General Terms & Conditions
1. Definitions and scope of application
The Internet site www.myflexipark.be and the related web applications are a platform operated by the public company MyflexiPark SA, Rue Fétis 30 in 1040 Brussels [Belgium], under the commercial name “MyflexiPark”.
The object of the platform is to put natural person or legal entity who wish to rent out one of more of their own parking space(s) available in contact with natural or legal persons who are looking for one or more parking space(s).
These General Terms and Conditions shall govern the relations between MyflexiPark SA, operating under the commercial name “MyflexiPark”, registered under the company number BE 0663.854.043, and Onix International for the Canadian territory and users elsewhere.
“The User” is any natural or legal person who is using the MyflexiPark platform.
“The Owner”, is the User, natural or legal persons, who uses MyflexiPark to rent out one or more parking spaces on private grounds at his disposal, on an occasional basis.
“The Tenant”, is the User, natural or legal persons, who uses MyflexiPark to search and reserve one or more parking spaces for their own use.
These General Terms and Conditions are posted on the website www.myflexipark.be and on the related mobile applications.
MyflexiPark reserves the right to amend these General Terms and Conditions at any time, without prior notice. Such amendments shall apply to all future service orders.
When registering on the platform or the application as well as each booking, the User confirms that he has read and accepted the current General Terms and Conditions, by validating the box marked “I accept the General Terms & Conditions”.
To be able to use the platform, Users must be of full age and have legal capacity.
Before being able to book a parking space or make a parking space available to Tenants, Users must register by creating a personal account either in the part of the site intended for Owners or either in the part intended for the Tenants.
Registration is free of charge, and can be done by filling out an online form.
When registering, Users must give a valid e-mail address, which will be used as an identifier, along with a personal password.
These data are confidential and only intended for personal use.
Users have sole responsibility for the use made of their identifier and password.
The User guarantees that the information provided at the time of registration is accurate and complete, and also guarantees that he is full of age and has legal capacity.
The User commits himself to inform MyflexiPark of any change in the information provided.
MyflexiPark reserves the right to suspend or delete a User’s account if the data provided by the User is manifestly false or if the User makes use of his account inconsistent with these General Terms and Conditions, to any house rules for the parking space(s) or fails to behave with due care and attention.
4. Terms of service
The MyflexiPark service is reserved for users whose registration has been validated.
The user commits himself to respect the General Terms and Conditions, any house rules applicable at the car park space(s) made available and ensure their complaince.
5. Description of Parking Rental Service
The service by which the Owners of a parking space, located entirely on a private grounds, are put in contact with the Tenants who are looking for a parking space via the website www.myflexipark.be. The Owners can offer this parking space for rent on the basis of an ad, in which they give an accurate description of their parking space. MyflexiPark cannot be held responsible for the description of the parking space established by the owners.
In exchange for posting an ad on the MyflexiPark site of the private parking space that the owner wishes to rent out, MyflexiPark collects a commission on each transaction on the price charged by the owner of the parking space offered for rental on the website. MyflexiPark therefore collects a fee, all expenses included, to be deducted from the rental price proposed by the owner of the car park.
The owner is solely responsible for the payment of all direct or indirect taxes, present or future, principal or ancillary, interest, fines, royalties and other, whatever the qualification, related to the provision of parking spaces and all related services offered by MyflexiPark to the public (third parties).
The owner is also solely responsible for all expenses (police report, fine, etc.) incurred by a tenant, if the latter has scrupulously followed the instructions given in the ad and nevertheless incurs expenses as all or part of the parking space on the public road and is therefore not a private property.
The tenant looking for a parking space can access the website www.myflexipark.be or via the MyflexiPark application to rent a parking space. To rent, a form available on the MyflexiPark website or on the app must be completed.
After the Tenant has chosen a parking space and made a reservation on the website, a summary page will automatically appear on the website (or app) with references and essential characteristics (address, date, duration, price) of the booking made. The tenant must check if the information in the overview is correct.
Payment is made online using your bank card (Visa, MasterCard, ...) or debit card (Bancontact, Mister Cash, ...); either immediately upon booking, or within 24 hours after acceptance of your reservation by the owner. To keep the process as simple as possible, when booking, your card will be registered with our operator Stripe. They also guarantee the security of your data and comply with the latest standards set by the payment card industry (PCI DSS).
