Customer Contractual Agreement
Last updated : 09.02.2017
Contract: Online CCA
1. Contractual Relationship
THE 18 OCTOBER 2007 DECREE, AS AMENDED, RELATING TO TAXI SERVICE AND RENTAL CAR WITH DRIVER APPLY TO PRESENT CONTRACTUAL TERMS.
PLEASE READ THESE TERMS CAREFULLY AND ACCEPT THEM BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and HEROAD. If you do not agree to these Terms, you may not access or use the Services. HEROAD may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
HEROAD may amend the Terms related to the Services from time to time. Amendments will be effective upon HEROAD’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of HEROAD’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with HEROAD or certain of HEROAD’s affiliates (“Third Party Providers”) or certain of HEROAD employees. IN THE CASE OF THIRD PARTY PROVIDERS, YOU ACKNOWLEDGE THAT HEROAD DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY HEROAD OR ANY OF ITS AFFILIATES.
The Services and all rights therein are and shall remain HEROAD’s property or the property of HEROAD’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the service; or (ii) to use or reference in any manner HEROAD’s company names, logos, product and service names, trademarks or services marks or those of HEROAD’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to HEROAD certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or HEROAD’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by HEROAD in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. During any ride, are prohibited: smoking, including electronic vaporizing devices; to enter the vehicle with dogs or pets whose can not be held on the knees, with the exception of guide dogs; to introduce in the vehicle objects or packages which, by their nature, smell or by their volume, may soil, injure, embarrass or cause inconvenience; to get into the vehicle in an obvious evil-clean condition, suffering from contagious disease, or obvious intoxicated
By creating an Account, you agree that the Services may send you informational text (SMS) messages, notifications, e-mail and mail or any other way Heroad says are appropriate, as part of the normal business operation of your use of the Services. You may opt-out of receiving notifications messages from HEROAD at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile, account or e-mail adress of the device receiving the messages. You acknowledge that opting out of receiving notifications messages may impact your use of the Services
Promotional Codes and promotions
HEROAD may, in HEROAD’s sole discretion, create promotional codes and promotions that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that HEROAD establishes on a per promotional code or promotions basis (“Promo Codes” or "promotions"). You agree that Promo Codes or promotions: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by HEROAD; (iii) may be disabled by HEROAD at any time for any reason without liability to HEROAD; (iv) may only be used pursuant to the specific terms that HEROAD establishes for such Promo Code or promotions; (v) are not valid for cash; and (vi) may expire prior to your use. HEROAD reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes or promotions by you or any other user in the event that HEROAD determines or believes that the use or redemption of the Promo Code or promotions was in error, fraudulent, illegal, or in violation of the applicable Promo Code or promotions terms or these Terms
User Provided Content
HEROAD may, in HEROAD’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HEROAD through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to HEROAD, you grant HEROAD a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HEROAD’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You can ask from us to consult or to delete any of these content at anytime by sending a e-mail to firstname.lastname@example.org
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant HEROAD the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor HEROAD’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HEROAD in its sole discretion, whether or not such material may be protected by law. HEROAD may, but shall not be obligated to, review, monitor, or remove User Content, at HEROAD’s sole discretion and at any time and for any reason, without notice to you.
All the user content grant to heroad will not be ceased to third parties, exept from the present condition
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. HEROAD does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The use and installation of the different platforms made available by Heroad are completely free
But, you understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider or from certain Heroad employees (“Charges ”). After you have received services or goods obtained through your use of the Service, HEROAD will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent or for it's own payment. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by HEROAD. All Charges are due immediately and payment will be facilitated by HEROAD using the preferred payment method designated in your Account, after which HEROAD will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HEROAD may, as the Third Party Provider’s limited payment collection agent, or for it's own payment, use any other payment method available. As between you and HEROAD, HEROAD reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in HEROAD’s sole discretion. HEROAD will use reasonable efforts to inform you of Charges that may apply before your booking, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. HEROAD may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider and/or Heroad for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, HEROAD does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by HEROAD (on HEROAD’s website, in the Application, or in HEROAD’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that HEROAD provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider and/or Heroad vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider and/or certain Heroad employees reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by HEROAD in HEROAD’s reasonable discretion, HEROAD reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider, and/or for its own payment, using your payment method designated in your Account. Such amounts will be transferred by HEROAD to the applicable Third Party Provider (if applies) and are non-refundable. The third party provider and / or an employee of HEROAD, may also take a maximum lump estimated amount of € 150 plus the amount of your ride, in its reasonable discretion, to cover damage due to abnormanl "wear and tear" damages which would be recognized by the third party provider and / or an employee of HEROAD. The perception of this amount does not exclude in any way the obligation to repair the actual costs of damage if they are higher than the amount withdrawn. You will also be responsible for the loss of income, labor, customer and all losses related to damages you tighten responssable for that are made following the use of the Services through your account.
