GENERAL TERMS AND CONDITIONS OF SALE

Version 1 - July 1st 2025

5A TRANSPORTS

SARL with a capital of 30 000 €

Registered office: 12 bis chemin Combavas, 97411 Saint-Paul SIRET : 94909928700011

Telephone : 06 92 37 92 89 | Email : contact@5a-transports.fr

Article 1 - Purpose

These General Terms and Conditions of Sale (GTCS) govern the passenger transport services offered by 5A TRANSPORTS. Any order implies the customer’s unreserved acceptance of these GCS.

Article 2 - Applicable regulations

5A TRANSPORTS carries out its activity in accordance with French regulations :

Articles L.3120-1 to L.3124-4 of the Transport Code (public passenger transport)
Decret n°85-891 of 16 August 1985 relating to the road transport of passengers.
Decret no. 2017-483 of 6 April 2017 on private public transport services.
European regulations on driving time and rest periods
Consumer Code, particularly in the case of distance booking.

Article 3 - Services

The company 5A TRANSPORTS provides private passenger transport services which consist of ensuring, for a fee, the transport of customers from a point of departure to a point of arrival, according to their specific needs, in a vehicle assigned exclusively to their use, with a professional driver.

This service is booked in advance. It is aimed at private individuals, professionals or institutions, and can meet a variety of needs: one-off journeys, transfers (airports, stations, hotels), regular trips, event or tourist transport.

The services provided by 5A TRANSPORTS are based on :

Individualised service: The vehicle is dedicated to the customer or group who has booked, with no third-party passengers.
Tailor-made service: The itinerary, timetable and place of departure and arrival are defined in advance with the customer.
Professional driver: The driver has the required legal authorisations and qualifications (driving licence, professional card, etc.).
Compliant vehicle: The vehicle used meets current standards (transport insurance, safety, comfort).

⁃ Contract of carriage: The service provided gives rise to a contract governed by these General Terms and Conditions of Sale (GTCS).

5A TRANSPORTS only commits to a departure time and not to an arrival time. Except for tourist tours, the choice of departure time is solely by the customer. 5A TRANSPORTS declines all responsibility in the event of a wrong choice.

If the customer is not present at the meeting point or in the event of a delay of more than 30 minutes, the journey is considered to be cancelled, and the corresponding costs are due in accordance with the cancellation conditions.

Conditions on board :

Smoking is not permitted on board.
Seatbelts must be worn both front and rear (Article R412-1 of the French Highway Code).
The driver may not be forced to commit an offence (e.g. speeding).
Any dangerous behaviour (drunkenness, insults, use of drugs, etc.) may result in immediate suspension of the service without refund.
Any damage caused to the vehicle is entirely at the customer’s expense.
Pets are accepted subject to compliance with regulations (crate, lead, etc.) and any additional charges.

5A TRANSPORTS reserves the right to use the services of an approved partner. In accordance with article L111-1 of the Consumer Code, 5A TRANSPORTS will provide the Customer, before the pick-up, with all the essential information about the service, including the identity of the actual service provider.

Article 4 - Luggage

The luggage carried must be in proportion to the capacity of the vehicle. It remains the responsibility of the customer. 5A TRANSPORTS cannot be held responsible for lost, forgotten or stolen personal effects.

Bulky luggage is loaded and unloaded by the 5A Transports driver. The maximum weight authorised per item of luggage is thirty (30) kilos.

Article 5 - Booking

All services require prior booking in writing (paper or electronic). For individuals, all orders of €200 or more, a deposit of 30% is required to validate the booking.

Article 6 - Schedules - Prices and payment

Prices include transport costs, fuel, any tolls, VAT (for individuals), and are communicated when the order is placed.

Daytime service hours are: 6.00 am to 8.00 pm.

Night-time service hours: 8.00 p.m. to 6.00 a.m. (increased rates)

Terms of payment for individual customers:

On completion of the service for amounts less than €200,
For amounts of €200 or more, the balance must be paid at the end of the service (30% deposit paid at the time of booking),
Means of payment accepted: cash, bank transfer, credit card,
Cheques are not accepted,
Gratuities/tips are not compulsory.

