NOTE TO ALL USERS OF THE WEBSITE BLACK ROYAL BEAR
Important – Note to all users of the website Black Royal Bear:
Please carefully read the following General Conditions of Use. They define the terms of use between the User and Black Royal Bear (hereinafter Black Royal Bear). By clicking the accept button «I have read and understood these conditions and accept them without reservation» you are agreeing to the General Conditions of Use. Prior to any use of the services of Black Royal Bear, you declare to be at least 18 years of age and allowed to use the website. You agree to provide truthful and accurate information about yourself. Any speculative, false or fraudulent usage of this website is forbidden. By entirely or partially using the services provided by Black Royal Bear through the website www.blackroyalbear.com, you agree to be bound by these General Conditions of Use and act within the limits of liability of Article 6. You accept that the General Conditions of Use have the same force and effect as any other written document that you have signed. If you disagree with the terms of these General Conditions of Use, you are not authorized to access the services provided by the website www.blackroyalbear.com. Black Royal Bear has the right to change and update these General Conditions of Use to follow new developments in legislation. It is your responsibility to consult these General Conditions of Use to stay informed of any changes.
1. DEFINITIONS
1.1. THE CARRIER refers to the company Black Royal Bear as a company specializing in urban and long-distance transportation providing users with chauffeur-driven cars for one or more rides made available on demand.
1.2. DRIVER refers to the driver(s) of the vehicle(s) that belongs to the Carrier and servers to perform rides and tasks requested by the User for whom the Driver has been chosen.
1.3. ORDER refers to any driver booking made by the User.
1.4. RIDE refers to means of a journey undertaken by a driver in return for payment on behalf of a User within the authorised website.
1.5. INSTANT RIDE refers to any ride requested by a User within the technical requirements stated by Black Royal Bear. A ride is called «Instant» when it is requested at least thirty (30) minutes but not later than twelve (12) hours before the scheduled pick-up time.
1.6. PRE-BOOKED RIDES refers to any ride that was requested by the Client on the Black Royal Bear platform as an «advance» ride at least twelve (12) hours before the scheduled pick-up time.
1.7. CUSTOMER DATABASE refers to any User data necessary for the proper operation of the Black Royal Bear platform.
1.8. CONFIRMATION FORM refers to any act of communication between the User and Black Royal Bear performed to express the User's wish to book a ride.
1.9. IDENTIFIER refers to any access code and/or password chosen by the User that allows the User to identify themselves, enter their account details (a mandatory procedure required to place an order) and to use the website in accordance with these Conditions.
1.10. PROVISION refers to a booking of a driver for a certain number of hours and with a limited number of kilometres per hour generated from fees in the form of separate charges.
1.11. CANCELLATION PENALTIES refers to any compensation from the User requested by the Driver in the event of a driver cancelling or the amount reserved by the User and specified in the pricing conditions written by the Carrier to which the selected driver relates.
1.12. LATE DELIVERY PENALTIES refers to any compensation requested from the User by the Driver in the event of delay on the part of the User and to the amount specified in the pricing conditions written by the Carrier to which the selected driver relates.
1.13. GUARANTEED PUNCTUALITY refers to any compensation requested by the User from the Carrier in the event of a driver running late and to the amount specified in the pricing conditions written by the Carrier to which the selected driver relates.
1.14. BLACK ROYAL BEAR PLATFORM refers to application software, connection software, databases, methods, procedures or any other element whose intellectual property rights are held by Black Royal Bear. These elements ensure the proper functionality of the website and its services.
1.15. BOOKING refers to the confirmation of a ride made by the User of the website.
1.16. SERVICE refers to a service provided by Black Royal Bear free of charge for the User that includes finding, on behalf of the User, a driver available at the request of the customer in a specific area and connecting them with each other through the provision of a company car.
1.17. SITE refers to the domain and sub-domain name www.blackroyalbear.com, as well as to the website and its infrastructure developed by Black Royal Bear in an electronic format using different kinds of elements, such as texts, sounds, still or moving images, videos and databases exclusively intended for the User to consult.
