1. DEFINITIONS
The terms that begin with a capital letter have the following meanings, whether they are used in the singular or the plural:
- “Application”: means the mobile application developed by OnePark and available for download on the App Store and GooglePlay;
- “ToU”: means the terms and conditions of use for the Service along with supporting documents;
- “ToS”: means the present terms and conditions of sale that govern the temporary provision of a Parking Space by the Car Park. They are completed by the Car Park’s page and, if applicable, the Car Park’s regulations;
- “Personal Account”: means the account created by each User on the Site or Application in order to access the Services;
- “Parking Space”: means any parking space available for reservation at a Car Park via the Site and Application;
- “Car Park Page”: means each Car Park’s page, on which is listed the location, entry/exit conditions, available spaces and applicable prices;
- “Car Park”: means the car park [and, by association, the company that operates the car park], with full details in Appendix 2;
- “Reservation”: means a Parking Space reserved by a User via the Site or the Application, and the resulting temporary availability contract concluded between the User and the Car Park;
- “Service”: means the service(s) offered by OnePark or its partners via the Site or Application that allow any User to make a Reservation for a Parking Space at a Car Park to park their motor vehicle;
- “Site”: means the website accessible at www.onepark.co, www.onepark.fr or all of their sub-domains as well as all of their elements and content (graphic charter, frameworks, banners, flash animations and video, source code, html code, etc.);
- “OnePark Solution”: means all technology developed and Services offered by OnePark via the Site and the Application;
- “User”: means any person using the Site or Application to make a Reservation for a Parking Space at a Car Park to park their motor vehicle.
2. SCOPE
The present ToS set the conditions under which (i) the Car Park may provide a Parking Space reserved through the OnePark Site and Application to a User, and (ii) the User may make their Reservation and use the Parking Space.
The present ToS only apply if the Car Park has not provided its own terms and conditions in the space provided by OnePark.
The present ToS govern only the temporary provision of a Parking Space as agreed upon by the Car Park and the User, and complement the ToU, which govern only the contractual relationship of Service provision established between OnePark and the User.
This ToS contract is completed by:
- The confirmation email that the User receives after making a Reservation;
- The Car Park profile;
And, if applicable, the Car Park’s regulations. In accepting the present ToS, the User also accepts the obligations listed on the Car Park’s profile and, if applicable, the regulations of the Car Park in question.
The ToS and ToU do not derogate from each other; the User is required to accept both simultaneously in order to use the Service and occupy the reserved Parking Space.
The present ToS apply to the contractual relationship between the Car Park and the User. They are available when the Reservation contract is being concluded on the Site and Application. OnePark, as a simple technical intermediary, is not concerned by these ToS.
3. RESERVING A PARKING SPACE
A User making a Reservation for a Parking Space and then using that Parking Space implies full and unconditional acceptance of the present ToS and the ToU.
When making a Reservation for a Parking Space on the Site or the Application, the User declares having acknowledged (i) the present ToS and the ToU, (ii) the Service and Car Park terms of use available on the Site or the Application, and agrees to comply with the stipulations of the present ToS, the ToU, and if applicable the stipulations of the Car Park’s rules of use as published by the Car Park, as well as with any instructions given upon accessing the Car Park or parking their vehicle in the Parking Space by any authorized Car Park agent.
4. ORDER PLACEMENT PROCESS ON THE SITE OR APPLICATION - PRE-CONTRACTUAL INFORMATION
4.1. Conditions for Order Confirmation
Any person who wishes to make a Reservation for a Parking Space via the Site or the Application must fill in all required fields. The Reservation cannot be confirmed unless all fields are filled in. Order completion and Reservation confirmation are only possible if the User confirms having acknowledged and agreed to the ToU and the present ToS.
The present ToS apply only to Reservations at the Car Park, exclusive of any other type of reservation. Any new Reservation implies acceptance of the new ToS, and given that the ToS may be modified between two Reservations, the version of the ToS that applies to the Reservation is that which is available on the Site or Application when the Reservation is confirmed.
