General Terms and Conditions of the parkingcard.cz

These are the general terms and conditions of the parkingcard.cz service (hereinafter referred to as the "GTC"), which is provided by Parkingcard CZ, s.r.o., with registered office at Bílkova 855/19,Praha 1 110 00, ID No.: 08585539, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 08585539 (hereinafter referred to as the "Operator").

These GTC regulate the rights and obligations of the contracting parties when using the parkingcard.cz service within the meaning of § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "CC").

The parkingcard.cz service is available in Prague, in accordance with generally binding legislation (including local rules of the relevant municipal district or rules applicable to the whole of Prague) and traffic signs or traffic instructions in the place where the User intends to park.

The parkingcard.cz service is available in Prague 1 - Prague 8.

The Operator is not the operator of parking spaces or the payment portal, on the basis of which the use of the parkingcard.cz service is paid.

The Operator shall not be liable for any damage or injury having a legal basis in defective performance of third parties.

These GTC are an integral part of the Agreement, which was concluded electronically between the Operator and the User.

I.

Definition and interpretation of terms

A PPO is a transferable parking permit that allows the User to choose a parking space in accordance with the Parking Rules.

The Parking Rules are any generally binding regulations (including local rules of the relevant municipality or rules applicable to the whole of Prague) and traffic signs or traffic instructions in the place where the User intends to park when using the PPO.

The Operator is the company Parkingcard CZ, s.r.o., providing the sharing of the PPO between the Users of the parkingcard.cz service.

The User is the person who uses the PPO.

The address is the email address of the User, which he/she enters when booking the PPO.

Parking period is the period of time for which the User reserves the PPO.

Tariff is a time period of 12 or 24 hours with a set start of the Parking Period.

Parking Space is the parking space selected by the User.

Parking fee is a monetary payment in CZK / Euro to the Operator for the use of the parkingcard.cz service.

The payment gateway allows the User to pay for the use of the PPO within the parkingcard.cz service.

For the purposes of these GTC, a payment transaction is understood to be a non-cash transfer of a sum of money for the purpose of using the parkingcard.cz service.

For the purposes of these GTC, a reservation means a User's request to use the PPO within the parkingcard.cz service for a predetermined Parking Period.

Confirmation of the Payment Transaction and Reservation means the email message sent to the User's address after the Payment Transaction has been made, informing the User that the Payment Transaction has been made and that the PPO has been reserved for the time period of the Parking Period requested by the User.

For the purposes of these GTC, Website means the Operator's internet (web) site at www.parkingcard.cz.

The Agreement is a contract for the use of the parkingcard.cz service, which allows for a fee the sharing of PPOs between Users.

For the purposes of these GTC, a Payment Transaction means the crediting of a sum of money to the Operator's bank account, the amount of which corresponds to the payment of the Parking Fee.

The parkingcard.cz service allows sharing of PPOs between Users for a fee.Pravidla parkování jsou veškeré obecně závazné předpisy (a to včetně místních pravidel příslušné městské části či pravidly platnými pro celou Prahu) a dopravní značení či dopravní pokyny v místě, kde Uživatel zamýšlí parkovat při využití PPO.

II.

Subject Matter of Contract

  1. The subject of the Agreement between the Operator and the User is to allow the User to use the parkingcard.cz service for parking in Prague for the selected Parking Period for a Parking Fee, under the conditions set out in the Parking Rules.

III.

Conclusion of Contract

  1. The display of the "pay now" button in the user interface of the Website is a proposal for the conclusion of the Agreement by the Operator.
  2. The User's clicking on the "pay" button is the User's unconditional acceptance of the proposal to conclude the Contract and this action constitutes the conclusion of the Contract.
  3. By clicking on the "pay" button, the User also agrees to these GTC.

IV.

