CAR PARK RULES AND REGULATIONS
1. Subject of the regulations.
The subject of the regulations is to define the rules for using the car park managed by APCOA Parking Polska Sp. z o.o., seated in Warsaw, 00-124, Rondo ONZ 1, entered into the Register of Entrepreneurs of the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division, under KRS no. 0000129400, share capital of PLN 3,000,000, REGON [Business Id No.] 012110239, NIP [Tax Id No.] 526-03-07-689 (hereinafter: “APCOA”) on behalf of Centrum Światowida Spółka z ograniczoną odpowiedzialnością seated in Warsaw at ul. Komitetu Obrony Robotników 45a (postal code: 02-146), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the KRS no.: 0000376009, share capital of in of PLN 62,300,500.00, NIP [Tax Id No.]: 524-27-26-128, REGON [Business Id No.]: 142768998,
2. To clarify the terms used in the Regulations, the following phrases shall have the following meanings:
2.1. Vehicle parking time – the period for which the Parking spot rental agreement was concluded;
2.2. Parking spot – a place designated to park Vehicles;
2.3. Customer – the renter of the Parking spot who is the owner or holder of the Vehicle, who enters the Car park with the Vehicle;
2.4. Additional fee – a contractual penalty in the amount indicated in the information included in the price list, payable by the Customer in the cases specified in clause 8 of the Regulations;
2.5. Car park – an area designated by APCOA and being an unguarded Car park, located in Galeria Północna in Warsaw;
2.6. Car park opening hours – the hours when the Car park is available to the Customers on the opening days of Galeria Północna in Warsaw from 6:00 a.m. to 1:30 a.m. (car park levels -1, -2, 2 and 3);
2.7. Regulations – the content of this document being the rules of the unguarded car park;
2.8. Vehicle – motor means of transport;
2.9. Rental agreement – Parking spot rental agreement concluded between the Customer and APCOA.
3. Conclusion of the Parking spot rental agreement.
3.1. By entering the Car park, the Customer concludes a Parking spot rental agreement with APCOA under the conditions set out in these Regulations and on the basis of the provisions of the Act of 23 April 1964 – Civil Code (including art. 69, art. 384 and art. 659).
3.2. The Rental agreement is concluded when the Vehicle is parked in the Car park and ends upon departure of the Vehicle from the Car park. Conclusion of the Rental agreement does not require the Customer to provide personal data.
3.3. In the event of not accepting the Regulations, the Customer has the right to withdraw from the Rental agreement within 10 minutes of entering the Car park. If the right to withdraw from the Rental agreement is exercised, it will be considered null and void and the Customer shall be obliged to immediately leave the Car park.
3.4. Leaving the Vehicle on the Car pack premises does not constitute the conclusion of a storage agreement within the meaning of art. 835 et seq. of the Civil Code or any other agreement that would make the Administrator responsible for any damage resulting from theft, impairment or destruction of the Vehicle caused on the premises of the Car park due to the reasons attributable to the Customers, third parties or force majeure, as well as responsible for the items left in the Vehicle or constituting equipment thereof.
4. Fee.
4.1. The Car park is free for the Customers during the opening hours of Galeria Północna, i.e. from 6.00 a.m. to 1.30 a.m. every day of the week. Parking the Vehicles in the Car park outside the opening hours of Galeria Północna is prohibited and results in charging the Additional fee.
5. Vehicle parking time.
5.1. The maximum uninterrupted parking time is 2 days, after this period the Car park user is obliged to leave the Car park area with the Vehicle. If the Car park user fails to leave the area, it is deemed that the Car park user uses the Parking spot without an agreement. The above limitation does not exclude the imposition of the Additional fee for leaving the Vehicle outside the hours indicated in clause 4.
6. Responsibilities of the Customer.
6.1. The Customer is obliged to pay the Additional fee imposed on them.
6.2. The Customer is liable for all damages caused to the Car park due to both reasons attributable to the Customer and those related to the Vehicle's stay at the Car park.
6.3. The Customer is obliged to use the Car park in such a way as not to hinder the use of the Car park for other Customers.
6.4. The Customer is obliged to park the Vehicle at a distance enabling access to neighbouring Vehicles to other Car park users and not to park the Vehicle:
6.4.1. in front of the entrance gate;
6.4.2. at pedestrian crossings;
6.4.3. on access and communication roads;
6.4.5. in designated and marked places (except for authorised vehicles);
6.4.6. in all places marked with parking prohibition.
6.5. The Customer is obliged to secure the parked Vehicle against theft or burglary, i.e. to close all doors, windows, boot and to switch on the alarm system, as well as to switch off the engine and lights of the Vehicle.
