GENERAL INFORMATION
April 2021
These Terms and Conditions regulate the car park management and operation service, by which iPark Construarán UTE, with CIF U04289492 and registered office at Calle Camino de las Ceudas, 2. 28232 Las Rozas de Madrid, Madrid, (hereinafter “IPARK”) and its affiliates make available to client users (hereinafter “Clients” or “Users”) through the Website the hiring of the services provided by IPARK to the Client (hereinafter the “Services”) and that are described on the Website.
The purchase of the Services implies the acceptance of these Terms and Conditions as well as the rest of the conditions that bind the Client, and in particular the Legal Notice, the Privacy Policy and the Cookies Policy.
If the Clients wish to contact IPARK for any questions or incidents with their purchase, they can use the postal address of the car park, the telephone number of the car park or, if they prefer, the email address clientes@iparksa.com.
These Terms and Conditions are applicable from their publication on the Internet and may not be applied to contracts concluded previously. Each contract on the Web page is governed by the Terms and Conditions applicable on the date of purchase and payment of the hired Service. To do this, it is convenient for Clients to read the Terms and Conditions before using and/or hiring any of the Services, which will be present at all times. As proof of knowledge and acceptance thereof, Clients must press the button “I have read and accept the Terms and Conditions of Purchase” if they agree, so that, once the Service they wish to acquire has been selected, they can access the payment screen. The procedures for hiring and/or using the Service are those that are described in these Terms and Conditions, as well as those other specific ones that are indicated on the screen during navigation, so that the Client declares to know and accept said procedures as necessary to hire the Service.
With the acceptance of these Terms and Conditions, the Client expressly accepts and declares to be aware of the Legal Notice, which also governs the use made of the Services, being applicable with regard to this clause.
The Services offered on the Website, together with their characteristics, descriptions and total price, as well as the corresponding legal guarantee and, where appropriate, other commercial guarantees that could pertain to the Client, will appear on the screen.
IPARK reserves the right to decide at any time the Services that are contained and offered to Clients through the Website. In this manner, IPARK may, at any time, add new Services to those included on the Website, it being understood, unless otherwise specified, that such new Services will be governed by the provisions of the Terms and Conditions in force at that time. Likewise, IPARK reserves the right to stop providing access, at any time and without prior notice, to any of the Services offered on the Website.
MODIFICATION OF THE CONDITIONS
IPARK reserves the right to unilaterally modify these Terms and Conditions of Purchase at any time. All changes to these Terms and Conditions of Purchase will be posted online. Clients will be subject to the version of this document that they accepted at the time of purchase.
ONLINE PURCHASE PROCESS
To purchase the Services offered on the Website, the Client must follow the instructions shown on the screen and accept the purchase by complying with the aforementioned instructions.
If the Client is a natural person, he or she must be at least 18 years old to acquire the Services.
The contracting will be carried out through the completion by the Client of the different forms that are presented throughout the purchase process and the express acceptance by the Client of these Terms and Conditions and of all the conditions applicable to the contracted product. In the purchase process, sending the completed form, pressing the “Pay and Finish Purchase” button will end the process and will mean full acceptance by the Client of IPARK’s commercial proposal and the applicable conditions, redirecting to a page confirmation of the purchase on the screen, which the Client can print.
The Client must have previously registered as a user in the Virtual Store.
Except in the event that the vehicle is a motorcycle, access to the car park will be by license plate reading. No Package will be issued. In the case of motorcycles, Client must identify themselves at the entrance of the car park and withdraw a physical package (card) to be able to enter and leave the car park. This fact will be noted during the hiring process.
PACKAGES AND RESERVATIONS
The user can make a Reservation of days of stay in the IPARK car parks or buy a Package through the official website or APP. You must provide the key data (name and surname, registration, arrival date, number of days of stay, email address, telephone) that the system asks you for, without which you will not be able to advance in the Reservation process.
You will receive an email at the email address you entered during the Reservation or purchase process with your Reservation confirmation. Please make sure you have received this email. If you do not receive this email, contact our Client service (clientes@iparksa.com) or try to make another Reservation or purchase a package. Your Reservation/purchase will not have been registered, so if you go to the car park you will be charged at the official price without a Reservation.
The parking fee with reserved space will be calculated for periods of 24 calendar hours.
The price of the packages and their duration are indicated on the website.
For Reservations, the minimum payment amount will be that corresponding to the minimum stay according to the product conditions, and the length of stay will be counted by full days and/or fractions.
When undertaking the Reservation/purchase, the system will provide you with a locator number. Possession of this number confirms and guarantees your Reservation/purchase, provided that you comply with the Reservation/purchase conditions and the license plate of the vehicle with which you park is the same as that which appears in the Reservation/purchase. If the client parks with a vehicle whose license plate is different from the one that appears in the Reservation/purchase, the Reservation/purchase will not be valid.
It is necessary to make the Reservation/purchase of a space at least one (1) hour before the scheduled time of arrival at the car park. Otherwise, the Reservation/purchase will not be valid and the amount of the stay will be calculated according to the official rate for parking in each car park. In the same manner, Reservations cannot be made for days already past, prior to the purchase itself.
The Reservation of the spot can only be made for a single vehicle. To book the stay of more vehicles, you must make a Reservation for each of them or a package for each of them.
