TERMS OF SERVICE
1. General information - Legal notices
The "Onepark" website and mobile application are published by Onepark, a simplified joint-stock company with capital of 48,410 euros, registered with the Paris RCS under number 790 272 033, whose registered office is 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 that offers an online public communication service based on (art. L. 111-7, I C. conso) (i) classification and referencing, by means of computer algorithms, of Partner Car Parks on the Site and the Application (as these terms are defined below), as well as (ii) the linking, with a view to providing the Service, of Users and Partner Car Parks.
In addition, Onepark collects, moderates or distributes online reviews from Users. As such, Onepark provides Users with "fair, clear and transparent information on the methods of publication and processing of online reviews" in accordance with the legal provisions in force. The User wishing to post an opinion on a Partner Car Park online is invited to refer beforehand to the Customer Opinions and Recommendations Charter.
The website is hosted by the company AMAZON WEB SERVICES EMEA SARL, 31 Places des Corolles, Tour Carpe Diem, 92400 Courbevoie, FRANCE, in the data centers of Amazon Web Services located in Ireland.
Terms and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural:
- " Application ": refers to the mobile application software developed by Onepark and available on the Appstore and GooglePlay online download platforms.
- " CGU ": refers to these general conditions of use and any documents that supplement them.
- “ GTC ” or “ General Terms and Conditions of Sale ”: means the conditions for booking and making available a Parking Space specific to each Partner, including Partner Car Parks, in return for payment to the User.
- " Personal Account ": refers to the account created by each User on the Site or the Application in order to access the Services.
- " Reservation Confirmation Email ": refers to the contractual document received by the User electronically confirming and summarizing the Reservation made, the amount paid by the User, the information necessary for the smooth running of parking in the Partner Car Park as well as the cancellation conditions.
- " Parking Space ": refers to any Parking Space offered by a Partner via the Site and the Application in a Partner Car Park.
- " Partner Parking Sheet ": designates the sheet or sheets/page specific to each Partner Parking, which specifies in particular the location of the Partner Parking, the access and exit conditions, the spaces available and the applicable prices.
- " Connection Identifiers ": designates the e-mail address and the password allowing each User to connect to his Personal Account.
- " Partner ": refers to any type of operator, private or public, having concluded a partnership contract with Onepark concerning the provision of Parking Spaces via the Onepark Solution.
- “ Partner Parking ”: designates any public or private car park offering the provision of Parking Spaces via the Site or the Application.
- " Reservation ": designates the act of reservation of a Parking Space carried out by the User via the Site or the Application, and the contract for the temporary provision of a Parking Space concluded between the User and the resulting Partner Parking;.
- " Service ": refers to the service(s) offered by Onepark or its Partners via the Site or the Application which allows any User to make a Reservation of a Parking Space within a Parking for parking a land motor vehicle.
- " Site ": refers to the website accessible at the address 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 of the technology developed and Services offered by Onepark via the Site and the Application.
- " User ": designates any natural person using the Site or the Application to make a Reservation of a Parking Space with a view to parking a land motor vehicle there.
3. Purpose and acceptance of the T&Cs
The purpose of the T&Cs is to define the general conditions of use of the Site, the Application and the Services offered there.
The use of the Onepark Solution and the making of any Reservation are subject to the acceptance of these T&Cs. When creating the Personal Account and during each Reservation, the User is invited to read and accept the T&Cs before continuing to use the Application and the Site. Acceptance of the T&Cs is full, entire, indivisible and without any booking.
In the event of a contradiction between the T&Cs and the Booking Confirmation Email, the T&Cs will prevail.
Onepark reserves the right to adapt or modify the terms of the T&Cs, the functionalities offered on the Site and on the Application or their operating rules at any time.
When the modification occurs after the start of parking, the modification does not apply to the car park in progress.
4. Presentation of Onepark's activity and Services
Onepark is a digital service provider that provides Partners and Users with the Onepark Solution to allow Users to reserve Parking Spaces in Partner Car Parks.
