Empark companies - Terms and Conditions

GENERAL TERMS & CONDITIONS OF PROCUREMENT OF EMPARK GROUP PRODUCTS

1. These Terms and Conditions govern the procurement of products offered and procured in person at the car parks of the EMPARK Group and entities subscribed to or associated with the service (hereinafter, the "Products" or the "Product"), located in different cities in Spain, Andorra and Portugal.

2. The User will procure the Product from the EMPARK Group Company that owns the car park where the Product is procured (hereinafter, the "Company"). You can view the list of car parks where the Products are offered, as well as the Company that owns each of them on the Empark Group website https://empark.cmspro.telpark.com/es/empresas-del-grupo/. In any event, procurement of the Product will establish a direct legal relationship between the User and the Company that owns the car park where the Product is procured.

3. These Terms and Conditions constitute the total agreement between the parties, and is considered to be superior in rank to any prior written or oral agreement, understanding, assertion, representation, negotiation or intention in accordance with this matter. Procurement of the Products implies acceptance of these Terms and Conditions, as well as the rest of the conditions applicable to the User, and in particular the Privacy Policy. The User shall be personally responsible for the veracity, accuracy and authenticity of the details supplied at the time of procuring the Products. If the User detects any error in the details provided, they may request their amendment by contacting the car park where the Product was procured.

4. The User may procure the Product at EMPARK Group car parks in Spain in the Spanish language or in the co-official language of the place where the car park is located, in Portugal, in Portuguese, and in Andorra, in Spanish and Catalan.

5. The User will be responsible for all damages and/or losses it causes to the Company, both wilfully or due to negligence, when fulfilling this contract. Specifically, when procuring the Company's services, the User expressly accepts the current conditions of access and use in car parks or other procured services, and understands that these standards are issued exclusively by the car parks. These standards will be available to be viewed by the User in each of the car parks in which the Products are offered.

Likewise, the User will be responsible to the Company and other users for any damages caused to them due to a failure to comply with their duties or inexperience in driving the vehicle inside the car park. The owner of the vehicle that is not the User will be jointly and severally liable for the damages caused by the User.

6. The Company shall not be responsible for any breach or delay in the fulfilment of any of the obligations assumed if due to events that are beyond its reasonable control ("Force Majeure"). Force Majeure shall include any act, event, lack of fulfilment, omission or accident that is outside the control of the Company. The Company will use reasonable measures to end the Force Majeure or to determine a solution that allows us to fulfil our obligations despite the Force Majeure.

7. In Spain, the Company shall return the vehicle to the person with proof of parking in its original condition, along with the components and accessories that are a fixed and inseparable part of said vehicle and standard features for the type of vehicle in view of its type and value. In any event, non-fixed and removable accessories (e.g. mobile phones) must be removed by users. The Company will not be held liable for their return. In Spain, the Company will be responsible both to the User and to the vehicle owner, for the damages caused by total or partial non-compliance with the obligations set out in applicable regulations.

In Portugal, the service provided does not constitute a vehicle storage contract and EMPARK Group is not liable for any damage to vehicles parked in the car park or to the goods inside the car park. Furthermore, EMPARK Group is not responsible for any damage caused by third parties, whatever the cause, to persons, vehicles parked or circulating in the car park, nor for the theft or robbery of the vehicle or its accessories or other objects inside or outside the car park.

8. The User, considered as such (not companies), has the recognised right to withdraw from the procured Product. Therefore they may withdraw from the Product contract within fourteen (14) calendar days from procurement, unless he/she uses the Product before then, in which case the right to withdraw shall end when the Product is used.

To exercise the right of withdrawal within the aforementioned periods, the User must contact the car park and indicate their desire to withdraw from the contract in writing, or send a notice to the email contact@telpark.com. In both cases the withdrawal form set out in Schedule I may be used, although its use is not mandatory.

