The purpose of these General Terms and Conditions of Sale and Use (GTCSU) is to define the conditions under which Ecov offers a carpooling intermediation service through the IDFM carpooling lines application, through the carpooling stops deployed on the road, to people acting for non-professional and non-commercial purposes. These T&Cs are applicable from 28 April 2025.
In accordance with the legal provisions in force, carpooling is defined as
" the joint use of a land motor vehicle by a driver and one or more passengers, carried out for no consideration, except for the sharing of costs, in the context of a journey that the driver makes on his own account. To this end, they may be put in contact for a fee and does not fall within the scope of the professions defined in Article L. 1411-1 [of the Transport Code]" [Article L.3132-1 of the Transport Code].
These General Terms and Conditions of Sale and Use apply to the services offered by Ecov on the idf-mobilites.fr/lignes-covoiturage website, on the Application, on the SMS Journey and through the carpooling stops deployed on the road with the competent local authorities.
The use of the Île-de-France Mobilités Carpooling Lines Service is subject to the General Terms and Conditions of Sale and Use in force at the time of making a Trip. Any User of the Île-de-France Mobilités Carpooling Lines Service undertakes to carefully read these General Terms and Conditions of Sale and Use and to accept them without conditions or reservations. This acceptance is materialized by a validation click, by ticking the box " I accept the general terms and conditions of use " on the Site or the Application.
The Île-de-France Mobilités Carpooling Lines Service is reserved for non-professional and non-commercial use. Thus, it is expressly forbidden for professionals such as taxis, VTCs or any other type of passenger transport service to use the Île-de-France Mobilités Carpooling Lines Service. If Ecov were to become aware of a violation of this rule of use, it would then immediately suspend the User Account concerned, without prejudice to any subsequent termination.
Article 1. Definitions
For the purposes of these Terms and Conditions, capitalized terms, whether used interchangeably in the singular or plural, shall have the meanings given to them below:
- Application means the mobile application of the Service downloadable on smartphones on iOS and Android;
- Carpooling stop refers to street furniture or possibly connected equipment, deployed on the road, and intended to allow the connection and meeting between a Driver and a Passage for the realization of a Trip;
- T&Cs refers to these General Terms and Conditions of Sale and Use
- User Account means the personal account of the User of the Service. The creation and use of the User Account are described in Article 2;
- Driver(s) means the User of the Service offering to transport another User of the Service (Passenger) from one Carpooling Stop to another;
- Ecov refers to Ecov, a simplified joint-stock company with a capital of 70,028.08 euros, registered with the Nantes Trade and Companies Register under number 808 203 467, whose registered office is located at 3 Rue Maya Angelou, 44200 Nantes;
- Additional Features refer to all the features that may be made available to all or some of the Users by Ecov, in addition to the Service, and intended in particular to improve the quality and/or practicality of the Service or to increase its use. These Additional Features may, where applicable, give rise to special conditions of use;
- User Interface(s) means the Site, the Application and the SMS Path;
- Brand refers to the commercial brand Lignes de covoiturage Île-de-France Mobilités;
- Experimental Operation means a one-time adaptation of the Service, which may relate to any aspect of the Service, in order to improve the Service. An Experimental Operation is limited in time and defined by specific contractual terms, separate and additional to these T&Cs;
- Promotional Operation means a one-time adaptation of the Service, which may relate to any aspect of the Service, in order to enable communication and engagement in the Service. A Promotion is limited in time and defined by specific contractual terms, separate and additional to these T&Cs;
- SMS Journey refers to the carpooling registration and ordering interface accessible from the Carpooling Stops by the Passenger(s) and implemented by means of a mobile phone, by sending an SMS to the number indicated at the stop;
- Passenger(s) means the User making a request for carpooling in order to be transported by the Driver within the framework of the Service;
- Service means the ride-sharing service Ride-sharing lines
Île-de-France Mobilités offered by Ecov through the User Interfaces and provides between the different Carpooling Stops in the Coverage Area;
- Site means the idf-mobilites.fr/lignes-covoiturage website;
- Journey means the distance travelled between (i) the Carpooling Stop at which the Driver has picked up the Passenger and (ii) the destination Carpooling Stop provided by the Passenger. The destination provided by the Passenger must correspond to a Carpooling Stop of the Service or be located near a Carpooling Stop of the Service;
- User means a person who has subscribed to the Service;
- Use of the Service refers to any action by a Passenger or a Driver in order to complete a Journey or to contribute to the preparation of the completion of a Journey.
