Our General Terms and Conditions of Use

The present document constitutes the entirety of the general conditions of use (the ‘GCU’) of the services offered on and from (i) the website www.city-bird.com (the ‘Website’), and (ii) the software application ‘FELIX-CITYBIRD’ (the ‘Application’) published by the Company, as this term is defined below. This document is not exclusive of special conditions that may exist elsewhere and binding HICAB, operating under the trade name FELIX-CITYBIRD SAS on the one hand, and a User, as this term is defined below, on the other hand. Users are advised to carefully read the entirety of these GCU before browsing the Website and/or using the Application and/or using the services offered therein. Connection to the Site and/or the Application and use of any of the services offered on the Site and/or in the Application implies unreserved acceptance by the User of these GCU, the User thus declaring and acknowledging having read all of the terms of these GCU.

ARTICLE 1 : GENERAL PROVISIONS

1.1 Name of the publisher

The Website is published by the company: Hicab operating under the trade name FELIX-CITYBIRD SAS.

Legal form: société par actions simplifiée Share capital: 336,761€
Registered office: 101-109 rue Jean Jaurès, 92 300 Levallois Perret Place Paul Verlaine
RCS Nanterre B 448 886 762 RCS
Intracommunity VAT number: FR83448886762
Contact : infos@www.city-bird.com

hereinafter referred to as ‘FELIX-CITYBIRD SAS’ or the ‘Company’.

1.2 Description of the service

FELIX-CITYBIRD SAS makes available, via its Website and its Application, a software solution for booking vehicles (Motorbikes, Maxi Scooters, Maxi Scooters electric Sedans and Vans) with drivers (the ‘Vehicles’), for private and professional customers (the ‘User(s)’). The transport resulting from these bookings (the ‘Transport(s)’) is carried out by independent drivers, who carry out the journeys booked by the Users on their own behalf (the ‘Driver(s)’). FELIX-CITYBIRD SAS acts as a supplier of the service of bringing people together via the Site or the Application.

1.3 Scope of the GCU

Subject to what may be defined in the special conditions, the present GCU apply, in their entirety, to all Users of the Website and the Application. The use of the services of FELIX-CITYBIRD SAS is reserved for Users who have previously read the GCU in their entirety and have accepted them by ticking the box or clicking on the hypertext link provided for this purpose. Furthermore, completion of the booking process on the Site and/or via the Application implies express acceptance by the User of these GCU. The User, a natural person, must be at least 18 years old and legally capable of entering into a contract.

1.4 Modification of the GCU

FELIX-CITYBIRD SAS reserves the right to modify all or part of these GCU at any time. Consequently, it is up to the User to regularly consult the latest version of the GCU available at www.city-bird.com. The User is deemed to accept this latest version each time he/she connects to the Site. In addition, the User?s formal agreement to these GCU may be requested prior to any booking.

1.5 Non-compliance with the GCU

In the event of non-compliance by the User with these GCU, FELIX-CITYBIRD SAS reserves the right to suspend services without notice and/or to refuse access to the service.

1.6 Primacy of the GCU

The User expressly recognises that the present GCU take precedence, in the event of contradiction, over any general and/or special conditions proposed by the User. In the event that FELIX-CITYBIRD SAS and a User have agreed special conditions in writing that deviate from the present GCU, these special conditions take precedence, in the event of contradiction, over the present GCU.

ARTICLE 2 : HOW TO ACCESS THE SITE ? USER ACCOUNT

2.1 Creating a User Account

Users are free to browse the Site and/or the Application. In order to make full use of the resources of the Site and/or the Application, Users may be required to create an account (the ‘User Account’). Users are free to set up a User Account, for which they will be asked to enter a certain amount of personal data or data relating to the identity of the legal entity, where applicable. The User also enters the bank details of the account from which payments will be made. These details are kept by the Company?s service provider, as indicated in paragraph 3.3.2. The Users undertake to ensure that the data provided is accurate and up to date. FELIX-CITYBIRD SAS will under no circumstances be held responsible for any prejudice linked to the inaccuracy or obsolescence of the data thus communicated by the Users.As soon as the account is created, the User will be given an identifier and a password (hereinafter referred to as the ‘Identifiers’), which they may change at any time, enabling them to access their private account. Users must ensure that they use appropriate Identifiers and shall be solely responsible for the level of security of their Identifiers. The User will be able to create several sub-accounts, in order to allow multiple accesses, with each access benefiting from separate Identifiers. Nevertheless, all the sub-accounts will be linked to the same bank account of the User. FELIX-CITYBIRD SAS can under no circumstances be held responsible for the consequences of fraudulent use of the Identifiers.

