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Allgemeine Nutzungsbedingungen

Ein virtuo buchen

Terms and Conditions of the Platform

The present terms and conditions of the Virtuo application and website (hereinafter referred to as the "Platform General Conditions") govern the relationship between Virtuo Technologies, a simplified joint stock company with a capital of 447,535.56 euros, registered in the Paris Trade and Companies Register under number 813 197 589, whose head office is located at 7 rue Jacques Bingen - 75017 Paris (hereinafter referred to as "Virtuo") and any registered person (hereinafter referred to as the "User"), wishing to use the website www.govirtuo.comand/or the Virtuo mobile application, which can be downloaded from the Apple App store and the Android Play store and the websitewww.govirtuo.com(hereinafter referred to as the "Platform").

The creation of a user account implies full and complete acceptance of the Terms and Conditions using a check box, which the User acknowledges having read, understood and accepted in full knowledge of these facts. These Terms and Conditions of the Platform reference the Privacy Policy available at the following URL: www.govirtuo.com (hereinafter referred to as the ‘Privacy Policy’).

1. Subscribing to the Platform

The user declares themselves to have the capacity to accept the Terms and Conditions of the Platform, i.e., being of at least eighteen (18) years of age and legally capable of entering into a contract.

The User may use the Platform in a non-professional or professional capacity where their employer has entered into an ad hoc contract with Virtuo.

To register on the Platform, the User must fill in any data fields using complete and accurate information. 

As a minimum, the following must be uploaded:

  • A copy of a valid driving licence regarding the law and regulations in force in the country where the vehicle is hired
  • and an ID photo from their phone’s camera. 

Virtuo nonetheless reserves the right to request from the User other documents proving their identity (copy of passport, proof of address, etc.).

As part of their use of the services provided by the Platform as well as any other promotional activity for Virtuo’s services, the User grants a right of use, reproduction and representation. They do so for the duration of their subscription in terms of intellectual property and privacy.

Such data that must be provided to Virtuo is identified as such during subscription by the User or in subsequent communication between Virtuo and the User.

This subscription is obligatory in order to use the Platform and access services. The User account will be created after verification of identity by Virtuo. If Virtuo cannot carry out this verification, access is suspended until such time that the User’s identity can be validated.

In the event of an incomplete or incorrect declaration, the User’s account may, by rights, be closed, without prior notice. In any event, the User shall be accountable for any consequences that may arise from such a declaration.

The creation of an account by the User necessitates an email address provided during registration and a password of their own choosing (for security and confidentiality reasons, it is recommended that the User choose strong passwords and change them regularly).

Upon validation of the User’s subscription, Virtuo will automatically send them an email to the address specified in order to confirm the creation of their User account.

Upon receipt of this confirmation email, the User may access services freely. 

The personal account of each User allows them to update their personal data.

The username and password are unique and personal. They must not be divulged to a third party. Any use of the Platform using the username and password of a User will be considered to have been carried out by said User. In the event that a username or password is disclosed, the User must contact Virtuo as soon as possible at the following address [email protected] so that they may be deactivated.

2. Vehicle Reservation

Once the User inputs their search criteria, the Platform will display the vehicles that correspond to their search. 

The User may select a vehicle with which they wish to book their journey, by choosing the day and date when the reservation will start and end.

To confirm the reservation, the User must accept the rental terms and conditions available at the following address: www.govirtuo.com (hereinafter referred to as ‘Rental Terms and Conditions’) and pay the rental fee according to the conditions set out in Article 4.

Once Virtuo has accepted the booking request, it will send a confirmation email to the User. 

Before the rental period begins, the User will receive a notification on their mobile phone which will inform them that their booking is about to commence.

The User has the ability to add up to four (4) additional drivers from among his contacts. If they have not yet subscribed, they will be invited by SMS and email to create their account on the Platform. This is subject to the validation of their account as set out in Article 1.

The user may refer one of their contacts by sending them a link. The referred contact may take advantage of a credit that may be used during their first vehicle rental, provided they have an active Virtuo account and have not yet made a reservation.

3. Access to the Platform and services

The User is responsible for the provision of equipment necessary for access to the Platform. They shall assume the cost of accessing the internet while using the Platform.

Virtuo endeavours to keep the Platform accessible 24/7.

Virtuo reserves the right, without compensation, to temporarily or permanently close the Platform or stop access to one or several services in order to carry out maintenance operations necessary for technological updates or the continuity of service.

Notice of permanent closure of services will be communicated via the Platform a minimum of two (2) weeks before it takes place. 

Virtuo may make any changes or improvements to the Platform that it deems necessary.

4. Financial terms

Use of the Platform is free.

