I – GENERAL CONDITIONS OF SALE
The Website www.neoparking.com, referred to hereafter as the Website, published by NEOPARK, SAS with a capital of 66,560 €, listed in the Nanterre Trade and Companies Register under n°481 680 098, located at 64, Rue Nationale, 75013 Paris La Défense, France (telephone +33 1 84 17 55 60), represented by Mr Bruno VERPLANCKEN in his capacity as Manager.
These General Conditions of Use come into force on the date they are put on line, and they apply as from the first use of the Website by the visitor. The visitor thus warrants that he submits to the rights and obligations of these General Conditions of Use.
NEOPARK reserves the right to amend these General Conditions of Use at any time.
The visitor acknowledges that he is informed of the fact that his agreement with regard to the content of these General Conditions of Use does not require a handwritten signature of this document.
The visitor is urged to save and print these General Conditions of Use, which shall prevail between the parties.
It is incumbent on any visitor who might not adhere to these General Conditions of Use to no longer use the services proposed by www.neoparking.com
Visitor(s): Any natural person or legal entity that has accepted these General Conditions at the time of first use of the Website.
Member(s): Any natural person or legal entity that has accepted these General Conditions, creating a NEOPARK account on the Website for the purpose of reserving a parking space or any other service proposed by NEOPARK.
The Website makes it possible to reserve parking places on line.
Its purpose is threefold:
– To enable visitors to compare the parking places available in the vicinity of their destination;
– To enable members to benefit from a parking place at an advantageous price: each car park operator has agreed to NEOPARK to propose a reduction in price in relation to the public price on the number of places allotted to NEOPARK on a limited basis;
– To enable car park operators to optimise management of parking places and thus to maximise the occupancy rate.
The visitor chooses his destination, date of arrival, estimated time of occupancy of the parking place, his type of vehicle and other search criteria and then launches a search for availability of a car park.
The result of the search displays the car parks available, the name of the car park operator, the distance (where applicable) of the car park from the destination, the proposed price, the services offered by the car park operator (washing, musical ambiance, etc.), the opinions of the users of the car park and the reduction in price the visitor can benefit from.
A visitor who wishes to reserve a parking place must then become a NEOPARK member by creating a NEOPARK account and filling in the online forms (name, address, identification of the vehicle, etc.) and then proceed to pay for his reservation.
NEOPARK is neither a representative nor an agent of the car park operators.
NEOPARK is not party to the relation between the member and the operator.
NEOPARK grants no guarantee of any kind whatsoever with regard to establishment of a relation between a visitor and the operator of a car park.
In order to be entitled to benefit from the Website reservation services, the visitor must first register as a NEOPARK member. Registration is free of charge.
Registration consists of the following steps:
– Keying in of registration forms (last name, given name, address, email, vehicle identification, etc.);
– Choice of an identifier and a password;
– Reiteration of acceptance of the General Conditions of Use and acceptance of the Specific Conditions of Sale.
The member declares and warrants that the information provided is accurate, and he agrees to update the information if it is changed.
NEOPARK reserves the option to refuse any registration of a visitor who does not meet the obligations specified above.
Acceptance of these General Conditions by the visitor on the registration interface with a double click (1. I tick the box ‘I have read the General Conditions of Use and Sale and I accept them; 2. I click on the box ‘register’) constitutes proof that said provisions have been read and that they will apply as irrevocable acceptance of the presents at the time of future visits. The member is informed that he must consult the General Conditions of Use and Sale regularly and that he must verify them when they are updated.
The member certifies the veracity and accuracy of the information thus provided.
The member alone is responsible for protection and confidentiality of his member name and password as well as of the data he transmits. It is assumed that by any use of his username and password, the member is accessing the services of the Website.
If the registration rules and, more generally, the rules contained in these General Conditions of Use are not observed, the member will be excluded immediately and his account will be terminated.
