Terms and conditions
Version 2 Date 21 May 2018
These general conditions regulate the contract established between ElParking Internet, Inc, platform for the management and payment of mobility services and subsidiary company of Estacionamientos y Servicios S.A., registered at C/ Albacete, 3 1ª planta, Edif. Mizar 28027 Madrid, Spain, with VAT Number (CIF) B37546538 and registered in the Mercantile Register of Salamanca, volume 461, book 0, folio 207 sheet S.A.-15969, 1st entry, with the email address email@example.com hereinafter “ELPARKING”, and the contract holder regarding the provision of the mobility services, hereinafter CLIENT.
1. PRELIMINARY INFORMATION.
The relationship between the CLIENT and ELPARKING will be governed by these General Terms and Conditions and, where applicable, to the specific terms and conditions to the different Services of ELPARKING, such as those defined further on, or from those, that are established on the ELPARKING website www.elparking.com and/or Applications. The terms in the General Terms and Conditions fully apply to the Services that are regulated in this document.
The services are provided to the CLIENT as a final CLIENT, for its exclusive use being its username and personal and non-transferable password.
- Location of services: The area and list of service locations for each city where the ELPARKING service operates can be found updated on the website www.elparking.com.
- "Client”, “user” or "registered user" will be understood as the natural person, and in relation to the “company account” Service as the natural or legal person, that previously accepting these Terms and Conditions adheres to the ELPARKING service and, where applicable, makes use on one or more occasions of the mobility services offered by ELPARKING
- ELPARKING Service or Service: Service provided by ELPARKING that allows users with smartphones or personal computers to use and pay for the mobility services provided via native applications of each platform or via the website, hereinafter SERVICE.
- Uses of the ELPARKING Application: Software implemented by ELPARKING that helps to manage the mobility services provided via ELPARKING via native applications on iOS and Android mobile phones and via the website on any device with a web browser. Some services are also available via smartwatches from certain manufacturers.
- ELPARKING Customer Service Centre (CSC): Telephone support service and/or via electronic means for the CLIENT of ELPARKING mobility services.
2. ELPARKING MOBILITY SERVICES
The services offered by ELPARKING enable the use and payment of different mobility services through a smartphone or computer owned by the client, and enjoying various access capacities depending on the services that the CLIENT selects among those offered at all times and location, hereinafter called ELPARKING Service.
The use of the ELPARKING mobility services are governed by these General Terms and Conditions, that primarily regulate and among others aspects:
- The registration or adherence to the ELPARKING service, including prior validations that are required at all times (means of payment, vehicle registration, fiscal data, etc.).
- The rates and prices set out by ELPARKING to use the aforementioned services, as well as where applicable the specific terms and conditions, that can be found for each service on the website www.elparking.com
- The responsibilities of the Parties and, where applicable, the applicable insurance related to these responsibilities.
The acceptance of the Terms and Conditions is compulsory and essential for registering for the ELPARKING service and to use the mobility services that are provided through the ELPARKING applications. Therefore, this acceptance will have to be made when the user registers for the Service.
Registering for the SERVICE will not be completed until ELPARKING confirms the acceptance of this registration and/or completes the previous checks that are specified in these Terms and Conditions. ELPARKING will confirm by electronic means (email and/or SMS) that the registration has been accepted and that therefore the user's adherence to the Service is accepted. In any case, ELPARKING will only accept the registration of applicants that comply with the conditions previously established.
Among the services available in the different locations, that may be expanded in the future, the CLIENT will be able to, via the APPLICATIONS, (i) pay the fee for regulated parking; access the report notification services, cancellation of them and/or, pull out, in the cities where the applicable municipal ordinance allows it; (ii) contract and book products or stays (vouchers, passes and rotation) in public car parks (also called car parks in these terms and conditions) or owned by third-party users; (iii) pay access and transits on motorways and car parks associated to the ViaT service; (iv) pay for refuelling on the network of associated petrol stations; (v) control the access to car parks via Parkingdoor, (vi) register a “company account", linked to a natural or legal person, and to which this, as users-administrator will be able to adhere to certain users, in such a way that these can be recipients of the ELPARKING services charged to the company account under certain circumstances and (vii) the rest that at all times ELPARKING offers to its users.
ELPARKING is responsible for collecting municipal taxes in the name of City and Town Councils or of the concessionary companies, as well as billing the managers/operators of public car parks for the services contracted by the CLIENT.
For more details on the services that ELPARKING offers at all times and in each location please consult the website www.elparking.com, where there is an updated list on all the services provided in each location and that are available on the Applications.
These Terms and Conditions, as well as the specific terms that may affect the different Services, will govern the relationship between the Parties (ELPARKING and the user or company) until the user or company is not separate to the SERVICE voluntarily or by the decision of ELPARKING, on the basis of its capacity to revoke the user's condition to any holder of it and to resolve the relationship between the Parties for contravention of these Terms and Conditions. In any case, ELPARKING will be able to review and modify these Terms and Conditions, under its material and temporary criterion. In this case, the existence of changes or modifications related to the user will be communicated through the usual channels or electronic means (email, SMS, social networks etc.), stating the specific date from which the new version of the Terms and Conditions will come into force. The use of the SERVICE from this date onwards will mean the whole and unreserved acceptance of the new Terms and Conditions, without prejudice to condition 10, related to the protection of personal data and the processing options based on the user's specific consent. According to this condition, in any way, the applicable Terms and Conditions to each registration for the mobility Services, will be those that are valid at the time of this registration or use.
To contract the SERVICES offered and, where applicable, to start to use the contracted mobility service, the user (prior to acquiring such condition if the opportune requirements are met and the required documentation is provided), shall:
2.1 In the case of users, that are registered on the service via the website www.elparking.com or, when allowed, via the Application or app linked to the SERVICE.
