Commercial Terms and Conditions

GENERAL COMMERCIAL TERMS AND CONDITIONS of the firm PARKOVIŠTĚ.CZ s.r.o.

1. BASIC PROVISIONS

1.1. The firm PARKOVIŠTĚ.CZ s.r.o., ID no.: 28411552, with registered seat at Prague 3, Vinohrady, Hradecká 2526/3, PSČ 130 00 (hereinafter referred to as “Company“) concludes contracts with users or parking services (hereinafter referred to as “Customers”) exclusively under these General Commercial Terms and Conditions (“GCTC“), which form an inseparable part of the agreement between the Company and the Customers. The Company does not accept the Customer’s conditions that contravene or differ from the GCTC, unless the Company accepts these explicitly in writing prior to the conclusion of the agreement with the Customers. Such conditions are then valid only for the specific agreement for which they were arranged. When using parking specific, Customers may be, above the framework of GCTC, subject to the operating regulations of individual parking lots issued by their operators; these operating regulations must not contravene the Parking Lot Use Conditions stipulated in Article 5 of GCTC.

1.2. The Company is a mediator of parking services offered by providers of parking lots (hereinafter referred to as “Provider“), with which it has contracts on the sale of parking services, on the basis of which it is entitled to offer and sell parking services to Customers and arrange bookings of parking places for customers on the basis of concluded agreements. The Company is authorised by the Provider to take all legal steps on behalf of the Provider that are required for the performance of the rights and obligations of the Company on the basis of GCTC and the agreement on the sale of parking services, primarily to offer Parking Services to the Customers and conclude agreements on the provision of Parking Services in the Provider’s Parking Lot to the Customer in line with article 2 of GCTC and to accept payments for Parking Services from the Customers and to issue parking cards in compliance with article 2.5 of GCTC; these parking cards serve the purpose of evidencing the payment and Customer’s right for the Provision of Parking Services on the Provider‘s Parking Lot from the Provider.

1.3. The term Parking Services refers to the provision of parking places for short-term or long-term placing of vehicles. A detailed description of parking services and their levels is contained in article 6 of GCTC.

2. ESTABLISHMENT OF CONTRACTUAL RELATIONSHIP

2.1. Customers submit orders of parking services via the Company’s website (www.parkoviste.cz). On this website, each Customer fills the on-line order form and sends the filled order form to the Company for processing, together with his/her identification data. When filling the order form, Customers choose the required parking lot, level of parking services and state the initial parking date and/or hour. The initial parking date and hour filled by the Customer may be no sooner than 24 hours after the sending of the order form.

2.2. When submitting the order, the Customer is obliged to provide an electronic mail address (e-mail), for which technical functionality must be secured for the period from the sending of the form to the completion of the agreement. Customers are primarily obliged to secure the reception of the electronic mail (e-mail) from the Company with correct spam-filter setting.

2.3. Messages sent by the Company via e-mail to the e-mail address acc. to article 2.2 are considered delivered to the Customer upon their sending. The Company is responsible for transmission errors only in the case of errors on its part. The Customer is entitled to present evidence of non-delivered mail, if the error did not occur on its part.

2.4. The order form includes an application for the payment of the price of the parking services. This price consists of the price of parking services on the basis of data submitted by the Customer acc. to article 2.1 (hereinafter referred to as “Price”). The Customer will make reimburse the Price via the payment gate operated by Česká Spořitelna, a.s.

2.5. The order will be confirmed to the Customer immediately after the payment of the full amount of the Price to the Company is confirmed by the provider of financial services. A confirmation will be sent to the Customer via e-mail to the e-mail address stated in the order form. Simultaneously with the confirmation of the order, a parking card with a bar code will be sent to the Customer; this will serve the Customer as an evidence of his/her right for the provision of parking services from the Provider. The Customer is obliged to print this parking card with the bar code on a clear A4 piece of non-coloured paper and store it so that it does not get crumpled or otherwise devalued.

2.6. By sending the order form, the Customer presents the Company with an offer to conclude an agreement on the provision of parking services. The moment when the Customer receives confirmation of reception of the order from the Company via e-mail constitutes the moment when an agreement is concluded, legally binding for the Company and the Customer. On the basis of the agreement concluded this way, the Customer gains the right for allocation of a parking place in the Provider’s parking lot. The agreement on the provision of parking services may be concluded just in Czech language.

