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TERMS AND CONDITIONS OF USE
1. OBJECT
The DROESCH company (hereinafter KIVAHOO) implements a carpool website accessible via the Internet at www.kivahoo.com and whose purpose is to connect Drivers and Passengers in order to share the costs of the car. 'a trip.
The present general conditions of use aim to frame the access and the modalities of use of KIVAHOO.
2. DEFINITIONS
In these terms, the terms
- Ad : advertisement for a Trip posted by a Driver on the site KIVAHOO;
- KIVAHOO : registered trademark;
- CGU : these Terms of Use;
- Account : account that must be created in order to become a Member and access certain services offered by KIVAHOO;
- Driver : member who owns a vehicle carrying another natural person in return for participating in the Trip Cost;
- Booking Confirmation : agreement between a Passenger and the Driver;
- User data : information about you published on you initiative on KIVAHOO;
- Operating Expenses : sum withdrawn under certain conditions by KIVAHOO;
- Member : any natural person who has created an account on KIVAHOO;
- Passenger : Member being transported;
- Cost Contribution : amount to be paid by each Passenger to the Driver;
- Place : seat reserved for a Passenger in the Driver's vehicle;
- Services : all services offered through the KIVAHOO website;
- Site : website accessible at KIVAHOO;
- Steps : stopping place for the vehicle to allow the boarding or disembarking of a Passenger;
- Route : journey between a departure place and an arrival place subject to an Ad created by a Driver on KIVAHOO and for which he proposes places for the sharing of Fees;
- Online Booking : action to book trip online by the Passenger;
- Direct reservation : trip not booked online but in direct agreement with the Driver.
3. SERVICES 3.1. The announcement

Subject to opening an account and giving accurate information, you can publish Ads on KIVAHOO.
A form invites you to enter the necessary information to understand the announcement such as the place, the date and time of departure, the stages and the place of arrival, the number of places available, the amount of participation in the Expenses by Stage and Passenger, your intention to use the highways, your acceptance to transport children, the method of processing (online payment or direct agreement with the Passenger), and some comments detailing the trip.
For any regular journey you must indicate the days of week during which the places are available as well as the number of places proposed for each of those days of week.
The system provides the possibility of integrating steps, ie places where you can board or drop passengers.
The prerequisites for publishing ads are described in the following paragraphs.
KIVAHOO reserves the right to withdraw an advertisement that does not comply with these Terms of Use;
You agree that your ad may also appear as an example on a page other than the one reserved for ads. 3.2. Booking
3.2.1. Online booking via KIVAHOO Services
The Driver may indicate in his advertisement that he does not want to book online. The latter allows the Passenger to pay directly and immediately the Trip Cost and the KIVAHOO Operating Expenses.
The Passenger validates the announcement, submits his reservation and pays the amount indicated. If the payment is accepted and valid, the Driver is always informed of the reservation and receives the Passenger's details. The Passenger must contact the Driver. The Driver must respond to the Passenger within twenty-four hours, failing which the Passenger may request a full refund and cancellation of the reservation.
3.2.2. Direct booking with the Driver
The Driver may indicate in his advertisement that he does not wish to benefit from the benefits of the online booking by KIVAHOO. In this case, the connection is done directly without prior payment. Driver and passengers can communicate via KIVAHOO. KIVAHOO will not charge any Operating Fees and payment will be made personally. KIVAHOO cannot intervene in case of dispute.
The Driver and the Passenger will not be able to benefit from any promotional advantage related to this Trip.
The Driver and the Passenger cannot give an evaluation.
The Driver and the Passenger will resolve conflicts, dispute and cancellation on their own.  
You agree that your details could be disclosed to the Driver if you are Passenger and to the Passenger if you are Driver.  
3.2.3. Nominative nature of the reservation of Place and terms of use of the Services on behalf of a third party
You acknowledge and agree that, when booking a seat through the services of KIVAHOO, your respective contact information (nickname, email address and phone numbers) that you indicated when opening your account could be disclosed to the Driver if you are a Passenger and the Passenger if you are a Driver.
During the meeting at the pick up point, the Driver and the Passenger must correspond to the information provided when booking.
The Driver may, on the occasion of the publication of an advertisement, specify and accept the carriage of a minor child. If a reservation has been made by a Member on behalf of a minor child, that Member must be the legal representative and must provide the Driver with a written authorization, provide him with proof of Identity and affiliation.

