Effective February 22, 2021
These General Terms and Conditions of Use (hereinafter the « GTCU ») exclusively govern the use of the SWAPTHEROAD online platform developed by the company SwapTheRoad with a capital of 15,000 euros, registered with the Paris RCS under number 894 180 058 and whose head office is located at 15 rue des Halles, 75001 Paris – France.
The service offered by SWAPTHEROAD is available by registering on the website www.swaptheroad.com (hereafter « the Site »). The present GCU are systematically communicated to the Users at the time of their online registration.
For the application hereof, it is agreed that the persons having access to the SWAPTHEROAD platform, generally referred to as « Users » or « Members », are only natural persons acting for non-professional purposes.
By the mere fact of validating his registration on the Site, the User declares that he has read, understood and accepted without reserve the entirety of the present GTCU, which are only valid in French, including when they are translated into a foreign language to facilitate their understanding. Only acceptance of the GTCU allows the User to access the Services offered on the Site.
These Terms and Conditions are applicable in their terms on the day of registration on the Site according to their wording in force on that date. However, they may be modified at any time. The modification will be effective within a period of 15 (fifteen) days from the date the modified Terms and Conditions of Use are put online.
The User also undertakes to comply strictly with the terms and conditions herein. The Members also agree to strictly comply with the terms of the SWAPTHEROAD Charter annexed to the present GCU. This Charter is available on the Site and given to the User upon validation of his subscription.
By registering or by accessing any content or medium made available by SWAPTHEROAD through the Services, the User enters into a legally binding contract with SWAPTHEROAD.
To be eligible for access to the Services, the User must be a natural person who has reached the age of 18 years, with full legal capacity.
The User must be a Vehicle Lender.
SWAPTHEROAD reserves the right to refuse (without being obliged to justify this refusal and without possible recourse or compensation) the registration of any person who does not meet the above conditions.
The User is informed and accepts without reserve that in order to facilitate his registration on the Site, personal data will be collected (Last name – First name – Date of birth – Civility – Valid email – Valid telephone number). This data is essential for the proper functioning of the Service.
3.1. Definition of Services
The Services offered by SWAPTHEROAD consist of a platform for putting Users wishing to rent their Vehicle in contact with Users wishing to search for Vehicles to rent.
SWAPTHEROAD is thus a simple intermediary that does not intervene in the Exchange operation, reciprocal or not, between Users.
SWAPTHEROAD does not make Vehicles available for any reason whatsoever; SWAPTHEROAD’s sole activity is to put Users in contact with each other.
SWAPTHEROAD offers the following Services:
– Creation of a User Profile and Publication of Ads for Vehicles;
– Consultation of the Ads of other Users;
– Personalized Assistance;
– Use of an internal messaging system between the Members allowing the realization of exchanges, reciprocal or not, of Vehicles;
– Guarantee confidence with the certification of its members;
– Lender Serenity Guarantee (optional);
– Borrower Serenity Guarantee (optional).
SWAPTHEROAD reserves the possibility to add Services or modify the current Services.
SWAPTHEROAD’s current Services are currently only available in all the countries in which an Announcement is put online by Members.
3.2. Access to the Services
Access to the Services is through the Site only.
Registration is free and allows the User to create his profile. It also allows the User to consult the Members’ Announcements and to benefit from the personalized Assistance offered by SWAPTHEROAD’s User Service.
The access to the other Services and in particular the deposit of an Announcement, the access to the internal messaging system between Members and the formalization of Exchanges is then only possible by subscribing to one of the subscription formulas proposed by SWAPTHEROAD.
3.3 Registration on the Site
To access the Services, the User must create an account on the Site when first logging on.
The creation of the User account is done through the registration form, available on the Site, providing accurate, up-to-date and complete information. This information must be regularly updated by the User in order to preserve its accuracy. SWAPTHEROAD cannot be held responsible for any information communicated by Users that could be erroneous or fraudulent.
The User will have to choose a user name consisting of a valid email and a password.
Each User undertakes to create only one account corresponding to his/her profile. He/she agrees not to create an account other than the one initially created and not to create or use an account under the identity of a third party. The fact of creating several accounts under his own identity or that of a third party will result in the immediate unsubscription of the User without notice or compensation or refund of the Subscription.
3.4. Access to the Site
The Site is normally accessible to Users 7 days a week, 24 hours a day, all year round, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure. SWAPTHEROAD being in fact, by its activity, bound by an obligation of means, it cannot be held responsible for any prejudice of any kind, resulting from the unavailability of the Site.