2.2 Deleting a User Account

FELIX-CITYBIRD SAS may terminate the User?s registration without notice, in particular, but not exclusively, in the following cases:

• non-compliance by the User with its obligations;
• lack of funds in the bank account ;
• inappropriate behaviour by the Passenger or their accompanying persons on board the Vehicles.

2.3 Confidentiality of Identifiers

Identifiers are personal and confidential. They can only be changed at the request of the User or on the initiative of FELIX-CITYBIRD SAS. The User is solely and entirely responsible for the use of his Identifiers and undertakes to do everything in his power to keep his Identifiers secret and not to divulge them to anyone, in any form whatsoever. Any reservation made using the User?s Identifiers will be deemed to have been made by the User. In the event of the loss or theft of one of the User?s Identifiers, the User is responsible for any damaging consequences of this loss or theft, and must use the procedure enabling him/her to modify them as soon as possible.

2.4 Use of User content

FELIX-CITYBIRD SAS reserves the right to use the information (other than personal data), whatever the format, communicated by the User (in particular User opinions, etc.) in various ways, including publishing it on the Site and/or in the Application, modifying its format, incorporating it into advertisements, communication media, or other documents, creating derivative works from it, enhancing it, distributing it, and allowing others to do the same on their websites and media platforms. Consequently, the User hereby gives FELIX-CITYBIRD SAS his irrevocable consent to use this content for whatever purpose, and irrevocably renounces all claims and assertions relating to moral or patrimonial rights with regard to this content.

ARTICLE 3 : LIMITATION OF LIABILITY

3.1 Territory

The services provided by FELIX-CITYBIRD SAS to the Users (the ‘Services’) are only available in the territories listed on the Site and/or in the Application (the ‘Territory’). FELIX-CITYBIRD SAS reserves the right to modify at any time the extent of the Territory in which the Services are offered. FELIX-CITYBIRD SAS may suspend or interrupt the Services at any time and without notice, on all or part of the Territory.

3.2 Reservation terms and conditions

The User can, via the Website and/or the Application, after logging into his User Account, make a Reservation Request by filling in the various required fields (in particular, by way of example, the date and time of departure, the departure address, any intermediate stages, the arrival address, the type of Vehicle, the number of passengers, the surname and first name of the main passenger (the ‘Passenger(s)’). If the required fields are not filled in, the Reservation cannot be processed by FELIX-CITYBIRD SAS. The ‘Notes for the driver’ field is intended 100% for the driver and in no way engages the responsibility of FELIX-CITYBIRD SAS (in particular the itinerary desired by the Passenger, if applicable; the presence of bulky luggage (or other); the presence of a pet...); etc.) FELIX-CITYBIRD SAS makes every effort to respond to the User?s request but cannot guarantee the availability of a Vehicle. As soon as FELIX-CITYBIRD SAS receives the Reservation Request and on the basis of the information provided, FELIX-CITYBIRD SAS will send the User a fare proposal for the desired journey, as well as the details of the reservation, and, when the Reservation Request is an immediate request (i.e. when it is made for a departure within 25 minutes of the Reservation Request), an estimate of the waiting time for the arrival of the Vehicle at the indicated departure address. After verification of the elements communicated by FELIX-CITYBIRD SAS, the User accepts or not the rate thus proposed by FELIX-CITYBIRD SAS and definitively validates the reservation (the ‘Reservation’). As soon as the Reservation is validated, the User receives a summary of his order by email. On the day of the Reservation, once the Driver is waiting at the pick-up point, the User receives an SMS indicating that his Driver is waiting with his name and telephone number. Once the Reservation has been confirmed, the Passenger must arrive at the agreed location at the agreed time.

