General terms and conditions of sale and use (GTCSU) of the anti-pollution package
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This document presents the General Terms and Conditions of Sale and Use of the Anti-pollution pass on contactless media (the passes of the Navigo range and on magnetic support).
Preamble
This document presents the General Terms and Conditions of Sale and Use of the Anti-pollution pass on contactless media (the passes of the Navigo range and on magnetic support).
The use of the Anti-pollution package is subject to the Holder's full, complete and unreserved acceptance of these General Terms and Conditions of Sale and Use as well as those relating to the medium on which the package is loaded.
The Anti-pollution package, created by Île-de-France Mobilités, is managed by S.A.S Comutitres, hereinafter referred to as "Comutitres S.A.S" or "Agence Navigo" in the name and on behalf of Île-de-France Mobilités.
1. DEFINITION
1.1 The name "Holder" indicates the person using the Anti-pollution package.
1.2 The term "Carriers" refers to companies that have entered into a public service contract or delegation with Île-de-France Mobilités for the operation of passenger transport lines.
2. PRESENTATION AND USE
2.1. Presentation
The Anti-pollution package is available in the event of a pollution peak in Île-de-France, on days of differentiated traffic for certain categories of passenger cars and on days authorised by Île-de-France Mobilités (refer to §3.1).
2.2. Use
Usable on the entire network of the Île-de-France region, the Anti-pollution pass allows you to travel on the regular public transport lines of the Carriers, including Orlybus, Roissybus, the Noctilien and Filéo night buses as well as on certain local services and Transport on demand, TER or Intercités trains (excluding reservation required) in 2nd class. The courses must be entirely carried out in Île-de-France.
It is not valid on Orlyval, the TGV, or on lines that do not apply the Ile-de-France fare. (in particular the shuttles serving the airports Le Bus Direct and VEA Disney and the OpenTour and Cars Rouges tourist buses).
2.3. Temporal validity
Contactless anti-pollution package on a medium
The Anti-pollution package on contactless media is valid for one day, determined at the time of purchase by the user during the defined peak pollution period. It is valid from 00:00 to 23:59 on the chosen day. The time taken into consideration is the time of the input validation of the mode of transport used.
For Noctilien, the Anti-pollution package on a contactless medium is valid until the next day 5:59 a.m. from its day of validity. The time taken into consideration is the time of the input validation of the mode of transport used.
Anti-pollution package on magnetic support
The Anti-pollution package on magnetic media is valid for one day, determined at the time of purchase by the user during the defined peak pollution period. It is valid from 05:00 to 03:00 the next day. The time taken into consideration is the time of the input validation of the mode of transport used. For Noctilien, the Anti-pollution pass on magnetic media is valid until the next day 5:00 am of its day of validity. The time taken into consideration is the time of the input validation of the mode of transport used.
3. PRICING
3.1. The pricing of the Anti-pollution package is set by Île-de-France Mobilités. It can be consulted:
- on the website iledefrance-mobilites.fr "Prices" section
- on posters in transport places
- on the route calculation website (iledefrance-mobilites.fr) with an indication of the unit price of a journey
- on the Île-de-France Mobilités fare guide
3.2. The Anti-pollution package is sold individually at a single rate (full rate).
3.3. A maximum of two Anti-pollution passes are issued at the same time of purchase.
4. Purchase and top-up
4.1. Sale period
The Anti-pollution package is only valid on days of peak pollution. The opening for sale stems from the decision on differentiated traffic taken by the Prefect made public in a press release and/or disseminated on the website of the Prefecture of Police or by decision of Île-de-France Mobilités to apply the specific tariff.
The sale of Anti-pollution passes is open from the day before the peak pollution period, from 8 p.m.
4.2. The package price is payable in cash at the time of purchase.
4.3. The Anti-pollution pass can be loaded onto a Navigo, Navigo Découverte, Navigo Annual, Navigo Easy, Navigo imagine R pass:
o at the ticket offices and on the vending machines of the Carriers
o at the Carriers' authorized dealers
o from the mobile applications offering the Purchasing Service
The Anti-pollution package can also be loaded on your phone from the mobile applications offering the Purchasing Service. See the General Terms and Conditions of Use of the Telephone as a title medium.
The Anti-pollution package can also be purchased in the form of a magnetic coupon, which indicates the date of validity.
4.4. Cohabitation
The "cohabitation" of different tickets or contracts is defined as the possibility of loading these tickets on the same pass. The Rules for the Cohabitation of Securities and Contracts are available on the iledefrance-mobilites.fr website.
