General Conditions of Use of the MyEcoCar website, carpooling service between individuals.
1. Scope and definitions
These general conditions apply to the services offered by the MyEcoCar site, registered in the directory of Associations in Strasbourg. MyEcocar covoiturage 1a Place des orphelins 67000 Strasbourg
The hosting of the site is provided by the company OVH
General conditions of use (CGU) : refers to the General Conditions of Use as well as to the code of good conduct with which the Users of the Site.
Service : refers to any service provided to a User through the Site, it being further recognized that MyEcoCar is not affiliated with any transport contract.
User account: refers to the account that must be created in order to become a User and thus be able to access the services offered by the Site.
The site : refers to the MyEcoCar site and, in general, any website published or co-published by MyEcoCar.
The driver : refers to the natural person proposing on the site to transport another natural person for remuneration, the sum of which is defined in advance, and for a route and a schedule determined by him.
The passenger : refers to the natural person who has accepted a Driver's transport proposal.
The path: refers to the act of service accepted and carried out by the Driver who thereby undertakes to transport the Passenger in exchange for a sum determined in advance, according to a defined route and schedule.
Contribution to costs, price of carpooling : refers to the amount of money that the Driver asks the Passenger and that the latter accepts as his Contribution to the travel costs involved in the Trip. This Contribution is limited solely to the sharing of the costs of the Trip and no profit can be made by the Driver. Failing this, the Driver may see this service not authorized by MyEcoCar be requalified, in particular by being considered as a professional and he alone will bear the risks of this requalification.
1.1. Terms of Service
1.1.1. Use of the Site requires acceptance of these General Conditions of Use. When creating the User Account, the new User must tick the box “you accept our General Terms and Conditions of Use”. Access to the services offered is only permitted after acceptance of these T&Cs. Acceptance of these T&Cs is complete and forms an indivisible whole, it is therefore impossible for the User to choose to see only one part of the T&Cs applied or to issue reservations.
1.1.2.The acceptance of the T&Cs necessarily implies that of the Charter of good conduct as well as that of the article concerning the processing of users' personal data. If any breach of any of the obligations provided for herein is found, MyEcoCar reserves the right to delete the User Account in question. MyEcoCar may also modify the T&Cs, the features offered by the site and the operating rules of the Service at any time.
1.1.3. Any modification takes effect immediately when the T&Cs are put online, which any User acknowledges having consulted beforehand.
1.1.4.In the event that the modification takes place after payment by the Passenger of a sum of money corresponding to the Contribution to Costs, this modification does not apply to the transaction in progress.
2. Use of the Site
To benefit from the online services that MyEcoCar offers, it is essential that each User registers beforehand, and that he creates a User Account for this purpose through which he delivers personal data, including surname, first name, age, title, a valid telephone number and e-mail address. These data are necessary for an optimal connection of people. When registering, the new User must certify that they are over 18 years old. If it turns out that a User communicates information that proves to be erroneous or fraudulent, MyEcoCar can in no way be held responsible. In addition, the user must under no circumstances create or use accounts other than the one he initially created, neither under his own identity nor under that of a third party.
2.1. Use of the Service
2.1.1. By registering on the Site, the new User undertakes to use the MyEcoCar service only for contact, on a non-professional and non-commercial basis, with people seeking to make a trip together.
2.2.2. If it turns out that the services offered by the Site are used for professional or commercial purposes, MyEcoCar cannot be held responsible in any way.
2.2.3.Any activity carried out on the Site and which would result in a situation of benefit for the Driver, due to the nature of the Trips offered by the latter, their frequency or the number of Passengers transported, may be considered commercial. The Contribution to Costs requested from its Passengers by the Driver must indeed remain only a Contribution to Costs, and must not be accompanied by any benefit for the Driver. The latter thus undertakes to calculate all the costs involved in the Trip he is proposing (including fuel, tolls, repair costs, technical inspection, maintenance, depreciation and insurance of his vehicle) and to ensure that he will not derive any benefit from the amount requested from his Passengers.
