1. Scope of application and definitions
1.1. These Terms and Conditions of Purchase and Use of the Parking Permit (General Terms and Conditions) regulate the relationship between OÜ EUROPARK ESTONIA (Lessor) and the Lessor's customers (Lessee) who use the parking service on the basis of a permanent agreement (i.e., have purchased a Parking Permit). The General Terms and Conditions do not apply to the clients of OÜ EUROPARK ESTONIA who use the parking service presumably on the basis of a short-term contract, concluding a Parking Agreement by expressing an intention (entering the Parking Lot or parking) and paying for parking using a payment machine, using the mobile parking service, or some other option.
1.2. In the General Conditions, the following definitions shall apply:
1.2.1. "Agreement" - a parking agreement concluded between the Lessor and the Lessee for the use of the Parking Lot, of which these General Terms and Conditions are a part.
1.2.2. "Party" - the Lessee or the Lessor;
1.2.3. "Parties" - the Lessee or the Lessor;
1.2.4. "Parking lot" unguarded open parking area ("Open parking lot") or a building in which parking is arranged ("Parking house").
1.2.5. "Parking permit" is a permit certifying the right to use a car park. The existence of a parking permit is confirmed by an entry in the respective information system of the Lessor. When purchasing a parking permit for parking in the Parking House or if the Lessee requests, a Parking Card will be issued to the Lessee.
1.2.6. "Parking Card" - a document issued to the Lessee for parking in the Parking House or if the Lessee so requests and which, in addition to the provisions of clause 1.2.5 of the General Terms and Conditions, certifies the existence of a parking permit.
1.2.7. "Rent" - the fee paid by the Lessee to the Lessor for the parking service in accordance with the Lessor's price list.
1.2.8. "Contractual Penalty"- a sanction (fine) agreed in the Agreement, which the Lessee undertakes to pay to the Lessor in the event of a breach of the Agreement or the parking procedure.
1.2.9. "Additional fees" - fees for additional services provided to the Lessee, as well as fees payable by the Lessee to the Lessor if the Lessee has not duly complied with the provision of the General Terms and/or the Terms and Conditions of the Parking Agreement, therefore, the provision of additional services is necessary to remedy the breach or to remedy the consequences of the breach.
1.2.10. "Terms and Conditions of the Parking Agreement" - the rules established for the use of the Parking Lot, which are placed at the entrance to the Parking Lot and/or in a visible place in the Parking Lot.
2. Parking permit
2.1. The Lessor enters the vehicle-based Parking Permit into its respective information system for each Vehicle of the Lessee that the Lessee wishes to park in the Open Parking Lot. The Lessee may park the Vehicle in the Open Parking Lot only if a Parking Permit is available.
2.2. To park in the parking house, the Parking Card and the corresponding parking automation of the Parking House must be used.
2.3. A person to whom the Lessor has issued a Parking Card may use it to park any vehicle in his or her possession. The Lessee may transfer the Parking Card to a third party (downstream use of the Parking Permit). If the parking space is thus provided to the disposal of the third Party, the Lessee shall be liable to the Lessor for the performance of the obligations provided by the third Party in the Agreement and the General Terms and Conditions, incl. the Lessee shall be liable to the Lessor for the damage caused by the violation of the conditions for subleasing the Parking Permit. If the Lessee received property benefits through the violation, the Lessee undertakes to transfer all the received income to the Lessor.
2.4. In the event of a change in the Vehicle, the Lessee undertakes to notify the Lessor thereof, using the form available on the Lessor's website www.europark.ee in the self-service environment.
2.5. If a Parking Card has been issued to the Lessee at his/her request, the Vehicle may be parked in the Open Parking Lot only if the Parking Card issued for this Vehicle is mounted against the windshield of the Vehicle so that all data on the front of the Parking Card are clearly visible from outside the Vehicle and the barcode is verifiable.
