General conditions of sale of the company TOURSUD
Article 1 - Object and scope
This contract is applicable to the organization and sale of non-urban public road transport of people, in transport in France and in Europe, for any occasional service, carried out by a carrier using one or more vehicles.
The conditions under which these services are performed, in particular the applicable prices, must ensure fair remuneration for the organizer and the carrier allowing the real costs of the service provided under normal conditions of organization, safety, quality, compliance with regulations and in accordance with the provisions of Law No. 82-1153 of December 30, 1982, in particular Articles 6 to 9, as well as the texts adopted for its application. Thus, transport operations must under no circumstances be conducted under conditions incompatible with the regulations on working and safety conditions.
This contract governs the relationship between the principal and the organizer. It applies as of right, in whole or in part, in the absence of contrary or different written stipulations agreed between the parties.
Article 2 - Definitions
For the purposes of this contract, the following terms are understood:
- “Principal” the party who concludes the transport contract with the organizer. The principal may be the beneficiary of the transport or the intermediary responsible for organizing the transport for the beneficiary;
- "Organizer" the company TOURSUD, which undertakes, by virtue of the contract, to take all necessary measures to transport, under the conditions referred to in article 1, for consideration, one or more persons and their luggage, from a defined place to another defined place;
- "Carrier" the transport company contracted by the organizer to perform said transport
- "Driver" means the person who drives the vehicle;
- "Passengers" means the persons who board the vehicle with the exception of the driver;
- “Service” means occasional service, which involves making a vehicle available to one or more passengers;
- “Initial pick-up” the moment the first passenger begins to board the vehicle;
- "Final drop-off" the moment when the last passenger finishes getting off the vehicle;
- “Period of availability” the time which elapses between the moment when the vehicle is made available to the principal and when the transporter regains the freedom to use it. The duration of the provision includes the time for picking up and dropping off passengers and their luggage, which varies according to the nature of the service;
- “Intermediate stopping points” means places other than the initial pick-up point and the final drop-off point, where the vehicle must stop at the request expressed by the principal when the contract is concluded;
- "Schedules" the schedules defined according to normal traffic and transport conditions, guaranteeing compliance with safety obligations;
- "Route" the route left to the initiative of the carrier, except specific requirement of the principal explicitly indicated, on the charge for him to inform the carrier of it before the beginning of the service;
- "Baggage" means identified goods carried in the trunk of the vehicle or its trailer and belonging to passengers;
- “Hand luggage” means the luggage which the passenger keeps with him.
Article 3 - Information and documents to be provided to the organizer
Prior to placing the vehicle (s) at the disposal of the passenger (s), the ordering party provides the organizer in writing, or by any other process allowing storage, the indications defined below.
Dates, times and routes:
- the date, time and place of the start and end of the provision of the vehicle;
- the date, time and place of the initial pick-up of the passenger (s) as well as the date, time and place of their final drop-off;
- the date, time and location of intermediate stopping points;
- where applicable, the prescribed route.
Composition of passengers to be transported:
- the maximum number of people to be transported;
- the maximum number of people with reduced mobility, including the number of people in wheelchairs;
- The establishment of this list is the responsibility of the customer who must send it to the company TOURSUD in advance.
Type of baggage:
- approximate overall weight and volume;
- the potential preciousness and fragility;
- any other specificities.
Means of communication:
- telephone numbers allowing the organizer and the transporter to contact the principal at any time (twenty-four hours a day, seven days a week).
Article 4 - Vehicle characteristics
Each vehicle made available to the principal by the carrier must be:
- in good working order and meet all technical regulatory obligations;
- adapted to the distance to be traveled, the characteristics of the passengers and the possible requirements of the client;
- compatible with the weight and volume of the luggage provided.
Some vehicles have audio equipment for the convenience of the trip. TOURSUD, nor the transporter, can not be held responsible for a malfunction of these devices, and cannot be liable for any compensation with regard to these malfunctions.
