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GENERAL CONDITIONS OF USE

  

1.          General information - Legal information

 

The "Onepark" website and mobile application are published by the company Onepark, a simplified joint stock company with a capital of 48,410 euros, registered with the RCS of Paris under the number 790 272 033, whose head office is located at 10, rue Chaptal, 75009 Paris and whose VAT number is FR 20 790 272 033 ("Onepark"). The publication director is Gilles Latouche.

 

Onepark is an online platform operator which offers an online public communication service based on (art. L. 111-7, I C. conso) (i) the classification and referencing, by means of computer algorithms, of Partner Car Parks on the Website and the Application (as these terms are defined hereafter), as well as (ii) the establishment of relations, with a view to providing the Service, between Users and Partner Car Parks.

 

In addition, Onepark collects, moderates or distributes online reviews from Users. In this respect, Onepark provides Users with "fair, clear and transparent information on the publication and processing of online reviews" in accordance with the legal provisions in force. The User wishing to post a review on a Partner Car Park is invited to refer to the Charter of customer reviews and recommendations.

 

The website is hosted by AMAZON WEB SERVICES EMEA SARL, 31 Places des Corolles, Tour Carpe Diem, 92400 Courbevoie, FRANCE, in Amazon Web Services data centres located in Ireland.

 

2.          Definitions

 

Words and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural:

 

- "Subscription" or "Monthly Rental": means the Reservation of a Parking Space for a minimum period of one (1) month and with no time limit, with the possibility of cancellation at any time in accordance with Article 10 below.

 

- Application": means the mobile application software developed by Onepark and available on the Appstore and GooglePlay online download platforms.

 

- "GTC": means these general terms and conditions of use and any documents supplementing them.

 

- "GTC" or "General Terms and Conditions of Sale": refers to the conditions for reserving and making available a Parking Space specific to each Partner, including the Partner Car Parks, in return for payment by the User.

 

- Personal Account": means the account created by each User on the Site or the Application in order to access the Services.

 

- Reservation Confirmation Email": means the contractual document received by the User electronically confirming and summarising the Reservation made, the amount paid by the User, the information necessary for the smooth running of the parking in the Partner Car Park as well as the cancellation or termination conditions.

 

- "Parking Space": means any parking space offered by a Partner via the Site and the Application in a Partner Car Park.  

 

- "Partner Car Park Sheet": means the sheet(s)/page(s) specific to each Partner Car Park, which specifies in particular the location of the Partner Car Park, the access and exit conditions, and where applicable, the Parking Spaces dedicated to the Reservation.

 

- Fixed Price" or "Hourly/Daily Parking": means the Reservation of a Parking Space for a limited period of time.  

 

- Login Details": means the email address and password that allow each User to log in to their Personal Account.

 

- Partner": means any type of operator, private or public, having concluded a partnership contract with Onepark concerning the provision of Parking Spaces via the Onepark Solution.

 

- "Parking Partner": means any public or private car park offering to provide Parking Spaces via the Site or the Application.

 

- "Reservation": means the act of reserving a Subscription or a Package in a Parking Space by the User via the Website or the Application, and the resulting contract for the temporary provision of a Parking Space between the User and the Parking Partner.

 

- Service": refers to the service(s) offered by Onepark or its Partners via the Website or the Application which allows any User to reserve a Parking Space in a Car Park in order to park a motor vehicle.

 

- Site": refers to the Internet site accessible at www.onepark.co, www.onepark.fr or all of their sub-domains as well as all of its elements and content (graphic charter, frames, banners, flash and video animations, source code, html programming code, etc.).

 

- Onepark Solution": refers to all the technology developed and services offered by Onepark via the Website and the Application.

 

- User": means any natural person using the Site or the Application to make a Reservation for a Parking Space with a view to parking a motorised land vehicle.

 

3.          Purpose and acceptance of the T&Cs

 

The purpose of the TOU is to define the general conditions of use of the Site, the Application and the Services offered therein.

 

The use of the Onepark Solution and the making of any Reservation are subject to the acceptance of the present GTU. When creating a Personal Account and for each Reservation, the User is invited to read and accept the GCU before continuing to use the Application and the Website. Acceptance of the GTCU is full, complete, indivisible and without reservation.   

 

In the event of any contradiction between the T&Cs and the Booking Confirmation Email, the T&Cs shall prevail.

 

Onepark reserves the right to adapt or modify at any time the terms of the GTU, the functionalities offered on the Website and the Application or their operating rules.

 

When the modification occurs after the start of a Package, the modification does not apply to the current parking. However, it does apply to current Subscriptions and will be enforceable against Users from the day on which the said modification is brought to their attention.

 

4.          Presentation of Onepark's activity and services

 

Onepark is a digital service provider which provides Partners and Users with the Onepark Solution in order to allow Users to reserve Parking Spaces in Partner Car Parks.

