Terms and Conditions

(Provision of chauffeur-driven vehicles)

Preliminary Article: Definitions

Customer: The natural or legal person booking the service either on their own behalf or on that of a beneficiary and who shall, in all circumstances, be liable for the obligations set out in this contract. This term includes the actual Customer, their guests and their staff.
Service: Provision of a chauffeur-driven vehicle according to the terms set out in the contract and in these Terms and Conditions.
Reservation: Firm and definitive commitment by the Customer prior to signing the Contract, explained in more detail in Article 3.
Company: A French société par actions simplifiée (simplified joint stock company) called GESTI-CAR, with a capital of €38,000 registered with the Paris trade and company register (RCS) under the number 518 774 088 Paris
Vehicle: Chauffeur-driven hire car according to applicable regulation and used to provide the Service for the Customer.
Chauffeur: Individual authorised to drive the vehicle and holding a valid driving licence.


Article 1 – Service


● The Service provided by the company GESTI-CAR (hereafter « the Company »), as governed by articles L.231-1 to L.231-4 and R.231-1 to R.231-9 of the French tourism code (Code du tourisme), consists in the provision of a Vehicle for the Customer, along with the services of a Chauffeur.
● The following are included in the Service, without prejudice to the options defined with the Customer:
● The Vehicle provided for the Customer,
● The provision of a French-speaking Chauffeur,
● Passenger insurance,
● Fuel,
● The kilometres and hours defined when reserving and/or when signing the contract,
● The transport of the Customer’s luggage, up to [40] kilos per Vehicle.
● The following are not included in the Service:
● The cost of tolls, parking, car parks or entry to venues whether chosen by the Customer or essential to the delivery of the Service.
● Entry to public or private places,
● Telephone or IT communications (Internet, etc.) sent or received using the telecommunications tools of the Vehicle and/or the Chauffeur.
● The chauffeur’s meal if still under hire during meal times. This service is subject to special pricing available from the Company’s head office.
● Personal assistance services such as protecting the occupants from assault, abduction, etc. which the Customer must, if he or she so wishes, ensure by a third party of his or her choosing.

1.2 Location and Duration of the Service


Except where otherwise agreed beforehand by the Parties, the Service starts on the day and at the time stated in the contract from the moment the Vehicle leaves the garage.
It ends on the day and at the time of the Vehicle’s return to the point of departure.
The scope and cost of the Service (see Appendix 1) are freely determined by the company GESTI-CAR and the Customer prior to the Service’s delivery.
These figure on the contract signed by both parties prior to the Service’s delivery.


Article 2: Price and Payment Methods


2.1 The prices shown in our prices section include VAT at the rate set by the applicable regulation for transport services.
2.2 All services are subject to a written reservation, according to the terms set out in Article 3, accompanied by a deposit of 50% of the total cost of the Service.
The cost of the Service must be paid in euros prior to delivery of the Service.
The following payment methods are accepted: cash (in euros) pursuant to regulations applicable to this type of payment, cheques, bank transfers from a leading European bank or an overseas bank firmly established within the European Union, VISA or MASTERCARD Premier or Infinite or AMERICAN EXPRESS Gold or Platinum.
In the event of payment by cheque, the Service may only start after confirmation by the Company that the cheque and the resulting funds have been cashed.
Under all circumstances, the Customer making the reservation will be solely responsible for payment of the Service.
Any additional service will be invoiced on the basis of the price list available from the Company’s registered office.
By express agreement, any pricing unit (hour, kilometre, etc.) commenced must be paid.
2.3 A deposit, the amount of which is set out in the price list available from the Company, is required of the Customer prior to delivery of the Service.
This deposit shall be paid under the terms set out in 2.2, with the exception of cheques which are not accepted. The Company may request that the deposit be paid using the two bank cards mentioned above.
It will be returned to the Customer at the end of the Service, minus the cost of any damage caused to the Vehicle.
2.4 An invoice will be issued to the Customer at the end of the Service setting out the price of the Service, its components and the applicable VAT rate.