The Onepark Solution consists of a technology composed in particular of software and equipment allowing the following Services to be offered in particular:
- 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;
- the Reservation of Parking Spaces offered by the Partners;
- the secure and encrypted payment of any Reservation by debiting the bank card entered in the Personal Account or during the Reservation;
- on the Application, the geolocation of the User and his guidance by GPS to the Partner Parking in which a Parking Space has been the subject of a Reservation, subject to the compatibility of the smartphone with this service, the activation of geolocation data and the meeting of all the necessary technical conditions (signal availability in particular); and
- a help center for all questions related to the Services provided by Onepark or its Partners.
Onepark references the Partner Car Parks that it selects according to a certain number of criteria (such as in particular the proximity to points of interest such as stations, airports, business centers, etc., the price, the level and the customer service history, customer reviews and the percentage of commission), and as such establishes the Partner Car Parks Sheets from the information provided by the Partners. Even if it strives to ensure the reliability of this information, Onepark cannot guarantee its timeliness, accuracy or completeness.
Onepark does not exercise any control of any kind whatsoever over the Partner Car Parks and the Parking Spaces offered by the Partners, in particular, as to their qualities, their maintenance conditions or their safety conditions. It reserves the right to delist Partner Car Parks in the event that these no longer correspond to the criteria required by Onepark and/or such or such Partner would be in violation of the obligations contracted with regard to Onepark.
By making a Reservation via the Site or the Application for a Parking Space in a Partner Car Park, the User contracts directly with the Partner concerned, of which Onepark is only an intermediary.
Onepark cannot guarantee that the Site, the Application and the Services offered therein will be accessible at all times and without interruption or breakdown, access to them may, in particular, be suspended for reasons of evolutionary or corrective maintenance, technical or IT difficulties or circumstances beyond the control of Onepark.
Onepark also does not guarantee that the Site and the Application will be free from anomalies, errors or bugs, nor that these can be corrected, nor that the Site or the Application will be compatible with the equipment of the User or their configuration.
Onepark references the Partner Car Parks that it selects according to the following criteria: (i) proximity to points of interest such as stations, airports, business centers, etc., (ii) price, (iii) level and customer service history, (iv) customer reviews and (v) the percentage of commission and as such establishes the Partner Parking Sheets from the information provided by the Partners.
5. Personal Account
To be able to access all of the Services, the User must first create a Personal Account. On this occasion, the User must provide information on the Site or the Application allowing him to be identified (surname, first name, postal address, date of birth, mobile phone number, etc.), provide a valid e-mail address, which will serve as the connection identifier, and choose a connection password (together, the " Identification Elements ").
The User must also, during his first Reservation, register his payment information, namely the number, the expiry date and the visual cryptogram of the bank card on which the amount of each Reservation and any associated additional costs will be debited. .
The User is required 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 personal use. Consequently, the User undertakes not to communicate the Login Identifiers to a third party. In any case, any act carried out with the User's Connection Identifiers will be considered as having been done by the User and under his responsibility. The User therefore acknowledges his full responsibility in the use that will be made of his Connection Identifiers or his Personal Account.
In the event of unauthorized use of the Connection Identifiers or the Personal Account of a User by a third party, the responsibility of Onepark cannot in any case be engaged vis-à-vis the User concerned and the latter must inform without Onepark delay of this situation, by e-mail to: [email protected]
The User may request the deletion of his Personal Account at any time by sending a request to this effect by e-mail to Onepark customer service at the address [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
The User has the option of making Reservations for Parking Spaces in Partner Car Parks via his Personal Account, on the Site and/or the Application.
Onepark systematically offers the User a list of Partner Car Parks with available Parking Spaces, and classified (i) either according to the distance separating them from the address entered by the User (default classification), the Car Parks Partners closest in distance being offered in priority compared to more distant Car Parks, (ii) either according to the price (in ascending order), the User being able to choose the classification filter that suits him on the Site or the Application , (iii) or on the basis of relevance. The objective of this sorting by relevance is to highlight a selection of 1 to 4 Partner Car Parks which stand out for the excellent quality of their services and a competitive quality/price ratio. The selected Partner Car Parks are then indicated on the results page by a blue box and a “Our selection” dot. They are displayed at the top of the results and override the default sort.
Onepark specifies for all practical purposes that it is remunerated by the Partners within the framework of the Service offered, and that this remuneration is likely to influence the referencing or ranking of the offers of Partner Car Parks. In the same way, Onepark maintains capital ties with certain Partners without these ties exerting any influence on the referencing or ranking of Partner Car Park offers.