Reservation of the PPO

  1. Through the Website, the User can make an on-line PPO reservation at the selected Parking Period.
  2. Parkingcard.cz allows you to choose the minimum range of the Parking Period, either 12 hours or 24 hours. It is not possible to book a PPO for less than 12 hours.
  3. Parkingcard.cz also allows you to choose from different time tariffs:
    • - 12-hour tariffs starting from 6:00h, 9:00h, 12:00h, 15:00h, 18:00h - however, the number of PPOs is limited and may not be available for some parking zones.
    • - 24-hour tariffs starting from 6:00h, 8:00h, 10:00h, 12:00h, 14:00h, 16:00h, 18:00, 20:00 - however, the number of these tariffs is limited by the number of PPOs and may not be available for some parking zones.
  4. When making a Reservation, the User sends a completed form to the Website with the following information: the address of the intended parking (e.g. Panská 1) (i.e. the address in the vicinity of which you are interested in redeeming the PPO), the Address, the license plate number for which you wish to reserve the PPO, the date and time of the start of the PPO reservation.
  5. If the User wishes to issue an invoice to a company, he/she selects this option in the above web form. Then he/she fills in the company ID number and the system will automatically issue the invoice after payment.
  6. If the date selected for the Booking is available, the User is redirected to the Payment Gateway.
  7. The PPO booking is completed by completing the Payment Transaction and sending an email as per the following paragraph.
  8. Confirmation of the duly executed Booking and Payment Transaction will be delivered to the User via the Payment Transaction and Booking Confirmation email sent to the Address.
  9. The Payment Transaction and Booking Confirmation contains the legally required information and serves as a tax document.
  10. In the event of incorrectly filled in data during the Booking or Payment Transaction, the User is obliged to notify the Operator by email immediately, i.e. within 3 hours of receiving the Payment Transaction and Booking Confirmation email sent to the Address, and to provide the correct data. At the same time, the Operator must notify the Operator before the start of the Parking Period. Failure to comply with this obligation shall not render the Operator liable for any damage caused thereby. In particular, this is the case if the User fills in the wrong number plate or address and the User will be fined for unauthorised parking as a result. In the event that the User does not request a correction within 3 hours as per this provision, neither the Reservation nor the refund of the Parking Fee shall be entitled and shall be at the Operator's discretion. The Operator will disregard a request for correction of completed data if such request is sent after the commencement of the Parking Period.
  11. The Reservation is valid for the specific User with the license plate number entered during the Reservation. A PPO Reservation may not be further alienated, i.e. sold, transferred, gifted or otherwise transferred to a person other than the User.

V.

Complaints Procedure

  1. The User may file a claim to the extent of the fine for unauthorized parking according to the decision of the competent administrative authority (e.g. the Municipal Police) and other related costs (the amount for towing), subject to the conditions specified in this article of the GTC, especially in cases where there is a failure of the technological parking system of the City of Prague or the Operator.
  2. The claim must be filed within 7 days from the moment the User receives the document with the fine.
  3. The complaint must be made by sending an email to the Operator's email address fakturace@parkingcard.cz
  4. Information necessary to establish a claim:
    • Address - The User must send the claim from the Address used for the Booking;
    • A scanned copy or other conclusive visual record of the document(s) on which the penalty and other related costs were assessed. These documents must include, but are not limited to:

    • The registration number of the vehicle as per the Booking;
    • the time the fine was issued while the User was lawfully using the parkingcard.cz service;
    • a document confirming the time when the User received the fine document;
    • the address or location of the Parking;
    • the stamp of the fining administrative authority on the document issued by the administrative authority imposing the fine for unauthorised parking.
    • Telephone number for any personal contact by the Operator;
    • The User's account number, including other necessary information in case of sending the amount of money to the User's bank account held with a bank outside the Czech Republic for sending the amount in a non-cash way, if the claim is accepted.
  5. The Operator is not obliged to accept the claim if the claim request does not contain the necessary information according to this provision.
  6. In case of acceptance of the claim by the Operator, the Operator shall pay to the User the assessed fine, the towing costs and the Parking Fee. In order for the amount according to the previous sentence to be paid, the original documents according to which the claim is made must be sent to the Operator.
  7. The User will be informed of the settlement of the claim promptly.
  8. The Operator shall not be liable for situations where the fine or other related costs are due to incorrectly entered data by the User or the User's failure to comply with the Parking Rules. A case of incorrectly entered data according to the previous sentence is also considered a situation where the User incorrectly enters data when booking a PPO according to Article IV of these GTC and requests the correction of these data according to paragraph 8 of Article IV of these GTC after the start of the Parking Period.

