GTCS
General Terms and Conditions of Service: use and sale
General Terms and Conditions of Service: use and sale
To immediately combat pollution and climate change, the Company HYPE, whose head office is located at 84 avenue de la République 75011 PARIS, registered in the Paris Trade and Companies’ register under number 519 003 115 (hereinafter HYPE) operates a fleet of 100% electric taxis (hydrogen, battery, or both) and a taxi reservation platform under the Hype brand.
The purpose of these General Terms and Conditions of Service (hereinafter the GTCS) is to define the terms and conditions of use and sale of the taxi services offered by HYPE (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context. They constitute a contract between the CUSTOMER and the company HYPE.
HYPE is an operator connecting drivers or taxi transport companies with passengers for the provision of private passenger transport. Its activity is governed by articles L3141-1 et seq. of the French Transport Code.
The service provided by HYPE on behalf of a CUSTOMER (hereinafter CUSTOMER) consists of the provision of order interfaces and the assignment of an order from the CUSTOMER, on its own behalf or on behalf of others, to a taxi DRIVER (hereinafter the DRIVER), equipped with a zero-emission vehicle.
The CUSTOMER means any natural person with full legal capacity to commit to these General Terms and Conditions. Any natural person who does not have full legal capacity can only access the Site and the Services with the agreement of their legal representative.
The CUSTOMER also refers to any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
Any ride ordered from HYPE is covered by a DRIVER working as an employee of HYPE, as an independent DRIVER partner of HYPE or as a DRIVER employed by a transport company other than HYPE but linked to it by a subcontracting contract.
All vehicles made available to CUSTOMERS are 100% electric motorised vehicles.
For a natural or legal person to have access to HYPE services, it is necessary to open a CUSTOMER account. In the case of natural persons, the CUSTOMER must be of legal age or over 16 years old and under parental responsibility.
At a minimum, the CUSTOMER account will include the following information: email, telephone number, company name or first and last name. The CUSTOMER is responsible for the authenticity of this information.
Any order made from a CUSTOMER account shall be deemed to have been made directly by the CUSTOMER itself, including in the event of any modification of the information provided on HYPE’s order interfaces.
In the event of an order by email to info@hype.taxi, the following basic information shall be requested from the CUSTOMER and kept by HYPE as CUSTOMER account information.
When creating a CUSTOMER account on the mobile application or the web ordering tool, the CUSTOMER completes the following fields: first and last name, telephone number, email address. The CUSTOMER chooses a confidential password meeting minimum security criteria (at least 8 characters including an uppercase letter, a lowercase letter and 1 number), which he can modify at any time by following the procedures indicated on the mobile application or the website ordering interface.
These identifiers are confidential and must not be communicated by the CUSTOMER to third parties. The CUSTOMER is solely responsible for their confidentiality and use. He cannot authorise their use to anyone.
The CUSTOMER is then free to continue to complete their account to optimise their experience of HYPE’s services by filling in, for example, their home and work addresses, and by adding one or more payment cards to pay for the services (see article 6 Payment).
Any CUSTOMER may request the creation of a Subscriber account with HYPE to benefit from additional services such as priority on the ordering of rides, reporting services or the invoicing of rides at the end of the month.
This type of account is subject to a separate service contract (special terms and conditions), complementary to these GTCS.
The GTCS are available in the Hype mobile applications for smartphones downloadable from the App Store and Google Play, as well as on the website www.hype.earth. They can also be requested by sending a letter to HYPE’s office: 84 avenue de la République 75011 PARIS.
By placing an order with HYPE, the CUSTOMER is deemed to have previously read and examined these General Terms and Conditions of Service, and undertakes to pay for the services ordered, including No-show costs if the CUSTOMER does not appear on arrival of the vehicle as specified below.
The CUSTOMER acknowledges that it has read these GTCS when creating their account or using the website for the taxi ordering service, and accepts them without restriction prior to any order.
HYPE may modify these GTCS in accordance with the provisions of Article 11 below.
Except for specific operations agreed between HYPE and the CUSTOMER, HYPE’s services cannot be marketed, resold or distributed by a CUSTOMER, even free of charge. The CUSTOMER undertakes to use HYPE’s services only for their own transport needs, those of their relatives, related persons, or company associates if applicable. Any use of their account for any other purpose whatsoever is strictly prohibited.
