Conditions for the purchase and use of a parking permit

These terms and conditions of purchase and use of the parking permit (Terms and Conditions of Purchase and Use of a Parking Permit) regulate the relations between OÜ EUROPARK ESTONIA (Estonia pst 9, 10143, Tallinn, Estonia, registry code 10811490) and its customers who use the parking service on the basis of a permanent agreement (i.e., have purchased a parking permit for the use of the parking service).

1. For the purposes of the Terms and Conditions of Purchase and Use of a Parking Permit:
 

1.2. ‘Lessor’ means the Limited Liability Company OÜ EUROPARK ESTONIA, registry code 10811490.
1.3. ‘Lessee’ means a natural or legal person with whom the Lessor has entered into an Agreement and who has given its consent to the Lessor for obtaining, using and verifying its data in accordance with the procedure agreed in the Agreement.
1.4. ‘Agreement’ means a parking agreement concluded between the Lessor and the Lessee for the use of the Car Park, of which these Terms and Conditions of Purchase and Use of a Parking Permit are a part.
1.5. ‘Party’ means the Lessee or the Lessor.
1.6. ‘Parties’ mean the Lessee and the Lessor.
1.7. ‘Car Park‘ means an unguarded open parking area (‘Open Car Park’) or a building in which parking is arranged (‘Parking Garage’).
1.8. ‘Parking Permit’ means a permit certifying the right to use the Car Park. The existence of a Parking Permit is confirmed by an entry in the respective information system of the Lessor. When purchasing a Parking Permit for parking in the Parking Garage or if the Lessee requests, a Parking Card will be issued to the Lessee.
1.9. ‘Parking Card’ means a document issued to the Lessee for parking in the Parking Garage or if requested by the Lessee.
1.10. ‘Rent’ means a fee paid by the Lessee to the Lessor for the parking service in accordance with the Lessor's price list.
1.11. ‘Contractual Penalty’ means a sanction (fine) agreed in the Agreement, which the Lessee undertakes to pay to the Lessor in the event of a breach of the Agreement or the parking regulations.
1.12. ‘Surcharges’ mean fees for additional services provided to the Lessee, as well as fees payable by the Lessee to the Lessor if the Lessee has not duly complied with the provisions of the General Terms and Conditions and/or the Terms and Conditions of the Parking Agreement, therefore, the provision of additional services is necessary to eliminate the breach or to remedy the consequences of the breach.
1.13. ‘Terms and Conditions of the Parking Agreement’ mean the terms and conditions established for the use of the Car Park.
1.14. ‘Web Application’ means the web environment at www.europark.eethrough which the Lessee can submit applications to the Lessor, enter into the Agreement and consult and obtain information on the terms and conditions.
1.15. ‘Vehicle’ means a vehicle (including a trailer) registered (with a registration plate) and self-propelled, of the size of a normal passenger car.

