TND SAS provides an introductory service for vehicle owners (the ‘Owner’) and people wishing to hire a vehicle (the ‘Hirer’).
These Terms and Conditions apply without restriction or exclusion to all of the services offered by TND, SA with a capital of 64,412.60 Euros, located at 71 rue du Faubourg Saint Martin, 75010 Paris, and registered at the R.C.S. de Paris (companies register) under the number 794 337 956 (the ‘Company’ or ‘Tripndrive’), on its website www.tripndrive.com (the ‘Website’), its smartphone applications and directly with the Company’s staff.
The hosting of the Website is provided by Amazon Web Service.
The Website is designed to offer Users, directly or via the intermediary of Tripndrive’s partners, a short-term vehicle parking and hire service (without driver) arranged between private individuals.
If you have any questions regarding the content of these Terms and Conditions, please contact us by email at the following address: email@example.com
The terms set out below will have the following meaning between the parties:
The object of these Terms and Conditions for Use is to:
Tripndrive is a website which introduces two Members to each other:
YOU UNDERSTAND AND ACCEPT THAT TRIPNDRIVE IS NOT A PARTY TO THE HIRE CONTRACT AGREED BETWEEN THE OWNER AND THE HIRER OF THE VEHICLE.
Therefore, the role of Tripndrive is exclusively limited to:
TRIPNDRIVE DECLINES ALL RESPONSIBILITY IN RELATION TO THE CONDITION OF VEHICLES MADE AVAILABLE FOR HIRE, WHICH IS UNDER THE RESPONSIBILITY OF THE OWNER, AS WELL AS THE USE WHICH MAY BE MADE OF IT DURING THE HIRE PERIOD, WHICH IS UNDER THE RESPONSIBILITY OF THE HIRER.
The contractual documents which govern the Users of the Website are:
No User may benefit from the services which are offered on the Website without first unreservedly accepting these Terms and Conditions for Use.
The User acknowledges that they are using the Service in full knowledge of the facts, and that they have obtained all the information necessary, with regard to the services offered, from the Company.
The User agrees by acceptance of these Terms and Conditions to abide by all the terms defined within them. Acceptance of these Terms and Conditions in the form of a ‘tick box’ constitutes proof that the User has read and unreservedly accepted the entirety of the terms contained within them.
The Company reserves the right to carry out any modification which it may deem necessary to these Terms and Conditions. Any modification is not enforceable on Users of the Website until it has appeared online, but can only be applied to transactions concluded after it has appeared online.
All use of the Member space by the User after modification of the Terms and Conditions is valid as acceptance by the latter of the new Terms and Conditions.
These Terms and Conditions for Use apply to the exclusion of all other conditions as soon as you are registered as a User of the Website. These Terms and Conditions can be accessed at any time on this Website.
Access to the Platform is permanent. However, the Company reserves the right to close the Website, temporarily or permanently, without prior warning, or compensation, in particular to carry out maintenance and update operations.
The Company cannot be held liable for any damage resulting from these modifications and/or for any temporary unavailability, or for permanent closure of the Platform and the services associated with it.
Any User of the Website becomes a Member of it when they have registered on the Platform. Registration on the Website is done directly on the Website or via smartphone applications.
Registration by the User on the Website is an indispensible prerequisite to use of the services offered by Tripndrive.
The User who registers on the Platform must, therefore, provide the personal information required for the creation of their Member Account: last name, first name, home address, telephone number and email address.
The user agrees to provide exact information, to update the personal information communicated to the Website whenever necessary and to inform Tripndrive of any change in situation which may call into question their status as Member on the Platform.
Each user who creates a Member Account on the Website chooses a password, guaranteeing the confidentiality of the personal data attached to their account. Therefore, Members are responsible for not divulging their password to a third party and for any fraudulent use which may be made of their account by a third party.
Tripndrive reserves the right to delete any Member Account which does not abide by these Terms and Conditions, in particular in the event that false information may have been communicated upon registration on the Website, or at any other time during use of the Service.
Any Member who is correctly registered on the Website may access the Tripndrive Services offering: a parking service, the making available for hire of a vehicle, and the hiring out of a vehicle without driver for short periods.
The Owner, a correctly registered Member on Tripndrive, can access the parking offered by Tripndrive subject to availability for the period requested.