 

The Onepark Solution is composed of a technology including software and equipment allowing the following services to be offered

 

-       the list of partner car parks near an address or point of interest; 

-       consultation of the availability and prices of the Parking Spaces offered by the Partner Car Parks;

-       Reservation of Parking Spaces offered by the Partners;

-       secure and encrypted payment of any Reservation by debiting the credit card entered in the Personal Account or at the time of the Reservation;

-       on the Application, the User's geolocation and GPS guidance to the Partner Car Park in which a Parking Space has been reserved, subject to the smartphone's compatibility with this service, the activation of geolocation data and the fulfilment of all the necessary technical conditions (in particular the availability of the signal); and

-       a help centre for all questions related to the Services provided by Onepark or its Partners.

 

Onepark establishes the Partner Car Park Sheets from information communicated by the Partners. Even if it makes every effort to ensure the reliability of this information, Onepark cannot guarantee its topicality, accuracy or exhaustiveness.

 

Onepark has no control whatsoever over the Partner Car Parks and Parking Spaces proposed by the Partners, in particular, as to their quality, maintenance conditions or security conditions. It reserves the right to derefer Partner Car Parks in the event that they no longer meet Onepark's criteria and/or a Partner is in breach of its obligations to Onepark.

 

By making a Fixed Price or Subscription Reservation via the Website or Application for a Parking Space in a Partner Car Park, the User contracts directly with the concerned Partner for which Onepark is only an intermediary.

 

Onepark cannot guarantee that the Website, the Application and the Services offered therein will be accessible at any time without interruption or breakdown, as access to the latter may be suspended for evolutionary or corrective maintenance, technical or computer difficulties or circumstances beyond Onepark's control.

 

Onepark also does not guarantee that the Website and Application will be free of anomalies, errors or bugs, nor that these can be corrected, nor that the Website or Application will be compatible with the User's equipment or its configuration.

 

5.          Personal Account

 

In order to access all the Services, the User must first create a Personal Account. On this occasion, the User must provide information on the Site or the Application that allows him/her to be identified (surname, first name, postal address, date of birth, mobile telephone number, etc.), communicate a valid e-mail address, which will serve as a connection identifier, and choose a connection password (together, the "Identification Elements").

 

The User must also, at the time of his first Reservation, register his payment details, namely the number, expiry date and visual cryptogram of the bank card to which the amount of a Reservation for a Package or the monthly amounts for a Subscription and any associated additional fees will be debited.

 

The User is obliged to update his Identification Elements and undertakes not to communicate incorrect or false information when creating or updating his Personal Account.

 

The Connection Identifiers are specific to the User and reserved for his/her personal use. Consequently, the User undertakes not to communicate the Login Information to a third party. In any case, any act carried out with the User's Login Information will be considered as having been carried out by the User and under his responsibility. The User therefore acknowledges that he/she is fully responsible for the use of his/her Login Information or Personal Account.

 

In the event of unauthorised use of a User's Connection Identifiers or Personal Account by a third party, Onepark's responsibility cannot be engaged towards the User concerned and the latter must inform Onepark of this situation without delay, by email to: [email protected].

 

The User may request the deletion of their Personal Account at any time by sending an email to Onepark's customer service at [email protected]. The deletion of the Personal Account will only take place at the end of any transaction or any Reservation in progress.

 

6.          Reservation of a Parking Space

 

6.1       Reservation

 

The User has the possibility of making Reservations via his Personal Account, on the Site and/or the Application, for a Fixed Price and/or a Subscription applicable to a Parking Space offered by Partner Car Parks.

 

Onepark systematically proposes to the User a list of Partner Car Parks with available Parking Spaces according to the duration chosen by the User (Subscription or Fixed Price), and classified (i) either according to the distance separating them from the address given by the User; the closest Partner Car Parks in terms of distance being proposed by priority over the more distant Car Parks, (ii) or according to price (in ascending order); the User can choose the classification filter that suits him/her on the Site or the Application, (iii) or according to relevance. The aim of this sorting by relevance is to highlight a selection of Partner Car Parks that stand out for the excellent quality of their services and a competitive quality/price ratio. The selected Partner Car Parks can then be indicated on the results page by a blue box and an "Our selection" label. They are displayed at the top of the results and replace the default sorting.

Onepark specifies that it is remunerated by the Partners in the context of the proposed Service, and that this remuneration is likely to influence the referencing or ranking of the offers of the Partner Car Parks. In the same way, Onepark maintains capital links with certain Partners without these links having any influence on the referencing or ranking of the offers of the Partner Car Parks.

 

For any Reservation of a Parking Space, the User must (i) specify whether he wishes to subscribe to a Fixed Price or a Subscription and (ii) enter the date and, if applicable, the time of the start of his Reservation, the type of vehicle, the number plate of the vehicle that will access the reserved Parking Space, as well as the bank card or any other means of payment that will be used to pay for the Reservation (the card or means of payment registered in the Personal Account being indicated by default). If the User wishes to subscribe to a Package, he/she will also indicate, at the time of the Reservation of the Parking Space, the duration of his/her Reservation and, if applicable, if it is a reservation in an airport zone, the outbound and/or return flight number, the origin, the meeting place, the number of passengers, the date and time of the planned landing).

 

The User undertakes to park in the Parking Space only the vehicle identified at the time of the Reservation (model and number plate).

 

Each validated Reservation is the subject of a Reservation Confirmation Email sent to the User.

