TERMS OF SALE

These terms and conditions of sale are applicable between AJM Touring, company registered number 807 926 407 the Nice Companies Register (“AJM Touring”), and any person, in a business capacity or otherwise, (hereafter the “Customer”) wishing to book a chauffeur-driven car service (the “Service”) for themselves or for individuals who have duly instructed said person in this regard (“Passengers”).

By booking a Service with AJM Touring, the Customer and Passengers fully accept AJM Touring’s terms of sale (hereafter “Terms of Sale”). Any terms to the contrary imposed by the Customer or the Passenger, including any contrary clause arising from their own terms and conditions, are inapplicable to AJM Touring, without its express, written and prior consent.

AJM Touring reserves the right to amend the Terms of Sale at any time.
The Terms of Sale applicable to the booking of a Service are those in effect on the date of the firm booking of the Service (hereafter “Booking”), formalised by AJM Touring’s receipt of the written confirmation of the booking.

AJM Touring guarantees the proper organisation and efficiency of the services it performs as a passenger transport company.

  1. BOOKINGS

NOTICE

To book and/or pay for a Service, the Customer must be an adult or emancipated minor, have the legal capacity to enter into a contract and comply with the Terms of Sale.

Customers are responsible for the bookings they make on their behalf and for themselves as well as on behalf of Passengers when acting for such Passengers. The Customer guarantees the veracity and accuracy of the information provided.

BOOKING REQUEST

A request to book a Service can be made by phone, text/WhatsApp, email, via the website www.ajm-touring.com and by any other means approved by AJM Touring.
When a booking is requested by phone or any other not written media, it must be confirmed in a written form (e.g email, text/WhatsApp, AJM Touring Web site).
This booking request must be acknowledged by AJM Touring in order to confirm reception.
It is the Customer responsibility to seek this acknowledgment in case this one is not coming back to him/her.

The booking request must include the following minimum information:

  • Dates, times and itineraries
  • Date, time and place of initial pick-up of Passenger(s)
  • Final drop-off and stop-offs if any
  • Number of people to be transported (indicate if passenger is disabled and/or in a wheelchair, number of children and/or babies, animals):
  • Approximate number, weight and overall volume of luggage
  • Contact details
  • Passenger’s phone number (mobile and land line)
  • Passenger’s email address
  • Type or category of requested vehicle.
  • Form of payment requirement

For any new customer, the details of the entity to be invoiced is to be added to the booking request.

AJM Touring might from time to time, check bank information accuracy before accepting to process the booking request.

QUOTES

Upon receipt of the booking request, AJM Touring issues a quote based on the information provided by the Customer or Passenger.

Any change in the information provided is likely to change the initial price of the Service (change of vehicle model, capacity, mileage, excess time, etc.). In addition, any service not indicated in the quote is billable in addition.

BOOKING CONFIRMATION

If the quote is accepted, the Customer must confirm the booking in writing to AJM Touring by a means approved by AJM Touring (“Booking Confirmation”).

Receipt by AJM Touring of the Booking Confirmation constitutes the formation of the transportation contract between AJM Touring and the Customer.

  1. FARES

Services are offered for the fares indicated in AJM Touring’s commercial proposal attached to the quote.

Fares may vary based on certain circumstances such as public holidays, peak periods, pick-up area and/or area where the Service is used, time of day etc.

Fares are quoted with tax and include:

  • chauffeur service,
  • fuel,
  • professional liability insurance for transporting passengers,
  • VAT at the rate set by current regulations.
  • Highway/urban tolls

Unless expressly stated otherwise in the quote, rates do not include parking meters, parking fees, entrance fees to sites, public or private property, chauffeurs’ meals. The latter are billed for any Service order of more than three (3) hours:

  • Ending after 1:00 p.m. or
  • Starting before 1:00 p.m., or
  • Ending after 8:45 p.m., or
  • Starting before 9:00 p.m.

A chauffeur’s travel allowance will be charged for overnight stays stipulated within the commercial offer.

Once approved by the customer, the Quote should not be altered unless new customer requirements have been added. These last one should always be required and confirmed in writing by both parties (customer/AJM Touring).

EXCESS TIME OR MILEAGE (EXCLUDING TRANSFER SERVICES)

For any Service different than a transfer, AJM Touring might decide to include in its quote a maximum distance (km) and/or a maximum service time beyond which additional cost is invoiced.

