Mobypark: Terms & Conditions

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GENERAL TERMS AND CONDITIONS MOBYPARK

LEES DEZE ALGEMENE VOORWAARDEN ZORGVULDIG AANGEZIEN ZIJ BELANGRIJKE INFORMATIE BEVATTEN OVER UW WETTELIJKE RECHTEN, RECHTSMIDDELEN EN VERPLICHTINGEN.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.


PREFACE

Mobypark BV (hereafter referred to as "Mobypark" or “we”) provides an online platform to connect parking Space owners (the “Owners”) and car drivers seeking parking Spaces (the “Drivers”, together the “Users”). This service (the “Service”) is accessible at www.Mobypark.com and any other website through which Mobypark makes the Service available and as an application for mobile devices (collectively, the “Platform”). By using the Platform, you agree to fully comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Service.

The Platform can be used to facilitate the listing (“Listing”) and booking (“Booking”) of parking spaces (“Parking Spaces”). Such Parking Spaces are included in Listings on the Platform by Owners. You may view Listings as an unregistered visitor to the Platform; however, if you wish to book a Parking Space or create a Listing, you must first register.

As stated above, Mobypark makes available an online platform or marketplace with related technology for Owners and Drivers to meet online and arrange for bookings of Parking Spaces directly with each other. Each of the parties and details of the Parking Space and the proposed rental period ("Rental Period") are set out in the confirmation email ("Confirmation Email") sent by Mobypark to the Driver and the Owner on completion of the Booking.

Mobypark is not an owner, provider or operator of properties, including, but not limited to, private parking Spaces, parking garages, or any other Parking Space.

When a booking is created the drivers enters to an agreement with Mobypark. Mobypark will use third parties (owners) to grant the service hired by the driver.

These Terms govern the access to and use of the Platform and Service and include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes and obligations to comply with applicable laws and regulations.

Please note that these Terms may be amended from time to time. In continuing to use the Platform you confirm that you accept the then current terms and conditions in full at the time you use the Platform.


1. ACCESS TO THE PLATFORM

  • Access to the Platform is open to anyone with an Internet connection.
  • Mobypark shall not be held responsible for any damage occurring as a result of a technical malfunction of the Platform.
  • Mobypark reserves its right to interrupt the accessibility of the Platform for maintenance reasons or for any other justifiable reason.
  • To make use of the Platform, it is necessary to create an account (“Account”) on the Platform. In order to access the Platform, and to make a Booking or create a Listing, you must register to create an account and become a member (“Member”). Registration with the Platform is free and in order to become a registered user you will have to provide some basic personal information.
  • The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older.
  • To create your Account you will have to provide your current email-address to validate your registration and to receive your password.
  • Anyone who registers on the Platform, agrees that all information supplied on registration is true and accurate and will be kept up to date at all times. If the information provided is not true and/or accurate, we reserve the right to block, cancel or remove your Account from the Platform.
  • Your Account is strictly personal and may not be used by anyone else. You may not impersonate any other person in any registration whether or not that other person is a user of the Platform.
  • You may not have more than one registration and we reserve the right at our discretion to block, cancel or remove an Account of any person who in our opinion possesses more than one Account at any time.
  • You are the only responsible party for the personal information provided on registration.
  • We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Terms.

2. REGISTRATION

  1. To make use of the Platform, it is necessary to create an account (“Account”) on the Platform. In order to access the Platform, and to make a Booking or create a Listing, you must register to create an account and become a member (“Member”). Registration with the Platform is free and in order to become a registered user you will have to provide some basic personal information.
  2. The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older.
  3. To create your Account you will have to provide your current email-address to validate your registration and to receive your password.
  4. Anyone who registers on the Platform, agrees that all information supplied on registration is true and accurate and will be kept up to date at all times. If the information provided is not true and/or accurate, we reserve the right to block, cancel or remove your Account from the Platform.
  5. Your Account is strictly personal and may not be used by anyone else. You may not impersonate any other person in any registration whether or not that other person is a user of the Platform.
  6. You may not have more than one registration and we reserve the right at our discretion to block, cancel or remove an Account of any person who in our opinion possesses more than one Account at any time.
  7. You are the only responsible party for the personal information provided on registration.
  8. We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Terms.

