GENERAL TERMS AND CONDITIONS OF SALE
Effective from May 26, 2015
1. BLUE VALET
BLUE VALET (hereinafter "BLUE VALET") is a société par actions simplifiée (simplified joint stock company) registered in the Bordeaux Trade and Companies Register under number 810 528 000, with an individual VAT identification number (FR40810528000). Its registered office is situated in Bordeaux Cidex 74 33700 Mérignac Airport. BLUE VALET's aim is to provide shuttle rental services and vehicle parking on private or public land without passenger transport, as well as vehicle maintenance and cleaning services at airports and stations.
BLUE VALET’s telephone number: 01.79.72.42.24 (Customer Service open Monday to Sunday from 7am to 10pm)
BLUE VALET's e-mail address: email@example.com
2. SCOPE OF T&Cs
These General Terms and Conditions of Sale (hereinafter "T&Cs") apply, without restriction or reservation, to any purchase of services offered by BLUE VALET on its website www.bluevalet.fr (hereinafter the "Website").
These T&Cs apply to the exclusion of all other conditions, particularly those applicable to other marketing channels for BLUE VALET's services. They are accessible at any time on the Website and will take precedence, if necessary, over any previous version or any other contradictory document.
The services sold by BLUE VALET on the Website are detailed and described within the Website. Any person wishing to purchase all or part of these services is required to read this information carefully before placing any order. The choice and purchase of a service on the Website is the sole responsibility of our customers.
The valet and parking services offered by BLUE VALET on the Website are only available in: Paris-Charles de Gaulle Airport (France), Paris-Orly Airport (France), Bordeaux-Mérignac Airport (France), Toulouse-Blagnac Airport (France), Nice Côte d'Azur Airport (France), Nantes-Atlantique Airport (France), Marseille-Provence Airport (France), Lyon St-Exupéry Airport (France), Brussels-Zaventem Airport (Belgium) and the train stations of Bordeaux St-Jean (France), Toulouse Matabiau (France), Avignon (France), Marseille St Charles (France), Aix-en-Provence (France), Nice Ville (France), Lyon St Exupéry (France), Lyon Part Dieu (France), Lille Flandres et Europe (France), Paris Gare du Nord (France), Paris Gare Montparnasse (France), Paris Gare de l’Est (France), Paris Gare de Lyon (France), Rennes (France) and Brussels-Midi (Belgium) and are not open to oversized vehicles (vehicles exceeding 2m in length and/or 2m in height), two wheeled vehicles or trailer vehicles.
4. PLACING ORDERS ON THE WEBSITE - PRE-CONTRACTUAL INFORMATION
4.1. Any person wishing to purchase one of the services offered by BLUE VALET on the Website must fill out all requested mandatory fields in order to complete his/her order, otherwise his/her order cannot be validated. The order can only be finalised if the customer agrees to the T&Cs without reservation and attests to having read them by ticking the box provided upon completing his/her order.
The customer must also complete in full the driver and vehicle information form, specifying the dates and times during which he/she will require BLUE VALET's services.
As these T&Cs may be subject to further modifications, the version that applies to the purchase will be the latest version available on the Website at the date on which the order is placed.
4.2. By accepting these T&Cs, the customer acknowledges having received, prior to placing his/her order, in a readable and understandable manner, these T&Cs and all the information and data referred to in Articles L. 121-17, R. 111-1, R. 111-2 and R. 121-2 of the French Consumer Code (herein reproduced in Annex 2), and in particular:
- the essential characteristics of the requested service, taking into account the communication medium used and the service in question;
- the cost of ordered services and potential additional fees;
- in the absence of immediate fulfilment of the contract, the date or deadline by which BLUE VALET will provide the service ordered;
- information relating to BLUE VALET's identity, postal, telephone and electronic contact details, and activities, if not apparent from the context;
- information relating to insurance;
- in the event of a dispute, the possibility of resolution through conventional mediation;
- information regarding right of withdrawal (presence, conditions, time limit, modalities for exercising this right and standard withdrawal form), termination modalities and other important contractual conditions.
