FlixCar Terms and Conditions of Use

Version and Date of the Terms and Conditions of Use: V1, 12/16/2019

These Terms and Conditions (T&C) govern the terms and conditions of use of the FlixCar Platform made available by FlixMobility GmbH to Users, Drivers and Passengers. This FlixCar Platform is to be used for non-professional purposes.
Acceptance of these T&C is required to become a Member.


ARTICLE 1 – DEFINITIONS

T&Cs: these Terms and Conditions of Use.

Account: the account created by a Member on the FlixCar Platform.

Driver: a non-professional natural person who posts Trip Offers on the FlixCar Platform as a Member and accepts one or more Passengers in their vehicle for such Trips.

Member Area: the area dedicated to a Member, in which a Driver can post Trip Offers.

Member: any natural person over the age of 18 who is legally capable of entering into contracts and who has created an Account on the FlixCar Platform.

Trip Offer: a Trip announcement posted by a Driver on the FlixCar Platform.

Passenger: a Member who has made a Booking as a result of a Trip Offer posted by a Driver.

Trip Contribution: the amount of money requested by the Driver from the Passenger as their contribution to the cost of the Trip. This amount is paid directly by the Passenger to the Driver.

FlixCar Platform: the Platform accessible via the www.flixcar.fr, www.flixcar.fr/en websites or the FlixCar mobile app, enabling any User to view Trip Offers and allowing Members to connect with each other.

Booking: the action by a Passenger indicating their intention to participate in a Trip by clicking on “Reserve a Seat” at the bottom of the relevant Trip Offer.

Services: all services made available to Members through the FlixCar Platform, in particular for the Driver to post Trip Offers, for the Passenger to make Bookings, and for each of them to give ratings.

User: a person who connects to the FlixCar Platform without becoming a Member.

Trip: the itinerary for a given date and schedule offered by a Driver in consideration of a Trip Contribution, for which the Driver agrees to carry one or several Passengers.


ARTICLE 2 – SCOPE AND ACCEPTANCE OF THE T&Cs

The FlixCar Platform connects Drivers and Passengers for carpooling services. It is specified that FlixMobility’s role is to facilitate this relationship; however, FlixMobility is not involved in the agreement entered into directly between the Driver and the Passenger and has no control over the behavior of the Members and their compliance with these T&Cs. In particular, it is emphasized that FlixMobility is only a relationship enabler, and does not act as a carrier. It also does not check the vehicles used by the Drivers or the truthfulness of the information provided by Members.
Its responsibility is strictly limited to operating the FlixCar Platform that puts Members in touch with each other.

These T&Cs are intended solely to provide a framework for the terms of the provision of the Services made available to Members through the FlixCar Platform.

These T&Cs, which are accessible at any time on the FlixCar Platform, apply to the Members’ use of the FlixCar Platform, to the exclusion of any other terms and conditions. They are confirmed at each Trip Offer posting by a Driver and at each Booking by a Passenger.

Each Member Account creation is governed by the T&Cs applicable on the date of the Member’s registration.


ARTICLE 3 – ACCESS TO THE FLIXCAR PLATFORM SERVICES

Users can view Trip Offers and access Driver profiles on the FlixCar Platform without becoming Members.

To become a Driver or Passenger and receive Trip Posting and Booking Services, the User will be required to become a Member by opening an Account and accepting these T&Cs. Members state that they are acting on their own behalf and in their own name. A Member cannot open multiple Accounts.

There are several ways to register on the FlixCar Platform and become a Member:

In this case, the Member will be required to provide, on the registration form, their last name, first name, gender, date of birth, telephone number and login details, namely, a valid email address and a password.
Members are fully responsible for maintaining the confidentiality of their usernames and passwords. They agree not to use the Account, name or login details of any other natural person who is a Member or non-Member, at any time, or to disclose their login details to any third party.

In no event will FlixMobility be liable for any use of the FlixCar Platform by any third party that has availed itself of a Member’s username and password.

Members undertake to immediately notify FlixMobility if they suspect unauthorized use and/or theft of their usernames or passwords.

In such a situation, Members shall change their passwords.

