Terms and conditions of use of the festicar.io platform

SUMMARY :

I - PURPOSE

II - DEFINITIONS

III - USE OF THE SITE AND SERVICES

1) REGISTRATION ON THE PLATFORM AND CREATION OF AN ACCOUNT

2) CONNECTION OF USERS

3) PUBLICATION OF CARPOOLING ADVERTISEMENTS

4) BOOKING A JOURNEY

IV - FINANCIAL CONDITIONS AND NON-PROFESSIONAL, NON-COMMERCIAL USE OF THE SERVICE

V - RULES OF CONDUCT

VI - RESPONSIBILITIES

VII - PERSONAL DATA

VIII - INTELLECTUAL PROPERTY

IX - APPLICABLE LAW AND DISPUTES

I - OBJET :

The company MODERN APPLICATIONS for MOBILITY SOLUTIONS, (hereinafter referred to as "Festicar"), registered in the Montauban (82) Trade and Companies Register under the SIRET number 94964802600019 and whose registered office is located at 4 GRAND RUE SAINT MAURICE 82130 LAFRANÇAISE, represented by its President, publishes a cultural carpooling platform intended to put drivers travelling to a common cultural event in contact with passengers going in the same direction in order to enable them to share the journey.

The purpose of these General Terms of Use is to govern access to and use of the Platform. We invite you to read them carefully.

When creating a trip or requesting a carpool reservation, you will be asked to create a personal account (Last Name, First Name, Email, Phone and Password) and to accept the present Terms of Use. By checking the box "I accept Festicar's Terms and Conditions", you acknowledge that you have read and fully accept these Terms and Conditions. Acceptance of the Terms of Use is a condition of your use of the Festicar Website and the Services.

Festicar reserves the right, at its sole discretion, to delete or suspend, at any time, the account of a User who does not comply with or does not respect the Terms of Use.

These Terms of Use may be modified at any time by Festicar. The new Terms of Use will then be published on the Site. They will come into effect as soon as they are published online.

II - DEFINITIONS

"Carpooling Ad": means an advert for a journey posted on the Platform by a Driver;
"Driver": refers to the natural person offering to transport another natural person called "Passenger", for a journey and schedule that he/she already makes.
"Cultural Event": refers to the encounter of "Users" with a cultural and artistic project carried out by an "Organizer" in a given place and time. The "Cultural Event" is materialized by its programming in connection with a territory.
"Organizer": means a natural or legal person responsible for the creation and organization of a "Cultural Event" who has an agreement with Festicar to put the platform online.
"Passenger": means the natural person who has booked the journey of the "Driver".
"Service": refers to all the services provided by the "Site" to put "Users" in contact with each other, it being specified that Festicar is never a party to the contract (of transport or otherwise) made between the "Users".
"Site": refers to the festicar.io website
User" means any natural person visiting the "Site", the "Passenger" and the "Driver".

III - USE OF THE SITE AND SERVICES

Festicar will do its utmost to keep the Site accessible 7 days a week, 24 hours a day. Nevertheless, access to the Site may be temporarily suspended, without notice, for technical maintenance, migration, updates or due to breakdowns or constraints related to the operation of networks. In addition, Festicar reserves the right to modify or discontinue, at its sole discretion, on a temporary or permanent basis, all or part of the access to the Site or its functionalities.

1) PLATFORM REGISTRATION AND ACCOUNT CREATION

The Festicar Site allows you to post Carpooling Ads, view Carpooling Ads and Carpooling Areas and interact with other Users to book a Carpool. You may consult the Advertisements even if you are not registered on the Site. However, you cannot publish a Carpooling Advert or book a carpool without first creating an Account.

Registration conditions for all festicar.io platforms: (I've put all the conditions in bullet points, to make them easier to read)

- In order to publish or book a trip, the User must create a personalized account.

- The Driver certifies that he/she is 18 years of age or older.

- The Driver certifies that he/she does not use the Service as a transport professional.

- The Passenger may be a minor, but the creation of an account or reservation must be made by a legal guardian.

- If the Passenger is under 16, he/she must be accompanied by a responsible adult.

- If the Passenger is over 16 and unaccompanied, he/she must have written authorization from a legal guardian.

- The Driver must have been informed and have given his/her prior consent.

By accepting the Terms of Use, the User declares and warrants that he/she is 18 years of age or older to create an account, publish or book a trip. Shouldn't it be "By accepting the Terms of Use, the User hereby declares and warrants that he/she is 18 years of age or older or that he/she complies with the above registration conditions"?