- Coverage Area refers to the geographical perimeter on which the Carpooling Stops are located and on which the Service is available. The locations of the Carpooling Stops are available on the Application and the Website.
Article 2. Access to the service
2.1. Creation of the User Account
Any person wishing to subscribe to the Service must create a User Account on one of the User Interfaces.
When creating the User Account from the Application, the User chooses a password and indicates his or her telephone number as the login ID. This password is personal, confidential and cannot be transferred to third parties.
The login ID and password are unique to each User. It is therefore the User's responsibility to guarantee the maintenance of the confidentiality of his password allowing him to use the Service.
Certain information must be provided, including surname, first name, date of birth, mobile phone number and password.
For registrations from the Site and the Application, the indication of a valid email address is mandatory. This information may be requested at a later stage from Users registered through the SMS route.
The User guarantees the veracity and accuracy of the information he or she communicates through the User interfaces.
The creation of the User Account is also subject to the acceptance of these T&Cs.
2.2. Validation of the User Account
To prevent cases of abuse or fraud, the mobile phone number is verified. An SMS containing an activation code will be sent to the phone number provided when creating an account. The activation code will then need to be entered or communicated via the Registration User Interface.
The phone number can be used to contact the user as part of the service.
Before the final validation of the User Account, an automatic verification of the User's age will be carried out on the basis of his declaration:
- if the User is over 18 years old: the registration will be automatically validated;
- if the User is between 15 and 18 years old: the registration will only be validated after receipt of parental authorization (Appendix 2) and proof of identity of the minor's parent or legal representative necessary for the use of the Service.
- Parental authorization must be sent to: [email protected]
The minor user will be able to use the service as a passenger, but not as a driver.
- if the User is under 15 years old: the Application will refuse to allow the User Account to be created.
For the provision of Additional Features, Ecov reserves the right, if necessary, to request any additional information or document that it deems useful or necessary. Ecov reserves the right to have the authenticity of these documents verified by a third-party service.
As soon as all the required information has been validated as part of the registration procedure, people using the Service will be considered as Users and will be able to access their User Account on the Application.
As part of the registration, an email confirming the email address is sent to the email address provided, in order to ask the User to verify this email address.
The User may also be contacted by the Support Service in order to present the Service and provide him with any useful information in order to use the Service. The validation of the User Account is not subject to this telephone exchange.
The validation of the User Account entails the creation of a payment account with the MangoPay Partner, in order to pay for Journeys or receive Journey allowances, in accordance with the terms and conditions defined in Article 2.3.
2.3. MangoPay online payment account
The creation of a User Account entails the subscription to a MangoPay online payment account on the www.mangopay.com/fr website.
Users are informed and acknowledge that acceptance of these T&Cs entails acceptance of the general terms and conditions of sale and use of the mobile payment service issued by MangoPay, which are also accessible on the MangoPay website.
The payment of the contribution to the passenger's expenses or the crediting of the amount of the Free Seat Allowance or the compensation relating to the care of a Passenger received by the Driver, will be made through the dedicated MangoPay payment account and will constitute a "Transaction" in accordance with the general terms and conditions of use of the MangoPay service.
None of the sums deposited in the dedicated MangoPay payment account are entitled to interest. The User must transmit, via the Application, the IBAN of a personal bank account in order to receive the credit balance of his MangoPay payment account.
The user has the option of topping up their MangoPay account in order to contribute to the passenger's costs via an external payment method (credit card).
The driver has eighteen (18) months to make the payment of his compensation to his bank account. Beyond this period, the available sums are paid back to Ecov to be reused in the provision of the Service.
