GENERAL TERMS AND CONDITIONS OF PARKING CONTRACT
I Scope of parking contract and main definitions
The general terms and conditions of the parking contract govern relations between OÜ EUROPARK ESTONIA and the customers of OÜ EUROPARK ESTONIA who use the parking service under a permanent contract (i.e. have obtained a Parking Card for parking). The general terms and conditions of the parking contract do not apply to the customers of OÜ EUROPARK ESTONIA who use the parking service under a short term parking contract, which they enter into by expressing their intention through certain acts (entering a multi-storey car park or parking) and making a payment through a machine, mobile phone, some other device, etc.
The definitions listed below have the following meaning in the general terms and conditions and parking contract:
„Contract“ – a parking contract made between the Lessee and the Lessor for using the Car Park, an integral part of which are these present general terms and conditions.
„Contract penalty“ – a contractual sanction (penalty) that the Lessee shall undertake to pay the Lessor if the Lessee breaks the Contract or Parking rules.
„Extra charges“ – charges payable for additional services provided to the Lessee as well as charges payable by the Lessee to the Lessor for failure to follow any provisions of the General Terms and Conditions and/or Parking Terms and Conditions, making it necessary to provide additional services to remove the breach or rectify the consequences of the breach.
“Parking Card” – a document issued to the Lessee to park it in the Outdoor Car Park („Vehicle-based Parking Card“) or a person-based document, issued to the Lessee for one vehicle in the Lessee`s use, certifying the right to use a Car Park in a specified Multi-storey Car Park („Person-based Parking Card“).
„Parking Terms and Conditions” – established rules for using a Car Park, displayed in a visible position at the entrance of and/or in the Car Park.
„Car Park“ – an unguarded outdoor parking area („Outdoor Car Park“) ) or a building where parking is organised („Multi-storey Car Park“).
Party – the Lessor or the Lessee.
Parties – the Lessor and the Lessee.
Rent – a charge payable by the Lessee to the Lessor for the parking services under the Lessor’s price list.
II Parking Card
2.1. The Lessor shall issue the Lessee one Parking Card for each vehicle the Lessee wishes to park in an Outdoor Car Park. The assignment of the right to use a parking space is allowed where the Parking Card that gives the parking right has also been assigned to the third person.
2.2. The Lessor shall issue the Lessee one Person-based Parking Card for each user in a Multi-storey Car Park as requested by the Car Park Lessee. The person to whom the Person-based Parking Card has been issued can use the card to park whichever vehicle is in the person’s possession.
2.3. The Lessee is only allowed to park a vehicle in an Outdoor Car Park if the Parking Card issued for the vehicle has been placed on a windshield so that the information on the front side of the Parking Card is clearly visible and the bar code could be scanned throughout the parking session. The parking right is ensured by payment of issued invoice in full and in due time.
2.4. A Multi-storey Car Park may only be utilised by using the Parking Card on the parking equipment in the Multi-storey Car Park.
2.5. If the Lessee does not hold a Parking Card, the Lessee has to take a single parking ticket or use some other means of payment available in the Car Park and pay for parking in accordance with the current charges for short-term parking as established in the Car Park.
2.6. If the Lessee loses or damages the Parking Card, the Lessee shall pay to the Lessor the card loss fine of up to 30 EUR.
III Using Car Park
3.1. The Lessee is entitled to use a Car Park in the extent as specified in the Contract (including the time indicated and the number of vehicles agreed upon) in accordance with the Terms and Conditions of the Contract, the General Terms and Conditions, and the Parking Terms and Conditions of the Car Park, if such have been established. The Lessor is entitled to use the rest of the Car Park and the parking spaces at its own discretion or give them to third persons to use. The Lessee has no right to demand that the Lessor make a particular and/or the same parking space available for parking each time but is entitled to use any free parking space in the Car Park.
3.2. Parking and travelling shall be at the sole responsibility of the driver. The Lessor shall not be liable for any damage caused to the vehicle during parking or travelling.
3.3. The Lessee shall use the Car Park and a parking space with due care and as intended, i.e. for parking a vehicle. The vehicle shall be parked in such a manner as is normally expected and considered reasonable so that the parked vehicle would not reduce the number of parking spaces available in the Car Park or obstruct traffic in the Car Park.
3.4. Only a registered vehicle without a trailer that can travel on its own power, on wheels, and the measurements of which correspond to an ordinary passenger car, is allowed to park in the Car Park.
3.5. When using the Car Park and a parking space, the Lessee has to follow all instructions given by any employee of the Lessor and the Parking Terms and Conditions of the Car Park, as established by the Lessor.
