Terms and conditions of use

Welcome to Parking.be, the clever website where you can find, buy, rent or sell a parking space.

By accessing and/or using this website (hereinafter referred to as "the Site"), you agree to comply with and be bound by the terms and conditions of use set out below, as well as, where applicable, the other terms and conditions and regulations set out on the Site.

Use of the Site, and a fortiori your prior and compulsory registration as a seller or hirer confirms, insofar as is necessary, your acknowledgement and acceptance of these conditions of use. These conditions may be subject to change, and we therefore invite you to check their content regularly in order to take note of any changes. Unless otherwise indicated, these changes will in principle be effective as soon as they are published on the Site.

If you do not accept these conditions, you may not use Parking.be or any of its associated services.

  1. Prohibition on damaging the integrity of the Site

You are strictly forbidden to undermine the integrity of the Site, for example by disrupting its proper operation, or by reproducing all or part of its content without first obtaining our written authorisation.         

  1. Using Parking.be

Simply consulting most of the Site does not require prior registration. However, if you wish to sell or rent a parking space on the Site, you must first register.

For your registration to be effective, you must choose a username (Parking.be username) and provide a contact email address in order to create your password.

In addition, use of the Site requires compliance with a number of rules, including but not limited to the following:

- use Parking.be services if you do not have the legal capacity to enter into contracts, or if you are under the age of majority, or if your Parking.be account has been suspended for any reason whatsoever,

- post any inaccurate or misleading content on the Site,

- distribute content for which you do not have the required rights (photos, texts, etc.),

- to post advertisements for parking spaces that you are not legally and/or contractually authorised to sell or rent,

- distribute pornographic content on the Site,

- undermine the evaluation systems put in place by Parking.be,

- allow another person to use your password or username,

- contravene any applicable law or regulation or the rights of third parties, or any of our regulations,

- not to pay for the advertisements requested,

- distribute unsolicited electronic mail (spamming),

- infringe, in any way whatsoever (reproduction, modification, etc.) the content published on the Site, in particular with regard to Parking.be's intellectual property rights and those held by other users,

- download or re-use substantial parts of the Site, or systematically or regularly download or re-use less substantial parts of the Site,

- disseminate viruses or any other technology likely to prejudice the proper operation of the Site or the interests of other Site users,

- collect and/or process in any way information about other Parking.be users, such as their email addresses, without a legitimate reason or without obtaining their prior consent.

  1. Advertise

Only users who have previously and correctly registered on the Site may offer parking spaces for sale or rent. In addition, the user must guarantee Parking.be that he/she has the necessary rights to the content of his/her listings and that he/she authorises Parking.be to host them on the Site.

In the places provided for this purpose on the Site, it is the responsibility of each seller/lessor to describe as clearly and as completely as possible the parking space(s) he/she is offering for sale or rent and, where applicable, any conditions of sale or rent that may be associated therewith. Parking.be stresses that it does not give any guarantee regarding the parking space in question. Parking.be also does not exercise any prior control over the information communicated to it by users, with the exception of the email addresses used to confirm their registration.

It is also possible that certain sellers/renters, such as professional sellers, may also be legally obliged to provide more information than "private" sellers (such as their name, registered office and identification number in the relevant trade register), in which case it is also up to these sellers alone to comply fully with the applicable legal provisions.

  1. Data shared between users of the Site

You acknowledge and agree that you will use all such personal information only for (a) communication via the Site, which may only relate to a corresponding transaction, (b) services which may be offered by third parties via the Site, such as the payment service, and (c) any other use to which the user concerned has consented after having been informed of the objectives pursued.

Furthermore, you may only use this information in accordance with all applicable laws and regulations, and in particular with the law on the protection of personal data.

  1. Free and paid services

Your registration and the possibility of placing an initial rental ad on the Site are free of charge. However, placing one or more rental and/or sales advertisements is subject to a charge. It is also possible, subject to certain conditions, to give greater prominence to certain advertisements. You will find more information in the relevant section of the Site.

