TERMS AND CONDITIONS
Art. 1 . Implementation of the terms and conditions. Opposability of the terms and conditions..
O'clock is the commercial name for the individual Gavage Lionel company. Every order is submitted to the following terms and conditions accepted by the client because of their mention on our commercial documents and on the website. The present conditions prevailing on all the others, except for special written dispensation from us. From this results that the only fact of sending a package or agreeing on a delivery, to be transported on a 2 wheel vehicle, automatically leads to the full and without reservation client's adherence to those terms and conditions.
Art. 2. General services
O'clock is intended for companies and private individuals, and offers them 24 hours a day, 7 days a week, on reservation :the transportation of people on two-wheeled motor vehicles so as to take them from a starting point to the destination of their choice. The service can be booked by the clients for immediate execution or for a scheduled execution.The express transportation of wrapped parcels, packages and goods (see Art. 3.). For the 2 wheel transportation the goods won't exceed 30 Kg and a size of about 55x35x25cmArea of activity : urban network, regional and national.The transportation of goods can be achieved by two-wheeled motor vehicles or, if needed, in vehicles under 3,5 T.O'clock reserves the right not to accomplish or offer those services for whatever reason.
Art. 3. Passenger transportation
Services
O'clock commits to do its utmost to take its passenger to destination within the shortest possible period of time and in optimal safety and comfort conditions.For safety reasons, O'clock reserves the right to refuse or suspend an errand for a client who doesn't agree with the safety instructions that O'clock commits to respect (Highway Code, Safety rules...)The passenger can not carry with him (except prior consent and liability release) animals, flammable, explosive, corrosive, toxic substances and dangerous or forbidden objectsO'clock reserves the right to subcontract its activity to a service provider guaranteeing the same level of quality, safety and services that O'clock commits to guarantee.
Reservation
No reservation can be taken into account on a single phone call, the reservation must necessarily be made or confirmed by the client in a written way (form from the website, e-mail, text message).Every reservation is made, subject to the availability of a vehicle likely to be assigned to achievement of the service by O'clock. O'clock shall acknowledge receipt of the reservation by e-mail or text message and confirm the availability. In the event of vehicle unavailability, the customer is invited to renew his request later on.The customer must compulsorily give, when making a reservation, all the information essential to the smooth proceeding of the ordered performance (Name, Phone number, Precise addresses, Sizes, luggage, hours...)The cancelation or modification of a reservation must be made in a written form at the latest three hours before the scheduled pick up time. If not, up to 50% of the price including taxes will have to be paid. If cancellation is made within the hour preceding pick up time, 80% of the price, including taxes, will have to be paid.
Waiting time and/or delay
Waiting time at home, at the company, ect : After a 15 minutes wait at the scheduled meeting point and without information regarding the customer, the driver can consider that the reservation is canceled. The ordered service will be charged at 100% of the scheduled trip. On customer request, waiting possible, charged 1€/minute.Waiting time at stations and airports, if more than 20 minutes beyond scheduled arrival time for plane or train, charge 1€/minute.A possible late arrival or a delivery time longer than expected leading the customer to suffer the damage due to a reason beyond the control of O'clock (traffic jam, accident, extreme weather events, diversion, events...) can not be hold against O'clock.
Payment of services
The trip payment (flat rate pricing) is made before the trip. Types of payment accepted : cash, credit cards (MasterCard, Visa, Maestro).Insurance, fuel, driver service are included in O'clock's fares excluding tax .Toll fees, waiting hours or additional kilometres not included in the estimate will be charged in additionTime and mileage will be counted starting from the centre of Lyon (Bellecour)Any damage caused to the equipment, whether it is intentional or not, will be charged.
Art. 4 . Parcels and packages transportation:
Transported objects' features.
The unit weight and volume of every parcel has to be compatible with the type of vehicle.The following goods are not accepted (except prior consent) : living animals, perishable food products subjected to particular transporting conditions, precious metlas, jewellery, precious stones, valuable papers and paper money, dangerous or infected substances concerned by the ministerial decree from April 15th 1945 and amendings, replies to invitations to tender.