3.6. The Lessee shall undertake to travel in the Car Park and park the vehicle in such a manner that would not damage or pose any risk to the Car Park, people, or property therein.
3.7. The Lessee shall ensure that the vehicle to be parked is safe, and that no negative effects arise from the vehicle to the environment and that the vehicle is not transporting any highly flammable materials, hazardous waste, etc.
3.8. If the Lessee breaks the rules laid down in the Contract, the General Terms and Conditions, and/or the Parking Terms and Conditions by his/her conduct in the Car Park, including when parking the vehicle, the Lessor is entitled to issue the Lessee a Contractual penalty for each default in the amount according to the Parking Terms ans Conditions, and the Lessee shall pay the Contractual penalty served in accordance with the provisions of the Contract. Furthermore, the Lessee shall indemnify the Lessor, or if the injured person is a third party, the third party, any damage caused.
3.9. In addition to the provisions of clauses 3.3 or 3.6. of the General Terms and Conditions, the Lessor is entitled to remove or cause to remove the Lessee’s vehicle at the Lessee’s cost, if the Lessees vehicle has been parked incorrectly and/or in such a way that it could cause a hazardous situation, it causes or could cause material damage, or it obstructs the movement of other Car Park users, including reducing the number of parking spaces available in the Car Park and/or obstructs traffic. The vehicle can also be removed in cases prescribed by legislation or in the public interest.
3.10. The Lessor shall ensure at its own cost the maintenance and cleaning of the Car Park at a common standard level. The Lessor is entitled to conduct any maintenance and repair work in the Car Park without prior notification, including temporarily reducing the number of parking spaces available in the Car Park, taking care not to unnecessarily inconvenience the Lessees. The Lessee agrees to deal with such maintenance and repair work and shall not give any pretensions or claims to the Lessor because of possible inconveniences in using the Car Park caused by such work. The Lessor has the right to request that the Lessee relocate his/her vehicle, giving reasonable notification (reasonable notification is also putting up necessary information in the Car Park).
3.11. When using a Multi-storey Car Park, the Lessee shall keep to the opening hours of the Multi-storey Car Park. Outside of the opening hours of the Multi-storey Car Park, the Lessee is ensured access to the Multi-storey Car Park in so far as the technical solutions of the particular Multi-storey Car Park allow. It is prohibited to enter the Multi-storey Car Park outside the opening hours of the Multi-storey Car Park.
3.12. The Lessor shall not be required to enable access for the Lessee in the event that the Lessee fails to produce a Parking Card and/or some other means if the technical solutions of the Multi-storey Card Park so allow, or shall not be liable for any damage, inconvenience, etc. that the Lessee may suffer as a result of the missing Parking Card resulting in the Lessee not entering the Multi-storey Car Park.
IV Rent and extra charges
4.1. The Lessee shall pay the Lessor a monthly rent for the use of the Contract object. The rent is payable in advance for the following calendar month under the invoice issued by the Lessor to the bank account number indicated on the invoice. The Lessor issues the invoice to the Lessee no later than in three (3) days before the payment due date by sending it to the email address indicated in the Contract. If this is the case, the invoice is not sent by post. An additional monthly fee of 2 EUR is added to the invoices sent by post. Where the Lessee does not receive an invoice for the current month by email he shall inform the Lessor in writing by sending a respective message to email@example.com. The parking right is ensured by payment of issued invoice in full and in due time.
4.2. If the Lessee delays with the payment of rent, an extra charge, contractual penalty charge, or some other charge arising from the Contract, the Lessee agrees to pay the Lessor a fine of 0.1% for the delay on the amount due for each day delayed.
4.3. The Lessor is entitled to unilaterally change at any time the amount of rent, extra charges, and/or contractual penalty charge and/or lay down new extra charges with a prior notice of at least one (1) month to the Lessee. If the Lessee does not agree with this change in the amount of rent, extra charges, or contractual penalty and/or new extra charges established, the Lessee is entitled to terminate the Contract within one (1) month from the notice of the change by the Lessor. Failure of the Lessee to respond to the notice shall constitute an agreement of the Lessee to the changes and that the Lessee will not make any demands concerning these changes.
V Assignment of right to use parking space
5.1. The Lessee is entitled to assign his parking space to a third person, including assignment to members of management bodies and employees of the Lessee, provided that the Lessee is a legal person, only in accordance with the conditions set down in clause 5 hereunder. Should the Lessee give a parking space to a third person to use, the Lessee shall be liable before the Lessor for ensuring that the third person fulfils the obligations of the Contract and the General Terms and Conditions as the Lessee is responsible for fulfilling his own obligations.
