General Terms and Conditions of Sale and Use

About our company

In these general terms and conditions of sale, the site https://www.brefvoituriers.com will be referred to as "this site".

In the general conditions of sale will be called «The Company»: Bref Voituriers.

The customer acknowledges having read our general terms and conditions of sale at the time of ordering.

These terms and conditions govern sales to private individuals on the https://www.brefvoituriers.com website.

General conditions BREF VOITURIERS

Article 1. Definitions

a. BREF VOITURIERS: Service provider and user of these general terms and conditions.
b. The Customer: Any natural or legal person who negotiates the conclusion of a contract with BREF VOITURIERS and/or concludes an agreement with BREF VOITURIERS concerning the purchase of a parking service by the Customer from BREF VOITURIERS .
c. Platform: a third party website on which BREF VOITURIERS' service(s) are offered.
d. The Parking Contract: The agreement between the Parties whereby BREF VOITURIERS, on behalf of the Customer, takes possession of, parks and delivers the Customer's Vehicle against payment of the charges.
e. The Parking Period : The period during which the Customer's Vehicle is parked. This is the period between the start date and time (including this date) and the end date and time (including this date) of parking.
f. Car park: Parking area or garage with associated spaces and grounds intended for the parking of Vehicles.
g. Form of Parking: The form of parking service, including shuttle parking, valet parking and walking distance parking. You can always find the parking form and explanations on your confirmation.
h. Options: Additional services available for purchase, such as covered parking, electric recharging, car wash, etc. available at extra cost.
i. Facilities: the features of the parking service relate to service and security, such as camera surveillance, fencing, toilets, 24-hour availability or key storage, among others.
J. Car park ticket: Voucher or confirmation of reservation that can be used as proof of the Reservation and also to gain access to the Car Park.
k. Parking Fee : The amount payable by the Customer for the conclusion of the Parking Service.
l. Parties: BREF VOITURIERS and the Customer jointly.
m. The Reservation: The reservation made by the Customer online via the BREF VOITURIERS website or a Platform of which BREF VOITURIERS is a member.
n. The Vehicle: The (motor) vehicle that the Customer delivers to BREF VOITURIERS as part of the Reservation made and/or the Parking Contract concluded between the Parties.
o. Electric recharging: The possibility of recharging the (electric) Vehicle at one of the recharging points available in the Car Park(s).

    Article 2. Identity

    BRIEF - Telephone +33(0)6.59.80.58.65
    RCS Paris 994 611 481 - VAT number - FR9299461481

    Article 3. Scope and conditions

    a. These General Terms and Conditions apply to all Reservations made by the Customer and to all (parking) Contracts between BREF VOITURIERS and the Customer.
    b. Before the contract is concluded, the text of these General Terms and Conditions will be made available to the Customer on the website where the booking is made. The Customer declares that he/she has read these General Terms and Conditions and has accepted them by ticking the box provided for this purpose before completing the online ordering procedure on the website.
    c. If a provision of these General Terms and Conditions is cancelled or is null and void, the other provisions of these General Terms and Conditions will remain in force. In such a case, the Parties will enter into negotiations to reach agreement on an alternative provision that comes as close as possible to the content of the original provision.
    d. The applicability of any general terms and conditions used by the Customer is expressly rejected. They are explicitly not part of the Parking Contract.
    e. Any deviation from these General Terms and Conditions must be agreed in writing.

    Article 4. The agreement

    a. The Parking Contract takes effect when the Vehicle is handed over by the Customer, i.e. when BREF VOITURIERS takes possession of the Vehicle. .
    b. The Reservation is based on the information provided by the Customer to BREF VOITURIERS . The Parking Agreement is executed on the basis of this information. This includes departure and arrival times, details of the Customer's vehicle, etc. The Reservation is deemed to faithfully and fully reflect the content of the Parking Agreement. The provision of inaccurate and/or incomplete information is entirely at the Customer's expense and risk.
    c. The Parking Contract is concluded for the agreed Parking Period, as indicated in the Reservation and the Parking Contract. The provisions of the Reservation, the Parking Contract and the General Terms and Conditions shall remain in force in the event of subsequent withdrawal of the Vehicle. Any extension fees and additional charges are payable by the Customer and must be paid before the Vehicle is returned at the end of the Parking Period.
    d. The Customer is allocated a random space in the Car Park, unless a specific option such as the Covered Car Park is reserved.

