Effective as of July 2023
These terms of service (the “Terms of Service”) and the specific local terms applicable in each corresponding jurisdiction (the “Local Terms and Conditions”), hereinafter referred as the “General Terms and Conditions”, apply when Parkimeter Technologies, SLU with registered office at Plaza Sagrada Familia 9. 08025 Barcelona (España); registered with the Commercial Registry (Registro Mercantil) of Barcelona in Volume 43834, Page 19, Section 8, Sheet B-439699, and established on 27 June 2013 in Barcelona, before the Notary Public from Barcelona Mr. Carlos Cabadés O'Callaghan, under number 2041 of his official records (“PARKIMETER”); provides Services (as defined below) to natural persons (consumers) (the “Customer”) in Spain.
All Services are provided in accordance with mandatory law and in accordance with:
In case of deviation between the above mentioned provisions, they shall take precedent in the abovementioned order.
The Services are directed to natural persons above 18 years of age.
By applying for registration with PARKIMETER (see section 3), the Customer agrees with and accepts to be bound by these General Terms and Conditions. A binding agreement (the “Agreement”) arises when PARKIMETER has confirmed the Customer’s registration and the Customer gains access to PARKIMETER’s Services.
These General Terms and Conditions are part of the Agreement between PARKIMETER and the Customer. If the Customer also has a business user account with PARKIMETER, PARKIMETER’s general terms and conditions for business customers apply to the Customer’s business related use of any services provided by PARKIMETER.
In these General Terms and Conditions and in connection with the Services defined terms and expressions shall have the meaning set forth below:
Definitions may also be found elsewhere in these General Terms and Conditions.
PARKIMETER provides an electronic system for modern parking (the “PARKIMETER System”), through which PARKIMETER, in co-operation with P-operators and other Partners, enables Customers to administrate parking of vehicles (the “Parking Service”), as well as other services provided by PARKIMETER from time to time to consumer customers are jointly referred to as the “Services”.
The Services offered by PARKIMETER are often dependent upon, or provided in combination with, services offered by P-operators and/or Partners. Such third parties may have their own applicable rules, regulations and/or terms of service. The Customer may be required by P-operators or Partners to accept such rules, regulations and/or terms of service, as the case may be, in order to use their services, and, by extension, before making use of the Services offered by PARKIMETER. PARKIMETER is not responsible nor liable for the services offered by P-operators or Partners, for providing such applicable rules, regulations and/or terms of service, or for any non-compliance with such terms by the Customer. Please contact the P-operator or Partner to receive information in this regard.
For a more detailed description of the Services, reference is made to the information provided on the Website from time to time.
PARKIMETER offers a selection of product packages (each a “Product Package”) including the Parking Service and Additional Services, if applicable, whose contents, prices and any special terms and conditions, are described on the Website from time to time.
ACCESS TO THE SERVICES, REGISTRATION DATA, ETC.
Access to the Platform is open to any individual or company: customers can make a reservation on the website without previous registration. However access to certain services such as billing, Customer Private Area and use of the App require prior registration. PARKIMETER reserves the right to reject an application for registration or to refuse a booking, informing the user in the shortest possible time and with the sole commitment to return the up-front payment that has been made (if any).
An application for registration can be made via the Website, the App or in such other ways occasionally accepted by PARKIMETER. In connection with the application for registration, the Customer shall provide requested information, such as further specified personal data, valid mobile phone number, email address, and the licence Plate Number. Furthermore, the Customer shall select a payment method accepted by PARKIMETER, and register a payment card, or, as applicable, provide other information corresponding to the selected payment method.
When the registration has been approved, the Customer is granted a non-exclusive and non-transferable right, which is limited in time and not sub-licensable, to use the PARKIMETER System, the Services and – if applicable – the App and the Car App, subject to the Agreement. The right to use the PARKIMETER System and, if applicable, the App and the Car App, remains during the term of the Agreement and for as long as the Customer has an active user account and discharges its duties under the Agreement (including these General Terms and Conditions).
