Terms and conditions of use
Aparca&go is a company that offers services for travellers related to cars (parking, washing, mechanical repair, ITV - vehicle inspection or MoT in its English acronym, etc.).
Aparca&go is not responsible for any removable accessories that are inside the vehicle, if their existence has not been communicated to our staff at the time of receipt of the vehicle, their existence and operation verified by our staff and noted in the contract before its acceptance by the customer.
Aparca&go may establish different or complementary prices for the storage and surveillance of the effects whose custody it accepts.
In the event that the Service involves handing over the keys to aparca&go staff, the
company reserves the right to move the vehicle if organisational reasons so require.
In the event that the vehicle is damaged during the custody thereof, the customer must notify the aparca&go employees of the existence of such damage at the time the vehicle is collected and said complaint must then be registered in the corresponding record. In the case no communication is made before leaving the aparca&go facilities, it will be understood as tacit agreement on the part of the customer that the state of the vehicle is perfectly acceptable and will imply the exoneration of any responsibility on the part of aparca&go with respect to any damage that may later be alleged by customer. In the event that the damage is due to burglary or robbery, it will be necessary to file the corresponding complaint with the competent law enforcement agencies.
PARKING SERVICE: Aparca&go offers its customers a transfer from the car park to the airport terminal or train station and vice versa (Express service), 24 hours a day/365 days a year; or, alternatively, collection of the vehicle at the terminal itself and vice versa (Premium service). For this, it has at its disposal:
To provide the Express Service: a long-stay car park next to the Airport. The customer parks at the Company’s facilities and is immediately transferred to the corresponding Terminal. Upon returning from the trip, the customer is picked up at the Terminal and taken to the car park to pick up the vehicle.
Premium service: collection and subsequent return of the vehicle at the terminal itself. This service is staffed by the Company personnel who pick up the vehicle and proceed to return it at the door of the corresponding Terminal.
Train Station: long-stay parking, next to the train station. Long-stay parking is also offered for cruise ship travellers from the port of Barcelona from June to September.
MECHANICAL REPAIR SERVICE: Aparca&go offers car repair and maintenance services while the customer is travelling. Aparca&go will transfer the customer to the airport and pick them up (express service) or collect the vehicle and return it to them (premium service), taking the vehicle to one of the garages associated with Aparca&go to carry out the entrusted service. By accepting these terms and conditions, the customer authorises Aparca&go to drive the vehicle on the road to move it to said workshops. Depending on the type of service or amount contracted, parking days will be generated at no cost with the customer being properly informed of such days at the time of booking. For the days of parking that are not free of charge, the current rates of the Aparca&go parking service for the first and subsequent days will be applied.
1. Ownership and purpose of the Online Platform
1.1 The website www.aparcandgo.com (hereinafter the “Website” or “platform”) is a computer platform owned by Aparca & Go S.L. (hereinafter “The Company” or “aparca&go”), a company which is legally constituted under Spanish legislation with its address at Ctra. Antigua de Valencia, km 4,3 08830 Sant Boi de Llobregat, Tax ID (CIF) B-64932858 and registered in the Barcelona Mercantile Register in volume 40,706, folio 180, and page number B372311.
1.2 Our website has been designed in order to offer our users detailed information about our services and our applications. Through aparca&go the customer will be able to locate, reserve and access our services and, likewise, manage their user account, the services requested, their reservations and their billing through the online platform.
2.1 Platform: consists of the website www.aparcandgo.com including certain non-public areas accessible only to authorised users.
2.2 Contents: refers to all the elements that make up the website, including but not limited to; texts, images, software, videos, designs and any of their modifications.
2.3 Agencies: refers to travel agencies that use aparca&go services as an added value to their service menu and, by virtue of this collaboration, access our Platform as users. Unless expressly stated otherwise, those provisions of these Terms and Conditions applicable to end users will also be applicable to these Agencies.
2.4 Users/User: is the end user of aparca&go services who access(es) the aparca&go platform and/or applications as a registered user in order to personally manage the requested services, their reservations and their billing. Anyone for whom an Agency (in the terms of Point 2.3 of this section) has reserved the parking services in any of the modes offered will also receive this qualification as an end-user of aparca&go services.
2.5. Workshop. An establishment authorised to provide vehicle repair and maintenance services associated with Aparca&go.
3. Acceptance of the Terms and Conditions
3.1. Access to and use of our Platform as well as the information, services and content are subject to the applicable legislation and regulations as well as the provisions established in these Terms and Conditions of Use.