3.5. Third party applications
The Services are accessible through third party applications, websites and services (« Third Party Applications »). These Third Party Applications may have their own terms and conditions of use and privacy policies, which will govern the use of such Third Party Applications.
SWAPTHEROAD does not endorse and is not responsible for the behavior, functionality or content of any Third Party Application or any transaction that User may enter into with the provider of such Third Party Application.
Subscription is required to benefit from the Services other than creating a profile, viewing offers and personalized assistance.
4.1. Duration of Subscriptions
SWAPTHEROAD offers several subscription plans.
Each subscription plan is taken out annually.
The subscription is thus subscribed for a duration of one (1) year starting from the validation of the latter and will be renewed by tacit agreement by successive periods of one (1) year at the anniversary date.
Payment of the subscription price for the entire duration of the subscription will be made in a single installment when the subscription is taken out.
The Member will be able to unsubscribe directly in his User space on the Site. However, the Member must unsubscribe at least 1 (one) month before the anniversary date of his subscription and its tacit renewal.
4.2 Determining the Price of the Subscription
It is agreed between the Parties that access to the Services is offered in return for payment by the User of a fixed annual subscription, the amount of which depends on the subscription formula subscribed to in accordance with the price offer available on the Site (hereinafter « the Price »).
The payment of the Subscriptions is made by credit card. Only « credit» bank cards are authorized on the Site; to the exclusion of « debit» bank cards.
The Price of the proposed Subscriptions are payable in Euros, regardless of the currency in which the Subscription Price is mentioned. It takes into account the VAT applicable on the day the subscription is taken out.
Any variation in VAT will be automatically and immediately reflected in the price of the current Subscriptions. The same will apply in the event of the creation of any new tax based on the price of the Services for which SWAPTHEROAD becomes liable.
It is reminded that connection and communication costs (Internet and mobile Internet) related to the use of the Services are not paid by SWAPTHEROAD and remain at the User’s expense. Likewise, any bank fees or commissions are the responsibility of the Member.
In case of tacit renewal of the subscription under the terms of article 4.1, the applicable annual subscription price will be the subscription price in force on the day of the tacit renewal.
4.3. Payment of the Subscription Price
The Price is payable annually by direct debit from the Member’s account. At the time of subscription, the Member communicates to SWAPTHEROAD all the information that will allow the annual fee to be debited, in particular his credit card information. SWAPTHEROAD will keep, through the Stripe payment application, the data thus communicated in a secure way.
When the Member’s credit card information becomes obsolete, it is up to the Member to update it in order to ensure the continuity of the Services.
The Member is therefore expressly informed that all Services will be temporarily deactivated in the event of non-payment by the due date.
Indeed, in the event of late payment by the Member, on the date of eligibility, SWAPTHEROAD may, without a reminder being necessary and without prejudice to any other rights or recourse that it may be entitled to exercise, charge late payment penalties on the outstanding amount, the rate of which is equal to three times the legal interest rate. The said interest shall be payable automatically, i.e. without prior formal notice, from the day following the payment date appearing on the invoice. Late payment will also give rise to the suspension of access to the Services as mentioned above, and then to the definitive termination of the subscription in the absence of regularization within a period of one month from the first payment incident.
Furthermore, in accordance with Articles L.441-6 and D.441-5 of the French Commercial Code, any late payment shall automatically and without the need for a reminder, in addition to the aforementioned late payment interest, entail an obligation for the Member to pay a fixed indemnity for collection costs of forty euros excluding tax (€40 excluding VAT) per invoice. However, if the recovery costs incurred are higher than the amount of this fixed indemnity, SWAPTHEROAD may request an additional indemnity upon justification.
5.1. Consultation of Announcements
Following his registration on the Site, the User may freely consult the Announcements of other Users.
5.2. Personalized assistance
SWAPTHEROAD provides assistance to Users, through a FAQ available at the following address: https://www.swaptheroad.com/en/support-center/, as well as by phone (WhatsApp only) and email on weekdays during business hours, and by email 7 days a week 24 hours a day in case of emergency.
This support is not individualizable and is included in the price of any Subscription. It cannot be billed separately.
The User may also benefit from a support service in the event of a Vehicle incident during the Exchange. This assistance is optional and is subject to additional invoicing to be paid to SWAPTHEROAD.
Subscribing to any kind of Subscription allows the Member to place an Announcement, to benefit from the internal messaging service, to formalize Exchanges in an unlimited way and to benefit from the trust guarantee offered by SWAPTHEROAD.
