Servicevoorwaarden
The purpose of this document is to establish and regulate the rules of use of the Site www.parclick.es (hereinafter the “Site”), the Site being understood to mean all the pages and their contents owned by Parclick S.L. which are accessed through the Site and its subdomains.
The use, access, browsing and viewing of contents hosted on the Site confers the status of User thereof and implies acceptance of all the conditions included in this Legal Notice. The aforesaid Conditions shall apply irrespective of the General Terms and Conditions of Contracting which, as the case may be, become mandatory. In the event that the User contracts any of the services offered by Parclick, and consequently accepts the General Terms and Conditions of Contracting, the User shall assume the status of Customer. The User or Customer undertakes to read this Legal Notice carefully on each of the occasions on which they intend to use the Site, since the Site and its conditions of use set out in this Legal Notice may undergo modifications.
1. Ownership of the website.
The owner of this Site is Parclick S.L., with registered office at Calle Fray Luis de León 11, 1ª planta, CP 28012 - Madrid. C.I.F.: B86329984. Registered at the Registro Mercantil de Madrid, Tomo 29408, Libro 0, Folio 121, Sección 8, Hoja M529337.
Email: info@parclick.com
2. Intellectual and industrial property.
Parclick, on its own account or as assignee, is the owner of all the intellectual and industrial property rights in its website, as well as of the elements contained therein (by way of example, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Parclick or by its licensors.
Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Ley de Propiedad Intelectual (Intellectual Property Act), the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of Parclick, are expressly prohibited. The User undertakes to respect the Intellectual and Industrial Property rights owned by Parclick. The User may view the elements of the portal and even print, copy and store them on the hard drive of their computer or on any other physical medium provided that this is done solely and exclusively for personal and private use. The User must refrain from deleting, altering, circumventing or manipulating any protection device or security system that may be installed on the pages of Parclick.
3. Exclusion of liability.
The content, programs, information and/or advice expressed on this Site must be understood as merely indicative. Parclick shall not be liable in any way for the effectiveness or accuracy thereof, being exempt from any contractual or non-contractual liability towards the Users who make use of them, since it is the latter who must decide, according to their own judgement, on the appropriateness thereof.
Contents provided by third parties or companies may be published on this Site. Parclick shall not be liable for the truthfulness and accuracy thereof, being exempt from any contractual or non-contractual liability towards the Users who make use of them.
Parclick reserves the right to make, without prior notice, such modifications as it deems appropriate to its portal, and may change, delete or add both the contents and services provided through it and the manner in which these appear presented or located on its portal.
Parclick declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to the Users.
Notwithstanding the foregoing, Parclick does not guarantee and is not liable for:
The continuity of the contents of the Website.
The absence of errors in the contents or services.
The absence of viruses and/or other harmful components on the Website or on the server that supplies it.
The invulnerability of the Website and/or the impregnability of the security measures adopted therein.
The lack of usefulness or performance of the contents and services of the Website.
The damages or losses caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that Parclick establishes on the Website or through the breach of the security systems of the Website.
Should the User become aware of the existence of any content that is unlawful, illegal, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, or of any other right of third parties, the User must notify Parclick immediately so that the appropriate measures may be adopted.
4. Links.
In the event that links or hyperlinks to other Internet sites are made available on the Website, Parclick shall not exercise any type of control over said sites and contents. Under no circumstances shall Parclick assume any liability for the contents of any link belonging to a third-party website, nor shall it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.
Without prejudice to the foregoing, some links shall be previously negotiated or agreed with the party responsible for the linked content, in such a way that consideration is generated for the actions freely carried out by the User. This situation shall in no case affect the exclusion of liability regarding the linked content or the independence of this medium of communication.
Parclick grants third parties the right to partial reproduction of the contents of the page provided that the following conditions are met:
That it be compatible with the purposes of the Platform.
That no graphic content be used separately from the accompanying text.
5. Conditions of use of the portal for Users.
Access to this Site is free of charge except with regard to the cost of the connection through the telecommunications network supplied by the access provider contracted by the users.
