General Terms and Conditions

ARTICLE 1 – DEFINITION

The terms of this document whose first letter is capitalized will have the following meaning:

• Ticket: refers to the proof of transport title issued by SMILE IN PARIS to the Client following the placement of an order on the website;
• Client(s): refers to any person or group of persons who have placed an order for the execution of a transport service, via the SMILE IN PARIS website or directly at the sales points located in the company’s tuk-tuks;
• Order: any reservation made online or at the sales points, established by the Client and accepted by SMILE IN PARIS;
• Service Provider: refers to the company; SMILE IN PARIS;
• Site: refers to the Service Provider’s website, accessible at the following address: https://smileinparis.fr, where Clients can order a journey.
• Journey: refers to the distance covered under the service, chosen by the Client from the journeys offered on the Site.

ARTICLE 2 – CONTENT OF THE GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions express the full obligations of the parties.
The service provision contract is deemed concluded on the date of acceptance of the order on the Service Provider’s website or when booking in the Service Provider’s tuk-tuks.

Any order or immediate purchase implies unconditional adherence to these general terms and conditions of sale, which prevail over any other conditions. They apply, without restriction or reservation, to all services provided by the Service Provider to the Clients.

The Service Provider reserves the right to occasionally modify its general terms and conditions.

If one or more provisions of these general terms and conditions are held to be invalid, the other provisions will retain their full force and scope.

ARTICLE 3 – SERVICES

Service Packages

The Service Provider offers a transportation service as well as various complementary services depending on the package previously selected by the Client on the Site. Details regarding the offered packages are freely accessible on the Site.

Location of the Service

The service is carried out at the address indicated by the Client at the time of booking: either at the meeting point suggested by the Service Provider or at the address indicated by the Client at the time of booking for an additional fee of 20 euros, provided that the meeting place is located within Paris Intra-muros. The Client must ensure its accuracy. Any additional travel by the Service Provider due to an incorrect or incomplete address will be charged to the Client in accordance with the rate in effect on the Site at the time of the additional travel.

Duration of the Service

The service will take place over a predetermined time depending on the starting point and arrival at the destination. The duration of the journey visible on the Site is provided for information purposes only and may change due to conditions beyond the Service Provider’s control, such as the need to comply with traffic regulations, weather conditions, or traffic flow. Under no circumstances can the Service Provider be held responsible for a delay in the duration of the Journey.

ARTICLE 4 – ONLINE BOOKINGS

For a booking to be valid, it must be made online directly on the Site. Before any booking, the Client must provide the Service Provider with their identity and contact details (first and last name, date of birth, personal address, email address, phone number), the places and times of destination, and the selected package.

For the online booking to be considered, the Client must accept, by clicking on the indicated area on the site, these general terms and conditions. Their acceptance will result in a confirmation email being sent by the Service Provider. The distance selling contract is concluded from the moment the Client confirms their order by clicking on the “Validate your payment” or “Validate your cart” icon. They are considered to have knowingly accepted the content and conditions of the order in question and in particular the GTC, the fact that their order implies a payment obligation on their part, the price, and the characteristics of the service ordered by the Client.

In certain cases, including non-payment, incorrect address, or other problems on the Client’s account, the Service Provider reserves the right to block the Client’s order until the problem is resolved.

In the event that the service cannot be provided, the Client will be informed by email. Since bookings are final and irrevocable once accepted by the Service Provider, any modification request made after the order has been placed will be subject to the prior acceptance of the Service Provider and their written agreement, and reserves the right not to follow through.

ARTICLE 5 – PRICE

5.2 Payment of the Price

Payment of the price is due in full upon final validation of the order.

Payment will be made according to the following terms:

• Online by credit card at the time of the order.

In the case of payment by credit card, only the following credit cards are accepted: Visa, CB, American Express, MasterCard.

The transmission of personal information and banking data of the Client is fully secured by the STRIPE system for the transmission of payment data, ensuring the security of transactions. This information is only accessible by the STRIPE payment system partner so that it can connect with the Client’s bank. At no time can SMILE IN PARIS, or any other third party, access the Client’s bank details.

In the event of fraudulent use of their payment method, the Client is advised to contact SMILE IN PARIS at the contact details provided at the top of the GTC as soon as this use is noticed.

In case of non-payment on the day of the journey due to rejection of the payment by banking services, the Service Provider will be released from the reservation made and may accept the reservation of another Client.

ARTICLE 6 – OBLIGATIONS OF THE PARTIES

6.1 Obligations of the Service Provider

All drivers hold a valid driving license and a professional motorcycle taxi card.

All vehicles of the Service Provider company comply with the technical standards imposed by the regulations.

The vehicle drivers commit to adhering to the Road Traffic Act during the journey.
All vehicles are insured, as mentioned in Article 14 herein.

