Applicable as of 24 December 2021 :
Comuto SA (hereinafter referred to as “BlaBlaCar”) has developed a ridesharing platform accessible on a website at the address www.blablacar.co.uk or in the form of a mobile application, and designed (i) to put drivers travelling to a given destination in contact with passengers going in the same direction, in order to enable them to share the Trip and therefore the associated costs, and (ii) to book tickets for bus trips operated by Bus Operators (hereinafter referred to as the “Platform”).
By clicking “Login with Facebook” or “Register with an email address”, you recognise having read and accepted all these general conditions of use.
In this document,
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Advert” means an advertisement about a Trip posted on the Platform by a Driver;
“BlaBlaCar” has the meaning given to it in Article 1 above;
“Booking” has the meaning given to it in Article 4.2 below;
“Booking Confirmation” has the meaning given to it in Article 4.2.1 below;
“Bus Advert” means an advertisement concerning a bus trip posted on the Platform by a Bus Operator;
“Bus Operator” refers to a company professionally transporting passengers which has been authorised by BlaBlaCar to advertise and sell its tickets on the Platform;
“Bus Trip” means the journey subject of a Bus advert on the Platform and for which the Bus Operator proposes seats in the bus vehicles in exchange for the Price;
“Carpooling Advert” means an advertisement concerning a Ride posted on the Platform by a Driver;
“Carpooling Trip” means the journey subject of an Advert published by a Driver on the Platform, and for which he agrees to transport Passengers in exchange for the Cost Contribution;
“Cost Contribution” means, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel costs;
“Customer” means any physical person (Member or not) buying, either for oneself, or on someone else behalf who’s going to be the Passenger, a Bus Ticket through the Platform to realized a Trip carried out by the Bus Operator;
“Driver” means the Member using the Platform, to offer to transport another individual in exchange for the Cost Contribution, for a Trip and at a time defined by the Driver alone;
“Facebook Account” has the meaning given to it in Article 3.2 below;
“GT&Cs of Sale” means the General Terms and Conditions of sale of the concerned Bus Operator depending on the Bus Trip selected by the Customer, and the special terms and conditions, available on the Website, and which have been recognized as read by the Customer before ordering;
“Member” means any individual having created an Account on the Platform;
“Member Content” has the meaning given to it in Article 11.2 below;
“Order” means the operation by which the Customer books his Services with BlaBlaCar Bus, whatever the means used, with the sole exception of the purchase of Tickets directly made at a Point of Sale, and which entails the obligation for the Passenger or possibly an Agent to pay the price relating to the relevant Services;
“Passenger” means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a Seat;
“Platform” has the meaning given to it in Article 1 above;
“Price” refers, for a given Bus trip, the price including all the taxes, fees and costs of relevant services included, paid by the Customer on the Platform, at the moment of the validation of the Order, for a Seat on a given Bus trip;
“Point of Sale” refers to the physical counters and terminals listed on the Website and at which the Tickets are offered for sale;
“Seat” means the seat booked by a Passenger in the Driver’s vehicle or in the vehicle carried out by the Bus Operator;
“Services” means all services delivered by BlaBlaCar via the Platform;
“Service Fee” has the meaning given to it in Article 5.2 below;
“Leg” has the meaning given to it in Article 4.1 below;
“Ticket” means the nominative valid transport title given to the Consumer, following the Booking of a Bus Trip, as proof of the existing transport contract between Passengers and the Bus Operator governed by the GT&Cs of sale, without prejudice to any particular condition additionally stipulated between the Passenger and the Bus Operator and referred to on the Ticket;
“Transport Services” refers to the transport services subscribed by a Bus trip Passenger and provided by the Bus Operator;
“Trip” indistinctively refers to a Bus Trip or a Carpooling Trip;
“T&Cs” means these Terms and Conditions;
“Website” means the website accessible at the address www.blablacar.co.uk.
3. Registration on the Platform and creation of an Account
3.1. Conditions of registration on the Platform
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2. Creation of an Account
The Platform enables Members to post Carpooling Adverts and view Adverts and to interact with each other to book a Seat. You can view the Adverts if you are not registered on the Platform. However, you cannot post a Carpooling Advert or book a Seat without having first created an Account and become a Member.
To create your Account, you can:
- (i) either complete all mandatory fields on the registration form;
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying BlaBlaCar, in order to guarantee its relevance and accuracy throughout your contractual relations with BlaBlaCar.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform BlaBlaCar immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified BlaBlaCar of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
BlaBlaCar may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. BlaBlaCar cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4. Use of the Services
4.1. Posting Adverts
As Member, and providing you fulfil the conditions below, you can create and post Carpooling Adverts on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, amount of the Cost Contribution, etc.).