1.18. SMS refers to any text message sent to a mobile phone or a smartphone.
1.19. USER refers to any user who is a natural person living in Metropolitan France or abroad registered on the Black Royal Bear website who browses, reviews, places orders or books drivers on the platform created by Black Royal Bear or through the website www.blackroyalbear.com or through any other communication channel (smartphones, the rental car counter, contracts with third parties, etc.).
1.20. VEHICLE(S) refers to a passenger car(s) offered by the Carrier intended for the purposes of this platform, carried out in accordance with descriptions available on this website.
2. GENERAL PROVISIONS – SCOPE OF APPLICATION
2.1. Black Royal Bear services shall be governed solely by these General Conditions of Use, with an exclusion of all other documents, such as leaflets, catalogues, documents issued by Black Royal Bear given for general informational purposes only and providing only general guidance.
2.2. By placing an order through our site, you accept the General Conditions of Use, notwithstanding any provision to the contrary in any other document.
2.3. This offer is reserved exclusively for individuals and/or professionals and natural persons who do not act on behalf of third parties. Therefore, any person booking a ride or placing an order on the website Black Royal Bear agrees to use the website for their own intentions both in their personal lives and in their career. The User must not use the website either for commercial purposes or as a booking service, or for illegal purposes, or in a manner that causes harm to Black Royal Bear or its partners, distributors, service providers and other clients.
3. ORDER – VALIDATION
3.1. The User declares having familiarized themselves with the General Conditions of Use. The User thereby accepts that all riders and orders are governed by these conditions. A validation of every order is, therefore, implies an acceptance of the present conditions.
3.2. Instant Ride: In order to book an Instant Ride, the User must make the following steps on the website: The user specifies the requirements for the next ride, especially its time, date and route. Moreover, it is up to the User to choose the Driver based on their requirements. The user specifies the distance, the vehicle type, the day and pickup time, and the time period between the booking time and the pickup time. Black Royal Bear immediately performs an analysis of all available drivers in the specified area and the surrounding areas and sends all available drivers in that area an alert on their mobile phone. After that Black Royal Bear offers the User on the website the list of all available drivers who have responded to the alert to make the final choice. However, the User is not obliged to choose a driver from the list and can refuse the order by leaving the website. As soon as the User chooses the driver, the User must send a confirmation email to driver@blackroyalbear.com and specify their choice. Once these formalities are completed, an SMS with the details of the order will be sent to the User.
3.3. Pre-Booked Rides: As a part of a pre-booked ride, the User of the Black Royal Bear website should follow the process that is almost identical to that stated in the section 3.2. Moreover, Drivers do not need to respond to customers using their phone. Drivers who meet the requirements of the Client are offered, and the Client can choose the vehicle type for their ride: Mercedes Class C, Mercedes Class E, Mercedes Class S or Mercedes Class V.
3.4. Orders which the Client places according to the sections 3.2 and 3.3 of these conditions cannot be properly registered on the Black Royal Bear website if the User has not properly identified themselves. Upon registration on the website, the User must enter their contact details, especially the following mandatory data: salutation, first name, second name, full home address, email and mobile phone numbers, so that Black Royal Bear can send you a confirmation SMS and email, and the Driver can contact the Client at the specified meeting point.
3.5. When the User taps the «Confirm the booking» button, they will then view the order-summary with all important information.
3.6. The contact information is provided in Russian, English and French as a subject of confirmation provided to the user prior to the ride. Black Royal Bear reserves the right to cancel or refuse any order from a Client (i) if their profile does not meet the requirements stated in the sections 2.2 and 2.3 of these conditions, (ii) if some paying issues on a previous order remain unsolved, (iii) if the User has not accepted the General Conditions of Use.
3.7. The User must get in the car immediately upon the arrival at the address that has been agreed upon previously. If the Client is not present at the agreed time, the Driver is allowed to leave the agreed location after trying to contact the User.
4. RATES
4.1. The ride or the order is sold by the Carrier to the Driver in accordance with the rate that was used on the selling day. Indicated prices are in Euros and include all taxes (10% VAT on transport services and 20% on ancillary services). Any changes to VAT rates can result in changes to rates for rides and orders.