The act of placing an order on the Website implies full acceptance of and adherence to these Conditions, which is expressly acknowledged by the customer, who waives, in particular, the right to rely on any contradictory document that is unenforceable against BLUE VALET.
5. RATES AND TERMS OF PAYMENT
5.1. The services offered by BLUE VALET on the Website are provided at the rates in effect at the time of order placement, as mentioned before the order is placed on the Website, and as confirmed when the order is validated. Rates are provided in Euros, including VAT. BLUE VALET reserves the right to modify its rates at any time, but these changes will not be applied to orders that have already been placed and confirmed by e-mail.
The price indicated in the order confirmation e-mail sent by BLUE VALET is the final price.
An invoice is issued by BLUE VALET, addressed to the customer and sent by email once the order has been confirmed. The customer may, on request, be provided with a paper copy of the invoice.
5.2. All orders placed on the Website are payable in full on the day of order placement by Visa, MasterCard or American Express bank cards.
BLUE VALET will not provide the services ordered by the customer if the fee has not been paid in full in advance under the conditions indicated above and has not actually been credited to BLUE VALET's bank account.
In addition, BLUE VALET reserves the right, in the event of non-compliance with the above payment terms and conditions, or in the case of a dispute relating to the payment of a previous order, to suspend or cancel the provision of services ordered by the customer and/or to suspend the fulfilment of its obligations.
6. PROVISION OF SERVICES ORDERED ON THE WEBSITE
6.1. Provided that the order placed by the Customer has been taken into consideration by BLUE VALET and that the Customer has received a confirmation e-mail to this effect, the services ordered on the Website and actually paid for by the Customer will be provided at the dates and times indicated upon order completion. We remind our customers that the reservation service is available from 5am to 11pm 7 days a week. Outside these hours, no service will be provided. Additionally, the customer may only drop off and pick up his/her vehicle at BLUE VALET within these times and on the dates indicated upon order completion. In order for the service to run smoothly, the customer must provide a valid mobile phone number, and must take care to switch on his/her mobile phone at least one hour before dropping off his/her vehicle, and upon arrival in the airport lobby on the day of vehicle collection.
6.2. For the implementation of any "Valet + Parking" service, the customer must first:
- subscribe to the "Valet + Parking" service on the Website, indicating his/her departure and arrival dates and times and his/her mobile phone number. For the outward journey, the customer must provide the vehicle drop-off time. For the return journey, the customer must provide his/her landing or arrival time at the station as well as his/her flight or train number;
- verify that the order has been taken into consideration by BLUE VALET by ensuring that he/she has received an order confirmation e-mail following order placement or, failing that, by contacting BLUE VALET on the following number: 01.79.72.42.24;
- ensure that his/her vehicle is insured in his/her name at least until the date the vehicle is returned by BLUE VALET;
- call the BLUE VALET carrier on the number indicated in the text message received at least 15 minutes before the agreed time of vehicle delivery, otherwise the presence of the carrier on arrival is not guaranteed;
- arrive with his/her vehicle at the agreed meeting point and time arranged with his/her BLUE VALET carrier;
- ensure that his/her vehicle is emptied of all personal belongings and property not required for driving or parking the vehicle (it is especially important that the vehicle is emptied of all personal and/or valuable belongings);
- hand over the keys and documents of the vehicle (insurance certificate and registration card) to the BLUE VALET carrier when leaving the vehicle, and indicate to his/her carrier any relevant information regarding the operation of the vehicle and any potential issues;
- on the day of vehicle return, call his/her BLUE VALET carrier after landing or upon arrival by train to confirm the meeting point with his/her BLUE VALET carrier, otherwise the presence of the carrier on arrival is not guaranteed;
- collect the vehicle along with its keys and documentation from his/her BLUE VALET carrier at the time and meeting point agreed with his/her BLUE VALET carrier.
