DriveMeFly General Terms of Use

These General Terms of Use ("Terms") govern access to and use of the DriveMeFly platform, accessible in particular via its website and mobile applications.

By creating an account, making a booking, offering or performing a transport service through DriveMeFly, the user acknowledges having read these Terms and accepts them.

1. Presentation of DriveMeFly

DriveMeFly is a digital platform that, among other things, connects people wishing to book a transfer or private transport with professional drivers or transport companies capable of performing this service.

DriveMeFly provides, in particular, technological services enabling:

• searching for a transfer;
• estimating or displaying a fare;
• creating and managing a booking;
• transmitting transfer requests to the relevant drivers;
• acceptance of requests by drivers;
• management of drivers and vehicles belonging to a fleet;
• tracking the status of bookings;
• sending notifications relating to transfers;
• communicating the information needed to carry out the transport.

Unless otherwise required by applicable law or expressly stated at the time of booking, DriveMeFly is not the carrier physically performing the journey.

The transport is carried out by an independent professional driver or transport company, hereinafter referred to as the "Transport Provider".

2. Definitions

In these Terms:

"DriveMeFly" refers to the platform, the website, the mobile applications and the associated digital services.

"Client" refers to any person making a booking on DriveMeFly.

"Passenger" refers to any person transported under a booking.

The Client may make a booking for themselves or for another Passenger.

"Driver" refers to a professional using DriveMeFly to receive or perform transport requests.

"Independent Driver" refers to a Driver using DriveMeFly on their own account.

"Fleet Owner" refers to an individual or legal entity holding an account allowing them to manage several Drivers and/or vehicles.

"Fleet Driver" refers to a Driver attached to a Fleet Owner's account.

"Transport Provider" refers to the Independent Driver, the company or the Fleet Owner responsible for performing the transport.

"Booking" refers to a transport request made through DriveMeFly and confirmed in accordance with the process indicated on the platform.

"Transfer" or "Ride" refers to the transport service corresponding to a Booking.

3. Access conditions

Use of DriveMeFly's booking services is reserved for persons at least 18 years of age who are legally capable of entering into a contract.

A minor may be a Passenger only when travelling under conditions authorized by applicable law and, where necessary, accompanied by a responsible adult.

The user undertakes to provide accurate, complete and up-to-date information.

4. User account

Certain features require the creation of an account.

The user is responsible for:

• the accuracy of the information provided;
• the confidentiality of their login credentials;
• activities carried out from their account;
• keeping their contact details up to date.

Any suspicious or unauthorized use must be reported to DriveMeFly as soon as possible.

DriveMeFly reserves the right to temporarily or permanently suspend an account in the event of, in particular, fraud, misuse, false information, dangerous behaviour or serious breach of these Terms.

5. Booking a transfer

The Client provides the information necessary to search for a transfer, including:

• pick-up location;
• destination;
• date;
• time;
• number of Passengers;
• number of bags where requested;
• vehicle category;
• any options;
• flight information where necessary.

The Client is responsible for the accuracy of the information provided.

An error concerning, in particular, the date, time, address, airport, terminal, flight number or number of Passengers may prevent the transfer from being properly carried out.

6. Confirmation of the booking

A request made on DriveMeFly does not necessarily mean that a Driver has already accepted the transfer.

Where the booking model requires acceptance by a Driver, the booking becomes confirmed after acceptance by a Transport Provider and confirmation by DriveMeFly.

The Client then receives confirmation through one of the available means, including:

• the application;
• push notification;
• email.

Information relating to the Driver and vehicle may be communicated at a later stage where it is not yet available at the time of confirmation.

7. Price

The price shown to the Client before confirming the Booking corresponds to the transfer price based on the information provided at the time of the request.

The fare may depend, in particular, on:

• the distance;
• the estimated duration;
• the vehicle category;
• the pick-up and destination locations;
• the date and time;
• the options requested;
• any surcharges displayed before booking.

The Client must check the price before confirming their request.

Any significant subsequent change to the booking may result in a change to the fare.

8. Currency

DriveMeFly may allow prices to be displayed in several currencies.

