terms & conditions
of use
Plan
1. GENERAL
The company Chauffeur Privé Québec INC. with a capital of 130 000 $, domiciled at 395 rue Mathieu Da Costa - G2K0K4 - Quebec City - Canada (hereinafter "Chauffeur Privé Québec" or "CPQ") allows its users to book chauffeur-driven transportation services ("STC") on its own online platform, via integration with other online platforms or via applications for mobile terminals ("applications", all applications constituting the "CPQ technological tools"). Chauffeur Privé Québec's service consists solely of putting the user in touch with a Chauffeur Privé Québec driver.
These terms and conditions of use (hereinafter the "TOU") form an integral part of any agreement entered into by the User with the transportation services offered by Chauffeur Privé Québec. They also describe in detail the transportation services resulting from the direct relationship between the User and Chauffeur Privé Québec.
Any modification of the GCU by the user will not be taken into account, even in the case of a written confirmation and unconditional services. Any change requires the express written confirmation of Chauffeur Privé Québec's management.
2. CONTRACTUAL RELATIONS AND CONCLUSION OF CONTRACT
2.1 CONTRACTUAL RELATIONS
CPQ technology tools are provided by Chauffeur Privé Québec, and by third parties. Chauffeur Privé Québec provides the user with the right to transport only, which is provided by Chauffeur Privé Québec.
To this end, Chauffeur Privé Québec enters into the necessary agreements with the PTC provider on its own behalf, thereby enabling the User to access the transportation service offered by the PTC provider ("third-party contract", or "user transportation contract"). The user is then entitled to demand the provision of the transport service and other rights directly from the STC provider.
The agreement concluded between Chauffeur Privé Québec and the User concerns access to the service and the provision of transportation.
2.2 CONCLUSION OF CONTRACT
The User enters into a relationship agreement by filling out a reservation form via the CPQ technology tools or by telephone with Chauffeur Privé Québec ("Order a Ride" by the User). The purpose of this agreement is to organize an STC according to the User's request.
Chauffeur Privé Québec will send a confirmation of receipt to the User's e-mail address with details of the requested transportation service. Chauffeur Privé Québec will only confirm receipt of the User's order.
The contact agreement between Chauffeur Privé Québec and the User for the desired journey only comes into effect after Chauffeur Privé Québec has sent an e-mail containing a separate statement ("Booking Confirmation"). The User is then entitled to demand the transportation service offered by the STC Provider and to assert other rights directly with the STC Provider.
3. OBLIGATION OF USER REGISTRATION FOR THE USE OF CPQ TECHNOLOGICAL TOOLS
The user is responsible for ensuring that all information submitted to Chauffeur Privé Québec by him/herself or on his/her behalf by a third party is complete and correct. Registrations using automated procedures are prohibited.
4. SELECTED THEMES FROM THE CONTRACT OF CARRIAGE FOR THE BENEFIT OF THE USER
The details described in paragraph 4 with respect to an order placed by the User (collectively referred to as the "Terms and Conditions of Carriage") may only be claimed by the User from CPQ if they have been agreed upon as part of the contract for access to the Service entered into with Chauffeur Privé Québec. The following terms and conditions apply to the relationship between the User and Chauffeur Privé Québec:
4.1 SINGLE TRIPS/HOURLY BOOKINGS; SERVICE CHANGES
When ordering a trip, the user can choose between a single trip and a reservation by the hour. If, following a request from the user or guest, the actual journey involves additional services compared with the planned journey order, CPQ undertakes to meet this request as far as possible. Unplanned individual services may incur additional charges; please refer to paragraph 5.
Insofar as the driver's availability permits, the user or guest has the right to change the transport arrangements even after the contract has been concluded in accordance with paragraph 5 and the remuneration described therein.
4.1.1 In the case of single trips, the price indicated is valid for one trip between the pick-up address and the destination address. Each stop on the direct route may incur additional charges in accordance with the price structure in force (see paragraph 5).
4.1.2 In the case of hourly reservations, the trip must end within the municipal zone of the pick-up location. Hourly reservations always start at the pick-up time stipulated in the reservation.
4.2 VEHICLE CATEGORY/VEHICLE MODEL, OVERCLASSIFICATION When ordering a trip, the user can choose between different vehicle categories (e.g. "Business Class", "Business Van/SUV" or "First Class").
The vehicles shown in the CPQ technology tools are examples only. These images in no way give the right to demand a particular vehicle model for the vehicle category reserved; regional differences in particular are possible.
Subject to availability, an upgrade from the "Business Class" vehicle category to a higher category (e.g. "Business Van" or "First Class") at no extra cost to the user is possible at any time.