    Article 5. Booking, payment and cancellation

    a. Payment: Payment is made online at the time of booking, directly on the BREF VOITURIERS website, on site or on the website of an allied Platform.
    b. Price: Parking charges will be calculated according to the rates set by BREF VOITURIERS depending on the length of time the Customer's vehicle is in the car park. The prices mentioned in the offer of products or services include VAT.
    c. It is the Customer's responsibility to select the Services they wish to order on the website or by telephone. The Customer must enter the desired date of arrival and departure, together with details of their flight and vehicle. Additional options may also be added: vehicle cleaning, technical inspection, etc. The sale will only be considered valid once the price has been paid in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
    d. Cancellation without 24 hours' notice: a Reservation may be cancelled without charge at least 24 hours before the start of the Parking Period. The cancellation must be made in writing to the party where the Reservation was made.
    e. Cancellation within 24 hours: if a Reservation is cancelled within 24 hours of the start of the Parking Period, the full amount of the Reservation will be charged. The Customer will not be entitled to a refund.
    f. No show: If the Customer has not cancelled the Reservation but does not show up (no show), BREF VOITURIERS is entitled to withhold the total amount of the Reservation. The Customer is not entitled to a refund.
    g. Early pick-up: If the Customer wishes to collect the Vehicle before the agreed Parking Period, there is no right to a (partial) refund of the agreed Booking amount. The agreed Parking Period may be changed up to 24 hours before the return date to the party where the Booking was made.
    h. Pick-up at a later time: If the Customer wishes to collect the Vehicle at a later time/date than the agreed Parking Period, a separate charge will be made for the time the Parking Period is exceeded, payable directly to BREF VOITURIERS . The agreed Parking Period may be changed up to 24 hours before the return time to the party where the reservation was made. In this case, the additional amount to be paid must be paid directly online at the time of the change.
    i. The company reserves the right to move vehicles inside and outside the car park as part of the services contracted by the customer, such as servicing and roadworthiness tests.

      Article 6. Parking, returns and complaints

      a. Parking: On arrival, the Customer must follow BREF VOITURIERS' instructions. The booking confirmation will indicate whether the keys are to be returned to BREF VOITURIERS , together with the vehicle registration document.
      b. Return: The Customer must call BREF VOITURIERS on the designated telephone number once they have landed. The Vehicle will be returned to the Customer on presentation of a valid identity document or a code provided at the time of booking proving that the Parking Contract has been concluded by the Customer. BREF VOITURIERS reserves the right to suspend delivery of the Vehicle if the above documents cannot be produced or if there is reasonable doubt as to the identity of the person wishing to take possession of the Vehicle. Delivery of the Vehicle is not dependent on any formality and is deemed to take place on the date and at the time agreed. If a different process for returning and receiving the Vehicle is described in the Parking Ticket, this will prevail.
      c. Delay: The return flight specified in the Reservation, unless it is not known in advance, is decisive in ensuring that the Customer's Vehicle is ready for return. BREF VOITURIERS has a best endeavours obligation to ensure that the Customer's Vehicle is ready on arrival as far as possible, however, the Customer may have to wait for the Vehicle on return. BREF VOITURIERS cannot be held responsible for this. It is the Customer's responsibility to report any changes to the arrival time of the return flight. Failure to report time changes (on time) is entirely at the Customer's expense and risk. Any additional costs will be borne by the Customer.
      d. Waiting time : A standard waiting time is included in the rates. If the customer does not arrive within two hours of the scheduled vehicle drop-off time, the reservation will be deemed cancelled, without the customer being entitled to any refund. If the return flight is delayed by more than 2 hours, BREF VOITURIERS reserves the right to apply additional charges.
      e. By means of a (digital) signature, the Customer declares that the Vehicle will be in the same condition when it is returned as when it was taken back.
      f. Complaints concerning BREF VOITURIERS' services, including alleged damage, must be reported by the Customer to BREF VOITURIERS immediately after the Vehicle has been returned. Once the damage report has been submitted in writing, the relevant BREF VOITURIERS department will process the report and contact the Customer about it. In the absence of a written damage report, BREF VOITURIERS will not be able to process the claim and all the Customer's claims will lapse.
      g. Complaints sent to BREF VOITURIERS will receive a response within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, BREF VOITURIERS will respond within the 14 day period with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed response.
      h. The lodging of a complaint does not release the Customer from his obligation to pay.

