Terms of service - APCOA Parking

APCOA FLOW Application Terms and Conditions

§ I - Introduction

1. Pursuant to the requirements of the Act of 18 July 2002 on provision of electronic services (i.e. Journal of Laws of 2019, item 123, 730), APCOA Polska Sp. z o.o. (previous name APCOA Parking Polska Sp. z o.o.) with its registered office in Warsaw creates these Regulations.

2. The entity providing the services described in the Regulations is APCOA Polska z o.o. with its registered office at Rondo ONZ 1, 00-124 Warsaw, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000129400, NIP: 5260307689, REGON: 012110239 share capital amount: 3.000.000,000,00 PLN, hereinafter referred to as APCOA, hereinafter referred to as APCOA.

3. On the basis of these Regulations APCOA Poland provides Services to the User within APCOA FLOW Application.

4. These Terms and Conditions apply to all car parks operated by APCOA, if there is a possibility to pay for a Parking Space using the Application. In such case the provisions of these Regulations shall apply accordingly to the charges described in the Car Park Regulations.

5. In the case referred to in par. 4 above the provisions of point 4 of the Car Park Fee Regulations do not apply to the User, in particular the provisions concerning the form of payment and the method of making the confirmation of the Fee payment.

§ II - Definitions

Application - APCOA FLOW Application enabling the User to use the Services, installed by the User in the User's mobile phone (smartphone) or other compatible electronic device, through which the User gains access to the Services.

Parking Space - a space in a Parking area operated by APCOA, provided with the Application service, to which the parking session is related, executed and paid for by the User through the Application in accordance with the rules specified in these Terms and Conditions, for which a contract for the lease of a parking space is concluded in accordance with the Terms and Conditions of the Parking area to which the parking session is related.

Operator's Infrastructure - devices and software owned by APCOA or the owner of the Parking area, used, among others, for automatic reading of vehicle license plates at the entrance to and exit from the parking lot and transferring the above data to the APCOA infrastructure operating within the Application; such data may also be transferred to Partners with whom APCOA cooperates in connection with the Service; the Operator's Infrastructure enables the User, based on the data provided to the Operator in connection with the use of Services by the User, a cashless parking.

Card - User's payment card serviced by APCOA within the scope of payment methods available in the Application with respect to access channels administered or owned by APCOA.

Parking area - paid areas indicated in APCOA FLOW, where Parking Space is available, where the agreement on lease of a Parking Space can be concluded in exchange for payment of the fee in accordance with the Parking Regulations.

Operator - the entity managing the Operator's Infrastructure, it can be APCOA or an entity acting on its behalf and on its behalf;

Fee - fee due to APCOA from the User for concluding a lease agreement of a Parking Space paid by the User to APCOA via payment methods available in the Application, the amount or method of determining the amount of which is specified in these Regulations and the price list of a given Parking Space available in the Application. In the case of payment for Parking by means of the Application, a Transaction Fee may be added.

Transaction Fee - an additional fee resulting from the costs of processing payments and parking transactions by the Operator's Infrastructure, which APCOA may charge and add to the Fee for selected or all parking lots. If the Transactional Fees are collected at a given car park, the information in this respect is included in the description of this car park in the Application, in the section presenting the price list.

Partner - an entity cooperating with APCOA in order to provide Services, it may also be the owner or the entity managing the Parking Space.

Vehicle - a vehicle defined in the Application by providing its full registration number. PLEASE NOTE that you must be the person registered as the keeper of vehicle being entered or are authorised by them to use and register that vehicle.

Parking - an agreement to lease a Parking Space under the Service and using the Operator's Infrastructure, for the conclusion of which the User makes a Payment via the Application; Parking takes place without collecting a ticket at the entrance to the Parking and paying for the Parking Space in the parking system devices installed at the Parking in order to collect Fees with the issue of a paper ticket.

Regulations - these APCOA Regulations defining rights and obligations of the User and APCOA in relation to the provision of Services.

APCOA - APCOA Polska Sp. z o.o. with the seat in Warsaw, Rondo ONZ 1, postal code 00-124.

Device - User's device meeting the minimum technical requirements described in the Regulations (in particular telephone, other mobile device) on which the Application is installed.

