PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SERVICES (AS DESCRIBED BELOW) PROVIDED BY SPOTIZ IN FRANCE , IN SWITZERLAND, IN INDIA AND BIND YOU
Last update: January 16, 2023.
Welcome to Spotiz App and www.spotiz.com (hereinafter “Spotiz”), a platform designed to help you quickly find a public or private parking space or an electric vehicle charging station via the Spotiz community!
These Spotiz Terms and Conditions of Service (hereinafter the “Terms and Conditions”) govern the relationship between Spotiz and the Users of the Service, in particular the Users (hereinafter the “Users”). These Terms and Conditions apply to any person who consults the www.spotiz.com website or uses the application (“You”).
At all times of use of the Application (hereinafter “the Site”, “the App” or “the Application”) you will be bound by these Terms and Conditions in their entirety and you also agree to be bound by the terms of our Privacy Policy, which is available at www.spotiz.app, which explains how we are permitted to use your personal data in connection with your use of the Application.
During the process of registering for our App and when booking a spot, you must agree to these terms. Spotiz only allows you to use the Services if you agree to these terms. Therefore, you should not use the Services if you do not agree to these Terms.
Please scroll down to read the full terms and conditions and make sure you understand them before you register to use the Services.
Please note that these terms and conditions may be unilaterally modified by Spotiz and will be enforceable against you upon posting by any means. By continuing to use the Site, you confirm that you fully accept the Terms and Conditions for the duration of your use of the Application or the Site.
I.1. Scope and definitions
The present Terms and Conditions apply to the services offered by the Spotiz App and the https://spotiz.spotization.com/ website.
The website is operated by Spotiz SA, with a capital of CHF 250,000, registered with the Geneva Trade and Companies Registry under number CHE-196.538.146, and whose registered office is located at 88 rue ancienne, 1227 Carouge, Switzerland (“Spotiz”, “We” or “Us”) and access to the Platform is open to any natural person who chooses to register.
The Website is hosted by AWS, Amazon in Paris, at 31 Pl. des Corolles, 92400 Courbevoie.
The terms mentioned in these Terms and Conditions; these words begin with a capital letter. You will find below their definition:
I.2. Online acceptance of the General Conditions
Use of the Service is subject to acceptance of these Terms and Conditions. When using the Service, Users must check the box “I accept the Terms and Conditions”.
Only the acceptance of these Terms and Conditions allows Users to access the Service offered by the Platform. Acceptance of these General Conditions by the User is deemed to be informed, complete and without reservation(s).
In case of breach of any of the obligations mentioned herein, Spotiz reserves the right to delete the User Account concerned.
I.3. Modification of the General Conditions
Spotiz reserves the right to modify at any time the General Conditions, the functionalities offered to Users on the Site or the operating rules of the Service, without prior notice and by any means.
The modification will take effect immediately upon posting of the General Conditions. The User accepts and acknowledges that any use of the Spotiz Services after the modification implies acceptance of the modified General Conditions.
The Spotiz Platform, consisting of the website www.spotiz.com and the mobile application Spotiz, is a community application whose Users indicate at a given time to other Users available parking spaces on the public highway, in private parking spaces, and/or charging stations for electric vehicles. The Spotiz platform also indicates available Charging Stations for electric vehicles provided by Third Party Organizations on this type of data and integrates these datasets publicly and freely accessible.
Spotiz only provides its Users with information declared by other Users or by specialized data providers on the availability and location data of Charging Stations for electric vehicles. Consequently, the User accepts and acknowledges that Spotiz Suisse SA or Spotiz France SAS is neither the owner nor the manager of the parking lots referenced in its Site. Similarly, the User accepts and acknowledges that Spotiz has no control over the location and availability data of the Charging Stations, as it is neither the owner, nor the supplier, nor the manager. The Platform acts exclusively as a platform for connecting Users and presenting available information provided by third parties.
The Site allows Users to:
Thus, when You use the Services, Spotiz will:
The Site also allows Users to view and locate the Electric Charging Stations provided by Third Party Organizations in that area. This data is provided to Users under the exclusive responsibility of the Third Party Organization, to the exclusion of any responsibility of Spotiz, which the User accepts and acknowledges. Furthermore, the User agrees and acknowledges that Spotiz:
De facto, the User accepts and acknowledges that Spotiz is an intermediation, indication, declaration, and/or reservation and payment service of parking spaces for its Users. Spotiz automates the declaration, reservation and payment of parking spaces in the public space (Public Spot) or private space (Private Spots) or of electric charging stations using secure technologies.
III. Property
III.1. Property of Spotiz
Spotiz is and remains the owner of all intellectual property rights relating to the Services made available to the User or declares that it has obtained the necessary intellectual property rights to exploit them. The User undertakes not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or of any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings against the User.
The application is the full and complete property of Spotiz. Any reproduction, even partial, is subject to prior written authorization from Spotiz. Any hypertext link to a page other than the site’s home page is subject to prior written authorization from Spotiz.
The User agrees not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or of any of its elements would constitute an infringement likely to lead to civil and/or penal proceedings and to expose the offending visitor to the penalties mentioned above.
“Spotiz” is a registered trademark owned by Spotiz SA. No provision of these General Conditions shall be interpreted as operating any transfer of intellectual property rights to the User.
The User agrees not to modify, decompile, disassemble, identify the source code, merge or combine said code with any other software, copy, reproduce, transcode, adapt or modify any of the software, except as expressly authorized by Article L122-6-1 of the Intellectual Property Code.
You may not, and will not permit any other party to: (i) modify, reverse engineer (except as otherwise provided in Article L.122-6-1 of the Intellectual Property Code), adapt, improve, upgrade, alter, translate, or create derivative works of the App; (ii) create a database by systematically downloading and storing the App; (iii) access the Service for the purpose of extracting data, whether manually or by automated means, including robots, scrapers, or inforobots; and/or (iv) use the App for commercial purposes.
III.2. User Content
The User is and remains the owner of all the Data that he/she uploads or fills in on the Solutions as part of his/her use of the Services.
The User acknowledges that this Data may be transmitted to an administrative or judicial authority upon request.
The User grants Spotiz the right to host, use, display or otherwise process his/her User Data in order to provide the Services in accordance with these Terms and Conditions.
The User acknowledges that he/she is solely responsible for:
User agrees and acknowledges that Spotiz never screens User-generated content (including content relating to available parking spaces) or information on the Application and we cannot give any warranty as to its accuracy, reliability or completeness.
III.3. Warranty, indemnification
Spotiz declares that it has without restriction or reservation all legal authorizations and intellectual property rights granted under the General Conditions and guarantees the User in this respect.
The Parties agree that Spotiz shall not be held liable for Content provided by the User or for any non-compliant use by the User of the elements of the Services and Application Solutions protected by intellectual property rights.
The User agrees to inform Spotiz without delay of the existence of a potential infringement of an intellectual property right by an element of the Services or the Application Solutions and to communicate without delay the information it would hold on this subject.
The User agrees not to publish any defamatory, misleading or offensive content or any infringing content that would violate the intellectual property rights of third parties. Any such content is contrary to our policy; we do not accept any responsibility for such content, and the User responsible will be fully liable for any direct or indirect damages caused to Spotiz in the course of using the Application and you agree to indemnify us in respect of any liability we may incur as a result of such content.
