AFRICAB, a limited liability company (Société A Responsabilité Limitée) with capital of 1,000,000 CFA Francs, with registered offices at Rue des foreurs, Zone 3, Abidjan, Côte d’Ivoire 18 BP 105, registered on the trade registry (Registre du Commerce et du Crédit Mobilier) under number CI-ABJ-2015-B-12314, hereafter referred to as “the Company”, provides a transport service by vehicles with driver, operating by booking only, whether immediate or in advance, hereafter referred to as “the Service”.
The present general terms form the contract by which the Company proposes and provides the Service and apply to vehicle bookings made by the Customer with the Company by phone, internet via the website www.afri-cab.com, mobile phone or by using any software provided by the Company for the purposes of using the Service.
By using the Service, the Customer recognises and accepts all of the conditions in the present general terms.
1 – Purpose of service
The Company provides a transport service and provides its Customers with vehicles with drivers.
The service provided by the Company consists of finding, for the Customer, a car with driver available in the area of the request according to the information provided by the Customer.
2 – Access to the Service
Access to the Service requires the creation of an account by the Customer via the medium used to make a booking (phone, website or smartphone apps). This account creation takes place at the time of the first booking. As regards bookings made by phone only, creation of an account is limited to the Customer providing his/her address and telephone number.
The procedures for access to the Service may be changed by the Company, which shall inform the Customer without delay by publication on http://www.afri-cab.com
When creating an account, the Customer provides his/her forename and surname, phone number and required pick-up address. The Customer gives an email address and chooses a confidential password. These login details are personal and confidential and must not be disclosed to third parties. The Customer alone is responsible for the confidentiality and use of his or her login details in all circumstances. The Customer shall not grant access thereto to anyone whatsoever. Furthermore, the Customer shall ensure that no fraud has been, is being or will be committed using his or her login details. If in doubt, the Customer shall immediately change said details.
The Customer may change the settings of his or her account and the initial pick-up address in his or her personal space on afri-cab.com.
The Customer may register a credit card to pay for the Services ordered online and any charges that may be owed under the terms of article 3 hereafter, or to benefit from specific services. The Customer shall vouch for the truthfulness and accuracy of the information provided to the Company.
As the Customer must identify him or herself using his or her login name and password to gain access to the service, any Booking made from the Customer’s account is considered as made by the Customer. Consequently, the price corresponding to the booking shall be debited from his or her bank account according to the pricing arrangements described in articles 3 & 4, if a credit card is selected as means of payment.
The Customer is informed that most of the vehicles proposed are different models (city car – sedan – 4X4 SUV – mini-van).
The Service is open 24/7, by booking only, whether in advance or immediately.
Ordering a ride requires the Customer’s prior acceptance of the present general terms.
The general terms are available in the smartphone applications and on the website http://www.afri-cab.com. They can also be obtained by a written request by post to the Company’s head office at Rue des foreurs, Zone 3, Abidjan Côte d’Ivoire 18 BP 105 or by email to email@example.com.
As part of the account creation process, the Customer, after reading the present general terms, must accept them by validating his or her acceptance in the applications or on the website: Menu: “general terms: I accept the general terms”.
The account is then validated and the Customer may access the available vehicle search service.
The Customer acknowledged that he or she has read the present general terms when creating his r her account and has accepted them without reservation or restriction prior to any order, particularly a booking via the Company’s call centre.
2.1 Immediate booking
After specifying an immediate request, the Customer indicates the details of the journey, including the departure point, the final destination and any stops on the way, as well as the forename and surname of the passenger to be picked up for the ride (hereafter the “Passenger”).
Upon receiving the request, the Company looks for available vehicles in the required sector. If one is available, the Company gives the Customer an estimate for the waiting time until the vehicle arrives at the indicated point of departure and for the cost of the requested ride. Taking that information into account, the Customer can either confirm or cancel the request.
In the event that the booking is made by phone and/or the Customer is awaiting confirmation and hangs up for any reason whatsoever before the vehicle is confirmed, the request is automatically cancelled. Failing that, the booking is confirmed orally ad an estimated arrival time is announced.
Once the booking is validated, the Customer is given a booking number. This number must be kept and provided to the Company for any change or cancellation of the request.
The Customer is informed by text message that the booking is confirmed, then by another text message that a car has been allocated – “your driver is on the way” – and by a final text message when the vehicle has arrived at the point of departure.