2. Parking Permit

2.1. The Lessor enters the Vehicle-based Parking Permit into its respective information system for each Vehicle of the Lessee that the Lessee wishes to park in the Open Car Park. The Lessee may park the Vehicle in the Open Car Park only if a Parking Permit is available.
2.2. To park in the Parking Garage, the Parking Card and the corresponding parking automation of the Parking Garage must be used.
2.3. The Lessee to whom the Lessor has issued a Parking Permit and/or Parking Card may use it only for parking the Vehicle entered by the Lessor in the relevant information system. The Lessee may transfer the Parking Permit and/or the Parking Card to a third party, including change the Vehicle data entered in the information system (sub-use of the Parking Permit) only with the consent of the Lessor. Otherwise, the sub-use of the Parking Permit is prohibited. In the event of the use of the Parking Permit and/or the Parking Card by a third party in this manner, the Lessee shall be liable to the Lessor for the performance by the third party of the obligations provided for in the Agreement and the General Conditions, as for the performance of its own obligations, including the Lessee shall be liable to the Lessor for any damage caused by breach of the conditions of the sub-use of the Parking Permit. If the Lessee obtained proprietary benefit through breach, the Lessee undertakes to transfer all the received gain to the Lessor. If the Agreement concluded between the Lessor and the Lessee for the use of the Car Park expires for any reason, the sub-user's right to use the Parking Permit in the Car Park shall also expire.
2.4. If a Parking Card has been issued to the Lessee at its request, the Vehicle may be parked in the Open Car Park only if the Parking Card issued for this Vehicle is mounted against the windshield of the Vehicle so that all data on the front of the Parking Card are clearly visible from outside the Vehicle and the barcode is verifiable.
2.5. In the absence of a Parking Permit for any reason, the Lessee must purchase a one-time parking ticket or use another means of payment provided in the respective Car Park and pay for parking in accordance with the terms and conditions valid in the Car Park.
2.6. If the Parking Card is issued at the request of the Lessee, the Lessee is obliged to pay the Lessor a fee of 3 euros for issuing the Parking Card. In case of loss or damage of the Parking Card, the Lessee is obliged to pay the Lessor a fee of not more than 30 euros for the loss of the Parking Card.

3. Use of the Car Park and the rights and obligations of the Parties

3.1. The Lessee undertakes to provide only correct and accurate information upon entry into the Agreement. If the Lessee provides incorrect or inaccurate data, the Lessee bears the entire risk of misrepresentation. The Lessor has the right to terminate the Agreement prematurely and without prior notice if any false information is submitted by the Lessee.
3.2. The Lessee has the right to use the Car Park in accordance with the terms and conditions of the Agreement and the Terms and Conditions of Purchase and Use of a Parking Permit, including at the time and for the number of Vehicles agreed.
3.3. The Lessee undertakes to use the Car Park and the parking space prudently, purposefully, and diligently, in addition to the information specified in clause, also in accordance with the applicable traffic rules and the instructions available in the Car Park. The Lessor does not guarantee the availability of a parking space.
3.4. The Lessor has the right to use the rest of the Car Park and parking spaces itself or to make them available to third parties. The Lessee does not have the right to demand from the Lessor the possibility to use a specific and/or the same parking space each time, but has the right to use any free parking space in the Car Park.
3.5. Parking and driving in the Car Park is at the driver's full responsibility. The Lessor is not liable for damage to the Vehicle caused by a third party during parking and driving.
3.6. The Lessee shall park the Vehicle in a reasonably foreseeable way so that parking the Vehicle does not reduce the number of parking spaces in the Parking Garage or hinder driving in the Parking Garage. The Lessee undertakes to drive in the Car Park and park the Vehicle in a manner that does not endanger or damage the Car Park, any property, or persons in it.
3.7. Unless the Parties have agreed otherwise, only a Vehicle (including a trailer) with a registration plate provided by the Lessee to the Lessor upon entry into the Agreement may be parked in the Car Park. Regardless of whether the trailer is connected to the vehicle or not, it must have a separate Parking Permit.
3.8. When using the Car Park and the parking space, the Lessee must comply with all the instructions of the Lessor's employees and the terms and conditions of the Parking Agreement established by the Lessor.
3.9. The Lessee undertakes to ensure that the parked Vehicle is safe, does not cause negative effects on the surrounding environment, does not transport flammable materials, hazardous waste, etc.
3.10. If the Lessee's activities in the Car Park, including parking the Vehicle, violate the procedure provided in the Agreement, the General Terms and Conditions and/or the Terms and Conditions of the Parking Agreement, the Lessor has the right to impose a Contractual Penalty of one hundred (100) euros per each violation. In addition to paying the Contractual Penalty, the Lessee is obliged to compensate the Lessor or, if the injured Party is a third party, the third Party for all damage caused by the breach of the Agreement. In addition, the Lessor has the right to impose a Contractual Penalty of one hundred and fifty (150) euros on the Lessee for each violation if the Lessee violates the procedure for sub-use provided for in clause 2.3 of the Agreement.
3.11. If the Lessee's Vehicle is parked incorrectly and/or in such a way that a dangerous situation may occur, significant damage occurs or may occur, or the Vehicle obstructs other users of the Car Park, including reduces the number of parking spaces in the car Park, and/or traffic, and/or the Terms and Conditions of the Parking Agreement, the Lessor has the right to the move or have the Vehicle moved at the responsibility and expense of the Lessee. Similarly, a Vehicle may be moved in case of violation of other obligation(s) set forth in the Terms and Conditions of Purchase and Use of a Parking Permit, in cases provided for in law or in case of violation of the terms and conditions set forth in the Car Park or in case of public interest.
3.12. The Lessor has the right to perform any maintenance and repair work in the Car Park without prior notice, including temporarily reducing the number of parking spaces in the Car Park, however, arranging these operations in the least disruptive manner for the Lessees. The Lessee undertakes to endure such maintenance and repair work. In order to perform maintenance and repair work, the Lessor has the right to demand that the Lessee relocate the Vehicle, giving reasonable notice thereof. Among other things, the installation of the necessary information in the Car Park is deemed to be a proper notification.
3.13. When using the Parking Garage, the Lessee undertakes to follow the opening hours of the Parking Garage. Outside the opening hours of the Parking Garage, the Lessee shall have access to the Parking Garage only under the conditions provided for in the Parking Garage. It is prohibited to enter the Parking Garage in any other way outside the opening hours of the Parking Garage.
3.14. The Lessor is not obligated to grant the Lessee access in the absence of a Parking Permit and/or in any other manner than enabled by the technical possibilities of the Parking Garage, and is not liable for any damage, inconveniences, etc., caused to the Lessee due to the fact that due to the absence of a Parking Permit the Lessee is not able to access the Parking Garage.