2.6 In the absence of a Parking Permit for any reason, the Lessee must take a one-time parking ticket or use another means of payment provided in the respective Parking Lot and pay for parking in accordance with the short-term parking price list valid in the Parking Lot.
2.7 If the Parking Card is issued at the request of the Lessee, the Lessee is obliged to pay the Lessor a fee of 3 euros for issuing the Parking Card. In case of loss or damage of the Parking Card, the Lessee is obliged to pay the Lessor a fee of not more than 30 euros for the loss of the Parking Card.
3. Use of the car park and rights and obligations of the Parties
3.1. The Lessee has the right to use the Parking Lot in accordance with the terms and conditions of the Agreement, the General Terms, and Conditions and the Parking Agreement, including the time and for the agreed number of vehicles.
3.2. The Lessee undertakes to use the Parking Lot and the parking lot prudently, purposefully, and diligently, in addition to the information specified in clause 3.1, also in accordance with the applicable traffic rules and the instructions in the Parking Lot.
3.3. The Lessor has the right to use the rest of the Parking Lot and parking spaces itself or to make them available to third parties. The Lessee does not have the right to demand from the Lessor the possibility to use a specific and/or the same parking space each time, but has the right to use any free parking space in the Parking Lot.
3.4. Parking and traffic in the parking lot is at the driver's own risk. The Lessor is not liable for damage to the Vehicle caused by a third party during parking and movement.
3.5. The Lessee shall park the Vehicle in a reasonably foreseeable way so that parking the Vehicle does not reduce the number of parking spaces in the Parking House or impede traffic in the Parking House. The Lessee undertakes to drive in the Parking Lot and park the Vehicle in a manner that does not endanger or damage the Parking Lot, any property, or persons in it.
3.6. Unless otherwise agreed by the Parties, only a registered vehicle (with a registration plate) and self-propelled corresponding to the size of a conventional passenger car (incl. a trailer) may be parked in the Parking Lot.
3.7. When using the Parking Lot and the parking space, the Lessee must comply with all the orders of the Lessor's employees and the conditions of the Parking Agreement established by the Lessor.
3.8. The Lessee undertakes to ensure that the parked Vehicle is safe, does not cause negative effects on the surrounding environment, does not transport flammable materials, hazardous waste, etc.
3.9. If the Lessee's activities in the Parking Lot, including parking the Vehicle, violate the procedure provided in the Agreement, the General Terms and Conditions and/or the Terms and Conditions of the Parking Agreement, the Lessor has the right to impose a Contractual Penalty of forty (40) euros per each violation. In addition to paying the Contractual Penalty, the Lessee is obliged to compensate the Lessor or, if the injured Party is a third party, the third Party for all damage caused by the breach of the Agreement.
3.10. If the Lessee's Vehicle is parked incorrectly and/or in such a way that a dangerous situation may occur, significant damage occurs or may occur, or the Vehicle obstructs other users of the Parking Lot, including reducing the number of parking spaces in the Parking Lot, and/or traffic, the Lessor has the right to the move or have the Vehicle moved at the responsibility and expense of the Lessee. Similarly, a vehicle may be moved in breach of the obligation (s) set out in clause 3.2 or 3.5 of the General Terms and Conditions, in the case provided for by law or if there is a public interest in doing so.
3.11. The Lessor undertakes to ensure at its own expense the condition and cleaning of the Parking Lot in accordance with the usual average standard. The Lessor has the right to perform any maintenance and repair work in the Parking Lot without prior notice, including temporarily reducing the number of parking spaces in the Parking Lot, however, arranging these operations in the least disruptive manner for the Lessees. The Lessee undertakes to endure such maintenance and repair work. In order to perform maintenance and repair work, the Lessor has the right to demand that the Lessee relocate the Vehicle, giving reasonable notice thereof. Among other things, the installation of the necessary information in the Parking Lot for proper notification is considered.
3.12. When using the Parking House, the Lessee undertakes to follow the opening hours of the Parking House. Outside the opening hours of the Parking House, the Lessee can access the Parking House only with the help of the Parking Card according to the technical possibilities of the Parking House. It is otherwise forbidden to enter the Parking House outside the opening hours of the Parking House.