2.2 Advance booking
The Customer may order a vehicle from the Company before the required date and time of departure for the ride. This may be done from 30 days to 50 minutes before the planned departure date. The Customer indicates the date, time and place of departure, any stops on the way and the final destination, any specificities (planned waiting time, any additional details for the pick-up location, etc.), and the Passenger’s forename and surname.
Depending on the number of bookings already recorded at the chosen date and time, the Company reserves the right to refuse bookings.
The Company records the booking and takes into account the search for a vehicle, without however booking a vehicle immediately at the time of the booking. The search for a vehicle is made during the hour prior to the planned departure time, according to the departure location and traffic conditions.
In the event of difficulties in finding an available car, particularly in the case of deteriorated traffic conditions or events that significantly disrupt vehicle availability or mobility, the Company reserves the right to contact the Customer thirty minutes before the planned time to inform him or her of progress on finding a vehicle.
At this opportunity, the Company will ask the Customer whether he or she wishes to maintain the vehicle search request or call it off in order to make other arrangements.
In this case, if the Customer decides to call off the search for an available car, the Company shall refund any advance booking costs as mentioned in articles 2.7 and 4 that the Customer may have paid.
2.3 Booking cancellation
In the event of an advance request, the booking may be cancelled by the Customer at no charge before receiving the confirmation that the “driver is on the way” (as proven by the sending of the text message).
After that time, cancellation charges shall be 50% of the amount given in the booking confirmation and are to be paid directly to the driver.
Any advance request charges as mentioned in article 2.7 are also owed. In the event that the Customer has not registered his or her credit card, an additional charge will be calculated on his or her next booking or ride in order to pay for the cancellation of the previous ride.
2.4 Booking a ride from an airport
When booking, the Customer shall specify the airport, date of ride, flight number and expected arrival time.
The planned landing time as well as the arrival terminal, which may be changed by flight conditions and airport authorities, may be entered but are not contractual.
The Company shall not be liable in the event of inaccurate information given by the Customer (incomplete flight number, wrong date) or in the event of incorrect information on the flight indicated for the ride that may be provided by the relevant airport’s information service.
2.5 Booking by telephone
The telephone booking service is open 24/7 via a call to a local landline number (cost of call 150 F CFA/minute).
The booking is payable by credit card when making the call, or by any other means of payment set up by the Company.
2.6 Online booking (website, mobile internet, Africab app)
The Customer may make an online booking, via www.afri-cab.com, mobile internet or the Company’s own apps (hereafter “Online Booking”).
If the means of payment chosen for the Online Booking is a credit card, upon validation of the order it immediately leads to a debit from the credit card registered by the Customer when making the booking. No charges are made by the Company in addition to on the price of the ride, apart from any charge owed with respect to the time spent by the driver waiting for the Passenger at the departure point or when making a stop.
2.7 Changing or cancelling a booking
The Customer may cancel the booking made by phone, online via the website www.afri-cab.com or through an app (iOS or Android) provided by the Company.
2.7.1 Booking a ride “as soon as possible”
When a ride is ordered “as soon as possible”, any cancellation or change to the pick-up time or place is free if it occurs less than 5 minutes after booking is confirmed (as proven by the sending of the text message).
Any cancellation after 5 minutes is billed to the Customer at 50% of the amount of the ride.
If the cancellation is made 20 minutes after confirming the booking in areas outside Abidjan, the amount of the ride is billed in full with a minimum of 10,000 FCFA.
Any change to the initial estimate for the ride (e.g. waiting, parking, additional stop, change of destination address) shall lead to additional charges included in the final bill. For every change, the Customer is invited to ask the driver to state the price of that change before confirming.
2.7.2 Advance booking
An “advance booking” corresponds to a ride for which the Customer sets the time when making the booking.
For an advance booking, a change to the pick-up time or location or the cancellation of the ride is free until the driver is allocated (as proven by the call stating “your cab is on the way”).
Once the driver has been allocated, any cancellation is billed to the Customer at 50% of the amount of the ride.
If the cancellation is made more than 20 minutes after the driver is allocated in areas outside Abidjan, the amount of the ride is billed in full with a minimum of 10,000 FCFA.
Any change to the initial estimate for the ride (e.g. waiting, parking, additional stop, change of destination address) shall lead to additional charges to be included in the final bill. For every change, the Customer is invited to ask the driver to state the price of that change before confirming.
3.1. By credit card
A bank debit is pre-authorised on the credit card when the ride is booked to check that the charge card is valid and the account is solvent.
