1.1 These Terms and Conditions (“Terms”) apply to your use of https://easyp.ch (our “Website”), the EasyP app (our “App”) and to any associated services (collectively, the “EasyP Platform”) provided to you by us (“we”, “us” or “EasyP”). By using the EasyP Platform, you acknowledge that you have read and are bound by these Terms.
1.2 Please note that these Terms may be amended at any time at our sole discretion. Such amendments will be published on our Website and shall be deemed accepted in full if you continue to use the EasyP Platform. It is your responsibility to regularly consult the Terms at https://easyp.ch/terms-and-conditions.
1.3 These Terms constitute the complete agreement between EasyP and you, and shall prevail over any other prior agreements, in whatever form, or general or special terms and conditions that are not expressly jointly approved. Should any conflict arise between these Terms and the FAQ section of our Website, these Terms shall prevail.
2.1 We are EasyP SA (“EasyP”), a Swiss public limited company registered under no. CHE-499.827.370, with its headquarters located at Avenue de Florimont 3, 1006 Lausanne, Switzerland.
2.2 EasyP is the owner of the EasyP Platform.
2.3 You can contact us at the following email address: contact@easyp.ch.
3.1 In General
3.1.1 The EasyP Platform allows individuals and businesses with available parking spaces (the “Space Providers”) to advertise them, and to enter into agreements with individuals (the “Drivers”) who will pay to park at these parking spaces for a determined time (the “Online Services”).
3.1.2 When a Driver books a parking space advertised by a Space Provider (a “Booking”), a direct contract is formed solely between the Driver and the Space Provider. For the avoidance of doubt, EasyP is not a party to this direct contract.
3.1.3 The Online Services are available to individuals who are at least 18 years old. EasyP may refuse to offer the Online Services to any person or entity and may change its eligible criteria at any time and at its sole discretion.
3.2 Account creation
3.2.1 In order to access and use our Online Services, you must create an account via our App and provide us with any relevant information we may require from you (your “EasyP Account”).
3.2.2 You are responsible for maintaining confidentiality and security of your login credentials and your EasyP Account, and for any activity generated by your account and credentials. You must immediately notify EasyP if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your EasyP Account.
3.2.3 We reserve the right at all times for any reason and without prior notice to remove any content you provided on the EasyP Platform, to suspend your EasyP Account, restrict your access to our Online Services or terminate your EasyP Account with us.
3.3 Rules and Conduct
3.3.1 You agree that any information you supply in connection with the Online Services will be true, complete, accurate and up-to-date. You may amend your information at all times under the “My Profile” section in your EasyP Account. Should any of the information provided be untrue, incomplete, inaccurate or out of date, or should we have reasonable grounds to suspect that you have provided such information, or should we believe that you have not adhered to any provision of these Terms, we reserve the right to deny you, without having to provide any explanation, access to and use of the EasyP Platform now and in the future.
3.3.2 You promise not to use the Online Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by EasyP. By way of example only, you agree that you will not create any false account in connection with the Online Services or use your EasyP Account for any immoral or illegal activity or purpose, including malicious or fraudulent bookings (i.e occupying a parking space without booking such parking space, etc.), fraudulent listings or money laundering.
3.3.3 You agree that you will not use the Online Services or deal with other users of the Online Services in any way which could be deemed to be harmful to our business or reputation, or do anything which might adversely affect our relationship with a Space Provider or a Driver.
3.3.4 You agree that you will not solicit or perform services for, or induce or attempt to induce, any customer, supplier, licensee or business relation of us, or any Driver or Space Provider, through any communication including written and oral communication made by yourself or a third party to enter into any arrangement relating to parking other than through the use of the Online Services.
3.3.5 You agree to abide by all laws and regulations applicable to your use of the Online Services. In particular, if you are a Space Provider, you agree to comply with all tax laws, lease and sub-letting laws that may apply to you.
3.4 Space Providers
3.4.1 Si vous souhaitez publier une place de parking sur la Plateforme EasyP, vous pouvez le faire en allant dans la section “Mon profil” de votre compte EasyP, en cliquant sur “Ajouter ma place de parking” et en suivant la procédure de publication (la “publication”). Vous êtes responsable de l’exactitude de toutes les informations contenues dans votre publication et de toutes les informations que vous nous fournissez en relation avec une Réservation. Vous reconnaissez que vous pouvez être responsable envers l’Automobiliste si les informations que vous nous fournissez sont inexactes, incomplètes ou trompeuses de quelque manière que ce soit.
