Terms and Conditions – Driver
CAOCAO Mobility Paris S.A.S. is a company with a share capital of 10,000,000 euros registered in the Nanterre Trade and Companies Register under the identification number 852 951 789, with its registered office at 102 rue Victor Hugo, 92300, Levallois-Perret; it specialises in the provision of services for users and professionals in the land and motorised passenger transport sector as an alternative to traditional taxi services (private hire vehicles – PHV or “VTC” in French) operating, under the trade name “CAOCAO”, a Platform offering services to put independent VTC drivers in contact with their customers, with a focus on clean energy passenger vehicles.
The Driver is an independent professional in passenger transport.
The parties have come together to define the terms and conditions of use of the Platform by the Driver.
THIS HAVING BEEN STATED, IT IS AGREED AS FOLLOWS:
Preliminary Article: Definitions, Effective Date, Duration
The terms and rules of interpretation defined below apply to this contract:
- “Driver”: means a professional driver who meets the conditions defined in article 2 hereof and who adheres to all the provisions below.
- “Ride”: refers to the transport services ordered by the User via the Platform and carried out, in his/her name and on his/her behalf, by the Drivers. The transport services will only be provided in the Ile de France region.
- “Driver Account”: refers to the personal space of each Driver allowing him/her to access all the Platform’s functionalities.
- “Application”: refers to the “CAOCAO Driver” software application published and operated by CAOCAO and accessible by mobile phone, Internet, SMS or any other means of telecommunication, enabling a User wishing to be transported by private hire vehicles (PHV) to be put in contact with a Driver, and enabling the Driver to consult and manage a set of information concerning the Platform, concerning him and concerning the Rides he/she sells and performs, in particular his/her personal data, the history of his/her Rides performed through the Platform, etc.
- “Authorized Vehicle”: Drivers may only ride with the following vehicles: a LEVC TX vehicle, or a clean energy vehicle whose models or criteria will be defined at a later date by CAOCAO.
The present Contract comes into force as of the date of administrative registration by CAOCAO of all the elements of the Contract duly completed and signed by the Driver, either directly online on the Platform or by hard copies returned to CAOCAO (hereafter the “Effective Date“).
The Contract is concluded for an indefinite period. Consequently, the Contract may be terminated at any time, without compensation on either side, by each of the Parties subject to one (1) months’ notice.
Article 1: Purpose
CAOCAO owns and operates the Platform, which is a service that puts Drivers and Users in contact with each other for the execution of a passenger transport service with the Driver.
CAOCAO is not a party to the transactions and contracts between the Users and the Drivers.
Within the framework of the operation of the Platform, CAOCAO acts as a simple technical intermediary.
As CAOCAO is not a passenger transport company, its role is limited to the provision of an online platform facilitating intermediation between Users and Drivers and the management of transactions between them.
With the exception of the provisions of article L.3142-3 of the French transport code and any other present or future mandatory regulations that may be imposed on it, CAOCAO does not assume any responsibility for the performance of the transport service.
This contract governs the conditions and rules under which the Driver:
- is authorised, on a non-exclusive, temporary, revocable, non-transferable and non-transferable basis, to use the Application and the Platform in order to offer his/her transport services, monitor his/her activity and execute the Rides;
- undertakes, on a non-exclusive basis, to carry out, in his/her name and on his/her own behalf, the transport services that may be ordered by Users via the Platform.
This contract shall prevail over any agreements or provisions to the contrary which may have governed previous relations between the Parties.
In his/her non-exclusive relationship with CAOCAO, the Driver retains his/her complete independence, particularly with regard to transport services, as he/she remains free to use or not to use the Platform’s services.
Article 2: Subscription to the Platform
2.1 Prior Obligations of the Driver
The Driver must be able to provide the service with care, prudence and competence, constantly respecting the traffic regulations and safety standards. Only professionals who fulfil the following conditions may can claim the quality of Drivers:
- holders of a valid driving licence;
- having passed the compulsory examination and received their PHV professional card (VTC in French) from the prefecture authorising them to exercise the profession of PHV (private hire vehicle) driver. The Driver must remain in possession of, and be able to justify these documents throughout the duration of the contract;
- holding (either owning it or leasing it from a third party) an Authorised Vehicle;
- duly insured by an insurance company established in France under the conditions provided for in 2.4 hereof;
- who have followed the training provided by CAOCAO or by a third party partner;
The mandatory training provided by CAOCAO covers the operation and use of the Platform, providing advice on the fittings and equipment kits to be installed in the vehicles as well as the services offered by the Platform.
If not already included in the aforementioned training, specific training on regulations and safety and emergency measures may be given to the Driver, upon prior notification by CAOCAO. Attending this training is obligatory to maintain the Driver Account of the concerned Driver.