User Account - an individual account created by the User in the Application allowing Parking with the use of the Application and the use of Services, created after the acceptance of these Terms and Conditions, enabling the User to use the Services in accordance with the terms and conditions specified in these Terms and Conditions.

Services - provided to the User by APCOA through the Application.

User - a natural person, legal entity or organisational unit without legal personality, having having full legal capacity, using the Services through the Application.

§ III - Technical requirements

1. The User may use the Services after fulfilling the following minimum technical requirements necessary to cooperate with the Application:

a) device with access to the Internet (in the case of a mobile device - together with the iOS or Android operating system installed on that device);

b) access to an active email account if Services are used within the Application;

c) to have an active telephone number for your mobile network operator;

d) having an active Card or other payment instrument within the payment methods operated by the APCOA.

2. In the event that the User uses Services through access channels other than the Application, the minimum technical requirements may be set forth in separate regulations for a given access channel.

3. The User shall pay fees related to Internet access and data transmission according to the tariff of his or her operator.

4. The proper functioning of the Application and the use of all its functionalities requires the provision of a location service on the Device.

§ IV - General Principles of Service Provision

1. The services provided by APCOA under these Regulations require the creation of User Account and then enable the use of, among others, the following functionalities:

a) providing registration numbers of one or more Vehicles;

b) APCOA provides Partners with data on the Vehicle to which the Parking applies, which, with the cooperation of the Operator's Infrastructure, enables the User to perform non-cash Parking;

c) payment of Fees.

2. The User creates a User Account in the Application, providing the data required by APCOA and acting in accordance with the messages provided by APCOA via the Application. Creating a User Account is possible in the Application and requires that the User meets the requirements specified in the Regulations when creating an account in the Application.

3. In order to open a User Account, the User shall be obliged to:

a) install the Application on the Device;

b) accept the Rules and the Privacy Policy;

c) registration of the Vehicle in the Application;

d) provide in the Application personal data necessary to set up the User's account;

e) consent to immediate commencement of the provision of Services by APCOA at the moment when the Vehicle enters the Parking indicated in the Regulations using the Service available in the Application; the User's consent covers the commencement of the provision of Services before the deadline for withdrawal from the lease agreement of a Parking Space (Parking), which is equivalent to the User's obligation to pay the Parking Fee completed until the moment of withdrawal from the Parking.

4. The Vehicle shall be registered by recording in the Application the registration numbers of the vehicle or vehicles that will be parked in the Application.

§ V - Parking and Parking Fees

1. The Application enables the User to Park on Parking areas marked with a green icon in the Application.

2. In order to perform Parking, the User is obliged to:

a) selection of a Parking area in the Application;

d) specify the time of Parking in the Application;

c) confirm the above data by clicking the Start button;

d) accept charging in advance for the Parking chosen by him.

3. The implementation of Parking means that the User accepts the regulations of a given Parking area.

4. If the User uses a payment method in the Application in the form of a Card, the User shall be obliged to:

a) provide Card data (Card number and CV/CVV code) and make a reimbursable Card verification fee (verification transaction for PLN 0) in accordance with the instructions provided by APCOA;

b) registration of the Card number in the Application;

c) consent to cyclical collection of Charges from the Card for Parking with the participation of the User by APCOA;

5. By using the Application, the User agrees that APCOA may collect funds from the Card for Payments for completed Parking. The consent is granted for the duration of the User's Account in the Application.

6. APCOA shall inform the User about successful registration of the Vehicle and assignment of an available payment source via an appropriate message in the Application. APCOA shall send the Vehicle data to the Operator in order to enable the User to perform Parking with the use of the Operator's Infrastructure.

7. Detailed conditions for the execution of the Parking Fee if the User uses the Application via the User's electronic banking are specified in the Regulations accepted by the User.

8. The User acquires the obligation to pay the Parking Fee at the moment when the Vehicle enters the Parking for the purpose of Parking. The User may use the Application for this purpose provided that:

a) The Application works properly;

b) The Service has not been blocked by APCOA;

c) the operation of the Service is not restricted by force majeure.

