General terms and conditions of sale

General terms and conditions of sale

These general terms and conditions of sale (hereinafter “GTCS”) are agreed between:

SMART PARK SAS (hereinafter “ECTOR”, owner and operator of the ECTOR brand and products), company with a share capital of EUR 25,467, registered in the Trade and Companies Register of Paris under number 794 357 905 and whose registered office is located at 21 rue Letellier, 75015 Paris.

And any person, whether individuals or businesses, hereinafter the “Customer”, who views or makes a booking using the valet parking Service (hereinafter “Booking”) sold by ECTOR.

SMART PARK SAS supplies a valet parking service (hereinafter the “Service ”), via its website and its mobile application (hereinafter the “Platform”).

By making a Booking, the Customer accepts the GTCS in full. No particular terms – whether the Customer’s own terms and conditions of purchase, any stipulation printed on the Booking or in correspondence of the Customer – may prevail over these GTCS without the prior formal written consent of SMART PARK SAS.

 1 - THE SERVICE

 The Service is supplied under the business name ECTOR and comprises:

  • the handover of the Customer’s vehicle to an ECTOR valet in accordance with the provisions in clause 4 below
  • the transfer of the Customer’s vehicle by the valet to the ECTOR parking garage, where it will be parked throughout the Customer’s absence in accordance with the provisions in clause 4 below
  • the maintenance and/or washing of the vehicle, if requested by the Customer (find all the details on our washing option here)
  • the return of the vehicle to the Customer at his point of arrival by an ECTOR valet in accordance with the provisions in clause 4 below

The Service is available to any Customer, whether or not that Customer has a customer account (hereinafter “Customer Account”).

The Customer is hereby informed that oversized vehicles (over 5 metres in length and/or over 2 metres in width) may not be accepted by the valets at the time of handover.

The Customer warrants that he is the duly authorised owner, keeper and user of the passenger vehicle which he hands over to ECTOR and that he has insurance, an up-to-date vehicle service and a valid driving licence, in accordance with the statutory requirements.

 2 - BOOKINGS

 The Booking made by the Customer shall not be deemed confirmed and final until the following steps are completed cumulatively and successively:

  • To make a Booking for valet service, the Customer must complete the displayed fields.
  • The Booking will not be confirmed until the mandatory fields are completed. Once the information has been submitted and confirmed, the Customer will receive an email from ECTOR confirming receipt of his Booking, at the email address provided.
  • The email address and phone number submitted by the Customer will be used by ECTOR to communicate with him. The Customer must notify ECTOR of any change of email address or phone number and must ensure that these are functioning properly.
  • In the absence of any information or notification to the contrary, the Customer’s email address shall be deemed valid and any email sent by ECTOR to this email address will be deemed to have been received by the Customer. Similarly, in the absence of any information or notification to the contrary, the mobile phone number of the Customer shall be deemed valid and any SMS sent by ECTOR to this mobile number will be considered to have been received by the Customer.

The Customer warrants that the information supplied during the creation of his Customer Account and/or during his identification is true and accurate. ECTOR may not be held liable for operational problems connected directly or indirectly with inaccurate information supplied by the Customer at the time of the Booking.

Any use of the Website which is fraudulent or which breaches the GTCS may result in the refusal by ECTOR, at any time, to provide the Service, even where ECTOR has confirmed the Booking, without prejudice to any legal redress which may be available to ECTOR before the competent courts.

 3 - RIGHT OF WITHDRAWAL

The Customer, where he is a non-professional natural person, is hereby informed that he has a right of withdrawal. This right may be exercised within a period of 14 clear days from the day he has received the confirmation of the Booking by email. Where this period expires on a Saturday, a Sunday or a public holiday or non-working day, it shall be extended until the next following working day.

The ECTOR Service is considered to have commenced execution on the scheduled pick-up date and time of the Customer's vehicle as indicated in the Booking.