The client will be able to print proof of the Reservation/purchase made.
The client may modify or cancel the Reservation/purchase made up to the day before their entry. Modifications and cancellations of Reservations/purchases must be made through the car park website, or by email.
PRICE AND METHOD OF PAYMENT
The prices of the Services displayed on the Website will be expressed in euros and include any applicable taxes and other costs that may apply.
Payment for the Service contracted by the Client is made by credit or debit card or through the PayPal system (PayPal account or card payment) or any other payment platform that IPARK may make available to the User in the future. In this sense, the Client must proceed to fill in the data or the form to which he or she is redirected depending on the method that has been selected in each case.
To proceed with the payment, the Client must follow each and every one of the instructions that appear on the screen, providing the required information. The Client undertakes not to provide false information, including names, addresses and/or contact or payment details; not to initiate any illegal activity in connection with the purchase and not to allow anyone else to do so.
Depending on the payment platform used, in order to make the payment effective, the Client must previously accept the conditions of the payment platform, which is responsible for managing and carrying out the entire payment and collection process for the hired Service, acting in its status as an IPARK payment provider.
IPARK states that it does not have access to or store sensitive data related to the means of payment used by the Client. Only the corresponding payment processing entity has access to this data by way of managing payments and collections.
All data provided for these purposes is encrypted to ensure maximum security.
RIGHT OF WITHDRAWAL AND REFUND
IPARK informs you that, subject to the conditions established in this clause, you will have the right to withdraw from them without the need for justification regarding the following Services:
- Packages: with a minimum notice of 24 hours before its entry into force.
- Reservations: at least 24 hours in advance of its entry into force.
- Promotional campaigns will be subject to the terms established in the offer, promotion, advertising or in the contract itself.
To exercise the right of withdrawal, the Client must issue notifications to the email address: where the order was placed or to the following address: clientes@iparksa.com, indicating in the subject thereof “Withdrawal (Name of the hired Service)” your decision to withdraw from the contract through an unequivocal statement.
In case of withdrawal on your part, IPARK will communicate via email the acknowledgment of receipt of your withdrawal and will proceed to return all payments received by the Client, NET of bank costs, without any undue delay and, in any case, no later than 14 calendar days from the date on which the Client informs IPARK of his or her decision to withdraw from this hired Service. IPARK will proceed to make said refund using the same means of payment used by the Client for the initial transaction. In any case, you will not incur any expenses as a result of the reimbursement.
The refund will be considered executed if the Client does not reject it within fourteen (14) calendar days from the date of receipt. The exercise of the right of withdrawal will extinguish the obligations of IPARK with the Client in relation to the Service concerning which he or she has withdrawn.
These conditions will only be applicable in the event that the Client is a consumer and user in accordance with the definition established in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.
LIABILITY
IPARK shall not be liable for any delay or failure to perform its obligations if such delay or failure is due to circumstances beyond our reasonable control.
Except as expressly provided otherwise in these Terms and Conditions, IPARK’s liability will be strictly limited to the purchase price of the Service.
The provisions of this clause will not affect the legal rights that correspond to you as a consumer and user, nor your right to withdraw from the Contract.
CONFIDENTIALITY AND PRIVACY
With the acceptance of these Terms and Conditions, as provided for at the beginning of this document, the Client expressly accepts and declares to be aware of the Privacy and Cookies Policy, which also governs the use made of the Services.
DURATION AND TERMINATION OF THE CONTRACT
These Terms and Conditions will have an indefinite duration.
In the event that the Client cancels his or her registration, the Client’s Virtual Office account and all the information collected and stored will be deleted. The cancellation of said access data will entail the cancellation of all the access codes to the accounts, and the information of the financial entities, payment entities or providers of financial or other non-financial services with whose data the Website operates. Consequently, it will not be possible to link said keys to the already canceled identifier of the former Client. For its part, IPARK may cancel the Service by means of a communication sent to the email that is associated and/or indicated by the Client fifteen (15) days in advance. It will not be necessary to allege any cause; the cancellation of the Service by IPARK does not generate the right to any compensation, notwithstanding the reimbursement by IPARK to the Client for the amounts paid and not used by the Client as a result of the early cancellation of the relationship by IPARK.
This prior notice will not be necessary in the event that the Service is suspended as a result of incorrect use of the Website or the Virtual Office account by the Client, which could negatively affect its provision or in the event of serious breach of any other obligations of the Client, including being up to date with the payment of the IPARK payment services to enjoy them.
VALIDITY AND COMPLETE AGREEMENT
The declaration of nullity or invalidity of any stipulation contained in these Terms and Conditions will not affect the validity and effectiveness of the other clauses.
The Terms and Conditions of the Services provided by IPARK through the Website, as well as the Legal Notice and the Privacy and Cookies Policy, constitute the complete agreement between the parties, being considered superior to any prior written or verbal agreement., understanding, affirmation, representation, negotiation or intention of agreement in relation to this matter.
APPLICABLE LEGISLATION
The relationship between IPARK and the Client will be governed, for all purposes, by Spanish law.
Unless otherwise provided by law, the relationship between IPARK and the Client will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of Madrid (Spain), or to the Courts and Tribunals indicated by the current regulations that apply.