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Términos y Condiciones de Uso

Website

 

  1.                Ownership and purpose of the Web Platform

 

1.1  The Website www.aparcandgo.com  (hereinafter the “Web” or the “Platform”) is a Web Page owned by Aparca & Go S.L (hereinafter “The Company” or “aparca&go”), a Company duly incorporated and existing under the Laws of Spain , with registered office at Antigua de Valencia, km 4,3 08830 Sant Boi de Llobregat, company number B-64932858 and the following registration data data with the Commercial Registry of Barcelona: Volume 40.706, folio 180, and sheet number B372311.

 

1.2  Our Web has been designed with the purpose of offering to our Users simple, economic and comprehensive parking services as well as information about our service applications. Through our Website you will be able to locate, book and access to our parking services in the most important airports and train stations as well as in our public parking network of the main cities in Spain. In addition, you will be able to manage your User account, the services ordered, your billing and your bookings.

 

  1.                 Concepts

 

2.1   Platform: shall mean the Website www.aparcandgo.com including certain non-public areas accessible only to authorized users.

2.2   Content: refers to all elements of the Website including but not limited to titles, text, images, software, videos, designs and any amendments thereto

2.3   Agencies: refers to the travel agencies who uses the aparca&go services as value-added services, based on a collaboration maintained with aparca&go. Due to such collaboration, the Agencies access to our Platform as users. Unless expressly stated otherwise, the provision of these terms and conditions shall also apply to Agencies

2.4   Parking Owners: are natural persons or entities owning a parking or parking places registered with the authorized partners network of aparca&go.

2.5   Users/User: is the end user of the parking services. The Users access the Platform and /or to the applications of aparca&go as registered Users in order to personally manage the services requested, their bookings and billing. In addition, it will be considered end users of aparca&go the clients of the Agencies (within the meaning of section 2.3 of this clause) to whom the Agency has booked our parking services in any of the modalities offered.

 

  1.             Acceptance of the Terms and Conditions.

 

3.1.         Access to and use of our platform as well as any information, services and content are subject not only to the applicable Law in force and to regulatory standards but also to the provision of these Terms and Conditions of Use.

 

3.2.         The User acknowledge and agree to have read and understood the Platform’s Terms and Conditions of Use which constitutes the entire agreement between the User and aparca&go. With the registration and use of the services of our Platform the User expressly acknowledges and agrees to be bound by the Terms and Conditions of Use as well as by our Privacy Policy. In addition, the User agrees that the services and content offered through the Platform do not infringe nor shall be used to infringe the legislation and/or regulations in force.

 

3.3.         The Terms and Conditions of Use of the Platform may be amended by the Company without any specific notice to the User. In this regard it is important that the User verifies the Terms and Conditions regularly.

 

 

 

  1.             Web User registration

 

4.1.         The Platform is intended to Users of legal age. By registering with our Web, the User guarantees to meet this requirement.

 

4.2.         In order to use the services of our Platform, it is required you to register as User by providing your personal information. In the case of the Agencies we will require to fill out a registration form with specific information about the group of agencies you belong and your contact information. For all Users, will be required to create an account, basically a user name and password to enable the parking services.

 

4.3.         The User acknowledges and agrees that aparca&go can use your login credentials for the sole purpose of validating the User’s identification and authentication in the Platform. Therefore, it is the User and not aparca&go the responsible correctly using and protecting the passwords. The User must notify to aparca&go about any incident affecting user’s account and password.

 

4.4.         The User acknowledges and agrees that aparca&go may suspend or terminate User’s access to the Web, with or without notice, in the event that there is a reasonable suspicion of the incorrect or abusive use of the Platform and when there is a breach of any provision of  these Terms and Conditions of Use.

 

  1.              Use of the Services

 

5.1.         The services of aparca&go allow the location, booking and access to our parking places, either for long-term needs or for hours. Expenses incurred, billing and booking information for the parking services can be managed and accessed by the Users in the User’s area of the Platform.