At the express request of the Customer, the execution of the ECTOR Service can start before the end of the withdrawal period. This request is expressed by the Customer when he confirms the Booking online and accepts the ECTOR General Terms & Conditions of Sale by checking the related box.

In accordance with article L221-28 of the French Consumer Code, the Customer may not exercise this right of withdrawal if the Service has started before 14 (fourteen) days have elapsed from confirmation of the Booking.

The ECTOR Service is considered to be fully executed at the end of the Customer's vehicle return on the forecast date and time as indicated in the Booking.
In accordance with legal provisions, the Customer may no longer exercise their right of withdrawal fourteen (14) days after the Booking confirmation.

To exercise their right of withdrawal, the Customer fills in the form available below and sends it to hello@ectorparking.com. If the Customer uses this option, an acknowledgment of receipt of his withdrawal request will be sent to him without delay by email.
The Customer can also send an unambiguous withdrawal request by post to the following address: SMART PARK - 21 rue Letellier 75015 Paris.

To exercise the right of withdrawal, the Customer must notify his name, geographic address and, when available, his telephone number and email address; as well as his decision to withdraw from the contract by means of an unambiguous declaration.

Insofar as the right of withdrawal is exercised within the period and conditions mentioned above, ECTOR reimburses the Customer within a maximum period of fourteen (14) days from receipt of the request for withdrawal. The reimbursement is made according to the same method of payment used by the Customer when making his Reservation.

WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of the company SMART PARK SAS with a capital of 41,148 euros, registered with the RCS of Paris under the number 794 357 905, whose head office is located in Paris (75015), 21 rue Letellier

I / we () hereby notify you my / our (*) withdrawal from the contract relating to the service below (indicate the product subscribed, the period concerned, the name of the airport or train station, the invoice number):
Ordered on (*):
Name of consumer (s):
Address of consumer (s):
Signature of the consumer (s) (only if this form is notified on paper):
Date:
 
(*) Delete as appropriate.

4 - FUNCTIONING OF THE VALET PARKING SERVICE

 4.1 Available hours of the service and change request by Customer

The ECTOR valet service is available at the times indicated on the website. To make a reservation request outside of these hours, the Customer must submit his request to ECTOR's Customer Service department, who reserve the right to accept or deny this request.

If the Customer arrives outside of business hours, ECTOR reserves the right to refuse to accept or to return the Customer’s vehicle.

The Customer may not change the appointment without prior consent from ECTOR; the Customer is required to comply with the business hours and to assume all the consequences of an arrival earlier or later than the appointment. The Customer is required to notify ECTOR in the event of any change in the dates and/or times of his return as soon as he becomes aware of that change.

If the Customer wishes to change the time of his handover or return, he can submit a request accordingly on the ECTOR website or mobile application.

Any change of date/time is free until 6pm, the day before departure

Booking modification is free until 6pm, the day before departure. Booking modification is free until 6pm, the day before departure. If you make any modification after that time, €15 booking fees apply. This administrative fee will not be charged if the request is made before 6pm, the day before departure or return provided in the booking or any other subsequent update made to the booking.

ECTOR also reserves the right to refuse any request for modification if made past 6pm, the day before departure or return provided in the booking or any other subsequent update made to the booking. In this event, ECTOR undertakes to offer the Customer an alternative time which is as close as possible to the desired time of handover or of return.

If the change in time requested by the Customer involves an extension of stay, €10 inclusive of tax shall be payable in order to confirm the change for each additional 24-hour period begun.

If the change in time requested by the Customer involves a reduction in the number of 24-hour units of parking paid by the Customer at the time of the booking, the Customer may claim a refund.

 

4.2 Handover of the vehicle to ECTOR and inventory of the vehicle

The Customer shall appear at the date and time of the meeting scheduled with ECTOR at the time of his Booking, which are indicated in the confirmation email.