The CUSTOMER may place an “immediate order” or an “advance order” with HYPE.
An “immediate order” consists of ordering a ride as soon as possible after the CUSTOMER places the order. The taxi arrival time depends on the parameters of the CUSTOMER’s order (specific option(s) in particular).
No guarantee of availability is provided by HYPE in the case of an immediate order. The CUSTOMER is solely responsible for verifying the assignment of a taxi to their order, in particular using the tracking tools on the Hype order interfaces.
If available, HYPE announces to the CUSTOMER an estimated time of arrival of the vehicle. Upon receipt of this announcement, the CUSTOMER can maintain or cancel their order. The conditions and consequences of cancellation are provided for in article 3.5 below.
An “advance order” consists of the registration by HYPE of this request within a more or less long period before the time of the ride or of the driver provision, and specified in HYPE’s order interfaces.
This reservation period may depend on the parameters of the CUSTOMER’s order. This is not the reservation of an identified taxi but a priority taxi search programmed by HYPE to be launched at the latest shortly before the scheduled pick-up time. In this case, HYPE selects a DRIVER with the requested characteristics from the taxis closest to the CUSTOMER’s address, and then sends the previously recorded CUSTOMER contact details to this selected DRIVER.
Due to potential difficulties in finding a taxi near the pick-up address requested by the CUSTOMER at the scheduled time, the taxi may arrive late. HYPE therefore recommends that the CUSTOMER allow sufficient time to avoid any inconvenience due to the late arrival of their taxi.
HYPE’s order interfaces allow users to view the estimated vehicle arrival time. At any time, the CUSTOMER can maintain or cancel their order. The conditions and consequences of cancellation are provided in article 3-5 below
HYPE may at any time cancel an order placed by the CUSTOMER, regardless of the order channel and its parameters, in particular advance orders when HYPE anticipates a difficulty in serving them, without any liability toward the CUSTOMER. HYPE undertakes to notify the CUSTOMER through any appropriate channel (order interface, email, operator) in the event of cancellation of an advance order.
For an advance order, the CUSTOMER may cancel one of their orders, free of charge, up to one hour before the scheduled pick-up time. After this time, HYPE reserves the right to charge the CUSTOMER a cancellation fee (including booking fee and waiting time costs), especially if a DRIVER has already accepted the booking.
For an immediate order, the CUSTOMER is free to cancel their order free of charge until a DRIVER accepts the pick-up request. After that, HYPE is free to charge the CUSTOMER order cancellation fees.
Regardless of the type of order, the cancellation fees invoiced by HYPE to the CUSTOMER cannot exceed the cumulative price of the amount appearing on the taxi meter (booking fee, approach and waiting amount at the time of cancellation), the Quality Pack, accessory services and applicable Management Fees.
HYPE offers the CUSTOMER to choose, for each order, a level of service among those offered, which are currently:
The CUSTOMER will be able to choose between several types of services:
In accordance with article L221-28 of the French Consumer Code, there is no right of withdrawal applicable to orders made via the HYPE Platform.
The transport operations are carried out by professional DRIVERS for private passenger transport, subject to the specific regulations applicable in this area. The DRIVER is directly responsible to the CUSTOMER for the execution of all corresponding obligations. However, as principal, HYPE shall have responsibility for the transport contract.
This involves the provision of a DRIVER and a vehicle of the chosen range for a predefined duration of at least two hours, at an address determined in advance. During this period, the CUSTOMER can, at their convenience, use the vehicle or not, have the DRIVER carry out as many rides as they wish with several passengers and/or have luggage transported at their convenience within the limit of the vehicle’s capacity.
These are various additional services carried out by the DRIVER at the request of the CUSTOMER according to their needs, such as beverages, various purchases, personal assistance or cash advances (subject to a specific contract).
If the CUSTOMER orders the higher HYPE Lounge service level, the transport services referred to in 4.1 are supplemented by the following ancillary services, which cannot be dissociated from the transport service:
Quality Pack
Waiting management services
The DRIVER undertakes to wait for the passenger(s) indicated in the order and to manage parking for the agreed duration. The default maximum waiting time depends on the service level: 5 minutes at Hype level and 30 minutes at Hype Lounge level. This maximum duration can under certain conditions be increased or decreased by each CUSTOMER using the HYPE order interfaces or capped by a specific Subscriber Contract.
