Terms of sale and use

The website Navetto.ma (hereinafter “Navetto”, “the Platform”, “we” or “our”) is operated by:

Legal name

Navetto

Legal form

[To be completed]

Registered office

Centre-Ville, Rue de la Foire, Agadir 84000 – Morocco

RC

[To be completed]

ICE

[To be completed]

Tax ID (IF)

[To be completed]

Email

Info@navetto.ma

Phone

+212636857340

These Terms of Sale and Use (“Terms”) set out the conditions under which users may use Navetto.ma and book transport through the Platform.

Before publication, all identification details above must be completed with the operator’s exact legal information.

In these Terms:

• “Customer” means any person making a booking through Navetto.
• “Provider” means the driver, carrier, transport company or other independent professional who physically performs the transport.
• “Navetto” means the company operating the Platform.
• “Platform” means the Navetto.ma website and any associated tools, applications or interfaces.
• “Booking” means the transport request made by the Customer and confirmed in accordance with these Terms.
• “Transport service” means the physical transport provided by the Provider.
• “Intermediation service” means the service provided by Navetto consisting in particular of presenting, arranging or facilitating the connection between the Customer and the Provider.
• “Special conditions” means the conditions specific to a given booking, including the route, date, time, vehicle category, number of passengers and bags, price, waiting conditions and cancellation conditions displayed before confirmation.

3.1 Intermediary only

NAVETTO provides a digital intermediation service enabling the Customer to search for, book and, where applicable, pay for a transport service physically performed by an independent professional Provider.

Unless expressly stated otherwise before booking, NAVETTO is not the contractual carrier and does not physically provide the transport.

Navetto:

• does not drive the vehicles;
• is not necessarily the owner of the vehicles;
• is not necessarily the employer of the drivers;
• does not directly control the driving of the vehicle;
• does not stand in for the Provider in performing the transport.

Transport is physically performed by the Provider identified or assigned to the booking.

The identity of the Provider responsible for performing the transport is communicated to the Customer no later than before performance of the service, according to the arrangements applicable to the booking.

3.2 Relationship with the Provider

The Provider is an independent professional and remains responsible for the physical performance of the transport within the limits of the regulations applicable to it.

The Provider is in particular responsible for holding the authorisations, licences, permits, insurance and documents required to carry on its activity.

Navetto may carry out documentary checks as part of its listing process, without those checks constituting a permanent guarantee of compliance or transferring the Provider’s regulatory obligations to Navetto.

3.3 Limits of Navetto’s role

Navetto may facilitate booking, communication and, where applicable, payment for the service, without that turning Navetto into a carrier.

The fact that the Customer pays the price through Navetto, that a confirmation is issued by Navetto, or that Navetto facilitates communication between the parties is not, by itself, sufficient to make Navetto the contractual carrier.

This characterisation does not, however, prevent liabilities that may legally fall directly on Navetto by reason of its own acts, obligations or faults.

These Terms are drawn up in accordance with the law applicable in the Kingdom of Morocco.

They are interpreted in particular in light of the applicable rules on consumer protection, distance contracts, electronic commerce, electronic evidence and the protection of personal data.

The following may in particular apply, depending on the nature of the services concerned:

• Law No. 31-08 enacting consumer protection measures;
• Law No. 53-05 on the electronic exchange of legal data;
• Law No. 09-08 on the protection of individuals with regard to the processing of personal data;
• as well as the legal and regulatory provisions applicable to Providers, vehicles, drivers, insurance, authorisations and the various categories of transport offered on the Platform.

Each party remains responsible for complying with the legal and regulatory obligations personally applicable to it.

Navetto’s characterisation as an intermediary must be assessed in light of its actual operation, its contracts with Providers and the effective booking, payment and invoicing flow.

This list does not limit the rules legally applicable to Navetto, the Customer or the Provider.

Mandatory applicable provisions prevail over any contrary stipulation of these Terms.

The intermediation contract between the Customer and Navetto is formed when the Customer accepts these Terms and the booking is confirmed in accordance with these Terms.

Where the booking model provides that the Transport service is contracted directly between the Customer and the Provider, the Provider remains the professional responsible for the physical performance of the transport.

The role of each party, the relevant Provider and the applicable special conditions are indicated or made accessible to the Customer no later than before performance of the transport.

Before confirming a booking, the Customer must be able to consult these Terms.

Confirmation means that the Customer:

• has read the Terms;
• accepts them;
• provides accurate information;
• accepts the special conditions displayed at the time of booking.