Neither the Site or the Application nor any portion of the Site or the Application may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or reuse portions of the content of the Site without our express written consent. In particular, you may not use data mining, robots, or similar data gathering and extraction tools to extract (once or repeatedly) significant portions of this site for reuse without our express written consent.
In the event that an infringement action is brought by a third party against a Party on the grounds that any information, concepts, features, instructions, software, data, materials or components provided by the other Party infringe the intellectual property rights of a third party The latter will defend the other Party at its own expense and indemnify it against all damages, prejudices, costs and expenses of any kind awarded to the third party by an enforceable court decision or amicably negotiated by the other Party as part of a possible settlement.
Spotiz shall not be liable to compensate the User in the event that an infringement action is brought due to:
The User acknowledges that he/she is aware that the Services are only accessible and work with the following operating systems: Android (5 and later versions), Mac OS (10.10 and later versions), Apple iOS (9 and later versions). The Customer acknowledges that it will have to update this browser and these operating systems in order to fully use the Application Solutions.
In order to use the services, You must download the Application and create a Spotiz Account. You create your Account by using your email address or by connecting with your social media account, and creating a password.
You acknowledge that You will not be able to access and use certain features of the Application unless You have Internet access via a 5G, 4G or Wi-Fi connected mobile device. The User accepts and acknowledges that optimal use of the Services requires at least a broadband network connection (ADSL, Fiber, 4G, etc.). Spotiz disclaims any responsibility for use of the Services below these standards. The User acknowledges that he/she will need to regularly update the Application, his/her operating system(s) in order to fully use the Services.
You are responsible for paying all fees associated with your use of the Services and the Application.
You must have geolocation enabled on your device with the Spotiz Site to make full use of Spotiz: to help you find available Spots around you, to be directed with GPS to the reserved Spot, … On some Android mobile devices, it is necessary to activate the high accuracy mode. Please refer to the “How to increase the accuracy of my GPS” sheet in the Spotiz Help Center FAQ https://support.spotiz.com/en/show-article/how-can-i-improve-the-accuracy-of-my-gps-2.
Spotiz does not guarantee the availability or suitability of Spots or other services provided by Registrants or Spot Owners or third parties to the needs of Users. The more Users are active in the community to add Spots, the more the offer will match Users’ searches.
Warning: the use of a telephone by the driver of a Vehicle in traffic is prohibited by law. The User undertakes to comply with the Highway Code and all applicable laws and regulations throughout the duration of his use of the Services.
IV.1. Registration
Becoming a User is open to natural and legal persons. Registration to the site is currently free, but to become a registered User, you will need to provide some basic personal information: Marital status (first and last name), Email address, Mobile phone number, and, if applicable, depending on your profile as a Spot renter or hirer, Vehicle registration.
All Spotiz-related communications will be sent to you at the email address you have provided (as updated by you). By agreeing to these Terms and Conditions, you consent to receive communications from Spotiz via email.
If You are creating a Spotiz Account for a company, organization or other legal entity, you certify that You have the authority to legally bind such legal entity and to grant us all of the authorizations and licenses set forth in these Terms and Conditions, particularly as Spot Owner.
You agree that all information and User Data provided during registration are true, complete, and accurate and that they are updated by You as soon as necessary for the proper functioning and use of the Services.
The User accepts and acknowledges:
Spotiz reserves the discretionary right to suspend the User Account of any person who impersonates a third party, an organization whether or not they are a User of the Application, or who provides inaccurate information when registering or using the Application.
It is your responsibility to maintain the confidentiality and security of your Spotiz User Account credentials.
As such, you agree and acknowledge that you are prohibited from disclosing your credentials to any third party. If you believe or have reason to believe that your credentials have been lost, stolen, misappropriated or compromised in any way, or in the event of any actual or suspected unauthorized use of your Spotiz Account, you agree to immediately notify Spotiz info@spotiz.com.
You acknowledge that you are fully responsible for all activities conducted through your Spotiz User Account, except in the event that a third party is solely responsible for such unauthorized use and you are not otherwise negligent, for example, in failing to report the unauthorized use or loss of your credentials in a timely manner.
IV.2. Use of the Site and Spotiz Content
IV.2.1. Use of the Site and License to Use
Subject to your compliance with these Terms and Conditions, Spotiz grants the User a limited, free, non-exclusive, non-assignable, revocable, non-sublicensable license to download and use the Application on his/her personal device(s) (smartphone, tablet, computer), and to access and view the content made available on or through the Site, solely for his/her own personal and non-commercial use.
Consequently, Spotiz grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Services for the entire duration of the use of the Application (hereinafter the “Right of Use”).
The Right of Use is the right to represent and implement the Services in accordance with their purpose, in Saas mode via a connection to an electronic communications network. The User may not under any circumstances make the Services available to a third party who is not a User and is strictly forbidden to make any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being restrictive.
The User may only use the Services within the limits of his parking needs, to the exclusion of any other purpose, which he acknowledges and accepts for the entire duration of his use of the Services. In particular, the User agrees to:
You do not deliberately exploit any bugs, errors or security holes that you may potentially discover in your use of the Spotiz Application or by any other means.
Any use in violation of these Terms and Conditions will entitle Spotiz to terminate your use of the Site without notice, without prejudice to any other rights and remedies Spotiz may have.
In the event that your Account is suspended or deleted by Spotiz, you will no longer be entitled to register and use the Application.
IV.2.2. Content
You are solely responsible for all content that you make available on or through the Site. Therefore, you represent and warrant that:
You will not post, upload, publish, submit or transmit any User Content:
Spotiz reserves the discretionary right to remove any Content from the Site, terminate your registration or membership and restrict your access to our services at any time, for any reason.
Spotiz will inform the User and give reasons for this decision unless such notification prevents or hinders the discovery of fraud or other illegal activity, harms the legitimate interest of other Users or third parties, or violates applicable law or the obligation imposed on Spotiz by an administrative, judicial or law enforcement authority. You may appeal this decision by contacting customer service at info@spotiz.com.
Spotiz may allow Users to create, upload, post, send, receive or store Content, such as text, photos, or other materials and information on or through the Site, and to access and view User Content and any content made available by Spotiz on or through the Site, including Spotiz’s Proprietary Content.
By uploading, posting or otherwise making available any User Content on or through the Site, you grant Spotiz, at the time you create, post or make available the content, a non-exclusive, worldwide, royalty-free, assignable and sublicensable license to such User Content for the legal duration of the protection of the assigned rights, to access, use, store, reproduce, modify, create derivative works from, distribute, publish, transmit, broadcast and otherwise exploit such User Content in order to provide and/or promote the Site on any medium, known or not yet known, and in particular on the Internet and on social networks
If User Content uploaded by the User (including verified images) includes personal data, such User Content will only be used for such purposes if it complies with applicable data protection law, in accordance with our Privacy Policy. Except with your express consent, Spotiz will not claim any ownership rights in any User Content, and nothing in these terms and conditions shall be deemed to limit your rights to use or exploit your User Content.
The inclusion and ranking of Ads in the search results on the site depends on a number of factors, including but not limited to:
Spotiz cannot be held responsible for the ranking of the Ads on the Application, which the User accepts and acknowledges.
IV.3. Addition of a Spot and Charging Stations available
Every User undertakes, when adding a Spot, to declare objective and real information to help Drivers find the Spot that meets their expectations and search criteria.
