Terms of and conditions of sale

Saybus by Réunir

REUNIR-F.I.T. FRANCE INTERNATIONAL, EURL with a capital of 7622.00 €, whose registered office is located at 29 rue Etienne Richerand – 69003 LYON

SIRET n° 410 520 852 00048

European Community Licence No 2019/84/0002547 – Capacity certificate No VD 82 09 00333

Travel activity with services: registration IM069100044

1. Object

These general terms and conditions of sale are applicable to all contracts by which REUNIR-F.I.T. FRANCE INTERNATIONAL TRAVEL (hereinafter referred to as “Saybus”) sells a passenger transport service to any customer (hereinafter referred to as “Purchaser”), unless otherwise specified. They can be negotiated.

Any stipulation of the Purchaser contrary to these terms and conditions, including its general terms and conditions, is expressly excluded and shall be considered null and void, regardless of the date on which they are sent, unless expressly agreed by Saybus.

2. Prices and payment terms

2.1. Elements of the price

The price of the services provided by Saybus is fixed in consideration of the following elements:

  • Depreciation of the vehicle concerned over the duration of the trip
  • Salary and expenses of the driver(s) according to their working time
  • Consumables (diesel – pneumatic – lubricants) according to the established mileage, therefore the determined route
  • Motorway tolls (excluding tunnels and checkpoints)
  • General expenses
  • Margin

The price set by Saybus is exclusive of VAT and any other taxes, so that the modification of any tax applicable to the services provided by Saybus will be borne by the Purchaser.

For any payment by credit card, additional transaction fees will be applied as follows:

  • 1.50% per successful transaction with a French or European Visa/MasterCard
  • 3.00% per successful transaction with a non-European Visa/MasterCard card
  • 3.65% per successful American Express transaction

2.2. Preparation of the estimate by Saybus

2.2.1. Programme and itinerary

For the preparation of the quotation, the Purchaser will communicate to SAYBUS the itinerary and travel schedule, in detail (dates, times, itinerary, stopping points and intermediate stops).

If the crossing of certain countries requires visas for foreign persons present in the coach, the Purchaser must inform SAYBUS as soon as the estimate is drawn up.

If no particular route is requested by the Purchaser, SAYBUS will determine the most appropriate route, giving priority, as far as possible, to motorway journeys.

Schedules should take into account normal traffic conditions and transport flow, and include a safety margin to absorb any contingencies.

2.2.2. Group size – presence of children

The maximum number of people in the group must be communicated to SAYBUS as soon as a quote is requested, as well as the presence of children and the number of accompanying persons, and/or people with reduced mobility. If there is a change in this number of passengers before departure, the customer is required to inform SAYBUS immediately. If the modification of the number of passengers does not allow SAYBUS to provide the service, SAYBUS may cancel the order, without compensation and all costs incurred by SAYBUS will be reimbursed by the Purchaser.

2.2.3. Driver relay

Driver relays are required by regulation, depending on departure and return times, mileage and schedule.

The cost of the relay, at the exclusive expense of the Purchaser, consists of the hourly wage of the second driver, in addition to that of the first, and any train or car expenses to get to the relay location. In some cases, there are additional accommodation and meal costs before or after the relay for the second driver.

2.2.4. Validity and revision of the rate

The price is valid for 1 month from the date of the quotation. The quotation is validated according to the information provided by the Purchaser and availability at the time of the order.

If changes in the duration or itineraries of the travel program are caused, for any reason whatsoever, before or during the trip, the rate may be modified by SAYBUS.

In addition, at the request of SAYBUS, the Parties undertake to renegotiate in good faith the price of the Service in the event of a fuel price increase of more than 10%. In the event of disagreement on the new pricing, the Parties shall be free to decline the Agreement without compensation to either party. 

2.2.5. Additional kilometres – Car parks – Trailer – Checkpoint – Tunnel

Any additional kilometres compared to the estimate will result in additional invoicing. 