- having a mobile device through which they can register and access the Platform
The creation of a Driver Account will also be subject to the prior provision of supporting documents listed in Appendix 2.1 hereto.
In the event that any of these supporting documents expire or are withdrawn during the course of the contract, the Driver must inform CAOCAO immediately. CAOCAO, depending on the nature of this expiration or withdrawal, may decide to suspend or close the Driver Account of the Driver concerned.
The Driver Account is strictly personal, therefore the Driver undertakes to keep his/her codes and identifiers confidential. He/she shall not assign, transfer, sublet or lend them to any person or legal entity.
The Driver confirms and guarantees that all information communicated by him/her, by electronic means via his/her personal account (using his/her user name and password), or by any other means, and in particular information relating to his/her personal data, permits, authorisations and insurance policies enabling him/her to exercise his/her profession, is authentic, accurate, sincere, complete and up to date, and that he/she will notify CAOCAO without delay of any change concerning this information.
The Driver confirms that he/she is solely responsible for the information provided, and that he/she guarantees CAOCAO against any damage, third party claims or additional costs resulting from incomplete or incorrect information he/she provides, or any delay in updating it.
In the event of failure to comply with one or more of these provisions, CAOCAO reserves the right to refuse the creation of a Driver Account, or to suspend access to it.
2.2 Driver Independence
When using the Platform, the Drivers have total independence in the management and organisation of their activity, exclusive of any subordinate relationship with CAOCAO.
This independence is notably ensured thanks to the principles that must be respected throughout the partnership between the Driver and CAOCAO:
- the Driver being subject to no obligation of exclusivity with CAOCAO. He/she is free to contract for similar missions with competitors of CAOCAO or directly with his/her own customers;
- the Driver is free to determine his/her connection time to the Platform, provided that he/she has completed all his/her accepted journeys;
- the Driver accepts and undertakes that the Rides made using the Platform’s services are not his/her sole source of customers and/or income; and
- other principles that must be to be implemented to ensure the Driver can manage his/her activity entirely independently autonomy.
The parties acknowledge that they have no intention of creating a joint venture, company or association between them, it being understood that the Driver is not authorized to act or purport to act as an agent, mandatary, representative or employee of CAOCAO.
The Driver is solely responsible for the operation of his/her business and bears the costs and expenses of running it.
The Driver shall constantly ensure that his/her activity complies with the applicable regulations and shall make all administrative declarations, including but not limited to social and tax declarations, on his/her own behalf.
2.3 Duty of care
Under the terms of Article L.8222-1 of the Labour Code, the Driver undertakes to submit to CAOCAO at the time of the conclusion of this contract, and subsequently every six months, the documents mentioned in Appendix 2.3.
2.4 Compulsory insurance and equipment for the execution of the Rides
Drivers using the Platform and running the Rides must have and use an Authorised Vehicle. When creating the Driver Account and for the entire duration that he/she uses the Platform, the Driver must hold the necessary and specific insurance for passenger transportation and must be able to provide proof thereof each time he/she is asked to do so. The list of the minimum insurances that the Driver will have to justify appears in Appendix 2.4 of the present document.
The Authorised Vehicle used by the Driver must undergo regular maintenance and specific checks. It must be in a state of perfect cleanliness and presentation and must not be damaged in any way.
CAOCAO may, subject to the observance of a reasonable period of notice, check that the Driver’s vehicle meets all the standards and obligations provided for herein.
2.5 Platform Availability
The Platform’s services are provided as is and as available. CAOCAO employs all reasonable means at its disposal to ensure quality access to the Platform and the Application, but is under no obligation to do so.
CAOCAO does not guarantee Drivers continuous access to the Platform, which may be subject to updates, corrective measures, etc. that may result in the suspension or closure of access to the Platform.
CAOCAO is also unable to guarantee the continuity of services performed remotely via the Internet, telecommunications networks or mobile Internet, which the Driver acknowledges.
CAOCAO nevertheless undertakes to use its best efforts to provide reasonable assurance that Drivers can access and use the Platform and the Application at the times indicated herein.
The Drivers, who carry out their activity independently and non-exclusively, cannot hold CAOCAO responsible for the non-continuity or malfunctions of the Platform.
Article 3: Access to the Platform
3.1 Within a maximum period of 24 hours following the Effective Date, CAOCAO will communicate a temporary password to the Driver sent by e-mail to the e-mail address indicated by the Driver.
Upon receipt of this temporary password, the Driver will connect to the Application using his mobile terminal in order to enter his/her personalised password and generate the opening of his/her Driver Account on the Application.
