Hera13 Transport
Last updated: May 2025
These Terms and Conditions of Use are published and made available online by HERA 13, a French limited liability company (SARL) with capital of €1,000.00, registered with the Marseille Trade and Companies Register under number 938 563 475, whose registered office is located at 55 rue Grignan – 13006 MARSEILLE, represented by its Managing Director in that capacity at said registered office. (Hereinafter "HERA 13")
HERA 13 is a company specializing in connecting drivers and passengers for transport purposes, founded by women and for women.
These Terms and Conditions of Use are intended to provide a legal framework for the relationship between Drivers and HERA 13.
These Terms govern access to and use of the Application by an individual or legal entity who registers in order to access transport-provision services on her own behalf, on a professional basis, through the matching Application developed and published by HERA 13.
The Driver has the right to refuse service to a Rider or Passenger who is unable to prove that she is at least 18 years old.
In addition, access to and use of the Application are intended to connect a female audience with a focus on safety and well-being. HERA 13's approach is taken solely to preserve a legitimate objective of ensuring the safety of Riders. Indeed, the use of and access to the Application form part of efforts to prevent inappropriate, sexist or dangerous behavior and any resulting violence against women in the context of travel carried out using various transport solutions.
Any use of the Application in violation of the above requirements may result in the suspension or deletion of the Account concerned, in accordance with Article 4.3 below.
These Terms will be accessible at all times from the Application and HERA 13's website. They will prevail, where applicable, over any other contradictory document.
By creating her Account under the conditions set out in Article 4 below, the Driver acknowledges that she has fully read these Terms and has accepted them in full and without reservation. If the Driver does not accept these Terms and Conditions of Use, she will not be able to access the Application or use the services offered therein.
HERA 13 reserves the right to periodically amend the Terms, in particular to adapt them to changes in the services offered by the Application or to legislative changes. In the event of an amendment to the Terms, the Driver will receive a notification upon logging into her Account.
If the Driver refuses to accept the proposed amendments, she will no longer be able to benefit from the services provided by the Application. Any use of the Application following notification of an amendment to the Terms automatically constitutes acceptance of such amendments.
Acceptance of these Terms constitutes express acknowledgment by the Driver that information extracted from the Application, in particular regarding the initial acceptance of these Terms and the notification and acceptance of subsequent versions, shall be conclusive evidence between the Parties and shall be fully enforceable.
HERA 13 reserves the right to implement reasonable measures to verify compliance with the access conditions set out above, in accordance with applicable regulations and legislation, without such measures being permitted to infringe on the persons subject to them, for any reason whatsoever.
These Terms apply for the entire period during which the Driver's Account remains valid.
The Terms apply for an indefinite period corresponding to the duration of the Account created by the Driver for use of the application made available online by HERA 13.
The Terms take effect from the Driver's acceptance of them, as evidenced by checking the box "I have read and accept the Terms and Conditions" when creating her Account.
The Driver may delete the account created for use of the Application under the conditions set out in Article 4.3 below.
The Application can be downloaded from the App Store.
It is specified at the outset that a Driver, as defined above, has professional status, meaning an individual acting in the course of a commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of a third party who is likewise a professional.
When a Driver wishes to create an Account in order to provide transport services through the Application, she will submit an account creation request to the following email address: [email protected]
The Driver must then provide all valid documents required by applicable regulations. The documents to be provided for account creation are as follows: a valid driving licence required to drive the vehicle used; proof of insurance for the vehicle used; a copy of the registration certificate for the vehicle used, in the name of the Driver initiating the account creation; a copy of the professional VTC (private hire) card; proof of registration in the VTC register; proof of the professional liability insurance required for the professional activity in question; proof of business insurance (operational liability); a valid identity document — verification of which is carried out by our provider Didit, acting as a data processor within the meaning of the GDPR; a medical examination certificate for the VTC card; a driving record extract (RIR); where applicable, a company registration extract (Kbis) showing the Driver, dated less than six (6) months prior; and the vehicle sticker (macaron).
Once HERA 13 has positively assessed the validity of all of the above documents, the Driver may then proceed to finalize her account.
