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Another look at transportation

The specialist in passenger transport
At your service for over 15 years, throughout France and internationally.

General Terms and Conditions of Sale and Use

You can download these terms and conditions in PDF format by clicking on the following link: CGV – HERAKLES WORLD WIDE LTD

Article 1 – Identification

HERAKLES WORLD WIDE LTD, whose registered office is located at E21, Palm Court (NHDC,Palma) 72440 QUATRE BORNES

hereinafter referred to as “Herakles”, a name which includes the Platform and the company which owns it.

Article 2 – Purpose

The Herakles Platform allows the reservation of cars with a maximum capacity of seventeen (17) seats, including the driver, to carry out, upon reservation, a journey, a tour or the provision of a vehicle and its driver. Herakles is an intermediary company that uses partner transport companies with the status of transporters and registered in the register mentioned in article L1421-1 of the French Transport Code, or with the status of operator of a chauffeur-driven transport vehicle (VTC) and registered in the register mentioned in article L3122-3 of the French Transport Code.

The User wishes to use this service, and these General Terms and Conditions constitute the sole contractual link between Herakles and the User.

The purpose of these General Terms and Conditions is to define the conditions for booking, paying for transport, registering and using the Platform.

These terms and conditions must be respected by all Users of the Platform.
They must be accepted prior to any registration.

This acceptance will consist of the User checking the box corresponding to the following sentence: “ I acknowledge that I have read and accepted all the general terms and conditions of the site ”. This act of checking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of the automatic recording systems of the editor of the present site as proof and, unless he/she provides proof to the contrary, waives the right to contest them in the event of litigation. Acceptance of these terms and conditions implies that Users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors.

The applicable conditions will be those in force at the date of purchase by the Customer.
www.heraklestransfers.com reserves the right to modify its terms and conditions at any time.

Article 3 – Definitions

In the present document, the terms below have the meanings given to them herein:

Ordering party or Intermediary: refers to Herakles, which puts passengers in contact with carriers.

Herakles: company operating under the registration number (BR) n°C15131644 which markets the service of transporting the User, by means of partner carriers, from a point of departure to a point of arrival, in accordance with the User’s reservation. Herakles is not a transport company, but a link between customers and carriers. Herakles acts as an Order Giver within the meaning of the law when the User wishes to use occasional public transport and as an intermediary when the User books a VTC. In this capacity, Herakles is registered as an intermediary and has taken out professional liability insurance.

Platform: the www.herakles-transfers.com website and all its pages.

Carrier: a company or self-employed person who is a partner of Herakles and complies with the legal and regulatory conditions for carrying out the activity of transporting people by road.

User: The Internet user visiting and using the www.herakles-transfers.com website.

Article 4 – Contract

The present terms and conditions must be respected by all Users of the Platform.

They are the sole contractual link between the User and Herakles.

Article 5 – Access to the Platform

The Platform is available online free of charge. The User may create an account.

The User must have access to the Internet and the necessary equipment, in particular a computer, Smartphone, modem or any other connection tool enabling connection to the Internet.

To benefit from the service offered by Herakles, the User must have a recent Internet browser (Internet Explorer 10.0 or higher; Firefox, latest version; Safari, latest version; Google Chrome; Opera, latest version, etc.).

All costs relating to equipment, Internet connection and use of the Platform are the sole responsibility of the User.

The User declares that he/she is aware of the characteristics and limitations of the Internet as described below:

  • Data transmission over the Internet is relatively unreliable, and no one can guarantee that the Internet will function properly;
  • That Herakles has taken significant measures to secure access to the Platform, but that data circulating on the Internet may be subject to misappropriation, and that the communication of passwords, confidential codes and, more generally, any information of a sensitive nature is carried out by the User at his or her own risk;
  • That the Internet is an open network, and information transmitted by this means is not protected against the risks of misappropriation, fraudulent, malicious or unauthorized intrusion into the User’s information system, piracy, unauthorized alteration or extraction of data, modifications, malicious alteration of programs or files, or contamination by computer viruses. That it is therefore the User’s responsibility to take all appropriate measures to protect its own data and/or software stored on its servers from contamination by viruses and from attempts by third parties to gain access to its computer system via the access service.

As a consequence of the foregoing, and with full knowledge of the characteristics of the Internet, the User waives the right to hold Herakles liable for one or more of the facts or events mentioned above.

