General Terms and Conditions

1. GENERAL - DEFINITIONS

1.1. For the purposes of these Terms and Conditions, the term:

• “Customer” means any natural or legal person having subscribed to a contract/placed an Order with PRESTIGE DRIVER via the “PRESTIGE DRIVER PARTNER” application and/or the website https://www.prestigedriver.be and/or by email (info@prestigedriver.be) and/or by telephone (+32.491.891.089);
• “Services” means all services offered by PRESTIGE DRIVER;
• The “Website” means the site https://www.prestigedriver.be from which the PRESTIGE DRIVER services are available and accessible to Customers;
• The “Application” means the PRESTIGE DRIVER PARTNER mobile application belonging to PRESTIGE DRIVER. The Application runs on the iOS and Android operating systems and can be downloaded free of charge by the Customer on Smartphones and tablets. It allows the Application Customer to be put in contact with the Drivers for the purpose of booking a private passenger transport service;
• The "Order" means the purchase and reservation of the Race by the Customer via the Application and/or the Website and/or by Email and/or by Telephone;
• The “Race” means the transport service requested by the Customer and carried out by PRESTIGE DRIVER and/or its Driver, through the use of the Application or the Website. The Race is always carried out by a Driver;
• The “Driver” refers to PRESTIGE DRIVER drivers and/or service providers with whom PRESTIGE DRIVER has entered into partnership contracts – directly or indirectly or through its subsidiaries. Drivers hold a driving license, a Taxi driver professional competence certificate, a valid professional card and are drivers of a vehicle equipped in accordance with the regulations in force, providing passenger transport services, on their own behalf and under their own responsibility, during their hours of service;
• “the Parties” means the Client and PRESTIGE DRIVER together;

1.2. These General Conditions govern all relations between PRESTIGE DRIVER and the Client. They form an integral part of the contract between the Parties and are applicable to all legal acts relating thereto.

1.3. These General Conditions may only be waived by special agreement signed by an authorized representative of PRESTIGE DRIVER. The circumstance that a special agreement waives one of the provisions of these General Conditions does not exclude the application of the other clauses. The fact that PRESTIGE DRIVER does not implement one or other clause established in its favor in these General Conditions cannot be interpreted as a waiver on its part to rely on it.

1.4. Any order placed with PRESTIGE DRIVER by the Customer implies the Customer's full and unconditional acceptance of these General Terms and Conditions, without any restriction or reservation. The Customer may not, under any circumstances, rely on any general terms and conditions that it has signed with third parties, to which PRESTIGE DRIVER has not been a party and to which it has not expressly agreed.

1.5. If the Customer places an order with PRESTIGE DRIVER by providing incorrect information, PRESTIGE DRIVER remains free to choose whether or not to accept changing the order to a new order, in which case it may request payment from the Customer of the additional sum of €70,00 as administrative costs.

2. SERVICE DESCRIPTION

PRESTIGE DRIVER provides its Clients with a wide range of car rental services with driver for national and international transfers.

PRESTIGE DRIVER offers its Customers Services such as:

• the provision of a reservation platform via its Website, its Application, its Email address and its Telephone number(s);
• support and rapid transfers from and to more than a hundred cities and airports in Belgium (Brussels, Antwerp, Charleroi and Liège airports), the Netherlands, Germany, France;
• 24/24 door-to-door services;
• dispatching;
• VIP transfers;
• group transfers;
• the provision of shuttles with driver for tourist and professional purposes.

All PRESTIGE DRIVER Services are available and accessible on the Website and the Application.

Use of the Services requires compatible hardware and Internet access.

3. CONCLUSION OF CONTRACT

3.1. The contract is validly formed between the Parties when the Order is validated by the Customer.

3.2. The Parties expressly acknowledge that Orders confirmed via telephone calls and/or electronic messages have the same legal value as an Order placed via the Website and/or the Application.

3.3. The Client certifies that all information he provides to PRESTIGE DRIVER is sincere, truthful, accurate and complete and that the communication of this information will not be such as to infringe on the privacy of any other person.