The Driver will then have to enter a new personalized password to replace the one initially communicated to him/her.
3.2 Access to the Platform and the Application can be performed:
- from the Driver’s computers and/or mobile terminals; and
- using the Driver’s Identifier.
With the exception of maintenance periods, the Driver may connect to the Platform and the Application at any time, i.e. 24 hours a day, 7 days a week, including Sundays and public holidays.
The Driver will use his/her Identifiers at each connection.
The Identifiers are intended to restrict access to the Platform to the Driver, to protect the integrity and availability of the Platform and the Application, as well as the integrity, availability and confidentiality of the Driver’s data as transmitted by the Driver.
Identifiers are personal and confidential. They can only be changed at the request of the Driver or at the initiative of CAOCAO, provided that the Driver is informed in advance. The Driver undertakes to make every effort to keep the Identifiers concerning him/her secret and not to disclose them in any form whatsoever.
In the event of loss or theft of one of the identifiers, the Driver will use the procedure set up and communicated by CAOCAO for this purpose allowing him/her to recover his/her Identifiers.
3.3 All costs relating to access to the Platform and the Application, whether hardware, software, internet access, etc., shall be borne exclusively by the Driver.
The Driver remains solely responsible for the choice and installation of the computer, hardware and telephone configuration necessary for the operation of the Platform and the Application by him/her and by the Drivers he has designated. CAOCAO cannot be held liable in any way, nor can it be held liable in this respect, particularly in the event of the malfunctioning of the above-mentioned computer and telephone configuration.
The Driver is solely responsible for the security of the individual access stations and terminals to the Platform and the Application.
CAOCAO cannot be held responsible if the data relating to the registration of a Driver, to the proposal to follow up or to the execution of offers of services does not reach the Driver for any reason that is not attributable to him/her (for example, a problem with the Internet or mobile Internet connection due to any reason whatsoever on the part of the Driver, a momentary failure of his/her servers, etc.) or arrives illegible or impossible to process.
3.4 KYC (Know Your Customer)
Article 4: Putting the Driver and the User in contact with one another
The Platform allocates Rides to Drivers who are proactively logged into their Driver Account.
The awarding of Immediate Reservation Rides is made according to various criteria and in particular the principles of proximity and in a balanced manner. In this respect, the Driver acknowledges having been informed that the Platform and CAOCAO can locate him/her in real time as soon as he/she is proactively connected.
With regard to advance bookings, the Driver is informed that the Platform may take into account, as award criteria, all or part of the following elements: (i) the reaction time to the proposal, (ii) the connection time to the Platform, (iii) the number of Rides completed by the Driver, (iv) the overall rating of the Driver, (v) the acceptance rate of the proposed Rides, (v) the type of vehicle, and (vi) the type of journey.
When a Ride request is recorded on the Platform, the Driver may be offered, for a period of 15 seconds, the allocation of the said Ride.
If the Driver wishes to perform this Ride, he/she must confirm his/her acceptance by means of the Application within 15 seconds following receipt of the notification. After this period, the Ride may be offered to another Driver.
Once the Driver has accepted the Ride, a contract of carriage is concluded between him/her and the User concerned, obliging him/her to execute the Ride ordered. The Driver will also be given the User’s contact details enabling communication between them before the start of the Ride.
If the User does not show up at the agreed place and time of departure, the Driver may, after a waiting period of 6 minutes (which will be extended to 15 minutes if booked in advance), cancel the User’s trip without any liability for the costs associated with such cancellation.
CAOCAO via the Platform cannot commit to a minimum number of Users and Rides offered to the Driver, the said volume of Rides depending on the number of Users and their requests but also on the conditions of use of the Platform by the Driver and the conduct of his/her activity.
In order to maximise the volume of Rides that can be offered to him/her via the Platform, the Driver is invited (while ensuring that his/her state of fatigue and level of concentration allow the Rides to be performed at all times in complete safety for him/her, the Users and third parties) to maximise his/her connection time to the Platform, to update his/her status and to take particular care in the performance of his/her services in order to limit the number of negatively-rated Rides (ignored, cancelled, or failed) and to earn and maintain the best possible customer rating.
In the event of repeated non-acceptance of the Rides offered by the Platform, the Platform may consider that the connected Driver is temporarily unavailable to receive Rides and, in the interest of the Platform’s proper operation, the Driver may be automatically disconnected from his/her Driver Account. In this case the Driver will be able to reconnect to his/her Driver Account as soon as he/she is available.
Article 5: Execution and follow-up of the Rides
5.1 The Drivers are and remain fully independent. There is no subordination between CAOCAO and the Drivers. Consequently, the Drivers have total freedom in the organisation of the transport services they carry out, they can connect and disconnect as they wish, provided that they have completed all the Rides already accepted.