If you are a consumer, sIn the case of the supply of digital content that is not provided on a tangible medium and for which theexThe process begins with your prior agreement.alable exprès, you acknowledge and accept that once the order has been placed, there is no right of withdrawal, in accordance with Article 16(m) of European Directive 2011/83/EU of 25 October 2011 on consumer rights and Article VI.53.13° of the Code of Economic Law.

  1. Content

For any content provided to us, you grant Parking.be, irrevocably and free of charge, a non-exclusive, transferable, worldwide, perpetual right (i.e., for the duration of the relevant protection) to (a) host, store, reproduce, distribute, perform and represent, display or otherwise use such content (in whole or in part) in connection with the Parking.be Services; and (b) improve, modify, adapt, translate, develop, create derivative works and/or new works based upon and/or derived from such content; (c) issue copies of, communicate or otherwise make available such content to the public in connection with the Parking.be Services; (d) use such content in combination with any other content; and (e) sublicense the rights that have been granted under these Terms of Use. In addition, you waive any moral rights you may have against Parking.be, subject to applicable law.

In this respect, you acknowledge and agree that in order to best present the parking spaces that are offered for sale or rent via the Site, Parking.be may, from time to time, modify them and will endeavour to collect and compile, at regular intervals, all corresponding images that have been communicated to it. Parking.be will do its utmost to ensure that this catalogue is always correct and up to date, but cannot give any guarantee in this respect.

  1. Infringements of the conditions of use of the Site

As an intermediary between sellers/renters and buyers/renters, Parking.be strives to ensure that the Site and its related services function properly and that it remains a user-friendly and safe place for exchanges. That is why Parking.be also counts on your support by inviting you to report to us any problem that is contrary to the applicable legal provisions or to the terms of use of the Site.

In a general and non-exhaustive manner, if we consider that users are contravening the conditions of use of the Site, we reserve the right to restrict, suspend and/or terminate its services with regard to them, as well as to delay the publication of hosted content, or even delete it and/or prohibit and/or restrict access to the Site.

  1. Limitation of liability

Parking.be operates as an online hosting platform in accordance with Article 14 of European Directive 2000/31/EC of 8 June 2000 on electronic commerce.

While Parking.be makes every effort to ensure the quality of the information provided on the Site, we make no representations or warranties as to the accuracy, completeness, usefulness or timeliness of such information. Parking.be also assumes no responsibility for typographical or other errors or defects in the content of the Site.

In addition, and despite all the means used by Parking.be to ensure the best possible functioning of the Site, Parking.be cannot give any guarantee concerning access, content, availability and proper functioning of the Site and cannot be held responsible for any action or inaction on the part of other users, any interruption in availability or defect in the functioning of the Site, in particular with regard to its security, whatever the cause, since this may result from numerous factors that Parking.be cannot control.

Furthermore, the websites to which hyperlinks may be made from this Site are not under the control of Parking.be and Parking.be cannot be held responsible for illegal content on these websites or for hyperlinks to other websites. The presence of a hyperlink to third party websites on this Site does not imply any endorsement or guarantee of quality by Parking.be.

By using this Site, you acknowledge and agree that Parking.be is in reality only a place of exchange whose purpose is to put users in contact with each other to enable them to sell, buy or rent parking spaces according to the available terms and conditions that will have been determined.

In this respect, it should be emphasised that Parking.be does not intervene at any time in the transaction between buyers/renters and sellers/renters, as we merely host the content of the advertisements entrusted to us.

Parking.be is entitled to suspend the provision of the Site, either temporarily or permanently, at any time and without giving reasons. However, Parking.be will make every effort to notify users in advance.

In the event of a dispute related to the use of the Site (such as proof of the conclusion of electronic contracts), you acknowledge and agree that Parking.be's technical data will have superior evidentiary value.