As parking is often mandatory for coaches in cities or tourist sites, it is not included in the quotation and is invoiced, in actual fact, after the trip.

If a trailer is required, the cost of its rental by the day is charged to the Purchaser.

Checkpoints are often mandatory for access to the city centre, so they are not included in the quotation and are invoiced, in actual fact, after the trip.

As tunnels are often charged for crossing from one country to another, they are not included in the estimate and are invoiced, in actual fact, after the trip.

2.3 Confirmation of order and payment of the deposit

The Purchaser who intends to place an order must accept the quotation established by SAYBUS as well as these general conditions of sale in writing (including by email) to SAYBUS’ sales department.

An order confirmation form is then sent by SAYBUS to the Purchaser, who must return it signed and accompanied by the payment of the deposit as it appeared in the quote. It is only upon receipt of the signed order confirmation form and payment of the deposit that the order is confirmed with regard to SAYBUS.

2.4. Payment of the balance of the service

30 days before the service, the buyer pays the deposit.  Otherwise, SAYBUS reserves the right to cancel the order.

As soon as the service is provided, SAYBUS sends an invoice for the balance to the Purchaser indicating the corresponding order number and the information provided for in Article L441-9 of the French Commercial Code.

This invoice includes the cost of parking, meals and/or accommodation for the driver(s), overtime hours and kilometres, according to the scale set out below and recalled in the estimate:

  • Price per additional km: 1,80 € including VAT
  • Price per extra hour: 80,00 € including VAT
  • Price for one night driver: 150,00 € including VAT
  • Price of a driver’s meal: 22,00 € TTC

The invoice also includes the costs of checkpoint, trailer and tunnel.

Payment of this invoice must be made upon receipt, except in cases negotiated and indicated in the quotation.

2.5. Late payment

Late payment of any invoice shall result in the immediate application of late payment penalties, by the law itself, without formal notice and without prejudice to any other damages, from the day following the due date of the invoice. The rate of these late penalties shall be that of the legal interest applied by the European Central Bank in force on 1 January of the year in question for the first half of the year in question and on 1 July of the year in question for the second half of the year in question, plus ten (10) points. In addition, a flat-rate indemnity for recovery costs of forty (40) euros shall also be payable by the law itself, provided that the recovery costs are not higher, in which case they shall be borne by the Purchaser.

2.6. Reimbursement

In the event of a total or partial refund from the Purchaser, SAYBUS reserves the right to deduct from the sums refunded the costs related to the banking refund operation.

3. Compliance with regulations

3.1 Summary reminder of the basic rules

SAYBUS, the driver and the Buyer are required to comply with the applicable regulations, including in particular the following rules:

  • driving time: 9H/day, or 10H/day only twice a week, always in periods of maximum 4H30, interrupted either by a break period or 45 consecutive minutes, or by a minimum of 15 minutes + 30 minutes.
  • rest time: 9H to 11H, between 2 working periods, as the case may be.
  • amplitude: 14H in tourism activity with derogation, the time spent between the start of his day and the end of his day,including the driver’s travel time to arrive at the pick-up as well as the time to return to his depot. This does not only correspond to the time strictly spent performing the transport service for the Purchaser.

In the case of a double crew, the drivers, permanently present in pairs in the coach, are authorised to work at an amplitude of 18H, while respecting the rules of driving, breaks and rest mentioned above.

3.2. Responsibility of the Purchaser

In accordance with articles R.121-1 et seq. of the French Highway Code, the Purchaser is criminally liable for compliance with the driver’s driving and rest rules. The Purchaser must ensure that these rules are fully respected in the validation of the program. 

3.3 Additional hour(s)

Any overruns of schedules beyond the contractual schedules give rise to an additional charge, per hour started and per driver concerned.

If failure to respect the schedules results in the installation of a relay driver, the costs incurred by this installation are fully borne by the Purchaser. No requirement by the Purchaser that contradicts compliance with the regulations is possible.

