the reservation request in the space of a confirmation period (see deadlines below) or refuses.
Removing and rejection of a reservation request
- The passenger may withdraw its reservation request ("withdrawal") at any time and obtain restitution of payments previously made through the booking system until the driver has not yet confirmed the booking request.
- Payments made by the passenger via the booking system will be refunded assuming that the driver refuses the reservation request ("release").
- A reservation request unconfirmed by the driver in the course of the period provided for this purpose is automatically rejected ("automatic discharge"). Payments made via the reservation system are reimbursed to the passenger.
Canceling a reservation
The driver and passenger can cancel a reservation previously made at any time ("cancellation"), knowing:
- That payments made via the reservation system are refunded if the passenger cancels the reservation on time. No assessment can be presented by the driver or the passenger in such cases.
- That payments made via the reservation system are reimbursed to the passenger if the driver cancels the reservation on time. No assessment can be made by the driver and passenger in such cases.
- As the driver touches the journey still fresh if the passenger does not cancel the reservation on time. The driver has the additional possibility to evaluate the passenger in such a case.
- That payments made via the reservation system are reimbursed to the passenger if the driver does not cancel the reservation on time. The passenger has the additional possibility to evaluate the driver in such a case.
Time
The following deadlines apply for the confirmation of a reservation request by the driver and the cancellation of a booking by the passenger, respectively.
- Reservation made sufficiently in advance before the date of journey:
Deadline for confirmation: the driver has a period of 24 hours to confirm the reservation.
Cancellation deadline: at least 72 hours (3 days) before the ride.
- Reservation made shortly before the trip:
Deadline for confirmation: the driver can theoretically always confirm the reservation request at the latest until 5 minutes before the departure time (24 hours or more); this possibility is, however, more data if the passenger withdraws its bid in advance, because he can not reach the place of departure in the space of the remaining term.
Terms of cancellation: the passenger must withdraw its reservation request if it can not reach the place of departure on time.
2.2.4 Conflicting Situations
The passenger can inform EcoTruck Pooling of non-fulfillment of the trip, though no cancellation pursuant to 2.2.3 Revenue has occurred. In such cases, EcoTruck Pooling creates a conflict situation. As part of such a conflict situation, EcoTruck Pooling decide, after considering the facts, whether the costs of the trip (less commission fees) will be withdrawn from the account of the driver and the passenger or refunded, provided that the amount has not yet been credited to the account of the driver, the payment on the payment account of the driver. EcoTruck Pooling is in principle not obliged to withhold payment of the amounts for the driver in the event of a conflict situation. If EcoTruck Pooling believes that in the context of a specific conflict situation, the fare is not due to the conductor, said conductor is obliged to repay the amount received so EcoTruck EcoTruck Pooling Pooling can refund the passenger.
3. User obligations
3.1 Accuracy and update the user account and trip data
The user is required to indicate the correct data concerning them. This includes the obligation to ensure that these data are always up to date and inform EcoTruck Pooling immediately of any change. This applies to personal data, as well as data all carpool offers and particularly bank details and contact information (mobile number, email address) required for use of the reservation system or payment .
3.2 behavioral Bonds
Each user agrees to comply with the law in force in the use of the carpool platform. This includes, among other things, the prohibition of publishing content advocating violence, harmful to minors, racist or pornographic. Pooling EcoTruck attaches particular importance to respect this principle especially as the carpool platform is accessible to users of all ages.
It is important, in addition to the general rules of law, that users undertake to respect all provisions of French law concerning land transport of persons, and the equivalent provisions of other applicable goals rights, if applicable. The provisions of French law concerning land transport of persons listed.
3.2.1 Prohibition of commercial use
The information published on the carpool platform are only for private purposes. The user is in particular not permitted to draw attention to commercial offers from other providers (eg advertising messages hidden form carpools) as part of carpooling or communication deals with other users .