4.3 TRANSPORT SAFETY; CONSEQUENCES
4.3.1 LUGGAGE, ANIMALS
The price indicated on the booking confirmation includes the number of baggage items specified on the booking form. Excess baggage, particularly bulky baggage or the transport of animals not mentioned on the booking form may incur additional charges. In such cases, the cost of accessing the service may exceed the costs indicated in the booking confirmation (please refer to paragraph 5 below).
CPQ may also refuse to transport luggage and/or animals not provided for in the contract. This clause also applies if the animals do not have a suitable, closed transport crate.
4.3.2 TRANSPORTING CHILDREN
The user is required to indicate the number and age of children to be transported, and the type of equipment needed to transport them, if necessary.
4.3.3 INFORMATION ON THE NUMBER OF GUESTS AND BAGGAGE
The maximum number of guests and luggage specified for a particular vehicle is an estimate based on factors such as the size and weight of guests and luggage. These specifications are not binding. CPQ may refuse to transport people or luggage if it considers that space and safety requirements have not been met.
4.3.4 TRANSPORT IMPOSSIBILITY
CPQ reserves the right to refuse a ride if, when ordering a ride, the user has failed to mention or has not correctly mentioned any binding requirements (e.g. under current law) as mentioned in this paragraph 4.3.
If transportation is not possible as a result of this omission, this shall not affect the amount due to Chauffeur Privé Québec under the service access contract entered into with the User for the actual transportation.
4.4 DELAYS
Exceptional situations, such as strikes by air traffic controllers, extremely bad weather conditions, etc. can only be compensated in part, so in such cases the user is obliged to accept extended waiting periods or last-minute cancellations.
4.5 CANCELLATIONS, BOOKING CHANGES AND NO-SHOWS
4.5.1 CANCELLATION
(A) SINGLE TRIPS
For single journeys, cancellation is free of charge if there is more than one hour to go before the pick-up time. If 1 hour or less remains before the pick-up time, the full price must be paid. Cancellations can only be made using the cancellation function on our application or website.
(B) HOURLY RESERVATIONS For hourly reservations, cancellation is free of charge if more than 24 hours remain before the pick-up time. If 24 hours or less remain before the pick-up time, the full price must be paid. Cancellations can only be made using the cancellation function on our application or website.
4.5.2 RESERVATION CHANGES
As a general rule, booking changes are treated as new bookings. The regulations concerning cancellations (paragraph 4.5.1) therefore apply to the booked trip. The amount billed by Chauffeur Privé Québec for the originally booked trip may then remain unchanged.
4.5.3 NO SHOW WITHOUT CANCELLATION, USER'S DELAY In the event of a no show without cancellation, the User loses all rights vis-à-vis CPQ. However, this shall in no way affect Chauffeur Privé Québec's right to claim compensation from the User.
(A) SINGLE TRIPS
A no-show occurs when the user or passenger does not appear at the pick-up location within 30 minutes of the agreed pick-up time, without prior cancellation. In the event of a no-show, the fare must be paid in full, but the waiting time will not incur any additional charges.
For airport or train station transfers (with the exception of mainline stations), a no-show occurs when the user or guest fails to arrive at the agreed pick-up location within 60 minutes of the agreed pick-up time, without prior cancellation. However, in the event of delays or early arrivals on the part of air or rail transport, the driver is able to adjust the pick-up time according to the time agreed between the arrival time and the pick-up time agreed in the contract. In the event of a no-show, the fare must be paid in full, but no additional costs will be incurred for waiting time.
These rules do not apply if the driver and passenger have agreed on a new pick-up time by telephone. Additional charges for waiting time may apply (see paragraph 5.3.1). As a general rule, the user is not entitled to change the pick-up time.
(B) HOURLY BOOKINGS
A no-show occurs when the user or passenger fails to show up at the pick-up location after the booked time has expired, without prior cancellation. In the event of a no-show, the user is obliged to pay the full fare.
For airport or train station transfers (with the exception of mainline stations), a no-show occurs when the user or guest fails to show up at the agreed location after the booked time has expired, without prior cancellation. However, in the event of delays or early arrivals on the part of air or rail transport, the driver is able to adjust the pick-up time according to the agreed delay between the arrival time and the pick-up time stipulated in the contract. In the event of a no-show, the user is obliged to pay the full cost of the trip.
These rules do not apply if the STC provider and the passenger have agreed on a new pick-up time by telephone. As mentioned in paragraph 4.1.2, the reservation time always begins at the pick-up time agreed in the contract. If the reservation time is extended, payment is made as described in paragraph 5.2. As a general rule, the user is not entitled to change the pick-up time.