- Personal data. Only persons over the age of 18 will be able to register and to make use of the Service. When registering, personal data will be requested which will have to be provided on a mandatory basis (other data may be requested to be provided voluntarily). The user will respond at all times with true and updated data, personal or any type, that it provides to register for the Service or in order to use it. The mere suspicion on the lack of truthfulness or actuality of this data will authorise ELPARKING to block the user and, if so decided under its own criteria, to terminate the relationship between the Parties, without right to any compensation to the user.
- Means of payment and charge authorisation. In order to be able to use of the SERVICE offered by ELPARKING, the user must have chosen a means of payment (for example, debit/credit card) associated with its user, in the registration process, and have entered the corresponding details, in order to charge the deposit or virtual account that the user maintains with ELPARKING, for the amount that this decides at all times, except when it is applicable to the Via-T Service. The owner or at least a co-owner of the means of payment must coincide with the user. The user authorises ELPARKING to charge by the selected means of payment the amounts derived from the use of the Service and overall the application of these Terms and Conditions (taxes, rates, prices, damages, handling fees, etc.). Once the debit/credit card is established as a means of payment this can be modified for another with the same previous requirements, but not deleted, as it is a means of guaranteed payment against payments of services that may be deferred. If the user establishes it in the settings options, and, in any case, when the Via-T Service has been contracted, they will be able to make automatic charges for the amounts set by the user or specified in the specific conditions of the Via-T Service.
- Pay the specified registration fee in the Pricing Policy, if applicable. This fee may be subject to promotions that reduces its amount. Promotions will have a certain duration that will be communicated together with the promotion and may be aimed at different user profiles and not reach all of them. In order to benefit from the promotions the user must enter the promotional code during the registration process and obtain the confirmation message of its application in this process. Otherwise, the promotion will be applied at the discretion of ELPARKING.
2.2 In the case of users that download and install the Application or ELPARKING app onto their mobile phone or Smartphone.
- The means to access Services is the ELPARKING Application. In order to use the Application as an access tool, the user should have a compatible mobile phone with the technical requirements for the ELPARKING Application. In no case will ELPARKING be responsible, in any measure, for the damages or poor functioning caused by the download, installation or use of the Application or app and/or lack of update of it by the client.
- The user shall personally provide the possibility to communicate by mobile data and to cover the costs of data transmission that where applicable corresponds to paying the user's supplier of mobile services. The user must guarantee the possibility of using the application during the whole Service, from booking a service to its completion.
- During the registration procedure the user will create a password to access the confidential information and features of the web portal located at www.elparking.com (access to their consumption and movements, access and modification of their personal data, etc.) and also accessible via the Application. The user is obliged to maintain their password in strict confidentiality and to protect the information from any access by third parties. The user will respond to damages that may cause the loss of the access tools.
- Taking into account the state of the technical tools, the provision of the Service may be subject to restrictions or inaccuracies that are beyond the control of ELPARKING. This specifically applies to the availability of mobile data services that enable the mobile network operators provide, the mobile network, the positioning services via the global navigation satellite system and the access to the internet, all of which depend on the capacities and characteristics of the user's mobile phone or smartphone and/or of the internet service providers contracted by the user. The lack of availability of the mobile network can, in particular cases, cause certain services to not be available due to the necessary data transmission not working. Similarly, these services may be affected by atmospheric interferences, by topographic conditions or obstacles (such as, for example, bridges, tunnels, buildings). The same applies to positioning services based on the global navigation satellite system. Also, internet usage may be subject to additional restrictions (such as, for example, network overload). On the other hand, there may be temporary capacity shortages as a result of peak loads in the services, mobile networks or landlines or on the internet.
2.3 In the case of “company accounts”, an authorised person must request to create the account and provide the documentation required by ELPARKING, as well as information on the Company, natural or legal person of the "company account". Once the documentation and all its data is available, the account will then be created.
- The authorised person will also be user of ELPARKING and the administrator of the company account, user-administrator. This person will have full capacity within the company account and may access the data of all the users associated to this account: movements, use, costs, etc. Similarly, they will have the authority to include new beneficiaries associated to the company account and to manage their access to it.
- In any case, each of the users associated to the account should accept the General Terms and Conditions prior to its use.
- Means of payment and charge authorisation. The company must provide a means of payment (credit/debit card or similar) once the account has been created as a step before its validation.
- The user-administrator authorises ELPARKING to charge by the selected means of payment the amounts arising from the use of the Service by the users as determined by ElParking and in general the application of these Terms and Conditions (rates, prices, damages, handling fees, etc.) of each and every user linked to the company account.
- Pay the registration fee specified in the Pricing Policy. This fee may be subject to promotions that reduces its amount. The promotions will have a limited duration that will be communicated together with the promotion.
- Withdrawal of registration. The user will have the right to withdraw from the contract during a period of 14 calendar days starting from its conclusion, without indicating the reason and without incurring any cost, except if the services had been initiated by the will of the user, in accordance with current regulations in terms of consumers and users. For this purpose, the user may communicate its decision to ELPARKING to the following email address, firstname.lastname@example.org
2.4 In the case of a physical device being included as part of the service (Vía-T Device, Parkingdoor opening device, etc.) the conditions associated with each one are:
- Vía-T Device:
- ELPARKING gives the device to the CLIENT for the duration of the contract.
- The CLIENT is obliged to enter their credit/debit card details before the provision of the service begins.
- In the event of theft of the Vía-T device, ELPARKING will proceed to replace it at no cost to the CLIENT, prior presentation of the corresponding duly completed report. In the event of notifying the loss or theft of an ELPARKING device, proceed as follows:
- Immediately block the device. You should take into account that motorways cannot block and unblock real-time devices, this time frame depends on the operating protocols for each motorway, but varies between 48/72 hours (working days).
- Ask the CLIENT for the report outlining the theft of the device, if possible including the number of the ViaT Device (30864803******).
- Send a replacement device to the CLIENT after they request it. The order amount will be refunded to the CLIENT as a balance in the wallet.