The commercial proposal of carpools is only allowed in exceptional cases subject to the consideration of the respective law in force and express authorization from EcoTruck Pooling. Business trips are characterized in that the driver provides the profit. EcoTruck Pooling also draws attention to the fact that the French Act on land transport of people imposes the obligation to have a specific authorization for the transport of persons with a special car, if the asking price for the trip is higher than operating costs actually generated.
3.2.2 Prohibition of registration and publication of third party content
It is forbidden to enroll others for carpool platform without the latter are aware of and without their having given their agreement, or publish content on their behalf on the carpool platform.
3.2.3 Prohibition on the use of buses and similar vehicles
It is forbidden to offer carpools in vehicles certified to carry more than nine persons (p. ex. Bus etc.) On the platform of carpooling without authorization express of EcoTruck Pooling.
3.2.4 Technical Attacks
User activity aimed to undermine the operation of the platform carpool or complicate the use of the Offer are prohibited and will be subject to civil and / or criminal by EcoTruck Pooling. This provision includes in particular all possible measures to influence the technical structure or logic of services, as well as automated data input methods such exploration and recovery of data or the use mechanisms, software or scenarios. It is still banned also use the services of the carpool platform for illicit purposes. This implies among other things that the software used in connection with the carpool platform and the information published will be used exclusively for the offer included in the carpool platform and it is forbidden to copy them. Pooling EcoTruck attaches great importance to the protection of personal data of its users. Details regarding the use of personal data by EcoTruck Pooling.
3.3 reciprocal behavioral Rules
Users agree to respect the rules of behavior listed below them. These rules are agreed between the provider and users of carpools made via carpool platform.
3.3.1 Basic rules concerning transport
- The passenger and the driver should be at the agreed place five minutes before the appointed time.
- The passenger and the driver agree to wait at the agreed place and expect each other for a period of 15 minutes maximum in case of slight delay.
- The passenger and the driver agree to contact each other by telephone or other (internal messaging system, email) as soon as a delay is likely to occur and before the delay takes place.
3.3.2 Making contact
Making contact with others (either via the integrated messaging system or by email or other forms of communication) is exclusively licensed exclusively eligible to suit carpools.
3.4 Evaluation system and sanctions
EcoTruck Pooling allows users to assess one another - both positively and negatively - to ensure that highly reliable drivers or passengers may be identified as such. EcoTruck Pooling also reserves the possibility to express evaluations (positive or negative in nature) with knowledge of facts justifying such a procedure according EcoTruck Pooling. The passenger and the driver can get in touch with EcoTruck Pooling and comment on the cause. EcoTruck Pooling provides a process so that both users (especially one that evaluates the estimated user) take a position as to the facts and EcoTruck Pooling then decided to cancel the recorded data, if any. EcoTruck Pooling reserves the right, assuming that a user is distinguished by a particularly negative behavior (usually more than 10 negative assessments relevant), to block the user.
4. Rights related content
4.1 The user concedes the limited right of use, revocable, transferable respective information related to carpool platform EcoTruck Pooling due to the publication of information in connection with carpooling offers. The concession includes the right to reproduce the information in the framework of partnership programs. EcoTruck Pooling requires all operators of such partnership programs will display the information on their website temporarily and not permanently.
4.2 Each user must guarantee regarding the content and materials, that they are free of any rights of third parties and are not likely to affect the rights of third parties. It releases EcoTruck Pooling all claims that third parties might bring against EcoTruck Pooling because of published content and materials, including appropriate costs caused by a possible legal defense.
5. Remuneration, payment processing
The use of the basic functions of the carpool platform is free. EcoTruck Pooling reserves however the possibility of transforming the current Free or partially free duties paid features in the future. Provided that other developed EcoTruck Pooling offers and paid services and integrates the platform of car sharing, the user will only be required to bear the costs if it presented an appropriate statement regarding EcoTruck Pooling in hypothesis of the entry into force of a modified form of CG, without the user having made use of the possibility of opposition against integration (refer to figure 11.3).