When booking services via Heroad, with third party providers and/or Heroad employees, you have the option to cancel your request for services: (i) for an “on-demand” service, via a booking platforms made available by Heroad, and for immediate delivery of the service, a fee will always apply, unless otherwise provided by Heroad; (ii) when ordering a service in advance, charges may apply depending on deadlines, and the costs and deadlines will be provided at the time of booking, unless otherwise provided by Heroad; (iii) when booking a Service as part of a "last call" offer or partially or fully part of a promotion, cancellation or withdrawal is not possible and the entirety of the Service will be charged by Heroad (ART VI.53 Belgian economic law code.); (iv) when booking a service in advance, and for airport shuttle booking, in case of cancellation, the user must pay the total amount of the expected ride if Heroad employees and / or third party provider has fully begun to perform his service; (v) At a late cancellation, which occurs when the Service is cancelled after the scheduled time of pick-up, the customer will, in addition to the total amount of the scheduled Service, pay the third party provider and/or Heroad employees' waiting time up to the actual time of cancellation. You understand that the position of Heroad regarding cancellations is a positive benefit granted to the user at the sole discretion of Heroad. Heroad reserves the right to modify or cancel the benefit related to cancellations at any time in accordance with Art. VI.53 code of Belgian economic law HEROAD will use reasonable efforts to inform you of Charges that may apply in case of cancellation, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof, unless otherwise provided by Heroad.
Delay fees - Waiting time
When you book a ride with Heroad, you must be at the agreed time at the agreed meeting point. Once the driver is there, you have 10 minutes to reach your driver. Any additional waiting time is invoiced to the customer according to the reserved service and according to the tariff of the said service. Without news from the customer within 10 minutes, the driver, as well as Heroad, will be released from all obligations and the service will be charged at 100%
In the particular case of airport pick-up, the driver will follow the flight you have indicated in your reservation. You have one hour of free waiting time starting when the flight you mentioned in your booking has landed, beyond that time, any additional wait is invoiced according to the rate of the reserved service.
In case of delayed flight, and only if the flight that you mentioned in your booking is delayed by less than three (3) hours, the drivers will adapt their schedule to the new flight schedule free of cost for the customer. If the flight you have mentioned in your booking is delayed by more than three (3) hours, the initial service will be canceled at your expense and a new reservation will be made based on the new flight schedule that you have communicated to us.
For any other pick-up, as well as for arrivals by train, bus, ferry or other, the waiting time is 10 minutes maximum. Any additional wait is charged according to the rates in force during your reservation. without news from you within 10 minutes, the driver, as well as Heroad, will be released from all obligations and the service will be charged at 100%
Specific provisions relating to professional customers
Corporate customers registered with Heroad services must respect this CCA. In case of agreement between the two parties, special condtions can be attached to these contract terms. In no case the special conditions can undermine this CCA.
Law of 22 November 2013, resulting from the transposition of Directive 2011/7 / EU : The comercial transactions between a company and Heroad are due within 30 days from the receipt of the invoice or the delivery of the service.
Interest of delay and compensation
In case of non-payment within the 30-day periods, the professional debtor will be liable to Heroad statutory interest of 8% plus the ECB key rate on amounts not collected. In addition to legal interest, Heroad will collect, automatically and without notice, a lump sum allowance of € 40. In addition to interest and lump sum compensation, Heroad may, in its sole discretion, require from all professional debtor reasonable compensation to cover all recovery costs incurred.
The subscription and use of Heroad is made for an indefinite period, under the application of a long term contract diposable at the headquarter of the company and that takes its effects the day you subscribe with Heroad or the day you use the services for the first time. The commitment can be broken at any time and without justification on the part of both parties, including, but not only, when: (i) a provision of these conditions is not met. (ii) a legal provision is not respected. (iii) At sole discretion of both parties, without justification.
Specific provisions relating to cars, drivers and third-party partners
Heroad will implement reasonable measures to inform you of the identity of the third party provider and/or driver, the vehicle type and brand as well as its registration numbers, before the ride / booking. A list of third-party partners and drivers, their vehicles, their plate numbers and license numbers, operating through the services are available on request at email@example.com or by visiting http://www.heroad.be/drivers-listing.pdf
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HEROAD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HEROAD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HEROAD DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS FOR SERVICES , APPLICATIONS , OR WEB BOOKING WIDGET. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. HEROAD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HEROAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEROAD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HEROAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEROAD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HEROAD’S REASONABLE CONTROL. HEROAD’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HEROAD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold HEROAD and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) HEROAD’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers ; or (v) your violation of the disposions related to the 18 October 2007 Decree, as amended, relating to taxi service and rental car with driver.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Belgium. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration within Belgian's laws. The language of the mediation and/or arbitration shall be French, unless you do not speak French, in which case the mediation and/or arbitration shall be conducted in both French and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the court, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions General You may not assign or transfer these Terms in whole or in part without HEROAD’s prior written approval. You give your approval to HEROAD for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of HEROAD’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, HEROAD or any Third Party Provider as a result of the contract between you and HEROAD or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.” Translation This customer contractual agreement is translated from french. If the translation had to be false or lead to a misunderstanding of the text, the French version shall always prevail in case of dispute.