No order will be taken into account if it is not immediately followed by a secure payment with the corresponding debit or credit card. MyflexiPark cancels all bookings if authorized establishments refuse payment by credit card or if payment is not made. At the end of each month, the amount is deposited into the owner’s account.
There are two types of parking space reservations: “direct or immediate” and “indirect or delayed” reservations:
- With a "direct" reservation, which does not require the Owner’s prior agreement. The booking is validated upon online payment by the Tenant. Once the payment has been made, a confirmation email is automatically sent to the Tenant. However, MyflexiPark reserves the right to cancel the reservation in case of refusal of payment authorization by the competent banking body.
- An "indirect" reservation, which does require the prior consent of the Owner. Once the latter has given his agreement on the reservation, a confirmation email is sent automatically to the Tenant to invite him to pay, which will definitely validate his reservation. The reservation will not be taken into account if the payment has not been made within 24 hours of the confirmation of the reservation or in case of refusal of payment authorization by the competent banking body.
Rent will only be charged to the Tenant’s account once the Tenant has made the payment online by himself. If, after confirmation by the owner, payment is not made within 24 hours, the reservation will be cancelled.
The Tenant who made a reservation on the website or on the application can view the content of his reservation by logging into his account and clicking on «My reservations».
The Tenant will only be able to park his vehicle on the parking lot at the times agreed upon at the time of booking. In case of non-compliance with these schedules and after receipt of a written complaint from the owner within 30 days of the event giving rise to the complaint, in accordance with article 7 of these General Terms and Conditions, MyflexiPark will automatically debit the Tenant’s bank account or any other means of payment used during the reservation without formal notice to compensate the owner for the excess parking time (parking fee plus 20%) as well as any costs of evacuation of the vehicle and also to cover administrative costs to pay the «misuse» of the parking (50 € + 0,50 € / km between the head office of MyflexiPark and the parking).
In case of need and depending on the type of parking, the Tenant receives means of access (key, badge, etc.) to access it. This remains the exclusive property of the owner of the car park.
The renter is responsible for the use that third parties could make of this means of access. In case of loss, theft or deterioration of these means of access, a written declaration must be sent immediately to MyflexiPark. In case of loss of this tool by the Tenant and after written complaint of the owner, a sum of 50 € will be taken from the Tenant’s bank account to compensate the owner of the parking.
At the end of the rental, the Tenant must return these means of access to the owner, in accordance with the conditions of the ad. If the device is not returned and after being notified by the owner, MyflexiPark reserves the right to refuse the Tenant access to the site, permanently or not.
The tenant agrees to exercise caution throughout the duration of the rental (cleanliness, noise, etc.).
Once made available via the MyflexiPark website, the car park can not be transferred or sublet (unless the owner agrees orally or in writing).
The tenant agrees to respect the house rules of the booked parking, if applicable, and these General Terms and Conditions. MyflexiPark cannot be held responsible for any breaches of the regulations by the Tenant.
6. Cancellation of a booking
Any request to cancel a booking confirmed by a Tenant must be requested 12 hours before the start of the booking. Only in this case paid parking fees will be fully reimbursed.
Any cancellation due to the Tenant less than 12 hours before the reservation or even after the beginning of the reservation will not be refunded and the parking fee paid, less the MyflexiPark commission, will be fully paid to the owner of the parking.
Any cancellation by the owner before the beginning of the reservation will be fully refunded to the Tenant.
MyflexiPark set up a User assessment system to facilitate mutual assessment.
This assessment system will enable Users to make and accept bookings knowingly.
To ensure that Users maintain a good attitude when using its website, MyflexiPark reserves the right to moderate the content posted on the site www.myflexipark.be.
Any User who notes that another User is not using the website with due care and attention or does not respect these General Terms and Conditions or any rules of internal order applicable to parking spaces, can inform MyflexiPark by mail or by using the tab “Contact” on the website at www.myflexipark.be, to enable MyflexiPark to take any necessary measures.
Any complaint from Users relating to the MyflexiPark platform, its operation or its use must be expressed in writing within 30 days of the occurrence of the event giving rise to the complaint. Otherwise the complaint will not be taken into account.