Some additional features are already paying: commission fees are due to the cumulative use of the booking system and payment of the amount specified in the booking process when performing the contract between the driver and the passenger (see above, Figure 2.2.1). The obligation of the driver and / or passenger to pay the price of the trip may occur if the driver decides to integrate the reservation system and / or payment in his offer or if EcoTruck Pooling has provided for the compulsory integration in the reservation system and / or payment of the journey. Details of the obligation to pay the price of the trip are highlighted for the driver with the publication of the offer and for the passenger at the time of booking. Pooling EcoTruck expressly reserves the possibility of changing the combination of additional functions and / or obligations to fulfill the path of the resulting price in the future.
6. Warranty, liability
6.1 Scope of the Guarantee
Pooling EcoTruck door does not guarantee the correct and permanent operation of uninterrupted use respectively and accessibility of the platform carpooling, since no one can exclude a server malfunction or technical changes in quality accessibility of the carpool platform.
6.2 Surveillance Obligations
EcoTruck Pooling is not obliged, as service provider of quality in the spirit of the French Act on electronic media, to monitor the information transmitted by users or those registered or put themselves in the search subject to circumstances unlawful acts. Pooling EcoTruck undertakes, however, provided that such acts are brought to the knowledge of EcoTruck Pooling, to check the facts and elements to remove, respectively to block illegal content immediately.
6.3 Liability of the user carpool platform
Compared to platform users carpooling, EcoTruck Pooling is unconditionally liable for damages arising from wrongful breaches resulting in fatal injuries, bodily and health, intentional or unintentional breaches of obligations, as well as damage resulting from intentional violation of obligations or fraudulent. EcoTruck Pooling is also unconditionally responsible for any damage resulting from its responsibility under mandatory legal requirements, such as those of the French Law on product liability, as well as in the management of guarantees.
6.4 Liability related to indirect damages
EcoTruck Pooling is liable up to the amount of typical and foreseeable damages under the contract in the event of damage not included in figure 6.3 caused by culpable violation of the legal representatives, senior executives or auxiliary execution EcoTruck Pooling. A liability for consequential damages and lost profits is excluded in all cases of simple negligence or fault - unless there is unlimited liability legal guarantees under the Sales 6.3.
7. Period of validity, termination / measures in case of user's failure to meet its obligations
The contract for using the carpool platform is passed indefinitely.
7.1 Ordinary Termination
The user EcoTruck Pooling and are authorized to issue an ordinary termination of the contract of use at any time upon seven days notice. The easiest way to terminate the contract of use is to click directly on this link: http://europe-carpooling.com/refund-cancellation-policy.
7.2 Extraordinary Termination
EcoTruck Pooling is also authorized to issue an immediate effect termination of the contract of use if the user departs several times to terms of use via insulting publications or violates the conditions of use in another way, s' it does not eliminate that failure despite its formal notice and the concession of a time for responding if the failure repeats, respectively.
7.3 Consequences of Termination
Pooling EcoTruck conducts a track logging data in anonymous form after the expiry of the legal relationship resulting from the contract. Details regarding the use of personal data of the user.
7.4 Suppression of certain services, disabling accounts
EcoTruck Pooling reserves the right, before delivering a final contract termination in cases cited in figure 7.2, to exclude without delay one or more services of the offer for the user and disable the user account temporarily or permanently.
7.5 Other measures in case of user's failure to meet its obligations
EcoTruck Pooling is authorized to initiate special measures to certain carpooling offers or other publications, provided EcoTruck Pooling considers that such a procedure is necessary and appropriate. The respective measures may concern:
- The cancellation of a carpooling;
- The cancellation of messages;
- Cancellation of assessments.
The power to impose a termination under Chiffe 7.1 or 7.2 and the rights inherent to figure 7.4 are not affected.