6.1. Submission of Announcements
After having subscribed to his subscription, the Member may file an Announcement concerning his Vehicle.
Vehicles are classified according to the following categories:
– Camper van
– Camper truck
– Pickup with cell
– Vehicle with tent on the roof
– Camper trailer
– Converted bus
– Converted van
Announcements are classified from the most recent to the least recent.
6.2. Internal messaging
SWAPTHEROAD puts at the disposal of the Users a Messaging Service allowing the Members to meet virtually and to exchange on the possibility of concluding an Exchange contract.
The information disseminated on SWAPTHEROAD’s Messaging Service is disseminated at the initiative and under the sole responsibility of the Members. This information is not likely to create any guarantee on the part of SWAPTHEROAD on its accuracy, completeness, non-misleading character or even its plausibility.
SWAPTHEROAD, which has access to the information exchanged on the Messenger Service, reserves the right to remove any content from these messages that is contrary to the GTCU, to the law or that would be deemed litigious according to its own discretion.
Any activity on the Site (registering, completing one’s profile, posting an ad online, sponsoring friends, entering into an Exchange contract with another User, etc.) allows the User and then the Member to accumulate RoadPoints.
The number of RoadPoints accumulated varies according to, in particular, the fill rate of the User profile and the number of Ads posted on the Site.
The User may earn new RoadPoints if he or she enters into an Exchange contract with another User whose Vehicle is less well valued or if the duration of the exchange differs.
After the User has created an Announcement, validated it and put it online by SWAPTHEROAD, the valuation in RoadPoints of the corresponding Vehicle will be set by default at 100 RoadPoints / day. The User can modify this valuation if he wishes.
In the event of a non-reciprocal Exchange, the Lender will accumulate a certain number of RoadPoints, corresponding to the valuation of his Vehicle in his Announcement.
Finally, to enable an Exchange to be carried out, Borrowers who do not have a sufficient number of RoadPoints may purchase the missing number of RoadPoints by credit card on the Site. The Price of a Road Point is determined as follows: 0.5 euros.
RoadPoints are non-transferable and non-refundable once acquired by the User.
Any manoeuvre aimed at circumventing these rules (false sponsorship, creation of several accounts by one person, etc.) is prohibited. The terms and conditions of the RoadPoints (description, calculation, allocation methods, etc.) are detailed on the Site and are freely available for consultation.
Agreement between the Members
Members who enter into a relationship on the Site with a view to carrying out an Exchange undertake, where applicable, to give concrete form to this Exchange on the Site by signing a loan agreement for use subject to the provisions of Articles 1875 et seq. of the French Civil Code.
Members shall refrain from carrying out any Exchange initiated on the Site outside the Site, under penalty of immediate unsubscription.
It is specified that the contact details (name, telephone number, address) of a Member are communicated to another Member only at the time of the Exchange. Each Member communicates his or her contact information.
The purpose of the Site is not to guarantee the finalization or the good execution of one or more Exchanges between the Members contacted by SWAPTHEROAD.
Since SWAPTHEROAD is not a party to the Exchange contract between two Members, SWAPTHEROAD will not be able to control the regularity (whether it is with regard to the availability of the good, the conditions of formation of the contract or in any other way), nor the good execution.
Members’ attention is therefore drawn to the risks associated with the provision or occupation of a Vehicle in the context of an Exchange, in particular, the risk of damage or theft of certain items that are included in the Vehicle. It is, in particular, recalled that any Lender is free to choose the Borrower who will use its Vehicle and vice versa. Preliminary contacts between Members may make it possible to prevent certain difficulties that may arise from an Exchange.
For example, driving by a secondary driver must be subject to prior validation between the Lender and the Borrower. The Lender must verify that the conditions of its insurance allow it.
Reception and Return of the Vehicle
The reception and return of the Vehicle must be carried out in accordance with the SWAPTHEROAD Charter.
When the Lender of the Vehicle has taken out an Essential Subscription, it is the responsibility of the Members to agree on the terms and conditions of reception and return of the Vehicle, in accordance with the principles set forth in the SWAPTHEROAD Charter.
When the Lender of the Vehicle has taken out a Premium Membership, SWAPTHEROAD provides the Members with an inventory document to be filled in, signed by both Members and sent to SWAPTHEROAD when the keys are handed over and an inventory document to be filled in, signed by both Members and sent to SWAPTHEROAD when the Vehicle is returned. An inventory of the mobile equipment inside the Vehicle is also carried out in a contradictory manner on the basis of the document drawn up by SWAPTHEROAD.