3.3 Pricing and payment terms

3.3.1 Pricing conditions

The rate proposed for each Reservation is determined in particular according to :

• the distance to be covered ;
• the anticipated duration of the journey (with regard to the time slot, the route to be taken or desired by the User where applicable, etc.);
• the type of Vehicle required;
• the options selected by the User when making the Reservation (e.g. Sign);
• Any modification of the Reservation prior to the pick-up by the Driver may lead to a modification of the tariff proposal made by FELIX-CITYBIRD SAS, with regard to the criteria listed previously in this same article, and this modification must be accepted in advance by the User. Any modification to the Reservation (including waiting for pick-up, additional stops, change of pick-up address or destination, etc.) may automatically lead to an increase in the fare initially proposed at the time of the Reservation. Promotional codes or credits may be deducted from the fare. Each promotional code or credit is valid only once on the first Booking made;
• An additional charge of ? 3 applies to immediate bookings for scooters and electric scooters and ? 5 for immediate bookings for motorbikes.

3.3.2 Terms of payment

Payment for the Transport is made to the FELIX-CITYBIRD SAS service provider by secure electronic payment by direct debit to the User?s bank account (the ‘Payments’). In certain specific cases and subject to prior acceptance by FELIX-CITYBIRD SAS, payment on board is authorised.

Except when the User has opted for periodic payment (in accordance with paragraph 3.3.3), the price of the Reservation is automatically debited from the User?s bank account, and will only be definitively debited (or totally or partially refunded in the event of cancellation or modification in accordance with paragraph 3.4) once the journey has been completed. To this end, the User communicates his bank details in a totally secure manner to a service provider of FELIX-CITYBIRD SAS. In order to protect and encrypt the credit card data, FELIX-CITYBIRD SAS uses the technology of its service provider ADYEN.

3.3.3 Billing

Depending on the FELIX-CITYBIRD SAS service for which the User has opted, he can opt for payment per journey or periodically (either in prepayment or according to the journeys made during the past period). If they have opted for periodic payment, Payments must be made on the due date shown on the invoice. In the event of late Payment or for any unpaid Payment, for whatever reason, the sums due will automatically be increased in accordance with the regulations in force. FELIX-CITYBIRD SAS will send the User, by e-mail or post, to the address registered by the User at the time of the creation (or modification of the data of the User Account), an invoice detailing the price and other characteristics of the race(s) object of the invoice, as well as, if applicable, the other sums that may be due to FELIX-CITYBIRD SAS (cancellation costs, etc.).

Prepaid payment credits must be used within 12 months of the first use.

3.4 Modification and cancellation of the Reservation

3.4.1 Modifications

By modifying his Reservation, the User cancels his initial Reservation in accordance with article 3.4.2 and makes a new Reservation. Any late cancellation may give rise to the payment of cancellation fees to FELIX-CITYBIRD SAS, in accordance with article 3.4.2.

3.4.2 Cancellation procedure

Prior to the pick-up of the Passenger by the Driver, the User may freely cancel his Reservation via the Website or the Application. Any late cancellation may give rise to the payment of cancellation fees to FELIX-CITYBIRD SAS, in accordance with article 3.4.3. Cancellation fees will also apply if the User does not arrive at the address and departure time indicated in the Reservation.

3.4.3 Free cancellation period

FELIX-CITYBIRD SAS offers its Users a free cancellation period. In the case of a journey booked in advance, the Reservation can be cancelled free of charge by the User if the cancellation occurs more than one hour before the Passenger?s pick-up time. In the case of an immediate journey, cancellation is free if it occurs less than 5 minutes after the Reservation.

