1.1 The following terms as used in these general conditions will have the following meanings:
- ‘ParkNow’ is ParkNow Switzerland Ltd, the provider of the Service;
- ‘User’ is a private or business client using the ParkNow Service;
- the ‘Service’ consists of a payment system for street parking in registered cities or at registered parking locations that facilitates registration and payment by the User of the parking time as collected by ParkNow on behalf of the municipality or the relevant owners or operators of the parking locations, as explained in further detail in these General Conditions and on the ParkNow website (park-now.com);
- the ‘Other Services’ consist of any other service that can be paid for using ParkNow. The working method of the Other Services will be added to these general conditions;
- ‘Transaction‘ is the User’s use of the Service;
- ‘Agreement’ is the agreement between the User and ParkNow. These general conditions form part of the Agreement.
2. General Provisions
2.1 These general conditions can be found on, and downloaded as a PDF file from, the ParkNow website. ParkNow reserves the right to amend these general conditions from time to time and without notice. Any such amendment will at all times be communicated on the ParkNow website, where the amended general conditions can also be consulted. If the User enters into an Agreement ‘per Transaction’ (see article 3.2), any Transaction shall be governed by the general conditions in force at the time of the completion of the said Transaction. If the User enters into an Agreement ‘per subscription’ (see article 3.2), the User shall be deemed to have approved any amendment or any new version the general conditions which will come into force during the term of the Agreement unless otherwise communicated within 30 days as from the communication of the amendment or the new version of the general conditions on the ParkNow website.
2.2 ParkNow will be entitled to make amendments to the setup, functionality or substance of the Service if that is in the interest of the provision of the Service or to promote ParkNow’s justified interest.
2.3 ParkNow will be entitled to assign all or part of its rights and obligations under the Agreement with the User, including the collection of arrears in payment, to a third party.
2.4 If any provision of these general conditions is void or voided, this will not affect the other provisions of these general conditions and ParkNow will offer a new provision to replace the void or voided provision, observing the objective and purport of the void or voided provision to the extent possible.
3. Use of the Service
3.1 Registration for the Service may be effected using the ParkNow App or online by filling in a digital form on the ParkNow website. Unless agreed otherwise, the User will pay a non-recurring registration fee per account. Multiple telephone numbers and/or vehicle registration numbers may be linked to an account.
3.2 The User may opt to enter into an Agreement with ParkNow: (i) ‘per Transaction’, under which the User pays transaction costs for each Transaction or (ii) ‘per subscription’, under which the User does not pay transaction costs for each Transaction but a fixed amount per month, or any other type of agreement based on the foregoing. A ‘per subscription’ Agreement will be entered into for an indefinite period of time, and the User will be entitled to terminate the Agreement subject to a notice period of one (1) calendar month.
3.3 To start of stop a Transaction, the User can choose from various options: using the ParkNow App, by text (SMS) message, by telephone, using the ParkNow (mobile) website or using the ParkNow Garage Token. Some of those options might not be offered for some parking locations. The working method of the Service and the steps that the User needs to go through to start or stop a Transaction are described in further detail on the ParkNow website. The User should take note of that before using the Service.
Underground Car Parks
3.4 To start a Transaction at a car park registered with ParkNow, the User has to have the ParkNow Garage Token at his disposal. This token can be ordered on park-now.com or according to the procedure set forth on the ParkNow website. In some car parks the User can enter and exit based on the vehicle registration number registered by the User with ParkNow and linked to the ParkNow Garage Token or using the ParkNow App.
3.5 The User is responsible for starting and stopping a Transaction. The User may use an alert service by way of a text (SMS) message, push notification or email to remind him of a current Transaction if so indicated on park-now.com. This alert service is activated upon registration in the default profile and can be changed using the ParkNow App or on park-now.com. If the User opts to receive alerts through push notifications, he agrees to receiving location related (parking) information and ParkNow (product) information.
3.6 Any additional costs or damage suffered by the User as a result of failure, or failure punctually, to start or stop a Transaction, are at the expense and risk of the User. The User will at all times have to wait for confirmation of the Transaction via the ParkNow system before assuming that the Transaction has started or stopped. The method of sending the confirmation will depend on the method of starting or stopping the Transaction selected by the User.
3.7 The rates, parking times and rules of the Transaction are determined by the municipalities or the relevant owners or operators of the parking locations. Such rates, times and rules are subject to change by adjustment of the municipal Parking Order or the general conditions of the relevant owners or operators of the parking locations. ParkNow is not responsible for the rates policy or enforcement of the rules of the relevant parking facilities. Moreover, the User cannot derive any entitlement to a parking space from the ParkNow Service. Any instructions given to the User by ParkNow, by municipal inspectors or otherwise are to be followed.
3.8 The working method of the Other Services can be found on the ParkNow website.
4. User Obligations
The User is responsible for:
- using the Service only in the ParkNow registered cities or at the ParkNow registered parking locations. The User can consult the list of participating cities and car parks on the ParkNow website;
- having number recognition activated on his mobile telephone when starting and stopping Transactions by telephone using the local telephone number;
- at all times selecting the correct vehicle registration number for the Transaction. The User can easily change, add or remove vehicle registration numbers on park-now.com or using the ParkNow App;
- at all times having downloaded and using the latest version of the ParkNow App
in the event that the User starts and stops using this ParkNow App. Any errors in using an old(er) version are at the expense and risk of the User;
- at all times entering the correct location code of the parking location where the User is parked when parking in the street. The User will find such location code on the ticket dispensers or on separate signs in the relevant parking location. The use of the GPS functionality in the ParkNow App is entirely at the expense and risk of the User;
- immediately stopping a Transaction in the event of a malfunction in the ParkNow systems or in third-party networks or in the event of force majeure on the part of the User (e.g. if the User’s mobile telephone is (temporarily) out of order) by calling +41 21 575 00 12. Upon receipt of the User’s report, ParkNow will try to stop the Transaction, without any responsibility, however, on the part of ParkNow in this respect. If the User is (temporarily) unable to use the User, he will have to pay the parking fee otherwise, for example by purchasing a ticket from the ticket dispenser;
- ensuring that the correct payment details have been left in park-now.com or the ParkNow App, so that the amounts due can be collected by ParkNow;
- at all times having a valid and working email address and immediately communicating any changes to his details (e.g. vehicle registration number, mobile telephone number or new credit card details) by adjusting them on park-now.com or, where possible, using the ParkNow App.