 

5.2.         In the case of end users, it is possible to process bookings without registering in the Platform. However, complete name  of the driver as well as vehicle plate number and phone number will be required. All bookings made by the means established by aparca&go are free of charge. In the case of the services under the scheme “public parkings” it will be required to download the APP aparca&go® in your mobile device in order to activate the services. The User acknowledge and agree that use of the Platform’s services does not guarantee a parking place, since the User must respect the validity time of the booking established by aparca&go to access the services. In this regard, the bookings of “parking for travelers” will be held until 3 additional hours from the time of entry provided by the User during reservation. In the case of “public parking” reservations, the booking will be held until 30 minutes from the time of booking by the User. In the event that the User, for any reason, does not access the parking within the time limits set by aparca&go, the User will lose any right of access to the service without any liability to aparca&go.

 

5.3.         Once the User is registered and has concluded the booking process, the access to the parking will be enabled by a QR code which the User must correctly scan in order to enter in the selected parking. In order to correctly activate the services, the User must follow the instructions given by aparca&go in the booking confirmation.

 

5.4.         The User acknowledge and agree, as to the services offered through the parking places owned by the aparca&go partners network (hereinafter “Parking Owner”)that any information related to the parking, such as, tariffs, opening and closing schedules as well as any restriction on the use of the parking is provided directly by the Parking Owner and not by aparca&go. In this regard, any changes or modification affecting tariffs, schedules and restrictions are beyond the control of aparca&go. Accordingly, the User acknowledge and agree that the Parking Owner is the direct and unique responsible for the information provided and not aparca&go. Consequently, aparca&go disclaims any liability with regard to any incident or situation that could affect the User in connection with such information.

 

5.5.         In addition, the User agrees that any rules and standards established by the selected parking will be also applicable. The Use of the Platform and the aparca&go services do not excuse the User from complying with the parking rules, therefore the User is obliged to comply with them.

 

5.6.         The tariffs for the categories of subscription to the aparca&go services, including ancillary services, rewards program, methods of payment and billing information will be displayed during the booking process by the User in the Platform. Apart from the amounts that User shall pay to aparca&go for the use of the services, the User will assume responsibility for all charges associated with the use of his/her mobile device. The User agrees that certain promotional services offered by aparca&go may be subject to expiration and other possible restrictions that cannot be controlled directly by aparca&go. Aparca&go will provide the User all the information relating to additional and promotional services but will not be responsible for any defect, failure to enforce the promotional benefits or any other circumstance that prevents the User to enjoy the benefits  or the ancillary services.

 

5.7.         Aparca&go will show the information on service fees in the format “price/hour”, expressly informing the User that invoicing will be carry out per minutes incurred. To that effect, the User authorizes aparca&go to charge the applicable rate based on the use of the services and to process the corresponding transaction according to the means of payment selected by the User.

 

5.8.         In any case, aparca&go will refund the amounts effectively and actually paid by the User for the use of the parking services.

 

5.9.         Nonpayment of any fees or other sums due to aparca&go  will result in the User’s account  termination or cancellation. Aparca&go may, at its own discretion,  appoint an external debt collection agency to regain due amounts. User  agrees to reimburse aparca&go for all costs incurred in enforcing our collecting of  unpaid amounts, including debt collection agency fees, reasonable attorneys' legal fees and even Court fees and costs.

 

 

 

 

 

  1.            Exclusions of Liability

 

6.1.         Due to technical uncertainties of the Internet,  aparca&go reserves the right to temporarily suspend the use of the Platform for technical reasons or maintenance. The suspension of services does not confer any right to compensation to the User, although aparca&go  shall use its best efforts to limit possible suspension or interruptions. In addition, aparca&go retain  the right to implement any changes to aparca&go software and services at any time, with or without notice. User acknowledges and agrees that it is possible aparca&go  carry out certain actions that may prevent User from accessing the Web at certain times for limited periods, therefore User agrees that aparca&go shall not be responsible or liable as a results of any of such actions including, without limitation, for deletion or failure to make available, any of the  Platform’s content features or services.

 

6.2.         Aparca&go makes no representations about the results obtained from using the Platform and/or aparca&go software services. Therefore, under no circumstances may aparca&go or its directors, officers, employees or representatives be held liable for any incidental or consequential damage, including but not limited to any loss of profits, loss of data or business opportunities resulting from the use of the Platform and/or any aparca&go software or application services.