3.4. It is the Customer's sole responsibility to protect the confidentiality of any user name and password that it will be required to use to access the Services.

3.5. In the event of use of the Services, the Client agrees to comply with all applicable laws and regulations in force in this area and (i) undertakes, under penalty of criminal prosecution, not to use the Services for fraudulent or illegal purposes, (ii) refrains from any action which could harm the reputation of PRESTIGE DRIVER.

3.6. PRESTIGE DRIVER reserves the right not to provide the Services to the Client, in particular in the following cases:

a. non-compliance (verbal or non-verbal), by the Customer, with his obligations;
b. inappropriate behavior of the Client and/or his companions on board and outside PRESTIGE DRIVER vehicles;
c. in the event of non-payment, partial payment (SumUp) or in the event of late payment of the Race by the Customer.

PRESTIGE DRIVER may, if necessary, request the services of the law if the Client does not respect its payment commitments to the Drivers.

4. RESERVATIONS – CANCELLATIONS

4.1. Reservations are possible 24 hours a day, 24 days a week via:

• website ;
• the App;
• a phone call to the following numbers: 0032491891089
• a telephone message to the following numbers: 0032491891089

4.2. Reservations must be made at least six hours before the required pickup time.

4.3. Order from an airport

When placing this Order, the Customer must specify the exact name of the airport, the date of the Race, as well as the number of his flight. The expected landing time as well as the arrival terminal, which may be modified by flight conditions and the airport administration, must also be provided to PRESTIGE DRIVER.
PRESTIGE DRIVER cannot be held liable for incorrect information provided by the Customer (incomplete flight number, date error, etc.), nor for incorrect information relating to the reference flight for the Race, transmitted by the information service of the airport concerned. In such cases, the Customer will not be able to claim any reimbursement from PRESTIGE DRIVER.

4.4. Order in advance

The Customer may order a vehicle from PRESTIGE DRIVER before the date and time of departure of the planned Race.

The Customer will indicate, in this case, the date, time, place of departure, any intermediate stages, the final destination, as well as any other particularities of the Race (scheduled waiting time, additional indication for the place of appointments, the number of passengers who will accompany him, etc.).

Depending on the number of Orders already registered on the chosen date and time, PRESTIGE DRIVER reserves the right to refuse additional orders placed in advance, which may, in any event, only be considered validated in the event of:

• confirmation of the Race by PRESTIGE DRIVER;
• payment, by the Customer, of the Race concerned.

4.5. Immediate/Instant/Rush Order

In the event of an Order for an immediate/instantaneous/urgent Race, the Customer will indicate the date, time, place of departure, any intermediate stages, the final destination, as well as any other specifics of the Race (time scheduled waiting time, additional indication for the meeting place, the number of passengers who will accompany him, etc.).

Upon receipt of the Order, PRESTIGE DRIVER will confirm the Order to the Customer based on the availability of its Drivers by sending them an estimate:

• the waiting time for the arrival of the vehicle at the indicated starting point;
• the cost of the journey Ordered.

PRESTIGE DRIVER cannot guarantee to the Client the availability of a Driver or that of a vehicle.

PRESTIGE DRIVER also reserves the right to refuse immediate, instantaneous, urgent Orders, which may, in any event, only be considered validated in the event of:

• confirmation of the Race by PRESTIGE DRIVER;
• payment, by the Customer, of the Race concerned.

If an immediate/instant/urgent Race is confirmed by PRESTIGE DRIVER, the cancellation of this Race by the Customer will cost 100% of the price indicated for this Race.

The immediate/instantaneous/urgent Ride must be paid for in advance by the Customer.

4.6. All reservations will be treated as “reservation requests” until the Customer receives a proper reservation confirmation from PRESTIGE DRIVER.
The Customer is required to carefully check the confirmation of his reservation and to promptly inform PRESTIGE DRIVER of any errors.

