These Terms of Use stipulate general terms and conditions for the use of the car park and its services that could be accessed at the following website: www.europarkingbalice.pl
I.
The car park is under the management of Michał Odrzywołek whose business brand name is MICHAŁ ODRZYWOŁEK EURO Parking BALICE, and its Tax Id. No. (NIP) 6762038079, hereinafter referred to as the “Car Park Operator”.
The Car Park Operator allows the interested users to access the online car park booking service via the website www.europarkingbalice.pl.
The online car park booking service is offered free of charge. However, users need to pay for the car parking service on arrival to the car park.
By booking the car park service and/or purchasing the car park card the user agrees to receive emails and short text messages related to the use of the car park service.
The area of the car park is subject to the Traffic Code (published in the Journal of Laws, in 2005, No 108, item 908), and consequently, the maximum car speed in the area is 10 km/h. Users are requested to comply with all traffic signs in the car park and access roads.
The car park is open on 24/7 basis, throughout the year except for the maintenance breaks.
Parking charges are calculated on the basis of the price list available at the car park area or on the aforesaid website.
The subject of the service contract is the secured car park service which means that you could leave your vehicle with the total permissible weight up to 3.5t and any equipment provided by the manufacturer under custody. Other vehicles whose total permissible weight exceeds 3.5t and/or with any trailers, or any large vehicles are permitted to use the car park under prior authorisation from the Car Park Staff.
By entering the Car Park area and/or booking the car park service via online app accessed on the website www.europarkingbalice.pl users accept these terms and conditions (hereinafter referred to as The Terms of Use) and our privacy policy (GDPR - General Data Protection Regulation), and make commitments to strictly comply with it.
II.
Upon entering the car park area Users are requested to purchase a Parking Ticket (that means they need to pay for the car park service) which constitutes the basis for the monitoring service provided by the Car Park Operator.
On the day of purchase of the Car Park Ticket (that means making the payment for the car park service) the user may cancel their booking order, and therefore he/she is entitled to the reimbursement of the payment exceeding the gross amount of PLN 20.00. The refund shall be made in the same way as the payment.
The Car Park staff is not under any obligation to verify the technical state of the vehicle, its appearance, and/or other external gear. The user is requested to notify the Car Park staff about any exterior equipment, and specifically concerning vehicle hubcaps, aerials, fog lights and/or other protruding and decorative elements for tuning up, and/or accessories easy for dismantling, however, they need to consider if they could be kept inside the vehicle.
Prior to leaving the vehicle for custody in the car park the user is kindly requested to safeguard their vehicles against any unauthorised access, and for this purpose to apply car alarms. Specifically, the vehicle needs to have all its doors, windows and vehicle trunk shut and blocked, as well as the anti-theft car alarm systems should be on, if any, in order to prevent unauthorised entry or theft.
The user’s vehicle which has been left at the car park shall be effectively secured against any automatic movement (rolling down). The car park user is liable for any damage caused, also towards any third parties.
Users are kindly requested to inform the Car Park Staff about intended time to leave their vehicles for storage which shall be recorded on their Parking Ticket. In the case the declared time of requested service shown in the Car Park Ticket has been extended, then the car park payment shall be adjusted accordingly in line with the price list.
The user may reclaim their vehicle on presenting their specific Car Park Ticket, therefore, under no circumstances the Car Park Ticket could be left in the vehicle, or transferred to any third parties.
In the case of the loss of the Car Park Ticket, the car park user may reclaim their vehicle upon presenting the Car Park Staff with the vehicle registration certificate the ID card of the person authorised to reclaim the vehicle.
In the case the car park user denies to show the Car Park Ticket, the vehicle shall not be handed over and the Car Park staff shall immediately call the police.
If the vehicle has not been reclaimed within 7 days after declared time by the car park user, the Car Park Staff shall report this to the police in order to contact the vehicle owner. If they fail to contact the vehicle owner, the vehicle shall be removed from the car park at the expense of the vehicle owner.
In case of losing the keys or locking them inside the vehicle, any attempts to access the interior of the vehicle can be made by the Customer only after he/she presents the vehicle registration certificate and his/her ID card.
Any intoxicated persons or those who act as if they were under the influence of drugs may be denied to accept their vehicles for car park custody and/or to hand them over from the car park.
Any vehicles transporting flammable, caustic, explosive or other hazardous materials are prohibited from entering the car park, unless the hazardous materials are secured in accordance with the legally binding law.