The final amount of the ride only is debited following the ride upon billing. Payment of the Services proposed by the Company takes place at the end of the ride. For rides below 30,000 FCFA, the amount of the pre-authorisation is the price of the course plus an additional 10%.
For rides equal to or greater than 30,000 FCFA, the amount of the pre-authorisation is the price of the course plus an additional 20%.
Any increases are applied to secure the payment of any changes to the initial booking (e.g. waiting, parking, additional stop, change of destination address) during the ride.
During the ride, for every change the Customer is invited to ask the driver to state the price of that change before confirming.
Payment is made by secure electronic payment by bank card via the system developed by the company Checkout, which makes secure transactions possible according to bank security standards, with an encryption system. Under the secure system the bank details (bank card number, expiry date, etc.) provided by the Customer cannot be intercepted by a third party.
By providing his or her bank details, the Customer accepts in advance and unreservedly that the Company carries out the secure transaction. The Customer, therefore, authorises in advance his or her bank to debit his or her account according to the recordings or statements provided by the Company.
3.2. In cash
To pick up Customers that only have physical money as a means of payment (CFA francs), “special” registration will be asked in order to have control over their future actions.
Late cancellations or other inconveniences for our company will be “penalised” financially or by other means.
The Passenger receives a text message confirming the vehicle’s arrival at the departure point. The Passenger must introduce him or herself to the driver as soon as the vehicle arrives at the departure point for an immediate booking or at the agreed time for an advance booking.
In the event that the Passenger is absent, the driver’s waiting time is not billed during the first 5 minutes following the vehicle’s arrival at the departure point.
After 5 minutes’ waiting, waiting time is billed at 200 F CFA per minute, from the 5th minute of waiting.
5 OBLIGATIONS AND LIABILITY
The Service offered by the Company consists of searching for an available vehicle that meets the Customer’s request. The Company therefore undertakes solely to make its best efforts in order to find an available vehicle for the Customer without delay and thus transport the Customer from one point to another, after the Customer has accepted the pricing and general terms.
The Company is guaranteed by an insurance company that is known to be solvent, which covers risks with respect to its activity in accordance with current legislation.
Passengers are considered as third parties with respect to the Driver and are covered for any bodily harm or any tangible or intangible damage that they may undergo as a result of a traffic accident, for up to 500,000,000 FCFA for bodily harm, from getting in the Vehicle to getting out of it, except for any harm or damage caused by their fault.
5.2 Availability of service
The Company takes every step to make its online booking service available at virtually all times. However, the Company may be led to interrupt its services for reasons inherent in its operating and maintenance constraints.
The Company cannot guarantee the Service’s constant availability, particularly for the online portal and the text message service. In particular the Company shall not be liable in the event of unavailability of the mobile phone network or Internet, or the functioning of the Customer or Passenger’s mobile device. The Company shall not be liable for such equipment malfunctions or non-availability, unless they result from gross negligence or wilful misconduct by the Company.
In addition, access to the Service depends on the Customer’s use of sufficient and suitable computing resources, particularly an Internet connection, suitable browser and compatible telephone/smartphone. The Company may provide the Customer on request with advice on optimising access.
5.3 Availability of vehicle, transport
The Company shall not be liable if no vehicle is available.
However, if the booked vehicle cannot be made available within 30 minutes of the Customer’s booking, the Company shall refund to the Customer the full price of the ride if it was paid when booking.
The Company shall not be liable in the event of force majeure (external, irresistible and unforeseeable event), particularly in the following cases: telecommunication network (internet, telephone etc.) failure or malfunction preventing the availability of the online or telephone booking service, unusual traffic disruptions (demonstrations, bad weather, traffic accident, etc.).
The Company uses Drivers that come under the structure to transport passengers and is fully liable for the performance of the transport service.
The Company and the Driver shall not be liable if the Passenger must be accompanied and the accompanying person is absent, if the vehicle cannot park in compliance with traffic law near the departure point in order to pick up the Passenger, or if for any reason out of the Driver’s control he or she cannot pick up the Passenger.
The Driver of the vehicle and the Passenger, from getting into the vehicle to getting out of it, are liable for the performance of the transport service, which is also under the control of our Company.
The Passenger shall be liable for any request that he or she may make to the Driver for special help that goes beyond the Passenger transport service, in the event of any accident or damage that occurs during such help.
5.4 Journey time
The estimates of journey times given by the Company to the Customer when booking are for guidance only. The Company shall under no circumstances be liable for these journey times, which are calculated from an estimated standard time and are not contractual.