- In the event of loss of the Vía-T device by the CLIENT, ELPARKING will proceed as follows:
- Immediately block the device.
- Offer a period of seven days for the CLIENT to recover the device:
- If the CLIENT finds it: ELPARKING will proceed to unblock it and inform the estimated period to use it again on the motorways (48/72 hours working days).
- If the CLIENT does not find it: the device will remain blocked.
- The CLIENT is responsible for the maintenance and good condition, functioning and use of Vía-T devices given, the CLIENT is expressly forbidden to completely or partially copy the information contained in them, as well as to open or manipulate them, not even to replace the battery inside. The non-compliance of these bans will be the direct responsibility of the CLIENT, for them and the authorised user(s) of it. In the event of malfunctioning, the CLIENT must send the Vía-T device to replace it with a new unit, leaving the malfunctioning unit to ELPARKING.
- ELPARKING will be able to block the use of the Vía-T device if the CLIENT does not offer enough payment guarantees.
- ELPARKING will be able to apply discounts that the car parks or motorways themselves offer:
- Automatic Discounts: The Concessionary Company computes and applies discounts automatically on transits, crediting them to the charges that the Vía-T electronic toll holders make.
- Discounts that require registration: The CLIENT must formalise its membership application for the discounts programme. The Vía-T holder has to register by contacting the motorway. This should be done individually to each of the motorways that interest them, and in some cases must meet a series of requirements.
- Discounts that require registration prior to the date of these terms and conditions and without prejudice to the creation of new discounts or changes that may be introduced by the motorways:
NAME OF THE DISCOUNT
AP-6: Villalba - Adanero
C-32: Montgat – Blanes
C-32: Castelldefels – Sitges - El Vendrell
C-33: Barcelona – Montmeló
AP-7: La Jonquera – Salou
AP-2: Zaragoza – Mediterranean
MOLINS OF REI-GELIDA-MARTORELL
BONO TREINTA Y MUEVE
In any case, via the following link the CLIENT will be able to learn more about all the discounts that the motorways offer with the Vía-T at http://www.pagatelia.com/descuentos-via-t.
- Types of passes that the CLIENT can receive, according to the motorway:
- Monthly passes: These passes will be applied at the end of each month, as the motorway must carry out the calculation according to the number of trips carried out during the period. The CLIENT will see it reflected in their account as an increase in the balance (For example, AUDENASA/AP15).
- Rate reduction: These payments will be applied at the same time as the toll charge. The CLIENT will see their rate reduced according to the percentage applied by the motorway (For example, MADRID/R3yR5 ACCESSES).
- Free return: Some motorways offer free returns, provided that the return trip is made in less than 24 hours, by the same route and using a light vehicle. In this case the CLIENT will be able to see the payment reflected in two ways:
- With a note on the account: “Free return - amount €0". (For example: AUDENASA/AP15).
- Without a note on the account: The motorway does not send the return transit directly and so the CLIENT will just see the single trip reflected, but not the return. (For example: AUDASA/AP9).
- Total discount: Some motorways offer the return journey totally free, provided that the return is done in less than 24 hours, by the same route and using a light vehicle. In this case the CLIENT will first see the charge reflected and then the payment for the same amount. (For example: AVASA/AP68).
- Cancellation of the service.
- To proceed with the cancellation of the device or devices the CLIENT must return it in good condition, without any signs of manipulation or damage due to misusing it. Upon receiving this, ELPARKING will proceed to the disassociation. If the device is not received within 10 days, ELPARKING will proceed to take the legal actions that it considers in order to recover the device. The termination of the contract will not exonerate the CLIENT from paying the invoicing, fees and commissions that on the effective date of the contract termination are accrued and pending payment.
- In accordance with Article 71 of Law 3/2014, of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of November 16, the client has the right to withdraw from the contract within 14 calendar days from when the service has been contracted.
- To exercise the right to withdrawal, the client must request it in writing to the following email address: email@example.com expressly stating their request to exercise the right of withdrawal. In any case, it corresponds to the consumer and user to prove that they have exercised their right of withdrawal.
- After exercising the right of withdrawal, ELPARKING is obliged to return the amounts paid by THE CLIENT, free of charge. The refund of these amounts should be made without undue delay and, in any case, before 14 calendar days have passed from the date on which the CLIENT'S decision to withdraw from the contract has been informed.
- Parkingdoor Device:
- The CLIENT acquires ownership of the device. For this, it will be able to acquire the device via the website www.parkingdoor.com by paying via credit or debit card or the ELPARKING network of distributors.
- The CLIENT must register as a user of ELPARKING in order to use the associated services. By purchasing the device the CLIENT will be able to register up to 10 users/guests simultaneously.
- There is the option to contract more users via the service for Communities or Buildings. For more information on rates and services please contact firstname.lastname@example.org
- ELPARKING is obliged to deliver products to the CLIENT that are consistent with the contract, responding to it about any lack of compliance there may be when delivering the product.
- The CLIENT will have the right to have the product repaired, to its replacement, to the reduction in price or to the termination of the contract, in accordance with Article 118 et. seq. of the Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.
- ELPARKING, in accordance with current Spanish legislation on the sale of consumer goods, will provide a 2-year guarantee against manufacturing defects, providing the repair or replacement of the CLIENT'S device, as long as the device is acquired via the website www.parkingdoor.com by paying with credit or debit card or via the network of distributors of ELPARKING
3. INVOICING AND PAYMENT METHOD.
The invoices submitted to the CLIENT will contain duly differentiated the concepts of prices that are charged by the Services presented, differentiating where applicable the amounts collected in the name of third parties. The CLIENT will pay the amounts accrued by the provision of the requested Services, through direct debit, credit card or bank transfer (depending on the selected type out of those offered at all times) of the invoices in the current account that the CLIENT has allocated and in which the CLIENT promises to have enough balance to pay the amount owed to ELPARKING. The date in which the payment must be made will be that in which the credit institution which the account is billed to will receive a notification from ELPARKING, with the amount to be paid by the CLIENT taking into account that the wireless internet connection service of the current month will have to be paid at the beginning of the month in which the service wants be enjoyed.
