GENERAL TERMS AND CONDITIONS OF SALE - UPDATED ON 20 FEBRUARY 2023
1. 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 without any time limit with the possibility of cancellation at any time;
- Application": means the mobile application software developed by Onepark and available on the Appstore and GooglePlay online download platforms;
- TOS": means the general terms and conditions of use of the Service and any documents supplementing them;
- GTC": means these general terms and conditions of sale governing the temporary provision of a Parking Space by the Car Park. They are supplemented by the Parking Form and, where applicable, the Parking Rules;
- Personal Account": means the account created by each User on the Site or the Application in order to access the Services.
- "Parking Space": means any parking space offered by a Car Park via the Site and the Application;
- "Car park sheet": means the sheet(s)/page(s) specific to each Car Park, which specifies in particular the location of the 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;
- "Car Park" means the car park (and by extension the company operating the car park) whose full details are set out in Annex 2 ;
- "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 Car Park;
- Service": refers to the connection 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 website 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 person using the Site or the Application to make a Reservation for a Parking Space with a view to parking a motorised land vehicle.
2. SCOPE OF APPLICATION OF THE GCV
These GTCs govern the conditions under which (i) the Car Park provides the User with a reserved Parking Space via the Onepark Website and Application, and (ii) the User makes a Reservation and uses the Parking Space.
These GTC apply only if the car park has not provided its own general conditions in the space provided by Onepark.
The present GTCs exclusively govern the temporary provision of a Parking Space between the Car Park and the User, and are complementary to the GTCs which exclusively govern the contractual relationship between Onepark and the User.
The contract formed by the GTC is necessarily completed by :
- The confirmation email received by the User after the Booking;
- The Parking Form ;
As well as, where applicable, the rules of the car park receiving the Reservation. By accepting these GTC, the User also accepts the obligations set out in the Parking Form and, where applicable, in the rules and regulations of the Parking Facility receiving the Reservation.
The GTC are not exclusive of the GTC and vice versa, the User must accept the GTC and the GTC in order to benefit from the Service and use the reserved Parking Space.
These GTC apply to the contractual relationship between the Parking Provider and the User. They are accessible at the time of the conclusion of the Reservation contract on the Website and the Application. Onepark, as a simple technical intermediary, is not a party to these GTC.
3. RESERVATION OF A PARKING SPACE
The User's reservation of a Parking Space and subsequent use of the Parking Space implies full and unreserved acceptance of these GTCs on the one hand and of the GCU on the other.
By reserving a Parking Space via the Website or the Application, the User declares that he/she has read (i) these GTC and the GTCU, (ii) the terms of use of the Service and the Car Park available on the Website or the Application, and undertakes to comply with the provisions of these GTCs, the GTCs, and, where applicable, with the provisions of the Car Park regulations published by the Car Park, as well as with any instructions given when accessing the Car Park or parking the vehicle in the Car Park by any authorised Car Park employee.
4. PROCESS OF PLACING ORDERS ON THE SITE OR ON THE APPLICATION - PRE-CONTRACTUAL INFORMATION
4.1. Conditions for validating an order
Any person wishing to make a Reservation for a Parking Space in the Car Park via the Site or the Application must fill in all the mandatory fields proposed. Validation of the Reservation is only possible if all the fields are filled in. The order can only be finalised and the Reservation validated if the User confirms that he/she has read and accepted both the GTC and these GTC.
These GTC are applicable only for the purposes of the Car Park Reservation, to the exclusion of any other reservation. Any new Reservation implies the acceptance of new GTCs, it being specified that the GTCs may be modified between two Reservations, the version applicable to the Reservation being the one available on the Site or the Application at the time the Reservation is validated.
4.2 Ordering process
The User wishing to make a Reservation for a Parking Space must first indicate on the Site or the Application (i) whether he wishes to subscribe to a Package or a Subscription, (ii) the address (street, number, town and postcode) of the place in the immediate vicinity of which he wishes to park his vehicle and, (iii) the date and, if applicable, the time of the beginning of his Reservation. If the User wishes to subscribe to a Package, he/she will also indicate the duration of his/her Reservation.