The Customer must tick a non-pre-ticked acceptance box:

Navetto retains, for the applicable period, the elements needed to establish the version of the Terms accepted, the date and time of acceptance, the booking reference and the data needed to prove the transaction.

The Customer must provide all information needed to complete the booking.

This information may in particular include:

• first and last name;
• phone number;
• email address;
• date;
• time;
• pick-up location;
• destination;
• flight number;
• number of passengers;
• number of bags;
• vehicle category;
• special requests.

The Customer warrants the accuracy of the information provided.

A booking may be refused, suspended or cancelled in particular where it presents:

• clearly false information;
• a material inconsistency;
• a risk of fraud;
• a payment problem;
• unavailability of the Provider;
• a practical or legal impossibility.

The essential characteristics of the service must be presented to the Customer before the Customer is bound.

A booking is treated as confirmed after Navetto issues a confirmation and, where advance payment is required, after payment is validated.

The Customer must check:

• the date;
• the time;
• the location;
• the destination;
• the number of passengers;
• the bags;
• the flight information.

Any error must be reported immediately.

Confirmation is sent on a medium allowing the Customer to keep and reproduce it.

It may in particular contain:

• the booking reference;
• the price;
• the times;
• the waiting rules;
• the cancellation conditions;
• the available information concerning the Provider.

The applicable price is the price displayed before confirmation of the booking.

The price may depend in particular on:

• the route;
• the date;
• the time;
• the number of passengers;
• the vehicle category;
• the special conditions.

Where applicable, foreseeable taxes, tolls, fees and supplements are indicated to the Customer before the Customer is bound.

Additional charges may be applied where they correspond to a request or situation provided for at the time of booking, in particular:

• extra waiting;
• a substantial change of itinerary;
• a change of destination;
• an extra stop;
• extra passengers;
• extra or oversized bags;
• a special service.

Where Navetto collects all or part of the price on behalf of the Provider, that capacity is specified in the booking flow or the applicable contractual documents.

The issuer of the invoice and the tax treatment of the price, taxes and, where applicable, the intermediation commission are determined in accordance with the economic model actually used and the applicable legal obligations.

Payment may be made by the means offered on Navetto.ma.

Where payment is made on behalf of a Provider, Navetto may act as intermediary or collection agent according to the agreements concluded with the Provider.

Where payment is processed by a third-party payment provider, Navetto does not necessarily retain the Customer’s full bank details.

Navetto may apply fraud-control and prevention measures.

In the event of refused, cancelled, unauthorised or disputed payment, Navetto may suspend or cancel the booking, subject to the rights legally applicable to the Customer.

Any change request must be made as early as possible.

A change is valid only after confirmation by Navetto.

A change may result in:

• a price difference;
• the application of new conditions;
• an impossibility where the Provider is no longer available.

Navetto does not guarantee any change where the request is made too late.

Unless special conditions are displayed at the time of booking:

• More than 48 hours before departure: refund of 100% of the amount paid for the relevant service.
• Between 24 and 48 hours before departure: refund of 50% of the amount paid.
• Less than 24 hours before departure: the booking is normally non-refundable.

Time limits are calculated by reference to the local date and time of the pick-up location stated in the booking.

The cancellation request is deemed received on the date and at the time of actual receipt through the cancellation channel indicated at the time of booking.

Certain services may provide different conditions, which are displayed before confirmation.

These conditions are always applied subject to applicable mandatory legal provisions.

Where the booking concerns an airport pick-up, the Customer must provide an accurate flight number when that information is requested.

Navetto may use available flight information to facilitate coordination.

Navetto does not guarantee the accuracy, availability or continuity of information from airlines, airport systems or other external sources.

In the event of a flight delay or change, the Customer must inform Navetto as soon as possible.

The Provider’s waiting time is limited in accordance with the conditions indicated at the time of booking.

Any extra waiting attributable to the Customer may give rise to charges where those charges were provided for and communicated.

Navetto cannot be held liable for incorrect, late or unavailable flight information originating exclusively from a system or a third party where it does not result from a failure of Navetto’s own.

If the airline cancels the flight, the Customer must contact Navetto as soon as possible.

A flight cancellation does not automatically mean a free cancellation of the booking.

The financial consequences are determined according to:

• the applicable cancellation conditions;
• the time at which Navetto is informed;
• the Provider’s conditions;
• mandatory legal provisions.