Terms of payment for professional customers:

Within 30 days after receiving the invoice
Means of payment accepted: bank transfer
Cheques are not accepted,
Gratuities/tips are not compulsory.

Article 7 - Cancellation

Services ≥ 200 €: Cancellations can be made up to 48 hours before the start date, free of charge. After this time, 30% of the amount have to be paid.
For professional clients – Services ≥ €200: Cancellation less than 24 hours before departure, 100% of the amount of the service is charged.
Services < 200 €: Cancellation less than 2 hours before departure: 50% of the cost of the trip will be charged.

Article 8 - Clauses limiting liability

The company cannot be held responsible for delays due to:

External causes: traffic jams, blocked roads, police intervention, etc.
Technical causes: vehicle breakdown, accident,
Force majeure: strikes, bad weather, terrorist attacks, etc.

The company also declines all responsibility in the event of theft or loss of personal belongings.

Article 9 - Security and refusal of pick-up

The customer is obliged to inform the company of the presence of any children requiring special seats (booster seats or baby seats). Children cannot be transported without suitable equipment. In the absence of notification, transport will be cancelled and no refund will be made.

The driver may refuse or interrupt transport in the event of dangerous behaviour on the part of the customer (drunkenness, violence, etc.). In this case, the full price remains payable.

Article 10 - Personal details

In order to meet the needs of its customers, whether consumers or professionals, the company may record certain personal data (surname, first name, address). This information may be communicated to its internal departments in order to provide customers with a quality service tailored to their needs. The company reserves the right to communicate this information to a commercial partner, it being specified that the customer, whether Consumer or Professional, may object to this communication by indicating this in writing to the Company.

Pursuant to the French Data Protection Act of 6 January 1978 and Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (“RGPD”), the customer (Consumer or Professional), benefits from the following rights: the right to information, access, rectification, deletion of their personal data, to request a limitation of the processing, to object to the processing, to the portability of their personal data, to give instructions as to the fate of their personal data in the event of their death.

Customers may exercise their rights and obtain this information from the Company by :

E-mail to the address: contact@5a-transports.fr
By post to the Company’s postal address.

Customers are also informed that they have the right to lodge a complaint with the competent supervisory authority, such as the Commission Nationale de l’Informatique et des Libertés in France.

Finally, it is specified that the Customer who does not wish to be the subject of commercial canvassing by telephone can register free of charge on the BLOCTEL opposition list on the bloctel.gouv.fr website.

Article 11 - Validity of the General Terms and Conditions

Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Under no circumstances does such a modification or decision authorise customers to disregard these General Terms and Conditions. Any conditions not expressly covered herein will be governed in accordance with usage in the private transport sector, for companies whose registered office is located in France.

Article 12 - Indivisibility clause

If one of these clauses were to be declared null and void or contrary to a mandatory rule or rule of public order under French law, only that clause would be affected by the nullity. Neither the agreement nor the other clauses of these general terms and conditions will be affected by the nullity.

Article 13 - Modification of the General Terms and Conditions

The General Terms and Conditions are dated precisely and may be amended and updated by the service provider at any time. The General Terms and Conditions applicable are those in force at the time the order is placed. Changes to the General Terms and Conditions will not apply to services already purchased.

Article 14 - Mediation

1. Prior complaint – In the event of a dispute, the Customer must send a written complaint to the company as follows:

- - By telephone: 06 92 37 92 89, Monday to Friday from 8am to 12pm and from 1pm to 4pm.
  - By post: 5A TRANSPORTS, 12 bis chemin Combavas, 97411 Saint-Paul.
  - By email : contact@5a-transports.fr

14.2. Request for mediation – If the customer’s request for a complaint to the company is unsuccessful, or if there is no response within a period of one month, the customer may submit the dispute relating to his reservation or to the GTC between him and the company to the CENTRE DE LA MEDIATION DE LA CONSOMMATION DE CONCILIATEURS DE JUSTICE (CM2C) :

Address: CM2C, 49 rue de Ponthieu, 75008 PARIS
Telephone number: 01 89 47 00 14
Email: cm2c@cm2c.net

The CM2C will seek an amicable settlement free of charge.