The use of the Site for purposes that are harmful to the property or interests of Parclick or of third parties, or that in any other way overload, damage or render unusable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Parclick, or of third parties, is expressly prohibited.
The use of this platform is limited to persons over 18 years of age. By placing an order through this Platform, the Customer declares that they are over 18 years of age and have the legal capacity to enter into contracts.
The User assumes responsibility for the use of the portal. The User undertakes to make appropriate use of the contents and services that Parclick offers through its portal and, by way of example but not limitation, not to use them to:
Engage in unlawful, illegal activities or activities contrary to good faith and public order.
Disseminate contents or propaganda of a racist, xenophobic, illegal-pornographic nature, glorifying terrorism or infringing human rights.
Cause damage to the physical and logical systems of Parclick, of its providers or of third parties, introduce or disseminate on the network computer viruses or any other physical or logical systems that are liable to cause the aforementioned damage.
Attempt to access and, where applicable, use the email accounts of other users and modify or manipulate their messages.
Parclick reserves the right to withdraw all those comments and contributions that infringe respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that undermine youth or childhood, public order or public safety or that, in its judgement, are not suitable for publication.
In any event, Parclick shall not be liable for the opinions expressed by users through the forums, the contribution of ratings and scores of the service, or other participation tools. Parclick reserves the right to modify, reject or delete comments that do not comply with the indicated conditions. Likewise, it reserves the right to deny or withdraw access to the portal and/or the services offered without the need for prior notice, on its own initiative or at the request of a third party, to those users who breach these General Conditions of Use.
In relation to Customers' comments (including the rating submitted during the service), these may be displayed on the page of the parking service provider within our Website in order to share their opinion on the level of service and quality with other customers, and they may also be used for the purpose of improving the service provided through our Website.
Parclick shall pursue any breach of these conditions, as well as any improper use of its portal, exercising all civil and criminal actions to which it may be entitled at law.
6. General terms and conditions of contracting.
The contract entered into between the Customer and Parclick shall come into force at the moment when Parclick provides the Customer with confirmation of the booking in writing by email, or at the moment when the Customer requests a service from us, for example, a user registration, a request for information, an enquiry via our chat, a telephone call, a claim, a survey or a registration on a waiting list.
The Customer must save or print a copy of these General Terms and Conditions for future reference when making a booking.
6.1 Definitions
The following definitions shall have the same meaning whether used in the plural or the singular.
“Platform” means: the mobile applications and the website (and its mobile version) where the Service is available, which are owned, controlled, managed, maintained and/or hosted by Parclick.
“User” means: a person who browses the Platform.
“Customer” means: a User who books one or more Services offered on the Platform.
“PARCLICK”, “we”, “us” or “our” means: Parclick S.L., with registered office in Madrid (Spain), calle Fray Luis de León 11, 1ª planta, postal code 28012.
“General Terms and Conditions” means: these general terms and conditions for bookings and use, as amended from time to time.
“Service” means: both the online booking (including the facilitation of payments) of parking spaces, and other actions such as a user registration, a request for information, an enquiry via our chat, a telephone call, a claim, a survey or a registration on a waiting list.
“Provider” means: a provider of Services, such as a car park.
“Rotation Service” means: the type of Service by means of which the Customer accesses a Provider without a prior booking, being identified by the Provider's own licence-plate recognition system upon entry and exit, being invoiced the amount corresponding to the actual time of stay in accordance with the tariff established by the Provider, and said amount being charged automatically to the payment method associated with their account.
“Registered Vehicle” means: the vehicle whose licence plate has been associated by the Customer with their Parclick account for the purposes of using the Rotation Service.
6.2 Purchase Process
In the event that a booking is made through any of Parclick's portals, the Platform guides the User through the various phases of the process and the manner of making payment. Upon clicking the “PAY” button in the purchase process, the system shall direct the Customer to a secure payment page and shall provide confirmation. In the case of a booking made by telephone, a Parclick agent shall assist the Customer until the purchase process is completed, likewise providing confirmation.
