I. GENERAL TERMS & CONDITIONS
1. Introduction
C6 (hereinafter referred to as “OUIBUS” or “BlaBlaBus”) publishes this Website, accessible via the Internet and in the form of a mobile application, on which you can book Seats for bus journeys, which will be provided either by BlaBlaBus or by Coach Operators with whom BlaBlaBus has concluded partnership agreements.
The purpose of these General Terms and Conditions of Use of the Website and of Bookings (“GT&C of Use”) is to regulate access and terms of use for the Website and for booking Tickets. Please read the document carefully. Please be aware that BlaBlaBus may call on different Coach Operators, as indicated in the General Terms and Conditions of Sale for Transport Services (“GT&C of Sale”) available on the Website, for provision of the transport services ordered by its Customers; for this reason the vehicles are not always in BlaBlaBus’s livery.
BlaBlaBus can also offer, in its name and on its behalf as well as in its Partners’ name and behalf, services (the “Ancillary Services”) including:
- A choice of specific seats;
- Vouchers;
- Promotional codes.
The booking conditions for these Ancillary Services are specified in the GT&C of Sale.
2. Definitions
“Agent” refers to a Customer who places an Order for a Passenger as a third party and declares he/she is acting in the name and on behalf of the Passenger, beneficiary of the Services ordered; the Agent acknowledges the status of agent within the meaning of the applicable regulations;
“Ancillary Services” has the meaning given to it in Article 1 above;
“BlaBlaBus” has the meaning given to it in Article 1 above;
“Booking” has the meaning given to it in Article 4 below;
“Booking System” has the meaning given to it in Article 4 below;
“Bus Ad” means an ad concerning a Bus Journey posted on the Website;
“Bus Journey” refers to a Journey by bus or coach;
“Coach Operator” refers to a coach passenger transport company with which BlaBlaBus has concluded a partnership agreement;
“Customer” means any natural person who has purchased, either on his/her own behalf or on behalf of a third party who will be the Passenger, a Ticket via the Website or via the Mobile Application to make a Journey operated by BlaBlaBus or by the Coach Operator;
“Customer account” refers to a possible digital space reserved for the Passenger or possibly an Agent accessible on certain Websites and Mobile Applications by means of an identifier and a code in which information specific to the Passenger (Personal Information, reservations, bank cards, Vouchers, etc.) is stored in order, in particular, to pre-complete the Passenger’s information when placing subsequent Orders;
“General Terms and Conditions of Sale” ( “GT&C of Sale” ) refers to the general terms and conditions of sale of BlaBlaBus or the Partners concerned, depending on the Journey selected by the Customer, and the applicable special conditions, accessible on the Website, which the Customer acknowledges having read before placing an Order;
“General Terms and Conditions of Use” (“GT&C of Use”) refers to these general terms and conditions for use and bookings;
“Journey” refers to the particular itinerary chosen by the Passenger or possibly an Agent and which includes, in whole or in part, one or more route(s);
“Member” refers to any natural person creating a Customer Account on the Website;
“Mobile Application” refers to the application software possibly developed by BlaBlaBus which once in use can offer on a mobile electronic device the same Transport Services and Ancillary Services as those normally offered on a computer via the Website;
“Order” is the transaction by which the Customer reserves Transport Services or Ancillary Services with BlaBlaBus, whatever the means used, (with the sole exception of the case of the purchase of Tickets at a Point of Sale) and which entails the obligation for the Customer to pay the price relating to the relevant Transport Services or Ancillary Services”);
“Partner” has the same meaning as Coach Operator;
“Passenger”: refers to the natural person identified on the Ticket;
“Point of Sale”: refers to the physical counters and terminals listed on the Website and at which the Tickets are offered for sale;
“Price” refers to the price including all taxes, fees and related Service costs, required by BlaBlaBus from the Customer, at the time of validation of the Order, for a Seat on a given Bus Journey;
“Seat” refers to the seat booked by a Passenger on board a vehicle (bus or coach) operated by BlaBlaBus or by a Coach Operator manifested by the issue of a Ticket;
“Services” refers to all the services provided by BlaBlaBus through the Website and the Mobile Application, meaning both Transport Services and Ancillary Services;
“Ticket” means the valid named ticket issued to the Customer, following the Order, constituting proof of the existence of a contract of carriage between the Passenger and BlaBlaBus (or the Coach Operator); said contract is governed by the GT&C of Sale, without prejudice to any additional special conditions stipulated between the Passenger and BlaBlaBus (or the Coach Operator) and referred to on the Ticket;
“Transport Services” refers to the main transport service(s) subscribed by the Passenger and provided by BlaBlaBus or its Partners;
“Website” refers to the Internet site published by BlaBlaBus accessible, depending on the country from which it is accessed, at the addresses indicated in section IV of the present GT&C of Use, “LINKS TO THE WEBSITES AND APPLICATIONS”.
