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GENERAL RULES

SIA CITYPARKS LATVIA

1. Terms used in these General Terms

Parking Regulations - instructions to the Customer, which are available at each Parking Space and are located in a prominent place. The applicable Parking Regulations may vary depending on the location of the Parking Space and the time of parking the Vehicle.

Right of withdrawal - the Customer's right to withdraw from the Contract as set out in the Consumer Rights Protection Act.

Cityparks - service provider SIA "Cityparks Latvija", registered office at 12 Ernestīnes Street, Riga, Latvia, registration number 40103735168, e-mail address: parks@cityparks.lv, telephone number: +371 67 67 67 65.

Client - the natural or legal person to whom Cityparks provides the Services. The Customer may be a User or a Guest.

User - a Customer who uses the Service by registering on the Site. Upon registration on the Site, a User account is created for the Customer.

Contract - the contract concluded between Cityparks and the Customer for the parking of the Vehicle in the Parking Space. The Contract consists of these Terms and Conditions and the Terms and Conditions of Use of the Parking Space.

Fee - the fee for the Service and other fees payable by the Customer to Cityparks.

Terms and Conditions - these General Terms and Conditions.

Service - the parking service in the Car Park that may be used during the selected period. The selected Service Period cannot be divided and any unused Service Period cannot be re-used outside the purchased Service Period.

Consent - the Customer's agreement to receive the Service and enter into the Agreement.

Parties - Cityparks and the Client together.

Parking Area - an unprotected, open parking area for the parking of Vehicle(s) provided to the Customer by Cityparks or a Cityparks Partner or a structure (parking building) used for the parking of Vehicle(s);

Vehicle - a motor vehicle for the parking of which the Parties have entered into an Agreement and/or the national registration number of which has been recorded by Cityparks equipment located at the Parking Facilities.

Guest - a Customer who uses the Service without creating a User Account (e.g., by scanning the square code displayed in the Parking Spaces and filling in the requested information when making a parking payment).

Website - Cityparks' website on the Internet at www.eparking.lv.

 

 2. General Terms and Conclusion of the Agreement

2.1 These Terms and Conditions apply to all Customers who have entered into an Agreement with Cityparks. By entering into the Agreement, the Customer acquires the right and assumes the obligation to use the Parking Area in accordance with the terms of the Agreement. The Customer may at any time consult the current version of the Terms at www.eparking.lv.

2.2 The Contract shall be deemed to be concluded when the Customer has given the Consent and has paid the Service Fee in accordance with the price indicated on the Site. Consent is given by the Customer reading the terms of the Agreement and noting such acknowledgement on the Site:

"I have read the Distance Agreement and the Privacy Policy and agree to the terms of these documents. I confirm that I have been informed that if I purchase the Service, I may withdraw from its use no later than 24 hours before the time of commencement of use of the parking space."

The Consent confirmed by ticking the box above shall have the same legal effect as a document signed by the Customer and such Consent shall be deemed sufficient evidence to resolve any disputes between Cityparks and the Customer. The Customer shall not be entitled to dispute the Service received on the basis of the Consent provided in accordance with these Terms.

2.3 The Parties acknowledge and understand that the Contract entered into shall be deemed to be a distance contract under the laws and regulations.

2.4 The Customer's consent to the terms of this Agreement shall also constitute consent to the processing of the personal data provided by the Customer (e.g. name, surname, email address, telephone number, national registration number of the Vehicle, data provided on the Website, photo captures taken in the Parking Areas and other data related to the use of the Service) in accordance with Cityparks Privacy Policy, available at: https://eparking.lv/content/link/id/gdpr.

2.5 The Customer shall be responsible for compliance with the terms of the Agreement even if it has transferred the Vehicle for use to a third party.

2.6 The Customer may purchase the Services provided by Cityparks both as a User and as a Guest.

2.7 The Customer may purchase hourly and daily tickets, as well as monthly, daily and nightly subscriptions. The types of tickets and subscriptions available for each specific Parking Space are set out on the Site.

2.8 The Agreement shall remain in force until the obligations of the Parties have been fully performed.

 

3. Applying for the Service

3.1 The User logs in to the Service on the Site by logging in using the authorization means available on the Site (e.g. BankLink authorization; User's e-mail and password).

