The "COMIN" application offers a service (hereinafter referred to as the "Application") aimed at facilitating the connection between individuals looking for VTC (Private Vehicle with Driver) transportation (hereinafter: "Passengers") and professional drivers of transport vehicles (hereinafter: "Drivers").
The Passengers and the Drivers are collectively called "Users".
These General Terms and Conditions aim to define the terms and conditions of use of the connection services between Passengers and Drivers offered via the Application (hereinafter: the "Services") and to establish the rights and obligations of the concerned parties. They can be consulted and printed at any time on the COMIN application and via a direct link at the bottom of the website www.wearecomin.com (hereinafter: the "Website").
These Terms may be supplemented by specific conditions for certain Services which, in case of contradiction, prevail over these General Terms and Conditions of Use.
Subject to the acceptance of these Terms, the Application is granted to the user under license for personal and non-commercial use. This license is non-exclusive, non-transferable, and non-assignable.
These general terms and conditions ("Terms") apply to mobile applications and/or the COMIN website in France.
The Services on our Application/Website allow users to request services either directly via COMIN or from Third-Party Providers. These services are offered under the COMIN brand.
Please read these Terms carefully. They contain essential information about the services and your rights, as well as other important information.
We are COMIN SAS, a simplified joint-stock company established in France with a capital of 1600 euros, registered in Paris under the number 907 788 335 and headquartered at 70 Rue des Saints-Pères, 75007, Paris, France. You can contact us on our website www.wearecomin.com or by email at hello@comin-app.com. Our business centers on linking independent transport providers and passengers through our dedicated applications, all while championing a more equitable and participative approach in urban mobility.
• "Passenger Application": Refers to the COMIN mobile application intended for passengers wishing to book a trip.
• "Driver Application": Refers to the COMIN mobile application specifically designed for Drivers who wish to offer their services.
• "Drivers": Refers to the independent transport provider, connected with the Passenger via the Service, who provides the ride.
• "Order": Refers to the reservation of a trip by a Passenger and the validation of the same trip by the Driver.
• "Account": Refers to the access rights granted to a user by COMIN, associated with a username and password, allowing access to a personal space.
• "General terms and conditions of use" or "T&C": Refers to the present terms of service use, which must be accepted by Users before accessing the Service.
• "COMIN": Refers to the company COMIN, a simplified joint-stock company, headquartered at 70 Rue des Saints-Pères, 75007, Paris, France.
• "Passengers": Refers to any person who uses the Service to connect with a Driver.
• "Price": Refers to the amount in euros calculated based on various factors including pick-up, distance covered, and trip duration.
• "Service" or "Services": Refers to the set consisting of the two COMIN Applications (Passenger and Driver).
• "Website": Refers to the COMIN website: www.wearecomin.com.
• "Rate": Refers to the amount announced to the Passenger in advance during the Order, via the Passenger Application.
• "Trip": Refers to the transport service provided by the Driver at the request of their client, the Passenger.
• "Users": Refers to all persons using the Services, namely the Passengers and Drivers.
• "Services Provided by COMIN": Refers to the services that are directly provided by COMIN and that may be subject to distinct terms.
1. Summary
1.1 These general conditions (the "Conditions") govern your use of COMIN's mobile applications and/or websites. Before creating your customer account via our applications or websites, it is imperative that you read and accept these Conditions. Creating a customer account is a mandatory step to be able to use our services. By accepting these Conditions, you establish a contractual relationship with COMIN. They replace any previous agreement or arrangement between you and COMIN regarding our services.
1.2 These Conditions apply unless they conflict with other specific terms of use for certain features of our applications or websites. Such specific conditions must be accepted separately.
1.3 COMIN acts as an intermediation technology platform, connecting passengers with professional drivers. We ensure, under the conditions provided later, the successful provision of this connection service.
2. Web App(s)/Website(s) Services
2.1 The services provided to you by COMIN include:
2.1.1 Access and use of COMIN's mobile applications and/or websites allowing you to request and receive driver connection services.
2.1.2 Payment collection and processing services enabling us to facilitate your transactions with drivers.
2.2 These Conditions govern your use of our services in France.
2.3 Our applications and websites are available to you under the "COMIN" brand.
2.4 Unless a separate written agreement is in place, our services are provided solely for your personal and non-commercial use.
2.5 Through our applications and websites, you can request and receive VTC driver connection services.
3. Services de Tiers
3.1 For connection services, COMIN acts as an intermediation technology platform between Passengers and Drivers. We do not directly provide transportation services. All VTC drivers are independent professionals and are not employed by COMIN.