 

Any change of vehicle and/or number plate must be brought to Onepark's attention as soon as possible by contacting Onepark's support by email at the following address: [email protected]. The User acknowledges that the change of number plate is only possible in certain Car Parks, as specified in the Car Park Sheet of the concerned Car Park. In addition, the User agrees not to park two different vehicles on the same Reservation, which is dedicated to the only vehicle identified (model and number plate).

 

The User acknowledges that access to the Partner Car Park may be refused in the event that the vehicle wishing to access the Car Park is not the one indicated on the Reservation or indicated to the Onepark support service.

 

Furthermore, the parking of a vehicle that is not indicated on the Reservation may lead to the temporary or permanent suspension of a user's access to the Service and therefore to the deletion of his/her Personal Account.

 

Information specific to each Car Park Partner (type and height of authorised vehicles, access and exit conditions, cancellation conditions, etc.) is mentioned during the Reservation process on the relevant Car Park Partner's Card and, where applicable, in the General Terms and Conditions of Sale specific to each Car Park Partner. It is the User's responsibility to read the information on the Car Park Partner Page and the General Terms and Conditions of Sale prior to validating the Reservation, as their acceptance is necessary for the validation of the Reservation.

 

Any Reservation implies, in addition to the acceptance of these GTC, the full and complete acceptance of the General Terms and Conditions of Sale of the Partner concerned and, where applicable, the internal regulations of the Partner Car Park concerned.

 

6.2       Cancellation

 

The User may cancel his or her Reservation free of charge until the expiry of the period indicated on the Partner Car Park's Card and in the Reservation Confirmation Email, provided that he or she has not already accessed the Partner Car Park.

 

In the event of cancellation after this period, the amount prepaid by the User shall be retained by the Partner concerned, subject to the provisions relating to the right of withdrawal.  

 

6.3       WITHDRAWAL

 

6.3.1    Statutory withdrawal period    and right of withdrawal

 

Any User who has made a Reservation has, in accordance with the law, and provided that he is a non-professional individual, a withdrawal period of fourteen (14) days from the validation of his order.

 

The User may, within this period, exercise his right of withdrawal without having to justify the reasons for exercising his right of withdrawal.

 

At the express request of the User, the provision of the Service may begin before the end of the withdrawal period. This request is expressed by the User when he makes the Reservation and accepts the GTC. The Service is considered to have begun on the date of entry into the Car Park, as indicated in the Reservation.

 

In accordance with Article L221-28 of the French Consumer Code, the User may not make use of the right of withdrawal if the Service is fully executed before the end of the 14 day period. For the Packages, the Service is considered to be fully executed at the end of the period indicated in the Reservation or, where applicable, on the date of its effective departure if the User decides to leave the Car Park before the end of the period indicated in the Reservation without having first exercised his right of withdrawal under the conditions recalled in article 6.3.2.

 

6.3.2 Exercising the right of withdrawal

 

The exercise of the right of withdrawal implies that the User notifies his decision to withdraw within the withdrawal period, by means of an unambiguous statement. The right of withdrawal may be exercised online, using the withdrawal form available in Appendix 1, in which case the User will be sent an acknowledgement of receipt on a durable medium without delay.

 

The User has the possibility to send a request for withdrawal by e-mail or by post to [email protected].

 

If the right of withdrawal is exercised within the aforementioned withdrawal period prior to the date on which the Parking Space is made available, the price of the Service and the Provision will be reimbursed in full to the User as soon as possible and, in any event, no later than fourteen (14) days from receipt of the duly completed withdrawal form or any other unambiguous withdrawal statement.

 

If the right of withdrawal is exercised within the aforementioned withdrawal period but after the date on which the Parking Space is made available, the price of the Service and the Provision will be reimbursed on a pro rata basis for the number of days remaining if it is a Package whose price is calculated on the basis of a daily rate or if it is a Package whose price is calculated on the basis of an hourly rate, on a pro rata basis according to the number of hours remaining, in which case the User will only be liable for the part of the price corresponding to the actual use of the Parking Space, or, where applicable, to the duration of the actual immobilisation of the Parking Space.

 

The refund is made by the same means of payment as that used for the Reservation. In any event, this refund will not incur any costs for the User.

 

6.3.3Waiver of the right of withdrawal

 

For Reservations for which the provision of the Parking Space begins within the withdrawal period, the User (i) expressly accepts that the Service begins and, where applicable, ends within the withdrawal period, and (ii) expressly waives all or part of his right of withdrawal. The User acknowledges that he/she may also modify and cancel his/her Reservation in accordance with Article 6.2 above.

 

6.4 Insurance   and guarantees

 

Onepark does not offer any insurance applicable in case of cancellation of the Reservation (apart from the free cancellation provided for in article 6.2 above), partial or total non-use of the Parking Space, theft, destruction or damage to the vehicle inside the Car Park, nor does it provide any guarantee in the context of the provision of the Service.  It is the User's responsibility to check the terms and conditions of their own insurance policy before making a Reservation.

