ONLINE RESERVATION TERMS AND CONDITIONS

Terms and conditions for the provision of electronic parking space reservation services by the local branch „Parking Królewski” with its registered office in Gdańsk, ul. Bł. Ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk, which is a local branch of a legal person – the Roman Catholic Parish of Christ the King in Gdańsk, NIP: 583 271 5404; REGON: 040053301

 

When deciding to use the services of Parking Królewski via the website www.parking.gda.pl you automatically accept the terms and conditions set out in these Regulations. If you do not agree to the terms and conditions set out in the Regulations, please do not make online parking space reservations.

Section 1

General information

 

1. These Terms of Service (hereinafter: „Terms and conditions”) sets out the rules for using the online parking space booking services provided by Parking Królewski with its registered office in Gdańsk at ul. Bł. Ks. Franciszka Rogaczewskiego 55 (80-804 Gdańsk), NIP 583 271 5404, email address: [biuro@parking.gda.pl], telephone: (58) 690 71 19 (hereinafter referred to as: „Royal Car Park” or „Service provider”).
2.        Terms and conditions are available via the website located at www.parking.gda.pl.
3.        These Terms and Conditions constitute regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
4.        These Terms and Conditions set out in particular: the types and scope of services provided electronically by Parking Królewski, the conditions for the provision of such services, the terms and conditions for concluding and terminating agreements for the provision of services electronically, and the complaint handling procedure.

Section 2

Definitions

 

1. Service provider - Parking Królewski, being a local organisational unit of a legal person - the Roman Catholic Parish of Christ the King in Gdańsk, ul. ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk (NIP: 583 271 5404; REGON: 040053301).
2. Website – website located at www.parking.gda.pl, by means of which the Service Recipient may use the services provided electronically by Parking Królewski.
3.        Service user – a natural person, legal person or organisational unit without legal personality, to which the statute has granted legal capacity, who uses the Website in order to use the services provided by electronic means by Parking Królewski.
4. Services – services provided electronically by Parking Królewski consisting of making online reservations for parking spaces within the car park located at ul. Bł. Ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk.
5.        Agreement – parking space reservation agreement concluded online between the Service Recipient and Parking Królewski.
6.        Parking – parking located at ul. Bł. Ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk. Reserving a parking space in the selected Car Park only entitles you to use such a Car Park (on the basis of the agreement for the use of a parking space concluded thereafter).

Section 3

Services

 

1. Parking Królewski provides, via the Website, online parking space reservation services within the Parking selected by the Service Recipient, located at ul. Bł. Ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk.
2. All information, data and materials made available on the Website under the „Online parking reservation” tab (including, inter alia, names, logos and price lists) and all other intellectual property rights belong to Parking Królewski or the owner of the Website and are protected by copyright, trademark rights, database rights or other intellectual property rights.
3. It is not permissible to use the resources of the Website as a basis for the Service Recipient to conduct any business activity based on the information or tools contained on the Website.

§4

Conclusion and terms of the Agreement

Statutory and contractual right of withdrawal from the Agreement

 

1. The Service Recipient may use the Services available via the Website subject to meeting the technical requirements referred to in §5 of the Terms and Conditions and provided that they accept the provisions of these Terms and Conditions.
2.        The provisions of these Terms and Conditions constitute a binding agreement between Parking Królewski and the Service Recipient, and set out the legal basis and conditions of the Agreement, including the rights to the property—namely the surface-level car park located at ul. Bł. Ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk—to which the Service Recipient is entitled under the Agreement.
3. The parties to the Agreement are the Service Recipient and Parking Królewski. The Service Recipient hereby confirms that they have full legal capacity to perform acts in law and to enter into legally binding obligations, and by accepting the terms of these Terms and Conditions, they assume responsibility for the proper performance of the Agreement. The Service Recipient is prohibited from entering into the Agreement or making any payments under the Agreement using a false or another person's first or last name, using a false or another person's credit card or bank account, without the consent of the credit card or bank account owner, or in any other unlawful manner.
4. The conditions for concluding the Agreement are: the correct completion of the parking space reservation process by selecting the reservation criteria, the complete filling in of the Service Recipient's details, the acceptance of the terms and conditions of these Regulations, and the payment of the reservation fee.
5. The parking space reservation process requires:

a) the Service Recipient accessing the Website;

b) specification by the Service Recipient on the main page of the Website or in the „Online parking reservation” tab of the reservation term, i.e., the date and time of entry and the date and time of exit, as well as personal data (First Name, Last Name, e-mail address, telephone number) and car details (make and model, as well as the registration number used to identify the car by cameras installed in the parking lot and allowing free entry and exit during the reservation period). An optional discount code may be entered upon payment confirmation. The Service Recipient may make an online parking space reservation no later than 48 hours before the entry time to the Parking specified by the Service Recipient, and the reservation must be made for a period of at least 24 hours;

c) after entering the data referred to in point (b) above, in the “Fee” field the Service Recipient is informed of the fee for booking a parking space in the given Car Park (the price quoted is the gross price, unless expressly indicated otherwise), after which the Service Recipient accepts the entered data, the selection of the Car Park and the amount of the booking fee by clicking „Book” at the end of the field;

d) then the Service Recipient will be redirected to the online payment page;

e) By proceeding with the parking space reservation process, the Service Recipient consents to receiving information related to the performance of the Service by Parking Królewski by electronic mail to the provided e-mail address;

f) if the Service Recipient wishes to receive a VAT invoice for the provided Services, they are obliged to tick the relevant box „I want to receive a VAT invoice” and enter the required details. The Service Recipient hereby consents to receiving an electronic VAT invoice within the meaning of the applicable legal provisions in this regard. Based on the Service Recipient's details, Parking Królewski shall generate a VAT invoice in PDF format and send it by e-mail from the Service Provider's e-mail address specified in §4 section 12 below as an attachment to the e-mail address provided by the Service Recipient. The above consent also includes consent to the issuance and sending of corrective VAT invoices issued by Parking Królewski in the case specified in §4 section 12 below;

g) then the booking process requires acceptance of these Terms and Conditions

h) to make a parking space reservation, the Service Recipient is required to tick the appropriate box „I accept the online reservation terms and conditions”, in which they consent to the full performance of the Service by Parking Królewski;

i) following the entry of the data referred to in points (d) to (h) above and the pressing of the „Book” field, the Service Recipient is redirected to the website of the online payment system, where they will be able to choose a convenient system and payment operator.

j) Following acceptance of the payment operator's terms of service, the Service Recipient selects the payment method. Payment for the parking space reservation may be made by the Service Recipient via electronic transfer or by a card supported by the Payment Operator's service. The fee for booking a parking space online is calculated automatically based on the data entered by the Service Recipient into the reservation form;

k) upon successful payment for the parking space reservation, a confirmation email of the parking space reservation will be sent to the email address provided by the Service Recipient. The Service Recipient who has received the parking space reservation confirmation email is required to print this confirmation and place it behind the car windshield for the duration of parking within the Royal Car Park.

6. The Agreement is concluded at the moment the Service Recipient properly makes the payment for the parking space reservation. Confirmation of the full performance of the Service by Parking Królewski is the message sent by Parking Królewski to the e-mail address provided by the Service Recipient.

7. Proof of the parking space reservation by the Service Recipient is the printed confirmation of the parking space reservation in paper form. The lack of a printed, legible confirmation of the parking space reservation constitutes an obstacle to entering the Car Park. The above does not constitute a basis for the refund of the reservation fee paid by the Service Recipient.

