general terms and conditions_f_6_2015

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GENERAL TERMS AND CONDITIONS
GO parking s.r.o.
1. GENERAL PROVISIONS
1.1 The terms contained in these General Terms and Conditions (the "Terms") beginning
with capital letters have the meaning defined in these Terms and Conditions, unless stated
otherwise.
1.2 GO parking s.r.o, ID 28980158, TAX ID: CZ28980158, with registered office at
Prague 8, Sokolovská 394/17, 186 00 (hereinafter the "Operator") operates a GO PARKING
service, which is to offer the parking of motor vehicles in the parking lot located in the
outskirts of Tuchoměřice, approximately 2 km from the departure hall of Terminal North of
Vaclav Havel Airport in Prague (hereinafter "Parking") with non-stop transport service of
customers and their luggage from the parking to the departure hall of Václav Havel Airport in
Prague and back (hereinafter "Parking Services"). The parking is guarded.
1.3 Contracts between the Operator and the users of parking services (hereinafter referred
to as "Customers" and individually as the "Customer"), which are closed through the website
of the Operator (www.goparking.cz) are concluded exclusively under these GTC (hereinafter
the "Contract"), which form an integral part of the Contract. The Operator does not
acknowledge any conditions of the customer that contradict or differ from the GTC, unless it
is explicitly recognized in writing before entering into a contract with the Customer. Such
conditions are only applicable for the unique contract for which they were negotiated. The
arrangements set out in the Operational Rules of GO Parking services, as issued and
published on the Operator’ s website, form an integral part of the Contract. By entering into
the Contract, the Customer is deemed to be familiar with the GO Parking Operational Rules
and agrees with the conditions and arrangements specified therein.
1.4 "Parking voucher" - is a unique document, sent to the Customer by the Operator via email as an order confirmation; it contains a unique barcode, authorizing the customer to a
single entrance and exit from the parking lot. Parking voucher shall be used by the Customer
to show the entitlement to the parking services provided by the Operator. Customer is
obliged to print the parking voucher with a barcode on a clean non-colored sheet of A4 paper
and avoid its wrinkling or damage. Parking voucher contains the following information:
1.4.1 "Parking period" – is the number of days of reserved parking. A day has been defined
as 24 consecutive hours.
1.4.2 "The validity of the parking voucher" - defines the period during which it is possible to
use the parking service. This period starts one day prior to the beginning of the parking
period. The validity expires the last day of the parking period. If the Customer does not
enter the parking lot within one day after the date of arrival indicated on the parking
voucher, the validity of such voucher expires.
1.5 "Parking voucher payable on site" - is substantively identical to the Parking voucher
document, except that it does not confirm the Customer's order and does not show the
Customer’s entitlement to the parking service provided by the Operator. The Provision of
Parking services for Customers with in case of using the parking check with payment in cash
on the spot, the terms of Article 8. VOP.
1.6 "Premium Offer" - represents a bid, submitted by the Operator to the Customer, the
object of which is a vehicle parking in the covered parking house within the walking distance
of the departures hall of the Terminal North of Václav Havel Airport in Prague, under the
conditions of such a parking house. By entering such a parking house, the customer is
deemed to have received the Premium Offer, and thereby the original Contract is
terminated. Acceptance of the Premium Offer by a Customer arises an obligation for the Operator
to pay the parking fee as set out by the parking house Operator for the period of time
specified in the original Contract for Go parking service. The payment of the parking fee
replaces in full the Operator’s obligation to return to the Customer the amount paid for
parking services due to the cancellation of the Contract.
2. ESTABLISHMENT OF A CONTRACTUAL RELATION
2.1 A Customer orders the parking service through the website of the Operator at
www.goparking.cz. A Customer fills out an on-line order form and submits this form together
with the identification data to the Operator for processing. The Customer selects the
required arrival and departure date, which represent the parking period in days. The earliest
possible arrival date is the date when the on-line form is submitted to the Operator. The
Parking period must be exploited by the Customer integrally after the entrance to the
parking lot. The parking period can be exploited by the Customer anytime throughout the
validity period of the parking voucher.
2.2 When filling in the order form, the Customer is obliged to enter an e-mail address with
secured technical functionality valid from the time of submission of the order until the
completion of the contracted performance. In particular, the Customer has the obligation to
ensure a correctly set spam-filter so that the Operator’s emails can be delivered reliably. If a
Customer selects a postal delivery in cash as the preferred payment method, then the
Customer is obliged to enter a full address for the cash on delivery service.
2.3 Messages sent from the Operator via e-mail under Section 2.2 shall apply as delivered
from the moment of their departure. The Operator shall only be responsible for the
transmission errors that have originated on his part. The Customer is obliged to submit a
proof of undelivered messages if the error is not caused by his part.