The confirmation of a booking, which brings together the essential elements, such as the information on the booked Services and the price, shall be sent to the Customer by email. If the Customer does not receive a confirmation email within 24 hours after making the booking, they must contact the Customer Service department at the following email address: info@parclick.com
From the moment the Customer makes their booking, Parclick acts solely as an intermediary between the Customer and the Provider, transmitting the booking details to the Provider and sending the Customer a confirmation email on behalf of the Provider.
In the case of the purchase of a monthly, quarterly, half-yearly, annual or other-duration pass, the Customer understands and accepts that, in order to access the contracted service, they must sign a contract with the Operator that provides it, and that there is a minimum duration of that contract in order to access the offered conditions. Should they not agree with that contract, the Customer may cancel or modify their stay before 23:59h on the day following the arrival date indicated in the purchase process, by notifying Parclick.
In providing its Service, the information displayed by Parclick is based on the information provided to it by the Providers. Although Parclick endeavours to make its Service as accurate as possible, Parclick cannot verify or guarantee that all the information is accurate, complete or correct.
The documents provided in order to enjoy the booking of a Service requested through the Platform shall be sent to the email address indicated by the Customer when making the booking. This documentation comprises a proof of booking (or voucher) and a purchase receipt with the payment details. The voucher contains all the booking details, as well as the instructions for access to the car park.
6.2 bis Rotation Service
In the Rotation Service there is no prior booking or confirmation by email before access. Its operation is equivalent to that of a traditional ticket-access car park: the Customer approaches the entrance of the Provider, the Provider's own licence-plate recognition system identifies the Registered Vehicle associated with the Customer's account and opens the access barrier. From that moment the time of stay begins to be counted.
When the Customer decides to end their stay, they approach the exit, the system recognises the licence plate again, calculates the amount payable on the basis of the time of stay and the tariff in force at the Provider, charges said amount automatically to the payment method registered in the Customer's account and, once the charge has been processed or attempted in accordance with the provisions of clause 6.5.5, opens the exit barrier.
In order to be able to use the Rotation Service, the Customer must first register in their Parclick account the licence plate of the Registered Vehicle and a valid payment method, expressly authorising Parclick to make the corresponding charges automatically, without the need to re-enter the payment details on each use. After each use, Parclick shall send the Customer by email a receipt detailing the time of stay, the tariff applied and the amount charged.
6.3 Technical means to correct errors
In the event that the Customer detects that an error has occurred when entering their personal data during their registration as a user on this Platform, they may modify such data.
This Platform displays confirmation windows at various stages of the purchase process that do not allow the order to be continued if the data in these stages have not been provided correctly. Likewise, this Platform offers the information on all bookings during the purchase process, so that, before making payment, the Customer may modify the details of their order.
If the Customer detects an error in their order after the completion of the payment process, they must contact our Customer Service immediately, at the email address mentioned above, in order to rectify the error.
6.4 Liability
Parclick, through its Platform, provides Users with data, information and services relating to drivers or to the management of parking resources. In order to benefit from these services, the User provides information, in particular when booking or requesting a Service, as well as when registering to access the private page of their user account.
Parclick has agreements with parking operators who are responsible for the service corresponding to the parking product put up for sale through Parclick. However, Parclick is responsible for the security of the online payment, as well as for giving the Provider reserved access to the booking information.
When making the purchase, the Customer expressly accepts the conditions of access and use in force at the car park, or car parks, that they are going to use, and understands that these rules are dictated exclusively by the Provider.
In the case of the purchase of a monthly, quarterly, half-yearly, annual or other-duration pass, the Customer understands and accepts that, in order to access the contracted service, they must sign a contract with the Operator that provides it, and that there is a minimum duration of that contract in order to access the offered conditions. Should they not agree with that contract, the Customer may cancel or modify their stay before 23:59h on the day following the arrival date indicated in the purchase process, by notifying Parclick.
The User undertakes that all the information provided is truthful and lawful, Parclick reserving the right to withdraw any information or comment that infringes respect and the dignity of the person, public safety, or that, in its judgement, is not suitable for publication. In any event, Parclick shall not be liable for such information or comments.
