APCOA FLOW application regulations
§ I - Introduction
Pursuant to the requirements of the Act of 18 July 2002 on rendering electronic services (Journal of Laws No. 144 item 1204), APCOA Polska Sp. z o.o. (former name APCOA Parking Polska Sp. z o.o.) with headquarters in Warsaw establishes these Regulations.
2nd Entity providing services described in these Regulations is APCOA Polska Sp. z o.o. with its headquarters at Rondo ONZ 1, 00-124 Warsaw, registered in the register of entrepreneurs kept by the District Court for the City of Warsaw XII Economic Department of the National Court Register under the KRS number 0000129400, NIP 526-030-76-89, Regon 012110239, with share capital of 3 000 000 PLN (fully paid up), hereinafter referred to as APCOA.
(3) On the basis of these Regulations, APCOA Polska provides the User with Services within the APCOA FLOW Application.
(4) These Regulations apply to all car parks operated by APCOA, if it is available therein to pay for a Parking Space by means of the Application. In such case, the provisions of these Rules shall apply mutatis mutandis to the charges described in the Parking Rules.
(5) In the case referred to in clause 4 above, the provisions of clause 4 of the Parking Rules and Regulations "Parking Fee", in particular the provisions concerning the form of payment and the method of confirming the payment of the Fee, do not apply to the User.
§ II - Definitions
Application - APCOA FLOW application that enables the User to use the Services, installed by the User on a mobile phone (smartphone) or other compatible electronic device of the User, through which the User gains access to the Services.
Parking Space - a space in a Car Park operated by APCOA, to which a parking session applies, which is executed and paid for by the User via the Application on the terms and conditions specified in these Regulations and the regulations of the Car Park to which the parking session applies.
Electronic Ticket - an entitlement to park in a Parking Lot owned or managed by APCOA, as part of the Service, for which the User makes a Payment through the Application; the Electronic Ticket is resold to the User by APCOA through the Application.
Operator Infrastructure - equipment and software owned by APCOA or the owner of the Parking Lot, used, inter alia, to automatically read the number plates of the Vehicle at the entrance to the Parking Lot and at the exit from the Parking Lot and to transmit the above data to the infrastructure of APCOA and its partners operating within the Application; the Operator Infrastructure enables the User, on the basis of the data provided to the Operator as part of the User's use of the Services, to make cashless Parking.
Card - the User's payment card supported by APCOA under the payment methods available on the Application in terms of access channels administered or owned by APCOA.
Parking - the paid areas indicated in APCOA FLOW within which Parking Places are available as to which payment of the Fee is required.
Operator - the entity that manages the Operator's Infrastructure;
Fee - the fee payable to APCOA by the User as payment for a Parking Space, e.g. through the purchase of an Electronic Ticket, paid by the User to APCOA via the payment methods made available in the Application, the amount of which or the manner of its determination is specified in these Regulations. If an Electronic Ticket is purchased in the Application, a Transaction Fee may be added.
Transaction Fee- an additional fee resulting from the cost of processing payments and parking transactions by the Operator's Infrastructure, which APCOA may charge and add to the cost of Parking. Currently, the Transaction Fee is (zero) 0 PLN.
Partner - an entity that cooperates with APCOA in order to perform the Services being the owner or managing entity of the Parking Lot.
Vehicle - a motor vehicle defined in the Application by providing its exact registration number. NOTE: When adding a vehicle, the customer must be the owner of the vehicle being added or be authorised to use it by its owner.
Parking - the cashless occupation of a Parking Space or entry into a Parking Lot as part of the Service and using the Operator's Infrastructure, for which the User pays the Fee via the Application; the entitlement to Parking is resold to the User by APCOA via the Application; Parking occurs without the collection of a ticket upon entry into the Parking Lot and the payment of the Fee for the Parking Space at the parking meter providing the Fee collection service with the issue of a paper ticket.
Regulations - these APCOA regulations specifying the rights and obligations of the User and APCOA in connection with the provision of Services.
