General Terms and Conditions of Use (GTCU)

version 1.0 dated 1st September 2022

 

 

The purpose of these General Terms and Conditions of Use (hereinafter the “GTCU”) is to define the conditions of access and use by any person  (hereinafter “you”, “your”) accessing or attempting to access the website www.carjaune.re [or installing or using the Car Jaune application (hereinafter together], the “Car Jaune website”).

 

The Car Jaune website allows you to top up your yPass travel pass, purchase virtuals tickets, check fares or timetables, and even buy souvenirs on the online store accessible here.

 

The General Terms and Conditions of Sale for tickets and souvenirs are accessible via this link

 

 

The website’s legal notice is available here: Legal Notice. In particular it allows you to identify the website publisher (hereinafter “we”, “us” or “our”).

 

[The Car Jaune application is available on Play Store and App Store.]

 

  1. Website access

 

The use of the website and all or part of its content, information and services (hereinafter together the “Services”) is subject to your full, complete and irrevocable acceptance of the GTCU, as well as your acceptance of our Special Terms and Conditions relating to personal data protection (accessible on the website here: PDP) and our Special Terms and Conditions for managing cookies (accessible on the website here: Cookies) (hereinafter together the “Terms and Conditions of Use”).

 

If you do not agree to be bound by the Terms and Conditions of Use, you should not access or use the services. Any use of the services implies acceptance of the Terms and Conditions of Use.

 

We may modify the content and information on this website as well as these Terms and Conditions of Use, in particular in order to comply with any new and/or applicable legislation or regulations or in order to improve the Services. The amended Terms and Conditions of Use will take effect from the date of their publication on this website mentioned at the top of this document.

 

Your continued use of the Services implies that you accept the new Terms and Conditions of Use. We advise you to refer to it periodically and in particular every time you provide us with personal information.

 

Access to the website or some of its services may require the use of personal access codes. In this case, it is your responsibility to take appropriate measures to ensure the secrecy of these codes. You may of course change them at any time. However, the number of attempts to access the website or certain of its services may be limited in order to prevent fraudulent use of said codes. We request that you notify us of any fraudulent use of which you may become aware. Furthermore, in the event of non-compliance with the rules described in these Terms and Conditions of Use, we reserve the right to suspend your access.

 

We hereby grant you a temporary, non-transferable, and personal right to access the website and all of its content on the device you use, for the sole purpose of using the website and its services.

  1. Services

 

To use the services, you may be required to correctly fill in all the fields marked for this purpose. We reserve the right to delete any file containing partial or inaccurate information.

 

By using the services, you agree not to upload, post, or publish in any way any content that is offensive, unlawful or likely to infringe the rights, harm or jeopardise the safety of others. You are solely responsible for the information and material that you provide us with through the services, and you guarantee the accuracy of this information and content, which you will ensure is kept up to date. As such, you declare and guarantee, when you communicate with us, that you are the author of the content you send, that you are not impersonating another person, that you are not using a false email address and that you are not infringing our intellectual property rights or those of third parties.

 

To use all of the services, you must have the equipment and connection required to access the internet, and, where applicable, mobile telecommunications networks; you are informed and acknowledge that the terms and conditions of your contracts with third parties, particularly access providers or mobile operators, continue to apply when you access our services; it is therefore possible that these third parties bill you for connections (voice or data, incoming or outgoing) while you use the services. You are entirely responsible for the corresponding costs. If you use third-party equipment to access our services, you guarantee that you have the consent of this third party.

 

In particular, you can do the following on the website:

  • Be informed about the Car Jaune network (maps, timetables, routes, and traffic information), and set up alerts and notifications for your favourite routes
  • Ask questions about our services, submit a complaint, make suggestions, send a query about lost items
  • Pay or appeal against a fine (if the fine is issued by Transdev Services Réunion staff)
  • Access online transport ticket purchasing services
  • Purchase Car Jaune souvenirs (goodies) online
  • Contact us about requesting and booking specific transport services.

 

To use the website or services you guarantee that you are of legal age, or if you are a minor, that you have the authorisation of a legal representative. We reserve the right to take measures to check these conditions.

 

Certain services may only be available via the M-Ticket application or Car Jaune application, in particular the possibility of topping up your travel pass, or purchasing and validating tickets. These services are available if using certain phones with the appropriate technology.

 

Tickets and travel passes that you can purchase online are subject to the general terms and conditions of sale accessible here: General Terms and Conditions.

