GENERAL TERMS AND CONDITIONS OF SALE
C6, a French simplified joint-stock company (société par actions simplifiée) with capital of EUR 3 059 000€ registered with the Creteil Trade and Companies Register under number 519 037 147, whose registered office is located at 38 rue de Seine – 94400 Vitry-sur-Seine (France), is mainly involved in the regular road transport of travellers by coach, a business that is conducted under the European Union word mark No. 14349286 OUIBUS and the European Union semi-figurative mark No.17579798 (hereinafter ‘OUIBUS’).
Airport Shuttles refers to a specific service serving the Lyon-Saint-Exupery airport by OUIBUS.
Contract the definition provided in Article 4.1 Coupon Code the definition provided in Article 5.12.
Customer Account refers to a digital space reserved for the Passenger or possibly their Representative, accessible on the Website and the Mobile Application through the entry of an identifier and a code, and in which is stored all information relating to the Passenger (Personal data, reservations, credit cards, Purchase Vouchers, etc.) mainly in order to be able to pre-fill Passenger information during future Orders.
Discount Card the definition provided in Article 8.1.
General Terms and Conditions the definition provided in Article 2.1.
Journey refers to the specific route selected by the Passenger or their possible Representative and which includes, in whole or in part, one or more Lines.
Line refers to the coach route pre-defined by OUIBUS in its entirety, i.e. from the first outbound station through to terminus.
Mobile Application designates the application software developed by OUIBUS offering the same Service Provisions and Additional Services as those normally used on a computer, through the website, but on a mobile electronic device.
Order the definition provided in Article 5.1.
OUIBUS refers to the company referred to in the Foreword.
Partner Website refers to any third party site that redirects to the Website for booking Tickets.
Party(ies) refers to OUIBUS and/or the Passenger.
Passenger refers to the physical person identified on the Ticket.
Personal Information the definition provided in Article 5.5.
Person with a Disability or Reduced Mobility refers to any person whose mobility is reduced when using the transport made available by OUIBUS due to their physical disability (sensory or motor, permanent or temporary), backwardness or intellectual deficiency, or any other cause of disability, or age, and who requires appropriate attention and adaptation of the services made available to all Passengers to meet their needs.
Points of Sale refers to the physical sales points listed on the Website and in which Tickets are offered for sale.
Purchase Voucher the definition provided in Article 5.11.
Remote Ordering refers to Orders placed by the Passenger or possibly their Representative through the Website, the Mobile Application, via a Partner Website or by telephone.
Representative the definition provided in Article 4.2.
Services refers to the main transport service(s) that OUIBUS is committed to under the Contract.
Supplementary Services refers to services that supplement and accompany the Services.
Ticket the definition provided in Article 7.1.
Travel Folder refers to a folder encompassing all of the features of a Journey or several Journeys, linked to a reference number and sent to the Passenger by electronic confirmation, or by hard copy.
Website refers to the website accessible at https://fr.ouibus.com/.
2.1 This document constitutes the general terms and conditions of sale as defined in articles 1119 of the French Civil Code, L. 441-6 of the French Commercial Code and R. 111-2 g) of the French Consumer Code (hereinafter the ‘GTC’).
2.2 The purpose of the GTC is to govern, without limit, all of the Services and Supplementary Services listed on the Website and offered for sale by OUIBUS via the Website, the Mobile Application, a re-direct from a Partner Website, by telephone, at a Point of Sale or on board the coach.
2.3 The GTC define the contractual relations between OUIBUS and the Passenger, notwithstanding any additional conditions laid down between the Parties and mentioned on the Ticket.
3. Acceptance of the GTC
3.1 During the process of placing any Order, the attention of the Passenger or possibly their Representative, is drawn to the fact that the act of confirming the Order is subject to prior acceptance, without restriction or reservations, of all the General Terms and Conditions using the following means: • an online tick box process for Order placed on the Website, the Mobile Application, or via a re-direct from a Partner Website;
• Oral information provided by the call operator for Orders placed by telephone or the desk clerk for Orders placed at a Point of Sale. When you are buying a ticket direct on a coach, the attention of the Passenger or possibly their Representative, is drawn to the fact that the act of confirming the Order is subject to prior acceptance, without restriction or reservations, of all the General Terms and Conditions by the driver of the coach.
3.2 A reminder of the Passenger’s acceptance of the GTC is indicated in a specific note on the Ticket.
3.3 Should the Passenger have reservations, irrespective of their type or extent, about the GTC, the Passenger or their possible Representative, is invited to renounce continuing with the process of Ordering or Purchasing a ticket on board. Failing this the Passenger is deemed to have irrevocably accepted the GTC by the mere fact of continuing the Ordering process or purchase on board up to its completion
3.4 The GTC can be accessed on the Website and the Mobile Application when placing the Order or purchasing on board.
3.5 After the Order or the purchase on board and prior to fulfilment of the Service and Supplementary Services ordered, the GTC applicable to the Order are sent on sustainable media (PDF format) to the e-mail address provided by the Passenger, or possibly their Representative, when placing any Order, irrespective of the procedure (internet, telephone, point of sale) or, in the absence of an e-mail address, by any other means specified by the Passenger or possibly their Representative.
3.6 As the GTC can be amended, the conditions that apply are those in force on the date of placing the Order or the purchase on board.
4. Conclusion of the Transport Contract
4.1 The Contract concluded between OUIBUS and the Passenger is a transport Contract in the sense of Article 3 c) of EU Regulation No. 181/2011 of the European Parliament and Council, on which are constituted all the stipulations of these GTC, to which can be added all the other documents covered in Article 25.1 (hereinafter the “Contract”).
4.2 If a third party places the Order for the Passenger, that third party declares that they are acting in the name and on behalf of the Passenger, beneficiary of the Services they have ordered, and for which they recognise being the representative in the sense of articles 1984 et seq. of the Civil Code (the ‘Representative’).