The Owner carries out their search for a parking space for a specific place and period. They can then book a parking space via Tripndrive, or one of its partners.
By registering their car on the Website, the Owner chooses to make their car available to Tripndrive in order for it to be hired out to another Member.
Tripndrive agrees to reward the Owner for each day of hire with a payment determined in advance by Tripndrive in accordance with several criteria, such as the category of vehicle, its age and the movement of prices in the market. Therefore, this payment is likely to vary for each booking.
By accepting to make their Vehicle available for hire, the Owner will accept the Terms and Conditions for making their vehicle available for hire, which state that they will give express mandate to Tripndrive to carry out the services required for hiring their vehicle during the period when their parking space is reserved.
Tripndrive will, on behalf of the Owner in particular, carry out the following services necessary for hiring of the Vehicle:
In addition, the Owner will therefore accept the "Owner’s" Terms and Conditions;.
Any Member, who is correctly registered on the Website, may search for a vehicle to hire for a given period. Depending on availability, the Member can make a hire request for a Vehicle listed online by another Member.
The booking is then confirmed by Tripndrive, acting in the name and on behalf of the Owner. A confirmation email is then sent.
The Hirer is requested to provide their flight information (flight number, destination/starting point). When they arrive at the airport, the Hirer is requested to contact Tripndrive by telephone, at the number shown on the booking confirmation, fifteen (15) minutes before leaving the terminal.
Tripndrive will then give a meeting point on the outside of the terminal, and Tripndrive, or one of its partners, will provide a transfer from the airport to the Tripndrive Car Park where the hire car can be collected.
Upon arrival at the Tripndrive Car Park, and after checking the Hirer’s information, the debit for payment of the security deposit will be carried out, before the vehicle inspection and handover of the keys.
Upon return, the Hirer agrees to return the hired vehicle (i) on the date and at the times stated for the end of the hire period, (ii) and to the Tripndrive Car Park where the Hirer collected the vehicle.
A vehicle inspection will be carried out at the end of the hire period. The Hirer must then pay for any overrun or penalties which may be applicable before being transferred from the Tripndrive Car Park to the front of the airport terminal.
Any Member who is correctly registered on the Website can make a vehicle available for hire if it meets the ‘Owner’s’ Terms and Conditions.
Tripndrive checks with care that all the hire conditions are fulfilled, and reserves the right to cancel the hire of a vehicle if the Hirer checks should prove to be unsatisfactory.
Any Member who is correctly registered on the Website can make a vehicle available for hire if it meets the ‘Hirer’s’ Terms and Conditions.
Tripndrive has subscribed to fully comprehensive insurance with its partners MMA and Covéa Fleet which covers all the vehicle hires.
The insurance is automatically included in the hire cost, with no additional formalities.
By accepting these Terms and Conditions for Use, you are accepting the Tripndrive insurance terms and conditions, which include:
In the event of failure to abide by these Terms and Conditions and/or in the event of a contractual condition applicable to the Member, penalties will be charged to the responsible party at the request of the injured party or of Tripndrive.
Any Member using the Service unreservedly authorises Tripndrive (at the end of the hire period) to debit additional costs and penalties which they may owe under the full set of contractual conditions which they will have accepted for the Service.
Details of the penalties are in the "Owner’s" Terms and Conditions and in the "Hirer’s" Terms and Conditions.
The price of the individual services make up the Service delivered and are determined by Tripndrive and are available on the Website.
The prices displayed on the Website, or in any other place, are inclusive of VAT, insurance and the remuneration of Tripndrive.
Membership vehicle registration and the parking service are free. The Owner will be liable for payment of any applicable penalties solely in the event of failure to abide by the terms and condition for making their vehicle available for hire.
Tripndrive pays the Owner at the end of the period during which the vehicle is available for hire, for the days when the vehicle is hired out on the basis of a daily amount determined by Tripndrive at the time of confirmation of the hiring request in accordance with the criteria described above.
The payment to the Owner is made either at the end of the period of availability or by bank transfer within a period of fifteen (15) days.
The price of the Hire is calculated on the basis of a daily rate.
The rate is inclusive of the hire cost (and insurance and breakdown cover) and transfer by shuttle from the Tripndrive Car Park to the nearest airport.
