TERMS AND CONDITIONS OF SERVICE
GRINGHUB
1. GENERAL INFORMATION – OVERVIEW AND SCOPE OF SERVICES
1.1. The GRINGHUB platform (hereinafter the “GRINGHUB Platform” or the “Platform”) is operated under the domain name www.gringhub.com by GRINGHUB, a simplified joint-stock company with a capital of one thousand euros (€12,500), registered with the Versailles Trade and Companies Register under number 917 756 819 and having its registered office at 1571, rue Louis Blériot, 78530 – Buc (hereinafter “GRINGHUB”).
1.2. The GRINGHUB Platform offers professionals concierge services, specifically a parking and charging service for electric vehicles as well as a cafeteria service (hereinafter the “Service(s)”).
1.3. The Platform is directly and exclusively accessible to any internet user via the website www.gringhub.com. The Services are reserved for professionals who have registered in accordance with Article 2 (hereinafter the “Client(s)”).
1.4. These General Terms and Conditions of Service (hereinafter the “General Terms and Conditions”) are entered into between the Customer and GRINGHUB (hereinafter the “Service Provider”).
2. SERVICES
2.1. Vehicle Parking and Electric Charging Service
2.1.1. The Service Provider offers the Customer, for the price set forth in Article 4 below, the storage of the Customer’s electric vehicle in a secure indoor or outdoor parking facility (hereinafter the “Parking Facility”) and its charging via electric charging stations (hereinafter the “Storage and Charging Service”).
2.1.2. To use the Parking and Charging Service, the Customer must register their vehicle license plate numbers on the Platform during the sign-up process.
2.1.3. The license plates of vehicles registered on the Platform are identified by the video surveillance cameras installed on both sides of the parking lot.
2.1.4. Le Client doit déposer son ou ses véhicules entre 9h (huit heures et trente minutes) et 21h (vingt-et-une heure) au Parking situé à l’adresse postale suivante : < Rue André Citroen 78140 Vélizy Villacoublay>.
2.1.5. The deposit is documented in a deposit receipt signed by the Service Provider and the Client.
2.1.6. The Customer’s vehicle(s) must be returned the day after drop-off, during the same time slots, and a return report will be prepared.
2.1.7. The Service Provider is responsible for the vehicle from the moment the Customer drops it off until it is returned.
2.2. The Service Provider undertakes to ensure that the vehicles in its custody are charged to at least 80% (eighty percent) at the time they are returned to the Customer. Customers are advised that charging the vehicle to 100% (one hundred percent) may damage the vehicle’s battery.
2.2.1. If the Service Provider fails to return a vehicle loaded to 80% (eighty percent) to the Customer, the Service Provider agrees to refund the Customer the amount paid in accordance with Section 4 below.
2.3. Cafeteria
2.3.1. The service described in Section 3.1. above includes the provision, for the Customer’s use, of a cafeteria that is open and accessible 7 days a week from 9:30 a.m. to 9:00 p.m.
2.3.2. To access the cafeteria, the Driver must present the QR code generated by their GRINGHUB app. This QR code serves as a form of identification and is personal to the Driver.
3. PRICES, PAYMENT, AND BILLING
3.1. The Fee is paid by the Customer on a monthly basis
3.2. Payment of the Price must be made in a single lump sum, with no option for credit, deferred payment, or installment payments.
3.3. The Service Provider reserves the right, at any time, to modify the Price, particularly in the event of significant variations of more than 5% (five percent) in the costs associated with energy expenses resulting from conditions or developments external to and beyond the Service Provider’s control; provided that the new price applies only to reservations confirmed on or after the effective date of the new price.
4. RETURN AND RESTORATION OF THE VEHICLE IN CUSTODY
4.1. Without prejudice to the provisions of Article 8 below, the Service Provider agrees to return the Customer’s vehicle, its keys, equipment, and documents to the location and at the time specified in Article 3.1, in the same condition as described in the vehicle inspection report.
4.2. The Customer is hereby informed that the parking lot where the vehicles are parked is under 24-hour video surveillance, so that the cause of any damage detected can be clearly identified.
4.3. The cause of any such damage as described above will determine whether liability lies with the Service Provider or the Client, in accordance with Article 8, “LIABILITY.”
5. CUSTOMER OBLIGATIONS
5.1. Customers are required to read, accept, and comply with these Terms and Conditions.
5.2. Customers warrant that they have taken out appropriate insurance policies, including, in particular, a liability insurance policy with an authorized insurance company covering the vehicles they own, in accordance with Article L211-1 of the Insurance Code.