3.2 A Guest applies for the Service without being authorised on the Site (without creating a User account on the Site).

3.3 By logging in to the Service, the Customer is responsible for the accuracy and truthfulness of the data entered and/or selected, and by agreeing to the Service, the Customer acknowledges that in the event of any false statements, the Customer shall be liable under with these Terms and the applicable laws and regulations, and that Cityparks shall be entitled not to provide the Service due to incorrect or erroneous information.

3.4 The Customer shall indemnify Cityparks for any losses incurred as a result of the provision of incorrect or inaccurate information.

3.5 Cityparks shall not be liable for any consequences arising from the Customer's provision of incorrect or inaccurate information.

3.6 Application for and payment for the Service does not guarantee a space in the Parking Space and is not reserved. Cityparks shall not be liable for any damages incurred by the Customer if there are no available spaces in the Parking Area.

 

4. Fees and payment terms

4.1 The charges are set out on the Site in the section for each car park and are inclusive of value added tax. The Customer shall be charged the Charges in force at the time of entering into the Contract.

4.2 The Charges are subject to change depending on the time of request (time of day).

4.3 If the actual time of use of the Service is shorter than the purchased time of the Service, the difference for the Service will not be refunded.

4.4 The parking fee shall be payable in advance for the entire period of use of the parking space. Payment may be made:

4.4.1. using the ticket machine installed in the Parking Lot;

4.4.2. using any mobile application indicated on the information signs placed in the territory of the Parking Lot;

4.4.3. through online payments on www.eparking.lv.

4.5 Upon payment on the Site, Cityparks shall send an invoice for the Service to the email address (if any) provided by the Customer. The invoice is also sent to those legal entities that have made a note on the Site that they have received the invoice.

4.6 Payments on the Mobile Applications and on the Website are made in a non-cash form and are processed by financial institutions engaged by Cityparks. Cityparks shall not be liable for any errors made by these payment processors and for any losses incurred by the Customer as a result of these financial institutions.

4.7 The Customer is responsible for the payment method chosen and the costs incurred in connection therewith.

 

5. Parking use and liability

5.1 The Customer shall have the right to park the Vehicle in any available parking space in the Parking Area. Cityparks shall have the right to independently use the remaining spaces in the Parking Space and/or to make them available to third parties. The Customer shall not be entitled to request Cityparks to use a specific and/or the same parking space in the Parking Space each time.

5.2 The Customer shall use the Parking Space in good faith and in accordance with the Road Traffic Regulations and the Parking Space Terms of Use, including parking the Vehicle in such a manner that its parking does not unreasonably reduce the number of available parking spaces in the Parking Space (i.e. adhere to the horizontal markings of the Parking Space) and does not impede the movement of any other vehicle.

5.3 Only Vehicles that are registered with the relevant state authorities, are roadworthy and have state registration plates may be parked in the Parking Space. The types of Vehicles permitted to be parked in the Car Park are those specified in the Car Park's Terms of Use.

5.4 It is permitted to move and park Vehicles in the Car Park in such a way as not to endanger or cause damage to the Car Park (including the enclosures and traffic management devices in the Car Park), persons and/or other vehicles in the Car Park or any other property.

5.5 The Customer agrees to comply with the Agreement, including the Parking Rules and the instructions of Cityparks controllers/employees in relation to the use of the Parking.

5.6 The Customer is responsible for the parking and movement of the Vehicle in the Parking Space and shall be liable to Cityparks for any damage caused as a result of a breach of the Agreement. In addition, but without limitation, the Customer shall be liable for any damage caused to the Parking and/or Cityparks' facilities, traffic management equipment or third parties.

5.7 Cityparks shall not be liable for:

5.7.1. for any damage caused to the Customer, including any loss of profit, and shall have no obligation to compensate for such damage;

5.7.2. for damage resulting from Force Majeure;

5.7.3. for damage caused to the Customer by the acts or omissions of third parties while the Vehicle is parked, moving or in the Parking Space.