3. Registration on the Website
3.1. Conditions for registration on the Website
Use of the Website is reserved for individuals aged 18 or over. Any registration on the Website by a minor to create a potential Customer account, when this feature is activated, is strictly prohibited. By using or registering on the Website, you represent and warrant that you are 18 years of age or older. The Website allows Passengers to book Bus Journeys. You can check the Bus Journey schedules even if you do not buy Tickets. To access the Website and purchase Tickets, you must have read and accepted these GT&C of Use and the Privacy Policy available on the Website.
3.2. Verification
For the purposes of transparency, improved trust or fraud prevention or detection, BlaBlaBus may set up a system to verify some of the information you may provide on your profile in your Customer Account if applicable. This is notably the case when you provide your telephone number or provide us with identification.
3.3. Use of Website data
The Website is made available for strictly personal and non-commercial purposes. It can only be used to check the availability of Bus Journeys, create a Customer account and/or place Orders. Any use of automatic systems for extracting data from the Website for direct or indirect commercial purposes, in particular with a view to displaying such data, in whole or in part, on another website, is prohibited, except by prior written authorization obtained from BlaBlaBus. BlaBlaBus reserves the right to block access to the Website in the event of a breach of its proper functioning and functionality, in particular by sending corrupted files or viruses, or by a number of operations exceeding normal use, and more generally in the event of a breach of these GT&C of Use, immediately without prior notice and without prejudice to any legal action and claim for compensation.
4. Use of the Transport Services
BlaBlaBus has set up an online seat booking system (“Bookings”) for the Journeys offered on the Website.
4.1. Bus Journeys
BlaBlaBus offers the option to book a Ticket for a Bus Journey on the Website. The Transport Services may be offered by BlaBlaBus in its own name and on its own behalf but also in the name and on behalf of its Partners. The Transport Services are governed by these GT&C of Use and the GT&C of Sale of BlaBlaBus or its Partners concerned, depending on the Journey selected by the Customer; the GT&C of Sale must be accepted by the Customer before placing an Order. BlaBlaBus draws your attention to the fact that it may happen that certain Transport Services offered by its Partners and appearing on the Website are deleted, in particular for reasons of bad weather, seasonal peaks or in the event of force majeure.
4.2. Named Seat Bookings and procedures for bookings made on behalf of a third party
All Journeys are booked in the name of a specific person. However, BlaBlaBus allows Customers to book one or more Seats on behalf of a third party, in this case acting as an Agent. In these circumstances, the Agent undertakes to notify BlaBlaBus and, where applicable, the Partner concerned at the time of Booking, of the exact first name, age and telephone number of the persons on whose behalf he/she is booking a Seat. Please read the relevant GT&C of Sale for the booking conditions for Bus Journeys for Passengers, and more particularly minors, alone or accompanied, and Passengers with reduced mobility before paying for the Order. In addition, the Website is intended for individuals wishing to book Seats. It is therefore prohibited to reserve a Seat for the transport of an object, parcel, animal traveling alone or any other material item.
5. Financial Conditions
The Passenger is invited to refer to the relevant GT&C of Sale (Article “Methods for placing Orders”) in order to find out how Orders are placed and the procedures for paying for Tickets.
6. Exchange and cancellation policies
The Passenger is invited to refer to the relevant GT&C of Sale (Article “Exchange, cancellation and reimbursement conditions”) in order to learn about the conditions of exchange and cancellation of a Bus Journey.
7. Conduct of Website users
7.1. Commitment of all users of the Website
You acknowledge that you alone are responsible for compliance with all laws, regulations and obligations applicable to your use of the Website. In addition, by using the Website and during Journeys, you agree to: (i) refrain from sending BlaBlaBus (in particular when creating or updating your Customer Account or other Coach Operators any false, misleading, deceptive or fraudulent information; (ii) refrain from infringing BlaBlaBus’s rights and image, in particular its intellectual property rights; (iii) refrain from opening more than one Customer Account on the Website and to refrain from opening a Customer Account in the name of a third party; (iv) comply with these GT&C of Use and the Privacy Policy.
7.2. Passenger commitments
During a Bus Journey, the Passenger undertakes to comply with the GT&C of Sale concerned.
8. Personal data
In the context of your use of the Website, BlaBlaBus may collect and process some of your personal data. By using the Website and registering as a Member, you acknowledge and agree to the processing of your personal data by BlaBlaBus in accordance with applicable law and the provisions of the Privacy Policy available on the Website.
9. Intellectual property
9.1. All information and all content on the Website and the Mobile Application once brought into service or the documents transmitted by BlaBlaBus are protected by intellectual property rights and are the property of BlaBlaBus or its Partners. Any act of use of said items, contents or documents not authorized by BlaBlaBus (reproduction, representation, extraction, reuse, etc.), in whole or in part, constitutes counterfeiting and may entail the civil and criminal liability of the perpetrator.
9.2. The license to use the Website and the Mobile Application if available that is granted is limited to access and use for the sole personal use of the Website user. The Website user is not authorized to download or modify all or part of the Website and the Mobile Application without the prior, written and express approval of BlaBlaBus.
