TERMS AND CONDITIONS
Last updated on May 28, 2019
The present Terms and Conditions (the “Terms and Conditions”) govern the terms applicable to the access, use and reservations involving the website www.parqer.com (the “Website”). Parqer (“MEMO TRAVEL SA, 12 quai du Seujet, Geneva, Switzerland”) operates and manages the Website, which serves as an online platform allowing users to verify availability and reserve parking spaces.
The Terms and Conditions will apply when you visit, access, or otherwise use the Website. We, Parqer (also referred to as “we”, “us”, “our” and other similar expressions), therefore encourage you to review the Terms and Conditions before accessing or using the Website.
1. APPLICATION
Accessing or using the Website in any way constitutes your acceptance of these Terms and Conditions. You agree to comply with and be bound by these Terms and Conditions as of the time you first access or use the Website.
We reserve our right to update these Terms and Conditions, at our discretion, from time to time and without notice.
If you do not wish to be governed by these Terms and Conditions, please do not use the Website.
2. SERVICES OFFERED ON OR BY THE WEBSITE
The Website serves as an intermediary between the Website’s users and entities that offer parking spaces (the “Parking Facilities”). The Website allows users to reserve and pay for parking spaces to be supplied by the Parking Facilities. Considering the Website only acts as an intermediary and does not operate the Parking Facilities, we have no control over pricing and availability of parking spaces.
The Website may also provide lists of parking spaces, pricing and list of parking lots.
We may modify, discontinue or otherwise change the services offered on the Website at any time at our discretion. We will not be held liable for any changes we make to the services and/or information offered on the Website.
3. USER REGISTRATION
To make reservations using the Website, you may need to register by providing personal information. Personal information includes but is not limited to your name, address, contact information, and payment information.
Personal information you provide using the Website must be accurate, recent, complete and true. You agree to update all your personal information as needed.
We have implemented strict privacy policies whereby we will not share your personal information with any third party unless it is necessary or preferable for us to do so.
4. SECURITY AND PASSWORD
Your registration on the Website is personal to you. You are responsible for maintaining the confidentiality of your username and password. You will be responsible for all reservations and activities made under your username, even if you have not authorized such reservation or activity, unless you advised us in advance of a breach or compromise.
You may send us an email or use the contact section of the Website to inform us of any compromise or breach involving your registration.
We encourage you to change your password immediately if you believe your password may have been compromised or used without authorization.
5. AVAILABILITY OF PARKING SPACES
We undertake to use our best efforts to update and maintain current information regarding the availability of parking spaces on the Website, however, we do not guarantee that the parking spaces listed on the Website will be available at all times. The parking spaces are subject to availability in your area. We may refuse or cancel a parking reservation made using the Website due to issues of availability.
If this is the case, we will promptly advise you and we will not charge you for the reservation. We may offer an alternate parking space., if If such is available, and you will be able to decide whether or not to accept the alternate parking space.
At this time, we may not offer parking space information in every region. As a user, please verify our Website to ensure we service the region in which you are located.
6. PAYMENT INFORMATION
To reserve a parking space using the Website, you must provide valid payment information. Payment information may refer to your credit card information, your PayPal account or any other means of payment authorized by Parqer. You agree to update your payment information as needed during the term of your usage of the Website.
You confirm that you are fully authorized to disclose and use the payment information you provide on the Website. You authorize us to keep your payment information on file to cover recurring and future payments.
If the payment information you provide is invalid or otherwise unacceptable, we have the right to cancel your reservation and/or access to the Website and services offered therein.
You further agree to pay all charges in connection with the reservations and services involving the Website at the prices indicated. Pricing for the reservations may vary depending on the Parking Facilities, time of year, demand and other similar factors.
7. RESERVATION POLICY
To reserve a parking space using the Website, you will be asked to follow the instructions set forth on the Website for the particular parking space.
Prior to reserving a parking space, you must have registered an account with the Website and provided your relevant payment information.
Prior to reserving the parking spot, we require that you hold valid automobile insurance and that you are the owner, lessor or have secured proper consent to use and park the vehicle in the reserved parking space. Your use of the reserved parking space must comply with all regulations and policies set forth by the applicable Parking Facility. You agree that you will be responsible for any damages caused by your vehicle or for negligence or misconduct involving the reservation and/or the parking space.
