1. These Terms and Conditions govern the procurement of products offered and procured in person at the car parks of the EMPARK Group and entities subscribed to or associated with the service (hereinafter, the "Products" or the "Product"), located in different cities in Spain, Andorra and Portugal. |
2. The User will procure the Product from the EMPARK Group Company that owns the car park where the Product is procured (hereinafter, the "Company"). You can view the list of car parks where the Products are offered, as well as the Company that owns each of them on the Empark Group website (https://www.empark.com/es/es/listado-de-sociedades-del-grupo-empark). In any event, procurement of the Product will establish a direct legal relationship between the User and the Company that owns the car park where the Product is procured. |
3. These Terms and Conditions constitute the total agreement between the parties, and is considered to be superior in rank to any prior written or oral agreement, understanding, assertion, representation, negotiation or intention in accordance with this matter. Procurement of the Products implies acceptance of these Terms and Conditions, as well as the rest of the conditions applicable to the User, and in particular the Privacy Policy. The User shall be personally responsible for the veracity, accuracy and authenticity of the details supplied at the time of procuring the Products. If the User detects any error in the details provided, they may request their amendment by contacting the car park where the Product was procured. |
4. The User may procure the Product at EMPARK Group car parks in Spain in the Spanish language or in the co-official language of the place where the car park is located, and in Portugal, in the Portuguese language. |
5. The User will be responsible for all damages and/or losses it causes to the Company, both wilfully or due to negligence, when fulfilling this contract. Specifically, when procuring the Company's services, the User expressly accepts the current conditions of access and use in car parks or other procured services, and understands that these standards are issued exclusively by the car parks. These standards will be available to be viewed by the User in each of the car parks in which the Products are offered. Likewise, the User will be responsible to the Company and other users for any damages caused to them due to a failure to comply with their duties or inexperience in driving the vehicle inside the car park. The owner of the vehicle that is not the User will be jointly and severally liable for the damages caused by the User. |
6. The Company shall not be responsible for any breach or delay in the fulfilment of any of the obligations assumed if due to events that are beyond its reasonable control ("Force Majeure"). Force Majeure shall include any act, event, lack of fulfilment, omission or accident that is outside the control of the Company. The Company will use reasonable measures to end the Force Majeure or to determine a solution that allows us to fulfil our obligations despite the Force Majeure. |
7. In Spain, the Company shall return the vehicle to the person with proof of parking in its original condition, along with the components and accessories that are a fixed and inseparable part of said vehicle and standard features for the type of vehicle in view of its type and value. In any event, non-fixed and removable accessories (e.g. mobile phones) must be removed by users. The Company will not be held liable for their return. In Spain, the Company will be responsible both to the User and to the vehicle owner, for the damages caused by total or partial non-compliance with the obligations set out in Act 40/2002, of 14 November, regulating vehicle parking contracts.
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8. The User, considered as such (not companies) according to the provisions of Article 3 of Royal Legislative Decree 1/2007, of 16 November, approving the recast text of the General Law for the Defence of Consumers and Users and other supplementary laws (hereinafter, RDL 1/2007), has the recognised right to withdraw from the procured Product. Therefore they may withdraw from the Product contract within fourteen (14) calendar days from procurement, unless he/she uses the Product before then, in which case the right to withdraw shall end when the Product is used. To exercise the right of withdrawal within the aforementioned periods, the User must contact the car park and indicate their desire to withdraw from the contract in writing, or send a notice to the email contact@telpark.com. In both cases the withdrawal form set out in Schedule I may be used, although its use is not mandatory. Exercising the right of withdrawal will discharge the Company's obligations in relation to the procured Product. If exercising the right of withdrawal, the User will be refunded the amounts paid to procure the Product using the same payment method used by the User for the initial transaction. Processing fees are non-refundable. In any event, no expenses will be incurred as a result of the refund, provided that this right is exercised within the aforementioned periods. No refund will be paid if the User uses the Product prior to exercising the right of withdrawal, in which case the right will be forfeited from the time of use. |
9. Procurement of the Products does not give the User priority to enter car parks of the EMPARK Group or entities that are associated with or subscribed to the service if there are other vehicles waiting beforehand. Therefore, the User who procures the Product does not have priority access to the car park, and must wait until the necessary parking spaces are available in the car park to access it. |
10. The Product User will position their vehicle in a single space. Repairs or car washing cannot be carried out in this space without the Company's express consent. Likewise, items may not be stored in the space. |
11. If any provision(s) of these Terms and Conditions of Procurement are considered to be null and void, in whole or in part, by any competent court, tribunal or administrative body, this invalidity or non-application will not affect the remaining provisions. In this case, the clause(s) affected will be replaced by another or others that have effects that are most similar to those of the provisions replaced. |