The visitor declares and warrants on registering as a member that he will observe the following conditions:
– that the information provided is clear, loyal, complete and true;
– that he will not act contrary to the car park operator’s interests whatever they might be (fame, reputation, etc.) by posting rigged opinions;
– that he will observe the in-house rules and regulations and all instructions he is given by the car park operator either on the Website or by means of posting at the car park.
The Website or access to one or more services can, without prior notice or compensation, be closed temporarily or definitively, and this without a member or visitor being entitled to claim compensation of any kind.
The Website is accessible 24 hours a day 7 days a week without this being an obligation on NEOPARK’s part.
It is incumbent on members and visitors that they possess the skills and means (at their expense: Internet access, materials, etc.) necessary for accessing the Website.
The Website has been developed in observance of French legislation, and in particular of the Act for Trust in the Digital Economy of 21 June 2004 as well as of Act 2008-3 of 3 January 2008 for the development of competition in the service of consumers.
Consequently, it responds to use on the French territory. Any access to the Website outside this territory comes under the entire responsibility of the visitor or member, and it is incumbent on him to ensure compliance of the site with the local legislation from where he attempts to access it.
It is drawn to the member’s attention that the operator has declared that it observes all legal and labour rules in force within the scope of his activity.
Moreover, the car park operator, acting in its capacity as a professional, states that it has taken out professional civil liability insurance which is updated regularly.
The information requested, notably through the registration forms on the Website, is necessary for processing said operations. Moreover, it can be used to gain better knowledge of the members and to adapt the NEOPARK offer to the members’ needs.
The member can write the company at the following email address: email@example.com in order to exercise his rights of access and correction with regard to the information concerning him and included in the files pursuant to the conditions prescribed by the Act of 6 January 1978.
The declarations required by Act no. 78-17 of 6 January 1978 relative to Data Processing, Computer Files and Liberties, amended on 6 August 2004, have been filed (receipt n1588047).
All data of a personal nature collected about the member will be processed automatically.
Processing of this data will make it possible to do the following:
– carry out obligations with regard to the member;
– inform the member of any new services.
If the member has so agreed at the time he is identified on the Website, he will be sent emails (electronic mail) proposing new innovations and exclusive items.
A member can ask at any time that he no longer be sent electronic mail by clicking on the link provided for this purpose. This link is located at the bottom of the page of each of the electronic letters sent to him.
In application of the provisions of the Act for Trust in the Digital Economy of 21 June 2004, each car park operator is responsible for all kinds of contents (photographs, commentaries, etc.) provided to NEOPARK and that might be presented on the Website. NEOPARK claims no right to ownership of these contents nor even any obligation with regard to overseeing them.
As it is the Website’s vocation to inform the member of the conditions under which the car park operates, it is incumbent on the car park operator alone to verify the data put on line on the Website and to request that errors be corrected or that additional information be provided.
Moreover, NEOPARK cannot guarantee that the information presented on its Website is complete and free of errors, nor can it guarantee that the information is current.
Despite all the care devoted to putting data on line, said data is provided in the state in which it is received; NEOPARK makes no declaration and grants no guarantee with regard thereto.
Consequently, it is incumbent on the visitor or member to proceed, under his sole responsibility, with all verifications for use of the data provided on the Website and to do so in order to be in possession of all information necessary for taking decisions that are in keeping with his interests.
Items belonging to NEOPARK such as the Website, trademarks, images, sound bites and videos, texts, photos, logo, graphic chart, software, search engine and data bases, without this list being exhaustive, are the exclusive property of NEOPARK.
These General Conditions include no transfer of any kind of intellectual property rights on the items belonging to NEOPARK in favour of the visitors or members.
However, NEOPARK grants the visitors and members a right of access to its Website on a non-exclusive, personal, non-transferable basis and for a use which is compliant with the conditions set out in these General Conditions of Use.
All information present on the Website is covered by the legislation on copyright. Any process of reproduction and any method of representation is conditional on consent by the author by virtue of articles L.122-1 and following of the Code of Intellectual Property.
