EASYPARKING GENERAL OPERATING RULES AND CONDITIONS
1. DEFINITIONS
For all purposes, the parties agree to the following definitions: – Company: Alwayseasy – Parking, Unipessoal Lda.;
– Car Park: EasyParking, or simply Car Park, covered and uncovered, fenced and walled, with alarm, permanent surveillance 24 hours a day, 365 days a year and with restricted admission to third parties, located in the area surrounding Lisbon Airport or within a radius of 9 kilometers, without any inconvenience to the customer;
– Customer: Individual or legal entity who will use the car park under the conditions set out in this agreement;
– Vehicle: Motor vehicle which the customer, under any legitimate title, has at their disposal, not including any accessory goods not incorporated therein and which are appropriable;
– Airport: Humberto Delgado International Airport (Lisbon), in whose vicinity the EasyParking Car Park is located.
2. SUBJECT OF THE CONTRACT
The purpose of this contract is to make the Car Park facilities available for the periods agreed between the Customer and the Company, per day and subject to the other conditions set out in the following clauses.
Access to the Car Park is subject to acceptance of the conditions stipulated in these “EASYPARKING GENERAL OPERATING RULES AND CONDITIONS”
3. DURATION OF THE CONTRACT
1. This contract shall have the duration agreed in each case between the Customer and the Company, without prejudice to this period being extended or shortened by communication between the parties.
4. CONDITIONS
Without prejudice to the other provisions of this Contract, upon signing the same, the following benefits shall be ensured to the Customer:
a) Storage of the vehicle at the Car Park facilities for the duration of this Contract;
b) Possible collection and delivery of the Customer’s Vehicle at the Airport, should this be specifically agreed between the Customer and the Company, with a minimum advance notice of 1 hour, to be carried out by Company employees duly qualified for this purpose;
c) Transport provided to the Customer, their companions and luggage, from the Car Park where the vehicle is parked to the Airport and vice versa, in Company transport,
d) Vehicle washing, provided specifically requested by the Customer or offered by the Company;
e) Vehicle repairs, provided specifically requested by the Customer.
2. The granting of the benefits conferred in the previous point presupposes that:
a) The Customer shall hand over to authorized representatives of the Company the key to the Vehicle, either when depositing it at the Car Park or when collecting it at the Airport, which will be parked at the Car Park facilities;
b) Authorized employees of the Company may, at any time, move the Vehicle within the Car Park premises in order to allow the movement of other vehicles that are subsequently collected by other Customers, or, in any case, to optimize the Car Park’s parking spaces;
c) Authorization to drive the vehicle on public roads by Company employees, in the event that collection/delivery of the Vehicle at the Airport is requested and agreed, this authorization being valid for the route between the Car Park and the Airport, and may also in exceptional cases (road closures, abnormal traffic, police diversion, etc.) be moved on another route.
5. ADDITIONAL CONDITIONS AND PRICE
1) Collection of the vehicle shall depend on the procedure agreed between the Customer and the Car Park, in one of the following modalities:
a) Prior indication, made at the time of delivery of the Vehicle, by telephone communication, online or via email, indicating the date and time of the Customer’s return, with indication of the modality of direct delivery of the Vehicle at the airport or delivery at the Car Park and subsequent transport to the Airport, to employees duly uniformed and identified, always observing the check-in procedures referred to in clause 7.a;
b) In the absence of any of the prior procedures provided for in the previous point, collection of the Vehicle may also be carried out by communication to one of the duly identified employees of the Company present at the Airport, or by telephone contact to the Company. The Customer accepts that, in this case, the vehicle collection procedure may experience delays; 2) The price to be paid by the Customer shall be that shown in the price table displayed on the website www.easyparking.pt and at the facilities and previously known to the Customer, and shall correspond to the number of days multiplied by each daily rate (partial or hourly periods not being charged). Payment shall be made upon delivery of the vehicle taking into account the car park and additional services chosen and the period of use enjoyed.
6. CUSTOMER OBLIGATIONS
The Customer undertakes to the Company to:
a) Deliver the Vehicle in full mechanical condition, in full working order and with all technical revisions and inspections, as well as with all legally required documentation, which adequately demonstrates the availability of the vehicle by the Customer and its movement by Company employees under the terms of clause 4.1 b). Delivery shall be made by handing over the vehicle keys that allow access to it, the alarm remote control if it is autonomous and any other control that allows the alarm to be deactivated if necessary;
b) Allow access to the interior of the vehicle and its driving by
Company employees, under the terms and for the purposes of clause 4.2 b) c) Any other access to the Vehicle is excluded, with the exception of situations resulting from orders from entities with powers of authority, namely Police and judicial officials or those with public order powers;
d) Carry out the check-in and check-out procedures provided for in clause 7a, signing the corresponding documentation;
e) Authorize the Car Park, through its employees, to remove from the vehicle, after its delivery, any element incorporated in it but easily detachable, such as antennas and other car accessories, which must be replaced in the vehicle at the time of its collection;
f) Pay the price for the services subject to this contract under the terms of the price table in force at any given time.
