Terms and Conditions

View our Terms and Conditions here. For any complaints, please contact us.

1. GENERAL

The company CONNECT SMART DRIVE allows its users to book the following services:

All types of chauffeur-driven transport using vehicles of all sizes
Concierge services
Design and organization of all types of corporate events
All types of wedding services
Tourist tours

On its own online platform, through integration with other online platforms or through applications for mobile devices ("applications", all applications constituting the "CONNECT SMART DRIVE technological tools").

CONNECT SMART DRIVE services involve the use of licensed providers for which CONNECT SMART DRIVE acts as a guarantor.

These general conditions of use (hereinafter referred to as the "GCU") are an integral part of any agreement concluded by the user with the transport organization services offered by CONNECT SMART DRIVE. They also detail the transport services resulting from the direct connection of the user and the Chauffeur-Driven Transport Service provider via CONNECT SMART DRIVE.

A modification of the GCU by the user will not be taken into account, even in the case of written confirmation and services without reservation. Any modification requires the explicit and written confirmation of the management of CONNECT SMART DRIVE.

2. CONTRACTUAL RELATIONSHIPS AND CONCLUSION OF THE CONTRACT

2.1 CONTRACTUAL RELATIONSHIPS

As part of its technological tools, CONNECT SMART DRIVE provides the user with a transport right only, which is carried out by a Chauffeur-Driven Car provider independent of CONNECT SMART DRIVE.

To do this, CONNECT SMART DRIVE concludes in its name the necessary agreements with the Chauffeur-Driven Car provider, thus allowing the user to access the transport service offered by the Chauffeur-Driven Car provider ("contract for the benefit of a third party", or "transport contract for the benefit of the user"). The user is then entitled to require the provision of the transport service and other rights directly from the Chauffeur-Driven Car provider.

The agreement concluded between CONNECT SMART DRIVE and the user concerns only the access to the service and not the provision of transport. The right of CONNECT SMART DRIVE to remuneration includes the remuneration for the organization of access to the service as well as the reimbursement of the remuneration advanced to the Chauffeur-Driven Car provider.

2.2 CONCLUSION OF THE CONTRACT

The user concludes a connection agreement by completing a booking form via the CONNECT SMART technological tools. The subject of this agreement is the organization of a Chauffeur-Driven Car service as requested by the user.

CONNECT SMART DRIVE sends to the user's email address a receipt notice containing details related to the desired transport service. CONNECT SMART DRIVE here only confirms the receipt of the order for the Chauffeur-Driven Car service transmitted by the user.

The connection agreement between CONNECT SMART DRIVE and the user for the desired Chauffeur-Driven Car service comes into effect only after CONNECT SMART DRIVE sends an email containing a separate statement ("Booking Confirmation"). The user is then entitled to require the transport service offered by the Chauffeur-Driven Car provider and to assert other rights directly with it.

3. USER REGISTRATION REQUIREMENT FOR THE USE OF CONNECT SMART DRIVE TECHNOLOGICAL TOOLS

The user must ensure that all information transmitted to CONNECT SMART DRIVE by themselves or on their behalf by a third party is complete and correct. Registrations through automated procedures are prohibited.

4. SELECTED THEMES FROM THE TRANSPORT CONTRACT FOR THE BENEFIT OF THE USER

The details described in paragraph 4 concerning a Chauffeur-Driven Car service order issued by the user (collectively referred to as "transport terms") can only be claimed by the user from the Chauffeur-Driven Car provider if they have been agreed upon in the context of the service access contract concluded with CONNECT SMART DRIVE. The following conditions apply to the connection of the user and the Chauffeur-Driven Car provider via CONNECT SMART DRIVE:

4.1 SINGLE TRIPS/HOURLY BOOKINGS; SERVICE MODIFICATION

The user can choose between a single trip and an hourly booking. If, following a request made by the user or the guest, the actual trip involves additional services compared to the initially planned order, the Chauffeur-Driven Car provider undertakes, as far as possible, to meet this request. Individual unplanned services may incur additional costs, please refer to paragraph 5.

