ARMK » parking-wesola-terms-and-conditions

Terms and Conditions for the “Wesoła” Car Park on the premises of Agencja Rozwoju Miasta Krakowa sp. z o.o.

§1

Whenever the following terms are used in these Terms and Conditions, they shall have the meanings set out below:

Manager or ARMK – Agencja Rozwoju Miasta Krakowa sp. z o.o., with its registered office in Kraków at ul. Marii Konopnickiej 17, 30-302 Kraków, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0000779952, Tax Identification Number (NIP) 6751698978 and National Business Registry Number (REGON) 382850573;
Car Park – the premises owned by ARMK, located at ul. Śniadeckich in Kraków, designated for the parking of Vehicles and marked in Appendix 1 to these Terms and Conditions;
Parking Space – a part of the Car Park designated for parking a Vehicle;
Vehicle – a means of transport intended for use on a road, or a machine or device adapted for such use;
User – a person who, upon entering the Car Park, enters into an agreement for the paid use of a Parking Space;
Parking Fee – the amount payable for each commenced hour of parking in the Car Park, in accordance with the applicable Tariff;
Monthly Pass – a flat-rate fee for the right to use the Car Park for a specified period, in accordance with the Tariff;
Terms and Conditions – these Terms and Conditions;
Tariff – the tariff constituting Appendix 2 to these Terms and Conditions.

§2

These Terms and Conditions set out the rules governing entry to and parking in the Car Park.
Before entering the Car Park, the User is required to read these Terms and Conditions.
The Car Park is a paid, unguarded car park.
The Car Park operates on a cashless basis. Cash payments are not accepted at the Car Park.
Monitoring at the Car Park is provided solely for technical purposes and does not constitute a property protection service. Monitoring is continuous and records images of the entrance, exit and Car Park premises, without recording sound.
The Car Park is designated as a traffic zone and is subject to the road traffic rules laid down in the Road Traffic Act. With the exception of Vehicles used for maintaining green areas and the premises, Vehicles may travel only on paved roadways.

§3

The Car Park is open 24 hours a day, 7 days a week.
The Manager reserves the right to close all or part of the Car Park. Information about a planned closure will be displayed at the entrance to the Car Park sufficiently in advance. Where the Car Park must be closed for exceptional and unforeseen reasons, the Manager shall not be required to provide advance notice in the manner specified in the preceding sentence.

§4

Every entry and exit of a Vehicle is recorded in the car park management system.
The barrier closes immediately after a Vehicle has passed through. Two Vehicles must not pass through the barrier at the same time, as this may also result in damage to a Vehicle or to the automatic car park system.

§5

An agreement for the paid use of a Parking Space is concluded when the User enters the Car Park and terminates when the User exits the Car Park.
Under the agreement for the paid use of a Parking Space, the User is entitled to park within one Parking Space.
ARMK does not guarantee that a Parking Space will be available to every Vehicle entering the Car Park.
If, after entering the Car Park, the User discovers that all Parking Spaces are occupied, the User must leave the Car Park within 15 minutes. The User must not wait for a Parking Space to become available, including by stopping temporarily within the traffic zone.

§6

To exit the Car Park, the User must pay the Parking Fee specified in the Tariff. The first 15 minutes of parking are free.
The Parking Fee must be paid electronically via the ParkCash mobile application, the payment terminal located at the exit barrier or by scanning a QR code, in accordance with the information signs displayed in the Car Park.
Except for Vehicles exempt from the Parking Fee, exit from the Car Park is possible only after payment has been made or free online validation has been completed.
Complaints concerning Parking Fees must be submitted in writing within 7 days of the date of the relevant event to the address specified in §1 point 1 of these Terms and Conditions. Complaints submitted after this deadline may not be considered.

§7

By purchasing a Monthly Pass through the ParkCash mobile application, the User enters into an agreement for the paid use of a Parking Space for the next 30 calendar days.
The Monthly Pass specifies the number of Vehicles that the User may leave in a Parking Space.
If the Car Park is closed in accordance with §3(2) of these Terms and Conditions, a User holding a valid Monthly Pass shall be entitled to use a Parking Space for an additional number of days corresponding to the period of closure. The User shall not be entitled to claim a refund for the period during which the Car Park was closed.
ARMK reserves the right to:
1. refuse to sell or renew a Monthly Pass without stating a reason;
2. terminate a Monthly Pass with immediate effect if the User breaches these Terms and Conditions.

§8

The Parking Fee and Monthly Pass fee are specified in the Tariff, which forms an integral part of these Terms and Conditions.
The prices specified in the Tariff are gross prices inclusive of the applicable VAT at the rate of 23%.
VAT invoices for parking services are issued only at the User’s request. To obtain a VAT invoice, the User must scan the QR code, which redirects the User to the ParkCash mobile application. In the application, the User requests a VAT invoice by providing the information necessary for its issue and then pays the applicable Parking Fee.
ARMK may pursue legal action to recover amounts owed by Users who fail to pay the applicable fees.