The User must inform, at the time of the Reservation, the date, the start time and the minimum duration of his Reservation of the Parking Space, the type of vehicle, the license plate number of the vehicle which will access the reserved Parking Space, if applicable if it is a reservation in the airport zone, the outward and/or return flight number, the origin, the meeting place, the number of passengers , the scheduled date and time of landing) as well as the bank card or any other means of payment which will be used to pay for the Reservation (the card or the means of payment registered in the Personal Account being indicated by default).
Any Reservation made by a User is exclusive and dedicated to the vehicle corresponding to the booking number transmitted during the Reservation. Each validated Reservation is the subject of a Reservation Confirmation Email sent to the User.
The information specific to each Partner Car Park (type and height of authorized vehicles, access and exit conditions, cancellation conditions, etc.) is mentioned, during the Booking process, on the Sheet of the Partner Car Park concerned and the case applicable in the General Conditions of Sale specific to each Partner Car Park. It is up to the User to read the information appearing on the Partner Parking Sheet, the General Conditions of Sale prior to the validation of his Reservation, their acceptance being necessary for the validation of the Reservation.
Any Reservation implies, in addition to the acceptance of these T&Cs, full and complete acceptance of the General Conditions of Sale of the Partner concerned and, where applicable, the internal regulations of the Partner Car Park concerned.
The User has the possibility of canceling his Reservation free of charge until the expiry of the period indicated on the Partner Parking Sheet as well as in the Reservation Confirmation Email, provided that he has not already accessed at the Partner Parking.
In the event of cancellation made beyond this period, the amount prepaid by the User will remain acquired by the Partner concerned, subject to the provisions relating to the right of withdrawal.
6.3.1 Legal withdrawal period and right of withdrawal
Any User who has made a Reservation has, in accordance with the law, and on condition of being a non-professional natural person, 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 T&Cs. The Service is considered to receive a start of performance on the date of entry into the Car Park, as indicated in the Reservation.
In accordance with article L221-28 of the Consumer Code, the User cannot make use of the right of withdrawal if the Service is fully performed before the end of the 14-day period. The Service is considered to have been fully performed at the end of the period indicated in the Reservation or, where applicable, on the date of its effective exit if the User decides to leave the Car Park before the end of the period indicated in the Reservation without have previously exercised their right of withdrawal under the conditions set out in article 6.3.2.
6.3.2 Exercise of the right of withdrawal
The exercise of the right of withdrawal implies for the User to notify his decision to withdraw within the withdrawal period, by means of an unambiguous declaration. The right of withdrawal can be exercised online, using the withdrawal form available in Appendix 1, in which case an acknowledgment of receipt on a durable medium will be communicated to the User without delay.
The User has the option of sending a withdrawal request by e-mail or by post to the address [email protected]
In the event of exercise of the right of withdrawal within the aforementioned withdrawal period prior to the scheduled date of the provision of the Parking Space, the price of the Service and the Benefit will be reimbursed in full to the User within 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 declaration of withdrawal.
In the event of exercise of the right of withdrawal within the aforementioned withdrawal period but after the scheduled date of the provision of the Parking Space, the price of the Service and the Service will be reimbursed under the same conditions but pro rata temporis , depending on the remaining period of provision of the Parking Space, the User then only being liable for the part of the price corresponding to the actual use of the Parking Space, or, where applicable, to the effective immobilization period of the Parking Space.
The refund is made by the same means of payment as that used during the Reservation. In any case, this refund will not incur any costs for the User.
6.3.3 Waiver 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 its right of withdrawal as necessary. The User acknowledges that he can also modify and cancel his Reservation in accordance with article 6.2 above.
6.4 Insurance and warranties
Onepark does not offer any insurance applicable in the event 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 caused to the vehicle inside the Car Park, nor provides any guarantee in connection with the provision of the Service. It is up to the User to check before the Reservation the conditions of cover of his own insurance policy.
