These General Terms of Sale govern the online offers for the sale of parking reservations offered on the www.q-park-resa.fr site, by the Q-Park Group through Q-PARK France company, an SAS (French simplified joint-stock company) with share capital of €7,067,136, whose headquarters are located at 65 Quai Georges Gorse, 92100 Boulogne-Billancourt, and its various other subsidiaries, hereafter known as “Q-PARK”.
ARTICLE 1 – DEFINITIONS, SCOPE OF APPLICATION1.1 Definition
"Order" means any reservation for a parking place made and validated by the User on the internet site www.q-park-resa.fr "Parking" means a parking place operated by the Q-PARK Group in which the User may receive one or more on line Services. These parking places, as well as their features, are detailed on the Site.
"Service" means reservation requests for parking places for light vehicles, the marketing of which is offered by Q-PARK on the Site, and also their on line payments. This does not include the sale of subscriptions, governed by their own General Terms of Sale.
"Site" means the online internet sales site www.q-park-resa.fr
"User" means any user of the Service, professional, non-professional, or consumer, able to legally contract and, if applicable, possessing the powers to commit the legal entity under public or private law, who reserves a Service on the site.
1.2 Scope of application
The purpose of these General Terms of Sale tends to define the terms and conditions applicable to the supply of Services on the Site (parking reservation). They are applicable to any Order entered on line by any User and accepted by Q-PARK by an email confirmation of the Order.
These General Terms of Sale do not include the sale of subscriptions, governed by their own General Terms of Sale.
The Order for Service is reserved for Users who are aware of their inclusion in the General Terms of Sale, and those who have accepted them by checking the corresponding box. Without this acceptance, the processing of the Order and the purchase is technically impossible.
As a result, the finalization of the Order on the Site shall be deemed an express acceptance by the User of these General Terms of Sale.
Q-PARK reserves the right to change these General Terms of Sale at any time, without notice, it being specified that such changes will not apply to Orders entered prior to these changes. Q-PARK recommends that the User save or print these General Terms of Sale.
ARTICLE 2 – DESCRIPTION OF SERVICESIn accordance with Articles L111-1 and L111-2 of the French Consumer Code, all of the specific features of the Services available are presented on the Site to allow the User to understand, before validating an Order, the essential information regarding the Service that he wishes to purchase.
The Services offered by Q-PARK on the Site are only valid within the limit of the available supply in the Car Parks marketing these Services and for the maximum length of time presented on the Site.
The Services available on the Site are the following:
• Onepass: customized parking solution for leaving a vehicle parked during a previously defined period. Any departure is set in advance, even before the end of the reservation period noted in the Order.
• Multipass: flexible parking solution that allows a customer to park during a period that is defined in advance and to enter and leave at will. Multipass is strictly for personal use, and in no case can be transferred. Any fraudulent use will lead to immediate cancellation of access to the Car Park.
Q-PARK specifies that the information available on the Site, especially regarding the Services and their features, are subject to change.
The Services offered on the Site allow the customer to be guaranteed to find a parking place in the chosen Car Park until the end of the reservation period noted in the Order. Unless otherwise specified on the Site of a particular Car Park, the reservation for a parking place is not assigned, the User will park in the first available parking place.
In the case of non-use by the User of the Service that is the object of the Order, during the guaranteed reservation period, no refunds will be made. Likewise, no refund will be made in the case of a final departure before the end of the reservation period noted in the Order.
ARTICLE 3 – PAYMENT METHODS3.1- Order entry
The various steps of an Order are defined in detail on the Site during the Order process.
By navigating the various sections of the Site, the User may place the Service of his choice in his shopping cart by clicking the “Order and Pay” button.
At any time up until the confirmation of the Order, the User can change his mind and delete the chosen Service from his shopping cart.
The User will be able to verify the details of his Order and his total price and, if necessary, to correct or change them before finally confirming his Order to express acceptance. It is stipulated that the parking places are only guaranteed once the payment for the Order has been made.
Q-PARK cannot be held responsible for entry errors on the part of the User. Once the desired Service has been added to the shopping cart, the User will confirm his Order by:
• completing all of the requested information;
• accepting, without reserves, all of the General Terms of Sale;
• validating the payment.