Exercising the right of withdrawal will discharge the Company's obligations in relation to the procured Product. If exercising the right of withdrawal, the User will be refunded the amounts paid to procure the Product using the same payment method used by the User for the initial transaction. Processing fees are non-refundable. In any event, no expenses will be incurred as a result of the refund, provided that this right is exercised within the aforementioned periods.

No refund will be paid if the User uses the Product prior to exercising the right of withdrawal, in which case the right will be forfeited from the time of use.

9. Procurement of the Products does not give the User priority to enter car parks of the EMPARK Group or entities that are associated with or subscribed to the service if there are other vehicles waiting beforehand. Therefore, the User who procures the Product does not have priority access to the car park, and must wait until the necessary parking spaces are available in the car park to access it.

10. The Product User will position their vehicle in a single space. Repairs or car washing cannot be carried out in this space without the Company's express consent. Likewise, items may not be stored in the space. Likewise, the EMPARK Group is only obliged to provide the User with a parking space for their vehicle, without the User having a reserved parking space, except for those products in which a reserved space is expressly provided for.

11. If any provision(s) of these Terms and Conditions of Procurement are considered to be null and void, in whole or in part, by any competent court, tribunal or administrative body, this invalidity or non-application will not affect the remaining provisions. In this case, the clause(s) affected will be replaced by another or others that have effects that are most similar to those of the provisions replaced.

12. These Terms and Conditions have been brought to the User's attention and are available to the User for consultation in due time, in accordance with current legislation. Furthermore, the Company makes these Terms and Conditions available to the User, so that they can be stored and reproduced, thus complying with its legal duty to provide pre-contract information. The Company reserves the right to unilaterally amend these Terms and Conditions at any time and without notice. In these cases, they will be published with as much notice as possible, and they shall apply to new procurements.

13. If the User wishes to contact the Company with any queries, incidents in their purchase, complaint, claim, or discrepancy regarding any matter related to these conditions of use, they can do so by sending an email to the address: soporte@telpark.com (service in Spanish), or suporte@telpark.com (service in Portuguese).

If the Company does not satisfactorily resolve the claim submitted internally by the User, in accordance with EU Regulation no. 524/2013, if the service is provided within the European Union, they have the right to request an out-of-court resolution of consumer disputes accessible via the following link: http://ec.europa.eu/consumers/odr/.

14. In accordance with applicable regulations, this contract will be governed by the law of the country of the car park where the Product is procured. Thus if the car park where the Product is procured is located in Spain, these terms and conditions will be governed and interpreted in accordance with Spanish legislation (Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other supplementary laws).

If the car park where the Product is procured is located in Portugal, Portuguese legislation shall apply (Act 24/96 of 31 July, for the Defence of Consumers and Users and other applicable legislation).

In the event that the car park where the Product is contracted is located in Andorra, the applicable legislation will be Andorran legislation.

The competent jurisdiction will be determined by the applicable legislation at all times.

SPECIFIC PROVISIONS FOR EMPARK GROUP PRODUCTS

SEASONAL TICKET

These Specific Terms and Conditions govern the procurement of passes with a fixed duration for parking at the car parks of the EMPARK Group and entities subscribed to or associated with the service, located in different cities in Spain, Andorra and Portugal.

The type of pass procured will vary depending on the length of the stay in the car park. Available passes include 24-hour, daytime, night-time, morning, evening and flexible passes. The User can view the features, duration and times of each type of pass at the facilities of the car park where they wish to procure the pass.

The pass must be procured at the Customer Service Office of the car park where they wish to procure it, and the User must pay the first monthly payment in cash or with a credit or debit card. The rest of the monthly payments must be paid by the User via direct debit. Any other payment method must be expressly agreed upon at the time of procurement.

The price of the pass will be as established in the membership form for each of the car parks. It is subject to change and may be reviewed at any time.

The pass must be paid for between the 1st and 5th of each month. If the User changes their direct debit details, these changes must be notified to the Company before the 20th of the previous month.

