Conditions applicable at 5 april 2017
These Special Conditions (hereinafter referred to as the "SC") govern the Car Park services offered by the Aéroport Toulouse-Blagnac company (hereinafter referred to as "ATB") on its web site (hereinafter referred to as the "Site").
It should be noted that parking and stopping vehicles in the Aéroport Toulouse-Blagnac car parks and parking spaces is subject to the regulations for use applicable to the car parks concerned. These regulations are available on the Site and posted at the entrances to the car parks concerned.
Article 1: Definitions
"Customer": designates any adult physical person having the capacity to contract or any legal person wishing to purchase one or more Services offered by ATB via its Site.
"Order": designates the Customer's wish to legally accept the offer of services sold by ATB on its Site.
"Car Park": designates the car parks operated by ATB in which the Customer can benefit from one or more services.
"Service(s)": designates the service or services relating to the Car Parks and which are offered for sale to the Customer by ATB on its Site.
Article 2: Purpose
These SC define the contractual relationships between ATB and its Customers, and the conditions applicable to all purchases made via the Site, whether the Customer is a professional or a consumer.
By validating his order the Customer declares that he unreservedly accepts the terms of the said Order and all the SC.
ATB recommends the Customer to save and/or print out the SC to keep them securely and durably, allowing him to be able to make reference to them at any time during the performance of the contract if necessary.
ATB reserves the right to modify the said SC at any time. In this case the conditions applicable will be those in force on the date of the Order by the Customer.
Article 3: Capacity
To benefit from the Services, the Customer must, if he is a physical person acting in his own name or representing a legal person, be an adult and be legally capable of entering into a contract and using the Site in conformity with the SC.
The Customer is financially liable for the use of the Site both in his own name and on behalf of third parties, including minors. The Customer guarantees the authenticity and accuracy of the information provided.
Article 4: Description and use of the Services offered on the Site
Article 4.1: General provisions
The Services are reserved for Customers who have an e-mail address capable of receiving the Order Confirmation sent by e-mail and who have created a Personal Account on the Site.
The Customer uses the Services at his own risk and under his entire responsibility.
The Service ordered is only valid for the period or term indicated on the Order Confirmation and/or Invoice. The Customer cannot transfer or sell all or part of his rights and obligations resulting from his Order.
The Customer can only park on the parking spaces not reserved for other types of Customers and, where applicable, only in the zone indicated to him.
The Customer agrees to comply, and if applicable ensure that its employees comply, with the SCs, the Car Park rules of procedure, and the police and safety rules applying to the Car Parks, particularly the Prefectoral Decree in force, the signs in the Car Parks, particularly those concerning speed limits, and more generally the rules of the Highway Code, and the instructions given by the Car Park operating staff.
In case of irregular parking (notably parking in a prohibited spot, poorly parked car, disrupting traffic) or exceeding the normal duration of use of the car park, ATB reserves the right to move the vehicles concerned at the users' expense. ATB will accept no claims from car park users for damage to the vehicles.
If emergency works are necessary, or if required by car park operating constraints, ATB reserves the right to have the vehicles parked in the works zone moved at its expense. The vehicle will be checked before and after it is moved by the Car Parks & Access service staff.
Without prejudice to its other rights resulting from the SC, ATB reserves the right, in the event of a breach by the Customer of any of his obligations, to terminate the contractual relationship between the Parties after formal notice to remedy such a breach within an appropriate time and which has remained without effect.
In the event of a breach by the Customer of any of his obligations, particularly payment, with respect to ATB, ATB reserves the right to prohibit him from access to the Car Parks until the situation has been remedied.
ATB reserves the right to modify the prices indicated on the Site at any time, without notice, it being understood that such modifications will not be applicable to prior Orders accepted by ATB.
Article 4.2: Provisions specific to the "Subscriptions" Service
The subscription starts on the date and for the term specified in the Order (the start date must be identical to or after the order date). The Car Park access card is available at the airport car parks & access desk, free of charge, within 48 hours following the Order. It can also be sent to the Customer by regular mail at his expense, at the current price rate.
The access card will allow the Customer to exit the Car Park up to the last day of the subscription.
All parking in a Car Park other than that (those) concerned by the subscription is payable at the hourly rate applicable to the chosen Car Park(s).
This access card will allow ATB, by any means it considers appropriate, to check the validity of the Customer's right to enter and exit the Car Parks. Each card only allows one single vehicle to park in the car park at a time.
The subscription is taken out based on a request made using the forms available on the Site.
The access card is strictly personal to the Customer.
The Customer must use the access card issued to him by the ATB Car Parks & Access service each time his vehicle enters or exits the Car Park(s) concerned by the subscription. Failing this, he must immediately pay the price for the hourly rate customers of the Car Park concerned.
The access card issued to the Customer remains the exclusive property of ATB. The Customer remains liable in all circumstances for the usage which could be made by third parties of this means of access. All loss, theft or deterioration of this card must be the subject of an immediate declaration in writing to the ATB Car Parks & Access service. In case of theft and on presentation of the declaration made to the police authorities, or of unintentional deterioration, the card will be replaced free of charge.