2.4. Identity verification
In order to verify the User's identity, the Service uses the third-party service Onfido. Consequently, Users are informed and acknowledge that acceptance of these T&Cs entails acceptance of the general terms and conditions of use of Onfido's service, which are accessible here https://onfido.com/termsofuse/.
To transfer money from their money pot to a bank account, the user must have an identity document verified (national identity card, passport, driving licence, residence permit). This verification is required for the 1st time and may be requested again if the identity document initially validated is now expired.
In general, identity verification in the application may be requested by the Service from any User, in particular in the context of the fight against fraud. A User who refuses to have his or her identity verified following a request from the service is liable to the suspension of his or her User Account.
2.5. Updating and accuracy of the information provided on the User Account
Users are required to provide accurate and complete information. Users undertake to update any changes to the information provided when registering for the Service via their User Account. Ecov cannot be held responsible for any information that may be incorrect or fraudulent.
In the event of inaccurate or incomplete information, Ecov may suspend the User's Account. Ecov reserves the right to request any additional information or document to verify the identity of Users and the information provided, and to have the authenticity of these documents verified by a third-party service.
Users are solely responsible for the use made of their User Account. They are required to report to the Service in writing any fraudulent use by a third party or disclosure of their password to a third party. Ecov cannot, in the absence of such written notification, be liable for the harmful consequences of the use of a User Account by an unauthorized person.
Users undertake not to create or use, under their own identity or that of a third party, any User Accounts other than the one initially created.
2.6. Profile picture
The user has the option to add a profile picture. This feature aims to increase trust and safety between users when making journeys. By using this feature, the user agrees to:
- Provide a photo that complies with the standards of use (photo of the user, recent, and respectful).
- Do not use a photo that may infringe on the privacy of others or infringe image rights.
Ecov reserves the right to refuse or remove any photo that does not meet these criteria. Photos are stored in accordance with Ecov's privacy policy and can only be accessed through the use of the platform.
2.7. Communications Management
As part of the subscription to the service, the user is offered the possibility of accepting or refusing the following communications:
- I would like to receive the newsletter by email
- I would like to receive news from the line by push notification
- I would like to receive advice on how to use it by SMS
This choice is offered when activating the account.
The sending of communications by Ecov in the name and on behalf of Île-de-France Mobilités is subject to the prior consent of the user.
The management of the user's consents regarding these communications may be carried out through the management of their personal data in their Personal Space of the carpooling service.
2.8. Deletion of access and User Account
Users are free to terminate their User Account at any time, without justification, by email to the address indicated in Article 11 or directly from their User Account. The termination will be effective within one month of receipt of the termination request.
Upon termination, the User's personal data is deleted, but Ecov reserves the right to retain his/her activity data by anonymization, a processing method explained in Article 7.4 "Retention period".
Users are informed and accept that in the event of a breach of the obligations of these T&Cs, the Service reserves the right to terminate the User Account concerned, at any time and without compensation.
In particular, Ecov reserves the right to terminate the User Account immediately and without compensation in the following cases:
- In the event of use of the Service for professional and/or commercial purposes, including the use of a taxi or a VTC;
- In the event of inaccuracy of the information provided when creating the User Account, in particular with regard to age;
- In the event of bad behaviour by Users before, during or after a Trip;
- In the event of fraud or attempted fraud related to the use of the Service or use of the Service contrary to applicable laws and regulations;
- In the event of non-compliance by the User with his obligation of personal and non-commercial use of the Service;
- In the event of the creation by the same User of several User Accounts.
When a deletion of a User Account is implemented and concerns a User who has received compensation during the Use of the Service:
- if the User has entered his IBAN, the compensation paid into his MangoPay account is automatically paid to him within thirty (30) days at the end of the month from the request for deletion;
- if the User has not entered his IBAN, he receives an email to inform him and ask him to recover his compensation before deleting the account;
- Cases of fraud are dealt with on a case-by-case basis and may lead to a request for reimbursement of the compensation received.
The deletion of the User Account and access to the Service does not entail any compensation for the User.
As a reminder, fraud is punishable by law. The penalties incurred are up to 5 years in prison and a fine of €375,000.