When a registration has been approved, the Customer chooses a unique password to be used together with the Customer’s email address, and receives a verification code to log on to the App (together, the “Login Credentials”). The Login Credentials also enables the Customer to log on to the Customer’s personal website on the Website (“Customer Private Area”).
Certain Services offered through the App or the Car App require that the Customer has enabled the function “allow location access” and/or “allow notifications” on the Mobile phone, vehicle or other technical solutions occasionally approved by PARKIMETER.
The Customer can start a parking session through the Parking Service by activation via either:
THE CUSTOMER’S UNDERTAKINGS AND RESPONSIBILITY
The Customer is responsible for procuring that accurate information regarding the Customer and any corresponding vehicle is registered in PARKIMETER at any time. Following approval of the registration, the Customer shall log on to its Customer Private Area or check the settings in the App or Car App, as applicable, to verify that the registered information is accurate. PARKIMETER is under no circumstances liable for erroneous registered information, regardless of registration method.
The Customer is responsible for ensuring that the payment card registered through PARKIMETER, or any other selected payment method, as applicable, is valid, not blocked and that the associated account, if any, has sufficient balance/spending limit. The Customer shall provide PARKIMETER with corresponding information (e.g., through update in the App or on Customer Private Area, or by notifying PARKIMETER’s customer service) regarding a new payment card at the latest by the end of the calendar month preceding the calendar month when the registered payment card expires.
The Customer is responsible for procuring that the Login Credentials are kept and used in a safe manner, and not disclosed or otherwise made available to any unauthorised person.
The Customer shall inform PARKIMETER without delay, as instructed occasionally on the Website (e.g. through update in the App or on Customer Private Area or by notifying PARKIMETER’s Customer Service) when:
The Customer shall also keep PARKIMETER informed of any other circumstances of importance to the Agreement and/or the provision of the Services.
The Customer shall always comply with applicable laws and regulations, and the rules established by the corresponding P-operator at any given time, or which are otherwise applicable in relation to the parking area where the Customer parks the vehicle.
The P-operator reserves the right of admission considering the Customer prior behaviour according to good faith principles, decorum, good manners and in accordance with good practices as well as in compliance with the local corresponding legislation in force at any corresponding time.
It is always the Customer’s obligation to check if there is any local regulation (LTZ, ZBE, etc.) limiting car access to the area in the city where the parking area is located and whether there is an obligation to pay Access Tax for accessing the city area where the parking area is located. Accordingly, the Customer cannot rely on the Website, nor the App (nor other information channels from PARKIMETER) to determine if any Access Taxes are applicable for accessing the parking area.
It is Customer responsibility to deactivate any automatic payment electronic device (i.e. Via-T, Teletac, Via-Verde, Telepass, etc.) before accessing parking areas in order to avoid double charges in those parking areas that may have deployed this access/automatic-payment technology.
In addition to what is set out in this Agreement, the Customer shall comply with any other instructions in relation to the use of the Services given by PARKIMETER from time to time.
The Customer is responsible for procuring that the (a) telephone, (b) Mobile phone, or (c) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer in relation to the Services functions properly and is compatible at all times with (i) the PARKIMETER System, (ii) the Services, (iii) the App, and (iv) the Car App, as applicable. The Customer is also responsible for procuring that the App and the Car App are duly updated, if applicable. The performance requirements applicable from time to time in relation to the PARKIMETER System, the Services, the App and the Car App, are available on the Website.
The Parking Service can only be used at parking areas and within parking areas/zones (each a “Parking/s Area”), which is available on the Website, or (b) indicated in the App’s or the Car App’s map interface; and/or
If the Customer also has another personal or business user account with PARKIMETER, it must select which account should be used for Spontaneous Parking or Pre Booking services.
PARKIMETER provides information regarding parkings made by the Customer on the App and on the Customer Private Area, and such information is generally stored for at least twelve months.
For Pre Booking Parking Services, the Customer can use the parking area in the selected parking area between the arrival and departure date/time specified in the booking.