When creating an account, the User undertakes to provide accurate personal information and to keep it up to date via his/her dashboard. He/She must provide his/her surname, first name, telephone number and a valid e-mail address. All use of the Services, whether as a Passenger or Driver, is nominative. Both the Driver and the Passenger must correspond to the identity communicated on the Site. To publish a trip, the Driver must provide the model of his/her vehicle and its license plate, which must be exact and true to life, and update them via his/her dashboard. The User authorizes Festicar to publish the photograph and the name provided on the Site and to transmit, for the needs of the Service and through the personal dashboard, the e-mail address, the telephone number and the information concerning the vehicle to the other User involved in the carpooling.

When registering, the User undertakes to keep secret the password chosen when creating the account and not to communicate it to anyone. In the event of loss, the User may change it by clicking on "Forgot password". In the event of disclosure of the password, the User agrees to inform Festicar immediately. The User is solely responsible for any use made of his/her account by a third party. Festicar is not responsible for any fraudulent use by a third party or disclosure of your password to a third party.

Festicar reserves the right, at its sole discretion, to delete or suspend, at any time, the account of a User who is not in compliance or who does not respect the TOS.

2) CONNECTING USERS

Users can consult Carpooling Ads in order to travel to a Cultural Event.

Festicar provides Users with a search engine accessible on the Site based on various search criteria: department of departure, event category, events and dates, search by area or route, etc. Festicar invites Users to consult and use this search engine conscientiously. Festicar invites Users to consult and use this search engine conscientiously in order to determine the offer best suited to their needs. Users will also find a map of France and its legend indicating carpooling routes and areas.

To view or book carpools, Users have two options:

Search by route :

After filling in the search engine, Users can consult the proposed routes to the various Cultural Events on the map and/or on the list of published routes. By selecting a route, Users can access all the information on the proposed route and make a reservation if they wish.

Search by carpool area :

Festicar offers a wide range of car-sharing areas and parking lots based on the Base Nationale des Lieux de Covoiturage (CSV file on data.gouv.fr) and in collaboration with Organizers. Festicar takes the gamble of pooling departure points to encourage mutual assistance and car optimization. Users can suggest a new car-sharing area or parking lot to Festicar.

After completing the search engine, Users can consult the carpooling areas and parking lots on the map and/or on the list of areas. For each carpooling area, the number of carpooling Adverts offered and the number of Passengers interested in making a journey from the same carpooling area is displayed. By selecting an area, Users can access all the Carpool Ads offered from that area, and can indicate that they are interested in departing from that area by raising their hand (notifying themselves) on one or more Cultural Events.

The exchange of messages on the Discussion Forum about published journeys or carpooling areas between Users via the Site is intended solely for the purpose of sharing information about carpooling journeys.

3) PUBLICATION OF CARPOOLING ADVERTISEMENTS

To publish a trip, the Driver must provide the necessary information about the carpooling trip (departure department, carpooling area, event to which he/she is going, number of available seats in the vehicle, departure and arrival times, trip price, etc.).

To publish a trip, the Driver undertakes to meet all the following conditions :

hold a valid driver's license;
offer Carpooling Advertisements only for vehicles of which the Driver is the owner or which he/she uses with the express authorization of the owner, and in all cases, which he/she is authorized to use for carpooling purposes;
be and remain the principal driver of the vehicle which is the subject of the Carpooling Advert;
the vehicle is covered by a valid third-party insurance policy;
have no contraindication or medical incapacity to drive;
the vehicle used for the trip is a 4-wheeled passenger car with a maximum of 7 seats, excluding "no-license" cars;
not to publish another advert for the same journey on the site;
not to offer more seats than are available in the vehicle;
all seats offered have seatbelts, even if the vehicle is approved for seats without seatbelts;
to use a vehicle that is in perfect working order and complies with all applicable regulations and legal provisions, in particular with an up-to-date roadworthiness test;
not to act in a professional capacity. Acting in a professional capacity and not as a consumer exposes the Driver to the penalties provided for in article L.132-2 of the French Consumer Code. Any activity on the Site which, by the nature of the journeys offered, their frequency or the number of Passengers transported, would result in a profit situation for the Driver may be considered as a professional activity. Festicar cannot be held responsible for any professional or commercial use of the Services offered by the Site by the User.

The Driver acknowledges that he/she alone is responsible for the content of the Carpooling Ad published on the Site. He/She therefore declares and guarantees the accuracy and truthfulness of all information contained in the Carpooling Ad and undertakes to make a journey in accordance with the terms and conditions described in this Carpooling Ad. It is forbidden to publish a Carpooling Ad for a Driver other than yourself.