4.2 Order Placement Process
A User wishing to make a Reservation for a Parking Space must first fill in, on the Site or Application, the address (street, number, city and postal code) of the location near which they would like to park their vehicle, as well as the dates and times of the beginning and end of use of the Parking Space.
It is the User’s responsibility to confirm the distance between the selected Car Park and the address submitted.
It is also the User’s responsibility, after they have selected a Car Park, to confirm that the information on the Car Park’s Page, including written information and pictograms, fully corresponds to the User’s criteria and the characteristics of their vehicle.
The available information includes the type of vehicle authorized to park there (automobile, motorcycle, etc.), the maximum vehicle dimensions authorized, any restrictions, modification and/or cancellation policy, vehicle access conditions, pedestrian access conditions, the Car Park’s opening and closing hours, type of Car Park (covered / outdoor), the services offered (attendant, video surveillance, handicap access, elevators, restrooms, etc.).
Unless expressly stated otherwise, vehicles using liquefied petroleum gas ARE NOT AUTHORIZED to access and park in the Car Park.
In order to complete their order, the User must also:
- complete the form on their identity (last name, first name), address and telephone number, and that of their vehicle (model and licence plate number). In so doing, they attest that all information provided is true. The User commits to using the vehicle indicated in the Reservation to access the Car Park, otherwise access may be refused and the Car Park may not be considered liable as a result.
- use the method of payment entered when the account was created or add a new valid card number, so that the amount corresponding to occupation of the Parking Space may be charged, and if necessary any additional amount resulting from exceeding the parking duration that was indicated upon Reservation. The User commits to maintaining the banking information supplied upon confirmation of the Reservation until 30 days following the recuperation of the vehicle parked in the reserved Parking Space, in order to ensure completion of the transaction.
4.3 User Commitments
In confirming their Reservation and throughout the use of the Parking Space, the User commits to respecting, or to ensuring that any driver authorized to drive the vehicle indicated in the Reservation respects:
- The parking rules as laid out by the present ToS, if necessary supplemented by the regulations posted at the entrance to the Car Park,
- The signs located outside and inside the Car Park indicating the applicable access, parking, security and traffic conditions (reserved spaces, direction of traffic, speed limits, etc.), and, generally,
- All traffic regulations.
The User guarantees that they are capable, adult and in possession of the registration certificate of the vehicle indicated in the Reservation.
The User guarantees that the vehicle indicated in the Reservation is insured, and that they are, as the driver, also insured, that the risks covered by their policy will remain covered throughout the vehicle’s parking in the Car Park, and commits to providing proof of insurance upon first request and, generally, that they will respect all legal and regulatory obligations pertaining to insurance. The User guarantees that they (or the driver of the vehicle indicated in the Reservation) possess a valid driver’s licence that corresponds to the category of the vehicle.
The User commits to occupying the Parking Space, in a reserved space as indicated by the markings on the ground, only for parking their vehicle, exclusive of all other uses, for the duration indicated in the Reservation. The User must turn off their motor as soon as they have parked their vehicle and ensure that it is locked with the windows closed. The User commits to refrain from damaging, defacing or dirtying by any means whatsoever the Car Park and the vehicles and other objects located there and commits to leaving the Parking Space as they found it. The User must refrain from washing and working on their vehicle inside the Car Park, or repairing it in any way.
The User has no claim to reimbursement if they leave the Parking Space before the end of the Reservation period.
If, when taking their vehicle out of the Car Park, the barrier/exit door is already open, the User must follow the procedure as indicated to inform OnePark that they have finished using the Parking Space. If not, at the end of the Reservation period, use of Parking Space will still be billed to the User at the rates in force until the User informs OnePark, with adequate proof, that they are no longer using the Parking Space.
If they exceed their planned parking duration by more than eight (8) days, or if their vehicle is parked or immobilized outside the designated Parking Space or the reserved parking area, the User will be subject to a fine of two hundred (200) euros including tax, in addition to the sums due for exceeding the parking period. After warning the User in writing, OnePark or the Car Park may have the User’s vehicle removed, at the User’s sole expense and risk.