8. Entry to the Royal Car Park at the selected time is based on the automatic reading of the licence plates provided in the online car park booking form by cameras located within the Royal Car Park.
9.    Following the concluded Agreement, Parking Królewski is obliged to ensure that the Service Recipient has access to a parking space in the relevant Car Park during the period specified in the concluded Booking Agreement. By entering the premises of such a Car Park and taking up a parking space by the Service Recipient, an agreement for the use of a parking space in accordance with the Car Park regulations is concluded between the Service Recipient and Parking Królewski. The Car Park regulations are available on the website www.parking.gda.pl. By entering into the Parking Space Booking Agreement, the Customer accepts the terms and conditions of the Car Park. The booking fee paid by the Customer in respect of the conclusion of the Parking Space Booking Agreement shall be set off against the charge for the use of the parking space at the Car Park to which the booking relates, provided that, if the Customer’s use of the parking space does not exceed the time specified in the booking, no additional charges will be levied on the Customer in this respect. In the event that the Service User exceeds the parking duration specified in the booking confirmation, they shall be obliged, before leaving the Car Park, to pay at the pay-on-use machine or at the Car Park Office the fee for using the parking space beyond the booked parking duration, in accordance with the rates set out in the. The Car Park Office can be contacted via the number provided on the website www.parking.gda.plor by pressing the „Contact Support” button located on the entry barrier, exit barrier and at the automated pay station.
10.     Under the Agreement, the Service Recipient is entitled to enter the Car Park after 00:00 (after midnight) on the day specified in the online car park booking process. This does not, however, in any way alter the period of time for which the parking space has been booked. Upon entering the Car Park, the Service Recipient shall occupy the first available parking space. The service covers only the Car Park to which the booking relates. The service does not apply to other car parks.
11. Subject to paragraph 12 below, the Service Recipient has no right to withdraw from the Agreement. This restriction does not apply to consumers, who may withdraw from the Agreement until the Service has been performed by Parking Królewski, i.e. until Parking Królewski sends an email to the address provided by the Service Recipient confirming the online parking reservation. Such withdrawal merely requires the consumer to send an email to the Service Provider's email address biuro@parking.gda.pl declaration of withdrawal from the Agreement, containing the following data: name and surname, e-mail address, car registration number provided during the booking process, and the entry time to the Car Park specified in the booking.
12.     If an Agreement is concluded under which the amount paid for the reservation exceeds PLN 240 gross per week or PLN 60 gross per day, there is a possibility of partial contractual withdrawal from the Agreement, to the extent exceeding the aforementioned amount. The Service Recipient has the right to such partial contractual withdrawal from the Agreement no later than 24 hours before the entry time to the Car Park indicated in the reservation. The Service Recipient is obliged to send the statement of partial withdrawal from the Agreement to the Service Provider's e-mail address biuro@parking.gda.pl. Under pain of nullity, the statement of partial withdrawal should contain the following data: first and last name, e-mail address, car registration number provided during the reservation process, the day of entry to the Car Park indicated in the reservation along with the online reservation confirmation. In the event of an effective partial withdrawal from the Agreement, the Service Recipient shall receive a refund of the reservation fee in the part exceeding the amount of PLN 240 gross per week or PLN 60 gross per day. The fee shall be refunded in the same form in which it was paid. The system automatically calculates fees in accordance with the following price list:

Price per day from the 1st to the 4th day – 60 PLN per day

Price per day from the 5th day – £30 per day

Price per day from the 10th day – £25 per day

Price per day from the 20th day – £20 per day

Price per day for bookings of more than 32 days – 60 zł per day

 

§5

Technical conditions of use of the Services

 

1. Proper use of the Website and use of the Services is conditional upon the ICT system meeting
   Users of the following technical requirements:

• Internet access,
• Email account,
• HTML5-compliant web browser with TLS support,
• PDF reader,
• A printer with a resolution of at least 600 dpi (dots per inch) capable of printing A4 format on white paper, producing legible print,

2. Parking Królewski bears no responsibility for technical problems or limitations in the computer hardware or software used by the Service Recipient which prevent or hinder them from using the Website.

