Terms and Conditions
Last updated: June 22 2019
Terms and Conditions ("Terms", "Terms and Conditions")
govern your access or use by you of website; https://www.otterparking.com, (the
"Service" or “Site”) operated by Otter Parking
("us", "we", or "our"). Please
read these Terms carefully before using the Service. Your
access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms, including
These Terms apply to all visitors, users and others who access or use the
Service. By accessing or using any part of the Service
you agree to be bound by these Terms. If you disagree with any part of the
terms then you may not access the Service.
“Host” refers to the person who temporarily lends his/her private parking space to Driver.
“Driver” refers to the person who temporarily rents parking space for the sole purpose of parking or storing Driver’s own Identified Vehicle for the duration of Booking.
“Users” refers to Driver and Host collectively, or anyone who accesses or uses our website.
“Vehicle” refers to Driver’s registered; car, SUV, van, truck, Recreational Vehicle, trailer, or motor cycle, that must be owned, leased, financed or rented under Driver’s name or the Vehicle that Driver has a legal authority to use. Driver is responsible to inform Vehicle information to host prior to entering host’s property. Drivers are encouraged to provide Vehicle information such as plate number, model, colour, type, etc. in the additional details section of a booking request.
“Booking” or “SharePass”– through Otter Parking, when Driver requests booking and if it's confirmed by the Host, then the Driver and the Host enter an binding agreement. A confirmed Booking or SharePass is deemed active between the starting hour & date and the ending hour & date during which Driver's payment will be held by STRIPE - a reputable payment processor company. Under an active Booking, Host allows the Driver to park or store his/her Vehicle on Host’s private property. In return, Host generally receives payment 2-3 days after the SharePass expires. Otter Parking sets out such payment rule to promote fair transactions between the Driver and the Host.
“Cancellation and Refund Policy” is general cancellation and refund policy defined by Otter Parking.
Our Service allows private property owners ("Host") to post their property to rent to drivers ("Driver") for the sole purpose of parking Driver's own personal Vehicle for the duration of time as specified on a booking. In return, Hosts can earn extra income and Drivers can save on parking costs. Except parking or storing Vehicle, Driver cannot use the space for any any other purposes including but not limited to maintenance work, accommodation, commercial purposes, idling or any other activity not related to parking or storing. Once the Driver’s Vehicle is parked, Driver must leave the private property immediately or within a reasonably short period of time.
Otter Parking allows Host to post, store, share and otherwise make available certain information, text and graphics ("Content"). Host warrants that any property posted on the Website is a private property solely owned by the Host. Host grants us the right and license to use, modify, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Hosts agree to provide the most accurate information and not deliberately misrepresent or omit any information of the Content. Hosts are responsible to abide by all laws and regulations when choosing to lend Host’s parking space through the Service, such laws and regulations include and are not limited to federal laws, provincial laws, bylaws, tenant agreement, and condominium regulation. Where applicable, Host is encouraged to review tenant agreement, apartment and/or condominium regulation, and receive a written consent from the landlord prior to lending a leased parking through the Service. Host has the full responsibility of the Content that is posted by Host, including its legality, reliability, and appropriateness of information. To operate our website and provide Service to you, we charge a service fee when Booking is confirmed. Host service fee is 7% of the subtotal of the daily parking rates plus tax where applicable. Host’s minimum transaction fee is $0.50 CAD.
Availability of Space
Otter Parking community promotes hassle-free shared parking experience for all Users. Hosts may post private parking space that he/she has the primary decision right of its occupancy. Such parking space must be Host’s private property that is deemed available and be vacant when Host chooses to. During the active Booking, if the Driver cannot park his/her identified Vehicle because someone else’s Vehicle partly or fully occupies the space, Driver must contact Host immediately and Host is responsible to help resolve the issue as soon as possible.
Host acknowledges that if the unavailability of parking space that lasts longer than 30 minutes after informed by the Driver, then Driver may submit a refund request for the refund for that day. Otter Parking has the authority to apply discount(s) to Driver and such amount will be deducted from the total amount payable to Host. Frequent incidents reported regarding the unavailability of Host’s parking space may cause Host’s posting to be removed from the Website.
