PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, SELLERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO PARK.
THE CITY OF CHAPEL HILL STRICTLY PROHIBITS PARKING ON SIDEWALKS – THERE IS NO PARKING ALLOWED ON SIDEWALKS WITHIN CITY LIMITS.
THE CITY OF CHAPEL HILL PROHIBITS THE SELLING OF RESIDENTIAL PERMITS ISSUED FOR ON-STREET PARKING. WE WILL TERMINATE YOUR LEASE AGREEMENT IF WE FIND THAT YOU ARE DOING SO.
Parking Rebel uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement.
1. The website parkingrebel.com ("the site") is parking space rental service which allows you to book parking spaces in Chapel Hill, NC.
2. This site is operated by Parking Rebel Inc. ("we" or "us") and membership is open to any individual that chooses to register for the site.
3. These terms apply to anyone who uses or views content on this website.
5. These terms and conditions will govern your use of our services.
6. The Buyer is the person who is renting the parking space for the allotted period of time. The Seller is the person who is leasing the parking space for the allotted period of time.
Below is a sample lease agreement generated by Parking Rebel.
1. The Seller hereby leases to the Buyer the parking space/garage located at the premises described below: 200 West Cameron Avenue, Chapel Hill, NC 28409 For the following term: From 8 / 19 / 2018 to 12 / 19 / 2018
2. The Buyer agrees to pay the stipulated rent of $500 as handled by ParkingRebel and park only the car matching the following description: Make: Chevy Model: Cobalt Color: Silver
3. The Seller is not responsible for or damage to any vehicle or any items left in a vehicle parked in the designated space/garage. Unless caused by deliberate act and/or malice by his/her self or member of his/her family but is bound by a 'Duty of Care'.
4. The Buyer is responsible for any damage caused by him/herself or by said vehicle to the Seller’s property and/or articles in excess of normal use and wear and tear.
5. The Buyer assures the Seller to remove the said vehicle from the Space/Garage on or before the prescribed time(s) on the appropriate date(s).
Buyers must have an .edu email address in order to sign up to purchase spaces. We allow anyone to sign up using an .edu email address.
Sellers must provide proof of residence in the form of including but not limited to utility bills, bank statements, rental contracts, or deeds. We reserve the right to deny applications for sellers if we deem them not able to rent out their spaces.
Our commission for our services is equal to 20% of the gross price of the parking spot.
For example: You sell your parking space for $500. Parking Rebel takes its commission of 20% = $100. The payment you will receive will be equal to $400. Parking rebel handles payments processing fees.
By purchasing a parking spot, you are instantly booking the parking spot your selected. Once we have received payment and you have accepted the lease agreement your booking will be confirmed and you will have entered a binding agreement with the Seller for the use of their Parking Space. We will send you a confirmation email which will include a contact telephone number for the seller.
You agree that the Website is a platform for advertising Parking Spaces owned by Sellers and we have no responsibility for the Parking Space other than to provide the Services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Seller.
We try to ensure the Parking Spaces advertised on the Website are satisfactory. We offer no warranty as to a Parking Space's suitability for your requirements. We rely on the Seller for details about a Parking Space given on the Website and we use reasonable efforts to verify the accuracy of such information. We offer no warranty in relation to these details.
The dimensions of the parking spot must be able to accommodate a vehicle within the dimensions of 9 feet by 18 feet. In order for a parking space to be "suitable" it must allow enough right of way in order for the buyer and their vehicle to come and go as they please.
QUESTIONS OR CONCERNS
During your rental period, any questions or concerns about the parking space must be addressed by the seller of the parking space. We recommend texting them using the phone number available on the lease agreement.
Upon arrival at the Parking Space at the start of your Rental Period, you should inspect the Parking Space and ensure you are satisfied that it meets the description on the Website. If you are not so satisfied you must contact the Seller immediately. Where possible, any dispute between you and the Seller relating to the Parking Space should be dealt with at the start of the Rental Period and without our involvement so that you may still fulfill your Booking. Where this does not prove possible, you agree that Parking Rebel may mediate (at its discretion).
PAYMENT - BUYERS
We use Braintree to handle payments on our website. We do not store or otherwise maintain payment data outside of our chosen partner.
Payment in full is required in order to lease a parking spot on our website. We only accept monies that are processed through our payment provider Braintree. We do not accept checks or cash at this time.
PAYMENT – SELLERS
Payment in full is required for buyers to purchase a parking spot on our website. We will send your monies 30 days after the start of the lease. We do this to ensure that buyers are able to reasonably access their spaces and that no problems arise. If any problems do occur within the first 30 days, we hold the right to refund the buyer their payment if we deem that the seller did not honor their initial agreement. In rare cases we may also terminate the sellers account and ban them from listing on the website for 2 years.
For example: You sell your parking space for $500. Parking Rebel takes its commission of 20% = $100. The payment you will receive will be equal to $400. Parking rebel handles payments processing fees. You will receive your payment in 30 days.
TERMINATION OF LEASE AGREEMENT
For buyers, you are allowed to terminate the lease agreement you entered into when you purchased parking spot up until the day you are allowed to park on the premises.
For sellers, you may not terminate the lease agreement you entered into when you sold the parking spot unless we deem that you are operating in direct violation of our terms of service. We do this to protect our buyers from undue hardship from needing to find parking at the last minute if a cancellation were to occur.
We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Seller during the License Period. We act as agent for the Seller and by making a Booking you are entering an agreement with the Seller under which the Seller is bound to provide you with the Parking Space.
Unless stated otherwise in these Terms, once we have confirmed your Booking we have no further obligation to you in relation to the Parking Space, your Rental Period or your Booking and all responsibility lies with the Seller.
We try to ensure that our Seller offer a good service and provide their Parking Space as such to meet your expectations but we accept no responsibility and will have no liability to you if the Parking Space or the services of the Seller generally do not meet your requirements or you find them unsatisfactory in any way. Your right of action or claim in such circumstances will be against the Seller but we may assist (at our discretion) in seeking to resolve a dispute between you and the Seller.
In the rare case that an incident arises between the Buyer and the Seller we will act as an intermediary to make sure a resolution is found.
In the case of damage to the property by the Seller, the Seller is liable to any damages that can reasonably be attributed to the Buyer.
In the case of damage to a buyer's car, that matter should be handled by the Buyer’s car insurance.
Regardless of where you are domiciled any claims brought against Parking Rebel must be filed in a US court. Any arbitration, mediation or other conciliatory process must be initiated and carried out in the US. You agree to submit to the exclusive jurisdiction of the courts of the United States of America.
Notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration.
The parties will split the arbitrator's fee.
Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.
You agree that the provisions in this clause will survive any termination of this Agreement.