IV.3.1. Adding a Private Spot
A Spot Owner warrants that he/she is the sole and exclusive owner of all content that he/she makes available on or through the Platform from the moment he/she begins using the Spotiz Platform. The User also warrants that he/she has all necessary rights, licenses, consents and authorizations to add a Private Spot on Spotiz.
The User acknowledges that, where applicable, the relationship between a User identified as a Spot Owner but merely entitled to manage that Spot and the actual owner of that Spot is not within the purview of Spotiz, which is a third party to that relationship.
Spotiz is a platform for connecting Spot Owners and Drivers, and is neither the owner nor the manager of the Spots referenced within the Application, and shall never be held responsible for the management, availability or proper functioning of said Spots and their equipment.
The Spot Owner undertakes to ensure that its Advertisements and the related reservation of Spot(s) by one or more Drivers do not violate any agreement that the Spot Owner may have entered into with third parties, and in particular:
Lorsque vous créez une Annonce sur le Site, vous devez fournir des informations complètes et exactes sur votre Spot Privé (comme la description, son emplacement, les dates de disponibilité, photo du Spot, etc.). Il vous appartient de tenir à jour les informations de votre Annonce (y compris les dates de disponibilité).
You must also provide all the necessary information to validate and create your Account (identity documents, proof of address, persons authorized to decide for legal entities …) on the secure platform of our payment partner for France and Switzerland, and on our platform for India in order to activate your Spotiz wallet and thus:
The management currency of the private spot is the one of the country where the spot is located. So the currency of your user account is the currency in which your spot is located. For example, the spot is in Switzerland: the management of your user account and your Spotiz wallet is in Swiss Francs; and the payments of the Drivers are made in Swiss Francs.
The Spot Owner acknowledges that a Private Spot is systematically submitted to Spotiz for validation the validity of the information, to verify the consistency of the information and compliance with Spotiz standards of a Private Spot before any publication and availability to Users.
The Spot Owner goes to his application and chooses to add a Private Spot. The Spot Owner sets up his Private Spot. The Spot Owner undertakes to act exclusively on his own behalf, and may not act on behalf of another Spot Owner.
The Spot Owner agrees and acknowledges that none of the conditions set forth in the Advertisement, in particular those relating to cancellations as referred to in Article III.6 of these General Terms and Conditions, shall be contrary to the present.
The Spot Owner must necessarily provide the following information in the description of its private Spot:
This information must be regular, accurate, reliable and up-to-date.
The photos, animations or videos used in your Ads must accurately reflect the quality and condition of your Private Spot. Spotiz reserves the right to impose a minimum number of Images, in a specific format, size and resolution, for each Ad, which the User accepts and acknowledges.
The Private Spot Owner receives revenues from the Drivers’ bookings. These revenues will be available in the Spotiz Wallet in the currency of the country where the private spot is located. These revenues will be available in the Spotiz Wallet. The financial transactions are exclusively operated via our payment gateway, excluding any involvement of Spotiz and allowing Users to secure the payments of the Drivers or Cyclists on the one hand, and to store the amount of the rental on the Private Spot Owner’s Spotiz Account on the other hand. The amount of the Driver’s or Cyclist’s reservation will be credited to the Spot Owner’s electronic wallet. This amount will already have been deducted from the Spotiz commission described in point IV.4.2 of these General Terms and Conditions.
If you wish to add a Private Spot in another country than the one of the spot(s) already added, you must create another user account to manage it in the currency corresponding to the country where this new spot is located. It is understood that this country must be managed by the Platform.
The Spot Owner submits his Private Spot for validation by Spotiz, and submits his information and documents for validation by our secure payment platform for the creation of the Spotiz wallet.
Within an average of 72 hours, the Spot Owner will receive an email notification of the validation or rejection of the Spot.
The Spot Owner agrees and acknowledges that:
Spotiz shall never be obliged to justify a refusal of a Private Spot, but may in its discretion assist the Spot Owner with new requests, which the Spot Owner accepts and acknowledges by accepting these Terms and Conditions.
Once a Private Spot is approved by Spotiz, in order for the Spot to appear on the Spotiz map, Spot Owner must set the availability parameters and the corresponding price. The price earned per hour or per Subscription period by an owner cannot be less than 0.20 CHF or 0.20 EURO. Once these parameters have been saved by the Spot Owner, the Private Spot will appear on the Spotiz map on the dates indicated.
This necessarily implies that you accept any reservation request from a Driver or Cyclist (depending on the Spot), and that you enter into a legally binding agreement with this Driver or Cyclist. You will then be obligated to provide the service to the Driver in the manner described in your Advertisement as of the date of the reservation request.
You also agree to the Spotiz cancellation conditions in force as defined below in article IV.6.2. Cancellation of the reservation by the Spot Owner.
IV.3.2. Addition of a Street Spot
The Declarer adds a Spot on the public highway, making sure that it is a place authorized for parking for the type of vehicle and the dimensions of the vehicle he has selected. He can add comments to facilitate the availability of the Spot to the Driver who has connected to this Spot.
Once the Spot is validated by the Declarer, the Spot is displayed on the map in green, with the time elapsed since the declaration of the Spot. This will give information to the Driver since when the Spot was declared. The most recent Roadside Spot indications have a higher probability of still being available.
As soon as the first Driver selects this Roadside Spot to park, then it will no longer be visible on the Spotiz map for other Users. A Roadside Spot remains displayed for a maximum of 15 minutes if no one has logged in.
The Declarer and the Driver can also communicate by phone to facilitate access to and obtain the Street Spot. This is done while respecting the communication policy between Users IV with the confidentiality of the Users’ contact information and remaining exclusively within the Spotiz framework if the number has been made from the application.
Spotiz is not obliged or able to verify the truthfulness of the User’s declaration. However, the User Drivers may rate the Declarer who has indicated this Spot on the public highway for the ease of having obtained the location.
The rating of Users must be done with respect for the other User and be based on objective and factual elements. This is recalled in the Rating Policy IV.10.
IV.3.3. Addition of an electric spot
The Declarer adds an electric Spot on the public highway or in a private location by ensuring that it is an authorized place for charging an electric vehicle for the type of charging socket and vehicle dimensions that he has selected. He can add comments to facilitate the access of the Spot to the Driver who has connected to this Spot.
Once the Spot on the public or private road has been validated by the Declarer, the Spot is displayed on the Spotiz map in orange with the number of available charging stations.
This type of manually added electric Spot does not indicate the availability of a charging station but only its location and it can be manually deactivated by the Declarer of the electric Spot.
The User accepts and acknowledges that Spotiz has no obligation or possibility to verify the veracity of the information provided by the Declarer. Spotiz reserves the right to deactivate the Electric Spot manually added by a User, especially if Spotiz is notified by other Users of the irrelevance or non-existence of the Electric Spot in question.
Users’ notifications must be made with respect for the other User and be based on objective and factual elements. This is recalled in the Rating and Notification Policy below (article IV.10).
IV.3.4. Charging stations available
The Site indicates the available Electricity Spots that are published and transmitted by the Third Party Organizations. The Application indicates their location, their availability and the types of plugs that can be used at each charging station concerned.
IV.4. Rates and commissions
IV.4.1. Price of a Private Spot
The Tariff or Price (hereinafter the “Tariff”, the “Tariffs”, the “Price” or the “Prices”) of a Private Spot is displayed on the Site and on the Mobile Application in the icon of the Private Spot, then it is taken up again when consulting and booking the Private Spot. Prices are displayed for Users including all taxes in the currency selected by the User. Currency conversions are updated every 24 hours.
