Terms and Conditions
1. General Conditions of Use
1.1 Scope and definitions
These General Conditions of Use apply to all services provided by Echangersamaison SAS (a company registered in France under company number RCS Paris B 534 910 617) whose registered office is at 14 rue Ernest Psichari 75007 Paris, France (“ESM”).
ESM owns and operates the www.Shareyourcommute.com website.
ESM owns and operates the www.Shareyourcommute.com website. ESM also operates several other websites offering similar or associated services including www.Shareyourcommute.es www.Shareyourcommute.it www.Shareyourcommute.nl www.Shareyourcommute.pt and www.Shareyourcommute.pl. These websites are collectively referred to as “the Site”.
- "Car Sharing" means the sharing of a Vehicle for a Trip by a Driver carrying a Passenger for that Trip in exchange for a Cost Contribution.
- "ESM" means Echangersamaison SAS, the company maintaining the car sharing services on the Site and any of its partners or group or associated companies.
- "Cost Contribution" means the amount agreed between the Driver and the Passenger in relation to the Trip which is payable by the Passenger as their contribution towards the costs of the Trip.
- "Driver" means the person using the Site to offer to share a car journey with a Passenger and to transport that Passenger to a given destination at an agreed time in exchange for the Cost Contribution.
- "Leg" refers to a section or part of a Trip offered for separate booking by a Passenger as set out in the Conditions.
- "Member" refers to a Passenger, Driver or any other user of the Site.
- "Passenger" means a person who has accepted an offer to be transported by a Driver.
- "Service" refers to any service provided by the Site to any Member.
- "Site" means www.Shareyourcommute.com, www.Shareyourcommute.es, www.Shareyourcommute.it, www.Shareyourcommute.nl www.Shareyourcommute.pt and www.Shareyourcommute.pl and any other website maintained or operated by ESM which offers similar services including any microsites or sub-sites offered through any such website (e.g. "Agenda" and "Campus").
- "Trip" means a given journey in relation to which a Driver and a Passenger have agreed a transaction through the Site.
- "User Account" means an account with the Site opened by a Member and used in order to access the Service provided by the Site.
- "Vehicle" means the vehicle offered by a Driver for Car Sharing.
1.2 Acceptance of Conditions
These terms apply to any use of the Site whatsoever. By using the Site, Members accept these Conditions in full, even if a Member does not create a User Account.
In the event that any Member fails to comply with any of the Conditions ESM reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that Member without notice.
1.3 Variation of the Conditions, the Site and Service
ESM reserves the right to modify the Conditions at any time. In addition, ESM may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Members.
Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.
Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
2. Use of the Service
2.1 User Account and Accuracy of Information
In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by ESM. In particular, Members will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 at the time of registration.
Members agree and accept that all of the information they provide to ESM when setting up their User Account and at any other time will be true, complete and accurate in all respects. Members also agree that any information supplied to ESM or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true accurate and complete.
ESM will not be liable to any Member in the event that any information provided by a Member (including for the avoidance of doubt expressed by another Member) is incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by ESM, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.
2.2 No Commercial activity and Status of ESM
The Site and the Services are strictly limited to providing a Service for Drivers and Passengers to car share in a private capacity. The Services may not be used to offer or accept car sharingfor profit or in any commercial or professional context.
Drivers may not profit from any Trip. The Service and the Cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Driver and Passenger.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Passenger).
All Trips, collection points and destinations must be pre-agreed through the Site in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passenger through the Site.
Members are reminded that using the Site in a commercial or professional capacity may invalidated a Driver’s insurance. ESM’s liability is limited in accordance with these terms and in particular ESM is not liable in respect of any breach of any agreement between Members or breach by a Member of these Conditions including where any Driver (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Members to be vigilant in ensuring that services are not provided on a commercial basis.
Status of ESM
Neither ESM nor the Site provide any transport services. The Site is a communications platform for Members to transact with one another. ESM does not interfere with Trips, destinations or timings. The agreement for car sharing is between the Driver and the Passenger. ESM is not a party to any agreement or transaction between Members, nor is ESM liable in respect of any matter arising which relates to a booking between Members. ESM is not and will not act as an agent for any Member.
Any breach of these Conditions will give rise to immediate suspension of a Member’s User Account and they may be restricted from accessing any further Services.
2.3 Types of Booking and Payment
ESM offers a free service which allows Members to contact each other to arrange a car share.
ESM’s service is free of charge. The Passenger will contact the Driver directly to arrange a car share and any conditions of travel (including size of luggage, whether smoking is permitted, whether pets are permitted, whether music can be played etc). Members accept that given the nature of the service and the fact that it is free of charge Drivers and Passengers will have no recourse to ESM for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up or non-payment of the Cost Contribution.In particular it is the Driver’s responsibility to collect payment from the Passenger at the time of the Trip.
ESM will not contact either party and will take no steps whatsoever to manage the booking.The service is managed by Drivers and Passengers
Please note that ESM reserves the right to change any aspect of the Site or its service which may include adding new services (which may require payment) or withdrawing services.
2.4 Driver and Passenger obligations
The Driver agrees:
- That they will present themselves on time and at the place agreed with the specified vehicle;
- That they will immediately inform all Passengers of any change whatsoever to the Trip. If one or more Passengers have made a booking and the Driver decides to change any aspect of the Trip, the Driver undertakes to contact all Passengers who have made a booking in relation to that Trip and to obtain the agreement of all Passengers to the change. If a Passenger refuses the change, they are entitled to a full refund and without any compensation being paid to the Driver.