Passengers are responsible for any damage caused by them to the vehicle. Any degradation noted inside the vehicle and caused by passengers will be billed to the customer. The customer is required to note and inform the driver of the vehicle if any damage was noted before the departure of the trip. The customer and the driver are required to check together whether any damage has occurred before the vehicle is returned to its garage. In the absence of a bilateral finding, the carrier reserves the right to note any damage also once the vehicle has returned to the garage until the next rental.
Article 5 - Safety on board the vehicle
The maximum number of people that can be transported cannot exceed that indicated on the vehicle registration certificate.
The transporter is responsible for the safety of the transport, including each time passengers get on and off the vehicle.
The driver takes the necessary safety measures and, if necessary, gives instructions to the passengers, who are required to comply with them. We also expressly point out: that the consumption of alcohol and / or tobacco is strictly prohibited inside the vehicles supplied by TOURSUD. In the event of failure to comply with this obligation or in the event of non-compliance with the instructions established by the driver, the latter may automatically refuse to provide the service as long as the safety conditions are not respected.
Stops are left to the initiative of the carrier or driver to meet safety obligations or other needs. The driver informs the passengers of the obligation to wear seat belts. With the exceptions provided for in the highway code, wearing a seat belt applies to each passenger, adult and child. If it is an accompanied group, the organizer, the transporter as well as the driver must know the names of the people with organizational or supervisory responsibility, the nature of which must be specified. These persons designated as responsible must know the conditions of organization of transport agreed with the organizer and have a list of the persons making up the group. The principal must arrange for this information to be communicated to them before the start of transport.
At the request of the principal, the driver provides information before departure on the safety measures and devices, adapted to the nature of the service and to the passengers.
Unless there are legal exceptions, the transport of dangerous goods is prohibited in vehicles dedicated to the transport of people. If a derogation applies, the principal informs the organizer.
Article 6 - Baggage
The organizer and the carrier are not responsible for luggage placed in the trunk of the vehicle. This baggage must be labeled by its owner.
In the event of loss or damage to luggage placed in the trunk of the vehicle, no compensation can be claimed by the principal or other passengers transported.
The carrier, or its attendant-driver, reserves the right to refuse baggage whose weight, dimensions or nature do not correspond to what had been agreed by the organizer with the principal, as well as those which 'he considers prejudicial to the safety of the transport.
Hand baggage, of which the passenger retains custody, remains under his full responsibility.
Before performing the service, the client informs each passenger of the above provisions, in particular with regard to the custody of hand luggage and the absence of compensation for luggage placed in the trunk of the vehicle.
At the end of the transport, the client, his representative and the passengers are required to ensure that no object has been left in the vehicle. The organizer and the carrier decline all responsibility in the event of damage or theft of anything that may have been left there.
Article 7 - Public broadcasting of music or screening of an audiovisual work
The public distribution in a vehicle of musical, cinematographic, television or personal recordings works must be the subject of a prior declaration and be authorized by the copyright holders.
Article 8 - Tariff of transport services
The organizer's remuneration includes the price billed to him by the carrier, which includes in particular the costs of transport, the remuneration of the driver (s), that of ancillary and additional services, to which are added the costs related to the establishment. and the administrative and IT management of the transport contract, as well as any tax related to transport and, or, any duty the collection of which is charged to the carrier and the organizer.
The price of the services is also established according to the type of vehicle used, its own equipment, any additional equipment, the number of places offered, the desired volume of the trunk, the distance of transport, the characteristics and particular constraints of circulation.
Any additional or additional service is remunerated at the agreed price. This is the case in particular:
- long-term parking on a site;
- air, rail and sea transfers of the driver (s) in the event of a long period of inactivity;
- complementary maritime (ferries) or rail (tunnels) transport;
- Any modification of the initial transport contract attributable to the principal, as provided for in article 12, leads to a readjustment of the conditions of remuneration of the organizer.
This remuneration can also be modified if an unforeseen event occurs. The transport price initially agreed is revised in the event of significant variations in the costs of the transport company, which are due to conditions external to the latter, such as in particular the price of fuel, and which the claimant justifies by any means.