These documents enable SWAPTHEROAD to manage the Security Deposit paid by the Borrower as well as the Excess, within the framework of the Lender’s Serenity Guarantee Service.
Extension of the Exchange
Any extension of the Exchange must be made through the Site and is subject to a new agreement between the Lender and the Borrower.
6.4. Annual Certification
The Annual Certification proposed by SWAPTHEROAD refers to the verification service offered by SWAPTHEROAD before the Lender’s Announcement is put online.
This SWAPTHEROAD service consists of a verification of the apparent consistency of the declared identity of the Members with the copies of identity documents provided as well as the apparent consistency of the announcement with the copy of their proof of ownership and insurance of the Vehicle.
SWAPTHEROAD thus verifies the identity of the name on the identity documents, the title of ownership of the Vehicle and the proof of insurance.
This verification is mandatory before carrying out an Exchange. However, it does not guarantee the conditions under which the Vehicle is insured.
SWAPTHEROAD does not have the technical means to ensure the identity of the persons registering on the Site, and is not responsible in case of impersonation of a Member. If the Member has reason to believe that a person is fraudulently using identification elements or his/her account, he/she must inform SWAPTHEROAD immediately. In case of loss or theft of one of the Identifiers concerning him/her, the Member is responsible for any damaging consequences of this loss or theft, and must use, as soon as possible, the procedure allowing him/her to modify them.
7.1. Lender Serenity Guarantee
The subscription of a Premium subscription allows the Lender to benefit from a Lender Serenity Guarantee in which SWAPTHEROAD manages the Insurance Deposit paid by the Borrower, as well as the Insurance Deductible which he could be held accountable to his insurer in case of an accident on the vehicle.
The management of the Insurance Deposit enables the Lender to protect itself, totally or partially, against the risk of theft, loss or damage of its Vehicle under the conditions stipulated in these GTCU. The Insurance Deposit is subject to pre-authorization on the Borrower’s bank card. This pre-authorization is valid for two years from the date the Exchange takes place.
In the event of damage, loss or theft of the Vehicle, the Lender shall declare, within 30 days following the return of the Vehicle, by email to the following address: firstname.lastname@example.org, its intention to retain all or part of the amount of the Insurance Deposit , justifying by any document proving the nature and estimate of each damage claimed. SWAPTHEROAD will inform the Borrower by email. The inventory of fixtures established at the time the Vehicle is made available and returned as well as the inventory must be sent to SWAPTHEROAD.
The Borrower shall respond to any request for retention of the Insurance Deposit from the Lender within 30 days after receipt of such notification or, as the case may be, of the justification of the damage.
In the event of a request for retention of the Insurance Deposit and, if applicable, justification of the damage by the Lender within the applicable time limit, any silence kept by the Borrower beyond the above-mentioned 30 days shall constitute an irrevocable waiver to contest the retention of the amount of the Insurance Deposit notified to be paid to the Lender.
In the event of a request for retention of the Insurance Deposit, or if applicable, the justification of the damage, within the applicable time limit, if the Borrower agrees to the estimate of the damage and the exercise of the Insurance Deposit, the amount of the Insurance Deposit set between the two parties to the Exchange will be paid to the Lender, at the latest within 15 calendar days from the confirmation of the agreement of the two parties.
In the event that the credit card used by the Borrower expires on the date of payment, the Borrower shall remain liable for the amount of the Insurance Deposit and shall be required to pay it within 5 calendar days by bank transfer, PayPal account or any other valid credit card held by the User.
In the absence of agreement between the Lender and the Borrower on the principle of the partial or total retention of the amount of the Insurance Deposit by the Lender, and/or on the amount retained by the Lender, SWAPTHEROAD will be sequestered of the amount drawn on the Borrower’s credit card until instruction from both the Lender and the Borrower confirming their joint agreement on the distribution of the sequestered amount between them.
In the absence of agreement between the Members concerned, within a period of one year following the date of drawdown of the Insurance Deposit, and in the absence of justification by the Lender of the initiation of legal proceedings to obtain payment of the amount of the Insurance Deposit, the Company shall return the amount held in escrow to the Borrower.
In the event of the production of a document initiating proceedings to obtain payment of the Insurance Deposit, SWAPTHEROAD will retain the Deposit Insurance until the final and enforceable court decision is produced. SWAPTHEROAD will release the Guarantor in accordance with the terms of the final and enforceable court decision.