Article 3. Use of the Service
3.1. Use of the Service by the Passenger
3.1.1. Choice and validation of the Journey by the Passenger
The Passenger must:
- go to a Carpooling Stop of their choice from those offered on the application (using the anticipation feature consisting of informing the Drivers in advance of their arrival at the stop), which defines the starting point of the Trip, and position themselves in such a way as to be visible to the Drivers;
- identify themselves on the Application via their User Account created under the above conditions or use the SMS Path;
- indicate the desired destination;
- ensure, where applicable, that its payment account has a credit at least equal to the amount of the contribution to the costs of the Journey;
- Validate the information provided and the Ride order. ;
As soon as the Ride order is validated by the Passenger, the destination is displayed on the illuminated signs set up (if applicable) as part of the Service so that the Drivers are informed of the Ride order. Other anonymous information may also be displayed on the illuminated panels, such as the amount of the cost sharing, etc.
The carpooling order may also be transmitted via the application or by telephone to Drivers who have agreed to receive this information and who would be likely to make the Trip.
The validation of the Journey entails, where applicable, the automatic debit of the participation in the costs of the Journey from the payment account associated with the User Account.
The Passenger is informed that Drivers who are not registered for the Service may also read the display on the illuminated panels and stop at the Carpooling Stop. In such a case, the Driver has not adhered to the T&Cs and the Passenger is informed that Ecov is not able to guarantee compliance with the terms of the Service. It is therefore the Passenger's responsibility to agree or not to board the vehicle of such a Driver.
3.1.2. Completion of the Journey
If several Passengers are waiting at the same stop, each Passenger boards with the Driver in order of priority, from the oldest to the most recent carpooling order.
When the passenger boards a driver's vehicle, if he uses the application: he indicates this in the application and identifies his driver (from the list of driver(s) offered or by entering the driver's code). If they do not have the Application, the Passenger transmits the driver code by SMS to the number indicated by the service.
The Passenger is then required to complete the Journey with the validated driver. Otherwise, he must contact support to cancel the pick-up.
The Passenger is informed that he or she may refuse to get into the Driver's vehicle if he or she is not satisfied with the guarantees provided by the Driver. In this case, the Passenger may continue to use the Service while waiting for another Driver if he/she has not validated the Trip, or by ordering another Trip, after cancelling his/her Journey by contacting the Support Service at the telephone number indicated in Article 4.5. "Support".
The Passenger is responsible for verifying that the Driver holds a valid driver's license and has valid mandatory liability insurance.
The Passenger is informed that this declaration of departure will result in the discontinuation of the distribution of the Journey order on the illuminated signs intended for the Drivers and by any other electronic means.
3.1.3. Extend/renew the display of the Journey ordered by the Passenger
After a certain period of time, if the Passenger is not automatically detected as still stationary, he or she will be informed on the User Interface of the time at which the Ride order will expire, resulting in the disappearance of the request for the illuminated panels and the Application.
The Passenger can extend the Ride command on the User Interface.
In the event that the Ride order has already expired, and provided that the expiration has not occurred more than twenty (20) minutes before, the Passenger may renew the Ride order in the same way.
There is no additional charge for applying for renewal. Provided that they are completed before the expiry or within twenty (20) minutes, there is no limit to the number of renewal applications.
Beyond twenty (20) minutes following the unposting of the carpooling order, the Passenger is informed that he or she will no longer be able to renew the order. They must place a new order according to the procedure described in the "Choice and validation of the journey" section, resulting in a new automatic debit of the price of the Journey.
3.1.4. Cancellation of the Journey by the Passenger
The Passenger may cancel the carpooling order from the User Interface as long as it is being displayed and then within the limit of (twenty) 20 minutes after the last undisplay.
In the event of cancellation of the Journey under the conditions described above, the Passenger will not incur any costs for the cancelled Journey and the amount of the cost sharing will be refunded to his Mangopay account.