Under no circumstances, including without limitation negligence, shall Parclick be liable for damages of any kind against vehicles, persons or property, including without limitation any direct, indirect or expressly warned damage, arising out of, or in connection with, access to, use of or departure from the car park or car parks.
Parclick makes every effort to provide photographs and illustrations that offer the User a visual representation of the Services offered. The purpose of these photographs and illustrations is to show the User the car park, the size of the spaces, the accesses, but they must not be considered as a representation beyond this purpose.
The Parclick Premium Valet Parking Service shall be provided by Park and Greet SL. The terms and conditions of said service shall be the same as those detailed in this section. In the event that the difference in mileage exceeds 40KM, the customer shall be compensated with 0.3€ for each additional kilometre. In the event that the waiting time for the collection or delivery of the vehicle exceeds 30 minutes from the time the car park is contacted by telephone, the customer shall be entitled to compensation of 14€.
In the Rotation Service, Parclick acts exclusively as a payment intermediary between the Customer and the Provider, not intervening in the setting of tariffs, in the conditions of access or stay, or in the operation of the Provider's licence-plate recognition systems, cameras or barriers, the latter being solely responsible for the correct operation of said systems and for the accuracy of the tariff applied.
6.5 Price and payment
The prices of each product are established by each Provider. The prices include the applicable taxes according to the country, as indicated on the purchase receipt.
6.5.1 Prices
The price of the Services shall be that shown on the Platform at any given time, except in cases of obvious error. Prices may change at any time.
In the event that, due to a technical, human or any other type of error, an incorrect tariff or price is published on our website, Parclick SL expressly reserves the right to annul or cancel any booking made under said erroneous tariff, even if the booking had been confirmed and the payment processed. In such a case, the customer shall be notified as soon as possible, being offered the possibility of maintaining the booking at the correct price or else proceeding to a full refund of the amount paid, without this giving rise to any right to additional compensation.
On occasion, on our Platform there is a cheaper tariff for a specific service, product or stay. However, these tariffs made available by the Providers may entail special restrictions and conditions, for example, relating to cancellation and refund. The User must consult the details and conditions of the booking, service or corresponding product carefully in order to be aware of the conditions before making the booking.
The final amount comprises: the price of the booking, any management fees, the applicable taxes, and any discounts that have been applied. This breakdown is indicated to the Customer at the moment of confirmation of the booking and payment and must have been accepted by the Customer.
Unless otherwise specified, the prices of the Services shown on the Platform are expressed in the currency of the country in which the Service is provided.
The management fees associated with our platform are variable and are modified in real time on the basis of various variables, such as the availability of the car park, supply and demand, the category of the car park, among others. Consequently, said fee may undergo variations for one and the same car park booking, depending on the aforementioned factors and on the terms established in the applicable conditions.
Rotation Service: the applicable tariff (price per hour, fraction or day, as well as the rules for computing the time of stay) is established solely and exclusively by each Provider and is usually signposted visibly at the entrance of the car park, in the same way as in a traditional ticket-access car park. Parclick does not intervene in the setting of said tariff or in the rules for computing the time of stay, acting exclusively as a payment intermediary between the Customer and the Provider. The final amount payable by the Customer corresponds to the actual time of stay in the car park, calculated in accordance with each Provider's own rules, without there being any maximum daily cap or grace period established by Parclick, unless the Provider itself so determines and communicates.
6.5.2 Payment Options
The User may make payment for the booking through:
Accepted credit cards: American Express, Carta SI, CB, Maestro, MasterCard, Postepay, VISA, VISA Electrón, ApplePay, Google Pay, PayPal.
Rotation Service: the payment method is registered (tokenised) securely in the Customer's account, who expressly authorises Parclick to make future automatic charges without the need to re-enter the payment details on each use.
6.5.3 Refunds
In the event that a refund is due to the Customer, Parclick shall transfer the amounts in question to the card that was used to make the original booking. The management fees shall not be eligible for refund.