4.2. The price of the ride or order on the website acts as a rough guide at the moment of placing an order (hereinafter the «Indicative Price») and is, therefore, a subject to change given the current circumstances of the ride or the order (for example, and not limited to, due to schedule changes and route changes, etc.).
The order process on the website allows the User to verify details of the ride and its Indicative Price prior to placing an order.
As soon as the User accepts the order according to the process described in the section 3.6, the order is considered closed and definite.
Any confirmed order implies the acceptance of the Indicative Price, the Black Royal Bear's price list and ride or order details.
Moreover, it is stated that:
In regard to rides:
The User pays the final price for a single ride for a single route;
The final price of a single ride depends on the route and the price list of the Carrier. The geographical area also plays a role in determining the final rate, with an extra 20€ fee per ride booked between 8 pm and 6 am;
Regarding the orders:
The User chooses the period of time when the cab is exclusively reserved for them;
The Final Price varies depending on the time of the day and the current price list of the Carrier and can be reviewed based on the time, day and the time period between the booking time and the pickup time.
4.3. Upon cancellation of a ride or an order or in case of absence at the initial pickup place at the time and day agreed beforehand, a Cancellation Penalty may be applied to the User. It corresponds to the % of the total price of the ride or the order.
5. PAYMENT AND SECURITY TERMS
5.1. The payment of the Indicative Price must be done before the beginning of the ride. The user can choose to make a bank transfer to Black Royal Bear or pay for the ride in the car using a credit card BEFORE the ride begins.
6. LIABILITY AND WARRANTY LIMITATIONS
6.1. The website is used to provide a User and a Driver with an estimated travel time, which is based on average times and cannot be in any way or form be a responsibility of Black Royal Bear. When it comes to lengthy rides, as well as transfer to/from railway stations and airports, the User must take necessary precautions to minimize the consequences of traffic jams. Once again, Black Royal Bear cannot be held responsible for any consequences of traffic jams.
Therefore, any photos, schemes, or drawings illustrating the work of Drivers and the Carrier, as well as any text published on the website, are provided for illustrative purposes only and do not fall within the scope of the contract (especially because of the possible differences between the vehicles, as their colors and certain details depend strongly on the lighting available during the photo shoot).
The information submitted by the User in order to place an order is the sole commitment of the User. In the event of an error in the User's details (especially in the name, family name, street number and name, postal code, city name, telephone number or email address), Black Royal Bear cannot be held responsible for any difficulty regarding service delivery or inability to cancel the ride.
6.2. Black Royal Bears shall check the availability of the Driver. Black Royal Bear makes the best effort to quickly find an available Driver who fits the requirements. Therefore, Black Royal Bear is only bound by an obligation of means. Black Royal Bear cannot be held responsible for the unsuccessful search for the Driver when none of the Drivers is available, even if an Instant Ride described in the section 3.3 is ordered.
6.3. Black Royal Bear defines the guarantees and conditions of service regarding sales, transportation and insurances.
6.4. Black Royal Bear cannot be held responsible for any interference in the workflow by the third party and any negative consequences this interference may cause.
6.5. Even though Black Royal Bear tries its best to deliver the most flawless performance and ensure continuity and quality of the provided services, it cannot, however, be held responsible for any damages or disadvantages inherent in the use of the Internet network, including connection interruptions and the presence of viruses. Thus, Black Royal Bear bears no obligations of means.
The User agrees to accept the limitations and characteristics of their network and recognizes the following:
- Black Royal Bear cannot be held responsible for limitations of Internet speed or other technical issues, as well as inabilities to place an order due to technical difficulties,
- it is important to have an understanding of the network, especially technical performance of Internet paths and response times required to send, proceed or transfer information,
- it is up to a User to take necessary measures to protect their own data, software, and/or equipment from malicious software, security breaches or any other software that can alter or damage the User's hardware or software.