Invoices that are not paid by the expected dates, due to causes not attributable to the credit institution, will accrue a late payment interest equal to the legal interest plus two percentage points, without prejudice to the consequences that may derive from its non-compliance, and that may mean, even, the suspension or cancellation of the Service, EL PARKING previously communicating this circumstance to the CLIENT in a period no less than 7 calendar days.
4. MODIFICATIONS AND CANCELLATION OF SERVICES.
The characteristics of the Services may be modified by ELPARKING in order to adapt them to the technical evolution, as well as any technical improvement or not, that at the discretion of ELPARKING allows to add more provisions to the Services.
Similarly, the CLIENT will be able to modify the conditions of the Service contracted at any time in terms of changes of fees or cancellation of the service, and with the limitations established in these terms and conditions or those specifically applicable to the different Services, via the user panel of the CLIENT, as the service does not involve any permanence nor minimum contract term, taking into account provided that an invoiced and paid period will not be paid unless the cancellation is caused by technical problems which ELPARKING is responsible for.
For the case of booking cancellations, the cancellation and reimbursement of the purchase are associated to each car park and booked product, as the user is informed in the terms and conditions associated with the car park and product when booking the space.
The applicable cancellation or modification policy to each booked product is specified in the legal terms and conditions, in the confirmation email that the user has indicated in the purchase process and in the booking receipt that the user must validate upon arriving to the car park.
- Products with cancellation and modification policy flexible until 24 hours before the confirmed arrival time on the booking or receipt:
- Users may cancel or modify their booking until 24 hours before the confirmed time on the product purchase and indicated on the booking receipt. If the user or beneficiary of the booking is not present at the car park, wishes to cancel or to modify the booking past the allowed period according to the applicable flexible cancellation policy according to the product booked, or past the confirmed arrival time on the receipt, in no case can the complete or partial reimbursement of the purchase made be modified, cancelled or claimed.
Whatever modifications to the services will be communicated by ELPARKING to the CLIENT with a minimum advance notice of 7 calendar days to the date in which they had to enter into force, deemed accepted by the CLIENT if it does not declare otherwise within this period. If the CLIENT declares its disagreement to the modifications, ELPARKING is authorised to unilaterally end the relationship of provision of the Services regulated in these Terms and Conditions, without giving the CLIENT any penalty or extra cost.
5. CUSTOMER SERVICE AND RESOLVING INCIDENCES AND COMPLAINTS.
The Customer Service Centre, hereinafter CSC, of ELPARKING provides a technical phone support service to the CLIENT and/or via electronic means such as email or the support forum, (without prejudice to the cost of the phone call or data transmission that, where applicable, the CLIENT may have to bear).
The address that the CLIENT may contact for the provision of this service is email@example.com. Except in cases of force majeure, the CSC will collect any incidence that affects the operation of the mobility services during working days from 9am to 9pm and from 9pm to 3pm on Saturdays, and will reasonably secure the resolution of enquiries or incidences raised.
In the case of complaint the CLIENT can also request a complaints form in the informed email.
In case the diagnosed incidence is due to flaws or defects from the Equipment and/or from the installation services provided by ELPARKING, this will be responsible for repairing the equipment in a maximum period of 72 working hours.
6. SECURITY WHEN USING THE SERVICES.
ELPARKING puts all the technical and human means at your disposal, but due to the shared nature of wireless connections, it cannot guarantee the privacy and security when using the Services by the CLIENT and, in particular, it does not guarantee that unauthorised third parties may not have knowledge of the class, conditions, characteristics and circumstances of the Internet usage that the CLIENT makes or that it cannot access and, where applicable, intercept, delete, alter, modify or manipulate in any way the content and all kinds of communications that the CLIENT transmits, shares, stores, makes available, receives, obtains or accesses via the Services.
ELPARKING excludes, to the extent permitted by law, any responsibility for the damages of any nature that may be due to the knowledge that third parties may have of the class, conditions, characteristics and circumstances of the internet usage that the users may make or that may be due to the access and, where applicable, to the interception, elimination, alteration, modification or manipulation in any way of the content and all kinds of communications that users transmit, share, store, make available, receive, obtain or access via the services.
7. GUARANTEE OF AVAILABILITY OF SERVICES
The different mobility Services are not a guaranteed service, which is why ELPARKING will not respond to the lack of availability of it, regardless of who is attributable to the cause of the unavailability.
Lack of availability will not constitute (a) the interruption of any of the mobility Services as a result of the network's maintenance operations; (b) the discontinuity or interruption of the mobility Services due to elements or activities related to the hardware or software executed by the CLIENT, or third parties external to ELPARKING, that impede the proper execution or provision of the contracted Service; (c) the discontinuity or interruption of the mobility Services due to adverse weather conditions, growth of surrounding vegetation, interferences due to other sources of wireless signals and in particular to the use of inhibitors by national law enforcement; (d) the discontinuity or interruption of the mobility Services due to the installation of advertising supports or other elements by third parties, that may act as a screen impeding or limiting the transmission of wireless signals.
8.- EXCLUSION OF GUARANTEES AND RESPONSIBILITY
ELPARKING does not assume any responsibility for the content, functionality, usefulness, reliability or accuracy of the webpages that the CLIENT may connect to via the files available on the application, which are websites belonging to independent companies with no association or relationship to ELPARKING.
