General Terms and Conditions of Sale
The company SAS Le Porte Bagages
SAS with a capital of €10,000, headquartered at 5 Allée du Docteur Bouley, 21200 Beaune, registered under RCS DIJON B 829 490 184, VAT number FR 69829490184
Phone: +33 (0)6 02 94 16 55
Email: leportebagage@gmail.com
The company Le Porte Bagages carries out regulated freight and passenger transport activities. It is registered in the register of passenger and freight carriers maintained by the prefect of the Côte d'Or department and managed by the DREAL, and holds the necessary licenses for its activities.
Article 1 - PURPOSE AND SCOPE
These conditions aim to define the terms of execution by a "Transport and/or Logistics Operator," hereinafter referred to as Le Porte Bagages, of activities and services related to the physical movement of shipments and/or management of flows of goods, packaged or not, of all kinds, from all origins, to all destinations, for a freely agreed price ensuring fair remuneration for the services provided.
Any commitment or transaction with "Le Porte Bagages" implies acceptance, without any reservation, by the customer of the conditions defined below.
Regardless of the transportation technique used, these conditions govern the relationship between the customer and "Le Porte Bagages".
"Le Porte Bagages" provides the requested services under the conditions provided, notably in Article 7 below.
No specific condition or other general conditions from the customer can, unless formally accepted by "Le Porte Bagages," prevail over these conditions.
Le Porte Bagages refuses: goods that could cause harm to people, equipment, the environment, other transported goods, and those that would represent risks for transportation that it would deem unacceptable, in particular all goods listed below without limitation:
Jewelry, watches composed even partially of precious metals, pearls, precious and semi-precious stones, gold or silver in ingots, coins, powder form as cyanide or residue, or any other mineral form, platinum and other precious metals, means of payment, banknotes, checks, credit cards, currencies, stocks, bonds, coupons, meal vouchers, holiday vouchers, gift vouchers, active phone cards, discount vouchers, securities and values of any kind, coins from any state, tax stamps, postage stamps, lottery and PMU tickets, responses to tenders or pre-qualification files in the context of market allocation;
Photographs, negatives, plans, tracings, magnetic tapes for which the customer has not previously retained a copy in order to be able to reconstruct or recompose (no liability of the O.T.L. could be invoked due to the impossibility of reconstruction or the reconstruction times of the shipment), identity documents, visas, residence permits, vehicle registration certificates;
Furs, works of art, sculpture or painting, antiques, paintings, curiosities or collectibles, documents and samples whose market or conventional value is disproportionate to their intrinsic value;
Plants, living or dead beings, human remains, funeral urns, perishable goods and products (excluding medical products);
Firearms, military equipment and documents, pornography, alcohol, tobacco, narcotics, products not allowed for importation into the destination country;
Goods classified as dangerous by conventions, laws or regulations in force, and in particular those meeting the criteria and prescriptions of the ADR (amended decree of June 1, 2001) and ICAO-IATA.
Harmful, irritating, sensitizing, carcinogenic, mutagenic, toxic to reproduction, or environmentally hazardous substances and preparations.
If a customer entrusts such items to Le Porte Bagages, they must indemnify Le Porte Bagages for all claims, damages, interest, and expenses resulting from them, and Le Porte Bagages would have the right to dispose of such items as it deems appropriate, including the right to immediately abandon their shipment.
Article 2 - DEFINITIONS
For the purposes of these General Conditions, the following terms are defined as follows:
2-1. - Customer: by customer, we mean the party contracting the service with Le Porte Bagages.
2-2. - Parcel: by parcel, it means an object or a material set consisting of several objects, regardless of weight, dimensions, and volume constituting a unit load at the time of shipment (tray, cage, crate, canteen, box, container, envelope, bundle, barrel, package, strapped or wrapped pallet, roll, bag, suitcase, etc.) packaged by the shipper before pickup, even if the contents are detailed in the transport document.
2-3. - Shipment: By shipment, we mean the quantity of goods, including packaging and load carriers, actually made available to the Transport and/or Logistics Operator and whose transport is requested by the same customer for the same consignee from a single loading point to a single unloading point and listed on the same document.
Article 3 - PRICES OF SERVICES
3-1. - All prices displayed on the Le Porte Bagages website are inclusive of all taxes at the rate in force at the time of service provision (20% for Freight transport and 10% for Passenger transport).