As soon as the Customer arrives at the meeting point, an ECTOR valet shall carry out a photographic inventory of the vehicle. This process shall serve to attest to the vehicle’s condition at the time of its handover. This inventory shall be kept by ECTOR for the entire duration of the Customer’s stay and for 17 business days following the return of the vehicle in order to respond to any disputes.

If the Customer refuses to have the inventory carried out, ECTOR shall reserve the right not to accept the vehicle.

ECTOR shall not, in any event, insure the personal belongings left by the Customer inside the vehicle at the time of its handover, nor the motor vehicle accessories installed in the vehicle – e.g. GPS devices, roof boxes or bicycle racks. ECTOR may not be held liable for any theft or damage of these objects following the handover of the vehicle.

The Customer shall confer the keys, registration certificate and insurance certificate of his vehicle to ECTOR for the duration of his stay. Photocopies of these documents will be accepted where applicable.

Once the inventory is signed by the Customer on the mobile application of the ECTOR valet, the Customer shall receive an SMS confirming the handover of his vehicle to ECTOR. The time of sending (and not of receipt) shall determine the exact time of activation of the insurance coverage of ECTOR for the vehicle handed into its possession.

The ECTOR valet shall bring the Customer’s vehicle to the ECTOR parking garage, located within a radius of less than 10 km from the place of handover, and shall park the vehicle there until the Customer’s return.

4.3 Vehicle parking

ECTOR shall keep the vehicle in a secure, enclosed area monitored by video surveillance and equipped with infrared entrance/exit gates or barriers.

The Customer authorises ECTOR, for the purpose of managing parking spaces, to park the vehicle and to move it within a radius of no more than 10 km if necessary.

ECTOR accepts no liability in the event of damage or deterioration found on the vehicle at the time of its return which may be the result of weather conditions – rain, variation in temperature, storms, hail, etc.

4.4 Return of the Vehicle to the Customer

To collect his vehicle, the Customer must contact the ECTOR valet using the number mentioned in the email sent to him confirming his booking from the mobile phone registered in his customer account.

The ECTOR valet shall bring the Customer’s vehicle to the meeting point indicated in the booking confirmation email and shall return the keys to the Customer after verifying his identity.

By signing off the return of his vehicle on the mobile application of the ECTOR valet, the Customer confirms that he has collected his vehicle at the precise time of signing and in the same condition as when it was handed over to ECTOR. In the event of a dispute, the Customer and ECTOR shall refer to clause 6.3 below.

ECTOR accepts no liability if damage of any kind is found by the Customer after he has signed off the return of his vehicle and/or in the absence of the valet who returned the vehicle to him. 

4.5 Cancellation

The Customer may cancel his booking at any time via the ECTOR website, mobile application, or by contacting customer support during business hours.

Among the optional services, ECTOR shall invite the Customer to subscribe to a service called “cancellation insurance”. This service allows the Customer to benefit from the following special terms in the event of the cancellation of his Booking:

If the booking is cancelled more than 24 hours prior to departure, the Customer shall receive a full refund for his Booking.

If the Customer has not subscribed to the “cancellation insurance” service or if he cancels the service less than 24 hours prior to the time of handover scheduled in the booking, the entire amount of the order will be retained.

ECTOR reserves the right to cancel the service booked by the Customer until 11:59 pm at the latest on the day prior to handover without requirement of any compensation whatsoever. If ECTOR cancels the service on the date of handover, ECTOR undertakes to refund the Customer in the amount of the costs which he incurs to reach the train station or the airport without the service, up to a maximum amount of €35 per day of travel provided in the booking. To obtain a refund in the event of a cancellation on the date of handover, the request must be sent, including the reasons for the request, to support@ectorparking.com and will be processed within five business days following receipt of this email. If your company has signed an Ector Business contract, special refund conditions may apply.

 

5 - PRICE AND SETTLEMENT

5.1 Price

The prices, information or notices on the Website, the mobile application or any third-party distributor are those in force at the time of confirmation of the Booking.