7. Rules for the use of the Car park.
7.1. The Car park is unattended.
7.2. The Car park is available during the Car park opening hours.
7.3. APCOA is not responsible for damages caused by reasons attributable to the Car park users or third parties.
7.4. The provisions of the Highway Code, these Regulations and all markings introduced by the Car park Administrator apply in the Car park. Moving the Vehicle on the Car park premises and parking must be done in accordance with the provisions and instructions contained in the Regulations. The Vehicle driver using the Car park is obliged to comply with:
7.4.1. road signs and any other vertical and horizontal markings in the Car park, including the prohibition to move the Vehicle along pedestrian routes marked with horizontal markings and speed limits;
7.4.2. rules of giving way to pedestrians;
7.4.3. Car park staff's instructions.
7.5. Maximum speed allowed at the Car park is 10 km/h.
7.6. It is forbidden to enter the Car park with Vehicles carrying dangerous substances, especially explosive, flammable or corrosive substances or substances dangerous for other Car park users or their property.
7.7. Activities forbidden at the Car park include: repairing, cleaning, vacuuming the Vehicles, changing cooling water, fuel or oil, smoking and using open fire, storing fuels, flammable substances and empty fuel containers, refuelling with the engine running, unjustified leaving the Vehicle with the engine running, polluting the Car park, parking the Vehicles with a leaky fuel filler and other activities that result in hazard at the Car park. The above does not apply to the performance of the above-mentioned activities in places clearly designated for this purpose, e.g. a car wash.
7.8. The Car park Administrator is not responsible for:
7.8.1. damage to the Vehicle left in the Car park;
7.8.2. theft of the Vehicle left in the Car park or burglary;
7.8.3 documents and items left in the Vehicle.
7.9. The Administrator shall not be responsible for damage to the Vehicle left on the Car park as a result of its improper parking or improper entry or exit from the Car park, or for damage caused by third parties, other Vehicles, or force majeure circumstances, including acts of God (in particular flood, fire, earthquake, lightning, hailstorm, extremely high or low air temperature).
8. Contractual penalties and compensation.
8.1. In a situation where the Customer:
a) leaves the Vehicle in the Car park outside the Car park opening hours;
APCOA shall be entitled to charge a contractual penalty in the form of the Additional fee in the amount specified in the price list.
8.2. If, until the end of the 12-hour parking period, counting from charging of the Additional fee, a given Vehicle does not leave the Car park, then APCOA shall be entitled to charge another Additional fee.
8.3. For each case of improper performance of the Rental agreement in the scope of the Customer's obligations indicated in clauses 6.1 to 6.4, as well as the rules for using the Car park indicated in clauses 7.4 to 7.7, regardless of the right under clause 8.1., APCOA shall be entitled to charge the Customer with a contractual penalty in the form of the Additional fee.
8.4. The Additional fee may also be charged if the Vehicle blocks the passage, fire road or occupies a spot intended for people with disabilities or other privileged entities without the appropriate authorisation.
8.5. APCOA shall place the original confirmation of charging of the Additional fee on the Vehicle, if possible on the Vehicle's windshield, the APCOA will retain a copy of the Additional fee confirmation.
8.6. The Additional fee shall be paid by making a payment in the manner indicated on the document confirming the charging of the Additional fee, referred to in clause 8.5, within the time limit indicated in the said document.
8.7. APCOA may claim damages exceeding the amount of contractual penalties reserved in these Regulations.
9. Vehicle towing.
9.1. APCOA or relevant public services are entitled to tow the Vehicle in the event of an emergency or in situations specified by law, as well as in the event of leaving the Vehicle in the Car park for more than 24 hours from entering the Car park.
9.2. In the event of the Vehicle being towed away, information on where the Vehicle has been left will be provided by APCOA, respectively, at the telephone number +48 500 113 580 or relevant public services in accordance with applicable law.
9.3. If the need to tow the Vehicle is due to reasons attributable to the Customer, then the towing costs will be reimbursed to APCOA by the Customer.
9.4. Any damage, including damage to Vehicles caused or sustained while moving and parking in the Car park, must be immediately reported by the driver to the security service of Galeria Północna and the Management of Galeria Północna by signing an appropriate declaration.
10. Costs and debt collection.
10.1. In justified cases and in accordance with applicable law, in the event of failure to timely pay:
a) the Additional fee, or
b) the compensation for improper performance of the Rental agreement, or
c) the towing costs in the case referred to in clause 9.3.,
the amounts due may be pursued through debt collection proceedings using the Vehicle owner's data obtained from the Central Register of Vehicles and Drivers (CEPiK). In justified cases resulting from applicable law, the Customer may be additionally charged with the cost of obtaining the Vehicle owner's data from CEPiK in the amount provided for in the relevant provisions, and in the event of an adjudication by a common court of the amount due to APCOA resulting from the provisions of the Regulations, also with the costs of enforcement proceedings and debt collection.