TOURSUD reserves the right to request a deposit from the principal, depending on the characteristics of the service or the requirements of its carriers. This deposit will be returned within 5 working days following the end of the service. In the event that there is a dispute over the service following damage carried out by passengers, one or more changes in the terms of the service as defined in the estimate, this reimbursement will be made as soon as the costing of the dispute has been established. , and deduction made of sums due as compensation.
Article 9 - Terms of conclusion and payment of the contract
The estimate drawn up by the TOURSUD company is not binding on either the principal or the TOURSUD company.
The principal is only committed after signature of said estimate. The quote signed by the principal then acts as an order.
TOURSUD is only committed to delivering the service after receipt of partial or total payment, and only if the intended vehicle and the driver are still available on the date of receipt of payment.
Upon receipt of payment, and in the event that the vehicle provided, or the driver, is no longer available, the TOURSUD company must inform the principal in writing (email, letter) that the reservation of the service is not no more possible. The principal is entitled to immediate reimbursement of the sums paid. The principal and the TOURSUD company are then no longer committed to each other.
The balance of the price of the services mentioned in the estimate is due on the date indicated on the estimate signed by the principal.
When the organizer agrees payment terms to the principal, the estimate or invoice shall mention the date on which payment must be made.
Any signed quote automatically implies acceptance of these general conditions of sale. Any contrary conditions which may be stipulated by the principal in his own general conditions of purchase, in his order forms, in his correspondence, are unenforceable against the carrier and deemed unwritten with regard to him.
The only valid information regarding the application of the order is that which is stipulated on the signed estimate, or on the invoice issued after receipt of total or partial payment. All other information, oral or written, is given for information only and cannot bind the organizer or the carrier.
Any modification of the initial order must be made by the principal in writing prior to the performance of the service and must be accepted in writing by TOURSUD.
Any delay in payment, after formal notice remains ineffective, automatically entails the payment of penalties in an amount at least equivalent to one and a half times the legal rate, as defined in article L. 441-6. of the Commercial Code, without prejudice to compensation, under the conditions of ordinary law, for any other damage resulting from this delay.
The total or partial non-payment of an invoice on a single due date entails, without formality, the forfeiture of the term resulting in the immediate payment of payment, without formal notice, of all sums due, even in the future, on the due date this failure and authorizes the organizer to demand cash payment before the execution of any new operation.
In the event of non-payment of a due date at the agreed term, as well as in the event of non-compliance with one of the obligations provided for in these general conditions of sale, the service will not be performed, automatically and without any formality, the deposits paid remain acquired by the organizer as initial damages.
Article 10 - Termination of the transport contract
When, before departure, the principal cancels the contract, he must inform the organizer by email or registered letter with acknowledgment of receipt.
If applicable, a fixed compensation will be due to the organizer, equal to:
- 0% charge if the cancellation occurs up to 24 hours before the departure time;
- 100% of the price of the service if the cancellation occurs less than 24 hours before the departure time.
In the event of termination of the transport contract by the ordering party, all payment costs by credit card, bank transfer, change and any other operating costs paid by the ordering party are non-refundable, and the organizer reserves the right to deduct any similar costs that it will have to pay to reimburse the principal.
In the event of termination by the organizer, the principal is entitled to immediate reimbursement of the sums paid.
Article 11 - Execution of the transport contract
The client accepts that the organizer delegates the service to a passenger transport company, known as the “transporter” in these conditions. The carrier thus commissioned will be responsible for all obligations arising from the contract.
The customer must check that the pick-up and / or drop-off locations he has indicated for the execution of his transport contract are accessible to the vehicle (s), made available to carry out the benefit.
For information, the dimensions of a vehicle are variable but we can take as references a length of 4 to 6 meters, a width of up to 2,50 meters and a height of 2,50 meters maximum.
The organizer may modify when ordering, or the carrier may modify the pick-up and / or drop-off addresses on the day of the service, if the conditions do not allow access of the vehicle (s) to these addresses.
The customer will not be able to claim any compensation if the service does not take place under the conditions defined by the signed estimate, following a problem of accessibility of the vehicle (s) to the pick-up or drop-off addresses that have been indicated by the customer.
Article 12 - Modification of the transport contract in progress
Any new instruction from the principal having for object the modification of the initial conditions of execution of the transport in progress must be confirmed immediately to the organizer in writing or by any other process allowing the memorization.