The Driver undertakes to keep the documents listed above valid throughout the period during which she uses her Account on the Application, and undertakes to inform HERA 13 without delay if any of these documents becomes invalid, so that her Account can be suspended in order to comply with applicable regulations.
When finalizing her Account, the Driver must provide the following information: Last name; First name; Date of birth; Phone number; Email address.
In this regard, the Driver guarantees that the information provided is accurate and undertakes to update her account in the event of any change.
It is further specified that the Account may only be used by the Driver. The Driver acknowledges in this regard that the Account covered by these Terms is strictly personal to her and may under no circumstances be rented out, lent, assigned or made available, whether free of charge or for payment, for any reason whatsoever, to the benefit of any other person.
The Driver undertakes to promptly update the information she has provided in the event of any change, in particular in the event of a change of phone number or email address, and more generally any change relating to her driving licence, vehicle licences, addresses, or information relating to any business or tax status she may have.
HERA 13 reserves the right to require any information enabling it to verify that the Driver is carrying out her professional activity through the Application in accordance with applicable legislation and regulations.
Upon first use of the Account, a six (6)-digit code will be sent by text message to the Driver. This code will be used to finalize the creation of the Account by the Driver by following the validation procedure detailed in that text message.
Access to the Application requires that the Driver have access to an internet connection. HERA 13 shall not bear any costs related to such access.
Access to the Application will allow: searching for Passengers/Riders near a pickup location; estimating the fare for a ride using the transport service marketed by HERA 13; connecting with a nearby Passenger/Rider for the purpose of completing a ride; accessing her Account to view previous rides, previous Passengers/Riders, reviews left and/or received, as well as invoices; and accessing the history of rides completed.
The Driver acknowledges being informed that use of the Application allows a contract to be formed between herself and the Rider upon her acceptance. Accordingly, HERA 13 is in no way a party to the transport contract, as HERA 13 acts solely as a booking platform and not as a carrier or transport broker.
Drivers accept that all transport services they offer on the HERA 13 Application are provided by them as independent professional providers, such that they act neither as employees of HERA 13 or any of its subsidiaries, existing or otherwise, nor as direct or indirect partners of the HERA 13 company mentioned in the preamble.
It is further specified that, by accepting these Terms, the Driver consents to receive commercial communications from HERA 13.
A breach by a Driver of any of the obligations set out in these Terms may result, at HERA 13's discretion, in the suspension or closure of the Driver's Account.
In the event of suspension or closure of the Account, HERA 13 will notify the Driver of such suspension or closure by email to the email address provided when the Account was created. This email will state the reason(s) for the suspension or closure of the Account and, in the case of a simple suspension, its duration.
While the Account is suspended, the Driver will be unable to access or use the Application for the entire duration of the suspension.
Suspension of the Account may lead to its deletion where: serious and/or repeated breaches of these Terms by the Driver are found; or the Account has been suspended on multiple occasions during the past year.
In any event, HERA 13 reserves the right to suspend and/or delete the account of a Driver who is no longer legally authorized to provide or perform the transport services covered by the matching service provided through the Application, or if HERA 13 is no longer able to verify whether the Driver still has the ability to provide transport services in compliance with applicable regulations.
Once the Account has been deleted, the Driver will no longer be able to access or use the Application and will not be able to recreate a new Account. This permanent deletion will be evidenced by an email sent to the email address provided when the Account was created.
This email will contain the reasons justifying the deletion of the Account and will include the available means of appeal to challenge the deletion decision. It is further specified that such appeals must be exercised within three (3) months of receipt of the email confirming deletion of the Account.
If the Driver whose account has been deleted exercises a right of appeal, HERA 13 will in turn have a period of three (3) months to reconsider or confirm its decision, giving reasons for that decision.
It is understood that the Driver has the right to refer the matter to an out-of-court dispute resolution body.
In addition, the Driver retains the right to request deletion of her Account at any time by making a request to the following email address: [email protected], or via the support contact directly integrated into the Application.
In such a case, HERA 13 will proceed without delay to delete the Driver's Account. HERA 13 may nevertheless retain all data relating to that account for a period of three (3) years from the date of the deletion request. At the end of this three (3)-year period, HERA 13 will delete all data relating to that account.