The prices displayed to Users are valid only at the date of the consultation. Once a Driver or Rider has made a reservation, the Spot Owner shall not charge him/her a price higher than the one indicated in the reservation request, which the Spot Owner accepts and acknowledges. Prices are displayed according to the arrival and departure dates and times, the desired Subscription period (weekly, monthly, yearly), the type of vehicle selected, and in the User’s currency.
For Subscriptions, the User is informed that certain charges may be billed in addition by the Spot Owner (security deposit, agency fees, etc.). The Prices may be subject to a sliding scale according to the rules defined by the Spot Owner.
Prices are always managed in the currency of the country in which the spot is located. If the User has another display currency in his profile, it is only a view of the prices in the User’s currency. Transactions are always made in the currency in which the Private Spot is located.
The Spot Owner and the User are hereby informed that the Spot Owner is solely responsible for setting its own Prices, the Degressive Price per hour, or the Price of its Subscription. The price depends on the dates of availability, the type of Subscription (week, month, year), and the type of vehicle corresponding to the Private Spot.
IV.4.2. Spotiz Commissioning
The commission modalities (amount, percentage, modalities, …) are visible in the application and can be modified at any time, following a unilateral decision by Spotiz. Any change in the commission modality will be communicated by email to the Spot Owners 30 days prior to its implementation.
For Spots located on the public road, the Driver agrees to pay for his parking at the conditions in force and applicable to the zone in which he is parked with the type of vehicle used.
IV.5. Booking a Spot
To make a reservation, the User must have a User Account (see article IV.1. Registration).
The User can reserve a parking space from the Site or the Spotiz Application. A reservation can be made whenever the Driver wishes, for the duration he defines and for the type of Subscription desired (week, month, year), within the limit of available Spots.
Once the Driver has received confirmation of his/her reservation, he/she may cancel it under the conditions defined below in article “IV.6.1. Cancellation of the reservation by the Driver”. If there is a problem with the reservation (e.g. if the driver has entered incorrect vehicle data or other information), the driver will have to cancel the reservation.
Spotiz is only an intermediation platform and has no control or link with the Spot, which the User accepts and acknowledges. Consequently, the User shall not hold Spotiz responsible, on any grounds whatsoever, for any damage that may occur during the reservation of the Spot, including but not limited to damage caused to persons and property, including the Driver’s Vehicle.
IV.5.1. Reservation of a Private Spot
The User will be able to reserve a Private Spot and define the type of vehicle, the location, the Spot, the desired start and end date and time, the type of Subscription desired, with the corresponding price. The User makes his reservation with full knowledge of the description of the Spot given by the Spot Owner and enters into a contract with him, to which Spotiz is a third party.
For private Subscription Spots, the User must also consult the specific conditions of the Subscription defined by the Owner in the section “Reservation Information: Owner’s General Conditions”.
Once the Driver has received confirmation of his/her reservation, he/she can cancel it under the conditions defined below in article “IV.6.1. Cancellation of the reservation by the Driver”. If there is a problem with the reservation (for example, if the Driver has entered incorrect vehicle data or other information), the Driver must cancel the reservation.
The Driver agrees to arrive and leave the Spot on the date and time of arrival and the date and time of departure indicated on the reservation. The use of the Parking lot outside the reservation hours (either before or after the reservation) is subject to a reservation on Spotiz. Without such a reservation, any use of the Private Spot is prohibited.
The currency in the reservation is the one of the user’s account for a better understanding of the amounts, even if the spot is located in a country where the currency is different. The conversion rate is the one made on the day of the transaction and is updated every 24 hours at 0:00:00 (UTC+5:30). This is only a display, the transaction is always done in the currency of the country where the Private Spot is located. Moreover, after the payment, the summary of the reservation and the receipts will be in the currency of the country where the spot is located.
The validation of the reservation is also subject to the payment of the parking by the Driver at the time of the reservation (see article IV.8.3. Payment to pay for Private Spot reservations by the Driver).
Upon receipt of a reservation confirmation from Spotiz, a legally binding agreement will exist between the User-Driver and the Owner of the Spot.
Spotiz reserves the right to unilaterally cancel any reservation on the Application, without prior notice, in cases of force majeure. Any event related to the safety of the User in the Parking lot or related to the relationship between Spotiz and the Spot Owner shall be considered as force majeure.
IV.5.2. Indication of the availability of a Spot on the street
The User may be shown a Spot on the public highway on the Application, reserve it and go to it. This indication and reservation is only opposable to other Users of the Spotiz Application. Spotiz only provides an indication of the availability of a parking space on the public highway at a given time, and does not guarantee the actual availability of the parking space to the User, which the User accepts and acknowledges.
IV.5.3 Indication of availability of an electric Spot
IV.5.3.1. For the electric spots provided by Third Party Organizations, the User may, depending on their availability, see them indicated on the Spotiz card with the type of plug provided.
IV.5.3.2. For electrical Spots declared by other Users, the User may see them indicated on the Spotiz card with the type of socket provided, but without any indication as to their availability.
IV.5.3.3. In any case, Spotiz only provides an indication of the availability of a parking space on the public road at a given moment, and does not guarantee the actual availability of the parking space to the User, which the User accepts and acknowledges.
IV.6. Cancellation of the reservation of a Private Spot or Non-conformity of the Private Spot to the Advertisement
Cancellation of a Private Spot reservation may only occur prior to the start time of the parking period and under the conditions defined below.
Cancellation of a Private Spot reservation made via a Subscription entails de facto the completion of the Subscription at its scheduled end.
The cancellation conditions are different depending on the cancellation period before the parking departure and on the person responsible for the cancellation. Where applicable, you agree that your Ad will not contain any cancellation conditions that are contrary to those defined by Spotiz, under penalty of suspension of your Spotiz Account. Any cancellation conditions
To cancel a reservation, the User must go to Spotiz and go to the Private Spot reservation he/she wishes to cancel, and click on the “Cancel” button in the corresponding reservation. The cancellation conditions will be displayed before validation.
The Spot Owner agrees and acknowledges that he/she may not cancel a subscription reservation for his/her Private Spot after the start date of this Subscription.
Spotiz reserves the right to unilaterally modify the present cancellation conditions. These modifications and new cancellation conditions will be enforceable against Users as soon as they are published, without any notice.
The financial conditions of cancellation are available online at the following page: https://support.spotiz.com/en/show-article/what-are-spotiz-cancellation-rules-2.
IV.6.1. Cancellation of the reservation by the driver
Delay before the start time of the reservation | Cancellation conditions for the Driver | Cancellation Policy for the Spot Owner |
More than 72 hours | 100% of the reservation amount refunded or credited to the Spotiz wallet | Cancellation of the reservation |
From 72 hours to 24 hours | 90% of the reservation amount refunded or credited to the Spotiz wallet | 5% of the amount(1) for the owner(2) credited to the Spotiz wallet |
From 24 hours to the start time of the reservation | 70% of the reservation amount refunded or credited to the Spotiz wallet | 10% of the amount(1) for the owner(2) credited to the Spotiz wallet |
Delay before the start time of the reservation | Cancellation conditions for the Driver | Cancellation Policy for the Spot Owner |
Subscription | No refund for the current Subscription period. The Subscription will not be renewed at its expiration. | The Spot Owner shall receive the amount of the current Subscription. The Spot will be available for booking again on the expiry date of the Subscription. |
(1) With a minimum amount, depending on the currency used and available in real time on the following link: https://stripe.com/docs/currencies#minimum-and-maximum-charge-amounts
(2) Definition of “amount for the owner”: this is the amount that the owner receives for the reservation (amount of the reservation – the Spotiz commission).
