Terms and conditions – Passenger
Last updated: Avril 4, 2020
1. Purpose of the Services
CAOCAO Mobility Paris provides the User with a technological solution to book and use Transportation Services provided by Third Party Drivers by the means of its mobile Application Caocao, or its Website.
The User acknowledges that CAOCAO Mobility Paris does not provide itself the transportation service but is only providing a service of intermediation between the User and the Third-Party Drivers.
CAOCAO Mobility Paris, is a S.A.S company based at 102 Rue Victor Hugo 92300 Levallois-Perret, France and registered under number 852 951 789, whose share capital is 10,000,000 Euros and VAT individual identification NO. is FR35852951789. (thereafter “CCMP”).
“Application” means the “CAOCAO” software application published and operated by CCMP and accessible by mobile phone, Internet, SMS or any other means of telecommunication, enabling a User wishing to be transported by vehicles for hire (VTC) to be put in contact with a Driver, and enabling the User to consult and manage a set of information concerning the Platform, concerning him/her and concerning the rides, in particular his/her personal data, the history of transactions and his/her communication information via the Platform, etc.;
“Third Party Drivers” refers to the independent third party providing the Transportation Service through the use of the Service.
“CCMP” means CAOCAO Mobility Paris, as described at Article 1 herein.
“User Content” means text, audio, and/or visual content and information, except for personal information in the sense of applicable data protection laws and elements concerning protected intellectual property uploaded on the Application and the Website, including commentary, ratings, and feedback related to the Services or the Transportation Services, initiation of support requests, and submission of entries for competitions and promotions;
“Consumer” means any natural person who uses the Services or the Transportation Services through the use of the Application and/or the Website, in France, for other purposes that are not part of his or her commercial, industrial, craft, liberal or agricultural activities within the meaning of the preliminary Article of the French Consumer Code, without prejudice to any definition resulting from the law of the European Union or its case law;
“Account” means the personal user Services account allowing him/her to access all the Platform’s functionalities.
“Charges” means the fees incurred for the Transportation Service, based on the Rates and any of the supplementary charges, such as cancellation charges, waiting charges and cleaning and/or repair charges, excluding gratuities.
“Rider Group” means a feature that enable the User to share the use of his/her profile with selected members, allowing them to benefit from a common payment method.
“Platform” means the operational platform for the Transportation Service reservation operated by CCMP in order to implement the Application.
“Discounts” means promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or Transportation Services, subject to any additional terms that CCMP establishes on a per promotional code basis;
“Services” means access or use by a User of the Application, Website, content, products, and services made available by CCMP;
“Transportation Services” means services provided by Third Party Drivers to the User through the use of the Services;
“Website” shall mean www.caocao.fr or any other website operated by CCMP as part of the Services;
“Rates” means the price that applies for the Transportation Services, expressly communicated to the User on the Application and/or the Website at the time of the validation of the corresponding order;
“Terms” means the current general terms and conditions of use;
“User” means any person that accesses and/or uses the Transportation Services through the Platform.
These definitions cover both the singular and plural forms of the defined terms.
3. Acknowledgement and acceptance of the Terms
These Terms govern the Services made available by CCMP to the User
The User must read and agree to the Terms prior to accessing and using the Services. Failure to read and accept the Terms will prevent the User to access and use the Services. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter, and expressly replace and supersede any prior agreements concluded between the User and CCMP.
Additional terms – In certain cases, CCMP may apply additional terms, which will be disclosed to the User in the Application and/or Website, in connection with the additional applicable Services. Additional terms shall be deemed a part of the Terms for the purposes of the applicable Services and shall prevail over these Terms in the event of a conflict with respect to the additional applicable Services. The User must read and agree to the additional terms prior to accessing and using the additional applicable Services. Failure to read and accept the additional terms will prevent the User to access and use the additional applicable Services.
Update of the Terms – CCMP may modify these Terms from time to time, and such modified and updated Terms will be published through the Application and communicated to the User. Upon entering into effectiveness of such updated terms, the User must read and agree to the updated version of the Terms before being able to use the Services again. Failure to accept the updated Terms will prevent the User to access and use the Services.