3.4.4 Amount of cancellation fees

a) In the case of a journey booked in advance:

• if the cancellation is made less than 60 minutes before the journey, the User will be charged 100% of the price of the journey on electric scooters, scooters and motorbikes.
• If the Passenger does not show up at the address and departure time indicated in the Booking, the User will be billed for the entire journey (after 15 minutes if the passenger does not show up).

b) In the case of an immediate journey, if the cancellation is made after the free cancellation period of 5 minutes provided for in Article 3.4.3, a cancellation fee will be charged to the User (5€ for an electric scooter, 15€ for a journey in a saloon car, 30€ for a journey in a van, 30€ for a journey in a scooter and 45€ for a journey in a motorbike).

3.4.5 Waiting charges

The User undertakes to ensure that the Passenger arrives at the pick-up location and at the time indicated at the time of Reservation. FELIX-CITYBIRD SAS offers a free waiting time of 5 minutes for Sedan and Van journeys and 5 minutes for Motorbike Taxi, Maxi Scooter and Maxi Electric Scooter journeys.

In the event of a longer waiting time, FELIX-CITYBIRD SAS reserves the right to charge additional costs to the User. Waiting costs amount to 0.6€ VAT per minute beyond the free waiting time for saloon cars, 0.7€ incl. VAT / minute for vans and 1€ per minute for motorbikes, scooters and electric scooters. For airports, waiting time is free up to 20 minutes after the Booking time. Beyond that time, a charge of 0.6€ incl. VAT / minute for saloon cars, 0.7 € incl. VAT / minute for vans and 1 € incl. VAT/minute for motorbikes, scooters and electric scooters. When a flight number is entered, FELIX-CITYBIRD SAS automatically shifts the time of the journey according to the advance or delay of the flight. The Passenger is informed of the arrival of the Driver at the pick-up location by sending an SMS. The start of the waiting period begins (i) either when the SMS is sent in the case of an immediate order, (ii) or at the latest time between the pick-up time agreed at the time of the Reservation and the time the SMS is sent in the case of an advance order. After 15 minutes of waiting, without any news from the passenger, the Driver and FELIX-CITYBIRD SAS will be released from all obligations in respect of the Reservation and the Driver will be free to leave the pick-up location. In this event, the User will be deemed to have cancelled the Reservation and will be charged a cancellation fee in accordance with Article 3.4.4. At the Passenger?s request and in agreement with the Driver, the Driver may extend the waiting time and continue to charge the waiting fee.

ARTICLE 4 : COMMITMENTS OF THE USER

4.1 The User undertakes to provide accurate and truthful information, in particular regarding his/her title, surname, first name, date of birth, e-mail address and telephone number, the name and telephone number of the Passenger, or his/her company name and RCS number, where applicable, necessary for proper identification, with a view to opening a User Account.

4.2 The User undertakes to ensure that the Passenger arrives at the pick-up point and at the time indicated at the time of Reservation.

4.3 Throughout the journey, the User undertakes to behave in an appropriate and respectful manner towards the Driver and his/her environment, and refrains from any behaviour that could jeopardise his/her safety, as well as that of the Driver and/or third parties. The Driver also reserves the right to refuse to pick up a Passenger due to the Passenger?s behaviour (intoxication, danger to the safety of the Passenger or the Driver or any other person, etc.), or in the event that the luggage or belongings accompanying the Passenger are too large and present a danger to the safety of the Passenger or the Driver or any other person.

4.4 The User undertakes to limit the total weight and volume of the Passenger?s baggage to that which is compatible with the Vehicle used.

4.5 In the event of damage to the Vehicle attributable to the Customer, the Service Provider will re-invoice the Customer, on behalf of the Driver, for (i) a fixed amount for the cost of repairing the Vehicle of 100 ? inclusive of tax in the event of soiling, or (ii) the cost of repairing or restoring the Vehicle on the basis of the receipts presented by the Driver, in the event of damage.