Any discounts shall be applied until the provided units of discount codes are exhausted. In this case, the promotional discount codes shall cease to be accepted.
The time elapsed for the refund to become effective usually ranges between 5 and 10 days, and shall depend on the interbank agreements, as well as on the location of the Customer's country.
Under no circumstances shall the Customer be entitled to the subsequent refund of the unused time if the Customer decides to end their stay before the end time indicated in their booking.
This refunds clause does not apply to the Rotation Service, in which the Customer only pays for the time of stay actually enjoyed, calculated at the moment of exit.
6.5.4 Discount codes on the website
The discounts that Parclick makes available to Users vary according to the type of product and amount. The Customer understands and accepts that their application to products, product families, car parks or Operators is at Parclick's discretion.
The cancellation and modification conditions of products with a discount code are exactly the same as for the rest of the products without a discount.
However, in certain promotions there are specific limitations on cancellations and modifications, and so we remind the Customer that they must consult the conditions of the promotion, as well as the legal conditions of Parclick, before acquiring the product, and that its acquisition implies the Customer's knowledge and acceptance of said conditions.
If the Customer decides to modify (extend or reduce) their booking having previously had a discount code applied, the discount shall continue to be valid in the new modified booking. However, in the event that the booking is cancelled, the discount code may not be reapplied to a new subsequent booking or purchase, nor to the same booking after its cancellation.
The discount code is valid solely for initial purchases and their subsequent modifications, and may not be applied to existing, prior bookings or retroactively under any circumstances.
The beneficiary of the discount code may only apply it provided that the total amount of the purchase of the product (VAT included), excluding management fees, exceeds the amount or value of the code received from Parclick.
Likewise, discount codes are not cumulative. If the User or beneficiary does not activate or make use of it at the moment of completing the purchase validation process, the user shall definitively lose the discount benefit, which shall not be recoverable or cumulative with other products, future stays or already past stays or other promotions that Parclick may carry out.
In the case of bookings with the provider Q-Park, it shall not be possible to apply any type of discount or promotion.
6.5.5 Non-payment in the Rotation Service
In the event that, upon ending the stay, it were not possible to process the charge corresponding to the Rotation Service with the payment method registered by the Customer (for example, due to insufficient funds, an expired card or rejection by the issuing entity), the exit barrier shall nevertheless open to allow the vehicle to exit.
However, the Customer shall not be able to make use of the Platform or of any of Parclick's Services again until they settle the outstanding debt. Parclick may re-attempt the charge with the registered payment method, claim the amount owed by the means it deems appropriate, including, where applicable, the claim by judicial or extrajudicial means and the assignment of the debt to third parties for its collection management, without prejudice to the default interest and management fees that may be applicable in accordance with the applicable regulations.
6.6 Cancellation and modification policy
This cancellation and modification policy applies to bookings made with a specified date and time of arrival. It does not apply to the Rotation Service, in which there is no prior booking: the Customer may deregister the licence plate and/or the payment method associated with their account for the Rotation Service at any time and free of charge, without this giving rise to any charge as long as no effective use is made of the car park.
Customers who have used the PayPal payment platform must consult the section “Bookings confirmed with the PayPal payment platform”.
Parclick makes available to the Customer two options for cancelling or modifying a booking and proceeding to a refund of the purchase.
The cancellation and refund of the purchase are associated with each car park and product booked, as the User is informed in the terms and conditions associated with the car park and product when making the space booking.
The cancellation or modification policy applicable to each product booked is specified in the legal conditions, in the confirmation email that the Customer receives after completing the purchase process and in the proof of booking that the Customer must validate on their arrival at the car park.
Products with a mandatory cancellation and modification policy of at least 24 hours before the arrival time confirmed in the booking or proof of booking:
The Customer may cancel or modify their stay at least 24 hours before the arrival time. If the Customer does not show up at the car park, wishes to cancel or modify the booking with less than 24 hours' notice or after the arrival time confirmed in the booking, they shall not be able, in any of these cases, to modify, cancel or request the full or partial refund of the purchase made.