This cost is defined on the initial quote previously approved by the customer.

  1. TERMS OF PERFORMANCE OF SERVICE

PASSENGER PICK-UP

Passengers are required to comply with the pick-up requirements indicated by AJM Touring and/or the chauffeur assigned to perform the Service. AJM Touring cannot be held liable if the Service cannot be performed due to the passengers’ failure to comply with the pick-up procedure.

The Highway Code requires Passengers to fasten their seat belts in the front AND rear of the vehicle. Failure to comply with this rule releases AJM Touring from liability in the event of an accident.

AJM Touring maintains a strict non-smoking policy in all of its vehicles

The consumption of alcohol in vehicles is not permitted without AJM Touring’s express written permission. The chauffeur and/or AJM Touring have the right to refuse to carry any Passenger who is believed to be under the influence of alcohol or drugs and whose behavior poses a threat to the chauffeur, the car or any other passenger.

AJM Touring may choose to subcontract, transfer or assign all or part of the Service to a third party of its choice, without first notifying the Customer.

The photographs and images available on AJM Touring’s website, in its brochures and in any presentation material are non-contractual. AJM Touring will not be liable if the car and/or chauffeur are not the same as the photographs or images shown.

AJM Touring states that the vehicles used to perform the Services are equipped with a GPS system. By accepting AJM Touring’s Services, the Customer consents to the use of this GPS system.

LUGGAGE POLICY

The total weight of luggage is limited to what is compatible with the vehicle used, based on the space available. The chauffeur and/or AJM Touring may refuse luggage or items exceeding this limit or any luggage which volume or shape might damage the AJM Touring vehicle.
In particular, for safety reasons, AJM Touring will refuse to load any bulky luggage into the passenger area of the vehicle, AJM Touring will not be held liable for any loss of luggage during or after the Service. Passengers are responsible for their personal belongings and AJM Touring will not be held liable for any loss or deterioration of such belongings.

VEHICLE CAPACITY – NUMBER OF PASSENGERS CARRIED

The maximum number of passengers in the car (including the Chauffeur) must not exceed the maximum number of passengers mentioned in the technical specifications of the car. The chauffeur and/or AJM Touring reserves the right to refuse a passenger exceeding these limits.

Within the COVID 19 pandemic, special requirement might limit the number of passengers to be boarded.

PETS

Small dogs and other small pets weighing no more than 6 kg, suitably contained in a carrier of no more than 45cmx30cmx25cm are allowed in vehicles, up to a maximum of two. Subject to this requirement, no other pets are allowed in vehicles.

  1. CHANGING AND CANCELLING BOOKINGS

Requests to modify or cancel bookings are made through one of the authorised processes for booking Services.

Any transfer cancellation request must be communicated in writing to AJM Touring latest by 20h00 (CET) the days before the service.

In order to allow enough lead time for re-organising the AJM Touring planning, any transfer modification might reach AJM Touring in writing at least two (2) hours before the agreed service start.
However, AJM Touring will do its utmost to fulfill the customer “last minute” requirement if reasonably achievable.

AJM Touring will charge all or part of the booked service according to the following terms.

TERMS VALID FOR ANY SERVICE

Any unrelated ancillary costs incurred by AJM Touring (e.g: guides, hostesses, security guards) as part of a Service cancelled less than 36 hours before the agreed start time will be charged in full.

TERMS VALID FOR ANY TRANSFER SERVICES WITH SEDAN AND VAN:

In the event of a late cancellation (latest by 20h00 (CET) the days before the service) or “no show” 40 minutes after the appointment time made when booking the Service, the Customer will be charged in full.

In the event of a late modification request (at least two (2) hours before the agreed service start) that AJM Touring could not reasonably accommodate, the Service is charged in full.

However, in the event of a late modification request (at least two (2) hours before the agreed service start) that AJM Touring could accommodate, hence the modified Service is invoiced at its relevant cost.

TERMS VALID FOR ANY OTHER SERVICES WITH SEDAN AND VAN

Cancellation and refund conditions are elaborated within the Quote provided to the Customer.

By approving the Quote, the Customer agrees on these terms.

TERMS VALID FOR ANY SERVICE PERFORMED BY MINIBUS AND BUS WITH MORE THAN 9 SEATS.

