ARTICLE 1 – PURPOSEThe purpose of these general conditions of use (hereafter called the "General Conditions of Use" or "GCU") is to define the conditions for the use of the internet site www.q-park-resa.fr, which is the property of the Q-PARK FRANCE company, an SAS (French simplified joint-stock company) with share capital of €7,067,136, whose headquarters are located at 1 rue Jacques-Henri Lartigue, 92130 Issy-les-Moulineaux, registered in the Company and Trade Register of Nanterre under the number 378 888 234 (VAT intercommunity number: FR90378888234) (hereafter, “Q-PARK France”).
ARTICLE 2 – DEFINITIONS"Site" means the online internet sales site www.q-park-resa.fr
"User" means any user of the Site, professional, non-professional or consumer, who navigates, gains knowledge about, orders and/or purchases a Service offered on the Site.
"Services" means, collectively, the content published on the Site and the services (parking arrangements or taking out a subscription) whose marketing is offered by Q-PARK France and the other member companies of the Q-PARK Group on the Site. Each of the Services marketed on the Site have their own General Terms of Sale available on the Site, and they govern the reservations and subscriptions carried out by the Users of the Site.
ARTICLE 3 – ADHERENCE TO THE GCUThe Use of the Site implies acceptance of these GCU by the Users.
Q-PARK France may make changes at any time to the GCU (in particular the effect of changes to the Site and/or the Services) by publishing a new version of these GCU on the Site. These changes will enter into force from the publication on line of the new GCU on the Site and will be enforceable against any User as of this date.
The GCU in force are those published on the Site on the day of the use of it by the User.
ARTICLE 4 – COMPETENCETo order Services on the Site, the User must be at least 18 years of age, be legally capable of entering into contracts and use the Site in accordance with these GCU.
The User is responsible in all particulars for the use of the Site both for his account and for the account of third parties in whose name(s) he acts. The User guarantees the truth and accuracy of the information that he supplies on the Site.
Fraudulent use of the Site, or use that contravenes these GCU will be sufficient reason to refuse the User access, at any time, to the Services on the Site, even if the User had used or ordered via the Services, without prejudice to the right of Q-PARK France to demand compensation for relevant damages before the competent courts.
ARTICLE 5 – REGISTRATION ON THE SITE – PERSONAL ACCOUNTAccess to the Site is allowed to any person who meets the conditions prescribed in Article 4 of the GCU, who has a computer, tablet or smart phone and an internet connection.
Certain on line Services on the Site are reserved for Users who have already created a personal account on the Site and have an email address for sending the Order confirmation by email.
The creation of an account on the Site is done by clicking on the “Registration” tab shown in the tool bar at the top of the Site and is also offered when the User wishes to access content that requires prior registration. This involves completion of the information required in the registration form.
For this, the User agrees to supply complete, correct and current personal information of a nature to allow accurate identification in any situation. Upon creation of his account, the User chooses his sign on and password. The User agrees to keep his sign on and password confidential.
The User must also update information concerning him, including his email address, so that it is always complete, correct and current.
This account will be accessible at any time by the User, using his identifying information (except in the case of inaccessibility described in Article 6 of the GCU, below).
Any use of the sign on and password is presumed to be done by the User. The User can, at any time, request that Q-PARK France change his password by clicking the following link https://www.q-park-resa.fr/en/connexion.html and on the operation "forgotten your password". He must then supply the email address referenced in his account on the Site, and he will receive an email allowing him to reset his password.
The User is responsible for all of the actions performed on the Site with his sign on and password. Any User registered on the Site will be responsible for any order entered with his identifying information, subject to the right of withdrawal, if applicable, in the matter and indicated in the General Terms of Sale of each of the Services.
The User can also order certain Services without creating a customer account. However, it is possible that he will not be able to use all of the proposed features.
ARTICLE 6 – LIABILITY AND GUARANTEESQ-PARK France makes every effort to allow the User to access the Service at any time, and without interruption. However, the Service may be subject to interruptions, especially in the following cases:
due to anomalies, errors and/or bugs in information, products, services and software supplied by the Site and likely to affect the navigation on the Site or the implementation of any functionality offered on the Site;
in the case where an interruption is required to correct this anomalies, errors or bugs;
in the case where the Site encounters a breakdown or an operating problem. Depending on the case, the User will be informed of the interruption by an error message.