Such deletion automatically terminates these Terms.
The matching service offered on the application made available online by HERA 13 is charged to the Driver by means of a commission deducted from each ride completed by the Driver (hereinafter "the Commission").
This Commission deducted by HERA 13 corresponds to seventeen percent (17%) of the final fare, inclusive of all taxes, received by the Driver in connection with the provision of the Application's matching service.
The Driver is informed of, and accepts, HERA 13's freedom to offer promotional deals and price reductions.
For services paid in cash by the Rider or Passenger, the Driver will declare on the Application that she was paid in cash for her service, and the commission will be added to the amount deducted under the conditions below.
HERA 13 will pay the Driver the amounts corresponding to the various transport services completed each month on a fixed date (by default the 5th of each month), after deduction of the Commissions referred to above. Payments are made via our secure payment provider Stripe (Stripe Payments Europe, Limited).
The Driver guarantees that she holds the necessary authorizations to use the payment methods implemented by HERA 13, which shall under no circumstances be held liable for malfunctions or additional fees generated by the payment solutions relating to the Application.
In any event, and within the framework of applicable regulations, except in cases of fraud by a Driver, a Driver with independent driver status will receive, for each transport service, the minimum activity income applicable in this field, corresponding to the final ride fare after deduction of the Commission, namely the sum of thirty (30) euros per hour of activity, an amount calculated monthly.
In addition, a Driver may not receive an amount lower than one (1) euro per kilometer of the estimated ride, and may not receive an amount lower than nine (9) euros per ride.
It should be noted that a ride's duration begins upon acceptance of the transport request and ends at the conclusion of the ride when the Rider or Passenger exits the Driver's vehicle.
In the case of a scheduled booking, ride time will be increased by 15%, without exceeding 5 minutes.
Finally, in the event of wrongful non-payment or default of payment of the Commissions, HERA 13 reserves the right to: suspend or delete the Driver's Account under the conditions set out in Article 4.3 above; and charge, for its own benefit, the statutory fixed collection compensation as well as late payment interest corresponding to three times the applicable statutory interest rate, plus VAT, all without prejudice to any judicial or extrajudicial action for damages and recovery of additional compensation if collection costs remain higher than those listed above.
As part of a transport request, the Application will provide an estimate or a range of estimates for the fare that will be charged for the ride, taking into account any toll charges for the planned route, as well as an estimated vehicle arrival time.
The Driver may under no circumstances alter the fare amount proposed by the Application to the Rider.
Estimates are provided for informational purposes only, such that the actual fare and arrival time may change, for example if the Rider changes destination during the ride, or if the ride takes longer than expected due to traffic or weather conditions.
The actual fare payable to the Driver will be calculated in accordance with the financial terms set out on the Application's booking portal and will be communicated at the end of the ride within the Application, along with the invoice the Rider will receive after each ride.
The Rider may pay for transport services offered by the Application by mobile payment, by bank card registered on the Application, or in cash directly to the Driver, in accordance with the fare shown on the booking portal. Online payments are processed securely by Stripe (Stripe Payments Europe, Limited), in compliance with PCI-DSS standards.
When payment is made directly through the application, HERA 13 will act as the Drivers' agent. Drivers thereby authorize HERA 13 to issue invoices in their name and on their behalf, and to collect and transfer payments from Riders received by HERA 13 on behalf of Drivers.
The Rider's obligation toward the Driver will only be discharged once the payment order for the transfer of funds to HERA 13's bank account has been received. It is therefore the Rider's responsibility to ensure that payment is actually made and that the debited bank account has sufficient funds.
HERA 13 shall under no circumstances be held liable for any additional payment fees generated by third parties. HERA 13 disclaims all liability for such additional fees generated by external service providers with which HERA 13 has no connection.
The Rider and/or Passenger is free to tip the Driver using any of the payment methods accepted under these Terms. HERA 13 will not retain any commission on tips, which will be paid to the Driver in full. HERA 13 nevertheless reserves the right to withhold a tip if it is suspected of being fraudulent, illegal, or non-compliant with these Terms.