8. REFUND AND CANCELATION POLICY
All payments made using the Website are final, except if we authorize a refund under particular and exceptional circumstances. Further, payments for a specific parking space will not entitle you to any alternate parking space or any type of exchange, unless we specifically authorize such in writing.
All reservations made using the Website are final and may not be canceled, except by providing a notice of at least seventy-two (72) hours prior to the scheduled date and time of the reservation. Any cancelation made after this deadline will not be refunded in full, but may be subject to a partial refund as determined by Parqer at its sole discretion.
If you are requesting a refund due to a complaint about a parking space or a reservation, please send us a detailed email describing the incidents and the reasons for which you are requesting a refund. We may ask you to provide additional information.
We are committed to handling refund requests in a timely and efficient manner.
9. WARRANTIES AND DISCLAIMERS
The Website and the information provided thereon are provided on an “as is” basis without any guarantees or warranties of any nature. We do not warrant or guarantee that the Website, the reservation and the parking spot provided will produce any particular result with respect to your expectations.
For avoidance of doubt, the Website is provided on an “as is” basis without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
10. LIMITATION OF LIABILITY
You agree that we will not be responsible for any losses, damages, liabilities, costs and expenses resulting the use or inability to use the Website and/or relating to the parking spaces and reservations. You further agree that your use of the Website is at your own risk and Parqer disclaims all liability related thereto, whether direct or indirect.
TO THE EXTENT PERMITTED, WE EXCLUDE ALL LIABILITY FOR LOSSES, EXPENSES, DAMAGES, CLAIMS AND PROCEEDINGS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.
11. INDEMNIFICATION
You agree to indemnify and hold us harmless us from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits brought by a third party, arising out of (i) any negligent, reckless or intentionally wrongful act committed by you, and/or (ii) your execution or non-performance of your obligations under these Terms and Conditions.
12. THIRD PARTY WEBSITES
Our Website may provide links to third party websites or applications. We are in no way affiliated with these third party service providers. Your use of any third party website or application is subject to the third party’s policies and agreements. The links to third party websites or applications we provide on our Website are for reference purposes.
13. TERMINATION
We reserve our right to terminate or suspend your access and/or usage of the Website if we determine that you have breached or are at risk of breaching these Terms and Conditions. We will not be liable for any termination or suspension, whether with cause or without.
All provisions of these Terms and Conditions, which should survive termination due to their nature, will survive such termination, including but not limited to indemnification, liability, and warranties.
14. NOTICES
All notices made under these Terms and Conditions should be made in writing and delivered by way of email.
Considering we may communicate with you by email, you are responsible for providing your valid email address. If the email address you indicated is invalid, any notice we sent to this email address will nonetheless be deemed effective as per these Terms and Conditions.
15. ENTIRE AGREEMENT
These Terms and Conditions, together with any document referred to herein, constitute the entire agreement between us with respect to the subject matter hereof. These Terms and Conditions will supersede all prior agreements between us regarding the subject matter hereof.
16. SEVERABILITY
If any provision in these Terms and Conditions is deemed invalid by law or a competent court, the provision will be severe from the Terms and Conditions. The remaining provisions of these Terms and Conditions will remain valid and enforceable.
17. WAIVERS
In the event that we do not insist upon the performance of any provision in these Terms and Conditions, this will not operate as a waiver of our rights. Further, any failure or delay in exercising any right under these Terms and Conditions will not constitute a waiver of such rights.
18. FORCE MAJEURE EVENTS
Force Majeure events refer to unforeseeable situations beyond our reasonable control. Force majeure events include but are not limited to natural disasters, wars, and government acts. We are not responsible for any failure to perform our obligations during a Force Majeure event. More specifically, our obligations will resume once the Force Majeure event is terminated.
19. GOVERNING LAW
These Terms and Conditions are governed by and must be interpreted according to the laws in force in Bulgaria. In case of any dispute arising out of these Terms and Conditions, you agree that the competent courts in Bulgaria will have jurisdiction. You hereby consent to the jurisdiction of such courts, keeping in mind that we reserve the right to institute proceedings in another jurisdiction if it would be preferable to do so.
20. CONTACT INFORMATION
Please send all questions, comments, and reports to us by email.