7. Tariff conditions
7.1 Rates and terms of payment for Car Parks
The applicable rates and terms of payment are detailed in the T&Cs applicable to the selected Car Park. Before each Reservation, the User is invited to read the T&Cs applicable to the Parking lot selected. As a reminder, the provisions of article 5 (prices and terms of payment) of the standard GCS provide for:
The Services as well as the Service offered by the Car Park are provided at the rates in force on the day the Reservation is made, such as these rates are mentioned on the Car Park information sheet which can be consulted prior to placing the order on the Site or the Application, and as confirmed during the validation of the order and the finalization of the Reservation. Rates can be calculated according to different criteria (hourly rates, per minute, packages and subscriptions, etc.).
The rates are expressed in the currency chosen by the User from the list of currencies offered on the site, and are denominated including VAT.
In the event that the User parks the vehicle beyond the time limit indicated in the Reservation, he undertakes to pay any supplement corresponding to the overrun according to the rates in force applicable at the time of the overrun.
The User acknowledges that the Car Park reserves the right to modify its prices at any time, it being specified that the price modifications do not apply to orders already placed and having been the subject of an e-mail from confirmation.
The User acknowledges that he cannot take advantage of the mention "Free Parking" which may be displayed at the entrance or inside the Car Park of a hotel establishment, such free parking being offered only in the hypothesis where a Parking Space is used at the same time as / and in addition to a hotel service.
Reservation of a Parking Space for a short period : Any Reservation of a Parking Space for a short period made on the Site or the Application is payable in full on the day the order is placed and the payment is validated. the Reservation, by any online payment method available on the Onepark Solution.
Reservation of a Parking Space within the framework of a subscription : Any Reservation of a Parking Space within the framework of a subscription made on the Site or the Application is payable in full on the day of the placing of the order or by monthly payment (if applicable), by any online payment method available on the Onepark Solution. The User undertakes, if necessary, to establish a deposit check. The corresponding amount will be returned to him when the subscription expires.
As part of a subscription within a car park where access is via a card or badge provided by Onepark to the User, a deposit may be required in order to receive the access ticket. The deposit will be payable on the dedicated page which will be communicated to the User following payment of the first month of his subscription. At the end of his subscription, the User has 7 working days to return the access ticket to Onepark in order to receive the refund of the deposit on his method of payment initially used. Onepark will fully retain the deposit in the event of loss, breakage, theft or delay in returning the access pass and a new deposit will be payable by the User each time the access pass is replaced at the initiative of the user.
The User acknowledges and accepts that in the event that an incident or insufficient payment occurs within the framework of a subscription, access to the Parking Space may be suspended or even cancelled. In the event that the vehicle is parked in the Parking Space when the incident occurs or the payment is insufficient, the vehicle may then be moved by the Car Park at the expense and risk of the User, charge for him to recover it at his own expense. The User will in any case remain liable for all costs related to the occupation of the Parking Space beyond the stipulations expressed in the Reservation.
7.3 MEANS AND SERVICES OF PAYMENT
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 is accessible by the User by logging into his Personal Account.
The User irrevocably accepts that the means of payment entered for the purposes of the Reservation will be used for the payment of the Reservation, as well as any additional sums due in the event of exceeding the planned duration and any penalties applicable in accordance with these GCS. .
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 means of payment.
The User guarantees that he has the necessary authorizations to use the means of payment indicated during the validation of the Reservation and that this means of payment gives access to sufficient funds to cover all the costs relating to the Reservation and the case applicable to any overrun, as well as to the penalties likely to be payable under the present.
If the bank refuses to authorize payment for the Reservation, the latter will be automatically canceled and the User notified of said cancellation by sending an e-mail.
7.4 Composition of the prices displayed by Onepark
The prices displayed include the remuneration for the Onepark Service as well as the remuneration due to the Partner Parking in return for the provision by the Partner Parking of the Parking Space for the duration stipulated during 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 whose base price (price on site or excluding promotions) is greater than a certain amount, to bear part of the Service costs. These Service charges are indicated on the Car Park information sheet. In this case, Onepark thus invoices each User, in addition to the amount of the Reservation, a lump sum per Reservation, for the connection with the chosen Partner Parking. Thus, when Service fees apply, the total price is “Service fees included”.
Onepark reserves the right to modify the prices at any time. Reservations confirmed by Onepark will be invoiced to the User on the basis of the rates in force at the time of the Reservation.