5.2 The Driver undertakes to:
- perform his/her services in accordance with the provisions of this Contract, and more particularly perform quality services in accordance with the applicable legal provisions and the accepted practice;
- always behave in an appropriate manner when conducting the Rides ;
- always be courteous, polite, discreet and pleasant towards Users,
- be dressed smartly,
- refrain from any behaviour that could endanger the safety of the persons he/she transports, which implies always complying with the highway code, in particular with speed limits, and not taking telephone calls while driving or consuming alcohol or narcotic products.
- always make available to the Users in the Authorised Vehicle, the equipment kit supplied by CAOCAO, the components of which are stipulated in Appendix 5.2..
Generally speaking, the Driver undertakes to take all the care and diligence necessary to carry out the Rides.
5.3 Notwithstanding the commitments and responsibilities referred to herein, the Driver also undertakes to :
- strictly respect the contractual deadlines described in the User’s request for a Ride ordered by the User. In the event that the Driver becomes aware of any event or fact whatsoever, including if it is attributable to the User or to CAOCAO, likely to delay the execution of all or part of the Rides or in the event of manifest impossibility in good faith on the part of the Driver to execute them, the Driver undertakes to inform CAOCAO without delay via the Application or any other appropriate means;
In addition, the Driver:
- recognises that he/she has the necessary skills and resources to provide the Rides it offers (where appropriate, also with regard to drivers who are members of his/her staff), and that he/she fulfis the physical conditions to drive private hire vehicles and has the qualities and insurance required to assume the responsibilities arising therefrom;
- acknowledges that the only vehicle he/she uses for the Rides is indeed an Authorised Vehicle registered with the Platform, in perfect state of maintenance and up to date with the technical inspections in force, as well as the technical and comfort conditions in force provided for by the regulations applicable to the activity of private hire vehicle transportation (véhicule de tourisme avec chauffeur, or VTC in French).
The Driver declares that he/she holds all the legal and regulatory authorisations in force applicable to his/her activity, in order to enable him/her to offer and perform the Rides.
The Driver is responsible for the execution and more precisely for the good or bad execution of the Rides ordered by the User and undertakes to respect the commitments made to the Users and not to harm the brand image of CAOCAO.
In this respect, the Driver shall refrain from promoting, by any means whatsoever, the services of CAOCAO’s competitors vis-à-vis the Users that he transports in the context of a Ride.
The Driver guarantees CAOCAO against any claim, action or proceedings to which CAOCAO may be subject and against any prejudice which CAOCAO may suffer and which may result, directly or indirectly, from claims, actions or proceedings initiated as a result of the non-performance or improper performance of the Rides by the Driver.
5.4 The Driver acknowledges and accepts that for the Platform to function properly, it must be able to follow him/her geographically in real time.
When a Driver accepts a Ride, the Platform will suggest a recommended itinerary for the execution of the Ride. It will be up to the Driver to take this route or another one of his/her choice.
5.5 The Drivers acknowledge that the cancellation of a Ride after accepting it seriously disrupts the proper functioning of the Platform.
5.6 During the provision of services for any Ride, the Driver must not display any advertising on the vehicle without the prior agreement of CAOCAO.
Article 6: Rating of Drivers and Users
The Driver declares that he/she has been informed by CAOCAO that as part of monitoring the quality of the services offered by the Platform, the Driver will be able to rate the User and the User will be able to rate the Driver at the end of the execution of each Ride.
The User will also have the possibility to leave a comment explaining the rating given to the Driver, this explanation will be obligatory in the case of a rating lower than 3/5.
The totality of the scores received will allow the calculation of an average score which will be displayed on the User and Driver profile, and which will also allow the Driver to benefit, if necessary, from rewards and to improve his/her Ride assignment rate, in particular those booked in advance.
The overall rating will take into account the most recent ratings received, up to the limit of the last 300.
Under no circumstances will CAOCAO be considered as an editor of User comments, and will not assume any responsibility for verifying the veracity of the content. CAOCAO will not be held responsible for the content and consequences of the publication of these comments.
Article 7: Prices – Payments
7.1 The price of each Ride will be calculated according to criteria defined by the Platform. As an example, prices will be modulated according to time, route, distance and supply and demand. The price cannot be modified by the Driver, who remains free not to accept a Ride proposed by CAOCAO.
7.2 The price of the Ride is invoiced via the Platform directly to the User by virtue of an invoicing mandate provided for in article 7.9 hereof.