It is the User's responsibility to check the distance between the selected Car Park and the address entered.
Similarly, it is the User's responsibility, once he or she has selected the Car Park, to check the information available on the Car Park Card, whether it is written information or pictograms, in order to ensure that the characteristics of the selected Car Park correspond in every respect to the User's criteria and the characteristics of his or her vehicle.
The information available includes the type of vehicle authorised to park (car, motorbike, etc.), the maximum authorised dimensions of the vehicle, any restrictions, the conditions of modification and/or cancellation, the conditions of access for the vehicle, the conditions of access for pedestrians, the opening and closing times of the car park, the type of car park (covered/outside), the services offered (guard, video surveillance, disabled access, lifts, toilets, etc.).
It is specified that unless otherwise stated, vehicles using LPG are NOT ALLOWED to access and park in the Car Park.
In order to finalise the order, the User must also :
- Complete the form in full with regard to his/her identity (surname, first name), postal and telephone details and vehicle (model and registration number). By doing so, he/she attests to the truthfulness of the information provided.
The User undertakes to use THE VEHICLE INDICATED AT THE TIME OF THE RESERVATION to access the Car Park and agrees not to park two different vehicles on the same Reservation, which is dedicated to the identified vehicle (model and number plate), failing which access may be refused, without the responsibility of the Car Park or Onepark being able to be sought.
- Use the means of payment provided when opening the Personal Account or provide a valid bank card number, so as to allow the amount corresponding to the occupation of the Parking Space to be debited, and, where applicable, any supplement invoiced in the event that the parking time exceeds the time indicated at the time of the Reservation. The User undertakes to keep the bank details provided at the time of validation of the Reservation in force until the end of a period of 30 days following the return of the vehicle parked in the reserved Parking Space, so as to enable the transaction to be completed.
4. 3User's commitments
By validating the Reservation and throughout the period of use of the Parking Space, the User undertakes to respect and ensure respect, where applicable, by any driver authorised to drive the vehicle entered at the time of the Reservation:
- The parking rules set out in these GTCs, where applicable supplemented by the rules at the car park entrance,
- Signs outside and inside the Car Park regulating access, parking, safety and traffic conditions (including reserved parking spaces, direction of traffic, speed limits), and, in general, and
- The rules of the road.
The User undertakes to PARK ONLY THE VEHICLE WHOSE REGISTRATION NUMBER WAS ENTERED AT THE TIME OF THE RESERVATION, whether it is a Reservation for a Subscription or a Package. In the event that the vehicle's registration has changed between the date the Reservation was made and the access to the Parking Space, the User agrees to inform Onepark by contacting Onepark's support by email at the following address: [email protected], failing which access to the Car Park could be refused, without the responsibility of the Car Park or Onepark being sought. The User acknowledges that changing the number plate is only possible in certain Car Parks, as specified in the Car Park Sheet of the Car Park concerned. In addition, the User agrees not to park two different vehicles on the same Reservation, as the latter is dedicated to the only vehicle identified (model and number plate).
The User guarantees that he/she is capable, of legal age, and holds and possesses the registration certificate for the vehicle mentioned at the time of the Booking.
The User guarantees that the vehicle mentioned in the Reservation 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 effective period of parking in the Car Park, and undertakes to justify this on first request and, more generally, to comply with all the legal and regulatory insurance obligations incumbent on him/her. 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.