§6

Responsibility

 

1. It is prohibited to use the Website (including the Services provided electronically) in a manner that contravenes applicable law, the provisions of these Terms and Conditions, or public decency.
2.           It is prohibited for the Service Recipient to transmit to Parking Królewski information and content of an unlawful or offensive nature, information that may be misleading, as well as content that may cause disruptions or damage to computer systems.
3.        Parking Królewski shall not be held liable for the Service Recipient's use of the website in a manner inconsistent with the provisions of these Terms and Conditions.

4.        Unless expressly stated otherwise, the materials, information or prices presented on the Website do not constitute an offer within the meaning of the Civil Code of 23 April 1964. (Journal of Laws of 1964, No. 16, item 93, as subsequently amended).

§7

Personal data protection

 

1. When using the online parking space reservation system, the Service Recipient will be requested to provide specific personal data in order to properly conclude and perform the Agreement. Providing the selected personal data by the Service Recipient is voluntary, but necessary for the provision of the given Service.
2.        The controller of the Service User’s personal data within the meaning of the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended) is Parking Królewski. Service Users’ personal data is processed in accordance with appropriate security measures that comply with the requirements of Polish law.

3.        The Service Recipient's personal data is processed for purposes related to the provision of selected Services and to the extent permitted by law, and may be shared with other entities cooperating with Parking Królewski only in connection with the provision of these Services.

4.        The service recipient has the right to access their personal data and the right to correct them.

§8

Complaints

 

1. Any complaints regarding the Services should be sent to the e-mail address: biuro@parking.gda.pl or by post to the address: Parking Królewski, ul. Bł. Ks. Franciszka Rogaczewskiego 55, 80-804 Gdańsk, within 7 days of the date on which the grounds for the complaint arose.
2.        Only complaints submitted in Polish will be considered.
3.        The complaint notification should include information regarding the following details of the Service Recipient making the complaint:

a) first name and surname provided during the booking process;

(b) the vehicle’s registration number;

c) email address or residential address and correspondence address;

d) subject of the complaint;

(e) a detailed description of the Service being advertised;

f) the reason for the complaint.

4. Complaints arising from a lack of familiarity with these Terms and Conditions, the Car Park’s terms and conditions and/or the provisions of applicable law will not be considered. In the case of Service Users who are not consumers, Królewski Car Park’s liability is limited to actual damage caused by wilful misconduct.

5.        Complaints will be considered by Parking Królewski within 21 working days from the date of delivery of the complaint.
6.        The person making the complaint will be informed of how the complaint has been dealt with by email or by post.
7.        The above provisions are without prejudice to consumers’ statutory rights arising from non-performance or improper performance of the Contract.
8.        If the Service Recipient does not agree with the Service Provider's decision to reject the complaint, they may refer the matter to the courts.
9.        In the event of a dispute, a Service User who is a consumer and who wishes to reach an out-of-court settlement with the Service Provider may refer the dispute to the Permanent Consumer Arbitration Court (SPSK) operating under the relevant Provincial Trade Inspection Authority, by submitting an appropriate application using the form available from the relevant SPSK or on the websites of the Provincial Trade Inspection Authorities.

§9

Final provisions

 

1. These Terms and Conditions shall come into force on the date of their publication on the Website and shall supersede all previous provisions on this matter.
2.        The Service Provider reserves the right to unilaterally amend the provisions of these Terms and Conditions or to introduce new ones, of which it shall notify the Service User by publishing such information on the Website. The new Terms and Conditions or amendments to the existing Terms and Conditions shall come into force on the date of their publication on the Website. For Contracts concluded prior to any amendment to the Terms and Conditions, the version of the Terms and Conditions in force on the date the Customer booked a parking space shall apply..
3.        In matters not covered by these Regulations, the provisions of Polish law shall apply, including, in particular, the provisions of the Civil Code of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as subsequently amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).