BLUE VALET cannot be held responsible for the late arrival of one of its carriers if the customer has not complied with the procedure indicated above. In the event of cancellation of a customer's flight, the latter must do everything possible to inform BLUE VALET in advance, by calling 01.79.72.42.24 or by sending an e-mail to the address firstname.lastname@example.org as soon as he/she is made aware of a flight cancellation or delay.
6.3. If a customer fails to collect his/her vehicle on the date and at the time agreed in his/her order confirmation e-mail, he/she will be liable for the payment of parking fees until his/her vehicle is collected, at an increased daily rate (i.e. 15 euros per additional day).
6.4. If a customer's vehicle fails to start after being handed over to his/her BLUE VALET valet (in the event of battery, starter or other mechanical problems), the customer will be liable for the payment of parking fees at an increased daily rate (i.e. 15 euros per additional day) until the vehicle is recovered by the customer or by his/her breakdown service.
6.5. If a customer collects his/her vehicle before the agreed date and time, he/she will not be entitled to any refund as all reservations are firm and definitive, except in the case of an agreed change accepted by BLUE VALET in accordance with the procedure outlined in Article 6.6 below.
6.6. The customer has the possibility to change the date and time of the service ordered on the Website by notifying BLUE VALET by telephone or e-mail, and specifying the new dates and times requested. However, this change can only be carried out if the customer has obtained the prior and express agreement of BLUE VALET, who may refuse the customer's request if not practical and/or if not given with enough notice. If the change is previously and expressly accepted by BLUE VALET, BLUE VALET will communicate to the customer the additional price, if applicable, that the customer must pay by credit card or direct debit before the date on which the ordered service is to be provided.
6.7. If the "Valet + Parking" service has been ordered, BLUE VALET will park the vehicle within its car park, and ensure its custody and supervision throughout the entire duration of the service. In order to manage availability of parking spaces, the customer gives BLUE VALET permission to move his vehicle if necessary within the parking lot.
In any event, the keys to the vehicle will be stored in a closed room.
6.8. If no objection or complaint is expressly made by the customer upon vehicle return by his/her BLUE VALET carrier, it will be taken as acknowledgment of the vehicle being returned in the same condition in which it was prior to initial drop-off when meeting his/her BLUE VALET carrier. No complaint can be validly accepted if the customer fails to comply with these procedures and deadlines. In order to save the customer time, the customer expressly agrees that BLUE VALET may, after drop-off and before moving the vehicle, carry out an inventory of the vehicle’s condition by taking time-stamped photos. These photos will be sent by e-mail to the customer and to a dedicated BLUE VALET e-mail address and will be used only if necessary to determine when damage was caused to the vehicle. However, if he/she wishes, the customer may request that an independent inventory be carried out by BLUE VALET upon drop-off and return of his/her vehicle. If the customer requests an inventory, the inventory will be carried out in the presence of the customer and the carrier, by means of time-stamped photographs taken by the carrier, which are then sent by e-mail to the customer.
If it is duly proven that BLUE VALET or one of its carriers has caused damage to the vehicle, BLUE VALET agrees to provide compensation to the customer for damages for which it or one of its carriers is directly responsible.
BLUE VALET may under no circumstances be held responsible by the customer or third parties for any indirect losses (such as operating loss, commercial losses, loss of customers, moral prejudice, etc.), or losses related to an event that may be considered as a force majeure or unforeseeable circumstances as defined in Article 1148 of the French Civil Code.
Insofar as the customer agrees to empty his/her vehicle of all personal belongings and property not required for driving or parking the vehicle (Art. 6.2. of the T&Cs), BLUE VALET may under no circumstances be held responsible in the event of disappearance, deterioration or damage caused to effects and/or goods not required for driving or parking that the customer has failed to removed from the vehicle prior to drop-off.
6.9. BLUE VALET undertakes to do everything possible to ensure that the Website remains accessible, enabling the customer to always place his/her order online without interruption. In the event of a temporary interruption while using the Website, an error message will be indicated and BLUE VALET will be unable to process the order being placed. BLUE VALET cannot be held responsible for a customer’s inability to place an order on the Website due to an interruption of service indicated by an error message, nor for any direct or indirect damage that may occur as a result of this issue.