2.4 An application for the parking service payment forms an integral part of the order form.
The price for parking service is calculated based on the data entered by the Customer into
the order form in accordance with Article 2.1 (hereinafter the "Price"). If the Customer claims
a discount in the form of a Promocode at the end of the order form, the Price will be
calculated in accordance with the valid Operator’s Promo code price list. Customers perform
the payment by credit card through a payment portal operated by Česká spořitelna, a.s. or
by bank transfer to the specified bank account (account number 233380112/0300) with the
appropriate variable symbol given in the order form, or by cash on delivery service.
2.5 Customers that have chosen the method of payment by credit card through a payment
portal operated by Česká spořitelna, a.s. shall receive the confirmation of their order
immediately after the Operator receives a validation from the certified operator of the
financial services that the price is paid in full. Customers that have chosen payment by bank
transfer shall receive the order confirmation immediately after the payment of the price in
full is credited to the account of the Operator. The confirmation e-mail shall be sent to the
e-mail address that the Customer indicated in the order form. The Parking voucher shall be
sent electronically along with the confirmation of the order.
2.6 For customers who chose the method of payment of postal delivery, the order is
deemed confirmed upon the payment of the price in cash on delivery (COD). The customer
is obliged to pay in addition the price of the postal COD services. Customer receives the
shipment with the Parking voucher right after the payment.
2.7 By submitting an order, a Customer presents an offer to Contract. If the credit card
payment or the bank transfer were selected as the payment method, a Contract legally
binding for the Operator and the Customer is concluded in the moment when a Customer
receives an e-mail confirmation of his order by the Operator. If the COD postal service is
selected as the method of payment, a legally binding Contract for the Operator and the
Customer is concluded upon the payment of cash on delivery. On the basis of such a
Contract, the Customer is entitled to the parking space use, unless the Customer accepts the
Premium Offer and the ordered parking service will be replaced by parking under the
Premium Offer conditions. The Contract can be only concluded in the Czech language.
2.8 If a Customer realizes that the personal identification information was filled incorrectly
in the order form, it is necessary to notify the Operator immediately via e-mail. The notice
shall specify which data are filled in incorrectly, and provide their correct wording.
2.9 If a Customer realizes that the information on the arrival and departure date was filled
in the order form incorrectly after its submission, there is a possibility to inform the
Operator respectively via e-mail. The Operator is not able to change the incorrect booking if
the request for change is received less than 24 hours before the parking period start.
2.10 The Operator has an obligation to assign a parking place to a Customer who is
identified by a valid parking voucher, unless the Customer accepts the Premium Offer and
the ordered parking service will be replaced by parking under the Premium Offer conditions.
2.11 The Parking voucher is transferable. The person who has not concluded the Contract,
however, the parking voucher was passed to his possession, has the same rights and
obligations as the Customer.
3. INFORMATION ON THE DATA COLLECTED FROM THE CUSTOMERS
1.3 Personal information (name, surname or company name, address, e-mail address and
telephone number of the Customer, hereinafter jointly referred to as "Data"), received by
the Operator in accordance with Article 2.1 hereof for the purpose of ordering of parking
services, will be exclusively used for the fulfilment and realization of the Contract between
the Operator and the Customer. The Operator is entitled to use the data to inform the
Customers about new products and other novelties in its offer unless the Customer does not
reject such forwarding.
2.3 By providing the personal information that the Customer sends in the completed form
along with the order of parking services, grants voluntarily his Consent to processing and
storing of the personal data by the Operator in accordance with Act no. 101/2000 Coll., on
protection of personal data and amending certain laws, as amended.
3.3 If the customer finds that his personal data are being processed in conflict with the
protection of his private life or in conflict with the provisions of the act on the protection of
personal data, especially if the data are inaccurate for the purpose of processing, the
Customer is entitled to demand an explanation from the Operator and removal of such
status. The data may be particularly blocked, modified, amended or deleted. If the
customer’s request is legitimate, the Operator shall remediate the situation immediately. If
the Operator doesn´t remediate the situation, the Customer is then entitled to contact the
Office for Personal Data Protection. Regardless of the above procedure, the Customer is
entitled to contact the Office for Personal Data Protection directly.
4. ORDER CANCELLATION
4.1 Customer is entitled to cancel his order no later than one day prior the parking voucher
validity start date. Customer shall be then refunded the total amount paid after deduction
of an administrative fee of CZK 500 that is to cover the expenses related to the processing
and cancellation of an order and the payment transactions. In the event that the amount
paid is less than CZK 500, the administrative fee shall then equal the amount of the price
paid for parking.
2.4 The cancellation request shall be sent electronically to the e-mail address available at
the Operator’s website www.goparking.cz, along with the order number assigned in the
order confirmation pursuant to Article 2.5 hereof. The Customer is obliged to indicate the
account number to which the refunded amount after deduction pursuant to Article 4.1
hereof is to be transferred.
4.3 Request for cancellation of order received by the Operator later than one day before
the parking voucher validity date start shall be dismissed. In such a case, the amount paid
for parking belongs in full to the Operator.