As long as the availability of the Chauffeur-Driven Car provider allows, the user or the guest has the right to modify the transport terms even after the conclusion of the contract in accordance with paragraph 5 and the remunerations described therein.

4.1.1 In the case of single trips,

the indicated price is valid for a Chauffeur-Driven Car service between the pickup address and the destination address. Each stop located on the direct route may incur additional costs in accordance with the current price structure (see paragraph 5).

4.1.2 In the case of hourly bookings,

the Chauffeur-Driven Car service must end within the municipal area of the pickup location. An hourly booking always starts at the pickup time stipulated in the booking.

4.2 VEHICLE CATEGORY/MODEL, UPGRADE

For their Chauffeur-Driven Car service order, the user can choose between different vehicle categories (for example, "Mercedes E Class Business Class", "Mercedes V Class Business Van/SUV", "Mercedes S Class First Class" or "Moto-taxi").

The vehicles displayed in the context of CONNECT SMART DRIVE technological tools are only examples. These images reflect the vehicle models commonly used in France and Europe for the reserved vehicle category; regional differences are nevertheless possible, especially on the American continent.

Depending on availability, an upgrade of the "Business Class" vehicle category to a higher category (for example, "Business Van" or "First Class") at no additional cost to the user is possible at any time.

4.3 TRANSPORT SAFETY; CONSEQUENCES

4.3.1 LUGGAGE, ANIMALS

The price indicated in the booking confirmation includes the number of luggage mentioned in the booking form. Excess luggage, particularly bulky luggage, or the transport of animals not mentioned in the booking form may incur additional costs. The costs related to access to the service may then be higher than the costs indicated in the booking confirmation (please refer to paragraph 5 below).

The Chauffeur-Driven Car provider may also refuse to transport luggage and/or animals not provided for in the contract. This clause also applies if the animals do not have an appropriate and closed transport crate.

4.3.2 TRANSPORT OF CHILDREN

The user must indicate in the ride order, if necessary, the number and age of the children to be transported as well as the type of devices required for their transport.

4.3.3 INFORMATION REGARDING THE NUMBER OF GUESTS AND LUGGAGE

The maximum number of guests and luggage specified for a particular vehicle corresponds to an estimate of certain factors such as the size and weight of the guests and luggage. These specifications are not binding. The Chauffeur-Driven Car provider may refuse to transport people or luggage if they believe that space and safety requirements are not met.

4.3.4 IMPOSSIBILITY OF TRANSPORT

The Chauffeur-Driven Car provider reserves the right to refuse a service if, in the context of ordering it, the user has failed to mention or has not correctly mentioned binding requirements (for example, under applicable law) as mentioned in this paragraph 4.3.

If an impossibility of transport results from this omission, it has no impact on the amount due to CONNECT SMART DRIVE as provided for by the service access contract concluded with the user for the specific transport.

4.4 DELAYS

Exceptional situations, such as an air traffic controller strike, extremely bad weather conditions, etc., can only be partially compensated, so in such cases, the user must accept prolonged waiting periods or last-minute cancellations.

4.5 CANCELLATIONS, BOOKING MODIFICATIONS, AND NO-SHOW FOR CHAUFFEUR-DRIVEN CAR SERVICE

4.5.1 CANCELLATION (A) SINGLE TRIPS

For single trips, cancellation is free if there is more than one hour before the pickup time. If there is 1 hour or less before pickup, the full price must be paid. A cancellation can only be validated after sending an email to contact@connect-smartdrive.com or by completing the contact form on our website www.connect-smartdrive.com.

(B) HOURLY BOOKINGS

For hourly bookings, cancellation is free if there are more than 24 hours before the pickup time. If there are 24 hours or less before pickup, the full price must be paid. A cancellation can only be validated after sending an email to contact@connect-smartdrive.com or by completing the contact form on our website www.connect-smartdrive.com.