Festicar reserves the right, at its sole discretion, to remove, at any time, any Carpooling Ad that does not comply with the TOS or that it considers detrimental to its image, that of the Site or that of the Services.

4) BOOKING A TRIP

For carpooling journeys, the Passenger can make a reservation request for one or more seats on the carpooling advert published on the Site. This reservation request is accepted or refused manually by the Driver. The Passenger receives a reservation confirmation or refusal. If the User is booking on behalf of a third party, he/she undertakes to provide the Driver with the person's first name and contact details at the time of booking. As a reminder, if the Passenger is under 16 years of age, he/she must be accompanied by a responsible adult. If the Passenger is over 16 and unaccompanied, he/she must have written authorization from a legal guardian. The Driver must have been warned and have given his/her agreement beforehand.

As soon as the reservation is confirmed, Festicar will transmit the e-mail and telephone contact details of the Driver (if you are a Passenger) or the Passenger (if you are a Driver) on the personal dashboards. Users are now solely responsible for the execution of the contract binding them. The Passenger agrees to abide by the terms and conditions of the Carpooling Announcement, in particular the departure times and the contribution to costs made by the Driver to complete the journey. The contribution to costs is paid directly "hand to hand" between the Users, by the Passenger to the Driver during the journey.

For shuttle trips, Festicar offers the possibility of reserving a shuttle service provided by the Organizers for certain Cultural Events. The Passenger can book this trip in the same way as a carpool trip and agrees to respect the terms and conditions of the published Ad (departure times, contribution to costs, etc.).

IV - FINANCIAL CONDITIONS AND USE OF THE SERVICE FOR NON-PROFESSIONAL AND NON-COMMERCIAL PURPOSES

Access to the Site is entirely free of charge for all Users.

However, a Driver may ask Passengers to contribute to the costs. The contribution to costs is paid directly "hand to hand" between Users, by the Passenger to the Driver during the journey.

This participation is not mandatory, the Driver may offer a free ride. Festicar will not take any commission from the Driver's share of the expenses. The Driver may offer in return for the Service a payment in cash, with an online payment device (Paylib, Lydia...), in kind or offer the Service free of charge. The Passenger agrees to keep his/her contribution commitment and Festicar will not act as a mediator and will not be held responsible in case of disagreement between the parties.

The Driver may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs and may not charge more than he/she actually incurs. He/she is responsible for calculating the costs he/she incurs for the car-sharing journey, and ensures that the amount charged to Passengers does not exceed the costs he/she actually incurs (excluding his/her share of the costs), in particular by referring to the applicable flat-rate kilometre tax scale. As a reminder, acting in a professional capacity entails the penalties provided for in article L.132-2 of the French Consumer Code.

Festicar does not interfere in the journeys made, the destinations, the schedules, and the contributions to expenses in such a way that Festicar cannot in any case be held responsible for a professional or commercial use of the Services proposed by the Site by the Users.

V - RULES OF CONDUCT

The User acknowledges that he/she alone is responsible for complying with all laws, regulations and obligations applicable to his/her use of the Site.

By using the Site and during carpooling or shuttle journeys, the User, whether Driver or Passenger, expressly undertakes to :

To comply with the present Terms and Conditions
Not to use the Site for professional, commercial or profit-making purposes;
Not to transmit any false, misleading, deceptive or fraudulent information;
Not to infringe Festicar's rights or image, in particular its intellectual property rights;
Not to contact another User, in particular through the Site, for any purpose other than defining carpooling arrangements;
Not to make any comments or behave in any way during the carpooling trip or on the Site (including Messages) that are defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, sexist or sexually oriented, or that incite violence, discrimination or hatred, encouraging illegal activities or the use of illegal substances or, more generally, illegal, contrary to applicable laws, these TOS or the purposes of the Site, likely to infringe the rights of Festicar or a third party or contrary to accepted standards of behaviour;

By using the Site and during carpooling trips, the Driver expressly undertakes to:

Comply with all laws, rules and codes applicable to driving and to the vehicle, and in particular to have valid third-party liability insurance at the time of the carpool trip and to be in possession of a valid driver's license;
Ensure that the insurance of the vehicle making the carpooling trip covers carpooling and that Passengers are considered third parties in this vehicle and therefore covered by the insurance;
Use a vehicle that is in perfect working order and complies with all applicable regulations and legal provisions, in particular with an up-to-date roadworthiness test;
Be in possession of all administrative documents required for police or border checks, in particular identification, driving license, vehicle registration document and insurance certificate.
Not to take any risks at the wheel
Not to take any substance likely to impair their attention or ability to drive safely and vigilantly, particularly alcohol or illegal substances;
Refrain from smoking in the vehicle;
Guarantee that they have no contraindications or medical incapacity to drive;
Not to transport, during the carpooling trip, any object, merchandise, substance or animal whose nature, possession or transport is contrary to the legal provisions in force or is dangerous;
Respect the times and places agreed with Passengers;
To inform the Passenger(s)/Passenger(s) without delay of any impediment, change of time, place or route;
Not to take more Passengers/Passagères than the number of seats available in the vehicle making the carpooling journey, taking into account any luggage of Passengers/Passagères and the capacity of the vehicle;
Ensure that Passengers can reach you by telephone, at the number registered on your profile in your dashboard.