APCOA- APCOA Polska APCOA z o.o. with its registered office at Rondo ONZ 1, 00-124 Warsaw.
Device - the User's device meeting the minimum technical requirements described in the Regulations (in particular a phone other mobile device), on which the Application is installed.
Framework Agreement - a framework agreement concluded between the User and APCOA on the basis of acceptance of these Regulations, enabling the User to use the Services on the principles indicated in the Regulations.
Services - the services described in these Regulations, provided to the User by APCOA via the Application.
User - a natural person, legal person or organisational unit without legal personality, with full legal capacity, using the Services through the Application.
§ III - Technical Requirements
(1) The User may use the Services upon meeting the following minimum technical requirements necessary to work with the Application:
(a) A device with Internet access (in the case of a mobile device, with the iOS or Android operating system installed on that device);
b) Access to an active email account if using the Services within the Application;
c) possession of an active telephone number of a mobile network operator;
d) possession of an active Card or other payment instrument within the payment methods supported by APCOA.
(2) Where the User accesses the Services from other access channels than the Application, the minimum technical requirements may be specified in separate regulations provided for the access channel in question.
(3) The User shall bear the fees related to Internet access and data transmission in accordance with the tariff of their operator.
§ IV - General principles of performing the Services
1. the Services provided by APCOA under these Regulations enable the User to use, inter alia, the following functionalities:
(a) creation of a User account in the Application;
b) providing multiple registration numbers of multiple Vehicles;
c) provision by APCOA to Partners of the details of the Vehicle to which the Parking applies, which, with the cooperation of the Operator's Infrastructure, enables the User to carry out Cashless Parking;
d) purchasing goods and services from APCOA or other entities cooperating with APCOA;
e) payment of Fees.
(2) The User shall create his/her account in the Application by providing the data required by APCOA and following the messages communicated by APCOA through the Application. The creation of a User account is possible in the Application and requires the User to comply with the requirements indicated in the Regulations when creating an account in the Application.
3 In order to conclude the Framework Agreement, the User shall:
a) install the Application on the Device;
b) create a User account in the Application together with the registration of a payment card;
c) accept the Terms and Conditions.
§ V - Parking Fees
(1) The Application allows the User to acquire an entitlement to Parking in the Car Parks marked with a green icon in the Application.
(2) In order to execute the Parking, the User is obliged to:
(a) conclude a Framework Agreement in accordance with the terms and conditions set out in the Regulations;
b) register the Vehicle within the established User account in the Application;
c) connect the available payment methods;
d) consent to the immediate commencement of the provision of Services by APCOA, as soon as the Vehicle enters the Car Park indicated in the Regulations using the Service available in the Application; the User's consent includes the commencement of the provision of Services before the expiry of the deadline for withdrawal from the Framework Agreement, which is tantamount to the obligation of the User to pay the Fee for the Parking completed until the withdrawal from the Framework Agreement.
(3) Completion of parking as part of the Service requires acceptance of these Terms and Conditions. Acceptance of the Regulations by the User is tantamount to the User concluding a Framework Agreement with APCOA, within the framework of which the User may use the functionalities made available in the Application, including the performance of Parking on the terms and conditions specified in the Regulations and the payment of Fees.
(4) The User shall register the Vehicle in the Application by providing APCOA with the required details of the Vehicle (registration number).
5. if the User uses the Card payment method in the Application, in order to carry out the Parking, the User is obliged to:
(a) provide the Card details (Card number and CV/CVV code) and make a returnable Card verification charge (verification transaction for 0 PLN) in accordance with the instructions provided by APCOA;
b) register the Card number in the Application;
c) agree to APCOA's cyclical collection of Card Fees for Parking with or without the User's participation;
(6) The User, through the Application, consents to APCOA automatically collecting funds from the Card for Fees for completed Parking. Consent is given for each Card separately and includes the collection of the amount of Fees due without the participation of the User. Consent is granted for the duration of the Framework Agreement (i.e. the User has an active account in the Application) and may be revoked by the User at any time by deleting the Card in the Application, with the proviso that APCOA reserves the right to prevent the User from deleting the Card in the Application and removing the Vehicle from the Application after entering the Parking Lot using the Service. Once consent has been revoked, the User shall not be entitled to complete the Parking using the Service and, if the Parking is completed, the User shall be obliged to pay to APCOA the Fee due.