The validation of the Order by the Customer "clicking" the "Order and Pay" button shall be deemed acceptance of the price and features of the Service that has been purchased by the User.
Once the Order is validated, it cannot be changed.
It is stipulated that by entering a reservation, the User agrees to receive emails from Q-PARK to communicate with him about his reservation.
3.2 – Confirmation of the Order
Q-PARK will send an Order confirmation email summarizing the essential features, such as the details of the purchased Service, the number, price and reservation date of the parking place in the chosen Car Park, the length of the reservation (date and time of arrival and date and time of departure), the address of the Car Park, as well as the QR code that will allow the User to access the Car Park.
Any payment will trigger the issuance of an invoice.
Q-PARK recommends that the User saves or prints this email confirming the Order, the payment certificate and the invoice.
It is the responsibility of the User to make sure that the information that he has sent during his Order is correct and that it will allow him to receive the Order confirmation. In the case where the User does not receive this confirmation, it is up to him to contact Q-PARK Customer Service at 0810 077 275 (Azure Number – from Monday to Friday, 9:00 to 18:00) or by email via la rubrique Service Clients so that he can submit his Order number.
The QR Code sent with the Order confirmation is strictly for personal use, and it is the responsibility of the User to retain it until using it in the Car Park. Q-PARK cannot be held responsible for use by a third party, or for fraudulent use.
If there is an inspection in the Car Park, the Order confirmation may be requested by Q-PARK staff.
ARTICLE 4 – CONDITIONS OF USE OF THE SERVICEOnce the Order has been processed, the User will receive an email at the email address that he registered. This email will contain a QR Code.
When the User arrives at the entry gate of the car park (at the time arranged in the reservation), he must display the QR Code that was sent to him in front of the optical reader. The ticket that corresponds to his Order will then be produced (hereafter known as the "Ticket"). The User must retrieve this Ticket and retain it on his person; it opens the pedestrian access when he returns.
Without the QR Code, the User cannot access the Car Park, and cannot claim compensation or refund, this QR Code being essential for accessing the Service.
Upon leaving, and if he has not exceeded the time provided for his exit, he only has to insert his Ticket into the exit gate barrier to leave the Car Park. Q-PARK recommends that Users carefully retain their ticket, since it is essential for accessing the Car Park by the pedestrian walk.
In case of the loss of his Ticket, the User must present the Order confirmation email to prove payment for the Service and to be able to obtain a replacement exit ticket.
In case of loss of the Order confirmation email, no exit ticket can be issued to the User, who must then pay for the parking at the rate currently in force in the Car Park.
Users are reminded that they absolutely must carefully retain the Order confirmation email and the parking ticket delivered by the entry gate, which is essential for them to access and enter the Car Park.
Early arrivals and late departures are invoiced on site at the automated checkouts or at the exit gate - payment by CB or GR Card. A 15 minute allowance (time not invoiced) is granted.
Exceeding the time limit is invoiced according to the rate currently in force in the Car Park. Any time period that has been started will be payable.
ARTICLE 5 – CANCELLATIONThe User may choose the paid cancellation option, which allows him to cancel his Order, for any reason, from his Personal Area only, in the "My Reservations" section, by activating his request, by clicking “Cancel my Reservation”, up until midnight (23:59) on the day before the arrival date provided for in the Order.
The price of the Order (with a deduction made for the Cancellation option) will be refunded within 30 days, less a €7 handling fee.
This cancellation option can only be subscribed to at the time of the Order for a parking period of more than 24 hours. Its price is calculated based on the duration of the anticipated parking period (€1 + 5% of the cost of parking).
If the User does not choose the cancellation option, he may cancel his Order at the latest 72 hours before the arrival date provided for in the Order, by accessing his Personal Area, under the Reservation section. In this case, the price of the Order will be refunded at 50% within 30 days, less a €7 handling fee.
ARTICLE 6 – FINANCIAL CONDITIONS AND PAYMENT METHODS6.1 – Price
The price of the Services indicated on the Internet Site is in Euros, tax included.