3.3. Aparca&go reserves the right to modify the terms and conditions of Use of the Platform without specific notification to the User. It is, therefore, important that the User consult the Terms and Conditions of Use regularly.
4. Web User Registration
4.1. The aparca&go online platform is intended for users of legal age. By registering on our website, the User guarantees that they comply with this requirement.
4.2. User: In order to use the services of our platform, it is necessary for the customer to register as a User by providing their personal data (name and surname of the driver, telephone, email and vehicle registration or brand and model), as well as the means of payment. In the case of Car Service (Mechanical Repair Service), it will also be necessary to include tax billing information.
Agencies: In the case of Agencies, we will need to fill out a registration form with specific information about the group the Agency belongs to and its contact information.
For all users/agencies it will be necessary to create a username and password for access.
4.3. The User acknowledges and accepts that aparca&go may use their access credentials for the sole purpose of validating the identification and authentication processes on our Platform. Therefore, it is the User and aparca&go who is responsible for correctly using and protecting their access password. The User must notify aparca&go of any incident or unauthorised use that could affect their user account.
4.4. The User acknowledges and accepts that aparca&go may suspend or cancel their access to our Website, with or without prior notification, in the event it is reasonably suspected that, in the opinion of aparca&go, the services and functionalities of our Platform have been used improperly by the User and, likewise, when there is a breach of any of the provisions contained in these Terms and Conditions of Use.
5. Use of Web Services
5.1. Through our Online Platform, you can manage the reservations you make for our services. Both the services requested, such as reservations and billing will be available by accessing the private User area on the Platform.
5.2. In the case of End Users, it is possible to make reservations without registering on the Platform. However, it will be essential that you provide us with the name and surname of the driver of the vehicle, vehicle registration or make and model, telephone and email. All reservations made through any means established by aparca&go are free. Reservations will be held for up to 3 additional hours from the entry time communicated by the user at the time of booking. In the event that the User for any reason does not access the parking within the limits set by aparca&go, the User will lose all right to access the service without responsibility on the part of aparca&go.
For Parking: Given that Aparca&go does not offer a rotating parking service, but rather a medium and long-term parking service, the parking rate with reservation of a space will be calculated for periods of 24 hours and/or a fraction, counting from the date and time of access to the car park, until the vehicle leaves the car park, with a courtesy time of 60 minutes being established after the last period of 24 hours. Reservations are not accepted for stays of less than 24 hours. Reservations are likewise not accepted for stays of vehicles entering on Friday after 6 pm and leaving before Monday at 1 pm. The minimum amount of payment will be the amount corresponding to the minimum stay according to the conditions of the product/parking/airport, and the time of stay will be counted by full days (24 hours) and/or fraction. The parking fee amount with parking space reservation and courtesy times will be established in each of the aparca&go car parks. Aparca&go will expressly inform the User that billing will be performed by the minute. For this purpose, the User authorises 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. In no case will aparca&go reimburse the amounts actually paid by the User for the use of the parking services.
For Mechanical Repair Service: Aparca&go provides users with a detailed and fixed quotation for the repair and/or maintenance of their car, which must be expressly accepted by the customer at the end of the reservation process, with the resulting document having the value of an order form. At the time of delivery of the vehicle, the customer will receive a receipt for deposit of the vehicle.
The user agrees that the information provided in the quotation request presents an objective and truthful picture of reality. The quotations provided will be binding on Aparca&go, unless the information provided by the customer does not correspond to reality, the customer has not provided full information, or there are unforeseen exceptional circumstances. In this case, Aparca&go may modify the quotation according to the reality of the work to be carried out, immediately communicating this to the customer by email, who must accept the modification to continue with the order. In case of non-acceptance, the vehicle will not be repaired, and no amount will be charged to the customer. However, cancellation of the order without just cause may cause penalties that will be charged to the customer, in addition to the services provided up to that time.
Aparca&go will use original or equivalent quality spare parts from the largest European manufacturers in its servicing/repairs, always with the proper approval.
If, during the provision of the service, hidden faults or defects appear in the vehicle, the user will be informed of this, the amount the repair will entail, and if it affects the delivery time. Aparca&go will be able to carry out the repair of those faults not included in the initial quotation, only if the customer agrees.
All repairs have a 2-year warranty on the service performed from the date the vehicle is picked up, and with a maximum limit of 10,000 km.
The warranty is comprehensive, including labour and replaced parts. Third-party tampering with guaranteed parts may invalidate the warranty. If the vehicle is damaged, the user must contact Aparca&go in order to fulfil the requirements of the guarantee directly or through third parties. For these purposes, notification will be carried out by any means that enables proof of receipt thereof.