3.3. ASSESSMENTS
You agree to be evaluated by the Members who participated in the carpool.
The evaluation is possible only after having confirmed the route booked online by the site KIVAHOO, having realized it and having participated in it.
After carpooling, you can leave an assessment on Passengers or Driver depending on whether you are Driver or Passenger respectively.
As Passenger, this evaluation concerns the Driver on the following five criteria:
- Overall evaluation
- Behavior on the road
- Comfort
- Home
- Respect of the conventions
- Sympathy
- Punctuality
As Driver, this evaluation concerns the Passenger on the following three criteria:
- Respect of the conventions
- Sympathy
- Punctuality

Dimming is done by choosing the number of stars
1 star: passable
2 stars: medium
3 stars: good
4 stars: very good
As the evaluation is sufficiently encouraging or dissuasive, KIVAHOO will not interfere to arbitrate or penalise; Members have the freedom of choice.
4. REGISTRATION AND ACCOUNT CREATION
4.1. Terms of registration at KIVAHOO
Use of KIVAHOO is for individuals 18 years of age or above. Minors are not allowed to open an account on KIVAHOO and use the services.

4.2. Account creation
The opening of an account allows to consult an announcement, to deposit an announcement of proposal and to manage their own annoucements.
If the Passenger wishes to reserve a seat online, he will have to indicate a certain number of information such as Name and Surname, email address and phone number.
Without opening an account, the Passenger will not be able to leave an evaluation of the Driver.
When creating the account, you agree to provide real and accurate personal information. Special attention should be paid to information about your email address as it is the link between KIVAHOO and you. KIVAHOO cannot be held responsible for any inconvenience due to an email address error.
In order to use the services of KIVAHOO, these Terms must be read and accepted.
You agree not to divulge your password or to assign it to a third party. You are solely responsible for the use of your account until KIVAHOO has been notified of the loss of your password or breach of your account
5. FRESH
Access to and registration with KIVAHOO, as well as search, viewing and posting are free. On the other hand, the Reservation is subject to the conditions described below.

5.1. Participation in Travel Costs
The amount of the contribution to expenses is calculated according to a scale that prohibits a gainful activity.
When you publish an Ad, NOCAR limits the asking price to a maximum amount that takes into account the type of Trip into account and the distance of the Trip. This amount is purely indicative and it is up to you to modify it downwards to take the expenses into account that you actually support on the Trip. To avoid abuse, NOCAR limits the possibilities of adjusting the amount of the Expense Contribution upwards. 5.2. Operating costs
KIVAHOO holds a Fees (hereinafter, the Operating Expenses) calculated according to the amount of the Expenses Interest paid by each Passenger. By accepting these terms, you agree that the amount will be rounded up or down.

5.3. Terms of payment and repayment of the Expenses to the Conductor

5.3.1. Collection order
By using the site, you agree to mandate KIVAHOO to collect the full amount of the participation fees and the Operating Expenses paid by the Passenger at the time of booking.
You agree that no amount cashed by KIVAHOO is eligible for interest.