For the Hype Lounge level of service, in the event of a waiting time of more than 5 minutes during a ride, the waiting management service will be invoiced in addition to the amount of the ride at the price indicated in article 5.5 below.
Specific options
The CUSTOMER may, upon request, benefit from additional options (free or not, depending on the case). The list of options available for a given order is displayed on the order interface or indicated by the operator.
The amount charged for transport services, ancillary services and additional services include VAT collected by the carrier at the intermediate rate in force.
The pricing of rides is based on the taxi regulated fares and provided by the DRIVER through its taxi meter at the end of the journey.
Where applicable, beverages, various purchases, cash advances, parking or toll fees are charged to the CUSTOMER “at cost” in the form of disbursements.
When the DRIVER arrives at the address where the CUSTOMER is to be picked up and finds that the CUSTOMER is not at that address, the DRIVER is deemed to be authorised to leave after the maximum applicable waiting time has expired (5 minutes for the Hype service level, adjustable value for the Hype Lounge service level). The DRIVER then stops the ride on the meter upon noting the No-show.
Likewise, in the event that the CUSTOMER cancels or modifies their order for any reason whatsoever while the DRIVER has been on his way to the pick-up address for more than 5 minutes, the DRIVER is authorised to stop the ride on the meter by noting the No-show due to late cancellation.
In both cases, HYPE shall charge the amount of the ride appearing on the meter at the time of the No-show, in accordance with the applicable fare which notably includes a minimum price of 8 euros.
The CUSTOMER agrees that the No-show fees will be debited from the pre-registered payment card. In the absence of a registered payment card or in the event that the bank transaction has not been successful or is rejected, HYPE reserves the right to send to the CUSTOMER, by email, text message, or post, an invoice that the CUSTOMER expressly undertakes to pay upon receipt.
When the CUSTOMER chooses the higher Hype Lounge service level when ordering, the applicable pricing is as follows:
Rides
| Category | Hype Lounge | Hype Lounge Van | Hype Lounge First |
|---|---|---|---|
|
Taxi ride |
Price regulated according to the DRIVER’s taximeter reading at the end of the ride |
||
|
Quality pack (fixed price per ride) |
10 euros incl. VAT |
20 euros incl. VAT |
30 euros incl. VAT |
|
Waiting management (per minute beyond 5 minutes) |
0,40 euros incl. VAT |
0,50 euros incl. VAT |
0,60 euros incl. VAT |
|
Possible paid options |
The price of the option is indicated in the order interface when the CUSTOMER selects one or communicated by the operator in the case of an order by telephone |
||
Provision of a DRIVER
| Category | Hype Lounge | Hype Lounge Van | Hype Lounge First |
|---|---|---|---|
|
Provision of a DRIVER |
60 euros incl. VAT |
70 euros incl. VAT |
80 euros incl. VAT |
Management fees
To organise the Hype Lounge service, HYPE is remunerated by Management Fees which are added to the price of transport and ancillary services:
Hype Lounge Management Fees: 15% including VAT of the total amount including VAT of transport and ancillary services
These Management fees are included in the price estimate given to the CUSTOMER by the HYPE order interface before validation of the order by the CUSTOMER.
No-show
In the event of a No-show, the No-show costs will include, in addition to the meter, the amount of ancillary services and management Fees corresponding to the Hype Lounge service level detailed in this article.
HYPE does not charge any prior subscription fees to benefit from a Subscriber Contract. Setting up a Subscriber Contract is therefore free of charge subject to acceptance by HYPE of the account opening application.
In return for the services provided by HYPE through a Subscriber Contract (priority, deferred payment, reporting, etc.), HYPE shall invoice Management Fees, the rate being specified in the specific terms and conditions of said Subscriber Contract.
The Management Fees rate applies to the total amount including VAT of transport services, ancillary services and additional services carried out by the DRIVERS and invoiced to the CUSTOMER.