3-2. - Prices are calculated based on the information provided by the customer, taking into account, in particular, the services to be performed, the nature, weight, and volume of the goods to be transported, and the routes to be taken. Quotations are established based on the exchange rates at the time the quotations are given. They also depend on the conditions and rates of substitutes as well as on the laws, regulations, and international conventions in force. If one or more of these basic elements were to be modified after the quotation is provided, including by Le Porte Bagages' substitutes, opposable to the latter and upon proof provided by the latter, the originally given prices would be modified under the same conditions. The same would apply in the event of an unforeseen event, whatever it may be, resulting notably in a modification of one of the elements of the service. Among others, the price of fuels, the variation of which must be taken into account, in accordance with the provisions of articles L.3222-1 and L.3222-2 of the transport code.
3-3. - Prices do not include duties, taxes, fees, and taxes due under any regulations, including tax or customs regulations (such as excise duties, entrance duties, stamps, etc.).
3-4. - The initially agreed prices are renegotiated at least once a year on the anniversary date of the contract. They are also revised in the event of a significant variation in Le Porte Bagages' charges, charges which usually arise from conditions outside Le Porte Bagages, such as fuel prices as mentioned in the previous paragraph (3.1). If the parties fail to agree on new pricing conditions, each of them may terminate the contract under the conditions defined in Article 12 below.
3-5. - Invoices will be issued monthly with a payment request within 30 days. In addition, any invoice recovered through legal action will be increased as a penalty clause by an indemnity set at 10%, with a minimum of €150.
3-6 Prices can be adjusted upwards or downwards to take into account variations in the cost of transport (fuel/energy), fees and taxes and exchange rates. The Customer will be informed of any increase in the total transport price as soon as possible. This increase will apply in full to the part of the price concerned.
For any increase greater than 8%, the Customer will receive on a durable medium the details of the price variation, its consequences on the price of the package, the choice available to him to accept or refuse within a reasonable time and consequences of the lack of response.
Article 4 - INSURANCE
SAS Le Porte Bagages declares that it has taken out Civil Liability insurance with:
GROUPAMA
Policy Number: 420550250001
Article 5 - PERFORMANCE OF SERVICES AND RESERVATIONS
The client is required to provide timely and precise instructions to Le Porte Bagages for the execution of transport services and related logistical services. Le Porte Bagages is not obligated to verify the documents (commercial invoice, packing slip, etc.) provided by the client. Any specific delivery instructions (cash on delivery, etc.) must be provided in writing for each shipment and expressly accepted by Le Porte Bagages. In any case, such instructions are considered accessory to the main transport and/or logistical service. No reservations will be accepted via telephone messages.
The services offered by Le Porte Bagages can be reserved via email or through the online booking system on our website http://www.leportebagages.fr
Each reservation will be confirmed via email. If, within 24 hours of the service, the client has not received the order confirmation, they are required to contact us immediately. The number of bags, details of each step (name and address of accommodations, date, etc.), and the reservation name must be specified at the time of booking.
By clicking on the hyperlink, principals will receive all essential transport information before concluding the contract. The principal will receive an emergency telephone number or contact details allowing them to contact Le Porte Bagages. Clients may transfer their package to another person, subject to reasonable notice and possibly subject to paying additional costs.
In the event that all or part of the services envisaged herein are prohibited under laws or regulations, including but not limited to U.S. laws, European Union law, or national laws (non-exhaustive list), including laws and regulations related to counterterrorism and embargoes, Le Porte Bagages reserves the right, at any time and without notice, and without incurring any liability to the client, to partially or completely cancel the relevant service.
The intermediaries and subcontractors chosen by Le Porte Bagages are deemed to have been approved by the client.
Bags must be available from 9 a.m. at the accommodation reception and must be dropped off before 5 p.m. at the designated drop-off location.
Article 6 - CLIENT'S ORDERING OBLIGATIONS
6-1. – Packaging and labeling:
Each package, item, or piece of luggage must be clearly labeled to allow for immediate and unambiguous identification of the client's name, number of bags, and delivery location. The labels must match those on the booking document (same name).
Any luggage not clearly identified will not be transported, and the client will remain responsible for their luggage.
Le Porte Bagages is responsible for the luggage during transport. The client remains responsible for their luggage, especially in cases of theft or damage at the accommodation location, the pickup or drop-off location, and particularly in the luggage storage of that location (pickup or drop-off).