5.3.2. Payment of Expenses to the Conductor
As a Passenger, you have 7 calendar days to notify KIVAHOO of any defect that may entitle you to claim a refund. Failing that, KIVAHOO will find that carpooling was uneventful.
After this period, if you are the Driver, you authorize KIVAHOO to pay you the amount of the participation fee to your bank account or Paypal.
The transfer will be made on the second or third business day following your request for payment, which can only be made after the expiry of the 7 days indicated above. Payment will be made subject to the provision of bank data to KIVAHOO.
If these times are exceeded and KIVAHOO does not have your bank details for the transfer, KIVAHOO will keep the amount and owns it when will be passed a period of one year.
6. PRICING OF SERVICES
You acknowledge, as a Driver, use KIVAHOO for personal, unprofessional purposes and not to claim more than the Costs actually incurred.
You agree to divide the Fees by the number of seats offered in the vehicle including you.
You agree not to use professional vehicles (Taxi, VTC or function).  
You agree not to derive any benefit other than the sharing of Fees.
You agree to provide KIVAHOO, upon request, with any official document to ensure that these rules are correctly applied.
KIVAHOO reserves the right to suspend or close your account and terminate this contract if you carried out a commercial activity through the site KIVAHOO or if the rules defined in these Terms are not respected.
7. CANCELLATION 7.1. Terms of refund in case of cancellation
You agree not to solicit KIVAHOO for any type of cancellation, breach or delay caused by the Driver or Passenger outside of an online reservation apart from an online booking announcement.
KIVAHOO cannot be held responsible in the event of cancellation, default or delay caused by the Driver or the Passenger.
However, the cancellation of a booking made online after confirmation is subject to the refund rules below:

In the event of cancellation or cancellation of the place or the trip by the Driver, preventing the transfer, the referent Passenger is refunded in full after the conflict has been resolved and if he has informed KIVAHOO in the seven days after the scheduled date of the trip.
If a Passenger withdraws, he is reimbursed the Participation Fee he has paid after the conflict has been resolved according to the following scale:
- withdrawal period greater than 10 calendar days before the date of the journey: full refund of the amount paid;
- withdrawal period greater than 5 days and less than or equal to 10 calendar days before the date of the journey: reimbursement of 80% of the amount paid;
- withdrawal period greater than 48 hours and less than or equal to 5 calendar days before the date of the journey: reimbursement of 60% of the amount paid;
- withdrawal period greater than 24 hours and less than or equal to 48 hours before the time of the journey: reimbursement of 40% of the amount paid;
- withdrawal period less than or equal to 24 hours before the travel time: refund of 30% of the amount paid;
To claim the right to refund from KIVAHOO, the Passenger must be a member. If not, he will have to ask for the refund directly from the Driver
In case of cancellation by the Passenger before departure, the seat will be available for another Passenger.
KIVAHOO will be free to arbitrate and rule on the legitimacy of the cancellation. 7.2. retraction In compliance with article L.221-28 of the French Consumer Code, the confirmation of the booking and the fulfillment of the contract for the connection with a driver or a passenger no longer allow you to retract.
8. BEHAVIOR
8.1. User commitment
You agree to abide by the laws, regulations and obligations due to your use of KIVAHOO.
When using the KIVAHOO site you agree to:
- act in accordance with these Terms and the Privacy Policy.
- open only an Account on KIVAHOO and not do so on behalf of another person;
- do not share your details with another Member in order to bypass KIVAHOO;
- do not use KIVAHOO for a purpose other than carpooling;
- do not give KIVAHOO and other Members inaccurate information;
- not to make and publish sexual, racist, homophobic or xenophobic, violent, obscene, abusive, aggressive, defamatory, pornographic remarks on KIVAHOO ;
- not to have a threatening attitude, incitement to hatred, discriminatory or proselyte;
- not to encourage the use of illegal substances;
- not to infringe the rights and image of KIVAHOO;
- do not renegotiate the amount of the participation fee;
- not to accept or make a payment outside of KIVAHOO, except where authorized by these TOS in the case of Trips without Reservation;
8.2. Driver Commitments
In addition, when you use KIVAHOO as a Driver, you agree to:
- respect the spirit of carpooling;
- have a valid third party liability insurance covering car pooling and your Third Party Passengers inside your vehicle;
- be in possession of a valid driver's license;
- respect the rules of the road;
- to drive with vigilance, safely;
- being able to drive without having consumed alcohol or illicit products and be physically and psychologically capable of driving the vehicle;
- respect the dates, times and places of meeting in accordance with your published advertisement;
- wait for Passengers for a minimum of fifteen minutes over the scheduled time while avoiding delaying other Passengers;
- make sure that you have communicated to your Passengers any means of reaching you and as far as possible by the number indicated on the advertisement published on KIVAHOO;
- do not exceed the number of passengers corresponding to the number of seats indicated on your registration card;
- make Trips as described in the Ad published on the site KIVAHOO.
- exchange the validation codes only on arrival to the Passenger;
- keep your vehicle in perfect working order in accordance with the laws;
- to communicate to KIVAHOO or any Passenger who wishes it any document allowing him to make sure to respect these rules (driver's license, certificate of insurance, certificate of registration, certificate of technical control, obligatory vignettes);
- propose routes actually envisaged;
- use your own vehicle;
- do not use a vehicle that does not allow you to carry Passengers;
- do not use a vehicle that is not suitable for carpooling;
- take or not the highway according to the advertisement you have published;
- be able to present any document proving your identity;
- be able to present any document allowing you to cross borders in case of cross-border travel;
- not to transport passengers without identity papers or illegally in case of cross-border journeys;
- not to transport objects whose nature, possession and / or transport are contrary to the laws in force;
- to inform without delay and before the appointment time your Passenger of any delay, impediment or cancellation.