4.5 Promotional Codes / Sponsorship FELIX-CITYBIRD SAS may, at its sole discretion, create promotional codes that can be used to obtain Account credit*, or other features or benefits related to the Services and/or the services of a third party Provider, subject to any additional provisions established by FELIX-CITYBIRD SAS on a case-by-case basis for the promotional codes (the ‘Promotional Codes’). You agree that the Promotional Codes: (i) must be used lawfully by the intended audience and for the intended purpose; (ii) may not be duplicated, sold or transferred in any way, nor made available to the general public (whether posted on a public forum or on a website); and (iii) may not be used for any other purpose. (iii) can be deactivated by FELIX-CITYBIRD SAS at any time for any reason without any liability on the part of FELIX-CITYBIRD SAS; (iv) can only be used in accordance with the specific conditions established by FELIX-CITYBIRD SAS for each Promo Code; (v) are not valid for receiving cash; and (vi) may expire before being used. FELIX-CITYBIRD SAS reserves the right to decline or reduce the credits or other features or benefits obtained through the use of the Promo Codes by you or any other user in the event that FELIX-CITYBIRD SAS deems or believes that the use or redemption of the Promo Code has been erroneous, fraudulent or otherwise unlawful.

*this includes referral codes.

ARTICLE 5 : COMMITMENTS AND LIMITATION OF LIABILITY OF FELIX-CITYBIRD SAS

5.1 Performance of the Services

The Services offered by FELIX-CITYBIRD SAS consist of a search service for an available Driver satisfying the Reservation Request. FELIX-CITYBIRD SAS is thus bound by a simple obligation of means to find a Vehicle available for the User in accordance with the Reservation Request. FELIX-CITYBIRD SAS acts as a connection service provider via the Site or the Application. The provision of transport services is therefore governed by the contract which binds the User/Passenger to the Driver. In the event of poor execution or non-performance of the transport service, the User can contact FELIX-CITYBIRD SAS by email at infos@www.city-bird.com. FELIX-CITYBIRD SAS does not guarantee that a Driver will be available at the desired time, nor for the route desired by the User. In this case, the Reservation Request will be rejected without FELIX-CITYBIRD SAS being held responsible. The waiting or journey time estimates provided by FELIX-CITYBIRD SAS to the User are transmitted for purely indicative purposes only, in particular on the basis of information communicated by the Drivers. These estimates are not contractual and cannot in any way engage the liability of FELIX-CITYBIRD SAS. In any event, the liability of FELIX-CITYBIRD SAS is limited to the price of the Reservation.

5.2 Damage suffered by the Passenger

Please note that Transport is placed under the full responsibility of the Driver who exercises his profession independently. FELIX-CITYBIRD SAS is not responsible for damage, direct or indirect, bodily or otherwise, suffered by the Passenger or their property during Transport or which would result from the transport service (for example, and without this list is not restrictive: delay, failure to execute, poor execution).

In the event that FELIX-CITYBIRD SAS has employee drivers, FELIX-CITYBIRD SAS takes out all-risk insurance for the transport of people for payment on 2 and 3 wheels, for each vehicle in the fleet driven by its employee drivers.

5.3 Compliance with regulations

FELIX-CITYBIRD SAS undertakes to verify that Drivers and Vehicles comply with the regulations in force regarding the operation of tourist vehicles with drivers. FELIX-CITYBIRD SAS ensures this verification annually with Drivers, but does not respond to changes in the situation of which it has not been informed.

5.4 Availability of Services? Network operation

The Site and/or the Application allow an operational service 24 hours a day, 7 days a week. FELIX-CITYBIRD SAS may nevertheless interrupt it, with or without notice, for operating and/or maintenance constraints. Given the specificities of the Internet network, FELIX-CITYBIRD SAS does not offer any guarantee of continuity of service, being only bound in this regard by an obligation of means. FELIX-CITYBIRD SAS cannot be held liable in the event of any damage whatsoever linked to the temporary inability to access one of the Services offered by the Site and/or the Application.

5.5 Modification of the Site or Application

All information contained on the Site and/or on the Application may be modified at any time, taking into account the interactivity of the Site and the Application, without this incurring the liability of FELIX-CITYBIRD SAS.