7. RIGHT OF WITHDRAWAL
Any customer who has placed an online order for a service, is entitled to, in accordance with the law, a withdrawal period of 14 days from the validation of his order to exercise his/her right of withdrawal from BLUE VALET’s services and to cancel his/her order, free of charge and without need for justification. Before the end of this withdrawal period, the customer is entitled to change his/her order or opt for a refund, unless services are already in the process of being carried out.
The right of withdrawal may be exercised online, using the cancellation form available on the Website and as provided in Annex 1 to these Terms and Conditions, in which case BLUE VALET will immediately send the customer an acknowledgment of receipt on a durable medium.
If a customer exercises his/her right of withdrawal within the aforementioned period, a refund will only be offered to the amount actually paid to BLUE VALET for the previously ordered services. The said reimbursement of the sum will be made within 14 days of BLUE VALET's receipt of the cancellation form that has been duly completed by the customer.
8. EARLY TERMINATION
8.1. This article does not apply to cases where the contract is ultimately not carried out due to the customer having exercised his/her right of withdrawal as outlined in Article 7.
8.2. If a customer who has ordered a service on the Website no longer wishes to benefit from it, he/she must inform BLUE VALET at least 24 hours in advance, directly on his/her customer account, following the cancellation procedure indicated on the Website.
Subject to compliance with the above-mentioned conditions and deadlines, BLUE VALET will take the customers request into consideration. The customer will receive a refund amounting to the cost of the cancelled services actually paid for by the customer, minus an amount equal to 2% of the paid services cost (this 2% corresponding to bank cancellation fees).
8.3. In the event that BLUE VALET is unable to render the service ordered by the customer on the Website on the agreed dates and times, BLUE VALET will inform the customer in advance by e-mail or telephone, and will refund the customer the total paid amount for the agreed service within 7 days.
8.4. In the event that the customer, who has ordered a service on the Website, informs BLUE VALET less than 24 hours before the start of the service that he no longer wishes to benefit from it, cancellation fees will be applied using the following scale of insurance cover:
o Cancellation requested more than 24 hours before the scheduled drop-off time: full order refund via payment method used
o Cancellation requested before 23:59 the day before (local time) and less than 24 hours before the scheduled drop-off time: order refund in Blue Valet credits minus a cancellation fee of €10
o Cancellation requested on the day of departure: order refund in Blue Valet credits minus a cancellation fee of €20
o Cancellation requested more than 24 hours before the scheduled drop-off time: full order refund (including insurance) via payment method used
o Cancellation requested until 23:59 the day before (local time) and less than 24 hours before the scheduled pick-up time: order refund (excluding insurance) via the payment method used
o Cancellation requested on the day of departure at least 1 hour before: order refund (excluding insurance) in Blue Valet credits minus cancellation fee of €10
o Cancellation requested less than 1 hour before: order refund (excluding insurance) in Blue Valet credits minus cancellation fee of €20
LAST MINUTE INSURANCE
o Cancellation requested more than 24 hours before the scheduled drop-off time: full order refund (including insurance) via payment method used
o Cancellation requested between 24 hours and 1 hour before the scheduled time: order refund (excluding insurance) via payment method used
o Cancellation requested less than 1 hour before: order refund (excluding insurance) in Blue Valet credits minus cancellation fee of €20
9. DATA PROTECTION
In accordance with law 78-17 of 6 January 1978, it is recalled that any personal data requested from the customer is particularly necessary for order processing and preparation of invoices.
This data may be passed on to any of BLUE VALET’s partners responsible for the fulfilment, processing, management and payment of orders.
The processing of information collected on the Website has been declared to the French National Commission for Data Protection and Liberties (CNIL).
The customer has, in accordance with national and European regulations currently in force, the right to permanent access, modification, rectification and objection regarding his/her personal data.