3.4. Sundays and public holidays:

On Sundays worked, the driver is entitled to compensation. Our prices include them if the dates are clearly communicated and not modified.

3.5. Travelling for more than 6 days

According to the applicable regulations, bus drivers may not work more than 6 consecutive days on French territory. The 7th day is therefore necessarily a day of rest. In the case of travel abroad, they may work 12 consecutive days before a day of rest. If necessary, the program should be built with a day of rest when the time comes.

4. Execution of the service

4.1. Use of subcontracting

SAYBUS reserves the right to subcontract all or part of the performance of the transport service, which the Purchaser acknowledges being informed and accepts without reservation and without prior notice. SAYBUS and its possible subcontractor are hereinafter referred to as the “Passenger road Carrier”.

4.2 Setting up the coach at the departure

The bus arrives 10 minutes before departure at its pick-up point. If for any reason of loading luggage or any other reason, it should occur earlier, the Purchaser must specify this when preparing the estimate, in order to include it in the driver’s costs and regulatory “timing”.

4.3. Visits during the trip

The time spent outside the bus by customers must always be accurately informed to the driver(s) so that they can manage the outages. To ensure compliance with the regulations and in particular in labour law, the driver is under no circumstances at the Purchaser’s permanent disposal.

Taking into account mandatory rules on parking or bus traffic in certain cities or tourist areas, passengers may have to walk a distance, if traffic regulations or safety so require.

4.4. Meals and accommodation for the driver(s):

The meals and accommodation of the driver(s) are the sole responsibility of the Purchaser. Meals should be served hot. Their accommodation and sanitary facilities must be individual, in a quiet place, to ensure the driver’s peace of mind during his rest, and therefore the safety of passengers.

4.5. Changes to the travel program, schedule or itinerary

Any change in the travel schedule, schedules or itinerary may result in an adjustment of the rate.

4.5.1. Before departure

Before departure, the travel schedule and itinerary provided for in the quotation may only be modified by mutual agreement and in strict compliance with the present conditions.

The departure and return points defined by the Purchaser may not oblige the Carrier to take charge upstream or downstream of the defined points.

4.5.2. During the trip

During the journey, Saybus reserves the right, in any event, to modify the travel schedule or itinerary in order to comply with the necessary regulations, even if they do not correspond to the Purchaser’s wishes for traffic or schedules.

If the safety margin (see 2.2.1) is exceeded, the Purchaser will bear the additional cost (including overtime or the installation of a driver relay).

Saybus is in no way responsible for changes to the schedule – and for the consequences – caused by a time shift, made necessary to ensure compliance with the applicable regulations on rest and driving times.

4.6. Luggage

4.6.1. Responsibility

Luggage accompanying passengers must be labelled to identify its owner.

Saybus is responsible for baggage placed in the hold. In the event of loss of or damage to checked baggage, the compensation to be paid by the Saybus for any justified damage for which he is held liable is limited to €150 per piece of baggage, unless Saybus is guilty of intentional or inexcusable misconduct. It is specified that compensation for luggage lost or damaged as a result of a traffic accident is subject to EU Regulation 181/2011 of 16 February 2011 on the right of passengers to travel by bus and coach and amending Regulation (EC) No 2006/2004.

Hand luggage remains, at all times, under the full responsibility of the passenger.

In particular, Saybus’s liability is expressly excluded for any object of any kind (parcels, hand luggage, camera, mobile phone, etc.) left in the coach cabin, whether or not it is under the supervision of the driver.

Before the Service, Saybus shall inform each passenger of the above provisions, in particular with regard to the custody of baggage and hand luggage and the limit of compensation for checked baggage.

4.6.2. Volume

The number of checked baggage is limited to one piece per person. Saybus is not responsible for excess baggage. The Carrier reserves the right to refuse baggage whose weight, dimensions or nature it considers detrimental to the safety of the transport.

For any additional checked baggage beyond the limit of one piece of checked baggage, the buyer undertakes to communicate the number of luggages and their dimensions to be transported before the trip.