3.2 When you request a service, you receive information about available VTC drivers nearby before making a request.
3.3 VTC drivers are free to accept or decline a request.
3.4 For certain services, you may be required to accept separate general conditions.
3.5 You may have the opportunity to rate the VTC driver at the end of each ride. The VTC driver can also rate you. This rating can influence the quality of services you will receive in the future.
4. Use of the Web App(s)/Website(s) Services
4.1 Our applications and websites are compatible with most modern mobile devices with an internet connection.
4.2 You are responsible for obtaining the necessary network access to use our services, and all associated costs are at your expense.
4.3 To use our services, you must register and create an account. You must be at least eighteen (18) years old to register.
4.4 When registering, you must provide certain personal information and, where appropriate, a valid payment method.
4.5 You can choose to stop using our applications or websites at any time, without any obligation to inform us.
4.6 In the event of a serious breach of your obligations, we can temporarily restrict your access to our services. We will inform you of any restrictions and its possible removal.
5.1 No-charge Cancellation the Passenger has the option to cancel their reservation without incurring charges until a certain time after confirmation.
5.2 Cancellation with Charges
The Passenger may be charged cancellation fees in two scenarios:
• If the booking cancellation occurs after a delay of 4 minutes since the reservation confirmation.
• If the Passenger or any other person for whom the transport has been booked does not show up at the rendezvous point with the vehicle.
5.3 Cancellation by the Driver
The Driver has the discretion to cancel the pick-up of the Passenger for various reasons, among which:
• No show of the Passenger at the rendezvous point;
• Accompaniment of a large animal without suitable equipment;
• Any risk that could compromise the safety of the Driver or the vehicle;
• A transport request exceeding the vehicle's capacity;
• Lack of necessary equipment for transporting children (car seat, for example);
• Exceptional or unforeseeable circumstances;
• For any other legal reason.
It should be noted that although the Driver is informed of the fare and destination before accepting a ride, he reserves the right to cancel certain requests if he deems the trip is not profitable. However, this should not occur regularly as it risks affecting the quality of service offered to Passengers via the platform. In the event of such cancellation, the Passenger is not entitled to any compensation. However, they will be notified of this cancellation by an alert on the COMIN Application.
6.1 By using the COMIN Services, you are required to comply with all applicable laws. You are expected to use our services in an ethical, honest manner and in accordance with their main intent. Misuse or fraudulent use of COMIN Services is strictly prohibited. Refer to our Good Conduct Charter for more details.
6.2 Ensure you provide accurate information during registration and during any interaction with the COMIN Services.
6.3 Your COMIN account is strictly individual. It cannot be transferred or shared without our consent. Once registered:
• Stick to a single account unless we provide special permission;
• Protect access to your account and do not make it available to third parties;
• Regularly update your information;
• Keep your password confidential;
• Notify us immediately if you detect suspicious activity on your account.
6.4 You are financially responsible for all activities conducted via your account, unless they result from negligence on our part. In the event of financial fraud, contact both us and your financial institution immediately.
6.5 Ensure that your use of the COMIN Services does not cause inconvenience or harm to COMIN, its partners, or other users.
When a Passenger has confirmed a trip reservation and a Driver has accepted it, the Passenger is required to show up at the indicated starting location. If for any reason the Passenger needs to cancel, they commit to promptly inform the Driver and COMIN using the most appropriate means.
The Passenger must pay the fare to the Driver in accordance with the previously described terms. If the payment is disputed or refused, the Passenger remains liable for the full cost of the trip. Passengers must strictly adhere to road traffic regulations. Any breach of these rules may result in a fine during a road check.
If the vehicle suffers damage due to the Passenger, the cost of repairs, capped at a lump sum of one hundred and fifty (150) euros including VAT, will be automatically deducted from the Passenger's account. For more significant damages, an additional amount may be required, based on the evidence provided by the Driver. The corresponding amount will be directly charged to the bank card provided by the Passenger during their last use of the COMIN Services.
In the event of theft attributed to the Passenger, the cost of the stolen goods will be deducted from the Passenger's account, this amount being determined based on evidence provided by the Driver.
7.1 Trip Cost
Through its application, COMIN offers an estimated price (hereinafter referred to as the "Estimated Price") to undertake the desired route. Before accepting this Estimated Price, the Passenger must verify and ensure that all displayed information matches their planned route.
COMIN provides the Passenger with the Estimated Price in advance through the application, considering elements such as the starting point, destination (which helps estimate the duration and distance of the route), and the current demand.
Once this Estimated Price is validated by the Passenger, route details are shared with various Drivers. They can then review the route information, including the starting point, destination, and Estimated Price.
A Driver who accepts the route has the discretion to choose the route they deem most appropriate, with the Passenger's approval. It should be noted that the Estimated Price is provided in advance and does not change based on the actual route taken.
