Terms And Conditions

Below you will find:

 

- TERMS AND CONDITIONS OF ONLINE SALE.

- REGULATIONS OF THE CAR PARK.

 

Terms and Conditions of online sale

 

1.) Subject

These general conditions of online sale (hereinafter “General Conditions”) govern the sales of services, as defined below, offered by the APCOA Parking Italia S.p.A. company, with corporate offices in Via Renzo Zanellini 15, Mantua, Postcode 46100, VAT No. 01578450205, Economic and Administrative Index No.167044, Mantua Chamber of Commerce No. 0117650217, Tel. +39 0376 345000 – Fax. +39 0376 345001  (hereinafter “APCOA”), carried out remotely via the Website.

The client (hereinafter the “Client”) is obliged, before sending the purchase order (hereinafter the “Order”), to carefully read these general conditions, given that sending the order implies awareness and acceptance of them.

The client, by accepting these general conditions, also accepts the parking regulations, available on the website and at the entrance to the parking area.

The way to access to a copy of the general conditions will, in any event, be sent by Apcoa to the client by email (hereinafter “Email of Acceptance”), in compliance with what is indicated in the subsequent article 3 of the general conditions.

These general conditions are regulated by the provisions on remote sales contained in Chapter I of section III of part III of the Consumer Code (Legislative Decree no. 206/2005) and the regulations on the matter of electronic commerce laid down by Legislative Decree No. 70/2003.

The general conditions may undergo amendments, which can always be found on the website in the section “Terms and conditions”, without prejudice to the fact that the acquisition by the client, once validated by Apcoa in compliance with the measures defined in these general conditions, will be governed by the general conditions that are in force at the time the contract is concluded.

 

2.) Service

2.1. The service consists in making available the parking areas (hereinafter “Parking Areas”) in the carparks run by Apcoa available on the Website.

2.2. The client acknowledges and accepts that the service will be offered without any protection or surveillance of the parked vehicle and that Apcoa therefore accepts no liability for cases of theft or damage.

2.3. Apcoa will notify the client in the acceptance email of the Q-R code/pin code that will be affixed/put into the appropriate post located at the entrance to the chosen carpark, which will issue the ticket without the need to press the “send" button. In this way, the entrance post will automatically issue a personalised ticket that will indicate the data regarding the acquired service. This ticket must be carefully kept by client for the purpose of being able to leave the carpark by means of inserting the ticket in the appropriate post at the exit.. Should the booking not be recognised, the fault must be notified to the manned cash desk or by means of the appropriate intercom at the entrance/exit post of the carpark. The booking allows access to the carpark even when the "carpark full" sign is displayed.

2.4. The service acquired by the client is not transferable and is only valid for the date, time, price and parking area acquired. The client acknowledges that, should the parking area not be available on the days indicated by the client at the time of acquisition, the carpark provider will have the right to redirect the client to a nearby carpark, with equal or superior features.

2.5. The “web” fees for the parking areas are available on the Website. . The fees are subject to variations. If the times of exit differ from the order times and the actual time of parking in the parking area is longer than the time booked, the client will pay the "standard" charges of parking (and not the "web" charges) for the duration of the parking in excess of that time. This amount must be paid by the client at the appropriate cash desk before leaving the carpark.

2.6. It is important that the client takes into consideration the time necessary to find the parking area inside the carpark, lock the car, reach the pedestrian exits and carry out any other operations that may be necessary.

2.7. Apcoa cannot be held responsible if the client, for reasons not attributable to it, cannot access the carpark.

2.8. Clients furnished with telepass equipment, in order to avoid an additional charge being imposed by the carpark through this payment system, must be careful to conceal the respective equipment  - using the appropriate telepass mask - before approaching the lanes that use the aforementioned payment system. Apcoa will not be responsible for any extra charges made by telepass.

 

3. Conclusion of the Contract

3.1. For the purpose of sending the order, the client must (1) select the dates that are available; (ii) enter any data required for invoicing, if requested (iii) if a consumer client, in accordance with article 5.1, the client must declare that the information under article 49 of Legislative Decree no. 206/2005 (hereinafter the “Consumer Code”) has been received, including that regarding the exercise of the right of withdrawal; (iv) accept these general conditions; (v) confirm that the information briefing has been seen regarding the treatment of personal data (Decree Law 196/03); (vi) accept the carpark regulations. In compliance with the provisions of article 51, paragraph 2, of the Consumer Code, Apcoa guarantees that, at the time the order is sent, the client expressly acknowledges that the order implies the obligation to pay.

3.2. The sending of the Order by the Client constitutes a contractual offer of Service acquisition (without prejudice to the fact that the consumer Client, as indicated in subsequent article 5.1, is able to exercise the right of withdrawal, in accordance with article 52 of the Consumer Code).

