Aviso Legal y Términos y Condiciones

LEGAL NOTICE AND TERMS AND CONDITIONS

Identification: 

www.wizipark.com and www.wizipark.es ("Wizipark" or "us") are websites fully owned by the company Wizipark S.L. (referred to as "We", “Company” or “Platform”) with its domicile at Calle Las Suertes 11, 47196 La Pedraja de Portillo, Valladolid, España, CIF XXX, registered in the Mercantile Registry of [Province], Volume XXX, Book XXX, Folio XXX, Sheet XXX and contact email address : XXXX. 

By using or registering to our website and mobile application (jointly, the "Platform"), you agree to be bound by these Terms and Conditions (the "Terms" or the "Agreement") which constitute a legally binding contract that governs your use of the Platform and services provided by Wizipark. If you do not agree, you must not register or use the Platform.

Other Sites and Links
Wizipark may provide links to external websites or services for user convenience. These links do not imply endorsement, and Wizipark is not responsible for the content, privacy practices, or policies of these external sites. Users access such sites at their own risk.

Users may link to Wizipark’s website for non-commercial purposes, provided such linking is fair, lawful, and does not harm Wizipark’s reputation or interests. Any commercial use or other purposes require prior written permission from Wizipark.

Purpose of the platform.

Wizipark is a digital intermediary that connects companies or individuals who wish to rent out parking spaces (“Owners”) with users seeking to book parking spaces (“Clients” or “Drivers”). Owners and Clients/Drivers are collectively referred to as “Users” or “Consumers.”

Platform usage and user responsibility

Registration is mandatory to use the full service of the Platform. By registering, users:

• Provide accurate, complete, and up-to-date personal or company information when registering or using the platform.

• Give express consent to these Terms & Conditions, the Privacy Policy, and the Cookies Policy of Wizipark.

• Use the platform solely for lawful purposes and in compliance with all applicable laws, regulations, and third-party rights;

• Ensure that any personal, business, or listing information submitted is accurate and not false, misleading, or fraudulent;

• Refrain from using false identities or impersonating others;

• Maintain the confidentiality and security of their account credentials, ensuring the account is used only by the registered User;

• Keep their devices secure, including using up-to-date antivirus software, and prevent any unauthorized access to the Platform;

• Accept full responsibility for all actions taken under their account.

These Terms apply to any person who registers, views or uses the platforms (the 'Consumer' or the 'User'), including users accessing the platforms from outside of Spain. The platforms are operated from Spain, and these Terms are governed by Spanish law, without prejudice to any mandatory consumer protection laws that may apply in the User’s country of residence. 

Wizipark reserves the right to modify these Terms at any time. Registered Users will be notified of any material changes via email or a notice on the Platform. Continued use of the Platform after such notification constitutes acceptance of the updated Terms. If a User does not agree to the changes, they must discontinue use of the Platform.

Detailed Service Description:

Platform

The platform acts solely as an online and digital intermediary. We do not own, operate, manage, maintain or control any of the parking spaces listed. Therefore, we disclaim any and all liability arising from the relationship between the owner and the customer. In the event that an owner publishes a parking space offer under the owner’s terms and the customer accepts it, a binding contractual relationship for the rental of the parking space shall be established exclusively between the owner and the driver. Therefore,we are not a party to any rental or service agreement entered into between Owners and Clients, and disclaims all liability and responsibility related to the condition, legality, accuracy, safety, availability, or suitability of any parking space listed on our platforms. 

Wizipark’s role is limited to facilitating technical infrastructure for listing, booking, and payment processing via third-party providers such as Stripe. Wizipark does not store or have direct access to Users’ payment credentials.

The decision to use the services is solely yours, and Wizipark is not responsible for consequences arising from service use.

Below some non – exhaustive examples of situations for which Wizipark is not responsible include:

• Safety of persons or property in used parking spaces.

• The legal or contractual relationship between Owners and Drivers

• Personal damages or injuries, theft or property damage arising from booked services and occurring in or around the parking spaces.

• Accuracy of information provided by parking space owners in listings.

• Consequences of inability to access or use a parking space or parking-related delays.

• Technical issues, viruses, or service interruptions on the Platform or via mail.

For Owners

Owners must register an account on the Platform and complete their profile by providing accurate and up-to-date personal or company information, including but not limited to name, address, payment details, NIE/NIF number, and registration or identification number. Owners must also connect and configure their Stripe account to receive payments. This setup is mandatory in order to list parking spaces.

When listing parking spaces to be rent out per hour , day or month, Owners must provide complete, accurate, and truthful information, including but not limited to:

• The exact location of the parking space.

• The rental price (clearly excluding VAT and Platform service fees);

• Characteristics and features of the space;

• Availability by hour, day, or month;

• Detailed access instructions;

• Any restrictions, limitations, or special conditions applicable to the use of the space.

