Lʼentreprise REJIM TRANSPORT VTC carries out transport services by means of Vehicles of Transport with Driver (VTC), exclusively on reservation and at a previously defined price. The registered office of REJIM TRANSPORT VTC is located at 13 rue Jules Froment, 69008 Lyon.
Lʼentreprise REJIM TRANSPORT VTC is registered in the trade register under the number 828 586 271 and in the Ministry of lʼEnvironnement, lʼénergie and the Sea ” Registre des Exploitants de Voiture de Transport avec Chauffeur du Ministère de lʼEnvironnement, de lʼénergie et de la Mer “.
www.magic-vtc.fr/com is a commercial entity supervised by lʼentreprise ” Rejim Transport vtc. »
1 – PURPOSE
The purpose of these General Conditions is to define the conditions applicable to contracts for transport services concluded between www.magic-vtc.fr/com and its customers. By using the services of www.magic-vtc.fr/com, the Customer is presumed to have read these General Terms and Conditions of Sale and to have fully accepted them. This sales contract is a contract with commitment.
The reservation entails a firm commitment by the seller and lʼacheteur concerning :
– lʼobligation dʼacheter for the consumer ;
– and that of providing the goods, or the provision of services for the merchant.
It nʼy has in principle no possibility of forfeiture for the customer. Consequence: If you refuse dʼexécuter the contract, you not only lose lʼacompte (if deposit paid), you must pay the total bill if lʼoption of payment has been chosen in the form of “payment on board” under penalty of grievance.
but in addition the merchant can demand lʼexécution from the contract and claim damages in case of default.
2 – FORMATION OF THE CONTRACT FOR THE PROVISION OF TRANSPORT SERVICES
You accept the general conditions of sale by validating a quote, by making a reservation whether by telephone, by e-mail, on the site or on lʼapplication under tacit agreement or by validating the box ” jʼai read and approved the GCS ” on the site or by filling in a payment notice with signature preceded by dʼune box with the following mention ” jʼai read and approved the general conditions of sale. “The Customer can make a service request 24 hours a day, 7 days a week on the website www.magic-vtc.fr, by email, email@example.com, on lʼapplication or by telephone on +33 7 69 14 29 28/+33 4 69 96 49 00. The customer provides all the information concerning his request for service. He is solely responsible for this information, the following of which is considered essential to the contract: date of the transport service, place of pick-up, place of drop-off, pick-up time, number of passengers (adult/child), number of luggage(s), nature of the service (transfer, provision). www.magic-vtc.fr/com sets the price of the service based in particular on the information provided by the Customer.
Payment of the price is made by credit card via a secure electronic system. By communicating his bank details, the Customer accepts in advance and without condition that www.magic-vtc.fr/com proceeds with the secure transaction and authorises his bank in advance to debit his account for the amount of the service. After confirmation by the Customer of his request for service and payment of the price, www.magic-vtc.fr/com will send him, in return, by e-mail only, a reservation form summarising the information relating to the service.
The customer is responsible for verifying the information on the booking form. In case dʼimpossibilité for www.magic-vtc.fr dʼenvoyer by e-mail the said reservation form, the reservation is presumed to be in conformity with the customer’s request.
3 – RATES
www.magic-vtc.fr/com sets the price of the service according to the information provided by the Customer. The prices indicated in our tariffs include VAT at the rate fixed by the regulations in force for transport services (10% for transfers, 20% for provision), driver service, fuel and unlimited insurance of the persons transported, tolls are included in the transport.
Expenses payable under the terms of the GTC: vehicle damage, parking fees, waiting fees, travel expenses, dynamic pricing, night rate, approach rate, empty return, detour, regulation vehicle range fees, reservation fees, cancellation, postponement, animal fees and valet or concierge service, regulation fees for us belle course or request for service of any kind.
Method of calculation for the deposit: dʼestimation rate for the outward transfer for a fixed price and not fixed (for payment on board) or dʼestimation rate for a fixed price and not fixed dʼapproche rate or empty return of the transfer + (or not) 50% of the reservation fees of the price excluding VAT of this rate = amount of the deposit to be collected as a result of the various fees payable. The deposit is
rounded up to the nearest ten, a hundred to the nearest thousand.