The client agrees that their luggage does not contain valuable items (exceeding €50), fragile items, or medications.
In the case of luggage containing valuable or particularly fragile items, we encourage you to declare it to our teams before transport so that necessary measures can be taken.
The transport of luggage is limited to one piece of luggage per person, possibly accompanied by a small bag. The total weight must not exceed 15kg.
6-2. – Refusal or failure by the recipient:
In case of refusal of goods by the recipient, or in case of failure by the recipient for any reason whatsoever, all initial and additional costs incurred on behalf of the goods shall remain the responsibility of the client.
Article 7 - LIABILITY
7-1. – Liability for substitutes:
Le Porte Bagages' liability is strictly limited to that incurred by substitutes within the scope of the operation entrusted to them. When the limits of compensation of intermediaries or substitutes are not known or do not result from imperative or legal provisions, they are deemed identical to those set out in Article 7.2 below.
7-2. – Personal liability of the Transport and/or Logistics Operator (Le Porte Bagages):
Le Porte Bagages' liability is released in case of theft, loss, delay, or damage attributable to force majeure events, acts or faults of the sender or recipient or a third party, or the inherent defect of the goods.
The limitations of compensation indicated below constitute the counterpart of the liability assumed by Le Porte Bagages.
7.2.1. – Losses and damages:
In all cases where Le Porte Bagages' personal liability would be engaged for any reason whatsoever, it is strictly limited for all damages to the goods attributable to the transport operation due to losses and damages and for all resulting consequences to:
In national transport: €33 per kilogram of gross weight of missing or damaged goods without exceeding, regardless of the weight, volume, dimensions, nature, or value of the goods concerned, a maximum of €1000 per package, it being understood that the compensation awarded cannot obviously exceed, within the above limits, the justified actual value of the goods.
7.2.2. – Other damages:
For all other damages, including in case of duly noted delivery delay, in case of personal liability, the compensation due by the transport and/or logistics operator is strictly limited to the price of the transport of the goods (excluding duties, taxes, and various fees) or to that of the service at the origin of the damage, the subject of the contract. This compensation may not exceed that which is due in the event of loss or damage to the goods.
For all damages resulting from a breach in the performance of the logistical service, the compensation due by the logistics operator, in case of personal liability, is strictly limited to the price of the service at the origin of the damage without exceeding a maximum of €60,000 per event.
In no event shall Le Porte Bagages' liability exceed the amount set forth above.
7-3. – Quotations:
All quotations given, all one-time price offers provided, as well as general tariffs, are established and/or published taking into account the aforementioned liability limitations (7.1 and 7.2).
7-4. – Declaration of value or insurance:
The client always has the option, at their own expense and before pickup, to declare a value fixed by them and accepted by Le Porte Bagages, which has the effect of substituting the amount of this declaration for the indemnity ceilings indicated above (Articles 7.1 and 7.2.1). This declaration of value will result in an additional charge. The client may also instruct Le Porte Bagages, in accordance with Article 4 (Goods insurance), to take out insurance on their behalf, upon payment of the corresponding premium, specifying the risks to be covered and the values to be guaranteed.
Declaration of value or insurance instructions must be renewed for each operation.
7-6. – Settlement of claims:
In all the above cases, the indemnity can never extend to the repair or compensation, of any kind, of any direct or consequential or non-consequential loss or damage that may be suffered by the client, the recipient of the shipment, or any third party, except as stipulated in paragraph 7 above.
Insurance indemnity will be passed on to the client only when it has been provided by Le Porte Bagages' insurance company. The client who covers their own transport risks must inform their insurers that they can only exercise their recourse against Le Porte Bagages within the limits specified in Article 7 above.
Article 8 - PAYMENT TERMS
The reservation will be confirmed only after payment for the service. Payment for the service must be made no later than 8 calendar days before the start of the service. Any service not paid for within these deadlines will be considered unconfirmed by the client. In case of booking through our website, a confirmation email will be systematically sent by our team.
For regular clients (Travel Agencies), service fees are payable upon receipt of the invoice (monthly). The ordering party is always responsible for their payment.
If payment terms are granted, these cannot exceed thirty days from the date of issuance of the invoice for all services performed by transport brokers and road hauliers, as well as for all those carried out by maritime and/or air freight agents, customs brokers, freight brokers, and freight forwarders in accordance with the provisions of Article L.441-6 of the Commercial Code.