The User undertakes to park his vehicle in the precise space allocated to him at the time of the Reservation, the spaces reserved for this purpose being marked on the ground or, in the event of free parking, in one of the available spaces, for the sole purpose of parking his vehicle, to the exclusion of any other use and for the duration that may be stipulated in the Reservation. The User must switch off the engine as soon as the parking manoeuvre is completed and ensure that the vehicle is closed, with the windows up. The User undertakes not to damage, deface, deteriorate or soil in any way the Car Park and the vehicles and other furniture therein and undertakes to leave the Parking Space in the state in which it was found. In this respect, the User must not wash or maintain his vehicle in the Car Park or carry out any repairs to his vehicle.
The User may not claim any reimbursement 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 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 billed to the User at the rates in force until the end of the use of the Parking Space has been notified and duly justified to Onepark.
In case of exceeding the planned parking time by more than eight (8) days, or in case of parking or immobilisation of the vehicle outside of a designated parking space or reserved parking area, the User will be liable to pay a penalty of two hundred (200) euros including tax, in addition to the additional amounts due for exceeding the parking time. After warning the User by any written means, Onepark or the Car Park may have the User's vehicle removed from the public highway at the User's expense and risk.
The costs of moving and parking the vehicle on the public highway will be borne by the User, without the Parking and Onepark being held responsible, particularly in the event of the vehicle being impounded.
The User undertakes not to store inside the vehicle parked in the Parking Area any valuable, 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 that he/she at least has sufficient rights to drive it, whether it is a rented vehicle or a vehicle on loan.
The User acknowledges and accepts that failure to comply with the above rules and regulations may result in the vehicle being moved (if the vehicle is parked in a space that obstructs traffic or is not authorised for the category of vehicle) or in a penalty being paid (particularly if the vehicle is parked in two Parking Spaces instead of one).
The User undertakes to take note of the information provided to access the Car Park and the reserved Parking Space available on the Website and the Application as soon as the Reservation is made, without waiting for the day and time when he/she wishes to access the Car Park and the Parking Space, it being specified that the responsibility of the Car Park and Onepark cannot be engaged in the event that the User does not find the Car Park or the Parking Space as a result.
4.4 Pre-contractual information
By accepting these GTC, the User acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the GTC, these GTC and all the information and details referred to in articles L.221-5, L. 111-1, L.111-2, R.111-1, R.111-2 and R.221-2 of the French Consumer Code, and in particular :
- the essential characteristics of the Parking Space provision service offered by the Car Park (the "Service"),
- the price of the Service (including the price of the Provision),
- the date on which the Service is scheduled,
- information on the identity of the car park, its postal address, telephone and e-mail contact details to enable complaints to be dealt with quickly,
- the possibility of having recourse to a consumer mediator in the event of a dispute;
- information on the right of withdrawal (existence, conditions, time limit, how to exercise this right and standard withdrawal form), on how to terminate the contract and on other important contractual conditions.
5. TARIFFS AND PAYMENT TERMS
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 Booking.
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.
5.2 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.
5.3 PAYMENT FACILITIES AND SERVICES
The sums owed by the User to the Partner are paid by debiting the bank card or any other means of payment specified for the purposes of the Booking .
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.
6. DELIVERY OF THE SERVICE
6.1ACCESS TO PARKING
In order to access the Parking Space, the User must use the means of access communicated to him/her in the confirmation e-mail sent to him/her at the end of the Booking.
In this respect, the User may, depending on the Car Park, access his Parking Space:
- Or by using the access code given to them, to be entered on the Onepark access control box;
- Or by providing a copy of the confirmation e-mail to the relevant Parking representative.
All practical aspects of access to the Parking Space are communicated in the confirmation e-mail sent after the Reservation has been made.
Neither the Car Park nor Onepark can be held responsible if the User loses the information required to access the Car Park.
6.2 Provision of Parking
Provided that the User has not cancelled or modified the Reservation within the time limit set for this purpose, the Parking Space will be made available to the User at the location, on the day and at the time indicated at the time of the Reservation and in the confirmation e-mail for the Reservation.