4.3 The Contract is definitively concluded as from confirmation of the Order after full payment of the price of the Services and Supplementary Services by the Passenger or possibly their Representative. In case of direct purchase on board the coach, the Contract is definitively concluded after complete payment of the price of the Ticket by the Passenger.
4.4 The Contract is concluded in French. The English, Spanish and Italian versions of the GTC are available on the Website for information purposes. In the event of contradiction between the French version and the translations, the French version shall take precedence.
5. Means of placing the Order
5.1 The order is the operation whereby the Passenger, or possibly their Representative, reserves any Services or Supplementary Services with OUIBUS, irrespective of the means employed except for when buying a ticket on board the coach, and which brings with it the obligation for the Passenger or possibly their Representative to pay the price affixed to the Services and Supplementary Services concerned (the ‘Order’). Research and selection of routes
5.2 OUIBUS makes a search engine available to Passengers, which can be accessed on the website and Mobile Application based on various research criteria (provenance, destination, dates, number of passengers, etc.). Certain additional functions are provided on the search engine when the Passenger or possibly their Representative connects to their Customer Account. OUIBUS invites the Passenger, or possibly their Representative, whatever booking method is used, to always consult and use this search engine in order to find the best offer to suit the Passenger’s requirements. The Passenger, or possibly their Representative, making a booking by telephone or at a Sales Point can also ask the operator of desk clerk to carry out this route search for them.
5.3 The Passenger recognises and accepts that the selection of Services and Supplementary Services suitable for their requirements is under their entire responsibility or that of the possible Representative.
5.4 The Passenger, or possibly their Representative, is informed that in the case of Ordering a return Ticket both journeys must be made by the same Passenger. Failing this, two one-way tickets should be ordered. 5.5 For some Lines, OUIBUS offers the chance to the Passenger, or possibly their Representative, to select a particular seat from a panel of specifically designed seats in each coach, with a price supplement of two (2) euro and subject to completing the Order on the Website, the Mobile Application or via re-direct from a Partner Website. This Supplementary Service is delivered by OUIBUS on condition that, on the day of travel, it has not proven necessary to place a Person with a Disability or Reduced Mobility or a pregnant woman in the seat selected by the Passenger or possibly their Representative. In the latter case, the Passenger will be repaid the price supplement by OUIBUS fifteen (15) days of the day of travel.
Provision of Personal Information
5.6 Any Order placed or purchase on board requires the gathering of information on the Passenger by OUIBUS which could possibly be qualified as personal data as well as data relating to a credit card (‘Personal Information’). This Personal Information is automatically filled in when the Passenger or possibly their Representative connects to their Customer Account, if they have one. The Passenger, or possibly their Representative, declares that the Passenger is fully aware of OUIBUS’ Confidentiality Charter and that they consent to this data collection under the conditions and for the purposes laid down in the said Confidentiality Charter.
5.7 The Passenger guarantees the veracity and exactitude of the Personal Information they or possibly their Representative provide during placing an Order or purchasing a Ticket on board. From this viewpoint, the Passenger is invited to ensure that the Personal Information stored on their Customer Account is updated. This guarantee does not apply when an inaccuracy in the Personal Information is the direct result of hacking that is not due to the fault or negligence of the Passenger or possibly their Representative, or from a failure by OUIBUS in the data collection, conservation and data protection for Personal Information.
5.8 The Personal Information and the details of the Order or the purchase on board are shown in the Travel Folder. Payment
5.9 The payment of any Order placed through the Website, Mobile Application, Partner Websites or by telephone is achieved by credit card or Purchase Voucher. The payment of any Order placed in a Sales Point and any purchase on board can be paid by credit card, cash or Purchase Voucher. The Passenger or possibly their Representative has the option to save data relating to one or more credit card(s) in a Customer Account in order to avoid having to enter all their card details every time for future purchases (other than the CVC number on the back of the card).
5.10 Payments authorised by credit card are as follows: • payment cards issued in France by Carte Bleue, MASTERCARD, VISA and MAESTRO; • payment cards issued in the European Union and the following countries: Algeria, Andorra, Argentina, Australia, Brazil, Canada, Chile, China, Colombia, Curaçao, Cyprus, Finland, Hong Kong, India, Indonesia, Ireland, Israel, Japan, Kosovo, Liechtenstein, Malaysia, Mexico, Monaco, Morocco, New Zealand, Norway, Peru, Republic of Korea, Russia, Serbia, Singapore, Switzerland, Tunisia, Turkey, United Kingdom, United States, Uruguay; • by EUROCARD, MASTERCARD, and VISA, iDeal and Bancontact. These payments are made through the 3D Secure safe payment system.
5.11 In the event of cancelling an Order, outside the Discount Card, the Passenger is reimbursed with a purchase voucher (‘Purchase Voucher’) in compliance with Article 11. This Purchase Voucher is sent to the e-mail address provided by the Passenger or possibly their Representative and, in the absence of an e-mail address, by any other means specified by the Passenger or possibly their Representative. The Purchase Voucher can be used for any purchase of Services or Supplementary Services on the OUIBUS sales channels. However, the Purchase Voucher cannot be used to pay for the purchase of the Discount Card. The validity of the Purchase Voucher cannot exceed four (4) months from its date of issue and may be used several times during this period. The Purchase Voucher cannot be used to buy special offer Tickets. If the value of the Purchase Voucher used is higher than the price to be paid on Order, the Passenger can re-use the initial Purchase Voucher code for the amount of the residual value.
5.12 Within the framework of sponsorship schemes or commercial campaigns, prize-winning games or promotional operations, the Passenger might receive promotional codes (‘Promotional Code’).
5.13 Outside of sponsorship schemes, the Promotional Codes are subject to specific rules laid down by OUIBUS for the operation in question.