5.2. The assignment of the right to use a parking space in an Outdoor Car Park and Multi-storey Car Park is allowed, provided that the right to use the vehicle has also been assigned to the third person. In such a case, the Lessee shall give the Parking Card to the third person.
5.3. The Lessee is liable before the Lessor for any damage caused due to breach of terms and conditions regulating the assignment of a parking space. If the Lessee receives material benefits from the breach, the Lessee shall transfer any benefits gained to the Lessor.
VI Liability of Lessor
6.1. The Lessor shall be liable before the Lessee for any breach of Contractual obligations by the Lessor and the persons used by the Lessor caused by an intentional act or severe negligence and shall indemnify at the Lessee’s request direct proprietary damage caused to the Lessee by the Lessor and the persons used by the Lessor. The Lessor shall not be liable for any other damages, including loss of profit, and shall not be required to indemnify such damages. The Lessor shall not be liable for any damage due to a Force Majeure circumstance and also for circumstances where the liability in accordance with the Contract is precluded or restricted or the Lessor’s breach is excusable.
6.2. The Lessor shall not in any way be liable for any damage caused due to any acts or failure to act of a third person not listed in clause 6.1.
6.3. To request the Lessor to indemnify the damage caused, the Lessee shall have to inform the Lessor of the damage caused at the first opportunity, but no later than 1 (one) month after discovering the damage and 3 (three) months after the damage occurred.
VII Termination of the Contract
7.1. The Lessee has the right to terminate the Contract with a written notice to the other Party at least no later than before the beginning of a new month by filling in the form available on the Lessor’s home page at www.europark.ee in the Self-service section.
7.2. Each Party can terminate the Contract without prior notice, if the other Party has materially breached an obligation arising from the Contract. Failure of the Lessor to provide the Lessee with a parking space, repeatedly, shall not constitute a material breach, except when it has been caused by an intentional act by or severe negligence of the Lessor, and no circumstances referred to in clause 6.1. exist.
7.3. If the Lessor’s right to use the real estate where the Car Park is located is terminated, the Contract shall automatically be terminated on the day of the termination of the right to use the real estate by the Lessor. If possible, the Lessor shall give the Lessee prior notice of such a termination of the Contract in reasonable time. The Lessee has no right to give the Lessor any claims or pretensions because of such an automatically terminated Contract, except for a prepaid rent recovery claim.
VIII Other provisions
8.1. If the Lessee breaks the Car Park rules, the Lessor can in addition to other remedies block the Lessee’s Parking Card, remove the vehicle at the Lessee’s cost, or retain the vehicle.
8.2. The Lessee is liable before the Lessor for any damage caused because of any breach of the Contract and the Parking rules. The Lessee shall be liable for the following, including, but not limited to: any damage to the parking equipment and/or the Car Park, any damage caused due to assignment of the right to park on a parking space without obtaining a prior consent, any damage caused to the Parking Card, any damage caused to third persons, etc. In case a Contractual penalty is provided for the breach, the Lessee shall also indemnify the damage in addition to paying the Contractual penalty. The Lessee shall also be liable for the acts or failure to act of all persons who have parked the vehicle with the Parking Card in the Car Park as if for own acts or failure to act.
8.3. The Lessor is entitled to unilaterally modify the General Terms and Conditions. The Lessor shall notify the Lessee of any modifications to the General Terms and Conditions at least 1 (one) month prior to coming into effect of the modification, sending the Lessee the new version of the General Terms and Conditions by post or e-mail to the address specified in the Contract or making the modified General Terms and Conditions available on the Lessor`s home page at www.europark.ee. If the Lessee does not agree with the modifications to the General Terms and Conditions, the Lessee is entitled to cancel the Contract within one (1) month from the notice on modifications or making available of the modifications as described above. Failure of the Lessee to cancel the Contract shall constitute the Lessee’s agreement to the modifications and that the Lessee has no objections. The new General Terms and Conditions shall become an integral part of the Contract and will be binding for the Parties from the day of coming into force.
8.4. In matters not regulated in the Contract and the General Terms and Conditions, the Parties shall be governed by the laws applicable in the Republic of Estonia.
8.5. Every attempt shall be made to resolve any disputes arising from the Contract through negotiations of the Parties. If an agreement is not reached, the dispute will be referred to Harju Maakohus (Harju County Court), a court of first instance.
8.6. The Lessor can forward all notices to the Lessee regarding the Contract and execution of the Contract to the contact person indicated in the Contact.