Terms & Conditions – Hera13 Transport

1. Company Information

Company Name: Hera13 Transport

Legal Form: SARL (Limited Liability Company)

Registered Office: 44 boulevard Roume, 13013 Marseille, France

RCS Marseille – SIRET No.: 93856347500012

VAT Number: [To be completed]

Email: [email protected]

Website: https://hera13.com

Legal Representative: [To be completed]

2. Definitions

Platform: The digital services offered by Hera13, including the "Hera13" (riders) and "Hera13 Driver" (drivers) mobile apps and website.
Client: Any adult user who books a ride via the Hera13 app.
Driver: A licensed independent professional with a valid VTC license.
Ride: A transport service booked by a client and fulfilled by a driver.
Hera13 Wallet: A non-refundable digital credit, usable only within the Hera13 platform.
Stripe: Third-party secure payment processor used by Hera13.
GDPR: General Data Protection Regulation (EU 2016/679).
Force Majeure: Any unforeseen and unavoidable event that prevents contractual obligations from being fulfilled.

3. Purpose

These Terms & Conditions govern the use of the Hera13 Platform for connecting riders and VTC drivers for paid transportation services.

Note: Hera13 is not a transportation company. It acts solely as a technical and administrative intermediary between the rider and the driver, in accordance with Article L.111-7 of the French Consumer Code.

4. Acceptance of Terms

By using the Platform, users fully and unconditionally accept these Terms & Conditions.

Updates may be issued periodically. Users must consult the latest version via the app or website.

5. Platform Access

Reserved for adults with legal capacity.

Registration requires:

• Valid email and phone number

• Proof of identity

Drivers must also provide:

• Valid VTC professional license

• Insurance certificate

• Driver's license

• Recent company registration extract (Kbis)

• Proof of identity

Hera13 reserves the right to suspend or delete any account found to be non-compliant.

6. Relationship Between Hera13 and Drivers

• Drivers are independent professionals.

• They may accept or reject rides freely.

• No schedules, exclusivity, or work quotas are imposed.

• Hera13 does not supply equipment or issue orders.

Legal Note: Hera13 is not an employer. This clause prevents the relationship from being reclassified as an employment contract (reference: Uber case law – Cass. soc., March 4, 2020).

7. Pricing

Fares are calculated automatically based on:

• Distance

• Estimated duration

• Vehicle type

• Geographic zone

• Special conditions (high demand, events, etc.)

The fare is shown before booking and is considered final, except in cases of:

• Rider delays over 5 minutes

• Route changes

• Late cancellations

8. Payment Terms

• All payments must be made through the platform (credit card, Apple Pay, Google Pay, PayPal).

• Payments are processed securely via Stripe.

• No cash or off-platform payments are allowed.

• Receipts are accessible through the app.

9. Hera13 Wallet

• Rechargeable credit, usable only on the Platform

• Non-refundable under any circumstances

• Not considered a payment account as defined by EU Directive 2007/64/EC

10. Ratings & Service Quality

• Riders can rate drivers from 1 to 5 stars after each ride

• A driver's average rating below 3.0 may lead to temporary suspension

• Drivers may appeal any sanctions via a formal request

11. Data Privacy & Security

• All data processing complies with GDPR

• Data is securely hosted by Hetzner (Germany) and protected via Cloudflare

• Bank data is handled exclusively by Stripe

• Users may exercise their rights (access, deletion, correction, portability) via: [email protected]

12. Tax & Social Obligations

• Hera13 provides drivers with an annual earnings summary for tax reporting

• The platform helps inform drivers about their obligations (URSSAF, RSI, continuing education)

13. Disclaimer of Liability

Hera13 is not responsible for:

• Ride delays or cancellations

• Behavior of drivers or riders

• Lost or forgotten items

• Indirect or non-material damages

• Vehicle non-compliance

• Financial losses due to user errors

14. SOS Function

• An in-app SOS feature is available to report danger during a ride

• It does not replace official emergency services

• Hera13 cannot guarantee immediate intervention

15. Force Majeure

Neither party is liable for failure to fulfill obligations due to force majeure, including:

• Natural disasters

• Riots or war

• Network or server outages

• Systemic technical failures

• Unexpected administrative rulings

16. Changes to the Terms

• Hera13 may update these Terms & Conditions at any time

• Updates will be notified via the app at least 15 days in advance

• Continued use implies acceptance

• Users refusing the new terms may lose access without refund

17. Complaints & Support

• Complaints can be submitted via the "Support" section in the app or via email: [email protected]

• A confirmation of receipt is always provided

• Response time: within 30 business days

• Mediation through a certified third party is available if needed

18. Governing Law & Jurisdiction

• These Terms are governed by French law

• In case of unresolved disputes, the courts of Marseille have exclusive jurisdiction