This guarantee also allows the Lender to benefit from a guarantee in case of contravention committed by the Borrower during the duration of the Exchange. The Lender shall be responsible for transmitting all necessary documentary evidence prior to the expiry of the two-year period as from the formalization of the Exchange. The deduction of the amount of the guarantee will then be automatic.
The Insurance Deductible management allows the Lender to cover, in whole or in part, the payment of the Excess that it may be required to pay to its insurer in the event of an at-fault accident occurring on the Vehicle during the Exchange due to the Borrower. In this case, SWAPTHEROAD undertakes to reimburse the Lender of the Vehicle all or part of the amount of its Insurance Deductible, up to a maximum amount of €2,000 (including tax) – the exchange rate used, if applicable, being that in force on the day of the request for assumption of responsibility by the Lender.
7.2. Serenity Borrower Guarantee
SWAPTHEROAD also offers additional insurance through the company RentalCover. This insurance allows to benefit from an assistance in case of an incident on the Vehicle during the Exchange and a reimbursement of the deductible insurance applied by the Vehicle’s insurer.
This insurance is only available to Premium Members.
This insurance is invoiced by SWAPTHEROAD at the rate in force at the time of the formalization of the Exchange and is subject to the general terms and conditions of the RentalCover company available hereafter: https://www.rentalcover.com/fr/terms.
In case of cancellation, SWAPTHEROAD cannot guarantee the provision of an alternative solution; this being subject to the existence of available Announcements corresponding to the Borrower’s search.
8.1. Cancellation by the Borrower
The Borrower has the option to cancel the Exchange free of charge up to 14 days before the date of taking possession of the Vehicle (date indicated in the Exchange confirmation email). In this case, the Borrower will be re-credited with the number of RoadPoints corresponding to the Exchange.
After this period, the Exchange will not give rise to any reimbursement and no RoadPoints will be re-credited to the Borrower’s account.
If cancellation by the Borrower is made less than 14 days prior to the date of taking possession of the Vehicle and is due to an event beyond the Borrower’s control and personally affecting him/her that prevents him/her from using the reserved vehicle properly, the Borrower must provide SwapTheRoad with proof of this inability to honor his/her reservation in order to be reimbursed.
If the Exchange is formalized less than 14 days before the date of taking possession of the Vehicle, the cancellation is free of charge during the 48 hours that follow or, failing that, up to 24 hours before the date of taking possession of the Vehicle. After this period, the Exchange will not give rise to any reimbursement and no RoadPoints will be re-credited to the Borrower’s account.
If the Borrower has subscribed to the complementary insurance offered by SwapTheRoad, the general conditions of the insurance company shall apply.
In case of Reciprocal Exchange, the Lender freely chooses to maintain its own reservation towards the Borrower.
8.2. Cancellation by the Lender
The Lender may cancel the Exchange free of charge up to 30 days prior to the Vehicle pick-up date (date indicated in the Exchange confirmation email). In this case, the Borrower will be re-credited with the number of RoadPoints corresponding to the Exchange.
After this period, the Exchange will not give rise to any reimbursement and no RoadPoints will be re-credited to the Lender’s account.
If the cancellation by the Lender is made within a period of less than 30 days and is due to an event of force majeure (proven loss: accident, major breakdown, etc.) that does not allow the Borrower to use the Vehicle properly, the Lender must provide SwapTheRoad with proof of the loss suffered by the Vehicle. Otherwise, the Exchange will not be refunded and no RoadPoints will be re-credited to the Lender’s account.
If the Exchange is formalized less than 30 days before the date of taking possession of the Vehicle, the cancellation is free of charge during the 48 hours that follow or, failing that, up to 24 hours before the date on which possession of the Vehicle begins.
After this period, the Exchange will not give rise to any reimbursement and no RoadPoints will be re-credited to the Lender’s account.
An evaluation of the Members will be proposed at the end of the Exchange. The evaluation will consist of the delivery of a satisfaction questionnaire to the Users.
The evaluation is communicated to the Member concerned, which retains the right to make observations.
The result of the evaluation is published on the Site.
SWAPTHEROAD reserves the right to use the statistics provided by the evaluation questionnaires completed by the Members in order to optimize the Services.
10.1. Unsubscription at the initiative of the Member
Pursuant to the provisions of Article L. 221-28 of the French Consumer Code, Members who qualify as consumers within the meaning of the said Consumer Code are expressly informed that they do not have a right of withdrawal following the subscription.