9th The User undertakes to pay to APCOA, before the completed Parking, the fee resulting from the price list applicable in the Parking area and reflected in the Application in the Parking area.

10. The service provided by APCOA within the Application shall be deemed performed in its entirety at the end of the Parking. Upon leaving the Parking Space, the lease agreement of the Parking Space (Parking) expires.

11. The Application enables the following methods of payment of the Parking Space Fee by the User:

a) charging the Card or other available payment method Fee at the time of defining the time of Parking a Vehicle in the Parking area (the basic method of paying the fee based on the User's consent referred to in the Regulations; the Card will be charged with the amount of Fees with the User's participation before the commencement of Parking); if the time of parking is extended, the Card or other available payment method will be charged again, depending on the time of extending the Parking period. The User shall be notified of the Card being charged in the form of a message displayed by the Application. By agreeing to charge the card by accepting the message, the User shall pay the Parking Fee.

In the event that it has not been possible to charge the Card (e.g. the Card has expired or there are no accumulated funds on the Card in the amount corresponding at least to the amount of the Fee due), the User will be notified of the above message in the Application and thus the Parking extension will not be executed or paid;

b) payment of the Fee by the User using payment methods other than the Card made available in the Application;

c) in the event of early termination of the Parking, the amount already charged for the Parking is not refundable;

d) The Transaction Fee shall apply to each commenced or extended parking session separately.

13. Pursuant to item 40 of the Annex to the Regulation of the Minister of Finance of 28 December 2018, the Transaction Fee applies to each commenced or extended parking session separately. In case of exemptions from the obligation to keep records using cash registers, APCOA does not issue receipts. The proof of payment of the fee is a statement from the bank account or card account used to pay for Parking with the use of the Application. A confirmation for each completed parking session will be issued and sent to the User's e-mail address provided during the registration process.

14. At the User's request, a VAT invoice may be issued to the User. The User requests APCOA to issue a VAT invoice in the manner specified in § XI section 2 of the Regulations.

§ VI - Blocking of Services

1. APCOA reserves the right to block all or part of the Services provided within the Application in the following cases:

a) failure of the User to pay the due Fees in accordance with the Regulations;

b) inability to charge the Card registered in the Application;

c) the expiry date of the Card or its blocking;

d) breach by the User of the provisions of the parking regulations

e) failure to accept updates or amendments to the Regulations.

2. In the case indicated in section 1 letter a) above, the blockade lasts until the Fee is paid. In the cases referred to in sub-paragraph 1(b) to (c) above, the blockade shall last until the Card is registered in the Application in accordance with the provisions of these Terms and Conditions and the Fees are collected. In the case indicated in clause 1 letter d) the blockade lasts until the matter is clarified by APCOA.

§ VII- Personal data

1. The Administrator of Users' personal data is APCOA.

2. Legal basis, purpose, period of personal data processing and rights of the User as well as other important information concerning the principles of personal data processing are specified in detail in the APCOA FLOW Privacy Policy, taking into account the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("the Regulation").

3. In case of questions concerning data processing or in order to exercise the User's rights under the Regulation, it is possible to contact the personal data protection inspector at daneosobowe@apcoa.pl or in writing at the address of APCOA: APCOA Polska APCOA z o.o. with the seat at Rondo ONZ 1, 00-124 Warsaw, note: personal data protection.

4. APCOA may use the information entered by the User into the Application, including personal data, in order to collect APCOA's receivables from the User in accordance with the provisions of the Regulations or Regulations of a given Car Park.

§ VIII - Complaints and dispute resolution

1. In case of improper operation of the Services, the User has the right to lodge a complaint to APCOA. The User submits a complaint:

a) in writing - in person in APCOA or through a postal operator, courier or messenger to the address of APCOA: APCOA Polska Sp. z o.o. with its registered office in Warsaw, Rondo ONZ 1, 00 - 124, (b) by electronic means, by e-mail address: flow@apcoa.pl.

2. The complaint should contain a concise description of the reported reservations, Vehicle registration number, Parking area address, date and time of the event and indication of the User's data together with his correspondence address (e.g. address of residence) or when the User submitted an application for receiving a response to the complaint by e-mail - then - in addition to the data indicated above - the User indicates the e-mail address for receiving a response to the complaint.