 

  1. Regulations applicable in the event of an offence when using transport, and payment of fines

 

 

When using our public transport networks, passengers must have a valid and validated ticket and comply with the applicable rules of use and safety, which are displayed on board. Breaches of these rules may result in fines and criminal prosecution.

 

Offenders can use the website to pay fines our staff may have issued them with. See Fraud and Fine Payment.

 

Legal framework pertaining to fines:

The procedures for issuing a fine are set out in the decree of 1 October 1986.

The procedures for issuing a receipt are set out in the decree of 28 February 1988.

Texts pertaining to fines issued by the transport police: Decree No. 2016-541 of 3 May 2016 and the Decree of 9 December 1968

French Code of Transport:

L.2241-1: staff authorised to issue fines in accordance with the transport police

L.2241-2: collecting or recording (identity) and the offence of evasion

L.2241-2-1: reliability of data

L.2241-3: transactions

 L.2241-5: street vending

L.2241-6: power to enjoin and compel to leave rights-of-way or vehicles 

L.2241-7: authenticity of fines

L.2241-10: obligation to carry proof of identity (decree of 04/09/2017)

Users/passengers are prohibited from and are liable to class 4 fines for:

 

Art. R2241-9: Unauthorised access to public transport areas in a motorised or non-motorised vehicle, except for vehicles used by people with reduced mobility (e.g. mobility scooter, etc.)

Art. R2241-10: entering with or leaving behind an animal other than a guide dog, or a small pet in a suitable carrier. Dogs that are muzzled and kept on a lead may be admitted.

Art. R2241-12: removing or damaging labels, maps, signs, or inscriptions relating to the public transport, as well as any advertising, information or regulations affixed by Car Jaune in bus stations and vehicles, or in display areas provided for this purpose.

Art. R2241-13: using or modifying without a legitimate reason an alarm or emergency stop made available to passengers thus interfering with the normal use of said equipment without authorisation.

Art. R2241-14: spitting, urinating, damaging, or contaminating in any way these areas or vehicles, or the equipment located there.

Art. R2241-15: being in an obvious state of drunkenness.

Art. R2241-16: begging is prohibited on board vehicles.

Art. R2241-18: using loud equipment or instruments without authorisation, or otherwise disturbing the peace and quiet of others by making a noise or causing a disturbance.

Art. R2241-23: occupying a space not intended for passengers. Obstructing movement in the aisles and access to the vehicle.

Art. R2241-24: carrying or transporting materials or objects which, by their nature, quantity, or inadequate packaging, may be dangerous, annoying or inconvenient for other passengers.

Art. R2241-25: any person authorised to carry or transport a firearm may only access vehicles used for public transport of passengers with this weapon if it is unloaded, dismantled, and kept in a closed case or carrier.

Art. R2241-26: preventing access doors from closing or opening them, entering or exiting the vehicle without respecting where the vehicle should be boarded or alighted from, entering or remaining in the vehicle beyond the terminus, leaning out of vehicles.

Art. R2241-30: using vehicles as a means of towing.

Art. R2241-32:

in the event of a refusal to comply with rules or to stop disturbing public order, a staff member may order any person to leave the area, station or stop concerned forthwith, without access to public passenger transport vehiclesor to alight from one of these vehicles.

Refusal to comply with injunctions, issued by employees listed in paragraph I of article L.2241-1 of the French Code of Transport, to ensure compliance with the provisions of this decree. These offences are punishable by a class 4 fine.

 

Subject to fines and imprisonment, as provided for by the French Code of Transport, users/passengers are prohibited from committing the following offences:

  • L.2242-5: offence of knowingly declaring a false address and/or identity:

“The act of intentionally declaring a false address or a false identity to the sworn-in officers mentioned in part I of article L. 2241-1 is punishable by a fine of €3,750 and two months’ imprisonment.

  • L.2242-6: habitual offence:

“The act of habitually travelling in any means of public transport intended for paying passengers without having a valid ticket is punishable by six months’ imprisonment and a fine of €7,500. Habit is deemed to exist when the person concerned has been given, over a period of less than or equal to twelve months, more than five fines for having travelled without a ticket or with an invalid or incomplete ticket, which was not dealt with by way of transaction, pursuant to article 529-3 of the French Code of Criminal Procedure.

  • L.2242-7: contempt:

Definition: words or gestures addressed to an officer of a public transport network operator liable to undermine their dignity or the respect owed to the office which they hold constitute contempt. “Abusive behaviour (contempt) towards the employee of a public passenger transport network operator is punishable by six months’ imprisonment and a fine of €7,500. When committed as a group action, contempt is punishable by one year’s imprisonment and a fine of €15,000.”