5.3. Customers are required to refrain from any intentional violations and to comply with applicable laws and regulations.
5.4. Any breach of the Terms and Conditions by a Client that results in a claim against the Service Provider for compensation for damages arising from such breach shall be subject to full reimbursement by said Client.
6. OBLIGATIONS OF THE SERVICE PROVIDER
6.1.1. In accordance with Article 1927 of the Civil Code, the Service Provider agrees to exercise the same care toward the vehicle in its custody as it does toward its own property.
6.1.2. In this regard, the Service Provider agrees to take all necessary measures to ensure the security of Customers’ vehicles while they are parked in the Parking Lot. In this regard, the Customer is informed that the Car Park is monitored by video surveillance 7 (seven) days a week and 24 (twenty-four) hours a day.
6.1.3. The Service Provider is bound by an obligation of means with respect to the monitoring of vehicles parked during the Parking and Charging Service, which the Customer expressly acknowledges and accepts.
6.2. The Service Provider agrees that the vehicles in its custody shall not be used for any purpose other than that necessary for the performance of the parking and charging service.
6.3. The Service Provider agrees to keep the keys to the parked vehicle in their possession, to use the anti-theft device if applicable, and to lock the parked vehicle whenever it is parked.
6.4. In the event of any incident of any kind involving the Customer’s vehicle during the provision of the vehicle security service—such as an accident, attempted theft, theft, fire, collision with a wild animal, or any other damage to the vehicle, its equipment, accessories, or documents—the Service Provider agrees to:
(i) Take all necessary measures to protect the Client’s interests and, where applicable, those of the Client’s insurance company;
(ii) Notify the Customer without delay upon the occurrence or discovery of the aforementioned loss or damage;
(iii) Notify the judicial or law enforcement authorities if necessary;
(iv) File a report with the appropriate authorities if necessary, particularly in the event of theft, and provide the Customer with a copy of the report within 2 (two) days of the incident.
6.5. The Service Provider warrants that the charging stations used to charge the vehicles in its care comply with the electrical safety standards in effect as of the date of installation.
6.6. The Service Provider undertakes to ensure that the vehicles in its care are charged to 80% (eighty percent) at the time they are returned to the Customer. Customers are advised that charging the vehicle to 100% (one hundred percent) may damage the vehicle’s battery.
7. LIABILITY
7.1. Liability for Damages Occurring Without Fault on the Part of the Service Provider
7.1.1. Unless the Service Provider can be shown to have acted negligently in accordance with applicable law, the Service Provider shall not be liable for any damage or loss suffered or caused to vehicles parked in the Parking Lot. This includes, but is not limited to, theft, damage, destruction, or fire.
7.1.2. If any of the events described in the preceding paragraph occurs, the Customer must file a claim with their insurance company.
7.1.3. The Client agrees to reimburse the Service Provider for any amount or compensation that the Service Provider may have paid to a third party on the Client’s behalf in the event of death, bodily injury, and/or property damage suffered by third parties and in which a vehicle belonging to the Client is involved.
7.2. Liability for damages resulting from the Service Provider’s negligence
7.3. The Service Provider is liable for any damage caused to the Customer’s vehicles during the provision of the parking and charging service, provided that it is proven that such damage was caused by the Service Provider’s negligence.
8. TERMINATION OF A CUSTOMER
8.1. Breach of the Terms and Conditions
8.1.1. In the event of a breach of these Terms and Conditions by a Customer, including failure to comply with the obligations set forth in Section 6 above, the Service Provider reserves the right to remove the Customer in question from the Platform.
8.2. Consequences of exclusion
8.2.1. The exclusion provided for in Sections 14.1 and 14.2 results in the removal of the Customer’s personal account from the Platform.
8.2.2. The exclusion of a Client results in the termination of the contract entered into with the Service Provider in accordance with Section 10.3.1. below.
9. TERM AND TERMINATION
9.1. Term
9.1.1. The contract between the Customer and the Service Provider, as set forth in these Terms and Conditions, shall be effective from the time the Service is subscribed to until the Service Provider returns the vehicle to the Customer.
9.2. Termination
9.2.1. Customers are hereby notified that the Service Provider reserves the right to terminate the contract at any time for any of the grounds for termination set forth in Section 9 above. In such cases, the Service Provider shall not be held liable, and the Customer shall not be entitled to any refund of the Price.
10. INTELLECTUAL PROPERTY
10.1. The content available on the GRINGHUB Platform, as well as the Platform itself, may be protected by intellectual property rights (copyrights, trademarks).