2.2.4.Since MyEcoCar's activity is strictly limited to connecting people offering a carpooling Trip between individuals on a non-professional basis, Drivers cannot therefore be considered to carry out a transport activity. Under no circumstances does the MyEcoCar team intervene on the Trips, destinations or timetables, the MyEcoCar site constituting only a simple platform. The Driver does not have to ensure the obligations of a carrier. The Passenger cannot therefore expect the performance of this type of service.
2.3. The reservation
2.3.1. In order to reduce the risk of last-minute cancellations by users and to increase the security capital, MyEcoCar offers all of its Users a Reservation service confirmed by sending an SMS. However, if in particular one of these risks occurs, the responsibility of MyEcoCar can in no way be engaged.
2.4. Reservation and confirmation
2.4.1. When the Driver offers a Trip on the Site, he specifies the time of departure and the time of arrival, the date and the times, as well as the various methods. The reservation by the Passenger of one or more places from the Site can only be done if he has created an account on the site. The reservation is confirmed by receipt of an SMS. The driver and the passenger are then engaged. An email is also sent to the passenger and the driver by which they are informed of the confirmation of the reservation. All reservations being nominative, it is necessary that the driver and the passenger both correspond to the identity previously communicated to MyEcoCar. In case of' 2.4.2. Carpooling price: MyEcoCar does not apply commission on reservations, the use of the site is free.
2.5. Payment of the Driver at the end of the trip
2.5.1. The passenger's contribution to the costs is made exclusively by direct payment to the driver. 2.5.2. In the event of a payment incident (in particular in the event of refusal of payment by the passenger) MyEcoCar is in no way held responsible or liable with regard to the passenger.
2.5.3. The driver shows up at the agreed time and place; failing this, or in the event of cancellation without having notified the passengers who have reserved, MyEcoCar reserves the right to keep the information related to this cancellation in the database on its profile and/or to publish this information on its online profile and /or to suspend the Driver's access to the Site.
2.5.4.If after the reservation of one or more Passengers, the Driver decides to modify any condition of the Journey with Reservation as initially planned, the Driver undertakes to contact without delay the Passengers who have reserved on his Journey in order to obtain them their agreement to this modification of the said Trip. In the event of refusal of this change by a Passenger, the latter is entitled to proceed with the complete cancellation of his reservation.
2.6. Mandatory documents
2.6.1. The Driver must have insurance in accordance with the legislation in force and check before any Trip the full validity of this insurance. It is also imperative that he has a valid driver's license. Exclusively for information purposes, insurers commonly admit that a Passenger who contributes to the cost of travel is considered to be transported free of charge, that he is a third party in the vehicle, and that consequently the minimum third-party insurance generalized in Europe covers it. 2.6.2.It is the responsibility of each Passenger and Driver to check that this is the case of the Driver's insurance. If the Driver uses a company vehicle, he must in particular check that the transport of passengers is permitted by his insurance and that this covers any person transported as well as any consequences of an incident that may occur during a carpool trip.
2.6.3.The Passenger and the Driver are informed of the fact that the insurance companies may refuse to cover damage that may be caused during a Journey for which the Driver would have made a profit or would have been in a situation that could be assimilated to a professional activity. In this case he would be alone to bear the financial consequences linked to the absence of coverage by his insurer of a possible accident, and the responsibility of MyEcoCar could not be engaged. The latter reserves the right to proceed with the immediate suspension of the User's account and the sums appearing therein, and to inform the competent authorities of any activity of a professional nature.
2.7. Litigation management
2.10.1. A dispute resolution service is made available by MyEcoCar to its Users. You can reach us at email@example.com. To do this, the User must specify his Passenger or Driver status, the reason for his request as well as the number of his trip or his reservation sent in the reservation confirmation emails. The main purpose of this service is to settle disputes related to journeys made.
2.8. Certification of the number
2.8.1. In order to increase his capital of trust and deal with obsolete numbers, it is mandatory for each User to certify his mobile phone number. For this, the User receives an SMS on which appears the 4-digit code that he must enter in the appropriate field during the first registration.