Early arrivals or late departures, may generate additional charges to the Customer. The amount will be calculated using the rate per minute that the Customer will be able to consult when accessing the parking area and, depending on the parking, the customer may be directly charged by the P-Operator or will be charged through the payment method used for the payment of the booking. Any additional charges should be paid before the car leaves the parking area.
Likewise, if the Customer extends or shortens their stay within the time periods allowed for this purpose, the credit card or payment method the Customer has used for booking payment, which will be saved for this purpose, may be charged or credited with the difference in the amount.
Through PARKIMETER’s Pre Booking services, the Customer is able to reserve a parking spot in one of the available parking areas shown in the App, Car-app or Website.
The booking will be confirmed to the Customer once the payment has been done successfully and the Parking operator has accepted it. After confirmation, the Customer will receive the corresponding Booking Voucher and the proof of payment by email, which will be sent to the e-mail address reflected in the reservation or in its registration.
PARKIMETER reserves the right to refuse (cancel) a confirmed booking, informing the user in the shortest possible time and with the sole commitment to return the up-front payment that the Customer may have made.
The instructions of how to use and how to redeem a booking is indicated in the Booking Voucher. The Customer should read all the information and follow the indications to use the booking. Failure to follow the instructions may result in a situation where the Customer is unable to use the booking without a right to a refund.
All the information, including fees, published in PARKIMETER’s Platform and in the Booking for parking at a parking area (the “Parking Fee”) is set based on factors and information provided by the corresponding P-operator, such as the applicable parking fee, and the Customer’s usage, such as the amount of parking time. PARKIMETER does not have control over these factors, which may contain errors and change eventually. When providing the Parking Service, PARKIMETER will collect the Parking Fee due (including VAT, if applicable) from the Customer and transfer the amount to the corresponding P-operator according to the corresponding agreement between P-operators and PARKIMETER.
The Customer will be responsible for the changes in the booking in accordance with the general conditions:
In relation to certain parking areas, access may be granted and a parking may be started (entry) and/or ended (exit) with the help of a P-operator’s automatic number plate recognition system (“CameraPark System”), whereby the time a vehicle enters and leaves a parking area is automatically registered and, if applicable, forwarded to the PARKIMETER System (“CameraPark”).
The CameraPark Systems are provided and maintained by the P-operators and not by PARKIMETER. PARKIMETER does not provide any technical support in relation to the CameraPark System; instead the Customer is referred to the corresponding P-operator.
Prices and fees for corresponding Product Packages, Bookings, Additional Services and other additional functions are set forth in the process of contracting the service or in PARKIMETER’s price list (if any) applicable from time to time, which is available on the Website. All prices and fees include VAT.
PARKIMETER’s registration is free of charge as well as app download.
Pricing is primarily driven by the Customer’s parking requirements. The pricing model for the Product Packages currently depends on the Product Package selected by the Customer. I can consist of:
Separate fees may be charged for Additional Services and other additional notifications and functions, which are not included in the corresponding Product Package. The pricing model applicable in each case, as well as the breakdown of the corresponding applicable fees, will be informed to the Customer prior to the payment and execution of the Services.
Additional Services, which currently are included in the Product Packages, or any new services, may in the future be subject to separate fees.
PARKIMETER reserves the right to change its prices and fees. In the case of long term services, PARKIMETER will give prior notice to the Customers at least 30 days in advance (unless different conditions are stated in any corresponding Terms and Conditions). Such amendments will become effective no earlier than 30 days after the Customer has been informed of the change (unless different conditions are stated in any corresponding Local Terms and Conditions). For short or medium-term services, the Customer will pay the price in effect at the time of contracting, regardless of whether the service contracted is for immediate or delayed consumption.
Payment is made either by charging the Customer’s registered payment card, or by any other payment method approved by PARKIMETER from time to time. The Customer selects and approves of the payment method in connection with its application for registration or as part of making a reservation via the website. For information regarding additional payment terms applicable to each respective payment method, reference is made to the corresponding payment service provider.