10.2. This content, its features, and its functionalities are the exclusive property of the Service Provider. No provision of these Terms and Conditions may be construed as a transfer of intellectual property rights.
10.3. The Service Provider grants the Customers, for the term of these Terms and Conditions, a personal, non-exclusive, and non-transferable right to use the GRINGHUB Platform.
10.4. Customers agree not to (i) attempt to access or copy the source code and/or object code of the Platform; (ii) use the Platform for any purpose other than those provided for in these Terms and Conditions; (iii) create copies of the Platform; (iv) reproduce, correct, extract, modify, translate into any language, reuse, arrange, adapt, decompile (except and only to the extent expressly permitted by applicable law), or incorporate the Platform into another website, software, or application, or create derivative works based on the Platform, regardless of the means or medium; (v) resell, rent, or commercially exploit the Platform, or transfer or license the Platform’s services to a third party; (vi) perform penetration tests or attempt to cause a denial-of-service on the services made available on the Platform.
10.5. Any reproduction, display, use, or adaptation, in any form whatsoever, of all or part of these elements—such as the graphic design, source code, and/or object code, or computer applications—without the Service Provider’s prior written consent is strictly prohibited.
10.6. The fact that the Service Provider does not take legal action immediately upon becoming aware of such unauthorized use, reproduction, or display does not constitute acceptance or a waiver of the right to pursue legal action.
10.7. Any violation of this section without the prior written consent of the Service Provider may constitute an infringement and may result in civil and/or criminal liability for the violator.
11. FORCE MAJEURE
17.1. Pursuant to the provisions of Article 1218 of the Civil Code, a party to these General Terms and Conditions shall not be held liable for the total or partial non-performance of any of its obligations resulting from a force majeure event that meets the cumulative criteria set forth below (hereinafter “Force Majeure”):
(i) The failure to perform is due to a circumstance entirely beyond the party’s control;
(ii) She could not reasonably have foreseen such an impediment and its effects on her ability to perform the contract at the time it was entered into;
(iii) It cannot reasonably avoid or overcome this impediment, or at least its effects.
17.2. Furthermore, a party to these Terms and Conditions may invoke the defense of force majeure against the other party only to the extent and under the conditions set forth in the Terms and Conditions, if applicable.
17.3. The party to these General Terms and Conditions invoking Force Majeure must notify the other party and provide justification without delay by any written means (email, postal mail), followed by written confirmation with acknowledgment of receipt. The parties shall meet to endeavor to find together an acceptable solution to allow for the continuation of the contract constituted by these General Terms and Conditions, it being understood that these General Terms and Conditions shall be wholly or partially suspended while the parties consult. In any event, the party prevented from performing shall do everything in its power to limit the duration and effects of the Force Majeure. The contract formed by these General Terms and Conditions shall be partially suspended as soon as the party affected by the Force Majeure is unable to perform the obligation in question.
17.4. In the event that the Force Majeure event continues for more than twenty (20) days from the date of notification of the Force Majeure by the party invoking it, then the contract formed by these General Terms and Conditions may either be terminated without notice by either party, by sending a registered letter with return receipt requested, without either party being held liable to the other, or amended to adapt to the new circumstances arising therefrom. Each party shall bear the cost of all expenses for which it is responsible and which result from the occurrence of the Force Majeure event.
18. SEPARABILITY
18.1. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions; such severance shall not affect the validity and enforceability of all remaining provisions.
19. AMENDMENTS TO THE TERMS AND CONDITIONS
19.1. The Customer may view the most recent version of the GRINGHUB Platform’s Terms and Conditions at any time. The Service Provider reserves the right, at its sole discretion, to update, modify, or replace all or part of these Terms and Conditions by posting updates and changes on the website www.gringhub.com. It is the responsibility of Customers to check regularly for any changes.
19.2. Continued use of the Platform following changes to the Terms and Conditions constitutes acceptance of the new Terms and Conditions.
20. GOVERNING LAW AND JURISDICTION
20.1. These Terms and Conditions are governed by French law.
20.2. IN THE EVENT OF A DISPUTE, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COURTS OF NANTERRE, NOTWITHSTANDING THE PRESENCE OF MULTIPLE DEFENDANTS, CROSS-CLAIMS, OR THIRD-PARTY PROCEEDINGS, EVEN IN THE CASE OF EMERGENCY PROCEEDINGS OR PRECAUTIONARY MEASURES, IN SUMMARY PROCEEDINGS OR BY PETITION.