- The Driver must comply with the Good Conduct Charter at all times.
- The Driver must wait for the Passenger at the pickup point for at least 30 minutes after the agreed time (however, the Passenger is expected to be punctual).
The Passenger agrees:
- That they will present themselves on time and at the place agreed with the Driver;
- That they will immediately inform the Driver or ESM if they are required to cancel a Trip.
- That they will comply with the Good Conduct Charter at all times.
- The Passenger agrees to wait at the pickup point for at least 30 minutes after the agreed time for the Driver to arrive.
- That they will pay the Cost Contribution to the Driver.
If the Passenger or Driver fail to comply with any of these terms or any other Conditions ESM reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the Site.
The Driver agrees and undertakes that they will take out and maintain insurance to cover the Trip and any car sharing offered or booked through the Site (including for the avoidance of doubt insurance to cover any international or overseas part of a Trip). The Driver agrees that they will, on request, provide the Passenger with evidence in advance of the Trip of the complete validity of its insurance policy. The Driver also undertakes to hold a valid driving licence and that the Driver will own or will be entitled to use the vehicle and that the vehicle will have a valid MOT certificate and the Passenger is entitled to request evidence of the Driver’s insurance, registration certificate (‘log book’), driving licence and MOT certificate at any time up to completion of the Trip.
It is ESM’s understanding that most insurers take the view that a Passenger who contributes only towards travel expenses is treated as travelling for free, and is therefore a third party passenger who is covered by compulsory third party insurance in the United Kingdom. However ESM gives no warranty or assurance in this regard and it is the Driver’s responsibility to verify that their insurance provides adequate cover.
It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance. The Driver must confirm that their insurance policy allows them to carry passengers and that their insurance policy covers all Passengers and any accident or incident which may occur during a Trip.
The Driver and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit.
The Driver may collect no payment from the Passenger other than the Cost Contribution and the Driver must not in any event make a profit.
The Driver therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, MOT, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Passengers does not result in any profit.
If the Driver does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Tripfor any other reason the Driver will be responsible for the financial consequences,losses and damages arising and ESM will not be liable under any circumstances to the Driver or the Passenger.
ESM reserves the right to suspend immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity.
2.6 Management of disputes between Members
ESM shall provide its Members with an online service for resolving disputes. This service is non-binding. ESM is under no obligation to seek to resolve disputes and this service is offered at ESM’s sole discretion and may be withdrawn at any time.
If any dispute is not settled, ESM reserves the right to retain any sums paid by the Passenger until an amicable agreement has been reached between the Passenger and the Driver or a definitive judicial decision has been made.
2.7 Verification of phone number
In order to increase trustworthiness, prevent typos and wrong numbers, any Member can verify their mobile number. The Member may do this by providing ESM with their mobile phone number, after which the Member will receive a SMS with a 4-digit code which can be validated on the Site.
This service is free of charge, except for the possible cost levied by a Member’s mobile phone operator for receivingthe SMS.
2.8 International Trips and International Bookings
Bookings may be made through the Site for international Trips. An International Trip means any Trip whichincludes any travel outside of the United Kingdom. If a booking is made for an International Trip Drivers must ensure that their insurance covers travel outside of the United Kingdom. The Driver must also ensure that their vehicle is compliant with all relevant rules and restrictions applicable in any overseas country.
ESM is not a party to any agreement between a Driver and Passenger and will not be liable to either party unless the loss or damage incurred arises due to ESM’s negligence
ESM shall not be liable for any loss or damage arising as a result of:
- Any inaccurate or incomplete information being provided by a Member;
- The cancellation of a Trip by a Driver or Passenger;
- Any failure to make payment of a Cost Contribution (for the free service without booking);
- Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Driver or Passenger before, during or after a Trip.
ESM will not be liable to any member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by ESM except in the case of fraud, wilful concealment or theft.
ESM’s liability to any Member for all losses in respect of any Trip is capped at the sum of £25.
ESM will not be liable to any Member in relation to any Trip unless ESM is notified of a claim relating to that Trip within 3 months of completion of the Trip.
Given that Drivers are required to hold valid insurance to cover a Trip and given that ESM’s service is limited to putting Drivers and Passengers in touch with each other and cannot oversee any Trip Members accept that the limitations on the ESM’s liability set out above are reasonable.
4. General Terms
4.1 Suspension or withdrawal of Site access
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that ESM can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site (including in particular your User Account).
4.2 Intellectual property
The format and content of this Site is protected by United Kingdom and international copyright and ESM reserves all of its rights in relation to our copyright whether owned or licensed to us.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to ESM) which appear on the Site.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ESM. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of ESM. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited
4.3 Content of the Site provided by the Members
By displaying content on this site users expressly grant a licence to ESM to display the content and to use it for any of our other business purposes.
Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to ESM’s policy and ESM does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify ESM in relation to any liability it may suffer as a result of any such content. However as soon as ESM becomes aware of infringing content, ESM shall do everything it can to remove such content from the Site as soon as possible.
4.4 Partner sites
ESM reserves the right to reproduce any information that appears on the Site or on the partner sites.
In particular, ads published on one of the sites maintained or co-maintained by ESM may be reproduced on other sites maintained or co-maintained by ESM or third parties