 

7.          Pricing conditions

 

7.1 Prices and payment methods for car parks

 

The applicable rates and payment terms are detailed in the GTC applicable to the selected Car Park. Before each Reservation, the User is invited to read the GTC applicable to the selected Car Park. As a reminder, the provisions of Article 5 (rates and payment terms) of the standard GTCs stipulate :

 

RATES

The Services offered by the Car Park are provided at the rates in effect on the day the Reservation is made, as displayed on the Website or the Application prior to placing the order and confirmed when the order is validated and the Reservation is finalised. The rates may be calculated according to different criteria (seasonality, high demand period, hourly rates, per minute rates, Packages and Subscriptions...).

 

Prices are expressed in the currency chosen by the User from the list of currencies offered on the site, and are inclusive of all taxes.

 

In the case of a Package Reservation, the User acknowledges that :

 

-       Parking a vehicle beyond the time limit indicated in the Reservation will result in the payment of any supplement corresponding to the excess according to the rates in force at the time of the excess; and

 

-       The Car Park reserves the right to change its prices at any time. However, price changes shall not apply to Bookings that have already been made and confirmed by e-mail.

 

 

When booking a Subscription, the User acknowledges that the Car Park reserves the right to change its prices at any time, it being understood that any price changes will only be binding on the User if he/she is informed (i) at least thirty (30) days before the new prices come into effect, for Users who have taken out a Subscription prior to this information, or (ii) at the time of booking on the Website or the Application, for any new User's Reservation.

 

The User acknowledges that he/she may not take advantage of the words "Free Parking" which may be displayed at the entrance to or inside the Car Park of a hotel establishment, as such free parking is only offered in the event that a Parking Space is used at the same time as / and in addition to a hotel service.

 

PAYMENT

 

Reservation of a Fixed Price: Any Reservation of a Parking Space for a limited period of time made on the Site or the Application is payable in full on the day the order is placed and the Reservation is validated, by debit of the bank card or any other means of payment indicated at the time of the Reservation.

 

Reservation of a Subscription: Any Reservation of a Parking Space within the framework of a Subscription made on the Website or the Application is payable (i) for the first month, in cash on the day the order is placed and the Reservation is validated and (ii) for the following months, monthly, on the monthly anniversary date of the Reservation, by debit of the bank card or any other online payment method available on the Onepark Solution. The User undertakes, if necessary, to pay a deposit in order to benefit from the means of access to the Car Park. The corresponding amount will be returned to the User at the same time as the User hands over the said means of access.  

 

The User acknowledges and accepts that in the event of a payment incident in connection with a Subscription, access to the Parking Space may be suspended temporarily or permanently, following notification to the User by e-mail . If the vehicle is parked in the Parking Space when the payment incident occurs, the vehicle may be moved by the Car Park at the User's expense and risk, and the User must recover it at his or her own expense.

 

The User shall in any event remain liable for all costs relating to the occupation of the Parking Space beyond the duration expressed in the Reservation or following a duly notified suspension.

 

PAYMENT MEANS AND SERVICES

 

The sums owed by the User to the Partner are paid by debiting the bank card or any other means of payment provided for the purposes of the Reservation.

 

The corresponding invoice can be accessed by the User at the end of the Reservation in the case of a Package or at each monthly anniversary date of the Reservation in the case of a Subscription, by logging into his Personal Account. 

 

The User irrevocably accepts that the means of payment provided for the purposes of the Reservation will be used for the payment of the Reservation, as well as any additional sums due and any penalties that may apply in accordance with these GTC.

 

The payment linked to the Reservation is made through the secure payment tools of the service provider chosen by Onepark, which guarantees the confidentiality of the information provided by the User, linked to his/her payment methods.

 

The User guarantees that he/she has the necessary authorisation to use the means of payment entered when validating the Reservation and that this means of payment gives access to sufficient funds to cover all costs relating to the Reservation and, where applicable, any supplements, as well as any penalties that may be payable hereunder.

 

If the bank refuses to authorise payment of any sum due in respect of a Reservation, the latter cannot be confirmed. If the bank refuses to authorise the payment of any other amount due for a Reservation (exceeding the parking time, penalties etc.), the User must provide Onepark with a new means of payment as soon as possible.

 

7.2       Composition of prices displayed by Onepark

 

The prices displayed include the remuneration of the Onepark Service as well as the remuneration due to the Partner Car Park in return for the provision of the Parking Space by the Partner Car Park for the period stipulated at the time of the Reservation.

 

In order to offer each User the best possible Service, Onepark asks, for certain Car Parks, each User making a Reservation for a Parking Space to pay part of the Service fees. These service fees are indicated on the car park information sheet. In this case, Onepark will invoice each User, in addition to the amount of the Reservation, a fixed sum per Reservation, for the connection with the chosen Partner Car Park. Thus, when service fees apply, the total price is "service fees included".

 

Onepark reserves the right to modify the prices displayed on the Website or the Application at any time, it being specified that :

 

-       Reservations relating to a Fixed Price confirmed by Onepark will not be subject to price changes. However, any overrun by the User of the parking time planned at the time of the Reservation is likely to give rise to additional billing in accordance with the tariffs in force at the time of the overrun, the User committing to pay the corresponding supplement, either directly to the Partner Car Park, or to Onepark. In the latter case, the User authorises Onepark to use the payment method provided for the needs of the Reservation in order to collect the supplement; and

 

-       Price changes relating to Subscriptions will only be opposable to the User after Onepark has sent information (i) at least thirty (30) days before the new prices come into effect, for Users who have subscribed to a Subscription before this information or (ii) at the time of the Reservation on the Website or the Application, for any new Reservation by a User

 

8.          Terms of payment

 

Onepark collects payments on its own behalf (for the remuneration of the service provided by Onepark) and on behalf of the Partners (for the remuneration of the provision of Parking Spaces).