To qualify for the refund, Driver must submit a refund request immediately to email@example.com and the request must be submitted at least 2 business days prior to the ending hour of Booking. Driver is responsible to provide appropriate proofs and/or photos with the encrypted electronic time stamp of 1) someone else’s Vehicle occupying the reserved space during an active-confirmed booking, 2) and that the unavailability lasted more than 30 minutes after Host has been contacted.
Cleanness of Space
Prior to a start of Booking, Hosts are encouraged to confirm the cleanness of parking space to welcome the Driver. During an active Booking, Drivers are responsible to keep the space tidy, and maintain the space as clean as it was first found. Littering is not allowed on Host’s property.
Hosts may define their own House Rules on posting. Such rules may include lost key/fob policy, security deposits, and any other rules that pertains to the use of Host’s private property. Drivers are advised to print a copy of House Rules at the time when Booking request is made and/or confirmed.
Host and Driver are responsible to make appropriate arrangements to facilitate the initial entry to Host’s parking space as smooth as possible. Users shall communicate through the built-in messaging feature. Exchanging personal contact information is not recommended in order to protect your personal information.
An active-confirmed Booking or Active SharePass allows the Driver to temporarily use Host’s parking space to park or store Driver’s own Identified Vehicle. Prior to initial entry to Host’s Property, Driver is responsible to inform the Host about Vehicle plate number, Vehicle colour and Vehicle model such that Host can recognize Driver’s Vehicle. One identified Vehicle is allowed per SharePass. Host may refuse the entry of unidentified Vehicle or any other Vehicle that is not approved by Host. Driver shall park his/her Vehicle on the parking spot where Host assigns. Driver agrees to be cautious and shall not cause interference to the access to other parking nearby or block entry to Host’s property. Driver’s access to Host’s property is limited to the use of parking spot and that Driver must not enter any other portion of Host’s property. All other activities unrelated to parking or storing; including but not limited to accommodation, maintenance work, commercial, idling, littering, illegal conduct, publically immoral activities, and/or causing annoyance to neighbours, are prohibited on Host’s property. Drivers reported of the above may get their active booking cancelled and your account may be banned or removed permanently from our Service.
Driver is responsible for the personal safety of Driver and for the
security of Driver’s Vehicle while using Host’s property with SharePass. Driver
must be able to make sound judgement at all times and must stop using Host’s
property when personal safety or security of Vehicle is deemed threaten. Driver
acknowledges and agrees that the use of Host’s property is
Driver agrees to indemnify, defend, and hold harmless Host or Otter Parking against all damages, expenses, loss, and/or injury arising from Driver’s use of Host’s Property due to Driver’s own negligence or from unavailability of parking space.
Otter Parking may share Users’ personal information with law enforcement to help advance investigation of any unlawful activity or allegations. Drivers and Hosts agree to keep every interaction with each other and/or with Host’s neighbours arising from using the Service in a respectful, moral and courteous manner. Depending on the area and available parking spots, Driver service fee ranges from 7% of the subtotal of daily parking rates plus tax where applicable. Driver’s minimum transaction fee is $0.50 CAD.
Driver is responsible to maintain Vehicle insured as required by applicable law. Always make sure you understand your insurance coverage as parking or storing Vehicle at Host’s property is at Driver’s own risk.
Check-in and Check-out
Driver may start parking or storing Identified Vehicle at the initial starting hour of a confirmed booking. Driver must inform Vehicle information to Host prior to entering Host's property. The check-out time is 30 minutes prior to the last ending hour of a Booking. This is to allow Host to verify the condition of property prior to the arrival of the next person. Over staying is strictly prohibited to ensure hassle-free experience for all Users. Driver’s Vehicle that overstays after the ending hour of an Active SharePass on Host’s Property or without an Active SharePass may be removed at Driver’s own risk and expense. Driver acknowledge that without an Active SharePass, your Vehicle is unauthorized to be parked or stored at Host’s Property and that Host may request a third party to remove your Vehicle. Host is encouraged to communicate with Driver immediately when overstaying happens and vice versa. If possible, Host should allow at least one hour for the Driver to remove the Vehicle prior to contacting a third party for removal service. Otherwise, the Host may claim overstaying fee equivalent to the original daily parking fee and Driver agrees to pay the fee within 10 business days, or Driver may request to extend booking depending on the availability.