Damages to transported parcels. Limitation of liability
In case of loss or damage, the compensation paid by O’clock for all the justified damages will under no circumstances exceed the good’s value within the limits of 23 euros per kilo, without going over 750.00 euros per missing or damaged parcel, and this whatever may its weight, volume, size, nature and value be.In the event of loss or damages, once the damage assessed, it should be addressed in the three clear business days following the receipt of the goods. Any legal proceeding should be engaged in the year following delivery. Nevertheless, O'clock should not be held responsible in case of major forces or unforeseeable events.The handling operations are made under the purchaser's liability. Are charged to the sender the packaging, wrapping, marking and wedging in the parcel. O'clock will only take care of undamaged parcels and packages.
Delay in delivery
The compensation for the delay will be at most equivalent to the price of transportation, and it will be due only if the addressee provides proof of the damageIn order to raise the limitation of liability, a declaration of value specific to the delivery, on request of and chargeable to the sender or purchaser, can be made.
Cost
The transportation operations will be charged the going rate at the time of their execution, a copy of the fares being held available for customers.All the payments will be made upfront the invoice or at the due date set out contractually (maximum 30 days).In case of a late payment, any amount due that is not paid by the scheduled settlement date will lead by rights and without prior formal demand, by dispensation of article 1153 of the Civil Code, to the instalment of the late-payment interest at the Banque de France rate on the day of invoicing. These interests shall accrue from the due date until paid. Any direct debit rejected due to the debtor's inability to meet his/her debt obligation will be the subject of an additional billing of 11,43 Euros not including taxes. Forms a payment in this article, the actual effect of a trade at the agreed date or check settlement.O'clock can cease all services, if it sees fit and by rights, without prejudice to any damage that might be claimed to the defaulting customer.
Claim
In every case, the recipient's claims must be addressed to O'clock within three working days, by registered mail with acknowledgment of receipt, and reservations must be made prior to the time of delivery, in a precise, complete and contradictory way, on the delivery note presented to the recipient.The courts of Chambéry will have exclusive jurisdiction in disputes of whatever kind.
LEGAL NOTICES
PUBLISHER
O'Clock - 74 montée Saint-Jean 73370 Le Bourget du Lac
www.o-clock.fr - Téléphone : +33 (0)6 72 92 77 88
SIREN : 794 480 335 - APE : 4932Z
Editorial director and managing director : Lionel Gavage
HOSTING SERVICE PROVIDER
On line SAS - BP 438 75366 PARIS CEDEX 08 - http://www.online.net/
RIGHTS
Under the French Code of Intellectual Property and, more generally, under international treaties and agreements containing provisions relating to the protection of copyright, it is forbidden to reproduce, totally or partially, for a purpose other than private, it is also forbidden to sell, distribute, give out, adapt, modify, publish, communicate completely or partially, in any form whatsoever, data, presentation or organization from the website without prior written authorization given by O'clock. The photographs, texts, drawings, models, images, animated sequences with or without sound as well as all works included in the website are the property of O'clock or of the third parties who have authorized O'clock to use them.
DATA PROTECTION ACT FROM JANUARY, 6th, 1978
In accordance with Article 39 of the French law n ° 78-17 of January 6th 1978 relating to data, to files and liberties, any registered user on the website has a right of access, modification, correction and deletion on information about him. To exercise this right, please contact O'clock either by sending a letter to :130 impasse du château d'eau - 38460 MORAS or by e-mail to : contact@o-clock.fr, don't forget to give us your name, your address and/or your e-mail address.
HYPERLINKS
The publisher assumes no responsibility for the content of sites for which he is not the editor and that are accessible through hyperlinks.
LIABILITY
O'clock can not be held responsible for any damage whatsoever caused by a connection to its site. It is the sole responsibility of the user to take over the protection of their data and equipment against contamination by computer viruses, intrusion attempts, loss, damage or alteration of files due to a connection to this website through the Internet.
Graphic design and production of the website : http://www.createurdempreinte.fr - Tél. +33 (0)6 86 64 77 39