If the car park where the pass was procured is accessed by number plate only, the User may access it directly, without the need for a pass holder card, using the number plate recognition system. However, if the car park does not have this access system, the User must access the car park using their pass holder card.

If the car park is not accessed by number plate only, the User will have a personal and non-transferable card. If the User does not present their card when using the car park, they must pay at the normal rate, without the right to any subsequent refund. This applies even if the User enters with a ticket and presents their card when leaving.

The pass holder card will have the price defined in the price table in force for the first card issue method. If the card is lost or damaged, the User must pay the fee set out in the price table for card replacement.

The pass may be used exclusively by the vehicle indicated at the time of procurement. If the User wishes to modify the number plate of the vehicle associated with the pass, they must contact the car park or request a change of number plate via email contact@telpark.com, with at least 48 hours' notice to request the change of number plate.

The type of pass is as specified in the User record, and is valid for the period referred to in the invoice, which is delivered at the time of payment.

In the terms of the procured service, the pass does not give the user a reserved parking space, but, once the User has accessed the car park, this pass guarantees the availability of a parking space.

If the User requests cancellation or termination of the service, they must formally request this by sending an email to contact@telpark.com, or by written notice presented at the car park where the pass was procured, before the 20th of the month prior to the planned pass end date. If the User requests temporary cancellation, the Company does not guarantee subsequent registration.

The Company reserves the right to terminate this contract at any time by cancelling the pass procured by the User. To do this, it only needs to give the User 5 days' notice of the planned pass end date, by sending an email or certified letter to the addresses provided at the time of procurement.

A pass that is not paid for within the specified period will be cancelled automatically. Pass reactivation will depend on the express authorisation of the Company's commercial services. The car park holder will have the universal right to withhold the vehicle as a guarantee against payment of the parking price. Invoices not paid in full on the due dates for reasons not attributable to the Company will be considered overdue debt, and may be subject to legal enforcement. Similarly, the non-payment of any invoice will automatically accrue late payment interest on the unpaid amounts for natural persons at the statutory interest rate (increased by two percentage points) and for entrepreneurs/companies, as per applicable legislation in Spain, Andorra or Portugal, and any other statutory regulation amending or implementing the abovementioned act, and both parties accept to submit to this regulatory text in all its aspects and obligations, without prejudice to the provisions of the rest of the Terms and Conditions. Similarly, the User is hereby expressly informed that if the term is not fulfilled and provided that all the legal requirements applicable in Spain, Andorra and Portugal are fulfilled, the data relating to payment default may be disclosed to records of debt non-payment. The non-payment of invoices will entail immediate cancellation of the pass.

If the User parks the vehicle in the car park outside the period for which the pass was procured, the extra time will be charged according to the rotation rates in force at the chosen car park, which will be available to the User at the facilities of each car park.

No refund will be paid in the event of (i) cancellation of the pass once the use of the space has begun, or (ii) a stay in the parking space that is shorter than the pass length or, in general, for a period that does not exactly correspond to the pass, (iii) use of a vehicle other than the vehicle stated at the time of procurement.

The User must provide certain personal data when procuring the pass.

PASS PER USE

These Specific Terms and Conditions govern the procurement of Passes for more than one use which allow the User to enter any of the car parks of the EMPARK Group and entities subscribed to or associated with the service on any day, for a maximum stay of 12 or 24 hours. This Product allows the User to procure more than one use at the car park selected at the time of procurement, with a discount on the maximum daily parking rate, according to the current offer.

Using the Pass Per Use, the User will be able to access the car park and park for up to 12 or 24 hours per use, depending on the commercial offer at each car park. Use of the car park ends after 12 or 24 hours, or if the vehicle leaves the car park within these 12 or 24 hours. Each use of the Pass only allows one entry and exit at the chosen car park. If the User enters and leaves the selected car park several times, each exit will constitute one use.