3.1.5 - Departure guarantee
In the event of the unavailability of a Driver for the Journey ordered, and unless the Journey is cancelled by the Passenger, the service guarantees the Passenger that a vehicle and a professional Driver will be made available to him or her to make the Trip, on the origins-destinations, directions and schedules eligible for this departure guarantee, except in cases of force majeure, made by a third party, improper use of the Service by the User and contrary obligations of public order.
The eligibility criteria for the Departure Guarantee are detailed in Appendix 4.
The Professional Driver takes care of the Passenger and makes the Journey under the same conditions of use of the service for the Passenger.
3.2. Use of the Service by the Driver
3.2.1. Declaration of Journeys made by the Driver
The Driver has the option of declaring on the Application his/her availability to make a carpooling trip, provided that the Driver has consented to the use of his/her location data. This declaration can be made at the time of departure or in advance, to give passengers more visibility on the fact that they are going to make a journey.
The Driver indicates or confirms in particular:
- the carpooling stop in front of which he passes at the beginning of his Journey,
- the carpooling stop in front of which he passes at the end of his Journey, any intermediate stops in front of which he passes during his Journey
- its departure time.
When the Driver starts a journey, he undertakes to pick up the waiting passengers at the stops he has declared to serve, as long as the passengers' requests are made before the driver passes through the stop. If the Service notes an abnormal and/or repeated absence of care for Passengers, Ecov may contact the Driver in order to understand the reason. If the situation presents a risk of disruption of the Service and persists despite the warning sent to the Driver, Ecov reserves the right to suspend or delete the User Account of the above-mentioned Driver, in compliance with these T&Cs.
The driver can keep up to date with waiting passengers by looking at the variable message signs installed at or before the stops and/or the app screen that shows the waiting passengers at the various stops. Notifications are also sent to the driver.
The Driver declares the number of free seats available in his car, up to a limit of 3, and endeavours to take care of as many Passengers present at the stop
that the capacity of his vehicle allows him, in the order of arrival of the passengers, unless another driver is present at the stop, in which case the passengers are divided between the drivers.
The Driver is informed that passengers can make a request by having a scooter or a folding bike that they wish to take on board the car. In this case, the Driver endeavours to take charge of this scooter or folding bike, within the limits of the capacity of his vehicle.
In the event that a Passenger indicates to the Service that he or she wishes to make a Trip corresponding to the Trip declared by the Driver, the proposal to the Driver to put them in touch may take the form of alerts by SMS, e-mail or on the Application. The Driver may also be called upon from time to time by the Service's support for the same purposes.
3.2.2. Passenger care
When a Driver is informed of a Ride order, on the illuminated signs set up as part of the Service, or by any other electronic means, in particular if he has declared a Trip, the Driver goes to the carpooling Stop concerned and reports to the Passenger(s).
The Passenger(s) then validate the pick-up and the Driver can benefit from an indemnity corresponding to a sharing of costs, once the journey has been validated (see article 4). In the event of non-compliance with the requirements for carrying out the Trip, the Driver is liable to the cancellation of the compensation to which he or she is entitled for the Journey or even to the termination of his or her User Account.
3.3. Alerts
Ecov may send Users alerts by SMS, e-mail or push via the Application, with the aim of informing them in a general way about the Service and its developments or in a specific way in line with their need to use the Service. They have the option to set their preferences for receiving these alerts (including their opt-out of receiving them) from their User Account or phone settings.
3.4. Support
In the event of any difficulty in using the Service, of any nature whatsoever, or for any question, the User may contact the Service's support.
Support is provided Monday to Friday, from 6 a.m. to 9 p.m., and weekends, from 9 a.m. to 8 p.m.:
- by email at [email protected]
- by a chat service available on the Site and the Application
- by phone, at the following number: 0 800 10 20 20
In the event of a life-threatening emergency or risk to their safety, the User must contact the emergency services by calling 112.
3.5. Right of withdrawal
In accordance with the applicable legislation, Users have a right of withdrawal of fourteen (14) days from the date of subscription to the Service, which is defined by the date of creation of the user account. In the event that the User wishes to make use of this right of withdrawal, he must send a letter to this effect to Ecov. To this end, he may use the withdrawal form annexed to these T&Cs or any other unambiguous statement expressing the desire to withdraw. This form must be sent by post or electronically to the addresses indicated in Article 11 Contact.