8. Right of withdrawal
8.1 Specific Information right of withdrawal
8.1.1 Right of withdrawal
You may revoke your registration within a period of 14 days without giving reasons. The presentation of revocation is also possible in another way (p. Ex. By mail, fax or email). The short withdrawal upon receipt of this warning your rights in text form, but not before the conclusion of the contract and not before fulfilling our information obligations under Article 246, paragraph 2 in conjunction with Paragraph 1, paragraphs 1 and 2 of the Introductory Act to the Civil Code French. Shipping in time the withdrawal is proof of compliance with the withdrawal period. The easiest way to revoke the contract is to send a letter to:
Pooling EcoTruck
support@europe-carpooling.com
8.1.2 Consequences of cancellation
Benefits received by both parties, as well as the profit possibly derived from the use (eg interest) must be returned in the event of a valid withdrawal. You might be obliged to reimburse us for the value, if you are unable to restore to us the benefit received and uses (p. Ex. The benefits of the use), fully or partially, or if you we can only return them in an altered state. This could include that you must nevertheless fulfill your contractual payment obligations for the period until the withdrawal. The deadline for fulfillment of obligations for reimbursement of payments is 30 days. The period runs from sending your withdrawal and return for you from receipt of the statement for us.
8.1.3 Specific information
Your right of withdrawal expires prematurely, assuming that the contract has been fully completed by both parties by following your express request before you have exercised your right of withdrawal.
End of information on the right of withdrawal
8.2 Exclusion of the right of withdrawal with regard to contracts between users
The affected users expressly recognize the absence, under the current legal situation, a right of withdrawal in respect of EcoTruck Pooling regarding the respective benefits of mediation EcoTruck Pooling about the carpools or contracts to switch between users (transport contracts for example). Information about the right of withdrawal does not therefore apply to this provision of EcoTruck Pooling, since a right of withdrawal does not exist in this context.
9. Newsletter
The user can accept regular sending an information circular (Newsletter) as part of registration. Specific details to consent and use of personal data of the user contained in the Privacy Policy. The user can cancel the sending of the newsletter if it no longer interests at any time through the settings of his user profile.
10. Protection of privacy against abuse of computers
Pooling EcoTruck attaches great importance to the protection of personal data of its users. It follows that personal data is theoretically always captured and processed in accordance with the computer law and liberties in force. The user is aware that it publishes personal data via the publication of its offering and that this data is visible on all pages of the carpool platform (see Figure 2), including non-registered users.
The principles of use of personal data by EcoTruck Pooling contained in the privacy statement made available. EcoTruck Pooling uses external service providers for the provision of certain benefits or partial benefits with access to personal data of users, if appropriate. Pooling EcoTruck selects those providers with great care and submit their powers to a severe surveillance. The respective providers and personal data processed by them are also on the privacy policy.
11. Final Provisions
11.1 These GTC have a finality about the offers of EcoTruck Pooling accessible via various fields. Assuming that any provision of these Terms of Use is found fully or partially inoperable, the validity of the remaining provisions will not be affected and they will retain their full force and scope.
11.2 These GTC are governed exclusively by the laws of the French Republic. The provisions of the United Nations Convention on international contracts of purchase and sale of goods are excluded. It is made allocation of exclusive jurisdiction to the competent courts, provided that the user does not have its domicile in France or Europe at the time of the introduction of the lawsuit.
11.3 EcoTruck Pooling reserves the privilege to reform the provisions of these GTC at any time without giving reasons in compliance with the prerequisites set out below. Any changes to the description of benefits under the Number 2 of the GTC is expressly excluded from the reformation of power. Pooling EcoTruck undertakes to communicate the reformations and / or exceptions to the promised benefit to the user by email and offer to continue the contract of use given the changed conditions. The CG Reformed are definitely agreed with the user if the user does not object to the validity of the new GTC within the space of a period of six weeks from receipt of the email. EcoTruck Pooling is free to issue an ordinary termination of the legal relationship resulting from the contract under the Sales 7.1, assuming that the user objects to the validity of the new GTC within the space of six weeks.
11.4 EcoTruck Pooling records these conditions of use, of same as other data of the contract of Use after conclusion of contract. The respective current version of the GTC is downloaded to the user at any time.
Status in June 2015
This text was originally written in French language and has been translated into various languages ​​for our users not French. In case of dispute, the French version prevails. Translation into other languages ​​are free and without legal value.