      Article 7. Customer obligations.

      a. The Customer is responsible for ensuring that no valuables are left in the Vehicle.
      b. The Customer is responsible for ensuring that the Vehicle is properly insured during the Parking Period, with at least third party cover and that all its documents are in order. It is the Customer's responsibility to ensure that the Vehicle is in proper working order when it is delivered to the car park.
      c. The Customer is obliged to report any damage and/or other technical faults on or to the Vehicle to the BREF VOITURIERS driver who takes possession of the Vehicle, failing which the right to complain about any related damage will lapse.
      d. If the customer has subscribed to an additional interior wash service, the vehicle must be accessible and unencumbered, and its condition must be suitable for the level of service chosen so that it can be carried out with the expected level of quality and finish. Please note that child/baby seats will not be moved. Consequently, washing cannot be carried out where the child/baby seat is located.
      e. The CUSTOMER must ensure that the quantity of petrol in his vehicle is sufficient and, at the very least, greater than the limit of the reserve. In the event that the customer's vehicle is on the petrol reserve, BREF VOITURIERS reserves the right to refuse the vehicle and cannot be held responsible in the event of running out of petrol.
      f. The CUSTOMER must ensure that his vehicle is empty of all effects and goods not required for driving or parking the vehicle (and in particular that it is empty of all personal effects and/or valuables); BREF VOITURIERS does not under any circumstances insure personal effects left by the Customer inside the vehicle. BREF VOITURIERS can therefore under no circumstances be held responsible in the event of the disappearance, deterioration or damage caused to effects and/or goods not required for driving or parking and which the customer has not removed from the vehicle before handing it over to the BREF VOITURIERS valet.

      Article 8. Obligations and powers of BREF VOITURIERS

      a. BREF VOITURIERS is authorised to park and move the Customer's Vehicle in paying car parks.
      b. BREF VOITURIERS has an obligation to act as a good guardian. BREF VOITURIERS operates with one of the following measures: surveillance by camera, fence or barrier or 24-hour surveillance on its parking areas. In this way, BREF VOITURIERS fully meets its duty of care as a custodian.
      c. BREF VOITURIERS' drivers are required to show the Customer their driving licence and proof of identity on request.
      d. BREF VOITURIERS is authorised to make modifications to, among other things, the position of the vehicle seat and rear-view mirror, which are necessary for the safe operation of the vehicle.
      e. BREF VOITURIERS is obliged to treat personal data obtained as part of the Booking with due diligence and to act in accordance with the applicable legislation on the protection of privacy.
      f. BREF VOITURIERS undertakes to park the Customer's Vehicle with qualified and competent personnel. This means that BREF VOITURIERS employees must have had a valid driving licence for at least two years, must be able to show proof of good conduct, must take adequate breaks during work and must not consume stimulants (including alcoholic beverages) twelve hours before the start of and during the service.
      g. In the event that BREF VOITURIERS is unable to provide the service ordered by the customer at the agreed dates and times, BREF VOITURIERS will inform the customer in advance by e-mail or telephone.
      h. On the part of BREF VOITURIERS , there is an obligation to make an effort, not an obligation to achieve results.