In the event of a late cancellation (at least two (2) hours before the agreed service star or “no show” 40 minutes after the appointment time made when booking the Service, the Customer will be charged the amount for the entire Service initially stated multiplied by the following percentage:

Between 72 hours and 48 hours before the start of the Service: 10%

Between 48 hours and 24 hours before the start of the Service: 50%

Less than 24 hours or No Show: 100%

AJM Touring reserves the option to apply different cancellation or change terms, especially during busy periods or for Services involving a large number of Vehicles. These special terms will be indicated in the quote or order summary received by the Customer and will prevail over these provisions.

  1. DELAY

AJM Touring is not responsible for delays caused in event of force majeure and/or for reasons beyond its control (vehicle breakdown, strikes, natural disasters, train/plane delays).

CHAUFFEUR DELAY

Chauffeurs are deemed late if they arrive after the appointment time made when booking the Service. In case of delay, AJM Touring contacts the Customer to notify him/her and, if he/she cannot be picked up, offers an alternative solution. If there is no alternative solution, the Customer may be compensated or refunded on the understanding that the amount reimbursed, as well as AJM Touring’s liability, will be limited to the expected amount of the Service booked or, when this is not determined, a maximum of €150.

CUSTOMER DELAY (NON APPLICABLE FOR PICKUPS IN AIRPORTS, TRAIN STATIONS, CRUISE TERMINAL)

Chauffeurs are required to wait for the Customer for 40 minutes after the appointment time. After this time, Customers who are not present at the pick-up point are deemed to be a “no-show”. In this case, the Customer will be charged in full (100% of the service cost).

This above condition does not apply when the Passenger is to be picked-up upon an arrival by commercial plane, a train or a cruise ship. As far as these exceptions are concerned, AJM Touring will automatically reschedule the pickup time at no cost unless a night surcharge (+20%) applies.

The passenger commits to leave the airport, the train station, the cruise terminal, as soon as its luggage have been delivered from the relevant incoming plane/train/cruise ship.

In case the passenger wants to spend overtime in the airport/station/cruise terminal after its luggage have been delivered, hence AJM touring will invoice for the overtime spent.

  1. COMMITMENT AND LIABILITY

AJM Touring operates as a chauffeur-driven passenger transportation company and as such declares that it complies with the applicable professional regulations.
It assumes the safety obligations any professional carrier owes their passengers as well as the responsibilities related to control of the passenger vehicle, whether it owns or leases it.

AJM Touring states that it holds an insurance policy covering its professional liability for the performance of the business of passenger transport and, in particular, all the financial consequences of bodily injury, property damage and consequential losses it might be liable for in performing the Services, particularly following a traffic accident, between the passenger getting into and leaving the vehicle, except for damages caused by the passenger.

AJM Touring assigns carefully selected chauffeurs with the necessary permits to perform the Services, in accordance with the needs and requests of the Customer.

  1. DAMAGE

Customers will be liable for any damage caused inside the Car by them or by the persons accompanying them in the car (except the chauffeur) or the Passenger(s) during the Service and will be charged accordingly for any repair or remedial work required to return the car to proper working condition and/or state of cleanliness and/or appearance.

  1. SETTLEMENT, PAYMENT AND SUPPORTING DOCUMENTS

HOW TO PAY FOR THE SERVICE

AJM Touring accepts the following payment methods: cash, bank cards (Visa, American Express, MasterCard), bank transfers (all banking fees to be paid by issuer).

Payment conditions are always defined within the commercial offer.
In general terms, service payment occurs prior the Service starts via bank transfers or through the payment platform of the AJM Touring website www.ajm-touring.com.

However, payment might as well happen on board of the vehicle (cash, bank card).

Any lack of payment might generate either a Service not to be delivered or legal proceedings to be initiated.

BILLING – SETTLEMENT

In general terms, services are invoiced after delivering all services requested by the customer and emailed to the Client.

As per conditions stipulated on the Quote, AJM Touring might from time to time issue a proforma invoice in order to collect prepayments.
AJM Touring will then deduct any prepayments from the final invoice.

LATE PAYMENT

Any late payment automatically results in the payment of penalties of at least three times the statutory interest rate, from the day after the payment date on the invoice, and the application of a fixed charge for administrative collection costs in the sum of €40 per unpaid invoice (“Penalties”), in accordance with the provisions of article L441-6 of the French Commercial Code.

If AJM Touring is unable to debit the Customer’s account, for any reason, this constitutes late payment resulting in the application of the above Penalties without notice.