Any partial payment, on the due date agreed upon, will first be applied to the non-privileged part of the receivables. Failure to pay a single installment will result, without formalities, in the term being forfeited, with the balance becoming immediately due even in the case of acceptance of drafts.
Penalties will be automatically applied if amounts due are paid after the agreed payment date. These penalties, resulting from the imperative provisions of Article L.441-6 of the Commercial Code, will be applied in full. The due date for payment and the interest rate for late penalties are indicated on the invoice.
Any claim regarding the wording or amount of invoices issued by Le Porte Bagages must, under penalty of preclusion, be notified to them within one month following the date of the contested invoice, as stated on said invoice.
In the event of the client's failure to fulfill their obligations, especially in the case of non-payment of invoices on the due date, Le Porte Bagages reserves the right to terminate the commercial relationship one month after a formal notice by registered letter with acknowledgment of receipt remains unsuccessful.
Article 9 - PRESCRIPTION
All actions arising from the contract concluded between the parties are time-barred within one year from the performance of the disputed service of said contract and, for rights and taxes recovered subsequently, from the notification of the adjustment.
Article 10 - CANCELLATION TERMS
In case of cancellation by the ordering party, the following cancellation terms will apply:
Cancellation more than 48 hours before the start of the service, 100% refund (except for a €5 bank fee)
Cancellation less than 48 hours, 100% of the service fee will be due.
Cancellations must be sent by email to leportebagage@gmail.com
Article 11 - CANCELLATION - INVALIDITY
If any provision of these General Terms and Conditions of Sale is declared null or deemed unwritten, all other provisions shall remain applicable.
Article 12 - JURISDICTION CLAUSE
This contract is governed by French law. In the event of a dispute or disagreement, only the Courts of the registered office of Le Porte Bagages are competent, regardless of the nature, cause, or place of the dispute and regardless of any special conditions of the service, even in the case of multiple defendants or counterclaims.
Article 13 - DISPUTES AND MEDIATION
In the event of a dispute between Le Porte Bagages and the client, an amicable solution must be sought before any legal action is taken.
In the event of a dispute with La Malle Postale, the client may resort free of charge to the mediation service of Tourism and Travel, electronically: https://www.mtv.travel/, email: service.juridique@mtv.travel
In the absence of agreement between the parties, the dispute may be brought before the competent court.
It is reminded that recourse to mediation is only possible provided that the complaint has not previously been examined by a judge or another mediator and subject to having attempted to resolve the dispute directly with Le Porte Bagages by a written complaint. The mediation request must be made within the last 12 months of the written complaint. Mediation interrupts prescription.
Article 14 - PERSONAL DATA PROTECTION
The personal data collected from our clients are essential to ensure the provision of services and corresponding invoicing. They are obtained either via our website or directly from our teams, and may be subject to computer processing for the purpose of:
Managing operations related to customer relations, including the provision of services, invoicing, accounting management including customer accounts.
Sending our newsletter informing about our news.
Developing commercial statistics and improving the content of our services.
Ensuring customer relationship management, including satisfaction surveys, handling complaints, and answering customers' questions.
Managing requests relating to the rights of individuals concerning the processing of their personal data.
Managing unpaid amounts and disputes.
Managing customer reviews on the services offered.
The personal information collected is essential for processing your requests. The data is intended for Le Porte Bagages and its subcontractors for the execution of services (taxis, transport services, etc.). The subcontractor is specified to the client when booking the relevant service. The data retention period is limited to the time necessary for the operations for which they were collected, in accordance with regulations. In this sense, customer data is kept for the duration of the contractual relationship plus five (5) years, without prejudice to legal retention obligations or prescription periods.
In accordance with current regulations, you have the right to access, rectify, delete, limit the processing, and request the portability of your data. These rights can be exercised by contacting the data controller:
Guillaume FELTIN, by email: leportebagage@gmail.com
You have the possibility to revoke your consent to the processing of your data at any time. The provision of your data is strictly contractual and necessary for the performance of services. You have the right to object, without charge or justification, to the processing of your data. Any refusal to provide mandatory information (indicated by an *) in the collection form could prevent the processing of your requests. No automated decision, including profiling, is made based on your data. In the event of a complaint concerning the processing of your data, you can contact the competent supervisory authority.
The request for a quote and/or reservation implies full acceptance of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale prevail over any other document, unless otherwise stipulated beforehand, explicitly, and in writing.