3.3. The contract between the client and Apcoa is concluded with the receipt, on the part of the client, of the acceptance email from APCOA of the Client’s Order. APCOA cannot accept the order of the client in the following cases:

- lack of availability of the parking areas selected by the client;

- failed payment (for example, following the charging of the fees on the client’s credit card);

- the client has previously been in default with regard to Apcoa.

Apcoa will send a notification to the client of any failure to accept the order to the email address supplied by the latter during the registration phase.

3.4. With the email accepting the order, Apcoa, in confirming the conclusion of the contract to the client, in addition to providing these General Conditions, will indicate the following information:

- a summary of the main features of the Service acquired;
- the total price of the Service including taxes and duties;
- one or more Q-R/PIN codes depending on the number of tickets acquired.

4. Fees

4.1. The fees due for each service acquired will be specifically indicated in the summary screen in euros, inclusive of all the applicable duties and taxes.

4.2. The client who chooses to acquire the service on the website may have one or more rates available at the time the order is sent. The selection of the fee and the service chosen by the client will involve the acceptance by the latter of the rules of the tariff applied.

4.3. Without prejudice to the provisions of subsequent article 5 on the basis of article 52 of the Consumer Code, the client accepts that the fees cannot be reimbursed. Only with regard to certain categories of fees/services for which reimbursement may be indicated on the website and/or the respective conditions of use of the service will it be possible to obtain reimbursement of the amounts paid, in accordance with the conditions and methods laid down on the website and according to the instructions described in the specific conditions of use of the respective service.

 

5. Right of withdrawal in accordance with article52 of the Consumer Code

5.1. If the client is a consumer, as defined by article 3 of the Consumer Code, they have the rights under article 52 and subsequent of the Consumer Code, as amended by the Legislative Decree of 21/02/2014 No. 21, and may withdraw, without giving reasons and without liability for any charge, within 14 (fourteen) days from the day of receipt of the acceptance email (hereinafter the “Withdrawal Period”).

The right of withdrawal is exercised by sending, before the expiry of the period indicated above, of notification of withdrawal by means of a letter sent to APCOA Parking Italia S.p.A., Via Renzo Zanellini 15, 46100 Mantua.

5.2. It remains understood that the right of withdrawal under the preceding article  5.1, will not apply:

- in the event the service has been fully delivered before the expiry of the withdrawal period, it remaining understood that the execution was initiated with the agreement of the client.

- in the event the withdrawal notification, even though sent within the withdrawal period, was sent on a date and time subsequent to the date and time laid down for the start of the supply of the service (for example, the date and time of entry into the carpark).

5.3. Following the proper exercise of the right of withdrawal, as outlined in article 52 and subsequent of the Consumer Code, the client will be reimbursed for the sums paid in favour of Apcoa, without undue delay and, in any case, no later than 14 (fourteen) days from the day on which Apcoa is informed of the decision of the client to withdraw. This reimbursement will be made using the same means of payment that was used by the client for the initial transaction, unless the client has expressly agreed otherwise with Apcoa. In any case, the client will not have to sustain any costs as a result of the reimbursement.

5.4. In the event the client should acquire several services, the withdrawal will become effective with regard to the services that the client specifically indicates in the withdrawal notification. It remains understood that the client who acquires a services package can exercise their right to withdrawal only with reference to the services package and not regarding the individual services that make up the package.

 

6. Notifications and complaints

6.1. For any requirement or complaint concerning the acquisition of the service on the website, the client can contact Apcoa at the following email address: info@apcoa.it

 

7. Applicable law and Competent Court

7.1. If the client is a consumer, as defined by article 3 of the Consumer Code, the territorial jurisdiction for any disputes that may arise with regard to the interpretation of these general conditions will lie with the court in the place in which the consumer resides or has elective domicile, if located within the Italian state. In all other cases, the Court of Mantua will have exclusive jurisdiction.

7.2. These General Conditions of Sale are governed by Italian law.

7.3. For anything not expressly laid down in this contract, reference will be made to the regulations laid down by the Civil Code book IV, chapter II.

 

PARKING REGULATIONS

GENERAL CONTRACT CONDITIONS AS PER ART. 1341 CIV.COD.

FOR OFFERS TO THE PUBLIC AS PER ART. 1336 CIV.COD. FOR

PARKING SERVICE

 

1. Each parking bay must be used exclusively for parking only one motor vehicle; by collecting the ticket for parking by the hour, a contract is entered into for the use of parking areas inside the APCOA structure.

When parking your car keep within the lines painted on the floor.  If a vehicle is parked in an incorrect position which creates an obstacle to the internal circulation of the parking area, or is simply parked outside the lines of the parking bay or takes over 2 spaces, a penalty will be applied which is equal to double the parking fee with a minimum of € 10,00.

