I. Terms and conditions
By using the www.park-king.com website, you accept the terms and conditions mentioned here. If you disagree with them, you must immediately stop using this website. Park-King reserves the right to modify or update the terms and conditions at any moment and without any warning, those modifications or updates being effective immediately after being posted on www.park-king.com. It is highly recommended to read them carefully before using the website. You can access them through a link located at the bottom of each page of the website.
The General Conditions of Use describe the terms and conditions of use of the http://www.park-king.com website (further referred to as « site «). Every user admits having read and accepted the related clauses.
A user is defined by every physical or moral person who accesses the site, member or not.
A member is defined by every physical or moral person who has registered on the site to use its services.
An owner is defined by every member who rents out a parking space determined according to the required terms given by www.park-king.com.
A tenant is defined by every member who looks for a parking space for rent on the site.
II. Rights and property
All the components of www.park-king.com (texts, design, logos, photos, videos, etc…) are the entire property of Park-King. The service is protected by the laws on intellectual property according to laws in force. Any reproduction, full or partial, would be considered as an act of infringement and might lead to legal proceedings.
III. Description of the service
The www.park-king.com website is exclusively and strictly intended to the publication of rental offers for private parking spaces, as well as the consultation and reservation of those parking spaces. Any other use of this site (advertisement or audience diversion in particular) is strictly forbidden and may lead the offender to legal proceedings. Park-King is a service that is open to every company or person of age who wants to rent out or hire a private parking space and who has legally the right to do it. ANY PERSON WHO WANTS TO SUBLEASE A PARKING SPACE MUST SEND A WRITTEN REQUEST TO THE OWNER (OR THE REAL ESTATE AGENCY IF SO) BEFORE. Park-King cannot be held responsible for any litigation between the owner and the owner or the real estate agency managing the related parking space.
The site is composed of a public area and a private space dedicated to members. The public area enables to view rental offers published by registered members. The private space or member account is related to the part that is reachable after authentication. It enables to modify personal information, publish and manage rental offers, view passed transactions and the related credit balance (see section “Pricing policy”), deal with abuses and access the internal messaging. Parking spaces without subscription are bookable online and the payment is carried out through the website. Classical offers with subscription require direct contact between renters and owners and the transaction takes place out of the website. In any case, the rental process can only be completed by members. See section ｫ Pricing policy ｻ for more information.
IV. Limits of responsibility
The offers proposed on www.park-king.com are posted by users who have no relation with Park-King. Moreover, because of the quantity of offers and the data entry automation, Park-King is not able to check the entirety of the offers. Park-King cannot be held responsible for the veracity and honesty of the content published, or even for the errors or omissions within the offers. In the same way, Park-King cannot be held responsible for possible damages, and/or losses, whether direct or indirect, that could be the result of the use or on the contrary the impossibility to use the service. Finally, Park-King cannot be held responsible for expenses caused by the purchase of goods or services, reception of messages or any transaction that might occur when using this service, due to an unauthorised access to the service by another user. In accordance with its status of intermediary between users, the responsibility of Park-King cannot be liable as part of the publication of an offer that would have been done in defiance of rights belonging to a third party.
However, Park-King allows itself to carry out basic controls on the information shared via www.park-king.com. The right of control can be applied by taking contact with the user, moderating or deleting specific offers.
In any case, Park-King would like to remind the users that Park-King is not a rental company and does not control the quality or the reliability/security of the parking spaces listed within the online offers. In case of an agreement with direct contact between the owner and the renter (classical offers with subscription), Park-King is not able to guarantee the capability of the renters to rent out the related parking space(s) and that the renter will conclude the transaction neither. Any deposit required by the owner, in any form or for any purpose, is the renter's responsibility. Park-King does not take in charge any deposit in any form or for any purpose. A deposit is recommended when renting parking spaces with access by key/badge/bip, in case the key, badge or bip is stolen or lost by the renter.