The price is variable depending on the form of the reservation chosen, which is subject to change depending on the rate policy in the relevant Car Park, which is part of the scope of the relationship with the co-contractors of Q-Park (local authorities, etc.).
Q-PARK reserves the right to change prices at any time without notice, but the prices applicable to a User’s Order will remain the one indicated in the summary of his shopping basket at the time of the Order.
The price includes the VAT applicable on the day of the Order, as well as any promotional codes that the User may use and that are entered during the Order process.
6.2 – Payment
The Price of the chosen Service (and of the Cancellation option, when applicable) is paid in full at the time of the Order, by bank credit card only (Carte Bleue, Visa, Eurocard/Mastercard) on a secure payment system.
6.3 – Promotional codes
To use his promotional code, the User must fulfil the applicable conditions of this promotional code. The User who wants to use a promotional code must complete the field "promotional code", then click OK.
Each promotional code is valid for a limited time and cannot be exchanged or refunded.
ARTICLE 7 – RIGHT OF WITHDRAWALThe User, if he is a non-professional, natural person, has the right to withdraw, in accordance with the provisions of Article L221-18 of the French Consumer Code. This right may be exercised within fourteen (14) business days from the date of the Order by the User, for any reason and without penalty, by sending an email to Q-PARK Customer Service, via the Customer Service page on the site www.q-park-resa.fr, by choosing "Request for Withdrawal". This email must include the relevant reservation number and the information of the requester (name, email). If the period ends on a Saturday, Sunday or holiday, it is extended to the first business day that follows.
If the User exercises his right of withdrawal under the conditions mentioned above, Q-Park will refund him, as applicable, for the sums that he has already paid, at the latest within fourteen (14) days following the date on which Q-Park was informed of the User’s decision, except for any return fees for the access card, which are for the account of the User. The amounts will be re-credited on the bank account that corresponds to the bank card used (secure transaction) or by check.
In the case where the User wishes to uses the service subscribed to before the expiration of the aforementioned fourteen (14) day period (and especially in the case of an effective date of the Order which is before the date of placing the Order to the request of the User), he must inform Q-Park by indicating that he wishes to use his parking access pass before the expiration of the period indicated independent of the date of the effective use of this by the User.
In accordance with Article L221-25 of the French Consumer Code, the User who exercises his right of withdrawal for a contract, the execution of which began at his express request, before the end of the withdrawal period, will pay to Q-Park an amount that corresponds to the share of the service used until the communication by the User to Q-Park of the request for withdrawal.
In accordance with Article L221-28 of the French Consumer Code, the Right of withdrawal may not be exercised for contracts that have been fully executed before the end of the withdrawal period and for which the execution began after the prior express agreement of the User and express renunciation of his right of withdrawal.
ARTICLE 8 – LIABILITY AND GUARANTEESQ-PARK makes every effort to allow the User to access the Service. However, the Service may be subject to interruptions, especially in the following cases:
• due to anomalies, errors and/or bugs in the software for the access gates to the Car Park and likely to affect the proper reading of the QR Code;
• in the case where an interruption is required to correct these anomalies, errors or bugs;
• in the case where the system for access to the Car Park encounters a breakdown or an operating problem.
Depending on the case, the User will be informed of the problem by an error message.
In no case is Q-PARK responsible for malfunctions that are caused by third party software.
In no case is Q-PARK responsible for direct or indirect and/or intangible damage (including the loss of profit or opportunity...) arising from the supply and/or use or total or partial impossibility of using the Service for reasons that are beyond the control of Q-PARK and/or any event with the characteristics of a force majeure.
Q-PARK cannot be held responsible for direct or indirect damages arising from the non-adherence to all or part of these General Terms of Sale by the User, or due to the acts of a third party or a case of force majeure, as defined in case law.
ARTICLE 9 – DISPUTES9.1. Claims
Any claim for information, clarification or reclamation must be sent to Q-Park Customer Service by email via formulaire de contact de la rubrique Service Clients or by mail to the following address: Service Clients Q-Park Résa - Le Khapa 65 Quai Georges Gorse 92100 Boulogne-Billancourt.