COMPLAINTS

In the event of a dispute over the amount of the bill or the terms of the Service, the Customer can send a complaint to AJM Touring by registered letter with return receipt to the following address: AJM TOURING 423 Ave de Pessicart, 06100, Nice, France.

Complaints are only admissible if sent within 8 days of the Service concerned and in writing, failing which they cannot be considered.

  1. PERSONAL DATA

These Terms are subject to the personal data protection regulations (including Rectificatif au Règlement (UE) 2016/679 du Parlement européen et du Conseil du 27 avril 2016, relatif à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE (règlement général sur la protection des données) – JOUE L127 2 du 23/05/2018.

Personal data collected by AJM Touring when making the Booking and performing the Services (particularly via the GPS system with which the Vehicles are equipped) include:

  • the customer’s identification data as well as the Customer’s postal address, telephone number and email address;
  • the passengers’ email address and ‘phone numbers;
  • data relating to payment methods;
  • data relating to the vehicle’s movements and location;
  • data on the vehicle’s speed and distance travelled.

PURPOSES OF PROCESSING

The purposes of the processing of such data by AJM Touring include:

  • preparation and performance of the contract, including:
    • managing and confirming bookings of Services;
    • monitoring and billing Services
    • emergency calls in the event of an incident or accident;
    • complaint management
    • combating fraud.
  • pursuit of AJM Touring’s legitimate interests in terms of promotion and prospecting, including:
    • monitoring the Customer relationship (maintaining customer satisfaction, customer loyalty);
    • developing business statistics and/or analyses;
    • sharing of advertising information or commercial offers for goods or services similar to those subject to these terms.

 

AJM Touring will only be able to use the Personal Data provided by the Customer to share advertising information or offers from its business partners with the Customer’s consent.

By accepting these ToS, the Customer accepts the collection and processing of the abovementioned personal data for the above purposes by AJM Touring, the data controller

DATA RETENTION

AJM Touring records and retains personal data in relation to the Service for a period of three (3) years from the Booking.

At the end of this period, said personal data may be archived by AJM Touring, so it can comply with the accounting, tax and legal obligations incumbent on it (including the 5-year limitation period applicable to Contracts/article 2224 of the French Civil Code; the 10-year period for the retention of invoices/ L123-22 of the French Commercial Code).

AJM Touring has the technical means to guarantee the confidentiality and security of the data collected.

CUSTOMER RIGHTS

Customers have the right to access data concerning them. They can request the following at any time:

  • rectification, update and/or erasure of personal data
  • restriction of the processing of their data
  • oportability of their data
  • objection to the handling of their data on legitimate grounds.

To exercise these rights, Customers can send their request to:
AJM Touring
423 Ave de Pessicart
06100 Nice
France

Customers must enclose proof of identity to exercise the above rights.

  1. INTELLECTUAL PROPERTY

AJM Touring’s website, including but not limited to photographs, graphics, customer interface, editorial content, scripts and software, contains information and elements belonging to AJM Touring and/or its subcontractors, protected by intellectual property law. The Customer expressly acknowledges that he/she must not use this information or these documents, except for use in accordance with the Terms and Conditions.

Customers must not copy, reproduce, display or use any element of AJM Touring’s website protected by intellectual property in any way without AJM Touring’s prior written consent.
Customers must not establish a link, including through a hyperlink or mirror link, either electronically or otherwise, to any part of the website or an application without AJM Touring’s prior written consent.

  1. APPLICABLE LAW

The Terms and Conditions and any related contract are performed, regulated and interpreted exclusively in accordance with French law.

In the event of a discrepancy or conflict between the English and French versions of the Terms and Conditions, the French version will prevail. The English version is provided for informational purposes only.

In the event of a dispute, the Customer will contact AJM Touring to try and resolve the issue.
Any dispute that cannot be resolved by agreement will be:

  • subject to the exclusive jurisdiction of the French courts if the Customer is a consumer;
  • subject to the exclusive jurisdiction of the Nanterre Commercial Court if the Customer is a business.

If one or more stipulations of these Terms of Sale are invalid or inapplicable, the remaining stipulations will retain their full force and effect.

VERY IMPORTANT

Passenger transportation for payment is a regulated activity. Only authorised vehicles (chauffeur-driven cars; occasional transport) can perform this service, within the legal and regulatory provisions stipulated. We take the liberty of warning our customers against certain companies or individuals who do not comply with these provisions and cannot offer any guarantees.