IV.6.2. Cancellation of the reservation by the Spot Owner
Delay before the start time of the reservation | Cancellation conditions for the Driver | Cancellation Policy for the Spot Owner |
More than 72 hours | 100% of the reservation amount refunded or credited to the Spotiz wallet | No penalties |
From 72 hours to 24 hours | 100% of the reservation amount refunded or credited to the Spotiz wallet | Penalty of 5% of the amount(1) for the owner(2) debited to the owner’s Spotiz wallet. |
From 24 hours to the start time of the reservation | 100% of the reservation amount refunded or credited to the Spotiz wallet | Penalty of 10% of the amount(1) for the owner(2) debited to the owner’s Spotiz wallet. |
After the start time of the reservation | 100% of the reservation amount refunded or credited to the Spotiz wallet | Penalty of 25% of the amount(1) for the owner(2) debited to the owner’s Spotiz wallet. |
Subscription | 100% of the amount of the first payment is refunded if the owner cancels before the start date of the subscription. | The Spot Owner may only cancel a Subscription purchased prior to the Subscription start date. After this date, he cannot cancel a Subscription. |
(1) With a minimum amount, depending on the currency used and available in real time on the following link: https://stripe.com/docs/currencies#minimum-and-maximum-charge-amounts
(2) Definition of “amount for the owner”: this is the amount that the owner receives for the reservation (amount of the reservation – the Spotiz commission).
IV.6.3. Penalties for the spot owner
The amount of the penalties is a percentage of the amount (Cf. IV.6.2) that the owner collects on the reservation. The minimum amounts depend on the currency used and are available in real time on the following link: https://stripe.com/docs/currencies#minimum-and-maximum-charge-amounts
The amount of the penalties shall be debited directly from the Spot Owner’s Spotiz Wallet as soon as the Spot Owner cancels the reservation.
In the event that the Spot Owner owes the amount of penalties and the amount in his Spotiz Wallet does not cover these penalties, the Spot Owner undertakes to regularize his situation within 24 hours of the cancellation. Failing this, Spotiz reserves the right to suspend his Account, without prejudice to any other rights and remedies that Spotiz may have.
If the Spot Owner did not make the cancellation via the Spotiz application, the driver must contact Spotiz at the email address info@spotiz.com to declare the cancellation and have it validated by Spotiz with the Private Spot Owner.
If a cancellation after the reservation start time is repeated, Spotiz reserves the right to delete the Private Spot from the Application.
IV.6.4. Penalties in case of non-conformity of the Private Spot with the Advertisement
Upon the Driver’s arrival at the Private Spot, if the Private Spot does not correspond to the description made by the Spot Owner in the Advertisement (access, location, photos, etc.), the Spot Owner may be penalized for an amount equivalent to the reservation made by the Driver. Thus, Spotiz will debit the total amount of the reservation displayed to the concerned Driver from the Spot Owner’s Spotiz Wallet.
The Driver may inform Spotiz of such a situation by email to info@spotiz.com. If necessary, Spotiz will validate the refund of the amount of the reservation in question by Spotiz.
IV.7. Access to parking spots
When accessing the Spot, it is important to respect the rules of the road, the internal regulations of the Private Spots and the indications of the Spot Owners (cf. article IV.14. Rules of use of the Spots and Contraventions).
IV.7.1. Access to Private Spots
Access to Private Spots is detailed by the Spot Owners after the reservation. The conditions of access and exit, both by car and on foot, are under the responsibility of the Spot Owner and are detailed by the latter in the description of the Private Spot.
The terms of access to the Spot by car or on foot are not the responsibility of Spotiz, they are solely the responsibility of the Spot Owner. Spotiz shall not be held responsible for any access method that does not comply with the law (including but not limited to the following examples: a key box hanging on city street furniture, access code to a public parking lot).
The driver receives the access conditions (entry and exit, by car and on foot) to the private Spot in the reservation confirmation e-mail, and in the direction of the reservation in the section instructions
The license plate information in the User Area is mandatory to identify the Users present in the Car Park. In case of change of vehicle or use of other vehicles by a User, the latter must communicate the registration of all vehicles before accessing the Parking.
Refunds are provided for in Article “IV.6.4. Penalties in case of non-conformity of the Private Spot with the Advertisement” if the Private Spot was full or access was not possible when the Driver or Rider arrived at the Spot.
IV.7.2. Access to Street Spots
The availability of the Street Spot is not guaranteed. Neither by the Application, nor by the User having declared it. It is an indication of availability at a given moment, as the space may have been taken by another vehicle in the meantime. Spotiz declines all responsibility in case of unavailability of a Street Spot.
Access to the Street Spot is given once the User has connected to this indication with a GPS route via Google Map. Access and parking on the public road are also subject to the legal traffic conditions, and to the payment conditions in the locality in which the parking is located, which the User undertakes to comply with at all points and at all times.
IV.7.3. Access to the Electric Spots
The availability of the Electric Spot or the Charging Station is not guaranteed, either by the Application or, if applicable, by the User who declared the Electric Spot, which the User accepts and acknowledges. This is an indication of availability at a given time, as the Recharge Point may have been taken by another vehicle in the meantime. Spotiz declines all responsibility in the event of the unavailability of an Electric Spot. In addition, the User accepts and acknowledges that an Electric Spot is not intended to be used beyond the vehicle’s charging time
IV.7.4. Restriction of access to the parking lot
Access to GPL vehicles may be prohibited by some parking lot owners. If you are using this type of Vehicle, it is important to verify this information directly with the Spot Owner.
Drivers wishing to access the parking spaces must respect the size recommended by the Spot Owner for their Vehicle. Spotiz will not be held responsible for any damage to a vehicle that does not comply with this recommendation, or if the Vehicle cannot park in the reserved space. No refund will be made to the Driver in the latter case, which the Driver accepts and acknowledges without reservation.
IV.8. Payments
Spotiz is backed by secure online payment solutions. Among others with Stripe Connect for payments by Drivers to reserve their Private Spot, or for payments by Private Spot Owners following the reservations received.
Stripe Connect is a certified “payment institution” or “electronic money institution”. You can find the full terms and conditions of use of the Stripe platform at the following address: https://stripe.com/fr/legal#translation.
Razorpay is approved as a “payment institution” or “electronic money institution”. You can find all the general conditions of use of the Stripe platform at the following address: https://razorpay.com/terms/
IV.8.1. Indivisibility of these General Terms and Conditions and the payment system offered by our payment gateways
The use of the Application implies that the User agrees to communicate to our secure online payment partners (e.g. Stripe) the information necessary for identification and the payment he intends to make. This data is managed confidentially by Stripe, Ltd and not by Spotiz.
IV.8.2. Spotiz Wallet
The Spotiz Wallet on the Site allows you to:
The only operations that can be performed from or to a Spot Owner’s Spotiz Wallet are the following: reloading by credit card of his Spotiz Wallet; and transferring the electronic money available on his Spotiz Wallet by transferring it to his bank account under the conditions set forth herein, the indemnities received following a driver cancellation, and the penalties debited in the Spot Owner’s cancellation policy
The currency of the wallet is always the currency of the country where the user’s private spots are located. You may also be subject to bank charges from your bank on a transaction. These bank charges are not the responsibility of Spotiz, so the user can in no way ask Spotiz for any participation or compensation of these bank charges.