If the card is lost, broken or deteriorated, it will be immediately replaced at the subscriber's request and billed at the current rate.
In the case of an identical renewal of a subscription, the means of access previously issued to the Customer is validated for the renewed period without the Customer having to go to the ATB Car Parks & Access Service again. A renewal request can be made within 30 days prior to the end-of-subscription date and up to and including the last day of the subscription.
Article 4.3: Provisions specific to the Rés@ Service (parking space reservation service)
4.3.1. Terms of access to the service
The "Rés@" Service allows the Customer to make a reservation on line for a parking space in one of the Toulouse-Blagnac airport car parks equipped for this Service, from a given entry date and time and for a defined and indivisible duration (one single entry and one single exit).
The Service is accessible 24/7.
Subscription is exclusively via Internet.
Orders for the Service can be placed for a parking period of a minimum of 6 hours and a maximum of 90 days.
This Service is valid within the limit of the parking spaces available.
Reservations can be made at the latest 1 hour before the start of the parking.
The service is a paying service at the current price rate on the date of subscription. For each reservation, reservation fees at the current price are added to the amount of the Order.
When the Order is validated, an access code is sent to the Customer.
The attention of the Customer is drawn to the fact that the access code is confidential.
4.3.3. Changing a reservation
The customer can change the reservation up to 6 hours before the reservation start date and time by logging into its customer account. A credit note in the initial amount of the reservation will be established and sent to the customer by email, and this amount will be promptly reimbursed to the bank card used to make the reservation. Changing a reservation may result in a higher cost, as the rate applied is that in force at the time the reservation is changed. A new payment will be charged when the reservation is changed.
The customer can cancel an order up to 6 hours before the start of the reserved parking period by logging into the associated customer account, outside the possibility of exercising the right of withdrawal. The reimbursement will promptly be paid to the bank card that was used to make the reservation.
4.3.5. No-show at the car parks
The reservation is guaranteed until 2 hours after the specified start time, after which, if the customer has not arrived, it is considered to be a ‘no show’. In this case the reservation is cancelled and not subject to reimbursement, unless a right of withdrawal is exercised under the conditions defined in Article 7.
4.3.6. Entry into the car park
The Customer must enter the access code at the car park entrance machine on the day and at the time indicated on his reservation. The Customer must then validate the access code by pressing key "V" to obtain a ticket and enter the car park.
The time of entry into the car park must correspond to the time specified when making your reservation. You may, however, gain access to your parking space without additional fees:
- For the Rés@P3 and Rés@P6 services, 2 hours before and up to 24 hours after the planned entry time
- For the Rés@P1 service, 2 hours before and up to 2 hours after the planned entry time
Non-presentation within this time limit gives no entitlement to any reimbursement.
The Customer is asked not to leave his ticket in the vehicle.
Note: the height of the car parks is as follows:
- Rés@P1: 2.10 metres
- Rés@P3: 4 metres
- Rés@P6: all size
4.3.7. Exit from the car park
The ticket obtained by the Customer during his entry into the car park allows him to exit the car park.
All exit from the car park is final.
Your exit time from the car park must correspond to the exit time specified when making your reservation. You may however exit the car park, without additional fees:
- For the Rés@P3 and Rés@P6 services, up to 3 hours after the planned exit time
- For the Rés@P1 service, up to 3 hours after the planned exit time
If the Customer exits after these time limits he will be required to make an additional payment, to be paid at the car park exit or at one of the payment machines, at the current daily rate in force on the day of entry into the car park.
The daily price rate is applied per indivisible 24 hour period beyond the reservation.
All parking for a time less than that planned in the on-line reservation gives no entitlement to any reimbursement whatsoever.
4.3.8. Loss of ticket
If the Customer has lost his ticket, and if he exits the car park between 06:00 and 00:00, he must go to the car park information desk located on the ground floor of Hall C of the airport as soon as possible. Outside of these times the Customer must go to the car park control room located on the ground floor of proxipark P2 as soon as possible.
Going to the car park information desk or to the car park control room is equivalent to passing the exit machine:
- If the Customer is within the parking time planned at the time of reservation, he can exit the car park at no extra cost.
- If the Customer has exceeded the parking time planned at the time of reservation, he must pay an additional charge in the same conditions as if he had not lost his ticket. The Customer is reminded that the parking time only stops when he goes to the information desk or to the car park control room.
Article 5: Financial terms and conditions
Article 5.1: Price
The prices of the Services are given in euros, inclusive of all taxes. The Service provided is billed at the current price at the time of subscription to the Service. The prices are inclusive of the VAT applicable on the date of the Order. All changes in the applicable VAT rate are automatically applied to the price of the Services. The amounts paid can in no way be considered to be deposits or part payments.
ATB reserves the right to modify its prices at any time but undertakes to apply the current prices at the time of registration of the order, provided that the Services are available on this date.
Article 5.2: Payment
Payment is made at the time of ordering and is debited immediately.
The Services can only be paid by bank card (bank cards accepted: Carte Bleue, Visa Card, MasterCard and American Express).
An invoice is available in the Customer's personal account.