In no case is Q-PARK France responsible for malfunctions that are caused by third party software.
In no case is Q-PARK France responsible for direct or indirect and/or intangible damage, foreseeable or unforeseeable (including the loss of profit or opportunity...) arising from the supply and/or use or total or partial impossibility of using the Site for reasons that are beyond the control of Q-PARK and/or any event with the characteristics of a force majeure.
Q-PARK France cannot be held responsible for direct or indirect damages arising from the non-adherence to all or part of these GCU by the User, or due to the acts of a third party or a case of force majeure, as defined in case law.
The hypertext links on the Site that allow the User to be redirected to other internet sites have the sole purpose of facilitating research by the User. In any event, the User is warned of the limits of the internet, in particular of the technical performance hazards related to it, of the time required to consult, examine or transfer data and the risks related to the security of communications.
ARTICLE 7 – CLAIMSAny claim for information, clarification or reclamation must be sent to Q-Park customer Service by email via the Formulaire de contact de la rubrique Service Clients or by mail to the following address: Service Clients Q-Park 1 rue Jacques-Henri Lartigue, 92130 Issy-les-Moulineaux.
The User, in accordance with the provisions of the French Consumer Code, is informed of the possibility of entering, in the case of a dispute, a conventional mediation procedure or any other alternative method for settling differences.
The User must have contacted Q-PARK Customer Service with a written claim before this.
The User must introduce his request with a competent mediator subject to the eligibility requirements of his file and within a period of less than one year from his written claim with Q-PARK Customer Service.
ARTICLE 8 – INTELLECTUAL PROPERTYThe Site, its content and all of the elements that constitute it, are creations for which the companies of the Q-PARK Group are owners of all of the intellectual property rights and/or operating rights, in particular under copyright law, database law, trademark law and design law.
The Site, as well as all of the accessible elements, the software, databases, texts, information, analyses, images, photographs, graphs, logos, sounds, videos, and, more generally, any other data contained on the Site remain the exclusive property of the Q-PARK Group or, if applicable, of their respective owners with whom the Q-PARK Group has entered into use agreements. All reproduction rights are reserved.
The User is granted a non-exclusive, non-transferable right, in a private scope, to the Site and the data contained on the Site. The right so granted consists of (i) a right to online consultation of the data and information contained on the Site, and to subscribe to the Services that are marketed there and (ii) a private use reproduction right consistent with printing and/or saving the data and information that was consulted. This usage right is intended solely for strictly private use.
Any reproduction, imitation and/or use of the content of the Site, and/or any failure to comply with this article engage the civil and/or criminal liability of its author. Q-PARK reserves the right to take legal action against its author before the courts which have jurisdiction.
No hypertext link to the site www.q-park-resa.fr can be implemented without the express, written, prior agreement of Q-PARK France.
ARTICLE 9 – PROTECTION OF PERSONAL DATAIn accordance with Article 32 of the French Data Protection Act of 6 January 1978, modified by Law 2004-801 of 6 August, 2004, the essential information for processing and executing the requests for Services are marked by an asterisk in the pages of the Site.
The other requests for information call for an optional response, or the information relating to the interests of the User for offers likely to be addressed to him are intended to understand him better and to improve the Services being offered to him.
The information communicated by the User within the scope of the use of the Site is for the use of Q-PARK France and the companies of the Q-PARK Group.
In the case where the User has expressly accepted the concept, Q-PARK may send email information intended to better understand the Services and the Site, as well as promotional offers.
The personal data of the User are gathered and processed by Q-PARK France and the companies of the Q-PARK Group for the processing of requests for Services and contractual monitoring, and the allocation of promotional codes. In accordance with the French Data protection Act of 6 January 1978, as modified, the User has the right, at any time, to access, modify, change and delete data that concern him. He can exercise this right by writing to Service Clients Q-Park 1 rue Jacques-Henri Lartigue, 92130 Issy-les-Moulineaux. Any request must be accompanied by a copy of an identification document.