The Driver who exercises his right of withdrawal will be able to recover the compensation paid to him in his MangoPay account in accordance with Article 2.7. "Removal of access and User Account".
The User Account will be deleted in accordance with the terms of Article 2.7. "Removal of access and User Account".
As subscribing to the Service is free of charge, no amount will be reimbursed to Users.
Article 4. Terms of Payment for the Service
4.1. Participation in the Driver's expenses
The Service is intended for individuals acting in a non-professional and non-commercial capacity, carpooling being based on a sharing of costs between the Driver and the Passenger(s) in accordance with Article L. 3132-1 of the Transport Code. This sharing takes the form of a contribution to the Driver's expenses by the Passenger following the Journey made. It does not represent remuneration in any way.
The co-payment is calculated automatically when entering the destination desired by the Passenger on the Application or the SMS Route.
For certain origin-destinations, Ecov and Ile de France Mobilité reserve the right to grant an additional sum to the Driver. The total amount paid to the Driver for the Journey will, however, comply with the conditions for sharing costs and will therefore constitute an act of carpooling.
The amount of the contribution to the costs may vary depending on the point of departure of the Trip. The amounts applicable to each point of departure of a Trip are available on the Site. In addition, carpoolers (Driver and Passenger) are specified the amount applicable to the Journey they wish to make prior to the completion of this Journey.
The compensation received by the Driver during a Journey may not exceed the flat-rate scale mentioned in 3° of Article 83 of the General Tax Code (Article R3132-1 of the Transport Code), except for journeys with a distance of less than 15km and within the limit of two journeys per day and per driver (Article L1231-15 of the Transport Code).
The payment of the contribution to the passenger's expenses or the credit of the Free Seat Allowance or the allowance relating to the care of a Passenger are organised by Ecov, via Mangopay payment accounts, as an agent on behalf of Ile-de-France Mobilités.
Passengers are informed that a Driver's request for payment of an additional amount to that indicated on the User Interface for the Journey is contrary to these T&Cs and is not the responsibility of Ecov.
4.2. Service Access Fees
No service fees will be applied to Users.
4.3 Compensation of the Driver for the performance of the Journey
4.3.1 Compensation of the Driver for picking up a Passenger
When taking a Passenger on a carpooling by making a Trip, a Driver may benefit from an indemnity corresponding to a sharing of costs, in accordance with the regulations.
The Driver is credited to his Mangopay payment account with the amount of the Journey as soon as the Journey has been validated.
If the Driver does not yet have an account created, the Passenger indicates this in the application and can then send the driver a specific registration link, allowing the Driver to register.
The amounts and restrictions on the payment of the driver compensation for taking on passengers are detailed in Appendix 3.
The following restriction is added in case of role exchange between Driver and Passenger:
- The driver (person A) may not receive the cost-sharing for picking up a Passenger (person B) less than one (1) hour after having been picked up as a passenger (person A) by this driver (person B).
In the event of non-compliance with these restrictions, the Driver is liable to the cancellation of the compensation to which he or she is entitled for the Journey or even to the suspension of his or her User Account.
4.3.2. Free Seating Allowance Paid to the Driver
When the Driver declares and carries out a Journey via the Application, in the terms and conditions defined in Article 2 and with real-time geolocation, he or she may receive a free seat allowance under the following conditions, even in the absence of a request from a Passenger on his or her Trip:
- the original stop and the destination stop entitle you to the free seat allowance;
- The Driver passes near the Original Stop during the hours
eligibility for the free seats allowance and passes near the
destination.
The minimum amounts and restrictions on the payment of the free seats allowance are detailed in Appendix 3.
The eligibility criteria for the free seats allowance are detailed in Appendix 4.
The Driver is credited with the amount to his Mangopay account, as soon as the Journey is considered completed.
Article 5. Ecov's Liability for the Provision of the Service
Ecov exclusively provides an intermediation service between Users and, as such, is not a party to the agreement between the Driver and the Passenger(s) for the performance of the Trip.