3.13. The Lessor is not obliged to allow the Lessee access in the absence of the Parking Card and/or in any other way if the technical possibilities of the Parking House allow and are not liable for any damage, inconvenience, etc. that occurs to the Lessee due to the fact that the Lessee is unable to access the Parking House due to the lack of a Parking Card.
4. Rent and Surcharges
4.1. The Lessee undertakes to pay the Lessor a monthly rent. The Rent shall be paid in advance for the calendar month following the invoice submitted by the Lessor to the current account indicated on the invoice of the Lessor. The Lessor shall issue an invoice to the Lessee at least seven (7) days before the due date for payment of the Rent to the e-mail address specified in the Agreement. A monthly surcharge of two (2) euros will be added to the invoice sent by post. If the Lessee has not received the invoice sent by e-mail during the current month, he or she is obliged to inform the Lessor by e-mail firstname.lastname@example.org. Failure to send the invoice by the Lessor does not release the Lessee from the obligation to pay the Rent.
4.2. If the Lessee delays the payment of the Rent, Surcharge, Contractual Penalty, or other fee arising from the Agreement, the Lessee is obliged to pay the Lessor default interest at the rate of 0.06% of the unpaid amount per day for each day of delay in payment.
4.3. The Lessor has the right to unilaterally and at any time change the amount of the Rent and/or Surcharges and/or establish new Surcharges by notifying the Lessee at least one (1) month in advance. If the Lessee does not agree to change the amount of the Rent or Surcharges and/or to establish new Additional Charges, he has the right to cancel the Agreement within one (1) month from the notification of the changes by the Lessor. Otherwise, the Lessee is deemed to have agreed to the changes.
5. Landlord's liability
5.1. The Lessor shall be liable to the Lessee in case of intentional or gross negligence violation of the obligations provided in the Agreement for itself and the persons used by the Lessor, committing to compensate the Lessee for direct property damage caused to the Lessee by the Lessor or the persons used by him/her. The Lessor shall not be liable for any other damage that the Lessee may incur, including loss of income, and shall not be obliged to compensate for such damage. The Lessor shall not be liable for damage caused by force majeure, as well as for circumstances in which liability is excluded or limited in accordance with the Agreement or law, or if the Lessor's violation is excusable.
5.2. In no event shall the Lessor be liable for any damage caused by the acts or omissions of any third party other than those mentioned in clause 5.1.
5.3. In order to request compensation for damage from the Lessor, the Lessee must notify the Lessor of the damage as soon as possible, but no later than one (1) month after the discovery of the damage and three (3) months after the damage has occurred.
6. Validity of the Contract
6.1. The Agreement is concluded for a term of one (1) month or for an indefinite period.
6.2. The Term Agreement terminates upon the expiry of the Term of the Agreement.
6.3. In case of an Agreement for an indefinite period, the Parties have the right to ordinarily cancel the Agreement by notifying the other Party at least one (1) month in advance. The Lessee shall submit the cancellation application in the self-service environment of the Lessor’s website at www.europark.ee. If a Parking Card has been issued to the Lessee, it is recommended to keep it for future use upon the termination of the Agreement.
6.4. In case of an Agreement for a fixed term, the Parties have the right to ordinarily cancel the Agreement by notifying the other Party at least one (1) month in advance. The Lessee shall submit the cancellation application in the self-service environment of the Lessor’s website at www.europark.ee. If, for any reason, the Lessor's right to use the immovable on which the Parking Lot is located expires, the Agreement shall automatically terminate on the same day. If possible, the Lessor shall notify the Lessee of such termination of the Agreement within a reasonable time. The Lessee shall not have the right to file any claims or complaints against the Lessor arising from such termination of the Agreement, except for the claim for the return of the prepaid Rent.