      Article 9. Damage and liability

      a. BREF VOITURIERS shall never be liable for any damage suffered by the Customer if the Customer has not reported such damage in time and/or correctly in accordance with these General Terms and Conditions.
      b. Damage to the vehicle can only be accepted if the Customer can prove that the damage was not already present when the vehicle was taken back, but was present when the vehicle was returned. BREF VOITURIERS' photographs and/or recordings will be taken as proof, unless the Customer can prove otherwise.
      c. BREF VOITURIERS will never be liable for damage suffered by the Customer if this damage is compensated by the Customer's insurer, which obliges the Customer to declare any damage, failing which he will lose his rights.
      d. Without prejudice to the provisions of the paragraph of this article, BREF VOITURIERS is not responsible for the loss or reduction of the no-claims discount and/or the reduction of the bonus - malus discount - on the Customer's motor insurance contract.
      e. The Customer guarantees BREF VOITURIERS against all third party claims arising from and/or related to the service to be provided by BREF VOITURIERS.
      f. No rights can be derived from the submission of claims upon return of the vehicle, in the sense that only timely claims have been made. However, this does not lead to an admission of liability. A BREF VOITURIERS employee must never make any promises regarding the recognition of liability. The relevant department of [the parking operator] that assesses claims is only authorised to confirm any acknowledgement of damage.
      g. BREF VOITURIERS shall never be liable for any damage caused by the incompleteness or inadequacy of information provided by or on behalf of the Customer.
      h. If an inspection is carried out in the rain or if the vehicle is particularly dirty to the extent that scratches or other imperfections cannot be clearly identified, no damage of this type may be the subject of a subsequent claim by the Customer.
      i. Micro-scratches or minor surface scratches are not considered as damage giving rise to a claim or compensation.
      j. BREF VOITURIERS declines all responsibility for the results of the technical inspection carried out at the Customer's request. Furthermore, the company does not accept responsibility for any costs or consequences of a second inspection.
      k. During the parking period, the Customer's vehicle may be moved to one or more car parks operated by BREF VOITURIERS. This transfer may result in a reasonable increase in mileage (odometer), which the Customer expressly accepts.
      l. BREF VOITURIERS may not, under any circumstances, be held liable to the customer or any third party for any indirect loss (such as operating loss, commercial loss, loss of customers, moral loss, loss of enjoyment, etc.), or loss linked to an event presenting the characteristics of force majeure or a fortuitous event within the meaning of article 1218 of the French Civil Code.
      m. BREF VOITURIERS declines all responsibility for the vehicle's rims and tyres, the condition of which cannot be checked when the vehicle is collected,
      n. BREF VOITURIERS declines all responsibility in the event of damage or deterioration to the vehicle on its return which may result from weather conditions (rain, temperature variations, storms, hail, etc.) or animals (midges, bird droppings, etc.).
      o. No claim will be accepted for damage to the interior of the vehicle, the vehicle's glass surfaces, keys and key rings, or any damage that could not reasonably have been detected at the time of collection, or that results from normal use of the vehicle, as well as any mechanical or electronic breakdown.
      p. The customer is obliged to organise the repair of their vehicle as quickly as possible unless BREF VOITURIERS is found to be fully liable.
      q. Discharged battery / cable start: In the event of an insufficiently charged battery, the Customer authorises BREF VOITURIERS to carry out an emergency start using cables or a booster. BREF VOITURIERS cannot be held responsible for any electronic, mechanical or software damage that may result from this intervention.
      r. BREF VOITURIERS declines all responsibility for damage caused to the vehicle's paintwork during exterior washing, where this is the result of pre-existing defects or faults.
      s. Video evidence: The video recordings made during the collection and return of the vehicle constitute the primary evidence in the event of a dispute. The Customer expressly accepts their use for the purposes of analysis, verification, defence of the company's interests or transmission to the authorities and insurers.
      t. Specific contracts and right of refusal - High-risk or high-value vehicles: BREF VOITURIERS reserves the right to impose a specific contract, accompanied by special conditions, for any vehicle meeting one of the following criteria:
      - a vehicle with a value in excess of EUR 70,000,
      - a rare collector's vehicle or one with a high heritage value,
      - modified vehicle (lowered suspension, body kit, special rims, reprogramming, non-standard equipment),
      - vehicles with reduced ground clearance or liable to rub on ramps, speed bumps or uneven road surfaces,
      - vehicles whose condition requires special handling or exceptional precautions.
      In the absence of such a specific contract, BREF VOITURIERS is not obliged to accept the pick-up of the vehicle, even if a Reservation has already been made and confirmed.
      In this case :
      - the company is authorised to refuse the vehicle on the Customer's arrival,
      - the Reservation may be cancelled without BREF VOITURIERS being held liable,
      - the sums paid will be reimbursed, unless the refusal is the result of incomplete, inaccurate or concealed information on the part of the Customer.
      The Customer acknowledges that it is their responsibility to accurately declare the category, condition, approximate value and any modifications to their vehicle at the time of Reservation. Any omission, concealment or
      Any inaccurate declaration is the sole responsibility of the Customer.

      Article 10. Force majeure

      a. BREF VOITURIERS cannot be held responsible for a failure on its part if BREF VOITURIERS is in a state of force majeure. BREF VOITURIERS is therefore not liable for the damage referred to in article 9 caused by or linked in any way whatsoever to a situation of force majeure on the part of BREF VOITURIERS.
      b. Force majeure means any circumstance beyond the control of BREF VOITURIERS which temporarily or permanently prevents the performance of the parking contract and which BREF VOITURIERS is not required by law or by reasonable and fair standards to risk. This includes: strikes, traffic jams, vandalism, power failures, fires, explosions, water damage, lightning, other damaging natural phenomena beyond the control of [the parking supplier] or the failure of auxiliary persons.

      Article 11. Privacy policy

      a. BREF VOITURIERS processes the Customer's personal data in accordance with the performance contract.
      b. When BREF VOITURIERS processes the Customer's personal data, this must be done with the utmost fairness and care and in accordance with the AVG.
      c. BREF VOITURIERS will only use personal data insofar as this is necessary to be able to serve the Customer. Personal data will not be kept for longer than is legally permitted or necessary for the performance of the agreement.
      d. BREF VOITURIERS will take technical and organisational measures to ensure an appropriate level of security for personal data, taking into account the state of the art and the nature of the processing.
      e. In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.

      Article 12. Other provisions

      a. All legal relations between the Parties shall be governed exclusively by the national law of the place where the Company has its registered office.
      b. All disputes arising from or in connection with the legal relationship between the parties shall be submitted exclusively to the competent court in the immediate vicinity of BREF VOITURIERS' registered office, unless otherwise provided by mandatory law.
      c. The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
      d. BREF VOITURIERS may modify or add to the General Terms and Conditions at any time.
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