For long term services, the fixed monthly fee is charged monthly in advance and is not refundable. Other prices and fees are charged in accordance with the payment method selected by the Customer when booking a Service or after the starting or ending of the corresponding Service. The Customer hereby approves such charging.
In case the Customer is in default with a payment (e.g. the payment method is rejected once the Service has been provided), PARKIMETER may charge default interest in accordance with the corresponding laws and request payment of further expenses and damages, which arise in connection with the claims which have not been paid when due and payable.
The PARKIMETER System and Services are under continuous development and may be updated or changed from time-to-time or temporarily discontinued with the aim of fixing bugs or failures as foreseen under section below.
The PARKIMETER System is generally available 24 hours a day, but the availability may be interrupted due to planned upgrades, modifications and maintenance or due to unexpected system failures. Further interruptions or errors may be due to the fact that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. PARKIMETER reserves the right to update the PARKIMETER System with new functions or otherwise modify it in order to, for example, adapt it to new technology, new security standards or new administrative procedures.
All copyright (including the right to computer programs, databases, source codes, object codes and algorithms) and other intellectual property rights (including trademarks and patent rights) relating to the PARKIMETER System and its contents are owned or licenced by PARKIMETER or its suppliers and Partners. No such rights are transferred to the Customer by the virtue of this Agreement. It is not allowed to use, or to grant others a right to use, the PARKIMETER System or its contents for commercial purposes. The Customer does not have any right to copy, distribute, sell, publish, transfer, lend, sublicence, modify, or otherwise dispose of or take any action regarding the software included in the PARKIMETER System. The Customer does not have any right to engage in reverse engineering, decompilation, disassembling or in any way attempt to access the software’s source code. In addition to the Customer’s right to information pursuant to Section 3 of the Terms of Service, the Customer has no right – by itself or through others – to collect and store data from the App, the Car App and the Website.
The Customer shall ensure that all information transferred to the PARKIMETER System is free from damaging elements or source code or malware (such as viruses, worms and Trojan horses). It is the responsibility of the Customer that any information which the Customer uploads to the Customer Private Area or that the Customer makes available via the App or the Car App does not infringe any third party’s intellectual property or other rights and is not in conflict with any law or regulation, nor the right of others.
Nothing in these General Terms and Conditions shall exclude liability of PARKIMETER for gross negligence and wilful misconduct, death and personal injury caused by PARKIMETER’s negligence, or any other type of liability which cannot be excluded or limited under applicable law.
To the extent permitted by applicable mandatory law, except if PARKIMETER has acted wilfully or grossly negligent, the aggregate liability of PARKIMETER shall in no event exceed the total amount paid for the Parking Services.
Parking operators are the sole managers of the parking areas. The use of parking areas by Customers shall attend to the corresponding terms and conditions foreseen between the P-operators and the Customers, that might be made available to Consumers by P- operators at any time. PARKIMETER is not liable for:
Furthermore, PARKIMETER is not liable for any damage or loss incurred by the Customercaused by:
In any event, the liability of PARKIMETER for material or financial losses of the Customer is limited to the amount paid by the Customer for the booking and excludes any indirect or consequential damages such as, e.g., loss of profits.
In case of a defective Service or an erroneous charge or fee the Customer shall submit a written complaint to PARKIMETER’s Customer Service (info) without delay, and at the latest within 30 days from when the corresponding Service started to be provided, alternatively from when the Customer became or should have become aware of the corresponding erroneous charge. The complaint shall clearly specify the nature of the defect or error. The Customer shall provide reasonable assistance to PARKIMETER in connection with any investigation made regarding the complaint.
Complaints regarding erroneous Parking Fees are handled and decided upon in dialogue with the corresponding P-operator. When such complaint is approved by the P-operator, PARKIMETER shall compensate the Customer with the corresponding amount without delay. If the complaint is rejected by the P-operator, PARKIMETER shall notify the Customer the outcome of the handling of the complaint including an explanation of the decision. Complaints related to a CameraPark System or referred to any of the services provided directly by the P-operator will be referred to the corresponding P-operator, i.e (LTZ/ZBE access authorization and related fines, Tourist Taxes…).