5. VALIDATION
5.1. The user of an Anti-pollution pass must and systematically validate the support containing his pass on the Carriers' validation devices before each journey when entering the network and/or boarding the vehicle, but also, where applicable, during connections and exit, under penalty of being in violation.
5.2. The validation of the Anti-pollution package allows the trip of one person only.
5.3. It is not possible to validate several Anti-pollution packages of the same contactless device to allow the travel of several people on the same route.
5.4. As with the ticket, if the user forgets their Navigo or mobile pass, they must buy a new ticket in order to travel. This is not refunded.
6. CONTROL
6.1. In the event of an inspection, the user must present their ticket or the contactless device on which the Anti-pollution pass validated at the entrance is loaded.
6.2. Failure to comply with the principles of systematic validation (Article 5) and/or the rules for the use of the Anti-pollution package (Article 2) shall result in the payment of a lump-sum compensation and any associated administrative costs in accordance with the regulations applicable to public passenger transport services in the Île-de-France region.
6.3. If the offender fails to pay the offence within two months of the offence, he or she is liable to pay the increased fixed fine collected by the Treasury (Article 529-5 of the Code of Criminal Procedure).
7. AFTER-SALES SERVICE
7.1. The Anti-pollution package cannot be changed.
7.2. An Anti-pollution package can only be refunded if the cancellation is made up to the day before the day on which the package is valid.
7.2.1. The cancellation of the pass can be carried out free of charge at all Carriers' ticket offices, RATP counters and Navigo SNCF Services Counters or on automatic sales machines. Proof of cancellation is given to the user.
7.2.2. The request for a refund accompanied by the proof of cancellation must be sent by the user of the package to the Carrier who made the cancellation:
- Either to RATP – Customer Service – TSA 81250 - 75564 Paris Cedex 12
- Either at SNCF – SNCF Transilien Customer Relations – TSA 21262 – 75564 Paris Cedex 12 or by email on https://www.transilien.com/fr/nous-contacter
7.2.3. The refund is made by cheque letter or bank transfer within 2 months.
7.2.4. For an Anti-pollution package loaded on a phone, the cancellation of the package can only be done via the mobile applications offering the Purchasing Service. The refund is made to the credit card used for the purchase
7.3. In the event of loss/theft of the contactless medium, no replacement or troubleshooting solution will be offered.
7.4. In the event of a malfunction of the support, if it is legible, the replacement of the package is possible free of charge. It is loaded on another pass among those specified in Article 3.3.
If the media cannot be read, the package can be replaced free of charge upon presentation of proof of purchase bearing the number of the defective media. The pass is then recharged on another pass among those specified in Article 3.3.
This operation can be carried out at all Carriers' ticket offices, RATP counters and Navigo SNCF Service Counters.
7.5. Malfunction of a title loaded on a phone
In the event of a malfunction during the validation of an Anti-pollution package loaded on a phone, the cancellation of the sale is possible if strictly no validation could be carried out with this phone or its SIM card beforehand. The request for cancellation of the Anti-pollution package can only be made from the mobile application offering the purchase service. The refund will then be made to the credit card used for the purchase.
8. TERMS OF USE OF THE MEDIUM
The user undertakes to respect the precautions taken when using the medium he uses to allow it to function properly. These rules are set out in the General Terms and Conditions of Sale and Use of each medium, and available on iledefrance-mobilites.fr.
9. INFORMATION RELATING TO PERSONAL DATA
The Anti-pollution pass can be loaded on a Navigo, Navigo Découverte, Navigo Annuel, Navigo Easy, Navigo imagine R pass or on a contactless smartphone/device.
has. Case of passes on the Navigo Découverte, Navigo Easy passes or on a contactless smartphone/device.
The purchase and management are handled by one of these media for which data is kept and framed as part of the medium.
The data collected relating to the media is subject to automated processing, the purpose of which is the management of packages and media. They depend on the medium on which the title is loaded. For more information on this processing and for the exercise of rights, please refer to the General Terms and Conditions of Sale and Use of each medium available on the iledefrance-mobilites.fr website:
- General Terms and Conditions of Sale and Use of the Navigo Découverte Pass
- General Terms and Conditions of Sale and Use of the Navigo Easy Pass
- General Terms and Conditions of Use of the Telephone as a Title Medium
b. Case of passes on the Navigo, Navigo Annual and Imagine R passes.