4.6.3. Prohibited products

For safety reasons, it is strictly forbidden to transport the following products: compressed gases (in particular defensive bombs), aerosols, butane gas, explosive, flammable, corrosive, oxidizing, irritating or toxic products.

It is expressly forbidden to board a coach with alcoholic beverages.

4.7. Tips

As the driver’s gratuity is not mandatory, it is left to the discretion of the customers.

5. Rules on board the coach

5.1. Roadmap and transport documents

Saybus shall ensure that the mandatory transport documents provided for in Articles R3411-5 to R3411-7 of the Transport Code are kept on board the vehicle.

5.2. Mandatory list of passengers (art. 7 of the decree of 18 May 2009 creating art. 60ter of the decree of 2 July 1982)

The Purchaser undertakes to establish and maintain at all times during the transport service, the list of passengers by name (surname, first name, and in the case of a transport of children, telephone details of a person to contact for each. This list must also indicate the date and general characteristics of the transport, as well as the telephone number of the organiser. This list is mandatory and must be given to the representative of the service organisation on board the coach or, failing that, to the driver and completed with the registration number of the coach.

In the event of an inspection and if the buyer has not communicated the mandatory elements mentioned above, Saybus reserves the right to re-invoice the fines imposed on it.

5.3. Mandatory use of seat belts

Seat belts must be worn on board the bus. The Buyer undertakes that passengers will respect this obligation.

In the event of a control, the Buyer and/or his passenger assumes the risk of a police fine. Neither Saybus nor the driver shall be held liable for the failure to wear the seatbelt of any of the passengers.

Saybus reserves the right to re-invoice the fines imposed on it in the event of control and non-compliance by the Purchaser with the above rules. 

5.4. Damage on board

In the event of deterioration of the coach by one or more of the passengers, the Purchaser is fully responsible and will assume the cost of repair, on an additional invoice.

5.5. Non-smoking coaches

It is strictly forbidden for the driver and passengers to smoke in the coaches.

5.6. Video – Music

Only the driver decides on the broadcasting of a video or music on board the coach, taking into account the specific regulations applicable (prior authorisation by Sacem for music and films rented from a company collecting the audiovisual tax).

5.7. Toilets

Since regular breaks are provided for this purpose, the toilets on some coaches are only to be used when necessary. During the winter, the bus toilets may not be usable (freezing).

5.8. Animals

Pets are not allowed on board.

5.9. Driver’s mobile phone number

All drivers are equipped with a mobile phone entrusted by the operation site. This phone is not available to the Buyer. The driver cannot be reached as soon as:

  • It is driven by
  • he is at rest
  • Before the service
  • After the service

5.10. Forgotten on board

At the end of the service, the group leader for the Purchaser, as well as the passengers individually, are required to check that no objects are left in the coach. In the event of forgetting, the Buyer or the passenger concerned must notify us within 24 hours of the end of the service. If the item could be found, the shipping costs are at the expense of the Purchaser.

Saybus cannot be held responsible for the omission of an item by the Purchaser or by a passenger.

6. Conditions of cancellation by the Purchaser

Any cancellation by the Purchaser must be made by registered letter with acknowledgement of receipt, the date of receipt being proof. Otherwise, the cancellation will not be taken into account.

Any cancellation is subject to a deduction from the deposit, depending on the notice period:

  • Between 30 and 16 days: 15% of the price is retained
  • Between 15 and 8 days: 30% of the price is retained
  • Between 7 and 3 days: 50% of the price is retained
  • 2 days before departure: 75% of the price is retained
  • Less than 2 days before departure: 100% of the price is retained, the full price is due.

In the event of a driver being declared positive for Covid-19, and therefore unable to carry out the transport services or be replaced, SAYBUS undertakes to inform the client as soon as possible, by any means enabling an acknowledgement of receipt to be obtained.
The customer will then have the possibility :

  • Either to cancel the sale and obtain a refund of all sums paid, at the latest within 14 days after the cancellation of the contract.
  • Or to accept a change of travel date proposed by the company. In this case, an amendment to the contract specifying the changes made will be validated by the parties.