Assignment – The User authorizes CCMP to assign or transfer these Terms in whole or in part to any third-party.
Severability – If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the other provisions of the Terms shall not be affected. Should this event occur, CCMP will replace the contentious provision or part thereof with a legal, valid and enforceable provision and that has, to the greatest extent possible, a similar effect as contentious provision or part thereof.
4． The Services
4.1 Access to the Services
Legal age – To benefit from the Services, the User must create a personal Account. To create such an account and use the Service, the User must be at least 18 years old.
The User must create a password that is secure enough to protect the User’s Account.
Technical availability of the Services – The User can access the Services through the means of a functioning data network and an updated compatible device which allow the running of the Application and/or the functioning of the Website.
4.2 Use of the Services
Booking – The User places a booking for Transportation Services on the Application or the Website, choosing a place of departure, a place of arrival and the time to leave. CCMP will deliver this information as an order to Third Party Drivers, then Third Party Drivers get the ride and begin to serve. Failure to provide this information will result in the booking not being processed.
Upon validation of the booking, the User must present him/herself at the place of departure.
Obligations of the User – The User shall use the Services in compliance with any applicable laws and is solely responsible for its use of the Services in any way that is contrary to these laws. In particular, the User shall behave in a responsible and civil manner when using the Services and should not hinder the performance of the Services and the associated Transportation Services.
The transfer of the User’s personal Account to any third-party is forbidden.
Without prejudice to the Rider Group feature, the User shall not give access, and permit the use of, its personal account to third parties.
Under certain circumstances, the User may be required to provide identification before accessing or using the Services. Failure to do so may prevent the User to access and use the Services. The Services are provided solely for the personal and non-commercial use of the User (as a Consumer or for the purpose of his/her professional activities). The User acknowledges that CCMP does not provide the Transportation Services as a transportation carrier and that all such Transportation Services are provided by Third Party Drivers who are not employed by CCMP.
Feedback, comments and ratings – The User can rate and provide feedback or comment on the Third-Party Driver once the Transportation Service is completed, as the Third Party Driver can rate the User.
In case of a grade lower than 3/5, a feedback explaining the grade given to the Third Party Driver will be obligatory.
The User declares to be fully and solely liable for all his/her feedbacks or comments (“Comments”) and promises not to use any inappropriate, disrespectful or abusive language nor to submit comments that are irrelevant to the Services.
Under no circumstances will CCMP be considered as a publisher or editor of User’s Comments and will not assume any responsibility for verifying the authenticity or the intellectual property of the content. The User is solely responsible for the consequences of the use or publication of these comments and shall hold CCMP harmless from any claim resulting from such use or publication.
Discount: At its own discretion, CCMP can create promotion codes to the benefit of the User or to any other User, subject to its lawful use for the intended audience and purpose, and notably its non-disclosure to any third-party except as expressly permitted by CCMP. If CCMP finds that the User has used the promotion codes fraudulently, illegally or in violation of the Terms or of the specific terms, CCMP may withhold or deduct, in whole or in part, any of the credits, features or other benefit obtained by the use of the promotion code.
CCMP reserves its right to deactivate the promotion code at any time for any reason without liability to CCMP.
The promotion codes are applicable to payments made by credit/debit card only and may have a limited duration, leading to their expiration regardless of whether they have been used by the User. In any event, the promotion codes are subject to CCMP specific terms which the User must read and agree to beforehand.
Discounts can be offered to certain users only and not to the User, which may result in a different rate for the same or similar Transportation Services.
Suspension and Termination of the Service: There is no fixed termination date for this Terms. The User is free to stop using the Application, the Website and/or the Services at any time.
In case of the violation of the Terms by either party, the other party is entitled to terminate these Terms or any Services. The termination of the Terms by either party does not relieve the User from paying the Transportation Services costs incurred before such a termination takes effect.
Any fraudulent use of the Services and/or of the Account by the User, or failure to charge the User because of the payment method registered, gives CCMP the right to stop offering, suspend or deny access to the Services or any portion thereof.