Park-King makes a so called ｫ abuses management system ｫ for its members to notify improper behaviours or possible problems they might encounter when using the service. This system makes it possible to limit the abuses, but is not a guarantee of absolute reliability as for the service provided. Through this abuses management system, Park-King reserves the right to block the account of users having an improper behaviour, including the misuse of the abuses management system, and this with no preliminary warning. By bad behaviour are meant illegal occupation of parking spaces, overrun of the rental duration and publication of wrong information (ex: wrong or imprecise location). This abuses management system does not deal with robberies or damages that might be caused on the vehicles or on the parking spaces themselves, and only concerns the online reservations with no subscription, i.e. online reservations through Park-King (see section ｫ Pricing policy ｫ for more details about the different options). In any case, the user accepts that Park-King cannot be held responsible for possible abuses, robberies, material/immaterial damages or litigations, assumed or not, recorded or not, that the user would be faced to, resulting in the direct or indirect use of the services offered, and this, whether they might be related to a user of www.park-king.com or a third party. The user commits to assuming all the risks related to the use of this service, and accepts the fact that no refund will be granted by Park-King, and this, whatever the abuse case he is faced with.
Park-King also provides its members with document templates, including a standard rental contract that enables them to agree on the rental terms. This document contains information on the transaction like the guarantee, duration and the rental rate. It is purely indicative. It is up to the owner to draw up a rental contract in due form. The owner is also supposed to carry out an inventory of fixtures together with the renter. Park-King disclaims any responsibility for the content of the rental agreements/contracts and the use that might be done with them. An example of authorisation request intended to the owner or the real estate agency in charge of the parking space is also available on the website for the members. There again, this document is purely indicative and Park-King cannot be rendered liable for its content or misuse. It is highly recommended that the users and members get directly in touch with the physical or moral persons concerned, in order to communicate all the needed information about the possible rental of a parking space, and to obtain their approbation before posting an offer on the website. In any case, Park-King would like to remind that ANY PERSON WHO WANTS TO SUBLEASE A PARKING SPACE MUST SEND A WRITTEN REQUEST TO THE OWNER (OR THE REAL ESTATE AGENCY IF SO) BEFORE. The users are also advised to get in touch with their insurance to make sure that the possible risks related to the parking space rental are covered.
Some references to other websites might be published on www.park-king.com. Those sites are owned and run by third parties, thus Park-King cannot be held responsible for their availability, content or even for the products, advertisements and any other component or service introduced on those sites. References and links to other sites do not represent any approval or partnership with those sites. You must contact the administrator or webmaster of those sites if their content may be an issue. The usage of those third party sites is subject to their own conditions of use and to the privacy protection policy and Park-King cannot be held liable for that. It is thus recommended to read carefully the privacy protection policy of those third party sites.
V. Limits of responsibility
Members are fully responsible for the activity occurring on their accounts. Every member has his own user name, pseudo and password that enable him to access the private space of the site. The member commits himself to keeping confidential the password chosen for the use of his account. The password is personal and must not be shared or transferred to another physical or moral person. The member admits and accepts being the only responsible for the usage of his password. He accepts being held as responsible, irrefragably, for all consequences or obligations following the usage of his password by a third party. He also commits himself to notifying Park-King of any illegal usage of his account. Finally, the member commits himself not to using the service for commercial purpose without asking Park-King for its agreement before. The messages issued from this service reflect the views and opinions of their authors and not Park-King. Park-King cannot be held responsible for their content. Will not be accepted on this site any offer that has no relation with the parking space rental, or that could offense other users, favour racism, sectarianism, hatred or physical violence of any kind against a group or a person, or that could be threatening, obscene, prejudicial to minors, defamatory or slanderous, that might deflect on human dignity or contain pornographic content. Any offer of this kind will be subject to immediate removal with no preliminary warning and to the possible removal of the related member account (see section « Termination of member account «).
The member also admits and accepts that the site might consider the usage of his member's account, member's name or password as a proof of the site usage. Any usage of the service through the member's password will be considered as being carried out by the related member.
Any modification of the information needed for registration must be notified to Park-King within 8 days after their modification.
The registration involves providing an email address that will be used as communication means between the member and the site, and will be considered as unique identifier for the member's account. Any email sent by the site to a member is considered as received by the member. Moreover, it will not be possible for a member to change his email address when editing his personal information.
VI. Termination of the member account
Park-King reserves the right to terminate partially of fully the access right related to a member's account and password, to delete them, and to move or remove any offer that might generate spam, flood or if there is any doubt that a member might have behaved in contradiction with the general conditions of the site, or performed activities against the law through the site. You admit that the termination of your access to the service, in accordance with the terms described in those general conditions, may occur at any moment without any warning, and that Park-King has the right to deactivate or delete your account at any moment and with immediate application, as well as any offer registered in this account and/or ban your access to the site in the future. The termination of an account will not result in any compensation, and this, whatever the possible damages caused by the termination of the account. The temporary or permanent termination of a member account will be an impediment to the usage of the Park-King services. Moreover, the credits earned by the member on the website will not be transferred to his banking account, they will be lost.