Black Royal Bear cannot guarantee, however, that the website will function in any operating environment without interruptions and/or errors, and that all errors can be fixed. At the same time, Black Royal Bear cannot be held responsible for the non-availability or poor availability of the website due to the use of inappropriate equipment, problems with the User's Internet access and for any other problem outside of the Black Royal Bear platform.
Black Royal Bear has the right to modify, change, temporarily or permanently prevent interaction with the website or some of its elements, especially for the following reasons: maintenance, updates, internal improvements, and changes to content and/or layout. Black Royal Bear does not provide any compensation of any kind for these interruptions.
The Black Royal Bear website can contain links to third-party websites. Black Royal Bear has no control whatsoever over these websites and takes no responsibility for their content or provided services. However, it can remove these links if the content posted on these websites infringes the rights of a third party.
7. INFORMATION REGARDING THE RIGHT OF WITHDRAWAL
7.1. In line with the provisions of Article L. 121-20-4 of the French Consumer Code and considering that the Carrier operates within the transportation industry, the User does not have the right of withdrawal either by means of the Carrier or by means of the Driver.
8. FORCE MAJEURE – FAILING AN AGREEMENT BETWEEN THE PARTIES OR UNFORESEEABLE AND UNAVOIDABLE ACTS
8.1. Black Royal Bear cannot be held responsible if the performance of the contract is delayed or cancelled as a result of force majeure or in case of unforeseeable circumstances as defined by legal provisions and case law, and especially in the following events: computer or telecommunication failure that restricts the availability of online services, strike, riots, poor weather conditions, traffic accidents that disrupts the traffic flow, and traffic jams of an unusual magnitude. Black Royal Bear cannot be and will not be responsible for failures to perform or improper performance provided that failure to perform or improper performance is attributable to the fault of a third party.
9. INTELLECTUAL PROPERTY
9.1. Black Royal Bear exclusively owns all rights, titles and interests on the Black Royal Bear platform, website, Security Codes, Identifiers and Services. The Client agrees to acknowledge and accept that owner rights and copyright, including but not limited to industrial and intellectual property, brands, patents, designs, models, know-how, ideas, trade secrets, concepts and inventions covered or not covered by the applicable law regarding identifies, security codes, the Black Royal Bear platform, its services and the website, including but not limited to any modification, improvement, update or change, related content, designs and concepts are reserved for Black Royal Bear. If any content, design or element offered by the Client is accepted and used by Black Royal Bear on its platform, the Client agrees to transfer all rights to Black Royal Bear and accept the fact that Black Royal Bear is the sole owner of all rights, titles or interest that may relate to the provided content. The Client agrees to follow the trademark law and keep the trademark and/or any other element of Black Royal Bear on the platform. Besides, the Client agrees to refrain from any illegal behaviour towards Black Royal Bear. The terms «Order», «Reserve» and «Confirm» refer to the right of the Client to use the Black Royal Bear platform but not to perform actions that can result in the breach of intellectual or property rights regarding Security Codes, Identifiers, the Black Royal Bear platform, Services or the website, as well as avoid any commercial or industrial exploitation.
9.2. It is important to note that the Black Royal Bear platform, its services and the website are the property of Black Royal Bear. They are protected by the International copyright law, as well as other applicable legislations. All rights are reserved for Black Royal Bear, especially the following ones: the platform, services, the website, concepts, text, photos and images, sounds and audible content, including its unique and innovative characteristics, information systems development, HTML/source code or any other intellectual property that is protected by the law, including images, logos, texts, website structure, colour codes, ergonomics, fonts, graphics, screen design, page background and the visual identity of the website in general, including sounds and/or brands. Every element is owned and used by Black Royal Bear without limitations. Any violation of the intellectual property rights of Black Royal Bear or its partners and/or advertisers can result in legal proceedings.
9.3. The Client who owns a website and wants to post a hyperlink to the Black Royal Bear website for personal use must first contact and get a written permission from Black Royal Bear.