3. USE OF PERSONAL INFORMATION

  • The personal information collected by Mobypark is used solely for the purpose of the proper use of the Platform and Service. Mobypark only collects information that is necessary to use the Platform.
  • Mobypark obeys any local or international law or rule regarding privacy and protection of personal information.
  • Any personal information that you provide to us will be subject to our privacy policy (“Privacy Policy”). The Privacy Policy forms part of these Terms.
  • Instant booking parking: In those parking with “instant booking”,the overstays will be charged 3 times the price per hour for every extra hour that the car overstays. Mobypark will notify the driver that the booking is about to end. Mobypark decides whether the driver should pay or not, based on the availability of the garage and the bookings made in the garage. Whatever decision Mobypark makes the Driver is bound.

4. LISTINGS

  • As a Member, you may create Listings. You will be required to create your own Listing for the Platform. In your Listing you agree to provide all relevant information about the Parking Space including, but not limited to:
  • In order to be featured in Listings via the Platform, all Parking Spaces must have valid physical addresses.
  • Listings will be made publicly available via the Platform, Mobypark.com and subdomains and also via brokers that Mobypark works with. Other Members will be able to book your Parking Space via the Platform based upon the information provided in your Listing. You understand and agree that once a Driver requests a Booking of your Parking Space, you may not request the Driver to pay a higher price than in the Booking request.
  • You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of a Parking Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Parking Space included in a Listing you post (including having all required permits, rentals and registrations), and (b) not conflict with the rights of third parties. Please note that Mobypark assumes no responsibility for a Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Mobypark reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mobypark, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
  • Notwithstanding the foregoing, Mobypark serves as the limited authorized payment collection agent of the Driver for the purpose of accepting, on behalf of the Owner, payments from Drivers of such amounts stipulated by the Host (including fees and/or taxes).
  • The photographs on a Listing are strictly indicative. Mobypark is not responsible for any discrepancy between the information and photographs provided by Owners on a Listing and the actual Parking Space.
  • the address of the Parking Space;
  • any restrictions on the types of vehicles for which the Parking Space is suitable;
  • any other information or restrictions which apply to the Parking Space which a Driver should be aware of before booking the Parking Space.


5. PARKING SPACES

  • You agree that the Platform has no responsibility for the Parking Space other than to provide the Services under this Agreement which includes administering and confirming Bookings and collecting payments.
  • Whilst we endeavour to ensure the Parking Spaces advertised on the Platform are of a satisfactory quality we offer no warranty as to a Parking Space's suitability for the Driver’s requirements. Similarly, we will have relied on the Owner for details about a Parking Space given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
  • We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Owner.
  • We make great efforts to ensure that our Owners offer a good service and provide their Parking Space in accordance with the Driver’s expectations but we accept no responsibility and will have no liability if the Parking Space or the services of the Owner generally do not meet the Driver’s requirements or if the Driver finds them unsatisfactory in any way. In the same way, the driver can contact Mobypark for any question/complain since the driver enters to an Agreement with Mobypark.


6. OWNERS’ OBLIGATIONS

  • The Owner must:
  • The Owner represents, warrants and agrees that he will:
  • The Owner agrees that he will not create any false account with Mobypark or use his Account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
  • We reserve the right to inspect the Parking Space at any time to verify any fees due. Further we reserve the right to inspect the parking space and take pictures of the parking space itself with the aim to verify the parking space and to provide high quality pictures of the place to the drivers.
  • The Owner shall ensure that the Parking Space is properly and fully described in the Listing and in particular if the Parking Space is not suitable for certain types of vehicle or if there are any access restrictions this will be specified.
  • The Owner will ensure that the Parking Space is available for the duration of the Rental Period and will not obstruct the Driver or prevent the Driver from parking in the Parking Space. The Owner will not allow any person other than the Driver and shall not allow any vehicle other than the vehicle specified in the confirmation email to occupy the Parking Space at any time during the Rental Period.
  • The Owner will represent and warrant that he has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.
  • The Owner agrees to notify us immediately upon receiving any notice, correspondence or contact in any other form from any governmental authority, landlord or condominium association (or other persons who control any condominium of which the Parking Space is a part) in connection with the use of a Parking Space for purposes envisaged by this Platform. Following such notice from the Owner we reserve the right to terminate this agreement and remove the Parking Space from the Platform.
  • The Owner agrees that we shall not be liable to him in any way whatsoever if the Owner suffers any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against him or taking any other action against him as a result of listing the Parking Space on the Platform.
  • honour all bookings with Drivers;
  • provide the Parking Space in accordance with the details and information set out in the Listing;
  • ensure that all information about himself and his Parking Space is true and accurate in all respects and could not in a way be construed as misleading to a Driver;
  • deal with all Drivers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
  • deal with all queries from Drivers relating to a Parking Space or booking in a prompt and satisfactory manner;
  • comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties;
  • use his best endeavours to settle any disputes that may arise during a Driver's Rental Period including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Driver may still fulfil his booking.
  • provide a true complete and accurate Listing;
  • be available by telephone prior to or at the commencement of the Rental Period to direct the Driver to the Parking Space;
  • ensure that the Parking Space may be accessed easily by the Driver and is not obstructed at the start of or during the Rental Period;
  • ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the Rental Period;
  • indemnify and hold harmless the Driver against all loss, liability, damages, costs and expenses arising from the Owner's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Driver; and
  • act with courtesy towards the Driver and assist and cooperate with the Driver in relation to locating the Parking Space.