4. Rent and Surcharges

4.1. The Lessee undertakes to pay the Lessor a monthly rent. The Rent shall be paid for the following calendar month in advance according to the invoice submitted by the Lessor to the bank account indicated on the Lessor's invoice and/or by the due date indicated on the invoice submitted by the Lessor and/or as an advance payment for the current calendar month. The Lessor shall issue an invoice to the Lessee at least seven (7) days before the due date for payment of the Rent to the e-mail address specified in the Agreement. A monthly surcharge of two (2) euros will be added to the invoice sent by post. If the Lessee has not received the invoice sent by e-mail during the current month, it is obliged to inform the Lessor thereof by e-mail at europark@europark.ee. Failure to send the invoice by the Lessor does not release the Lessee from the obligation to pay the Rent.
4.2. If the Lessee delays the payment of the Rent, Surcharge, Contractual Penalty, or other fee arising from the Agreement, the Lessee is obliged to pay the Lessor interest on arrears at the rate of 0.06% of the outstanding amount per day for each day of delay in payment.
4.3. By paying the invoice, the Lessee agrees to the content and amount of the invoice. The amount paid is not refundable if it corresponded to the amount of the invoice. The amount overpaid will be refunded to the Lessee on the basis of its application.
4.4. The consumer agrees to the compensation for the collection costs during the term of the Agreement in accordance with the conditions set out in subsection 1132 (1) of the Law of Obligations Act (LOA), and after the 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 Parties have agreed that the cost of the first paid reminder after the termination of the Agreement is 15 euros.
4.5. A person engaged in economic or professional activities agrees to pay compensation for the collection costs in the amount of 40 euros on the basis of subsection 1131 (1) of the LOA.
4.6. The Lessor has the right to charge the Lessee a fee of 5 euros for the transmission of each copy of the original accounting documents, including copies of invoices.

5. Lessor's liability

5.1. Under no circumstances shall the Lessor be liable for any damage which the Lessee may suffer, including loss of profit, and shall not be obliged to compensate for such damage. The Lessor shall not be liable for damage caused by force majeure, as well as for circumstances in which liability is excluded or limited in accordance with the Agreement or law, or if the Lessor's violation is excusable.