The User acknowledges having been sufficiently informed by Herakles as to the computer requirements for accessing the Platform.

Article 6 – Registration

6.1. Obligation to provide information

The User acknowledges having checked the suitability of the Platform for his/her needs and having received from Herakles all the information and advice necessary to register in full knowledge of the facts.

6.2. Duration

Registration is valid for an indefinite period, and the User may request that his/her profile be deactivated at any time by sending an e-mail to info@Herakles-transfers.com. The Parties are bound by the present contract as of the date of account activation.

6.3. Registration conditions

In order to register on the Platform, the User must be at least 18 years of age. The User certifies that the information provided is accurate.

Registration on the Platform is free of charge.

6.4. Account creation

The creation of an account on Herakles is done directly by the User.

The information transmitted and/or communicated by the User on the Herakles Platform is the responsibility of the User. Herakles cannot be held responsible for the non-veracity of the information transmitted and/or communicated by the User.

The account can only be used by the registered User. User IDs and passwords are strictly personal and confidential. The User undertakes to keep them secret and not to divulge them. The User must log off at the end of each connection session to the Platform.

In the event of loss or theft of the login or password, the User must notify Herakles without delay.

Article 7 – User obligations

7.1. Use of the Platform

It is the User’s responsibility to provide accurate information when creating an account.

The User must take great care in entering the date, time and route required. If this information is inaccurate, Herakles cannot be held responsible for any missed or delayed trip.

7.2. Punctuality

The User undertakes to be punctual for the appointment set by the Carrier via Herakles and to inform Herakles in the event of delay or cancellation.

7.3. Behavior during transport

The User is solely responsible for his/her behavior during transportation. He/she is requested to respect the driver and other passengers where applicable.

The User and other passengers must wear seatbelts. It is strictly forbidden to encourage the driver to commit infractions, in particular speeding.

It is strictly forbidden to smoke during the journey, to damage the vehicle or to consume alcohol or any narcotic substance. It is forbidden to carry weapons or dangerous materials on your person or in your luggage. The User is informed that the driver may refuse any passenger who is under the influence of alcohol or drugs, or who shows signs of dangerous behavior for himself or for other passengers. Neither the Carrier nor Herakles can be held responsible if the trip cannot take place for these reasons.

If several complaints concerning the same User are reported by the Carriers, Herakles reserves the right to close the User’s account without notice and without compensation.

7.4. Respect for property rights and copyright protection

Unless otherwise stated, the elements accessible on the Platform, the databases, the management tools, the pages of the site, the texts (with the exception of those posted by third parties and clearly identified as such or accessible by hypertext links), and more generally all the information made available to the User are the full, entire and exclusive property of Herakles. The User undertakes not to make any use thereof without the authorization of Herakles.

The User is hereby informed that the Site and the Platform are the property of Herakles. The User agrees not to

  • Copying or reproducing all or part of the Site and/or Platform by any means and in any form;
  • Use the Site and/or Platform other than in accordance with the strictly interpreted stipulations of these GTC.
    The User’s Registration confers only a personal, non-transferable and non-exclusive right of private use.

7.5. Liability

Failure by the User to comply with the above shall entitle Herakles to close the User’s account without notice, indemnity or compensation of any kind. Herakles reserves the right to take legal action against the User.

Article 8 – Booking and payment

8.1. Booking

At the time of each reservation, the User transmits a certain amount of information without which the trip cannot take place: number of passengers, time of departure, place of departure, destination, luggage, number of passengers,…. If this information is incomplete or erroneous, the User is informed that transportation may be cancelled at his or her own expense and will not be reimbursed. Herakles or the Carrier cannot be held responsible.

The Platform allows the calculation of the expected time to complete the journey. The departure time may be adjusted according to forecast transport conditions. The departure time indicated by the Platform is for information purposes only, and Herakles cannot be held responsible if the time indicated does not enable you to arrive at your destination on time. In case of doubt about the departure time, the User may contact Herakles by e-mail at direction@herakles-transfers.com.

If the User books for two (2) or more passengers, he/she acts as agent for the passengers for whom he/she is booking. He/she is responsible for their compliance with the GCS.

If the User chooses collective transport, he will be informed of the possible waiting time before payment of the fare. In the event of underfilling, the User will be offered other times for his transport. The User is informed that the choice of collective transport may entail up to one hour’s waiting time for the group to assemble before departure.