Although the Driver has primary responsibility for his own safety and the safety of his vehicle during the Rental Period and the Owner is not responsible for ensuring the safety of the Driver or the vehicle, the Owner will not deliberately do or omit to do anything which will or is likely to put the Driver's vehicle or persons at risk.


7. DRIVERS’ OBLIGATIONS

  • The Driver has primary responsibility for his own safety and the safety of his vehicle during the Rental Period. The Owner is not responsible for ensuring the safety of the Driver or the vehicle.
  • The Driver may not allow any person other than the driver named in the Confirmation Email and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the Rental Period. This agreement is personal to the Driver and the Owner and may not be transferred to any other person. If anyone other than the driver named in the Confirmation Email attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the Rental Period the Owner may refuse access to that individual and his vehicle (even if he has the authority of the Driver).
  • The Driver represents, warrants and agrees that he will:
  • The Driver acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached.
  • The Driver must:
  • The Driver agrees that he will not create any false account with Mobypark or use his account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
  • The Driver warrants that:
  • keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
  • park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
  • notify the Owner and Mobypark of any damage to the Parking Space during the Rental Period as soon as it occurs;
  • not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Owner or to the owner or occupier of neighbouring property;
  • not conduct any illegal or immoral activity from the Parking Space;
  • not conduct any business or commercial activity whatsoever from the Parking Space;
  • not use the Parking Space for any purpose other than for parking;
  • maintain insurance on the vehicle as required by applicable law;
  • indemnify and hold harmless the Owner against all loss, liability, damages, costs and expenses arising from the Driver's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Owner; and
  • act with courtesy towards the Owner.
  • agree to observe and act in accordance with these Terms;
  • not use the Parking Space or deal with the Owner in any way which could be deemed to be harmful to the business or reputation of Mobypark or do anything which might adversely affect our relationship with an Owner;
  • not attempt to contact an Owner directly until a Booking has been confirmed;
  • not attempt to book any Parking Space advertised on the Platform, other than through a Booking;
  • provide us with accurate information and ensure that all details that we hold about the Driver (including his email address) are up to date and valid;
  • not use the Platform in any way which may detrimentally affect the reputation of Mobypark or the use and enjoyment of the Platform or our Service by any other users or third parties;
  • maintain insurance on the vehicle as required by applicable law; and
  • where applicable, only provide us with credit or debit card details for which the Driver is the sole account holder.
  • he has the power and authority to enter into this Agreement with Mobypark and any agreement with an Owner for the use of a Parking Space; and
  • he has a valid driving license, vehicle registration and insurance; and
  • any state or federal fees, taxes or charges applicable to the vehicle are paid up.


8. BOOKINGS

  • The Platform offers two Booking methods: instant Bookings and Booking by agreement. The Listing for a Parking Space will indicate which method is to be used in relation to that Parking Space.
  • If a Parking Space can be booked through instant Bookings the Driver will be able to see its availability against its Listing. If the dates the Driver requires are available he may select the required dates and times. If the Driver has not already registered with us, he will be asked to do so at this point.
  • If the space is not booked through instant Booking the Driver may make an enquiry as to the Parking Space's availability ("Booking"). If the Driver has not already registered with us, he will be asked to do so at the time he makes his first Enquiry.
  • We will pass any Enquiry on to the Owner of the Parking Space and will email the Driver once the Owner has responded to confirm whether or not the Parking Space is available for the requested dates or period.
  • If the Parking Space is available we will email confirmation of the details of the Driver’s Enquiry, the dates or Rental Period and the Owner will be invited to log-in to the website to confirm the Driver’s booking.
  • The driver enters to an agreement with Mobypark. However Mobypark has no liability to the Driver in relation to the Parking Space. We are not a real estate broker, agent or insurer. We have no control over the conduct of Drivers or Parking Space Owners and disclaim all liability in this regard to the fullest extent permissible by law.