4.7. Apart from urgent Orders, the Customer may make changes to his/her booking at any time, up to a maximum of twenty-four hours before the Race departure time. The Customer may notify PRESTIGE DRIVER of his/her change requests either:

• by email to the following address: info@prestigedriver.be;
• by telephone messages on the following numbers: 0032491891089;
• by using the contact form on the Website;
• via the personal space (user account) of its Application.

4.8. Any cancellation of reservation made:

• 24 hours before the Race is free of charge;
• less than 24 hours before the Race will be invoiced at 100% of the estimated price for the Race Ordered.

4.9. In the event that PRESTIGE DRIVER cannot honor a planned and confirmed Order, the sums paid will be fully refunded to the Customer, without recourse and without compensation for any damage suffered.

If a case of force majeure or an external event, beyond the control of PRESTIGE DRIVER, occurs during the execution of its mission, PRESTIGE DRIVER cannot be held responsible in the event of non-execution or delay of this service. Any external, unforeseeable event (complicated traffic conditions, strikes of all kinds, weather conditions, accidents, diversions, various events) as assessed by Belgian case law is considered as such.

4.10. The Customer must, in the context of the reservations that he intends to make, take into account any factor that could have an impact on the timing of the Race (for example, check-in/control time required by his airline). PRESTIGE DRIVER cannot be held responsible for any delay caused by the fault/inattention/negligence of the Customer, in particular in the event of poor timing by the latter to reach his destination or in the event of a delay in his collection by PRESTIGE DRIVER.

4.11. It is up to the Client to specify, at the time of booking, and no later than 24 hours before the Race, if:

• he (or one of his companions) must be transported in a wheelchair;
• a child car seat is required for the Race.

The child car seat will be invoiced to the Customer for the sum of €5,00 and can only be available/requested for a Race in a "van" and not a "sedan" vehicle.

The Customer is nevertheless authorized, by PRESTIGE DRIVER, to use his personal car seat (if he has one) free of charge, even in the case of a Journey in a “saloon” vehicle.

4.12. The Customer is required to book a vehicle size appropriate to the number of passengers and luggage. PRESTIGE DRIVER cannot guarantee the Customer the transport of excessive quantities of passengers/luggage beyond the capacity of its vehicles. All luggage is transported entirely and exclusively at the Customer's risk.

If it turns out that the luggage does not meet the standard sizes, so that it does not fit in the vehicle, the Driver cannot be forced to transport it. In this case, he will be entitled to refuse the Race, and this, without any request for reimbursement being claimed by the Customer.

Any child, regardless of age, is considered a passenger.

It is strictly forbidden to take/put a child/baby on you. A car seat suitable for the age of the child/baby must be provided for the Race.

4.13. PRESTIGE DRIVER is entitled to assume that any person who provides the correct account number and name of the Customer has the authority to make a reservation on behalf of that Customer.

5. PAYMENTS – PRICE

5.1. The Price of the Services are set according to the amounts listed on the Website and the Application.

5.1. All prices and tariffs are expressed in euros (€) and include, unless otherwise specified, value added tax (VAT).

5.2. Payment for the Services offered by PRESTIGE DRIVER is made by secure electronic payment (using a bank card/electronic payment application such as PAYCONIQ, APPLE PAY, PAYPAL, STRIPE, SUMUP, etc.) via the system developed by PRESTIGE DRIVER on its Website and its Application, which allow secure transactions, with an encryption system, in accordance with current banking security standards.

The Customer may also make cash payments directly to PRESTIGE DRIVER Drivers, provided that this payment corresponds, to the nearest cent, to the amount of the Journey.

5.3. The Customer undertakes to make full payment of the Prices set for any Order/Race which has been confirmed/completed by PRESTIGE DRIVER.

5.4. PRESTIGE DRIVER may modify its Prices in the event of significant modification(s), for example:

• of the original route;
• the number of passengers;
• the type/size of vehicle required;
• waiting time.

PRESTIGE DRIVER nevertheless reserves the right to modify its prices at any time, even after confirmation of the Race, and this, in the event of subsequent and significant variations in the prices of fuels (petrol, diesel, LPG, etc.) and any other component influencing its cost price.