Written information and/or information which is put on line by the editorial staff of the Website cannot be reproduced freely without explicit authorisation from the director of publication of the Website.
Photos and documents published on this Website remain the property of their respective authors and cannot be copied and/or distributed without authorisation from their authors (inquire with the webmaster).
Any full or partial reproduction, by any process whatsoever, made without prior written consent is illicit and constitutes an act of fraudulent imitation resulting in criminal sanctions.
NEOPARK reserves the right, without prior notice or compensation of any kind whatsoever, to suspend or to remove any member who fails to observe these General Conditions of Use or, more generally, any one of the laws or regulations in force.
Moreover, the member covers NEOPARK against any or all contestations, claims, legal actions and, generally, any difficulty for which NEOPARK might be referred to by a car park operator originating in the member’s dealings.
NEOPARK reserves the right to institute any proceedings it judges useful in defence of its interests and to claim damages in compensation of the prejudice sustained.
A registered member can request removal of his account at any time without being required to provide any reason whatsoever.
NEOPARK cannot be held responsible for failure to perform its obligations due to a case of force majeure within the meaning generally understood by French law and by the courts or due to reasons escaping its control, and in particular for reasons linked to the car park operator.
The member declares and warrants that he alone is responsible for the choice of car park whose contents he has been able to view on the Website. It is incumbent upon him to verify the information communicated by the car park operator through the Website.
NEOPARK is bound by a general obligation of means and cannot be held responsible, within the limits allowed by current regulations, for the following:
– any economic loss;
– any indirect or consequential loss that might be caused, including any loss of profit (whether it is caused directly or indirectly), any loss of clients or loss of commercial reputation or any loss of data that a member might sustain;
– any loss or damage a member or visitor might sustain due to:
– trust placed in the exhaustiveness and accuracy of the data relating to the registration of a car park operator on the Website;
– lack of communication by a car park operator to NEOPARK of precise information concerning its car park;
– the member / holder of the reservation did not proceed / respect the booking procedures as stated on the booking voucher
– inability, in his capacity as member, to keep the password or information about his account in complete security and confidentiality.
These General Conditions are governed by the laws of France.
This is the case for substantive rules as well as for formal rules, whatever the place of consultation and use of the Website by the visitor or the member.
IN THE EVENT OF DISPUTE AND AFTER AN ATTEMPT TO SEEK OUT AN AMICABLE SOLUTION, FORMAL COMPETENCE IS ASSIGNED TO THE FRENCH COURTS OF LAW WITHIN WHOSE JURISDICTION THE PUBLISHER LIES IF THE MEMBER OR VISITOR IS A MERCHANT, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS OR FOR INTERIM PROCEEDINGS OR PROCEEDINGS ON APPLICATION.
II – SPECIFIC CONDITIONS OF SALE
These Specific Conditions of Sale apply to all reservations of parking places by a member. They complete the General Conditions of Use, which remain applicable to all orders.
The member is entitled to keep and to print these Specific Conditions as well as the General Conditions by using the standard functionalities of his browser or of his computer.
The member warrants that he is fully informed of the fact that his agreement concerning the content of these Specific Conditions and those of the General Conditions do not require a handwritten signature.
The purpose of these General Conditions is to define the parties’ rights and obligations for online reservation of available parking places through the sales space accessible on the Website, extending from the placement of orders through after sales services and guarantees and including payment.
The version of the General Conditions of Sale opposable to members is the version including on the Website at the time the reservation is validated by the member.
The various versions of the General Conditions of Sale are archived by NEOPARK.
Prior to making the reservation, the greatest care is devoted to putting information on line bearing on the essential characteristics of the car park for which a reservation is possible as well as on the terms of payment. However, minor variations not affecting the essential characteristics may be present. In no case can these variations engage NEOPARK’s contractual liability.