Once the User has provided this information, the fares will be shown.

If the User wishes to validate his/her order, he/she must tick the box indicating that he/she accepts the present terms and conditions of sale and click on the validation button. Once the User has completed the form, he/she will be redirected to the online payment interface.

Payment is made in full as soon as the order is placed.

Once the booking has been paid for, the User receives an invoice by email, together with the present General Terms and Conditions of Sale and the transport ticket to be printed and presented to the Carrier on the day of the journey.

Any modification concerning an element of the reservation must be transmitted at least 48 hours before the date of transport planned at the time of reservation. Acceptance of the modification will be confirmed by Herakles by e-mail, and may give rise to the payment of a supplement.

8.2. Payment for a trip

The price is determined according to distance, schedule, waiting time, etc.

Trips are sold on a per-ride basis for VTC trips, and on a per-seat basis for public transport.

The price is transmitted by Herakles “inclusive of all taxes”.

The User is informed of the difference between day and night rates (night rates: between 8pm and 7am. 20% more than the day rate).

The number of pieces of luggage allowed varies according to the type of vehicle. This figure is indicated on the Herakles website. In the case of shared transport (collective), the maximum number of baggage items is two per person.

Any additional luggage, if it can be transported, will give rise to the payment of a supplement, the price of which is indicated on the Herakles website. If the User fails to declare luggage, he/she is informed that the Carrier may not be able to carry out the journey. If transportation can take place, a surcharge equal to 3 times the normal transportation price of the additional baggage will be invoiced and collected in cash directly by the driver. Herakles reserves the right to cancel the account of any User who fails to declare in advance the actual number of baggage items to be picked up.

Payment is made directly on the Platform upon reservation, by credit card. The payment method is secure. After a few moments, the Internet user will receive an order confirmation e-mail, reminding him/her of the contents of the order and its price. These documents can also be downloaded immediately from the site.

Any additional requests after booking must be made by e-mail in advance, and may give rise to a supplement paid directly to the driver. Any change to the route, whether to the pick-up or drop-off point, or to the number of services requested, will give rise to a flat-rate supplement, the price of which will be communicated by e-mail.

8.3. Cancellation and delay

The User may cancel the reservation up to 24 hours before the scheduled departure time.

The User is informed that cancellations made up to 48 hours before departure will incur a €25 administration fee, cancellations made between 48 hours and 24 hours before departure will incur a 50% cancellation fee, and cancellations made less than 24 hours before departure will not be reimbursed.

If the User does not arrive at the departure point on time, he/she undertakes to inform Herakles as soon as possible. If the chosen mode of transport is private transport, the trip may be cancelled if it is more than 45 minutes late. If it can take place because the Carrier is still available, the passenger may be asked to pay a supplement of €50 (incl. VAT) per hour of waiting time.

If the chosen mode of transport is shared transport (collective) and the shuttle has already left, Herakles will propose a special transport which must be paid for by the User. If other collective transport is possible, the User will only have to pay 50% of the price.

Whether the transport is private or shared, any absence or delay at the place of departure, more than 15 minutes for shared transport, 45 minutes for private transport, will not be reimbursed except in cases of force majeure.

If the trip cannot take place due to a delay of more than thirty (30) minutes on the part of the Carrier or due to a failure on the part of Herakles or the Carrier, the registered User will be reimbursed the full amount paid. As an exception to the above, in the case of group transportation, the User is informed that he/she may wait up to one (1) hour for all passengers to be assembled.

Refunds, whether total or partial, are made by bank transfer to the account that was debited at the time of payment.

All cancellations must be sent to direction@herakles-transfers.com.

8.4. Complaints

Any complaint concerning transportation and any request for reimbursement must be sent to Herakles no later than seventy-two (72) hours after the trip. No action will be taken on complaints received after this deadline. If the complaint is sent within 72 hours after the journey, Herakles has a period of fifteen (15) days to inform the User of the action that will be taken.

Article 9 – Responsibility of Herakles

9.1. Responsibility for Transport

Herakles undertakes to arrange for a Carrier to pick up the User at the place and time indicated by the User, and to transport the User and his/her luggage to the planned destination.

If the User chooses collective transport, the User is informed that he/she may have to wait up to one (1) hour for the transported group to be assembled at the departure point.

The User is informed of the clauses limiting Herakles’ liability in article 9.3 below.

