Parking contract terms

1. An agreement is concluded between the limited liability company OÜ EUROPARK ESTONIA (hereinafter ‘EP’) and the user of the vehicle (hereinafter the ‘Vehicle User’) on the following terms and conditions (hereinafter the ‘Parking Agreement’). By providing the terms and conditions of the Parking Agreement, EP expresses its offer to conclude the Parking Agreement and the Parking Agreement is deemed to have been concluded by the User of the Vehicle by parking the Vehicle.

2. EP has a right to assume that the owner or responsible user of the vehicle is the Vehicle User and a party to the Parking Agreement.

3. For the entire parking session, the Vehicle User is obliged to pay EP a parking fee for the use of the parking space or to hold a parking permit granting the right to park in the given parking area regardless of the day and/or time of the week, unless there are different instructions for the parking area or, for example, if the beginning and end of the parking session are automatically fixed by the camera by identifying the registration plate of the vehicle. If the Vehicle User has paid the parking fee but de facto continues parking, EP is entitled to adjust the parking fee payable by the Vehicle User for any period of time between the beginning and the end of the de facto parking session.

4. If the Vehicle User has received a ticket from the parking machine to start the parking session, he/she undertakes to pay an additional fee, in the event of its loss or illegibility, the cost of which is indicated on the parking machine.

5. The amount of the parking fee, the terms of payment and the conditions, methods and instructions for using the parking permit are indicated on the parking machine, on the relevant information board and/or on the parking machine and/or in the web application. If there is a 24-hour fee in the car park, such a parking session must be uninterrupted.

6. If it is permitted to park with a trailer in the car park, a trailer that is coupled with a rigid coupling or parked separately during parking shall be considered a vehicle for the purposes of this Parking Agreement and a separate Parking Agreement shall be concluded under the same conditions.

7. The temporary non-functioning of one or more payment methods does not release the Vehicle User from the obligation to pay the parking fee.

8. If the parking fee or other claims arising from the Parking Agreement are not paid, EP has the right to require that a consumer compensate for debt collection costs during the term of the agreement in accordance with the conditions set out in subsection 1132 (1) of the LOA, and after termination of the agreement the consumer agrees to compensate for the collection costs on the basis of the limits set out in subsection 1132 (2) of the LOA. The cost of the first paid reminder after the termination is 15 euros. A person engaged in economic or professional activities undertakes to pay compensation for the collection costs in the amount of 40 euros on the basis of subsection 1131 (1) of the LOA.

9. After parking the vehicle, the Vehicle User undertakes to immediately place a document certifying the right to park (incl. if it is allowed to park in the car park for a certain time free of charge or without a parking permit, the starting time of parking must be fixed according to the instructions in the car park) on the windscreen or dashboard of the vehicle in such a way that payment for parking or the validity of the parking card or parking permit can be ascertained from outside the vehicle, except if the parking is paid for with a mobile phone or parked on the basis of an electronic parking permit or if the start and end of the parking session are automatically fixed by the camera by identifying the registration plate of the vehicle for this purpose.

10. The Vehicle User must use the car park and the parking space prudently, purposefully, and diligently, in accordance with the Parking Agreement, applicable traffic rules, and the instructions available in the car park. Maintenance and repair work of any vehicle and removal of snow or dirt, etc. from the vehicle to the car park is prohibited in the car park. The vehicle to be parked must have a valid registration and a proper registration plate.

11. When parking and paying for the vehicle, the Vehicle User shall provide EP with the personal data necessary for the provision of the parking service: i.e. the registration number of the vehicle, details of the electronic means of payment, etc. EP processes the data provided to it by the Vehicle User in accordance with the requirements of the legislation in force for the purpose of performing and securing the performance of the Parking Agreement.

12. EP has the right to process the payments made by the Vehicle User through a third-party payment intermediary whose service fees are paid by the Vehicle User.

13. In the event of a breach of the Parking Agreement, the Vehicle User undertakes to pay EP a contractual penalty of one hundred (100) euros. If the infringement continues, a new penalty claim may be filed at least 24 hours after the previous penalty claim. Payment of the contractual penalty shall not replace payment of the parking fee. In the event of failure to pay the contractual penalty, EP has the right to make inquiries to national registers and other databases in order to identify the owner or authorised user of the vehicle.

14. In case of violation of the Parking Agreement, EP has the right to use all legal remedies arising from the law and the Parking Agreement. EP also has the right to use the right of security on the bases provided by law, including to prevent the vehicle from leaving the parking area or to move the vehicle. In addition to the right of security, EP has the right to prevent the vehicle from leaving the parking area or to move the vehicle also if the Parking Agreement is materially violated. Material violations of the Parking Agreement include (but are not limited to) repeated violations of the Parking Agreement, falsification/manipulation of the parking permit, changing the start time of parking on the parking clock during the parking session, parking a vehicle without a registration plate, disturbing other parking users or in a prohibited place (e.g. in a green area or on a pavement or in the parking place of a disabled person's vehicle without a corresponding permit, etc.). In the event of preventing the vehicle from leaving the parking area or moving it, EP has the right to detain the vehicle until EP’s claims, including the costs related to the detention, storage fee and removal of the vehicle, have been paid. The cost of moving the vehicle is 250 euros. EP has the right to assign the claims arising from the Parking Agreement to a third party, file a claim with a court and publish the details of the claim (debt) in the payment default register.

15. EP has the right to unilaterally and at any time amend these terms and conditions of the Parking Agreement if circumstances change. A notice of amendment of the terms and conditions of the Parking Agreement will be published on the Lessor's website www.europark.ee. The notice of amendment of the terms and conditions of the Parking Agreement and the new full text or new terms and conditions thereof will be published on the website at least 30 days before the terms and conditions of the Parking Agreement or the new terms and conditions enter into force.

16. The new terms and conditions of the Parking Agreement become an integral part of the Parking Agreement and binding on the parties from the date of their entry into force. The amended or new terms and conditions of the Parking Agreement shall become an integral part of the Parking Agreement from the date of their entry into force and shall be binding on the parties. The validity of the provisions or conditions of the previously valid terms and conditions of the Parking Agreement shall be deemed expired.

17. Parking and driving takes place in the car park under the full responsibility of the Vehicle User and EP is not liable for any damage caused to the vehicle by the Vehicle User, EP or third parties while driving or parking in the car park.

18. The Parking Agreement is also subject to the EP’s ‘Terms and Conditions of Purchase and Use of a Parking Permit’ which are available on EP’s website www.europark.ee. In the event of a conflict between one or more of the terms and conditions, the terms and conditions set forth in the Parking Agreement shall apply.

19. Additional information, including about privacy policy, is available from EP’s Customer Service (phone +372 661 0223, e-mail: europark@europark.ee) or on the website www.europark.ee.

20. In the event that these Terms and Conditions have been translated into another language, the Estonian version shall prevail in the event of any conflict.