2019/0417/F
EC/EFTA
FR France
  • SERV - SERVICES 98/48/CE
2019-11-27
2019-09-03

- Multimodal digital services providing the sale of mobility services (multimodal ticketing services)

- Booking offices for taxis and chauffeured private hire vehicles, ridematching services enabling car-sharing

Legislative provisions concerning the obligations applicable to multimodal digital services, ridematching services enabling car-sharing and booking offices for taxis and chauffeured private hire vehicles (VTC)

In I of Article 11 of the Mobility Law, Article L1115-8 I defines ‘multimodal digital service’ as ‘a digital service used to sell mobility, transport parking services, or services provided by a booking office’.

II, III and IV of Article L. 1115-8 states that the multimodal digital service must respect a number of obligations:

1. the obligation to have a comprehensive public mobility offer: if the multimodal digital service provides the sale of a mobility service organised by a mobility authority, it must provide the sale of all the services, of the same category, that this authority operates;

2. the obligation to select other regular or non-scheduled public transport services in a non-discriminatory manner: if the multimodal digital service provides the sale of a transport service not covered by the public offer which is the subject of the first obligation set out above, it must select the transport services belonging to the same category in a non-discriminatory manner;

3. the obligation to provide certain information to the mobility services for which it arranges sales: data necessary for generating journey statistics, the after-sales service for the fare products sold and preventing fraud.

4. the obligation to establish an information management plan concerning the services for which it arranges sales that are protected as a trade secret. The objective is to ensure that a competing service cannot access this information.

5 the obligation to implement a purchase process ensuring the quality of the multimodal digital service for the user;

6. the obligation to present the travel solutions offered to users in a transparent manner.

7. other provisions to be observed by the multimodal digital service will be specified by decree, including the guarantees required when the service collects the proceeds of sales.

Article L1115-9 stipulates that the mobility services organised by a mobility authority, transport services, booking offices for taxis and chauffeured private hire vehicles and, in some cases, ridematching services enabling car-sharing ‘must provide the multimodal digital service with an interface to allow the user to access the digital sales service’ (I bis of Article L1115-9).

With regard to ridematching services enabling car-sharing, the obligation only arises if the multimodal digital service pays car-share drivers an allowance after they offer the journey via the ridematching service (point 6 of I of Article L1115-9).

The procedures for accessing the digital sales service are laid down by an agreement between the multimodal digital service provider and the transport or mobility service manager (III of Article L 1115-8).