General Terms and Conditions
General Terms and Conditions of Sale
RATP Développement, hereinafter referred to as "the Company", a French limited liability company (société anonyme) with a Management Board and Supervisory Board and a share capital of €369,300,834.43, whose registered office is located at 54 Quai de la Rapée 75012 Paris, France, registered in the Paris Trade and Companies Register under number 389 795 006.
Intra-Community VAT number: FR75389795006.
Article 1 - Definitions
The terms beginning with a capital letter in these General Terms and Conditions of Sale, whether used in the singular or plural, shall have the meaning given to them below:
"Commercial Agency" or "Agency" means the Company's physical sales outlets where Tickets can be purchased, information can be obtained, supporting documents can be submitted etc.
"Fine" means a sanction consisting of the payment of a sum of money for the violation of certain legal rules;
"Non time-stamped Tickets": means a transport ticket purchased on one of the Platforms or in a Commercial Agency allowing access to the Tootbus Services at the date and time desired by the Customer, within the opening hours. Depending on the Offering selected, the Ticket can be used for 1 or 2 consecutive days from the first use of the Ticket on boarding;
"Dated ticket" means a transport ticket valid for an Offering with a departure date and time defined by Tootbus;
"Order": means the act by which the Customer has chosen one of the Offerings offered on the dedicated Platforms.
"General Conditions of Sale" or "GCS": means the present contractual conditions proposed by Tootbus on the Platforms which govern the Offering. Their prior and unreserved acceptance by the Customer(s) shall be a condition for the acceptance of the Order and the issue of the Ticket.
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to login details, such as a name, an identification number, location data, an online login, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
"Offering(s)": means the online offering(s) of passenger transport services whose purpose and scope are defined on the Platforms;
"Services": means the various functionalities offered by the Platforms;
"Platforms": means the official website of the Company www.tootbus.com and the software application "Tootbus" compiled and provided by the Company giving access to the Services;
"Ticket" or "Pass" means the individual or family transport ticket associated with an Offering proposed by Tootbus provided on paper or electronic media on which appears the surname and first name of the Customer, the Offering ordered, the date and time of departure of the bus or the number of consecutive days during which the Offering can be used and the instructions for use of the Offering;
"Customer" or "User": means an individual of legal age with capacity to contract or a minor who has previously obtained the authorisation of his/her parents or the person with parental authority, and who has browsed the Platforms for his/her own needs, for strictly personal and non-commercial use, with no direct or indirect profit motive;
Article 2 - Purpose
These General Terms and Conditions of Sale apply to all transport services offered by the Company in the context of the remote sale of Tickets, via the Platforms or in a Commercial Agency, namely tourist bus tours in various cities around the world (Paris, London, Bath, Cardiff, Bristol, etc.).
Depending on the geographical area in which he or she is located, the Customer can select the following Offerings:
- a themed pass, intended for discovery of monuments or festivals such as Halloween, without stops, accessible by reservation at a date and time determined by Tootbus;
- a "hop-on hop-off" pass, allowing you to get on and off at a desired bus stops;
The Customer acknowledges that he/she has read these GCS at the latest at the time of the final confirmation of his/her Order and expressly declares that he/she accepts them unreservedly. The Company reserves the right to modify or adapt these GCS at any time. In the event of a change, only the GCS in force on the date of the Customer's Order shall apply.
Article 3 - Conditions of use for the Platforms.
The Customer is financially responsible for the use of the Platforms both on his or her own behalf and on behalf of third parties, including minors, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his or her part. The Customer also guarantees the truthfulness and accuracy of the information provided by him or herself or any other third party using his or her data on the Platforms.
Fraudulent use of the Platforms or use that contravenes these GCS may result in the Company refusing to sell the Tickets at any time.
Article 4 - Order and payment
Article 4.1 Ordering
On visiting the Platforms, the User can purchase the Tickets mentioned in the "Tours" section. Placing an Order comprises the following stages:
The Customer selects the Ticket(s) he/she wishes to purchase, after having checked their price(s) and the conditions applicable to their use.
The Customer's shopping basket contains a summary of his or her Order: Selected Tickets, total amount of the Order. Customers may add or remove an item from their basket.
After having read and accepted these GCS, the Customer "Confirms the Order".
The sales contract is then concluded between the Company and the Customer. Upon receipt of the Order and payment, the Company sends an acknowledgement of receipt to the Customer's e-mail address, which shall constitute confirmation of the sale.
The Customer is recommended to keep and/or print this e-mail as it constitutes proof of payment of the Order.
Article 4.2 Terms of payment of the Order.
The payer must be a natural person over the age of majority or an emancipated minor (proof must be provided).
All communications relating to the payment are addressed to the payer. The Customer has the option of paying by credit card.
When payment is made by secure electronic payment by payment card, via the STRIPE system, the latter ensures the reliability of transactions carried out on the Platforms.
In accordance with Article L 133-8 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his or her payment card details, the User authorises the Company to debit said payment card for the amount corresponding to the price including VAT. To this end, the User confirms that he/she is the holder of the card to be debited and communicates the sixteen digit card number and the expiry date as well as, if applicable, the CSC code on the card.
STRIPE encrypts all the personal banking data required for the registration of the User's request, at the time of its entry. Under no circumstances does the Company have access to the User's bank details.
The transaction is carried out by the User in accordance with banking security standards. Thanks to the encryption system, the bank details (payment card number and expiry date) communicated by the User to STRIPE cannot be intercepted by a third party.