12. These Terms and Conditions have been presented to the User in good time, in accordance with the current legislation. Furthermore, the Company makes these Terms and Conditions available to the User, so that they can be stored and reproduced, thus complying with its legal duty to provide pre-contract information. The Company reserves the right to unilaterally amend these Terms and Conditions at any time and without notice. In these cases, they will be published with as much notice as possible, and they shall apply to new procurements. |
13. If the User wishes to contact the Company with any queries, incidents in their purchase, complaint, claim, or discrepancy regarding any matter related to these conditions of use, they can do so by sending an email to the address: soporte@telpark.com (service in Spanish), or suporte@telpark.com (service in Portuguese). If the Company does not satisfactorily resolve the claim submitted internally by the User, in accordance with EU Regulation no. 524/2013, they have the right to request an out-of-court resolution of consumer disputes accessible via the following link: http://ec.europa.eu/consumers/odr/. |
14. In accordance with the provisions of Article 6 in relation to article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), this contract will be governed by the law of the country of the car park where the Product is procured. Thus if the car park where the Product is procured is located in Spain, these terms and conditions will be governed and interpreted in accordance with Spanish legislation (Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other supplementary laws). If the car park where the Product is procured is located in Portugal, Portuguese legislation shall apply (Act 24/96 of 31 July, for the Defence of Consumers and Users and other applicable legislation). The competent jurisdiction will be determined by the applicable legislation at all times. |
SPECIFIC PROVISIONS FOR EMPARK GROUP PRODUCTS
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SEASONAL TICKET |
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BASIC INFORMATION ON PERSONAL DATA PROTECTION: DATA CONTROLLER • The Empark Group company that owns the car park where the Product was procured.You can view the list of companies that own each car park on the Empark Group website (https://www.empark.com/es/es/listado-de-sociedades-del-grupo-empark). PURPOSES • Manage and provide the procured service • Contact you to inform you about products or services similar to those procured and offered by the EMPARK Group that may interest you. To develop this purpose, your data will be processed to apply profiling/segmentation techniques that allow the products or services that we can offer you to match your interests and needs as closely as possible. You can object to this processing by checking the following box: I do not wish to be contacted to inform me about products or services offered by the EMPARK Group related to the procured products or services. We will contact you to inform you about other products or services offered by the EMPARK Group or third parties in relation to the parking and electronic payment sectors, provided you have given your consent by checking the box below. To develop this purpose, your data will be processed to apply profiling/segmentation techniques that allow the products or services that we can offer you to match your interests and needs as closely as possible. Your consent is not required to formalise the contract. • Transfer your personal data to EMPARK Group companies or to third parties which can inform you about products and services offered by these companies related to the parking and electronic payment sectors. LEGAL BASIS • To manage the contract for the procured service: contract performance. • To provide information on EMPARK Group products or services similar to those procured: legitimate interest of the data controller. To inform you about other products or services of any EMPARK Group company or third parties, other than those procured: data subject consent • To transfer your data to EMPARK Group companies or third parties: data subject consent. RECIPIENTS • The data will not be transferred to third parties, unless a legal requirement. However, if you have given your consent by ticking the box below, your data may be transferred to EMPARK Group companies or to third parties related to the parking and electronic payment sectors, to inform you about the products and services offered by these companies. Your consent is not required to formalise the contract. The service providers that the EMPARK Group hires or may hire and which have the status of data processors, as well as companies in the EMPARK Group, may also have access to your personal data, for managing the abovementioned purposes. RIGHTS: Access, rectification, cancellation, limitation of the processing and portability of data in the cases and within the scope laid down by the applicable regulations at any given time. If you have given consent for the aforementioned purposes, you can withdraw it at any time. |
PASS PER USE |
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HOURLY PASS |
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MULTIDAY PASS |
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FLEXIDAY PASS |
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PREPAID TICKET |
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SCHEDULE I. WITHDRAWAL FORM (Form to be filled in by the User who wishes to withdraw from the contract)
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FAO [NAME OF THE COMPANY WITH WHICH YOU ENTERED INTO THE CONTRACT] [ADDRESS OF THE COMPANY WITH WHICH YOU ENTERED INTO THE CONTRACT]
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I, Mr./Mrs. [Write text], with email address [Write text], hereby inform you of my decision to withdraw from the procurement contract for the pass executed on [Write text], with the localisation number [Write text].
This communication is issued within 14 calendar days after the date indicated for the execution of the contract.
User Signature (sign only if the form is presented on paper)
In [Write text], on [Write text]
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**You can view the company that owns the car park where the product was procured on the Empark Group website (https://www.empark.com/es/es/listado-de-sociedades-del-grupo-empark).