VII. Modifications and service interruption
Park-King reserves the right to modify or stop the service without any warning. The member admits and accepts that Park-King neither guarantees a continuous and secure access to the site, nor the security in the data transmission. The site operation can be hindered or affected by numerous factors or circumstances that are out of control of Park-King.
VIII. Content of offers
Users of www.park-king.com, when publishing rental offers, accept to deliver accurate information about themselves and the parking spaces offered and accept to update this information on a regular basis. Should this information be wrong, inaccurate, out of date or incomplete, Park-King reserves the right to adjourn or terminate the member's offer(s) and to prevent him/her immediately and permanently from accessing partially or fully the site.
The information provided, whether published through www.park-king.com or through partners' sites, is the only responsibility of the user who posted the related content. The rental conditions (duration, rate) are set by the owners and not Park-King. Any owner who would like to offer a parking space must first have those conditions approved by the owner or the real estate agency in charge of the parking space through a written request.
Park-King cannot guarantee the accuracy, precision or exhaustivity of the information made available by this site through offers, thus you admit that the usage of any information related to statements and guarantees provided by a member is at your own risks, and that you assume the full responsibility of that.
The member guarantees that he owns all intellectual property rights on the offers content, texts and photographs. He also guarantees that he owns all the image rights of persons and parking spaces depicted on the visual components while at the same time respecting the measures specific to the respect of privacy.
IX. Modification/deletion of offers
Park-King does its best to ensure the accuracy of the information published on the site and that this information is up-to-date. Park-King reserves the rights to remove any content that does not respect its terms and conditions. As a user, you also admit that Park-King has the right to archive the offers, and to disclose them in the context of a legal action intended to enforce the law, the conditions of use of the service, as well as Park-King's rights and interests. Exercising its right to withdraw a litigious content does not imply in any way the acknowledgment of the validity, pertinence, conformity with the law or the acknowledgement of the quality of the offers or comments that have not been removed.
Park-King has also the right to control, correct and/or exclude partially or totally the content of the offers.
X. Respect of laws by users
Every member is supposed to be aware of the applicable laws and assumes the responsibility of respecting those laws. A member cannot use this service in a manner that would violate the applicable laws. A member also commits himself not to sharing any material encouraging a behaviour that would constitute a criminal breach, lead to civil liability, violate any cantonal, federal, national or international law. It is up to the users to submit themselves to tax return in force in the country to which they belong in case their activity generates an income (see section « Taxes »).
XI. Access to information
In accordance with laws in force, you have a permanent right to access, modify, rectify and remove all personal data. You can ensure that the personal piece of information identifiable in your account is correct and up-to-date. You can view this information by logging onto your account.
Park-King commits itself to protecting the confidentiality of your own data. This statement sets the sites practices in terms of confidentiality regarding the collected information when you or your computer interacts with www.park-king.com.
Any nominative data collected to users through a form are strictly intended to Park-King and shall not be shared to third parties in a commercial purpose. Park-King commits itself not to selling, neither for free nor against compensation, the information collected via www.park-king.com. However, given the Internet network nature, the whole information published on www.park-king.com is open to anybody in the world. Park-King commits itself to doing its best so that the rights related to the data recorded on the site can be respected, in terms of security and protection of its database and control of illegal copy that could be done. But in any case, Park-Kings responsibility will not be engaged based on the fraudulent use by a third party of information published on www.park-king.com.
XII. Pricing policy
Access and registration of users (owners or renters) is free.
Park-King offers two options for the publication of parking spaces rental offers:
With subscription: concerns internal or external parking spaces with any access type (access with code, key, badge, bip or free access). An owner can subscribe for 1 month, 3 months, 6 months or 12 months (with decreasing price). The owner publishing an offer of this type accepts to make visible his phone number and email address with the purpose of being contacted by possible renters and accepts the fact that this might cause the reception of unwished and/or improper messages from other users. Searching and viewing this kind of offer is free. The information that enables the users who carry out a search to get in touch with the related owners is directly provided (phone number and email address) from the moment those users are registered as members. The availability of those parking spaces is not guaranteed by Park-King. The renters are responsible for getting in touch with the related owners to check the availability and come to an agreement about the rental terms. The renter must be aware that he will pay the rental out of www.park-king.com in that case.