Owners expressly agree to:

• Keep their listings accurate and up to date at all times
  
  

• Maintain the parking space in a usable and safe condition.
  
  

• Honor confirmed bookings in accordance with the agreed terms
  
  

• Respond promptly to inquiries from the Platform or Users.

It is the sole responsibility of the Owner to ensure that they possess the full legal capacity, authority, and right to register, list, and lease the parking space. The Owner represents and warrants that they are legally entitled to enter into rental agreements for the parking space and to comply with all applicable laws and regulations. The Platform does not conduct any verification of the Owner’s legal capacity, title, or authority to lease the parking space, and shall bear no responsibility arising from the Owner’s lack thereof.
Owners shall be solely responsible, both towards the driver and towards us, for obtaining any and all permits, licenses, or authorizations, whether public or private in nature, that may be required in order to rent out the parking space. The owner shall be liable for any and all damages or losses caused to us or to the drivers, including any administrative penalties arising from such lack of authorization.

Owners are solely responsible for the accuracy of their listings and for complying with local laws, tax obligations, and safety standards. We shall bear no responsibility of liability for any false, misleading or incomplete information provided by owners, nor for any failure by owners to comply with applicable laws or obligations.

Owners acknowledge their legal obligation to declare income derived from the rental of parking spaces, including the obligation to charge and remit Value Added Tax (VAT) as established under Ley 37/1992, del Impuesto sobre el Valor Añadido, Article 11. The Platform accepts no liability in connection with an Owner's failure to fulfill such fiscal obligations. 

Owners expressly authorize Wizipark to transmit relevant financial documentation, including invoices and user identification data, to the Spanish tax authorities when legally mandated to do so.

For Drivers 

Drivers must register an account on the Platform to search, reserve, and pay for parking spaces. To complete a booking, Drivers are required to provide accurate and current personal information, including full name, country of residence, and valid payment details. Incomplete or inaccurate data will prevent booking confirmation.

Drivers must comply with the terms of the reservation, to follow the instructions provided by the owner, and to respect the rules of the parking facility.

Drivers may:

• Browse and filter available listings by location, features, and availability;

• Select the desired parking space and time period;

• See the full price, including the Owner’s fee, applicable VAT, Platform service fees, and Stripe processing fees;

• Complete secure payment via the Platform.

Drivers agree to:

• Use the reserved space exclusively to park the specific vehicle indicated in the booking, identified by the license plate number submitted during the reservation process.

• Follow all access instructions, conditions, and rules set by the Owner;

• Vacate the space by the agreed departure time;

• Leave the space in the same clean and undamaged condition as found.
  
  

Drivers are solely responsible for their actions, any misuse of the space, and full compliance with applicable laws and local regulations during use of the parking space.

Wizipark reserves the right, at its sole discretion, to decline any registration request

Age restrictions

• Users confirm and guarantee that they are at least 18 years old, or of legal age to enter into binding agreements in their country of residence. By accepting these Terms, Users represent and warrant that they meet the applicable age requirements.

• Parents or legal guardians are fully responsible for supervising and controlling access to the Platform by minors, where applicable.

• Users are responsible for safeguarding their login credentials and ensuring that their account is not used by unauthorized persons. All actions carried out through a User’s account remain the sole responsibility of that User.

Reporting Violations

Users should immediately contact local authorities in case of imminent danger or unlawful activity. Reporting violations to Wizipark is not a prerequisite for the Platform to act, unless such reporting is required by law

Responsibility of Wizipark and limitation of liability

Wizipark solely provides via their platforms an online and digital intermediary, enabling Owners to list parking spaces and Drivers to search, reserve, and pay for these spaces. Wizipark is not a party to any rental agreement concluded between Users and does not own, manage, operate, or control any parking spaces listed on the Platform.

Wizipark’s role is limited to:

• Facilitating technical infrastructure for listing, booking, and payment processing via third-party providers such as Stripe. Wizipark does not store or have direct access to Users’ payment credentials.

• Issuing simplified invoices on behalf of Owners and invoicing Owners for applicable commissions, Stripe fees, and VAT, based solely on information provided by the Owners.

• Where legally required, reporting transaction data to the Spanish Tax Agency or other competent authorities in accordance with applicable laws and regulations.

Wizipark makes reasonable efforts to ensure continuous availability and proper functioning of the Platform and to resolve technical issues promptly. However, Users acknowledge that service interruptions, maintenance, updates, or technical failures may occur without prior notice. Wizipark disclaims liability for any inconvenience, loss, or damage arising from such disruptions, except in cases of gross negligence or willful misconduct. 