2.7. If the Customer finds out after sending the order form that this order form contains incorrectly filled personal data, he or she is obliged to notify the Company immediately via e-mail. In this notification, the Customer should state what data was filled incorrectly and what the correct data are.

2.8. If the Customer finds out after sending the order form that an incorrect parking lot was selected in the order or the data about the beginning and length of the parking period was filed incorrectly, he or she may inform the Company about this via e-mail. The Company cannot ensure the change of an incorrect booking if it receives the request for the booking changes less than 24 hours before the parking time.

2.9. The Provider is obliged to allocate a parking place to the Customer who ordered the parking services through the Company and shows a valid parking card to the Provider.

3. INFORMATION ABOUT CUSTOMER DATA

3.1. Personal data (name, surname, birth date, address, e-mail address and telephone of the Customer, hereinafter jointly referred to as “Data”), provided to the Company acc. to article 2.1 of these GCTC by the Customer for the purpose of the ordering of parking services will be used exclusively for the fulfilment and implementation of the agreement between the Company and the Customer. The data are not conveyed to the Provider, with the exception of (i) verification of the Customer’s identity upon his request in the case acc. to article 5.6 of these GCTC, (ii) the case when a complaint concerning the parking services is incorrectly raised against the Company and the Company cedes it to the Provider in compliance with article 8.2 of these GCTC and (iii) the option of exertion of compensation for damage caused to the Provider by the Customer within the use of the parking services. The Company is entitled to use the Data, with the exception of the birth date, for the sending of information about new products and other novelties from the firm’s offer, if the Customer does not refuse distribution of such messages.

3.2. By providing his/her personal data in the order form together with the order of parking services, the Customer voluntarily grants approval with the processing and storage of the said personal data by the server operator in line with act no. 101/2000 of the Coll., on personal data protection and the change of selected act, in the wording of later directives.

3.3. If the Customer finds out that his/her data are being processed in contradiction to the protection of his/her private and personal life and/or in contradiction to the provisions of the personal data protection act, primarily if the Data is incorrect with regard to the purpose of their processing, he or she is entitled to request an explanation from the Company and rectification of the situation. The data may primarily be blocked, altered, supplemented or removed. If the Customer’s requirement is legitimate, the Company will rectify the detrimental situation immediately. If the Company does not comply with such a requirement from the Customer, the Customer is entitled to turn to the Personal Data Protection Office. Regardless of the above stated procedure, the Customer has the right of turning to the Personal Data Protection Office directly.

4. ORDER CANCELLATION

4.1. The Customer has the right to cancel the order no later than 24 hours before the parking period stated in the Customer’s order form according to article 2.1 of the GCTC. In such a case, the paid Price will be returned to the Customer, with the deduction of a flat fee of CZK 50 for the coverage of the Company’s administrative costs related to the processing of the Customer’s order and the cancellation of the order, as well as related payment costs.

4.2. The Customer sends the request for order cancellation together with the order number allocated upon order confirmation acc. to article 2.5 of the GCTC electronically to the e-mail address stated on the website www.parkoviste.cz. In the e-mail message, the Customer should state the number of the account to which the Price is to be returned, after the deduction acc. to article 4.1 of GCTC.

4.3. Requests for order cancellations accepted less than 24 hours before the commencement of the parking period stated in the order will be turned down. In such a case, the full amount of the paid sum belongs to the Company.

5. PARKING CARD USE

5.1. When entering the Provider‘s parking premises, the Customer shows the valid parking card with the printed barcode. After the verification of the barcode by a reader or Provider’s parking lot staff, the Customer will be granted entry to the parking lot. In case of reasonable doubts on the part of the Provider about the validity or authenticity of the parking card, Customer will be denied access to the parking lot.

5.2. When leaving the parking lot, the Customer will show the parking card again. After the card is verified by a reader or parking lot staff, a certificate will be issued for the provided parking services. The Customer may not leave the parking area with his/her vehicle prior to the completion of the issuance of the accounting certificate for the provided parking services.

5.3. In case that the Customer leaves the vehicle in the parking area for a period longer than stated in the order of parking services and corresponding to the paid Price, the Customer will reimburse the difference between the paid Price and the final bill in cash in the location.

5.4. If the Customer who has purchased a parking card allowing single entry to a parking lot leaves the parking area with his/her vehicle prior to the expiration of the period for which the parking services were booked, a final bill for the parking services will be issued and the parking card will become invalid. In such a case, the Customer will not be allowed to return to the parking lot with the existing parking card, regardless of the fact that the period stated in the order form has not expired yet.