5. Intellectual Property
CCMP and CCMP’s licensors retains full ownership on the Services (including IP rights). The User is not entitled to use or reference in any way whatsoever CCMP’s or CCMP’s licensors company names, trademarks and logo or products and services.
CCMP grants the User with a limited, non-exclusive and non-transferable license provided that the latter complies with these Terms. This license allows the User to access and use CCMP’s Application and Website (including content, information and related material) on a personal device for the only purpose of the use of the Services as CCMP’s User (excluding any commercial purpose).
As part of the access and use of the Application and the Website, the User is not entitled to use or modify any CCMP’s copyright, trademark or any other notices nor is entitled to represent, reproduce, sub-license, create derivative works, decompile, reverse engineer or more generally use in any other way the Services except as expressly allowed by applicable law and in the limited license granted by CCMP.
5.2 Third party’s content
CCMP is only liable and responsible for its own Services in accordance with these Terms. CCMP would not, in any way whatsoever, be held liable for third party’s content (including marketing and advertising material) or products and services provided on the Application or the Website. These third party’s content or products and services are subject to separate terms and conditions that the Users should be aware of their own fact.
5.3 User Content.
Under certain circumstances, CCMP may, at its sole discretion, authorize the Users to publish or share some content to other CCMP’s Users through the Services (“User Content”).
The User retain full ownership on its own content(s). The User grants CCMP, as User content is published through the Services, a worldwide, transferable, royalty-free license, with the right to use, copy, distribute, publicly display, publicly perform, and otherwise share in any manner, in all formats and material supports known or unknown to date, for the duration of the protection granted to such Users contents.
The User declares to be the exclusive owner of the rights granted to CCMP or to have obtained the necessary rights and authorizations to grant such a license. The User warrants that he/she does not infringe, misappropriate or violate any rights held by third parties over such content. In any event, CCMP is entitled to remove any User content that would be considered as offensive or unlawful.
Under no circumstances will CCMP assume any responsibility for verifying the authenticity of the User Content, so as to assume its consequences that may incur.
6. Data Protection
7. Payment: Charges and Rates
7.1 Service Charges
CCMP provides the access to the Application and/or Website to the User free of charge.
7.2 Transportation Service Charges
The Transportation Services booked using the Application and/or the Website will be subject to a Charge. The User, by confirming the booking of the Transportation Services, accepts to pay the applicable Charges, in accordance with these Terms. The applicable Charges correspond to the amount, in Euros, displayed in the application/website when the User places an order, all taxes included.
7.3 Cancellation Charges
Consumer’s right of withdrawal
The Customer’s right of withdrawal is not applicable to the Service insofar as the provision of the services is fully performed before the end of the withdrawal period (14 days from the conclusion of the contract), and that performance begins after prior express agreement of the Customer and express waiver of his/her right of withdrawal, in accordance with the provisions of Article L. 221-28 of the Consumer Code.
Hence, considering the nature of the Transportation Services, the User hereby expressly waives, as a Consumer, his/her legal right of withdrawal from the Transportation Services once its performance has begun.
If the User does not show up at the agreed place and time of departure, the Third-Party Driver can cancel the User’s trip with no liability for any cost association with the cancellation and will charge the User a Cancellation Charge.
The Cancellation Charges details are as follow (important: the cancellation charges shall be different with different cities, vehicle models and service types) :
i. Real-time order: if the Third Party Driver accepts the order request for 6 minutes and above, but the User cancels the order, the User shall be charged for cancellation charge (at the minimum charge of €11 for Elégance service and €10 for Atmosphère service subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order);
ii. Reservation Order: if the Third Party Driver accepts the order request for 5 minutes and above and within 30 minutes before the pickup, but the User cancels the order, the User shall be charged for cancellation (at the minimum charge of €30 subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order);
iii. If the Third-Party Driver fails to show up at the pickup point within the specified time (i.e. late arrival, detour and other objective factors), the User will not be charged for cancellation.
a. The cancellation charge cannot be paid in cash but can be invoiced;
b. The User cannot request a ride when there is an outstanding cancellation charge, which is equivalent to an unpaid ride;
c.The User cannot pay the cancellation fee with coupons;
d. A cancellation charge is due to User reasons by default.