Also, without prejudice to any mandatory legal provisions that may apply if you are a consumer, Parking.be cannot be held liable for any indirect damage, such as, but not limited to, loss of profits, turnover or data, for any reason whatsoever, even if Parking.be has been advised of the possibility of such damage.

In any event, Parking.be's liability to you or any other person shall be limited to the greater of (a) the total amount paid by you to us in the six (6) months prior to the commencement of the action, or (b) 150 EUR. In any event, Parking.be will not be liable for any damages resulting from its gross negligence.

Finally, you agree to defend, indemnify and hold Parking.be and its agents, officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms of Use of the Site or any document incorporated by reference therein, or your violation of any law or right of such third party.

  1. Respect for privacy

The personal information you give us will not be passed on to third parties for marketing purposes without your prior knowledge (for example by means of emails or inserts on the site). This information is only used within the framework set by the Privacy Protection Regulations. Furthermore, this information is stored and processed on servers located in Europe, to which Parking.be ensures that access is secured in the best possible way, both physically and technologically.

You are asked not to use our services and the Site if you do not agree with our Privacy Policy.

  1. General

10.1       If one or more provisions of these terms of use or of the documents incorporated by reference in them should be held to be illegal or inapplicable by virtue of a judicial or administrative decision, the other provisions will not be affected and the provision(s) concerned will, as far as possible, be replaced by one or more provisions of equivalent effect.

10.2       It is important to know that Parking.be does not approve or validate transactions that take place on the Site. Therefore, you acknowledge and accept that you alone are responsible for the legality of the actions you take through the Site. Parking.be expressly disclaims any and all liability in connection with advertisements published on the Site. Our failure to act in response to a breach of the Terms of Use shall not be construed as a waiver of our right to act in the event of a further breach.

10.3       These terms of use or the documents incorporated by reference in them may be amended from time to time and, unless specifically provided otherwise, the new provisions will in principle become effective immediately when they are posted on our site.

10.4       Each party acts in its own name and for its own account. As the parties are independent, there is no intention to create between you and Parking.be any relationship of subordination, mandate or any other similar relationship.

10.5       You acknowledge and agree that the rights and obligations contained in these Terms of Use and all documents incorporated herein may be freely and automatically assigned by Parking.be to a third party in the event of a merger, transfer, acquisition or any other similar event.

10.6       The activities of Parking.be are managed by Proxiparking SRL, whose registered office is at Avenue Louise 523, 1050 Brussels and which is registered with the Banque Carrefour des Entreprises under number 0842.225.660.

10.7       Unless expressly stated otherwise, any notice to Parking.be should be sent to us by email to info(at)parking.be, or by post to our registered office. Any notice from Parking.be to you will be sent by e-mail to the address you provided when you registered and will normally be deemed to have been received by you within 24 hours of the e-mail being sent. Parking.be may also send you a notification by registered mail to the address provided to us at the time of your registration and this notification will in principle be deemed to have reached you within three (3) days after the sending of this registered mail.

10.8       This Site, its operation and use are governed solely by Belgian law, to the exclusion of rules relating to conflicts of law. Unless otherwise provided by mandatory law, the French-speaking courts of Brussels shall have exclusive jurisdiction over any dispute arising out of or in connection with the access and/or use of this Site. With the exception of the recovery of unpaid amounts owed to Parking.be, you acknowledge and agree that before initiating legal proceedings, the parties will first seek an amicable solution, for example by mediation. Information on alternative dispute resolution methods can be obtained via the following link http://ec.europa.eu/odr/

Finally, as laws and regulations can change, just because similar transactions may have taken place in the past does not necessarily mean that they are still authorised.

If you have any questions, please refer to the Contact section of the Site.

For more information on consumer law, you can also consult the website of the Belgian Federal Public Service, which is responsible for this area: https://economie.fgov.be/fr/themes/protection-des-consommateurs

Last update : November 2023

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