10. LEGAL INFORMATION – FRENCH DATA PROTECTION ACT – COOKIES
10.1. An asterisk and a side note «all blanks must be filled» marks all mandatory fields required to send an Order form. Black Royal Bear follows all laws and regulations regarding French Data Protection Act, as well as privacy of User's personal information. It requires only basic information that is used to process orders, improve and personalize communications with the User and increase the quality of Services, in particular by sending newsletters, personalized offers and messages. All new information collected by Black Royal Bear goes to a separate Client File, unless the Client is already known as the customer and has completed the first order. Otherwise, personal information will be added to the file.
10.2. The Black Royal Bear website follows the current and applicable French and European laws and regulations regarding data protection practices and works under the National Commission on Computer Technology and Freedom (CNIL) as of number ***.
10.3. The French Data Protection Act of 6 January 1978, changed on August 6th, 2004, sets the rules for personal data protection of a natural person. According to the Act, any Client has the right to access, change, delete or view any data related to them at any given moment. In order to do this, the Client can take one of the following measures:
- contact us by calling 06.46.58.98.29
- send us a message via driver@blackroyalbear.com
- send your message by mail to the following address: Black Royal Bear, 7 Rue Aimé Morot, 75013 PARIS.
10.4. Cookies: The Black Royal Bear website has the right to automatically collect personal information by using «cookies», which allow to track User behaviour on the website. This helps to identify the sections of the website that are viewed more often and analyze the duration of every visit. Cookies do not allow Black Royal Bear to identify the client. At the same time, they record information related to your browsing history during your stay on the website in order to analyze user-defined session parameters. Thanks to Cookies, the Black Royal Bear website can process your requests and maintain the properly functioning website. The Black Royal Bear website uses Cookies to collect the Client's contact information during your stay on the website, so that you no longer need to enter it again (this is an optional feature and you can change your contact details at any time). It is important to note that Cookies are vital for personalizing your interactions with the website and providing you with the best experience every time you open the website. Black Royal Bear automatically collects and stores log files with the following personal information: IP address, your browser of choice, Internet provider, most viewed and landing pages, operating system, current date/time and navigation sequence. Black Royal Bear uses this information to analyze client behaviour, manage the website, monitor user activity on the website and collect demographic information about its clients. Black Royal Bear does not use Cookies to directly contact the Client unless the opposite is specified. The shelf life of the log file on your device is twelve months. You can always delete the file or disable Cookies or regularly receive information about Cookies by changing the settings of your browser: go to the «Control Panel», «Settings», and «Security». Black Royal Bear kindly recommends you to go to the «Help» category of your internet browser to learn more about changing settings.
11. SIGNATURE – EVIDENCE – RECORD KEEPING AND TRANSACTION FILING
11.1. In any case, the final validation of an order acts as a proof of completeness of the said order exercised in accordance with the legal provisions of the law of 30 March 2000 and as a cause for immediate collection of the entire amount for the ride or the order.
11.2. This formal validation as well as the signature of all the appropriate agreements is carried on the website.
11.3. Computerized records stored in Black Royal Bear's servers kept under proper security are used as the evidence of the communications and the orders that have happened between the parties. They also meet the requirements of Article L. 121-20-4 of the French Consumer Code.
11.4. Archiving internal orders as well as invoices is carried out in a reliable and responsible manner in order to follow the current and applicable form of Article 1316 of the Civil Code.
12. DURATION – VARIOUS PROVISIONS
12.1. These General Conditions of Use cover each and every online service provided by Black Royal Bear.
12.2. No delay or omission by you in exercising any right or remedy specified by the aforementioned conditions shall operate as a waiver of that or any other right or remedy. It shall not relieve the Client from compliance with such obligations. If any part of these conditions is deemed invalid, it will be held invalid, but the remaining provisions shall remain in full force, unless all involved parties agree to enforce the invalid part in good faith. Unless specified otherwise, all changed conditions automatically come into full force after they are posted on the website, and the Client is notified of these changes by email.
13. DISPUTES AND APPLICABLE LAW
13.1. The present General Conditions of Use are subject to French law.
13.2. Any dispute that may arise between all involved parties regarding the current version of the General Conditions of Use or interpretation, execution or discontinuance of the services will be submitted to the Commercial Court of Paris.