Navetto may, at its commercial discretion, offer a commercial gesture or a booking change without that constituting a standing obligation.

The Customer must present themselves at the stated time and place.

The Provider has a waiting time in accordance with the booking conditions.

Where the Customer arrives after the complimentary waiting time has expired, the service may:

• be maintained subject to waiting charges;
• be rearranged subject to availability;
• be treated as a No-Show.

The complimentary waiting period and any extra rates are indicated before confirmation of the booking.

The following in particular is treated as a “No-Show” on the part of the Customer:

• failing to attend;
• being unreachable;
• providing a wrong meeting place;
• leaving the location before the Provider arrives;
• failing to follow reasonable pick-up instructions.

After expiry of the applicable waiting period and after reasonable attempts to make contact where those attempts are possible, the booking may be closed as a No-Show.

No refund is due where the absence is attributable to the Customer, subject to applicable legal provisions.

In the event of a driver delay, the Customer must contact Navetto as soon as possible.

Navetto may:

• contact the Provider;
• check the Provider’s status where information is available;
• pass on useful information to the Customer;
• look for an alternative solution where reasonably possible.

Navetto does not guarantee a maximum replacement time.

Navetto does not guarantee that another vehicle will be immediately available.

Delays resulting in particular from traffic, an accident, a breakdown, an access difficulty, an address error, incorrect information from the Customer or an event independent of Navetto cannot be attributed to Navetto where they do not result from a failure of Navetto’s own.

Navetto remains responsible for its own intermediation obligations.

If the driver does not attend, the Customer must:

• remain at the meeting point;
• check the instructions;
• remain reachable;
• contact Navetto immediately.

Navetto will make reasonable efforts to contact the Provider and look for a solution.

Navetto does not guarantee that a replacement will be available.

The availability of another Provider depends in particular on demand, location, time, traffic and available capacity.

Where the Provider does not attend and no alternative solution accepted by the Customer can be provided, the price corresponding to the unperformed service is refunded where it is due under the contract or applicable law.

This provision does not limit the other mandatory rights the Customer may enjoy.

Where an alternative solution is available, Navetto may offer it to the Customer.

The solution may be provided by another Provider.

Navetto does not guarantee that the replacement vehicle will be strictly identical to the one originally booked, subject to compliance with the essential characteristics and applicable legal obligations.

Where the Customer accepts a more expensive alternative solution, the price difference must be communicated before acceptance.

Where transport is not performed because of an event attributable exclusively to the Provider or to a circumstance external to Navetto, Navetto is not automatically liable for expenses incurred by the Customer with third parties.

This includes in particular:

• taxi;
• hotel;
• train;
• plane;
• meals;
• vehicle hire;
• loss of wages;
• loss of turnover;
• professional expenses;
• ticket-change fees;
• loss of a booking;
• other indirect costs.

This exclusion does not apply where an expense is the direct consequence of a failure of Navetto’s own, or where compensation cannot legally be excluded or limited.

The Customer must correctly declare the number and nature of their bags.

Bulky or special items must be reported before booking.

This includes in particular:

• pushchairs;
• wheelchairs;
• sports equipment;
• boards;
• bicycles;
• musical instruments;
• animals;
• oversized bags.

Restrictions relating to bags and vehicle capacity must be accessible before confirmation.

In the event of incorrect or incomplete information, the Provider may refuse a bag where its carriage is incompatible with the vehicle’s capacity or safety rules.

The Customer must behave respectfully and in accordance with safety rules.

It is in particular forbidden:

• to damage the vehicle deliberately;
• to threaten or assault the driver;
• to carry prohibited items;
• to smoke where smoking is forbidden;
• to deliberately endanger other passengers.

In the event of dangerous or illegal behaviour, the Provider may interrupt the service where necessary to ensure safety.

Financial consequences resulting from wrongful conduct by the Customer may be charged to the Customer within the limits authorised by law.

The Customer must report any particular need concerning children or safety equipment.

Where a child seat is required, the Customer must select the available option where it is offered.

Navetto does not guarantee the availability of equipment that has not been requested and confirmed.

Legal obligations relating to safety devices must be complied with by the persons on whom they fall.

Animals may be carried only where the selected Provider and vehicle accept them.

The Customer must declare the presence of an animal before booking.

The special conditions relating to animals must be complied with.

The Customer is responsible for checking their personal belongings before leaving the vehicle.

Navetto may pass on a search request to the Provider.