8.3. Passenger Commitments
As a Passenger, you agree to: - do not interfere with the concentration or conduct of the Conductor;
- do not disturb other passengers;
- respect the Driver's vehicle and its cleanliness;
- inform the Driver without delay and before the appointment time of any delay, impediment or cancellation;
- pay the Driver the agreed amount;
- wait for the Driver at the meeting point at least 15 minutes over the agreed time;
- to communicate to KIVAHOO or to the Driver who wishes it any document allowing him to verify your identity;
- not to transport objects whose nature, possession and / or transport are contrary to the laws in force;
- be able to present any document allowing you to cross borders in case of cross-border travel;
- make sure that you have communicated to the Conductor any means of reaching you and as far as possible by the number indicated in the advertisement published on KIVAHOO;
- be responsible for compliance with these rules by the Passengers on whose behalf you have made the booking.
Failure to comply with these rules will endanger you to the suspension of your account, the termination of these Terms and the limitation of access to KIVAHOO.
9. SUSPENSION AND TERMINATION 9.1. Termination of your wishes
You can close your account at any time after making sure you have removed all your ads and resolved any outstanding litigation. 9.2. Termination by KIVAHOO
KIVAHOO reserves the right to suspend or close your account, to delete any advertisement published by you and to limit you to the Site in case of:
- non-compliance by you with these Terms of Use and the obligations described in the preceding paragraphs;
- breach of KIVAHOO site and its members.
10. PERSONAL DATA
In connection with the use of the site and opening an account to register as a Member of the community, you authorize KIVAHOO to process your personal data in accordance with the applicable law and the Privacy Policy.
11. PROMOTIONAL OFFERS
KIVAHOO may sometimes offer promotional offers in the form of gifts directly or through third-party companies. These gifts are awarded under certain conditions defined by KIVAHOO.
Promotional offers of the moment are described in a separate chapter accessible by a visible link on the home page of the site KIVAHOO;
12. INDUSTRIAL AND INTELLECTUAL PROPERTY
As a reminder KIVAHOO is a registered trademark.
The Industrial Property Law applies to all content, code and database.
KIVAHOO grants you a personal license, neither assignable nor exclusive of use for a private non-commercial use and in accordance with these Terms;
Any other use different from its definition (ie reproduction, modification, distribution, extraction of data, decompilation, code collection ...) is prohibited without the authorization of KIVAHOO.
13. LEGAL NOTICE
kivahoo.com is edited by DROESCH AE, immatriculé au Registre du Commerce et des Entreprises de Créteil, sous le numéro SIRET 80454260300019 représenté par Alain Droesch.
The Site is hosted on OVH2 Rue Kellermann, 59100 Roubaix, France servers.





Version updated on february 11, 2019