ECTOR reserves the right to change its prices at any time, but guarantees to the Customer that the price in force on the date of the Booking shall be the applicable price.

The price shall be calculated on a per-24-hour basis as of the time of the appointment with the ECTOR valet and until the keys are returned by the ECTOR valet when the Customer returns.

Each new day begun shall be payable, regardless of the cause of the Customer’s delay, whether or not that delay is within his control. Each additional day shall be charged at a rate of 10 EUR, inclusive of tax.

The prices on the Website are stated in euros, inclusive of tax. They are applicable at the time of confirmation of the order by the customer. Prices are subject to the French rate of VAT of 20%. Any change in the statutory rate of this VAT shall be applied to the price of the products featured on the ECTOR website, on the date stipulated by the relevant decree.

The tariff excludes any additional costs which are not expressly mentioned as included in the booking confirmation with advance payment. In addition, optional services will be offered by ECTOR to the Customer at the time of handover of the vehicle. ECTOR will collect the amount of these services prior to the Customer’s return, subject to formal acceptance of the tariffs indicated by ECTOR, by debiting the card used at the time of the Booking.

5.2 Payment

Bookings on the Website or on the mobile applications are payable at the time of Booking by card only, by way of a secure transaction using SSL encryption technology. A list of accepted bank cards can be found on the Website. This list is subject to change at any time.

Payments are collected as soon as the Customer receives and confirms the order.

In the event of a refusal by the officially accredited institutions to authorise payment by card or in the event of non-payment, the Booking will be cancelled.

The invoice for the Booking will be dated with the date of the stay and will be sent to the Customer by email or made available in his online account.

Any unforeseen bank fees of any kind whatsoever that are charged to ECTOR as a result of the payment shall be payable by the Customer.

ECTOR reserves the right to cancel or to refuse any order of a Customer with whom there is pending litigation regarding the payment of a previous order or who, in its opinion, constitutes some form of risk.

5.3 Loyalty scheme

When his identity is verified at the payment stage of the reservation, the Customer may choose a loyalty scheme:

  • Ector Loyalty Scheme: for every euro, including tax, spent on the website www.ectorparking.com or the ECTOR mobile application, ECTOR shall return between 1.5% and 5% to the customer in the form of cash back as of the date of return of his reservation which he may use on his next reservations. The amount of his cash back will be visible at the payment stage.
  • Flying Blue Loyalty Scheme: for every euro, excluding taxes, spent on the website www.ectorparking.com or the ECTOR mobile application, the Customer’s Flying Blue account will be credited with one mile as of the date of return of his reservation.
  • Le Club Accor Hotels Loyalty Scheme: for every euro, excluding taxes, spent on the ACCOR HOTELS website for an ECTOR service, the Customer’s Accor Rewards account will be credited with three points as of the date of return of his reservation.

The Customer may only choose one loyalty scheme per purchase. In the event that the Customer finds that he has not been credited Ector, Flying Blue or Accor Rewards points within a maximum period of four weeks following the end of the ECTOR service, he may contact ECTOR customer support by email, describing the reasons for his request.

6 - LIABILITY OF ECTOR

 6.1 Use of the Website

ECTOR makes no warranty of any kind regarding the performance of the Website or of its mobile applications and their continued availability.

In principle, the Booking tools are available 24 hours a day, seven days a week, except in the case of an interruption, whether scheduled or not, for the purpose of maintenance, a suspension of business or a force majeure event. Since ECTOR is, as such, subject to an obligation of best endeavours, ECTOR may not be held liable for any damage, of any kind, resulting from any unavailability of its Booking tools.

 

6.2 Service supplied by ECTOR

After the signing of the inventory and until the vehicle is returned to its owner, ECTOR shall cover any damage which is not identified in the inventory, provided that such damage is not a result of the vehicle’s previous condition.