7.3 It is specified that the User has the choice of paying the price of the Ride in cash or by means of payment systems compatible with the Platform. The Driver must provide sufficient cash to give change to the User. In such a case, the Driver undertakes to pay CAOCAO the commission provided for in article 7.5.
7.4 The Driver indicates to CAOCAO that he/she has entered into an agreement directly with a third party payment service provider (the “PSP”) in accordance with the enrolment procedures instructed by the PSP.
CAOCAO will provide assistance and technical support to the Driver in the use of the services to be provided by the PSP. CAOCAO will provide first-line assistance to enable the Driver to use the payment services via the PSP systems. To this end, the Driver hereby grants access to his/her data and its configuration in the systems used by the PSP to provide its services.
The Driver accepts and acknowledges that CAOCAO’s assistance in becoming acquainted with the ergonomics of the systems enabling PSP to provide him/her with payment services may under no circumstances lead CAOCAO to initiate payments on his/her behalf within the meaning of 7° of article L. 314-1 of the French Monetary and Financial Code.
Under no circumstances shall CAOCAO be considered the agent or representative of PSP or a party to the payment service contract between the Driver and PSP. CAOCAO cannot be held responsible for the quality of the services offered or the transactions carried out by PSP.
7.5 The Drivers accept that a commission of 23% will be deducted from the price of each Ride performed and paid to CAOCAO as remuneration for access to and use of the Platform, the remainder of the price of each Ride being paid to the Driver.
With regard to the cash payment received directly by the Driver, the latter irrevocably undertakes to pay the commission using the funds available in his/her personal account with PSP.
The User will have the possibility to leave a tip to the Driver either through the Platform or by paying directly to the Driver. This tip will not be included in the basis for calculating the commission paid to CAOCAO, its amount will be paid in full to the Driver.
7.6 Reduction of Commissions
CAOCAO may decide, at its sole discretion, on all mechanisms or programs allowing the Driver to benefit from reduced commissions, according to the terms to be determined in the programs, in order to facilitate the start of the Driver’s partnership with CAOCAO or to promote the quality of the services rendered through the Platform.
The written terms and conditions of such programs, if any, will be notified in advance by CAOCAO to the Driver by the authorized means of communication provided for in this contract.
The Driver acknowledges and agrees that CAOCAO reserves the right to determine, interpret or modify the detailed terms and conditions and duration of these programs.
CAOCAO may decide to implement various promotional programs, including the granting of promotional codes or discount coupons to Users. These codes or coupons will allow them to obtain a discount on the fares of transport services provided through the Platform. CAOCAO will assume the financial cost of these promotional programs and, therefore, will credit the Driver’s payment account with the amount of the discount that the Users will benefit from.
7.8. The Driver can regularly consult, via the Platform, the updated data of his turnover corresponding to the services performed, the amount of the commission he must pay to CAOCAO, and if applicable, the amount of the applicable commission reduction provided for in article 7.6, the indemnities provided for in article 7.7 and the amounts of discount or compensation he/she would pay to the User following a claim, as described in article 14, and the sum of all these amounts. Once the Driver requests payment of the corresponding balance from the PSP, the Driver is deemed to have accepted and confirmed these amounts and the calculations made.
7.9 Billing mandate
The Driver hereby gives CAOCAO, during the term of this Contract, a mandate for the following purposes:
- to establish and issue, in his/her name and on his/her behalf, all invoices relating to transport services carried out by him/her for the benefit of his/her customers through the CAOCAO platform, and,
- to send them to the Driver’s customers electronically.
CAOCAO is also mandated for the purpose of establishing and issuing invoices on behalf of the Driver for the fees for services that the Driver may be entitled to receive from CAOCAO in the context of their partnership. CAOCAO will also mark the invoices with the wording ” facture émise au nom et pour le compte du Chauffeur » (invoice issued in the name and on behalf of the Driver), with the name, address and VAT identification number of the Driver.
To this end, CAOCAO will set up an invoicing system integrated into the Application and allowing the Platform to carry out the corresponding functions. The billing mandate shall take effect on the day of implementation of this billing system.
The Driver confirms and guarantees that all the information relating to the legal status and tax regime of his/her company, as provided by him/her, is authentic, sincere and up to date, and he/she will notify CAOCAO without delay, by registered post with recorded delivery, of any change of information likely to affect the elements that must necessarily appear on the invoice. The Driver will have the possibility to consult and download via the Application all invoices within a reasonable period of time following the performance of the service concerned, and in the event of dispute as to the content of the invoice, he/she must immediately inform CAOCAO, no more than 15 days after obtaining access to the invoice concerned.