This right can be exercised by sending an e-mail to the following address: email@example.com
10. INTELLECTUAL PROPERTY
The content of the Website is property of BLUE VALET and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, BLUE VALET remains the sole owner of all intellectual property rights to photographs, presentations, designs, models, etc., produced (even at the customer's request) with the aim of providing services to the customer and/or those appearing on the Website, the customer being prohibited from reproducing these elements without the prior written authorisation of BLUE VALET, who may then choose to permit it with financial compensation.
11. NULLITY, ILLEGALITY, UNENFORCEABILITY
In the case of one of the provisions included in these T&Cs being deemed invalid, illegal or unenforceable by a judicial decision, the other provisions of the T&Cs shall remain in force, their validity and enforceability unaffected.
12. APPLICABLE LAW - LANGUAGES
These General Terms and Conditions and all affected transactions are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the case of these T&Cs being translated into one or more foreign languages, the French version shall be the only authoritative text in the event of a dispute.
All disputes relating to these general terms and conditions and the concluded contracts pursuant thereto, concerning their validity, interpretation, fulfilment, termination, consequences and outcomes, which cannot be resolved between Blue Valet and the client, shall be submitted to the appropriate courts in accordance with ordinary law.
The client is informed that he may in any case resort to conventional mediation, in particular through the French Consumer Mediation Commission (Commission de la Médiation de la Consommation) (art. L 534-7 of the French Consumer Code) or through any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
APPENDIX 1 : WITHDRAWAL FORM REFERRED TO IN ARTICLE 7 OF THE BLUE VALET GENERAL TERMS AND CONDITIONS
For the attention of BLUE VALET - to be sent by e-mail to the following address: firstname.lastname@example.org
I, the undersigned [name:] ________________ [surname:] ______________ notify you of my withdrawal from the contract for the provision of services entitled ___________ ordered on _____ from BLUE VALET and registered by BLUE VALET under the reference ___________
and request a refund for the price paid
or the exchange of this service for a future service of a similar nature.
APPENDIX 2: PROVISIONS OF THE FRENCH CONSUMER CODE
ARTICLE L121-17 OF THE FRENCH CONSUMER CODE
I. Before concluding a contract for the sale or provision of services, the trader shall provide the consumer with the following information in a readable and comprehensible manner:
1° Information provided for in Articles L. 111-1 and L. 111-2;
2° Where a right of withdrawal does apply, the conditions, period and procedures for exercising this right as well as the standard withdrawal form, along with the presentation conditions and information contained therein, are fixed by decree in Council of State;
3° Where applicable, the consumer will provide the costs of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods where, because of their nature, they cannot normally be returned by post;
4° Information on the consumer's obligation to pay fees when exercising his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply or subscription to a district heating network, in the case of withdrawal being expressly requested before the end of the withdrawal period; these costs shall be calculated in accordance with the procedures laid down in Article L. 121-21-5;
5° When the right of withdrawal cannot be exercised pursuant to Article L. 121-21-8, the information that the customer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
6° Information relating to the contact details of the professional, the costs, where applicable, of making use of distance communication, the existence of codes of good conduct, sureties and guarantees (where applicable), termination procedures, dispute resolution methods and other contractual conditions, of which the list and content are fixed by decree in Council of State.
II. If the trader has not complied with his duties of disclosure concerning the additional costs mentioned in I of Article L. 113-3-1 and 3° of I of this article, the consumer is not required to pay these fees.
III. The the burden of proof in respect of the duties of disclosure mentioned in the present subsection can be placed on the trader.
ARTICLE R111-1 OF THE FRENCH CONSUMER CODE
For the application of Item 4 of Article L. 111-1, the trader shall provide the consumer with the following information:
(a) Name or corporate name, geographic address of the establishment and, if different, that of its registered office, telephone number and e-mail address;
(b) The terms of contract payment, delivery and fulfilment as well as the conditions laid down by the trader for the handling of complaints;
(c) Where applicable, the existence of and modalities for exercising the legal guarantee of conformity referred to in Articles L. 211-4 to L. 211-13 of this code and that of the defects of the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code as well as, where applicable, of the commercial guarantee and after-sales service within the meaning of Articles L. 211-15 and L. 211-19 of this code;
(d) Where applicable, the duration of the contract or, in the case of an open-ended contract or contract renewed by tacit agreement, the conditions for its termination;
(e) Where applicable, any relevant interoperability of the digital content with certain hardware or software of which the trader has or reasonably ought to have knowledge and the functionalities of the digital content, including the applicable technical protection measures.