§9

The following persons or Vehicles are exempt from the Parking Fee:

ARMK employees during their working hours;
guests invited by ARMK;
Vehicles exempt under agreements concluded with ARMK;
emergency service Vehicles with statutory priority in road traffic;
Vehicles used by state services for official purposes.

§10

The maximum speed limit in the Car Park and on its access roads and internal roads is 20 km/h.
Drivers using the Car Park must comply with vertical and horizontal road signs and with instructions issued by persons acting on behalf of ARMK and other duly authorised entities, including the Police, Municipal Police and other public order services.
When parking, the driver must pay particular attention to adjacent Vehicles.
Vehicles must not be parked:
1. in traffic lanes;
2. on access roads or roads used for joining traffic;
3. on other roads marked with no-parking signs or corresponding road markings;
4. in designated and marked spaces, except by authorised Vehicles;
5. in places where a parked Vehicle may pose a risk to other Vehicles, persons or property.
Parking Spaces designated for persons with disabilities must not be used by unauthorised persons.
The following activities are prohibited in the Car Park:
1. smoking, using naked flames, consuming alcohol or taking intoxicating substances;
2. storing fuel, flammable substances or empty fuel containers;
3. refuelling Vehicles;
4. leaving a Vehicle with its engine running;
5. parking Vehicles with leaking systems;
6. leaving minors unattended in a Vehicle;
7. leaving animals unattended in a Vehicle;
8. conducting any promotional or advertising activities without ARMK’s consent;
9. repairing, washing or vacuuming Vehicles, replacing coolant, fuel or oil in Parking Spaces or on internal roads, or otherwise contaminating the premises;
10. conducting business activities.
Vehicles carrying any type of firearm or hazardous material, in particular flammable, corrosive or explosive material, are strictly prohibited from entering the Car Park unless the person in possession of such material holds the required permit, has agreed the entry of the Vehicle carrying the material with the Manager and the hazardous material in the Vehicle has been secured in accordance with the applicable legislation.
Where justified, Vehicles using the Car Park may be inspected by the competent services and/or persons acting on behalf of ARMK. By entering the Car Park, Users accept this possibility and agree to submit the entering Vehicle for inspection.

§11

The User of a Vehicle shall be liable for any damage caused to the Manager or third parties within the Car Park.
The User must report any damage to or malfunction of the car park system to the Car Park staff by telephone on 538 561 881 or by email at biuro@armk.pl.
If any component of the car park system is damaged by a person using the Car Park infrastructure, a written statement concerning the damage caused by that person shall be drawn up and/or a Police patrol shall be called.

§12

If the road traffic rules laid down in the Road Traffic Act are breached within the Car Park, the Manager may notify the Police and/or Municipal Police so that appropriate action may be taken against the person responsible.
If a Vehicle is parked in breach of these Terms and Conditions, ARMK may call the appropriate services to have the Vehicle towed to a designated location at the User’s expense and risk.
In exceptional circumstances, where a Vehicle left in the Car Park poses a risk to the life or health of third parties, the property of third parties and/or ARMK’s property, the Manager may call the appropriate services to have the Vehicle towed to a designated location at the User’s expense and risk.
If a Vehicle is left in the Car Park when it is necessary to close all or part of the premises, including the Parking Space in which the Vehicle has been left, ARMK may call the appropriate services to have the Vehicle towed to a designated location at the User’s expense and risk.
In the circumstances specified in paragraphs 2–4, the User consents to the Vehicle being towed at the User’s expense and risk. The Manager may, at its sole discretion, select the entity responsible for towing the Vehicle.

§13

The User leaves the Vehicle in the Car Park at the User’s own risk. In particular, ARMK shall not be liable for:

the loss of or damage to motor Vehicles located in the Car Park or for any items left in such Vehicles, including documents, money, electronic equipment and other objects;
damage resulting from failure to comply with the rules governing use of the car park system, including more than one Vehicle passing through an open barrier;
temporary unavailability of the car park system resulting from technical failures or the operation of information and communication technology systems;
damage resulting from force majeure, fortuitous events or the actions of third parties.

§14

The Manager shall be responsible for interpreting the provisions of these Terms and Conditions.
Any disputes shall be resolved by the court having jurisdiction over the Manager’s registered office.

§15

In connection with the use of the Car Park, the Manager, acting as the Data Controller, processes Users’ personal data.
The Data Controller’s Privacy Notice concerning the processing of Car Park Users’ personal data constitutes Appendix 3 to these Terms and Conditions.

§16

Any comments or concerns regarding the operation of the Car Park should be reported by telephone on 538 561 881 or in writing to the correspondence address specified in §1 point 1.
These Terms and Conditions, the Tariff and the Data Controller’s Privacy Notice concerning the processing of Car Park Users’ personal data are available before entry to the Car Park and on the website: www.armk.pl.