In order to validate a Private Spot reservation as a Driver, the Owner must have at least the corresponding amount in his Spotiz Wallet (including currency conversion), otherwise he must credit his Spotiz Wallet with at least the missing amount.
The User undertakes to:
A Spot Owner’s Spotiz Wallet cannot be overdrawn. The User has access to his balance and payment transaction history from his Spotiz Wallet and from the Transactions menu. The balance of the Spotiz Wallet will be displayed in the currency selected by the User in his profile and will be displayed at the current rate.
IV.8.3. Payment to pay for Private Spot reservations by the Driver
Since the reservation of the Private Spot on the Website, the Driver pays his reservation to validate his reservation.
Payments are always made in the currency of the country in which the Spot is located. If the user has chosen a different display currency in their profile, this will only show the prices in the selected currency. Payments are always made in the currency in which the private spot is located. You may also be subject to bank charges from your bank during a transaction. These bank charges are not the responsibility of Spotiz, so the user can in no way ask Spotiz for any participation or compensation of these bank charges.
Payment for a Subscription is made at the time of each reservation by the User. The User’s payment information will be stored by the secure Stripe Connect for Switzerland and France, or Razorpay for India. Each time the Subscription is due for renewal (week, month, year), the User’s account will be debited using the same payment information. Therefore, the User agrees to provide and maintain valid and up-to-date payment information for the duration of the use of the Application.
Spotiz sends a reservation confirmation to User with the paid reservation amount.
Nevertheless the payment of the reservation will be displayed in the application and in the Spotiz wallet in the currency selected by the User and with the conversion rate at the time of the transaction. This is a view for the User in the currency he has selected in his profile. Thus the User may be subject to bank charges by his bank if the Private Spot is located in another country than the bank payment currency.
It should be noted that transactions made as a Spot owner will always be made in the currency of the country in which the Spot is located, and will be displayed in the application in the currency of the country in which the Spot is located, which the User accepts and acknowledges.
IV.8.4. Payment for Private Spot reservations to the Spot Owner
The Private Spot Owner is credited to his Spotiz Wallet within 24 hours following the Date and Time of the reservation. The operation is automatic and the Spot Owner does not have to perform any operation on his side. For a Subscription reservation, the Spot Owner is credited on his Spotiz Wallet within twenty-four (24) hours following the Date and Time of the beginning of the Subscription subscribed by the User.
Spotiz transfers the amount of the Driver’s reservation deducted from the Spotiz commission to the Spot Owner’s wallet. The Spot Owner can find the details of these receipts and invoices in the Reservations menu of his private Spots.
If the Spot is located in a country managed in another currency than the one selected by the User, then the owner cannot use his Spotiz wallet, and must use a credit card.
IV.8.5. Payment to transfer money from his Spotiz Wallet to the User’s bank account
The Spot Owner uses the amount in his Spotiz Wallet for his own needs when he needs to find a Private Spot to park. Alternatively, the User can ask Spotiz to transfer part of the amount or the total amount in his Spotiz Wallet to his bank account. Transactions are made in the currency of the country where the Private Spot is located, so if the spot owner may be subject to bank charges. These bank charges are not the responsibility of Spotiz, so the user may not in any case ask Spotiz for any participation or compensation of these bank charges.
In his Spotiz Wallet, the User uses the “Transfer” function to make the transfer request. At the same time, he/she will see the status of previous transfer requests. Then he/she requests a new transfer, and selects the desired amount, as well as the bank account number for this transfer, then validates the transaction. The transaction with the status appears in the list of transfer requests.
As soon as the User receives the transfer request, Spotiz processes this request on average within 3 working days.
The time required to transfer funds to your Account will depend on the bank’s processing time for the transaction. It is usually done within a maximum of 7 days following the transfer request.
If the Spot Owner owes penalties due to the driver not accessing the Private Spot, full parking, services not equivalent to what was presented, etc., and the amount in his Spotiz Wallet does not cover these penalties, then the Spot Owner undertakes to credit his Spotiz Wallet with at least the amount of the penalties within 72 hours. Spotiz reserves the right to add charges beyond this time.
IV.9. Receipts and invoices
IV.9.1. For the Driver
Each Driver shall receive a receipt for each reservation including the address and company entered in his User profile, the date of the reservation, the name of the Private Spot, the name of the owner of the spot and the payment terms.
The details of the receipts are available in PDF format in the “My Reservations” menu and by clicking on the details of past Private Spot reservations. The Driver also receives his receipts by email at the time of booking.
The receipts are displayed in the currency of the country where the spot is located, because the banking transaction is performed in that currency.
IV.9.2. For the Spot Owner
Each Spot Owner has a receipt for the reservation concerned, and an invoice for the amount of the Spotiz commission with the corresponding taxes. The Spotiz commission amount is collected directly by Spotiz from the reservation amount.
Spotiz transfers the amount of the Driver’s reservation deducted from the Spotiz commission to the Spot Owner’s wallet. The Spot Owner can find the details of these receipts and invoices in the Reservations menu of his private Spots. Receipts and invoices will be displayed in the currency of the country in which the Spot is located.
IV.10. Policy on Rating(s), Notification(s) and Comment(s)
IV.10.1. After the completion of a reservation, Drivers may leave a public comment (the “Comment” or “Comments”) and a star rating (the “Rating” or “Ratings”) about the Declarer for Public Roadside Spots and the Private Spot they used. The Ratings and Comments reflect the opinions of individual Users and not Spotiz. Ratings and Comments are not verified by Spotiz prior to publication and may be unfounded or misleading. Spotiz reserves the right, in its sole discretion, to remove ratings that do not comply with the rating policy.
IV.10.2. Ratings and Comments left by Users must be truthful and must not contain abusive or defamatory language. Ratings and Comments are also subject to Section 5 hereof and must comply with the Content Policy IV.
IV.10.3 Users are prohibited from manipulating the Ratings and Comments system in any way, for example by having a third party write a positive or negative Comment about another User. Comments written by competitors (e.g., companies operating in the same market or for competing listings) with the intent to dissuade others from booking those listings or to limit the attractiveness of other listings, are not permitted. Failure to comply with these rules may result in restriction of use, suspension or termination of your Spotiz Account.
IV.10.4. Ratings and Comments are part of a User’s public profile and may also be displayed elsewhere on the Spotiz Platform along with other relevant information, which User agrees and acknowledges.
IV.10.5. Users can verify the information of an Electrical Spot added by a User. To do so, they can send a notification about this Electric Spot to Spotiz. The User undertakes to make its best efforts to provide Spotiz with objective and accurate notifications.
IV.11. Rounding management
The Site manages calculations on rates, payments, currencies, and currency conversions. Regarding rounding rules,
Spotiz rounds calculations, prices, payments, currencies, and currency conversions to the next higher tenth when the thousandth is greater than or equal to 5; and to the next lower hundredth when the thousandth is less than 5. For example: 6.667 will be rounded up to 6.67, and 6.664 will be rounded down to 6.66, which the User accepts and acknowledges without reservation.
IV.12. Taxes and revenues
As a Spot Owner, you are responsible for determining your obligations to declare, collect and pay taxes and revenues, to the exclusion of any responsibility of Spotiz in this regard. In this respect, the Site provides all the necessary documents for these declarations in the currency of the country where the Private Spot is located.