If a Member decides to register on the FlixCar Platform through their Facebook or Google account, they shall validate these T&Cs and will be informed that FlixMobility will have access to certain information relating to them from such accounts. Members can remove the link between their Facebook or Google Accounts and their FlixCar Accounts at any time by modifying their profile.

By opening an Account, Members accept these T&Cs, and the Privacy Policy, after having read them.


ARTICLE 4 – SERVICES AVAILABLE TO MEMBERS

4.1 Posting Trip Offers

After becoming a Member, the Driver is authorized to post Trip Offers on the FlixCar Platform, with the following information which Passengers can view by clicking on the relevant Offer:

For each trip, the Driver undertakes to comply with the information stated in their Offer.

4.2 Booking a seat on a Trip

After viewing the Trip Offer information, the Passenger can choose to make a Booking by clicking on “Reserve a Seat”.

If there are any remaining seats, the Booking will be automatically accepted.

Passengers will receive confirmation of their reservations at the email address specified when creating their Account. This confirmation will contain the information necessary for the Passenger and the Driver to communicate ahead of the Trip.
The Passenger and the Driver are solely responsible for the suitable organization of the Trip (time and meeting point, etc.).
FlixMobility shall not be responsible for any communication issues that may subsequently arise later between the Passenger and the Driver.

Passengers are advised that they can only make a Booking for themselves.
No booking on behalf of a natural person other than the Passenger may be accepted, nor any booking of an animal traveling alone, a package, or any other object.

4.3 Trip Cancellation

Members are advised that if the Driver or Passenger cancels a Trip, no compensation will be payable by FlixMobility.

In the event that the Passenger or the Driver needs to cancel the Booking or the Trip, they undertake to log into the Platform as soon as possible on the relevant Trip Offer and click on “Cancel the Trip”.
If the Trip is cancelled by the Passenger, the seat reserved by the Passenger will then be reposted online on the FlixCar Platform.
If the Trip is cancelled by the Driver, the Passenger is notified by email to the address specified in their profile.

Members are advised that frequent cancellations and/or cancellations near the departure time are detrimental to FlixMobility’s reputation and image.
The Members involved may be subject to temporary suspension or definitive termination of their Account under the conditions set out in Article 4.5 of these T&Cs.

4.4 Ratings

After a Trip, or if a Trip has been canceled, the Driver and Passenger can rate each other.

Members are advised that their ratings will be visible on their Accounts on the FlixCar Platform.

4.5 Account Suspension

Any Member whose conduct is objectionable or inconsistent with the principles set out in these T&Cs or who, for example:

may have their Account temporarily suspended by FlixMobility for a period of one month.
In such a case, FlixMobility will inform the Member by email that their conduct entails the suspension of their Account. This information will be sent to said Member four days prior to the effective suspension of their Account.

As of the date of the reception by a Member of the information regarding the suspension of their Account by FlixMobility, the Member will have two days to provide any explanation to FlixMobility that may justify their conduct. After reviewing the explanations provided by the Member, FlixMobility may choose whether or not to continue the Account suspension process.

Suspension of the Account will result in the full inability to access the Services.

In case of recurring breaches after the Member has already had their Account suspended, FlixMobility may decide to suspend said Member’s Account for a period of one year, or permanently ban them from the FlixCar Platform.
In this case, the procedure described above for temporary suspension of an Account will apply.


ARTICLE 5 – MEMBER OBLIGATIONS

5.1 Obligations for all Members

5.1.1 Members guarantee the truthfulness and accuracy of the personal information provided when opening their Accounts. They undertake to update it in their profile as needed.
FlixMobility may perform checks on the information provided (e-mail address, age, telephone number, etc.) and request proof for fraud prevention purposes.

Members guarantee they will comply with the entire T&Cs.

5.1.2 In addition, Members undertake not to engage in any conduct or post any content on the FlixCar Platform that is offensive, contrary to public policy or morality, or prohibited by the laws and regulations in force, and undertake in particular to refrain from posting content that is racist, xenophobic, or sexual in nature or that incites violence, discrimination, or hate, or infringes the rights of individuals or harms FlixCar’s reputation.

FlixMobility reserves the right to remove any content that violates this clause and may, if applicable, suspend and/or terminate the Member’s Account, without such action resulting in any refund or compensation.