ELPARKING cannot previously visualise any content including on any webpage, neither can it edit, delete, modify, control, review or restrict access to any content including on any webpage before its transmission to the CLIENT, therefore ELPARKING does not guarantee that the content of the webpages that are accessed via the Services provided by ELPARKING will be constantly updated, that they will comply with the law, morals, good faith and/or good customs, its accuracy, legality, veracity and/or exhaustivity, or that they will be useful for the CLIENT or that they will contain any type of error, for which, ELPARKING is not responsible for any damage and/or lost profits to the CLIENT or any other third party that is not solely and exclusively attributable to ELPARKING, nor when the CLIENT or persons it responds to are to blame for such damages or when the CLIENT suffered disadvantages as a result of any content, information, opinion, statement and/or data to which the CLIENT or any other third party accesses or acquires through any webpage which has been accessed via the Services provided by ELPARKING.
Although all the necessary technical and organisational efforts will be made, ELPARKING does not guarantee that the Services provided are going to work with absolute, constant, reliable security and permanently, without delays or interruptions, therefore, ELPARKING does not take responsibility for any damage and/or lost profits to the CLIENT or any other third party that suffers disadvantages as a result of this nor for any case of force majeure, unforeseeable circumstance, fault or error in lines of communication, or in the defective performance or fault in the internet access network, as long as these faults are not attributed to ELPARKING.
ELPARKING will not be responsible for any damage caused to any CLIENT or third party, nor for lost profits for any CLIENT and/or third party, directly or indirectly caused from the use and/or access and/or connection to the Services provided by ELPARKING and/or the webpages linked to it, not being responsible for any damage caused to any CLIENT and/or third parties, nor lost profits to any CLIENT and/or third parties as a result of the incorrect operation, defects, faults and/or damages caused, total and/or partial, to all hardware, software and/or computer programmes belonging to the CLIENT and/or third parties, as well as the loss, alteration and/or damages, total and/or partial, of information contained in magnetic media, discs, tapes, floppy discs and others belonging to the CLIENT and/or third parties, as well as the introduction of computer viruses or of unwanted variations or alterations to all information, documents, files, databases, hardware and/or software belonging to the CLIENT and/or third parties, provided that these damages were not attributable to ELPARKING.
ELPARKING will be responsible for all damages that both due to intent or negligence from ELPARKING and in compliance with this contract, specifically, when contracting the services of ELPARKING the user expressly accepts the current access and use terms and conditions in the car parks or other mobility services that it is going to use and understands that these regulations are exclusively established by the car parks. In no case, including without limitation the negligence, ELPARKING will be responsible for any kind of damage to vehicles, persons or properties, including without limitation any direct, indirect or expressly warned damage, that arises from, or in relation to, the access, or use of the car park or car parks, that in such case the user should directly contact the owners of the public car parks or third party owners of the parking space.
9. PAYMENT POLICY DUE TO SERVICE FAULT
ELPARKING, promises to apply a payment policy to CLIENTS of the SERVICE that are affected due to a fault (understanding "service fault" as a full interruption to the service), as long as this fault is not caused by the following:
- Network maintenance operations.
- Installation of hardware or software elements by the CLIENT on their computer equipment that prevent the operation of the SERVICE.
- Adverse weather conditions.
- Fault in the provision of the line of communication by an external provider to ELPARKING.
- Fault in the power supply or manipulation of the hardware equipment by unauthorised personnel.
- Serious events of force majeure, both natural (earthquakes, floods, etc.), and artificial (provoked or accidental fire, sabotages, attacks, etc.).
- Manipulation, damage or theft by third parties external to ELPARKING of the electronic equipment installed in the car park, needed to send the opening signal.
- Installation of hardware or software elements on the electronic equipment installed at the car park by third parties external to ELPARKING.
- Distance of the CLIENT's position to the Parkingdoor hardware understanding that the acceptable parameters for a good Bluetooth connection is a maximum radius of 10m horizontal around the point of entry.
- Growth of vegetation or installation by third parties external to ELPARKING of advertising elements or of another kind that block, limit or impede the suitable transmission of the wireless signs.
- Use of frequency inhibitors by law enforcement.
- Saturation of the wireless spectrum due to the mass use of Bluetooth points that block, impede or limit the reach of the ELPARKING Parkingdoor signal.
Except for in these exceptions, ELPARKING will apply a cost to the affected CLIENT's invoice for the total interruption of the service and will be done in accordance to the following:
A reimbursement of the amounts associated to the contracted service will be made.
In the event of the faulty Parkingdoor device, ELPARKING will replace it during the first two years from the date of initial purchase of the device free of charge.
The days without SERVICE will always be counted from the date when the incident is registered by ELPARKING CSC, taking into account that opening hours are from 9am to 9pm on working days and from 9am to 3pm on Saturdays.
10. PERSONAL DATA PROTECTION
10.1. ELPARKING Service: Use, Aim and applicable Legal System
The provision of the Service previously described and required by the user, is governed by these general terms and conditions signed by the user of the Service and, in everything not covered by them, by the Spanish legislation that applies, in particular, the Spanish Civil Code and the Legislative Royal Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (TRLCU). In terms of the processing of personal data, this will conform to Spanish and European legislation on protection of personal data, with special attention to the GDPR.
10.2. Conditions for Access and Use
The user promises to appropriately and lawfully use the Service in accordance with the applicable legislation at all times and these General Terms and Conditions (GTC) signed by the user and ELPARKING.
The user is similarly obliged to adopt the necessary security measures to maintain the confidentiality of the access and verification systems established in relation to the Platform, therefore, ElParking will be released from any liability for negligence, carelessness or improper use by the user or any third party in this area.
Similarly, the user of the Platform specifically agrees to the following:
- Guarantee the authenticity, accuracy, actuality and precision of all the data that is communicated to ElParking, making the user the sole person responsible in the contrary.
- Use the data exclusively for the purposes and functionalities available for this purpose by ElParking, presenting such features as they are by ElParking, being forbidden for the user to use the Service or means available on it by ELPARKING for any other purpose not authorised by this company.
- Use the Platform legally and legitimately, avoiding an unauthorised, fraudulent, illegal or illegitimate use of it and/or of the content and information available through it, avoiding infringing this policy and the applicable regulations, and to damage the legitimate rights and interests of ElParking, or of any other third party that may be affected as a result of such activity.