When posting your Carpooling Advert, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Passengers. The sections of the Carpooling Trip between these milestone cities or between one of these milestone towns and the collection point or destination of the Carpooling Trip constitute “Legs”.
You are only authorised to post a Carpooling Advert if you fulfil all the following conditions:
- (i) you hold a valid driving licence;
- (ii) you only offer Carpooling Adverts for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of ridesharing;
- (iii) you are and remain the main driver of the vehicle subject of the Carpooling Advert;
- (iv) the vehicle has valid third party insurance;
- (v) you have no contraindication or medical incapacity for driving;
- (vi) the vehicle you intend to use for the Trip is a touring car with 4 wheels and a maximum of 7 seats, to the exclusion of cars requiring no licence to drive;
- (vii) you do not intend posting another advert for the same Carpooling Trip on the Platform;
- (viii) you do not offer more Seats than the number available in your vehicle;
- (ix) all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
- (x) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;
- (xi) you are a consumer and do not act as a professional.
You recognise that you are solely responsible for the content of the Carpooling Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Carpooling Advert, and you undertake to fulfil the Trip under the conditions described in your Carpooling Advert.
Your Carpooling Advert will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of BlaBlaCar’s partners. BlaBlaCar reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Carpooling Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You are informed that in the event that you present yourself as a consumer by using the Platform when in fact you act as a professional, you are exposed to sanctions provided by the applicable law.
4.2. Booking a Seat when carpooling
BlaBlaCar has set up a system for booking Seats online ( “Booking”) for Trips offered on the Platform.
The methods of booking of a Seat depend on the nature of the Trip envisaged.
BlaBlaCar provides to users on the Platform a search engine based on different search criteria (Place of origin, destination, dates, number of travelers, etc.). Certain additional functionalities are provided on the search engine when the user is connected with his/her Account. BlaBlaCar invites the user, regardless of the booking process used, to carefully consult and use the search engine to determine the offer that is most adapted to his/her needs. The Customer, booking a Bus Trip on a Point of Sales can also ask the Bus Operator or the desk agent to do the search.
4.2.1 Carpooling Trip
When a Passenger is interested in a Carpooling Advert benefiting from Booking, he may make an online Booking request. This Booking request is either (i) accepted automatically (if the Driver chose this option when posting his Advert), or (ii) accepted manually by the Driver. At the time of the Booking, the Passenger makes the online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by BlaBlaCar and validation of the Booking request by the Driver, where applicable, the Passenger receives a Booking confirmation (the “Booking Confirmation”).
If you are a Driver and have chosen to handle manually the Bookings requests when posting your Advert, you are required to respond to any Booking request within the timeframe specified by the Passenger during the Booking request. Otherwise, the Booking request will expire automatically and the Passenger shall be refunded all sums paid at the time of the Booking request, if any.
At the time of the Booking Confirmation, BlaBlaCar will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver), if the Member agreed to display his/her phone number. You are then solely responsible for executing the contract binding you to the other Member.
4.2.2 Bus Trip
For Bus Trips, BlaBlaCar enables the Booking of Bus Tickets for a given Bus Trip through the Platform.
The Transport Services are governed by the GT&C of Sale of the relevant Bus Operator, depending on the Trip selected by the Customer, which must be accepted by the Customer before placing the order. BlaBlaCar does not provide any transport services with regards to Bus Trips, the Bus Operators are solely party to the GT&Cs of Sale. You recognize that the booking of Seats for a given Bus Trip is subject to the GT&Cs of Sale of the relevant Bus Operator.
BlaBlaCar draws your attention to the fact that certain Transport Services offered by the Bus Operator and mentioned on the Website may be withdrawn, in particular for climactic reasons, seasonal pic, or in the event of force majeure.
Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to BlaBlaCar and the other Members participating in the Carpooling Trip or to the Bus Operator, where applicable.
However, BlaBlaCar allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking, the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone for a Carpooling Trip. In the case where you are reserving a seat Carpooling Trip for a minor over the age of 13 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
In addition, the Platform is intended for the booking of Seats for individuals. It is forbidden to book a Seat for transporting any object, package, animal traveling alone or material items whatsoever.
Furthermore, it is prohibited to publish a Carpooling Advert for a Driver other than you.
4.3. Review system
BlaBlaCar encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposed to travel.
Your review, and the review left by another Member about you, if any,, are only visible and published on the Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 14 days following the first review.
You have the option of responding to a review that another Member has left on your profile. The review and your response, where applicable, will be published on your profile.
