GoToPark is the trademark of the company by the name of GoToPark S.àr.l.-S - Rue du Puits Romain 33-39 8070 Luxembourg ( LU31250526 - B234563 )
GoToPark is the owner and administrator of the currently active internet website (hereinafter to be referred to as "the Website") at which people referred to as clients (hereinafter to be referred to as "Clients" or in the singular as "Client") are able to reserve parking spaces for their vehicles.
The website is a platform for making online reservations for car park spaces.
GoToPark is not the owner of the car park spaces and has no rights to the use thereof. Individual persons and legal entities (i) with on-going economic aims, (ii) who have the necessary official permissions and (iii) who own car parks, wish to increase the use of their car parks. And within this context they have made contact with GoToPark in order to be included on the Website. Hereinafter these parties are to be referred to as "Service Provider/s".
GoToPark and the Service Provider have signed a partnership agreement. This contract however does not mean that a partnership between GoToPark and the Service Provider has been set up or that an actual or official company partnership has been established.
The general conditions have been determined between GoToPark and the Client and hereinafter are to be referred to as the "General Conditions". These conditions are to be applied (i) when the Website is consulted or when the Website is used, (ii) for all services provided by GoToPark, and (iii) to orders and/or reservations made via the Website and/or to sales made via the Website (hereinafter to be referred to as "Reservations").
The Client hereby declares that in the event the Website is consulted and/or used and/or in the event of any reservation, the Client will be fully and unconditionally bound to the General Conditions and that the content thereof has been fully understood and accepted.
Therefore, accepting that the Client has waived the general conditions, at the same time any document put forward by the Client or a third party regardless of when or whether or not it was brought to the attention of GoToPark, is outside the context of the contract.
An exception to the General Conditions is only possible with the written approval of GoToPark. Remaining silent cannot be construed as acceptance.
GoToPark reserves the right to change the General Conditions at any time. The Conditions in force at the time a reservation is made are valid.
Consultation and/or use of the Website is for the Client's personal use. It may not be used for commercial purposes.
Relationships between GoToPark and the Service Provider are subject to separate provisions and conditions. The Client has been informed that the Service Provider is able to apply special conditions that differ from the provisions specified in the General Conditions.
2. GOTOPARK SERVICES
The Service Provider registers his/her products and services on the GoToPark Website for presentation to the Client. The Client may examine these products and services or compare the data with those of another company and make a Reservation.
The Client who makes a reservation agrees to contract an agreement with the Service Provider directly. GoToPark is only a mediator between the Client and the Service Provider. After a reservation has been made, GoToPark sends a confirmation e-mail to the Client.
GoToPark passes on the Reservation details and beneficial information regarding the Client to the Service Provider. In particular, this information is to include the arrival date, the number of days of reservation, the Client's Identity Card or details of identification, the details of the Client's vehicle and any special requests made by the Client.
Based on the agreement between GoToPark and the Service Provider, on behalf of and for the account of the Service Provider GoToPark collects the Reservation fee that has been independently specified by the Service Provider and deals with the Clients' invoicing and after-sales services. The provision of after-sales services by GoToPark does not constitute any acceptance of responsibility on the part of GoToPark.
GoToPark provides no services other than those specified in the General Conditions. GoToPark does not sell or let out car park spaces. The Website is not a platform for recommendation. GoToPark, on whose Website Service Providers may be found, is not a means of approval for the quality and level of the products and services provided by the Service Provider.
The information given on the Website is provided by the Service Provider who bears all responsibility therefore. While taking the utmost care regarding the information on the Website and while regularly updating this information in the pursuit of the highest level of correctness, GoToPark cannot be held responsible for any discrepancies and GoToPark does not guarantee the correctness of the given information.
GoToPark invites the Service Provider to act in a professional manner and to provide correct, clear, full and detailed information, including the fees and availability of the products and services. The Service Provider bears sole responsibility for the information presented and published on the Website.
3. PRICES / FEES / PAYMENT
The Service Provider is free to specify whatever fee he/she may wish for the products and services presented on the Website. GoToPark does not intervene on matter of the specification of fees. However, while giving no guarantee, GoToPark will use its influence on the Service Provider to secure the most competitive prices.
The prices shown on the Website are valid as daily rates. The Client will only pay the price that is stipulated at the time the reservation is made definite and specified in the written confirmation sent by GoToPark.
Prices may change and in particular, changes may be applied (i) to the offer made regarding the date chosen by the Client, (ii) in connection with restrictive or more flexible conditions (in particular, with regard to the possibility of the cancellation of a Reservation free of charge), and (iii) regarding, in general, the Service Provider's economic and commercial preferences.