Where conversions are offered, converted amounts may be displayed for informational purposes based on the exchange rate used by DriveMeFly or its providers.

The final billing or payment currency is indicated to the Client where applicable.

Differences may occur due to exchange rates or fees applied by banks or payment providers.

9. Vehicle categories

DriveMeFly may offer different categories such as:

• Economy;
• Comfort;
• VIP;
• Van;
• Minibus;
• Bus.

Any photographs, brands or models presented may be provided for illustrative purposes.

Unless a specific vehicle is expressly guaranteed, the booking mainly relates to a vehicle category and capacity.

A different vehicle offering suitable characteristics and capacity may be used.

10. Luggage

The Client must select a vehicle suited to the number of Passengers and their luggage.

Exceptionally bulky or unusual luggage must be reported where an option allowing this is available.

The Transport Provider may refuse luggage that is:

• dangerous;
• prohibited by law;
• incompatible with the vehicle;
• reasonably in excess of the available capacity.

11. Baby seats and special equipment

Where available, baby seats, booster seats or other equipment may be requested when booking.

The Client must provide the necessary information, including the number of children and the equipment requested.

The availability of this equipment depends on the Transport Provider and the law applicable at the transfer location.

12. Animals

The transport of animals must be reported at the time of booking where such an option is offered.

The Transport Provider may impose specific conditions relating, in particular, to the animal's size, cage or carrier.

Legally recognized assistance animals are treated in accordance with applicable regulations.

13. Airport pick-up

For a transfer from an airport, the Client must provide the requested information, including the flight number where available.

This information allows the Transport Provider to better organize the pick-up in the event of a change in arrival time.

The Client must nevertheless communicate any significant change of which they become aware.

The meeting point may vary depending on the airport and terminal.

Meeting instructions may be communicated to the Client before the transfer.

14. Waiting time

Unless otherwise indicated at the time of booking, DriveMeFly applies the following free waiting times:

Airport

60 minutes of free waiting time after the pick-up time determined based on flight information and the booking.

Other pick-up locations

15 minutes of free waiting time after the scheduled pick-up time.

Beyond the free period, the Driver may wait longer where possible.

Additional waiting time may result in extra charges where these have been announced or accepted in accordance with the applicable rules.

Where the Passenger remains unreachable and does not show up after the applicable waiting period, the booking may be considered a No-show.

15. Flight delay or change

Where the Client has correctly communicated their flight number, the Driver may adjust the pick-up to the actual arrival time where reasonably possible.

In the event of a significant delay, flight change, airport change or other major change, DriveMeFly cannot guarantee the availability of the same Driver.

DriveMeFly or the Transport Provider will seek an alternative solution where possible.

16. Cancellation by the Client

Unless specific conditions are clearly indicated before booking:

More than 24 hours before pick-up

The Client may cancel their booking free of charge.

Where the transfer has already been paid for, the amount corresponding to the cancelled transfer is refunded according to the payment method and applicable conditions.

Less than 24 hours before pick-up

The booking is normally no longer refundable.

The full amount of the transfer may be due.

No-show

Where the Passenger:

• does not show up;
• is absent from the agreed location;
• remains unreachable;
• provides incorrect information reasonably preventing the Driver from finding them;

the booking may be considered as having been performed and no refund is normally due.

17. Modification by the Client

The Client may request a change concerning, in particular:

• the time;
• the date;
• the pick-up location;
• the destination;
• the number of Passengers;
• the vehicle category.

Any change is subject to availability.

A change may result in a price difference.

Where a substantial change is requested less than 24 hours before the transfer, DriveMeFly does not guarantee that it can be accepted.

18. Cancellation by the Driver

A Driver who has accepted a booking undertakes to make every effort to perform it in accordance with the information communicated.

Cancellation by the Driver must remain exceptional.

In the event of cancellation, DriveMeFly may offer the request to other available Drivers in order to seek a replacement.

The Driver must notify DriveMeFly as soon as they know they will not be able to carry out the transfer.

Repeated, unjustified or late cancellations may result in:

• a warning;
• reduced access to new requests;
• a temporary suspension;
• deactivation of the Driver account.