5.6 Hypertext links

The Site/and or Application may contain links to third party websites. The linked sites are not under the control of FELIX-CITYBIRD SAS, and FELIX-CITYBIRD SAS is not responsible for the contents of these linked sites. FELIX-CITYBIRD SAS provides these links as a convenience and a link does not imply that FELIX-CITYBIRD SAS sponsors or recommends the linked site in question or that FELIX-CITYBIRD SAS is affiliated with it. The linked sites are owned and operated by independent resellers or service providers and, as such, FELIX-CITYBIRD SAS cannot guarantee that the User will be satisfied with their products, services or commercial practices. It is up to the User to make any checks that seem necessary or appropriate before carrying out any transaction with one of these third parties.

ARTICLE 6? NON-PERSONALLY IDENTIFIABLE INFORMATION COLLECTED AUTOMATICALLY

6.1 Compliance with the law

FELIX-CITYBIRD SAS, in strict compliance with the law and regulations in force, wishes to collect certain information, in particular geolocation. This information is collected in accordance with the provisions relating to the protection of personal data and is intended to offer the User personalized and optimal use of the Site and/or the Application.

6.2 Obligations CNIL

FELIX-CITYBIRD SAS, required to implement automated processing of personal data, undertakes to comply with the legal obligations in this area, resulting in particular from Law No. 78-17 of January 6, 1978 relating to information technology, to files and freedoms.

6.3 Privacy charter

The collection of personal data does not make it possible to reveal, directly or indirectly, the ethnic origins, political, philosophical or religious opinions or trade union membership of individuals, nor data relating to the health or sexual life of the person. these. Data concerning the User or Passenger is collected and processed in a fair and lawful manner for specific, explicit and legitimate purposes, without being subsequently processed in a manner incompatible with these purposes, in a form allowing the identification of the persons concerned for a period of time. duration which does not exceed the duration necessary for the purposes for which they are collected and processed.

6.4 Use of data

The User is informed by these T&Cs that the personal data indicated as mandatory on the forms and collected as part of the Services described in these T&Cs are necessary for the use of these Services, are used only in within the framework of these Services and are intended exclusively for FELIX-CITYBIRD SAS and its partners (in particular the Drivers), who take, under their entire responsibility, the necessary precautions in order to preserve the security of the data. The User authorizes FELIX-CITYBIRD SAS to provide certain information to its technical service providers in order to enable the User to benefit from certain functions of the Site and/or the Application (private account, forum, reviews, comments?). In addition, the User authorizes FELIX-CITYBIRD SAS to use and/or transfer this information within the framework of partnerships, in accordance with the law, in particular with the aim of providing the User with personalized information and services.

6.5 Right of access, rectification and opposition

The User benefits from a right of access and rectification of this data which he can exercise with FELIX-CITYBIRD SAS. The User may, moreover, exercise his right to object to the use of this data for legitimate reasons by contacting FELIX-CITYBIRD SAS.

6.6 Warning

The User acknowledges that, generally speaking and in the current state of technology, each time he publishes information online, this information may be collected and used by third parties. Consequently, the User releases FELIX-CITYBIRD SAS from any liability or harmful consequences of the use by third parties of information exchanged through the communication tools (in particular notices) offered by the Site and/or the Application.

SECTION 7 : COOKIES

FELIX-CITYBIRD SAS and/or its partners may store information on the User's computer and/or tablet and/or mobile phone. This information will take the form of “Cookies” or similar files. “Cookies” are data which do not contain any personal information and which are sent via the server to the hard drive of the User's computer. The role of cookies is in particular to identify the User more quickly when connecting and to facilitate their participation in certain events, promotions, activities? present on the Site and/or in the Application. FELIX-CITYBIRD SAS cannot guarantee the optimal functioning of the Site and/or the Application in the event of refusal by the User to receive cookies. The User acknowledges and accepts that FELIX-CITYBIRD SAS reserves the possibility of installing “Cookies” in his computer, and/or his tablet, and/or his mobile phone, in order to record any information relating to the navigation of his computer on the Site and/or in the Application.