The Carrier is liable only for bodily injury and property damage suffered by the User and/or third parties, in accordance with the conditions of common law applicable to contracts for the carriage of passengers by vehicle. The User is solely responsible for any damage, internal or external, caused to the vehicle as a result of his/her behavior. In the event of damage to the vehicle caused by the User, the Carrier, via Herakles, will invoice the User for the cost of restoring the vehicle or changing the equipment.

The Carrier may add drivers to the vehicles without notice to the Users and for any reason whatsoever.

9.2 Responsibility for Platform availability

The Platform is accessible 24 hours a day, 7 days a week. Herakles will use its best efforts to ensure that the Platform operates reliably and continuously, but cannot guarantee uninterrupted and error-free operation. In particular, the User acknowledges that no one can guarantee the proper functioning of the Internet.

The User undertakes to inform Herakles within 24 hours of discovering a technical malfunction that prevents him/her from using the Platform.

Only Herakles and its service providers may intervene on the Platform. The User shall refrain from intervening himself or having a third party intervene for this purpose.

In the event of a service interruption by Herakles due to corrective maintenance, Herakles will make every effort to remedy the malfunction as quickly as possible.

Herakles may also temporarily interrupt access to the Platform in the event of ongoing maintenance.

As access to the Platform is free of charge, the User undertakes not to claim any compensation or damages from Herakles in the event of interruption or stoppage of service, whether temporary or permanent.

9.3 Limitation of liability

Herakles and the Carrier cannot be held responsible for delays or cancellations caused by missing or erroneous information provided by the User.

Luggage remains the responsibility of the User. Herakles cannot be held responsible in the event of theft or omission. The Carrier is obliged to respect its compensation obligations in the event of damaged hold baggage.

Herakles does not guarantee that the Platform will be free from anomalies or errors, nor that these can be corrected. Herakles cannot be held responsible for the unavailability of the Platform.

Registration on the Platform is free of charge. Herakles may not be held directly or indirectly liable for any damage caused to the User or to a third party as a result of using the Platform, whatever the cause.

The User is aware of the inherent limitations of the Internet and uses the Platform at his/her own risk.

Article 10 – Force majeure

Neither Herakles nor the User can be held responsible for any cancellation due to weather conditions (weather warning for the region, helicopter flight impossible due to weather conditions, etc.), strike (of the Carrier, or preventing traffic) or any other event (roadworks, etc.) making it impossible for the User to travel.

Neither Herakles nor the Carrier can be held responsible for delays, cancellations or any other damage caused by the User himself, a third party or a force majeure event.

Herakles cannot be held responsible for any interruption of the Internet network.

Article 11 – Termination

The User may ask Herakles to delete his/her account, just as Herakles may cease its service or decide for one of the aforementioned reasons to suspend the User’s account without compensation or damages.

Article 12 – Transfer

The User expressly refrains from transferring, whether in return for payment or free of charge, all or part of the rights and obligations that he/she holds by virtue of his/her Registration and reservations.

In the event of a reservation, the User undertakes to be an actual passenger. It is forbidden to transfer a reservation, whether free of charge or in return for payment.

Article 13 – Insurance

Carriers must be fully insured. Each Carrier complies with its own insurance obligations in accordance with the legal regime to which they are subject.

Each Carrier and User are solely responsible for their own insurance and must check that they are properly insured before the journey.

Article 14 – Protection of personal data

The personal information requested from the User is necessary to process his/her Registration and reservations. It may be passed on to Herakles’ administrative departments, to subcontractors and drivers in charge of the User’s transportation, to IT service providers and to legal auxiliaries in the event of litigation.

The User is informed that he may exercise his rights of access, rectification and opposition by contacting Herakles by telephone or e-mail.

Article 15 – General

The nullity of any of the clauses of the Contract, in particular in application of a law, a regulation or following a decision of a competent court having the force of res judicata, shall not entail the nullity of the other clauses of the Contract, which shall retain their full effect and scope between the parties.

No provision hereof shall be deemed to have been waived, supplemented or modified by either party without a prior written act signed by the authorized officers of the parties in the form of an amendment to this Agreement, expressly deciding to waive, supplement or modify a contractual clause.

The fact that Herakles does not take advantage at a given time of any of the clauses of the present Contract, and/or of a breach by the User of any of its contractual obligations, may not be interpreted as a waiver by Herakles of its right to take advantage at a later date of any of the said clauses or contractual obligations.