(7) APCOA will inform the User of the successful registration of the Vehicle and the assignment of the available payment source via the relevant message in the Application. APCOA will send the details of the Vehicle to the Operator in order to enable the User to perform Parking using the Operator's Infrastructure respectively.
(8) The detailed conditions for the execution of the Parking Fee when the User uses the Application via the User's electronic banking are set out in the Terms and Conditions accepted by the User.
(9) The User's entitlement to pay the Parking Fees is acquired when the Vehicle enters the Car Park.
a) The application is working properly;
b) The Service has not been blocked by APCOA;
c) the operation of the Service has not been restricted by force majeure.
10. the User undertakes to pay to APCOA, prior to the accomplished Parking, the Fee resulting from the price list in force at the Parking Lot reflected in the Application for the specific Parking Lot.
(11) The Service provided by APCOA within the Application shall be deemed to have been performed in full upon completion of the Parking.
12. the Application allows the following methods of payment of the Parking Fee by the User:
(a) automatic debiting of the Card or any other available payment method with the Fee at the time of defining the time for Parking the Vehicle in the Car Park (the basic method of payment of the Fee carried out on the basis of the User's consent as referred to in the Regulations; the Card will be debited with the amount of the Fee with or without the participation of the User prior to the commencement of the Parking); In the case of the extension of the time for Parking, the Card or any other available payment method will be debited again according to the time for the extension of the Parking. The User will be notified of the automatic debit of the Card in the form of a message sent to his/her email address and/or in the form of a message displayed by the Application.
In the event that it has not been possible to debit the Card (e.g. the Card has expired or there are no funds accumulated on the Card in an amount corresponding at least to the Fee due), the User will be notified of the above in the form of a message sent to the User's email address and a message from the Application, and APCOA will successively make repeated attempts to debit the Card, and in the event that these attempts prove unsuccessful, APCOA is entitled to initiate the procedure for the recovery of funds due to APCOA for non-payment of the Fee;
(b) payment of the Fee by the User by means of payment methods other than the Card made available in the Application; in such case, APCOA shall cease its attempts to automatically debit the Card pursuant to point a above;
(c) in the event of early termination of Parking, the amount already charged for Parking shall not be refunded;
(d) the Transaction Fee shall apply to each Parking session started or extended.
13 In accordance with item 40 of the Annex to the Regulation of the Minister of Finance of 28 December 2018. on exemptions from the obligation to keep records using cash registers, APCOA does not issue receipts. Proof of payment of the Fee is a statement of the bank account or card account used to pay for the Parking via the Application. A confirmation for each completed parking session will be issued and sent to the User's email address provided during the registration process.
(14) At the User's request, a VAT invoice may be issued to the User. The User shall request APCOA to issue a VAT invoice in the manner specified in § XI section .2 of the Regulations.
§ VI - Charges for Electronic Tickets
(1) The Application allows the User to purchase Electronic Tickets that enable the payment of Parking Fees at a Parking Lot selected by the User in accordance with the provisions of § V.
§ VII - Blocking of Services
(1) APCOA reserves the right to block all or part of the Services provided within the Application in the following cases:
(a) non-payment by the User of the Fee due in accordance with the Regulations;
b) withdrawal by the User of his/her consent to automatically charge the Card;
c) expiry date of the Card or blocking of the Card;
d) impossibility to collect the Fee by means of tools other than the Card;
e) breach of the provisions of these Terms and Conditions by the User.