If so, the vehicle will be towed outside the Car Park, and left in a short-term parking space on a public road. The expense of moving and parking the car is the responsibility of the User, and neither the Car Park nor OnePark may be considered liable, particularly if the vehicle is impounded.
The User commits to refrain from storing valuable, dangerous, toxic, flammable and/or banned goods in the vehicle parked in the Parking Space. The User guarantees that the vehicle parked in the Parking Space is in good condition and up-to-date on official service check-ups, if applicable. The User guarantees that they are either the owner of the vehicle parked in the Parking Space or have the right to drive it, whether it is a rental or borrowed vehicle.
The User acknowledges and agrees to respect all rules and regulations cited above, and agrees to their vehicle being towed (if it is parked in a space that obstructs traffic or that is not authorized for their type of vehicle) or to paying a fine (most likely if the vehicle is parked in two Parking Spaces instead of one).
The User commits to acknowledging all indications for accessing the Car Park and the Parking Space available on the Site and Application upon confirmation of the Reservation, without waiting for the day and time on which they plan to access the Car Park and the Parking Space, as neither the Car Park nor OnePark may be held liable if the User cannot find the Car Park or the Parking Space for this reason.
4. 4. Pre-contractual Information
In accepting the present ToS, the User acknowledges having received, before making their reservation, in a readable and comprehensible format, the ToU, the present ToS, and all information mentioned in articles L.221-5, L.111-1, L.111-2, R.111-1 and R.221-2 of the French Consumer Code, particularly:
- the essential characteristics of the Parking Space service offered by the Car Park (the “Provision”),
- the price of the Service (including the price of the Provision),
- the date on which the Provision will take place,
- information on the identity of the Car Park, its address, telephone number and email for efficient handling of claims,
- the possibility to use a consumer ombudsman in a potential litigation,
- information on the right of withdrawal (existence, policy, deadline, how to do so, withdrawal form), how to cancel and other important conditions of the contract.
5. RATES AND METHODS OF PAYMENT
5.1 RATES
The Services and Provision offered by the Car Park are provided at the rates in force on the day the Reservation is made, as they are indicated on the Car Park’s page that can be consulted before reserving on the Site or Application, and as they are confirmed when the Reservation is confirmed and completed. The rates may be calculated based on various criteria (hourly rate, rate per minute, flat rate, subscription, etc.).
The rates are given in the currency selected by the User in the list of currencies available on the site, and include tax.
If the User keeps their vehicle parked after the time limit indicated in the Reservation, they commit to paying any extra fees in accordance with the rates in force when the time limit is exceeded.
The User understands that the Car Park reserves the right to change their rates at any time, and that rate changes do not apply to orders already made and for which the User has already received a confirmation email.
The User understands that any “Free Parking” sign that may be displayed at the entrance to or inside a hotel’s Car Park does not apply to them, as free parking is reserved for hotel guests only.
5.2 PAYMENT
Short-Term Parking Space Reservation: Any short-term Reservation of a Parking Space made on the Site or Application must be paid in full on the day the Reservation is made and confirmed, using any means of payment available online on the OnePark Solution.
Reserving a Parking Space Subscription: Any Reservation for a Parking Space subscription made on the Site or Application must be paid in full on the day the Reservation is made and confirmed, or paid monthly (if applicable), using any means of payment available online on the OnePark Solution. The User commits to writing a security deposit cheque if necessary. This amount will be reimbursed at the end of the subscription period.
The User understands that any incident or failure to pay may lead to access to the Parking Space being suspended or revoked. If the vehicle is parked in the Parking Space at the time of the incident or failure to pay, the vehicle may be towed by the Car Park, at the User’s expense and risk, and the User must then retrieve their vehicle at their own expense. The User is liable for all fees incurred for any reason whatsoever by occupying the Parking Space beyond the dates and times stipulated in the Reservation.
5.3 PAYMENT METHODS AND SERVICES
The sums that the User owes the Partner may be paid by debiting a bank card or any other method of payment that the User inputs when making the Reservation.
The User may access the corresponding invoice by signing into their Personal Account.