Details of fees payable :
In accordance with the Consumer Code – Article L112-3: Only the variable 15% to 50% reservation fees are not included in the price, as well as any costs related to traffic and delay surcharges, dynamic pricing (linked to lʼoffre and the demand or nightly high at dʼun coefficient of 1.4) or the fare dʼapproche, the return or empty fare (dʼapproche fare): both fares are less than or equal ( 0% to 100%) to the dʼestimation fare proposed for the transfer. Expenses payable under the terms of the GTC: vehicle damage, parking fees, waiting fees, travel expenses, dynamic pricing, night rate, approach rate, empty return, detour, regulation vehicle range fees, reservation fees, cancellation, postponement, animal fees and valet or concierge service, regulation fees of us belle course or request for service of any kind.
The packages offered by the platform are considered as a fixed estimate and are not fixed prices, so they include a specific travel time and a specific number of kilometers calculated by Google Maps mapping integrated into the price simulator on the site www.magic-vtc.fr/com.
Beyond this estimate the fixed price will be exceeded and the customer will be considered as out of the fixed price.
Reminder of the thermal package:
“The package is a pricing element, defined at lʼavance and independent of the quantities consumed or produced.
It can also be the fixed term dʼune mixed pricing which then also includes a variable term for quantities exceeding a certain threshold.
Conclude flat-rate nʼempêche not to take into account lʼinflation by a revision formula.
This term can be used, for example, in the following cases:
telephone flat rate, internet flat rate, including either a minimum number of minutes (fixed term) or a subscription for the duration independent of actual consumption
flat rate of hand dʼœuvre or travel expenses, independent of the duration of the work carried out in a range of predefined services, or coming sʼy add incompressibly.
dʼabonnement ski pass to the ski lifts in alpine resorts, often sold by the day regardless of the number of trips made. »
On some order form will be written next to the price the mention “HF” which means “Excluding charges. “But this will not be systematic. All order forms will hereby indicate an HF price. On your first purchase orders will be registered only the price including all taxes dʼun transfer quʼil either in Go or Return but never the prices of the expenses which sʼajoutent in more because we cannot foresee the real costs which will be engendered thereafter. The total price and TFC (all expenses included) of the race will really be noted quʼapres the service provided. Booking fees depend on certain factors. The rate of these costs are fixed to cover the time of the switchboard, site maintenance, order form, billing and booking. They are calculated according to the market fees of the independent secretarial sector. The return empty fees or dʼapproche fees will depend on the booking schedule, the late, night or traffic surcharge will depend on the traffic or the delay of the client as well as a deposit where during the transaction will be blocked of the total amount of all these fees to lʼaide dʼune bank imprint, part or all of the deposit will be cashed depending on the various factors above including where the client would not show up on the day of booking. In this case the deposit will be cashed in full. All these fees are variable. The proposed prices are linked to two types of vehicle in transfer: ECO sedan class (type Mercedes Benz CLA) and VAN (type Mercedes Benz CLASS V). The nʼest package is only applicable for the eco sedan vehicle. The NPV pricing is at lʼhorokilometrique. Any time if the customer does not book within the time limit (24 hours before) lʼhorokilometrique will be applicable in particular to the eco sedan. Pricing varies according to the season, please refer to the price list:
https://www.magic-vtc.fr/tarifs-devisgratuitenligne/. The business class will be at the same price as the NPV. Model of vehicle type “Mercedes-Benz E-Class”. Thus if there is a lack of eco vehicle a business class vehicle will be sent to you for your pick-up and sʼajouteront charges in addition. What the extra package includes: traffic surcharge, delay surcharge, availability surcharge, night surcharge, surcharge linked to a dynamic pricing system that varies according to lʼoffre and demand and whose coefficient can be freely chosen by the driver (the dynamic pricing system includes, in particular for cases of force majeure, the maximum number of passengers per vehicle).