11. Personal data.
11.1. Upon entering the Car park, the Customer consents to the registration plate number being scanned and their personal data regarding the image being processed by video surveillance of the Car park and Galeria Północna. The vehicle registration plate number shall be used by the Administrator to supplement the monitoring of the Car park and to allow the Vehicle to be found in the Car park using the Galeria Północna application. The controller of the personal data collected on the basis of video surveillance is Centrum Światowida Spółka z ograniczoną odpowiedzialnością seated in Warsaw at ul. Komitetu Obrony Robotników 45A (postal code: 02-146).
11.2. In connection with the charging of the Additional fee, APCOA processes the Customer's personal data and is the personal data controller. Personal data is also processed for accounting purposes (including invoicing), internal and external debt collection, enforcement proceedings, as well as handling complaints. APCOA may also process data for the legitimate purposes of the data controller, which are, in particular, direct marketing of products and services, statistical data research and customer satisfaction research.
11.2. APCOA processes the following personal data: the Vehicle's registration number and the image of the person using the Car park in car parks where video surveillance is installed, and in the case of complaint, debt collection and enforcement processes, the following data is processed: full name, address, PESEL number, email address, telephone number, Vehicle registration number, Vehicle brand and image of the Customer using the Car park. Provision of personal data is an obligation resulting from the Rental agreement. Failure to provide the data in the case of complaint, debt collection and enforcement proceedings will result in obtaining this data from public records.
11.3. The recipients of the processed data are debt collection companies, providers of email services as well as parking and IT systems, as well as entities servicing these systems and devices on which they are installed, banks, Car park owners to the extent provided for in the agreement, and also entities to whom APCOA is obliged to share such data.
11.4. APCOA shall exercise due diligence to ensure that personal data is processed within the territory of the European Union, and if it is transferred outside its territory, it shall ensure that it is not used for purposes other than those for which it was collected and stored in a manner that guarantees an appropriate level of security.
11.5. Personal data will be stored for the duration of the Rental agreement, and after its completion for the period required by law, in particular for the period resulting from accounting regulations and for the period making it possible for APCOA to establish and pursue claims related to the Rental agreement.
11.6. APCOA respects the rights of each person related to the processing of their personal data. In particular, each person whose data is processed has the right to:
i. obtain information on data processing,
ii. access the data, request its rectification, supplementation and change,
iii. delete the data (“right to be forgotten”),
iv. limit data processing,
v. transfer the data,
vi. object to the processing of their data by APCOA in justified purposes as the data controller, including direct marketing of its products and services and profiling, as well as the right not to be subject to a decision based solely on automated processing.
11.7. APCOA shall exercise the above-mentioned rights, ensuring the possibility of submitting an appropriate application via email to the address parkingi@apcoa.pl, as well as in writing to the APCOA address with the indication “personal data”, with the proviso that:
a) the data subject has the right to access their data and the right to information on the data, however, this right may be actively exercised no more often than once every 6 months. More frequent use of the right to information and access to the data will be subject to a fee of PLN 50 paid to APCOA's bank account before APCOA executes the submitted application. This fee constitutes reasonable costs incurred by APCOA in connection with the exercise of the right of access and is permitted by law.
b) data subject has the right to request the deletion of their personal data, in particular when the data is no longer necessary for the purposes for which it was collected, in particular for the implementation of the Rental agreement. However, APCOA shall not be obliged to delete data where processing is necessary to:
a) exercise the rights and freedoms of expression and information,
b) fulfil the legal obligation to process under European Union law or Polish law, or to perform a task carried out in the public interest, in particular under the Accounting Act,
c) carry out archiving activities in the public interest, scientific or historical research purposes or statistical purposes,
d) establish, pursue or defend claims.
11.8. if the data subject objects to further processing for the purposes of marketing own products and services or profiling, APCOA will take into account such objection, but will continue to process the data in order to perform the Rental agreement, fulfil obligations arising from accounting regulations, consider complaints and conduct internal and external debt collection.
11.9. APCOA informs that a person charged with the Additional fee is not subject to decisions based solely on the automated processing of personal data.
11.10 In relation to the processing of data by APCOA, the data subject has the right to lodge a complaint with the Office for Personal Data Protection.
11.11. In order to ensure the highest level of protection of personal data processing, APCOA has appointed a Personal Data Protection Officer who can be contacted at the email address: parkingi@apcoa.pl, or in writing to the APCOA address.