6. Validity of the Agreement

6.1. The Agreement is concluded for a term of one (1) month or for an indefinite period.
6.2. The fixed-term Agreement terminates upon the expiry of the term of the Agreement.
6.3. In case of an Agreement entered into for an unspecified term, the Parties have the right to ordinarily cancel the Agreement by notifying the other Party at least one (1) month in advance thereof based on subsection 312 (2) of the LOA. The Lessee shall submit a corresponding notice of cancellation using the Web Application. If a Parking Card has been issued to the Lessee, it is recommended to keep it for future use upon the termination of the Agreement.
6.4. In case of an Agreement entered into for a fixed term, the Parties have the right to ordinarily cancel the Agreement by notifying the other Party at least one (1) month in advance. The Lessee shall submit a corresponding notice of cancellation using the Web Application. If, for any reason, the Lessor's right to use the immovable on which the Car Park is located expires, the Agreement shall automatically terminate on the same day. If possible, the Lessor shall notify the Lessee of such termination of the Agreement within a reasonable time. The Lessee shall not have the right to file any claims or complaints against the Lessor arising from such termination of the Agreement, except for the claim for the return of the prepaid Rent.
6.5. A Party may extraordinarily cancel the Agreement entered into for a specified term or for an unspecified term without observing the term for advance notice if the other Party materially violates an obligation arising from the Agreement. Among other things, repeated violation of any of the conditions of the Agreement is deemed to be a material breach of the Agreement.
6.6. Extraordinary cancellation of the Agreement shall be effected by submitting a corresponding application to the other Party, unless otherwise set out in the Agreement. If the Lessor extraordinarily cancels the Agreement due to the Lessee's failure to pay the Rent, the Agreement shall be deemed terminated on the due date specified in a reminder sent by the Lessor to the Lessee in a format which can be reproduced in writing (obligation to perform the obligation) if the Lessee fails to perform the obligation. If the Lessor terminates the Agreement in an extraordinary manner, the validity of the Parking Permit shall also be automatically terminated.

7. Restricting the Parking Permit

7.1. The Parties have agreed that in the event of the breach of any payment obligation or other breach of the Agreement by the Lessee, the Lessor shall have the right to unilaterally restrict the use of the Lessee's Parking Permit without prior warning, i.e. during the period of restriction of the Parking Permit, the Parking Permit or the Parking Card shall not grant the right to park in accordance with the terms and conditions agreed upon in the Agreement. The Lessor has the right to attach additional conditions to the termination of the suspension of the Parking Permit, including demanding the payment of the debt. The Lessor shall not be liable for any damage caused to the Lessee by suspension.
7.2. If the use of the Parking Permit is restricted and the Lessor has issued Contractual Penalty/Penalties to the Lessee during this period for the violation of the terms and conditions of the Agreement, the Lessor shall not be obliged to cancel these Contractual Penalties due to the fact that the Rent was paid after the due date.
7.3. Upon sending the invoice, the Lessor shall inform the Lessee that if the Rent is not paid within the term, the use of the Parking Permit shall be restricted.

8. Principles of Personal Data Processing

8.1. When processing the personal data, the Lessor always observes the interests, rights, and freedoms of the data subjects, following the principles of legality, confidentiality, fairness and transparency, purposefulness, accuracy, reliability, etc. in such a way that it is always ready to prove that the processing of personal data meets the set purposes.
8.2. Upon entry into the Agreement, the Lessor processes the personal data that the Lessee has provided to the Lessor in the Web Application or in another manner. This is done in order to enter into, perform or ensure the performance of the Agreement. The Lessor also has the right to process the following (personal) data:
8.2.1. Vehicle registration numbers (to verify the existence of a Parking Permit, i.e., to perform and secure the agreement entered into when parking the Vehicle);
8.2.2. video recordings in parking areas (to ensure security, including detection of committed offences);
8.2.3. IP address and cookie data (to provide, develop a better service, to authenticate).
8.2.4. The Lessee confirms that it has read the Lessor's privacy policy, which is available here.