The only exception would be in the case of an unforeseen event that significantly extends the trip time (like a road closed due to unexpected construction). In such a situation, the trip price might be adjusted to reflect the added time, while keeping the initially estimated distance.
7.2 Costs Associated with Third-Party Services and COMIN Special Offers
7.2.1 When you initiate a transaction via the COMIN application or website, you agree to pay all associated fees. These fees are detailed in article 7.1 mentioned above.
7.2.2 Depending on the service or product selected, the total amount of fees may be indicated before confirming your order. If not, the amount will be based on specific criteria detailed when selecting the service or product.
7.2.3 Additional fees might be imposed on you for specific reasons related to your use or misuse of the Services (e.g., cleaning fees or damages).
7.2.4 For some services, it is possible to negotiate the amount with the service provider before confirming the service.
7.2.5 If you cannot benefit from the service due to reasons attributable to you (e.g., absence during delivery), the fees might still be charged unless proven otherwise.
7.2.6 After the service provision, an invoice can be sent to you directly or via the concerned provider, including all applicable taxes.
7.3 General Provisions
7.3.1 For more details regarding specific rates or fees, please consult the "Support" section on the COMIN application or website.
7.3.2 Rates are subject to change, and any changes will be communicated with your prior consent. If you do not agree to these changes, you may be limited in using the COMIN Services.
7.3.3 Rates do not include tips. If you wish to leave a tip, it can be done directly or via our platform.
7.3.4 Unless otherwise agreed, all fees are due immediately upon confirming your order. Payment is facilitated by COMIN with the payment method linked to your account. If payment fails, COMIN reserves the right to attempt the transaction again.
7.3.5 All rates are inclusive of VAT.
Payment of the Price by credit card is implemented by the secure payment Provider, who alone retains the Users' credit card information for this purpose.
Unless otherwise specified later, you cannot revoke your request for Third-Party Services or Services Offered by COMIN once it has been validated. However, in certain situations related to Third-Party Services, either COMIN or the Third-Party Provider might offer you the possibility to cancel your request. Please note that in the event of cancellation, fees might be imposed on you.
The systems, programs, structures, architectures, databases, and various contents (such as texts, graphics, illustrations, music, logos, brands, data, etc.) used by COMIN through its Application and Website are protected by all currently applicable rights related to intellectual property and the rights of database creators. Any disassembly, decompilation, decoding, extraction, reuse, duplication, and, in general, any form of reproduction, display, distribution, or use of these elements, in whole or in part, without the explicit permission of COMIN is strictly prohibited. Any violation of this rule could result in legal action.
These T&Cs are in line with the stipulations of European regulation (EU) 2016/679 of April 27, 2016, concerning the protection of individuals regarding the processing of personal data and the free movement of such data. They also comply with the provisions of law no. 78-17 of January 6, 1978, related to data processing, files, and freedoms, as well as any other applicable regulation on this matter. COMIN is deeply committed to protecting personal data. The specifics of this protection are detailed in the document named "Privacy Policy," which we strongly urge every user to consult: https://www.wearecomin.com/fr/privacy-policy.
The Services offered by COMIN are provided for an indefinite duration. The user can request the termination of Services at any time by sending a request to COMIN by email, at the addresses specified in section 15. The termination will take effect within a period not exceeding seven (7) days after receiving this request. Any termination requested by the user will not be validated by COMIN if amounts remain due or if a transaction is still ongoing in the name of the user.
COMIN reserves the right to review and adjust these T&Cs at any time. Users will be notified of any changes by appropriate means. If a user does not wish to adhere to the revised T&Cs, they must cease their use of the Services in accordance with section 11. Any user continuing to use the Services after the application of the updated T&Cs is deemed to have accepted these changes.
These General Terms and Conditions (T&Cs) of COMIN are established, interpreted, and executed under French law.
In the event of a disagreement, before undertaking legal proceedings, COMIN and the user will strive to reach an amicable resolution. The user is advised that they have the right to seek mediation, in accordance with the provisions of articles L.611-1 and following of the Consumer Code, and to file a complaint with a competent entity for dispute resolution.
For any questions, requests for information, or concerns regarding the services offered by COMIN, users can contact our dedicated customer support team:
E-mail: hello@comin-app.com
Postal address: 70 rue des Saints Pères, 75007 Paris, France
We strive to respond to all requests as quickly as possible. Your satisfaction is our priority. To facilitate the processing of your request, please provide all relevant information concerning your account or your trip.
If you wish to provide feedback or suggestions to improve our services, do not hesitate to write to us. Your opinion is crucial to enable us to evolve and offer you the best possible experience.
These terms and conditions were put into effect on October 1, 2023.
The most recent update was made and became effective on October 1, 2023.