In the event of a journey of special importance to the Customer or the Passenger, and/or subject to time constraints, the Customer should, out of caution, allow enough time in order to overcome any difficulty relating to traffic or any other incident.
In particular, the Company recommends that the Customer out of caution allows an additional 30 minutes for journeys to the airport in normal traffic conditions. The Company shall not be liable for the consequences of traffic conditions.
5.5 Customer’s liability
The Customer shall behave with due care on board the vehicle.
In the event of any damage to equipment or the vehicle by the Customer, the Company shall bill him or her for the cost of repairing the vehicle or changing the equipment.
Seatbelts must be worn by Drivers and by Passengers in the front seats of the vehicle.
According to current regulatory provisions in Côte d’Ivoire under decree 81-161 of March 4th, 1981 failure to wear a seatbelt gives rise to a fine in the event of control by law enforcement.
If the Customer is forced to interrupt his or her ride, he or she shall still owe the Company the amount thereof.
The Company shall not be liable with respect to the person of the customer or to his or her profession, relations, convictions or other elements specific to said individual.
For safety reasons, Passengers in the rear seats are recommended to wear a seatbelt. It is forbidden to smoke or carry inflammable, explosive, corrosive or toxic materials or any materials of which transport is prohibited. The Customer is liable for any failure to comply with this requirement. The Company then reserves the right to take any legal action.
Luggage should be placed in the boot of the vehicle. The Customer remains fully responsible for all luggage. No luggage can be entrusted to the Driver. The Driver may refuse luggage of excessive weight or size or which he or she judges detrimental to the safety of the journey or the vehicle.
Small pets are allowed in our vehicles, subject to a price increase. Live poultry and cattle are not allowed in any of our vehicles.
The Company shall not be liable for the contents of luggage.
5.6 Restriction of access to the Service
The Company may restrict any Customer’s access to the Service, without notice, particularly in, but not limited to, the following cases:
- failure by the Customer to meet his or her obligations;
- inappropriate behaviour by the Customer or any individuals accompanying him or her on board the vehicles;
- failure by the Customer to pay the sums owed with respect to rides already completed or cancelled after the vehicle’s arrival;
- cancellation of a Booking by the Customer after allocation of a car 3 times during a period of 1 month.
6 COMPUTING AND PERSONAL DATA
6.1 Personal data
The information collected by the Company with respect to the Service is processed by computer in order to implement said Service, including the Customer’s login details as well as information on the transport services booked and performed. The Company needs this data to handle bookings. It is recorded in the Company’s Customer files in particular.
In order to optimise the efficiency of booking management, the Company reserves the right to record and keep information on the calls received by its call centre.
The Company shall keep all personal data provided by the Customer confidential.
The Customer is informed that the Company may use his or her personal data to send the Customer commercial offers that are likely to interest him or her.
The Customer agrees from the registration of his or her email address to receive any newsletters put out by the Company. If the Customer no longer wishes to receive said newsletter, he or she may unsubscribe at any time by clicking the link provided for that purpose at the bottom of each newsletter sent or by sending a written request to the addresses given below.
The Customer has the right to access, change, correct and delete personal data concerning him or her.
The Customer should send any request to:
- by post: Rue des foreurs, Zone 3, Abidjan Côte d’Ivoire, 18 BP 105
- by email: firstname.lastname@example.org
The Company may be led to set up cookie-type computer tools to identify visitors during their online session. This cookie remains active until the visitor leaves the session.
The Customer is informed of the existence of this temporary cookie and is informed that he or she may oppose its installation by adjusting his or her browser settings accordingly.
7 INTELLECTUAL PROPERTY
The Company and its partners are the exclusive holders of all intellectual property rights worldwide concerning the structure and content of the website www.afri-cab.com and the related apps (graphics, images, texts, logos, databases, programs, software).
The trademarks and logos on the website www.afri-cab.com and the apps are the exclusive property of the Company, except for the trademarks and logos of the Company’s partners.
Any redistribution, reproduction or marketing of the content, in whole or part and in any form whatsoever, is strictly prohibited.
The Company reserves the right to amend the present General Terms without notice.
9 APPLICABLE LAW – JURISDICTION
The present General Terms are subject to the laws and regulations of Côte d’Ivoire.
In the event of any difficulty in interpreting or executing the present General Terms, or any difficulty in executing and performing any of the services ordered online, the competent courts of Côte d’Ivoire shall have sole jurisdiction for a lawsuit between professionals, failing an amicable agreement.