Article 3: Reservation


3.1 All reservations for a Service must be made no less than 48 hours prior to the start of the Service.
It must be made by the Customer or by a duly authorised agent.
3.2 All reservations must mention the location of the Service, the number of passengers and the name, along with the contact details of the beneficiary of the Service if different to those of the Customer.
3.3 Cancellations must be notified 48 hours before the start of the Service.
Failure to do so, and for whatever reason, will result in payment of a non-deductible, flat-rate penalty equal to the amount initially agreed during the Reservation.
Article 4: Conditions of Use
4.1 The Company imposes a duty of care and due diligence on its staff in driving the Vehicle.
Consequently, the Chauffeur must comply with the various regulations pertaining to the use of vehicles and must take every necessary measure, when delivering the Service, to ensure the safety of the Vehicle’s occupants and of the Vehicle.
The Chauffeur reserves the possibility of refusing any instructions and/or requests by the Customer that he or she feels may compromise the safety of the Vehicle’s occupants and/or of the Vehicle.
4.2 The number of passengers authorised (including the Chauffeur) is shown in the technical specifications for the Vehicle. Under no circumstances may this number be exceeded.
4.3 Any damages caused to the Vehicle and/or other vehicles (for example, when opening the doors in a hurry) will be at the Customer’s expense unless he or she can prove that it was caused by a third party.
The occupants of the Vehicle, employees, service providers or guests of the Customer cannot be considered third parties.
4.4 The transport of animals is prohibited unless otherwise authorised and duly mentioned in the Contract.
4.5 Smoking or the consumption of alcohol or narcotics inside the Vehicle is strictly prohibited.


Article 5: Non-performance – Force majeure – Unforeseeable circumstances – Limitation of liability – Termination of the service due to the Customer’s behaviour


5.1 In the event that the Company is unable to provide the Vehicle specified in the contract, the deposit will be reimbursed, unless the two parties agree to the provision of another vehicle.
5.2 The Company reserves the possibility of not performing the Service in the event of force majeure, an unforeseeable circumstance, the fault of a third party or any event that may pose a danger to the Customer, his or her guests or staff, the Chauffeur or the Vehicle.
As such, the total or partial non-performance of the Service shall not entitle the Customer to compensation.
5.3 The Company is under no obligation to keep the luggage, or any other items, property, clothes, personal effects, etc. left in the Vehicle during or at the end of the Service.
5.5 The Chauffeur may, without the Company being pursued or held liable to compensation, terminate the Service in the case of injurious or insulting behaviour toward him or her, or in the event that the Customer or his or her guests, staff or service providers appear drunk or to have consumed narcotics.
5.6 The Company may not be pursued or held liable for any harm caused in the event of the Vehicle’s delay.


Article 6: Applicable law – Election of domicile – Court of jurisdiction


6.1 These Terms and Conditions and the Contract have been written in French which shall prevail over any translations in any language.
6.2 Only French law will apply. The parties elect domicile at their respective registered offices and residences.
6.3 All disputes relating to the interpretation and/or the execution of these Terms and Conditions will come under the Paris commercial court or, if the customer is an individual, of the defendant’s registered office.


Article 7: French Data Protection Act


In accordance with the French Data Protection Act (loi informatique et liberté) no. 78-17 of 6 January 1978, the Customer has the right to access and modify the data concerning them.

Contact:


Registered Office:
78 avenue des Champs Elysées – 75008 Paris
Tel: +33 (0)134 344690
Fax: +33 (0)139 479267
contact@gesti-car.com

Agence Argenteuil:
24/26 rue jean Moulin – 95100 Argenteuil
Tel: +33 (0)134 344690
Fax: +33 (0)139 479267
contact@gesti-car.com

Organisation Chart:
President
Christophe PETRUCCI
cpetrucci@gesti-car.com

Commercial Manager
Guillaume MAGNE
gmagne@gesti-car.com
contact@gesti-car.com

Gesti-Car operates under licence no. 2010/11/0002720 concerning road passenger transport for hire, issued by the French Ministry of Transport (DRIEA IDF).