The Pass Per Use will only be valid for parking at the car park selected at the time of procurement. Similarly, the Product can only be used by the vehicle indicated at the time of procurement, and the number plate may not be changed later.

The price of the Pass Per Use varies depending on the car park selected by the User and the number of uses procured. This price will be duly indicated in the car parks where the Product can be procured.

The Pass Per Use must be procured at the ticket machine or at the customer service office of the car park where they wish to procure it, and the User must pay the price of the Pass Per Use in cash or with a credit or debit card.

If the car park where the Pass is procured is accessed by number plate only, after procuring the Product, it will be activated automatically. This means that whenever the User enters and leaves the car park where the Pass Per Use was procured, one use will be deducted. If the User does not wish to deduct one of the procured uses, before leaving the car park, they must pay for the stay at the ticket machine according to the rotation rates.

If the car park where the Pass was procured is not accessed by number plate only, after procuring the Product, the User will receive a ticket that they must use whenever they wish to use one of the procured uses. In this case, to use one of the procured uses, the User must:

Enter and exit the car park with the ticket provided at the time of procurement or,

Access the car park with a rotation ticket and validate the pass per use ticket at the ticket machine so it is deducted as one of the procured uses.

If parking for longer than 12 or 24 hours, the User cannot use the procured Pass. They must pay for the entire stay based on the rotation rates in force at the chosen car park, which are made available to the User at the car park.

The use of the Pass for Uses may be limited according to festivities and events of the municipality in which the car park in which the Product is contracted is located. In this case, the company will inform the User of the period during which use of the Product will be limited, through signage that will be placed on the payment machines and booths in the car park with one month's notice before the start date of the limitation period.

HOURLY PASS

These Specific Terms and Conditions govern the procurement of Hourly Passes which allow the User to enter and park in any of the car parks of the EMPARK Group and entities subscribed to or associated with the service, on any day and at any time, until the total number of hours procured with the Pass have been used. This Product allows the User to procure parking time at the car park selected at the time of procurement, with a discount on the parking rate, according to the current offer.

Using the Hourly Pass, the User will be able to access and leave the car park as many times as they wish until they have used the total procured parking time.

The Hourly Pass is not available in car parks in Portugal, and can only be procured by the User in car parks located in Spain.

The Hourly Pass will only be valid for parking at the car park selected at the time of procurement. Similarly, the Pass can only be used by the vehicle indicated at the time of procurement, and the number plate may not be changed later.

The price of the Hourly Pass varies depending on the car park selected by the User and the number of hours procured. This price will be duly indicated in the car parks where it can be procured. This price is subject to change and can be reviewed at any time by the Company.

The Hourly Pass must be procured at the ticket machine or at the customer service office of the car park where they wish to procure it, and the User must pay the price of the Pass in cash or with a credit or debit card.

If the car park where the Hourly Pass is procured is accessed by number plate only, after procuring the Product, it will be activated automatically. This means that whenever the User enters and leaves the car park where the Hourly Pass was procured, the time procured for the Pass will be used. If the User does not wish to use the time procured on the Pass, before leaving the car park, they must pay for the stay at the ticket machine according to the rotation rates.

If the car park where the Pass was procured is not accessed by number plate only, after procuring the Product, the User will receive a ticket that they must use whenever they wish to use the time procured with the Pass. In this case, to use the time procured, the User must:

Enter and exit the car park with the ticket provided at the time of procurement or,

Access the car park with a rotation ticket and validate the ticket at the ticket machine so it is deducted from the procured time.

In car parks accessed by number plate only, if parking for longer than the time procured, the User may purchase another Hourly Pass to complete their stay. Failing this, the User cannot use the Hourly Pass. They must pay for the entire stay based on the rotation rates in force at the chosen car park, which are made available to the User at the car park.

At car parks which are not accessed by number plate only, if parking for longer than the time procured, the extra time will be charged according to the rotation rates in force at the chosen car park, which will be available to the User at the car park.