In this regard, the User agrees and acknowledges that Spotiz and its subsidiaries, officers, directors, employees, agents, subcontractors and suppliers are not engaged in providing legal advice, tax optimization, support in case of control by tax authorities, auditing services, accounting, legal advice or other professional services or expertise and are not responsible for the way the Platform is used, and for the exploitation of the results obtained by the User during the use of the Services by him/her and for any decision the User might make on the basis of the use of the Services by the Client.
Tax regulations may require us to collect relevant tax data about Spot Owners.
IV.13. Insurance
The Driver agrees that his vehicle is validly covered by automobile insurance with a reputable company for the duration of his registration.
The Spot Owner agrees that his parking space is validly covered by insurance from a reputable company for the duration of his registration.
Spotiz shall not be liable for any failure to comply with these obligations, and shall not be liable for any dispute arising directly or indirectly from the agreement between the Spot Owner and the Driver to which Spotiz is not a party.
IV.14. Rules of use of the Spots and fines
IV.14.1 Rules for using the Spots
The Driver is subject to the rules of parking on the public road by the highway code and the local parking rules in force; and in the private Spots by the internal rules in force and the indications of the Spot Owner.
The Driver agrees to:
IV.14.2. Contraventions
If the Driver does not obey these rules, he/she may be fined. Spotiz cannot be held responsible for these fines and their payment. Only the Driver is concerned by these parking rules of parking spot owners.
Spotiz declines all responsibility and the Driver agrees never to hold Spotiz responsible for any loss or damage that the Driver may suffer as a result of:
By posting content on the Site, Users agree to abide by these rules. Spotiz reserves the right to remove any content, in whole or in part, that does not comply with these rules, our Terms and Conditions, our Comment Policy, or for any other reason, at Spotiz’s sole discretion.
In the case of repeated or particularly serious violations, Spotiz may immediately and permanently suspend or deactivate the User’s Account(s).
You may report content directly or contact us to report any content that would constitute a breach of these rules at info@spotiz.com.
The following types of content are never allowed on the Spotiz Site :
The breaches of our rules listed below are specific to certain types of content:
– Ad titles that include information other than the type of parking, its style, or the general location of the parking lot (not directly locating it).
– Ad titles containing symbols or emoticons.
– Private Spot descriptions or Comments on a Roadside Spot that present fraudulent, false, misleading or deceptive information.
– How to access the Spot by car or on foot is not the responsibility of Spotiz, it is solely the responsibility of the Spot Owner. Spotiz shall not be held responsible for any mode of access that does not comply with applicable laws or regulations..
– Comments that violate the rules applicable to the Content set forth above or that demonstrate bias or direct competition.
– Comments that contain no relevant information about a User or a Private Spot will be deleted. Comments that contain primarily irrelevant information may also be deleted, but only when the other relevant information is not likely to help the community make more informed booking decisions.
– If a URL from the Site or Application is included on another site, it must be linked to the Site to promote it, and must not compete with Spotiz.
Users can communicate with each other in several ways:
In keeping with these basic principles, Users must abide by the following rules when describing the Spots, commenting on them, and when making contact by phone or on the Spots. Users agree not to:
If a Spot description or a particular comment includes language that is contrary to this User Communication Policy, Spotiz may, in its sole discretion, suspend access to the Spotiz Site of the User concerned.
If a Spot Owner rejects Users on discriminatory grounds, Spotiz may suspend the Spot Owner’s access to the Platform and the Spotiz Site, without prejudice to any other rights and remedies that Spotiz may have.
VII. Responsibility
VII.1 General
It is expressly agreed between the Parties that Spotiz, acting as a service provider, is only bound by an obligation of means under these General Conditions.
Spotiz’s liability towards the User can only be sought in the event of a proven contractual breach committed in or during the execution of the services for which it is responsible under the General Conditions.
Spotiz cannot be held responsible for indirect damages suffered by the User.
VII.2. Limits
SPOTIZ’S CONTRACTUAL AND STATUTORY LIABILITY FOR ANY DAMAGES CAUSED BY SLIGHT NEGLIGENCE, REGARDLESS OF ITS LEGAL BASIS, SHALL BE LIMITED AS FOLLOWS: (i) SPOTIZ SHALL BE LIABLE TO THE EXTENT OF TYPICAL FORECAST DAMAGES FOR THIS TYPE OF CONTRACT RESULTING FROM BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS; (ii) SPOTIZ SHALL NOT BE LIABLE FOR ANY NON-ESSENTIAL CONTRACTUAL OBLIGATION, NOR FOR ANY OTHER MERE NEGLIGENCE OBLIGATION.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY LIABILITY RULES IMPOSED BY LAW OR TO LIABILITY FOR PERSONAL INJURY CAUSED BY WRONGFUL ACTS. FURTHERMORE, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT THAT SPOTIZ PROVIDES A SPECIFIC WARRANTY.
THE FOREGOING APPLIES ACCORDINGLY TO SPOTIZ’S LIABILITY FOR UNNECESSARY EXPENSES.
YOU ARE RESPONSIBLE FOR TAKING ADEQUATE MEASURES TO PREVENT AND LIMIT DAMAGES.
FOR PURPOSES OF THIS CLAUSE VII, “SPOTIZ” INCLUDES SPOTIZ, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, MANAGERS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AGENTS AND DIRECTORS.
YOU AGREE TO INDEMNIFY SPOTIZ, DEFEND SPOTIZ, AND WAIVE SPOTIZ’S LIABILITY FOR ANY FINES, PENALTIES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS (INCLUDING REASONABLE LEGAL FEES) ARISING, DIRECTLY OR INDIRECTLY, OUT OF, RELATING TO, OR ATTRIBUTABLE TO (I) YOUR NEGLIGENT OR INTENTIONAL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS; (II) YOUR NEGLIGENT OR INTENTIONAL BREACH OF THESE TERMS; (III) ANY NEGLIGENT OR INTENTIONAL MISREPRESENTATION IN CONNECTION WITH CONTENT AND INFORMATION YOU PROVIDE DIRECTLY OR INDIRECTLY THROUGH THE APP ; (IV) ANY DEATH OR PERSONAL INJURY TO ANY PERSON AND ANY DAMAGE, LOSS OR DESTRUCTION OF ANY REAL OR PERSONAL PROPERTY ARISING OUT OF YOUR NEGLIGENT OR WILLFUL USE OF THE SERVICES IN VIOLATION OF THESE TERMS; AND (V) ANY FINES OR OTHER PENALTIES ARISING OUT OF YOUR NEGLIGENT OR WRONGFUL USE OF THE SERVICES IN VIOLATION OF THESE TERMS – YOUR OBLIGATION TO INDEMNIFY SPOTIZ SHALL SURVIVE THE TERMINATION OF THESE TERMS AND ANY CANCELLATION, TERMINATION OR SUSPENSION OF THE SERVICES.
IN ANY EVENT AND REGARDLESS OF THE BASIS OF SPOTIZ’S LIABILITY, DAMAGES AND ANY REPARATIONS OWED BY SPOTIZ TO THE USER, REGARDLESS OF THE CAUSE OR CAUSE OF ACTION, SHALL NOT EXCEED A FLAT FEE OF ONE HUNDRED (100) EUROS.
VII.3 Guarantees
Spotiz does not warrant that the Solution will meet all of the User’s requirements, nor that it will be continuously available without interruption, or without bugs or errors. The User agrees and acknowledges that Spotiz shall not be liable for any damages that may arise from the inability to use the Services.