The User understands that the same means of payment that they entered to make the Reservation will be used for the payment of the Reservation, as well as for the payment of any additional fees if they exceed the duration reserved and any other fees incurred in application of the present ToS.
Reservations are paid using the secure payment tools provided by OnePark’s payment service provider, and this intermediary guarantees the confidentiality of the payment information provided by the User.
The User guarantees that they are authorized to use the means of payment indicated upon Reservation confirmation and that this means of payment gives access to sufficient funds to cover the cost of the Reservation as well as any additional fees incurred by exceeding their time limit or in application of the ToS.
If the payment is refused, the Reservation will be automatically cancelled and the User will be informed of said cancellation by email.
6. SUPPLYING THE PROVISION
6.1 ACCESSING THE CAR PARK
In order to access the Parking Space, the User must use the means of access that is communicated to them in the Reservation confirmation email.
The User may access their Parking Space, depending on the Car Park:
- Either with an access code that they receive, typed into the OnePark control box;
- Or by providing the Car Park agent with a copy of the confirmation email.
All details for accessing the Parking Space are communicated in the Reservation confirmation email.
Neither the Car Park nor OnePark may be held liable if the User loses this information.
6.2 Car Park Service
Unless the User cancels or changes their Reservation within the time limit allotted, the Parking Space will be available to the User for the days and times indicated on the Reservation and the confirmation email.
The Car Park commits to providing the User with a service in accordance with the information on the Car Park’s page (hours, access conditions, transportation, monitoring, cancellation procedures, location, price, covered or not, etc.).
The service provided by the Car Park includes only the provision of a Parking Space in the Car Park, exclusive of any other service. Unless there is a specific option available or an additional service has been expressly agreed upon, the Car Park does not monitor the parked vehicles, and the amount paid for the Reservation covers parking only, not vehicle surveillance or storage. Therefore, neither the Car Park nor OnePark may be held liable if the vehicle parked in the Parking Space is damaged or stolen. The User therefore parks their vehicle at their own risk.
6.3 End of the Provision
If the User fails to retrieve the vehicle parked in the Parking Space on the day and before the time limit indicated in the confirmation email, they will be liable for paying the parking fees incurred until they retrieve their vehicle, in accordance with the rate in force when the time limit is exceeded. Any extra fees will either be billed directly by the Car Park or by OnePark.
If the client retrieves their vehicle before the agreed-upon date and time, they may not request reimbursement for the time unused.
If the User does not use the Parking Space, they may not request reimbursement unless they have exercised their right of withdrawal, cancellation or modification within the time limits indicated in paragraph 7.2 below.
7. MODIFICATION AND CANCELLATION POLICY / RIGHT OF WITHDRAWAL
7.1 MODIFICATION AND CANCELLATION
The User may at any time, until the time limit stipulated on the Car Park’s Profile, and as long as Parking Spaces remain available, change their Reservation, free of charge.
The Car Park’s cancellation policy is communicated to the User when they select the Car Park on the Site or Application. The User may cancel their Reservation, through their personal account on the Site or Application, until the time limit stipulated on the Car Park’s Profile, free of charge.
If they choose to do so, the User will be fully reimbursed, and the amount will be credited to the account from which the Reservation was paid within fourteen (14) days.
After the indicated time limit has passed, Reservations may no longer be cancelled. Therefore, no reimbursement will be paid, and the amount already paid will be kept as a deposit.
If the User has a legal right to withdrawal, they may, in certain cases, exercise this right to obtain a reimbursement as described in article 7.2 below.
7.2 WITHDRAWAL
7.2.1. Legal Withdrawal Deadline and Right to Withdrawal
Any User that has made a Reservation has, as stipulated by the law, as long as they are a non-business individual, a withdrawal deadline of fourteen (14) days following the confirmation of their order.
The User may, during this time, exercise their right to withdrawal without justification.
At the explicit request of the User, the Provision may begin before the end of the withdrawal time limit. The User expresses this request when they make the Reservation and accept the present ToS. The Provision is considered to begin on the date of entrance to the Car Park, as indicated in the Reservation.
