General Terms & Conditions
1. Definitions and perimeter of application
The Internet site www.myflexipark.be and the related web aplications is a platform operated by the company MyflexiPark SA, of 30 Fetis street, 1040 Bruxel [Belgium], under the commercial name “MyflexiPark”.
The Internet site at www.myflexipark.be is operated throughout Canada by the company Onix International, under licence.
The object of the platform is to put natural or legal persons who wish to rent out one of more of their own parking spots in touch with natural or legal persons who are looking for one or more parking spots for their own use.
These General Terms and Conditions shall govern relations between MyflexiPark SA operating under the commercial name “MyflexiPark”, Onix International throughout Canada, and Users.
“Users” are any natural or legal persons who use the MyflexiPark platform.
“Owners”, who may be natural or legal persons, are Users who wish to rent out one or more of their own parking spots on an occasional basis.
“Drivers”, who may be natural or legal persons, are Users who use MyflexiPark to look for and book one or more parking spots for their own use.
These General Terms and Conditions shall be posted on the Internet site at www.myflexipark.be and on the related application.
MyflexiPark reserves the right to amend these General Terms and Conditions at any time, without notice. Such amendments shall apply to all orders for services placed subsequently.
When registering on the platform and the application and at each time a booking is made, the User shall confirm having read and accepted the General Terms and Conditions currently in force, by validating the box marked “I accept the General Terms & Conditions”.
To be able to use the platform, Users must be of adult age and have legal capacity.
Before being able to book a parking spot or make a parking spot available to Drivers, Users must register by creating a personal account in either the part of the site intended for Owners or the part intended for Drivers.
Registration is free of charge, and may be carried out via “Facebook Connect” or by filling in a form on-line.
When registering, Users must give a valid e-mail address, which will be used as an identifier, and a password.
This data is confidential and intended for personal use.
Users have sole responsibility for the use made of their identifier and password.
Users guarantee that the information provided at the time of registering is correct and complete, and also guarantee that they are adult and have legal capacity.
Users undertake to inform MyflexiPark of any change in the information provided.
MyflexiPark reserves the right to suspend or cancel a User’s account if the information communicated by the User is manifestly false, or if the User uses the account contrary to these General Terms and Conditions or to any house rules for the parking spot(s), or fails to behave with due care and attention.
3. Booking procedure
Once the Driver has selected a parking spot, he/she must fill in a form on-line to make the booking.
The Driver is then redirected to a summary page giving a photograph (if available) of the parking spot selected, its references, and essential booking information, such as the date booked, the duration of the booking, and the price.
It is up to the Driver to check the accuracy of this information before proceeding with payment.
MyflexiPark reserves the right to suspend or refuse a booking, particularly if the data communicated by the User proves to be manifestly false or incomplete.
Payment is made on-line, at the time of booking or within a maximum of 24 hours of the Owner’s acceptance of the booking, using a credit/debit card (Visa, MasterCard, Maestro,…).
When Owners put a parking spot on-line, they must provide a description, with photographs, indicate availability, and select a booking method.
Owners may choose between two booking methods for their parking spot(s):
- “Delayed” bookings, for which the Owner’s prior agreement is required. Once the Owner has agreed to the booking, an e-mail confirmation is sent to the Driver automatically, inviting him/her to pay, thereby validating the booking definitively. The booking will not be taken into account if payment is not made within 24 hours of the confirmation, or if the corresponding banking institution refuses to authorise the payment.
- “Direct” bookings, for which the Owner’s prior agreement is not required. The booking is validated as soon as the Driver pays on-line. Once the payment has been made, an e-mail confirmation is sent to the Driver automatically. MyflexiPark nevertheless reserves the right to cancel the booking if the corresponding banking institution refuses to authorise the payment.
A Driver who has made a booking using MyflexiPark may access the details of the booking by connecting to his/her Driver account on the Internet site at www.myflexipark.be or via the related application clicking on the “Dashboard” tab and then on “My Rents”.
4. Price and payment methods
The prices shown on the MyflexiPark Internet site are the prices asked by Owners for booking their parking spots; in Canada exclusively and in accordance with Canadian law, they include Goods and Services Tax (GST) and Quebec Sales Tax (QST).