The Car Park undertakes to provide the User with a service that complies with the information given on the Car Park Form and the confirmation e-mail sent after the Reservation has been made (in particular, times, access conditions, transport services, any surveillance conditions, cancellation procedures, location, price, covered or uncovered car park, etc.).
The service provided by the Car Park includes only the provision of a Parking Space in the Car Park, to the exclusion of any other service. In this respect, unless a particular option or additional service is expressly agreed, the Car Park does not provide any custody or surveillance service for the parked vehicle, the amount paid at the time of the Reservation corresponding essentially to a parking right and not a right to guard, surveillance or deposit the vehicle. Consequently, the Parking and Onepark cannot be held responsible for any damage to or theft of the vehicle parked in the Parking Space. The right to park is therefore provided at the User's own risk.
6.3 End of the Service
If the User does not retrieve the vehicle parked in the Parking Space on the day and before the time limit indicated in the order confirmation e-mail, he/she will be liable for the payment of parking fees until the vehicle is retrieved, based on the rate in force at the time for overtime. Any overruns will be invoiced either by the car park directly or by Onepark.
In the event that the customer picks up the vehicle before the agreed date and time, he/she will not be entitled to any refund.
In the event that the User does not use the Parking Space, no refund or credit note may be requested from the User if he/she has not exercised his/her right of withdrawal, cancellation or modification within the time limits indicated in § 7.2 below.
7. CONDITIONS OF MODIFICATION AND CANCELLATION / RIGHT OF WITHDRAWAL
7.1 MODIFICATION AND CANCELLATION
The User may at any time, until the expiry of the deadline stipulated on the Parking Form, and subject to the availability of Parking Spaces, modify his Reservation, free of charge. In such a case, the rates applicable to the Reservation will be those in force on the day of the change.
The User is informed of the terms and conditions for cancelling a Car Park when he/she selects the Car Park he/she is interested in on the Website or the Application. The User may cancel his or her Reservation from his or her personal space on the Site or the Application until the expiry of the time limit stipulated on the Parking Form and in the Reservation confirmation e-mail, free of charge, provided that he or she has not already accessed the Car Park.
In this case, the User shall obtain a full refund of the price paid, the corresponding sum being credited to the account from which the Reservation was paid within fourteen (14) days.
After this period, it is no longer possible to cancel a Booking. Consequently, no refund will be made, the sums paid being retained as immobilisation compensation.
In the event that the User benefits from a legal right of withdrawal, the User may, under certain conditions, exercise this right and obtain a refund as indicated in Article 7.2 below.
7.2.1 Legal 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 present GTC. The Service is considered to begin 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 set out in article 7.2.2.
7.2.2 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 of the GTC, 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 withdrawal request by e-mail or by post to the addresses listed in Annex 2.
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.
7.2.3Waiver 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 7.1 above.
8. IMPOSSIBILITY FOR THE CAR PARK TO PROVIDE THE ORDERED SERVICE
In the event that the Car Park is unable to provide the Service ordered by the User at the agreed date and time, the User shall be informed as soon as possible by e-mail or telephone and shall be reimbursed for the amount paid within 14 days.
Onepark, as part of its customer satisfaction policy, will make its best efforts to offer the User an equivalent alternative parking solution, the corresponding cost remaining at the expense of Onepark or the Parking Authority, the User expressly renouncing any other form of compensation.
In the event that the User who has made a Reservation for a Parking Space cannot, for a technical or any other reason, as long as this reason is attributable to the Car Park, access the Car Park and/or use the reserved Parking Space at the time and date indicated on the Reservation, the User is invited to contact Onepark, whose contact details are given in Appendix 2, which will do its best to find a replacement parking solution. In any case, the User will be reimbursed for the sums paid within 14 days, the User expressly waiving any other form of compensation.
9. LIABILITY AND FORCE MAJEURE
9.1 RESPONSIBILITY
The Car Park cannot be held liable for any material or immaterial, indirect, foreseeable or unforeseeable damage (including loss of profit or opportunity) resulting from the Reservation and the provision of a Parking Space.