PRESTIGE DRIVER also reserves the right to modify, at any time, the prices of its periodic Services when these Services relate to one or more contracts of indefinite duration.

5.5. If, at the request or with the agreement of the Customer, PRESTIGE DRIVER has carried out Races, which fall outside the content or scope of the confirmed Order, the Customer will pay the prices in accordance with PRESTIGE DRIVER's usual rates, unless a fixed price has been expressly agreed between the Parties.

5.6. By providing his/her bank details, the Customer irrevocably and unconditionally accepts that PRESTIGE DRIVER will proceed with the secure transaction. The Customer therefore authorizes PRESTIGE DRIVER to debit his/her account prior to the confirmed Race.

5.7. If the Customer does not show up at the time and place indicated in his Order confirmed by PRESTIGE DRIVER, and without having notified the latter in advance in accordance with the terms specified above, PRESTIGE DRIVER will reserve the right to invoice the Customer for the full Price of the confirmed Race.

PRESTIGE DRIVER also reserves the right to charge the Customer the full Price of the confirmed Journey, and not to issue any refund, if it turns out, after the arrival of its Driver, that:

• the reservation was made for the wrong date;
• the reservation was made by entering incorrect and/or misleading information (such as, in particular, an incorrect location, an incorrect telephone number, an incorrect name, etc.;
• the Customer did not show up at the starting point and/or left it without notifying PRESTIGE DRIVER in accordance with the terms specified above.

5.8. In the event of non-payment, partial payment or late payment of the PRESTIGE DRIVER invoice by the Customer on its due date, fees will be charged, automatically, on all outstanding balances at an interest rate of 10% without prior formal notice, with a minimum of €50,00.

5.9. If a staggered payment agreement or a payment deposit has been granted to the Customer by PRESTIGE DRIVER, but the Customer does not comply with this payment plan, it becomes null and void, PRESTIGE DRIVER reserving the right to immediately demand from the Customer the payment of the entire outstanding balance, also increased by an interest rate of 10% without prior formal notice.

5.10. PRESTIGE DRIVER may suspend its services on behalf of the Client if the latter fails to honor its payment commitments. Such an interruption does not release the Client from compliance with its obligations

6. SUPPORTED

6.1. The Customer must report to the Driver as soon as the vehicle arrives at the starting point at the agreed time and date.

6.2. PRESTIGE DRIVER reserves the right to replace any vehicle or Driver if this becomes necessary, without obligation to inform the Customer in advance.

6.3. The Driver's waiting time is not charged during:

• the first hour following the scheduled airport pick-up time;
• the first 15 minutes after the scheduled pick-up time for all other locations.

Beyond these waiting times offered, the additional wait will be invoiced at the amount of (40 EUR/30 min/van – 30 EUR/30 min/sedan) € VAT included per minute of delay, and this, from the first minute of waiting.

6.4. The Driver will drive the Customer by the most suitable route during the day, unless otherwise specified by the Customer, in which case additional charges may apply.

7. RACE TIME

7.1. The travel time estimates communicated by PRESTIGE DRIVER to the Customer when ordering/reserving are provided for purely indicative purposes.

These travel times are calculated based on standard time estimates and are not contractual, so they cannot form the basis for any claim or complaint by the Customer against PRESTIGE DRIVER and cannot, under any circumstances, engage the latter's liability.

7.2. In the event of travel of particular importance to the Customer and/or subject to time constraints, it is the Customer's responsibility to take a precautionary margin in terms of sufficient time to overcome any difficulty related to traffic or other incident.
PRESTIGE DRIVER recommends, in particular, that the Customer allow an additional margin of 45 minutes for journeys to train stations and 1 hour for journeys to airports in normal traffic conditions.

PRESTIGE DRIVER cannot be held responsible for any delay caused by the fault/inattention/negligence of the Customer, in particular in the event of poor timing by the latter to reach their destination or in the event of a delay in their collection by PRESTIGE DRIVER.