As part of the execution of the Anti-Pollution Packages, processing is carried out on the Personal Data of the Account Holder and the Payer by various data controllers who are concerned about the protection of their privacy and respect for their personal life.
Île-de-France Mobilités processes Personal Data in the context of:
· the subscription and management of the contract;
· institutional communication and commercial and non-commercial communication;
· Carrying out statistical analyses.
In addition, processing for the purpose of preventing and managing unpaid bills, theft and loss of transport tickets as well as the fight against fraud, may result in a rejection of the transaction or a termination of the package.
9.2.1. Processing for which Île-de-France Mobilités is the data controller
9.2.1.1. What Data is collected?
The Data collected by Île-de-France Mobilités in the context of the performance of the contract are as follows:
· Identification Data;
· Personal Life Data;
· Economic and Financial Data;
· Health Data;
· Infringement Data.
9.2.1.2 Why is Data collected?
The Data collected is subject to automated processing, for which Île-de-France Mobilités is the data controller, and the purposes of which are listed in the preamble to Article 9.
9.2.1.3 Why is the collection and processing of this Data lawful?
The collection and processing of this Data is possible:
· on the basis of the performance of the contract and the consent of the Holder and the Payer for: the management of the contract/service and the production of statistics;
· on the exercise of a public service mission of Île-de-France Mobilités for the sending of so-called institutional non-commercial communications;
· with the consent of the Data Controller and the Payer for the sending of commercial communications.
9.2.1.4 How long does Île-de-France Mobilités keep this Data?
Île-de-France Mobilités keeps the Customer Data specific to Navigo Jeunes Weekend passes during the execution of the contract as well as until the end of the applicable limitation periods.
In order to verify eligibility for the conditions of access to the ticket, only the proof of identity transmitted from the Personal Space on the Île-de-France Mobilités website is kept for the time it takes to create the account and the associated services that require these proofs.
9.2.1.5 Who can have access to this Data?
The Data is intended for Île-de-France Mobilités, Comutitres S.A.S, its service providers and contractual partners, public transport companies in the Île-de-France region, institutional funders, polling and statistical institutes, and companies carrying out surveys relating to transport in the Île-de-France region.
The Data resulting from operations carried out on the online services of entities offering Multimodal Digital Services are intended for Île-de-France Mobilités, its subsidiary, its service providers and contractual partners and the Holder of the Multimodal Digital Service concerned by the operation.
9.2.1.6 Transfer of Data outside the European Union
Data concerning the Payer and the Account Holder, or their legal representative, are communicated for management purposes to Île-de-France Mobilités' subcontractors established outside the European Union (Madagascar and/or Côte d'Ivoire).
In this regard, only Data relating to identification, personal and professional contact details, and the subscription contract will be transferred.
These Data transfers are governed by cross-border flow agreements established in accordance with the standard contractual clauses issued by the European Commission or Binding Corporate Rules (BCRs).
9.3 Processing for which the Carriers are responsible for processing regardless of the medium:
The Carriers process Personal Data in connection with:
· the management of operations and transactions carried out on the Carrier's sales front;
· the management of validation and the resulting data, in particular the invalidation of fraudulent securities;
· the fight against offences against the Transporters' police, the control of tickets, the ticketing and the recovery of fines;
· commercial and non-commercial prospecting operations in compliance with the regulations in force;
· statistical analyses to improve the transport offer and the services offered by the Carrier;
· the management of customer complaints related to the use of the Carriers' network.
· Personal Data relating to the Account Holder and the Payer allowing them to be identified are referred to as "Data" below.
9.3.1 What Data is collected?
The Data collected by the Carriers as part of their processing are the following:
· Identification Data;
· Economic and Financial Data;
· Infringement Data;
· Validation Data.
9.3.2 Why is Data collected?
The Data collected is subject to automated processing, for which the Carriers are responsible for processing, and the purposes of which are listed in the preamble to Article 14.
9.3.3 Why is the collection and processing of this Data lawful?
This processing is carried out in the context of:
· the performance of the contract, a legal obligation (management of customer complaints, control and fines);
· the consent of the Account Holder and the Payer (commercial prospecting) or
· the legitimate interest pursued by the data controller (non-commercial communication, commercial communication for similar goods and services, anonymised statistical studies).
9.3.4 How long do Carriers keep this Data?
The retention rules implemented by the RATP and the SNCF are:
· The Data is kept for a period that may differ depending on the purposes for which it is processed.