Products with a mandatory cancellation and modification policy before 23:59h (local time of the car park) on the day prior to the arrival date confirmed in the booking or proof of booking:
The Customer may cancel or modify their stay before 23:59h on the day prior to their arrival. If the Customer does not show up at the car park, wishes to cancel or modify the booking after 23:59h on the day prior to their arrival or after the arrival time confirmed in the booking, they shall not be able, in any of said cases, to modify, cancel or claim the full or partial refund of the purchase made.
Products with a flexible cancellation and modification policy, up to 1 hour before the arrival time confirmed in the booking or proof of booking:
The Customer may cancel or modify their booking up to 1 hour before the time confirmed in the purchase of the product and indicated in the proof of booking. If the Customer does not show up at the car park, wishes to cancel or modify the booking after the period permitted according to the flexible cancellation policy applicable depending on the product booked, or after the arrival time confirmed in the proof of booking, they shall not be able, in any of said cases, to modify, cancel or claim the full or partial refund of the purchase made.
Products classified as monthly, quarterly, half-yearly or annual passes:
The Customer may modify their monthly, quarterly, half-yearly or annual pass booking free of charge until 23:59h on the day prior to their arrival at the car park.
The Customer may cancel their monthly, quarterly, half-yearly or annual pass booking free of charge until 23:59h on the day following their arrival at the car park.
When purchasing from Parclick a monthly pass, with the minimum commitment period defined by each car park, the Customer enjoys a discounted price with respect to the normal retail price. In the event that the Customer decides to cancel their monthly, quarterly, half-yearly or annual pass within the commitment period, the Customer understands and accepts that they shall pay the car park the difference between the discounted price and the normal retail price for each month that they have remained at the car park.
Exceptions in which the cancellation and/or modification policies mentioned above are not applicable:
Guadeloupe and Martinique airports (France): for bookings made at the car parks of the Guadeloupe and Martinique airports, cancellations or modifications may be requested until 18:00h (local time of Guadeloupe and Martinique) on the day prior to the date confirmed in the booking and in the proof of booking.
Nice airport (France): for bookings made at the official car parks of the Aeropuerto de Niza-Costa Azul, the amount of the booking shall be refunded provided that the cancellation is requested a minimum of 48 hours before the arrival time confirmed in the booking and in the proof of booking.
Garage d'Abbeville (Paris, France): the Garage d'Abbeville car park does not accept, under any condition, the cancellation of the booking or the refund thereof.
La Rambla - Boquería (Barcelona, Spain): the La Rambla - Boquería car park does not accept, under any condition, the cancellation of the booking or the refund thereof. Autorimessa Comunale Venezia AVM - Porto di Venezia (Venice, Italy): the Autorimessa Comunale Venezia AVM - Porto di Venezia car park does not accept, under any condition, the cancellation of the booking or the refund thereof.
The car parks of the partner Zenpark allow their users to cancel a booking up to 24 hours before the confirmed arrival time. The modification option is not offered under any circumstances. If an error is made when making the booking, it will be necessary to cancel it and make a new one, provided that at least 24 hours remain before the original arrival time.
How to proceed with the cancellation and/or modification of a booking:
Cancellations for hourly/daily products:
The cancellation is free of charge provided that it is within the period permitted for cancelling, and the Customer manages it from their User Account (“LOG IN”).
The cancellation does not include the refund of the management fees arising from the purchase of the product.
Cancellations for monthly, quarterly, half-yearly or annual passes:
Provided that it is within the period permitted for cancelling, this type of booking may only be cancelled through our Customer Service Department, indicating to us the booking reference by email to info@parclick.com.
The management of the cancellation by the Customer Service Department shall be free of charge, although, when purchasing from Parclick a pass with the minimum commitment period defined by each car park, the Customer enjoys a discounted price with respect to the normal retail price. In the event of cancellation within the commitment period, the Customer understands and accepts that they shall pay the car park the difference between the discounted price and the normal retail price for each month that they have remained at the car park.