9.2. Applicable law and jurisdiction
These general terms and conditions are subject to French law. In case of dispute of a commercial User who has reserved a place to meet requirements related to his professional activities, and which cannot be resolved amicably, any legal action will fall under the exclusive jurisdiction of the Commercial Court of the headquarters of Q-Park. In the other cases, failing an amicable solution, any legal action will be brought before the courts which have jurisdiction, according to ordinary law.
The User, in accordance with Article L211-3 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 Résa 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 Résa Customer Service.
ARTICLE 10 – 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 Orders 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 for the processing of Orders and 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 RESA 65 Quai Georges Gorse, 92100 Boulogne-Billancourt. Any request must be accompanied by a copy of an identification document.
These general terms and conditions of sale govern the online sale of parking space bookings offered on the www.q-park-resa.fr website by Q-Park Group through the company Q-PARK Belgium, a limited company whose registered office is 1930 Zaventem, Belgicastraat 3 Box 6, BCE [Belgian Companies Register] 0471.121.080 and its various other subsidiaries, together hereinafter referred to as “Q-PARK”.
ARTICLE 1 – DEFINITIONS, SCOPE OF APPLICATION
“Order” means all bookings made and validated by the User on the website www.q-park-resa.fr
“Car Park” means one or several parking areas operated by a company of the Q-PARK group in which the User may enjoy one or more online Services. These car parks and their features are detailed on the Site.
“Services” means the services (parking formulas) sold by Q-PARK on the Site and concerning the online booking of parking spaces for light vehicles in a Car Park, as well as its online payment.
“Site” means the online sales website www.q-park-resa.fr
“User” means any user of the Site, professional or consumer, who navigates, takes note of, orders and purchases a Service offered on the Site.
1.2 Scope of Application
These Terms and Conditions of Sale are intended to define the terms and conditions for the supply and purchase of the Services on the Site. They apply to any online Order placed by any User and accepted by Q-PARK by sending an email confirmation of the Order.
The Service Order is restricted to Users who have read these General Terms and Conditions of Sale in their entirety, and have accepted them by checking the box with a double clicking. Without this acceptance, the continuation of the Order and the purchase is technically impossible.
Consequently, the finalization of the Order process on the Site requires express acceptance by the User of these General Terms and Conditions of Sale.
Q-PARK reserves the right to change these General Terms and Conditions of Sale at any time without notice, provided that such changes will not apply to past Orders made prior to these changes. Q-PARK recommends that the User save and/or print these General Terms and Conditions of Sale.
1.3 General Terms relating to single parking contracts
Unless otherwise provided in these terms and conditions, the Q-Park “Terms and Conditions for single parking contracts” are applicable to any Order by the User. These General Terms and Conditions for single parking contracts are found on the Q-PARK website (www.q-park.be - “see Contact”) and assumed to be known and accepted by the User.
1.4 Validity or Invalidity
Any non-validity or invalidity of any provision of the General Terms and Conditions of Sale will not imply the invalidity or nullity of the General Terms and Conditions of Sale as a whole. An invalid or nullified provision will be replaced, even tacitly, by a similar amended provision.
ARTICLE 2 CAPACITY
To order Services on the Site, the User must, if it is an individual acting on his or her own behalf or on behalf of a legal entity, be an adult and be legally able to contract and use the Site in accordance with these General Terms and Conditions of Sale.
The User is financially responsible for the use of the Site on his or her own behalf and on behalf of third parties, including minors. The User guarantees the truthfulness and accuracy of the information provided on the Site.
Fraudulent use of the Site or use that is contrary to these General Terms and Conditions of Sale shall justify refusal to the User at any time of access to Services on the Site, even if he or she would have confirmed his or her Order, without prejudice to any proceedings initiated by Q-PARK through the competent courts.
ARTICLE 3 – DESCRIPTION OF SERVICES
In accordance with Articles VI.2 and VI.45 of the Code of Economic Law, all the particular characteristics of the available Services are presented on the Site to allow the User to know, before confirming the Order, the essential information about the Service he or she wants to buy.
The Services offers presented by Q-PARK on the Site, are valid only within the limits of available stock in the Car Parks selling these Services and for the maximum terms presented on the Site. The Services available on the Site are:
“Onepass”: parking solution to leave a car parked for a term defined in advance. Any exit is definitive, even before the end of the booking term specified in the Order.