The organizer is not bound to accept these new instructions, in particular if they are such as to prevent it from honoring the transport commitments made initially. He must immediately notify the principal in writing or by any other process allowing the memorization. Any modification to the contract may lead to a readjustment of the agreed price.
Article 13 - Fortuitous events
The departure and arrival times as well as the itineraries are given for information only and are subject to change by the organizer or by the carrier if circumstances so require, in particular for reasons of legislation, security, fortuitous events or force majeure. No compensation or refund will be granted to the customer in these circumstances.
The customer will not be able to claim any compensation if the cancellation of the contract, due to the organizer, is imposed by circumstances of force majeure, reasons relating to the safety of travelers or any reason beyond the control of the organizer. or the carrier.
If the trip should be changed in the event of a fortuitous event or force majeure, no refund or compensation will be granted to the customer.
For quotes signed at a price agreed between the organizer and the client more than one month before departure, the organizer may, quite exceptionally, be required to modify its price up to one month before start of the service, depending on economic events modifying the cost price of the service (increase in the price of fuel, etc.). In this case the organizer will make another offer to the principal, who will be free to accept or reject it. In the event of refusal, the signed estimate will then be canceled and the organizer will reimburse the principal without delay for the sums already paid. The client cannot claim any other compensation as a result of this cancellation.
Article 14 - Delays
The carrier cannot be held responsible for delays due to events beyond its control (for example: mechanical breakdowns, traffic jams, accidents, strikes, weather conditions, deviations, the fact of one or more passengers, the act of a third party, any fortuitous event or force majeure) or dictated by the need to ensure the safety of the persons transported. No compensation or refund will be granted to the customer in these circumstances.
In the event of a technical incident, the organizer undertakes to make every effort to ensure the customer's service (provision of another vehicle, except in cases of force majeure; call on the carrier's assistance guarantee to ensure the routing of travelers).
In the event of a delay at an airport, a train station or any other meeting place, any hotel, catering, train, taxi or any other costs resulting from this delay will not be covered. by the organizer or by the carrier.
If the customer decides on his own to use other means of transport than those offered on the signed estimate or the invoice, for any reason whatsoever, he will not be able to claim any compensation.
The customer cannot modify directly with the driver of the vehicle, the conditions provided for in the initial estimate signed without informing the company TOURSUD and obtaining from the latter a written agreement. Any changes concerning in particular the route or the scheduled departure times must imperatively receive the written acceptance of the company TOURSUD.
The customer must strictly respect the scheduled departure times, because non-compliance can lead to significant changes in the organization of transport schedules. Consequently, the driver noticing a delay of more than 15 minutes from the group for which he is responsible, may continue his service in the absence of contrary instructions from the carrier or the organizer.
The customer may not claim any prejudice due to the non-performance of the service due to its delay in relation to the scheduled time. The customer will make arrangements to ensure the organization of his transport at his own expense. It will nevertheless remain liable to TOURSUD for the full payment of the service provided.
In general, no compensation for damage can be claimed from the organizer, for the consequences that the principal or the passengers would have to suffer as a result of the occurrence of an event that may have caused delays or cancellation of the planned transport.
Article 15 - Formalities
For trips abroad, each participant is invited to find out about the police and customs laws in force and to comply with them. The organizer nor the carrier can not be held responsible for any violation of these rules.
Article 16 - Complaints
Any complaint must reach us by registered letter with acknowledgment of receipt, within eight days of the execution of the order. Beyond that, no claim or dispute can be made, reimbursed or compensated.
After having contacted the TOURSUD company and in the absence of a satisfactory answer or in the absence of a response within 60 days, the customer can contact the Tourism and Travel mediator, so the contact details and modalities of referral are available on his site : www.mtv.travel.
Article 17 - Disputes and attribution of jurisdiction
Any differences that may result from the application of contracts issued by the TOURSUD company fall under the exclusive jurisdiction of the Montpellier Commercial Court. Any complaint will be accepted within the common law commercial limitation period.
Last revised November 10, 2020.