It is reminded that the Driver is solely responsible for the invoicing of his/her clients. He undertakes to download and keep the invoices issued by CAOCAO, and must declare and pay the tax mentioned on his/her invoices to the French tax authorities on a spontaneous and regular basis. The Driver guarantees CAOCAO against any damage or additional costs resulting from incorrect information provided by the Driver or any delay in updating it.
Article 8: Suspension and closure of the Driver’s Account
8.1 CAOCAO reserves the right to deny or suspend the Driver’s access to the Platform or to close the Driver’s Account in the event of a serious breach by the Driver of one of his or her essential obligations and in particular in the following cases:
- In the event of constant or recurring problems related to the reliability, quality or safety of the service provided by the Driver, which could be observed by CAOCAO or notified by the Users, and in particular :
- In the event of repeated cancellations, significant delays, or any misconduct in the execution of the service,
- Violations of VTC service market standards:
- Any other behaviour that has results in damaging CAOCAO’s image or brand.
- Sustained breach of the minimum overall score of 3 out of 5. The Driver will receive notifications when his/her overall score approaches the minimum score as well as recommendations and/or assistance in order to improve the quality of service.
- Violation of security regulations, in particular:
- inappropriate physical contact with a User,
- inappropriate language,
- making contact with a User after the completion of the Ride without the User’s consent,
- non-compliance with the rules of the highway code or driving deemed dangerous, consumption of alcohol or illegal substances
- False or fraudulent statements in the use of the Platform
- Omissions or misrepresentations when registering on the Platform and creating the Driver Account.
- Discriminatory behaviour towards the User
- Failure to comply with one or more provisions of this contract.
In the event of anything being reported to the police, CAOCAO and the Platform will cooperate fully with the police services.
8.2 The suspension or closure of a Driver Account will result in immediate denial of access to the Driver. Consequently, the Driver will no longer be able to use the Platform and the associated services.
As soon as the Driver’s Account is suspended or closed, the Driver will no longer be able to avail themselves of the intellectual property rights owned by CAOCAO.
Article 9: Termination of the contract
Unless expressly provided otherwise, this Contract may be terminated by either of the Parties, by registered post with recorded delivery notifying their intention to terminate, subject to one (1) months’ notice.
Without prejudice to any damages that CAOCAO may seek, CAOCAO reserves the right to terminate the Contract automatically, without notice or compensation, for any breach by the Driver of his/her contractual obligations.
The effective termination of this Agreement, for any reason whatsoever, will also have immediate consequences:
- the termination of the rights of the Driver and, if applicable, of his/her drivers to access and use the Platform and the Application by blocking, by CAOCAO, the Identifiers; and
- the immediate and automatic payment of amounts due by one party to the other; and
- the return to each of the Parties of the other Party’s confidential data and information and the impossibility of being able to use them.
Notwithstanding the termination of this Agreement, the contractual provisions which, by their nature, are intended to continue to apply after the termination of this Agreement shall so do, regardless of the cause of termination.
Article 10: Intellectual Property
CAOCAO is the owner of the Platform and all related intellectual property rights.
The Platform, the Application and the content (in particular data, databases, software, photographs, information, illustrations, logos, trademarks, etc.) that appear or are available on it are protected under copyright, trademark law, patent law, database producer law or any other right recognised by the legislation in force.
Any copy, reproduction, representation, adaptation, alteration, modification, unauthorized distribution, in whole or in part, of the Application and/or the content of the Platform, belonging to CAOCAO, to a third party or to another user, is illicit and may incur the criminal and civil liability of the offending user.
The temporary availability of the Platform and the Application under the conditions provided for in this Contract cannot be interpreted as the transfer of any intellectual property right to the Driver, within the meaning of the French intellectual property code.
If any suggestions, concepts or developments proposed by the Driver are implemented by CAOCAO in its services, the Driver acknowledges and accepts that CAOCAO is the owner of any rights, titles or interests that may result from such suggestions, concepts or developments.
However, for the purposes of the Platform and associated services, CAOCAO grants the Driver a non-exclusive, non-transferable and non-sublicensable User License for the entire duration of the contract, in order to allow him/her to reproduce and display its content, but only and strictly for his/her professional use in the context of the use and access to the Platform.
The present licence is granted for the sole and exclusive purpose of enabling the Driver to offer Users his/her transport services and to follow up on the Rides orders placed by Users, to the exclusion of any other purpose.
The Driver may under no circumstances make the Platform and/or the Application available to a third party other than the Drivers designated by him/her and must strictly refrain from any other use, in particular including but not limited to: any adaptation, modification, translation, arrangement, distribution, decompilation without the express, written and prior agreement of CAOCAO.