SECTION 8 : INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1 Ownership of rights

All rights, patrimonial and moral, intellectual and/or industrial property, relating to the contents and information elements of the Site and/or the Application and present on the Site and/or the Application belong to FELIX. -CITYBIRD SAS, subject to any property rights that may belong to a third party and for which FELIX-CITYBIRD SAS has obtained the necessary transfers of rights or authorizations. The rights granted to the User for the use of the Site and/or the Application and the Services provided by FELIX-CITYBIRD SAS do not imply any transfer or authorization to exploit or use any elements of the Site and/or the Application.

8.2 Protection of all elements: Brands, designs, logos, hypertext links, information, etc.

All elements (brands, designs, texts, hypertext links, logos, images, videos, sound elements, software, layout, databases, codes?) contained on the Site and/or on the Application and in the sites associated are protected by national and international intellectual property law. These elements remain the exclusive property of FELIX-CITYBIRD SAS.

8.3 Prohibition of use without authorization

Consequently, without prior written authorization from FELIX-CITYBIRD SAS, the User may not carry out any reproduction, representation, reissue, redistribution, adaptation, translation and/or partial or complete transformation, or transfer to another website. of any component element present on the Site and/or on the Application. The User undertakes not to submit, copy, resell, republish, or, in general, make available by any form whatsoever any information or element received from FELIX-CITYBIRD SAS or available on the Site and/or on the Application, to another natural or legal person, from any country. In general, the User undertakes to respect the above provisions relating to intellectual property.

8.4 Sanctions

The User acknowledges and acknowledges that failure to comply with this prohibition constitutes a reprehensible act of counterfeiting, both civilly and criminally.

ARTICLE 9 : FINAL PROVISIONS

9.1 Rules of evidence

The User accepts the use of electronic messaging and/or other written telecommunications systems (SMS, etc.) for the transmission of information relating to the services provided by FELIX-CITYBIRD SAS, to the Reservations made or to the conclusion or the execution of their commercial relations. Users expressly acknowledge that: (i) the presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message; (ii) an electronic document containing an identification code is equivalent to a writing signed by the issuing person; (iii) the parties may rely on the printing on paper of an electronic message from electronic messaging software to prove the content of the exchanges they have regarding the execution of these T&Cs.

9.2 Partial nullity? Dissociation? Securities

In the event that a provision of these T&Cs is void, illegal, unenforceable or inapplicable in any way, the validity, legality or application of the other provisions of these T&Cs would in no way be affected or altered, the others stipulations of the T&Cs remaining in force and retaining their full effect. FELIX-CITYBIRD SAS may, if necessary, draft a new clause having the effect of reestablishing the wishes as expressed in the initial clause, in compliance with the law in force applicable to these T&Cs. The titles of the articles herein are only indicative and should not be considered as an integral part of the T&Cs.

9.3 No waiver

Unless otherwise stipulated in these T&Cs, no tolerance, inaction, abstention or omission, no delay by FELIX-CITYBIRD SAS in availing itself of any of its rights in accordance with the terms hereof, will infringe said right, nor can it imply a waiver for the future, on the part of FELIX-CITYBIRD SAS, to avail itself of such a right. Thus, the said right will remain fully in force.

9.4 Modification, removal of illicit content

FELIX-CITYBIRD SAS informs any User that he or she may notify a complaint or objection concerning illicit elements or content placed on the Site and/or the Application. If the User believes that elements or content placed on the Site and/or the Application are illegal and/or infringe the copyright they hold, the User must immediately send a notification to FELIX-CITYBIRD SAS by LRAR mail and containing all supporting elements of ownership of said rights if applicable. Once this procedure has been followed and after verifying the accuracy of the notification, FELIX-CITYBIRD SAS will endeavor, to a reasonable extent and as quickly as possible, to remove the illicit content. It being specified that FELIX-CITYBIRD SAS cannot be held liable for content present on the Site and/or in the Application, published by third parties, and/or modifiable by third parties (for example User reviews?).

9.5 Applicable law

These T&Cs are subject to French law for their interpretation, validity, application and execution. If these general conditions are drawn up in several languages ​​or translated, only the French version will be authentic.

9.6 Disputes: jurisdictional jurisdiction

Any dispute concerning the validity, interpretation or execution of these T&Cs will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.