Any excess by the User of the parking duration provided for in the Reservation is likely to give rise to additional invoicing in accordance with the rates in force applicable at the time of the excess, the User agreeing to pay the corresponding supplement, either directly in the hands of the Partner Parking, or in the hands of Onepark. In the latter case, the User authorizes Onepark to use the payment method provided for the purposes of the Reservation in order to collect the supplement.
8. Terms of payment
Onepark collects payments on its own behalf (with regard to the remuneration of the Service provided by Onepark) and on behalf of the Partners (with regard to the remuneration for the provision of Parking Spaces).
The sums owed by the Users to the Partners are paid by debiting the bank card or any other means of payment provided for the purposes of the Reservation.
The corresponding invoice is accessible by the User by logging into his Personal Account.
The User irrevocably accepts that the means of payment entered for the purposes of the Reservation will be used for the payment of the Reservation, as well as any additional sums due in the event of exceeding the planned duration and any penalties applicable in accordance with the T & Cs. He also agrees to pay directly to the Partner Parking 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, in the event of payment default.
Onepark uses a secure payment tool and guarantees the User that he never has access to confidential information relating to the means of payment used by the User to pay for his reservation.
The User guarantees Onepark that he has the necessary authorizations to use the means of payment provided when validating the Reservation and that this means of payment gives access to sufficient funds to cover all the costs relating to the Reservation and the where applicable to any overrun, as well as to the penalties that may be payable under the present conditions.
If the bank refuses to authorize payment for the Reservation, the latter will be automatically canceled and the User notified of said cancellation by sending an e-mail.
9. Traffic and parking in the Partner Parking
Traffic and parking conditions are likely to vary from one Car Park to another.
The User undertakes to read the General Conditions of Sale applicable at the time of each Reservation, the information appearing on the Sheet of the Partner Parking selected, as well as, where applicable, the regulations for the use of the Partner Parking, and to follow the prescriptions appearing in these documents, when accessing the Car Park, when parking his vehicle, and when leaving the Car Park.
The User undertakes to occupy the Parking Space for the sole 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 Space dangerous, toxic, flammable products and/or the possession of which is prohibited by the applicable regulations. The User guarantees that the vehicle parked in the Parking Space is in perfect condition and that it is up to date, where applicable, with the technical inspection. The User guarantees to be either the owner of the vehicle parked in the Parking Space or to have at least sufficient rights to drive it, whether it is a rental vehicle or a loaned vehicle.
In the event that a specific Parking Space is assigned to the User when booking, the User must park his vehicle at this location. Similarly, in the event that a parking area is reserved for Onepark Users, the User must park his vehicle in this parking area. In other cases, parking is free on one of the available places in the Partner Parking.
Under no circumstances may the User park outside the ground limits of each location or in an inconvenient or unauthorized place and, more generally, in a place that does not constitute a materialized parking space (e.g.: traffic lane, ramp access, etc.).
In the event of involuntary immobilization of the User's vehicle in a Partner Car Park and/or around its access roads, the User undertakes to immediately take all the necessary measures to clear the traffic lanes within the Car Park Partner and inform Onepark without delay, by telephone on the number appearing on the Site or the Application or by e-mail at the address [email protected]
In the event of parking or immobilization of the User's vehicle outside a materialized parking space or outside the designated Parking Space or the parking area reserved for Onepark Users, the User will be automatically liable with regard to Onepark a penalty of two hundred (200) euros including tax, without prejudice to any additional sums due in the event of the vehicle being moved or the planned parking period being exceeded.
After warning sent to the User by any written means that has remained unanswered for a period of eight (8) days, Onepark or the Partner concerned may have the User's vehicle evacuated at the User's expense and risk. The same will apply in the event of a claim, presumed danger or for any other legitimate reason for moving the User's vehicle.
The User undertakes to respect the rules of procedure of the Partner Parking, its police and safety regulations, the signs present, in particular the speed limits, any instructions from the staff of the Partner Parking and the rules of the highway code. . Any violation of these rules noted by the staff of the Partner Parking may lead to the cancellation of the Reservation, without compensation or reimbursement.
The User drives and parks in the Partner Car Park at his 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 essentially corresponding to a right of parking and not a right of guarding, surveillance or deposit of the vehicle.