In accordance with article L.221-28 of the French Consumer Code, the User may only use their right to withdrawal if the Provision has been completed before the 14 days are up. The Provision is considered complete at the end of the duration of the Reservation or, if applicable, on the date of exit from the Car Park if the User decides to exit before the end of the duration indicated in the Reservation without having exercised their right to withdrawal under the terms mentioned in article 7.2.2.
7.2.2 Exercising the Right to Withdrawal
If the User wishes to exercise their right to withdrawal, they must send notification within the withdrawal deadline, in the form of a clearly worded statement. The right to withdrawal may be exercised online, using the withdrawal form available in Appendix 1 of the ToS, in which case a confirmation of receipt on a durable medium will be immediately sent to the User.
The User may send a request for withdrawal by email or mail to the addresses listed in Appendix 2.
If the right to withdrawal is exercised within the withdrawal limit mentioned above and before the date on which the Parking Space is to be made available, the price of the Service and Provision will be reimbursed in full to the User as soon as possible, and in any event, at the latest within fourteen (14) days after reception of the withdrawal form or any other clearly worded declaration of withdrawal.
If the right to withdrawal is exercised within the withdrawal limit mentioned above but after the date on which the Parking Space is to be made available, the price of the Service and Provision will be reimbursed to the User, but prorated for the time remaining on their Reservation, as the User is then only liable for the portion of the price that corresponds to actual use of the Parking Space, or if applicable for the time during which the Parking Space was effectively unavailable.
The reimbursement will be made via the same means of payment as used for the Reservation. This reimbursement will incur no extra fees whatsoever for the User.
8. INABILITY OF THE CAR PARK TO SUPPLY THE PROVISION AS ORDERED
If the Car Park is unable to supply the Provision ordered by the User on the dates and times as agreed, the User will be informed as soon as possible by email or telephone, and will be reimbursed within 14 days.
OnePark, as part of its client satisfaction policy, will do its best to offer an equivalent parking solution to the User, at the expense of OnePark or the Car Park, and the User expressly agrees to waive all other form of compensation.
If a User who has made a Reservation for a Parking Space cannot, due to a technical issue or for any other reason whatsoever, if this issue is attributable to the Car Park, access and/or use the reserved Parking Space for the times and dates indicated on the Reservation, the User should contact customer service using the contact details provided in Appendix 2, and customer service will attempt to find an alternate parking solution. In any event, the User will be reimbursed within 14 days, and agrees to waive any other form of compensation.
9. LIABILITY AND FORCE MAJEURE
9.1 LIABILITY
The Car Park shall not, for any reason whatsoever, be held liable for material, indirect, foreseeable or unforeseeable damage or economic loss (including loss of profit or potential profit) that results from the Reservation and provision of a Parking Space.
The User shall be liable for any accidental bodily injury or damage that may occur inside the Car Park in which they have made the Reservation, whether the cause be accident, malicious act or breach of the ToS or the Car Park’s regulations. If the User causes any material damage whatsoever, they commit to alerting the Car Park in question immediately, or they may be held liable.
OnePark, as a simple technical intermediary, may in no case be held liable if the Car Park fails to perform, or poorly performs, their contractual obligations.
9.2 FORCE MAJEURE
The Car Park shall not be held liable if the failure to perform or late performance of one of their obligations under the ToS arises from a case of force majeure.
Contractual force majeure is an event outside the control of the obligor that cannot be reasonably foreseen when the contract is concluded and the effects of which cannot be avoided by taking appropriate measures that prevents the obligor from performing their obligation. If this situation is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If this situation is permanent, the contract shall be terminated and the parties freed of their obligations under the terms of articles 1351 and 1351-1 of the French Civil Code.
The Car Park may thus not be held liable for any situation or event outside their control that occurs after the conclusion of the ToS and interferes in the execution of the Provision under normal conditions.
In such a case, the User may not claim payment of compensation and may not take any legal action against the Car Park.
If one of the aforementioned events occurs, the Car Park commits to informing the User as soon as possible.