The total cumulative amount of transport services, ancillary and additional services and Management Fees is payable in a single installment at the end of the service using the payment method selected by the CUSTOMER at the time of the order.
The CUSTOMER can select the desired payment method and means, from the list of available payment methods which is dependent on the CUSTOMER account settings.
The different payment methods managed by HYPE are:
Once the ride has been completed, HYPE shall send the CUSTOMER a summary email indicating the total amount of the ride carried out by the DRIVER and the charges invoiced to the CUSTOMER.
The CUSTOMER may at any time, within 6 months after the end of the ride, request or download from HYPE the invoice for the services provided.
Payments on board with the DRIVER are possible, as long as it is specified when ordering that this is the means of payment desired by the CUSTOMER.
Payments on board to the DRIVER are the responsibility of the CUSTOMER and the DRIVER who completed the ride.
Online payments by payment card are offered for any ride ordered by mobile application as long as it is specified when ordering that this is the means of payment desired by the CUSTOMER.
The CUSTOMER can register one or more payment cards on their account in order to pay for the services ordered, including any No-show costs resulting from the CUSTOMER’s absence at the time and at the pick-up address specified when ordering.
The CUSTOMER can delete a payment card previously registered on their online account at any time.
Online payments by payment card as well as CUSTOMERS’ bank details are hosted and secured by a Payment Service Provider (PSP) such as Adyen or Stripe on behalf of HYPE. Only the bank details strictly necessary for subsequent payments will be kept until the CUSTOMER account is closed, until the payment card used expires or until it is deleted by the CUSTOMER. HYPE is responsible for the transactions that take place on its electronic order interfaces, and as such manages operations, in particular refunds, cancellations and possible chargebacks.
In accordance with article L 133-8 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing information relating to their payment card, the CUSTOMER authorises HYPE to debit the account linked to their payment card for the amount corresponding to the price including tax of the services ordered from HYPE.
Deferred payments on invoice concern any CUSTOMER who has opened a Subscriber Account with HYPE and has been authorised to use this payment method, subject to having previously communicated to HYPE all the information necessary for invoicing for the services provided.
Payment by invoice allows the CUSTOMER to benefit from the grouping of rides and costs on a single invoice sent at the end of the month.
The CUSTOMER guarantees the veracity and accuracy of the information it communicates to HYPE and acknowledges that HYPE cannot be held liable in the event of an error in the CUSTOMER’s entry of their billing information.
Accounts opened with HYPE are secured by CUSTOMER personal identifiers. Consequently, any order placed on a CUSTOMER’s account is deemed to have been made by the CUSTOMER. The CUSTOMER acknowledges that HYPE may invoice and require from the CUSTOMER full payment for any ride and services ordered through this account.
Any amount unpaid by a CUSTOMER within 30 days following the contractual payment date shall automatically, and without prior notice, lead to the immediate eligibility of all the CUSTOMER’s payables to HYPE.
The outstanding sums shall become immediately due and payable, together with default interest at the rate of 3 times the legal interest rate in force, from the first day of delay beyond the contractual payment deadline, and recovery costs at the rate of 15% of the outstanding balance with a minimum of 40 euros, without prejudice to any legal action which HYPE also reserves the right to take.
HYPE reserves the right to suspend, without notice or compensation, any Subscriber Account and to cancel any ride requests made. In the event of non-payment, HYPE may also automatically terminate any current contract with the CUSTOMER.
In the event of a complaint from a CUSTOMER regarding a ride ordered from HYPE, HYPE will make its best efforts to determine the admissibility of the complaint, on the basis of the data of the order and the progress of the ride recorded by the software used and after having questioned the DRIVER if necessary.
If HYPE considers the complaint admissible on the basis of the elements at its disposal, and if relevant, a financial compensation may be offered to the CUSTOMER. This compensation may take the form of promotional codes or partial or total reimbursement of the amount including tax for the ride to the exclusion of any other compensation of any kind.
Prescribers are professionals, like hotels for example, who wish to place orders for others without necessarily knowing the destination or the specifics of the ride.
They also wish not to bear the cost of the services and wish that they be paid on board directly to the DRIVER by the CUSTOMER.