6.2 Obligations of the Client

The Client commits to respect and ensure that the passengers respect the following rules:

• To present themselves at the pickup point before the scheduled departure time;
• To provide proof of their transport ticket at all times;
• To adhere to the safety instructions given by the drivers;
• To look after their personal belongings, as the Service Provider company cannot be held responsible in the event of an incident (theft, loss, forgetfulness);
• To notify the Service Provider at the time of placing the order or at the latest 48 hours before the execution of the service if the journey is made by a person with reduced mobility so that the Service Provider can take the necessary measures;
• The Client commits to directly inform the Service Provider company of their age if they are a minor and to comply with the regulations regarding the transportation of minors, particularly regarding accompaniment by adults, so that the Service Provider’s liability is never sought;
• Not to behave in a manner that could distract or divert the driver’s attention or jeopardize the smooth conduct of the transport;
• Not to be accompanied by animals;
• Not to possess or transport illegal substances, weapons, or dangerous materials;
• Not to carry or consume narcotics or alcohol on board the vehicle;
• To respect the duration of stops and breaks mentioned by the vehicle’s driver;
• Not to damage the vehicle or the equipment provided by the Service Provider;
• To leave the vehicle in the initial state preceding the execution of the service;
• To provide a list of passengers with their phone numbers.

The Service Provider or the driver in charge of the transport reserves the right to refuse entry to clients or passengers inside the vehicle if they are not able to comply with the obligations stated above.

ARTICLE 7 – SUSPENSION OF THE CONTRACT

The Service Provider may suspend the execution of the contract in the event of force majeure, unforeseeable circumstances, or danger affecting the vehicle’s traffic (temporary construction, storm, landslide, storms, snow, ice, etc.), without any delay or modification of service being attributed as their fault.

ARTICLE 8 – PERFORMANCE OF THE SERVICE BY THE SERVICE PROVIDER

In the event of non-performance of the service for any reason that can be attributed to the personnel or subcontractor of the Service Provider, the Client may recover the total price of the service after notifying the Service Provider in writing at the postal address, SMILE IN PARIS, 19 rue de la république, 95100 Argenteuil.

The maximum possible compensation claimed by the Client shall not exceed twice the amount of the service.

ARTICLE 9 – WITHDRAWAL, CANCELLATION, OR EXCHANGE BY THE CLIENT

9.1 Client withdrawal

In accordance with Article L.221-2 9° of the Consumer Code, the fourteen-day (14 days) withdrawal period valid for contracts concluded at a distance or off-premises is not applicable to passenger transport services.

9.2 Cancellation by the client

In the event of cancellation of the order made online by the Client, after acceptance by the Service Provider, for any reason whatsoever, a sum will be rightfully acquired by the Service Provider as damages, in compensation for the prejudice suffered, as follows:

• 30% of the service price if the cancellation occurs between 30 and 21 days before the service.
• 50% of the service price if the cancellation occurs between 20 and 8 days before departure.
• 75% of the service price if the cancellation occurs between 7 and 3 days before departure.
• 90% of the service price if the cancellation occurs between 2 days and the day before departure.
• 100% of the service price if the cancellation occurs on the day of departure.

The amount paid as a deposit at the time of booking will be deducted from the sum corresponding to the cancellation fees. However, the amount of the deposit is rightfully acquired by the Service Provider as compensation when the total amount of the cancellation fees is lower than it.

9.3 Exchange

The Client may request an exchange of the package chosen during the online booking at the latest two (2) days before the Journey. The Client will have to pay the difference if the price of the selected package is higher than the one initially validated during the booking. Otherwise, the Client will not be able to get a refund of the price already paid, which will remain acquired by the Service Provider.

In case of the Client’s inability to attend, an exchange of the ticket may take place with another person, provided that the identity and information stated in Article 4 are expressly mentioned at least five (5) days before the Journey. The Service Provider reserves the right not to accept the exchange, without having to justify it.

Under no circumstances may the Client request the exchange or refund of the Ticket purchased on-site.

ARTICLE 10 – LIMITATION OF LIABILITY CLAUSE

No delay can be attributed to the service provider company due to traffic disruptions, construction works, schedule changes related to other air and urban transport means, or cases of force majeure. Similarly, the Service Provider cannot be held responsible in case of any incident of any nature (disrupted traffic, damaged road, breakdown, stoppage, theft, loss, forgetfulness, without this list being considered exhaustive).

ARTICLE 11: CLIENT’S LIABILITY

In the event of non-compliance with the obligations incumbent upon Clients, as mentioned in Article 6.2 of these general terms and conditions of sale, the Service Provider will refuse to perform the service or will terminate it, it being understood that the Client will not be able to claim the restitution of sums and deposits paid at the time of placing the order. The price of the service will then rightfully belong to the Service Provider company, notwithstanding the right to claim damages in case of suffered prejudice.