The rate also includes a fixed mileage allowance of two hundred (200) kilometres per day of hire. Above that, the Hirer must pay a mileage supplement ranging from 0.15 to 0.30 centimes per additional kilometre.
Payment and remuneration
The price of the service given to the Hirer is payable directly to Tripndrive by bank card.
The Hirer agrees to pay the final cost of the hire and expressly authorises Tripndrive to debit their account with all outstanding sums owed to the Owner or the Company itself with regard to the hire, the security deposit, the fixed rate and the penalties.
Security deposit – At the time of booking the Vehicle, the Hirer is informed of the amount of the security deposit which they will forfeit in the event of an accident.
The security deposit is subject to an imprint on the Hirer’s bank card at the time of collection of the vehicle from the Tripndrive Car Park. The security deposit will be debited, if required, at the end of the hire period for any of the reasons described above.
It covers the following: repairs, penalties, experts’ fees, insurance excess, administration fees and any sum to be paid in compensation to the Owner or to Tripndrive for damages suffered.
In the event of an accident, the security deposit may be debited in full if the share of the damages not attributable to the third party is greater than the amount of the security deposit.
The minimum of amount of the security deposit is 500 €, and remains payable by the main driver in all circumstances.
At the end of each period of availability, Tripndrive will send the Owner a summary report by email which serves as an invoice and includes the following items:
It is the responsibility of Members to declare and pay as required any taxes and duty related to the hire of the vehicle.
All Users and all Members use the Website at their own risk.
The liability of Tripndrive cannot be engaged except in the case of gross misconduct or fraud. With the exclusion of such cases, Tripndrive cannot be deemed liable for losses suffered by a Member.
Tripndrive warns Members of the risks inherent in car sharing, in particular the risks of faults or fraud committed by Users.
Tripndrive reminds its Members that it is only an intermediary between the Owner and the Hirer, and that as a consequence it cannot give any guarantee in relation to the vehicle hire which is organised solely between the Owner and the Hirer.
All Members accept that the maximum amount that they are entitled to recover for any loss deriving from a case of negligence against Tripndrive is limited to the price paid to Tripndrive and if no price has been paid, limited to one hundred (100) euros.
Tripndrive cannot guarantee that the information provided on the Website does not contain factual or technical inaccuracies or typographical errors. Therefore, Tripndrive declines all responsibility deriving from such inaccuracies.
Tripndrive cannot guarantee the solvability of Members, including Hirers, even when a security deposit has been taken.
The trademarks and logos of the company which appear on the Website have been registered at the INPI (French copyright office). Any partial reproduction of the trademarks and logos of the TND company is forbidden without the prior and express agreement of the latter.
The entire content of the Website (graphic elements, text, images both animated and not, sounds, multimedia elements, logos, trademarks, the general structure of the Website, the graphic charter, Members’ content, software, basic source code) are, depending on the elements, the property of Tripndrive or the property of third parties who have authorised Tripndrive to show them on the Website.
Any representation, either in whole or in part, of the Website and/or its content, by any means whatsoever, without the express prior authorisation of the Tripndrive company, is forbidden and will be sanctioned under articles L 335-2 and those subsequent of the Code de la Propriété Intellectuelle (French law on intellectual property).
The name, logo and the slogans are, unless specifically indicated, registered trademarks of the Tripndrive company.
Any reproduction or use of these elements made without the prior written agreement of Tripndrive is liable to constitute an act of counterfeit, and therefore subject to legal action in the competent courts.
The information collected is used by the Company for the purposes of management. However, it may be communicated upon request to services of the police, gendarmerie and justice via the intermediary of a service provider of their choice.
The handling of the information communicated to the Company is subject to declarations to the CNIL(French body governing information technology and freedom of information). Declarations to CNIL under the numbers: 1701721v0, 1701705v0 and 1701655v0
In accordance with law known as ‘Informatique et Libertés’ on information technology and freedom of information of 6 January 1978, all Members have the right to access and correct information relating to them.
Any request should be sent in writing to the following address:
71 rue du Faubourg Saint Martin
This contract is subject to French law and drafted in the English language.
Any dispute relating to the interpretation or execution of this contract is subject to the exclusive competence of the courts of Paris, including in the event of multiple defendants or claims for contribution from a third party.