The use of the Pass for Hours may be limited according to festivities and events of the municipality in which the car park in which the Product is contracted is located. In this case, the User will be informed of the period during which use of the Product will be limited, through signage that will be placed on the payment machines and booths in the car park with one month's notice before the start date of the limitation period.

MULTIDAY PASS

These Specific Terms and Conditions govern the procurement of a pass to enter and exit one of the car parks of the EMPARK Group and entities subscribed to or associated with the service for a number of consecutive days. This Product allows the User to enter and exit the car park selected at the time of procurement as many times as they wish for the number of consecutive days procured, with a discount on the maximum daily parking rate, according to the current offer.

The Multiday Pass will only be valid for parking at the car park selected at the time of procurement. Similarly, the Product can only be used by the vehicle indicated at the time of procurement, and the number plate may not be changed later.

The price of the Multiday Pass varies depending on the car park selected by the User and the number of days procured. This price will be duly indicated in the car parks where it can be procured. This price is subject to change and can be reviewed at any time.

The Multiday Pass must be procured at the ticket machine or at the customer service office of the car park where they wish to procure it, and the User must pay the price of the Pass in cash or with a credit or debit card.

If the car park where the Multiday Pass is procured is accessed by number plate only, after procuring the Product, it will be activated automatically for the agreed period. This means that the User may enter and exit the car park without paying any extra fee.

If the car park in which the Multiday Pass was procured is not accessed by number plate only, after procuring the Product, the User will receive a ticket that they must use to enter and exit the car park on the days for which they procured the Pass.

The use of the Multiday Pass may be limited according to festivities and events of the municipality in which the car park in which the Product is contracted is located. In this case, the User will be informed of the period during which use of the Product will be limited, through signage that will be placed on the payment machines and booths in the car park with one month's notice before the start date of the limitation period.

FLEXIDAY PASS

These Specific Terms and Conditions govern the procurement of a pass to enter and exit one of the car parks of the EMPARK Group and entities subscribed to or associated with the service for a number of alternative days. This Product allows the User to enter and exit the car park selected at the time of procurement as many times as they wish and on the number of days procured, entering and exiting the car park as many times as they wish on the days they use the pass, with a discount on the maximum daily parking rate, according to the current offer.

With the Flexiday Pass, the User will be able to access the car park for the number of days procured. These days do not need to be consecutive.

The Flexiday Pass will only be valid for parking at the car park selected at the time of procurement. Similarly, the Product can only be used by the vehicle indicated at the time of procurement, and the number plate may not be changed later.

The price of the Flexiday Pass varies depending on the car park selected by the User and the number of days procured. This price will be duly indicated in the car parks where it can be procured. This price is subject to change and can be reviewed at any time by the Company.

The Flexiday Pass must be procured at the ticket machine or at the customer service office of the car park where they wish to procure it, and the User must pay the price of the Pass in cash or with a credit or debit card. After procuring the pass, the User will receive a ticket that they must use to enter and exit the car park on the days for which they procured the Pass.

The use of Flexiday Pass may be limited according to festivities and events of the municipality in which the car park in which the Product is contracted is located. In this case, the User will be informed of the period during which use of the Product will be limited, through signage that will be placed on the payment machines and booths in the car park with one month's notice before the start date of the limitation period

PREPAID TICKET

These Specific Terms and Conditions govern the procurement of a prepaid ticket to enter any of the car parks of the EMPARK Group and entities subscribed to and associated with the service, for a maximum stay of 24 hours, for a fixed price and a discount on the car park's maximum daily rate, based on the offer in force.

With the prepaid ticket, the User will be able to access the selected car park and park for up to 24 hours. This Product only allows the User to enter and exit the car park selected at the time of procurement once, and it may only be used for the vehicle indicated at the time of procurement.