5.14 In terms of sponsorship, the following rules apply to the Promotional Code:
• The sponsored person receives a Promotional Code worth five (5) euros that cannot be used in conjunction with other Promotional Codes, that cannot be used against promotional offers, or to purchase the Discount Card, associated to the sponsored person’s e-mail address and valid on just one travel folder, during four (4) months counting from issue, and only on the Website and Mobile Application; • The sponsor customer receives a Promotional Code worth five (5) euros, once the person they have sponsored has purchased and made their journey within the limit of ten (10) Promotional Codes per calendar year, i.e. the value of fifty (50) euros per year. This Promotional Code can be used in conjunction with other Promotional Codes, cannot be used against promotional offers, associated to the sponsor’s e-mail address and valid on just one travel folder, during four (4) months counting from issue, and only on the Website and Mobile Application.
• The allocation rules are as follows: the sponsored person must register on the Website using the code provided by their sponsor. The sponsored person must place their first Order on the Website. They must not have been a OUIBUS customer beforehand. The Sponsor’s Promotional Code is credited to their member account one day after the sponsored person has made their journey.
Confirmation of Order
5.15 No order can be confirmed until after full and confirmed payment of the Service and Supplementary Services selected by the Passenger or possibly their Representative. Should the payment fail, be incomplete or not made for some reason imputable to the Passenger or their Representative, the Order is immediately cancelled as per the provisions of Article 11.
5.16 Order confirmation is proven by the sending of an e-mail to the Passenger confirming all the details of the Order and providing the references of the Travel Folder, as well as, if applicable, the dematerialized Discount Card on which the Discount Card number appears.
5.17 The Passenger is invited to check the settings of their e-mail inbox and especially to ensure that the confirmation e-mail has not been sent directly into Spam.
5.18 Confirmation of the Order is definitive. Consequently, any modification will give rise to either an exchange or cancellation as per the provisions of Article 11, with the exception of the Discount Card in accordance with Article 8. It is up to the Passenger or possibly their Representative, to ensure the appropriate choice of Services and Supplementary Services in the light of the Passenger’s requirement. The exactitude of the Personal Information provided by the Passenger or possibly their Representative is their responsibility except in the case of proven failure by OUIBUS within the framework of collecting, preserving or protecting this Personal Information.
6. Direct purchases on board or purchases at airport
6.1 OUIBUS allows direct purchase of tickets on board the coach as long as there are seats available and only on certain lines.
6.2 This service by waiver gives rise to a supplement of five (5) euro on the price in force per Ticket the day of travelling.
6.3 Tickets purchased on board the coach cannot be exchanged or cancelled.
6.4 Other than the standard marketing methods, the Tickets relating to the Airport Shuttle service can be purchased at specific sales points located in the airport or directly on board the shuttle. These waived services may give rise to a supplement of two (2) euro on the Ticket price in force.
7. Transport and other documents
7.1 Following confirmation of the Order or direct Ticket purchase on the coach, OUIBUS will deliver a valid named travel document to the Passenger constituting proof of the Transport Contract between OUIBUS and the said Passenger (the ‘Ticket’).
7.2 OUIBUS issues two types of Ticket: e-Ticket and Paper Ticket. 7.3 The e-Ticket is delivered to the Passenger by e-mail for Orders placed on the Website, Mobile Application, via redirect from a Partner Website or by telephone or in the case of the purchase on board. In the event that the Passenger does not have an e-mail address, or refuses to give it, they are sent a Travel Folder number enabling them to download the Ticket from the Website. The e-Ticket is also stored in the Passenger’s Customer Account from where it can be downloaded. The e-Ticket is presented to the coach driver in electronic form or as a paper printout. The Passenger, having bought their ticket on board the coach, does not have to present an e-ticket.
7.4 The paper Ticket is issued at the Point of Sale.
7.5 The Services and Supplementary Services are only delivered to the Passenger named on the Ticket. Consequently, OUIBUS reserves the right to check the identity of the Passenger presenting their Ticket.
7.6 For International journeys, Passengers must carry the necessary documents to be allowed across the border(s) concerned. The Passengers are invited to tab related to travel documents on the Website prior to departure.
7.7 In the event of loss of Ticket or impossibility for the Passenger to present it to the driver, the Passenger will be invited to simply provide proof of identity.
8. Discount Card
- 1 The Discount Card, hereinafter referred to as “Ouiboost Card”, is a paying card allowing a twenty-five percent (25%) discount on Tickets outside the Tickets at the promotional rate. To benefit from the discount, the Customer or his Representative must enter the number appearing on the Ouiboost Card when placing the Order.
8.2 The Ouiboost Card is personal and non-transferable.
Conditions of validity
8.3 Any person aged at least 12 years old and who has not reached the age of 26 years when purchasing the card may benefit from a Discount Card.
8.4 The Ouiboost Card is valid for a period of one (1) year non-renewable, from the date of its activation. The Card is active as soon as the Order is placed and its validity period is indicated on the confirmation email. For Discount Card holders who acquired the Card after their 25th birthday, the validity period of the Ouiboost Card will in any case be limited to the day before the 26th birthday and may therefore be less than one (1) year.
8.5 The discount applies to all Lines except those operated by carriers with whom OUIBUS has entered into a distribution contract pursuant to which OUIBUS sells the Ticket to the Passenger or his possible Representative. Prices and terms related to the purchase of the Discount Card
8.6 A Customer Account is required to purchase a Discount Card.
8.7 The price of the Ouiboost Card is nineteen (19) euros.
8.8 The Card can only be purchased on the Website and the Mobile Application. Payment can only be made by credit card.
8.9 The Discount Card is not exchangeable and non-refundable.
9. Sanitary and administrative formalities
9.1 The sanitary and administrative formalities normally required to make a journey are shown on the OUIBUS Website the Mobile Application and the confirmation e-mail. It is up to the Passenger or possibly their Representative, to take note. Les information contained in the Website concerns European citizens (EEC).