As an exception to the above, in the event that the User has reserved a Parking Space with valet parking service (with a Partner offering such a service), the contractual relationship established between the User and the Partner will be governed in accordance with the articles 1915 and following of the Civil Code, only the Partner being liable vis-à-vis the User, all subject to the limitation of liability clauses contained, where applicable, in the General Conditions of Sale of the Car Park.
10. Release of Parking Space
The User undertakes to free up the Parking Space under the conditions and deadlines specified in the Partner parking sheet.
The Parking Space must be left in the condition in which it was found.
The User may not claim any refund if the Parking Space is vacated before the end of the period provided for at the time of the Reservation.
In the event that when the vehicle leaves, the barrier/exit door is already open, the User must apply the procedure indicated in the Booking Confirmation Email in order to notify Onepark of the end of use. of the Parking Space. Otherwise, at the end of the planned parking period, 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 reported and duly justified to Onepark.
If the planned parking period is exceeded by more than eight (8) days, the User will be automatically liable for a penalty of two hundred (200) euros including tax, in addition to the additional sums due for the overrun. parking time. After warning sent to the User by any written means, Onepark or the Partner concerned may have the User's vehicle evacuated at the User's expense and risk.
11. User Obligations – Warranties
The User guarantees to be capable, of legal age and to be in possession of the vehicle registration certificate mentioned in the Booking Confirmation Email.
He also guarantees that the vehicle mentioned in the Booking Confirmation Email is insured, and that he is, in his capacity as driver, also insured that the risks covered by the policy will be covered for the entire effective duration of parking in the Partner's Parking, and undertakes to justify this at the first request of Onepark or the Partner concerned and, more generally, to comply with all the legal and regulatory insurance obligations at its expense. The User guarantees that he (or that the driver of the vehicle mentioned in the Booking) holds a valid driving license corresponding to the category of vehicle used.
To be able to use or subscribe to all the Services, the User must ensure that their guidance equipment (GPS, smartphones, etc.) and their configuration comply with Onepark's specifications. In particular, in order to benefit from the GPS geolocation and guidance service offered by Onepark, the User must ensure the activation and configuration of his location data.
The User undertakes to comply with the T&Cs and the General 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 has reserved a Parking Space, the Code of the road as well as, more generally, to all the laws and regulations in force.
In particular, the User undertakes to comply with the provisions of the Highway Code in the context of his use of the Onepark Solution, in particular during GPS guidance to a Parking Space and inside it. . As such, the User acknowledges that the use of a telephone held in the hand by the driver of a vehicle is strictly prohibited. Thus, when the User activates the GPS geolocation and guidance service offered by Onepark, the telephone or screen used must be held by a support and not held in the hand.
The User agrees not to damage, degrade, deteriorate or soil the Partner Car Parks and the vehicles and other furniture therein in any way.
The User must not under any circumstances use the information appearing on the Application or the Site to provide the public with a directory service or a service competing with the Application or the Site.
The User undertakes not to use the Application, the Site and the Services offered therein for illegal or fraudulent purposes or in a way that contravenes public order or morality or that is detrimental to in any way whatsoever to Onepark, its Partners or any third party. The User must also refrain from any act of piracy in any form.
In the event of a breach by the User of any of the stipulations of the T&Cs, Onepark reserves the right to proceed with the deletion of his Personal Account, unilaterally and without compensation, after sending the User to the email address provided. in his Personal Account of a formal notice that has remained unsuccessful for forty-eight (48) hours from the date it was sent.
12. Liability of Onepark and its Partners – Limitations
Onepark is only bound by an obligation of means in the context of the Services it provides via the Site or the Application.
In any event, the liability of Onepark and/or its Partners is expressly limited to the amount paid by the User when booking.
Under no circumstances can Onepark be held liable for unforeseeable, indirect or immaterial damage such as, without this list being exhaustive, loss of profits, loss of income, loss of commercial opportunities, loss or damage to brand or reputation, etc.
Similarly, Onepark cannot be held liable for (i) a total or partial inability to access the Site or the Application or to use the Services offered there due to an operator of electronic communications and/or access provider, (ii) fault or negligence on the part of the User or incompatibility of the materials he uses or their configuration with the Site, the Application or the Services offered , (iii) due to a third party or third-party software, or (iv) a case of force majeure, including the interruption of the means of telecommunications for any reason whatsoever.