For any payment by bank card on the Platforms, the electronic certificate issued by the online payment gateway will be considered as proof of the amount and date of the transaction, as well as the means of electronic archiving set up by the Company. In this respect, the dates and times of the server shall be binding between the parties.
Article 5 - Tariffs
The prices shown on the Platforms are indicated in Euros and Pounds Sterling, including all taxes, depending on the geographical area where the Customer is located at the time of purchase.
If one or more taxes or levies, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Tickets on the Platforms.
However, a price cannot be changed once your Order has been confirmed.
Article 6 - Delivery
The Tickets are delivered to the e-mail address indicated by the Customer on his or her Order.
If delivery of the Tickets is rendered impossible due to an error or omission by the Customer in entering their details, the Company will not be held responsible.
In the event of a delay, the Company cannot be held responsible for any reason whatsoever, the delivery times mentioned being indicative; it is however specified that the delivery time cannot exceed thirty days.
Article 7 - Conditions of use of the Tickets
The holder of a Ticket must validate it every time with the bus drivers or in the Agency before each journey when boarding a vehicle. If the Ticket is not validated, the Customer will be required to pay a fixed fee in accordance with the regulations applicable to public passenger transport services.
If the individual is unable to show his/her Ticket, he/she will not be able to board the vehicle designated for the performance of the services.
Article 8 - Exchange, cancellation, refund
Non-time-stamped tickets (Hop-on Hop-off, cruises)
The Tickets are exchangeable and refundable free of charge during the entire validity period of 12 months from the date of purchase.
In the event of an exchange, if the price of the new Ticket is higher, the difference in price will be charged to the Customer.
In the event of a change in the date and time chosen for the tour, the Customer does not need to exchange the Ticket, which is valid on any other date during its entire period of validity (12 months after purchase).
If the Customer wishes to change the route initially selected, he/she must cancel the initial Ticket and purchase a new Ticket for the desired route.
To add another passenger (adult or child) to the original Ticket, the Customer must purchase an additional Ticket.
To remove an accompanying person from the original Ticket, the Customer must cancel the original Ticket and purchase a new Ticket for the desired package.
Dated tickets (Kids Tour, ByNight, Christmas tour, etc.)
Tickets can be changed free of charge up to 7 days prior to the date of the original package. If the price of the new Ticket is higher, the difference in price will be charged to the Customer.
The Customer must contact customer services for any cancellation, exchange or refund request via the contact form on the Tootbus website.
Force majeure and general planned/unplanned events in the city that affect our service but are out of our control will not be refunded.
Tickets are customer's responsibility, lost tickets will not be replaced.
Article 9 - Receipt, complaints
The Customer is required to check the details of the Tickets delivered, upon receipt.
Any complaint about mistakes in the delivered Tickets must be reported by the Customer, within three working days from the date of receipt, to customer services via the contact form on the Tootbus website.
The Company undertakes to deal with any complaint within 30 days of receipt of the request.
If no claim is made within the aforementioned period, no claim can be accepted, the Tickets delivered being deemed to be correct and accepted by the Customer.
No Ticket can be exchanged if its validity has expired.
In the event of total or partial non-performance of an Order attributable to the Company, the Company's liability shall be strictly limited to the amount of the unfulfilled Order and shall not give rise to any additional compensation.
Article 10 - Cooling-off period
You are informed that, pursuant to Articles L. 221-2 and L. 221-28 of the French Consumer Code, none of the Services offered on the Platforms are subject to the application of the cooling off period provision in Articles L. 221-18 et seq. of the French Consumer Code with respect to distance selling.
Article 11 - Liability
The Company shall not be liable if the performance or poor performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the provision of the service, or in a case of force majeure and generally in the following cases preventing the performance of the contract under normal and expected conditions: breakdown or malfunction of the computer and/or telecommunication networks preventing the availability of online services.
Article 12 - Reservation of ownership
Ownership of the transport Tickets ordered shall not pass to the Customer until full payment of the invoiced price has been made.
Article 13 - Personal data and the Data Protection Act.
Article 14 - Updating of the General Terms and Conditions of Sale
The applicable GCS are those in force at the date of connection to and use of the Platforms by the User.
The Company reserves the right to modify, at any time, all or part of the provisions of the GCS without prior notice or information to Users in order to adapt them to changes in the Services, to technical, legal or judicial developments or when new services are introduced.
Any changes made by the Company to the GCS will be brought to the attention of Users by simply putting them online. They are deemed to be accepted unreservedly by any User who accesses the Platforms after they have been put online.
The Company therefore invites all Users to check the GCS regularly. Any new Service incorporating new techniques or new features that improve the quality of the existing Services shall also be subject to these GCS, unless expressly provided otherwise.
Article 15 - Applicable law, attribution of jurisdiction
These GCS are subject to French law. They are written in French and English.
Customers are informed that they can contact the RATP Ombudsman if, in the case of a service carried out on French territory, after sending a written complaint by post to the Company's head office or electronically via the RATP website ("Contacts" section), they are not satisfied with the response or have not received a response within a given timeframe.
This referral may be made within one year of the written complaint to the Company or, in the case of infringements, within two months of the date of the infringement. At the end of this two-month period, statements are sent to the Treasury.
You can contact the Ombudsman online or by post at the address below, explaining the situation as clearly as possible, together with the supporting documents.
In the case of a penalty, the User must make sure to specify the circumstances and the points to which his or her complaint relates.
54, quai de la Râpée
75599 Paris Cedex 12
Online at: mediateurgroupe.ratp.fr