ARTICLE R111-2 OF THE FRENCH CONSUMER CODE
I. For the application of I of Article L. 111-2, in addition to the information provided for in Article R. 111-1, the trader shall communicate to the customer or provide the consumer with the following information:
(a) The status and legal form of the company;
(b) Contact details for quick and direct contact with the trader;
(c) Where applicable, the registration number in the Registre du Commerce et des Sociétés (French Trade and Companies Register) or in the Répertoire des Métiers (French Job Directory).
(d) If its activity is subject to an authorisation scheme, the name and address of the authority which issued the authorisation;
(e) If it is subject to value added tax and identified by an individual number pursuant to Article 286 (3) of the French General Tax Code, its individual identification number;
(f) If it is a member of a regulated profession, its professional title, the Member State in which it was granted this title and, where applicable, the name of the professional order or body with which it is registered;
(g) The general conditions, if any;
(h) Where applicable, the contractual clauses relating to the applicable legislation and the competent court;
(i) Any financial guarantee or professional liability insurance taken out by the trader, the contact details of the insurer or guarantor and the geographical coverage of the contract or agreement.
II. In addition, any professional service provider must also provide the following additional information to the consumer upon request:
(a) Where the price for a given type of service is not determined by the provider in advance, the price of the service or, where an exact price cannot be indicated, the method of calculation allowing the recipient to verify it, or a sufficiently detailed estimate;
(b) With regard to regulated professions, a reference to the professional rules applicable in the European Union Member State in which the company is established, and a means of gaining access to them;
(c) Information on its multidisciplinary activities and partnerships that are directly related to the service in question and on the measures taken to avoid conflicts of interest. This information must be included in any information document in which the service provider presents their services in detail;
(d) Any codes of conduct to which it is subject, the web address at which these codes may be consulted and the language versions available;
(e) Information on the conditions of use for alternative dispute resolution methods, where such methods are provided for by a code of conduct, a professional body or any other body.
III. Within the meaning of part d of section I, an authorisation scheme refers to any procedure in which the service provider or recipient is in effect required to take steps in order to obtain from a competent authority a formal decision, or an implied decision, concerning access to a service activity or exercise thereof.
ARTICLE R121-2 OF THE FRENCH CONSUMER CODE
I. For the application of item 6 of section I of Article L. 121-17, the trader shall provide the consumer with the following information:
(a) The geographical address where the trader is established, as well as their telephone number, fax number and e-mail address and, where applicable, the geographical address and identity of the trader on whose behalf they are acting;
(b) If it differs from the address provided in accordance with (a), the geographical address of the trader's place of business and, where applicable, that of the trader on whose behalf they are acting, to whom the consumer may address any complaint;
(c) The cost of using the means of distance communication for the conclusion of the contract, when such cost is calculated on a basis other than the base tariff;
(d) The existence of applicable codes of conduct and, where applicable, the procedures for obtaining a copy;
(e) Where applicable, the minimum duration of the consumer's contractual obligations;
(f) Where applicable, the existence of a deposit or other financial guarantees to be paid or provided by the consumer at the trader's request and the conditions relating thereto;
(g) The possibility, where applicable, of using an alternative dispute resolution procedure to which the trader is subject and the formalities required to access this procedure.
II. The information relating to the right of withdrawal mentioned in items 2, 3 and 4 of Article L. 121-17 may be provided through the standard information notice set out in the Annex to this Article, duly completed.
III. In the case of public auctions, information on the identity and contact details of the trader may be replaced by equivalent information concerning the auctioneer of voluntary sales.