Terms & Conditions of parkingcard.cz

These are the general Terms & Conditions of the parkingcard.cz service (hereinafter referred to as " TAC ") provided by the Company Parkingcard CZ, s.r.o. residing on,Bílkova 855/19,Praha 1 110 00, Tax Code: 08585539 registered in the Commercial Register kept by the Municipal Court in Prague under file no. C 321489 (hereinafter referred as " Operator ").

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

Parkingcard.cz service is available in Prague in accordance with generally binding legal rules (including local rules of the relevant district or rules valid for all of Prague), traffic signs, and instructions in the vicinity of the place where the User intends to park their vehicle on.

Operator is not the operator of the Parking space or Payment Services portal, which are the basis on which the use of the parkingcard.cz service is paid.

The Operator shall not be liable for any damage or injury incurred based on legal reason in defective performance of third parties.

These TAC are an integral part of the Contract concluded electronically between the Operator and the User.

I.

Glossary of Terms and Interpretations

The address is an email address of the user, of User, which he enters when booking a PPO.

Parking time is a period of time, during which the User has the PPO reservation.

Parking space is the parking place selected by the User.

Parking fee is a cash payment in CZK / Euro paid to the Operator for using the service parkingcard.cz.

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

Payment transactions made for the purposes of these TAC means transferring a non-cash sum of money for the purpose of using the parkingcard.cz service.

Confirmation of Parking end time means an email message that arrives at the User's address shortly before the end of the parking time.

Confirmation of Payment Transaction and Reservation means an email message that will be sent to the User's Address after implementation of the Payment Transaction and informs them of the Execution of a Payment Transaction and the reservation of a PPO for the parking time range required.

Confirmation of Parking start time means an email message that will be sent to the user‘s address at the start time of the parking time together with the PPO number.

PPO is transferable parking permissions that allows the User to choose a Parking place in accordance with the Parking Rules.

Parking rules are all generally binding rules (including local rules of the relevant district or/and rules applicable to all of Prague), traffic signs, and instructions in the vicinity of the place where the User intends to park their vehicle on.

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

Reservations made for the purposes of these TAC means the User's request for the use of PPO within the parkingcard.cz service for a predetermined period of parking time.

The Website for the purposes of these TAC means the Operator's (Internet) website at https://www.parkingcard.cz.

Contract is a contract for services provided by parkingcard.cz, which enables sharing PPOs between Users for a fee.

The parkingcard.cz service allows sharing PPOs between Users for a fee.

Parking rate is a 24-hour period with the fixed Start time.

Completed Payment Transaction means for the purposes of these TAC, the crediting of the monetary amount to the Operator's bank account, which amounts to the payment of Parking fee.

User is a person using a PPO.

II.

Subject Matter of Contract

  1. Subject Matter of Contract between the Operator and User is to allow the User to use the parkingcard.cz service for parking in the selected Parking time in Prague, under the conditions laid down in the Parking Rules.

III.

Conclusion of Contract

  1. Display of the button with " Book " in the web user interface suggests the Conclusion of Contract by the Operator.
  2. Clicking on the button " Book " by the User is an unreserved acceptance of the proposal for Conclusion of the Contract by the User and by this act the Contract is concluded.
  3. By clicking on the button " Book " the User also agrees with these TAC.

IV.

Booking of PPO

  1. The User can use the Web to carry out on-line Reservation (PPO) in the selected Parking time.
  2. The parkingcard.cz service allows you to choose you between two fares with two different start times 10 AM and 15 PM. Time Range of Parking time is always 24 hours. It is not possible to book a PPO for a shorter time than 24 hours .
  3. When making a reservation for a PPO, the user sends a completed form to the Web site with: the address of the intended parking place (e.g., Panská 1) (the address of the neighborhood you are interested in applying a PPO in), Address, license plate for which they wishe to book a PPO, the date and start time of the reservation of the PPO.
  4. If the selected term of PPO Reservation is available, User is redirected to the Payment Gateway.
  5. The PPO reservation is complete by making a Payment transaction and by sending an email in accordance with the following paragraph.
  6. Confirmation of a properly made Reservation and Payment transaction will be delivered to the User in the form of an email Confirmation of Payment transaction and Reservation sent to the Address.
  7. Confirmation of Reservation and Payment transaction contains legally required information and serves as a tax document.
  8. In case of incorrectly filled data during the Reservation or the Payment transaction process, the User is obliged to notify the Operator immediately by email and provide correct data in no later than 3 hours from the receipt of an email Confirmation of Payment transaction and Reservation sent to the Address. If this obligation is not fulfilled, the Operator is not responsible for any injuries incurred. This is particularly the case when the User fills in the incorrect license plate or Address and therefore the User is fined for unauthorized parking. In case that User does not request the change of necessary data within 3 hours under this provision, User is not able to claim right for reservation or refund of the Parking fee and its provision is a matter of the Operator's possibilities and discretion. The provider will not take into account the request for data change if such a request is sent after the start time of the Parking Time.
  9. The reservation is valid for a specific User with the license plate entered during the Reservation. The PPO reservation must not be further stolen, so it must not be sold, transferred, donated, or otherwise transferred to a person other than the User.
  10. At the time of Parking Start Time, the Confirmation of Parking Start time containing PPO is sent to the Address.
  11. When the Parking End time is approaching the Confirmation of Parking End time is sent to the Address.

V.