By using the Site and during carpooling trips, the Passenger expressly undertakes to :

Behave appropriately during the carpooling trip, so as not to interfere with the Driver's concentration and driving, or with the peace and quiet of other Passengers;
Respect the driver's vehicle and its cleanliness;
Adopt the rules that apply to Passengers, in particular the wearing of seatbelts;
Not to take any illegal substances; if alcohol is taken, it must be in moderate quantities and appropriate to the situation.
Refrain from smoking in the vehicle;
To inform the Driver without delay of any impediment, particularly delays.
Not to carry any object, merchandise, substance or animal during the carpooling trip that might interfere with the Driver's driving or concentration, or whose nature, possession or transport is contrary to current legal provisions or dangerous;
Passengers may not be accompanied by animals, except in the case of guide dogs for the visually impaired. In this case, he/she must request prior authorization from the Driver before booking the trip.
Make sure you can be reached by telephone by Passengers, at the number registered on your profile in your dashboard.

VI - RESPONSABILITIES

Festicar is a Carpooling Site where Users can create and publish Carpooling Ads to go to a Cultural Event. These Carpooling Ads can be consulted by other Users to find out about the terms and conditions of the journey and to reserve one or more seats in the vehicle making the carpooling journey.

By using the Site and accepting these Terms and Conditions, the User acknowledges that neither Festicar nor the Organizers of the Cultural Event are party to any agreement between Users to share the costs of a carpooling trip.

Festicar and the Organizers of the Cultural Event have no control over the behavior of the Users. They do not own the vehicles that are the subject of the Advertisements. Within the framework of a carpooling trip, Users act under their sole and entire responsibility, in particular in accordance with the provisions of the Civil Code relating to the law of obligations and contractual civil liability (article 1101 et seq. of the Civil Code).

Users acknowledge and agree that Festicar and the Organizers of the Cultural Event have no control over the validity, truthfulness or legality of the Ads, places and routes offered. Festicar and the Organizers of the Cultural Event cannot be held responsible for erroneous information communicated by the Driver in his/her Ad, or by any other means, regarding the journey and its terms and conditions; for the cancellation or modification of a journey by a Driver, for the behavior of Users during, before, or after the Journey, for traffic accidents, assaults or damage to the vehicle that may occur (breakage, theft...) particularly at car sharing areas. ), particularly in carpool areas.

VII - PERSONAL DATA

For any processing of personal data carried out in connection with the Site, Festicar complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as with all additional rules applicable to personal data in France.

Festicar will not divulge or sell any information, documents or data of the Users of the Site. Festicar collects data only for the purpose of the proper functioning of the Services and will not be transmitted to the Organizers of the Cultural Events.

In accordance with the French law n°78-17 of January 6, 1978, the User has the right to access and modify his/her personal data. He/she can directly modify this personal data on his/her personal dashboard.

VIII - INTELLECTUAL PROPERTY

Festicar is the sole owner of all intellectual property rights relating to the Service, the Site, its content (including text, images, designs, logos, videos, sounds, data, graphics) and the software and databases that support them.

Festicar must provide written authorization for any reproduction, modification or adaptation of the Site, the Services or its content.

The User remains responsible for and owns all rights to the content and messages he/she posts on the Site. However, in order to benefit from the Services, the User authorizes Festicar to reproduce, represent, adapt and translate the content and data communicated, with the exception of telephone numbers and email addresses, communicated only to other Users for carpooling purposes.

IX - APPLICABLE LAW AND DISPUTES

These GCU are drafted in French and subject to French law, without prejudice to the more protective provisions of the law of the consumer's habitual residence.

In accordance with articles L.611-1 et seq. of the French Consumer Code, for any dispute of a contractual nature that cannot be resolved through a complaint previously submitted to Festicar, you may, in your capacity as a consumer, have recourse to free mediation by contacting: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.

If you wish to draw our attention to a subject, please contact us at the following address: contact@festicar.info or you will find a button "Give your opinion" at the bottom of the page of the Site.

Last modified 05/15/2024