(2) In the cases indicated in Paragraph 1(a)-(b) above, the blocking continues until the Fee is paid. In the cases indicated in Paragraph 1(b)-(c) above, the blocking lasts until the Card is registered in the Application in accordance with the provisions of the Terms and Conditions. In the case indicated in Paragraph 1(d), the blocking lasts until the obstacle is removed. In the case indicated in paragraph 1(e), the blockade lasts until the matter is clarified by APCOA.
§ VIII - Personal data
(1) APCOA is the administrator of the Users' personal data.
2 The legal basis, the purpose, the period of processing of personal data and the rights to which the User is entitled, as well as other important information regarding the principles of personal data processing, are detailed in the APCOA FLOW Privacy Policy, taking into account the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (the "Regulation").
(3) The provision of personal data is voluntary but necessary for the performance of the Services.
(4) If you have any questions regarding the processing of your data or to exercise your rights under the Regulation, it is possible to contact the Data Protection Officer at odo@apcoa.pl or in writing to APCOA: APCOA Polska APCOA z o.o. with registered office at Rondo ONZ 1, 00-124 Warsaw, mark: personal data protection.
§ IX - Complaints and dispute resolution
(1) In the event of malfunctioning of the Services, the User is entitled to lodge a complaint against APCOA. The User shall submit a complaint:
(a) in writing - in person at APCOA or by postal carrier, courier or messenger to APCOA's address: APCOA Polska APCOA z o.o. with its registered office at Rondo ONZ 1, 00-124 Warsaw; b) electronically - via the email address flow@apcoa.pl.
(2) The complaint should contain a brief description of the reported objections, the registration number of the Vehicle, the address of the Car Park, the date and time of the incident and indication of the User's data together with their correspondence address (e.g. residence address), or if the User has requested to receive the response to the complaint by e-mail - then the User indicates the e-mail address for delivery of the response to the complaint.
(3) Upon the User's request, APCOA shall confirm to the User the receipt of the complaint by e-mail or in writing.
(4) APCOA shall consider the complaint immediately, but no later than within 30 days of receipt.
(5) If the complaint needs to be supplemented, APCOA shall request the User to supplement the complaint.
(6) The response to the complaint shall be provided in paper form to the User's mailing address, unless: The User has lodged the complaint by e-mail, in which case the response to the complaint is delivered to the e-mail address provided by the User.
(7) The User should bear in mind that submitting a complaint immediately after the User has raised an objection may facilitate and accelerate a fair consideration of the complaint by APCOA.
8. the complaint procedure does not exclude the User's rights under the provisions of the law.
(9) The User has the right to file an action against APCOA to a common court. The court competent to resolve the User's claims against APCOA arising from these Regulations shall be the court competent according to the provisions of the Code of Civil Procedure (as a rule, the court competent due to the address of the registered office of APCOA).
10. the User who is a consumer is also entitled to make use of out-of-court ways of pursuing claims, in particular the Permanent Consumer Arbitration Courts at the Provincial Inspectorates of Trade Inspection.
(11) The User who is a consumer also has the right to seek assistance from the locally competent District (City) Consumer Ombudsman.
§ X - Reservations
(1) It is not permissible to use the Application or the Services to infringe or circumvent the law or the rules of fair trading.
2. the User undertakes to use the Application and the Services in a manner consistent with the law and the rules of social coexistence, solely for the purpose of using the Services in accordance with their purpose as described in the Terms of Use. In using the Application, the User is prohibited from entering content which he/she is not authorised to enter, in particular content which infringes any rights of third parties or which is contrary to good morals.
3. during the term of the Framework Agreement, the User shall have the right to request at any time that the provisions of the Framework Agreement and the Terms and Conditions be made available to him or her on a durable medium, including by e-mail or on paper. The Terms and Conditions may also be downloaded and subsequently saved and stored by the User in the memory of his/her device.
(4) APCOA reserves the right to periodically carry out upgrades, maintenance work and make updates to the systems enabling the Services covered by these Terms and Conditions, which may result in restrictions on the use of the Services.
§ XI - Communication
(1) The language in which APCOA communicates with the User and concludes the Framework Agreement is Polish.