 

The sums owed by Users to Partners are paid by debiting the bank card or any other means of payment provided for the purposes of the Reservation.

 

The corresponding invoice can be accessed by the User by logging into his Personal Account.

 

The User irrevocably accepts that the means of payment provided for the needs of the Reservation will be used for the payment of the Reservation, as well as any additional sums due, in particular, in the event of exceeding the planned duration and any applicable penalties in accordance with the GTC. The customer also agrees to pay directly to the Parking Partner any amount due that has not been paid directly to Onepark.  

 

Onepark reserves the right to suspend a User's access to the Services, temporarily or permanently, and/or to immediately and automatically terminate a Subscription, in the event of non-payment.

 

Onepark uses a secure payment tool and guarantees the User that it never has access to confidential information relating to the payment method used by the User to pay for his/her reservation.

 

The User guarantees Onepark that he/she has the necessary authorisations to use the means of payment indicated when validating the Reservation and that this means of payment gives access to sufficient funds to cover all costs related to the Reservation and, if applicable, any supplements, as well as penalties that may be due within the framework of the present GCU.

 

If the bank refuses to authorise the payment of the Reservation, the latter will be automatically cancelled and the User will be informed of the said cancellation by sending an e-mail.

 

9.          Traffic and parking in the Partner Car Park

 

Traffic and parking conditions may vary from one car park to another.

 

The User undertakes to read the General Terms and Conditions of Sale applicable to each Reservation, the information on the Card of the selected Parking Partner and, where applicable, the rules of use of the Parking Partner, and to follow the instructions contained in these documents when entering the Parking Facility, parking his or her vehicle, and leaving the Parking Facility.

 

The User undertakes to occupy the Parking Space solely for the purpose of parking his vehicle, to the exclusion of any other use.

 

The User undertakes not to store inside the vehicle parked in the Parking Area any dangerous, toxic or flammable products and/or products whose possession is prohibited by the applicable regulations. The User guarantees that the vehicle parked in the Parking Area is in perfect condition and that it is up to date, if necessary, with the technical inspection. The User guarantees that he/she is either the owner of the vehicle parked in the Parking Area or at least has sufficient rights to drive it, whether it is a rented vehicle or a vehicle on loan.

 

In the event that a specific Parking Space is allocated to the User at the time of his Reservation, the User must park his vehicle in this space. In the same way, if a parking area is reserved for Onepark Users, the User must park his vehicle in this parking area. In other cases, the User may park freely in one of the available spaces of the Partner Car Park.

 

Under no circumstances may the User park outside the limits of the ground of each parking space or in an awkward or unauthorised place and, more generally, in a place that does not constitute a marked parking space (e.g.: traffic lane, access ramp, etc.).

 

In the event of involuntary immobilisation of the User's vehicle in a Partner Car Park and/or around its access roads, the User undertakes to immediately take all necessary measures to clear the traffic lanes within the Partner Car Park and to inform Onepark without delay, by telephone on the number given in the Reservation Confirmation Email or by email to [email protected].

 

In case of parking or immobilisation of the User's vehicle outside of a designated parking space or parking zone reserved for Onepark Users, the User will automatically owe Onepark a penalty of two hundred (200) euros including tax, without prejudice to additional sums that may be due in the event of moving the vehicle or exceeding the planned parking time.

 

After a warning sent to the User by any written means without response for a period of eight (8) calendar days, Onepark or the Partner concerned may have the User's vehicle evacuated onto the public highway at the User's expense, risk and peril. The costs of parking the vehicle on the public highway as well as the costs of moving the vehicle will remain at the User's expense, without Onepark or the Parking Partner being held responsible, particularly in the event of the vehicle being impounded. The same will apply in the event of damage, presumed danger or any other legitimate reason to move the User's vehicle.

 

The User undertakes to comply with the internal rules of the Car Park Partner, its police and safety regulations, the signage present, in particular the speed limits, any instructions from the Car Park Partner staff and the rules of the road. Any breach of these rules by the Car Park Partner staff may result in the termination of the Reservation without compensation or refund.

 

The User circulates and parks in the Partner Car Park at his/her own risk, Onepark and its Partners cannot be considered as custodians of the User's vehicle or its contents and do not assume any obligation of custody or surveillance in this respect, the amount paid at the time of the Reservation corresponding essentially to a right to park and not a right to guard, surveillance or deposit the vehicle.

 

As an exception to the above, if the User has reserved a Parking Space with valet parking (from a Partner offering such a service), the contractual relationship between the User and the Partner shall be governed in accordance with Articles 1915 et seq. of the Civil Code, with the Partner alone being liable to the User, subject to the liability limitation clauses contained in the Parking Partner's General Terms and Conditions of Sale, if any.

10.       Release of the Parking Space at the end of a Fixed Price - Termination of a Subscription

 

The User undertakes to vacate the Parking Space in accordance with the conditions specified in the Partner Car Park Sheet, where applicable.