Without subscription: concerns every type of parking spaces too. The publication of this kind of offer is free for the owner. Contrary to offers with subscription, the reservation process fully carried out online (except key/badge/bip delivery). The hourly and/or daily rate can be freely defined by the owner. However, Park-King highly recommends the owners to propose a reasonable rate so that their parking space(s) can be attractive and thus increase the chances to have the space(s) rented out. The rate must also be previously approved by the owner or the real estate agency in charge of the related parking space(s) (see section « Limits of responsibility »). Searching this kind of offer is free, but viewing is limited to the display of the approximate location and to the price. Since the system filters in real-time the parking spaces matching the search criteria (date and duration in particular), the parking spaces found are supposed to be available. This availability does not take into account the possible abuse cases or illegal occupation of the space by another user or a third party. In order to get all the information contained in the offer(s) chosen, which enables to locate and use them (i.e. precise address and all needed details to access them), a user must be previously registered (as a member), and must have proceeded to the payment related to the parking space(s) chosen. The personal information (email and phone number) concerning the owner(s) is only made available for the renter when a parking space with key/badge/bip has been booked (i.e. after payment by the renter through the website) to ensure that the key/badge/bip can be delivered. The online reservation process remains completely anonymous in all other cases (i.e. offers without subscription). The payment of the parking space(s) is carried out through Paypal or by credit card (option proposed by Paypal for users who do not have an account on their website).
The type of offer (with/without subscription) is defined during the registration phase of the parking space by owners.
The rate of the parking spaces can be displayed in several currencies but the base currency is Euro. The foreign exchange rate, used to display the rate in other currencies, is updated on a regular basis and is provided by official sources.
Owners who have reached a certain credit amount (equivalent to 10€ or more) may send a transfer request to Park-King from their member's account. This transfer can be done via Paypal or to a bank account, depending on whether a Paypal account or an IBAN has been provided by the member. In the second case, the bank account will then be credited with the corresponding amount within 30 days after the request, provided that the related IBAN is valid (the validation is carried out by Park-King). The transfer can be done in Euros or Swiss francs only. If the bank account currency is different, the conversion will be based on the amount equivalent to the credits in Euros, and the rate will depend on your bank. The bank transfer and conversion fees will be at the charge of the member. In case of termination of the member's account by the member himself, a transfer request will thus have to be done previously to Park-King by the member.
The site users, members (owners and renters) admit that Park-King may receive a remuneration following a rental that would be concluded through the site due to the fact that Park-King helped them in performing the operation. The user accepts this mode of remuneration and may not engage Park-King's responsibility because of this remuneration. The commission received by Park-King on the online (offers without subscription) transactions is 20% of the rate defined by the owners.
Park-King may change at any moment its pricing policy. Those changes will enter into force right after their publication and will apply to all the transactions that will take place after this publication. In case of a temporary change, the duration will be clearly mentioned on the site.
The site users and members are liable for tax and commissions resulting from the use of the services proposed by www.park-king.com. Park-King declaims responsibility concerning taxes on transactions that are carried out on or via www.park-king.com.
Whether you be a moral person (company) or a physical person (private individual), and whether you be an owner or a renter, the VAT can apply to your transactions. Other taxes, like the professional tax or social charges may also apply to such transactions. Site members admit expressly that all those taxes and possible charges may apply to their situation according to the laws in force.
Members commit themselves to seek information from a third party about fiscal aspects of such transactions, in order to respect the law in force in their country.
The user or member accepts to defend and compensate Park-King (including for possible attorney expenses), authorised representatives, directors, administrators, employees, owners, renters, against any request or complaint coming from a third party, caused or resulting from the violation or from any other responsibility due to a breach of one of his representations, guarantees or obligations in the context of the General Conditions of Use or from the violation of any law or right of the related third party, including and with no limitation, the following claims or legal actions: infringement or violation or intellectual property rights, libel, calumny or any other defamation, privacy right or misleading representation, advertisement right. Park-King has the right, to lead the defence of any claim, legal action or affair that would be subject to compensation by the user or member, with the attorney of its choice.
XV. Relationship between parties
The present General Conditions of Use do not create any subordination, mandate, joint venture, employer/employee or franchisor relationship between Park-King and the users or members.