The following conditions are applicable to rides ordered by Prescribers:
The Prescriber undertakes to inform taxi potential users of HYPE’s pricing conditions, and in particular any Management Fees and Quality Pack if applicable, and to obtain prior agreement on these pricing conditions before any order. It is responsible for any possible dispute that may arise subsequently on this subject.
Payment for services must be made by the passenger, on board the vehicle, at the end of each ride, directly to the DRIVER, in cash, by payment card, or by any other means of payment accepted by the latter.
At the end of each ride, a detailed invoice is made available to the passenger who has paid for the services.
The DRIVER’s maximum wait will be limited to a maximum duration agreed with the Prescriber through a separate Subscriber Contract. The Prescriber undertakes to make its best efforts to avoid No-shows by making the end user wait and facilitating the wait in a location suitable for the appointment.
The Prescriber undertakes in the event of No-show to pay for the services ordered in the event of the passenger’s absence at the pick-up point at the time indicated when ordering or in the event of late cancellation as specified in the article 5.4.
In the event of acceptance of an order, HYPE, as part of its obligation of means, undertakes to use its best efforts to find a taxi that can complete the ride as quickly as possible, depending on the CUSTOMER’s order parameters.
HYPE shall not be liable, whether for an immediate order or for an advance order, in the event of delay by the DRIVER or inability to find a DRIVER, nor a fortiori for the indirect consequences thereof.
In particular, HYPE declines all liability in the event of taxi unavailability, resulting from external circumstances such as strikes, demonstrations, heavy traffic, poor weather conditions, road blockages.
In accordance with article L 3142-3 of the French transport code, HYPE is automatically responsible, towards the CUSTOMER, for the proper execution of the obligations resulting from the transport contract.
However, HYPE cannot be held liable if the non-performance or poor performance of the contract is attributable either to the CUSTOMER, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the service provided for in the contract, or to a case of force majeure preventing the execution of the contract under normal and expected conditions: unavailability of Hype taxis at a reasonable distance from the pick-up address, non-execution of the ride by a DRIVER for personal reasons, software breakdown or malfunction and /or telecommunications networks preventing the availability of online services, strikes, demonstrations, bad weather, traffic accidents, traffic jams of unusual magnitude, etc.
Prior to ordering, HYPE provides the CUSTOMER with an estimate of the price of the ride. This estimate is based on external tools taking into account standard traffic conditions at a given time. These estimates also depend on compliance with the order parameters indicated by the CUSTOMER. They do not take into account certain events that may occur during the ride such as: number of passengers higher than expected, intermediate destination, modification of the final destination, intermediate stop requested by the CUSTOMER for whatever reason, waiting imposed on the DRIVER before picking up or during the ride.
The CUSTOMER is solely responsible for taking into account possible contingencies and it is up to them to take a sufficient margin of precaution to avoid any delay detrimental to their activities, in particular for rides to train stations and airports.
The CUSTOMER is fully responsible for the proper use of their Hype account, in accordance with these General Terms and Conditions of Service. In particular, the CUSTOMER is legally and financially responsible for any order made using their identifiers. It is the CUSTOMER’s responsibility to ensure that no fraud has been, is or can be committed using their identifiers. If there is any doubt about potential fraud, the CUSTOMER must notify HYPE as quickly as possible in order to secure their account.
The CUSTOMER may terminate their account at any time by requesting the closure of this account through the Mobile Application via the “Account” menu, “Request account deletion”.
The CUSTOMER can also make this request by simply sending an email to HYPE at the address info@hype.taxi, sent from the email address corresponding to the account in question or via the contact form on the website www.hype.earth.
HYPE undertakes to delete data from the CUSTOMER account within a maximum period of 5 working days, with the exception of data relating to invoices and other accounting documents for which a legal retention obligation exists.
HYPE may also terminate the CUSTOMER’s registration and close their account without notice in the event of non-compliance by the latter with their contractual obligations and in particular, without this list being exhaustive, in the event of non-payment, payment incident, insufficiently funded bank account to cover the payment of the fare, fraud or actions detrimental to the commercial interests of HYPE.
Termination by either Party for any reason whatsoever does not exempt the CUSTOMER from payment of the balance of any outstanding amounts.