MyflexiPark shall deduct a commission from these prices (after deducting GST and QST in Canada exclusively) at the time each booking is made, by way of remuneration for its services as an intermediary.
Depending on the geographical location of the transaction, prices are shown in euros, Canadian dollars or Swiss francs, including all taxes.
Payment is made at the time of booking, no later than 24 hours after the booking has been accepted by the Owner, in accordance with Article 3 of these General Terms and Conditions.
MyflexiPark shall pay the owners the amounts paid by the Drivers for their parking spot(s), after deducting local taxes (GST and QST in Canada) and 20% commission. Payment is made at the end of each month during which the parking spot is rented out.
5. Cancellation of a booking
In the event of a Driver or Owner cancelling a booking more than 24 hours before the start of the booking, MyflexiPark shall refund the amount of the booking to the Driver.
In the event of a Driver cancelling a booking less than 24 hours before the start of the booking, the amount of the rental will not be refunded. The Owner shall therefore receive the price of the rental, after deduction of the 20% commission paid to MyflexiPark.
In the event of an Owner cancelling a booking less than 24 hours before the start of the booking, the amount of the rental will be refunded to the Driver in full.
6. Using and renting a parking spot
Users undertake to behave with due care and attention and to abide by these General Terms and Conditions and any house rules that may apply to the parking spot(s). Should there be any conflict between these documents, the house rules shall take precedence.
Drivers undertake to only park in the parking spot booked through MyflexiPark for the amount of time agreed at the time of booking.
In the event of failure to abide by these times, and subject to receipt of a written complaint from the Owner within eight days of the incident giving rise to the complaint, in accordance with Article 7 of these General Terms and Conditions, MyflexiPark shall automatically and without prior notification debit the Driver’s bank account in order to compensate the Owner for the cost of removing the vehicle.
If necessary, depending on the type of parking spot, the Driver may be given a means of access such as a key or a remote control. This means of access shall remain the exclusive property of the Owner and must be returned at the end of the rental.
The Driver has sole responsibility for any use that may be made of such means of access by any third party. Loss, theft or damage to the means of access must be reported to MyflexiPark immediately in writing.
In the event of the Driver mislaying the means of access or failing to return it to the Owner, the Owner may send MyflexiPark a written complaint, in accordance with Article 7 of these General Terms and Conditions. In such cases, a flat-rate amount of 30 euros (50 Canadian dollars) shall be debited by MyflexiPark from the Driver’s bank account and paid to the Owner as compensation.
MyflexiPark also reserves the right to suspend or cancel the account of Drivers who fail to return or make abusive use of a means of access supplied to them, or whose use of the parking spot does not comply with these General Terms and Conditions or to any house rules that may be applicable, or whose behaviour lacks due care and attention.
Unless agreed in advance with the Owner, the rental of a parking spot may not be transferred or sub-let to another party.
MyflexiPark shall set up a User assessment system to facilitate mutual assessment.
This assessment system will enable Users to make informed decisions on making and accepting bookings.
To ensure that Users maintain a good attitude when using its Internet site, MyflexiPark reserves the right to moderate the content posted on the site at www.myflexipark.be.
Any User who notes that another User is not using the Internet site with due care and attention or is failing to abide by these General Terms and Conditions or any house rules applicable to parking spots may notify MyflexiPark by post or by using the “Contact” tab on the Internet site at www.myflexipark.be, so that MyflexiPark can take any steps that may be necessary.
Any complaints from Users in respect of the MyflexiPark platform, its functioning or its use must be expressed in writing within eight days of the occurrence of the incident giving rise to the complaint.
Otherwise the complaint will not be taken into account.
8. Liability on the part of MyflexiPark
Users acknowledge and accept that all the obligations incumbent on MyflexiPark are exclusively those of means, and that MyflexiPark can only be held liable in the event of deliberate or gross negligence on its part.
Should a User demonstrate the existence of deliberate or gross negligence on the part of MyflexiPark, the prejudice for which the User may claim compensation shall cover solely the material damage resulting directly from the negligence imputed to MyflexiPark, to the exclusion of any other damage, and may not under any circumstances exceed 75% (excluding taxes) of the amount actually paid by the User in performance of the service ordered.
