Transparency Charter
YESPARK, SAS with a capital of 1,572 euros, whose registered office is located at 10 rue de Penthièvre - 75008 Paris and registered with the Paris Trade and Companies Register under number 801 558 495, is an online platform operator that offers a public communication service consisting of (i) ranking and referencing, through computer algorithms, parking spaces on the Site and the Application by means of listings (hereinafter "Listings"), as well as (ii) connecting Users and parking spaces for the provision of the Service, in accordance with article L. 111-7 I of the Consumer Code.
Yespark has established this charter to enhance the transparency of the Services offered on the Platform to Users falling within the category of consumers as defined by consumer law (the "Transparency Charter"). The Transparency Charter complements the terms of use of the Platform (the "T&Cs") available here: https://www.yespark.co.uk/terms-of-use and the privacy policy (the "Privacy Policy") available here: https://www.yespark.co.uk/privacy-policy.
All terms beginning with a capital letter in the Transparency Charter must be understood in the same sense as those defined in the T&Cs and/or the Privacy Policy.
- The publication of Listings
- The contract concluded by the User with Yespark
- Reviews
- Procedures for opposing telemarketing
- Dispute resolution procedures
The publication of Listings
Who are the owners of the Locations subject to Listings?
Any legal or natural person, whether an individual or professional, owning a parking space (hereinafter the "Owner"), may request Yespark to list this space on the Platform.
Subject to meeting the eligibility criteria defined by Yespark and formalizing a contract between Yespark and the Owner, the Location will be listed on the Platform in the form of a Listing.
What are the reasons for the removal or suspension of a Listing?
A Listing may be removed for the following reasons:
- Decision made by mutual agreement between the owner of the relevant Location and Yespark for reasons including operational, technical, and/or legal obstacles to making the Location available;
- Termination of the contract between the owner of the Location and Yespark, for any reason whatsoever.
A Listing may be suspended for the following reasons:
- Temporary closure of the Parking facility where the Location is situated;
- Decision made by mutual agreement between the owner of the relevant Location and Yespark for reasons including temporary operational, technical, and/or legal obstacles to making the Location available.
What are the criteria and procedures for ranking Listings?
Listings in search results are ranked according to the criterion defined by the User:
- by proximity to the entered address, or
- by increasing price.
In certain geographical areas, Parking facilities may be temporarily highlighted for various reasons, particularly in cases of greater availability over a certain period, or the opening of a new Parking facility.
In such cases, the indication "featured" appears at the top of the result.
Other factors may occasionally and minimally affect the ranking of a facility.
The contract concluded by the User with Yespark
What is this contract?
The User contractually commits to Yespark by accepting:
- the Yespark T&Cs governing the use of the Platform;
- the Yespark GTC governing the provision of Offers offered by Yespark;
- specific conditions, if applicable.
The holder of a Yespark account, who is not a User, commits to Yespark by accepting the Yespark T&Cs governing the use of the Platform.
The User is required to comply with the terms of these documents throughout the duration of their personal account and the Subscriptions and Reservations subscribed to.
What is the price paid by the User?
The price paid by the User to Yespark (hereinafter the "Price") corresponds to the total cost of the parking right at the Location and the services provided to the User.
The Price is broken down as follows:
- The cost of the parking right granted to the User;
- Service fees: these fees cover, in particular, payment management costs, various fees to ensure the security of User payments and data, service costs, costs of paid options and Additional Services offered to Users, etc. The amount of these service fees, which depends in particular on the type of Parking facilities and Locations concerned as well as the cost of the parking right, is duly mentioned at the time of subscription and will be clearly indicated on their invoices.
In addition, depending on the typology of the Locations and their location, the payment of a security deposit may be requested by Yespark, under the conditions set out in the GTC. Yespark also reserves the right, in accordance with the GTC, to charge penalties to the User in case of breaches thereof.
What are the payment terms for the Price?
Subscriptions subscribed to on the Platform by Users falling under the Consumer Code are payable in advance by credit card (Visa, American Express, and MasterCard are accepted).
An electronic or mobile invoice is available to the User on the Platform.
Online payment for Services is made via the secure remote credit card payment system "Stripe" ,which is based on the use of SSL encryption and data transfer technology. All information collected during remote payment transactions is immediately encrypted and recorded, 24 hours a day, 7 days a week. The User is informed that the provisions relating to the possible fraudulent use of their credit card are those resulting from the agreement concluded between the User and the issuing bank of said credit card, and that YESPARK is in no way responsible for any problems related to payment.
In the event of payment difficulties, the Yespark General Terms and Conditions governing payment incidents and breaches of contractual provisions will apply.
Reviews
How to submit a Review?
Reviews collected by Yespark (hereinafter the "Reviews") come from Users and are obtained from:
- ratings and evaluations of Users provided by them in a satisfaction questionnaire sent by Yespark;
- the Trustpilot platform specialized in collecting reviews.
No financial compensation is provided to Users by Yespark in exchange for the submission of a Review or satisfaction questionnaire on the Yespark site.
Each User assigns, free of charge and exclusively, all rights of reproduction, representation, translation, use, exploitation, adaptation, and distribution of the Reviews they submit.
How are Reviews classified?
Reviews are published in chronological order, from most recent to oldest.
How are Reviews moderated?
The moderation of Reviews aims to ensure their compliance:
- with French law,
- with the Platform's T&Cs, and
- with the Charter.
Based on the assessment of the compliance of Reviews, they are either published, rejected, or deleted.
What are the reasons for rejecting Reviews?
Reviews whose content is defamatory, insulting, defamatory, denigrating, racist, homophobic, pedophilic, obscene, indecent, misleading, intimidating, threatening, advocating crimes against humanity, inciting harassment, making accusations, or which in general would violate public order, good morals, respect for privacy, the rights of third parties, or the laws and regulations in force, are strictly prohibited.
Reviews may be rejected/deleted when they disclose personal data, insert hyperlinks, or if their content is of an advertising or commercial nature.
Reviews must also comply with basic rules of politeness and etiquette. Reviews must be written in French in a clear and understandable manner.
What is the publication and retention period for Reviews
Reviews are retained until the User requests the deletion of their personal account.
If you wish to delete or modify a Review, you must contact the email address [email protected]. Your request will be granted provided it is justified.
Procedures for opposing telemarketing
The User is informed of the existence of a telemarketing opposition list on which they can register at the following address: https://www.bloctel.gouv.fr.
Dispute resolution procedures
In the event of a dispute concerning the interpretation or execution of the Transparency Charter, the T&Cs, or the Privacy Policy, the Parties undertake to seek an amicable solution.
Any User who is a consumer within the meaning of consumer law may, if necessary, submit their complaints to the online dispute resolution platform established by the European Commission accessible here.
In accordance with Article L.611-1 of the Consumer Code, the consumer User also has the option, in the event of a dispute, to resort to the mediation procedure, after the failure of an amicable settlement attempt made directly to Yespark at the following email address: [email protected].
The consumer mediation body to which Yespark belongs is the Association of European Mediators (AME CONSO).
The consumer mediation body must be contacted within one year from the written complaint addressed to Yespark:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
- or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
Finally, and in accordance with the rules of material and territorial jurisdiction, any dispute that could not be resolved amicably will fall under the jurisdiction of the courts of the place of conclusion of the contract or the occurrence of the damage.