SCHEDULE II. GENERAL TERMS AND CONDITIONS OF PASS HOLDER DATA PROTECTION
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1. Data controller and Data Protection Officer The data controller for your personal data is the Company that owns the car park where the Product was procured (hereinafter "the Company that owns the car park"). You can view the name of the company, as well as its registration and contact details, on the Empark Group website (https://www.empark.com/es/es/listado-de-sociedades-del-grupo-empark). The EMPARK Group has appointed a Data Protection Officer, with whom you may raise any matter relating to the processing of your personal data and whose contact details are as follows: Postal address: C/ Avenida del General Perón nº36, 1ª Planta, 28020. Email: dpo@telpark.com 2. Purpose of the personal data processing The customer's data will be processed for the purpose of managing the provision to the customer of the procured services. Furthermore, the Company that owns the car park may process your personal data to comply with any legal obligations in its remit, including tax obligations and, where applicable, applicable local regulations. It may also carry out other processing with your personal data that does not arise due to the need to execute a contract or fulfil a legal obligation. You may object to the processing at any time based on our legitimate interest or withdraw the consent granted. Thus, provided that you do not object by checking the box in the specific conditions, you may receive information by email about products or services – similar to those procured – offered by the Company that owns the car park that may interest you. To this end, your personal data may be analysed and used to create a profile that enables these commercial communications to be adapted as much as possible to suit your needs and preferences. In this analysis, your demographic data may be taken into account, as well as data referring to the type of product you have procured. Moreover, provided that you have checked the corresponding box, you may receive, through any communication channel (including, but not limited to, email, SMS and telephone calls), information on other products or services offered by the EMPARK Group or third parties, related to the parking and electronic payment sectors. To this end, your personal data may be analysed and used to create a profile that enables these commercial communications to be adapted as much as possible to suit your needs and preferences. In this analysis, your demographic data may be taken into account, as well as data referring to the type of product you have procured. In any case, you may only receive commercial communications of products and services not related to those you have procured until you withdraw the consent granted. If you have given your consent, your personal data may be transferred to EMPARK Group companies or to third parties related to the parking and electronic payment sectors, so that they can contact you to inform you about the products and services marketed by these companies. Personal data storage period: Customers' personal data will be stored as long as necessary for the abovementioned purposes. When they are not necessary for such purposes, the data will be blocked during the period necessary to be used in defence against administrative or judicial proceedings and may only be unblocked and processed again for this reason. After this period, the data will be definitively cancelled. 3. Recipients of personal data Your personal data may be disclosed to Administrations, Authorities and Public Bodies, including Courts and Tribunals, when required by the applicable regulations. The service providers that the Company that owns the car park hires or may hire and which have the status of data processors, as well as companies in the EMPARK Group, may also have access to your personal data, for the sole purpose of managing the abovementioned purposes. Furthermore, and if you have expressly given your consent, your data may be transferred to EMPARK Group companies or to third parties related to the parking and electronic payment sectors, so that they can contact you to inform you about the products and services marketed by these companies. You can view the list of EMPARK Group companies at the following link: www.empark.com. 4. Legitimate processing and disclosure of personal data In the case of the abovementioned processing, the purpose of which is to manage the procured service or to fulfil a legal obligation, the legitimate basis will be the execution of a contract or the fulfilment of the applicable legal obligations. Therefore, refusal to provide the requested personal data, or the provision of inaccurate or incomplete data, could make us unable to properly provide the procured Services. Users are responsible for the truthfulness of the data provided, as well as for communicating any amendment of the data to the Company that owns the car park. The legal basis of processing carried out for the purpose of sending commercial communications to you regarding the products or services of the Company that owns the car park similar to those procured will be the Company that owns the car park's legitimate interest. For this reason, you may object to the processing at the time you provide the data by checking the box included in the specific conditions or at any time thereafter. You will find the information necessary to exercise your right of opposition in section 5 below, “Rights of the data subject in relation to the processing of their personal data”. The legal basis of processing carried out for the purpose of sending commercial communications to you regarding other products or services offered by EMPARK Group or by third parties related to the parking and electronic payment sectors, will be the consent you may have granted. Therefore, as long as you do not withdraw your consent, you may continue to receive communications of this kind. The legal basis of the disclosure of your data to EMPARK Group companies and third parties related to the parking and electronic payment sectors, will be the consent you may have granted. Therefore, as long as you do not withdraw your consent, you may continue to receive communications of this kind. The use of the services offered by the Company that owns the car park will never be subject to you granting consent. In any case, you are reminded that if you have given your consent, you have the right to withdraw it at any time, and this will not have any consequences for the services or products you have procured or for which you are a beneficiary. You will find the information necessary to exercise your to withdraw your consent in section 5 below, “Rights of the data subject in relation to the processing of their personal data”. If you have any doubts regarding the purposes of your personal data processing or its legitimacy, you may contact the Data Protection Officer. You will find the details and contact channels in section 1 above, “Data controller and Data Protection Officer”.
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