Modifications for hourly/daily products:
The modification is free of charge if the Customer manages it from their User Account (“LOG IN”), or free of charge by indicating the booking reference by email to info@parclick.com.
The gratuitousness does not include the additional costs arising from the extension of the booking. Said costs shall be charged automatically to the same card that the user provided at the time of their registration with Parclick.
Modifications for monthly, quarterly, half-yearly or annual passes:
Provided that it is within the period permitted for carrying out a modification, this type of booking may only be modified through our Customer Service Department, indicating to us the booking reference by email to info@parclick.com. Once the contracted commitment period has begun, it shall not be possible to modify the booking.
The management of the modification by the Customer Service Department shall be free of charge.
Cancellations and modifications of bookings confirmed through the PayPal payment platform:
Cancellations for hourly/daily products:
The cancellation is free of charge if the Customer manages it from their User Account (“LOG IN”). It does not include the refund of the management fees arising from the purchase of the product.
If the Customer wishes the Customer Service Department to manage the cancellation, it is essential to communicate: name and surname of the PayPal account holder, PayPal user email and PayPal transaction number (“transaction ID”).
Cancellations for monthly, quarterly, half-yearly or annual passes:
Provided that it is within the period permitted for cancelling, this type of booking may only be cancelled through our Customer Service Department, indicating to us the booking reference by email to info@parclick.com. The management shall be free of charge, although it does not include the refund of the fee charged by PayPal, and the difference between the discounted price and the normal price applies as indicated above.
Modifications for hourly/daily products:
The amounts to be refunded are those mentioned in the “Cancellations” section, although no charge shall be made for the management thereof through our Customer Service Department.
Modifications for monthly, quarterly, half-yearly or annual passes:
Provided that it is within the period permitted for modifying, this type of booking may only be modified through our Customer Service Department, indicating to us the booking reference by email to info@parclick.com. Once the contracted commitment period has begun, it shall not be possible to modify the booking. The management shall be free of charge, although it does not include the refund of the fee charged by PayPal.
6.7 Notifications
The applicable regulations require that part of the information or communications that Parclick sends to its Customers and Users be in writing. By using this Platform, the User and the Customer accept that most of said communications with Parclick be electronic.
Parclick shall contact the User and the Customer by email or shall provide them with information by posting notices on this Platform. For contractual purposes, the User and the Customer consent to use this electronic means of communication and acknowledge that every contract, notification, information and other communications that Parclick sends them electronically comply with the legal requirements of being in writing. This condition shall not affect their rights recognised by law.
The notifications that the User and the Customer send to Parclick must be made through the email address info@parclick.com or the web form. In accordance with the provisions of the preceding clause and unless otherwise stipulated, Parclick may send communications to the email provided by the Customer at the time of making the purchase. The User shall receive an automatic notification when their request has been received on our support and customer service platform. The requests received shall be handled in strict order of arrival, although those considered urgent for reasons of force majeure shall be prioritised.
6.8 Assignment of Rights and Obligations
The contract is binding both for the Customer and for Parclick, as well as for our respective successors, assignees and successors in title. The Customer may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations arising therefrom, without having obtained the prior written consent of Parclick. Parclick may transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations arising therefrom, at any time during its validity. For the avoidance of any doubt, said transmissions, assignments, encumbrances or other transfers shall not affect the rights that, where applicable, the Customer, as a consumer, has recognised by law, nor shall they annul, reduce or in any other way limit the guarantees, whether express or implied, that we may have granted them.
6.9 Events beyond our control
Parclick shall not be liable for any non-performance or delay in the performance of any of the obligations assumed, when the same is due to events that are beyond our reasonable control (“Force Majeure Event”).
Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
The obligations shall be understood to be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of the period for performing said obligations for a period of time equal to that during which the Force Majeure Event lasts. We shall use all reasonable means to bring the Force Majeure Event to an end or to find a solution that enables us to perform our obligations despite the Force Majeure Event.