 

6.3.         Aparca&go  is not responsible for any loss or damage that User may suffer as a result of inappropriate use of the Platform or if the User breaches the Terms and Conditions herein or the instructions provided by aparca&go to the User in the Web or through any other channel provided for that purpose. In addition, aparca&go will not be liable for any loss or damage that the User may suffer as a result of the information provided directly by the Parking Owner in relation to any increase, change or modification on rates, opening and closing schedules and any other restrictions affecting the use of the parking places of the Parking Owners published in our Website.

 

6.4.         Under no circumstances aparca&go shall be liable for fines, penalty notices of any kind arising from the failure by the User to comply with the Parking rules. Particularly, neither aparca&go nor the Parking Owners will incur in any liability resulting from incidents (theft, damage to property of the User or third parties, vehicle breakdowns or malfunctions) arising either within the parking, in the entrances to parking, around the parking and even in the way to parking whether or not arise or may arise from predictable situations or crimes incurred by the User or received by the User. The User shall be solely responsible for contacting with the competent authorities and to resolve any matter affecting their interest or property. In any case, the User acknowledges and agrees that aparca&go can be made available to the relevant authorities, all or part of User’s personal information, if it is legally required to do so.

 

  1.           Intellectual Property

 

7.1          Aparca&go is the rightful owner of all right, title and interest in and associated with the Platform, its contents, and software including any modifications, updates and new versions as well as any trademark, trade name, know how, copyright and any other industrial and intellectual property rights inherent to the Platform and its related technology.

 

 

 

  1.          Privacy Policy, Data Protection and Cookies Policy

 

8.1              Upon acceptance of these Terms and Conditions of Use, the User acknowledge and agree to have read, understood and accepted our Privacy and Data Protection Policy as well as our Cookies Policy.

 

 

  1.             Governing Law and Jurisdiction

 

9.1              Interpretation and application of these Terms and Conditions of Use shall be governed by the Spanish Law. For the resolution of any dispute that may arise regarding the content and enforcement of the Terms and Conditions provided herein, the parties submit to the jurisdiction of the Courts of Barcelona. However, in case of the Spanish or Regional Legislation for the Protection of Consumers and Users provide for the possibility that the User choose jurisdiction based on the place of residence, the parties shall proceed in accordance with the provisions of that Law.

 

 

  1.              Contact

 

If you would like to contact us in respect to of any element  of the Terms and Conditions of Use herein or if you have any question or comments on it, please contact us directly to the following email address info@aparcandgo.com or by sending your written request to our office address:

 

Aparca&Go S.L

Ctra. Antigua de Valencia, km 4,3

08830 Sant Boi de Llobregat

 

 

Terms and Conditions of Use

aparca&go®

 

 

  1.                The APP aparca&go®

 

1.1  The application aparca&go® (hereinafter, the “APP” or “ the application”) is a software application owned by Aparca & Go S.L (hereinafter “The Company” or “aparca&go”), a Company duly incorporated and existing under the Laws of Spain , with registered office at Antigua de Valencia, km 4,3 08830 Sant Boi de Llobregat, company number B-64932858 and the following registration data data with the Commercial Registry of Barcelona: Volume 40.706, folio 180, and sheet number B372311.

 

 

1.2  Our APP has been designed with the purpose of offering to our Users simple, economic and comprehensive parking services. With the aparca&go APP you will be able to locate, book and access to our parking services in the most important airports and train stations as well as in our public parking network of the main cities in Spain.

  

 

  1.               Acceptance of the Terms and Conditions

 

2.1.         Access to and use of the APP as well as the APP’s information, services and content are subject to applicable law and regulations as well as to the provisions of these Terms and Conditions of Use.

 

2.2.         The User acknowledge and agree to have read and understood the APP’s Terms and Conditions of Use which constitutes the entire agreement between the User and aparca&go. With the installation and use of the APP, the User expressly acknowledges and agrees to be bound by the Terms and Conditions of Use. In addition, the User agrees that the services and content offered through the APP do not infringe nor shall be used to infringe the legislation and/or regulations in force.

 

2.3.         The Terms and Conditions of Use of the APP may be amended by the Company without any specific notice to the User. In this regard it is important that the User verifies the Terms and Conditions regularly.