(2) Unless otherwise provided in these Regulations, the User may communicate with the Company:
a. electronically, through the e-mail address flow@apcoa.pl
b. in writing, at the address: APCOA Polska Sp. z o.o. with its registered office at Rondo ONZ 1, 00-124 Warsaw.
3. APCOA communicates with the User electronically, by telephone or in writing, however, unless the provisions of the Regulations or the law indicate otherwise, the basic form of communication with the User shall be e-mails or messages transmitted via the Application.
§ XII - Validity, termination, change and withdrawal from the Framework Agreement
(1) A Framework Agreement is concluded through the Application.
2) A Framework Agreement is concluded upon acceptance of the Terms and Conditions by the User, provided that the requirements specified in the Terms and Conditions are met.
3. the Framework Agreement is concluded for an indefinite period of time, and the commencement of the provision of the Services referred to in § IV of the Terms and Conditions takes place immediately after its conclusion.
4. the User may terminate the Framework Agreement at any time, without giving any reason, with immediate effect, by uninstalling the Application from all media.
(5) APCOA may terminate the Framework Agreement, provided there are compelling reasons for doing so, with 7 days' notice. The termination shall be communicated by APCOA by e-mail.
(6) APCOA, provided there are compelling reasons to do so, shall be entitled to amend the provisions of the Framework Agreement by amending the Terms and Conditions in accordance with the procedure set out in this paragraph.
(7) Valid reasons for APCOA to terminate the Framework Agreement or amend the Terms and Conditions shall be:
a. Adjustment to legislation affecting the provision of the Services;
b. change or appearance of new taxes or fees of public law nature related to the provision of the Services;
c. recommendations, recommendations or other types of requests and orders formulated by public administration authorities;
d. to improve the security of the Services provided;
e. to improve the functionality of the Services;
f. to expand the catalogue of Services provided;
g. increasing the competitiveness of the Services on the market;
h. changes in the costs of services provided by external suppliers, costs of maintenance and operation of the infrastructure to the extent used in the provision of the Services;
i. termination of the Company's cooperation with the Operator or any other entity with the cooperation of which APCOA provides the Service;
j. discontinuation of the provision of the Services by APCOA.
(8) The Parties agree that an amendment to the Terms of Use resulting in the addition of new functionalities to the Application shall be made exclusively for the benefit of the User, and therefore the procedure indicated in paragraphs 9-11 below shall not apply to the aforementioned amendment to the App. The User shall be informed of the above changes to the Terms of Use in the manner adopted for communication between the Parties.
(9) Subject to paragraph 8 above, APCOA shall inform the User of the proposed amendments to the provisions of the Terms and Conditions no later than 7 days prior to their proposed effective date by e-mail.
(10) If the User does not object to the proposed changes to the Terms and Conditions, it shall be deemed to have agreed to them. The User, prior to the proposed effective date of the changes, has the right to terminate the Framework Agreement with immediate effect.
(11) If the User objects to the proposed changes but does not terminate the Framework Agreement, the Framework Agreement shall terminate on the day before the proposed changes come into force.
(12) The User who is a consumer shall have the right to withdraw from the Framework Agreement without giving any reason and without incurring any costs other than those specified in paragraph 14 by means of a declaration made within fourteen days of the conclusion of the Framework Agreement.
(13) Withdrawal may be made by submitting a declaration of withdrawal to APCOA. The statement of withdrawal from the Framework Agreement may also be sent to APCOA by e-mail to flow@apcoa.pl.
(14) The commencement of the provision of Services of a chargeable nature, based on the Framework Agreement and before the expiry of the period referred to in paragraph 12, shall take place only upon an express request of the User. The request to start providing the Services shall be made through the Application. In the event of termination of the Framework Contract, the User shall bear the costs of the Services performed at his/her request until the Framework Contract is terminated (i.e. he/she is obliged to pay the Fees).
§ XIII- Final provisions
The rights and obligations of the Parties described in these Terms and Conditions and constituting the subject of the Framework Contract shall be governed by Polish law.