And in the following circumstances, the Third Party Drivers can cancel with no liability (unless otherwise agreed though the App or Website in relation to your specific order):
A. Real-time Order: if the Third Party Driver arrives at the pickup point for 6 minutes and above counting from the arrival time of the Third Party Driver, he/she can cancel the trip with no liability;
B. Reservation Order: if the Third Party Driver arrives at the pickup point for 1 minute and above counting from the time of pickup or the arrival time of the Third Party Driver if later, he/she can cancel the trip with no liability;
The NO-liability cancellation regulation shall be different with different cities, vehicle models and service types.
7.4 Waiting Charges (important: the waiting charges shall be different with different cities, vehicle models and service types) :
Waiting charges may be due in case the User makes the Third Party Driver wait longer than the free waiting period indicated in the Application and/or the Website.
The cost details are as follow:
7.4.1 Real-time order: after the Third Party Driver waits for 6 minutes, the waiting charges shall be taken for 0.6€ per minute, and the maximum charge is up to 11€ for Elégance service and 9€ for Atmosphère service which is the minimum consumption fee of real-time orders, subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order). The waiting time shall be counted until the User arrives at the pick-up point.
7.4.2 Reservation order: after the Third Party Driver waits for 1 minute, the waiting charges shall be taken for 0.6€ per minute, and the maximum charge is up to 15€ which is the minimum consumption fee of reservation order subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order). The waiting time shall be counted from the appointed vehicle using time until the User arrives at the pick-up point.
7.4.3 Only in the case that the User lets the Third Party Driver wait longer than the free waiting period, the waiting charge will be charged. And if the User cancels the order after letting the Third Party Driver wait longer than the free waiting period, only cancellation charge will be taken.
7.5 Cleaning and repair Charges
Any damage or dirtiness caused by the User to the Third Party Driver during the performance of the Transportation Service will result in the charging of a repair and/or cleaning Charge, which amount shall correspond to the costs incurred by the Third Party Driver to repair and/or clean its property, in the name and on behalf of the Third-Party Driver. The repair and/or cleaning fee is a Charge that is added to the Transportation Service Charge.
7.6 Payment of the Charges
Payment to Third Party Drivers for the Transportation Services booked through the Application and/or the Website, and any other Charges as defined at Article 7.3, 7.4 and 7.5, will occur through a third party as the payment service provider who process and give assistance in payment.
The Charges are immediately due by the User and are paid via the main payment method registered in the Account. Should the main payment method fail to pay the Transportation Service, CCMP may use the other payment methods registered and supported by the Platform, if any. The User is emailed a receipt by CCMP to the email address registered in the Account.
By confirming an order, the User irrevocably gives :
- his agreement to pay the order price calculated in accordance with this paragraph 7;
- a pre-authorization of payment, up to 120% of the estimated price (before reductions or promotions).
The User can submit a request for lowering the Charges for a specific designated Transportation Service provided to him/her, at the time the user receives such a Transportation Service. CCMP will respond accordingly to any request from a Third Party Driver to modify the Charges for a specific Transportation Service.
The Rates for the Transportation Services is available on the Application and/or the Website, subject to modification or update from time to time. Based on your order and the Transportation Service and/or location, the Application and/or the Website will display the Rates or an estimate for the Transportation Services.
In addition to the fixed amounts hereof, the Rates may consider the distance, and duration of the Transportation Service, as well as any peak pricing or changes agreed on with the Third Party Driver. In particular, the User takes note that the Rates are likely to substantially increase in peak hours in certain geographical areas. Such increase may result in a modification of the Charges of any booking that is modified by the User during the course of the Transportation Service.
Tipping is purely optional and is at the sole discretion of the User.
User will have the possibility to tip the Third Party Driver either through the Platform or by payment directly to the him/her.