9.2 The accomplishment and possible costs of any police, customs or Health formalities required for the trip, such as holding a passport, a national identity card, residential permit, visa, medical certificate, etc. are the Passenger’s responsibility.
9.3 For non-EEC Passengers, we strongly advise you to consult the relevant authorities in your country of origin, as well as the destination or transit country, prior to buying a Ticket.
9.4 OUIBUS cannot be held responsible for the Passenger’s inability to depart on the date indicated or to cross a border during the journey, if these events result from the Passenger’s failure to comply with formalities.
10.1 The prices of Services are displayed with VAT included as well as all relevant service costs and expenses. Prices include a number of hand baggage items and hold luggage defined in application of the provisions of Article 15.
10.2 Tickets Discounts for Babies and Children are applicable: • Children under 2 years old on the day of the trip can benefit from a baby fare corresponding to 50% of the normal fare. • Children between 2 years old and 12 years old on the day of the trip can benefit from a discount corresponding to 25% of the normal fare. • Ouiboost Card holders in accordance with Article 8.
10.3 Prices can be consulted through the calendar on the Website or Mobile Application. This information is provided by the Operator when booking by telephone, by the desk clerk if using a Point of Sale or by the driver in the event of a direct purchase on board.
10.4 OUIBUS updates the prices calendar in real time. The price of the Order or the purchase on board is the price applicable at the moment of confirmation of the Order or payment of the purchase on board, which is accepted by the Passenger or possibly their Representative by their confirmation.
10.5 The prices shown in the calendar are the lowest prices still available for the day in question. They are the prices per person valid for the month in question over the current year. The Passenger’s attention, or that of their possible Representative, is drawn to the fact that these prices may be standard prices, that can be exchanged or reimbursed in Purchase Vouchers, or promotional prices that cannot be exchanged or reimbursed.
10.6 In addition the possibility of purchasing a Ticket on board, OUIBUS makes other booking possibilities available to the Passenger, or their possible Representative, for people who do not have internet access or do not wish to book online. These optional services give rise to the application of the following price supplements over and above the price in force for a Ticket: • ten (10) euro supplement for telephone booking; and • five (5) euro supplement for booking at the sales desk.
11. Exchange or cancellation terms
11.1 Pursuant to Article L. 221-2 9° of the Consumer Code, agreements bearing on passenger transport services are excluded from the scope of articles L. 221-18 et seq. of the Consumer Code setting up a right of withdrawal for consumers in the event of remote sales or outside of the establishment.
11.2 Consequently, the Services and Supplementary Services provided by OUIBUS to the Passenger within the framework of this transport Contract can only be exchanged or cancelled under the contractual terms provided hereafter. Any other service provided by OUIBUS, which does not come under the passenger transport service or is not a direct accessory thereto will be subject to the right of withdrawal of articles L. 221-18 et seq. of the Consumer code under the conditions laid down in Appendix I of these GTC.
11.3 The exchange and cancellation conditions covered in this Article 11 only apply to standard price Tickets. Special offer Tickets can nether be exchanged or cancelled.
11.4 The Passenger must apply for exchange or cancellation at the latest thirty (30) minutes before the departure of the coach, as long, if exchange is requested by telephone, that this deadline comes within the opening hours of the call centre, in which case the deadline will be the time when the last call centre closure took place. The call centre is open from 9:00am to 5:00pm. By waiver, bookings made for more than ten (10) people that do not come within a group offer, can be exchanged or cancelled at the latest four (4) days before departure of the coach.
11.5 The exchange or cancellation of a Ticket gives rise to a withholding of three (3) euro, irrespective of the means used by the Passenger or possibly their Representative to carry out the exchange of cancellation of the Ticket. This withholding will be deducted from the Purchase Voucher issued for the exchange or cancellation.
Specific exchange conditions
11.6 The reason for the exchange can only be for one or more of the following Service features:
• the day and/or time of departure; and • the Supplementary Services.
11.7 In the event of modification of the day and/or time of departure, exchange will be accepted as long as seats are available on the new journey selected.
11.8 Supplementary Services can only be exchanged under the two following combined conditions:
• the replacement service is attached to a Ticket already ordered, valid for a coach where places are already open for booking; • the Supplementary Service is not described an non-exchangeable on the Website.
11.9 If the price of the new Ticket is higher than the price of the one being exchanged, the Passenger must pay the difference.
11.10 If the price of the new Ticket is less than the price of the one being exchanged, the Passenger will receive a Purchase Voucher for the amount of the difference.
Specific cancellation conditions
11.11 Cancellation can be reimbursed by the delivery of a Purchase Voucher for the amount of the Ticket, less the withholding mentioned in Article 11.5.
12.1 To travel in our coaches, minors of under 16 years old must be accompanied by an adult (aged 18 or over). However, minors aged 12 to 16 years old can travel alone within France if they are carrying an authorisation to travel, duly filled in and signed by their legal representative or guardian and an identity document (national identity card, passport or any document issued by an administrative body bearing a photograph that is identifiable). As from 16 years old, minors may travel alone.
12.2 For International Journeys, minors not accompanied by their parents must comply with the formalities pertaining to entry into another country where they are not nationals. The French or foreign minor residing in France must carry an authorisation to leave French territory, signed by the parents or legal custodian and a clear photocopy of an official document justifying the identity of the signatory. By waiver, the emancipated minor, on presentation of documentary proof of their emancipation, may embark on the coach and does not need to present such an authorisation to leave French territory.
13. Persons with a Disability or Reduced Mobility
Right to transport
13.1 In accordance with the legislation in force and in particular Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 on rights in bus and coach transport and amending Regulation (EC) No 2006/2004, the Person with a Disability or Reduced Mobility is informed of their right to transport subject to the following conditions.
13.2 The Person with a Disability or Reduced Mobility may not be refused a reservation, issue or supply of a Ticket or boarding on the grounds of their disability or reduced mobility.