 

The Parking Space must be left in the condition in which it was found.

 

Release of a Parking Space at the end of a Fixed Price period

 

The User may not claim any refund if the Parking Space is vacated before the end of the period specified in the Reservation.

 

In the event that the barrier/exit door is already open at the time of the vehicle's exit, the User must follow the procedure indicated in the Reservation Confirmation Email in order to inform Onepark that the use of the Parking Space has ended. Otherwise, at the end of the planned parking time, the use of the Parking Space will continue to be invoiced to the User at the applicable rate in force until the end of the use of the Parking Space has been notified and duly justified to Onepark.

 

If the planned parking time is exceeded by more than eight (8) days, the User will automatically be liable for a penalty of two hundred (200) euros (all taxes included), in addition to the additional sums due for exceeding the parking time. After warning the User by any written means, Onepark or the concerned Partner will be able to evacuate the User's vehicle at the User's expense, risk and peril on the public highway. The costs of parking the vehicle on the public highway as well as the costs of moving the vehicle will remain at the User's expense, without Onepark or the Parking Partner being held responsible, particularly in the event of the vehicle being impounded.

 

Release of a Parking Space following the termination of a Subscription

 

The User may request the cancellation of his Subscription at any time, including the first thirty days of the Subscription's entry into force. Onepark also has the right to terminate the Subscription with thirty (30) days notice by email to the address provided by the User.

If the Subscription is terminated, it will end on the next monthly anniversary date of the Subscription.

 

The User undertakes to vacate the Parking Space by the last day of the Subscription. If the User fails to do so, he/she will be liable to pay a penalty of fifty (50) euros per day of delay, all taxes included. After warning the User by any written means, Onepark or the concerned Parking Partner may have the User's vehicle removed from the public highway at the User's expense, risk and peril. The costs of parking the vehicle on the public highway as well as the costs of moving the vehicle will remain at the User's expense, without Onepark or the Parking Partner being held responsible, particularly in the event of the vehicle being impounded.

 

If termination is notified by Onepark following (i) the User's failure to pay a monthly instalment or (ii) the User's failure to comply with any of the stipulations of the GCU, including non-compliance with the GTCs applicable to the Services subscribed to or with the internal regulations of the Partner Car Parks, the Subscription will be automatically and by right terminated on the date of sending an email notifying the User of the termination of his Subscription with immediate effect. The User undertakes to vacate the Parking Space as soon as he is notified of the termination. If the User fails to do so, he/she will be liable to pay a penalty of fifty (50) euros (including tax) per day of delay. After warning the User by any written means, Onepark or the Partner concerned may have the User's vehicle removed from the public highway at the User's expense, risk and peril. The costs of parking the vehicle on the public highway as well as the costs of moving the vehicle will remain at the User's expense, without Onepark's or the Parking Partner's responsibility being engaged, notably in the event of the vehicle being impounded.

 

11.       Obligations of the User - Guarantees

 

The User guarantees that he/she is capable, of legal age and in possession of the vehicle registration certificate mentioned in the Booking Confirmation Email.

 

The User also guarantees that the vehicle mentioned in the Reservation Confirmation Email is insured, and that he/she, as the driver, is also insured that the risks covered by the policy will be covered for the entire duration of the parking period in the Partner's car park, and undertakes to justify this at the first request of Onepark or the Partner concerned and, more generally, to respect all legal and regulatory insurance obligations. The User guarantees that he/she (or the driver of the vehicle mentioned in the Reservation) holds a valid driving licence corresponding to the category of the vehicle used.

 

In order to use or subscribe to all the Services, the User must ensure that their guidance equipment (GPS, smartphones...) and their configuration comply with Onepark's specifications. In particular, in order to benefit from the geolocation and GPS guidance service offered by Onepark, the User must ensure the activation and configuration of their location data.  

 

The User undertakes to comply with the GCU and the General Terms and Conditions of Sale of the Partners applicable to the Services subscribed to, the internal, police or security regulations of the Partner Car Parks in which he/she has reserved a Parking Space, the Highway Code and, more generally, all laws and regulations in force.

 

In particular, the User undertakes to respect the provisions of the Highway Code when using the Onepark Solution, especially when using GPS guidance to and within a Parking Space. In this respect, the User acknowledges that the use of a phone held in the hand by the driver of a vehicle is strictly forbidden. Thus, when the User activates the GPS geolocation and guidance service offered by Onepark, the phone or screen used must be held by a support and not held in the hand.

 

The User undertakes not to damage, deface, deteriorate or soil in any way the Partner Car Parks and the vehicles and other furniture located there. The User also agrees not to behave in an aggressive, violent or confrontational manner towards the public, Onepark staff or Partner Car Park staff.

 

The User shall not under any circumstances use the information on the Application or the Site to provide a directory service or a service competing with the Application or the Site to the public.

 

The User agrees not to use the Application, the Website and the Services offered therein for illegal or fraudulent purposes or in a way that contravenes public order or good morals or that harms Onepark, its Partners or any third party in any way. The User must also refrain from any act of piracy in any form.