- Do not damage the systems or elements associated to the Platform, its suppliers or third parties, or attempt to breach the security measures or authentication of them, carry out an action that may cause a disproportionate or unnecessary saturation in the infrastructure or the environment of communications related to the Service, the App and other platforms that may be associated to it, attacking it in any way. ElParking will be able to adopt as many preventive or corrective measures necessary to protect its interests in order for the Service, App and other platforms associated to it to operate properly.
- Not introduce or spread computer viruses or malware that are susceptible to causing damage.
- Do not attempt to access, use and/or manipulate the data of ElParking, or the data under its responsibility, or that of third-party suppliers and of other users.
- In particular, and intended to be indicative rather than exhaustive, the user agrees to not transfer, disseminate or offer third parties information, data, content, messages, that may constitute as a violation of the rights of ELPARKING or of third parties.
- Access without authorisation or interact with a false identity, supplanting or not the identity of third parties or using a profile or carrying out any other action that may create confusion or mislead about the correct identification of the user in question.
The Service is aimed at users over 18 years of age, its use being forbidden to minors.
In any case, the personal information that users provide within the framework of the Service will be:
- Sufficient, although adjusted, limited and provided for legitimate processing purposes informed by ElParking, with maximum respect to the principles of purpose limitation and personal data minimisation (Articles 5.1 Sections b) and c) of the GDPR).
- Exact, updated and accurate, in order to be able to properly verify the identity, capacity and, where applicable, representation of the user concerned, as well as be able to adjust, in each case, the processing of data that is done to the specific needs and the real situation of users. All of this in view of the principle of quality of the data and of the accuracy of personal data (Article 5.1 Section d) of the GDPR).
The personal character of the services is informed, so only registered users authorised in this regard will be able to make use of the services and of the features contracted, being fully responsible for the proper use of their user accounts and passwords associated with these. If the registered user believes that the security of their account and associated passwords may have been compromised they should immediately contact ELPARKING via the email address firstname.lastname@example.org report the corresponding situation or incident so that the company can adopt the corresponding appropriate measures from the moment that the user communicates it. All responsibility for the damages associated with an improper use and personal management of accounts and associated passwords will fall on the owners of these accounts, absolutely exempting ELPARKING as a result.
10.4. Right to Information
In compliance with the current regulation protecting personal data, and taking particular account of Articles 12 to 14 of the GDPR, you are informed of the following:
- That the person responsible for processing is ElParking Internet, Inc https://elparking.com/with VAT Number (CIF) B37546538, with postal address C/ Albacete, nº. 3, Edif. Mizar, 1ª planta, 28027 - Madrid, Spain, and contact email address for the purposes of this policy: email@example.com
- That the personal data that users contribute within the framework of the Service will be processed in accordance with the following processing purposes:
- Enable users the correct use of the services contracted by them and with it the correct execution of the contract between them and ELPARKING, which, among others purposes, may entail the use of geographical location or geolocation data. The processing of this personal data by ELPARKING will be fully coherent with the applicable regulations.
- Address specific requests that users or clients may make in relation to the Service.
- Send invitations to participate in satisfaction and improvement polls and surveys on the quality of the services from the website https://elparking.com/ that the user will be able to freely accept, complete, omit or reject when it receives them.
- To develop statistical processing, or to produce market research studies by ElParking in order to improve knowledge, including, through anonymisation or pseudonomisation, around the consumer habits and profiles of the users that use the Service, including, the data associated to their possible browsing on the platform associated to https://elparking.com/. In the event of proposing Big Data projects in this area, ElParking will adopt as many pre- and post-protective measures that are applicable in accordance with current regulations, including, the possible anonymisation of its personal data applying, for this, suitable available technologies at its disposal. Therefore, in this area, anonymizing and pseudonomizing processes will also be carried out for the best protection of your personal data.
- To apply relevant security, technical and/or organisational measures for the personal data of users as appropriate in view of risks detected regarding their rights at all times by ElParking, including, personal data encryption and other measures that may involve certain processing of the data of the Service's users.
- Produce user/consumption profiles associated with the information derived from the effective provision of the Service or browsing via the Platform associated to https://elparking.com/ in order to offer users and/or clients more appropriate, customised and suitable information, promotions or advertising to their specific preferences or interests whether from ELPARKING or from ELPARKING partners (optimisation of the contracted services, creation of consumption profiles for advertising purposes).
- Send users information on promotional or advertising campaigns aimed at contracting products and services, of ELPARKING, or of third companies that ELPARKING is related to or collaborates with and that may be of interest to the user (advertising purposes).
Regarding the processing purposes indicated that do not have a direct relationship with the service and its correct development or execution, including its analysis, control and improvement, this is, the possible, purposes for advertising, marketing and profiling associated with these, the user will have the possibility of selecting, if they so wish, to not be subject to them via the privacy settings panel during the account registration, activation or validation process, being able to select the options that best suit their needs and interests.
Without prejudice to the above, and in case you do not agree with these processing purposes, we urge you not to register, nor to use our Service. Similarly, in accordance with applicable regulations, as has already been explained, ELPARKING enables the user acceptance systems differentiated, free and voluntary of the processing related to issues far from the purposes specific to the services provision contract between them and ElParking in view of the General Terms and Conditions (GTC) agreed between them.
- That the legitimate basis of processing is, primarily, the necessary application of pre-contractual measures at the request of the interested party, when this arises, or that regarding the execution of a contract in case the user finally subscribes to these general terms and conditions. That, without prejudice to the above, it is also applicable as a basis of processing regarding certain data processing the consent of the user, in particular, in regard to processing for direct advertising and marketing purposes or producing user/consumption profiles for these purposes (without prejudice to the possible concurrence of a possible legitimate interest of ELPARKING, according to the type of processing that it is, and of the measures adopted by ELPARKING in this area).