Financial terms relating to the rental of a vehicle are set out in the Rental Terms and Conditions available at the following address www.govirtuo.com.

5. User Responsibilities

The User commits to use the Platform and services in a manner consistent with applicable legislation and the provisions of the Terms and Conditions of the Platform. 

In the absence of prior, written authorisation on the part of Virtuo, it is prohibited to:

  1. Use any language of an illegal, threatening, degrading, defamatory, obscene, hateful, pornographic or blasphemous nature, or post any other message that may constitute a crime or an offence on the Platform and/or against Virtuo stakeholders, engage civil responsibility, infringe legislation, or use language that may be contrary to the law or the present terms and conditions;
  2. Upload or transmit on the Platform or use any equipment, software or routine that contains viruses, Trojan horses, worms, time bombs or other programmes and processes designed to damage interfere or attempt to interfere with the regular function of the Platform, or take over the Platform, or use any means to cause an overload of our systems or infringe the rights of third parties;
  3. Extract or reuse a portion or all of the content on the Platform.

It should be noted that the articles 323-1 et seq. of the Penal Code punish by penalties of up to five (5) years’ imprisonment and a fine of one hundred and fifty thousand euro (€150,000):

  1. fraudulent access and maintenance in an automated data processing system;
  2. fraudulent deletion, modification or addition of data in said system;
  3. obstruction of the system.

6. Intellectual property

The Platform is the exclusive property of Virtuo.

Any content not uploaded by the User, particularly any data, functionality, text, names, designations, images, photographs, videos, graphic elements, brands, or sounds is the exclusive property of Virtuo. The Terms and Conditions of the Platform shall under no circumstances be understood as a transfer of any of the rights of Virtuo. None of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, disseminated, sold, leased, conceded or exploited in any manner whatsoever, without the prior and express agreement of Virtuo.

It is expressly forbidden to extract, by permanent or temporary transfer of all or part, qualitatively or quantitatively, substantial contents of the Virtuo database to another medium, by any means and in any form whatsoever.

7. Licence

7.1. Right of use

Virtuo grants a personal, non-exclusive, non-transferable right to the User worldwide taking effect from the acceptance by the User of the present conditions and applying as long as the latter uses the Platform.

7.2. Limitations

The User is prohibited, directly or indirectly, except in the case of express, prior written agreement from Virtuo, from: 

  1. decompiling or disassembling the Platform, using reverse engineering or attempting to find or reconstitute the source code or the ideas that are its basis, algorithms, file formats or programming or interoperability interfaces of the Platform except within the limits of the right granted by Article L. 122-6-1 of the Intellectual Property Code, in any way. In the event that the User wishes to obtain information enabling interoperability of the Platform with another piece of software developed or acquired independently by the User for a use consistent with the purposes of the Platform, the User, before involving a third party, commits to firstly consulting Virtuo, which will provide them with the information necessary for the application of this interoperability. The exact cost generated internally at Virtuo for the provision of this information will be billed to the User by Virtuo;
  2. to proceed alone or with the help of a third party, to correct potential errors in the Platform to make it consistent with its purpose, Virtuo reserves the sole right of exercise of this law in accordance with Article L. 122-6-1-I of the Intellectual Property Code;
  3. to delete or modify any reference relating to the property rights of Virtuo or any third party;
  4. to transfer, use or export the Platform in violation of existing regulations;
  5. to integrate or combine the Platform with other software or documents or to create composite or derivative works with the help of all or part of the Platform.

8. Protection of personal data

The User is informed that Virtuo performs automated processing of their personal data for the purposes of handling and management of commercial relations and rentals.

Virtuo offers a range of connected vehicles equipped with an on-board device allowing for the collection and provision of certain categories of information about the vehicle.

Virtuo may thereby use this tool at any time to monitor the condition, performance and operation as well as the location of the vehicle.

The processing of this data is necessary to provide you with 24/7 access to the vehicle, prevent potential infractions, prevent theft and fraud and for to ascertain the condition of the vehicle in case of emergency. 

Some vehicles, except in Germany, may also be equipped with an on-board camera, mounted under the rear-view mirror of the vehicle which films the road ahead. This video recording aims to accurately determine the responsibility of each party in the event of damage to the vehicle and, in particular, to protect you from wrongful claims of third parties.

This data may be transmitted to subsidiaries and/or companies overseen by Virtuo, as well as sub-contractors which contribute to these relations in terms of management, execution, processing and payment.

Each User shall have rights of access, rectification, limitation, portability and deletion for their personal data, as well as a right of opposition to processing and a right to specify post-mortem directives.