5.1.3 Members also undertake to use the FlixCar Platform Services solely for connecting with each other for carpooling purposes.

5.2 Driver Obligations

For the entire time a Member is a Driver, they undertake to:

Furthermore, the Driver agrees to wait for the Passenger at the designated meeting point for 15 minutes beyond the agreed time.

5.3 Passenger Obligations

After booking their seats on a Booked Trip, Passengers undertake to:


ARTICLE 6 – PERSONAL DATA

Members’ personal data are processed by FlixMobility in accordance with the privacy policy, which Members are encouraged to read: https://www.flixcar.fr/en/privacy-policy.


ARTICLE 7 – INTELLECTUAL PROPERTY

With the exception of the Member Areas, whose content belongs to each Member, all content on the FlixCar Platform, including but not limited to copyrighted material, trademarks, logos, graphic elements, sound, photos, databases, software, text and videos, is the exclusive property of FlixMobility or its partners.

Any copy, extraction, decompilation, representation, dissemination, distribution, transmission, display, link, deep link, or any other modification of the FlixCar Platform made without the express written permission of FlixMobility, is strictly prohibited. Any breach of these terms and conditions may result in an infringement of copyrights, trademarks or other intellectual property rights and their perpetrator may be subject to civil and/or criminal penalties.

After opening an Account, Members are entitled to use the Member Area reserved to them. For the purpose of operating the Platform and connecting Members, the Member grants FlixMobility a free, non-exclusive license to use said content for worldwide distribution and for the duration of the rights protection. This right allows FlixMobility to use, reproduce, adapt, translate, modify, and publish Member content, in strict compliance with the purpose of the Service, on the FlixCar Platform or on any other medium providing the Service. Drivers also authorize any User to access the content and to view it.

The provisions of this Article 7 benefit FlixMobility as well as its subsidiaries, affiliates and third-party content providers and licensors. Each of them is entitled to enforce said stipulations, either directly or in their own name.


ARTICLE 8 – RIGHT OF WITHDRAWAL

As the Member liaison service performed by FlixMobility is carried out when a Trip Booking is confirmed, and therefore prior to the withdrawal period, the Member expressly agrees to waive their right of withdrawal in accordance with the provisions of Article L.221-28(1) of the French Consumer Code.


ARTICLE 9 – FLIXCAR PLATFORM AVAILABILITY

FlixMobility will strive to keep the FlixCar Platform accessible 24/7.

However, Members are advised that access to the FlixCar Platform may be suspended without notice, in particular for the performance of maintenance operations or updates.


ARTICLE 10 – INVALIDITY

If any provision of these T&Cs is declared invalid or unenforceable, this invalidity, unlawfulness or unenforceability will not affect the validity of any other provision. FlixMobility shall endeavor to conclude, immediately and in good faith, valid provisions to replace them.


ARTICLE 11 – GOVERNING LAW

These T&Cs are governed by the law of the country in which the Member has their habitual residence if this place of habitual residence is located within the European Union.

In all other cases, these T&Cs are governed by German law.

In the event of a claim relating to the FlixCar Platform or the Services, the European Commission offers a platform for online extrajudicial dispute resolution, accessible on www.ec.europa.eu/consumers/odr. Before any claim for dispute settlement, the Member must have filed a written claim with FlixMobility in order to reach an amicable settlement.

If the Member is a French resident, they have the right to resort to an ombudsman in the event of a dispute.

Conciliation is a free, confidential, and quick process for amicably settling disputes, which each party is free to accept and suspend at any time.

The consumer ombudsman is an independent person tasked with proposing solutions to disputes between professionals and consumers, by providing advice that each party is free to accept or decline.

To file a conciliation request, the process is as follows:

How FlixCar works

ride-share

For passengers

After you create a FlixCar account, it takes just 3 easy steps to book a ride. Search for a ride, choose the one you want, and confirm your reservation. Simple as that! And you won't be charged any fees.

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driver

For drivers

After you create a FlixCar account, you're just 3 steps away from publishing a ride. Choose the departure and arrival destinations, provide information about the ride, and confirm your offer. Then you're all set!

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