The Client pays the fee in full as a cash payment together with the Reservation. As an exception, the Client may make the payment specified during the Reservation or on the due date.
Within the limitations of the service provided by the Client's bank, payments made via the Website are made with the mediation of a third party payment institution (not GoToPark) and a means that has security measures. Payment is made by way of the Client's credit card, bank account or other means found on the Website. During the Reservation the Client choses one of the payment methods offered. In the event the Client pays by credit card, the Client enters the name on his/her credit card, the card number, the card expiry date and the security number. In payments of this sort, some banks may additionally request a digipass type signature. Following the relevant bank's verification procedure, the payment is then confirmed or rejected. Following the confirmation of the payment, the payment is made within the framework of the conditions agreed with the bank by which the card has been issued.
GoToPark collects the payment on behalf of and for the account of the Service Provider and transfers the payment to the Service Provider on behalf of and for the account of the Client in compliance with the agreement between GoToPark and the Service Provider.
The payment made by the Client is the final payment of the Reservation fee and unless otherwise specified cannot be refunded.
GoToPark is not responsible for the misuse or unauthorised use of the Client's credit card or bank account. The Client is solely responsible and takes every precaution to prevent any such situation from arising.
4. CANCELLATION / PAYMENT REFUNDS
The finalisation and payment of the Reservation show that the Client has read, understood and agreed to the Service Provider's General or Special Conditions. These conditions cover the cancellation and/or change of the Reservation, the Client's non-arrival or delayed arrival on the Reservation date to take delivery of the Service Provider's product and service. These conditions are shown both on the Website and on the letter of confirmation sent to the Client by GoToPark. Additionally, a copy of the conditions may be obtained by way of a written request sent to GoToPark.
The Client is to agree to comply with these conditions (in particular to those regarding delays) and in the event of the cancellation and/or change of the Reservation and/or the Client's non-arrival or delayed arrival on the reserved date the Client is to accept the consequences as the sole responsible party. Under no circumstances can GoToPark be held responsible for these outcomes.
The Client is warned that with certain rates and certain Reservations, in the event the Client cancels and/or changes the Reservation and/or fails to arrive or arrives late on the date for which the Reservation has been made the payment is non-refundable or only a portion of the payment is refundable.
In the event the Service Provider accepts the possibility of a refund of the payment, the Client asks the Service Provider to send a communication to GoToPark in order to enable the refund to be made.
Independently of the Service Provider's own conditions, GoToPark refunds only 80% at the most of the payment made to the Client. The remaining 20% covers the services provided by GoToPark (e.g. the use of the Website, Reservation platform, payment service etc.). In this situation, GoToPark prepares a credit invoice for the full payment (100%) made by the Client and a separate invoice for the 20% deduction.
Any complaint or claim regarding the GoToPark services must be sent within the foreclosure period of fifteen calendar days following the Reservation. In the contrary case, it will be considered that the service was provided in the correct manner and in accordance with the Client's expectations and no claim may be made against GoToPark by way of the relevant service. Claims are to be sent to the GoToPark headquarters or to the following e-mail .
Regarding the services provided by the Service Provider, the Client may at any time inform GoToPark electronically ( via the e-mail ) of their observations and/or their suggestions and/or their dissatisfaction.
In the event a dispute arises with the Client regarding any of the services provided by the Service Provider, the Client is to make contact with GoToPark and GoToPark will endeavour to find a solution that is satisfactory for both parties. GoToPark's role while doing this is limited to the role of a mediator and/or conciliator and does not include an obligation to obtain a result. Unless otherwise specified, GoToPark's intervention is free of charge and is part of the "after-sales service".
6. GOTOPARK'S RESPONSIBILITY
GoToPark undertakes responsibility for the tools it presents for all stages that will provide access to the Website, including Reservation procedures. GoToPark does not meet damages arising from the Website temporarily failing to function and/or open; and/or the damages sustained by the Client and/or any person acting on behalf of the Client arising from (i) situations in which communication is out of service or is delayed by way of the actions of any government office and/or public institution, including the actions of another Service Provider beyond GoToPark's routine inspection, war, uprising, sabotage, economic and/or political boycott, fire, flooding, strikes and all other similar situations, (ii) viruses and/or attacks by computer hackers, (iii) the Website's periodic or urgent maintenance, (iv) the setting up of the Website's updates and/or the application of necessary changes and (v) problems and breakdowns in the area servers outside the control of GoToPark. GoToPark cannot be held responsible for damages and losses arising from the disruption or slowdown of the services and/or the Website associated with internet usage, attacks on the Website or viruses, or any events that can be assessed as being unforeseeable circumstances.