3.1.1. As carpooling results exclusively from the agreement concluded between the Driver and the Passengers, it appears that the users of the service act under their sole and entire responsibility. Consequently, as MyEcoCar is an intermediary, the actual progress of the Trip proposed by the Driver and accepted by the Passenger cannot entail any liability which may be attributed to MyEcoCar, whatever the reason. It is impossible for MyEcoCar to be held liable for a claim that may have occurred, in particular if: The driver has provided erroneous information about the Trip and its terms. The Driver or Passenger has canceled the Trip The Driver or the Passenger has committed a fraudulent action, whether before, after or during the Journey. In particular, no form of liability can be held against MyEcoCar if the Passenger fraudulently uses any means (instrument) of payment. In this case, MyEcoCar does not provide any payment guarantee for the Driver.
3.1.2.MyEcoCar strives to ensure the opening of the Site and the service 24 hours a day, 7 days a week. If it turns out that access to the Site or the service is interrupted due to maintenance operations , hardware or software upgrades, emergency repairs to the site, or due to circumstances beyond the control of MyEcoCar., the latter undertakes to ensure that these disruptions are limited as much as possible by taking all the appropriate measures.
3.1.3. Any User acknowledges and accepts that MyEcoCar assumes no liability towards them concerning the unavailability, suspension or interruption of the Site or the service. MyEcoCar cannot be held liable for any resulting damage, whether direct or indirect, and of whatever nature.
3.1.4.In all cases, and without prejudice to what has just been set out above and in the other clauses related to the absence of liability of MyEcoCar, any cause of liability which could be held against MyEcoCar cannot give rise only to the payment of damages, the amount of which will be limited to the amounts collected as Service Fees or Cancellation Fees (if applicable). The price set by the Driver for their carpool ad is their sole responsibility.
4. Interruption and suspension of access to the Site
4.1.1. In the event of non-compliance on his part with all or part of the T&Cs, or for any other objective reason, the User acknowledges and accepts that MyEcoCar may proceed without prior notification and at any time, temporarily or permanently, to interrupt or the suspension of all or part of the Service or its access to the Site, including in particular its User Account.
5. Processing of personal data of users of the site
5.1. General provisions
5.1.1. In accordance with the provisions of Law No. 78-17 of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004 relating to data processing, files and freedoms, MyEcoCar proceeded on April 9, 2014 with the Commission Nationale de l'Informatique et des Libertés (CNIL) to the prior declaration of the processing it operates on the personal data concerning the User, in accordance with simplified standard n ° 48 (CNIL deliberation n ° 2005-112 of June 7 2005 creating a simplified standard concerning the automated processing of personal data relating to the management of customer and prospect files - JO n°149 of June 28, 2005). Declaration number 1826966v0.
5.1.2.The processing of data concerning the User is the responsibility of MyEcoCar. In accordance with the provisions of simplified standard no. 48, only MyEcoCar employees and service providers who operate the Site or provide the service offered have access to the User's personal data. An exact answer from the User is necessary concerning the data presented as mandatory in the form allowing to become a user of the Site and the service. In the event of a lack of response or a response considered abnormal by MyEcoCar, the latter may issue a refusal to take into account the User's registration request for the MyEcoCar service.
5.2. Transmission of personal data to third parties
5.2.1. In accordance with the provisions of simplified standard n°48, MyEcoCar reserves the right to transmit all or part of the personal data concerning Users in strict compliance with simplified standard n°48 and the Data Protection Act of August 6, 2004 Any use of personal data other than that specified above must be made after individual and explicit consent from the Users.
5.2.2. In accordance with law n°78-17 of January 6, 1978, MyEcoCar must obtain the agreement of Users for any transmission of their data to commercial partners for the purposes of direct marketing operations, by means of a box to check.
5.3. Right of access, rectification and opposition
5.3.1. The User has the right to access and rectify the personal data concerning him, in accordance with Law No. 78-17 of January 6, 1978, by contacting the Site Manager then completing and sending the contact form except with regard to the personal data provided to MyEcoCar at the time the User completed the online membership form, data which it is his sole responsibility to modify and update, as is stipulated in article V.4 “Update of personal data”.
