Parking Use and Operation Rules

By using this parking facility, the user declares to be aware of and expressly accept these rules.

PARKING USE AND OPERATION RULES

1. General
2. Parking Obligations
3. User Obligations
4. Use of the Parking
5. Rates and Payment
6. Damages and Claims
7. Data Protection
8. Modification of the Rules

These rules are MANDATORY for all user clients and all persons who may be inside the parking facility or its accesses.

1. GENERAL:

The parking facility is public and will remain open 24 hours a day.

The parking offers both rotating and subscription spaces. Depending on the parking, there may be spaces granted for use to third parties.

Parking spaces will not be fixed for the user and will be assigned to vehicles on a first-come, first-served basis. Only in the case of having a valid contract that provides for it or ownership of a space, may a User have a specific space assigned.

When the parking is full, no access will be available for vehicles except for those that have made a prior reservation. If there are other vehicles waiting earlier on the access ramp, priority access to the parking for vehicles with prior reservation is not possible; they must wait until the necessary spaces become available for the vehicle or vehicles ahead of them.

Inside the parking and its accesses, the following must be respected:

• Traffic rules and regulations that may apply.
• Vertical and horizontal signage within the facility.
• Instructions from parking employees.

The following are not permitted inside the parking:

• Access by any person not related to parking services.
• Entry of vehicles and/or drivers that are potentially dangerous due to their characteristics or aptitude.
• Access of vehicles taller than the height indicated at the entrance, or that, due to their dimensions, weight, or characteristics, could harm the normal operation of the parking.
• Introduction of combustible, flammable, or hazardous materials, except fuel inside vehicle tanks.
• Lighting fires and smoking.
• Access with objects or means that could pose risks to the integrity of staff and users of the parking.
• Storage, deposit, and abandonment of belongings or objects both in parking spaces and in the vehicles parked there. The Parking may remove at any time items that pose risks to the health and safety of people.
• Performing maintenance or repair work on vehicles, except those carried out by assistance personnel necessary to remove a broken-down vehicle.
• Use of public services without being a parking client.
• Entry of animals of any kind, except pets tied securely.
• Carrying out commercial, disturbing, noisy, offensive, unhealthy, dangerous, or harmful activities in the parking.
• Access to offices or facilities without proper authorization from the service manager.
• Taking photographs/recordings of the facilities without prior written authorization from a parking manager.

• Prolonged stay inside vehicles, as well as overnight stays or sleeping in them, regardless of the reason.

  2. PARKING OBLIGATIONS:

The parking will provide users accessing the facility with a space to park their vehicles.

The parking will issue a physical or virtual receipt of the stay, which will include the vehicle identification. The receipt will show the vehicle's license plate or any other element that allows its identification. The receipt must also include the day, hour, and minute of entry.

The parking will inform users, prior to their access, about prices, schedules, and rules of use and operation of the parking.

The parking will have complaint forms in accordance with Law 11/2005, of December 15, Consumer Statute, and the corresponding regional regulations where the parking is located.

3. USER OBLIGATIONS:

Users of public parking facilities must:

Park in a single available space between lines, columns, or walls.

Follow the rules and instructions of the parking manager regarding the use and safety of the facility, its employees, and users.

Before being able to remove the vehicle, pay the fixed price for their stay under the agreed conditions.

The user will be responsible to the business and other users for damages caused by non-compliance with their duties, lack of care, or incompetence in driving the vehicle inside the facility.

The vehicle owner, even if not the user, will be jointly liable for the damages caused by the user.

4. USE OF THE PARKING:

To access the parking with the vehicle, the client may choose any of the means or products marketed by the parking:

• Rotational access: Through an entry ticket or license plate recognition in parking facilities where the ticketless system is available.
• Access without reservation: Through recognition of the license plate registered by the user in the APP – APARCADOS for automatic access to the parking.
• Access with reservation: Through the QR code and/or recognition of the license plate registered when contracting a reservation of a space for hours or days.
• Access by subscription: Through the QR code and/or recognition of the license plate registered when contracting a monthly or longer parking subscription.

In cases of access with reservation and subscription, the access method is the QR code sent to the user at the time of contracting; license plate recognition is a convenience offered by the parking to its users.

Users accessing the parking through the “without reservation,” “with reservation,” and “monthly subscription” products will be subject to the specific terms of these products.

Inside the parking, traffic rules and applicable regulations, as well as traffic signage, must be respected.

Overtaking is not allowed. The maximum speed inside and on access ramps to the parking is 10 Km/h.