9. Other terms and conditions
 

9.1. The Lessee shall be liable to the Lessor for all damage caused by violation of the Agreement and parking arrangements. Among other things, but not limited to, the Lessee is liable for damage caused to parking equipment and/or the Car Park, damage caused by improper sub-use of a Parking Permit, damage caused by violation of the Parking Card, etc., and damage caused to third parties. If a Contractual Penalty is prescribed for a violation, the Lessee shall be liable for causing damage in addition to the Contractual Penalty. The Lessee shall also be liable for the acts or omissions of all persons who used the Vehicle with the Parking Permit directly while parking in the Car Park in the same way as for their own acts or omissions.
9.2. After the entry into the Agreement, the Lessor shall have the right to unilaterally and at any time amend these Terms and Conditions of Purchase and Use of a Parking Permit, including the amount of Rent and/or Surcharges and/or establish new Surcharges, if the circumstances on the basis of which the Agreement was concluded change. A notice of amendment of the Terms and Conditions of Purchase and Use of a Parking Permit shall be sent to the Lessee at the contact details provided by the Lessee upon entry into the Agreement and published on the Lessor's website www.europark.ee. The notice of amendment of the Terms and Conditions of Purchase and Use of a Parking Permit and the new full text or new terms and conditions thereof shall be published on the website at least 30 days before the amendments to the Terms and Conditions of Purchase and Use of a Parking Permit or the new terms and conditions enter into force.
9.3. The new Terms and Conditions of Purchase and Use of a Parking Permit become an integral part of the Agreement and binding on the Parties from the date of their entry into force. If the Lessee does not agree to the amendments or the new Terms and Conditions of Purchase and Use of a Parking Permit, the Lessee shall have the right to cancel the Agreement by notifying the Lessor thereof within 30 days as of the publication of the amendments or the new Terms and Conditions of Purchase and Use of a Parking Permit. Cancellation of the Agreement shall not release the Lessee from the obligation to perform the obligations arising from the Agreement until the cancellation thereof, whereas the current Terms and Conditions of Purchase and Use of a Parking Permit apply to the Lessee with regard to the performance of these obligations. If the Lessee does not cancel the Agreement within 30 days as of the publication of the notice regarding the amendments in the Terms and Conditions of Purchase and Use of a Parking Permit or the entry into force of the new terms and conditions, it shall be deemed that the Lessee has by default expressed its intention to accept the amended Terms and Conditions of Purchase and Use of a Parking Permit and has no claims against the Lessor in this regard. The amended or new Terms and Conditions of Purchase and Use of a Parking Permit shall become an integral part of the 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 Purchase and Use of a Parking Permit shall be deemed expired.
9.4. In matters not regulated by the Agreement and the Terms and Conditions of Purchase and Use of a Parking Permit, the Parties shall be guided by the legislation in force in the Republic of Estonia.
9.5. Disputes arising from the Agreement shall be resolved as a matter of priority through negotiations between the Parties. If an agreement cannot be reached, these will be settled in Harju County Court.
9.6. The Lessor may forward to the Lessee all notices related to the Agreement to the contact person specified in the Agreement by e-mail. Notices sent in this way shall be deemed received by the Lessee on the working day following their sending.
9.7. The Lessee shall submit an application concerning the temporary restriction, reopening, termination, etc. of the Parking Permit to the Lessor using the Web Application. If the Lessee wants to submit the application by e-mail, the Lessor will charge an additional fee of EUR 5 for processing the application.
9.8. The Agreement is also subject to the EP’s ‘Terms and Conditions of the Parking Agreement’ which are available on the 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 these Terms and Conditions of Purchase and Use of a Parking Permit shall apply.
9.9. 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.
9.10. 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.