13.3 No supplement can be required for their reservation or their Ticket.
13.4 Notwithstanding Article 13.2, the Person with a Disability or Reduced Mobility may be refused the reservation, the issue or the provision of a Ticket or the embarkation on board because of their handicap or their reduced mobility: • in order to meet applicable safety requirements established by international, Union or national law, or in order to meet health and safety requirements established by the competent authorities; • where the design of the vehicle or the infrastructure, including bus stops and terminals, makes it physically impossible to take on board, alight or transport the Person with a Disability or Reduced Mobility in a safe and operationally feasible manner.
13.5 In case of refusal to accept a reservation or to issue or provide a Ticket for the reasons indicated in Article 12.4, the Person with a Disability or Reduced Mobility concerned is informed of any acceptable alternative service operated by OUIBUS.
13.6 In the event that the Person with a Disability or Reduced Mobility who has a reservation or a Ticket and has complied with the requirements of Article 13.14, is nevertheless denied permission to ride on the grounds of their disability or reduced mobility, that person and any person accompanying them in accordance with Article 13.7, are offered the choice between: • the right to reimbursement, and where relevant a return service free of charge to the initial point of departure, as set out in the Transport Contract, at the earliest opportunity;
• continuation of the journey or re-routing by reasonable alternative transport services to the place of destination set out in the Transport Contract, except if this proves impossible. The right to reimbursement of the amount paid for the Ticket is not affected by the failure to notify under Article 13.14.
13.7 In the event that the Person with a Disability or Reduced Mobility is refused a reservation, the issue or supply of a Ticket or boarding on the grounds of their disability or reduced mobility for the reasons referred to in Article 13.4, that person may request to be accompanied by another person of their choice who is capable of providing the assistance they require so that the reasons referred to in Article 13.4 are no longer applicable. Such an accompanying person shall be transported free of charge and, where feasible, seated next to the Person with a Disability or Reduced Mobility.
13.8 In the cases referred to in Article 13.4, the Person with a Disability or Reduced Mobility is immediately informed of the reasons and may, upon request, be informed in writing within five (5) days of the request. Entry requirements
13.9 The Person with a Disability or Reduced Mobility may consult the applicable access conditions on the Site. These conditions are communicated in paper form to the Person with a Disability or Reduced Mobility should they request it.
Guide dogs for the blind or assistance
13.10 Pursuant to Article 88 of the law No. 87-588 of 30 July 1987, access to OUIBUS coaches is authorised for guide dogs to the blind or assistance dogs accompanying persons holding the card ‘mobility inclusion’ with the words ‘incapacity’ and ‘priority’ as mentioned in Article L. 241-3 of the Code of Social Action and Families or the person responsible for their education throughout their training period.
13.11 The presence of the guide dog or helper alongside the disabled person does not entail additional billing.
13.12 In application of Article L. 211-30 of the Rural Code, dogs accompanying persons with disabilities, regardless of the type of disability, motor, sensory or mental, and whose owners justify the education of the animal are exempted from wearing a muzzle in the OUIBUS coaches.
13.13 In the case of international journeys, the transport of guide or assistance dogs may be subject to compliance with mandatory prior formalities that the Person with a Disability or Reduced Mobility is invited to verify and respect.
Conditions under which assistance is provided
13.14 The assistance provided for in this Article is provided to the Person with a Disability or Reduced Mobility provided that: • the person’s need for assistance is notified to OUIBUS at least thirty-six hours in advance; and
• the Person with a Disability or Reduced Mobility and the other possible persons concerned will show up at the location indicated: i) at the time fixed in advance by OUIBUS, which will not precede the published departure time by more than sixty (60) minutes, unless OUIBUS and the Person with a Disability or Reduced Mobility have agreed on a shorter period; or ii) if no time is stipulated, no later than thirty (30) minutes before the published departure time.
13.15 In addition, the Person with a Disability or Reduced Mobility informs OUIBUS of their particular seating needs when booking or purchasing the Ticket in advance, provided that this need is known at that time.
13.16 OUIBUS makes every effort to facilitate the reception of notifications made by Persons with a Disability or Reduced Mobility indicating their need for assistance.
13.17 In the absence of the notification referred to in articles 13.14 and13.15, OUIBUS endeavours, to the extent possible, to provide the Person with a Disability or Reduced Mobility with the necessary assistance to get on, get their connections and get off for the service for which they have purchased a Ticket.
Compensation in respect of wheelchairs and other mobility equipment
13.18 Without prejudice to the stipulations of Article 15, OUIBUS will be liable should it cause the loss of or damage to wheelchairs, other mobility equipment or assisting devices.
13.19 The compensation referred to in Article 13.18 equals the cost of replacing or repairing lost or damaged equipment or devices.
13.20 Where necessary, OUIBUS will make every effort to rapidly provide temporary replacement equipment or devices. Wheelchairs, other mobility equipment or assistance devices shall, where possible, have technical and functional features similar to those lost or damaged.
14. Boarding and denied boarding
14.1 Unless otherwise specified by OUIBUS, the Passenger boards the coach at the boarding point indicated on the Ticket.
14.2 In order to guarantee safe boarding and observance of schedules, Passengers are invited to arrive at boarding no later than fifteen (15) minutes before the departure time indicated on the Ticket. Failing this, OUIBUS does not guarantee the transport of the Passenger presenting at boarding less than fifteen (15) minutes before departure in the event that this delay causes or is likely to create a risk in terms of safety or observance of schedules.
14.3 If the Passenger makes a trip abroad or from abroad, they must be equipped with:
• a valid national identity card or passport if resident in the Schengen area; • a valid passport if they do not reside in the Schengen area and enquire at the embassy or consulate concerned about the required visas, if any; • an authorisation to leave French territory for minors unaccompanied by a person holding parental authority.