The Car Park Operator shall not be liable for any damage caused by a force majeure and factors beyond his/her control, specifically: hailing, extreme temperatures which affect the vehicle naturally, and/or neglecting to observe the provisions specified herein by the car park user.
The vehicle user shall be liable for any damage performed to any third parties and/or to other vehicles within the car park.
All the valuable items, animals and hazardous materials must not be left in the vehicle.
The Car Park Operator shall not be liable for any damages caused by items/gear left inside the vehicle.
The Car Park Operator shall not be responsible for any damages occurring due to the vehicle internal defects.
Any commercial activities, vehicle repairs or washing, changing oil or any other refrigerating liquids or fuels, and contaminating the car park area are strictly prohibited.
Alcohol consumption and/or drug abuse are strictly prohibited on the premises of the car park.
Before leaving the car park the car park users need to check up the technical condition of their vehicles and report all instances of damage in writing on a relevant form (which constitutes Schedule No 1 to these Terms of Use) to the Car Park Staff. In case any damage has not been reported, it is deemed that the vehicle was collected in the state at least as good as at the time of leaving it in the car park for the purpose of its protection.
Any instances of damage to vehicles whilst performing parking manoeuvres should be immediately reported to the Car Park Staff.
The Car Park Operator assumes responsibility for any damage caused by failures or negligence of their obligations under these Terms of Use.
The Car Park Operator liability is exclusively limited to any damage caused to the vehicle, and he shall be indemnified for any losses of income.
In case the car park user is compensated for the damage by their Insurer, then The Car Park Operator shall be indemnified for covering the difference between the compensation received by the car park user from their Insurer. Such a difference is deemed a part of car park user’s responsibility for the damages.
The car park user hereby acknowledges that they have a valid third party liability insurance with coverage at least up to the day of collecting the vehicle.
III.
The Car Park Operator reserves the right to remove the vehicle from the car park area in the instances of imminent and reasonable security threat or emergencies, and the car park user agrees to this condition. The Car Park Operator is also entitled to remove the vehicle in the case of exceeding the collection date as shown in the Car Park Ticket, at the expense of the vehicle user.
The car park user (vehicle owner) hereby acknowledges that they have been familiarised with the rules set out herein and accepted The Terms of Use in their entirety and without any objections. They have acknowledged that they have accepted car park fees which are specified in the car park price list. Current operations with regard to monitoring vehicles are carried out by the Car Park Staff on behalf of The Car Park Operator which means that they are empowered to deal with the vehicles of the owners and collect and clear the car park fees for services provided.
By entering the car park the vehicle user agrees to adhere to The Terms of Use set out in this document and undertakes to strictly adhere to their provisions as well as agrees to uninterrupted CCTV recording of their vehicle while entering and exiting the car park. The car park area is under uninterrupted CCTV monitoring to ensure that car park users comply with these Terms of Use provisions, and specifically how they use the car park and pay for the services provided (using the vehicle plot). Thus, it is also possible to record registration numbers of all vehicles entering the car park area and leaving it. The CCTV recordings may be used as legal evidence to sue car park users who do not comply with these Terms of Use.
Terms and Conditions describing the responsibilities of The Car Park Operator and/or The Insurer have been set out in the insurance policy which can be easily accessed at the Car Park Reception desk.
Upon request The Car Park Operator may issue VAT invoices for the car park service within 7 days from the time the Contract of Car Park Services has been completed. The VAT invoice could be sent by post and/or emailed to a given address upon the written car park user’s demand and submission of the receipt.
Any complaints regarding the car park work should be reported to The Car Park Staff or emailed to the following address: bok@europarkingbalice.pl.
The car park user hereby agrees to have their personal data processed by The Car Park Operator and the Car Park Staff, specifically they may process the user’s first name and surname, email and/or telephone number pursuant to The European Parliament and Council (of EU) Regulation No 2016/679 as of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and of free movement of such data, and repealing Directive 95/46/CE (Official Journal of the EU L No 119 as of 04.05.2016), as well as pursuant to the Act on Personal Data Protection as of 10 May, 2018, in order to perform the Agrement of storing the vehicle and process any possible complaints. Sharing personal information is voluntary, however it is necessary for the proper execution of the provisions of the contract.
The Car Park Operator reserves the right to make amendments to these Terms of Use. Such change shall be effected by publishing the new terms on the service website and shall not affect the contracts for parking services concluded before this publication.
The current Terms of Car Park Use becomes effective as on 15. February 2019.