9.3. This license does not under any circumstances permit the use, for sale or any other commercial use, of the Website or the Mobile Application if available or of any related content (products listed, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, sound clips, graphics, images, texts, photographs, tools, extraction and reuse of database content).
9.4. The Website and the Mobile Application if available or any part thereof may not be reproduced, copied, sold or used for commercial purposes without our express written permission. It is prohibited to use techniques allowing the copying of a trademark, logo or any other information (in particular images, text, models) owned by BlaBlaBus without the express written consent of BlaBlaBus.
10. Operation, availability and functionalities of the Website
BlaBlaBus will endeavour, as far as possible, to maintain the Website accessible 7 days a week and 24 hours a day. Nevertheless, access to the Website may be temporarily suspended, without notice, due to technical maintenance, migration, updates or due to breakdowns or constraints related to the operation of the networks. In addition, BlaBlaBus reserves the right to modify or interrupt, at its sole discretion, temporarily or permanently, all or part of the access to the Website or its functionalities.
11. Amendment of the GT&C of Use
BlaBlaBus may modify these GT&C of Use in order to adapt them to its technological and commercial environment and to comply with the regulations in force. Any modification of these GT&C of Use will be published on the Website with a mention of the date of update. In case of modification of these GT&C of Use and if you have a Customer Account, BlaBlaBus will, if possible, notify you in advance the Website page that has been updated. The continued access and use of the Web Site after such notification constitutes acceptance of the new GT&C of Use as modified.
12. Languages
These GT&C of Use are written in French. English, German, Polish and Italian versions of the GT&C of Use can be made available on the respective versions of the Website according to the country from which the Website is accessed, for information purposes.
13. Applicable law – Disputes
These GT&C of Use are subject to French law (subject to the mandatory rules of the Customer’s country of residence).
Any dispute relating to these GT&C of Use shall be submitted to the non-exclusive jurisdiction of the competent courts located within the jurisdiction of the Paris Court of Appeal. You may therefore, at your discretion, bring an action to enforce your rights under these GT&C of Use in France or in the country of the European Union in which you reside, pursuant to the rules applicable to the law applicable to consumer relations.
Pursuant to Articles L. 612-1 and L. 616-1 of the French Consumer Code, Passengers are informed that they may refer the matter to the consumer mediator. It is provided that for any dispute of a contractual nature that has not been resolved when processing a complaint previously submitted to our customer service department, you, as a consumer, may obtain mediation free of charge by contacting the Médiation Tourisme Voyage (MTV) BP 80 303 75 823 Paris Cedex 17 (France). The mediator’s platform can be accessed under the following link: http://www.mtv.travel/index.php?page=saisine-du-mediateur
The European Commission also provides an online dispute resolution platform that you can access here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT If you wish to draw our attention to a subject, please contact us via the form available in the “Help” then “Contact” section on the Website.
II. DEROGATIONS BY COUNTRY
- Germany
The provisions of paragraphs 1 and 2 of Article 13 are replaced by the following provisions: These GT&C of Use are subject to French law (subject to the German mandatory rules). You may, at your discretion, bring an action to enforce your rights under these GT&C of Use in France or in the country of the European Union in which you reside, pursuant to the rules applicable to the law applicable to consumer relations.
- Poland
The provisions of paragraphs 1 and 2 of Article 13 are replaced by the following provisions: These GT&C of Use are governed by Polish law. Any dispute relating to these GT&C of Use shall be subject to the non-exclusive jurisdiction of the Polish common courts. You may therefore file a suit to enforce your rights under these GT&C of Use in Poland or in your country of residence in the European Union, in accordance with the rules of law applicable to consumer relations.
- Italy
The provisions of paragraphs 1 and 2 of Article 13 are replaced by the following provisions: These GT&C of Use are subject to French law (subject to the Italian mandatory rules). You may, at your discretion, bring an action to enforce your rights under these GT&C of Use in France or in the country of the European Union in which you reside or you have your domicile, pursuant to the rules applicable to the law governing the consumer relations.
III. LEGAL NOTICES
The Website http://fr.ouibus.com is published by C6, a French simplified joint stock company [société par actions simplifiée] with a share capital of €61.294.000, registered in the Créteil Trade and Companies Register under number 519 037 147, whose registered office is located at 38 rue de ParisSeine – 94400 Vitry-sur-Seine (France), represented by Philippe Bousquet, Director for publication of the Website. Email: [email protected] The Website is hosted on the servers of Claranet, whose registered office is located at 18-20 rue du Faubourg du Temple, 75011 Paris (France). C6 is registered in the register of travel and holiday accommodation agents under the following number: IM094170005 Professional liability insurance is underwritten by: Hiscox Europe Underwriting Limited, 19, rue Louis Le Grand, 75002 Paris (France). For any questions, you can contact C6 using the contact form available in the “Help” then “Contact” section on the Website.
IV. LINKS TO THE WEBSITES AND APPLICATIONS
The following are the links to the websites (subjected to modification) which may be accessed by users to purchase Tickets:
http://fr.ouibus.com http://fr.blablabus.com http://it.blablabus.com http://de.blablabus.com http://pl.blablabus.com