The customer acknowledges that the CM2C has exclusive jurisdiction to mediate disputes arising from the Order, the Products or the GTCS. Neither the Customer nor the Seller may use any other mediation system.

To submit a request for mediation, the Customer may use a complaint form available on the mediator’s website. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Article 15 - Applicable law and competent court

THE COMPANY ELECTS ITS REGISTERED OFFICE AS ITS DOMICILE.

RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.

IN THE ABSENCE OF AN AMICABLE AGREEMENT, THE CUSTOMER MAY REFER TO THE COMPETENT COURT ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, CONCLUSION, PERFORMANCE OR TERMINATION OF THE CONTRACT, AS WELL AS ANY DOCUMENTS RELATED TO THIS CONTRACT.

THE COMPETENT COURT WILL BE THAT OF THE DEFENDANT’S PLACE OF RESIDENCE (ARTICLE 42 OF THE CODE OF CIVIL PROCEDURE) OR THAT OF THE PLACE OF ACTUAL DELIVERY OF THE GOODS OR PERFORMANCE OF THE SERVICE (ARTICLE 46 OF THE CODE OF CIVIL PROCEDURE).

Article 16 - Acceptance

Booking a service with 5A TRANSPORTS implies acceptance of these General Terms and Conditions of Sale (GTCS).

PRE-CONTRACTUAL INFORMATION

The Customer acknowledges that he/she has received information prior to the conclusion of his/her reservation contract concerning :

The essential characteristics of the service
The price of the service;
The date or deadline by which the professional undertakes to perform the service;
The guarantees and other contractual conditions;
Whether there is a right of withdrawal, depending on the marketing method, and the conditions, deadlines and procedures for exercising this right.

This information was provided by handing over the General Terms and Conditions of Sale (GTCS) or the draft contract (special and general conditions), which remain attached to this document, as well as by an oral exchange prior to the conclusion of the contract.

By making a reservation, the consumer acknowledges having been informed of all these elements and being able to give free and informed consent to the contract.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the booking) For the attention of :

5A TRANSPORTS, 12 bis chemin Combavas, 97411 Saint-Paul

contact@5a-transports.fr

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below: Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of the consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract without giving any reason within a period of fourteen days.

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify : 5A TRANSPORTS, 12 bis chemin Combavas, 97411 Saint-Paul, Tel: 06 92 37 92 89,contact@5a-transports.fr , of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). You may use the model withdrawal form, but this is not compulsory.

For the withdrawal period to be respected, all you need to do is send your communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will refund all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.

EXTRACTS FROM THE LEGAL TEXTS

Article L. 221-8 of the French Consumer Code

In the case of a contract concluded off-premises, the trader shall provide the consumer, on paper or, subject to the consumer’s agreement, on another durable medium, with the information provided for in article L. 221-5.

This information shall be written in a legible and comprehensible manner.

Article L. 221-9 Consumer Code

The trader shall provide the consumer with a dated copy of the off-premises contract, on paper signed by the parties or, with the consumer’s agreement, on another durable medium, confirming the express commitment of the parties.

This contract includes all the information specified in article L. 221-5.

Where applicable, the contract shall mention the consumer’s express agreement to the supply of digital content independent of any material medium before expiry of the withdrawal period and, in this case, the consumer’s waiver of the right to withdraw.

The contract shall be accompanied by the standard withdrawal form referred to in 2° of Article L. 221-5.

Article L. 221-10 Consumer Code

The trader may not receive any payment or consideration, in any form whatsoever, from the consumer until seven days after the conclusion of the off-premises contract.

Article L. 221-18 Consumer Code

Consumers have a period of fourteen days in which to exercise their right to withdraw from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give reasons for their decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period referred to in the first paragraph runs from the day :

1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;

2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.

In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.