USER CHARTER OF CARPOOLING.

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1 Warning : USER CHARTER OF CARPOOLING. The laws mentioned in these mentions are valid in France. TransWay does not commit to other countries. TransWay offers a professional and secured service for connecting people. The latter declines any responsibility with the respect or not with the charter by his users : no matter if they are driver or passengers. This good behavior charter is the carpool spirit and implies for everyone to behave in a supportive and responsible manner. The success of this charter will be a success with the goodwill of the participants. 1. Carpoolers Commitment. 1.1 Driver s commitment. The drivers have to commit : Verify that their car are in perfect state of march and have all of the security rules. Don t take any risks driving and don t take any dangerous products which can alter the ability to drive safely and vigilantly. Have a valid driving license. Being assured for commuting and that their insurance contracts has a Civil Liability clause who support passengers in the case of an accident. It s recommended to inform the insurance company that the driver carpool as part of his commuting. Have a safe driving and respect scrupulously the traffic laws. The driver take the responsibility to drive the passengers. It is recommended to check with their insurance company if a third party can drive. The driver shall also declare that he has not been convicted of withdrawal of driving permits for drunk driving. 1.2 The passengers have to commit. Check if the driver holds a driving license and that the insurance sticker placed on the windshield is well up to date. Check if the driver is assured to carry passengers as part of his commuting. Don t interfere with the driving.

2 Respect the car and the cleanliness. 1.3 Provision and modification of data. By subscribe on the platform, you accept to provide us personal informations, essential for the good operation of the service (include last name, first name, phone number and address). The informations provided by the participants are reals and not whimsical. 1.4 Service s rules. The carpooling is based on the reciprocal agreement between driver and the passengers. This also implies that : Respect the agreements fixed in beforehand (date and time of the appointment...) Respect the conditions on the cost-sharing or the use of a car in alternation. Keep up to date the personals informations (ride, contact information, time ) Warn teammates in case of unavailability (Sick leave, professional displacement) as much as possible, at least 24 hours in advance. Follow the basic rules of security, hygiene and kindness. Be able to present your identity papers to another person if this one is asking for. For the driver, it s the papers of the car, insurance and his driving license. 1.5 Cost-sharing. The carpooling is based on sharing the cost or using the car with alternation. No contribution to costs is imperative. It s a arrangement between the driver and the passengers were TransWay does not intervene. However, it s recommended that the money exchange between driver and passengers stay in the normal compensation for gasoline, toll and parking without benefit radio. Failure to comply with this instruction could place the user at fault vis the tax administration and his insurance company. 1.6 User s responsability. The driver and the passengers use the informations of carpool under their sole and exclusive responsibility, for strictly personal and non-business use.the user undertakes not to use the site in a abuse or illegal way : for the purpose of

3 persecution, robbery, threat, defamation Do not use this site to achieve private life or in a more general way to harm rights of a third party. The users also undertakes to use the carpool service in accordance with the regulations in force, and in particular not to use it for view, download, send, transmit any content which encourages the consumption of prohibited substances, either unlawful or defamatory statements. Carpooling is based on the reciprocal agreement between the driver and the passengers, users agree to act under their sole and absolute responsibility. In particular, price and trip information is provided by users themselves. They are only binding on the user who provided the information. The TransWay's liability shall not be incurred in any manner whatsoever and in particular in the case of damage occurring in the course of travel, delay or the absence of a driver or passenger. TransWay is a third party organizer and shall in no event be held responsible of incident resulting from the putting in relation of people. 2. TransWay s engagement. TransWay implements, operates, maintains and manages the platform for the good state of the carpooling service. This platform makes it possible to optimize the relation of users according to their place of work. A road map tool makes it possible to reconcile users if their residence addresses are adjacent, or if a part of the journey can be done in common. The website allow user to register, register trips, visualize and be informed about new trips. The user can choose to be informed by mail of the trips that may interest him. 3. Insurance and responsability. The carpooling doesn t generally require a specific approach with the Insurances. Many of them allow carpooling without any formalities and some of them offer advantageous services to carpoolers. However, before making your trip, it s necessary to take few precautions.

4 3.1 Which Insurance? Drivers, the law requires you to out an auto insurance policy including at least the civil liability (Law Badinter, 1985). It is best to report carpooling to your insurance company and to have information on how the guarantees are applied in this context. Compulsory civil liability insurance (R.C) covers passengers in the event of accident, unless there is a serious fault on the part of the driver. When you are carpooling with someone for the first time, consider proof of your insurance coverage. Let him check your request if he asking for. 3.2 Carpooling Home-Work. If you re carpooling for home-work trips, be sure that your insurance cover this type of trips. Insurance workplace accident of your place of work supports drivers and passengers in the event of disability. In case of detours to recover a passenger you are covered by the insurance provided that such detours do not exceed 20% of the distance your normal trip. (Judgment of the Court of Cassation of 1975). 3.3 Car service. If you re driving with a service car, be sure that you re allowed to take passengers. 3.4 In case of accidents. If you are the driver : You are covered by your insurance. The damage to your car are reimbursed based on established responsibilities and guarantees of the contract (all risks or to the third party, presence of the car ) If your liability is total and your contract does not include damage to the car (damage to any accident or damage collisions), the material damage will not be taken care of by your insurer.

5 If you are passenger : Passengers are fully compensated for their bodily injury by the driver's insurance, in respect of civil liability. If the vehicle was not insured, it is the insurance guarantee fund which covers your damages. If you have given up the steering wheel : If the person who was driving is injured, it will be compensated in the condition that your insurance includes an optional guarantee to cover the bodily injury suffered by any authorized driver Given up the steering wheel. You can give the steering wheel to a passenger. One condition must be respected : your insurance contract doesn t have an exclusive clause. Some of the insurance recommended to alternate the steering wheel during long trips. TransWay disclaims all liability for any direct or indirect damage, bodily, material, intangible consecutive or not to persons and property, which may occur during a trip or, as a general the use of the carpooling service. User acknowledges that TransWay is not responsible for the content of correspondence of any kind that it exchanges with other users. 4. Acceptance of terms of use. The carpooling site is available to the user provided that the user accepts without exception the conditions and notifications contained in this charter. By accessing and using this site, the user's agreement with the provisions of the charter is considered as given. If the user does not accept the conditions of use set out in the charter as they are, it is not entitled to use the site.

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