8. CUSTOMER RESPONSIBILITY

8.1. The Customer undertakes, under penalty of legal action, to treat the Drivers and PRESTIGE DRIVER staff with respect and not to engage in any illegal, threatening, harassing or abusive behavior or activity during the Race.

8.2. The Customer undertakes not to damage the vehicles of PRESTIGE DRIVER and/or its Drivers.

In the event of damage to the equipment or vehicle attributable to the Customer, PRESTIGE DRIVER will re-invoice the Customer for the costs of repairing the vehicle or changing equipment as well as the duration of the mobilization of the damaged vehicle.

8.3. Passengers (adults and children) are required to fasten their seat belts. If a fine is awarded to the Customers and/or their companions by the police in the absence of the wearing of the seat belt, the Customer will bear the full payment, including the costs and increases that this fine would be likely to generate in the event of late payment.

8.4. For safety reasons, smoking and transporting illicit, flammable, explosive, corrosive or toxic substances is prohibited on board PRESTIGE DRIVER vehicles and/or its Drivers. Failure to comply with this stipulation shall incur the liability of the Client and their companions, PRESTIGE DRIVER reserving the right to take any action against them before the competent courts.

8.5. The Customer's luggage must be placed in the trunk of the vehicle. Baggage remains the sole responsibility of the Customer. No luggage can be entrusted to the Driver. The Driver may refuse baggage whose weight or dimensions are excessive, as well as those which he considers detrimental to the safety of transport.

8.6. PRESTIGE DRIVER reserves the right to refuse to take charge of the Client and/or his companions, suspected of being under the influence of alcohol or drugs and/or whose behavior constitutes a threat to the safety of the Driver, the vehicle or the other passengers inside the vehicle.

8.7. PRESTIGE DRIVER also reserves the right to terminate any Race due to unreasonable or inappropriate behavior of the Client and/or one of his/her companions.

8.8. If the Customer has damaged the vehicle of PRESTIGE DRIVER and/or its Driver, requiring special cleaning, PRESTIGE DRIVER reserves the right to charge the Customer for the cost of this cleaning.

9. COMPLAINTS – CANCELLATIONS

9.1. The Customer must contact PRESTIGE DRIVER, immediately and at the latest within 2 days of the completed Journey, for any complaint whatsoever relating to the Driver's mission, the provision of Services, any delays caused by the Driver, etc. If this deadline is not met, the Customer will be barred from (i) asserting any breach on the part of PRESTIGE DRIVER and consequently from (ii) suspending its payment obligation or claiming reimbursement.

9.2. In the event of cancellation or request for reimbursement by the Customer of his Order based on unfounded justifications and/or justly contested by PRESTIGE DRIVER, the latter will be liable, in favor of PRESTIGE DRIVER, for the administrative costs incurred by his cancellation or request for reimbursement up to 50% of the amount of the Order with a minimum of €25,00.

9.3. Any cancellation automatically results in the Client receiving 5% of the Price of the Race from PRESTIGE DRIVER.

9.4. The introduction of a complaint does not in any way release the Customer from his payment obligations.

10. PROCESSING OF PERSONAL DATA – CONFIDENTIALITY

10.1. As part of its activities, PRESTIGE DRIVER processes the Client's personal data (such as identification data, data on the Client's use of the Website, the Application and the PRESTIGE DRIVER Services, the Client's traffic data, billing and payment data, and technical data), in accordance with the law of 8 December 1992 on the protection of privacy and the General Data Protection Regulation (GDPR) 2016/679 of 27 April 2016. All personal data provided by the Client will be treated with the strictest confidentiality by PRESTIGE DRIVER.