the reservation fee, the dʼapproche fare, the empty return fare, luggage service or other services such as signage, valet parking etc… This type of fare is variable and free by the driver. The booking fees, delay fees, traffic fees, dynamic pricing, luggage service, other services not included in the package offered by the platform or the night surcharge will be charged on board the vehicle or by direct debit as any type of booking quʼelle is already paid or not will make lʼobject dʼune bank imprint to prevent any act of prejudice, particularly “no show”, the withdrawal or payment on board the vehicle will be justified at the customer’s request by e-mail with a global invoice including the booking fees and dynamic pricing, under simple notification without specifying the global cost or with a second order form presented on board the vehicle by the driver or by e-mail expressing the total cost of your tariff. Parking fees are not included in the service either.
The packages are applicable only when the customer reserves 24 hours at lʼavance.
Lʼempreinte bank Lʼempreinte will also be used to collect lʼacompte equivalent to the sum of the invoice if the latter is reserved before quʼelle is paid by credit card or if the customer chooses the payment on board.
4 – PAYMENT
You hereby authorize the company REJIM TRANSPORT VTC as well as the platform WWW.MAGIC-VTC.FR/COM to submit your payments by all these means of payment: Accepted methods of payment: Cash, bank transfer, checks, credit cards (Visa, MasterCard, Amex etc.. in VADS or VAD). Any transport service by transfer or provision is payable with the order. Remote payment over the phone by providing us; copy of dʼidentité card, bank card and lʼavis payment card completed and signed.
By accepting the general conditions of sale, the customer authorizes lʼutilisation of his bank card as well as the saving of his data for the remote payments and for dʼautres potential reservations as well as for all the expenses which will come sʼajouter after the service and once this one is established within an indefinite authorized limit. The customer hereby agrees to the storage of all his personal information for potential commercial purposes.
Payment on board: As in all businesses, when you book nʼimporte which service the merchant will always ask you for a guarantee. In this case it sʼagit of the car rental with driver with a facility of “payment on board. “So it goes without saying that lʼentreprise will ask for a guarantee which will allow you to have a driver on top of that. An email will be sent to you with a payment notice to be filled in and returned to us signed, with a photo of your part dʼidentité or a secure transaction link in order to deposit the guarantee or to pay a deposit ranging from 15% to 100%.
Lʼentreprise REJIM TRANSPORT VTC reserves the right to deduct any sum plus compensation costs on the basis of the information provided by the customer in case of fraud (grivélerie or trickery).
The payment on board is considered as a commercial gesture and postpones the payment of the outward journey until the performance of the service. If the customer wishes to cancel the trip, the customer must pay the full price of the trip.
For payments on board a guarantee will be required, it sʼagit dʼun bank guarantee in the form of a pledge that will guarantee the ability dʼun customer to pay the costs in case of charges due under the terms of the GTC: damage to the vehicle, parking fees, waiting fees, travel expenses, dynamic pricing, night rate, approach rate, empty return, detour, regulation vehicle range fees, booking fees, cancellation, postponement, pet fees and valet or concierge service, regulation fees of us beautiful race or request for service of any kind.
A deposit will be taken in case of breach of the customer’s commitments as mentioned above, then a bank imprint will be made to the amount due by the customer listed on the first order form or the final order form. The company REJIM TRANSPORT VTC reserves the right to take in addition a sum in the framework dʼun prejudice for compensation. This sum is fixed by the company REJIM TRANSPORT VTC. But lʼempreinte banking made upstream nʼest quʼun deposit of pledge so as to guarantee you a driver for your assumption of responsibility.
In the event of delay of payment:
Every 45 days the invoice will be increased by 4.16% as provided lʼ Art L 441-6 of the Commercial Code. This does not include bailiff management fees and dʼhonoraires dʼavocat, disbursements and expenses. The rate of delay for professionals is freely set by the merchant
in accordance with the law. Payments are made in cash. The cash payment: the customer has lʼobligation to pay the good or service on the day of delivery or completion.
The rate dʼintérêt provided for in the GTC generally corresponds to the key rate (refinancing rate or Refi) half-yearly of the European Central Bank (ECB), in force on 1 January or 1 July, increased by 10 points.