Cancellation and Refund Policies

  1. The user can file a claim for payment of the same sum of money as the fine for unauthorized parking determined by the competent administrative authority (e.g., municipal police force) and other related costs (towing fee), if all the conditions set out in this article of the Cancellation and Refund Policies were met, especially in the case of failure of the technological system of Technical Road Administration handling the parking of the City of Prague or other administrators of Prague Parking Zones.
  2. Complaints must be made within 7 days from the moment when the User receives the fine.
  3. Complaints must be sent as an email to the email address of the Operator advertising@parkingcard.cz
  4. A complaint must inlcude the following:
  • Address - the user must submit the complaint from the Address used for Parking spot Reservation;
  • Scan of the copy or other conclusive visual record of the document or documents that the User paid the fine and/or other related expenses incurred. The following must the documents contain in particular:

  • License plate of the vehicle used for the Reservation;
  • time of the fine at the time User rightfully uses the service of parkingcard.cz;
  • document confirming the time when the User received the fine;
  • address, as the parking space;
  • stamp of the administrative authority imposing the fine placed on the document issued by the administrative body imposing a fine for unauthorized parking.

  • Phone number for any personal contacting by the Operator;
  • User account number, including other necessary information in case the sum of money is sent to the User's bank account opened with the bank outside of the Czech Republic to send the sum by non-cash transfer if the claim is recognized.

The Operator is not obliged to accept the claim if the claim application does not contain all necessary information under this provision.

  1. In case of acceptance of the claim by Operator, Operator shall pay the User an assessed fine, towing fee, and Parking fees. In order to pay the sum of money specified in the previous sentence, it is necessary to send the original documents to the Operator that prove the claim.
  2. The complaint will be processed as soon as possible no later than thirty (30) days from the date of its application. The User will be informed immediately about the claim settling.
  3. The Operator is not responsible for a situation where a fine or other costs incurred will be given as a result of incorrectly entered data by User or of the failure to comply with the Parking Rules by the User. The case of incorrect data according to the previous sentence shall also include a situation in which the User incorrectly enters data when booking a PPO pursuant to Article IV. of these TAC and asks for correction of these data according to par. 8 of Article IV. of these TAC after commencing the Parking Start time.

VI.

Processing of personal data

  1. Parkingcard.cz service includes the processing of personal data of Users who are natural persons. Although it is processing of personal data, for the Processors, these Users are not the data subjects that must be identified within the meaning of Article 11 of Regulation 2016/679 on the data protection and privacy of individuals and on the transfer of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
  2. Despite the above, Operator processes and protects your personal data in full compliance with applicable law.
  3. Details about the processing of personal data by the Operator can be found on the website under Privacy Policy.

VII.

Further arrangements

  1. The Operator reserves the right not to confirm or even refuse a Reservation of a PPO or Payment Transaction if the PPO is not available in the selected Parking Time
  2. When using the parkingcard.cz service, the User is always obliged to obey the Parking rules , that means generally binding legal rules (namely local rules of the city district or rules applicable for all of Prague), traffic signs and instructions in the vicinity of the place where the User intends to park their vehicle on.
  3. The User is aware that parking zones for different city districts may overlap on one street (for example, Panská Street can be partially in the parking zone for both Prague 1 and Prague 2). The User is only allowed to park in the zone according to the PPO reservation. If the User has, for example PPO reservation within the zone of Prague 1, then they can not park with such a PPO in the different overlapping zone (for example, Prague 2), although the two parking zones overlap on the same street. Complaints in case of the incorrectly selected zone by the User will not be accepted.
  4. The user is aware that parkingcard.com does not allow reservation of the specific parking spot, but the use of a PPO, if the User finds Parking place in accordance with the Parking Rules.
  5. The Operator is not responsible for any vehicle damages (or its parts and accessories) parked in parking places within the use of parkingcard.cz services, as well as on items brought or left in such a vehicle. The User is fully aware that the parkingcard.cz service only allows the sharing of PPOs and is not a service of paid parking or similar service.
  6. Detailed information about parking zones can be found on the following website:

VIII.

Dispute Resolution

  1. If a dispute occurs between the User and the Operator in the connection with the Contract and it fails to be amicably resolved, the User may submit a proposal for out-of-court settlement of such a dispute to a designated entity for the settlement of consumer disputes, which is the Czech Trade Inspection Authority.
  2. These TAC, as well as the Contract, shall be governed by the legal order of the Czech Republic, in particular by the Civil Code.
  3. Any disputes arising out of of these TAC will be decided by the competent courts of the Czech Republic.

IX.

Mandatory information for Users - consumers

  1. This Article of the TAC is effective only against a User who is also a consumer. The provisions stated in this Article of the TAC do not apply in particular on entrepreneurs - sole traders and/or trading companies.
  2. The Operator hereby informs Users that:

  • Address for service of documents to the Operator is identical with the above-mentioned address of the Operator's registered office.
  • The Operator's telephone contact is +420 604 396 686
  • Operator's email address for electronic mail delivery is info@parkingcard.cz
  • Parking fee for using the parkingcard.cz service by the User includes all taxes and fees.

X.

Final provisions

  1. Rights and obligations between the Operator and the User, which are not regulated in the TAC, are in particular governed by the relevant provisions of civil law, especially by the Civil Code, and other generally binding legal rules.
  2. These TAC, as well as their changes, come to have legal force and effect by posting them on the Website.
  3. If some provisions of these TAC are or become invalid, ineffective or unenforceable, the remaining provisions of the TAC remain valid, effective and enforceable.
  4. The operator is not liable for an injury caused to the User by breaching the obligations under the TAC, and for such a breach that occurs as a result of an obstacle that occurred independently of the will of the Operator and prevents the fulfillment of their obligation, and if it is not reasonable to assume that the Operator will avert or overcome this obstacle or its consequences, and further that the obstacle could be anticipated at the time of the Treaty.
  5. If necessary, it is possible to contact the Operator:

  • By email at info@parkingcard.cz; and
  • by phone on +420 604 396 686

These Terms & Conditions are valid and effective from 1.1.2020.