4.6. BEHAVIOR IN THE VEHICLE
With regard to the transport service offered, the user is required to adopt the following rules of conduct:
For the duration of the trip, all guests are required to comply with the rules of the road, in particular with regard to wearing seatbelts. Guests are required to comply with any instructions issued by the driver. CPQ is responsible for safety during the ride. It is therefore forbidden to open the doors during the ride, to throw objects out of the vehicle and/or to take body parts out of the vehicle, or to shout during the ride. If the user wishes to use any of the equipment in the vehicle himself, he must follow the instructions given.
Smoking is not permitted in the guest area of the vehicle. Should the user or a guest fail to comply with this rule, he or she will be required to pay the cost of cleaning the vehicle and compensation for the time the vehicle was unavailable for use.
Eating without precautions is not permitted in the vehicle. Bringing and consuming alcoholic beverages requires the prior agreement of the driver.
5. REMUNERATION AND PAYMENT
5.1 PRINCIPLES
Chauffeur Privé Québec's right to remuneration is mentioned in the reservation confirmation.
The main factors influencing the amount (reimbursement of Chauffeur Privé Québec's expenses incurred in arranging transportation) are: the category of vehicle selected, the distance, the time of booking, the time and possibly the pick-up location.
Special requests, such as multilingual drivers, individual vehicle inscriptions, stopovers, bulky luggage, child seats, etc., may incur additional charges.
5.2 RACE MODIFICATION
The user (but also the guest) has the option of changing the terms of the journey, even after the contract for access to the service has been concluded, or - if the STC provider is able to accept - during the journey.
If the user or guest voluntarily wishes to extend the trip (distance or number of hours), the actual service (total distance or number of hours) will be calculated and billed again at the end of the trip according to the current price structure. For hourly bookings, each thirty-minute block started will be taken into account for billing purposes. To facilitate planning, the time added will be rounded up to half an hour for the first additional minute.
The remuneration due by the User will then be revised upwards due to the increased compensation of Chauffeur Privé Québec's expenses for the transportation contract to the User.
If the distance or the number of hours booked is less than what was foreseen in the contract, the remuneration originally calculated will not be revised.
5.3 OTHER SUPPLEMENTS
5.3.1 WAITING TIMES FOR SINGLE TRIPS
For single journeys, if the pick-up point is an airport or train station (only for mainline stations), waiting times of up to 60 minutes from the scheduled pick-up time do not incur any additional charges. However, in the event of delays or early arrivals on the part of air or rail transport, the driver may adjust the pick-up time according to the agreed delay between the arrival time and the contracted pick-up time. Any additional waiting time will be billed at a flat rate, excluding tax, depending on the municipal zone concerned and the vehicle category selected.
5.3.2 ADDITIONAL KILOMETERS FOR HOURLY BOOKINGS
Hourly reservations include the number of kilometers (per hour) as stated on the reservation form (or by telephone). Additional kilometers will be subject to a surcharge plus VAT according to the prices in force in the municipal area concerned and the vehicle category selected.
5.4 PAYMENT TERMS AND TRANSACTION FEES
The user may pay for the trip by credit card. Chauffeur Privé Québec assumes all costs associated with this method of payment. In the case of payment by bank transfer, the user is responsible for any transaction fees (e.g. due to different currencies or local accounts).
5.5 PAYMENT REMINDERS, UNPAID CREDIT CARD BILLS
Chauffeur Privé Québec reserves the right to charge an appropriate reminder fee for each payment reminder.
For unpaid credit card debts, Chauffeur Privé Québec invoices the user for any charges incurred (bank, credit card institute) and reserves the right to levy processing fees on a case-by-case basis.
5.6 INVOICE DISPATCH, DUE DATE
The user receives an electronic invoice which can be downloaded via his user account. For credit card payments, payment is due immediately. For payments by bank transfer, the due date is indicated on the invoice.
5.7 PROMOTIONAL CODES
Promotional codes are valid for individual use only. They cannot be combined with other promotional codes. Promotional codes cannot be exchanged for cash.
6. LIABILITY
6.1 PRINCIPLES
Chauffeur Privé Québec shall be liable for any damage caused intentionally or by gross negligence by Chauffeur Privé Québec, its vicarious agents or employees. With respect to the provision of transportation, the service providers and all drivers employed by them shall not be considered as auxiliaries or employees of Chauffeur Privé Québec. Chauffeur Privé Québec's sole responsibility is to put the user in contact with transportation service providers for the purpose of arranging transportation.
Chauffeur Privé Québec is liable for damages caused by simple negligence only to the extent that they result from a breach of fundamental contractual obligations and are foreseeable and typical. Fundamental contractual obligations are obligations which, when fulfilled, enable the contract to be properly fulfilled and on which the user can regularly rely.