The Driver is also prohibited, without prior written permission from CAOCAO, from the following acts, including but not limited to:
- using the Platform and/or the Application for promotional purposes and, in general, offering products and services that remunerate him/her directly or indirectly, other than offers of Rides addressed to Users;
- creating archive files from the content on the Platform and/or the Application;
- reproducing, representing, using, referencing (particularly in the meta words of search engines), all or part of the content, brands, logos and distinctive signs appearing on the Platform and/or the Application.
Where applicable, the Driver shall ensure that drivers who are members of his/her staff and who are authorised to use the Platform and/or the Application comply with this article.
Article 11: Personal data
Each Party is responsible for their own processing of personal data and undertakes to collect and process any personal data in accordance with the regulations in force applicable to the Processing of such data, and in particular Regulation (EU) 2019/679 of 27 April 2016 (hereinafter the “General Data Protection Regulation” or “GDPR”), Law No. 78-17 of 6 January 1978 as amended, the French Act for a digital republic (loi pour une république numérique) and any new regulations that may be adopted during the performance of the Contract with regard to security and protection of personal data.
Failure to comply with the provisions relating to personal data constitutes a serious breach of the Parties’ commitments and may lead to termination of the Contract for breach by one of the Parties without prejudice to any damages.
Notwithstanding any provision to the contrary in the Contract, given the critical and strategic nature for the Parties to ensure the processing of personal data in compliance with the regulations in force and in particular with the GDPR, it is expressly understood between the Parties that the liability incurred in the event of a breach by them of the provisions of this Contract and/or Appendix cannot be subject to a ceiling.
Each Party undertakes to take all appropriate measures to protect and ensure the security, integrity and confidentiality of the personal data it collects and processes in accordance with standard practice and in particular to protect them against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, as well as against any other form of unlawful processing or communication to unauthorised persons.
Each of the Parties undertakes to inform the other Party of the occurrence of any security breach having direct or indirect consequences on the processing of Personal Data, as well as any complaint addressed to it by any person concerned by the processing carried out under this Contract.
This communication shall be made as soon as possible and no later than twenty-four (24) hours after the discovery of the security breach or after receipt of a complaint and in any event within a period of time that will enable the other Party to comply with its own obligations under the applicable regulations.
Each Party undertakes not to retain Personal Data beyond the retention period proportionate to the purpose of the processing for which it was collected.
Each Party undertakes to co-operate with the competent data protection authorities, in particular in the event of a request for information which might be addressed to them in the event of a control.
Article 12: Confidentiality
Each of the Parties undertakes to keep strictly confidential all information communicated to it as such by the other Party or of which it becomes aware in the course of the performance of this Contract.
Each of the Parties shall therefore refrain from disclosing the aforementioned information, throughout the duration of the Contract, for any reason whatsoever, except by order of a Court or administration or unless the information in question has fallen into the public domain.
Each Party also undertakes to ensure compliance with the provisions of this Article by all its personnel concerned, for whose conduct it vouches towards the other Party.
The obligation of confidentiality will apply for the duration of the Agreement and will continue beyond the expiration or termination of the Agreement for a period of three (3) years.
Article 13: Responsibility of CAOCAO
CAOCAO assumes, in the context of the execution of the present contract and the operation of the Platform, a best-efforts obligation . Consequently, its liability can only be incurred on the basis of a fault on its part proven by the Driver. In accordance with legal provisions, only the direct and foreseeable damages resulting from its fault will be repaired by CAOCAO.
The Driver is fully aware that CAOCAO is not in a position to verify the accuracy and truthfulness of the statements and information provided by the User, and that despite all the security measures put in place by the Platform, some Users could behave in an imprudent, inappropriate or dangerous manner. The Driver understands that such risks are inherent in private hire vehicle activities and will not seek any liability against CAOCAO for damages arising from a User’s conduct.
The Driver declares and confirms that he/she is, as the head of his/her own company, solely responsible for the risks associated with the operation of PHV transport activities, including any material or physical damage suffered by his customers or by him or herself. The Driver undertakes to defend and indemnify CAOCAO against any claim that may be made directly by a third party against CAOCAO in connection with the services provided by the Driver.
Article 14: Complaints and claims
14.1. The Driver expressly authorizes CAOCAO to receive complaints and claims from Users against him/her and to verify their truthfulness and accuracy. The Driver understands that CAOCAO may ask the User concerned to provide appropriate proof.
By way of example, complaints and claims may concern the price of a Ride, the choice of itinerary, service failure or disagreements of any other nature between the Driver and the User .
CAOCAO will transmit to the Driver, for the latter’s reference and observations, all information that it may collect from the User or in the context of its investigations following a complaint or claim by the User. The Driver will have a right of reply, he/she will be able to make observations and provide any evidence he/she deems relevant.