Navetto does not guarantee recovery of a forgotten item.

Unless liability is legally established, Navetto is not responsible for the loss, theft or deterioration of an item left in a vehicle.

The Provider’s material liability concerning found, stored or returned items remains governed by the rules applicable to the Provider.

The Provider remains responsible for the physical performance of the transport in accordance with the regulations applicable to it.

The Provider is in particular responsible for:

• driving;
• the vehicle;
• the safety of the transport;
• its professional authorisations;
• its insurance;
• its legal obligations;
• its professional conduct.

Navetto may request from Providers the supporting documents needed concerning their licences, authorisations, permits, insurance and regulatory documents.

Navetto may suspend or deactivate a Provider where it finds or reasonably suspects the expiry, absence or irregularity of a document needed to perform the transport.

Navetto acts primarily as an intermediary.

Navetto is liable for its own obligations on the terms provided by law.

Navetto is not liable for damage resulting exclusively from an act of the Provider, the Customer or a third party, or from an external event not attributable to it, except where a contrary mandatory legal provision applies.

Navetto cannot in particular be liable for damage caused exclusively by:

• the Provider’s driving;
• an accident;
• a breakdown;
• an offence by the Provider;
• a delay by the Provider;
• an error by the Provider;
• a decision by the Provider;
• unavailability of the vehicle;
• exceptional traffic;
• a road closure;
• an event independent of Navetto.

This limitation does not apply where the damage results from a fault, a failure or an obligation of Navetto’s own.

Where Navetto’s liability is legally engaged, it is liable only for damage personally attributable to it, within the limits permitted by applicable law.

No stipulation of these Terms is intended to, or has the effect of, excluding or limiting a liability that cannot legally be excluded or limited.

Navetto cannot be held liable for a delay or non-performance resulting from an event reasonably beyond its control where that event has the characteristics of force majeure provided by applicable law.

The following may in particular be concerned, depending on the circumstances:

• natural disasters;
• floods;
• earthquakes;
• fires;
• exceptional weather;
• epidemics or pandemics;
• war;
• riots;
• terrorist acts;
• strikes;
• administrative restrictions;
• airport closures;
• road closures;
• decisions of the authorities;
• major transport disruptions;
• widespread telecommunications outages;
• IT incidents affecting third-party providers;
• failures of external systems.

A technical incident, a cyberattack or an IT outage does not automatically constitute a case of force majeure.

Navetto endeavours to ensure the availability of the Platform.

However, Navetto does not guarantee permanent and uninterrupted operation.

The Platform may be temporarily unavailable in particular because of:

• maintenance;
• updates;
• a technical failure;
• hosting problems;
• network problems;
• failures of third-party providers;
• force majeure events.

Navetto cannot be liable for the consequences of an interruption that does not result from a failure personally attributable to it.

Navetto may use third-party services, in particular for:

• payment;
• mapping;
• communication;
• flight information;
• hosting;
• sending emails or SMS.

Navetto does not guarantee the permanent availability or accuracy of the services provided by those third parties.

Where the operation of a third-party service affects a booking, Navetto may take reasonable measures to limit the consequences for the Customer.

Navetto may take all reasonable measures needed to prevent or detect fraud and misuse.

In the event of a reasonable suspicion of fraud, Navetto may in particular:

• suspend a booking;
• request additional information;
• refuse a transaction;
• limit access to the Platform;
• cancel a booking where justified.

This provision applies subject to the Customer’s rights and applicable law.

Any difficulty must be reported to Navetto as soon as possible.

The Customer must provide:

• their booking number;
• their contact details;
• the date and time of the journey;
• the location concerned;
• the precise circumstances;
• any available supporting documents.

Complaints relating to the physical performance of the transport may be passed on to the relevant Provider.

Navetto may provide administrative or commercial follow-up of the complaint.

The legal limitation or complaint periods applicable to the Customer remain preserved.

In an emergency or immediate danger, the Customer must first contact the emergency services or the competent authorities.

Where a refund is due, it is made using the payment method used at the time of booking, where technically possible.

Refund credit times may depend on the bank or payment provider.

Navetto cannot be held liable for a delay attributable to the banking system or the payment provider.

Where Navetto collects on behalf of a Provider, processing of the refund may also depend on the settlement arrangements between Navetto and the Provider, without prejudice to the Customer’s right to a refund where it is legally or contractually due.

Electronic data and records generated in the course of using Navetto may constitute evidence between the parties, subject to their admissibility, integrity and applicable rules of evidence.