4.5.2 BOOKING MODIFICATIONS

Generally, booking modifications are treated as a new booking. The regulations concerning cancellations (paragraph 4.5.1) thus apply to the originally reserved Chauffeur-Driven Car service. The amount charged by CONNECT SMART DRIVE for the originally reserved service may then remain unchanged.

4.5.3 NO-SHOW WITHOUT CANCELLATION, USER DELAY

In the event of a no-show without cancellation, the user loses their rights vis-à-vis the Chauffeur-Driven Car provider. However, this does not affect CONNECT SMART DRIVE's right to compensation from the user.

(A) SINGLE TRIPS A no-show occurs when the user or passenger does not appear at the pickup location within 30 minutes of the agreed pickup time, without prior cancellation. In the event of a no-show, the Chauffeur-Driven Car service must be paid in full; however, waiting time will not incur any additional fees.

For airport or train station transfers (excluding long-distance train stations), a no-show occurs when the user or guest does not appear at the designated location within 60 minutes of the agreed pickup time, without prior cancellation. However, in the event of delays or advances by air or rail transport, the driver is able to adjust the pickup time according to the delay agreed between the arrival time and the pickup time specified in the contract. In the event of a no-show, the Chauffeur-Driven Car service must be paid in full; however, waiting time will not incur any additional fees.

These rules do not apply if the Chauffeur-Driven Car provider and the passenger have agreed by phone on a new pickup time. Additional waiting time fees may be incurred (see paragraph 5.3.1). Generally, the user is not entitled to change the pickup time.

(B) HOURLY BOOKINGS A no-show occurs when the user or passenger does not appear at the pickup location within 30 minutes without prior cancellation. In the event of a no-show, the user is required to pay the Chauffeur-Driven Car service in full.

For airport or train station transfers (excluding long-distance train stations), a no-show occurs when the user or guest does not appear at the designated location within 1 hour without prior cancellation. However, in the event of delays or advances by air or rail transport, the driver is able to adjust the pickup time according to the delay agreed between the arrival time and the pickup time specified in the contract. In the event of a no-show, the user is required to pay the full fare.

These rules do not apply if the Chauffeur-Driven Car provider and the passenger have agreed by phone on a new pickup time. As mentioned in paragraph 4.1.2, the hourly booking always starts at the agreed pickup time specified in the contract. If the booking time is extended, remuneration is calculated as described in paragraph 5.2. Generally, the user is not entitled to change the pickup time.

4.6. BEHAVIOR ON BOARD THE VEHICLE

The user must comply with the following conduct rules:

During the entire duration of the service, all guests are required to comply with the traffic code rules, particularly regarding the use of seat belts. The user must follow any instructions given by the Chauffeur-Driven Car provider. The provider is responsible for safety during the trip. It is therefore prohibited to open doors while the vehicle is in motion, throw objects out of the vehicle, or extend body parts outside the vehicle or shout. If the user wishes to use any devices or equipment in the vehicle, they must follow the instructions given by the Chauffeur-Driven Car provider.

Smoking is prohibited in the guest area of the vehicle. If the user or a guest does not comply with this rule, they will be required to pay for the cleaning costs of the vehicle and compensation for the time during which the vehicle could not be used.

Eating in the vehicle is not allowed. Bringing and consuming alcoholic beverages require the prior consent of the Chauffeur-Driven Car provider.

5. REMUNERATION AND PAYMENT

5.1 PRINCIPLES

CONNECT SMART DRIVE's right to remuneration is mentioned in the booking confirmation.

The main factors influencing the amount are as follows: the selected vehicle category, the distance, the time of booking, the pickup time, and possibly the pickup location.

Special requests, such as multilingual driver, individual vehicle registration, stops, bulky luggage, child seats, etc., may incur additional costs.

5.2 MODIFICATION OF THE TRANSPORT SERVICE

The user (but also the guest) has the option to modify the transport service terms, even after concluding the service access contract, or – if the Chauffeur-Driven Car provider is able to accept it – during the trip.