8. Payment services on mobile applications
9. Responsibility of MyflexiPark and its "Owner" partners
Users acknowledge and accept that all obligations for which MyflexiPark is a debtor are exclusively means and that MyflexiPark is only responsible for its own wrongdoing.
In the hypothesis where the user demonstrates the existence of a serious or fraudulent fault in the head of MyflexiPark, the damage for which the user may claim compensation only includes material damage resulting directly from the fault attributed to MyflexiPark to the exclusion of any other damage and may not, in any event, exceed 75% (excluding taxes) the amount actually paid by the user in execution of the order.
The user also acknowledges that MyflexiPark and its "Owner" partners are not responsible for any direct or indirect damages caused by the services provided, such as material or moral damages to persons or property resulting from thefts, accidents or damage of any kind occasioned on occasion or by the use of a parking space.
MyflexiPark and its "Owner" partners may not be held liable to third parties in the event of users' failure to comply with the internal rules of the parking spaces, as well as in the event of any other misconduct on their part.
Equally, MyflexiPark cannot be held liable in the event of fraudulent use of a user’s account by a third party, or in the event of erroneous communication of data by the user, such as for example the communication of an incorrect address by a Tenant, or providing false photographs and descriptions of a parking space by an owner.
Finally, the responsibility of MyflexiPark cannot be incurred due to the occurrence of a technical malfunction on the site www.myflexipark.be such as to hinder access to users and MyflexiPark reserves the right to suspend access to the site in order to maintain or for any other reason it considers appropriate, without this suspension could not lead to the questioning of his responsibility.
10. Force majeure
MyflexiPark cannot be held liable, either contractually or extra-contractually, in the event of the temporary or definitive failure to perform its obligations where such failure is the result of a case of force majeure or fortuity. The following events will be considered as force majeure or as fortuity :
- the partial or total loss or destruction of the IT system or database used by MyflexiPark where the incident cannot reasonably be imputed directly to MyflexiPark and there is no evidence to suggest that MyflexiPark omitted to take reasonable steps to prevent the incident occurring,
- acts of war or terrorism,
- strike action, whether or not the strike has been called officially,
- insurgencies and rioting,
- a failure in the energy supply (such as electricity),
- a failure of the internet network or data storage system,
- a failure in the telecommunications network,
- loss of connection to the Internet network or telecommunications network on which MyflexiPark depends,
- an act or decision on the part of a third party where this affects the proper performance of the present contract,
- any other cause beyond the reasonable control of MyflexiPark.
11. Intellectual property
The information, logos, drawings, brand names, models, slogans, corporate identity details, etc., accessible through the website www.myflexipark.be or the related web applications (IOS, Android, etc.), are the property of MyflexiPark and are protected by intellectual property law.
Unless in advance specifically agreed otherwise, Users are not authorised to modify, reproduce, rent out, lend, sell, distribute or create spin-offs based partially or wholly on the elements present on the website www.myflexipark.be or ralated mobile applications.
12. Processing of personal data
As part of the process of registering on the platform and making online reservations, the user must provide personal data such as his last name, first name, email address, telephone number and address. This data is used only for the platform management. They will only be transmitted to MyflexiPark partners if the user expressly agrees.
MyflexiPark treats the data collected in a confidential manner and in accordance with national and international provisions, including among others the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, amended by the law of 11 December 1998.
As regards the use of the website under license by Onix International on Canadian territory, the data collected in a confidential manner are collected in accordance with the provisions of Canadian law, on the protection of privacy and personal information.
The copy of his data will be communicated to him at the latest 45 days after receipt of his request.
The user can also modify or update the data concerning him, or request the deletion of his account and his information, via the tabs «Update my profile» and «Contact» of the site www.myflexipark.be.
13. Other dispositions
Should any disposition of these General Terms and Conditions be null, the remaining dispositions shall not be invalid as a result.
Any complaint concerning the services provided by MyflexiPark, and any contention regarding the validity, interpretation or performance of these General Terms and Conditions, shall be subject to Belgian law, and the competent courts shall be those of the legal district of Brussels [Belgium] exclusively (French language).