Example: 10.00% (0.00 + 10) for penalties due since July 1, 2019. 5 – RESERVATION AND CANCELLATION
5 – 1 – BOOKING :
Any reservation implies lʼacceptation without reservation of the present general conditions of sale. The customer and the provider sʼengagent to respect all the clauses quoted in this contract. No modification can be made to the above conditions unless prior agreement between the parties. The present contract would be suspended by the platform www.magic-vtc.fr/com, the taking in charge could be postponed or cancelled by right and without compensation (this includes in particular the refunding of the race) dʼaucune kind in all the cases recognized of force majeure (event external to www.magic-vtc.fr) such as the disturbance of the ways of circulation, bad weather, of demonstration, dʼaccident, breakdown or dysfunction of the telecommunication networks, shortage of hand dʼœuvre or materials …
The contract nʼest deemed concluded www.magic-vtc.fr once the order is placed through the various communication tools delivered by the platform quʼune; website, application, telephone at +33 7 69 14 29 28/+33 4 69 96 49 00 or by email: firstname.lastname@example.org. Failing this, it shall be null and void by operation of law.
Any reservation dʼune car with driver is obligatory and must be made at least 24 hours at lʼavance via the website or the other means of communication mentioned above, at the last minute by telephone according to availability; in this case the driver reserves the right to set the price according to the VTC law in force.
Particularity for a pick-up in station and airport: As soon as you arrive, switch on your mobile phone.
The driver reserves the right to postpone the pick-up according to the methods specified above.
Please note the flight or train number in “additional information” when booking.
For flights, if you nʼavez have no checked baggage in the hold, the 15 minutes dʼattente included in the journey are generally sufficient. However, if you have to retrieve checked baggage and/or if you are coming dʼune to a non-European destination, the exit time from lʼavion, baggage retrieval and lʼéventuel force control from lʼordre require quite significant delays.
In order not to have to pay a wait, we advise dʼajouter a 30 minute delay.
A 30 minutes beat is granted to the driver from lʼheure to pick up the order form.
Every 45 days the invoice will be increased by 4.16% as foreseen lʼ Art
L 441-6 of the Commercial Code. And this excluding bailiff management fees and dʼhonoraires dʼavocat, disbursements and expenses. The rate of delay for professionals is freely set by the merchant in accordance with the law. Payments are made in cash.
Cash payment: the customer has lʼobligation to pay the good or service on the day of delivery or completion.
The rate dʼintérêt provided by the GTC generally corresponds to the key rate (refinancing rate or Refi) half-yearly of the European Central Bank (ECB), in force on 1 January or 1 July, increased by 10 points.
Example: 10.00% (0.00 + 10) for penalties due since July 1, 2019.
Cash payment: all orders must be paid at lʼavanve and will be counted as a deposit. The rate of payment to lʼacompte is 100% of the price of the service including VAT.
(article L. 114-1 of the Consumer Code).
Thus the customer has lʼobligation to pay his return journey in full in the form dʼacompte and the rest of the order form or invoice quʼelle integrates potential outward or return journeys.
Payment on board is considered as a commercial gesture and postpones the payment of the outward journey until the service is provided. If the customer wishes to cancel the trip, the customer must pay the full price of the trip.
For the payments on board a guarantee will be requested, it sʼagit dʼune banking imprint that will guarantee the capacity dʼun customer to pay the expenses in case of deterioration of the vehicle, detours, surcharges related to the traffic or the delay of the customer or in case dʼannulation.
5 – 2 – CANCELLATION :
A reservation cannot be cancelled by the customer.
Any sum advanced by the customer in cash, by cheque, by credit card or online payment is considered as a deposit. If the client refuses to complete the booking, the reservation will be cancelled
the race the sum will be lost in its entirety under the terms of lʼarticles L21 4-1 to L214-4 of the consumer code.
If a customer orders and the platform will not be able to honour a race in a case of force majeure, www.magic-vtc.fr may, as a commercial gesture, propose the reimbursement of the race in the form of dʼavoir. The platform does not reimburse
no cash advanced.