14.4 OUIBUS reserves the right to refuse the Passenger for embarkation or to solicit the disembarkation of the Passenger during the trip in the following cases:
• if the Passenger is not in possession of a Ticket and a valid identity document; • if the Passenger does not comply with applicable regulations or obligations arising from these GTC and in particular those referred to in Article 17; • if the Passenger fails to comply with the luggage limitations referred to in Article 14; or • if the transport or the continuation of the transport of the Passenger clearly threatens safety. 13.5 In the cases referred to in Article 13.4, OUIBUS is in no way bound to the total or partial refund of the Ticket or any form of compensation.
15.1 All the Passenger’s luggage, whether hand held or in the hold, must comply with the requirements of Article 18. The Passenger undertakes that their personal effects placed in the hold do not exceed the value of one hundred and fifty (150) euro per checked baggage.
15.2 Passengers are informed that baggage is limited to two (2) carry-on baggage which can be placed in the storage spaces above the seats or under the occupied seat. Passengers can board with two (2) checked cases at no additional charge.
15.3 Luggage placed in the hold must not exceed a maximum weight of twenty (20) kilograms and a cumulative size of two hundred (200) centimetres (length + width + depth).
15.4 OUIBUS reserves the right to refuse the carriage of luggage that does not comply with the conditions articles 15.1, 15.2 and 15.4.
15.5 Luggage must be tagged with the name, telephone number and address of the Passenger concerned. The Passenger may also include their e-mail address. The Passenger may also include their e-mail address. Luggage labelling is the responsibility of the Passenger and only of the Passenger. 15.6 All checked luggage shall be suitably packed in suitcases, protective covers, bags or other suitable containers that are resistant to normal handling. Fragile items must be specially packaged and marked. Luggage packaging is the sole responsibility of Passengers.
15.7 For safety and/or security reasons and/or at the request of the authorities, the Passenger may be called upon for an inspection of their luggage. If the Passenger refuses to comply with such a request, OUIBUS may refuse to carry them and their luggage.
15.8 Loss or damage to luggage due to an accident resulting from the use of the coach, shall be compensated by the carrier for any damage for which it is proven liable.
15.9 Luggage losses and damage in the hold must be the subject of: • reservations issued by the Passenger to the driver; • filing a complaint with a police station (except where theft of luggage is to be excluded); • confirmation by registered mail with acknowledgement of receipt to the address indicated in Article 21, at the latest 15 days after the end of the Trip.
Failing completion of the aforementioned steps, no claim will be accepted by OUIBUS. However, the Passenger will retain the opportunity to submit their complaint to the mediator or via the online dispute resolution platform referred to in Article 21 or to exercise any judicial recourse before the competent courts.
15.10 In the event of a complaint duly made under the conditions of Article 15.9, the Passenger must provide all the necessary proof (invoices for the purchase of the goods transported in the luggage, photograph of the goods, etc.) to request any compensation, without which their request may well be refused by OUIBUS without prejudice to the possibility for the Passenger of address the mediator or the online dispute resolution platform referred to in Article 22 or the competent courts.
16.1 Except for guide or assistance dogs, no animals are allowed on board.
17. Delay and cancellation
17.1 OUIBUS undertakes to use its best efforts to respect the times indicated on the Passenger Ticket.
17.2 In the event that OUIBUS could reasonably expect the trip to be cancelled or that the departure from a station to be delayed by more than one hundred and twenty (120) minutes or in case of overbooking, the Passenger will be offered the choice between: • continuation or re-routing to the final destination, at no additional cost and under comparable conditions, as set out in the transport Contract, at the earliest opportunity;
• reimbursement of the ticket price, and, where relevant, a return service by bus or coach free of charge to the initial point of departure, as set out in the transport Contract, at the earliest opportunity.
17.3 In the event that OUIBUS is unable to offer the Passenger the choice referred to in Article 17.2, the Passenger shall be entitled to compensation equivalent to fifty (50) per cent of the Ticket price, in addition to the reimbursement referred to in Article 17.2. This amount will be paid by OUIBUS in the month following the filing of the compensation claim by the Passenger.
17.4 In the event that the coach becomes unusable during the trip, OUIBUS will either offer the continuation of the Service and the Supplementary Services, in another vehicle, from the point where the vehicle is immobilised, or transportation between the point where the vehicle is immobilised and a suitable waiting point or station where the continuation of the journey becomes possible.
17.5 When the Service is cancelled or if the departure of a bus stop is delayed more than one hundred and twenty (120) minutes, the Passenger has the right to continue the journey or to re-route or refund of the Ticket price by OUIBUS as per Article 17.2 above.
17.6 Reimbursement of the Ticket provided for in Article 17.2 and 17.5 is achieved within fourteen (14) days after the offer has been made or the request has been received. The reimbursement shall cover the full cost of the ticket at the price at which it was purchased, for the part or parts of the journey not made, and for the part or parts already made if the journey no longer serves any purpose in relation to the passenger’s original travel plan. In case of travel passes or subscription, the payment shall be equal to its proportional part of the full cost of the pass or subscription. The reimbursement shall be paid in cash, unless the passenger accepts another form of reimbursement.
17.7 In the event of a cancellation or delayed departure of a Trip, the Passenger leaving from the station shall be informed of the situation by OUIBUS as soon as possible and in any case no later than thirty (30) minutes after the expected departure time, as well as the estimated time of departure, as soon as this information is available.
17.8 If the Passenger misses a schedule-based connecting service due to cancellation or delay, OUIBUS will make reasonable efforts to inform the Passenger concerned of other available connections.
17.9 The information required under Article 17.7 and 17.8 communicated by OUIBUS by e-mail to the address provided by the Passenger, who expressly agrees to be informed by this means. Otherwise, OUIBUS will make its best efforts to inform the Passenger based on the contact details that the latter has made available to it.