7. DELIVERY AND RECEIPT OF THE VEHICLE
1) Delivery of the vehicle, either by immediate deposit at the Car Park or by collection at the Airport, shall observe the following:
a) The Customer must deliver the vehicle without any goods that are not an integral part of it, whether in the passenger compartment or in the trunk, visible or not, namely equipment, radios, computers, cameras, clothes, or any other physically appropriable goods,
b) The Customer and the Car Park representative must carry out a check-in of the Vehicle, in which an inspection of its interior and exterior will be carried out in order to record the mileage, damage, wear or defects existing at the date of delivery, a record which will be kept for up to 15 days in the possession of the company; c) The Customer must sign the Company’s receipt document, in which they declare all and any objects, including those referred to in paragraph a), the mileage of the Vehicle and other facts that may be relevant for the purposes of the Car Park’s liability;
2) Receipt of the Vehicle by the Customer, either at the Airport or at the Car Park, shall be preceded by a check-out of the Vehicle, with an inspection by the Customer and Company representative, in order to confirm the vehicle’s mileage, the absence of damage or any liabilities on the part of the Company, with the Customer signing a Customer Receipt Document whose template is included. Any complaint that the Customer wishes to make must be made at the Company’s facilities, at the Easy-Parking Car Park;
3) Taking into account the receipt and check-out to be carried out under the terms of the previous clause, any complaints that the Customer may submit regarding damage or deficiencies must be sent within 5 working days after the date of receipt of the Vehicle, otherwise the Customer’s right to complain shall lapse.
8. COMPANY LIABILITY
1) The Company shall be liable to the Customer for damages caused by its employees, strictly in the following cases:
a) Damage caused to the Vehicle as a result of handling within the Car Park for the purposes provided for in clause 4.2 b) and c);
b) Any damage suffered by the Customer and their companions as a result of transport under the terms of clause 4.1 c) provided that they occur from an unlawful act with gross negligence or intent on the part of the Company employee performing the duties of driver of the Transport Vehicle in question;
c) Any other damages arising from unlawful acts with intent or gross negligence on the part of employees and representatives or agents of the Company and whose liability cannot be excluded under the terms of clause 7.2 or from viewing closed-circuit images owned by the Company;
2) The Company’s liability is expressly excluded when it concerns:
a) Damage suffered by the Customer regarding theft of any goods that remained in the vehicle after its delivery, in breach of the provisions of clause 7.1 a);
b) Any electrical, mechanical or wear damage resulting from continuous use of the vehicle;
c) Any damage caused by third parties as a result of their unlawful intrusion into the Car Park, notwithstanding the fencing, alarm and surveillance systems installed, or by natural causes that cannot be avoided by the Company.
d) Breakage of windscreen glass or other damaged glass. e) Damaged or punctured tires
9. CUSTOMER LIABILITY
1. The Customer shall be liable for any fines, penalties or liabilities that the Company has to pay due to any irregularity found in the Vehicle, its documentation or its ownership.
2. In the event of non-payment by the Customer of the contracted price or any other expenses incurred by the company, the company has a right of retention over the vehicle (cf. Art. 755 no. 1 paragraph e) of the Civil Code), which will be released as soon as the amount owed is paid in full, which will include the price due by virtue of the increase in days of vehicle parking plus default interest.
3. Any written complaint made by the customer must be made in accordance with the provisions of Point 7 no. 2 and no. 3, otherwise the right shall be precluded.
10. PERSONAL DATA
The data collected about the Customer is also intended for compliance with legal obligations and use in contractual relations with Insurance Companies, Banks and other Institutions, with the Company undertaking to maintain strict
confidentiality regarding all data, reserving access to them exclusively as necessary for its normal activity. The respective holder is assured the right of access and rectification of the same.
11. MISCELLANEOUS PROVISIONS
1. Any expression intended to denigrate without foundation the company’s image subjects its Author to the rules of Criminal and Civil Liability and for the damages caused.
2. The company is not responsible for accidents, any damage of an unlawful or criminal nature caused to parked vehicles, nor for the disappearance of objects inside the vehicles, their theft or robbery or natural disasters, such as falling trees, etc., as well as other unintentional damage that may occur.
3. Complaints regarding the Car Park may be recorded in the complaints book.
12. AGREED JURISDICTION
1. In the event of a possible dispute (Law no. 144/2015, of September 8), consumers must resort to the Alternative Consumer Dispute Resolution Entity, with the Lisbon Consumer Conflict Arbitration Center being competent to act on contracts concluded in the Municipality of Lisbon.
2. As an alternative to that referred to in no. 1, sign an arbitration agreement – VOLUNTARY ARBITRATION LAW – Law 63/2011 of December 14.