5.3.2.In accordance with law n ° 78-17 of January 6, 1978, any User has the right to oppose free of charge and free of charge that the personal data concerning him can be used by MyEcoCar or by its commercial partners for prospecting purposes. , especially commercial. In the event that a User exercises his right of opposition for this reason directly with MyEcoCar, the latter undertakes to pass on the opposition issued by the User to the contractual partners of MyEcoCar to whom he may have transmitted the data. personal data of said User.
5.3.3.In accordance with Law No. 78-17 of January 6, 1978, MyEcoCar must ensure that personal data concerning Users, even those communicated to potential business partners, are not disseminated outside the European Union, except in the case of express and prior consent of the User in this sense. 5.3.4. In accordance with the law n°78-17 of January 6, 1978, MyEcoCar reserves the right to transmit the personal data of the Users, either in respect of a legal obligation, or in application of an administrative, judicial decision or a decision emanating from an independent administrative authority (in particular the National Commission for Computing and Liberties).
5.4 Updating personal data
5.4.1. The User undertakes to ensure the updating of the personal data concerning him and ensures that these are of course complete, exact and unequivocal. The user account is accessible to the User at any time on the Site by means of his password and his login.
5.5 Security of personal data
5.5.1. In accordance with Law No. 78-17 of January 6, 1978 and due to the nature of the data and the risks presented by the processing of the personal data of its Users, MyEcoCar undertakes to take all useful precautions in order to preserve the security of this data and, in particular, to prevent it from being distorted, damaged, or accessible to unauthorized third parties.
5.6 The site host
5.6.1. No right is granted to the host of the Site with regard to the use of the personal data of users to which the said host is likely to have access, except for the purposes of performing technical hosting services and managing databases. data and exclusively within the framework of the contractual conditions provided for and signed between the host and MyEcoCar, which cannot derogate from this article.
5.7 Intellectual Property
5.7.1. MyEcoCar owns the Site. Any reproduction, even partial, is subject to the prior written authorization of MyEcoCar. The reproduction of elements of the Site by visitors to the Site is strictly prohibited. Any contrary use of any part or any element of the Site would constitute an infringement that could expose the offending visitor to civil and criminal prosecution and to the penalties mentioned.
5.8 Content of the Site entered by Users
5.8.1. The content entered by the Users of the site is in no way the responsibility of MyEcoCar. However, in the event that it is brought to the attention of MyEcoCar that content infringes the rights of a third party, MyEcoCar will take the necessary steps to immediately remove this disputed content.
5.9 Partner websites
5.9.1. Acceptance of these T&Cs implies acceptance of publication on the MyEcoCar Site of the information provided during registration.
5.9.2. It is granted to MyEcoCar the right to reproduce the information appearing on the Site or on one of the partner sites, in particular the advertisements published on one of the sites published or co-published by MyEcoCar.
6 Carpooling and insurance
6.1.1 Motor insurance is compulsory (article L. 211-1 of the insurance code). The owner of a vehicle wants to start carpooling, he must take out at least civil liability insurance. This guarantee covers damage that may be caused to third parties in the event of a claim. 6.1.2. Passengers are covered. It is always best to check your contract, because certain situations may be excluded from guaranteed situations. You must check in particular that the insurance in question does indeed cover travel between home and work if this is what is envisaged, and the loan of the steering wheel if ever the driver is not the owner of the vehicle or if the driver wants to entrust the driving to another person during the trip. Except in special cases, carpooling, whether occasional or usual, does not entail any modification of the driver's insurance contract. An extension of warranty is therefore in principle not necessary. As a reminder, the absence of insurance, including through negligence, constitutes an offence. (article L. 324-2 of the highway code). 6.1.4. carpooling between private individuals must not give rise to remuneration for the driver and must be limited to sharing the costs of using the vehicle.
7. Disputes and opposition
7.1.1. Any claim against MyEcoCar and in relation to the present is statute-barred within one year. If a payment has not been claimed within one year, it is presumed that the Driver or the Passenger has waived it. The unclaimed sums revert by right to MyEcoCar. In the event of a dispute, the competent jurisdiction will be considered to be the competent courts of the place of the registered office of MyEcoCar.