Prior to or after receiving compensation from PARKIMETER for any fees, tolls or other charges, the Customer may upon PARKIMETER’s request be required to object to any corresponding claim of a P-operator, Partner, Local Authority or other third party, as the case may be, as part of the Customer’s reasonable assistance and cooperation. In addition, pursuant to PARKIMETER’s written request, the Customer shall procure that PARKIMETER is allowed to handle any negotiation or dispute with any third party in relation to a dispute or potential dispute in respect of such fees, tolls or charges. This includes granting PARKIMETER all authorisations and all assistance reasonably required to enable PARKIMETER to defend, at its own cost, against such claim or potential claim and to agree to any settlement or otherwise compromise or discharge such claim.
The Agreement is valid from the confirmation of the Customer account registration by PARKIMETER or from a booking confirmation without account registration until it is terminated in accordance with the terms of the Agreement, or as otherwise agreed in writing.
If the Customer has selected a Product Package without fixed monthly fee, the Customer may terminate the Agreement with immediate effect. If the Customer has selected a Product Package with a fixed monthly fee (in full or in part), the Customer may terminate the Agreement as per the end of the next calendar month following the notice of termination.
PARKIMETER has the right to immediately suspend the Customer’s access to the Services, cancel the Customer’s user account and/or terminate the Agreement with immediate effect if:
If the Customer has selected a Product Package for which the Customer pays in full or in part a fixed monthly fee, it is the Customer’s responsibility to terminate the Agreement if its registered vehicle has been sold, is temporarily deregistered, or otherwise will not be used. PARKIMETER has no responsibility to verify that a vehicle having been registered by the Customer has not been temporarily deregistered.
For Product Packages without fixed monthly fee, PARKIMETER may terminate the Agreement or stop providing the Services with immediate effect. If the customer has selected a Product Package with a fixed monthly fee, PARKIMETER may terminate the Agreement as a whole or in parts, subject to 30 days prior notice.
Termination of the Agreement by the Customer shall be made in writing.
Termination of the Agreement (for whatever reason) shall not affect any rights and/or obligations incurred by a party prior to the date the Agreement is terminated.
In accordance with current legislation, including the Article 16, letter “L” of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, and the local laws of each european country, the provision of accommodation other than for residential purpose, (...) if the contract provides for a specific date or period of performance. Thus, the user may not exercise the right of withdrawal, outside of the Booking cancellation conditions stated in this Terms. By accepting these Terms and conditions, the Customer waives the statutory right to withdraw from a purchase.
The impossibility of consuming a reservation for causes that are not PARKIMETER’s or P-operator’s fault, or a no-show for any reason are not grounds for a refund.
For the cancellation of the specific contracted Services, the Customer shall refer to the specific terms and conditions of each Service that may have been subscribed at any given time.
PARKIMETER shall not be responsible or liable for failure or delay in carrying out the terms of this Agreement resulting from any cause or circumstance beyond PARKIMETER’s reasonable control, including, but not limited to, fire, flood or other natural disasters, acts of war, terrorist actions, labour conflicts, failure, disruption or delay in telephone, internet or other communication network, restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken by governmental authority.
Neither party shall disclose confidential information regarding the other party without the other party’s consent. However, the Customer acknowledges and consents to PARKIMETER sharing information regarding the Services and their usage to P-operators and Partners in order to discharge its duties in relation to them.
Furthermore, the Customer acknowledges and consents to PARKIMETER reporting any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or any other competent authority.
PARKIMETER processes Customer’s personal data, as data controller, mainly in order to provide the Services and for other purposes such as: (i) marketing communication and offers, (ii) conducting surveys, (iii) follow-up and evaluation, (iv) handling requests and customer service matters, (v) recording of phone calls (with prior consent), (vii) compliance with legal obligations, (viii) establishment, exercise and defence of legal claims and (ix) maintenance, protection and development of the Services.