“Mutipass”: flexible parking solution that allows parking for the time set in advance and to enter and exit at will. The Multipass is strictly personal and can under no circumstances be transferred. Any unauthorized use will result in immediate termination of access to the Car Park.
Q-PARK states that the information available on the Site, including the Services and their characteristics, are subject to change.
The Services offered on the Site provide the guarantee of finding a parking space in the Car Park selected until the end of the booking term specified in the Order. Unless otherwise specified on the Site for a particular Car Park, the booking of a spot is not materialized, the User parks in the first free spot.
In case of non-use by the User of the Service, subject of the Order, during the guaranteed reservation term, no refund will be made. Likewise, no refund can take place when the final exit is made before the end of the booking term stated in the Order.
ARTICLE 4 – CONDITIONS OF USE
The Services sold on the Site are reserved for Users who have created a personal account and with an email address to send an Order email confirmation.
When you arrive at the entry terminal of the car park (at the scheduled time of your booking), present the QR code that you received when you booked to the optical reader. The ticket for your order is issued. Take your ticket and keep it on you, it will serve to open the pedestrian access on your return.
Without the QR code, the User cannot access the Car Park, without being able to claim compensation or refund. This QR code is necessary to access the Service.
When he or she leaves, and if he or she did not exceed the scheduled exit time, he or she simply inserts the ticket into the exit terminal at the barrier to exit the Car Park. Q-PARK recommends that Users carefully keep their ticket which is needed to access the Car Park by pedestrian access.
In case of loss of the Ticket, the User must present the email confirmation of his or her Order to prove the payment of the Service Price and to be able to get a replacement exit ticket.
In the event of loss of the order confirmation email, no exit ticket will be given to the User who will have to pay the parking fee in force in the Car Park.
Users are reminded that they must always carefully keep the confirmation email and the parking ticket issued by the terminal which is necessary to enter and exit the Car Park.
Early arrivals and late departures are charged on site at the ticket machines or at the output terminal - payment by credit card (Visa, Mastercard, American Express). Tolerance (unbilled time) of 15 minutes is granted.
Surpassing this time is charged according to the fee schedule in force in the car park. Any time period started is due.
ARTICLE 5 – REGISTRATION ON THE SITE – PERSONAL ACCOUNT
To order Services on the Site, the User must create an account by providing the required information in the registration form.
To this end, the User declares providing complete, true personal information, to enable precise identification in any situation. When creating an account, the User chooses a username and password. The User agrees to keep his or her username and password confidential.
This account can be accessed at any time by the User through his or her username and password. The User is responsible for all actions performed on the Site using their username and password. Any User registered on the Site will be responsible for any Order placed with the entry of his or her credentials, subject to the cancellation right of Article 9.
ARTICLE 6 – ORDER PROCEDURES
The different stages of an Order are defined in detail on the Site throughout the Order process.
At the beginning of the Order process the accepted methods of payment are indicated.
Navigating through the different sections of the Site, the User may place the Service of his or her choice in the shopping cart by clicking the “Submit” button.
At any time before confirmation of the Order, the User may change his or her mind and cancel the selected Service.
The User will be able to verify the details of the Order (including the main features of the service, the date and length of booking) and the total price and, if necessary, correct or modify it before definitively confirming his or her Order to express acceptance.
It is stated that the parking spaces are only guaranteed once the payment of the Order is made.
Q-PARK will not be held responsible for User entry errors. Once the content of the shopping cart is validated, the User confirms the Order by:
Completing all the required information;
Declaring to accept without reservation all the General Terms and Conditions of Sale;
Validating it by payment.
The validation of the Order by the Customer by clicking the “Order and Pay” button implies acceptance of the price and features of the Service purchased by the User.
Once the Order is validated, it cannot be changed.
6.2 – Confirmation of the Order
Q-PARK will send an email confirmation of the Order containing the essential elements such as the contact information of Q-PARK Belgium (head office, company number, telephone, fax, email), details of the Service purchased, the number, total price, terms of payment, the date of booking a spot in the Car Park chosen, the booking duration (date and time of arrival and date and time of departure), the address of the Car Park and the QR Code that will allow the User to access the Car Park.