5.8 The Customer undertakes to pay Cityparks the Fee for the Service. In Parking Lots where parking of the Vehicle is permitted free of charge in accordance with the traffic management measures, the Customer undertakes to mark the start time of parking of the Vehicle on the control panel using the parking clock. In the event that the Customer has not indicated/recorded the time of parking of the Vehicle, the Parties shall take into account the relevant data recorded by Cityparks in calculating the parking time of the Vehicle.

5.9 If the Customer fails to pay the Fee and/or otherwise breaches its obligations under the Agreement, Cityparks shall be entitled to impose a penalty. The amount of the contractual penalty shall be specified in the Terms of Use of each Parking Space. Cityparks shall post the demand for the penalty charge in the Parking Space on the windscreen of the Vehicle concerned or shall notify the penalty charge by sending a relevant notice to the address of the keeper indicated on the Vehicle Registration Certificate or, if no keeper is indicated, to the address of the owner (holder) of the Vehicle. The Customer undertakes to pay the penalty in the manner and within the time limit specified in Cityparks' claim.

5.10 Cityparks shall have the right to move the Vehicle involuntarily if it:

5.10.1. is parked in violation of the requirements of the technical means of traffic organisation installed in the Parking Space, including horizontal markings and/or

5.10.2. creates a dangerous or obstructive situation for road traffic or otherwise violates the requirements of the regulatory enactments governing road traffic; and/or

5.10.3. causes damage to Cityparks and/or third party property; and/or

5.10.4. interferes with other users of the Parking Space, including by reducing the number of parking spaces.

5.11. The expenses for the forced relocation of the Vehicle shall be borne by the keeper indicated in the Vehicle registration certificate or, if no keeper is indicated, by the owner (possessor) of the Vehicle or his authorised person.

5.12.Forced relocation of the vehicle shall also be carried out in the cases and in accordance with the procedures specified in the regulatory enactments. Cityparks shall have the right to involve third parties in the forced relocation.

5.13. Cityparks has the right to carry out any maintenance and repair works in the Parking Area without prior notice, including those that temporarily reduce the number of parking spaces in the Parking Area, organising the said works in such a way as not to cause any disruption to the Customer. Cityparks shall also have the right to reduce the number of parking spaces in the Parking Area in the event of force majeure or circumstances beyond Cityparks' control (e.g. accident or breakdown). The Customer agrees to tolerate such maintenance and repair works and their effects without making any claims or demands arising out of any inconvenience to the use of the Parking Space. For the purpose of servicing or repair work, accident or accident prevention or recovery, Cityparks shall be entitled to require the Customer to move the Vehicle by giving reasonable notice (such notice to be deemed to be notice in accordance with the Conditions if the necessary information is displayed in the Parking Space).

 

6. Changes to the Rules, Parking Regulations and Charges

6.1 The Rules, the Parking Terms and the Charges shall be determined by Cityparks. Cityparks shall have the right to unilaterally change the Terms and Conditions, the Parking Terms and/or the Fees.

6.2 Cityparks shall notify the Customer of changes to the Terms and/or Parking Terms by posting the changed Terms and/or Parking Terms on the Website. The changes shall come into effect upon their publication on the Site.

6.3 If the amendments to the Contract fall at a time when the Customer is using a Service already purchased, the Customer shall continue to use the Service in accordance with the version of the Contract in force at the time the Contract was concluded.

6.4 Cityparks shall notify the Customer of changes to the Fees by publishing them on the Site and/or by displaying the new Fees in the Parking Area. The changes shall come into effect from the moment of their publication on the Website and/or posting in the Parking Area.

 

7. Exchange of information and documents

7.1 The Client shall send to Cityparks all notices relating to the Agreement and the performance of its terms or other correspondence to the details of Cityparks set out in the Agreement or via the Website.

7.2 Cityparks shall send notices relating to the Contract and the performance thereof (including termination of the Contract) to the Customer's designated contact number by text message, to the Customer's email address and/or via the Website.

7.3 The Customer shall ensure that the data provided to Cityparks (including personal data and contact details) is kept up to date. In the event of any changes to the data, the Customer shall notify Cityparks immediately of any changes to its personal data or contact details.

7.4 Cityparks shall publish all general notices on the Site.

 

8. Right of withdrawal (not applicable if the Client is a legal entity)

8.1 The Customer shall have the right within 14 (fourteen) days from the date of conclusion of the Contract to exercise the Right of Withdrawal and withdraw from the Service (withdraw from the Contract) without giving any reasons for withdrawal.

