I. CONCLUSION AND PURPOSE OF THE CONTRACT
I.1. When a vehicle is parked in the parking area (“parking”), a contract for the use of the parking space is concluded between:
GSG-PARKING SOLUTIONS S.R.L., based in Iași, Stihi str., Stihi block, et. 1, app. 1, CUI 48625861,
(hereinafter referred to as “GSG”)
and the User of the parking lot (hereinafter referred to as “the user”).
I.2. The contract is based on the general terms and conditions (GTC) listed below.
I.3. The object of the contract is the free use of the parking lot, subject to providing a parking space for the temporary parking of a vehicle (car, motorcycle, etc.).
I.4. The contract does not cover the guarding, monitoring or safekeeping of parked vehicles or the provision of insurance coverage or other indemnification or compensation obligations. GSG is not responsible for any immediate or subsequent consequences, direct or indirect, of non-compliance with these Parking Regulations by drivers or any other person.
I.5. The parking lot is private property, but with a public road traffic regime where the traffic rules provided by the Emergency Ordinance regarding traffic on public roads (EOG no. 195/2002), the Regulation on the application of OEO no. 195/2002, as well as and the rules provided in the following.
I.6. Access to the parking lot requires the acceptance by all car drivers of the present Regulations for the use of the car park, as well as the observance by the car drivers of the traffic and parking rules.
I.7. The contract ends automatically when the vehicle is removed from the parking lot, subject to the fact that the user will have paid the services or any penalties due.
I.8. Information regarding the conditions for concluding subscriptions related to parking can be obtained by e-mail, at …@…….. .
II. PARKING DURATION, PARKING TIME PROOF
II.1. Parking is only allowed temporarily and for a limited time. The maximum permitted parking time is indicated on the signs.
II.2. The user is obliged to provide proof of the start of his use (“time of arrival”) at any time by using a parking disk. The arrival time must be set on the parking disk and placed behind the windshield so that it can be seen at all times from the outside and the arrival time can be clearly read. If a parking disc is not available to the user, he must note the time of arrival and place this proof behind the windshield in place of the parking disc. A later change of arrival time is not allowed.
II.3. Separately designated parking spaces and parking areas, especially parking spaces for persons with severe disabilities or for women, may only be used by those authorized to do so. The permit to use a severely disabled parking space must also be placed behind the windshield so that it can be seen from the outside.
III. SPECIFIC PARKING USE OBLIGATIONS
III.1. The parking is only intended for vehicles. The vehicles equipped with trailers may be subject to a specific tariff.
III.2. The driver of the vehicle has the obligation to park the vehicle only in a space marked for parking.
III.3. In addition, parking must save space in such a way that other users are not affected by the parked vehicle.
III.4. Drivers have the obligation to pay attention and respect the meaning of the signs installed in the perimeter of the Parking, of all displayed information. If any security guards are present on site, their instructions are mandatory.
III.5. It is prohibited:
a) the use of marked places reserved for motor vehicles of persons with reduced mobility, by persons who are not in such a situation;
b) parking vehicles outside the marked areas, in areas that are not intended for parking vehicles or where there are signs prohibiting parking;
c) parking vehicles on more than one parking space;
d) parking of motor vehicles in front of entrances or access roads;
e) the use of covered underground and above-ground parking by vehicles with LPG installation only for ;
f) advertising, of any nature, in any way, within the Parking lot;
g) leaving unattended babies, animals, flammable substances or other dangerous objects in the vehicle.
III.6. The maximum period of time in which a vehicle can be parked in the parking lot is ___ hours and after this interval, the vehicle will be:
a) removed by the Parking Administration or its representatives and transported outside the Parking with the User bearing all related costs;
or
b) blocked by the Parking Administration or its representatives with the User bearing all related costs;
c) may be subject to a fine applied according to the provision hereby.
III.7. The user agrees that the Parking Administration or its representatives will have the right to pick up and store the vehicle outside the Parking lot, or block the vehicle, in case of improper parking and/or abandonment of the vehicle for a period of more than ___ hours, in which case he will bear all the costs of picking up and storing or blocking and unlocking .