In accordance with the tourist code, the cancellation at the initiative of the customer does not deprive him of his right to refund. On the other hand, cancellation or modification due to Covid-19 does not exempt the client from paying the sums due to SAYBUS. (see applicable cancellation fees)
The SAYBUS company recommends taking out a “coronavirus travel cancellation” insurance policy covering, in particular, the consequences of the cancellation of the service purchased, if the customer obtains a positive PCR or antigenic test for Covid-19, before a coach journey.

7. Contractual liability

Saybus undertakes that each coach made available will be in good working order and meet the technical regulatory obligations.

Saybus is only subject to an obligation of means towards the Purchaser.

In the event of an event or incident attributable to Saybus, its liability is strictly limited to direct damage and capped at the amount of the transport service.

Within the legal limits, Saybus shall not be held liable for immaterial and indirect damage caused to the Purchaser and/or its passengers.

8. Case of absolute necessity

In the event of an accident, and in accordance with Article 8 of Regulation (EU) No 181/2011, Saybus shall provide reasonable and proportionate assistance to meet the immediate practical needs of passengers.

In the event of fortuitous events or force majeure (as defined by Article 1218 of the French Civil Code and including fuel shortages or toll blockages), Saybus may under no circumstances be required to assume the financial consequences thereof.

9. Insurances

SAYBUS is insured for its coach civil liability with GENERALI under policy AH063848-0005 – 5 underwritten with REUNIRASSURANCE – 81 rue St Lazare – 75009 PARIS.

In the event that a subcontractor is used to carry out the transport service, SAYBUS will communicate to the Purchaser on request the references of the subcontractor’s coach liability insurance contract.

If the Purchaser or one of the passengers wishes to benefit from additional insurance (assistance, repatriation, luggage, cancellation), this is the subject of a special offer, not included in the price, subscribed for the entire group transported.

10. Applicable law – Competent courts

These general terms and conditions of sale, as well as the service provided by the Transmission Provider, are governed by French law, with the exception of its conflict of law rules.

Under penalty of forfeiture, any complaint must be sent to SAYBUS by registered letter within one month of the end of the transport service.

Any dispute related to the present contract and/or the performance of the passenger transport service must be brought exclusively before the competent courts within the jurisdiction of the Lyon Court of Appeal.

11. Contractual autonomy

If any of the provisions of these general terms and conditions of sale are cancelled, this shall not affect the validity of the remaining provisions, which are autonomous.

12. Personal data

In order to carry out the transport service, SAYBUS may collect the personal data of the Purchaser and/or passengers. This processing is necessary for the execution of this contract and the missions entrusted to SAYBUS by the Purchaser.

SAYBUS (29 rue Etienne Richerand – 69003 LYON) acts, in the context of this processing of personal data, as controller.

The Purchaser’s personal data are not transferred outside the European Union.

Personal data are stored:

  • (i) during the duration of the commercial relationship between the Purchaser and SAYBUS, except for the data referred to in (ii) or (iii) below;
  • (ii) for data used to establish proof of a right or contract, during the period of the applicable legal prescription;
  • (iii) for data used for the purpose of solicitation or commercial prospecting: for a period of three (3) years from the end of the commercial relationship.

The Purchaser has, under the conditions and within the limits set by French and European legislation, the right to access, rectify and delete personal data concerning him, to limit processing, to object to processing, to the portability of data, to lodge a complaint with a supervisory authority (CNIL), to define directives concerning the fate of his personal data after his death.

These rights can be exercised by the Purchaser by sending an e-mail to the following address: contact@Saybus.fr

13. General conditions in French

English translation for information purposes

Solely.

The general terms and conditions of sale in the original language of Saybus prevail over these general terms and conditions of sale, which are translated into English.