Similarly, Spotiz does not guarantee the proper functioning of the Solution in the event of a fault attributable to the User, to a third party or to any other fact external to Spotiz.
Spotiz is not bound by any performance commitments or improvement obligations with respect to the operation of the Solution. Spotiz reserves the right, at its discretion, to temporarily suspend access to its Services for technical or maintenance reasons, hardware or software upgrades, emergency repairs or as a result of circumstances beyond Spotiz’s control, including but not limited to the following causes: failure of telecommunications links and equipment, power failure. These suspensions and interruptions will not, under any circumstances, entitle the User to any compensation, which the User accepts and acknowledges without reservation.
Due to the nature of the Services offered by Spotiz, the User does not benefit from the warranty of hidden defects or the legal warranty of conformity.
The content posted on our site is provided without any warranty, condition or assurance as to its accuracy and is provided “as is”. To the extent permitted by law, We hereby expressly exclude all conditions, warranties and other terms that might otherwise be implied by any law, regulation, statute, common law or equity.
VII.4 Third party services
The Spotiz Site or Application may include or contain links to third party websites, applications, services or resources (“Third Party Services”) that are subject to different terms and privacy practices. Spotiz is not responsible for any aspect of these Third Party Services and links to these Third Party Services are not an endorsement.
For available Electric Spot locations, data is provided by Third Party Organizations via the following resources (as of December 23, 2021):
These web services and data provided via API feed the Spotiz application and provide the Users with visibility of the electrical spots available on the Application. Spotiz therefore disclaims any responsibility for content provided by third parties or third party Services, which the User accepts and acknowledges without reservation.
Furthermore, the User accepts and acknowledges that Spotiz:
Spotiz cannot be held responsible in any way for the actions of third parties (partners, other users, etc.). In this respect, the following are notably excluded from any liability of Spotiz:
VIII. Dispute Resolution
Any questions, complaints or comments regarding the Services and their use should be sent to the following email address: info@spotiz.com, or by mail to the following address Spotiz SA, 88 rue ancienne, 1227 Carouge, Switzerland.
Any difficulty relating to the interpretation or execution of the present General Conditions will fall under the exclusive competence of the courts of the jurisdiction of the Court of Appeal of Paris, including in the case of an appeal in warranty, of a plurality of defendants or of summary proceedings.
In the course of providing and performing the Services, Spotiz may have access to Personal Data. Spotiz may thus be required to process data for the purpose of providing the Services and for the entire duration of the Contract in accordance with Article X of these General Conditions and the Privacy Policy available at: https://spotiz.spotization.com/privacy-policy/.
These Terms and Conditions shall apply to you for the duration of your use of the Platform and thereafter with respect to the obligations related to our Privacy Policy.
You may terminate this Agreement at any time by sending an email to info@spotiz.com or by deleting your Account from your User Area in the Application.
Upon termination for any reason, all rights of use granted hereunder shall immediately cease and the User’s User Space in the Application shall be closed.
Any payment obligation that may arise from a Service performed or in progress prior to termination shall remain due and payable by the User under the conditions defined above. Thus:
Termination of the Contract entails the obligation for the User to vacate the space where his vehicle is still parked no later than:
In addition, it is the User’s responsibility to verify, at his own expense and before deleting his Account, whether his Wallet is in credit. If so, the User accepts and acknowledges that he/she is solely responsible for transferring this money to his/her bank account, to the exclusion of any responsibility on the part of Spotiz. Failing this, the User will no longer be able to do so and will no longer have access to the funds in question. Spotiz shall have no liability for the deletion of a credit account by the User who is still in credit and shall have no obligation to assist in the recovery of said funds, which the User accepts and acknowledges without reservation.
Without limiting our rights specified below, Spotiz may terminate this Agreement for convenience at any time by notifying you by email at the address listed on your Spotiz Account and upon thirty (30) days notice.
Spotiz may immediately terminate this Agreement and/or cease to provide You with access to the Site if (i) You have breached Your obligations under these Terms and Conditions, or (ii) You have violated applicable laws and regulations or the rights of third parties, or (iii) You have engaged in fraudulent conduct, without notice or judicial or other formality and without prejudice to any other rights or actions, including without limitation, to seek any damages Spotiz may be entitled to.
In addition, Spotiz may take any of the following actions (i) to comply with applicable law, court order, or requests of the police, judiciary or other public agencies or government bodies, or if (ii) you have violated these Terms and Conditions, applicable laws and regulations or the rights of third parties, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information when creating the Spotiz Account, creating the Ad or subsequently (iv) you and/or your Ads do not meet the quality or eligibility criteria at any time, (v) you have received poor Ratings or negative feedback, or Spotiz is otherwise informed or receives complaints about your performance or behavior (vi) you have repeatedly cancelled confirmed reservations or failed to respond to reservation requests without legitimate reason, or if (vii) such action is necessary to protect the safety or property of other Users, third parties, or Spotiz, or to prevent fraud or other illegal activities:
If Spotiz decides to or is required to implement any of the measures described above, the User will not receive any compensation for pending or cancelled reservations, which the User accepts and acknowledges without reserves.
Upon receipt of an email from you requesting Spotiz to delete your User Account, we will terminate your registration, or you may do so directly from the Spotiz application in your profile. We reserve the right to terminate your registration immediately and without notice if we believe that you have violated these Terms and Conditions. Termination of the service includes the termination of all related services.
Upon request for deletion, the User’s Content will undergo a deletion process designed to render it unusable, unless European Union law or French law requires and legally imposes the retention of certain data, which may include personal data.
XII. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with French Law.
As a consumer, you may bring any legal action relating to these Terms and Conditions before the competent court of your place of residence or the competent court in Paris, France.
If Spotiz wishes to enforce any of its rights against you as a consumer, it may only do so in the courts of your jurisdiction. If you are acting as a legal entity, you accept the exclusive jurisdiction of the courts of Paris, France..
XIII. General provisions
These Terms and Conditions and the Privacy Policy that complements them constitute the entire agreement between Spotiz and the User. They govern access to and use of the Spotiz Platform to the exclusion of all other documents.
No joint venture, partnership, employer-employee or principal-agent relationship exists between the User and Spotiz as a result of the application of these Terms and Conditions or use of the Site.
If any provision of these Terms and Conditions is found to be invalid, void or unenforceable, such provision shall be struck out without affecting the validity and enforceability of the remaining provisions.
Spotiz’s failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users are prohibited from assigning, transferring or delegating the rights and obligations under these Terms and Conditions without the prior written consent of Spotiz.
You acknowledge that We may transfer our rights under these Terms and Conditions (and any related claims) to any third party without having to obtain your prior consent. You acknowledge and agree that Spotiz may so assign, transfer or delegate this Agreement and any of its rights and obligations under these Terms and Conditions without restriction and at its sole discretion upon thirty (30) days prior notice by any means.
Unless otherwise specified, all notices or other communications to Users permitted or required hereunder shall be made electronically and delivered by Spotiz by e-mail, Site notification or its courier service, at Spotiz’s discretion.
You agree that your right to access and use the Services is also subject to applicable law and any rules or policies enforced by the applicable Store from which you access the Application.
If you have any questions regarding these Terms and Conditions, you may contact us by email at: info@spotiz.com.
All Right Reserved 2025 © Spotiz.
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