III.8. The lifting of the respective vehicle and its towing outside the Parking lot will be announced by GSG by placing a warning in the windshield or side window of the improperly parked vehicle by which the driver will be notified that, in the situation in which he will not immediately park the vehicle properly and in compliance the rules of the Regulation and Parking, the vehicle will be lifted and towed out of the parking lot. For any query or misunderstandings regarding the enforcement of these procedures, the Client can contact the Park administration by e-mail, at ……@………. . The administration will provide an official answer in 1 working day term.
III.9. If a vehicle is parked improperly, on an unmarked space or that is not intended for parking vehicles, including the case where a vehicle is parked on a curb and/or restricts the movement in the respective perimeter, or blocks the entrance or exit from the Parking, the paths of access, etc., the respective vehicle will be immediately lifted and towed outside the Parking lot, or the respective vehicle will be blocked in the place where it was located within the Parking lot, without the need to pass a period of _______ hours and without prior warning. All costs of these operations will be borne by the User of the vehicle, including the unlocking fee of __________ .
III.10. The vehicle locking and unlocking procedure involves locking the front left wheel of the vehicle. To prove the violation of the provisions of the Parking Regulations, the vehicles will be photographed before and after the wheel is locked.
III.11. The users understand and undertake that the unlocking procedure will be performed only during the working hours.
III.12. Users agree that GSG and/or the nearby Retail Center are not responsible for damages and/or damages of any nature suffered by users or vehicle owners who proceed to force vehicle locking equipment.
III.13. Users are obliged to comply with P.S.I. specific, being directly responsible for any damages caused.
III.14. Users have the obligation not to carry out maintenance or repair work, beautification or snow removal of vehicles, within the Parking.
III.15. To avoid accidents, drivers have the obligation not to leave the vehicle’s engine running while stationary or parked.
III.16. The detection of violations is done in accordance with this Regulation and in compliance with the provisions of the legislation in force regarding traffic on public roads, by GSG agents.
III.17. Any complaint related to the use of the parking lot will be sent to the email address ____@____________ . The answer will be communicated in a 3 working days term.
IV. CONTRACTUAL PENALTIES
IV.1. If the user violates an obligation arising from Section II of these General Terms and Conditions, the user undertakes to pay a contractual penalty (“P”) in the amount of __________. The contractual penalty is due in particular if the user:
a) parked the vehicle without a parking disc (proof of parking time);
b) did not establish or write down any arrival or incorrect time on the parking sheet;
c) the arrival time has not been established from the outside or cannot be clearly read;
d) the vehicle has not been parked in designated parking spaces or in a space-saving manner in accordance with Section III of the General Terms and Conditions;
e) has exceeded the maximum period of use allowed in accordance with II.1 of the General Terms and Conditions;
f) exposes the vehicle for sale in the parking lot;
g) parks his vehicle in fire brigade access, loading areas or other prohibited parking areas (Section II. 2 of the General Terms and Conditions).
IV.2. If one of the aforementioned violations by a user extends over several consecutive calendar days (continuous violation), a contractual penalty of __________ for each calendar day begun, but with a maximum total amount of _________ , will apply.
IV.3. The user will be exempt from paying the penalty if he proves that he is not responsible for the violation. In this regard, the User has the burden of proof.
V. PAYMENT METHODS
V.1. The contractual penalty is due immediately and must be transferred to GSG by the user within seven calendar days. GSG’s bank details, payment options and intended use will be communicated to the user in the form of a written warning on the parked vehicle.
V.2. If the contractual penalty is not paid, is not paid on time or is not paid in full, GSG will proceed to carry out recovery measures, which will involve in the first phase an inquiry regarding the identification data of the user and the issuing of a summons of payment.
V.3. All costs generated by these steps will be borne by the User.
VI. LIABILITY
VI.1. Any damages caused to own vehicles as well as to other vehicles or to the adjacent building or any part of it, stationary in the Parking lot, will be fully borne by the guilty parties.
VI.2. The destruction of any goods located in the Parking (including but not limited to barriers, hydrants, trash cans, etc.) and/or the removal of the vehicle from the Parking by any person without paying the Hourly Rate due attracts the application of an additional rate in the amount of ____________. as well as bearing the amount of damages caused by the person in question.