Limitations of liability do not apply to the warranties mentioned, to injury to life, limb or health, or to claims under the Product Liability Act.
6.2 CONTENT OF CPQ TECHNOLOGY TOOLS
Chauffeur Privé Québec shall not be liable for the accuracy, reliability, completeness or timeliness of the content and programs made available free of charge to users and issued as part of the CPQ technology tools, or for any damages resulting from their use, except in cases where such damages are caused intentionally or as a result of gross negligence on the part of Chauffeur Privé Québec. This applies to all types of damage, in particular damage resulting from errors, delays, technical or service failures, erroneous content, omissions, loss or deletion of data, viruses or, in general, from the use of this online offer. Furthermore, Chauffeur Privé Québec assumes no responsibility for the availability or reliability of the functions offered.
6.3 THIRD-PARTY WEBSITES
Chauffeur Privé Québec accepts no responsibility for the content, accuracy, legality or reliability of third-party websites to which it provides links. Visiting these sites via links is at the user's own risk.
6.4 ACCURACY OF TRANSMITTED INFORMATION, INTERRUPTION OF ACCESS
Chauffeur Privé Québec is not responsible for the accuracy or completeness of the information transmitted, or for its timely receipt by the user or the chauffeur. However, this does not apply to the content of the reservation confirmation.
Chauffeur Privé Québec disclaims all liability for quality problems in accessing CPQ technological tools caused by force majeure or by events beyond Chauffeur Privé Québec's control, in particular communication network and/or gateway failures. Chauffeur Privé Québec cannot guarantee uninterrupted, error-free operation of the websites or the correction of any errors.
6.5 USER'S RELEASE OF LIABILITY The User releases Chauffeur Privé Québec from any and all claims and costs, including attorneys' fees, asserted by any third party against Chauffeur Privé Québec for use of CPQ Technology Tools not in accordance with the Agreement or for violation of these Terms and Conditions.
7. MODIFICATION OF OFFER BY Chauffeur Privé Québec
Chauffeur Privé Québec reserves the right to modify the CPQ technological tools at any time for the benefit of the user in order to develop and improve their quality. In addition, Chauffeur Privé Québec reserves the right to temporarily or permanently discontinue its offer of BL technology tools without prior notice to the user.
8. CONTENT PROTECTION; GRANTING OF RIGHTS OF USE FOR CPQ TECHNOLOGICAL TOOLS
The contents of CPQ technology tools are protected by intellectual property laws.
Chauffeur Privé Québec grants the user revocable authorization, subject to compliance with these terms and conditions of use, to use the CPQ technological tools in accordance with the provisions. Any use outside this framework (modifications, copies, reprints, transmissions, distributions or any other use for an illicit purpose) is prohibited.
9. FINAL CLAUSES
9.1 COMPLETENESS, WRITTEN FORM
These GTC represent the entire agreement between Chauffeur Privé Québec and the User with respect to the subject matter of the service. There are no ancillary agreements. Changes and additions to this agreement must be made in writing. Electronic form or text form without signature is not sufficient. This also applies to any changes or additions to this written form requirement.
9.2 SUBJECT TO CHANGE WITHOUT NOTICE
Chauffeur Privé Québec is entitled to modify these terms and conditions of use. Notification of such modification shall be given by a unilateral statement via the publication of the new TOU on Chauffeur Privé Québec's website and the information made available to the User in this regard. If the User does not object to the new TOU within 14 days of the date of the notice, the TOU shall be deemed applicable to the User. The User may continue to use the services provided by Chauffeur Privé Québec only to the extent that the User accepts the TOU.
9.3 SET-OFF, RETENTION AND ASSIGNMENT
The User may only set off claims against Chauffeur Privé Québec and assert rights of retention to the extent that counterclaims against Chauffeur Privé Québec or counterclaims against Chauffeur Privé Québec are legally established or undisputed. This shall also apply in the event of a claim by the User.
The user may assert his rights of retention for claims in accordance with this section 9.3, paragraph 1, insofar as these are based on the same contractual relationship.
The User may not assign any rights arising from the contractual relationship to a third party without the express written consent of Chauffeur Privé Québec.
9.4 APPLICABLE LAW AND JURISDICTION
For all legal relations between Chauffeur Privé Québec and the User, the only applicable law is the law of Canada.
9.5 SAVING CLAUSE
Should any provision of these Terms prove to be invalid, impracticable or contain loopholes, the remaining provisions shall remain in force. The parties are obliged to replace the invalid, illegal or impracticable clauses with the clauses closest in meaning and economic purpose to the intention of the parties.
Status: Quebec, February 2024