 

This contract does NOT cover the storage and safekeeping of the vehicle or any objects contained therein.  The company is not liable for damages caused by third parties.   Any damages caused by APCOA or appointed staff will be considered only on condition that the damage and any claims are stated before leaving the parking garage exhibiting the parking coupon or receipt of payment.

2. For short-term parking: in the case of the non-acceptance of conditions stated in these “Regulations” you will be allowed to leave the parking garage without charge, a long as this done without delay.

Should the ticket be lost, a cost amounting to two days’ parking will be charged calculated on the basis of tariffs currently in force in the parking garage. Nonetheless APCOA staff have the right to verify the possibility of a parking period in excess of the two days charged.  Should this be the case a higher fee will be charged.

3. The rules governing road traffic must be complied with inside the parking garage. Clients must keep to all the road signs found inside the garage as well as all the relative rules and regulations.

Inside the parking garage vehicles must drastically reduce their speed.

The following are strictly prohibited:

1. Smoking or lighting fires or open lights.
2. Exchanging or storage of any sort of object especially if inflammable.
3. Carry out re-fuelling operations, repairs, oil changes, car wash, battery, accumulator recharges, etc. and generally  undertake any vehicle maintenance operation.
4. Stopping for long periods of time with the engine running, warming up the engine, and sounding the hooter.
5. Parking vehicles with leaks in the tanks or other defects that can damage the parking garage.
6. Parking vehicles without regulation number plate or authorised replacement registration plate without APCOA authorisation.
7. To enter and park vehicles fuelled by liquefied petroleum gas (L.P.G.), with the exception of vehicles equipped with safety systems that comply     with the Regulation ECE/ONU 67/01, which are allowed to park on the above ground floor and the first underground floor of the car park;
8. Parking vehicles in transit areas and in front of emergency exits.
9. Entering and exiting from the parking garage with vehicles exceeding the maximum height requirements stated at the entrances.

 

4. The parking garage is open 24 hours a day.
5. Tariffs are stated at the entrances and at the Cashier cubicle/machine.
6. The payment of tariffs must be undertaken at the manned cashier or automatic machine before reaching your vehicle. There is a set amount of time allowed from payment to exit from the parking garage, please bear this in mind.

Payment of the penalty as per art. 1 must be made exclusively at the manned payment station.

7. The user who enters the parking area by means of the automatic parking payment system with Telepass, must carefully read the rules and regulations for the use of Telepass to pay for parking, available on the Telepass website. In regard thereto, the user will acknowledge that APCOA will not be a party to the contractual relationship between the user, holder of the Telepass subscription, and Telepass S.p.a. for the payment of services offered to the same user.
8. The client must please insert the hand brake when parking the vehicle, close and lock all doors and boot before leaving the garage.
9. The parking area and relative equipment must be used carefully and correctly, any damages caused by clients following improper use will be charged to the client.
10. The client must comply with any instructions from APCOA staff or authorised personnel, in order to allow the speedy execution of any parking requirement. Nonetheless any instruction or request from the aforementioned staff must be complied with.
11. Any consequences resulting from the loss of the parking subscription card by the client are the sole responsibility of the client.
12. Any violation of regulations or standards by the Authorities, or parking regulations and instructions from APCOA staff will result in the immediate cancellation of the subscription, or in the case of short-term use, any future use of the parking garage.
13. Any complaints and/or requests for compensation must be voiced to APCOA staff before leaving the parking garage with the vehicle furthermore an urgent statement must be made to the competent police authorities. Failure to do so will imply the forfeiture of any claim.
14. Non-liability: for the purpose of this contract, which deals solely with the offer of parking services and not the storage or safekeeping of the vehicle, due to the number of vehicles parked and the speed of entry and exit from the garage, as well as the fact that it would not be possible for staff to intervene in the behaviour of third parties, the company is under no obligation to supervise and safeguard the vehicle. The company is not liable for damages caused by third parties, thefts, removals or violations; any damage that is proved to have been caused by APCOA or its staff will only be considered if reported together with the exhibition of the ticket or card before leaving the parking garage.
15. In addition to the previous point, it is hereby stated and highlighted that the legal system with which the public is offered a parking service by Apcoa Parking Italia S.p.A. – and which only makes provision for the availability of the said parking services – is NOT that of storage as per D.P.R. 480 of 19 December 2001, where it is NOT required to record make, model, colour, registration plate and vehicle entry and exit times, but concerns the simple offer of NON SUPERVISED PARKING.
16. Therefore any person wishing to park his/her vehicle for purposes of supervised storage must inform Apcoa staff directly and he/she must also inform the staff of his/her personal data as well as those of the person who will collect the vehicle, and the vehicle data (model, colour, registration plate, registered proprietor).
17. Pedestrians are absolutely prohibited from walking up or down the access ramps to the various levels.