In its capacity as a carpooling intermediary, Ecov limits itself to facilitating access to the Service. As such, Ecov is only bound by an obligation of means in the provision of the Service.
In its capacity as an intermediary, Ecov cannot be held liable for the actual conduct of a Journey, and in particular for the following:
- erroneous information communicated by the Driver or Passenger regarding the Journey and its modalities;
- the cancellation or modification of a Trip by a Driver or Passenger;
the conduct of its Users or an unregistered Passenger during, before, or after the Trip. Ecov reserves the right to suspend the Service, on the User Interfaces, in the event of technical or maintenance operations, whether the latter are evolving, curative or preventive. Ecov undertakes to inform Users by any means at their disposal in the event of interruption or suspension of the Service and to carry out the necessary operations as soon as possible. Ecov cannot be held liable in the event of suspension or interruption of the Service for any reason whatsoever.
In accordance with the applicable legislative or regulatory provisions, Ecov cannot be held liable to Users for the performance of the Trip. As such, they are only subject to an obligation of means, which Users acknowledge.
In particular, Ecov is only subject to an obligation of means with regard to the effective connection between Users.
Ecov recommends that Users provide other modes of transport in the event that the Service is unavailable. Ecov cannot be held responsible in the event of the unavailability of Drivers for the desired Trip.
Ecov may also not be held liable for the conditions of a Journey or for any damage suffered by a User in the context of a Journey (for example: theft or loss of property, assault, accident), including damage resulting from the Driver's failure to cover the Passengers during a Journey.
Similarly, Ecov cannot be held liable in the event of Users' failure to comply with their respective obligations under these T&Cs or the Users' behaviour in the context of the use of the Service.
Users are informed and acknowledge that the Service must be used for personal, non-professional, non-commercial and non-profit purposes. In the event of non-compliance with these provisions by Users, Ecov cannot be held liable in any way. In particular, Ecov cannot be held liable for fraudulent use of the Service by Users.
Ecov cannot be held responsible for any information provided by Users that may be erroneous or fraudulent.
Article 6. User Engagement
6.1. General Commitment of Users
Users undertake to comply with the provisions of these T&Cs.
Users are informed and acknowledge that Ecov only acts as an intermediary between them in the context of the use of the Service.
As such, Users act under their full and entire responsibility in the context of the use of the Service, whether before, during or after the duration of the Trip. They undertake to take the usual precautions so as not to endanger themselves or other road users.
More specifically, during a Trip, each User undertakes not to be under the influence of alcohol, narcotics, psychotropic drugs, any other illicit substance, not to carry any illicit or dangerous substance and to adopt, in all circumstances, respectful and responsible behavior.
In any event, in accordance with the applicable legislative and regulatory provisions, as well as Article 7.1 of these T&Cs, Ecov cannot be held liable for any damage suffered by a User during the use of the Service.
The User must, in addition, comply with all applicable laws and regulations throughout the Use of the Service, in particular those related to the Highway Code, and not use the Service for illicit purposes or for purposes other than those referred to by the Service in these T&Cs.
The User undertakes not to hinder the proper performance of the service and to behave politely, courteously and respectfully with other Users as well as with the Service staff, in particular with the Service Support. Ecov reserves the right to restrict the User's access to the Service, without prior notice, in the event of inappropriate behaviour, on board the vehicle.
In times of health crisis, the User, Passenger and Driver, must comply with government directives on carpooling. The User is solely responsible for knowing and complying with the official instructions relating to the practice of carpooling. The Service cannot be held responsible for non-compliance with the instructions or insufficient knowledge by the User.
6.2 Liability of the Driver
In particular, the Driver undertakes to:
- have a light four-wheeled motor vehicle;
- use the Service for strictly personal, non-professional and non-commercial purposes; in this regard, the Passenger undertakes to provide Ecov, upon request, with any document to certify that it is authorised to use this vehicle within the framework of the Service and not to claim any money from the Passenger;
- not to use any vehicle made available to him by his employer, unless expressly authorised by the latter;
- Have a valid driver's license and the mandatory liability insurance valid for the vehicle used in the carpooling process. For information purposes, Ecov invites Users to check that their civil liability insurance covers, for example, Journeys from home to work and to inform their insurance company of the exercise of carpooling. In addition, Driver Users must send their insurance certificate to Ecov on request;
- ensure that this mandatory civil liability insurance does not contain any restrictive clause that could prevent the Passenger's coverage;
- communicate to Ecov or any Passenger who requests it, their identity card or any document attesting to their identity.