 

In the event of a breach by the User, whether observed by Onepark or a Partner Car Park, of any of the stipulations of the GTU, including non-compliance with the GTUs applicable to the Services subscribed to or with the internal regulations of the Partner Car Parks, Onepark reserves the right, after notifying the User of the breach(s) observed, to temporarily or definitively interrupt the User's access to the Service and/or immediately terminate a Subscription by right.

 

If the breach occurs before the end of a Package or during a Subscription, Onepark will send the User a formal notice to end the breach. In the event that the User does not rectify the situation within twenty-four (24) hours or commits new breaches, Onepark may, after notification to the User, automatically and without compensation or reimbursement of sums paid in advance to Onepark, refuse the User access to the Partner Car Park and temporarily or definitively suspend their access to the Service and/or immediately and automatically terminate a Subscription.

 

If the User's vehicle is parked when his access to the Service has been definitively withdrawn and/or his Subscription cancelled, Onepark or the Parking Partner may have the said vehicle moved to the public highway at the User's expense and risk. The costs of parking the vehicle on the public highway as well as the costs of moving the vehicle will remain at the User's expense, without Onepark or the Parking Partner being held responsible, particularly in the event of the vehicle being impounded.

 

12.       Responsibility of Onepark and its Partners - Limitations

 

Onepark is only bound by an obligation of means within the framework of the Services it provides via the Website or the Application.

 

In any case, the responsibility of Onepark and/or its Partners is expressly limited to the amount paid by the User at the time of the Reservation.

 

Onepark cannot be held responsible for unforeseeable, indirect or immaterial damages such as, but not limited to, loss of profits, loss of revenue, loss of commercial opportunities, loss or damage to brand or reputation, etc.

 

Similarly, Onepark cannot be held responsible for (i) a total or partial impossibility to access the Website or the Application or to use the services offered therein due to an electronic communications operator and/or access provider, (ii) a fault or negligence on the part of the User or an incompatibility of the equipment used by the User or its configuration with the Site, the Application or the Services offered, (iii) the act of a third party or third-party software, or (iv) a case of force majeure, including the interruption of telecommunications resources for any reason whatsoever. 

 

Finally, as the contract for the provision of a Parking Space is concluded between the User and the Partner Car Park, over which Onepark has no control, Onepark cannot be held responsible for (i) an inaccuracy of information relating to Partner Car Parks, (ii) a Partner's failure to perform or poor performance of its obligations under a Reservation made via the Website or the Application, (iii) damage to the User's vehicle or to the User himself/herself in the Partner Car Park or its surroundings, or (iv) the theft of the User's vehicle or its contents.

 

13.       Information - Complaints

 

All requests for information, clarification and follow-up of Reservations must be addressed to Onepark's customer service, using the electronic form on the Website.

 

It is reminded that any Reservation made on the Website or the Application legally commits the Parking Partner to the User and the User to the Parking Partner. The Parking Partner is therefore solely responsible for the proper execution of the parking services (and its associated services) provided.

 

As a technical intermediary, Onepark centralises complaints concerning parking services. All claims must be sent as soon as possible and at the latest within 15 (fifteen) days following the end of the Service used, by e-mail to [email protected] and by registered letter with acknowledgement of receipt to the following address Onepark - Services Clients - 10, rue Chaptal, 75009 Paris. After this period, no claim can be taken into consideration.

 

The receipt and processing of a complaint by Onepark does not imply acceptance of its validity. If the complaint concerns a Service proposed by a Partner, Onepark's customer service will ensure the transmission of the complaint to the concerned Partner on whose behalf it acts under the conditions and limits provided for by the GTU.  

 

14.       Website

 

Onepark has set up interactive communication tools which allow the User to comment and rate the parking conditions, the Partner Car Parks and the Parking Spaces in which he/she has parked via the Website or the Application. Onepark reserves the right to delete any comment or rating that would in any way infringe on the rights of third parties.

 

The User may not publish hyperlinks to websites whose content contravenes the laws and regulations in force and/or the provisions of these GCU, nor may he/she reproduce brands, logos or any other acronym or element without having the necessary rights.

 

The Website and Application may contain hypertext links and/or hyperlinks to websites published and hosted by third party servers over which Onepark has no control. Onepark declines all responsibility in case of access by the User to these sites.

 

15.       Personal data

 

The personal data communicated by the User when using the Website or the Application (including geolocation data and the User's bank details) allows Onepark and its Partners to manage the relationship with the User, to provide the Services offered on the Website and the Application, to optimise parking in the Partner Car Parks, to manage the means of access in the latter and to send commercial offers to the User if necessary. The data required by Onepark and its Partners is indicated by an asterisk when creating a Personal Account. If this mandatory data is not mentioned, the Personal Account cannot be created. The other information which is optional is intended to get to know the User better and to improve the services offered. Failure to provide this optional information will not prevent the creation of a Personal Account.

 

Onepark is responsible for processing the data collected on the Application and the Website.

 

The recipients of the data are Onepark, its subcontractors and the Partners concerned by the Services subscribed by the User. The User expressly accepts that his/her personal data is stored, processed and transferred by Onepark to its Partners or subcontractors, including in other European Union countries, who will however only be able to access this personal data for the needs of the provision of Services and in compliance with current legal and regulatory provisions.