The member warrants that he has received all useful information and advice enabling him, under his sole responsibility, to take all decisions relative to the choice of car park or car parks. The member has ensured that he possesses the software and hardware enabling him to read the format of the file associated with reserving the parking place.
The prices pertaining to the reservation are indicated on the online sales space devoted to this purpose.
Prices are displayed in euros and are tax inclusive.
When the member’s order is confirmed by email, the total amount of the order will be indicated in euros, i.e. the amount for the reservation of the parking place increased, where applicable, by the insurance taken out by the member.
Prices do not include communication costs for use of the online sales service, which remain payable by the member.
NEOPARK reserves the right to change its prices at any time. However, reservations that have already been paid will be billed on the basis of the rates in force at the time the reservation was recorded.
To make a reservation, the member must key in the identifiers entered at the time of his registration and for which he received confirmation by email.
The member alone is responsible for preserving the confidentiality of his user name, password and data transmitted by him. It is assumed that by any use of his username and password, the member is accessing the services of the Website.
The member shall inform NEOPARK forthwith of any loss or unauthorised use of his account, identifiers and password.
Taking reservations consists of the following steps:
– step 1: identification of the member;
– step 2: filling in the required fields on the information sheets. The member certifies the veracity and accuracy of the information thus transmitted;
– step 3: consultation of the General Conditions of Use and of the Specific Conditions of Sale;
– step 4: acceptance of all General Conditions of Use and of all Specific Conditions of Use by ticking the box ‘General Conditions and Specific Conditions’ (box left unchecked by default) and then by ticking the box ‘I accept’;
– step 5: payment for the reservation;
– step 6: the member receives an acknowledgement of receipt of his reservation by email;
– step 7: the member prints the reservation voucher after downloading the document by clicking on the link for downloading the acknowledgement of receipt.
Any reservation made by the member using the above-mentioned steps applies as irrevocable acceptance of the General Conditions and of the Specific Conditions of Sale.
Further to the applicable regulations, the contractual information will be subject to confirmation by email sent to the address given by the member on the reservation voucher.
The reservation voucher will include the following information:
– description of the reservation that has been made;
– the reservation number;
– total amount for the reservation;
– reminder on the conditions of access to the car park.
It is incumbent on the member, under his responsibility, to keep the contractual information on the media of his choice.
NEOPARK reserves the right not to confirm the reservation, notably in case of refusal to authorise payment, an erroneous address or any other problem with the member’s account. In this case, NEOPARK will inform the member thereof by electronic mail.
The order becomes final only after payment of the total price by the member.
Payment is made online by any of the methods of payment proposed at the time the reservation is validated:
– Paypal account: the member does not communicate his financial information at the time the reservation is made, and he is redirected to Paypal. PayPal Europe is overseen by the Financial Sector Monitoring Commission. PayPal encrypts the card number in order to ensure its confidentiality;
– Banker’s card: data contained on payment cards is encrypted thanks to the protocol (Secure Socket Layer) and never transits unencrypted on the network. Payment is effected directly to NEOPARK’s partner bank.
The banker’s card or the Paypal account is debited at the time the reservation is made. The bill for the reservation will be inserted in the email confirming the reservation which contains the link for downloading the product or products.
In the event of non-payment of the price not justified by a legitimate reason, NEOPARK is entitled to claim delay penalty interest computed on the basis of the legal rate in force increased by three (3) points. The penalty is applicable as from the due date for payment.
In the event of contentious recovery (collection office, lawyer or bailiff), and after a letter sent by ordinary post, NEOPARK’s debt claim will be increased by fifteen (15) percent in application of the penalty clause in addition to the costs and interest stipulated above.
To enter the car park, the member must use the code transmitted by NEOPARK as follows:
– communication of the code at the car park entry using the intercom or to the head of the car park;
– reading of a tag (bar code, QRcode) at the car park entry;
– reading of the registration plate as entered on the member account;
– reading of the banker’s card at the car park entry as entered on the member account;
– reading of an RFID badge.