The Member may at any time request to unsubscribe from the Site and to delete his or her access to the Services.
To do so, the Member must request in writing his or her unsubscription at the latest before the date of tacit renewal of his or her subscription. The unsubscription will thus take place at the end of the current subscription period, provided that no Exchange is in progress at that date.
If an Exchange is in progress on this date, the subscription will be automatically renewed and the unsubscription will only be effective at the end of the renewed period.
Unsubscribing from the Site may not result in any refund, even partial, of Subscriptions and RoadPoints paid by the Member.
10.2. Unsubscription at the initiative of SWAPTHEROAD
In case of non-compliance with the obligations resulting from the present GTCU or the SWAPTHEROAD Charter, of delivery of erroneous information during the creation of the User account or later, or of acts likely to harm the interests and/or the image of SWAPTHEROAD, SWAPTHEROAD reserves the right:
▪ to suspend access to the Service until the situation is restored;
▪ or, depending on the seriousness of the acts, to terminate access to the Service without notice or compensation of any kind.
Any closure of the User Account for default will take place without prejudice to any damages that SWAPTHEROAD may claim from the User as compensation for the prejudice suffered.
SWAPTHEROAD also reserves the right to refuse access to services to a User who has been previously excluded or sanctioned for such actions.
In particular, the User can be immediately deregistered in the following cases:
This list is not exhaustive.
SWAPTHEROAD also reserves the right to close inactive accounts during 24 months.
The User will be informed by email of the closure of his Account. The closure of a User’s Account due to a breach of any of the obligations under the GTCU will automatically lead to the termination of the current subscription, if applicable, without giving the right to a refund, even partial.
10.3 Consequences of the removal of the User’s access
As soon as the User’s access is removed, for whatever reason, all rights attached thereto will cease immediately.
The User will immediately cease accessing the Services.
It will be up to the User to download and save, before deleting his access to the Site, all the information that he wishes to keep. Failing this, SWAPTHEROAD cannot be held responsible for an alleged loss of information by the User.
The User undertakes to use the Service in a loyal manner and to respect other Users and SWAPTHEROAD.
The User agrees not to engage in any activity and not to communicate any content that :
The User agrees not to use the Service in any manner not expressly authorized by SWAPTHEROAD. As such, it is reminded that SWAPTHEROAD does not grant any right, title or interest to the User in the Service.
Finally, the User undertakes not to use the information obtained within the framework of the use of the Service for purposes of unfair competition.
Each of the Parties undertakes to treat as confidential any information concerning the other Party, of any nature whatsoever, to which it may have had access under the Agreement.
Each of the Parties undertakes not to disclose the information to any person whatsoever, other than Users of its own personnel who need to know such information for the purposes of performing the Service.
However, this obligation of secrecy shall not apply to information that would have been brought to public knowledge through no fault of the Parties, or that would have been legitimately communicated to them by a third party, or that belonged to them prior to its communication by the other Party.
This obligation shall remain in force throughout the term of the Agreement and for a period of 10 (ten) years from its expiry or termination for any reason whatsoever.
On the Site, an instant messaging service is made available to Users in order to enable them to exchange on the Exchanges envisaged or formalized. Users are informed that SWAPTHEROAD has access to the content of this messaging service and may possibly use all or part of their exchanges at any time, without prior information, in particular for the resolution of any dispute or litigation. Consequently, SWAPTHEROAD in no way guarantees the confidentiality of these exchanges.
It is recommended that Users pay attention to how they use the Services. The Services include social and interactive features that allow certain information about Users to be made public. Users should keep in mind that publicly shared information can be used by other Users. SWAPTHEROAD is not responsible for the User’s choice to communicate certain information or documents concerning him/her within the Services.
Moreover, the User must immediately inform SWAPTHEROAD of any loss or unauthorized use of his access to the Services, of his login and password. Passwords and identifiers are personal and the User agrees not to disclose them. As such, SWAPTHEROAD cannot be held responsible for the use of the User’s identifiers and password by a third party to whom the User would have communicated them or who would have had access to them as a result of a fault, clumsiness or negligence on the part of the User.
SWAPTHEROAD commits itself to respect the legislation in force concerning the protection of privacy or with regard to the automated processing of personal data.
Under the present GTCU, are considered as personal data (hereafter the « Personal Data ») all data considered as such by the General Regulations on Data Protection, which came into force on May 25, 2018. The User’s Personal Data includes, in particular, his identity, his contact details, his user name on the Site or his bank details. In any event, the User is informed that she/he shall not under any circumstances disclose sensitive Personal Data concerning her/him to SWAPTHEROAD.
