General terms and conditions of sale and use

These general terms and conditions of sale and use, hereinafter the “Terms”, govern the passenger transport services offered by the company S.A.S AVA ALPES VTC ANNECY, hereinafter “AVA VTC”.

AVA VTC carries out passenger transport using chauffeur-driven vehicles (VTC), exclusively on prior booking and at a price set in advance.

Registered office: 15 rue de la Donzière, 74600 Seynod, France. SIRET: 999 162 662 00012. VTC register: EVTC074260045.

1. Purpose

These Terms set out the conditions applicable to transport service contracts entered into between AVA VTC and its clients.

Any booking made with AVA VTC implies full, complete and unreserved acceptance of these Terms. By using the services of AVA VTC, the client acknowledges having read these Terms and accepts them without restriction.

2. Transport service contract

The client may submit a service request 24 hours a day, 7 days a week on the website https://avalpine.com, by phone on +33 6 19 74 72 74 or by email to contact@avalpine.com.

The client provides all the information required for the proper performance of the service. The client is solely responsible for the accuracy of the information provided, in particular:

• the date of the service;
• the pick-up location and the drop-off location;
• the pick-up time;
• the number of passengers, adults and children;
• the number of pieces of luggage;
• the type of service: transfer or hourly hire;
• any special requests: child seat, booster seat, etc.

AVA VTC sets the price of the service on the basis of the information provided by the client.

Where payment is made by bank card through a secure electronic system, the client authorises AVA VTC to carry out the transaction corresponding to the amount of the service.

Once the request has been validated and, where applicable, the payment or deposit has been received, AVA VTC sends the client a booking confirmation by email summarising the details of the service. The client must check that it is accurate and report any error or omission without delay.

The service is valid only for the confirmed booking. It may not be postponed, modified or transferred without the prior agreement of AVA VTC.

3. Prices

Prices are set on the basis of the information provided by the client: route, duration, times, number of passengers, luggage and special requests. They are expressed in euros and include all taxes.

The following are included in the price of the service:

• the chauffeur's service;
• fuel;
• insurance relating to passenger transport;
• tolls, unless otherwise stated at the time of booking.

The following are not included, unless otherwise stated:

• parking fees;
• additional waiting charges;
• charges relating to a change of route;
• any additional request not provided for in the original booking.

The applicable VAT rate is 10% for transfer services and 20% for hourly hire services.

4. Payment

Accepted methods of payment are cash, bank card, PayPal and bank transfer.

All transport services, whether transfer or hourly hire, are payable when ordering or on board the vehicle, according to the terms agreed at the time of booking.

For business clients, partners and key accounts, services are payable in full on receipt of invoice, unless a specific contractual agreement applies. No discount is granted for early payment.

In all cases, the client who signed the booking remains solely responsible for payment for the service, including where the end user of the service defaults.

5. Booking, modification and cancellation

A chauffeur-driven vehicle must be booked in advance via the website, by phone or by email, subject to availability. AVA VTC recommends booking at least 1 hour before the desired pick-up time. Last-minute requests are accepted only subject to availability.

Any booking may be subject to payment of a deposit of 30% of the total price of the journey.

Any change to the route, time, duration or service requested by the client may result in an additional charge. No change may be made to the service without prior agreement between the parties.

In the event of inappropriate, aggressive, abusive or dangerous behaviour, or obvious intoxication, on the part of the client or a passenger, the chauffeur reserves the right to refuse to take the passenger or to end the service. In such cases, the full price of the service remains payable.

Bookings at railway stations or airports. The client must provide their train or flight number when booking. Failing this, AVA VTC cannot be held responsible for failing to locate the client, for any delay or for being unable to pick the client up.

Waiting time. If the client is not at the meeting point and cannot be reached, the chauffeur will wait:

• 20 minutes after the train arrives;
• 30 minutes after the plane lands;
• 15 minutes at an address.

At an address, waiting beyond 15 minutes may be charged at €1.50 per minute, up to a maximum of 30 minutes, unless otherwise agreed and subject to the chauffeur's availability.