Given the difficulty of detecting damage which is less than 1 cm in length or in diameter – superficial scratches, bumps or dents – on the body and the possibility that these will become visible with, inter alia, a change in weather during transport, the parking or cleaning of the vehicle, ECTOR accepts no liability with respect to this type of damage.

ECTOR also excludes from its insurance coverage the rims and those elements of the vehicle’s tyres which are impossible to check when the vehicle is handed over, given the time allowed for the performance of the vehicle inventory.

ECTOR accepts no liability in the event of glass breakage impacting the vehicle’s glass surfaces (windscreen, rear window and side windows) as a result of normal vehicle use, as well as any mechanical or electronic failure.

With regard to the driving of the Customer’s vehicle, all ECTOR valets are insured by insurance companies who are certified by a notary to be solvent and who cover the risks associated with this activity in accordance with the legislation in force.

The vehicles of our customers are insured, without a deductible for the Customer, in the amount of 80,000 EUR (eighty thousand) maximum for one category 1 vehicle. The coverage acquired includes motor vehicle civil liability, criminal defence and recourse following an accident, theft and attempted theft, fire, all accidental damage except for the exceptions listed above, as well as natural disasters.

ECTOR valets are not permitted to transport any person in the Customer’s vehicle when driving it to and from our parking lots.

It is expressly agreed that delays in transport times due to unforeseen traffic problems shall not give rise to any indemnity whatsoever: such problems include traffic jams, accidents, diversions, weather conditions, miscellaneous events, etc.

 6.3 Dispute regarding the state of the vehicle at the time of its return to the Customer

With reference to clause 4.4, if the Customer finds, when his vehicle is returned, that there is damage to the vehicle, he shall notify the ECTOR valet responsible for the vehicle’s return of such damage. The ECTOR valet shall, together with the Customer, verify the reported damage and shall produce an incident report, which shall define, without reservation, the scope of the claim. The valet shall also take photographs of the reported damage. The incident report shall be countersigned by the Customer and the ECTOR valet.

The creation of an incident report by the valet will then trigger the following procedure:

  • Within 72 business hours following the return of the vehicle, ECTOR shall contact the Customer directly at the email address submitted at the time of his reservation and ask him to pay a security deposit of 20 EUR online for the administrative costs of this complaint. This security deposit is a secure bank card imprint which will not be debited if ECTOR is held liable.
  • If the Customer fails to pay the security deposit within 15 business days following the sending of this email, ECTOR shall decline all liability with regard to the subject of the claim.
  • Upon receipt of the security deposit and of the additional documents requested from the Customer (inter alia, a copy of his registration certificate, additional photographs of the damage which is the subject of the dispute) to supplement the incident report produced by the valet, ECTOR undertakes to send a response to the Customer by email within a maximum period of five business days.
  • This period must allow ECTOR to carry out an inspection in the presence of the Customer to compare the inventory taken at the time of the vehicle’s handover and the inventory taken at the time of its return. If the latter reveals that the vehicle was damaged between its handover and its return, ECTOR shall offer the Customer financial compensation or shall arrange to have his vehicle repaired free of charge at a partner garage located with a radius of 10 kilometres from the place of the vehicle’s handover (airport or station). In this case, no administrative fees will be charged and the aforementioned security deposit will not be collected by Ector.
  • If it is found that the reported damage falls under the exclusions mentioned in clauses 4.2, 4.3, 4.4 or 6.2 above, ECTOR shall inform the Customer that no compensation will be offered. In this case, no administrative fees will be charged and the security deposit will not be collected by Ector.
  • If the inventory shows that the claim concerns damage which was already present at the time of the handover of the vehicle, ECTOR will not open a compensation procedure and will collect the security deposit in order to cover the administrative costs associated with the claim. 

6.4 Special cases

If the ECTOR valet is unable to bring the Customer’s vehicle to the place of the appointment (problem with starting the vehicle, defective battery, flat tyre, miscellaneous mechanical problem), he shall notify the Customer as soon as possible and ask him to go to the place where his vehicle is parked.