To this end, communications should be directed either:

- by post to Virtuo Technologies – 7 Rue Jacques Bingen – 75017 Paris

- or by email addressed to the DPO at [email protected]

It should be noted that with regard to rectifications and other updates of data relative to their Virtuo account, the User may perform any necessary modification and deletion directly.

For more information, the User is invited to consult the link ‘Privacy Policy’ available on the Virtuo website and/or the App.

9. Responsibility

Virtuo limits itself to technical vehicle reservation services for its users.

More generally, Virtuo shall under no circumstances be responsible for a User’s non-compliance with applicable law when using the Platform and accessing services.

In addition, Virtuo accepts no liability for use of the Platform made by Users. 

The User is solely responsible for any damages, direct or indirect, suffered as a result of incorrect, incomplete and/or misleading information supplied during their registration or as a result of failure to update this information, for which they assume the consequences.

Virtuo shall be responsible solely for faults that are attributable to it. In this situation, only direct and foreseeable damages covered by Articles 1231-3 and 1231-4 of the Civil Code may be required to be repaired.

10. Duration – Termination – Suspension of account

The Terms and Conditions of the Platform take effect as of their acceptance by the User and shall apply as long as the User uses the Platform.

The User may terminate his subscription to the Platform at any time, at which point their account shall be closed by Virtuo, except in the event that a vehicle reservation is in progress. As of the closure of their account, the User shall no longer be able to complete additional reservations.

The User’s account may be suspended in the event that:

  1. the User has not paid the bill for their reservation;
  2. the payment has failed before or after the beginning of the vehicle reservation period;
  3. the User’s licence does not satisfy the requirements for use of Virtuo’s vehicles;
  4. the User has extended the lease beyond the stated period for a third time.

The User’s account may be deactivated or deleted in the event of breach(es) to the Terms and Conditions of the Platform and/or the Rental Terms and Conditions. In the event that the User’s account is deleted, they may be prevented from registering anew.

11. Miscellaneous stipulations

11.1. Modification of the Terms and Conditions of the Application

Virtuo reserves the right, at any time, to make any modifications to the Terms and Conditions of the Platform it deems necessary.

In the event of modifications to the Terms and Conditions of the Platform, Virtuo commits to have the User accept these modifications the next time the User accesses the Platform.

11.2. Transfer

Virtuo has the right to transfer all or part of its rights and obligations under the Terms and Conditions of the Platform to any company that it controls, it is controlled by, or that is under common control (control being understood in the sense of Article L233-3 of Commercial Law). In the event of transfer, Virtuo commits to make its best efforts to inform the User.

In any event, Virtuo shall ensure the continuation of the rights and obligations of the User.

11.3. Force majeure

Neither of the parties shall be held responsible in the event that the performance of their obligations are delayed, constrained or made impossible by the occurrence of an event outside of the control of either party, which could not have been reasonably foreseen when entering into the contract and whose effects could not have been prevented by appropriate measures (hereinafter referred to as ‘Force Majeure’).

The events in the following non-exhaustive list shall be considered as Force Majeure: war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; partial or total strike or industrial dispute external to either Party; bad weather (particularly floods and storms); any event declared a ‘natural catastrophe’; fire; epidemic; invasion of zombies; blockage of transport routes or disruption of supply (particularly energy); failure of electricity supply, heat, air conditioning, telecommunications networks, data transport; and failure of satellites.

In the event of the occurrence of Force Majeure, the execution of the obligations of either Party shall be suspended.

11.4. Waiver

The fact of not having exercised any one of the rights listed herein does not constitute a waiver of said rights; only an express declaration on the part of the Party concerned will suffice.

11.5. Agreement on proof

Computerised records shall be retained Virtuo’s IT systems under adequate security conditions and shall be considered proof of communication, orders and payments carried out on the Platform or via email.

11.6. Partial invalidity

In the event that one or several of the Terms and Conditions of the Platform are considered impermissible by a competent court, the other clauses shall retain their scope and effect.

11.7. Suppliers – Service Providers - Sub-contractors

As long as the Terms and Conditions apply, Virtuo shall be free to involve any supplier, service provider and/or sub-contractor of its choice.

12. Applicable law and dispute

The Terms and Conditions of the Platform are regulated by French law.

The terms an conditions of the Platform are available on several language but only the French Version shall prevail.

The User may refer the matter to the CNPA (National Council of Automobile Professions). You may do so by:

  1. post using the address: 43 bis route de Vaugirard - CS 80016- 92197 Meudon CEDEX
  2. email using the address: [email protected];
  3. directly on the website by filling out the referral form: https://www.mediateur-cnpa.fr/saisir-le-mediateur.htm