GoToPark can only be held responsible in the event the Client sustains losses as a direct result of GoToPark's breach of its obligations within the framework of the General Conditions. Under no circumstances may GoToPark be held responsible for the Client's indirect losses (e,g. loss of profit, commercial damages, loss of opportunity, loss of income, damaged image and/or damaged reputation etc.). In any event, regardless of the grounds or form of the relevant procedure, the sum for which GoToPark is responsible may not exceed the amount paid by the Client on the date the obligation commenced.
As GoToPark acts as mediator and the Client makes a contract with the Service Provider directly, GoToPark is not aware of the rights and obligations arising from this contract. As a result, GoToPark is not responsible for any mistakes, omissions, cancellations or deficiencies arising from the Client – Service Provider relationship.
In addition to the limitations specified in this clause, GoToPark may only be held responsible and/or with limited liability within the framework of the provisions in the General Conditions.
7. PERSONAL DETAILS
The Client expressly agrees / gives consent to his/her personal details being processed. GoToPark is responsible for the procedures.
The Client guarantees that the information to be published on the Website complies with the General Conditions and is complete, correct, transparent and up-to-date. In the contrary case, GoToPark reserves the right to cancel the Reservation without payment of any compensation. GoToPark is not responsible for the outcomes arising from the information provided by the Client being incorrect and/or deficient.
The requirement to provide personal details is an obligation for the Client under the terms of the contract. In the contrary case, it is not possible for the Client's Reservation procedure to continue. The data passed on via the Website by the Client is essential for GoToPark to fulfil its obligations in the best possible way and for the Reservation.
GoToPark processes the personal data provided by the Client in particular for the following purposes: (i) for GoToPark's obligations to be fulfilled in the best way possible, (ii) for the Service Provider to be able to fulfil his/her obligations in accordance with the Reservation by way of these details being passed on to the Service Provider, and (iii) for direct marketing (GoToPark's rightful benefit: GoToPark's right to carry out direct marketing by sending e-mails directly to the Client).
GoToPark undertakes not to sell or share this data with third parties. However, GoToPark has the right to pass on the personal details pertaining to the Client to the Service Provider for the Reservations and delivery. The Client expressly agrees to this provision.
GoToPark saves the Client's personal details for a maximum of 10 years as of the Reservation date.
The Client has the following rights regarding his/her personal details: (i) to access and correct the personal details, to delete the personal details and to limit the processing thereof, (ii) to withdraw his/her consent, (iii) to make complaints to the competent supervisory authorities, (iv) to object to the processing of the information for direct marketing purposes without compensation and (v) the portability of the data.
GoToPark may use the Client's personal details universally (both within and outside the European Community). In the event GoToPark takes the Client's personal details outside the European Community, GoToPark undertakes by all reasonable means that the Client will be able to benefit from the same rights as stipulated in this clause.
8. INTELLECTUAL PROPERTY
All items, visual or audio on the Website, including basic technology and software, are protected by copyrights, trademarks or patents and, more generally, intellectual property rights and the relevant laws. They are GoToPark's exclusive property. It is forbidden for the Website or the databases to be copied in any way outright or in part.
Any Client with a personal website who wishes to provide a direct link to the Website from his/her own website, even if it is for personal use, is obliged to obtain permission from GoToPark. In any case, any type of link must be removed at a simple request from GoToPark.
The computer records saved under reasonable secure conditions on GoToPark's and the Service Provider's computer systems are proof of the communications between GoToPark and the Client, Reservations and payments.
In the event one or more than one of the provisions in the General Conditions is invalid or declared invalid due to a law, a regulation or a decision by an authorised court, the other provisions maintain their validity and effect. The General Conditions and the Reservation summary sent to the Client and/or confirmation constitute the entirety of the contract and the entirety of the contractual relationship. In the event there is any contradiction between these documents the General Conditions are valid.
11. APPLICABLE LAW – COMPETENT COURTS
The General Conditions are subject to the laws of Luxembourg. The Courts of the Grand Duchy of Luxembourg, which operate in the French language, constitute the sole competent authority for any dispute between GoToPark and the Clients.
The European Commission provides a platform for the resolution of disputes online. It can be reached at http://ec.europa.eu/consumers/odr/. GoToPark is not obliged to participate in the procedures for the resolution of a dispute before a consumer conciliation body.