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 1 rue Jacques-Henri Lartigue, 92130 Issy-les-Moulineaux, and its various other subsidiaries, hereafter known as “Q-PARK”.

ARTICLE 1 – DEFINITIONS, SCOPE OF APPLICATION

1.1 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 SERVICES

In 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 METHODS

3.1- 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 and obliges the User to pay for the service.

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.

In this confirmation email, the following will also be indicated: For reservations in Car Parks equipped with a license plate reading system, the confirmation of the license plate by the User and registered for access to the Car Park and an access code allowing access to the Car Park in case of failure of the license plate reading system; or

For reservations in Car Parks that do not have a license plate reading system, the QR Code which allows the User to access the Car Park.

The QR Code and the access 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.

Any payment will trigger the issuance of an invoice.

Q-PARK recommends that the User save or print this email confirming the Order, the payment certificate and the invoice, which may be requested of him in case of access problems to the Car Park.

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 the Service Clients tab so that he can submit his Order number.

If there is an inspection in the Car Park, the Order confirmation may be requested by Q-PARK staff, under electronic or paper form.

ARTICLE 4 – CONDITIONS OF USE OF THE SERVICE

4.1 – Access using a QR Code
Once 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.

4.2 – Access by license plate reader
Once the Order has been processed, the User will receive an email at the email address that he registered. This email will contain the license plate given by the User at the time of the Order, as well as an access code that the User can use in case of the failure of the license plate reading system.

When the User arrives at the access gate of the car park (at the time provided for in his reservation), the license plate of his vehicle, which was previously registered upon his Order, will be recognized via the license plate reading system.

At departure, he only has to leave the Car Park via the license plate reading system.

The User is reminded that he absolutely must carefully retain the email confirmation.

Early arrivals and late departures (hereafter “Exceeding Time Limit”) will be invoiced and deducted from a bank card in accordance with Article 6.2 below and according to the rate currently in force in the Car Park.

A 15 minute allowance (time not invoiced) is granted.

Any time period that has been started will be payable. During his Order, these Exceeding Time Limit rates are indicated to the User in his order summary. The User is advised to retain and/or print this information.

In case of a change in the Exceeding Time Limit rate after the Order and before arrival at the Car Park, the User will be charged the Exceeding Time Limits rates applicable on the day of his Order.

In accordance with the internal parking lot regulations, parking is at the User's own risk. Under no circumstances does Q-Park's service constitute a guarding or surveillance service for the vehicle. The right granted by the Service subscribed by the User corresponds to a parking right and not to a right of custody or deposit of the vehicle.

ARTICLE 5 – CANCELLATION

The 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.

A User who has entered an Express Order (an Order without creating a personal account on the Site) can in no case benefit from the cancellation conditions of this article.

ARTICLE 6 – FINANCIAL CONDITIONS AND PAYMENT METHODS

6.1 – 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.

It is specified that any Exceeding Time Limit occurrences (early arrival and late departure via the license plate reading system) will be paid by debit to the bank card used for the payment of the Service. For this purpose, the User should check, when he is entering his order, the box for acceptance of the use of his bank card for the payment of his reservation and all sums due in case of Exceeding Time Limit of the share of hours reserved, in accordance with the rates presented at the time of the reservation.

In addition, an email will be sent to the User at the end of his parking to indicate to him the length and amount of his excess time, which will be debited to his bank card, and the date of this debit.

Once the amount of the excess time is debited, the User will receive a second email confirming that the payment has been made, and inviting him to access his excess time invoice by clicking on the link present in the email.

6.3 – Promotional codes
If a User wishes to use a promotional Code, the User must fulfill the conditions applicable in this promotional code. The User who wants to use a promotional code must complete the field “promotional code” during the Order, then click OK.

Each promotional code is valid for a limited time and cannot be exchanged or refunded.

ARTICLE 7 – RIGHT OF WITHDRAWAL

The 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 GUARANTEES

Q-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 or the license plate;
• 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 – DISPUTES

9.1. 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 1 rue Jacques-Henri Lartigue, 92130 Issy-les-Moulineaux.

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.

9.3. Mediation
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 submit his request to the CNPA mediator, whose contact details and referral procedures are available by clicking on the following link: http://www.mediateur-cnpa.fr/, subject to compliance with the conditions for admissibility of his file and within a period of less than one year from the date of his written complaint to Q-Park Customer Service.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

In 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 1 rue Jacques-Henri Lartigue, 92130 Issy-les-Moulineaux. Any request must be accompanied by a copy of an identification document.

Last updated 03/09/2018