  • L.2242-10: signalling the presence of ticket inspectors:

Distributing, by any means whatsoever and on any medium whatsoever, any message likely to indicate the presence of ticket inspectors or security guards employed or appointed by a public passenger transport operator is punishable by two months’ imprisonment and a fine of €3,750.

  • L.2241-2: offence of identity concealment:

For the purposes of issuing fines, the employees mentioned in sub-paragraphs 3° to 5° of section I of article L. 2241-1 are authorised, depending on the situation, to collect or record the name and address of the offender, under the conditions provided for by article 529-4 of the French Code of Criminal Procedure.

If the offender refuses or finds it impossible to prove their identity, the transporter’s employees referred to in the first sub-paragraph of II of article 529-4 of the French Code of Criminal Procedure immediately notify any officer of the judicial police who has jurisdiction in this area.

During the time required for the judicial police officer to be informed thereof and to take a decision, the offender must remain at the disposal of an employee referred to in the same first sub-paragraph. Any breach of this obligation is punishable by two months’ imprisonment and a fine of €7,500.

On the orders of the judicial police officer, the employees may bring the offender before the officer, or hold them for the time necessary for the arrival of said officer or that of a judicial police officer acting under the former’s authority.

 

 

 

The amount indicated on the fine constitutes a compromise proposal (articles 529 and 530 of the French Code of Criminal Procedure).

If it is settled within the legal time limit of two months, the offender will not be prosecuted. Failing such payment within the aforementioned time limit, the official record will be sent to the Public Prosecutor.

The offender will then become liable to pay an increased fixed fine recovered directly by the Public Treasury for the amount of €180 or €375 depending on the class of offence.

 

During this same period, the offender may send a written and reasoned protest to the address appearing on the payment slip, which will be forwarded to the Public Prosecutor. If it is rejected, the offender will be liable to criminal prosecution. If the response to the complaint does not meet the offender’s expectations or if they do not receive a response within one month, any “consumer” may send a request to the Mediator (contact details below) within one year of the date on which the complaint was registered with our customer service department.

 

 

 

 

 

  1. Availability of Website Services

 

We endeavour to do our utmost to secure access, consultation and use of the website.

 

We make every effort to ensure that the website is accessible 24/7. However, it is possible that access to the website may be interrupted for maintenance purposes or in cases of force majeure such as blocking of telecommunications or electrical networks, computer hacking, etc. Furthermore, we make every effort to provide you with accurate information about the routes and timetables of the transport networks we operate.

 

Please note that in particular the timetable display and route calculation interfaces are based on data produced by us or by third party network operators.

 

When you plan a journey, you are invited to use the information available on the website, taking into consideration the risks associated with updates to this data and any traffic disruptions to the transport networks you are planning to use.

 

  1. Protected rights

 

The content of this website is protected by applicable legislation, particularly in terms of intellectual property law and competition law. 

 

In particular, the content includes the architecture, graphic charter (including the colours, fonts and graphic organisation of the screens), as well as all the information and elements available on the website, such as the texts, articles, photographs, illustrations, images, brands and logos, data, databases and all sound elements (such as voices, music or sound effects) and fixed or animated visuals (such as graphic animations or audio-visual sequences), specific software developments, downloadable programs.

 

This content is the property of us, subsidiaries of the Transdev Group, our service providers, or our partners. 

 

Any reproduction, representation, distribution and/or exploitation of all or part of the content, by any means, in any form and for any purpose whatsoever, is prohibited without express prior written authorisation from Transdev. In any event, and subject to the foregoing, the source (this website and Transdev and/or its subsidiaries), as well as the name of the author if applicable, must be explicitly mentioned.

 

Any person who does not comply with the applicable legal provisions is guilty of the offence of counterfeiting and is liable to criminal sanctions as provided for by law, notwithstanding any other recourse by Transdev or any other rights holder.

 

The brands, product or service names, domain names, and company names mentioned on this website remain the property of their respective owners. 

 

Any mention of links or the brands, names, services, domain names and designations of other companies in no way implies the existence of any association whatsoever between us and these companies, products, services, brands, names, or designations.

 

  1. Liability

 

We disclaim any guarantee whatsoever regarding the content of the website, including any guarantee of quality or fitness for a particular purpose. All content on the website is provided “as is” and “as available”.

 

The website may contain inaccuracies or typographical errors. Changes and updates are made regularly to the website. In this respect, we reserve the right to make any modification, rectification or change to the website at any time.

 

In addition, and subject to any specific exceptions required under applicable law or regulations, we exclude any liability whatsoever for direct or indirect, incidental or consequential damages, loss of data or profits, arising from, or related to, use or operation of this website and its content.