10. INFORMATION - CLAIMS
Any request for additional information, details or reservation tracking should be addressed to the customer service department managed by OnePark, using the electronic form accessible on the Site or Application or the phone number on the Site.
As a technical intermediary, OnePark centralizes the claims pertaining to parking services and then manages the relationships with the Car Parks in question. All claims must be sent as quickly as possible and within fifteen (15) days at the latest following the end of the Provision, using the form available on the Site and by registered mail with acknowledgement of receipt sent to the address listed in Appendix 2. Any claim made after this deadline cannot be taken into account.
OnePark and the Car Park collect Users’ personal data for processing in order to put the User in contact with a Car Park and to execute their Reservations or for creating invoices, and generally for managing the commercial relationship with Users. This data is used for the needs of the Contract to which the Users have agreed. The Users’ personal data is retained as long as is necessary for the completion of these needs.
This data is communicated to subcontractors that handle the execution, processing, management and payment of Reservations, as well as to OnePark and/or the Car Park’s partners that take part in the execution of Reservations. Each Car Park may internally process this personal data for the sole purpose of the management and general administration of its Car Park.
In accordance with the applicable regulations, Users’ personal data may be used by OnePark, after a Reservation, as part of commercial actions for information / prospecting and/or User loyalty programs, and the User may at any time opt out of this use.
In accordance with the stipulations of the French January 6, 1978 law “Informatique et Libertés” n°78-17, as modified by law n°2018-493 on June 20, 2018, and the General Data Protection Regulation n° 2016/679, the User has the right to access, correct or contest their personal data, have it removed or erased, limit its processing and transferability, and has the right to decide how their personal data will be treated after their death. The User also has to right to contest the digital processing of their personal data and to make a claim to a supervisory body.
The User may exercise this right by sending a letter to the customer service department managed by OnePark - at the address listed in Appendix 2 - or by making a request using the form available on the Site. All requests of this nature are free of charge, do not need to be justified, and may be made at any time, including after the collection of the User’s personal data. However, Users must attach a photocopy of their identity document to attest to the legitimacy of their request.
The Site’s Privacy Statement indicates all uses of Users’ personal data.
12. PARTIAL NULLITY
If one or several provisions of these ToS should be declared null or unenforceable in application of a law, a regulation or following a decision of the competent court, the validity of the other provisions and of the entire ToS shall not be affected or reduced.
13. GOVERNING LAW - LANGUAGES
The present ToS and the resulting transactions are governed by and subject to French law.
The present ToS have been written in French. If they are translated into one or several foreign languages, only the French text shall have authority in any potential litigation.
14. LITIGATION
Any litigation that may arise from the present ToS, whether it pertains to their validity, interpretation, execution, termination, consequences or results, and that cannot be resolved amicably between the Car Park and the User, shall fall within the exclusive jurisdiction of the competent French courts under common law.
However, the User is informed, in accordance with article L.133-4 of the French Commercial Code, that they may always request conventional mediation by a French Commercial Court, and that the Car Park’s mediator is the Conseil National des Professions de l’Automobile (CNPA).
The CNPA’s contact information and referral procedures are available at http://www.mediateur-cnpa.fr/.
The European Commission’s Online Dispute Resolution platform is available at: http://ec.europa.eu/consumers/odr.
APPENDIX 1: Withdrawal Form
(Please complete this form and send it back only if you wish to withdraw from the contract.)
[OnePark, 10 rue Chaptal, 75009 Paris] [add email if available]:.....................................................................
I the undersigned, [full first and last name as entered for the reservation], hereby inform you that I am officially cancelling our contract regarding the following services:
- Rental of a Parking Space located at [name and address of the Car Park]
- Reservation made on [date on which the Reservation was made]
- Confirmation number # XXXXXX
- Date and time of beginning of Parking Space rental:
- Date and time of end of Parking Space rental:
- User’s Name:
- User’s Address:
- User’s Email Address:
User’s Signature (only if this form is sent as a hard copy):................................
Date and Time:..............................
APPENDIX 2:CAR PARK CONTACT INFORMATION