Finally, the service contract for the supply of a Parking Space being concluded between the User and the Partner Parking, over which Onepark has no control, Onepark cannot be held liable due to (i) an inaccuracy information relating to Partner Car Parks, (ii) non-performance or improper performance by a Partner of its obligations under a Reservation made via the Site or the Application, (iii) damage caused to the User's vehicle or to the User himself in or near the Partner Car Park, or (iv) the theft of the User's vehicle or its contents.
13. Information - Complaints
Any request for information, clarification and follow-up on Reservations must be sent to Onepark customer service, using the electronic form on the Site or by telephone at the following telephone number: 01 80 88 96 49 (France).
It is recalled that any Reservation made on the Site or the Application legally binds the Parking Partner vis-à-vis the User and the User vis-à-vis the Parking Partner. The Parking Partner is therefore solely responsible for the proper performance of the parking services (and its associated services) provided.
As a technical intermediary, Onepark centralizes complaints relating, in particular, to parking services. Any complaint must be addressed as soon as possible and at the latest within 15 (fifteen) days following the end of the Service used, by e-mail to the address [email protected] and by registered letter with request for opinion. reception at the following address: Onepark – Customer Services - 10, rue Chaptal, 75009 Paris. After this period, no complaint can be taken into consideration.
The receipt and processing of a complaint by Onepark does not imply acceptance of its merits. If the complaint concerns a Service offered by a Partner, Onepark's customer service will forward it to the Partner concerned on whose behalf it is acting under the conditions and limits provided for by the T&Cs.
Onepark has set up interactive communication tools that allow the User to comment on and note the parking conditions, the Partner Car Parks and the Parking Spaces in which he has parked via the Site or the Application. Onepark reserves the right to delete any comment or appreciation that in any way infringes the rights of third parties.
The User may neither publish hypertext links to websites whose content contravenes the laws and regulations in force and/or the provisions of these T&Cs nor reproduce trademarks, logos or any other acronym or element without having the necessary rights. .
The Site and the Application may contain, where appropriate, hypertext links and/or hyperlinks to websites published and hosted from third-party servers over which Onepark has no control. Onepark declines all responsibility in the event of access by the User to these sites.
15. Personal data
The personal data communicated by the User when using the Site or the Application (including geolocation data and the User's bank data) allow Onepark and its Partners to manage the relationship with the User. , to provide the Services offered on the Site and the Application, to optimize parking in the Partner Car Parks, to manage the means of access to the latter and to send commercial offers to the User, where applicable. The data essential to Onepark and its Partners are marked with an asterisk when creating the Personal Account. If these mandatory data are not mentioned, the Personal Account cannot be created. The other information, the provision of which is optional, is intended to get to know the User better and to improve the Services offered to him. Failure to provide this optional data will not prevent the creation of a Personal User Account.
Onepark is responsible for processing the data collected on the Application and the Site.
The recipients of the data are Onepark, its subcontractors as well as the Partners concerned by the Services subscribed by the User. The User expressly accepts that his personal data will be stored, processed and transferred by Onepark to its Partners or subcontractors, including in other countries of the European Union, who will however only be able to access this personal data for the needs of the provision of the Services and in compliance with the legal and regulatory provisions in force.
When the User has ticked the box indicating: "I agree to receive commercial information from Onepark partners", his personal data may be transmitted to Onepark Partners and third-party partners. The User will then be likely to receive commercial information from Onepark Partners and third parties by email, telephone (sms, mms, etc.) or post.
In accordance with Article L. 223-2 of the Consumer Code, the User is informed that if he does not wish to be the subject of commercial prospecting by telephone, he can register on the opposition list. cold calling, available at www.bloctel.gouv.fr .