5. THE PARKING VOUCHER USE
5.1 Customer shall demonstrate a valid parking voucher with the printed barcode at the
entrance to the parking lot. Customer shall be granted an access to the parking lot based on
the bar code verification by either the scan reader or an employee authorized by the
Operator. In case of reasonable doubts about the validity of the authenticity of the parking
voucher, such a Customer will not be allowed to enter the parking lot.
5.2 Customer shall also demonstrate a valid parking voucher when leaving the parking lot.
After its validity verification by an automatic bar code reader or the authorized staff, the
Customer will be allowed to exit from the parking lot.
5.3 In the event that the Customer exceeds the parking period specified in the order of the
parking services, which corresponds to the parking fee paid, fare paid, or other chargeable
services are used, such Customer shall pay the outstanding amount in cash on site.
5.4 Once the Customer who received a parking voucher pursuant to Article 2.5 hereof
leaves the parking lot with the parked motor vehicle before the agreed parking period
expires, the automatic checkout system clears out the billing process and the parking
voucher turns invalid. In this case, the Customer shall not be allowed to return to the
parking lot based on the existing parking voucher regardless the parking period agreed in the
order.
5.5 Under the conditions set out in Section 5.4 hereof, the Customer is not entitled to claim
any reimbursement of unused parking services.
5.6 In case of loss, theft or damage of the Parking Voucher, the Operator shall charge the
Customer with an additional flat fee of CZK 100 beyond the price of parking, to compensate
the verifying of the Customer's identity and the extent of ordered and paid parking services.
Customer is obliged to report any loss, theft or damage of the parking voucher immediately
to the Operator.
6. Complaints
6.1 All complaints related to the provision and booking of parking services, the ordering
system functionality, payment process or the Parking Voucher distribution shall be submitted
in writing to the Operator with documents that prove the claim. The Customer shall specify
in the letter all relevant information forming the base of the claim, especially data entered
pursuant to Section 2.1 hereof, the time of the reported issue resulting in the complaint, and
what exactly the Customer understands to be the Operator’s error.
6.2 Upon receipt of the complaint, Operator identifies the cause of the complaint and gives
his expert opinion within the statutory deadline.
7. Other Provisions
7.1 Operator reserves the right to refuse a parking service order and payment if there are
no parking vacancies available for the desired dates.
7.2 Customer is entitled to demand a reimbursement of the price paid in case that no
parking space is available within 30 minutes after the beginning of the reserved parking
period due to a failure of the electronic system or other technical problems of the Operator
or due to a situation arising from exceptional circumstances in the parking. Customer has
then the right to create a new order with identical parking period. An identical claim arises
from a situation where Customer would not be given a parking place within 30 minutes from
the beginning of the reserved parking period due to an administrative error on the part of
the Operator. The refund of the amount paid shall be claimed immediately after the
Operator fails to allocate a parking space to the Customer within the above specified time
limit and the price paid will be refunded in cash in full. A request to new order of parking
services can be submitted to the Operator via e-mail within 30 days from the failure to
allocate the reserved parking space. Customer is kindly requested to specify the personal data,
original order number, the selected parking and parking period start date of a new order.
7.3 The Operator is entitled for operational reasons (limited parking capacity etc.) alter the
parking lot location for another, which also fulfils the commitment to the Customer to
ensure the parking of his motor vehicle, the Customer shall be obliged to respect the
regulations of such allocated parking lot.
7.4 The Operator is not liable for any damage to a motor vehicle, which occurs for reasons
which do not originate in the Operator’s activities (eg. lightning, hailstone and other natural
disasters, or spontaneous combustion of a motor vehicle).
8. CONTRACTUAL RELATION APPLICABLE TO THE USE OF PARKING VOUCHER
PAYBLE ON SITE
8.1 Unlike the standard parking voucher procedure, the order is only confirmed to the
Customer at the moment of entrance to the parking lot when the automatic checkout
system reads the code on Parking voucher payable on site and the Customer is allowed to
enter the parking lot. At this moment a Contract is concluded with legal liability for the
Operator and the Customer subject to free capacity in the parking lot. I case there is no free
parking capacity available, the Customer is required to leave the parking lot within 30 minutes
after the entrance. If this limit is exceeded, the Customer is required to pay for one-day
parking.
8.2 The price of parking services is payable upon the exit from the parking lot, where an
automatic checkout system reads the barcode information from the Parking voucher
payable on site and defines the total amount to be paid in cash.
8.3 The provisions of Sections 2.4, 2.5, 2.6, 2.7, 2.10 from Article 2, Article 4 and Section 7.2
From Article 7 hereof shall not be applicable in case of use of Parking voucher payable on
site. Other provisions regulating the parking services shall apply according to their nature in
their entirety, or, alternatively, as appropriate.
9. Final Provisions
9.1 The General Terms and Conditions as amended are published at the Operator’s website
www.goparking.cz.
9.2 The General Terms and Conditions are effective from April 30, 2015 and the Operator
reserves the right to change this document without a prior notice. The change comes into
effect by its publication at the Operator’s website www.goparking.cz.
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