Any damage (including additional municipal levies) suffered by the User as a result of failure to comply with the responsibilities set forth in article 4.1 will be at the expense and risk of the User.
5. Rates and Payment
5.1 The costs of the Service (including the transaction costs, subscription costs, costs of alerts or administrative charges) can be found on the ParkNow website. In the event that the User uses his mobile telephone to start or stop a Transaction, the costs of calling the ParkNow (service) numbers will be payable by the User. ParkNow will at all times be entitled to adjust the costs of the Service. Any such change will at all times be stated on the ParkNow website and in the ParkNow App.
5.2 Upon entering into the Agreement, the User will grant ParkNow a direct debit mandate at the expense of his bank account or credit card or another method of payment will be agreed between the User and ParkNow.
5.3 The User will receive periodic invoices from ParkNow for the costs due by the User for the Service and the amounts to be collected in connection with the Transaction, without prejudice to ParkNow’s right to send interim invoices. The amounts due will be collected by way of direct debit to the bank account, or using such other payment method as the User and ParkNow may have agreed. Such invoice can also be consulted in the ParkNow App and on park-now.com.
5.4 The User will be under the obligation to ensure that the balance in the bank account (in case of direct debit payment or credit card stated by him is sufficient and that his bank account is not subject to any direct debit blocks (in case of direct debit payment). In the event that the amounts due cannot be debited using the payment method stated, ParkNow will be entitled to charge additional administrative charges to the User.
5.5 If ParkNow cannot collect the amounts due or if the User fails to pay within the payment period stated in the invoice, the User will be in default without any further notice of default being required, and ParkNow will be entitled to block the account and to collect, or cause the collection of, the amounts due. After the amounts due have still been received by ParkNow, the account will be unblocked again.
5.6 As from the date that the User becomes in default, ParkNow will be entitled to charge the User for the statutory interest on the amounts due by the User and the reasonable extrajudicial costs of collection. In such event such statutory interest and extrajudicial costs reasonably incurred, subject to a minimum of CHF 40 will be due by the User to ParkNow.
6.1 ParkNow’s liability will be limited to damage suffered by the User as a result of a malfunction in the ParkNow system for which ParkNow is responsible (such as a parking fine) up to a maximum of CHF 50 per event, subject to a maximum of CHF 200 per year, on the condition that the User demonstrates such damage and has taken all reasonable measures to mitigate it.
6.2 Notwithstanding the foregoing, any liability on the part of ParkNow for loss of profits, business opportunities or anticipated savings, indirect or consequential damage, damage to tangible property will at all times be excluded.
6.3 ParkNow disclaims any liability for damage as a result of malfunctioning or improper functioning of the User’s mobile telephone, the mobile (telephone) network or any other (mobile internet) network or equipment and services of third parties used by the User for purposes of the ParkNow Service.
6.4 If, for any reason whatsoever, the Service is (temporarily) unavailable, before a Transaction is started, ParkNow will not be liable for any damage suffered by the User as a result of the unavailability of the Service.
6.5 The User will indemnify ParkNow against any third-party claims for damages that such third parties may in any way whatsoever recover from ParkNow, to the extent that such claim is based on the use made of the Service by the User or by unauthorized third parties.
7. Termination of the Service
By the User
7.1 The User may at all times terminate the Agreement with ParkNow, inter alia by completing and sending in the form destined for such purpose on the ParkNow website. Termination will take effect on the last calendar day of the month in which ParkNow has received the User’s notice of termination.
7.2 If the User has opted for the ‘per subscription’ Agreement, as described in paragraph 3.2, the User will be entitled to withdraw from the Agreement with ParkNow with immediate effect (revocation right) within 14 days of formation of the Agreement by completing and sending in the Termination Form, which can be found on the ParkNow website.
7.3 Any costs relating to the User’s use of the Service (parking and transaction costs and proportional registration costs and administrative charges) until the termination date will not be refunded.
7.4 ParkNow will be entitled to terminate the Agreement with the User with immediate effect if the User fails to perform his obligations under the Agreement as included, inter alia, in these general conditions. ParkNow will have such right, inter alia, if the User fails, even after reminder, to pay the amounts due. ParkNow reserves the right to recover any damage suffered and to be suffered by ParkNow as a result of failure on the part of the User to perform his obligations under the Agreement, including any non-collected parking and transaction costs and subscription fees.
ParkNow collects and processes (personal) data of the User in accordance with the applicable laws and regulations, in particular the Federal Act on Data Protection (FADP). (Personal) data will include traffic data and location data. ParkNow collects and processes such (personal) data, and provides them to third parties if necessary, in a way, and for a purpose, as described in the most recent version of the ParkNow Privacy Statement.
9.Applicable Law and Dispute Resolution
These general conditions will be governed exclusively by the laws of Switzerland. Any disputes in connection with the Services or these general conditions will be submitted to the exclusive jurisdiction of the competent court in Bulle (FR).
In case of any discrepancies between the French version and any translation of the general conditions (notably the English or German version) which is made available to the User, in particular on the ParkNow website, the French version shall prevail.