In the collective interest of ensuring reliable and quality services through the Platform, CAOCAO will propose an amicable resolution of the dispute to the Driver, which may consist of the refund of part or all of the price of the Ride in question.
The Driver is free to accept or refuse such a proposal, but he/she undertakes to react seriously and responsibly to the facts for which he/she is criticised, and to justify his/her possible refusal.
In the event of acceptance of an amicable resolution consisting of a reduction in the price of the Ride or the payment of compensation, the Driver will be deemed to have given his/her agreement and instructed PSP to carry out any movement on his/her account with PSP.
14.2. In the event of a complaint or comment from the Driver concerning the Platform’s operations or services, it may be transmitted by the Driver in electronic form either via the Application or by email to CAOCAO. Upon receipt of such complaint or comment, CAOCAO will study the submission without delay and may forumulate its response and/or comments by any appropriate means provided herein. Where appropriate, CAOCAO may put forward its own position and/or comments on the subject in question, as well as any proposal for an amicable resolution (including, where applicable, the payment of compensation) between the Driver, the Platform and/or the Client, and if it deems necessary, accompanied by any grounds explaining such a proposal.
14.3 In the event of a complaint or incident notified within the Platform as mentioned above, the Driver irrevocably grants CAOCAO the authorization to report the event and the relevant circumstances, together with resolution of the settlement, if any, to the PSP engaged by the Driver. The Driver is clearly informed that such information could result in the suspension, cancellation, refund or chargeback of the payment in question, in accordance with the rules governing its relationship with PSP.
Article 15: Communication of Information, Notification and Evidence
The Driver confirms and guarantees that all the information communicated by him/her when opening a Driver Account or during the execution of the present contract, in particular the elements relating to his/her personal data, the permits, authorisations and insurance policies enabling him/her to exercise his/her profession, and the information relating to the legal status and tax regime of his/her company, are accurate, sincere, complete and up to date, and that he/she will notify CAOCAO without delay of any change concerning this information accompanied by the necessary supporting documents.
The Driver confirms that he/she is solely responsible for the information provided, and that he/she guarantees CAOCAO against any damage, third party claims or additional costs resulting from incomplete or incorrect information he/she provides , or any delay in updating it.
The Driver acknowledges and accepts that notifications of any kind relating to the execution of this contract may be communicated electronically via his/her Driver Account, any other applications, e-mail, SMS or other electronic forms with CAOCAO and/or the Users (authorised means of communication). The information transmitted via these authorised means of communication is valid, binding and may engage the responsibility of the Driver.
Article 16: Applicable law and jurisdiction
Article 17: Survival of clauses
Signed in (place)
For the Driver
Appendix 2.1 Supporting documents required for the creation of a Driver Account
- Identity card or passport and, where appropriate, residence permit, and
- Driving licence, and
- Insurance for fare-paying passenger transport, and
- Professional Third-Party Liability Insurance, and
- Company or business registration certificate, and
- VTC permit, and
- Vehicle registration document, and
- “VTC” windscreen sticker, and
- Vehicle roadworthiness testing, and
- Reference details of of the Driver’s bank account, and
- all other documents that CAOCAO may legitimately request.
Appendix 2.3 Duty of care
The Driver undertakes to hand over to CAOCAO :
- A document certifying his/her registration (“extrait Kbis” or trade directory card (repertoire des métiers”))
- An “attestation de vigilance” issued by URSSAF which states the number of employees and the total remuneration that the Driver declared at his/her last due date. This document also certifies the Driver’s compliance with the obligations to declare and pay social security contributions.
Appendix 2.4 Required Insurance
|Material and immaterial damages (including fire liability)
|100,000,000 € per claim
|Of which damage to the environment and / or pollution
|1,500,000 € per claim
|Legal fees and court costs
|Cannot under any circumstances exceed €8,000 per claim, regardless of the number of beneficiaries.
|Collision with one or more vehicles
|Repairs covered by LEASEPLAN In all cases where the responsibility of a third party cannot be sought, the lessee remains liable for a contribution specified per vehicle and per event and specified in the special conditions.
|Collision with a fixed or mobile body
|Overturning the vehicle
|Fire, forces of nature
|Theft with or without violence
|Acts of vandalism
|Financial loss (difference between contract value and loss adjustor value)
|Up to the financial claim of the lessor
|Driver’s guarantee (personal injury of the driver of the rented vehicle)
|Compensation up to 152,500€ calculated according to the rules of the Common Law.
|Guarantee of personal effects and objects (of the Driver and the persons transported in the vehicle)
|Up to €500
Appendix 5.2 Hardware kit components
Phone holder, charging cable, umbrella, tripod, reflective vest