7.9 Rider Group
7.9.1 A User (Rider Group Administrator) can create a Rider Group by inviting one or more Users already registered on the Platform (Rider Group Members) to participate in this group.
A Rider Group can have up to 8 members, Administrator included.
One User can only be the Administrator of one Rider Group at a time.
7.9.2 The invited User will only become the Rider Group Member after acceptance of the invitation made by the Rider Group Administrator via the Platform. A Member is free to withdraw from the Group at any time.
Each Rider Group Member has the possibility to order VTC transport services via the Platform, the price of which will be paid by the Rider Group Administrator, by debiting the payment card held by the latter and registered with the Platform.
The Rider Group Member must strictly comply with the other terms and conditions of use of the Platform.
7.9.3 The Rider Group Administrator irrevocably authorizes payment for all services ordered by Rider Group Members and all expenses that may be incurred under the present Terms and Conditions, without the need for his/her prior authorization for payment. However, the Rider Group Administrator will be notified in a timely manner by mobile text message of any transaction of Rider Group Member that incurs a service fee or charge payable by the Rider Group Administrator.
All receipts or invoices for the rides ordered by Users as Rider Group Members are automatically sent to the e-mail address of the Rider Group Administrator registered with the Platform.
The Rider Group Administrator has the option to exclude a Rider Group Member at his or her discretion or to completely dissolve the Group (unless there is still a relevant ride to accomplish).
No limitations and disclaimer can limit the liability of CCMP or alter the User’s rights as a Consumer that cannot be excluded under French law.
8.1 Liability of CCMP
The User acknowledges that CCMP’s Application and Website are purely technical intermediary platforms and that CCMP does not provide the Transportation Services offered by Third Party Drivers through such platforms.
CCMP disclaims all representations and warranties, express or implied not expressly set out in these Terms. In particular, CCMP does not guarantee the availability of vehicles in the geographic area where the User is located. In addition, CCMP makes no guarantee that the Services will be uninterrupted or error-free. The Service may be interrupted by CCMP for technical reasons that are inherent to its functioning. The Service may also be interrupted as a result of a network or the User’s device failure.
As a booking platform (“centrale de reservation”), and pursuant to applicable law, CCMP is jointly liable with the Third Party Driver of Transportation Services provided in France to the User as a result of a booking made through the Services.
CCMP is not liable in case of non-performance or improper performance of Transportation Services when such non-performance or improper performance is attributable to the User, or where such non-performance or improper performance results from a force majeure event.
9. Dispute resolution
9.1 Mediation available to Consumers
As a Consumer, the User may, in accordance with the provisions of articles L.616-1 and R.616-1 of the French Consumer Code, use a mediation service free of charge in the event of a complaint relating to the Terms and/or the Services offered by CCMP in France and not resolved amicably by CCMP Customer Service after prior written request from the User.
Consumers should contact the National Association of Mediators (ANM) either by posting a mail to 62 rue Tiquetonne 75002 Paris, France or by completing an e-mail online with a referral form at https://www.anm-conso.com.
Consumers also have the possibility to use the online dispute resolution, platform which can be found here, pursuant to Regulation (EU) No 524/2013 of 21 May 2013.
In order to communicate with CCMP on this subject, the User can write to CCMP at the following email address: firstname.lastname@example.org
9.2 Applicable law and competent jurisdiction
Failing an amicable settlement of any dispute related to the use of the validity, interpretation, performance, termination or cessation of the Services, and any matter incidental hereto, the dispute will be resolved before the competent French jurisdictions.
The Terms and the Services associated with are governed by French law.
10. Notice and contact
CCMP may give a notice to the User by one of the following means, where appropriate:
- By email, to the User’s registered e-mail address.
- By post, to the User’s registered postal address
- By a general notice, directly on the Application
The User can send a specific notice to CCMP, by means of a written communication to CCMP’s address at 102 Rue Victor Hugo, 92300 Levallois-Perret, France.
Generally, the User can also contact CCMP by one of the following means:
- Telephone: 0033185010860
- Email: email@example.com