The price of the prepaid ticket varies depending on the car park selected by the User. This price will be duly indicated in the car parks where it can be procured. This price is subject to change and can be reviewed at any time by the Company.

The prepaid ticket must be procured at the ticket machine or at the customer service office of the car park where they wish to procure it, and the User must pay the price of the ticket in cash or with a credit or debit card.

The User must use the procured prepaid ticket to exit the car park. If parking for longer than 24 hours, the extra time will be charged according to the rotation rates in force at the chosen car park, which will be available to the User at the car park.

STORAGE ROOMS

The present Rules of Use regulate the use of the Storage Rooms (hereinafter, the ""Storage Rooms"", or the ""Storage Room"") located in the car parks of the EMPARK Group and entities subscribed or adhered to the service, located in various cities in Spain, Andorra and Portugal.

These Terms of Use constitute the entire agreement between the parties, and shall be deemed superior to any prior written or verbal agreement, understanding, representation, negotiation or proposed agreement in this matter. The rental of a storage room in one of the EMPARK Group car parks implies the acceptance of these Terms of Use.

The User leases the Storage Room to the EMPARK Group company that owns the car park in which it is located.

The User of the Storage Room shall be liable for all damages and/or losses caused to the Storage Room or the car park facilities as a result of his or her lack of diligence, whether due to wilful intent, negligence or fault. The User expressly accepts the conditions of access and use in force in the car parks and understands that these rules of use are dictated exclusively by the car parks. These rules will be available for consultation by the User in each of the car parks in which the Storerooms are rented."

The User may not deposit or store in the Storage Room any object, product or substance that may represent a danger to the safety of the facilities, persons and the environment, such as:
• Firearms or other devices that discharge projectiles;
• Explosive or flammable substances;
• Chemical or biological substances which may threaten the safety of the facilities, or which may be hazardous to human health or the environment;
• Paper archives that may represent a significant thermal load within the storage space;
• Contaminating, toxic or radioactive products;
• Products that emit smoke or odour;
• Products whose storage implies the possibility of violating any law or regulation of any public authority;
• Counterfeit products;
• Living beings;

"This list is not limitative in nature, and the deposit of any object, product or substance that may represent a danger to the safety of facilities, people and the environment is generally prohibited.

In the event of theft or damage to objects that may be deposited inside the Storage Room, the User expressly exonerates the Company from any liability and compensation.

The Company shall not be liable for any damage caused to Storage Rooms due to force majeure, being understood as any act, event, failure to perform, omission or accident beyond the Company's control. In such a case, the Company may use reasonable means to bring the Force Majeure Event to an end.

Furthermore, the Company does not assume any obligation of surveillance and guarding of the objects in the Storage Room.

"The access key to the storage room will be provided to the User upon payment of the price. Delay in payment of the price for a period of more than 5 working days, unless the Company can be held responsible, shall entitle the Company to validly and unilaterally terminate the contract, in which case the Company shall be entitled to take back all payments made up to that time. Such early termination shall not entitle the User to compensation.

The User undertakes to provide the Company with access to the Storage Room if and when the Company needs it in order to fulfil its legal or contractual obligations to third parties."

SCHEDULE I. WITHDRAWAL FORM

(Form to be filled in by the User who wishes to withdraw from the contract)

FAO [NAME OF THE COMPANY WITH WHICH YOU ENTERED INTO THE CONTRACT]

[ADDRESS OF THE COMPANY WITH WHICH YOU ENTERED INTO THE CONTRACT]

I, Mr./Mrs. [Write text], with email address [Write text], hereby inform you of my decision to withdraw from the procurement contract for the pass executed on [Write text], with the localisation number [Write text].

This communication is issued within 14 calendar days after the date indicated for the execution of the contract.

User Signature

(sign only if the form is presented on paper)

In [Write text], on [Write text]

**You can view the company that owns the car park where the product was procured on the Empark Group website https://empark.cmspro.telpark.com/es/empresas-del-grupo/.