9. PAYMENT

  • Once the Driver has selected the required dates and times we will request payment from the Driver. We will also ask the Driver to confirm that he accepts these Terms.
  • Once we have received payment and the Driver has accepted these Terms the Booking will be send to the Owner to be confirmed. We will send the Driver a booking confirmation email ("Confirmation Email") which will include a contact telephone number for the Owner together with detailed instructions relating to the booking.
  • The Owner accepts that payment of the fees to Mobypark represents a full discharge of the Driver's payment obligations for that Booking.


10. END OF RENTAL PERIOD/OVERSTAYS

  • The Driver must vacate the Parking Space and cease using the Parking Space by the end of the Rental Period. The exact departure time from the Parking Space will be as stated in the Confirmation Email.
  • Non instant booking parkings: Unless the Owner has agreed to a later departure time or a further Rental Period (and the Owner agrees with the Driver that such agreement must be through Mobypark) the Driver will be liable to pay:
  • the fee for a full day for the Parking Space for every completed hour that the Driver overstays beyond the end of the Rental Period, if the Owner is a private person, up to a maximum of €150; or
  • €15 for every completed hour that the Driver overstays beyond the end of the Rental Period, if the Owner is a company, up to a maximum of €150.
  • The Owner shall authorize Mobypark to collect payment of any such additional fees from the Driver on behalf of the Owner.
  • If the Driver overstays by more than 3 hours then the Owner reserves the right to instruct a third party to remove the Driver's vehicle(s) from the Parking Space (and the Driver will be charged for the costs of any such action).


11. CANCELLATION

  • Booking not yet approved by owner: The Driver must cancel his booking by logging on to Mobypark and processing the cancellation through the website. Notice of cancellation will be deemed to be received at the point the Driver issues a cancellation request for his booking. Mobypark is not responsible for any transmission failures.
  • Booking after approved by owner or instant booking parkings: The Driver may receive a full refund for a transaction, excluding the service fee, for any reason by logging into the website and cancelling in the dashboard of the driver. The refund will take place if it’s done 24hs before arrival date.
    Drivers can also send an email to contact@mobypark.com. As a norm a cancellation after 24hs prior to the arrival date won’t be refunded.
  • If the Driver fails to cancel the booking using the Mobypark cancellation procedure the Driver will be liable for the full amount of the fees payable to the Owner and will not receive any refund whatsoever.
  • In the event that there are exceptional circumstances beyond the reasonable control of the Driver and the Driver accordingly no longer requires the Parking Space, the Driver may request an exceptional cancellation and may receive a refund. The Driver must inform Mobypark of the exceptional circumstances before the Rental Period is due to start. The Driver and the Owner agree that whether or not a cancellation is due to exceptional circumstances and whether a refund is due will be at the sole discretion of Mobypark who will decide on the amount of the refund (if any) and each party agrees that the decision of Mobypark will be binding.
  • If the Owner needs to cancel the Driver's booking due to exceptional circumstances beyond the Owner's reasonable control, the Owner agrees to inform Mobypark. The parties agree that Mobypark will be instructed to contact the Driver with proposals for suitable alternative parking space to be provided by another registered Mobypark owner. Mobypark makes guarantees or warranties that alternative parking can be found and accepts no liability arising from the failure of the Owner or the Driver to honour the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any terms of this Agreement.
  • The Owner agrees that if they need to cancel a Driver's booking and the circumstances are not exceptional or not beyond the Owner's reasonable control the Driver will be entitled to a full refund including the service fee (if a suitable alternative cannot be arranged by Mobypark) and the Owner also agrees to cover any additional cost which is payable by the Driver for suitable alternative parking arrangements (up to a maximum of €45 per day if the Parking Space is in the European Union).
  • The Driver and the Owner agree that whether or not an Owner cancellation is due to exceptional circumstances beyond the Owner's reasonable control and whether the Owner is responsible for the Driver's additional costs will be determined at the sole discretion of Mobypark who will decide on the amount of the compensation (if any) and each party agrees that the decision of Mobypark will be binding.