3.4.2 By Listing your parking space, you guarantee that you have all rights, consents and permissions to advertise, let or sublet your parking space and receive Bookings in connection with our Onlines Services. You represent and warrant that any Listing you post and Bookings of your listed parking space will not breach any agreements you have entered into with any third party and that you comply with all applicable laws. In particular, if you are not the owner of your listed parking space, you acknowledge and agree that failure to receive permission to do so may result in the loss of your lease with the owner of the parking space, pursuant to applicable law. In no event shall EasyP be liable to the Driver, the Space Provider, the owner of the parking space or any third party for any breach of obligations in relation to the listed parking space.
3.4.3 Once your parking space has been validated by us, you will be able to receive Bookings from Drivers.
3.4.4 You are responsible for making your parking space accessible to Drivers. You acknowledge that you may be liable to Drivers and to EasyP if Drivers cannot access your parking space. In particular, if your parking space is not accessible to the Driver at the beginning of the Booking time, the Driver shall notify EasyP of such unavailability and the Driver shall be reimbursed, pursuant to the conditions described in Section 6.3.
3.4.5 EasyP reserves the right to not accept or remove your Listing and any Booking on your listed parking space for any reason and at all times.
3.4.6 By Listing a parking space, you authorize EasyP, on your behalf, to:
a) advertise your parking space on the EasyP Platform;
b) collect, accept and hold payments of Bookings from Drivers;
c) transfer the payments received from Drivers to you after deducting our fees (see section 4);
d) make payment of any refund due to Drivers in accordance with these Terms, and to collect payment from you in respect of such refund by deducting any refund amounts from payments otherwise due to you;
e) process all transactions using your account and the payment details that you provide to us, without the requirement to check that you have authorized such transactions;
f) issue you with invoices and receipts in electronic format by email or other method;
g) refer to you or your parking space at any time in the future to publicise ourselves or the EasyP Platform;
h) send promotional materials to Drivers and provide such information about your parking space as we may deem appropriate.
If you breach these Terms, we may without prior notice issue a payment request to you or withhold payments that are due to you at any point in order to compensate us or the Drivers for the breach or defect.
3.5 Drivers
3.5.1 If you wish to make a Booking, you may do so by researching an available parking space on the map, click on the available parking space, and follow the booking process. You will need to pay the Booking in advance. Once we have received payment, your Booking will be confirmed on your EasyP Account.
3.5.2 When you book a parking space, you agree to pay all charges for your Booking, including our service fee (see section 4 for more information on the price of the parking space). You must pay the Booking in advance.
3.5.3 If you have made a Booking, you guarantee that you will respect the announced arrival and departure times (“Booking Time”). If you exceed the Booking Time, you guarantee to notify us immediately of such a situation via the EasyP App and that you will pay for the additional time of parking. You acknowledge that you may be liable to the Space Provider and us for excess Booking Time.
3.5.4 If you park on a parking space listed on the EasyP Platform, you represent and warrant that you hold a valid Booking for that specific parking space. You acknowledge that you may be held liable to both the Space Provider and EasyP if you occupy a parking space without a valid Booking. EasyP reserves the right to issue a payment request for any unauthorized use of the parking space.
3.5.5 If you breach these Terms, we may without prior notice issue a payment request to you or withhold payments that are due to you at any point in order to compensate us or the Space Providers for the breach or defect.
4.1 Price of parking spaces
4.1.1 The price of parking spaces includes the price set by Space Providers and our service fee.
4.1.2 The price of parking spaces is set by Space Providers. Space Providers may edit the price of their parking space at all times under “My parking spaces” in their EasyP Account. Such change will not impact any previously confirmed Booking. For confirmed monthly Bookings, any price change will apply for the following month, after the month in which the price change was made.
4.1.3 We charge a 15% service fee on all Bookings. We reserve the right to modify our service fee at all times and without prior notice. Such change will not impact any previously confirmed Bookings. For confirmed monthly Bookings, any service fee change will apply for the following month, after the month in which the service fee change was made.
4.1.4 The price of the parking space stated on the EasyP Platform is exclusive of any applicable VAT.
4.2 Payments by Drivers
4.2.1 If you are a Driver, you must pay the Booking price to validate the Booking.
4.2.2 If you fail to make a payment and have a payment method stored with EasyP, we are authorized to automatically charge the full amount owed for the time parked. The fee will be calculated based on the duration of your parking.