Payment on board is considered as a commercial gesture and postpones the payment of the outward journey until the service is provided. If the client wishes to cancel the trip, he will have to pay the totality of the price of the trip.
In case the customer refuses to pay his invoice or order: the platform reserves the right dʼencaisser the amount of the deposit which will be equivalent to the amount of the price of the race as well as expenses and indemnities in addition. The indemnities will be up to 50 to 100% of the price of lʼamende that the law provides for in case of grievance, 7000 € under lʼarticle 313-5 of the Penal Code.
Any sum paid to lʼavance on the magic-vtc.fr website or directly to an agent or the manager, will be considered as a deposit whatever the means of payment used.
lʼarticle articles L214-1 to L214-4 of the consumer code which stipulates that :
Lʼacompte is a sum paid in advance by a customer at dʼun purchase. Lʼacompte entails a firm commitment by the seller and lʼacheteur concerning :
– lʼobligation dʼacheter for the consumer ;
– and that of providing the goods for the merchant or the provision of service ;
It nʼy has in principle no possibility of forfeit, neither for you, nor for the merchant. Consequence: If you refuse dʼexécuter the contract, you not only lose lʼacompte, but also the merchant can demand lʼexécution from the contract and claim damages in case of default.
Not paying for a simple order is punishable by law. The grivelerie is forbidden in France.
The term used in the French penal code is “filouterie”. Under lʼarticle 313-5 of the Penal Code.
Cʼest an act that consists in ordering a service that lʼon will refuse to pay for, or of which one is aware that lʼon nʼaura does not have the means to pay for it.
The offence is constituted if :
the service has been ordered by the customer;
the service has been consumed (meal started or finished, room occupied, taxi ride made, fuel tank filled, etc.);
the client is in lʼimpossibilité material to settle his debt or is determined before consuming not to pay;
lʼintention fraudulent intent is recognized (this fraudulent intent must be prior to consumption, the offense nʼest not necessarily constituted, for example, if the consumer forgets to pay because busy on the phone, or leaves suddenly because dʼun event of force majeure or even because quʼil would be disturbed by smoke or commotion).
In common parlance, we speak of fraud in the case of serious acts, and of free riding in the case of less serious acts.
Examples of trickery :
leaving a restaurant, bar, hotel after sʼêtre has been served, without paying lʼaddition or the bill;
getting gas and leaving without paying.
taking a taxi and leaving without paying sʼacquitter for the fare.
Examples of free riding :
taking the train without a ticket (variant: travelling first class with a second class ticket);
not sʼacquitter of the toll ;
do not pay for parking ;
“cheating” on one’s age, for example, in order to benefit dʼun reduced fare (cinema, museum, etc.).
Penalty under French law
The fraud is punishable by a sentence of six months dʼemprisonnement and €7,500 dʼamende and possibly by an additional penalty (e.g. prohibition dʼémettre of cheques) or a substitute penalty (e.g. work dʼintérêt general).
This penalty can be compared to those for acts of queue-jumping, generally punishable by a fine (less than €1,500).
5 – 3 – PRICE INCREASE / DELAY / TRAFFIC JAM / CIRCULATION
Any delay of the passenger(s), or any delay exceeding lʼheure of the package indicated on our simulator or any deviation in addition to the Km indicated on our simulator or in relation to lʼhoraire of pick-up indicated in the booking form leads to an increase in the price of the service, in the case where the customer warns the driver by phone at 07 69 14 29 28 for delays according to the following methods:
More than 15 minutes late: 10 euros
More than 30 minutes late: 25 euros
For any additional half hour delay: 25 euros
This amounts to 0.83 cents per minute, these prices also apply to heavy traffic or traffic jams or any type of deviation due to unforeseen circumstances such as disruption.
traffic lanes (works, etc.) bad weather, demonstrations, dʼaccident, breakdown or malfunction of telecommunication networks
Payment of these surcharges shall be made at the latest when the passenger(s) board the vehicle. Or at the end of the race.