We use cookies for statistical and display purposes. “The term cookies is to be taken in the broad sense and covers all tracers deposited and/or read, when consulting a website, reading an email, installing or “use of software or a mobile application” according to the CNIL.
In accordance with article 38 of the French “Informatics and Freedoms” law of January 6, 1978 as amended, any natural person has the right to object, for legitimate reasons, to personal data concerning them being the subject of treatment.
To object, please send a letter to the following address:
HYPE
84, Avenue de la République
75011 Paris France
The services provided by HYPE are subject to the applicable regulations regarding the protection of personal data, including REGULATION (EU) 2016/679 OF THE PARLIAMENT AND OF THE COUNCIL of April 27, 2016 (“GDPR”) and any other legislative texts or regulations that complement or replace it.
Personal data communicated by the CUSTOMER when registering on the order interface of the site www.hype.earth or HYPE mobile applications, when ordering by email, and those collected during each ride, are obligatory and relevant for the proper functioning of the services provided by HYPE.
This information is:
In order to optimise the process of ordering services from HYPE and to ensure the monitoring of rides for quality purposes and management of CUSTOMER complaints, HYPE reserves the right to record and retain all data and information relating to accounts opened by CUSTOMERS, orders placed by mobile application, through the order interface of the website www.hype.earth, by email or by telephone, as well as rides carried out or canceled.
HYPE may use the CUSTOMER’s personal data to send them by email, by SMS, by notification on mobile applications, subject to their consent, commercial offers and information likely to interest them. In any case, the CUSTOMER has the right to object to the receipt of this information, according to the indications specified by HYPE when sending it.
Personal data is only transmitted to HYPE partners for the exclusive purposes of carrying out the Service and monitoring the commercial relationship with the CUSTOMER.
In order to ensure the security and confidentiality of personal data collected as part of the services provided by HYPE, HYPE makes its best efforts to implement organisational, technical, software and physical digital security measures to protect the personal data against alteration, destruction and unauthorised access. However, as the internet is not a completely secure environment, HYPE cannot guarantee the security of the transmission or storage of information in its databases.
In accordance with the applicable Regulations, the CUSTOMER has the right to request access, rectification and deletion of data concerning them at any time and to oppose their processing within the limits provided for by applicable legislation.
To exercise these rights, the CUSTOMER can, at their choice, either send an e-mail to info@hype.taxi from the address used on behalf of the CUSTOMER, or fill out a contact form on the website www.hype.earth, specifying the subject of the request, or send a letter to HYPE 84 avenue de la République 75011 Paris, supporting your request with proof of identity.
Furthermore, the CUSTOMER is informed of their right to register on the BLOCTEL list opposing telephone canvassing in accordance with legal provisions.
Ordering a ride or its successful completion may in certain cases generate telephone calls:
These calls may be recorded for monitoring purposes and to improve the quality of service. Access to this information is exclusively reserved for authorised Hype employees or representatives.
Recorded calls can be kept for a maximum of 6 months. These elements may be subject to the right of access or deletion of data concerning the CUSTOMER under the conditions provided for in article 10.2 above.
These General Terms and Conditions of Service are subject to change depending on HYPE’s offer. CUSTOMERS will be notified by email prior to the implementation of the new conditions.
Furthermore, HYPE reserves the right to modify, at any time and without notice, the website and/ or the order interfaces by making new functionalities available or deleting or modifying existing functionalities.
Any CUSTOMER who uses the services after the entry into force of the modified GTCS is deemed to have accepted these modifications.
HYPE owns the intellectual property rights or holds the usage rights on all elements accessible on the site, in particular texts, images, graphics, logos, icons, sounds, software.
In accordance with article L111-1 paragraph 1 of the French Intellectual Property Code, any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except prior written permission from HYPE.
Any unauthorised use of the site or one of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
These General Terms and Conditions will be governed and interpreted in accordance with French law.
Any dispute relating to the formation, interpretation or execution hereof which cannot be resolved amicably will fall under the exclusive jurisdiction of the courts within the jurisdiction of HYPE’s head office.
For any complaints, the CUSTOMER can contact HYPE Customer Service by completing a form on the HYPE website (www.hype.earth) or by contacting HYPE at info@hype.taxi.
Last update : 2024/12/01
with moderation