The precise arrangements may be set out in the conditions applicable to Drivers.

19. Unavailable Driver

Where a Driver cancels or becomes unavailable, DriveMeFly may attempt to find another Transport Provider.

The Client may receive new information relating to the replacement Driver or vehicle.

If no reasonable replacement can be found and the transfer cannot be performed, any sum paid for the transfer not carried out will be refunded, subject to applicable mandatory rules.

20. Driver delay

The Driver must make reasonable efforts to arrive at the scheduled time.

Events beyond their control may nevertheless cause a delay, including:

• traffic;
• accident;
• road closure;
• weather conditions;
• authority checks;
• demonstrations;
• exceptional events.

In the event of a significant delay, the Client is invited to use the available means of contact to obtain information or contact support.

21. Drivers' obligations

Any Driver using DriveMeFly declares that they hold the authorizations legally required to carry out their activity.

Where required by applicable law, they must, in particular:

• hold a valid driving licence;
• hold the required professional licences and authorizations;
• have a vehicle legally authorized to carry Passengers;
• hold appropriate insurance;
• comply with mandatory technical inspections;
• comply with local regulations applicable to the transport of persons.

The Driver is responsible for maintaining the validity of these documents throughout their use of DriveMeFly.

DriveMeFly may request supporting documents and suspend an account where required documents are expired, invalid or not provided.

22. Vehicles

The vehicles used must be:

• legally authorized to be driven;
• properly maintained;
• clean;
• suited to the accepted number of Passengers;
• covered by mandatory insurance;
• compliant with applicable safety rules.

DriveMeFly may refuse or withdraw a vehicle that does not meet the criteria applicable to the platform.

23. Fleet Owners

The Fleet Owner is responsible for the Drivers and vehicles they add or manage on their account.

They must ensure that each Driver:

• holds the necessary authorizations;
• holds a valid licence;
• is properly insured where necessary;
• is authorized to use the vehicles assigned to them;
• complies with these Terms and the rules applicable to Drivers.

The Fleet Owner is also responsible for the accuracy of the information concerning their vehicles.

24. Drivers belonging to a fleet

A Fleet Driver may access the features necessary to carry out the transfers assigned or made available to them according to their fleet's configuration.

Administrative management of the vehicles and other Drivers normally remains the responsibility of the Fleet Owner.

The Fleet Owner may, in particular, manage the assignment of Drivers and vehicles in accordance with the features offered by DriveMeFly.

25. DriveMeFly commissions

DriveMeFly may charge a commission or fees in return for the use of the platform and the introduction service.

The applicable amount or calculation method is communicated to the Transport Provider according to the commercial terms of their account.

DriveMeFly may change its commissions for future bookings after informing the professionals concerned in accordance with applicable rules.

26. Payments to Drivers

Where DriveMeFly is involved in collecting or settling payments for transfers, the amounts owed to the Transport Provider are calculated in accordance with:

• the transfer price;
• the applicable DriveMeFly commission;
• any adjustments;
• cancellations;
• refunds;
• other agreed fees.

The payment arrangements and timeframes are set out in the commercial terms applicable to Drivers or Fleet Owners.

27. User conduct

All users must behave respectfully and safely.

The following are in particular prohibited:

• violence;
• threats;
• harassment;
• discrimination;
• inappropriate sexual behaviour;
• fraud;
• deliberate damage to the vehicle;
• transport of illegal or dangerous items;
• use of DriveMeFly for unlawful purposes.

Serious misconduct may result in immediate suspension of the account and, where necessary, a report to the competent authorities.

28. Safety

The Driver remains responsible for driving the vehicle and must comply with the highway code and local regulations.

The number of Passengers must never exceed the vehicle's legal capacity.

Passengers must comply with safety rules, including wearing a seatbelt where mandatory.

29. Damage to the vehicle

The Passenger may be held liable for damage they deliberately or negligently cause to the Driver's vehicle.

This may include, in particular:

• damage to the interior;
• broken equipment;
• exceptional soiling requiring professional cleaning.

Any compensation claim must be reasonably justified.