· The nominative traces of the movements (timestamp - place of validation - pass number) are only kept for a few hours. Beyond that, the data is anonymised for statistical purposes. Only the daily cumulative number of validations carried out at the entrance and/or exit of the rail networks for the current month and the previous month (without a place of validation) is kept for the quality monitoring of Navigo passes.
· The Data necessary for the processing of complaints is kept for a period of three years from the closure of the file.
· Data related to operations carried out on the sales front are kept for a maximum period of two years, from the date of the operation.
· The Data collected in the context of the establishment of infringements is kept for a period of up to six years from the commission of the offence, depending on the type of offence and the follow-up given.
· Data collected for prospecting and communication purposes is kept for a period of three years from the last contact of the person concerned or until the withdrawal of his or her consent.
The Data retention periods of the processing carried out by the other Carriers can be found on the latter's website.
9.3.5 Who may have access to this Data?
As part of this processing, the Data is only shared with their subcontractors, Île-de-France Mobilités and Comutitres S.A.S, in order to carry out statistical analyses enabling them to improve the transport offer and the services offered by the Carriers. Only the Data that is strictly necessary to carry out these statistical analyses is communicated.
For the purposes of statistical traffic analysis, Île-de-France Mobilités is the recipient of the previously anonymised Validation Data.
9.3.6 Transfer of Data outside the European Union
The Carriers undertake to do everything possible to avoid transfers outside the European Union and the appropriate country.
In the event that such transfers are envisaged for the future, the Carriers undertake to take guarantees from their subcontractors in order to ensure an adequate level of protection of the Data transferred and to supervise the transfers by the mechanisms provided for by the regulations in force.
9.4 What are the rights of the Data Controller and the Payer over their Data and how can they be exercised?
The Data Controller and the Payer each have the right to access, rectify, delete, limit, portability, oppose for legitimate reasons, to define advance directives relating to the fate of their Data after their death as well as the right to lodge a complaint with the CNIL.
To exercise their rights, the Account Holder and the Payer may send their request with the specification of the right(s) concerned by their request, the scope of their request (product, Île-de-France Mobilités account or all processing). Accompanied by their contact details, their customer number and elements to prove their identity.
The Account Holder and the Payer may send the request to the following addresses depending on the processing concerned:
· processing for which Île-de-France Mobilités is the data controller:
o to the postal address: Île-de-France Mobilités – 39bis 41 rue de Châteaudun – 75009 Paris;
o or to the e-mail address: [email protected].
· processing for which the Carriers are responsible for processing:
o the Account Holder and the Payer may contact the Carriers directly via their institutional websites;
o or to the RATP postal address: RATP Data Protection Officer – 54 Quai de la Rapée – LAC LT73 – 75599 Paris Cedex 12 or to the e-mail address: [email protected] ;
o or to the SNCF postal address: DPO - Performance Department - Legal and Compliance Department - WILSON Campus – 9 rue Jean Philippe Rameau CS20012 – 93212 Saint Denis or via a form dedicated to online requests to exercise law: https://sncf-portail.my.onetrust.com/webform/8cf4ca11-20b3-4a48-94e4-24d6e95ff839/f1a5d06d-c8aa-40b3-9831-c16baacd6a10 ;
o or to the OPILE's postal address: DPO OPTILE – 32, rue de Caumartin – 75009 Paris.
If the Registrant is a minor under the age of 15 or an adult under guardianship or guardianship, his/her legal representative may exercise all the rights listed. Proof of the legal representation of the minor or protected adult will be requested.
10. MEDIATION
These General Terms and Conditions of Sale and Use are subject to French law.
In the event of a dispute, and only after a written request has been sent to the customer service department concerned and whose response has not been satisfactory or in the absence of a response within one month, the customer may resort to mediation to settle the dispute amicably.
However, the parties to the dispute remain free to accept or refuse the use of mediation. The solution proposed by mediation is not binding on the parties.
The customer will find on the RATP, SNCF and Optile websites, from their agents or on the appropriate communication media implemented by each of them, the contact details and address of the website of the competent mediator to which each Carrier belongs, the customer being able to refer the matter to the mediator of his choice.
11. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
Île-de-France Mobilités reserves the right to change these General Terms and Conditions of Sale and Use. In this case, the new general terms and conditions will be brought to the attention of customers by means of publication in the collection of administrative acts of Île-de-France Mobilités, as well as by means of posting on the websites iledefrance-mobilites.fr, optile.com, ratp.fr and transilien.com.