The User shall be liable for any injury or damage he/she may cause in the car park where the reservation was made, whether due to clumsiness, malice, or failure to comply with the GTCs or the car park regulations. Users who cause any material damage must notify the relevant Car Park without delay, failing which they will be held liable.
It is specified that Onepark's responsibility, as a simple technical intermediary, cannot be engaged in the event of non-execution or poor execution of contractual obligations attributable to the Car Park.
9.2 FORCE MAJEURE
The Parking Provider shall not be liable if the non-fulfilment or delay in fulfilment of any of its obligations under these GTC is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
The Parking Garage shall not be liable for any circumstances or events beyond the control of the Parking Garage occurring after the conclusion of these GTCs and preventing the Service from being performed under normal conditions.
In such a situation, the User shall not be entitled to claim any compensation and shall have no right of recourse against the Car Park.
In the event of the occurrence of any of the above events, the Car Park shall endeavour to inform the User as soon as possible.
10. INFORMATION - COMPLAINTS
All requests for information, clarification and follow-up of reservations must be addressed to the User Service managed by Onepark on behalf of the Car Parks, by means of the electronic form accessible from the Website or the Application or by telephone on the number indicated on the Website.
In its capacity as technical intermediary, Onepark centralises complaints relating, in particular, to parking services and then manages the relationship with the Car Parks concerned. Any claim must be sent as soon as possible and at the latest within 15 (fifteen) days following the end of the Service, by means of the online form on the Website and by registered letter with acknowledgement of receipt to the address given in Appendix 2. After this period, no claim can be taken into consideration.
Onepark and the Car Park collect the Users' personal data for the purposes of the processing implemented to put the User in contact with a Car Park and to execute Reservations, or to draw up invoices and more generally to manage the commercial relationship with the Users. This processing is carried out for the purposes of executing the Contract to which the Users are party. Users' personal data is kept for the time necessary to achieve these purposes.
This data is communicated to subcontractors in charge of the execution, processing, management and payment of Reservations as well as to Onepark's and/or the Car Park's partners involved in the execution of Reservations. Each Car Park may also implement its own personal data processing for the sole purpose of the management and general administration of its Car Park.
In accordance with the applicable regulations, the User's personal data may be used by Onepark, after a Reservation, for commercial information / prospecting and/or loyalty actions, the User being able to object to such use at any time.
In accordance with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018 and the General Data Protection Regulation No. 2016/679, the User has the right to access, rectify, modify, object to, delete, erase, limit the processing of and port personal data concerning him/her, as well as the right to define directives concerning the fate of his/her personal data after his/her death. The User also has the right to object to the computerised processing of data concerning him/her and the right to lodge a complaint with a supervisory authority.
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.
The User can exercise this right by sending a letter to the customer service managed by Onepark - whose contact details appear in Appendix 2 - or a request via the form accessible on the Website. 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 accompanied by a photocopy of the User's identity document in order to verify the legitimacy of the request.
The User can find out about all the personal data processing carried out by accessing the Site's Privacy Charter
12. PARTIAL NULLITY
If one or more provisions of the GTC are invalid or declared as such by a law, regulation or a final decision of a competent court, the other provisions of the GTC shall remain in force.
13. APPLICABLE LAW - LANGUAGES
These GTCs and the transactions arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
14. DISPUTES
All disputes arising from these GTC, whether concerning their validity, interpretation, performance, termination, consequences or consequences and which cannot be resolved amicably between the Parking facility and the User, shall be submitted to the exclusive jurisdiction of the French courts with territorial jurisdiction under the conditions of ordinary law.
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 European Commission's online dispute resolution platform is available at http://ec.europa.eu/consumers/odr.
ANNEX 1
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of [Onepark, 10 rue Chaptal, 75009 Paris] [add e-mail 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:..............................
ANNEX 2
FULL DETAILS OF THE CAR PARK