You recognise and accept that BlaBlaCar reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
BlaBlaCar reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.
5. Financial conditions
Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the Booking is charged under the conditions described below.
5.1. Cost Contribution and Price
5.1.1 In the event of Carpooling trip, the Cost Contribution is determined by you, as Driver, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Carpooling Trip. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the Platform.
When you post a Carpooling Advert, BlaBlaCar will suggest an amount of for the Cost Contribution, which notably takes account of the nature of the Carpooling Trip and the distance travelled. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the costs you actually incur on the Carpooling Trip. To avoid abuse, BlaBlaCar limits the possibility of adjustment of the Cost Contribution.
5.1.2 Regarding the Bus Trip, the Price per Seat is defined at the Bus Operator sole’s discretion. The Customer is invited to refer to the relevant GT&Cs of Sale to understand applicable modalities with regards to Ticket order placement and payment modalities.
5.2. Service Fees
BlaBlaCar, in exchange for use of the Platform, at the time of Booking shall collect service fees (hereinafter referred to as the “Service Fees”). The user will be informed before any application of the Service fees, when required. The methods of calculation of the Service Fees in force that can be found here are provided for information purposes only and do not have contractual value. BlaBlaCar reserves the right to modify at any time the methods of calculation of the Service fees. These modification will not affect the Service Fees accepted by users before the date of entry in effect of these modifications.
In the case of cross-border journeys, please note that the methods of calculation of the amount of the Service Fees and the applicable VAT vary according to the collection point and/or destination of the Trip.
When using the Platform for cross-border trips or out of the United Kingdom, the Service Fees may be charged by an affiliate company of BlaBlaCar operating the local platform.
You recognise and accept that BlaBlaCar may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
5.4. Methods of payment and repayment of the Cost Contribution to the Driver or the Price to Bus Operators
5.4.1. Collection mandate
In using the Platform as Driver for Carpooling Trips, you confer on BlaBlaCar a collection mandate for the Cost Contribution in your name and on your behalf.
Consequently, in the context of a Carpooling Trip, and after manual or automatic acceptance of the Booking, BlaBlaCar shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).
The Cost Contributions received by BlaBlaCar are deposited in an account dedicated to payment of the Drivers.
You recognise and accept that none of the sums received by BlaBlaCar in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of BlaBlaCar, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, BlaBlaCar may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
5.4.2. Payment of the Cost Contribution to the Driver
After the Trip, the Passengers shall have a period of 24 hours to submit a claim on the Trip to BlaBlaCar. In the absence of claim of the Passengers within this period, BlaBlaCar shall consider the Trip confirmed.
From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger.
When the Carpooling Trip is confirmed by the Passenger, you have the option, as a Driver, of giving instructions to BlaBlaCar to pay the money to your bank account (by entering your bank details in advance in your Account) or your PayPal account (by entering your PayPal email address in advance in your Account).
The payment order in your name will be sent on the first working day after your request or, if you do not so request, within 15 days of provision of the sums in question to your profile (providing BlaBlaCar has your bank information).
At the end of the applicable time limitation periods, any sum not claimed from BlaBlaCar shall be deemed to belong to BlaBlaCar.
5.4.3 Payment of the Price
Payment for any Order made through the Platform is made by one of the means authorized below. The Customer has the option of saving the information relating to one or more credit cards in his/her Customer Account so that he or she does not have to systematically enter this information when making subsequent payments.
The means of payment can vary depending on the BlaBlaCar platform you use. The authorized means of payment are as follows:
- Credit card
No Order confirmation shall be issued before the full and effective payment of the price of the Transport Services selected by the Customer. If the payment is irregular, incomplete or not made for any reason attributable to the Customer, the Order shall be cancelled immediately.
The Order is confirmed by sending an e-mail to the Customer containing the details of the Order.
The Passenger is invited to check the settings for the inbox of his/her e-mail address and in particular to ensure that the confirmation e-mail is not sent directly to Spam.
Confirmation of the Order is final. Consequently, any changes will result in either an exchange or cancellation under the conditions of the applicable GT&Cs of Sales. It is the responsibility of the Customer to ensure that the Transport Services are chosen in accordance with the Passenger’s needs and expectations. The accuracy of the Personal Information entered by the Customer is the responsibility of the latter except in the event of BlaBlaCar proven failure to collect, store or protect such Personal Information.
6. Non-commercial and non-business purpose of the Services and the Platform
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Carpooling Trip with you or to book a Seat in the context of a Bus Trip.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs) notably by referring to the applicable tax scale.