In case dʼabsence of the customer on the place of the meeting, beyond the first 15 minutes free of charge, without any demonstration on his part, nor any answer to lʼappel telephone of the driver, the service will be definitively lost, without possibility of postponement and without being able to claim any refund.
6 – QUALITY OF SERVICE
The transport of persons for remuneration is a regulated activity. Only authorized vehicles may perform this service and :
Munis dʼun professional card number issued by the prefecture.
Munis dʼune certificate dʼimmatriculation issued by the Ministry of lʼÉcologie, Sustainable Development and lʼÉnergie, Office of lʼorganisation of the road transport of passengers / VTC pole.
Munis dʼun badge dʼimmatriculation affixed to the windscreen of the vehicle. www.magic-vtc.fr sʼengage to carry out or to have carried out the transport services in accordance with the reservation form and in compliance with all regulations and legislation in force.
In the event of subcontracting, lʼentreprise www.magic-vtc.fr sʼassure that the persons and companies it calls upon fulfil the same conditions.
7 – RESPONSIBILITIES
www.magic-vtc.fr is guaranteed by a notoriously solvent company dʼassurance which covers the risks related to its activity in accordance with the regulations in force.
In case of dispute, the responsibility of lʼentreprise www.magic-vtc.fr can not be retained quʼà the condition for the Customer to bring the proof dʼun wrongful behavior of the latter and dʼun causal link with the damage invoked.
Lʼassurance Unlimited multi-risk of lʼentreprise www.magic-vtc.fr covers the responsibilities linked to lʼentreprise.
The Customer is legally and criminally responsible for his acts.
7 – 1 – LIABILITY OF THE CUSTOMER AND THE PERSONS TRANSPORTED
The customer sʼengage for himself and for the passengers for whom he has contracted
with www.magic-vtc.fr to behave like a good father from the very beginning, in particular by respecting the driver and the transport equipment as well as the following provisions:
Respect the rules of the Highway Code (wearing of seatbelts, car seats, booster seats, etc.),
Prohibition of smoking, eating and transporting dangerous goods. If necessary, your driver will make a stop along the way.
It is forbidden to consume lʼalcool on board the vehicle,
Luggage is accepted and remains the responsibility of the customer. Lʼentreprise www.magic-vtc.fr cannot be held responsible in case of damage and/or loss of luggage or electronic devices (telephone, tablet etc).
Any damage to the vehicle, due to the customer, will be fully charged to the customer.
For all other damages leading to the immobilization of the vehicle:- Actual billing + Costs dʼimmobilisation + Lack of profit in figure dʼaffaires on an average of the last 3 months. In case of damage leading to the cancellation of the following service, a fixed fee of 150.00 € will be applied in addition, payable immediately by credit card…
The cleaning in case of vomit will be charged 150,00€ TTC in addition to the service payable immediately by credit card.
The pets, of small sizes, are accepted, with conditions dʼêtre in a cage of transport. Dogs dʼassistance of large size are allowed. Transport with animal will be charged 150€.
Failure to comply with these provisions engages the exclusive responsibility of the customer and passengers both at lʼégard from www.magic-vtc.fr and third parties. Lʼentreprise www.magic-vtc.fr declines all responsibility for the actions of its customer before and after his transport. www.magic-vtc.fr reserves the right to refuse to take charge of, or to disembark, a passenger who does not comply with these obligations, as well as quʼun alcoholic passenger.
7 – 2 – COMPLAINTS
Any claim nʼest admissible only within 5 days from lʼexécution of the transport service concerned. Any dispute shall be referred to the Courts at the place of the Head Office of lʼentreprise Rejim Transport VTC.
8 – PROVISION / TRANSFER 8 – 1 – TRANSFER :
The service of transfer starts at lʼadresse from the headquarters of lʼentreprise www.magic-vtc.fr and sʼachève from lʼarrivée from the client to lʼadresse provided.
8 – 2 – PROVISION:
Availability : the transport is in limited mileage within the framework of availability at lʼheure :
25 kilometres for 1 hour of availability,
125 kilometers for 5 hours of availability. Every hour started is due in full.