This may in particular include:

• booking confirmations;
• emails;
• SMS;
• messages;
• booking histories;
• connection data;
• information entered by the Customer;
• technical data;
• exchanges with customer service;
• traces of acceptance of the Terms;
• data relating to payment and refunds.

Navetto implements reasonable means to ensure the retention and integrity of the necessary elements.

Navetto processes personal data in accordance with its Privacy Policy and applicable Moroccan regulations, in particular Law No. 09-08.

Data may be communicated to Providers and technical providers where necessary to perform the booking.

The Privacy Policy specifies in particular:

• the purposes of processing;
• the data controller;
• the categories of data;
• the recipients;
• retention periods;
• security measures;
• any transfers of data;
• the rights of data subjects;
• how those rights may be exercised.

Where formalities with the CNDP are required, Navetto completes the applicable steps before implementing the processing concerned.

A separate Cookie Policy may specify the use of cookies and similar technologies.

All elements of Navetto.ma, in particular:

• trade mark;
• name;
• logo;
• texts;
• images;
• graphics;
• interface;
• structure;
• databases;
• software;

are protected by the applicable rights.

Any unauthorised reproduction or exploitation is prohibited.

The Customer undertakes not to use information obtained through Navetto in order to fraudulently circumvent the Platform, in particular in order to avoid paying the fees or commissions normally applicable.

This prohibition does not affect the mandatory rights recognised to the Customer by law.

Navetto may evolve, change or discontinue certain Platform features.

Changes do not affect bookings already confirmed, except where necessary for legal, security, technical or force majeure reasons.

Where a change substantially affects an already confirmed booking, Navetto takes, where reasonably possible, the measures needed to inform the Customer.

Navetto may change these Terms in order to take account in particular of:

• a change to its services;
• a technical change;
• a regulatory change;
• security measures;
• a commercial change.

The version applicable to a new booking is the version published at the time of the booking.

Changes do not apply retroactively to bookings already confirmed where that is not legally permitted.

The version of the Terms applicable to each booking is retained or made accessible to the Customer for the necessary period.

If a provision of these Terms is declared invalid, illegal or unenforceable, the other provisions remain applicable.

The provision concerned will, where legally possible, be interpreted or replaced so as to preserve its original purpose as far as possible.

No provision may, however, be interpreted so as to deprive the Customer of a right that the Customer cannot legally waive.

Navetto’s failure to immediately exercise a right provided in these Terms does not constitute a definitive waiver of that right.

These Terms are governed by Moroccan law, subject to any mandatory provisions that may apply to the Customer.

Moroccan provisions relating in particular to consumer protection, distance contracts, electronic commerce, electronic evidence and the protection of personal data remain applicable on the terms provided by law.

Where mandatory provisions of another jurisdiction are legally applicable to the Customer and cannot be excluded by agreement, they remain applicable to the extent required by law.

In the event of a dispute, the Customer is invited to contact Navetto in order to seek an amicable solution before any court proceedings.

Email

Info@navetto.ma

Navetto will examine the request and may seek the necessary information from the relevant Provider.

Navetto will endeavour to respond to complaints within a reasonable time given their nature and any checks that may be required.

44.1 Competent courts

Failing an amicable resolution, any dispute relating to these Terms, to the use of Navetto.ma or to the intermediation service provided by Navetto will be submitted to the competent Moroccan courts, subject to the mandatory rules of jurisdiction applicable to the Customer.

Where the law allows the parties to agree on a court, the parties agree to submit the dispute to the competent courts of the district of Navetto’s registered office.

Registered office

Agadir – Morocco

This clause cannot have the effect of depriving a consumer of a mandatory right recognised by law.

44.2 Contact

NAVETTO.MA

Email

Info@navetto.ma

Phone

+212636857340

Address

Centre-Ville, Rue de la Foire, Agadir 84000

Website

Navetto.ma

44.3 Final acceptance

Before confirming a booking, the Customer must be able to consult these Terms and accept them expressly.

• I have read and accept the Navetto.ma Terms of Sale and Use.
• I accept the special conditions applicable to my booking.

Where payment is made immediately, the confirmation button must clearly indicate that the order entails an obligation to pay.

Confirmation of the booking results in that acceptance being recorded in accordance with the applicable rules.

Navetto retains the version of the Terms applicable to the booking and the elements needed to establish the Customer’s acceptance, within the limits provided by applicable regulation.