Any liability arising from slight fault or negligence shall be limited, to the extent permitted by law, to a maximum amount equivalent to the sums collected by Wizipark from the owner to whom the damage was caused during the two monthly periods preceding the event giving rise to the damage.

Wizipark reserves the right to modify, suspend, or discontinue any part of the Platform at its discretion, without prior notice. Wizipark shall not be liable for any inconvenience or loss resulting from such changes.

Wizipark does not verify or control the accuracy, legality, or completeness of content provided by Users, including listings, profiles, access instructions, or messages. Responsibility for such content rests solely with the respective User. In accordance with Article 16 of the Spanish Law on Information Society Services (LSSI), Wizipark shall not be liable for unlawful content unless it has actual knowledge and fails to act expeditiously to remove or disable access.

If Wizipark becomes aware of potentially illegal or harmful listings or content through notifications or lawful requests, it will take appropriate measures in compliance with the applicable law, including Regulation (EU) 2022/2065 (Digital Services Act).

To the maximum extent permitted by law, Wizipark, its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages — including but not limited to loss of profits, data, goodwill, or other intangible losses — arising from:

• Use of, or inability to use, the Platform;

• Agreements, disputes, or transactions between Owners and Drivers, including the use, condition, legality, safety, or availability of listed parking spaces;

• Content provided by Users;

• Technical failures, interruptions, malware, or security breaches affecting the Platform;

• Unauthorized access to or alteration of data;

• Any other matter related to the use of the Platform.

In any event, Wizipark’s total liability for any claim shall be limited to the total amount of fees paid by the User to Wizipark in the twelve (12) months preceding the event giving rise to the claim.

Users acknowledge that they use the Platform at their own risk.

Insurance & safety disclaimer

Wizipark does not provide insurance coverage for Owners, Drivers, or their vehicles. Users are solely responsible for obtaining adequate insurance coverage to protect against risks associated with the use of parking spaces.

Reviews and Communication

The Platform offers messaging and review features for Users’ benefit. All content posted is the sole responsibility of the sender. Wizipark is not liable for the accuracy, legality, or tone of messages or reviews. Comments, feedback, and suggestions become Wizipark’s exclusive property and may be used at its discretion. Prohibited content includes profanity, hate speech, advertising, spam, and explicit material. Violations may lead to removal or account suspension.

Users may notify the Platform of any illicit content received via reviews or chat by sending a notice to the designated email address. However, such notification shall not be deemed to constitute actual knowledge or awareness on the part of the Platform.

Invoicing and Tax Compliance

• Pursuant to Article 5 of the Spanish Invoicing Regulations (Royal Decree 1619/2012), Owners expressly authorize Wizipark to issue simplified invoices for each rental transaction on their behalf. These invoices will include the rental price plus commissions, Stripe transaction fees, and all applicable VAT.

• For the purposes of Article 5(b) of the Spanish invoicing regulations, the acceptance procedure for invoices issued by Wizipark on behalf of owners shall be deemed fulfilled automatically. Each time a payment is successfully processed, the corresponding invoice is immediately generated and made available in the dashboard of both the owner and the end user. The invoice shall be considered accepted by the owner unless any objection is submitted in writing to Wizipark within twenty four (24) hours from the date of issuance, after which it will be deemed fully and irrevocably accepted.
  
  

• Wizipark will issue separate invoices to Owners for applicable commissions, Stripe fees, and applicable VAT, based solely on information provided by the Owners.
  
  

• Owners are solely responsible for reporting, declaring, and paying VAT or any other taxes on earnings generated through the Platform, in accordance with local tax laws. Wizipark assumes no responsibility for Owners’ tax obligations.
  
  

• Wizipark may be required to share and/or report invoices and transactional data to the Spanish Tax Agency, submit invoices to the Verifactu System,  or provide such information to other competent authorities, in accordance with applicable laws and regulations.

Pricing , fees and payouts

Owner Pricing

Owners set the base price for their parking spaces. The final price displayed on our platforms to the Users includes the Owner’s base price, applicable VAT, and any service fees charged by Wizipark and Stripe.

Stripe Payment Processing and Fees

All payments on the Platform are securely processed via Stripe. Wizipark does not store or access Users’ payment details. Stripe applies a non-refundable transaction fee, which is deducted immediately at the time of payment processing. This fee is governed solely by Stripe’s terms and conditions. More info: https://stripe.com/docs and https://stripe.com/es/pricing.

Platform is not a payment institution or a financial services provider. All payment processing services on the Platform are exclusively handled by Stripe, Inc. ("Stripe"), a licensed and regulated third-party payment processor fully compliant with the European Union’s Payment Services Directive 2 (PSD2).

Users acknowledge and agree that all payments, including the collection, processing, and transfer of funds, are subject solely to Stripe’s terms and conditions, which can be reviewed at https://stripe.com/legal. Platform does not store, hold, or control any funds in transit between Users and Owners.