 

You are solely responsible for the equipment you use to connect to the website.

 

It should also be noted that the internet network and computer and telecommunications systems are not free of errors, and that interruptions and breakdowns may occur. We cannot provide any guarantee in this respect, and cannot therefore be held liable for any damage inherent in said use of the internet and computer and telecommunications systems, including but not limited to the following:

  • poor transmission and/or reception of any data and/or information on the internet
  • external intrusion or the presence of computer viruses
  • failure of any receiving equipment or communications lines; and
  • any other malfunction of the internet network preventing proper operation of the website.

 

We cannot be held liable in the event of legal proceedings against you:

  • as a result of using the website or any service accessible via the internet
  • due to your failure to comply with the Terms and Conditions of Use

 

Moreover, you are solely responsible for the websites and data you consult. 

 

It is strictly forbidden to use this website or any of its content for illegitimate, illicit, immoral, or unlawful purposes or uses and/or to illegally attempt or obtain access to or control of all or part of this website or its content.

 

  1. Online shopping

 

Certain services, accessible via the website, allow you to make online purchases, in particular travel tickets. Before placing any order, you must have read and agreed to the Terms and Conditions of Use and the General or Special Terms and Conditions of Sale associated with the products or services concerned.

 

  1. Hypertext links / links to third-party websites

 

Links appearing on the website may take you away from the website (which you will determine by checking the URL address of the website in your browser). These links to third party target websites are provided solely for your convenience, and do not imply we endorse or approve of such websites.

 

Third-party target sites are not under our control or that of Transdev Group subsidiaries, and we are in no way responsible for the content of these third-party websites, any links they may contain, the products or services they offer, or any changes or updates made to them. It is your responsibility to read and accept, where applicable, the terms and conditions of use of these third-party sites.

 

Unless we have given you prior written authorisation, establishing any hypertext links to all or part of the website is strictly forbidden. We are free to refuse this authorisation without having to justify our decision in any way whatsoever. In the event that we grant you authorisation, it is only temporary in any case and may be withdrawn at any time, as of right.

 

  1. Personal data

 

When using the website or providing services, or when using our transport networks, we may collect or process your personal data. Access to certain services may be subject to your consent.

 

Pursuant to prevailing regulatory and legal provisions, you have the right to data portability, and to access, correct, limit use of and delete your personal data. You may exercise these rights at any time by sending a letter, accompanied by a copy of proof of identity, to the following address:

 

Transdev Services Réunion – Protection des données

7 Rue André Lardy – Boîte No. 5 – La Mare – 97438 Sainte-Marie

 

Or by sending an email to the following address:

transdev@transdev.re

 

If necessary, you can also send your request to Transdev Group’s Data Protection Officer (Group DPO) at the following address: dataprivacy@transdev.com.

 

Details of this data processing are provided in the Special Terms and Conditions relating to personal data protection, accessible here: PDP.

 

  1. Cookies

 

Cookies are small files which are placed on your device when you browse the website (they record e.g. the pages you have consulted, the date and time of consultation, etc.) and which may be read during your visits to this same website (hereinafter referred to as the “Cookies”). Some technical cookies are necessary for the website to function properly and for you to browse, while others are subject to your prior acceptance.

 

For more information about the use of cookies on the website, we invite you to consult our Special Terms and Conditions for managing cookies, accessible here: Cookies.

 

  1. Proof, storage, and archiving

 

Pursuant to article 1316-2 of the French Civil Code, the rules regarding services, pertaining to admissible evidence between us and you in the event of a dispute and their probative value, are laid down below. The following provisions therefore constitute agreement of proof between you and us.

 

In accordance with current best security practices, the computer records kept in our information systems will be considered as proof of e-mail communications, registration forms submitted, documents downloaded, acceptances, subscriptions to services and orders placed. As required by prevailing legal provisions, this information and these documents are archived on a reliable and durable medium. It is agreed that in the event of any discrepancies between our computer records and any documents in whatever format (paper, electronic, or other) in your possession, our computer records will be deemed to prevail.

 

  1. Mediation

 

For any complaints, if you are a “consumer” within the meaning of the law and case law, you may contact our customer service department using the form in the Contact section (Contact Us) or by sending an email to: transdev@transdev.re

 

 

 

  1. Applicable law, competent courts

 

These Terms and Conditions of Use are governed by French law. The language of this agreement is French. In the event of any dispute, the French courts within the jurisdiction of Nanterre will have sole jurisdiction, except in the case of mandatory legal provision.