17.10 In the event of cancellation or delayed departure from a station by more than ninety (90) minutes for a trip whose expected duration exceeds three (3) hours, OUIBUS will offer the Passenger free of charge: • snacks, meals or refreshments in reasonable relation to the waiting time or delay, provided they are available on the coach or in the station, or can reasonably be supplied; and • except in case of cancellation or delay due to severe weather conditions or major natural disasters compromising the operation of the service, a hotel room or other form of accommodation and assistance to ensure transport between the station and the accommodation if a stay of one night or more is required. The total cost of accommodation will be limited to eighty (80) euro per night and for two nights at most, not including two-way transportation between the station and the accommodation.
17.11 The stipulations of this Article 16 do not limit the possibility for the Passenger to apply to the competent courts to claim compensation for the prejudice resulting from the cancellation or delay.
18. Health and safety on board
18.1 OUIBUS implements appropriate means to ensure the safety of Passengers.
18.2 In this context, the driver of the coach takes the necessary measures to ensure the safety of the Passengers and gives, if necessary, instructions to the Passengers, who are expected to comply with them.
18.3 Stops are left at the initiative of the carrier or the driver to meet safety obligations and comply with social regulations regarding drivers’ driving and rest times.
18.4 The carriage of dangerous or illegal goods is prohibited on OUIBUS coaches on board or in the hold, such as: • narcotics; • weapons; • inflammable substances; • batteries with electrolyte; • fireworks, firecrackers, Bengal lights, distress flares, dummy guns, fire-lighters, tear gas; or • camping stoves, gas bottles, scuba oxygen tanks.
18.5 On the coach, the Passenger undertakes to comply with the following rules: • do not speak to the driver while driving; • fasten your seatbelt; • do not walk in the centre aisle during the trip, except to go to the toilet; • comply with all safety instructions transmitted by the driver or the passenger information system; • obligation not to be under the effects of alcohol; • no smoking, vaping, narcotics and/or alcohol consumption; • respect the cleanliness of your surroundings and equipment; • seat in the place indicated by the driver; • behave calmly and silently; • keep any mobile phone in ‘silent’ mode during the whole Trip; • do not use loud or audible devices (unless using a headset); • for Passengers accompanied by minors, they must keep them under their responsibility and exercise special supervision so as to ensure continuous compliance with the safety rules on board.
18.6 During stops, the Passenger must respect the following rules: • get off the bus during breaks when requested by the driver or any police or customs authority so requests; • if driver authorises Passengers to remain on the coach during breaks, refrain from disturbing the driver during this break; • remain on board the coach at stops if the final destination is not reached, unless otherwise indicated by the driver; • do not remove baggage from the hold during the Trip, except in duly justified cases (e.g.: medical obligation); • respect the fixed duration of the stops, the driver has right to restart in the event that a Passenger does not respect the duration of the set stop, without being held responsible for the absence of said Passenger.
19.1 OUIBUS undertakes to use all its competences and resources to satisfy the Passenger during the performance of its contractual obligations.
19.2 OUIBUS’ liability can only be claimed by the Passenger under the terms of ordinary law.
19.3 Consequently, OUIBUS may be held liable in the event of breach of one of its contractual obligations except in the case of force majeure preventing the performance of the obligation in question, namely an event beyond the control of OUIBUS that could not be reasonably foreseen on signing the Contract and the effects of which could not be avoided by appropriate measures in accordance with the legal definition of Article 1218 of the Civil Code.
19.4 OUIBUS’ liability can only be claimed if the situation constitutes the immediate and direct effect of non-performance invoked by the Passenger.
19.5 In any event, OUIBUS can only be held liable for foreseeable damages when signing the Contract and within the specific limits provided for in this Contract.
20.1 OUIBUS provides an online assistance and complaint form available on the Website in the ‘Help and contact’ section.
20.2 For any request relating to follow-up of their Order, the Passenger, or their possible Representative, may contact Customer Service via the online form or by telephone, 09 69 32 33 48 (price of a local call), from Monday to Saturday, from 9:00am to 8:00pm. For other countries, the number is: Belgium: 070 300 42 (maximum EUR 0.30/min, from a landline), Netherlands: 0900 0401 625 (EUR 0.0357/min), Great Britain: 0844 369 0 379 (05p / min, plus network extras), Italy: 848 350 026 (EUR 0.0619/ call + EUR 0.0216/ minute).
21.1 OUIBUS provides Passengers with a complaints procedure, which does not exclude mediation or the online dispute resolution platform of Article 22 or referral to the judicial courts which remain at the disposal of the Passenger regardless of the follow-up given by OUIBUS to any claim. 21.2 Any claim must be made either by using the online contact form referred to in Article 19 or by registered mail with acknowledgement of receipt at the following address: C6 – Customer Service – 38 rue de Seine – 94400 Vitry-sur-Seine (France).
21.3 The complaint must be sent within three (3) months from the date of the event and be accompanied by the original Ticket, otherwise it will not be processed by OUIBUS and without prejudice to the right of the Passenger to refer to the mediator or the online dispute resolution platform referred to in Article 22 or any court competent to deal with the complaint.
21.4 To ensure maximum efficiency in the processing of their claim, the Passenger is invited to specify their identity and detail the reasons and circumstances of their claim.
21.5 OUIBUS undertakes to inform the Passenger of the status of their complaint (accepted, rejected or still under examination) within one (1) month of receipt of the complaint. In any case, a definitive reply is sent to the passenger within three (3) months from receipt of the complaint.
22. Mediation and dispute resolution online
22.1 Pursuant to articles L. 612-1 and L. 616-1 of the Consumer Code, the Passenger is informed that they can appeal to the Consumer Mediator who will be the Mediator of Tourism and Travel and whose the contact details are as follows:
MTV Médiation Tourisme Voyage BP 80 303 75 823 Paris Cedex 17 www.mtv.travel The platform to refer to this mediator is accessible from the following link: http://www.mtv.travel/index.php?page=saisine-du-mediateur 22.2 Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Passenger is informed of the possibility of approaching the Online Dispute Resolution Platform (ODR) made available by the European Commission and accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. 22.3 The Passenger is reminded that they can contact OUIBUS electronically via the form available at: https://fr.ouibus.com/reclamation.