The Customer acknowledges that PARKIMETER may share information regarding the (Customer’s use of the) Services to P-operators and Partners in order to discharge its duties in relation to them. Furthermore, the Customer acknowledges that PARKIMETER may report any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or any other competent authority.
The Customer has a number of rights relating to the processing of his/her personal data. In order to exercise his/her rights, the Customer shall contact PARKIMETER’s Customer Service: info
PARKIMETER reserves the right to amend the Terms of Service. In such a case, PARKIMETER shall promptly inform the Customer and make the new version of the General Terms and Conditions available to the Customer, who has a right to reject the amendments through terminating the Agreement with immediate effect. However, should the Customer continue to use the Services, the Customer shall be deemed to have accepted the amendments (notwithstanding anything to the contrary in the corresponding Annex, included below, related to the Customer´s jurisdiction).
The Terms of Service are applicable from time to time and are available on the Website.
PARKIMETER has the right to assign, in full or in part, its rights and/or obligations under the Agreement to any other person or party without the Customer’s consent (notwithstanding anything to the contrary in the corresponding Annex, included below, related to the Customer´s jurisdiction). Furthermore, PARKIMETER has the right to employ subcontractors to discharge its duties under the Agreement.
The Customer may not assign its rights and/or obligation under the Agreement to any other person or party without PARKIMETER’s written consent.
In compliance with Law 34/2002, of July 11th on Information Society Services and Electronic Commerce, and Directive 2000/31/EC of the European Parliament and of the Council, of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, we inform that the owner of the Website is Parkimeter Technologies, SLU with NIF ESB66074931 registered at Plaza Sagrada Familia 9. 08025 Barcelona (España).
The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof.
The Parties agree that, should any provision of the Agreement be or become void, invalid or unenforceable, the validity or effectiveness of the other terms and conditions of the Agreement shall remain valid and effective.
Terms and Conditions (as well as any other terms and conditions which form part of the Agreement) are available in several languages, out of which the Spanish language version constitutes the original language version. The Parties acknowledge that in case of any discrepancies between this language version and the Spanish language version of the General Terms and Conditions, the Spanish version shall prevail.
The Agreement shall be governed by and construed in accordance with Spanish law.
Any dispute, controversy or claim arising out of or in connection with the Agreement between PARKIMETER and a Customer, which qualifies as a consumer (as defined under Royal Legislative Decree 1/2007, of 16 November, approving the Restated Text of the General Law for the Protection of Consumers and Customers), or the breach, termination or invalidity thereof, shall primarily be solved by voluntary agreement between the Parties. If the Parties are not able to reach an agreement, the dispute may, at Customer's request, be considered by the Municipal Consumer Information Office (Oficina Municipal de información al Consumidor “OMIC”) of the Customer’s locality, or the Directorate General for Consumer Affairs (Dirección General de Consumo) of the Customer’s Autonomous Community (Comunidad Autónoma). A dispute may also be settled before the applicable Spanish courts.
The Customer may use the European Commission´s online platform to send a complaint to PARKIMETER or the corresponding P-operator.
This section shall survive the termination of the Agreement.
PARKIMETER Customer Service answers questions regarding the Agreement and the Services provided by PARKIMETER during office hours/business days in Spain.
Phone number: +34 933 157 622 / e-mail address: info
For parking bookings in the premises of la red SABA, the files ownership will be of SABA APARCAMENT SANTA CATERINA, S.L., SABA PARK 3, S.L., SABA APARCAMIENTOS, S.A. o SOCIETAT D’APARCAMENTS TERRASSA, S.A., and you can exercise your rights by contacting Saba Aparcamientos, S.A., Av. Parc Logístic, 22-26, 08040 de Barcelona, email@example.com (ref. Datos Personales).
For parking bookings in the premises of Bremen Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Dusseldorf Airport , the particular conditions specified here shall be applied.
For parking bookings in the premises of Frankfurt Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Hamburg Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Hannover Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Munich Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Nuremberg Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Salzburg Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Vienna Airport, the particular conditions specified here shall be applied.
For parking bookings in the premises of Zenpark, the particular conditions specified here shall be applied.