Vehicles must be parked correctly in designated spaces, within the road markings that delimit the respective space.

The parked vehicle must have the engine off and the parking brake engaged.

Only those who have and demonstrate the special administrative authorization for people with reduced mobility (TPMR) by displaying it fully visible on the vehicle’s windshield while parked may park in spaces accessible for persons with reduced mobility.

Parking spaces intended for electric vehicle charging on a rotating basis must only be used for that purpose and for the time necessary for charging.

Clients will limit their presence in the parking to the time necessary to park and unpark.

The parking owner will have, against any persons, a right of retention over the vehicle as a guarantee for payment of the parking price.

5. RATES AND PAYMENT FOR STAYS:

The client must pay, before removing the vehicle, the amount for their hourly stay according to current rates.

Loss of the ticket will require the client, to remove their vehicle, to identify themselves to parking staff with the vehicle’s license plate to pay for the actual stay.

Current rates for rotational parking are displayed at the parking entrances and in the control office.

A vehicle occupying more than one marked space must pay for its stay based on its actual occupation.

The parking cannot guarantee having change for bills of 100 euros or more at all times.

The client has the right to obtain an invoice for stays made in the parking in accordance with Royal Decree 1619/2012, of November 30, which approves the Regulation governing invoicing obligations. Invoices must be requested via the email info@apk2.es.

Rates for stays without reservation, subscribers, and reservations by hours and days will be available to clients on the website www.apk2.es, in the APP – APARCADOS, or through Customer Service at phone number 91 2302032.

For security reasons, parking employees may require clients inside the facilities to show their stay receipt.

6. DAMAGES AND CLAIMS:

The client is responsible for removing non-fixed and removable accessories from the vehicle, such as mobile phones and other belongings, with no responsibility extended to the parking under the terms of Law 40/2002 of November 14, 2002, regulating the parking contract.

The parking is not responsible for damages caused by other users, third parties unrelated to the company, weather phenomena, force majeure, vandalism, or criminal acts.

The Client will be responsible for damages caused to persons, vehicles, goods, and parking facilities due to willful misconduct, fault, negligence, or violation of applicable regulations.

The client must immediately notify the parking, before leaving, of any damages they may have caused to the parking or other clients.

The parking is not responsible for claims for vehicle damage once the vehicle has left the parking and will not attend to subsequent claims.

The client is responsible for properly closing their vehicle and activating, if applicable, security systems. The parking does not offer personalized surveillance or individual custody of vehicles.

Clients may submit claims through the official forms available at the parking office or, alternatively, via email:

• Claims related to the service or general type should be sent to the email info@apk2.es.
• Claims related exclusively to accidents must be sent directly to the specific email siniestros@apk2.es."

7. DATA PROTECTION:

Data Controller: Your data will be part of a file owned by APK GESTIÓN DE APARCAMIENTOS S.A. with CIF/NIF A87234605 and registered office at: PASEO DE RECOLETOS 27 - 6th floor.

Purpose of processing: To develop and comply with the obligations provided in this contract. Your data will be kept during the commercial relationship and subsequently for legally required periods. Images captured by video surveillance cameras will be kept for one month from capture.

Legal basis: The legal basis for collecting your data is the contract signed with APK GESTIÓN DE APARCAMIENTOS S.A.

Recipients: Your data will not be transferred for purposes other than those described above.

Rights: You may exercise your rights of access, rectification, cancellation, limitation, portability, and opposition to the processing of your data under certain circumstances, in which case the data will only be retained to fulfill legally established obligations. To exercise these rights, you must contact APK GESTIÓN DE APARCAMIENTOS S.A., with CIF/NIF A87234605 and registered office at: PASEO DE RECOLETOS 27 - 6th floor or by email at LOPD@apk2.es. We also inform you that the Spanish Data Protection Agency is the competent authority for protecting these rights. To keep your data updated, you must communicate any changes.

Confidentiality commitment: Likewise, in accordance with article 32 of the GDPR, relating to the duty of professional secrecy, APK GESTIÓN DE APARCAMIENTOS S.A. commits to keep the confidentiality of personal data, with this obligation continuing after the termination, for any reason, of the relationship between you and APK GESTIÓN DE APARCAMIENTOS S.A.

8. MODIFICATION OF THE RULES:

These Rules may be modified by the company whenever it considers it convenient for the better operation of the parking.

The company will publish such updates in the parking and on its website for users’ proper knowledge.