VI.

Processing of personal data

  1. The parkingcard.cz service processes the personal data of Users who are natural persons. Although this involves the processing of personal data, for the Processor these Users are not data subjects who must be identified within the meaning of Article 11 of Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
  2. Despite the above, the Operator processes and protects your personal data in full compliance with applicable law.
  3. Detailed information on the processing of personal data by the Operator can be found on the Website in the Privacy Policy section.

VII.

Further arrangements

  1. The Operator reserves the right not to confirm or to refuse a Booking or Payment Transaction in the event that PPO is not available during the selected Parking Period. The number of PPOs is limited.
  2. When using the parkingcard.cz service, the User is always obliged to comply with the Parking Rules, i.e. generally binding legal regulations (including local rules of the relevant municipal district or rules valid for the whole of Prague) and traffic signs or traffic instructions in the place where the User intends to park.
  3. The User is aware that parking zones for different districts may overlap on the same street (for example, Panská Street may be partially in the parking zone for both Prague 1 and Prague 2). The User is entitled to park only in the zone according to the PPO Reservation. For example, if the User has a PPO Reservation within the Prague 1 zone, then the User cannot park with that PPO in an overlapping different zone (e.g. Prague 2), even though both parking zones overlap on the same street. Complaints in case of incorrectly selected zone by the User will not be accepted.
  4. The User is aware that the parkingcard.cz service does not allow the reservation of a specific parking space, but the use of PPO if the User finds a parking space in accordance with the Parking Rules.
  5. The Operator shall not be liable for any damage to vehicles (or their parts and accessories) parked in the Parking Stations within the framework of the use of the parkingcard.cz service, as well as to items brought into or left in such vehicle. The User is fully aware that the parkingcard.cz service only allows the sharing of PPOs and is not a paid parking service or similar service.
  6. Detailed information about parking zones can be found on this website:

VIII.

Dispute Resolution

  1. In the event that a dispute arises between the User, who is a consumer, and the Operator in connection with the Contract, which cannot be resolved amicably, the User may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority.
  2. These GTC, as well as the Contract, are governed by the law of the Czech Republic, in particular the CC.
  3. Any disputes arising on the basis of these GTC shall be adjudicated by the courts of the Czech Republic having jurisdiction in the matter and place.

IX.

Mandatory information for Users - consumers

  1. This article of the GTC of the Terms and Conditions is effective only with respect to the User who is a consumer. The provisions set out in this article of the GTC do not apply in particular to entrepreneurs - sole traders or commercial companies.
  2. The Operator hereby informs the User that:

  • The telephone contact of the Operator is +420 604 396 686 between 7 a.m. and 10 p.m.
  • The Operator's email address for delivery of electronic mail is info@parkingcard.cz
  • The parking fee for the use of the parkingcard.cz service by the User is set including all taxes and fees.

X.

Final provisions

  1. The rights and obligations between the Operator and the User not regulated in the GTC are governed primarily by the relevant provisions of civil law, in particular the CC and other generally binding legal regulations.
  2. These GTC, as well as their amendments, become valid and effective upon their publication on the Websit
  3. In the event that any provision of these GTC is or becomes invalid, ineffective or unenforceable, the remaining provisions of these GTC shall remain valid, effective and enforceable.
  4. The Operator shall not be liable for any damage caused to the User by a breach of obligations under the GTC if such breach is due to an obstacle that has occurred independently of the Operator's will and prevents the User from fulfilling his/her obligation, if it cannot be reasonably assumed that the Operator would have averted or overcome such obstacle or its consequences, and furthermore that he/she would have foreseen such obstacle at the time of the Agreement.
  5. If necessary, the Operator may be contacted:

  • By email to info@parkingcard.cz;
  • by phone on +420 604 396 686 between 7am and 10pm.

These GTC are valid and effective from 1.4.2022.