However, with the Customer’s prior consent, as given to the valet who is responsible for returning his vehicle, ECTOR may start the vehicle using jumper cables in the event of battery discharge during the time the vehicle is in ECTOR’s keeping.

Where applicable, the Customer is required to arrange the servicing of his vehicle as soon as possible unless it is proven that ECTOR has full and complete liability. In the event that such liability is incumbent upon it, ECTOR undertakes to arrange the servicing and repair of the vehicle and to provide the Customer with a courtesy car for the requisite period of time.

ECTOR reserves the right to engage the services of a motor vehicle expert within seven business days to confirm whether or not it has liability.

 6.5 Force majeure and/or Customer fault

In any event, having regard to the Service (valet service and parking), ECTOR may not be held liable in the event of fault on the part of the Customer, nor in the event of force majeure, as defined in the jurisprudence, nor for any other reason beyond its control.

 

6.6 Limitation of liability

ECTOR may not be held liable to the Customer or to any third party for indirect damage, particularly loss of gains, commercial damage, loss of customers, or any commercial problem whatsoever.

 

7 - PERSONAL DATA

 

As part of your use of the Service, ECTOR needs to collect and process some of your personal data. By using the Service, or by registering as a Customer, you understand and agree to the processing of your personal data by ECTOR in accordance with the applicable law and with the provisions of the Privacy Policy.

The Customer expressly authorises ECTOR to transmit the personal data deemed necessary to any third party – enterprises, subcontractors and/or suppliers – who is directly or indirectly involved in the performance of the Service and or the processing of the Booking.

In accordance with the applicable law, the Customer shall be entitled to access, to inspect, to rectify and to remove any information concerning him. He may exercise that right by sending a simple request, by post, to ECTOR – 37 avenue Trudaine 75009 Paris, including valid proof of identity. This request may also be sent by email to privacy@ectorparking.com.

In accordance with the applicable law, however, ECTOR reserves the right to store the personal data of Customers which is necessary for its operations and for the inspection of its operations by the authorised institutions in accordance with its privacy policy.

 

8 - MISCELLANEOUS

 

8.1 Availability of the GTCS

The GTCS are made available to the Customer on ECTOR’s Website, where they can be viewed directly.

 

8.2 Change in the GTCS

ECTOR reserves the right to amend its GTCS at any time, without prior notice. In the event of a change in the GTCS, the applicable GTCS shall be those in force on the date of the Booking.

 

8.3 Invalidity of a clause

In the event that any of the clauses of the GTCS are found to be invalid, void or unenforceable, the other clauses of the GTCS shall remain unchanged and shall continue to apply as if the invalid, void and unenforceable clauses were not contained therein.

The temporary or permanent non-application of one or more clauses of the GTCS by ECTOR shall not be deemed a waiver on its part of the other clauses of the GTCS, which shall remain in effect.

 

8.4 Proof

The digital records, which are stored in the information systems of ECTOR and of its partners in reasonable conditions of security, shall be considered to be proof of communications, of orders and of payments made between the parties.

 

9 - GOVERNING LAW AND JURISDICTION

 

These GTCS are governed by French law.

In all events where the Customer is not a consumer, any litigation or dispute which may arise in relation to the formation, interpretation, performance or cessation of the GTCS, including in cases where a guarantor is a participant in the proceedings or where there are multiple defendants, shall be subject to the exclusive jurisdiction of the Paris Court of Appeal.

 

 

Withdrawal form

 

For the attention of ECTOR (SMART PARK SAS):

 

I hereby notify you of my withdrawal from the agreement regarding the supply of the service below:

 

Parking service with valet ordered on:

 

Name of consumer:

 

Address of consumer:

 

Signature of consumer (only where notification is made using a paper form):

 

Date:

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