 

When the User has ticked the box indicating: "I agree to receive commercial information from Onepark partners", his/her personal data may be transmitted to Onepark Partners and third party partners. The User will then be likely to receive commercial information from Onepark's Partners and third parties by e-mail, telephone (sms, mms, etc.) or post.

 

In accordance with Article L. 223-2 of the French Consumer Code, the User is informed that if he/she does not wish to be the subject of commercial prospecting by telephone, he/she may register on the telephone canvassing opposition list, available at www.bloctel.gouv.fr.

 

In accordance with the law n° 78-17 relating to data processing, files and freedoms of 6 January 1978, as modified by the law n° 2018-493 of 20 June 2018, the User has the right to access, rectify, modify, oppose, delete, limit the processing and portability of personal data concerning him/her as well as the right to define directives relating to the fate of his/her personal data after his/her death. The User can exercise this right by sending a letter to Onepark's Customer Service at 10 rue Chaptal - 75009 or a request by email at [email protected]. Any such request is free of charge, does not have to be motivated and can be made at any time, including after the User's personal data has been collected. However, it must be signed, accompanied by a photocopy of the User's identity document, bearing his or her signature, and specify the address to which the reply should be sent. A reply will be sent to the User within two months of receipt of the request.

 

Personal data communicated by the User when using the Onepark website or application are kept by Onepark for a period not exceeding that necessary for the purposes for which they are processed, and in accordance with legal and regulatory provisions in force.  At the end of this period, all personal data communicated by the User will be automatically deleted.

 

When consulting the Site and the Application, information relating to the User's navigation may be recorded in cookie files installed on the User's computer or mobile terminal, subject to the choices expressed by the User, which may be modified at any time. For more information on the type of cookies used on the Site or the Application, the purpose of each of them and the means of opposing and configuring these cookies, the User is invited to consult the Cookies and Privacy Policy pages on the Site and the Application, by clicking on the corresponding links.

 

16.       Intellectual property

 

Onepark or its Partners are the exclusive holders of intellectual property rights relating to the Website, the Application and their content (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, brands, logos, domain names, etc.).

 

Any representation, reproduction, modification, adaptation, translation, publication or exploitation of all or part of the website or application or of its elements or data is strictly forbidden without the prior written consent of Onepark.

 

The use of hypertext links and/or hyperlinks to the website or application is authorised by Onepark, provided that they are only used to promote Onepark and that the integrity of the website or application is preserved and that there is no risk of confusion between the website or application and websites published by third parties. Any other use is forbidden without Onepark's prior written agreement.

 

In particular, Onepark formally forbids all Users to use "framing", "inline linking" and "deep-linking" techniques for the unauthorised slavish reproduction of the Website's content and its integration on web pages published by third parties.

 

17.       Applicable law - Jurisdiction

 

The present GTC are governed, interpreted and subject to French law.

 

Any dispute relating to the GCU or to the Services offered and/or subscribed to via the Site or the Application which cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the French courts. 

 

Notwithstanding the above, the User is informed, in accordance with Article L. 612-1 of the Consumer Code, that he/she may in any case have recourse, free of charge, to conventional consumer mediation in the event of a dispute. The User may thus refer the matter to the Tourism and Travel Mediator, whose contact details are as follows MTV Médiation Tourisme Voyage - BP 80 303 - 75823 Paris Cedex 17 and whose contact details can be found at http://www.mtv.travel.

The original version of these TOS was written in French before being translated into other languages. These translations are provided as a courtesy and for information purposes only. In the event of a dispute over the content or interpretation of the TOU or in the event of inconsistency or difference between the French version and a translated version, the French version shall prevail and be binding unless otherwise provided by national law.

 

The French version is available on the Site by choosing the French interface.

 

18        Miscellaneous provisions

 

18.1     Partial invalidity

 

If one or more of the provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions of the GTC shall retain all their force and scope.

 

Onepark will replace the invalidated provision(s) with a provision having an equivalent economic effect. 

 

18.2     Non-waiver 

 

The fact that Onepark does not take advantage of one of the stipulations of the GTU at a given moment cannot be considered as a renunciation on its part to take advantage of any of the stipulations of the GTU later on.  

 

18.       3Electronic exchange

 

By using the Website and/or Application, the User accepts that communications and exchanges with Onepark and contractual documents (contracts, information notices, invoices) are carried out in electronic format and sent by electronic means. The "OK" button associated with the double-click, authentication and non-repudiation procedure constitutes a valid electronic signature.

 

 

ANNEX 1

Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

To [Onepark, 10 rue Chaptal, 75009 Paris] [add email address if available] :.....................................................................

I, the undersigned, [Full name given at the time of booking] hereby notify you of my withdrawal from the contract for the provision of the following services:

-        Provision of a Parking Space located at [Name and contact details of car park].

-        Reservation made on [Date on which the Reservation was made].

-        Confirmation number # XXXXXX

-        Flat rate / Subscription [choice to be made].

-        Date and time of the start of the provision of the Parking Space :

-        Date and time of the end of the provision of the Parking Space (only for Packages) :

-        User name

-        User's postal address

-        User's e-mail


 Signature of the User (only in case of notification of this form on paper): ................................

Date and time:..............................