When subscribing to the Service, the User authorizes SWAPTHEROAD to send him/her emails to the address that he/she will have provided when subscribing.
In accordance with the applicable law in force, the User has the right to access, rectify, and delete Data, as well as the right to refuse processing, to request a limitation of it, and finally the right to the portability of Personal Data concerning him/her, which he/she can exercise directly with SWAPTHEROAD. The User can demand that any information concerning him/her that is erroneous, outdated or incomplete or whose collection, use or communication is prohibited be modified, completed, clarified or erased.
To assert this right, it is sufficient to write to SWAPTHEROAD at the following email address: email@example.com.
SWAPTHEROAD reserves the right to use the statistics provided by the information forms that the Users will have completed in order to optimize the Services.
The general structure of the Site, the Service and all the elements composing it (such as logos, domain names, phonographic or videographic recordings and their associated elements including photographs, images, texts and biographies of the authors, performers and/or any other person entitled to the phonographic or videographic recordings as well as the visuals of the packaging of these recordings) are the exclusive property of SWAPTHEROAD and/or its licensors.
These elements are protected by the laws relating to intellectual property, and in particular copyright. The User can only use these elements within the framework of the use of the Service, in accordance with the provisions of this Contract.
Any total or partial representation of the Site, the Service and/or the elements composing them (as described above) by any process whatsoever, without the express authorization of SWAPTHEROAD is therefore prohibited and would constitute an infringement sanctioned by articles L. 335-2 and following of the Intellectual Property Code.
Any hypertext link referring to the Site and using the “framing” technique (a programming technique offering the possibility of dividing the window of a web browser into several autonomous frames in order to display the content of an external site) or “in-line linking” (a process for making a single element extracted from another site appear in a web page, which saves storage space on the hard disk of the machine where the site is hosted and which has the effect of concealing from an uninformed user the original environment to which this element belongs) is strictly forbidden.
Any artificial use of a SWAPTHEROAD account by any means is strictly forbidden and liable to financial penalties.
The Site also includes areas in which Users can publish information, text, photographic or video content.
These contents are published by the Members themselves and are considered to be the property of the latter. It is therefore their responsibility to determine whether the content published is protected by copyright, trademark or other property right. With the exception of content that is in the public domain or for which they have received written permission from the owner of the right in question, Members undertake not to publish content protected by a copyright, trademark or other proprietary right without the permission of the owner of that right. Members shall be deemed solely responsible for any damage resulting from an infringement of copyright, trademark or other proprietary right.
SWAPTHEROAD reserves the right to delete or refuse, without prior notice, any content that does not comply with the rules set forth in the Intellectual Property Code. Nevertheless, SWAPTHEROAD may not be held liable for the nature of the content published by a User on the Site and for the non-compliance with a copyright, trademark or other property right associated with such content.
By submitting or publishing their content on the Site, Members declare and warrant that their content is free of any copyright and agree to transfer it free of charge to SWAPTHEROAD. They grant SWAPTHEROAD a non-exclusive, transferable, sub-licensable and royalty-free license, thus allowing SWAPTHEROAD to use their content, to reproduce it or to publish it on other communication media in order to promote the activity of the Site. SWAPTHEROAD therefore has the right to use the content of the Members of the Site without any obligation of confidentiality, compensation or consideration of any kind.
The User undertakes to take out all insurance policies necessary for the realization of the Exchange and to communicate to SWAPTHEROAD, upon first request, a certificate issued by the various insurance companies concerning these policies.
The User is informed that it is up to him to check with his insurance company to ensure the validity of the insurance policies taken out in the event of an Exchange of the Vehicle.
SWAPTHEROAD offers a Borrower’s Serenity Guarantee that can be taken out in addition to the Exchange.
SWAPTHEROAD cannot be held liable in case of non-performance or breach by the User of these GTCU.
As a simple editor of the Services, SWAPTHEROAD cannot guarantee the quality of the Internet network, nor its access and cannot guarantee the absence of interruption of the service specific to the Internet network.
Consequently, SWAPTHEROAD can in no case be held responsible for malfunctions in the access to the Service, the opening and consultation speeds of the Service pages, the listening speeds of phonographic recordings, the temporary or definitive inaccessibility to the Services, the fraudulent use by third parties of the information made available on the Site.