- remain the driver of the vehicle during the Journey;
- present their driving licence and compulsory civil liability insurance, as well as their vehicle registration document to the Passenger, if the latter requests it; the Driver undertakes to provide a copy of these documents to Ecov, upon request;
- use a passenger vehicle with fewer than 7 seats in perfect working order, excluding any so-called "licence-free" vehicle, with seat belts on the seats offered to Passengers, and maintained in accordance with the customs and the applicable legislative and regulatory provisions;
- respect the provisions of the Highway Code; in particular, the Driver undertakes to comply with the rules relating to the use of mobile phones when driving his vehicle;
- take charge of the Passenger(s) who have made a Trip request, when they/they are located at the transit stops declared by the Driver on the Application. If the situation presents a risk of disruption of the Service and persists despite the warning sent to the Driver, the Service reserves the right to suspend or delete the User Account of the above-mentioned Driver, in compliance with these T&Cs;
- notify the Passenger in the event of delay or unavailability, in the event that he or she had been put in touch with this Passenger directly by the Service and had agreed to the completion of the Journey;
6.3 Passenger Liability
The Passenger undertakes to:
- have a respectful and safe attitude during the Trip in such a way as not to hinder or disturb the Driver's driving or concentration during the Trip;
- not to transport, during a Journey, any object, goods, substance, animal likely to hinder the driving and concentration of the Driver or whose nature, possession or transport would be contrary to the legal provisions in force;
- respect the cleanliness and physical condition of the Driver's vehicle;
- check whether the Driver is registered for the service and that he or she holds a valid driving licence, vehicle registration document and compulsory civil liability insurance;
- communicate to Ecov or any Driver who requests it, their identity card or any document likely to attest to their identity.
Article 7. Personal data protection policy
7.1 Processing of personal data carried out
The User's personal data collected by Ecov in the name and on behalf of Ile-de-France Mobilités is subject to processing within the meaning of the amended law of 6 January 1978 relating to information technology and civil liberties and European Regulation 2016/679 of 27 April 2016 on data protection, known as the "GDPR", for the purpose of performing the carpooling service offered on the Ile-de-France Mobilités application.
Ile-de-France Mobilités is the data controller.
Ecov, in the name and on behalf of Ile-de-France Mobilités, processes Personal Data in the context of the following processing:
- the subscription and management of the contract;
- conducting statistical studies and analyses;
- statistical analyses to improve the service offer;
- the management of customer complaints;
- communication to users (via optin).
7.2 What Data is collected?
The data collected in the context of the performance of the contract are as follows:
- Identification Data
- Personal Life Data (including journeys)
- Economic and financial data
7.3 Why is the collection and processing of this data lawful?
The collection and processing of this data is possible:
- on the basis of contract performance: management of the contract/service and production of statistics
- on the basis of consent: communications
7.4 How long is the data retained?
The User's personal data is kept for a period of 5 years. Beyond this period, the Journeys data may be subject to retention subject to anonymisation, which consists of assigning a unique identifier to the User's data, which does not make it possible to determine his or her identity with the data retained.
7.5 Who may have access to this Data?
The Data is intended for Ecov in the name and on behalf of Ile-de-France Mobilités, Île-de-France Mobilités, and service providers and contractual partners, institutions, polling and statistical institutes or companies carrying out surveys.
The data concerning the Journeys made are transmitted to the Proof of Carpooling Register, a trusted third party between private carpooling operators and local authorities, implemented by the General Directorate for Infrastructure, Transport and Mobility, to certify carpooling trips.
7.6 Transfer of Data outside the European Union
With the exception of the processing listed below, your data contributing to the operation of the Service is processed within the European Union.