5.5. Under the conditions specified in article 5.5, the Customer has no right for reimbursement of the balance of unused parking services.

5.6. In case of loss, theft of damage to the parking card, the Provider will charge the Customer an extra flat fee of CZK 50 above the framework of provided services for the verification of the Customer’s identity and the extent of the parking services ordered and paid by the Customer. The Customer is obliged to notify the parking lot Provider about all losses, thefts or damages to the parking card.

6. TERMS OF USE OF THE PARKING LOT

6.1. The provisions of the act no. 361/200 of the Coll., on the traffic on roads and ground communications and on changes to selected acts (act on road traffic), in the wording of later directives, is fully valid and effective in the parking lot, together with the potential operation rules issued by the Provider. If some of the provisions of these operation rules are in contradiction to this article 6 of GCTC, the GCTC provisions have a priority.

6.2. Entry to all parking lots is prohibited for vehicles that do not comply with the requirement set by special legal norms for traffic on roads and ground communications.

6.3. The driving speed in the parking lot premises is limited at max. 20 km/hr. When moving in the parking lot premises, the vehicle’s lower beam lights must be turned on.

6.4. The Customers are obliged to observe the fluency and security of traffic in the parking lot premises, the warning signs and to adopt their driving to the traffic conditions in the parking lot. Each Customer is primarily obliged to keep the access and departure paths free for other users of the parking premises.

6.5. Vehicles with exclusive or combined gas drive (LPG/LNG) are prohibited from entering and parking in underground parking lots and parking lots with closed structures. The information whether this ban applies to the required parking lot is available for the Customer during the filling of the order form and is stated on the sent parking card.

6.6. Customers are obliged to respect the ban on parking outside the defined and marked parking areas, primarily on access and departure paths, on pedestrian crossings and in front of emergency exits.

6.7. Customers are obliged to observe banks on smoking and use of open fire in the entire parking lot premises.

6.8. In the parking lot premises it is prohibited to:

6.8.1. carry out any vehicle repairs/maintenance;
6.8.2. refuel from petrol cans or other similar container or handle these in any manner;
6.8.3. wash and/or clean vehicle bodies or interiors;
6.8.4. manipulate with engine oil or other hydraulic or cooling fluids.

6.9. The Customers are also obliged:

6.9.1. to use for parking solely the place allocated for the given type of vehicle;
6.9.2. to park duly acc. to the used horizontal marking on the floor so that each vehicle occupies just one allocated parking place and does not reach out or limit the other users of the parking lot;
6.9.3. to secure the vehicle against self-motion;
6.9.4. to continually maintain and allow free access to portable fire extinguishers, electricity distributors, hydrants and other security and servicing equipment;
6.9.5. to respect instructions from parking lot staff during the cleaning and maintenance of the parking lot.

6.10. The Customer is obliged to secure the vehicle against theft, i.e. primarily always duly lock the vehicle he or she is leaving, close its windows and secure it with security equipment that comes with the vehicle or that is available to the Customer. It is prohibited to leave any jewels, over CZK 5,000 of cash or any other valuables in the vehicle.

6.11. Each Customer is obliged to check prior to leaving the vehicle that the engine and the lights were turned off.

6.12. No persons below 18 years of age and no animals may stay in the parked vehicle.

6.13. In the case of the occurrence of an extraordinary event, everyone in the premises of the parking lot is obliged to comply with the instructions from the parking lot manager/administrator and other responsible staff.

6.14. Pedestrians moving in the parking lot premises shall use only the side strips and other allocated paths. When going up/down between floors, they must use solely the stairs or lifts designed for this purpose. It is prohibited for them to use the access or departure ramp for entering/leaving the parking lot.

6.15. Customers moving in the parking premises are responsible for any damages that they cause to the Provider or third parties through their actions.

6.16. Inn case of failure to comply with the above-stated binding rules of parking lot use, the Provider, or authorised persons, is entitled to levy a fine of up to CZK 500 upon the Customers, depending on the nature and seriousness of the offence.