This WARRANTY does not cover:
• Expenses arising from normal wear and tear due to use or negligence on the part of the driver.
• Any direct or indirect consequences of the vehicle’s immobilisation (including, any damages suffered by the goods carried inside the vehicle)
• Incorrect use or wear of the tyres.
In the event that it is necessary for the proper functioning of the vehicle to carry out other auxiliary actions directly linked to the contracted repair, the customer will be informed in advance and if they decide not to have them carried out, it will be under their strict responsibility.
In the event that an agreement is not reached between the parties, an expert will be consulted to make the final assessment on the repair, which will be binding on the parties. In addition, the review must be carried out in the workshop responsible for the repair and, if possible, with both parties present. In no case must the vehicle have been inspected/repaired by third parties, in which case, any guarantee will be excluded.
Together with the above, the legal guarantee of the replaced parts is added, which, in this case is much broader and protected under the Consumer Goods Guarantees Act (Royal Legislative Decree 1/2007) which indicates that the duration thereof will run for 2 years or 50,000 kilometres in the following cases:
• When there is a lack of conformity of the part. In other words, if the part has a manufacturing defect or there is a difference between what is offered and what is advertised, either due to its type, characteristics, conditions, utility or purpose, it will be deemed to constitute a guaranteed part.
• The warranty period will be understood to date from the delivery of the vehicle, and will be valid as long as it is not manipulated or repaired by third parties.
Payment in advance, if agreed, according to Article 211-7 of the Codi de Consum de Catalunya (Civil Code of Catalonia), does not imply the consumer’s agreement with the suitability of the provision, nor does it imply any waiver of their rights.
Under the provisions of Article 121-3 of the Codi Civil de Catalunya, both parties agree to extend the statute of limitations to 5 years in order to file a claim for payments in relation to the established relationship.
Delivery times. At Aparca&go, we offer a vehicle delivery time which coincides with the return from the trip*. The service will only be available for stays longer than 48 hours.
*Delivery subject to variations depending on the availability of spare parts and our associated workshops. In the event of not being able to deliver the vehicle upon return of the customer, the customer will be notified by email, the service will not be provided and no amount will be charged.
Aparca&go may retain possession of the vehicle that is the object of the order as a guarantee for the payment of the estimated repair, in accordance with Article 569-10 of the Codi Civil de Catalunya.
The customer is informed that without the need for a new requirement, in accordance with Article 106 of Royal Legislative Decree 6/2015 of 30 October, the Traffic, Circulation of Motor Vehicles and Road Safety Act, if within a maximum period of two months from the planned date of removal of the vehicle, it has not taken place, Aparca&go may request the processing of the vehicle as waste by the Provincial Traffic Headquarters at the customer’s expense.
5.4. The subscription rate categories to aparca&go services, including additional services, the points programme, payment methods and billing information will be shown in a timely manner during the reservation of the services made by the User from the application, however, aparca&go may send the user notifications associated with the contracted service or possible additional services that may be of interest to them. Without prejudice to the amounts that the User must pay aparca&go for the use of the services, the User will be responsible for assuming all the charges associated with the use of their mobile device. The User acknowledges and accepts that some promotional services offered by aparca&go may be subject to expiration and other possible restrictions that may not be directly controlled by aparca&go, with which, aparca&go will transfer to the User all the information related to such additional services and/or promotions. In this sense, aparca&go will not be responsible for any incident, inability to enforce promotional benefits or any other circumstance that prevents the User from enjoying said benefits.
5.5. Failure to pay aparca&go the rates corresponding to the services used will have as a consequence, at the discretion of aparca&go, the suspension or cancellation of the user account, with aparca&go being empowered to contract the services of a third party in order to recover the payment of any amounts owed. In this sense, the User agrees to reimburse aparca&go for all the expenses and costs derived from any claim for the amount owed, including fees for lawyers, attorneys and fees for officers of the Courts and Tribunals.
6. Liability Exclusions
6.1. Due to the unpredictable situations that characterise technological environments and the internet, aparca&go reserves the right to temporarily suspend the services on the Platform, either for technical reasons, for security reasons or for maintenance. The suspension of services does not confer any right of compensation on the User, although aparca&go will use its best efforts to limit, as far as possible, any suspension or interruption of services. Likewise, aparca&go reserves the right to implement and make changes and/or updates to the Website at any time, with or without prior notification. In any case, the User acknowledges and accepts that aparca&go may carry out certain actions to prevent the User from accessing the Platform at certain times for limited periods. In this sense, the User accepts that aparca&go will not be responsible, as a result of said actions, for the elimination or failure to make certain services or functionalities of the online platform available.