The Agreement grants the Driver no intellectual or industrial property rights whatsoever in the Application, its documentation or, more generally, any element used by HERA 13 in connection with its business under these Terms and Conditions.
The Application remains the exclusive and entire property of HERA 13, which develops and publishes it.
As such, HERA 13 expressly reserves the exclusive right to make changes to the Application, at its discretion, in order to maintain it.
The Driver is strictly prohibited from translating, decompiling, altering, adapting, arranging, modifying or exporting the Application, or merging it with other computer applications or software.
The Driver acknowledges that she is fully and jointly liable in the event that any of the acts described above are committed by third parties who gained access to the Application through her.
Updates, as well as all documents, studies, and graphic, visual or audio works developed during the creation process, are likewise subject to the provisions of this article and remain the entire property of HERA 13.
The Driver expressly agrees not to claim any right whatsoever over the aforementioned rights, and not to challenge their validity.
The Driver's compliance with these Terms grants her a license to use the Application that is personal to her, non-exclusive, non-transferable for any reason whatsoever, and free of charge, enabling her to use the Application in accordance with these Terms.
This license is revocable at any time in the event of a breach of these Terms by the Driver.
In particular, the Driver is prohibited from:
This license is granted for the legal term of protection of the application under the intellectual property rights protecting the Application.
In the event of deletion of the Account, for any reason whatsoever, the license to use granted under these Terms will also terminate irrevocably.
As part of the use of the Application, HERA 13 will process personal data concerning Drivers. This data will have been provided directly by the Driver when creating her Account.
The personal data concerned will in particular include Drivers' last names, first names, email addresses, phone numbers, and copies of official documents relating to the Driver's professional activity.
With regard to the collection, processing and communication of personal data, HERA 13 undertakes to comply with applicable laws and regulations, in particular the provisions of Law No. 78-17 of January 6, 1978 on data processing, files and freedoms, as well as the provisions of Regulation (EU) 2016/679 of April 27, 2016, known as the "GDPR".
HERA 13 undertakes in particular to:
This data is necessary for the normal operation of the Application.
The Driver has the right to access, rectify, erase and port her data. She also has the right to object to or restrict the processing of her data and the right to provide instructions regarding the fate of her data after her death.
These rights may be exercised at any time by contacting HERA 13 at the following address: [email protected], or via the support contact directly integrated into the Application.
HERA 13 may, if it deems it necessary, verify the identity of the person concerned by requesting a signed copy of a valid identity document. These rights also include the right to lodge a complaint with the CNIL (https://www.cnil.fr).
Data provided by the Driver is kept in active storage for the duration of these Terms, and is then archived for a period of five (5) years from the end of the contractual relationship, for evidentiary purposes, unless a different statutory retention period applies.
When a transport request is made by a Rider through the Application, it will connect the Rider with a Driver, who will be notified of the request through her application. The Rider then undertakes to enter into a contract directly with the Driver, who is free to accept or decline the contract, without HERA 13 being a party to it, insofar as HERA 13 acts solely as a booking and matching platform.
This transport request may be cancelled as long as it has not been accepted by a Driver. Once a Driver has accepted the transport request, the contract is formed and the Rider may not withdraw from it, as she does not benefit from any right of withdrawal, in accordance with Article L.221-28 of the French Consumer Code.
If the Rider cancels her ride via the Application after it has been accepted by a Driver and beyond the tolerance period expressly stated on the Application's booking portal, cancellation fees will be due. These cancellation fees will be indicated on the booking portal at the time of the transport request and the cancellation request.
When a Driver arrives at the pickup location, her arrival will be notified to the Rider via the Application. The Rider will have five (5) minutes to reach the vehicle present at the pickup location. If the Rider or Passenger does not show up within this time, the Driver is free to cancel the request; cancellation fees may then be applied to the Rider.