 

 

  1.             User Registration

 

3.1.         The APP is intended to Users of legal age. By registering with our APP, the User guarantees to meet this requirement. In addition, Users shall be responsible of verifying that the APP is compatible with their devices.

 

3.2.         aparca&go® is an application that needs to access User information in order to be used. To activate the APP on your device it is required to register as User by providing name, email, phone number, vehicle plate registration number, credit card and to create a password. Due to  the nature of the APP’s features, your geolocation data will be also known and processed. If you do not agree with this, we advise you to leave the installation of the application.

 

3.3.         The User acknowledges and agrees that aparca&go can use your login credentials for the sole purpose of validating the User’s identification and authentication in the APP. Therefore, it is the User and not aparca&go the responsible correctly using and protecting the passwords. The User must notify to aparca&go about any incident affecting user’s account and password.

 

3.4.         The User acknowledges and agrees that aparca&go may suspend or terminate User’s access to the APP, with or without notice, in the event that there is a reasonable suspicion of the incorrect or abusive use of the APP and when there is a breach of any provision contained in these Terms and Conditions of Use.

 

  1.             License of Use

 

4.1.         Subject to this Terms and Conditions and our corporate policies aparca&go grants  the User a limited, non-exclusive, non-transferable, an revocable license to use and access the APP including any adaptation, update, modification, or new versions for its use and downloading on mobile devices, access through laptops, tablets and any other devices in which the software’s features of the APP, can be made accessible.

4.2.          The content and services offered through the APP are licensed but not transferred. In this connection, the User obtains no rights in relation to the APP except as expressly set forth herein. Under no circumstances, the User may:

-        Get the source code of the software integrated in the APP

-        Perform modifications, alterations, upgrades, derived programs as well as include or integrate the APP in other applications.

-        Reproduce, copy, disclose or distribute the APP (i.e. on a network for use by other devices) whether for commercial purposes or not.

-        Perform reverse engineer, decompile or disassemble the APP

-        Assign the APP, sublicense, rent, lease the APP or performing any act constituting and assignment or temporary or indefinite transmission of the APP, whether it is free or not.

-        Perform actions that directly or indirectly involve an economic exploitation of the APP

-        Carry out or perform any act not included in the previous sections that does not involve the specific purpose of meeting User’s needs which must be directly related to the services offered through the APP.

 

4.3   This License may be resolved with immediate effect by aparca&go if the User infringes any of the

prohibitions and obligations under this section and other applicable  provisions of these Terms and Conditions of Use.


.

 

  1.              Use and Payment of the Services

 

5.1.         The services of aparca&go allow the location, booking and access to our parking places, either for long-term needs or for hours. Expenses incurred for the parking services can be managed and accessed by the Users form their mobile phones and, in addition, Users may obtain the services invoice in the User’s area of the online platform www.aparcandgo.com. All bookings made by the means established by aparca&go are free of charge. In the case of the services under the scheme “public parkings” it will be required to download the APP aparca&go® in your mobile device in order to activate the services. The User acknowledge and agree that use of the APP’s services does not guarantee a parking place, since the User must respect the validity time of the booking established by aparca&go to access the services. In this regard, the bookings of “parking for travelers” will be held until 3 additional hours from the time of entry provided by the User at the time of the booking. In the case of “public parking” reservations, the booking will be held until 30 minutes from the time of booking by the User. In the event that the User, for any reason, does not access the parking within the time limits set by aparca&go, the User will lose any right of access to the service without any liability to aparca&go.

 

5.2.         Once the User is registered and has concluded the booking process, the access to the parking will be enabled by a QR code which the User must correctly scan in order to enter in the selected parking. In order to correctly activate the services, the User must follow the instructions given in the APP by using his/her mobile device.

 

5.3.         The User acknowledge and agree, as to the services offered through the parking places owned by the aparca&go partners network (hereinafter “Parking Owner”)that any information related to the parking, such as, tariffs, opening and closing schedules as well as any restriction on the use of the parking is provided directly by the Parking Owner and not by aparca&go. In this regard, any changes or modification affecting tariffs, schedules and restrictions are beyond the control of aparca&go. Accordingly, the User acknowledge and agree that the Parking Owner is the direct and unique responsible for the information provided and not aparca&go. Consequently, aparca&go disclaims any liability with regard to any incident or situation that could affect the User in connection with such information.