6.2. Aparca&go does not represent or guarantee certain results will be obtained after using the Platform's services. Consequently, under no circumstances will aparca&go, its representatives, directors, employees be liable for any incidental, fortuitous, special or consequential damages, including but not limited to any loss of profits, data or business opportunities, software errors, whether or not they are foreseeable and that result in, or have a direct or indirect connection with the use of the Platform.
6.3. Aparca&go is not responsible for any loss or damage that the User may suffer as a result of improper use of the Platform or if the User breaches the Terms and Conditions of the Web or with the instructions that aparca&go has provided to the user through any channel of communication arranged for this purpose.
6.4. Under no circumstances will Aparca&go be liable for fines, penalty notices of any kind derived from non-observance by the User of the regulations of aparca&go. Especially, aparca&go will not incur any type of responsibility as a result of incidents (theft, damage to its own or others’ property, faults or damage to vehicles, etc.) whether they take place within its facilities, at the entrances and/or derive or may derive from crimes the User commits or suffers. The User will be solely responsible for contacting the competent authorities and resolving any question that affects their interests or property. In any case, the User acknowledges and accepts that aparca&go may make all or part of their personal information available to the relevant authorities, if this is legally required.
7. Intellectual property
7.1 Aparca&go is the legitimate owner of all the rights, titles and interests of and associated with the Online Platform, its contents and computer applications, where appropriate, including any modification, update and new versions as well as any brand, commercial name, know how, copyright and any other inherent industrial or intellectual property rights.
8.2 The information related to the User and provided during registration on our Online Platform, including the geolocation data that aparca&go can access, will be stored on the User’s device and on a server owned by aparca&go. Said personal information is used by aparca&go to manage the services offered through the Platform, and to design and implement improvements. Aparca&go recognises that the legislation on personal data protection establishes a series of obligations regarding the processing of personal data, prominent among which is a prohibition on transferring personal data without the corresponding authorisation from the owner of the personal data concerned. To this end, Aparca&Go:
a) Will only access the personal data of customers if such access is necessary to fulfil the services that are the object of the contract.
b) Agrees to:
- Use the personal data to which it has access solely and exclusively to comply with its contractual obligations to the CUSTOMER.
- Observe and adopt whatever security measures are necessary to ensure the confidentiality, secrecy and integrity of the personal data to which it has access, as well as to adopt in the future any security measures required by the laws and regulations intended to preserve the secrecy, confidentiality and integrity of the automated processing of personal data.
- Not, under any circumstances, to transfer to third parties the personal data to which it has access, not even for the purposes of its conservation, except for those expressly authorised by the customer.
The obligations established for Aparca&Go will also be mandatory for its potential employees, partners, both external and internal, and subcontractors, so that Aparca&Go will respond to the CUSTOMER if such obligations are breached by such employees, partners and subcontractors.
The duration of the confidentiality obligations established in this contract will be indefinite, remaining in force after the termination, for any reason, of the relationship between Aparca&Go and the CUSTOMER.
Aparca&go informs you that your personal data will be recorded in the processing activities of Aparca&go in order to be able to provide you with our services, and send you information and publicity about aparca&go offers or promotions and/or those of partners related to the automotive sector. For security reasons, all the information the user provides aparca&go when ordering a service is stored in our database. Likewise, you have the rights of access, rectification, cancellation and opposition regarding your personal data. These rights may be exercised by communicating directly with us at the email firstname.lastname@example.org.
Screens where credit card details are entered are fully secure and subject to all protection regulations. The SSL encryption system that we use confers total security on the transmission of data through the network. The confidentiality of your data is guaranteed and protected. This information will not be retained or archived by Aparca&go.
9. Applicable Law and Jurisdiction
9.1 The interpretation and application of the terms and conditions of use of the Platform will be governed by Spanish Legislation. For the resolution of any discrepancy that may arise in the interpretation and/or execution of the Terms and Conditions of Use provided herein, the parties submit to the jurisdiction and competence of the Courts of Barcelona. However, in the event that Spanish or Autonomous Legislation on the Protection of Consumers and Users establishes the possibility for the User to choose the jurisdiction corresponding to their place of residence, it will proceed in accordance with the provisions of said regulations.
For any question related to the services of our Online Platform and the Terms and Conditions that regulate it, you can contact us directly on email@example.com and by written request addressed to our offices:
Ctra. Antigua de Valencia, km 4,3
08830 Sant Boi de Llobregat