In any event, pickup of a Rider or Passenger may be cancelled at the Driver's discretion in the following cases: the Rider/Passenger is intoxicated; the Rider/Passenger does not show up; an animal not accepted by the Driver is present; the Driver believes she is in danger or that her safety is not guaranteed; the number of passengers exceeds the vehicle's capacity; luggage or equipment cannot be transported due to the size of the vehicle; the passenger is a minor and is unaccompanied; equipment required by applicable regulations for transporting children is missing; or in the event of force majeure or for any reason justified by applicable regulations.
Under no circumstances, and for any reason whatsoever, may HERA 13 be held liable for a cancellation by a Driver or a Rider.
Even where the Driver is aware of the fare indicated for a ride, the Driver remains free to cancel that ride if she considers that it does not offer satisfactory profitability. Such a cancellation decision will not give rise to any compensation for the Rider or Passenger, who will be informed by a notification received on the Application.
If, during a ride booked through the Application, a Rider causes damage to the Driver's vehicle or to any movable property that may be inside that vehicle, the Driver is entitled to seek compensation for damage caused during the ride carried out through the Platform.
HERA 13 may under no circumstances be held liable for Riders' conduct, which may give rise to cancellation or compensation under the conditions set out in Article 9.1 above.
As a reminder, HERA 13 is merely a provider of matching services and does not provide transport services within the meaning of applicable French law, and is therefore not a party to the transport contract entered into directly between the Rider and the Driver.
HERA 13 nevertheless undertakes to be jointly liable with the Driver for the proper performance of the obligations arising from the transport contract, under the conditions set out in Title IV of the French Transport Code relating to intermediary transport-matching activities.
HERA 13 shall under no circumstances be held liable in cases where the non-performance or improper performance of the contract is attributable to the Driver and/or the Rider, to an unforeseeable and insurmountable act of a third party unrelated to the provision of the transport service, or to a case of force majeure.
More generally, HERA 13 shall under no circumstances be liable for: the acts of third parties; a case of force majeure as defined by French law and case law; abnormal, unlawful or fraudulent use of the Application by the Driver; a malfunction relating to internet access; or a decision by the authorities.
HERA 13 further reserves the right to suspend access to the application, for a reasonable period, for maintenance or development purposes. Unavailability of the application for technical reasons shall under no circumstances give rise to liability on the part of HERA 13.
HERA 13 must respond promptly to notifications of illegal content in accordance with the obligations to which it is subject, in particular under Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC.
In the event of a report of illegal content, HERA 13 may suspend or delete the content in question and/or the Account of the Rider and/or Driver responsible for that illegal content, under the conditions set out in Article 4.3 above.
As a service provider, the Driver enjoys the fullest independence in organizing her business and its legal structure. She alone will determine her working methods and the hours during which she wishes to pick up Riders on the Platform.
As HERA 13 is in no way a party to the contract entered into between the Driver and the Rider, insofar as HERA 13 merely offers a matching service by means of the Application, the Driver will be solely responsible for making all declarations necessary for carrying out her business and will bear all costs arising from it, personally paying the social security contributions and taxes owed by her business.
Similarly, the Driver will be solely responsible for complying with all legislation/regulations concerning the conduct of her business and its compliance with these Terms.
Under these Terms and Conditions, the Client benefits from a right to use the Application that is personal, non-exclusive and non-transferable.
Assignment, rental or making available to a third party of all or part of the Application by the Client is strictly and formally prohibited.
If either Party fails to exercise any of its rights under this Agreement, this shall not prevent it from exercising that right at a later date and shall under no circumstances be considered a waiver of that right or of any other right it holds under this Agreement.
If any provision of this agreement is deemed unlawful, invalid or unenforceable, the remaining provisions shall nevertheless remain valid and applicable.
The validity, interpretation and performance of the Agreement are governed by French law.
This applies to both substantive and procedural rules, notwithstanding the place of performance of the substantial or ancillary obligations.
Exclusive jurisdiction is granted to the courts with material jurisdiction within the territorial jurisdiction of the Aix-en-Provence Court of Appeal for any matter relating to the validity, interpretation, performance or non-performance of the Agreement, notwithstanding multiple defendants or third-party proceedings, including for urgent proceedings or protective proceedings, whether by interim relief or by petition.
For any questions regarding these Terms and Conditions, please contact us at:
[email protected]