7. PARKING ZONES AND PROVIDER’S RESPONSIBILITY EXTENT

7.1. Parking services are offered in up to 3 levels of extent. The availability of individual levels of parking services provided by the Provider on each parking lot is stated on the Company’s website where the Customer submits the order acc. to article 2.1 GCTC. When ordering the parking services, the Customer chooses one of the parking services levels specified below. Based on this choice, the Customer will be allocated a parking place in the relevant parking zone, with security corresponding to the selected parking services level. The selected level of parking services and the allocated parking zone are stated on the parking card that the Customer receives after paying the Price in compliance with the provision of article 2.5 of GCTC.

7.1.1. Unguarded parking lot zone: in this zone, the Provider cannot be held liable for damage, loss or theft of vehicles, their accessories and other left items.
7.1.2. Guarded parking lot zone: This zone is guarded by a security guard and monitored with a camera system. In this zone, the Provider is liable for damage to vehicles legitimately placed in the parking premises, including their usual accessories, in line with the provisions of §435 of the act no. 40/1964 of the Coll., the Civic Code, in the wording of later premises. The Provider is not liable for damages to items left in the transport vehicles.
7.1.3. Zone of parking lot with above-standard guarding: This zone is guarded by a security guard and monitored with a camera system. In this zone, the Provider is liable in the extent specified in article 7.1.2 and is also responsible for damages to items left in vehicles in the value of up to CZK 5,000.

7.2. Vehicle accessories include e.g. reserve tyres, lifters, assembly tools, car radios, as well as other accessories belong to the vehicle owner and designed for permanent use with the vehicle.

7.3. If the damage was caused also by the fault of the damaged Customer, the Customer is liable for the adequate proportion of the damage. If the damage was caused solely by the fault of the damaged Customer, the Customer bears the full extent of the damage.

8. COMPLAINTS AND SERVICE RECLAMATION

8.1. All complaints and reclamations concerning the arrangement of the provision and booking of parking services, the payment of the Price and the issuance of the parking card must be sent in writing to the Company’s address; documents evidencing the complaint must be attached. In the letter, the Customer should state the relevant information on the basis of which he/she is complaining about the provided services, primarily the data supplied acc. to article 2.1 of GCZC and data specifying when the reason for the complaint occurred and where the Customer sees the error on the part of the Company.

8.2. After receiving the complaint/reclamation, the Company identifies the cause of the reclamation. If the cause is not determined on the part of the Company, the complaint will be forwarded to the relevant Provider, who is obliged to comment on it within the legally defined term. The Company is not liable for parking services provided by the Provider and does not handle reclamations on behalf of the Provider.

8.3. All reclamations pertaining the parking services provided by the Provider must be sent in writing to the Provider’s address, with documents evidencing the complaints attached. In the letter, the Customer should state the relevant information on the basis of which he/she is complaining about the provided services, primarily the data supplied acc. to article 2.1 of GCZC and data specifying when the reason for the complaint occurred and where the Customer sees the error on the part of the Provider.

8.4. If the cause of the complaint is determined on the part of the Company, the Customer will be notified that the complaint had been settled by the Company.

9. FINAL PROVISIONS

9.1. The Company reserves the right to turn down an order of parking services and acceptance of Price payment in the case that the capacity of the selected parking lot has been used up fully for the selected date/time.

9.2. If, in the case of an unexpected electricity outage, other technical error on the part of the Company or the Provider or a situation caused by extraordinary circumstances, a parking place is not made available for the Customer within 30 minutes after the commencement of the booked parking time, the Customer has the right to request the return of the paid parking fees. At the same time, the Customer has the right to submit a new order for any parking lot, in extent up to the extent of the original order. The Customer will have the same rights also in the situation when a parking place is not allocated within 30 minutes since the commencement of the booked parking time due to an administrative error on the part of the Provider. The Customer shall enforce the claim for the return of the parking fee by the parking lot Provider immediately after the parking place is not granted within the above-stated time limit; the paid Price will be paid back in full amount. The Customer cannot enforce the return of the paid deposit for the provision of parking services due to non-allocation of booked parking place within 30 minutes from the Company in retrospective. The Customer may enforce the application for the creation of a new order by the Company via e-mail within 30 days from the non-allocation of the booked parking place. This application should feature personal data, original order number and selected parking lot and the commencement time and period of the new order.

9.3. The Company is entitled to cancel the parking place and notify the Customer via e-mail, no sooner than 5 days prior to the Commencement of the parking period. In such a case, the Company is obliged to return the paid Price to the Customer within 3 days from the delivery of the cancellation notification.

9.4. These General Commercial Terms and Conditions in full wording are published on the Company’s website, www.parkoviste.cz.