Once these periods have elapsed, and with no news from the client despite the chauffeur's attempts to make contact, the service is deemed forfeited and is charged at 100% of the price of the journey, with no possibility of postponement or refund.

Cancellation by the client. Any cancellation must be made in writing, by email to contact@avalpine.com. The following charges apply:

• cancellation between 72 hours and 48 hours before the start of the service: 30% of the price including VAT;
• cancellation between 48 hours and 24 hours before the start of the service: 50% of the price including VAT;
• cancellation on the day of the service: 100% of the price including VAT.

6. Quality of service

Paid passenger transport is a regulated activity. AVA VTC carries out its activity in compliance with the regulations applicable to chauffeur-driven vehicles (VTC):

• chauffeur holding a professional card issued by the competent authority;
• company listed on the register of VTC operators;
• vehicle compliant with regulatory requirements;
• VTC signage displayed in accordance with the regulations.

Where services are subcontracted, AVA VTC ensures that the persons or companies it engages meet the conditions required to carry out passenger transport.

7. Liability

AVA VTC is insured with an insurance company covering the risks associated with its passenger transport activity. Its liability may be incurred only in the event of proven fault, direct and certain loss, and an established causal link between the fault and the loss.

The client undertakes, on their own behalf and on behalf of all passengers, to behave in a respectful and responsible manner, and in particular to:

• respect the chauffeur, the vehicle and the equipment provided;
• wear a seat belt;
• use a suitable car seat or booster seat for children where necessary;
• not ask the chauffeur to commit any traffic offence;
• not smoke or drink alcohol on board;
• not carry any dangerous, illicit or prohibited substances;
• not eat on board without the chauffeur's prior agreement.

Luggage is accepted within the limits of the space available and remains the sole responsibility of the client. AVA VTC cannot be held responsible for the loss, theft or damage of luggage, personal belongings or electronic devices.

Any damage to the vehicle caused by the client or by any passenger will be charged to the client in full: actual repair or cleaning costs, costs of the vehicle being out of service, loss of earnings, and an additional flat fee of €150 including VAT if a subsequent service has to be cancelled because the vehicle is out of service. In the event of significant soiling, a cleaning fee of €150 including VAT will be charged in addition to the price of the service.

Small pets are accepted provided they travel in a suitable carrier. Assistance dogs are welcome.

The chauffeur may refuse any request that they consider likely to endanger the safety of the passengers, the vehicle or other road users.

8. Transfer and hourly hire

A transfer is a journey defined in advance between a pick-up location and a drop-off location. The service begins at the agreed time and place and ends when the client arrives at the planned destination address.

With hourly hire, the vehicle and its chauffeur are booked for a fixed period. The mileage included is limited as follows:

• 50 kilometres for 1 hour of hire;
• 200 kilometres for 4 hours of hire;
• 400 kilometres for 8 hours of hire.

Any hour started is payable in full. Each additional kilometre is charged at €2.40. Any additional time is charged at €150 per hour.

9. Personal data

AVA VTC respects the privacy of its clients and ensures the confidentiality of the personal data collected in the course of its services and on its website. This data is used solely to process booking requests, perform the services, communicate with the client, issue invoices and comply with legal obligations.

The client has the right to access, rectify, object to, erase and restrict the processing of their data. To exercise these rights, the client may write to contact@avalpine.com.

10. Complaints

Any complaint relating to a service must be sent in writing, by email to contact@avalpine.com, within 5 calendar days of the performance of the service concerned. After this period, no complaint can be considered.

11. Force majeure

AVA VTC cannot be held responsible for any delay, non-performance or improper performance of the service resulting from force majeure or from an external, unforeseeable and irresistible event, in particular:

• exceptional weather conditions;
• road accident, major traffic congestion or road closure;
• demonstration or strike;
• breakdown beyond the control of AVA VTC;
• administrative decision;
• disruption to telecommunications networks.

12. Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the client is invited to contact AVA VTC in order to seek an amicable solution. Failing this, the dispute may be brought before the competent courts, in accordance with the ordinary rules of law.