Q-PARK recommends that the User archives or prints this Order confirmation email, the certificate of payment and the invoice.
It is the responsibility of the User to ensure that the details he or she provided in the Order are correct and allow him or her to receive confirmation of the Order. In the event that the User does not receive this confirmation, he or she must contact Q-PARK Customer Service at +32 2 711 17 00 or by email via the Customer Service section to receive the Order number.
The QR Code communicated at confirmation of the Order is strictly personal and confidential and it is the User’s responsibility to keep it until its use in the Car Park. Q-PARK will not be held liable in the event of use by a third party or misuse.
In the event of verification in the Car Park, the confirmation of the Order may be requested by the Q-PARK staff.
ARTICLE 7 – CANCELLATION
The User has the option to choose the cancellation option which allows him or her to cancel the Order without cause only from his or her personal account in the “My Bookings” section by activating the request by clicking on the “Cancel My Booking”, until midnight (11:59 pm) the day before the date of arrival indicated in the Order. The Order price (deduction of the Cancellation option made) shall be reimbursed within 30 days, aside from the 7 euro management fee.
This cancellation option can only be taken at the time of the Order for parking longer than 24 hours. Its price is calculated based on the expected parking term (€1 + 5% of the parking cost).
If the User does not choose the cancellation option, he or she has the option to cancel the Order at least 72 hours prior to the date of arrival indicated in the Order by going to the Bookings section in their personal account. In this case, the price of an Order will be reimbursed up to 50% within 30 days, except for the 7 euro management fee.
ARTICLE 8 – FINANCIAL TERMS AND METHOD OF PAYMENT
8.1 – Price
The price of the Services listed on the Site are in euro, all taxes included.
Q-PARK reserves the right to change prices at any time and without notice but the price applicable to the User’s Order will remain as indicated in the summary of the shopping cart during the validation of his or her Order.
The price takes into account the VAT applicable on the date of the Order, as well as any coupon codes that the User may have that are communicated during the Order process.
8.2 – Payment
The Service Price (and Cancellation option if any) selected is paid in full at the time of the Order by credit card only (network cards for Carte Bleue, Visa, Eurocard/Mastercard) using a secure payment system.
ARTICLE 9 – CANCELLATION RIGHT
The User, if a non-professional individual, has a cancellation right in accordance with Article VI.47 of the Code of Economic Law. This right may be exercised within a period of fourteen (14) days from the date of the Order by the User, without having to give reasons or pay penalties. The cancellation request may be exercised by sending an e-mail to Q-PARK Customer Service via the Customer Service Page of the www.q-park-resa.fr website, choosing the “Cancellation Request” item. This email must include the relevant booking number and address of the applicant (first and last name, e-mail). When this period expires on a Saturday, Sunday or a holiday or day off, it is extended to the next business day.
If the User exercises his or her cancellation right under the conditions mentioned above, Q-PARK shall reimburse him or her, where applicable, the amount he or she has paid, no later than fourteen (14) days after the date of Q-PARK being informed of the User’s decision, with the exception of possible return costs of the access card which are the User’s responsibility. The amounts will be re-credited to the account corresponding to the credit card used (secure transaction) or by check.
In the event that the User wishes to use the service subscribed before expiry of the deadline of fourteen (14) days cited above (particularly in the case of an effective date of the Order prior to the date of conclusion of the Order at the request of the User), he or she must inform Q-PARK indicating that he or she wishes to have his or her access card to the car park before the expiry of that period regardless of the date of actual use thereof by the User.
In accordance with Article VI.51, §3 of the Code of Economic Law, the User who exercises the cancellation right for a contract whose execution was started at his or her express request and before the end of the cancellation period, shall pay Q-PARK an amount equal to the proportion of the service used until communication by the User to Q-PARK of the cancellation request.
In accordance with Article VI.53.1 of the Code of Economic Law, the cancellation right may not be exercised for fully executed contracts before the end of the cancellation period, the execution of which began after prior express consent of the User and expressly waiving the cancellation right.
