REGULATIONS FOR THE UNGUARDED PARKING LOT

REGULATIONS FOR THE UNGUARDED PARKING LOT
of the Plac Unii (hereinafter referred to as "Parking")

conducted by APCOA Parking Polska Sp. z o.o. with headquarters in Warsaw, 00-124, Rondo ONZ 1, registered in the register of entrepreneurs of District Court for the capital city of Warsaw, XII Economic Department, under KRS number 0000129400, with initial capital in amount of 3.000.000 PLN, REGON 012110239, NIP 526-03-07-689, (hereinafter referred to as "APCOA").

I. DEFINITIONS
In order to clarify the terms used in the content of the Regulations, the following phrases shall have the following meanings:
a. Vehicle Parking Time - it is the period for which the agreement on lease of a parking space was concluded;
b. Parking Space - a space intended for parking of Vehicles;
c. Parking Space User - the tenant of the Parking Space who is the owner or possessor of the Vehicle, who entered the Parking Space with the Vehicle;
d. Fee - the rent due for concluding a Rental Agreement, the amount of rent depends on the Parking Time of the Vehicle in the Parking Lot and the price list in force at the Parking Lot.
e. Additional Fee - a contractual penalty in the amount specified in the Regulations or the price list, payable by the Park User in case of violation of the Regulations;
f. Parking lot - the area designated for parking Vehicles, which is an unguarded parking lot;
g. Regulations - the content of this document being the regulations of the unguarded parking lot;
h. Vehicle - a motorized means of transportation;
i. Rental agreement - contract of lease of a Parking Place concluded between the User and APCOA pursuant to point II.1 of the Regulations;

II. GENERAL PROVISIONS
1. By entering the premises of the Car park, the user concludes the Agreement for renting a parking space with APCOA on conditions specified herein and on the basis of provisions of the Act of 23rd April 1964 Civil Code (including art. 69, art. 384 and art. 659).
2. In case of disagreement with the content of the Regulations, the user may withdraw from the Rental Agreement by leaving the car park with the vehicle immediately, but no later than within 5 minutes from entering the car park.
3. Rental agreement is concluded at the moment of parking the Vehicle on the premises of the Car Park and ends at the moment of leaving the premises of the Car Park. The proof of concluding the Rental Agreement is a parking ticket. 4.
4. The obligation to pay the fee is valid 7 days a week, 24 hours a day.
5. The fee is collected for each commenced parking hour on the Car Park.
6. The fee is paid at the car park ticket offices or from the car park attendant at the car park office.
7. The person submitting a car park ticket is deemed to be the user of the car park authorised to use the vehicle leaving the car park.
8. In the event of loss of a parking ticket, the fee will be doubled.
9. In case of losing a parking ticket, the amount of the Fee is equal to double daily rate for the parking day according to the valid price list, unless the vehicle was parked for a longer period of time, in which case the Fee is due for the whole Vehicle Stopping Time.
10. In case of losing a parking ticket, the user is obliged to prove their authorization to use the Vehicle upon leaving the car park. Until the time of showing the proper authorization APCOA may not allow the Vehicle to leave the Car Park.
11 The maximum parking time for a vehicle based on a parking ticket is 4 weeks.
12 Conditions deviating from the provisions of these Rules and Regulations must be agreed in writing under pain of invalidity.

II. PARKING CONDITIONS, PARKING CONTROL AND ADDITIONAL CHARGES

1 APCOA is responsible for controlling the compliance of parking of Vehicles with these Regulations.
2 On the premises of the Car Park the regulations of the road traffic law of 20 June 1997 are in force.
3 Each Vehicle may park only in one Parking Place.
4 It is forbidden to park the Vehicles beyond the designated Parking Spaces.
5 The user of the Car Park is obliged to observe the road signs located at the Car Park as well as other rules and regulations regarding the use of the Car Park and to follow the instructions of APCOA in this respect.
6 The user of the Car Park can be charged with additional fee in amount of PLN 95 in case the Vehicle blocks the passage, fire road or occupies a place designated for disabled people without proper authorization and in case of violation of other provisions of these Regulations.
7 The original of the Additional Fee will be placed on the Vehicle, if possible on the windscreen of the Vehicle, a copy of the Additional Fee receipt is retained by APCOA.
8 The Additional Fee shall be paid by making the payment in the manner indicated on the document confirming the charging of the Additional Fee, within the period indicated on that document.
9 APCOA may claim damages exceeding the amount of contractual penalties reserved in these Regulations.

III. LIABILITY OF THE CAR PARK USER

1. The user of the Car Park is responsible for damages caused to APCOA or third parties, including their employees, contractors or persons accompanying them.
2. User of the car park is responsible for damages caused by contamination of the car park.
3. Using the Car Park is obliged to inform immediately APCOA - by contacting the car park services - about any event described in points III.1 and III.2 above. III.1 and III.2 above, but not later than before leaving the car park.
4.The user of the car park is responsible for damages caused as a result of giving a parking ticket or subscription card to a third party or losing it.