4.2.3 Payments for Bookings are processed by our trusted payment partner.
4.3 Payments to Space Providers
We will send payment of earnings from Drivers’ Bookings to Space Providers on the first business day of the following month to the end of each Booking. If a Booking runs into the next month, payment will be made to the Space Provider in the month following the completion date.
5.1 Modification of the Booking time
Once confirmed, a Booking time cannot be modified. If you are a Driver, you may only extend a Booking pursuant to the conditions described in Section 5.3 or cancel a Booking pursuant to the conditions described in section 6.
5.2 Modification of the Booking information
If you are a Driver and there is an issue with your Booking information (for example if you have input incorrect vehicle details or other information), you must contact our customer support by email (support@easyp.ch) who will update the incorrect details for you. However, please note that incorrect information regarding the date and time of the Booking cannot be changed. You may cancel your Booking pursuant to the conditions described in section 6. EasyP will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your Booking.
5.3 Booking extension
If you are a Driver and wish to extend your Booking time, you may do so by clicking on “Manage booking” and “Extend my booking” under the “My bookings” section. If the parking space is available for the desired time, you must make a payment to extend the Booking. Once we have received payment, your Booking extension will be confirmed on your EasyP Account.
6.1 Cancellation by the Space Provider and refund policy
6.1.1 If you are a Space Provider, you may cancel a Booking on your listed parking space at any time before a Booking is due to start. Bookings cannot be canceled after the parking session has started. You acknowledge and agree that if you cancel a Booking, the Driver will receive a full refund and you will not receive any earnings for the canceled Booking. Please note that in such event, we will charge you our service fees.
6.1.2 If you are a Space Provider, you can cancel a Booking on one of your listed parking space by going under “My Bookings” section in the EasyP App and by clicking on “Space Provider”, “Manage Booking” and “Cancel booking”.
6.2 Cancellation by the Driver and refund policy
6.2.1 If you are a Driver, you may cancel a Booking at any time by going under “My bookings” section in the EasyP App and by clicking on “Driver”, “Manage booking” and “Cancel booking”.
6.2.2 If you are a Driver and you cancel a Booking:
If you are a Driver and you fail to cancel a Booking pursuant to the process described in art. 6.2, you will be liable for the full amount of the fees payable for the Booking and will not receive any refund, even if you do not use the parking space.
6.3 Problem in connection with a Booking and refund policy
6.3.1 If you are a Driver and you have a problem with a Booking you have made (for example, if the parking space you have booked is occupied at the start of the booking session), you must contact the Space Provider in order to solve the problem. If it has not been possible to solve the problem with the Space Provider, you must notify us by email (at support@easyp.ch) providing a description and proof of the problem (for example, a photo of the occupied parking space, information about the vehicle occupying the space, etc.) so that we can refund you. The notification must be made immediately after you have encountered the problem. If you fail to do so, you will be liable for the full cost of the Booking and will not receive any refund, even if you have not used the parking space. EasyP reserves the right not to make a refund if we have reasonable grounds to suspect that you have provided us with false information or for any other reason that would make the refund unjustified.
6.3.2 If you are a Space Provider and you encounter a problem with a Booking made on your listed parking space (i.e your listed parking space is occupied by an unauthorized vehicle), you must notify us immediately with a description and proof of the problem (i.e picture of the unauthorized vehicle, vehicle information, duration of the unauthorized occupation, etc.) by email at support@easyp.ch. If the unauthorized vehicle happens to be a registered Driver from the EasyP Platform, we may send a payment request to such Driver for the duration of the unauthorized occupation. You may also pursue legal action, pursuant to applicable law. EasyP reserves the right not to proceed with a payment request, should we have reasonable grounds to suspect that you have provided us with false information or for any other reason that would make the payment request unjustified.
7.1 Subject to your compliance with these Terms, EasyP grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, non-transferable license to (i) download and use our App on your personal device(s) ; and (ii) access and use our Online Services made available on or through the EasyP Platform and accessible to you, solely for your personal and non-commercial use. We reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the EasyP Platform.
7.2 You acknowledge and agree to not use, copy, adapt, modify, reverse engineer, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any part of the EasyP Platform, except as expressly permitted in these Terms. You further acknowledge and agree to not access or attempt to reverse engineer the source code or infrastructure of the EasyP Platform, modify or insert malware to the EasyP Platform, use and copy the EasyP Platform to create a competing product or allow third parties to access restricted parts of the EasyP Platform. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EasyP or its licensors, except for the licenses and rights expressly granted in these Terms.