If the user or guest spontaneously wishes to extend the trip (distance or number of hours), the actual service (total distance or number of hours) will be recalculated and invoiced at the end of the trip according to the current price structure. For hourly bookings, each started thirty-minute block will be considered for billing. To facilitate planning, from the first additional minute, the added time will be rounded up to half an hour.

The remuneration due by the user will then be revised upwards due to the increase in CONNECT SMART DRIVE's expense compensation for the transport contract for the user's benefit.

If the reserved distance or number of hours is less than what was originally planned in the contract, the originally calculated remuneration will not be revised.

5.3 OTHER SUPPLEMENTS

5.3.1 WAITING TIME FOR SINGLE TRIPS

For single trips, if the pickup location is an airport or a train station (only for long-distance train stations), waiting times of up to 60 minutes from the scheduled pickup time do not incur additional costs. However, in the event of delays or advances by air or rail transport, the driver is able to adjust the pickup time according to the delay agreed between the arrival time and the scheduled pickup time in the contract. Any additional waiting minute will be charged at a flat rate excluding taxes considering the relevant municipal area and the selected vehicle category.

5.3.2 ADDITIONAL KILOMETERS FOR HOURLY BOOKINGS

Hourly bookings include twenty kilometers (20 km) per hour as mentioned in the booking form. Additional kilometers will be subject to a surcharge plus VAT based on the prices in effect in the relevant municipal area and the selected vehicle category.

5.4 PAYMENT METHODS AND TRANSACTION FEES

The user can pay for their Chauffeur-Driven Car service by the method of their choice:

* Credit card

* Bank transfer

* Cash on board the vehicle

CONNECT SMART DRIVE covers the costs associated with credit card payments. In the case of payment by bank transfer, the user covers any transaction fees due to currencies, exchange rates, or different local accounts.

5.5 PAYMENT REMINDER, UNPAID CREDIT CARD INVOICE

For each payment reminder, CONNECT SMART DRIVE reserves the right to charge appropriate reminder fees.

For unpaid credit card debts, CONNECT SMART DRIVE charges the user for the incurred costs (bank, credit card institution) and reserves the right to levy appropriate processing fees on a case-by-case basis.

5.6 INVOICE DELIVERY, DUE DATE

The user receives an electronic invoice that they can download via their user account. For credit card payments, payment is due immediately. For bank transfer payments, the due date is indicated on the invoice.

For cash payments, payment is required at the end of the service before the user leaves the driver.

5.7 PROMOTIONAL CODES

Promotional codes are valid for individual use only. They cannot be combined with other promotional codes. A promotional code cannot be exchanged for cash.

6. LIABILITY

6.1 PRINCIPLES

CONNECT SMART DRIVE is liable for any damage caused intentionally or through gross negligence by its agents or employees. Regarding the transport service, the Chauffeur-Driven Car provider and all drivers employed by it are neither considered agents nor employees of CONNECT SMART DRIVE. CONNECT SMART DRIVE only facilitates the connection between the user and the Chauffeur-Driven Car provider to organize transport.

In the case of damage caused by simple negligence, CONNECT SMART DRIVE's liability is only engaged to the extent that it results from a breach of fundamental contractual obligations and constitutes foreseeable and typical damage. Fundamental contractual obligations are those that, when fulfilled, allow for the proper execution of the transport contract to which the user can regularly rely on.

Liability restrictions do not apply in the case of mentioned guarantees, in the event of harm to life, physical integrity, and health, and in the case of claims based on the Product Liability Act.

6.2 CONTENT OF TECHNOLOGICAL TOOLS

CONNECT SMART DRIVE is not responsible for the accuracy, reliability, completeness, and timeliness of the content and programs made available to users free of charge and provided within the framework of CONNECT SMART DRIVE's technological tools, or for damages resulting from their use unless such damages are caused intentionally or through gross negligence by CONNECT SMART DRIVE. This applies to all types of damages, especially damages resulting from errors, delays, failures in technical equipment or service, incorrect content, omissions, loss or deletion of data, viruses, or, in general, the use of this online offer. Additionally, CONNECT SMART DRIVE assumes no responsibility for the availability and reliability of the functions offered.