As a consequence, it is also incumbent on the User to protect his computer or other equipment, in particular against any form of intrusion and/or contamination by viruses. SWAPTHEROAD can in no case be held responsible for any interruption and/or contamination by viruses of its equipment resulting from a fault, clumsiness or negligence on the part of the User. SWAPTHEROAD cannot be held responsible for any malfunction or deterioration of the User’s equipment resulting from a fault, clumsiness or negligence on the part of the User or from an unforeseeable and insurmountable fact of a third party.
More generally, SWAPTHEROAD disclaims all responsibility if a breach of any obligation was due to a case of force majeure or fortuitous event, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any irresistible and unpredictable event that does not allow the proper execution of orders.
Under no circumstances can SWAPTHEROAD be held responsible in the event that the Services offered prove to be incompatible with certain equipment and/or functionalities of the User’s computer equipment.
SWAPTHEROAD cannot be held responsible for the misuse made by the User, nor for the use of the User’s account by a third party to whom the User would have communicated his identifiers or who would have had access to the account as a result of a fault, clumsiness or negligence on the part of the User. In these cases, the User undertakes to deal personally with any claim, demand, or opposition and more generally with any proceedings brought against SWAPTHEROAD by a third party.
Finally, it is expressly reminded that the Lender and the Borrower are committed to each other on the basis of a rental contract to which SWAPTHEROAD is a stranger. SWAPTHEROAD is only a platform making the Services available for the purpose of carrying out Exchanges.
As such, SWAPTHEROAD cannot be held liable for the respect of the rights and obligations of the said rental contract. As the Exchange results exclusively from the agreement between the users, they act under their sole and entire responsibility.
Unless SWAPTHEROAD has been duly informed of the existence of illegal content within the meaning and under the conditions of the legislation in force, and has not acted promptly to remove it, SWAPTHEROAD declines all responsibility relating to any content published by Users, and in particular that of the Announcements, and to the actions of the latter.
The User acknowledges the validity and probative force of the electronic exchanges and records kept by SWAPTHEROAD and admits that these elements receive the same probative force as a handwritten document signed in a handwritten way by virtue of the law n° 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to the electronic signature.
Road Points subscriptions and purchases cannot be transferred by the Member without the prior written consent of SWAPTHEROAD.
The rights and obligations of SWAPTHEROAD may however be assigned or transferred without the Member’s prior consent.
SWAPTHEROAD reserves the right to modify the present GTCU at any time, subject to informing the User.
If the new GTCU do not suit the User, he will have the possibility to cancel his subscription by registered letter with acknowledgement of receipt before the new GTCU come into force.
Refusal to accept the new GTCU must be explicit, without any explicit expression of will before the new provisions come into force, the User will be deemed to have accepted the modifications.
In any event, if one or more stipulations of these GTCU are declared invalid pursuant to a law or regulation or a final court decision, the other stipulations will remain in force and scope.
These GTCU are subject to French law.
Any complaint relating to the application of these GTCU must be addressed to the User Service so that it can be processed as soon as possible.
In case of dispute, the Parties will seek an amicable solution before any legal action.
It is hereby specified that Users likely to be qualified as consumers within the meaning of the French Consumer Code, have the option of having recourse, free of charge, to a consumer mediator in accordance with Articles L612-1 of the French Consumer Code.
The User qualified as a consumer within the meaning of the Consumer Code may thus have recourse to mediation with the Tourism and Travel Mediator (MTV Médiation Tourisme Voyage BP 80303 – 75823 PARIS Cedex). In this case, the Parties remain free to accept or refuse the recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Users likely to be qualified as consumers within the meaning of the French Consumer Code also have the possibility of filing a complaint with a mediator via the online dispute resolution platform (known as the « RLL » platform) accessible via the link below: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
This link is also accessible on the Site.
IN THE EVENT OF FAILURE OF THESE ATTEMPTS AT AMICABLE SETTLEMENT, ALL CHALLENGES TO THE VALIDITY, INTERPRETATION AND/OR EXECUTION OF THE PRESENT CGU AND SALE MUST BE BROUGHT, EVEN IN THE EVENT OF SUMMARY PROCEEDINGS, PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, BEFORE THE COMMERCIAL COURT OF PARIS.
In the event of a dispute with a User qualified as a consumer within the meaning of the Consumer Code, the rules of jurisdiction under ordinary law shall nevertheless apply.
For any information or question concerning the Services, the User can contact SWAPTHEROAD via the Site, by clicking directly on the link entitled « Contact us » or by sending a letter to the following address: firstname.lastname@example.org.