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.
3.1. 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.
4.1. 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.
5.1. 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.
6.1. 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
7.1. 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
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.
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.
Inside the parking garage vehicles must drastically reduce their speed.
The following are strictly prohibited:
Payment of the penalty as per art. 1 must be made exclusively at the manned payment station.
SUBJECT: Notice in accordance with article 13 of the Legislative Decree of 30 June 2003 no. 196.
The Legislative Decree of 30 June 2003 n. 196 (“Code on matters of the Protection of Personal Data“ ) provides for the protection of persons and other subjects regarding the treatment of personal data.
According to the law indicated, this treatment will be based on principles of propriety, legality and transparency and the protection of your confidentiality and rights.
In order to enable APCOA PARKING ITALIA SPA to be able to fully carry out its activity, information of a personal nature must be provided by you in order for the contractual relationship to be fulfilled.
In accordance with article 13 of the Legislative Decree no. 196/2003, therefore, with regard to the treatment of your data that will be carried out by us, we wish to provide you with the following information:
Ø The treatment of your data may be carried out by means of both digital and manual tools, in compliance with all the precautionary measures required to ensure the safety and confidentiality of the information.
Ø Your data may be known and handled by the Company’s Legal Representative as well as those appropriately designated to the internal treatment, who will in any case be held to professional secrecy and the utmost confidentiality with regard to the data.
Ø Your data will be treated for purposes connected to the management of the ordinary contractual and commercial relations and, precisely, for keeping accountancy data on suppliers, invoicing, the management of the creditor in meeting all the obligations laid down by the current regulations.
Ø Your data may also be treated for any purposes connected to the management of the exercising of the credit rights of the undersigned Company and deriving from the violation of the parking regulations, completing to this end all and only those strictly connected activities. The duration of the treatment is limited to what is strictly necessary for exercising the above rights and, in any case, for a maximum of five years from the exercising of the credit right enjoyed by the company APCOA PARKING ITALIA SPA in compliance with the current tax regulations and, in particular, article 43 of the Presidential Decree 600/1973 and article 57 of the Presidential Decree 633/1972.
Ø Your data will be treated for the entire duration of the contractual relationship and, in any event, until the completion of the procedure as part of which they were acquired, and will be retained for five years (5 years) from the last treatment for purposes connected or instrumental to the activity carried out by the Company and, in particular, for accounting reasons, or for ten years (10 years) out of the necessity for proof and documentation for tax/duties purposes, excluding any possible use for personal reasons and any possible use in conflict with the Client.
Ø Your data may be communicated to third parties, solely for technical and operational requirements strictly connected to the purpose outlined above and, in particular, to the following categories of subjects:
Your data may also, where necessary, be communicated:
- to any external and internal Data Managers
- to the Public Automobile Register (PAR) and A.C.I. (Italian Automobil Club) with registered offices in Rome, Via Magenta 5, to meet all the technical and operating requirements strictly connected to exercising the contractual rights laid down by the Regulations and the General Conditions that regulate the parking of cars and/or motor vehicles in the car parks and/or areas subject to payment with parking meters managed and/or administered by us, in our own account and on behalf of third parties.
- to Poste Italiane Spa, with registered offices in Rome, Viale Europa 190, and to HUB s.r.l., with registered offices in Parma, Emilio Casa 11/G , to meet all the technical and operating requirements strictly connected to exercising the contractual rights laid down by the Regulations and the General Conditions that regulate the parking of cars and/or motor vehicles in the car parks and/or areas subject to payment with parking meters managed and/or administered by us, on our own account and on behalf of third parties.
- your data may be exported, in accordance with the current regulations, to member countries of the European Union, should the transfer be necessary to carry out the obligations arising from the contractual/commercial relations in being.
In the event of the conclusion of several legal transactions, this notice and any granting of consent will be considered valid for subsequent legal transactions.
In accordance with article 13, we make known, moreover, that "any refusal to answer" at the time the information is collected or any refusal of the treatment of the data could lead to the objective impossibility for our company to partially or full comply with the legal and/or contractual obligations connected to the contractual obligations to be established/in being and that therefore the relations could not be validly established and/or continued.
We also inform you that, with regard to the aforementioned treatment, the rights may be exercised under article 7 of the Legislative Decree of 30 June 2003 no. 196, the text of which is given in full below.
In witness where of
APCOA PARKING ITALIA S.P.A.
RIGHTS OF THE PARTY CONCERNED
Article 7 of the Legislative Decree 30.06.2003 no. 196
Right of access to personal data and other rights:
1. The party concerned has the right to obtain confirmation of the existence or otherwise of personal data that concern them, even if not yet registered, and the communication of these data in intelligible form.
2. The party concerned has the right to obtain an indication:
a) of the origin of the personal data;
b) of the purposes and methods of its treatment;
c) of the methods applied in the case of treatment carried out with the assistance of electronic instruments;
d) of the details of the identity of the data controller, managers and designated representatives in accordance with article 5, paragraph 2;
e) of the subjects and categories of subjects to whom the personal data may be communicated or who may become aware in their roles as designated representatives in the territory of the State, of the controllers or employees;
3. The person concerned has the right to obtain:
a) the updating, the correction or, when necessary, the supplementation of the data;
b) the cancellation, transformation into anonymous form or the blockage of the data treated in violation of the law, including those in which conservation is not necessary in regard to the aims for which the data is gathered or subsequently treated;
c) the statement that the operations under letters a) and b) are made known, including with regard to the content, to those to whom the data has been communicated or disseminated, except in the case this fulfilment is impossible or leads to the use of manifestly disproportionate means compared to the right protected.
4. The party concerned has the right to object, wholly or in part:
a) for legitimate reasons to the treatment of personal data concerning them, although relevant to the purpose of the collection;
b) to the treatment of personal data that concern them for the purpose of sending advertising material or direct sales or for carrying out market surveys and marketing communication.