BlaBlaCar reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to BlaBlaCar, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
BlaBlaCar also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to BlaBlaCar that you are generating a profit on the Platform.
7. Cancellation policy
7.1. Terms of repayment in the case of cancellation
Only Carpooling Trips are the subject of this cancellation policy; BlaBlaCar does not offer any guarantee, of any nature, in the case of a cancellation for any reason. In the context of Bus Trip, the cancellation policy is subject to the GT&Cs of Sale of the Bus Operators. The customer is invited to refer to the relevant GT&Cs of Sale to acknowledge the conditions of exchanges and cancellation of his/her Bus Trip.
The cancellation of a Seat on a Carpooling Trip by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:
In the case of cancellation owing to the Driver, the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Driver cancels a Carpooling Trip or has not arrived at the meeting point 15 minutes after the agreed time;
In the case of cancellation owing to the Passenger:
- If the Passenger cancels more than 24 hours before the planned departure time as mentioned in the Carpooling Advert, the Passenger shall only be refunded the Cost Contribution. The Service Fees are retained by BlaBlaCar and the Driver does not receive any sum of any nature;
- If the Passenger cancels 24 hours or less before the planned departure time as mentioned in the Carpooling Advert, and more than thirty minutes after the Booking Confirmation, the Passenger shall be refunded half the Cost Contribution paid at the time of Booking, the Service Fees are retained by BlaBlaCar, and the Driver receives 50% of the Cost Contribution;
- If the Passenger cancels 24 hours or less before the planned departure time, as mentioned in the Carpooling Advert, and thirty minutes or less after the Booking Confirmation, the Passenger is refunded the whole of the Cost Contribution. The Service Fees are retained by BlaBlaCar and the Driver does not receive any sum of any nature;
- If the Passenger cancels after the planned departure time as mentioned in the Carpooling Advert, or if he has not arrived at the meeting place 15 minutes after the agreed time, no refund shall be issued. The Driver shall be compensated with the whole of the Cost Contribution and the Service Fees are kept by BlaBlaCar.
When a cancellation occurs before departure and owing to the Passenger, the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these T&Cs.
BlaBlaCar appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the refund requests.
7.2. Right of withdrawal
You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and BlaBlaCar consisting of putting you in contact with another Member has been fully executed.
8. Behaviour of users of the Platform and Members
8.1. Undertaking of all users of the Platform
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips, you undertake:
- (i) not to use the Platform for professional, commercial or profit-making purposes, if you are not a Bus Operator;
- (ii) not to send BlaBlaCar (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
- (iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of BlaBlaCar or a third party or contrary to good morals;
- (iv) not to infringe the rights and image of BlaBlaCar, notably its intellectual property rights;
- (v) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
- (vi) not to try to bypass the online booking system of the Platform, notably by trying to send another Member or a Bus Operator your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
- (vii) not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the ridesharing;
- (viii) not to accept or make payment outside of the Platform;
8.2. Undertakings of the Drivers
Furthermore, when you use the Platform as Driver, you undertake:
- (i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Carpooling Trip and to be in possession of a valid driving licence;
- (ii) to check that your insurance covers ridesharing and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance;
- (iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
- (iv) to post Carpooling Adverts corresponding only to Trips actually planned;
- (v) to make the Carpooling Trip as described in the Advert (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
- (vi) not to take more Passengers than the number of Seats indicated in the Carpooling Advert;
- (vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;
- (viii) to communicate to BlaBlaCar or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
- (ix) in the case of holdup or change to the time or the Carpooling Trip, to inform your Passengers without delay;
- (x) in the case of a cross-border Carpooling Trip, to hold and keep available to the Passenger and any authority that may so request any document evidencing your identity and your right to cross the border;
- (xi) to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
- (xii) not to post a Carpooling Advert relative to a vehicle you do not own or that you are not authorised to use for the purposes of ridesharing;
- (xiii) to ensure you can be contacted by your Passengers by phone on the number registered on your profile;
- (xiv) not to generate any profit via the Platform;
- (xv) not to have any contraindication or medical incapacity for driving;
- (xvi) to behave appropriately and responsibly during the Carpooling Trip, and in compliance with the spirit of ridesharing.
8.3. Undertakings of the Passengers
8.3.1 For Carpooling Trip
When you use the Platform as Passenger of a Carpooling Trip, you undertake:
- (i) to adopt appropriate behaviour during the Carpooling Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
- (ii) to respect the Driver’s vehicle and its cleanliness;
- (iii) in the case of holdup, to inform the Driver without delay;
- (iv) to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
- (v) to communicate to BlaBlaCar, or any Driver who so asks, your identity card or any document evidencing your identity;
- (vi) not to carry during a Carpooling Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;
- (vii) in the case of a cross-border Carpooling Trip, to hold and keep available to the Driver and any authority that may so request any document evidencing your identity and your right to cross the border;
- (viii) to ensure you can be contacted by your Driver by phone on the number registered on your profile, including at the meeting point.