The User also acknowledges that MyflexiPark shall not be liable for any direct or indirect damage caused by the services provided, including material or moral damage suffered by persons or property as a result of theft, accident or damage of any kind caused on the occasion or by reason of the use of a parking spot.
MyflexiPark may not be held liable in respect of third parties in event of failure on the part of Users to abide by house rules applicable to parking spots, or in the event of any misconduct on their part.
Nor may MyflexiPark be held liable in the event of the fraudulent use of a User’s account by a third party, or in the event of the communication of erroneous data by the User, such as for example a Driver supplying an erroneous address, or an Owner communicating false photographs or false descriptions of a parking spot.
Lastly, MyflexiPark may not be held liable should any technical dysfunction occur on the Internet site at www.myflexipark.be such as to prevent Users accessing the site; MyflexiPark also reserves the right to suspend access to the site in order to carry out maintenance or for any other reason it may deem necessary, without such suspension giving any entitlement to claim against its liability.
9. 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 is fortuitous. Cases of force majeure and fortuity shall be deemed to include: 1) 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, 2) earthquakes, 3) fire, 4) flooding, 5) epidemics, 6) acts of war or terrorism, 7) strike action, whether or not the strike has been called officially, 8) lock-outs, 9) blockades, 10) insurgencies and rioting, 11) a failure in the energy supply (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure in the telecommunications network, 14) loss of connection to the Internet network or telecommunications network on which MyflexiPark depends, 15) an act or decision on the part of a third party where this affects the proper performance of the present contract, and 16) any other cause beyond the reasonable control of MyflexiPark.
10. Intellectual property
The information, logos, drawings, brand names, models, slogans, corporate identity details, etc accessible through the Internet site atwww.myflexipark.be or the related web applications (IOS, Android,..) are the property of MyflexiPark and are protected by intellectual property law.
Unless specifically agreed otherwise in advance, 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 Internet site at www.myflexipark.be.
11. Processing of personal data
As part of the procedure for registering on the platform and making bookings on-line, Users are required to communicate personal data such as their family name, first name, e-mail address, telephone number and postal address.
This data is used for managing the platform. It will not be communicated to the partners of MyflexiPark except in the event of the User specifically agreeing to this.
MyflexiPark shall treat gathered data confidentially and in accordance with national and international provisions, including Belgian legislation of 8 December 1992 on the protection of privacy in the processing of personal data, as amended by legislation of 11 December 1998.
Regarding operation of the Internet site throughout Canada by Onix International under licence, all confidential data is gathered in accordance with the provisions of Canadian law on the protection of privacy and personal information.
In Europe, a User may at any time send a written request, which must be dated and signed, to the registered office of MyflexiPark at 30 Fetis street 1040 Bruxel [Belgium], including proof of identity (by enclosing a copy of his/her national identity card) to obtain free of charge written communication of the personal data concerning him/her gathered by MyflexiPark, and, if appropriate, to request the rectification of any such information that may be incorrect, incomplete or irrelevant, or to request their deletion.
In Canada, a User may at any time send a written request, which must be dated and signed, to the registered office of MyflexiPark’s Licensee at 5043 Rue Fraser, Pierrefonds, Quebec H8Z 2S4, including proof of identity (by enclosing a copy of his/her driver's licence) to obtain free of charge written communication of the personal data concerning him/her gathered by MyflexiPark, and, if appropriate, to request the rectification of any such information that may be incorrect, incomplete or irrelevant, or to request their deletion.
Copy of the corresponding data shall be communicated to the User no later than 45 days after receipt of the request.
A User may also amend or update the data concerning him/her, or request that his/her account be cancelled and the corresponding data deleted, using the tabs “Edit my profile” and “Contact” on the Internet site at www.myflexipark.be or the related applications.
12. Other provisions
Should any one provision of these Terms and Conditions be null, the remaining provisions shall not be null 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 Bruxel [Belgium] exclusively (French language).
In Canada, any complaint concerning the services provided by MyflexiPark, any contention regarding the validity, interpretation or performance of these General Terms and Conditions shall be subject to Canadian law through MyflexiPark’s Licensee, Onix International.