Cancellation and Refund Policy
Our Cancellation and Refund Policy is set out to protect both Driver's and Host’s interest. When Driver cancels a booking request that has not yet been confirmed by the Host, the Driver will receive 100% total daily rate plus all Service Fee. Driver who wishes to cancel a confirmed booking is responsible to submit a cancellation request within 2 days after the booking has been confirmed. Driver will be refunded 50% of total daily rate minus the Service Fee. If 2 days have gone by since the confirmed booking, unfortunately we can't offer you a refund.
When Host submits a cancellation request to a confirmed Booking, 100% of remaining daily rate is refundable minus the Service Fee. Host-driven cancellation of a confirmed booking over two times a calendar year may cause the posting to be removed from the Website as our community values hassle-free parking experience for both Drivers and Hosts.
Users are encouraged to resolve conflicts directly each other with respect and integrity. Users shall inform us immediately if you require Otter Parking to intervene. Users acknowledge and agree that Otter Parking has the final say on a cancellation request or the total amount of refund in any case.
STRIPE Service Fee
During an Active Booking, the Driver, as a temporary occupier of Host’s private parking, may need to remove snow and/or ice to make use of the Parking space. Host is encouraged to help or provide access to tools such as shovel, salt, sand, or gravel to the Driver. If such tools are provided by the Host, Driver must not take them away from Host’s property. If such tools are not provided by Host, Driver may need to bring their own means to remove snow or ice. Driver understands and agrees that Driver or any accompanying person has the sole responsibility of slip and fall on Host’s property or any other damages or injuries due to snow or ice.
Drivers with good experience with the Host or with satisfaction on the accuracy of Host’s posting will likely leave positive reviews and the opposite may also be true. Host understands that Host cannot control which comment(s) to be shown on the Content. All Users agree to keep every interaction in a professional and respectful manner.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
If you wish to reserve parking spot through Otter Parking, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your vehicle plate information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: service availability, errors in the description or price of service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to federal law, provincial law, and bylaw. Also it is your responsibility to abide by your tenant rules, common condominium rules, or any other rules and/or polices that are agreed between you and your landlord. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. Otter Parking may disclose your information to law enforcement if any breach or violation is suspected with the sole discretion by us.
Damage to Property
Otter Parking community values personal conduct with integrity and honesty. Driver must notify the Host and Otter Parking immediately if Driver has caused any damage to Host’s property. Driver agrees to be honest and reimburse the cost of repair if requested by the Host. Host agrees to act with integrity and agrees to minimize the amount of reimbursement and/or cost of repair as much as possible. Also Host must notify Driver and Otter Parking of any damage done to Driver’s Vehicle by the Host. Host agrees to be honest and reimburse the cost of repair if requested by the Driver. Likewise, Driver agrees to act with integrity and minimize the cost of repair and/or minimize the amount of reimbursement request to Host.
These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Otter Parking. Otter Parking has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OtterParking shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation of Liability
In no event shall OtterParking, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Users agree to indemnify, defend and hold harmless Otter Parking and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is Users responsibilities to check for updates regularly. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may stop using the Service.
Availability of Service
We are constantly updating and improving our tools and features provided within OtterParking website. We strive to improve user experience by implementing changes. All tools, features and information available today are not guaranteed to be available in the future. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Our website may experience temporary downtime for any technical reasons. OtterParking understands this may cause inconvenience to Users and we will strive to make the Service available 99% of the time. Users acknowledge that OtterParking does not willingly cause downtime and Users agree that OtterParking is not responsible for any loss that maybe caused by discontinuity of any and all of the Service.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, fitness for a particular purpose, non-infringement or course of performance. OtterParking and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org