Platform acts only as a facilitator of the payment process and is not responsible for any disputes, errors, or delays related to payment transactions handled by Stripe.

Wizipark Commission

Wizipark charges an 11% service feecommission on each booking. This fee is deducted after Stripe’s commission, before funds are transferred to the Owner. Owners receive the net amount corresponding to their listed price including applicable VAT.

Payout Timing

Payments are captured and held in a segregated Stripe account upon booking confirmation. Funds become available for Owner withdrawal three (3) calendar days after the booking’s scheduled end date, allowing time for dispute resolution and fraud prevention.

Only the vehicle identified by the license plate number submitted during booking is authorized to use the reserved parking space during the rental period.

Additional Charges and Responsibilities

Users agree to pay all applicable fees and taxes. Wizipark implements security measures but does not guarantee uninterrupted secure access. Users bear responsibility for any foreign exchange fees or charges from banks or third-party payment platforms. Owners are responsible for any additional costs related to fund withdrawal, including currency conversion, bank processing fees, or third-party charges. Wizipark does not reimburse these fees.

Cancellation and Refunds
Cancellation policies apply to all Users of the Platform. 

• Hourly or Daily bookings may be cancelled by either the owner or the driver up to thirty (30) minutes before the scheduled start time.
  
  

• Monthly bookings may be cancelled by either party up to seven (7) calendar days before the start date.

• If the driver cancels within the allowed timeframe, a refund will be issued minus the non-refundable Stripe transaction fee.

• If the Owner cancels a confirmed booking within the allowed timeframe, the Client will be refunded in full, and the non-refundable Stripe transaction fee will be deducted from the Owner’s Platform wallet balance

In both cases, if a refund is applicable, the remaining funds will be returned to the driver within X calendar days. Any payout to the owner will be cancelled or reversed immediately if the cancellation is legitimate and within the allowed timeframe.

Cancellations made after the allowed timeframe are not possible, and no refund will be issued in such cases.

Dispute Resolution

Disputes between Owners and Clients must be resolved directly between the parties. If no resolution is reached, Users agree to attempt mediation before pursuing formal legal action. Wizipark may voluntary, at its sole discretion, offer to facilitate mediation but is under no obligation to do so. Users may also express dissatisfaction through the review system or by contacting Wizipark directly at info@wizipark.com

Personal Data Protection and Privacy

Wizipark, as the data controller, is committed to protecting Users’ personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the Ley Orgánica 3/2018 de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD).

Personal data is processed solely for the purpose of fulfilling contractual obligations, enabling payment processing, issuing invoices, and ensuring legal compliance.

Users may exercise their rights of access, rectification, deletion, limitation, and opposition by contacting Wizipark at info@wizipark.com.

For further details, please refer to the Platform’s Privacy Policy.

Prohibited Conduct

Users are strictly prohibited from:

• Submitting fraudulent, misleading, or false information;

• Attempting to circumvent the Platform’s payment processes;

• Engaging in harassment, abuse, defamation, or threatening behavior toward other Users;

• Using the Platform for any unlawful or unauthorized purpose.

Violations may result in immediate suspension or termination of the User’s account, without prejudice to any legal action Wizipark may pursue.

Suspension and Termination

Wizipark reserves the right to suspend or terminate any User account, with or without prior notice, in case of violation of these Terms, suspected fraudulent activity, or any conduct that may harm the integrity, security, or proper functioning of the Platform.

Platform will inform Users of the reasons for any suspension or termination of their account, except where immediate action is required due to illegal activity or to comply with legal obligations. Users will have the opportunity to contest such decisions in accordance with applicable laws.

Force Majeure Clause

Wizipark shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, governmental actions, war, labor disputes, and internet or telecommunications failures.

Miscellaneous Provisions

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed severed without affecting the validity or enforceability of the remaining provisions.

These Terms constitute the entire agreement between the Parties and replace any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of Wizipark.

Intellectual Property Rights: All content, branding, design and intellectual property rights associated with the Platform, including software, trademarks, logo, copyright, database rights, patents, and other intellectual property rights related to the site's content are owned by or licensed to the Company. Users may not transmit, modify, publish, copy, report, distribute, exploit or reproduce any part of the content without prior written consent.

Governing Language

In the event that we provide translations of these Terms and Conditions, the Privacy Policy, or the Cookies Policy, such translations are provided for convenience only. In all cases, the English version shall prevail and be legally binding.

Applicable Law and Jurisdiction

These Terms and the use of the Services are governed by the laws of the Kingdom of Spain. Any disputes arising from the interpretation or execution of this Agreement shall be submitted to the exclusive jurisdiction of the competent courts legally competent under applicable law.