ARTICLE 10 – LIABILITY AND WARRANTIES
No warranty is given to the User in terms of:
The absence of anomalies, errors and bugs that may affect navigation on the Site or the implementation of any features offered on the Site; or
The possibility to correct these anomalies, errors or bugs; or
The absence of interruption or failure in the operation of the Site; or
The possible compatibility of the Site with a given hardware or specific configuration.
In no case shall Q-PARK be responsible for failures due to third-party software, whether these are or are not incorporated into the Site or provided with it.
In no case shall Q-Park be liable for any direct or indirect and/or consequential, foreseeable or unforeseeable damage (including loss of profits or opportunity, etc.) resulting from the provision and/or use or total or partial inability to use the Site features.
The hyperlinks on the Site to refer the User to other websites are only intended to facilitate User searches. In any event, the User declares to know the characteristics and limitations of the Internet, particularly its technical performance, response times for consulting, querying or transferring data and the risks to the security of communications.
Q-PARK disclaims any liability for non-performance or improper performance of the Service attributable to the User, or because of a third party foreign to the Service or in the event of force majeure as defined by case law.
No recourse may be exercised against Q-PARK and its insurers in the event of use by a third party of the QR Code provided to the User, or its unauthorized use.
ARTICLE 11 – CLAIMS
Any request for information, details and any claims should be directed to Q-PARK Customer Service by e-mail via the contact form in the Customer Service section.
ARTICLE 12 – INTELLECTUAL PROPERTY
The Website, its content and all constituent elements, are creations for which Q-PARK Group companies are holders of all intellectual property rights and/or operating rights, particularly including copyrights, database rights, trademark rights and design and model rights.
The Site, and all accessible parts, software, databases, text, information, analyses, images, photographs, graphics, logos, sounds, videos, and more generally any other content on the Site is the exclusive property of the Q-PARK group or, if applicable, the respective owners with which it has agreements to use. All reproduction rights are reserved.
The User is granted a non-exclusive, non-transferable and private right to use the Site and the information contained on the Site. The right granted consists of (i) a right to consult data and information contained on the Site online and (ii) a right of reproduction consisting of printing and/or saving consulted data and information. This right of use applies only for private use.
Failure to comply with the requirements referred to above constitutes an act of infringement which may incur the criminal and/or civil liability of the perpetrator, Q-PARK reserves the right to file any legal action against the perpetrator before the competent courts. No hypertext link to the www.q-park-resa.fr site can be implemented without the prior express written consent of Q-PARK.
The use of any downloaded software on the Site to access certain Services or features, is governed by the terms of the licence accompanying it. The User agrees not to install, copy or use the software before having previously consented to the terms of such licence.
For software unaccompanied by a licence, the User is granted the right to temporary, private, personal, non-transferable and non-exclusive use of this software in order to, to the exclusion of any other use, access the Service and features that make the use of this software necessary. By installing or using the software, the User agrees to comply with this condition.
ARTICLE 13 – PROTECTION OF PERSONAL DATA
In accordance with the Act of 8 December 1992 on the protection of privacy in respect of personal data processing, the necessary information to process and fulfil Orders, are marked with an asterisk on the pages of the Site.
Other optional information requests, or information related to the User’s interest for offers which may be sent to him or her, are intended to better understand and improve the services that are offered.
Unless the User objects, the companies of the Q-PARK group may be led to provide this optional information about the User to other group companies or their partners.
Unless the User objects during the creation of the account, which he or she can change at any time, Q-PARK may send information by email to better understand the Services and the Site, as well as promotional offers.
The User’s personal data is collected and processed by Q-PARK for processing Orders and allocation of promotional codes.
In accordance with the Act of 8 December 1992 on the protection of privacy in respect of personal data processing, the User shall have at any time, the right to access, modify, rectify and delete data concerning him or her. He or she may do so by contacting Q-PARK RESA Customer Service at 1930 Zaventem, Belgicastraat 3 Box 6. All requests must be accompanied by a copy of an ID.
ARTICLE 14 – APPLICABLE LAW
These General Terms and Conditions of Sale are subject to Belgian law. Any dispute concerning their interpretation and/or execution shall be submitted to the Courts of Brussels.