10.2. PRESTIGE DRIVER only processes personal data that the Customer voluntarily entrusts to it within the framework of their contractual relations. The communication of confidential data by the Customer that concerns him or that the Customer considers as such, is done at his own risk. The Customer authorizes PRESTIGE DRIVER to record his personal data during the term of the contract in particular for:

a. the management and administrative follow-up of Customers (invoicing, communications, disputes, etc.);
b. execution of the Order;
c. carrying out information or promotional operations on the Services offered by PRESTIGE DRIVER, by mail, SMS or emails;
d. the creation of user profiles for marketing purposes based on the Client's use of the PRESTIGE DRIVER Website, Application and Services;
e. the fight against fraud and offences directed against PRESTIGE DRIVER, its employees, its partners, its Customers or its suppliers;
f. quality control of services;
g. market studies;
h. the carrying out of information or promotional campaigns for PRESTIGE DRIVER Services.

10.3. In accordance with the requirements of the GDPR, PRESTIGE DRIVER hereby informs that the Customer has the right to access, erase, rectify, limit, oppose and port their data. If the Customer decides to exercise this right, they can send an email to the following contact address: info@prestigedriver.be. The Customer can also notify PRESTIGE DRIVER, via this address, of their wish not to receive commercial information about PRESTIGE DRIVER Services.

10.4. The Customer's data is kept for a maximum of ten (10) years from the termination of the contractual relationship between the Parties. Other storage periods apply for certain categories of data, such as traffic data, which are only kept for a period of twelve (12) months.

10.5. Identification data and user profiles may be shared with PRESTIGE DRIVER subsidiaries and are made accessible to third parties working in the name and/or on behalf of PRESTIGE DRIVER. In any case, their access is limited to the data they need for the execution of their contract with PRESTIGE DRIVER. The Customer's data may also be communicated to the competent authorities in the cases provided for by law.

10.6. The Customer is informed that all telephone calls made (received or dialed) between the Parties may be recorded/listened to:

a. in order to serve as proof in the event of a dispute/complaint by the Customer;
b. for quality control purposes;
c. for the purposes of training and supervising PRESTIGE DRIVER staff.

The Customer accepts these recordings and gives his consent to them while having the possibility of opposing these recordings and listening during each telephone conversation, by notifying PRESTIGE DRIVER in advance of this intention.

10.7. The Client undertakes not to use or reveal to a third party confidential information, as well as technical or commercial secrets relating to the activity and Services of PRESTIGE DRIVER and to take all possible measures to properly protect said confidential information against any access not expressly authorized by PRESTIGE DRIVER.

11. INTELLECTUAL PROPERTY

11.1. All elements of the Website and the Application (graphics, images, texts, logos, databases, programs) including their accessories, are the full and entire property of PRESTIGE DRIVER.

11.2. The Customer undertakes not to, unless expressly and explicitly authorized by PRESTIGE DRIVER, copy, in whole or in part, in any manner or on any medium whatsoever, the properties of PRESTIGE DRIVER, nor to adapt them, translate them, sell them, rent them, lend them, disclose them to the public, nor to create derivative works of the aforementioned elements and more generally to carry out any act in violation of the copyright of PRESTIGE DRIVER protected by the law of June 6, 1994 on copyright and related rights.

11.3. The Customer is advised that any redistribution, reproduction or total or partial commercialization in any form whatsoever is strictly prohibited, under penalty of legal proceedings.

12. CHANGES TO TERMS AND CONDITIONS

12.1. PRESTIGE DRIVER reserves the right to modify the General Conditions of use of its Services by publishing a new version of these on its Website and/or its Application.

12.2. The applicable General Conditions are those in force on the date of use of the service.

13. DISPUTES

13.1. PRESTIGE DRIVER undertakes, as far as possible, to resolve the problems of which it is informed and to which it can remedy them. If the Customer is not satisfied with the response or the solution proposed, he/she may contact the PRESTIGE DRIVER administrative department. Only written complaints sent to the PRESTIGE DRIVER contact address will be taken into consideration. Failing this, it cannot be held responsible for not having followed up on them.

13.2. These General Conditions are governed by Belgian law.

13.3. Any dispute relating to these General Conditions, including their existence, their conclusion, their validity, their interpretation or their execution, will be the exclusive competence of the French-speaking courts of Brussels, which will have sole jurisdiction to hear them.