3. At the request of the User, APCOA confirms to the User the receipt of the complaint by e-mail or in writing.

4. APCOA considers the complaint as soon as possible, however, not later than within 30 days from the day of its receipt.

5. If the complaint needs to be completed, APCOA asks the User to complete it.

6. The response to the complaint is given in paper form to the correspondence address of the User, unless the User has lodged a complaint via e-mail, in which case the response to the complaint is delivered to the e-mail address provided by the User.

7. The User should bear in mind that the submission of a complaint immediately after the User receives objections may facilitate and accelerate the reliable consideration of the complaint by APCOA.

8. Complaint procedure does not exclude the rights of the User under the law.

9. The User has the right to file a claim against APCOA in the common court. The court competent to settle the User's claims against APCOA resulting from these Regulations is the court competent according to the provisions of the Code of Civil Procedure (as a rule the court competent for the address of APCOA's registered office).

10. The User who is a consumer is also entitled to use out-of-court ways of pursuing claims, in particular the Permanent Consumer Arbitration Courts at the Provincial Inspectorates of Trade Inspectorates.

11. A User who is a consumer is also entitled to turn to the locally competent County (Municipal) Consumer Ombudsman for assistance.

§ IX - Reservations

1. You may not use the App or Services to violate or circumvent the law or fair trade rules.

2. You agree to use the App and Services in a manner consistent with the law and the principles of social conduct, solely for the purpose of using the App and Services for their intended purpose as described in the Terms. When using the Application, the User is prohibited from introducing false content, in particular content that violates any rights of third parties or is contrary to good morals, which the User is not entitled to introduce.

3. While holding a User Account in the Application, the User shall have the right to demand that the provisions of the Rules of Procedure be made available to the User on a durable medium, including by e-mail or in paper form, at any time. The Terms and Conditions may also be downloaded, stored and stored by the User in the memory of his or her device.

4. APCOA reserves the right to periodically carry out modernization and maintenance works and to update the systems enabling the performance of Services covered by these Terms and Conditions, which may cause limitations in the use of Services.

§ X - Communication

1. The language in which APCOA communicates with the User is Polish.

2. Unless the provisions of these Regulations provide otherwise, the User may communicate with the Company:

a. The User may communicate with the Company by e-mail, by e-mail: flow@apcoa.pl

b. in writing, at the address: APCOA Polska APCOA z o.o. with its registered office at Rondo ONZ 1, 00-124 Warsaw.

3. APCOA communicates with the User electronically, by phone or in writing, however, if the provisions of the Regulations or legal regulations do not provide otherwise, the basic form of communication with the User are e-mail messages or messages transmitted via the Application.

§ XII- Amendments to the Regulations

1. APCOA, if there are important reasons for it, has the right to make changes in the provisions of the Regulations in the mode specified in this paragraph.

2. The important reasons for the change of the Regulations by APCOA are considered to be important:

a. Adaptation to legal regulations affecting the provision of Services;

b. change or appearance of new taxes or fees of public and legal nature related to the provision of Services;

c. recommendations, recommendations or other types of conclusions and instructions from public administration bodies;

d. improving the safety of the Services provided;

e. improving the functionality of Services;

f. extending the catalogue of Services provided;

g. increasing the competitiveness of Services on the market;

h. changes in the costs of services provided by external suppliers, costs of maintenance and operation of infrastructure in the scope used for the provision of Services;

i. termination of the Company's cooperation with the Operator or another entity with whom APCOA provides the Service;

j. termination or change of the rules or manner of providing Services by APCOA.

3. The Parties agree that the change of the Regulations resulting in the addition of new functionalities of the Application shall take place exclusively for the benefit of the User. The User shall be informed about the above amendments to the Regulations in the manner adopted for communication between the Parties, in particular through publication of new Regulations with the necessity to accept them by the User. Failure to accept the current Application Rules may result in the blocking of the User's Account until the Rules are accepted.

§ XII- Final provisions

The law applicable to the rights and obligations of the Parties described in the Regulations and Parking is Polish law.