General Terms and Conditions of Business for Users Registered as Truck Drivers and Dispatchers

GENERAL TERMS AND CONDITIONS OF BUSINESS RELATING TO THE USE OF THE TRUCKINFORM INFORMATION AND RESERVATION SYSTEM OF MOVE & PARK.

1. Service description

Move & Park, Seestrasse 64, 8942 Oberrieden, Switzerland (hereafter “Move & Park”) operates a parking space reservation system through the websites www.truckinform.com and www.truckinform.eu and the subdomains associated with these domains (collectively hereafter : “Truckinform website”). Using this parking space reservation system, third parties can call up information about  parking space operators and book a parking space operator’s parking spaces via online reservation. In principle, the user-published content on the Truckinform website is not checked by Move & Park and does not represent the opinion of Move & Park.
Move & Park makes the reservations on the user’s behalf as an agent of the respective parking space operator. The parking space contract is formed between the parking space operator and the user, and the general terms and conditions of the parking space operator apply to it.

2. Scope

For the use of the services of Move & Park in connection with the Truckinform website, these general terms and conditions of business (terms and conditions) apply exclusively, in the form currently published by Move & Park on the Truckinform website.
These Move & Park general terms and conditions of business, as well as those regulations defined outside of the terms and conditions which are declared binding within the terms and conditions, in particular the privacy policy and the conditions of use, regulate the rights and obligations related to the use of the Truckinform website.

The user confirms these terms and conditions upon registration and every time a reservation is carried out on the Truckinform website.

3. Contract formation

The parking space reservation details on the Truckinform website do not represent an offer in the sense of the Swiss law of obligations, only an invitation for the user to make an offer. The user transmits his complete offer to Move & Park via the Truckinform website. The contract concerning the reservation of a parking space is only formed when the offer is explicitly accepted by Move & Park. For this purpose, Move & Park will transmit an acceptance confirmation to the email address specified by the user in the reservation.

4. Subject matter and scope of the user agreement

Move & Park makes the functions described in section 1 available to users of the Truckinform website. The user’s entitlement to use the Truckinform website and its functions exists only within the limitations of current technology.
Move & Park will restrict its services temporarily if this is required in respect of capacity limits, security, or server integrity or to implement technical measures, and when this will contribute to orderly or improved service performance (maintenance operations). In these cases, Move & Park will take into account the legitimate interests of the users, for example through advance information.

5. Registration and user profile

Registering as a user is a pre-condition for using the services of the Truckinform website. Registration is free. It is carried out by opening a user profile while agreeing to these terms and conditions, among other things. On registering, an agreement is formed between Move & Park and the user concerning the use of the Truckinform website (hereafter the “user agreement”). There is no entitlement to conclude a user agreement.
The information asked for during the Truckinform registration is to be provided fully and truthfully, in particular the forename and surname of the authorised representative, the company, its current address and telephone number as well as a valid email address.
The registration may only be performed by a natural person who is an authorised representative, and who must be mentioned by name. During the registration, only individuals may be specified as owners of the user account.
If the data supplied during registration changes, the user is obligated to immediately correct the information in his user profile. The email address selected during registration is also the user name. The user name may not infringe the rights of third parties – in particular naming or trademark rights – and may not offend against common decency.
The user must keep his password secret and carefully secure access to his user account. The user is obligated to inform Move & Park immediately if there are indications that a user account has been misused by third parties.

In principle, users are liable for all activities undertaken through the use of their user account. If the user is not responsible for the misuse of his user profile, the user is not liable, as there is then no infringement of the existing duty of care.

The user is herewith informed that

  1. His e-mail address is visible to the operator of the truck parking area for which he has made a reservation
  2. His e-mail address may be visible to dispatchers (if he is a driver) or to drivers (if he is a dispatcher) during an affiliation process
  3. the mobile phone number that a driver enters in his personal profile is visible to affiliated dispatchers when they make a reservation on his behalf

6. Sanctions, suspension and cancellation

Move & Park can take the following steps when there are concrete indications that a user is violating legal provisions, the rights of third parties or the Move & Park terms and conditions, or if Move & Park has another legitimate interest, in particular protecting its users:

  • Warning users
  • Restricting the use of the Truckinform website
  • Temporary suspension
  • Permanent ban

In deciding on the measure to take, Move & Park will take into account the legitimate interests of the user concerned, in particular whether indications exist that the user is not responsible for the violation.

Move & Park can block a user from using the Truckinform website outright (permanent ban), if

  • He has supplied false contact details,
  • He harms other users of the Truckinform website or Move & Park in a significant way, in particular by misusing the Move & Park services,
  • Other good cause exists.

After a user has been permanently banned, there is no entitlement to have the locked account reactivated.

Users can cancel this user agreement at any time. To declare this cancellation, it is sufficient for the user to delete his user profile.
Move & Park can cancel the user agreement at any time with a notice period of 14 days to the end of the month. The right to lock the account remains unaffected by this.

7. Reservation

The reservation of parking places may only be performed by corporate members. When the user concludes a reservation, he affirms and guarantees that he is authorised to accept the terms and conditions of Move & Park in his own name and in the name of his client.
The important information supplied during reservation must be complete and truthful. The reservation of a parking space via the Truckinform website implies only a permission to store the user’s heavy good vehicle on the land of the parking space operator intended for that purpose. Services beyond that, such as monitoring or safekeeping by the parking space operator, as well as the information on the Truckinform website relating to the parking space operator’s infrastructure, are not part of the agreement.

8. Changing bookings, cancellation, no-show and lateness

When the user wishes to cancel or change the reservation (altering the reservation, cancelling the parking space reservation) or if the user does not appear at the parking place operator’s site at the time agreed, or does not leave the parking place after the time reserved has expired, the general terms and conditions of business of the parking place operator concerned apply, and charges may result.

9. Prices

9.1 General

The prices shown on the Truckinform website are inclusive of statutory VAT.

9.2 Reservation fee

Making a reservation by using the services of the Truckinform website is free of charge. However, Move & Park reserves the right to ask for a fee for this service in future.

9.3 Parking place charge

The charge for a parking space is defined by the user and varies from one parking space operator to another.

10. Exclusion of Move & Park’s liability

Guarantee claims concerning the use of the parking spaces arranged by Move & Park exist only in relation to the respective parking space operators. Move & Park assumes no liability whatsoever, neither for negligence nor for material, personal or other property damage in connection with the use of the parking spaces. In particular, Move & Park excludes any liability for damages caused by cancellation, faulty organisation or refusal of entry to the parking space by the parking space operator. Other claims, in particular claims for damages or claims for lost profits, are excluded, insofar as the damages are not caused deliberately or through gross negligence by Move & Park or its proxies. The user acknowledges and agrees that the respective provisions and conditions of use of the parking space operator apply.

11. Changes to these terms and conditions

Move & Park reserves the right to change these terms and conditions at any time without giving a reason. The current terms and conditions can be looked into any time on the Truckinform website.

12. Applicable law and place of jurisdiction

The general terms and conditions of business are subject to Swiss material law.

For any legal dispute against Move & Park, the courts in Geneva, Switzerland have jurisdiction.

13. Severability clause

Should individual clauses of these terms and conditions be invalid and/or ineffective, in whole or in part, the validity and/or effectiveness of the other clauses remains unaffected. The invalid and/or ineffective clauses will be replaced by ones which, in business sense and purpose, come as close as possible to the invalid and/or ineffective clauses in a legally effective manner. The same applies to any possible loopholes in the provisions.

18 December 2012

Move & Park
Seestrasse 64
8942 Oberrieden
Switzerland