6.10 Entire agreement
These Conditions and any document expressly referred to therein constitute the entire agreement existing between the Customer and Parclick in relation to the subject matter thereof and supersede any other prior pact, agreement or promise agreed between the User or the Customer and Parclick verbally or in writing. The Customer and Parclick acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, save for that which is expressly mentioned in these Conditions.
Neither party shall have any action against any untrue statement made by the other party, verbal or written, prior to the date of a contract (unless such untrue statement had been made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
The parties reserve the right to terminate the contract in the event of breach or for serious reasons, beyond the will of the parties, that alter the circumstances that gave rise to the contracting of the service.
6.11 Comments, suggestions, complaints or claims
Comments and suggestions shall be welcome. We request that such comments and suggestions, as well as any enquiry, complaint or claim, be sent to us through our contact channels indicated in clauses 2 and 13 of these Conditions. In addition, we have official complaint forms available to consumers and users. They may be requested by email to info@parclick.com.
The Customer may submit any complaint or claim relating to the service to our Customer Service department. The claim shall be dealt with within the shortest possible period and, in any event, within a maximum period of one month from the submission of the claim. Likewise, it shall be recorded with an identifying reference that shall be communicated to the Customer so that they can follow up on it.
In any event, Parclick is not liable for any incident that may occur in relation to the provision of the parking service or for claims of theft, loss or damage to the vehicle and luggage, personal effects, etc. occurring within the car park, which must be claimed directly from the car park as Provider of the Service.
7. Privacy policy.
The User may obtain information about the processing of personal data that we carry out on this Website, through the link to the Privacy Policy.
8. Cookies policy.
Parclick may use cookies to personalise and facilitate to the utmost the User's browsing of its Website. For more information, the User may consult the Cookies Policy published on this Website.
9. General provisions.
Parclick shall pursue any breach of these conditions, as well as any improper use of its Website, exercising all civil and criminal actions to which it may be entitled at law.
In the event that any point of this Legal Notice were deemed null or inapplicable by the Public Administration or the Administration of Justice, said nullity or inapplicability shall not affect the rest of the contents of the Legal Notice.
The failure by Parclick to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, save for the express written acknowledgement and agreement of Parclick.
10. Miscellaneous.
The original Spanish version of these terms and conditions has been translated into other languages. The translated version is a courtesy and unofficial translation and, therefore, no rights may be derived from the translation. In the event of a dispute over the content or interpretation of the terms and conditions, as well as in the event of conflicts, contradictions or discrepancies between the Spanish version and the rest of the versions in other languages, the Spanish version of these terms prevails and is conclusive to the extent permitted by law. The Customer or the User may consult the Spanish version on our Platform (by selecting the language) or ask Parclick in writing to send it to them.
11. Right to modify these conditions.
Parclick reserves the right to modify the Terms and Conditions and shall keep Users informed of the substantial changes made thereto. The modifications introduced shall not have retroactive effect and, save for possible exceptions in a specific case, shall be applicable 30 days after the date of their publication in the corresponding notice. If the User does not agree with the modifications introduced, we recommend that they not make use of our Platform.
12. Jurisdiction.
Except in cases where the applicable regulations in force require submission to different legislation, this Platform, its contents and services, the relations between the users and PARCLICK, as well as these Terms and Conditions shall be governed by and construed in accordance with Spanish law.
Except in cases where the applicable regulations in force require submission to a different jurisdiction, such as that relating to the courts and tribunals of the user's domicile, which shall be strictly respected in the event that it is mandatory; any other question or controversy arising from or relating to this Platform, its contents and services, the relations between the Car Parks and PARCLICK, as well as these Terms and Conditions shall be submitted to the judges and courts of the city of Madrid.
13. Contact us.
If you have any question about the conditions set out in this Legal Notice and Terms and Conditions of Contracting, or if you wish to make any suggestion or recommendation, please contact us at the following address: Parclick S.L. Calle Nuñez de Balboa 120. Cink Coworking, Oficina Parclick. Madrid. 28006.
This Legal Notice has been reviewed and published as of 21 August 2018.