- That, in general, the personal data of users collected through the Platform will not be disclosed to third parties without first informing the users about which specific data will be disclosed, the identity or the type of recipients of its data, of its activity and of the specific processing purposes to those which these recipients will be able to allocate its data. For this reason, we inform you that your personal data may be disclosed to third parties in the following cases and circumstances:
- Personal data associated with specific requests from the users for further information and/or regarding the adoption of possible pre-contractual measures by third parties related to or that collaborate with ElParking, or that may be strictly necessary for the proper contracting by the users of the content, products or services offered by such third parties.
- Personal data associated to ELPARKING clients related to the products and services contracted by them, if they authorise these specifically (see privacy options in settings sections) to third parties that are related or collaborate with ELPARKING, so that the latter can create a consumption profile (profiling purposes) of their data in order to offer them information, advertising or promotions about other services and products that may also be of interest to them based on this data and profiles (advertising purposes). They will be able to oppose the processing of their data and to revoke the consent given in this area (cession of this data for marketing purposes by ELPARKING, as well as profiling and marketing/advertising purposes by such third parties) at any time if they so wish. The withdrawal of their consent in this area will in no way affect the correct provision of the services contracted by the user to ELPARKING, nor will this provision be subordinated to it, being able to use these, as well as the systems, platforms and app associated to them. Similarly, such processing will stop when the user cancels the Service, promising ELPARKING to communicate it reliably to such third parties for these purposes, provided that it is technically possible, who will also be responsible for stopping such processing.
- Localisation data of the users, if they specifically authorise it (see privacy options in the settings section) so that third parties that are related to ELPARKING (partners) can offer them information, advertising or promotions of their interest according to this data, all of this, for the purpose of optimising the service offered via the knowledge of the user's location (service optimisation and advertising purposes) and to create user profiles by location (profiling purposes). They will be able to oppose the processing of their data and to revoke the consent given in this area (cession of this data for marketing purposes by ELPARKING, as well as profiling and marketing/advertising purposes by such third parties) at any time if they so wish. The withdrawal of their consent in this area will in no way affect the correct provision of the services contracted by the user to ELPARKING, nor will this provision be subordinated to it, being able to use these, as well as the systems, platforms and app associated to them. Similarly, such processing will stop at the moment in which the user cancels the Service, promising ELPARKING, if it is technically possible, to communicate it reliably to these third parties for these purposes, these being responsible for stopping such processing.
- Data associated with the Advertising ID, this is, with the only identifier that their mobile terminal offers for advertising in apps when this would not have been blocked specifically by the user, in a way that ELPARKING would have legitimately accessed it. Such sharing would be produced, if the users specifically authorise it (see privacy options in settings section), so that third parties that are related or collaborate with ELPARKING can offer them information, advertising or promotions of their interest according to this data, related to the previous location data, all of this, for the purpose of optimising the service offered and to be able to carry out customised advertising in this area (service optimisation and advertising purposes). They will be able to oppose the processing of their data and to revoke given in this area (cession of this data for marketing purposes by ELPARKING, as well as profiling and marketing/advertising purposes by such third parties) at any time if they so wish. The withdrawal of their consent in this area will in no way affect the correct provision of the services contracted by the user to ELPARKING, nor will this provision be subordinated to it, being able to use these, as well as the systems, platforms and app associated to them. Similarly, such processing will stop at the moment in which the user cancels the Service, promising ELPARKING to communicate it reliably to such third parties for these purposes, provided that it is technically possible, these being responsible for stopping such processing.
- Personal data strictly needed for merely administrative and internal purposes to other companies that form part of the Group of companies that includes ElParking Internet, Inc (EYSA GROUP), in particular, Estacionamientos y Servicios, S.A.U., registered at la Calle Albacete, nº. 3, edif.: MIZAR, 1ª. Planta, 28027 Madrid and with VAT Number A-28385458, http://eysaservicios.com/, having a legitimate interest in transmitting this personal data for such purposes within the aforementioned business group.
Apart from such cases, the personal data of users will not be disclosed to any other third party, unless with the user's consent or, where applicable, any other basis for legitimacy for processing pursuant to Article 6 of the GDPR such as, for example, the compliance of a legal obligation (lawfulness of the processing).
Without prejudice to the above, in case you do not agree with such disclosures of personal data, we urge you to not contract the Service. Without prejudice to the above, in accordance with applicable regulations, ELPARKING enables the user acceptance systems that are differentiated, free and voluntary of this data processing, including possible cessions of it, regarding purposes outside of the services provision contract between the user and ELPARKING in view of these General Terms and Conditions, agreed between them (see privacy options in settings section). In particular, we remind you that you can configure your privacy and processing options to best suit your interests both when registering and contracting the service, and later on.
- That, overall, no international transfers of its personal data are intended, adopting the necessary measures in this
area. Notwithstanding the above, the possible transfer of its personal data is emphasised for the purpose of
enabling the online payment through the company Stripe Inc. that offers suitable guarantees when holding a valid
certificate in Privacy Shield, which can be checked via the following link:
In all cases, you will be at the provision of suitable guarantees which are referred to in Articles 44 et. seq. GDPR.
- That, by virtue of Article 30 of the Spanish Commercial Code, in the case of being a client of ELPARKING, after the relationship between the parties is completed, their personal data may be stored for a period of six years.
- That you may exercise your rights of access, rectification, suppression, limitation of the processing, portability of data and opposition, by writing to the email address firstname.lastname@example.org,with the Ref. “Exercise Rights” with a copy of your national ID card or equivalent identification document (passport, N.I.E, etc.). If they do not believe that their personal rights have been met, they may present a complaint to the relevant control authority, in this case, the Spanish Data Protection Agency, being recommendable that, previously, if deemed necessary, to contact for these purposes the Data Protection Officer (DPO) designated by the Group of Companies EYSA, which ElParking belongs to, and whose contact details are indicated in Section 10.9 of these terms and conditions.