 

5.4.         In addition, the User agrees that any rules and standards established by the selected parking will be also applicable. The Use of the APP and the aparca&go services do not excuse the User from complying with the parking rules, therefore the User is obliged to comply with them.

 

5.5.         The tariffs for the categories of subscription to the aparca&go services, including ancillary services, rewards program, methods of payment and billing information will be displayed during the booking process by the User in the APP. Apart from the amounts that User shall pay to aparca&go for the use of the services, the User will assume responsibility for all charges associated with the use of his/her mobile device. The User agrees that certain promotional services offered by aparca&go may be subject to expiration and other possible restrictions that cannot be controlled directly by aparca&go. Aparca&go will provide the User all the information relating to additional and promotional services but will not be responsible for any defect, failure to enforce the promotional benefits or any other circumstance that prevents the User to enjoy the benefits  or the ancillary services.

 

5.6.         Aparca&go will show the information on service fees in the format “price/hour”, expressly informing the User that invoicing will be carry out per minutes incurred. To that effect, the User authorizes aparca&go to charge the applicable rate based on the use of the services and to process the corresponding transaction according to the means of payment selected by the User.

 

5.7.         In any case, aparca&go will refund the amounts effectively and actually paid by the User for the use of the parking services.

 

5.8.         Nonpayment of any fees or other sums due to aparca&go  will result in the User’s account  termination or cancellation. Aparca&go may, at its own discretion,  appoint an external debt collection agency to regain due amounts. User  agrees to reimburse aparca&go for all costs incurred in enforcing our collecting of  unpaid amounts, including debt collection agency fees, reasonable attorneys' legal fees and even Court fees and costs.

 

 

  1.            Exclusions of Liability

 

6.1.         Due to technical uncertainties of the Internet,  aparca&go reserves the right to temporarily suspend the use of the APP for technical reasons or maintenance. The suspension of services does not confer any right to compensation to the User, although aparca&go  shall use its best efforts to limit possible suspension or interruptions. In addition, aparca&go retain  the right to implement any changes to aparca&go software and services at any time, with or without notice. User acknowledges and agrees that it is possible aparca&go  carry out certain actions that may prevent User from accessing the APP at certain times for limited periods, therefore User agrees that aparca&go shall not be responsible or liable as a results of any of such actions including, without limitation, for deletion or failure to make available, any of the  APP’s content features or services.

 

6.2.         Aparca&go makes no representations about the results obtained from using the APP and/or aparca&go  software services; meaning that APP services and any aparca&go software integrated in the APP are provided on “AS IS” and “AS AVAILABLE” basis. Therefore, under no circumstances may aparca&go or its directors, officers, employees or representatives be held liable for any incidental or consequential damage, including but not limited to any loss of profits, loss of data or business opportunities resulting from the use of the APP and/or any aparca&go software services. The User shall be solely responsible for ensuring that the APP is compatible with the mobile device, thus, it will be the User who bears the loss or damage that the use of the APP, including installation, may cause on devices.

 

6.3.         Aparca&go  is not responsible for any loss or damage that User may suffer as a result of inappropriate use of the APP or if the User breaches the Terms and Conditions of the APP or the instructions provided by aparca&go to the User via de APP or through any other channel indicated for that purpose. In addition, aparca&go will not be liable for any loss or damage that the User may suffer as a result of the information provided directly by the Parking Owner in relation to any increase, change or modification on rates, opening and closing schedules and any other restrictions affecting the use of the parking places property of the Parking Owners.

 

 

6.4.         Under no circumstances aparca&go shall be liable for fines, penalty notices of any kind arising from the failure by the User to comply with the Parking rules. Particularly, neither aparca&go nor the Parking Owners will incur in any liability resulting from incidents (theft, damage to property of the User or third parties, vehicle breakdowns or malfunctions) arising either within the parking, in the entrances to parking, around the parking and even in the way to parking whether or not arise or may arise from predictable situations or crimes incurred by the User or received by the User. The User shall be solely responsible for contacting with the competent authorities and to resolve any matter affecting their interest or property. In any case, the User acknowledges and agrees that aparca&go can be made available to the relevant authorities, all or part of User’s personal information, if it is legally required to do so.