In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the stipulations of this article, and generally these T&Cs. BlaBlaCar reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.
8.3.2 For Bus Trip
In the context of Bus Trip, the Passenger commits to comply with the GT&Cs of Sale of the relevant Bus Operator.
9. Suspension of accounts, limitation of access and termination
You can terminate your contractual relations with BlaBlaCar at any time, without cost and without reason. To do this, simply go to the “Close account” tab of your Profile page.
In the event of (i) breach by you of these T&Cs, including but not limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if BlaBlaCar has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, BlaBlaCar reserves the right to:
- (i) terminate the T&Cs binding you with BlaBlaCar immediately and without notice; and/or
- (ii) prevent the posting of or removing any review, Advert, message, content, Booking request, or any content posted by you on the Platform; and/or
- (iii) limit your access and your use of the Platform; and/or
- (iv) temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measures in order to enable you to give explanations to BlaBlaCar. BlaBlaCar will decide, at its sole discretion, whether or not to lift the measures put in place.
10. Personal data
11. Intellectual property
11.1. Content published by BlaBlaCar
Subject to the contents provided by its Members, BlaBlaCar is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
BlaBlaCar grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of BlaBlaCar. Notably, you are prohibited from:
- (i) reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by BlaBlaCar;
- (ii) decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;
- (iii) extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.
11.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant BlaBlaCar a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable BlaBlaCar to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise BlaBlaCar, for the whole world and throughout the duration of your contractual relations with BlaBlaCar, to reproduce, represent, adapt and translate your Member Content as follows:
- (i) you authorise BlaBlaCar to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
- (ii) you authorise BlaBlaCar to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
12. Role of BlaBlaCar
The Platform constitutes an online mobility platform on which the Members can create and post Carpooling Adverts for Carpooling Trips for the purposes of ridesharing. These Carpooling Adverts can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform. The Platform also allows the Booking of Seats for Bus Trips.
In using the Platform and in accepting these T&Cs, you recognise that BlaBlaCar is not party to (i) any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip (ii) nor to any agreement concluded between you and a Bus Operator.
BlaBlaCar has no control over the behaviour of its Members, the Bus Operator and their agents, and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.
You recognise and accept that BlaBlaCar does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of cridesharing intermediary, BlaBlaCar does not provide any transport service and does not act in the capacity of carrier; the role of BlaBlaCar is limited to facilitating access to the Platform.
In the context of Carpooling Trips, the Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, BlaBlaCar cannot be held liable for the effective occurrence of a Trip and notably owing to:
- (i) erroneous information communicated by the Driver or the Bus Operator in his Advert, or by any other means with regard to the Trip and its terms,
- (ii) cancellation or modification of a Trip by a Member or by a Bus Operator;
- (iii) the behaviour of its Members during, before or after the Trip.
13. Operation, availability and functionalities of the Platform
BlaBlaCar shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, BlaBlaCar reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
14. Modification of the T&Cs
These T&Cs and the documents integrated by reference express the entire agreement between you and BlaBlaCar relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
BlaBlaCar may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by BlaBlaCar before it takes effect.
15. Applicable law – Dispute
These T&Cs are written in English and subject to English law.
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified BlaBlaCar in writing of any dispute in order to obtain an amicable solution.
16. Legal notices
The Platform is published by Comuto SA, limited company with a share capital of 154. 912, 392 euros registered with the Companies Register of Paris under number 491.904.546 (intra-Community VAT number: FR76491904546), with its registered office at 84, avenue de la République, 75011 Paris (France), represented by its CEO Nicolas Brusson, Website Publication Director.
The Website is hosted on servers of Google Ireland Limited based in Gordon House, Barrow Street, Dublin 4 (Ireland).
Comuto SA is registered in the Travel and stay Operators register under the following number :IM075180037
The financial guarantee is provided by : Groupama Assurance-Crédit & Caution, 8-10 rue d’Astorg, 75008 Paris – France.
The professional civil liability insurance is subscribed to: Hiscox Europe Underwriting Limited, 19, rue Louis Le Grand, 75002 Paris – France.
Comuto SA is registered in the Insurance Intermediary, banking and finance register under the registered number (Orias) 15003890.
For any question, you can contact Comuto SA using this contact form.