30. Lost property

DriveMeFly and Drivers will make reasonable efforts to facilitate the recovery of lost property.

The Client must contact support as soon as possible.

However, DriveMeFly cannot guarantee the recovery of an item left in a vehicle.

Any reasonable costs necessary for the return of the item may be borne by the Client.

31. Relationship between DriveMeFly and Drivers

Unless otherwise required by law, Drivers and transport companies using DriveMeFly carry out their activity independently.

Use of DriveMeFly does not, in itself, create an employment relationship, a general agency, a partnership or an association between DriveMeFly and the Transport Provider.

Each Transport Provider remains responsible for complying with their professional, social, tax and regulatory obligations.

32. Liability for transport

The Transport Provider is responsible for the proper performance of the transport in accordance with the regulations applicable to them.

DriveMeFly is responsible for the digital and intermediation services it provides within the limits set by applicable law.

Nothing in these Terms is intended to exclude or limit any liability that cannot legally be excluded or limited.

33. Exceptional events

DriveMeFly or the Transport Provider cannot be held liable for any impossibility or delay resulting from an event reasonably beyond their control, within the limits permitted by law.

This may include, in particular:

• natural disaster;
• extreme weather conditions;
• road closures;
• strikes;
• war;
• civil unrest;
• administrative decision;
• widespread network failure;
• major event affecting transport infrastructure.

The parties will make reasonable efforts to limit the consequences of the event.

34. Platform availability

DriveMeFly strives to ensure regular availability of its services.

Temporary interruptions may nevertheless occur due to:

• maintenance;
• updates;
• technical incidents;
• issues affecting external providers;
• circumstances beyond our control.

DriveMeFly does not guarantee permanent, uninterrupted availability of the application or website.

35. Notifications and communications

DriveMeFly may contact users by:

• email;
• push notification;
• in-app notification;
• telephone where necessary;
• any other means provided by the user and authorized.

Communications may relate, in particular, to bookings, status changes, Driver information, account security and service operation.

36. Personal data

Personal data is processed in accordance with DriveMeFly's Privacy Policy.

This policy specifies, in particular:

• the data collected;
• its purposes;
• its retention period;
• any recipients;
• users' rights.

37. Suspension and closure of an account

DriveMeFly may suspend or close an account, in particular, in the event of:

• proven or strongly suspected fraud;
• false information;
• falsified documents;
• dangerous behaviour;
• serious or repeated breach of these Terms;
• abusive cancellations;
• unlawful use of the platform;
• harm to the safety of other users.

Where appropriate and legally required, the user will be informed of the reason for the measure.

38. Intellectual property

The DriveMeFly platform and its elements, including:

• brand;
• logo;
• interface;
• text;
• software;
• databases;
• graphic elements;

are protected by applicable intellectual property rights.

No user is authorized to copy, reproduce, modify, distribute or exploit these elements without prior authorization.

39. Amendment of these Terms

DriveMeFly may amend these Terms in order, in particular, to take into account:

• new features;
• changes to how the platform operates;
• regulatory changes;
• new commercial terms.

The applicable version is the one made available on the platform.

In the event of a substantial change affecting existing users, appropriate notice may be given before the new terms take effect where required by regulation.

40. Complaints

For any difficulty relating to a booking, the user may contact DriveMeFly customer service.

To enable the request to be processed, they may be asked to provide:

• the booking reference;
• the account email address;
• a description of the problem;
• any supporting documents.

Contact: support@drivemefly.com

41. Governing law and jurisdiction

These Terms are governed by Tunisian law.

Any dispute will be handled in accordance with the applicable rules on jurisdiction.

Where the user acts as a consumer, nothing in these Terms deprives them of the mandatory protections to which they are entitled under the law applicable to their situation.

42. Legal information

The DriveMeFly platform is operated by:

Kiwi Softwares

SUARL

Rue Bilel Ibn Rabeh, 8050 Hammamet, Tunisia

Email: support@drivemefly.com

43. Acceptance

By creating an account or using DriveMeFly's services, the user acknowledges having read and understood these General Terms of Use and agrees to comply with them.

DriveMeFly – General Terms of Use