7.3 By displaying, uploading, publishing or transmitting user-generated content on the EasyP Platform, you remain owner of all copyright and other rights to such content. EasyP is permitted to use any user-generated content only to the extent necessary for business purposes. We do not screen user-generated content (including content relating to available parking spaces) or information on the EasyP Platform and we cannot give any assurance as to its accuracy or completeness. Users of the EasyP Platform expressly guarantee not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
8.1 The content displayed on our EasyP Platform and our Online Services are provided without any guarantees, conditions or warranties as to its accuracy and are provided on an “as is” basis. In particular, we do not warrant the accuracy of the information provided by the Space Provider or the Driver. You acknowledge and agree that we do not conduct any background checks on the Driver or the Space Providers and that we offer no guarantee as to the parking space’s suitability for the Driver’s requirements. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any applicable law.
8.2 Although we aim to offer you the best service possible, we make no promise that the Online Services will meet your requirements. We cannot guarantee that the Online services will be uninterrupted, secure or error-free.
8.3 Your access to the Online Services and the EasyP Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. From time to time it may be necessary to suspend access to the Online Services and the EasyP Platform for a period of time and any such interruptions shall not constitute a breach by us of these Terms.
9.1 Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded by applicable law, including liability for death or personal injury caused by gross negligence and liability for fraud or fraudulent misrepresentation.
9.2 To the maximum extent permitted by law, EasyP shall not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity or loss of use or corruption of software, data or information) arising as a result of your use of the Online Services whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable for any breach of these Terms caused by circumstances beyond our reasonable control.
9.3 EasyP has no obligation to update any content of the EasyP Platform, which may become obsolete. EasyP shall not be liable for the modification, suspension or termination of the EasyP Platform.
9.4 In relation to these Terms and to the fullest extent permissible by law, EasyP shall not be liable for (i) inaccurate information provided by any Space Provider or Driver, or for any interaction, you have with a Space Provider or a Driver, or for the unavailability of a parking space at the time of your Booking ; (ii) any personal injury or property damage, of any nature whatsoever, which you suffer in connection with your access to and use of the Online Service, or any Booking ; (iii) loss suffered in connection with any claim brought against you by a Space Provider or Driver in connection with the direct contract formed between the Space Provider and the Driver ; (iv) any interruption or cessation of transmission to or from the EasyP Platform ; (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the EasyP Platform by any third party, or for any loss or damage of any kind incurred as a result of your use of the EasyP Platform or the Online Service, however caused ; and (vi) for failure to provide the Online Services or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure).
9.5 Notwithstanding the above, if we breach these Terms or are otherwise liable to you in relation to the Online Services, we shall only be liable to you for losses up to the greater of : (i) the amount paid by you to us in relation to the Booking giving rise to the dispute between us ; or (ii) CHF 100.
10.1 EasyP may terminate or suspend your EasyP account at any time and at its sole discretion, without liability, with or without notice or cause.
10.2 You may terminate your EasyP account via the Application or by contacting our customer support (support@easyp.ch) at any time.
11.1 Our Privacy Policy, which is set out here, describes how we collect and process your data through the EasyP Platform, and for what purposes.
11.2 Our Privacy Policy applies to you when you visit our Website or use our App, whether you have an account with us or not.
11.3 The Privacy Policy is an integral part of these Terms and may be amended from time to time.
Except as otherwise agreed in these Terms, each party agrees with the other to keep secret and not share (except for with its employees, advisers and contractors) any confidential information it receives from the other party through the Online Services.
In the event of damage caused by access to and use of the EasyP Platform or by failure to comply with these Terms, you agree to indemnify EasyP, its partners and employees.
14.1 We may assign, transfer or delegate any of our rights and obligations under these Terms to another third party. If you have an account with us, we will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. Your only rights under or in connection with these Terms will be against this new third party and not against us.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.3 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
14.4 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
14.5 You agree that your right to access and use our Online Services is also subject to applicable law and any rules or policies applied by the relevant App Store from which you access our App.
15.1 Applicable Law
These Terms are exclusively governed by and interpreted in accordance with Swiss law, without regards to conflict of law principles.
15.2 Jurisdiction
The place of jurisdiction for any and all disputes or claims (including non-contractual disputes or claims) arising out or in connection with these Terms is where EasyP has its registered office, subject to an objection to the Federal Supreme Court.