8.2 The Right of Withdrawal may be exercised in respect of the Service up to 24 (twenty-four) hours before the start time of the Service and the Customer has expressly agreed and acknowledged by purchasing the Service that it is aware that it will lose the Right of Withdrawal 24 (twenty-four) hours before the start time of the Service.

8.3 The Customer shall notify Cityparks of the exercise of the Right of Withdrawal in writing by sending a completed Withdrawal Form to Cityparks at parks@cityparks.lv or by submitting it on the Website. The Right of Withdrawal Form must be sent to Cityparks before the time limit set out in clause 8.1 of the Agreement. A sample withdrawal form is available here.

8.4 Upon receipt and review of the Right of Withdrawal Form, Cityparks shall promptly, but no later than within 14 (fourteen) days of receipt of the Customer's decision to withdraw from the Agreement, refund to the Customer's nominated current account the amount paid by the Customer, except as provided in Clause 8.2.

8.5 If the Customer fails to comply with clause 8.3 of the Agreement, the Customer shall be deemed not to have exercised the Right of Withdrawal and shall be obliged to pay for the Service in accordance with the Agreement.

 

9. Handling claims and disputes

9.1 Claims and disputes arising during the performance of the Contract shall be settled by negotiation between the Parties.

9.2 The Customer may submit a claim in Latvian, English or Russian by sending it:

9.2.1. by e-mail: parks@cityparks.lv;

9.2.2. by post - Ernestīnes iela 12, Riga, LV-1083, Latvia;

9.2.3. on the Website: eparking.lv.

Cityparks parks shall prepare its response to the Claim in Latvian.

9.3 Cityparks does not consider anonymous Claims.

9.4 If the Claim concerns a specific business relationship between Cityparks and the Customer, then, when examining the Claim, Cityparks shall identify the person submitting the Claim.

9.5 Information to be included in the claim: information about the claimant (for natural persons - name, surname; for legal persons - name and registration number, position and name of the representative, basis of representation), date and place of drafting, address of the claimant (for natural persons - address of actual residence, for legal persons - legal and/or factual address), circumstances and document substantiating the claim, telephone number and e-mail address.

9.6 In making a claim relating to the performance of the provisions of the Agreement or claiming damages from Cityparks, the Client shall provide the grounds for the circumstances or the damages immediately but no later than 1 (one) month after discovery of the circumstances or no later than 3 (three) months after the occurrence of such circumstances, whichever is the earlier.

9.7 If the Customer disagrees with Cityparks' response to the submitted claim, the Customer has the right to file a claim with the Consumer Rights Protection Centre (pasts@ptac.gov.lv, Brīvības iela 55, Riga, LV-1010) or to file a complaint with the European online dispute resolution platform (https://ec.europa.eu/consumers/odr/).

9.8 If no agreement is reached, the dispute between Cityparks and the Customer shall be settled by a court of general jurisdiction of the Republic of Latvia in accordance with the applicable laws and regulations of the Republic of Latvia.

 

10. Other provisions

10.1 In order to withdraw from the Agreement concluded for a monthly parking subscription, the Customer shall submit to Cityparks a notice in free form not less than 5 (five) business days before the expiry of the Agreement, in accordance with the procedure set out in Section 7 of these Regulations.

10.2 A Party may withdraw from the Agreement without prior notice if the other Party materially and/or repeatedly breaches its obligations under the Agreement by giving notice to the other Party to that effect. The failure of Cityparks to provide the Customer with a parking space, including repeatedly, shall not constitute a material breach of the Agreement, unless caused by Cityparks' wilful misconduct or recklessness.

10.3 Cityparks shall have the right to organise campaigns, the terms of which shall not apply to already concluded Contracts. Discounts granted in the course of a campaign shall only apply under the conditions and for the period specified in the terms of the campaign.

10.4 Cityparks has the right to transfer the debt collection to a third party debt collection service provider without the Client's consent. The Customer undertakes to reimburse Cityparks for the costs of debt collection upon Cityparks' request.

10.5 In matters not regulated by the Agreement, the Parties shall comply with the applicable laws and regulations of the Republic of Latvia.