6.3 THIRD-PARTY WEBSITES

CONNECT SMART DRIVE declines any responsibility for the content, accuracy, legality, and reliability of third-party websites to which it links. Visiting these sites via links is at the user's own risk.

6.4 ACCURACY OF TRANSMITTED INFORMATION, ACCESS INTERRUPTION

CONNECT SMART DRIVE is not obligated to ensure the accuracy and completeness of the transmitted information, or that it is received on time by the user or the driver. However, this does not apply to the content of the booking confirmation.

CONNECT SMART DRIVE disclaims all liability for quality issues in accessing technological tools caused by force majeure or events beyond CONNECT SMART DRIVE's control, particularly failures in communication networks and/or gateways. CONNECT SMART DRIVE cannot guarantee uninterrupted and error-free operation of the websites or the correction of any defects.

6.5 USER LIABILITY RELEASE

The user releases CONNECT SMART DRIVE from any claims and costs, including attorney's fees, brought by a third party against CONNECT SMART DRIVE due to non-contractual use of technological tools or violation of these general terms of use.

7. MODIFICATION OF THE OFFER BY CONNECT SMART DRIVE

CONNECT SMART DRIVE reserves the right to modify its technological tools at any time for the user's benefit to develop and improve their quality. Additionally, if important reasons require it, CONNECT SMART DRIVE reserves the right to temporarily or permanently discontinue its offer regarding its technological tools without prior notice to the user.

8. PROTECTION OF CONTENT; GRANTING OF USAGE RIGHTS FOR THE USE OF TECHNOLOGICAL TOOLS

The content of the technological tools is protected by intellectual property laws.

CONNECT SMART DRIVE grants the user the revocable authorization, subject to compliance with these general terms of use, to use its technological tools according to the provisions. Any use outside this framework (modifications, copies, re-editions, transmissions, distributions, or other use for an illicit purpose) is prohibited.

9. FINAL CLAUSES

9.1 INTEGRITY, WRITTEN FORM

These GCU represent the entire agreement concluded between CONNECT SMART DRIVE and the user regarding the service. There are no auxiliary agreements. Modifications and additions to this agreement require written form. Electronic form or text form without a signature is not sufficient. This also applies to any modification or addition related to this written form requirement.

9.2 MODIFICATION RESERVATION

CONNECT SMART DRIVE is authorized to modify its general terms of use. Notification regarding this modification is transmitted by a unilateral declaration through the publication of the new GCU on the CONNECT SMART DRIVE website and the information made available to the user in this regard. If the user does not object to the new GCU within 14 days from the date of the notice, the GCU are then considered applicable to the user. The user can continue to use the services provided by CONNECT SMART DRIVE only to the extent that they accept the GCU.

9.3 OFFSET, RETENTION, AND ASSIGNMENT

The user can offset their claims against Blacklane and assert their retention rights only to the extent that their counterclaims against Blacklane or their counterclaims are legally binding or undisputed. This also applies in the event of a claim by the user.

The user can assert their retention rights for claims under this paragraph 9.3, paragraph 1, to the extent that they are based on the same contractual relationship.

The user is not authorized to assign their rights arising from the contractual relationship to a third party without the explicit and written consent of Blacklane.

9.4 APPLICABLE LAW, COMPETENT JURISDICTION

For all legal relationships between Blacklane and the user, the only applicable law is the law of the Federal Republic of Germany as stipulated in the case of legal relationships between German parties.

The place of performance is Berlin.

The only competent jurisdiction is Berlin, to the extent that the user is a merchant within the meaning of the Commercial Code or does not have a permanent residence in Germany. The jurisdictions imposed by law are not affected.

9.5 SEVERABILITY CLAUSE

If any provision of these Terms proves invalid, unenforceable, or contains gaps, the remaining provisions remain in effect. The parties are obligated to replace the invalid, illegal, or unenforceable clauses with clauses that are closest in meaning and economic purpose as well as the intention of the parties.

Status: Berlin, March 2014