10.5. Consent of the Interested Party
By accepting these terms and conditions, the user gives their unequivocal, free and informed consent for the processing of their personal data for the processing purposes in accordance with Condition 10.3 of these terms and conditions.
The user will have the capacity to choose the processing and destination of their data, according to their specific interests and needs in each case, in such a way that, when the processing is based on their consent, the user will have the right to withdraw it at any time, although this withdrawal will not affect in any way the lawfulness of the prior processing made by ELPARKING. Specifically, you may contact ELPARKING to withdraw at any time, if you so wish, your consent, in case it is involved, for the sharing of your personal data with third parties for profiling and marketing/advertising purposes. If you have any questions about this, we remind you that you may contact our Data Protection Officer via the following email address: email@example.com
Similarly, we remind you that when the processing of personal data is for direct advertising or marketing purposes, in addition to being able to configure your privacy preferences in this area, the user will have the right to oppose at all times to the processing of the personal data that concerns you, including profiling insofar as it is related to the aforementioned marketing. The user will be able to exercise the personal rights described in condition 10.3 as indicated in this condition. ELPARKING will be ensured of reminding and enabling users the correct exercise of their right to oppose in each commercial communication that may be sent to them in this area. Similarly, the user will be able to oppose the processing of their data for statistical purposes in the terms described in Section 21.6 of the GDPR.
In any case, and without prejudice to the above, ELPARKING will be able to impede the use of the ELPARKING Service and, in general, of the services, content and features associated to it in case the user does not accept this policy, or does not consent to the processing of its personal information in accordance with the provisions of this policy.
ELPARKING has adopted and applies security levels required by the applicable legislation regarding personal data under its responsibility, according to the corresponding risk approach carried out, and secures to install and/or to apply technical or organisational means and measures of additional protection to reinforce the general security of the processing with personal data, systems, communication environments and corporate organisation, as well as to guarantee the proper protection against unauthorised or illicit processing and against its loss, destruction or incidental damage (integrating principle and confidentiality). However, the user must be aware that the security measures online are not, in any way, impregnable and respond to the state of the technique at all times and to its cost of implementation.
For these purposes, the criteria of application and security measures, and other security obligations associated with the GDPR, will be especially considered, with special attention to Article 32 of the GDPR.
10.7. Duty of Secrecy and Confidentiality
ELPARKING agrees to comply with the duty of secrecy and confidentiality regarding the personal information and data provided by users, and that is under its control and responsibility, in accordance with the applicable legislation and the corresponding risk approach at all times.
10.8. Modification of the Conditions of Processing Personal Data
ELPARKING reserves the right to modify these conditions, to adapt them to future new applicable legislative, doctrinal or jurisprudential developments, or for technical, operational, commercial, corporate and business reasons, informing users prior and reasonably of the changes made whenever possible.
10.9. Data Protection Officer (DPO)
Our commitment to the protection of our users' personal data has led to the appointment of a Data Protection Officer (DPO) in the EYSA Group, which ELPARKING belongs to, which is, Ms. Mar Prieto González. If they wish, users may contact the DPO regarding all matters relating to the processing of their personal data according to the GDPR. You can contact with our DPO via the following contact details:
Postal address: Calle / Albacete, noº. 3, edif.: Mizar, 1ª. Planta, 28027- Madrid
Contact email: firstname.lastname@example.org
All the notices, notifications, modifications and communications from ELPARKING to the CLIENT will be considered efficient to all intents and purposes when they are made as follows:
- sent by postal mail to the address indicated by the CLIENT;
- sent by e-mail to the address provided by the CLIENT when they Register for the SERVICE;
- communication by a phone call to the phone number indicated by the CLIENT when they Register for the SERVICE;
- communication by the applications that allow the authentication for the use of the SERVICE and/or the User Area.
12. Validity of the Contract.
If for technological causes external to ELPARKING, the SERVICE to the CLIENT may not be provided in the terms negotiated before the beginning of the provision of the SERVICE or during its provision, ELPARKING promises to immediately communicate this circumstance to the CLIENT. The CLIENT then will be able to choose to cancel the SERVICE provided or to terminate the Contract without resulting in any penalty for the parties.
These causes may result in the disincorporation of a car park belonging to the project due to causes external to ELPARKING, in this case, ELPARKING will offer an economic compensation to the credited invoice and will communicate to the CLIENT the other car parks belonging to the project which the CLIENT will be able to use.
The execution of this Contract means the express and total acceptance of these General Terms and Conditions, as well as the submission of the interpretative decisions made by the provider of the SERVICE.
13. Intellectual Property
Brands, logos, images, videos, drawings, etc. That appear on the websites of ELPARKING and Parkingdoor services are the intellectual property of ELPARKING and cannot be reproduced, used or represented without the express and written authorisation of ELPARKING.
It is forbidden to modify, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way the services, web pages or the computer codes of the elements that make up the Services and websites of www.elparking.comand www.parkingdoor.com
14. Applicable Legislation and Competent Courts
This Terms and Conditions document and the relationships established between ElParking and the client, in particular the knowledge and resolution of any litigations, disagreements or differences that may arise, will be governed and solved in accordance with Spanish regulation regarding applicable legislation and competent jurisdiction.
However, for cases in which the regulation foresees the possibility of the parties submitting to a Court, ElParking and the Client, expressly waiving any other court that might correspond to them, will submit whatever controversies and/or litigations to the knowledge of the Courts and Tribunals of the city where the Company is registered indicated in these Terms and Conditions.
These Terms and Conditions are available in two versions, English and Spanish. If there are differences between the two versions, the Spanish version prevails.
ELPARKING INTERNET, Inc
C/ Albacete, 3 Edificio Mizar 1ª planta 28027 Madrid, Spain
VAT Number (CIF) B37546538
CSC e-mail: email@example.com