23.1 In addition to the assistance guarantees subscribed by OUIBUS under these GTC and the compulsory insurance provided by OUIBUS, the Passenger is invited to take out any additional insurance policy and in particular an assistance contract covering certain specific risks, particularly repatriation costs in case of accident or illness.
24. Intellectual property
24.1 All the elements, all the contents present on the Website and the Mobile Application or the documents transmitted by Ouibus are protected by intellectual property right and are the property of Ouibus or its partners. Any act of exploitation of these elements, contents or documents not authorised by Ouibus (reproduction, representation, extraction, re-use, etc.), in all or part, constitutes counterfeiting eand is liable to civil and penal liability proceeding against its perpetrator.
24.2 The license for the use of the Website and the Mobile Application that is granted is limited to access and use, solely for the personal use of the Passenger or possibly their Representative. The Passenger or their possible Representative is not authorised to download or modify all or part of the Website or the Mobile Application without the prior written and express approval of OUIBUS.
24.3 Under no circumstances does this license allow use, for sales or any other commercial use, of the Site or the Mobile Application and the related content (products listed, descriptions, prices, download or copy information for the account another trader, use of data, software, sound clips, graphics, images, text, photographs, tools, extraction and re-use of the contents of the databases).
24.4 The Website and the Mobile Application or any part thereof may not be reproduced, copied, sold or exploited for commercial purposes without our express written permission. It is forbidden to use techniques allowing copying of a trademark, a logo or any other information (notably images, text, models) of which OUIBUS is owner without the express and written agreement of OUIBUS.
25. Protection of privacy
25.1 The Passenger acknowledges having consulted the OUIBUS Confidentiality Charter available on the Website or on request and accepts the terms of this Charter without reservations.
26. Contractual Documents
26.1 The Contract consists of the following contractual documents: • the Ticket; • these General Terms and Conditions of Sale; and • the Confidentiality Charter.
26.2 In case of contradiction or discrepancy between the stipulations of two or more of the documents, the stipulation of the superior document in rank will prevail (e.g.: Ticket prevails over GTC of Sale; GTC of Sale prevails over Confidentiality Charter).
26.3 No mention made by the Passenger or their possible Representative, on any document other than, if applicable, their signature will be considered as contractual unless expressly accepted by OUIBUS.
26.4 The contractual documents referred to above represent the entirety of the commitments existing between the Parties. These contractual documents replace and cancel any previous oral or written commitment relating to the Order in question.
27.1 The titles used in the GTC are only provided for convenience and shall not affect the meaning or structure of the provisions herein.
27.2 In case of difficulty of interpretation resulting from a contradiction between any of the headings of the clauses and the clauses themselves, the titles will be declared non-existent.
28.1 If one or more stipulations of the GTC have been declared void, unwritten or unenforceable by law, by a regulation or following a final decision of a competent court, this or these stipulation(s) shall or should be considered as detachable from the GTC. The other stipulations of the GTC will be considered valid and will remain in force, unless one of the Parties demonstrates that the stipulation(s) cancelled is (are) essential and determinant, and without which it would not have contracted.
29.1 Failure by either Party to claim on a breach by the other Party of any of its obligations under the Contract shall not be construed as a waiver of performance of the obligation in question in the absence of prescription.
30. Applicable law and jurisdiction
30.1 This Contract is subject to French law.
30.2 Any dispute concerning its interpretation and/or fulfilment is a matter for the French courts.
Right of withdrawal on certain specific services other than passenger transport and its supplementary services
According to Article 11.2, consumers are likely to benefit from a right of withdrawal on any possible service provided by OUIBUS, that would not be part of, or be the direct accessory to, the passenger transportation service (hereinafter ‘Service Subject to Withdrawal’).
In the event of a Service Subject to Withdrawal, the consumer is invited to read the information below.
The consumer has a period of fourteen (14) calendar days (hereinafter ‘Withdrawal Period’) to exercise their right of withdrawal without having to justify their decision, nor to bear other costs than those provided for in this article.
The Withdrawal Period runs as of the date the Contract is confirmed. The day of the date of confirmation of the Contract is not taken into account in the calculation of the Withdrawal Period, which starts at the beginning of the first hour of the first following day and ends at the end of the last hour of the last day of the Withdrawal Period. When the Withdrawal Period expires on a Saturday, Sunday, pubic holiday or other non-working day, it will be extended to the next working day.
To exercise their right of withdrawal, the consumer informs OUIBUS of their decision to retract by sending, before the expiry of the withdrawal period, the form enclosed in Appendix I below, duly filled in or any other document expressing their unambiguous desire to withdraw.
The burden of proof for the exercise of the right to withdraw falls on the consumer, who is invited to take all the necessary measures to ensure the effectiveness of this proof.
OUIBUS will refund the consumer within fourteen (14) calendar days from the date on which OUIBUS is informed of the consumer’s decision to withdraw.
OUIBUS will reimburse using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another means of payment and to the extent that reimbursement does not incur charges for the consumer.
If the consumer wishes that the fulfilment of the Service Subject to Withdrawal begins before the end of the Withdrawal Period, the consumer is invited to present this request to OUIBUS. The consumer who has exercised their right of withdrawal in the latter case where performance of the service has begun at their express request before the end of the withdrawal period shall pay OUIBUS an amount corresponding to the service provided until communication of the decision to withdraw. This amount will be proportionate to the total price of the service as per the Contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided. No sum will be payable by the consumer having exercised their right of withdrawal if their express request has not been made.
The exercise of the right of withdrawal terminates the obligation of the parties to fulfil the Contract. The exercise of the right of withdrawal of a main Contract automatically terminates any supplementary contracts at no cost to the consumer other than those provided for in articles L. 221-23 to L. 221-25 of the Consumer Code.