In accordance with law n ° 78-17 relating to data processing, files and freedoms of January 6, 1978, as modified by law n ° 2018-493 of June 20, 2018, the User has a right to access, rectification, modification, opposition, deletion, erasure, limitation of processing and portability of personal data concerning him as well as the right to define directives relating to the fate of his personal data after his death. The User may exercise this right by sending a letter to Onepark Customer Service 10 rue Chaptal – 75009 or a request by e-mail to the address [email protected] Any request to this effect is free of charge, does not have to be substantiated and may be made at any time, including after the collection of the User's personal data. It must however be signed, accompanied by a photocopy of the User's identity document, bearing his signature, and specify the address to which the response must be sent. A response will be sent to the User within two months of receipt of the request.
The personal data communicated by the User when using the Site or the Onepark Application are kept by Onepark for a period not exceeding that necessary with regard to the purposes for which they are processed, and in accordance with the legal provisions and regulations in force. At the end of this period, all the personal data communicated by the User will be automatically deleted.
When consulting the Site and the Application, information relating to the User's browsing may be recorded in cookie files installed on the User's computer or mobile terminal, subject to the choices expressed by the User, which can be modified at any time. For more information on the type of cookies used on the Site or on the Application, the purpose of each of them and the means of opposing and setting these cookies, the User is invited to consult the page Cookies present on the Site and the Application, by clicking on the “Cookies” link.
16. Intellectual Property
Onepark or its Partners are the exclusive holders of the intellectual property rights relating to the Site, the Application and their content (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, brands , logo, domain names, etc.).
Any representation, reproduction, modification, adaptation, translation, publication, exploitation of all or part of the Site or the Application or the elements or data that compose it is strictly prohibited without the prior written consent of Onepark.
The use of hypertext links and/or hyperlinks pointing to the Site or the Application is authorized by Onepark provided that it is carried out for the sole purpose of promoting Onepark and provided that the integrity of the Site or the Application is preserved and that no risk of confusion between the Site or the Application and sites published by third parties is observed. Any other use is prohibited without the prior written consent of Onepark.
In particular, Onepark formally prohibits any User from using techniques known as "framing", "inline linking" and "deep-linking" relating to the unauthorized servile reproduction of the content of the Site and its integration on web pages published by third parties.
17. Applicable law – Jurisdiction
These Terms are governed, interpreted and subject to French law.
Any dispute relating to the T&Cs or the Services offered and/or subscribed via the Site or the Application that cannot be resolved amicably will be subject to the exclusive jurisdiction of the French courts.
Notwithstanding the foregoing, the User is informed, in accordance with Article L. 612-1 of the Consumer Code, that he may in any case have recourse free of charge in the event of a dispute, to conventional consumer mediation. . The User can thus refer 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 referral procedures appear at the address https://www. .mtv.travel
The original version of these T&Cs was written in French before being translated into other languages. These translations are made and provided solely as a courtesy and for information. In the event of a dispute over the content or interpretation of the T&Cs or in the event of inconsistency or difference between the French version and a translated version, the French version shall prevail and shall prevail unless otherwise provided by national public policy.
The French version is available on the Site by choosing the French interface.
18. Miscellaneous Provisions
18.1 Partial nullity
If one or more stipulations of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become final from a competent jurisdiction, the other stipulations of the T&Cs will retain all their strength and reach.
Onepark will replace the invalidated provision(s) with a provision having an equivalent economic effect.
18.2 No Waiver
The fact that Onepark does not avail itself at a given time of one of the stipulations of the T&Cs can in no way be considered as a waiver on its part to avail itself later of any of the stipulations of the T&Cs.
18.3 Electronic exchanges
By using the Site and/or Application, the User accepts that communications and exchanges with Onepark and contractual documents (contracts, information notices, invoices) be carried out in electronic format and sent by electronic means. The "OK" button associated with the double-click, authentication and non-repudiation procedure also constitutes a valid electronic signature.
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of [Onepark, 10 rue Chaptal, 75009 Paris] [add e-mail address if available]:......................... ............................................
I, the undersigned [full name and first name given when booking] hereby notify you of my withdrawal from the contract relating to the provision of the services below:
- Provision of a Parking Space located [Name and contact details of the car park]
- Reservation made on [Date on which the Reservation was made]
- Confirmation number # XXXXXX
- Date and start time of the provision of the Parking Space:
- End date and time of the provision of the Parking Space:
- User's postal address
- User email address
Signature of the User (only in the event of notification of this form on paper): ............................
Date and hour :..............................