6.5. A Party may cancel both a fixed-term and an open-ended Agreement without complying with the notice period if the other Party materially violates the obligation arising from the Agreement. A material breach of the Agreement includes, but is not limited to, non-payment of Rent for two (2) consecutive months and repeated violation of any condition of the Agreement.
6.6. Extraordinary cancellation of the Agreement shall be effected by submitting a corresponding application to the other Party, unless otherwise set out in the Agreement. If the Lessor extraordinarily cancels the Agreement due to the Lessee's non-payment of Rent for two (2) consecutive months, the Agreement shall be deemed to have terminated on the due date specified by the Lessor in a reminder sent to the Lessee in a form that can be reproduced in writing (request to fulfil the obligation), if the Lessee fails to fulfil the obligation. If the Lessor terminates the Agreement in an extraordinary manner, the validity of the Parking Permit shall also be automatically terminated.
7. Principles of processing of personal data
7.1. When processing the personal data, the Lessor always observes the interests, rights, and freedoms of the data subjects, observing the principles of legality, confidentiality, fairness and transparency, purposefulness, accuracy, reliability, etc. in such a way that it is always ready to prove the processing of personal data.
7.2. Upon conclusion of the Agreement, the Lessor processes the personal data that the Lessee has provided to the Lessor in the self-service environment of the website www.europark.ee. This is done to conclude, perform or enforce the Agreement. The Lessor also has the right to process the following (personal) data:
7.2.1. vehicle registration numbers (for checking the existence of a Parking Permit, i.e., for the performance and guarantee of an agreement entered into when parking a vehicle);
7.2.2. video recordings in parking areas (to ensure security, including detection of committed offenses);
7.2.3. IP address and cookie data (to provide better service, development, authentication).
8. Other terms and conditions
8.1. In case of violation of the procedure for the use of the Parking Lot by the Lessee, the Lessor has the right to temporarily suspend the validity of the Lessee's Parking Permit, have the Vehicle moved or detained at the Lessee's expense, in addition to other remedies provided by the Agreement or law.
8.2. The Lessee shall be liable to the Lessor for all damage caused by violation of the Agreement and the parking regulations. Among other things, but not limited to, the Lessee is liable for damage caused to parking equipment and/or the Parking Lot, damage caused by improper sub-use of a Parking Permit, damage caused by violation of the Parking Card, etc., and damage caused to third parties. If a Contractual Penalty is prescribed for a violation, the Lessee shall be liable for causing damage in addition to the Penalty. The Lessee is liable for the actions or omissions of all persons who used the Vehicle with a Parking Permit directly in the Parking Lot in the same way as for their own actions or omissions.
8.3. The Lessor has the right to unilaterally amend these General Terms and Conditions. A notice on the changes in the General Terms and Conditions shall be published on the Lessor's website www.europark.ee no later than one (1) month before the changes take effect. If the Lessee does not agree with the amendment of the General Terms and Conditions, he/she has the right to cancel the Agreement within one (1) month from the publication of the amendments in the aforementioned manner. Otherwise, the Lessee is deemed to have agreed to the changes. The new General Terms and Conditions become an integral part of the Agreement and binding on the Parties from the date of their entry into force.
8.4. In matters not regulated in the Agreement and the General Terms and Conditions, the Parties shall be guided by the legislation in force in the Republic of Estonia.
8.5. Disputes arising from the Agreement shall be resolved primarily through negotiations between the Parties. In case of failure to reach an agreement, the Harju County Court shall resolve the dispute in the first instance.
8.6. The Lessor may forward to the Lessee all notices related to the Agreement to the contact person specified in the Agreement by e-mail. Notices sent in this way shall be deemed received by the Lessee on the business day following their sending.
8.7. The application for temporary suspension, reopening, termination, etc., of the Parking Permit shall be submitted by the Lessee on the Lessor's website www.europark.ee, in the self-service environment. If the Lessee wants to submit the application by e-mail, the Lessor will charge an additional fee of EUR 5 for processing the application.