ARTICLE 12: TRANSPORT OF CHILDREN

12.1 General Rules

The transportation of minor children will only be possible in strict compliance by the minor Client with the decree of July 2, 1982, relating to public passenger transport.

Every child is required to travel with their national identity card and must prove it to the Service Provider company before the Journey or at any time during the Journey.

The minor booking their Ticket online must necessarily mention their minority status at the time of the order. The Service Provider company may refuse the transportation of the minor who does not meet the requirements set forth in this article, without the possibility for the minor Client to obtain an exchange or refund of the Tickets.

12.2 Transportation of Children in France

A minor aged between sixteen (16) and eighteen (18) years old may only travel in France aboard the tuk-tuk on the condition of providing a valid identity document.

A minor under the age of sixteen (16) wishing to travel in France must necessarily be accompanied by an adult. If the accompanying person is not a parent or legal guardian, the minor must provide a travel authorization signed by one of the parents or the minor’s legal guardian.

ARTICLE 13: TRANSPORTATION OF PERSONS WITH REDUCED MOBILITY

In accordance with Regulation (EU) No 181/2011 of the European Parliament and of the Council of February 16, 2011, on the rights of passengers in bus and coach transport, amending Regulation (EC) No 2006/2004, persons with reduced mobility or disabilities cannot be denied the right to transportation because of their disability, except for the exceptions provided for in Article 10 of the aforementioned regulation, notably security issues or vehicle design problems that make it impossible for a disabled person or a person with reduced mobility to embark, disembark, or be transported, or the lack of sufficient capacity in the vehicles.

The Service Provider company reserves the right to refuse access to a person with reduced mobility if they have not mentioned their situation and their request for assistance at the time of online booking within a period of forty-eight (48) working hours.

ARTICLE 14: INSURANCE

The Service Provider declares having taken out professional liability insurance with a notoriously solvent company, covering extensively and explicitly the risks that may occur during the performance of the service (risks related to traffic and operation, vehicle assistance guarantees, theft and fire guarantees, glass breakage guarantee, “all risks” guarantee). The Service Provider further declares that all of its vehicles are insured with ALLIANZ insurance company.

ARTICLE 15 – FORCE MAJEURE

All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.

All facts or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and that cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. Specifically, are considered as cases of force majeure or fortuitous events, besides those usually recognized by the jurisprudence of French courts: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure lasts more than three months, these general conditions may be terminated by the aggrieved party.

ARTICLE 16 – INTELLECTUAL PROPERTY

The content of the website, as well as all technical documents, products, designs, photographs provided to Clients remain the exclusive property of SMILE IN PARIS, the sole holder of intellectual property rights on these documents.
Clients commit not to use these documents in a way that could infringe on the industrial or intellectual property rights of SMILE IN PARIS and agree not to disclose them to any third party.

ARTICLE 17 – PERSONAL DATA

The personal data collected about you are necessary for processing your order. You acknowledge and accept that your order cannot be processed if this information is incomplete, outdated, or inaccurate.

In application of the GDPR and Articles 38 to 40 of Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files, and freedoms, and in addition to our Privacy Policy accessible HERE, you are informed that you have the right to access, rectify, limit opposition, erasure, and portability concerning your data. You also have the right to issue general or specific instructions regarding the retention, erasure, and communication of your personal data after your death in accordance with Article 40 II of Law 78-17 of January 6, 1978.

You can send any request accompanied by a copy of an identity document to SMILE IN PARIS by postal mail to the address mentioned in the Preamble or by e-mail to the following address: contact@smileinparis.com

ARTICLE 18 – MEDIATION

In accordance with Article L. 612-1 of the Consumer Code, within a year from his written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option to introduce a request for amicable resolution through mediation, with:
Name: SAS MEDIATION
Address: 222, Chemin de la Bergerie, 01800 Saint Jean de Niort
Website: https://www.sasmediationsolution-conso.fr
Email: contact@sasmediationsolution-conso.fr

ARTICLE 19 – APPLICABLE LAW AND COMPETENT JURISDICTION

The General Terms and Conditions of Sale (GTC) are subject to French law. When the client is a merchant, any dispute, regardless of its nature, related in particular to the interpretation, validity, and execution of the contract concluded between SMILE IN PARIS, even in the case of a warranty claim or multiple defendants, will fall under the jurisdiction of the location of the SMILE IN PARIS head office.

ARTICLE 20 – IMAGE RIGHTS

The signing of an authorization form for the use of one or more specific image(s) (photo or video) may be offered to the Client and any passenger to allow SMILE IN PARIS to use it without compensation or consideration, for advertising and/or promotional purposes (for example: social networks (Facebook, Instagram, and others…), website, brochure, leaflet, flyers, and any other advertising medium…).