VI.3. Users are advised not to leave valuables visible in vehicles. The administration of the Parking, respectively of the adjacent shopping center is not responsible for any damages, injuries or thefts that may occur in the Parking.
VI.4. GSG assumes no responsibility for incidents related to traffic safety or the maintenance and care of the parking area.
VI.5. In any case, GSG’s liability will be incidental only in cases where the possible damage will be proven to have been caused with intent or gross negligence.
VI.6. In any case, GSG’s liability will be limited to the amount of fees paid by the User for the provision of services
VI.7. GSG does not assume and will not be liable for loss of profit, costs, indirect or consequential damages and moral damages that would result from possible breaches of its obligations or in the case of damages caused by natural events, force majeure or third parties.
VI.8. To the extent that the contractor’s liability is excluded or limited, this also shall apply to the personal liability of its representatives and employees.
VI.9. Any claim of the User against GSG must be reported to the address: _____@_____________ within a maximum of 15 days from the date of the incident. If the User does not report, for any reason, including fault, the incident and the claim within the mentioned term, GSG is exempted from any responsibility.
VII. PROTECTION OF PERSONAL DATA
VII.1. During the execution of this contract, the parties will respect the GDPR (EU 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, in force from 05.25.2018).
VII.2. The personal data collected in connection with the existing contractual relationship may refer to the following categories of personal data: data that can lead to the identification of a natural person, either directly or by correlation between them, such as name, surname, photo, video image, age, gender, nationality, home address/residence, email address.
VII.3. The persons concerned are the natural persons who use the parking area and whose personal data are processed.
VII.4. The legal basis for the collection and processing of personal data is, according to art. 6, para. (1), lit. b) of the GDPR, in the need to execute a contract to which the data subject is a party or it is necessary to carry out pre-contractual measures at the request of the data subject.
VII.5. If in the execution of the contract or legal obligations, GSG (Parking Administration) will require the provision of additional personal data, it will be able to obtain them directly from the data subject, with prior information and guarantee of the rights of the data subject.
VII.6. GSG (Parking Administration) has the right to disclose the personal data of the persons concerned for the purpose of the proper execution of the contract, to any competent institutions or professionals capable of carrying out legal investigation or recovery efforts
VII.7. GSG (Parking Administration) assumes the following obligations in the field of personal data protection:
a) to ensure all the necessary technical means for the safe storage of personal data, using procedures and means of encryption and pseudonymization and limiting access to this data only to employees specifically designated for this purpose;
b) to process and store only the data it really needs;
c) to inform the persons concerned about any possible security incident as a result of which data falling under the scope of this agreement was/could be affected. The content and the deadline for sending the notification are those provided for the notification of the fact to the Supervisory Authority under the terms of the GDPR, respectively within 72 hours from the date on which any of the parties became aware of the existence of a security incident that may present risks for them;
d) to obtain the prior written consent of the Data Beneficiary, before transferring the Personal Data to third parties;
e) to delete, modify, return any personal data, at the request of the concerned persons, if the law allows it, without prejudice to the rights and legitimate interests of the Company.
VII.8. The processing of personal data through the use of video surveillance systems is carried out in compliance with the general rules of the GDPR.
VII.9. The existence of the video surveillance system is signaled by means of an icon containing a representative image with sufficient visibility and positioned at a reasonable distance from the places where the video surveillance equipment is located.
VII.10. The video surveillance system will not be located in areas that involve intrusion into the privacy of the persons concerned.
VII.11. The processing of personal data by means of video surveillance is carried out only by authorized persons (own staff or persons authorized by the operator) obliged to obey the legislation regarding the protection of personal data.
VII.12. The duration of storage of the data obtained through the video surveillance system is proportional to the purpose for which the data is processed, but no longer than 30 days, except for situations expressly regulated by law or thoroughly justified cases.
VII.13. At the expiration of the established term, the records shall be destroyed or deleted, as the case may be, depending on the medium on which they were stored.
VII.14. The data processed through the video surveillance system are not transferred outside the company, except in cases where there is an imperative legal obligation or the express consent of the data subject for such a transfer.