This code is for a single use. It is thus incumbent on the member to ensure confidentiality of the code. In case of loss, the member can request that a new code be issued only if the code initially attributed has not been used by a third party. NEOPARK declines all responsibility for fraudulent use.
This code can also be obtained directly at the car park entry on condition that the member communicates his name, registration number and time of reservation.
The member agrees not to impair the identification and/or technical control measures integrated into the bar codes.
Moreover, to receive the code by text message, the member must have access to the network of a mobile telephone operator, be in a zone of coverage and ensure that the memory of his cell phone is not saturated.
In application of the current regulations, the member benefits from no right of withdrawal of a reservation within a predetermined period of time. The time limit for withdrawal of seven (7) days provided for by article L.121.20 of the Consumer Code is not applicable, provided that NEOPARK confirms and executes the reservation by providing the car park access code.
The member’s attention is drawn to the fact that the reservation is made on the basis of the statements made by the member, particularly with regard to the date and duration of the parking.
Consequently, once the reservation has been made, it is brought to the member’s attention that he can no longer change the hours and days of the reservation.
Only a change of vehicle in the same category is accepted from the member’s Website member space.
If the duration of parking is less than that initially reserved by the member, no refund or carrying over to another reservation can be requested by the member.
Moreover, if the duration is exceeded, it is incumbent on the member to settle the balance due directly to the car park operator in application of the public price.
To compensate for a member being prevented from using the reservation and thus to be refunded for the reservation according to the terms and conditions specified by the insurance company, it is incumbent on the member to take out a cancellation insurance policy proposed by NEOPARK at the time the reservation is made.
The member is reminded not to consult his text messages while driving and that use of a hand-held cell phone while driving is prohibited (R 412-6-1 of the French Driving Code).
The membership account enables the member:
– to access the history of his reservations and bills;
– to submit re-edition of the reservation;
– to provide an opinion of the car park after a reservation has been closed;
– to update his contact data and password;
– to fill in the types of access (access to the car park by banker’s card, identification of vehicles).
NEOPARK is required to observe the legal guarantee on concealed defects as set forth by article 1641 of the Civil Code, which provides as follows: ‘the vendor is required by guarantee to cover concealed defects of the thing which renders said thing unsuited for the use for which it is intended or which decrease this use such that the buyer would not have acquired it or would have paid only a lower price if he had been aware of these defects.’
NEOPARK has developed for its members a number of applications in mobility in order to enable the members to know the prices, services and states of availability of car parks and, where possible, to benefit from price reductions at car parks in the vicinity of the place he is located by using the e-couponing technique (totally dematerialised coupon displayed on the member’s smartphone).
To benefit from these services, the member must have an Internet access and authorise geolocation on his smartphone, and he must also have downloaded the NEOPARKING application compatible with his smartphone.
These applications are available through the website www.neoparking.com.
NEOPARK cannot guarantee that these applications are compatible with all smartphones on the market, nor can it guarantee long-term sustainability of these applications on certain commercial platforms.
To avoid any possible abuses on e-couponing, tokens known as NEOPASS have been set up for members wishing to benefit from reduction coupons. The member can credit his NEOPASS account only after each reservation that has been paid for and not cancelled, or he can purchase new NEOPASS (in micro-payment).
These Conditions apply throughout the term during which the services offered by NEOPARK remain online.
Computerised registers, kept on the NEOPARK servers or on those of its hosting provider, will be considered as proof of communications, orders and payments between the parties.
These Specific Conditions are subject to the General Conditions, and they are governed by the laws of France. The same is true for the substantive rules and for the formal rules.
In no case does NEOPARK give a guarantee of conformity with local legislation that might be applicable once a member accesses the Website from another country.
In case of contestation, the dispute, if an amicable agreement is not reached, shall come under the exclusive jurisdiction of the French courts of law, the only courts competent. In case of dispute with a professional, only the Commercial Court within whose jurisdiction the NEOPARK registered office is located will be competent.