General Terms and Conditions of Business for Users Registered as
Truck Parking Area or Service Operators
Truck Parking Area Chain Operators

These are the general terms and conditions of business (hereafter : “terms and conditions”) for the use of the websites www.truckinform.eu and www.truckinform.com and the sub-domains associated with these domains (collectively hereafter : “Truckinform website”). The following general terms and conditions of business govern the legal relationships between Move & Park, Seestrasse 64, 8942 Oberrieden, Switzerland (hereafter “Move & Park”) on one side, and the parking space operators who register on the Truckinform website. These terms and conditions are supplemented by a disclaimer and the “Legal Statement” as well as regulations defined outside of the terms and conditions which are declared binding by these terms and conditions.

1. Service description

Under the name Truckinform, Move & Park operates an online parking space reservation system. Through this parking space reservation system, third parties can call up information about parking space operators and reserve a parking space operator’s parking spaces using online booking. The Truckinform website offers parking space operators the technical possibility of registering as users and using the framework of the Truckinform website, made available by Move & Park, to publish themselves information about their parking space business. 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. For the rental of parking spaces, Move & Park’s agency contract also applies. If the user concludes an agency agreement with Move & Park concerning the brokerage of parking spaces through the Truckinform website, the clauses of the agency agreement remain reserved.

2. Scope

For registration on the Truckinform website as a parking space operator and the rental of parking space via the Truckinform website, these general terms and conditions of business apply exclusively, in the form published on the Truckinform website.

The parking place operator confirms these terms and conditions upon registration and every time he changes his personal profile or the location and services information. 

Move & Park reserves the right to make changes to these terms and conditions at any time and without giving a reason, and always to publish them in their up-to-date form on the Truckinform website.

3. Registration and user profile

Registration is a precondition for using the services of the Truckinform website as a parking place operator. The registration is free of charge. It is performed by opening a user profile and agreeing to these terms and conditions, among other things. On registering, an agreement is formed between Move & Park and the user relating to the use of the Truckinform website. (“user agreement” in what follows). There is no entitlement to conclude a user agreement. The data requested on the Truckinform website during registration is to be entered fully and correctly, 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.

Move & Park reserves the right to delete user profiles.

4. Location and service information

Location and service information is the basis for the reservation service described in section 1 but serves also as a standalone piece of information for the users of www.truckinform.eu,

M&P does not take any responsibility for the correctness of the data provided; this lies entirely with the parking place operator or anyone maintaining the truck parking area data on his behalf.

Data which was only entered by Move & Park is marked by a black flag on the map. The data has been taken from printed and other sources and it has been edited faithfully. Once the parking place operator has edited the data about his parking area the flag turns to blue colour and Move & Park considers that the operator has quality-checked his entire data content.

The parking place operator agrees that the data provided about his parking area may be distributed in electronic format and printed media by Move & Park.

5. 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.

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 or to write to Move & Park asking for such cancellation.
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. Intellectual property rights

Each party fully retains the entirety of the intellectual property rights to which they are entitled, in particular all patent, design, copyrights, personal, name and company rights as well as the rights to their know-how. Except as otherwise provided for in this contract, neither party grants the other party a right to use their own intellectual property without express written agreement given in advance.

For the duration of this contract, the user grants Move & Park limited non-exclusive rights to use its trade names, trademarks, product symbols as well as other symbols and product descriptions (hereafter referred to as “contract-related marks”). This authorisation is only to be used by Move & Park within the scope of this contract and exclusively for information purposes. The authorisation is granted free of charge.

Move & Park may not change, counterfeit or in any other way modify the contract-related marks without the written approval of the user.

8. Limitation of liability

Move & Park is liable for damages, except in the case of violation of substantial contractual obligations, only if and insofar as Move & Park, its legal representatives, managerial employees or other proxies are at fault deliberately or through gross negligence. In the case of violation of substantial contractual obligations, Move & Park is liable for the culpable conduct of its legal representatives, managerial employees or other proxies. Move & Park is not liable for force majeure or for system errors or outages caused deliberately or by gross negligence.

9. 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.

10. 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.

11. 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