12.TERMINATION

  • We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account.
  • If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform, your Account, or receive assistance from our customer service (b) any pending or accepted future bookings as either Owner or Driver will be immediately terminated, (c) we may communicate to your Drivers or Owners that a potential or confirmed booking has been cancelled, (d) we may refund Drivers in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact Drivers to inform them about potential alternate Accommodations with other Owners that may be available on the Platform, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Account.
  • You may cancel your Account at any time via the “Cancel Account” feature of the Platform or by sending an email to us. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Platform.


13. OUR LIABILITY

  • The material displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
  • We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
  • Although we aim to offer you the best service possible, we make no promise that the services at the Platform will meet your requirements. We cannot guarantee that the services will be fault-free.
  • Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
  • From time to time it may be necessary to suspend access to the Platform for a period of time and any such interruptions shall not constitute a breach by us of these terms.
  • We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Platform whether such loss is incurred or suffered as a result of our negligence or otherwise.
  • By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Mobypark with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Platform regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Owner against Mobypark regarding the remittance of payments received from a Driver by Mobypark on behalf of a Owner, which instead shall be subject to the limitations described in the section below entitled


14. LIMITATION OF LIABILITY

  • Mobypark will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against a User by any other party. In no event will Mobypark be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Platform or Service, (ii) personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Platform or Service or any Booking to the fullest extent permissible by law, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party, or for any loss or damage of any kind incurred as a result of the use of the Platform, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. Users acknowledge that the amounts payable under these Terms are based in part on these limitations, and further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • For the avoidance of doubt, the liability excluded under clause 13a includes any loss arising from any User’s dealings with another User or arising from the Parking Space and we shall have no liability to a User whatsoever for any act or omission of another User in connection with the Parking Space or the Driver’s Booking.
  • Our liability to a User for all losses related to the use of the Platform is limited to the total amount paid by the User to us.
  • No claim may be brought against us in relation to the use of the Platform more than 12 months following the Booking to which the claim relates.


15. TAXES

The Owner is responsible for paying all fees and applicable sales taxes, value added taxes, income taxes, goods and services taxes and other similar municipal, state and federal indirect taxes or other withholding and personal or corporate incomes taxes ("Taxes") under this agreement in a timely manner. If the Owners payment method fails we may collect fees owed using other collection mechanisms and we reserve the right to charge the Owner for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings. Such fees and expenses will include an additional administration charge of €75 plus VAT.


16. DISPUTES BETWEEN USERS

  • Each party agrees that if any dispute arises concerning the Parking Space or otherwise during or after the Rental Period Mobypark will make a resolution and each party will be bounded to such resolution. Mobypark is authorized to collect payments from either party (where possible) to give effect to such resolution.
  • Both parties authorize Mobypark to deal with the dispute or complaint as it sees fit and agree to abide by any decisions they may make in such circumstances, including requiring refunds to be made or compensation to be paid up to a maximum of €250.
  • Clauses 12a or 12b are without prejudice to either party's rights to bring or settle any claim against the other.
  • Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this agreement, the Parking Space or the Rental Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
  • The Owner's liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement Parking Space for the agreed Rental Period or the amount of the Parking Space fees and charges paid by the Driver plus €250.
  • The Driver's liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the Parking Space fees and charges paid or payable by the Driver plus €250.


17. INTELLECTUAL PROPERTY

  • We reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Platform.
  • By displaying user-generated content on this Platform you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
  • We do not screen user-generated content (including content relating to available parking spaces) or information on the Platform and we cannot give any assurance as to its accuracy or completeness. Users of this Platform are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
  • This Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Platform without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Platform without our express written consent.


18. NON-SOLICITATION

No User shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Mobypark or any Driver or other Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Platform.


19. GENERAL

  • Neither party will be liable to the other or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
  • Save in the case of fraud these Terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
  • The parties agree that these Terms are fair and reasonable in all the circumstances. However, if any provision of these Terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  • If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
  • We may make changes to the format of the Platform, services provided or to the Platform's content at any time without notice.


20. GOVERNING LAW AND JURISDICTION

These terms will be interpreted in accordance with the laws of France, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of the court of Paris.

Further questions: If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at contact@mobypark.com