Article 6: Responsibility
In accordance with French Law no. 2004-575 dated 21 June 2004 on confidence in the digital economy and the stipulations of the Consumer Code, ATB is bound with respect to the Customer, if he is a nonprofessional physical person, to respect the provisions relating to distance contracts.
All connections, Orders for Services or data transmission is considered to have been done by the Customer and under his entire responsibility.
Fraudulent use of the Site or any usage which contravenes the SC can, at any time, result in the Customer being refused access to the Services offered on the Site, even if ATB has confirmed the Order, without prejudice to possible legal action by ATB in the competent courts.
ATB makes no guarantees for the performance of the Site.
ATB cannot be held responsible for the non-execution of the order, particularly in the case of unavailability of the Site, force majeure, or any other event making the execution of the order impossible, in case of disruption, notably to communications, or total or partial strike.
The Customer declares that he knows the characteristics and functioning of Internet, particularly its technical performances, the response times for consulting, querying or transferring data and the risks linked with the security of the communications.
ATB will accept no claims or reimbursements relating to any non-execution or poor execution of the Service provided to the Customer, and which is due either to the Customer, or to a third party not involved in the service, or to a case of force majeure.
In no event can ATB be held responsible for any disappearance, loss, destruction, failure or malfunction or, more generally, for any damages or events likely to affect property or products belonging to the Customer or, generally, any objects or accessories supplied by ATB.
ATB reserves the right to temporarily suspend, at any time, without prior notice, all or part of the Car Parks service if the operating conditions require it and without incurring any liability.
Article 7: Retraction
If the Customer is a nonprofessional physical person he is informed that he has a right of withdrawal under the provisions of article L.121-21 and in compliance with the French Consumer Code. This right can be exercised within fourteen (14) days counting from the date of Order of a Service by the Customer, as attested by the date on the postmark or the date the e-mail is sent.
If the Customer wishes that the execution of a Service begins before the end of the retraction period, they must give their consent. This consent is given when ordering.
If the Customer exercises their right of withdrawal when they expressly request a commencement of the provision of the service before the end of the retraction period, they must pay the amount corresponding to the service provided up until the communication of their decision to retract.
In accordance with article L.121-21-8 of the French Consumer Code, the Customer cannot invoke this right of withdrawal if the Service has been provided to them in full. As a parking space reservation service, the service is considered to be used even if the Customer does not arrive (‘no show’).
To exercise this right of withdrawal for the parking space reservation service, the customer must first attempt to use the reservation cancellation service accessible via its customer account, which is available up until 6 hours before the start of the parking period.
If the customer wants to exercise the right of withdrawal when cancellation is no longer possible, or if the withdrawal involves the subscription service, the Customer must contact the Car Parks & Access department by e-mail at the following address: firstname.lastname@example.org or by letter at the following address:
Société Aéroport Toulouse-Blagnac
A l’attention du Service Parcs & Accès
Bâtiment la Passerelle
31703 BLAGNAC FRANCE
A standard form for exercising this right of withdrawal is available to the Customer at the website : retraction form
There are no fees or penalties for exercising the right of withdrawal, except the cost of returning the access card if it had already been issued to the Customer.
If the Customer exercises his right of retraction, ATB will reimburse him within a maximum of fourteen (14) following the date on which this right was exercised.
The Customer is then reimbursed by the same means of payment of the purchase.
Article 8: Claims
All requests for information, further details and any claims must be made on the Site, in the "Contact us" item, or by telephone to the Car Parks & Access Service from Monday to Friday between 07:30 and 16:30 at 05 34 61 83 96 from France and 33 5 34 61 83 96 from outside of France (non-surcharged number).
Article 9: Personal data
ATB undertakes to respect the laws and regulations in force relating to the protection of privacy. The personal data communicated by the Customer is necessary for the subscription to the Services. This personal data is confidential and will only be used to manage the Services and the Customers. The recipients of the data are ATB.
In accordance with the French law on information technology and civil liberties of 6 January 1978, amended in 2004, the Customer has the right to access, correct and delete any information concerning him. The Customer may also, for legitimate reasons, refuse to allow data pertaining to him to be processed.
The Customer can exercise these rights by e-mail: email@example.com
Article 10: Archival – Proof
The computerized registers stored in the computer systems of ATB and/or of its service providers, are considered to be proof of the communications, Orders and payments between the Parties.
Article 11: Miscellaneous provisions
Article 11.1: Force majeure or event rendering execution impossible
ATB will not be held liable or considered to have failed to fulfil the provisions of the SC, for all delays or non-execution when the cause of the delay or non-execution results from a force majeure or any other event which rendres execution impossible, notably including : fire, flood, eplosion, eccient, strike.
Article 11.2: Applicable law and assignment of jurisdiction
The SC is governed by French law.
In case of disputes concerning the formation, interpretation and execution of their contractual relationship, the Parties agree to seek an out-of-court solution.
If an out-of-court solution cannot be found within one month following the notification of the dispute by one of the Parties to the other, the Parties must submit the said dispute to the relevant courts competent for the jurisdiction of ATB's corporate headquarters.