 

  1.           Intellectual Property

 

7.1          Aparca&go is the rightful owner of all right, title and interest in and associated with the APP, its contents, and software including any modifications, updates and new versions as well as any trademark, trade name, know how, copyright and any other industrial and intellectual property rights inherent to the APP and its technology.

 

7.2          In addition, the rights of economic exploitation of the APP are the exclusive property of aparca &go.

 

 

  1.          Data Protection

 

8.1       The information related to the User and provided during registration with the APP, including User’s geolocation data to which aparca&go may access will be stored on the User’s device and on the servers owned by aparca&go. User’s personal information is used in order to manage and provide the services offered through the APP, as well as to design, implement improvements in the application and to make available the APP updates to the User.

 

8.2       The User guarantees that all personal data provided to aparca&go are true and accurate. In this regard, aparca&go will not be liable for any issues arising from the inaccuracy or falsity of the information provided by the Users. Notwithstanding, aparca&go reserves the right to make appropriate verifications by sending SMS, by making a phone call or any other alternative implemented by aparca&go in order to validate the accuracy of the information provided by the User.

 

8.3       The Users, when voluntarily provide their data, expressly consent the processing by aparca&go and by its service providers and collaborators (IT sector) whose intervention is necessary  for the correct management of the services offered in our APP and for the compliance with the above mentioned purposes. Additionally, the User expressly consents the assignment of his/her personal data, specifically: name and surname and vehicle’s license plate number to the corresponding Owner of the Parking you have chosen in your booking for the sole purpose of properly manage the service. Also, the User authorizes aparca&go to send commercial communications, newsletters and any notice regarding aparca&go products and services, including ancillary services (i.e. vehicle washing); products &services of third parties directly related to aparca&go (i.e. insurance and assistance services for travelers) as well as any news and promotions of aparca&go by any means including electronic media (email, SMS, directly in our APPS).

 

 

 

8.4       The User acknowledges and agrees that aparca&go may implement the necessary technical tools to perform analysis on the use that Users make of the APP, solely for statistical purposes.

 

8.5       Aparca&go, its third party collaborators as well as  online payment providers have implemented and maintain physical, electronic and procedural security measures in compliance with the applicable laws and regulations. To help safeguard the personal information that the Platform collects about Users, aparca&go meets the requirements provided by the Spanish Law 15/1999, of December 13, on Protection of Personal Data (LOPD) and the Royal Decree 1720/2007, of December 21, which provides the regulatory standards and security measures applicable to the processing of personal information.  Additionally, aparca&go have internal policies governing the proper handling of users information, which is carried out only by aparca&go authorized personnel. Furthermore, thirdparties that might provide support, management, maintenance and/or  marketing services on behalf of aparca&gomay also receive personal information about Users, and in order to do so aparca&go require them to adhere to appropriate security standards with respect to such information as well as to comply, if that is the case, with the applicable local data protection laws and regulations to which such third parties are subject.

 

8.6       Users may exercise their rights of access, rectification, cancelation, opposition with respect to the processing of their personal information and even opt-out from our electronic commercial communication services  by written request to the following email address: info@aparcandgo.com.  In addition, the User may contact aparca&go by using the contact channels indicated in the section “CONTACT” of the Terms and Conditions of Use herein.

 

  1.             GOVERNING LAW AND JURISDICTION

 

9.1       Interpretation and application of these Terms and Conditions of Use shall be governed by the Spanish Law. For the resolution of any dispute that may arise regarding the content and enforcement of the Terms and Conditions as well as of the License of Use provided herein, the parties submit to the jurisdiction of the Courts of Barcelona. However, in case of the Spanish or Regional Legislation for the Protection of Consumers and Users provide for the possibility that the User choose jurisdiction based on the place of residence, the parties shall proceed in accordance with the provisions of that Law.

 

  1.              CONTACT

 

If you would like to contact us in respect to of any element  of the Terms and Conditions of Use herein or if you have any question or comments on it, please contact us directly to the following email address info@aparcandgo.com or by sending your written request to our office address:

 

Aparca&Go S.L

Ctra. Antigua de Valencia, km 4,3

08830 Sant Boi de Llobregat

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