1. A contract (hereinafter “Parking Contract” is concluded between EUROPARK ESTONIA (hereinafter “EP”) and the vehicle user (hereinafter “Vehicle User”) on the following terms. By submitting the Parking Contract Terms, EP expresses their offer for the conclusion of a Parking Contract. Once the vehicle has been parked, EP shall deem that the Vehicle User has given their consent to conclude a Parking Contract under the Parking Contract Terms.
2. The Vehicle User shall use the parking lot and parking place in prudent manner, for the intended purpose and with care, pursuant to the Parking Contract, valid traffic regulations and instructions available at the parking lot. The vehicle parked shall have an appropriate license plate.
3. The Vehicle User shall pay parking fee to EP for the use of a parking place or have a parking card or permit giving them the right to park regardless of the day of the week and/or time. The amount of parking fee, payment terms and the terms, methods and instructions of use of a parking card are provided on the parking meter, a relevant information board or the parking card. The Vehicle User shall place the document certifying their parking right on the windscreen of the vehicle immediately after the vehicle has been parked, so that it would be possible to identify payment for parking or the validity of the parking permit from outside the vehicle, except in the event that they pay for parking by mobile phone or park based on an electronic parking permit. If it is allowed to park in the parking lot for free or without a parking permit up to a certain time, the start time of parking shall be fixed pursuant to the instructions provided at the parking lot.
4. For parking of a vehicle, including mobile parking, the Vehicle User shall send the following required information to EP for provision of parking service immediately after the vehicle has been parked: license plate number of the vehicle, mobile phone number, etc. EP shall process the information received from the Vehicle User (e.g. license plate number of the vehicle, mobile phone number where parking of the vehicle has been started) pursuant to the terms of valid legislation for the purpose of execution of the Parking Contract and ensuring the execution thereof.
5. EP has a right to assume that the owner or responsible user of the vehicle is the driver of the vehicle and a party of the Parking Contract.
6. EP shall allow the Vehicle User use a parking place in a parking area operated by EP pursuant to the Parking Contract, and if the latter has been duly executed by the Vehicle User, allow them to leave the parking place once the parking has been terminated.
7. In the event of a violation of the Parking Contract, the Vehicle User shall pay EP contractual penalty in the amount of 40 euros. If the violation continues or at least 24 hours after the previous claim of contractual penalty, a new claim of contractual penalty may be submitted. Payment of contractual penalty does not substitute the payment of parking fee. If contractual penalty is not paid, EP shall have a right to send inquiries to state registers and other databases in order to determine the person of the owner or responsible user of the vehicle.
8. In the event of a violation of the Parking Contract, EP has a right to use all the available legal remedies under the legislation and the Parking Contract. EP also has a right to use statutory lien, including preventing the vehicle from leaving the parking area or towing the vehicle. In addition to statutory lien, EP has a right to prevent the vehicle from leaving the parking area or tow the vehicle also in the event of material violation of the Parking Contract. Material violations of the Parking Contract include (but are not limited to) repeated violation of the Parking Contract, falsification/manipulation of a parking card or permit, parking of a vehicle without a license plate, manipulation of the start of parking time and parking across several parking places or at a forbidden location (e.g. on a green area or sidewalk or on a parking place for a disabled person without a relevant permit, etc.). In the event of prevention of a vehicle to leave the parking area or towing of a vehicle, EP has a right to detain the vehicle until the claims of EP (including the expenses related to detaining or towing of the vehicle) up to the amount of 160 euros have been satisfied. After the claims have been satisfied, EP shall enable the Vehicle User leave the parking area or the place where the vehicle was moved with the vehicle. EP has a right to transfer any claims under the Parking Contract to a third party, submit the claim to court and publish the information about the claim (debt) in the credit register.
9. EP shall not be liable for any damages caused to the vehicle by the Vehicle User or third parties while driving in the parking lot or during parking.