IV. LIABILITY OF THE CAR PARK OPERATOR
1. APCOA is not responsible for the vehicles located at the Car Park or for the property left in them, except for the situations indicated in the text of the Regulations.
2. APCOA is responsible on the basis of fault principle for all damages caused by its employees or subcontractors, which occurred during the Rental Agreement.
3. The user of the car park is obliged to immediately inform about the occurrence of the damage for which APCOA is responsible, but not later than before leaving the car park, on pain of losing the claim.
4. APCOA is not responsible for damages resulting from activities of third parties, force majeure and failure to observe the provisions of the Regulations by the user.
5. Complaints concerning the services provided within the scope of the above Regulations, should be submitted to the email address: [email protected], alternatively in writing to the address of APCOA.

V. SAFETY PROVISIONS
1. In the Car Park area the permissible speed for vehicles is 10 km/h. 
2.In the Park area, including internal roads, entry and exit ramps, it is strictly prohibited to:
a. smoking and using open fire;
b. storing fuels, flammable substances and empty fuel containers;
c. repairing, washing or vacuuming the Vehicles;
d. refuelling the Vehicles or equipment, changing coolant or engine oil;
e. leaving the Vehicle with the engine running;
f. parking the Vehicle with a leaking fuel filler;
g. Visiting of unauthorised persons;
h. Visiting the car park by unauthorised persons for longer than it is necessary for leaving the Vehicle or removing the Vehicle from the car park;
i. entry of a vehicle powered by gas installation.

VI. PERSONAL DATA
1. 1. in connection with the conclusion and performance of the Rental Agreement, APCOA processes personal data of the User of the Parking Lot within the meaning of these Regulations and is the controller of his personal data. Personal data is also processed for the purposes of internal and external debt collection, enforcement proceedings and realization of complaints. Personal data may also be processed for the purpose of fulfilling the justified interests of APCOA, such as direct marketing of APCOA products and services.
2. 2. APCOA processes the following personal data: registration number of the Vehicle and image of the Park User and persons accompanying him/her, if video surveillance is installed at the Park, with the reservation that images of persons are not subject to automatic analysis In case of complaints, debt collection and enforcement processes the following data are processed: first name, surname, address, PESEL, e-mail address, telephone number, registration number, make of the vehicle and image of the Park User. Providing personal data is an obligation resulting from the Rental Agreement. Failure to provide data in the case of complaint, debt collection and enforcement processes will result in collecting such data from public registers.
3. 3.Third Recipients of data processed in relation to the conclusion and implementation of the Rental Agreement are debt collection companies, providers of electronic mail services and parking and IT systems, as well as entities servicing these systems and equipment on which they are installed, banks, owners of the car park if the agreement so provides, and within the limits provided by law also entities to which APCOA is obliged to make such data available.
4. 4. APCOA takes due care that personal data are processed in the territory of the European Union and, in case they are transferred outside its territory, it ensures that they are not used for purposes other than those for which they were collected and are stored in a way that guarantees an adequate level of security.
5. 5. Personal data will be stored for the duration of the Lease Agreement and after its termination for the period required by law, in particular for complaint handling and internal and external debt collection

6. the period resulting from accounting regulations and in the period ensuring APCOA's ability to determine and assert claims related to the Lease Agreement.
7. APCOA respects the rights to which each person is entitled in connection with the processing of his/her personal data. In particular, each person whose data is processed is entitled to:
a. to be informed about the processing of his/her personal data,
b. the right to access, rectify, complete and modify the data,
c. the right to erasure of data ("right to be forgotten"),
d. the right to have the processing restricted,
e. the right to data portability
f. the right to object to the processing of its data for legitimate purposes by APCOA as data controller, including direct marketing of its products and services and profiling, and the right not to be subject to a decision which is based solely on automated processing.
8. APCOA shall exercise the aforementioned rights by providing the opportunity to make the relevant request via email to [email protected], and in writing to APCOA's address marked "personal data", provided that:
a. the data subject has the right of access to his/her data and the right to information about the data, but this right may be actively exercised no more often than once every 6 months. More frequent exercise of the right to information and access to data may be subject to a fee of 50 PLN paid to the bank account of APCOA before APCOA executes the submitted request. This fee represents the reasonable costs incurred by APCOA in connection with the exercise of the right of access and is permitted by law.
b. The person has the right to request the erasure of his/her personal data, in particular when the data are no longer necessary for the purposes for which they were collected, and in particular for the performance of the Lease Agreement. However, APCOA is not obliged to erase data where the processing is necessary for:
i. the exercise of the rights and freedoms of expression and information,
ii. to comply with a legal obligation to process under European Union or Polish law, or to perform a task carried out in the public interest, in particular the Accounting Act,
iii. for archiving purposes in the public interest, scientific or historical research, or statistical purposes,
iv.to establish, assert or defend claims.
9. In the event that the data subject objects to further processing for the purposes of marketing its own products and services or profiling, APCOA shall take such objection into account, but shall continue to process the data for the purposes of performing the Lease Agreement, fulfilling the obligations under the Accounting Act.

10. APCOA informs that the person who concluded the Rental Agreement is not subject to decisions based solely on automated processing of personal data.
11. In relation to the processing of data by APCOA, the data subject has the right to lodge a complaint to the President of the Office for Personal Data Protection.
12. In order to ensure the highest level of security of the personal data processing processes, APCOA has appointed a Personal Data Protection Officer, who can be contacted at email address: [email protected], alternatively in writing at the address of APCOA.