Last updated: April 2019
These Terms and Conditions regulate the parking management and operation service, for which iPark Estacionamientos y Servicios SA (hereinafter, "IPARK") and its affiliates, makes available to the client/users (hereinafter, "Clients" or "Users") through the Website, for contracting, the services provided by IPARK to the Client (hereinafter, the "Services") and which are described on the Website.
If the Client wishes to contact IPARK for any query or incident related to his/her purchase, he/she can use the postal mail address of the car park, the phone number of the same or the email address at email@example.com
These Terms and Conditions are in full force and effect as of their publication on the website and may not apply to contracts previously concluded. Each purchase on the Website is governed by the Terms and Conditions applicable on the date of purchase and payment of the contracted Service. To this extent, it is recommended that Clients read the Terms and Conditions before using and / or contracting any of the Services. As an evidence of their knowledge and acceptance, the Customer must click on the "I have read and accept the Terms and Conditions of Purchase" button if they are in agreement, prior to get access to the payment step. The procedures for contracting and / or using the Service are those described in these Terms and Conditions, as well as those specific ones that are indicated on the screen during navigation, so that the Client declares to be aware of and accept these procedures prior to contract the Service.
With the acceptance of these Terms and Conditions, the Client expressly accepts and represent to know the Legal Notice, which also governs the purchase of the Services.
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 may assist the Client, will appear on the screen.
IPARK reserves the right to decide at any time the Services that are contained and offered to Customers through the Website. In this sense, IPARK may, at any time, add new Services to those included in the Website, being understood that, unless otherwise provided, 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 discontinue providing access, at any time and without prior notice, to any of the Services offered on the Website.
MODIFICATION OF THE TERMS & CONDITIONS
IPARK reserves the right to unilaterally modify these Terms and Conditions of Purchase at any time. All amendments to these Terms and Conditions of Purchase will be published online. The Client will be bound to that version that he accepted at the time of the purchase.
ONLINE PURCHASE PROCESS
For the acquisition of the Services offered on the Website, Users must follow the indications shown on the screen and accept the purchase by complying with the aforementioned indications.
In case the User is an individual (ie, not a company) he/she must be at least 18 years old to make any purchase.
Orders will be carried out through the completion by the User of the different forms that are presented throughout the purchase process and the express acceptance by the User of these Terms & Conditions and of all the conditions applicable to the contracted product. In the purchase process, sending the form once completed, by clicking on the button "Pay and Finish Purchase" will complete the process and will assume full acceptance by the Client of the commercial proposal of IPARK and the applicable conditions, redirecting to a page confirmation of purchase on screen, which the User can print.
The User must have previously registered as user in the Virtual Store.
Except in the case that the vehicle is a motorcycle, access to the car park will be done through automatic number plate recognition. No parking ticket will be issued. In the case of motorcycles, the customer must identify himself at the entrance of the car park and grab a physical title (ie, card) to enter and exit the car park. This circumstance will be pointed out during the purchase process.
PERMITS & BOOKINGS
Users may place an order to book car parking in IPARK’s car parks or purchase a Permit, through our website or official APP. User must provide those key information (name and surname, plate number, date of arrival, number of days of stay, email address, telephone number ...) through purchase process.
An email is sent to users upon finishing booking or purchase process with your booking/purchase confirmation. Please Make sure you have received this email. If you do not receive this email, please contact our customer service (firstname.lastname@example.org) or try again to make another reservation or purchase. Your reservation/purchase may not be registered so if you go to the car park you will be charged at the official rate.
Car parking price will be calculated for periods of 24 natural hours, counting from the date and time of access to the car park, until the departure of the vehicle from it.
Permits are sold at the price and term shown on the website.
For Bookings, the minimum amount of payment will be that corresponding to the minimum stay according to the conditions of the product, and the time of stay will be accounted for full days and / or fraction.
When making the booking/purchase, the system will provide you with a locator number. The possession of this number confirms and guarantees your reservation/purchase, provided that it complies with the booking/purchase conditions and the registration of the vehicle with which you park is the same as that shown in the reservation/purchase. If the user parks with a vehicle whose number plate is different from the one shown in the reservation/purchase, the booking/purchase will not be valid.
It is necessary to make the booking/purchase with at least one (1) hour prior to the selected date of arrival. Otherwise the reservation/purchase will not be valid and the stay charge will be calculated according to the official rate of the car park.
Car parking can only be made for a single vehicle. To reserve the stay of more vehicles, you must make a reservation or obtain a Permit for each of them.
The client can print a proof of the reservation/purchase made.
The client can modify or cancel the reservation/purchase made up to the day before his entry. Modifications and cancellations of reservation/purchases must be made through the car park website, or by email.
PRICE AND PAYMENT METHOD
The prices of the Services shown on the Website will be expressed in euros and include any applicable taxes and other costs that may apply.
The payment of the Service contracted by the Customer is made through a credit or debit card or through the PayPal system (PayPal account or card payment) or any other payment gateway that IPARK may make available to Users in the future. In this sense, the Customer must proceed to complete the data or the form to which it is redirected according to the method selected in each case.
To proceed with the payment, the Customer must follow each and every 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; to not initiate any illegal activity in connection with the purchase and to not allow anyone to do so.
Depending on the payment platform used, in order to make the payment effective, the Customer must previously accept the conditions of the payment platform, responsible for managing and carrying out the entire process of payment and collection of the contracted Service, acting in your 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 entity processing the payment has access to these data as a way of managing payments and collections.
All data provided for these purposes are encrypted to ensure maximum security of them.
RIGHT OF WITHDRAWAL AND REIMBURSEMENT
IPARK warns you that, subject to the conditions established in this clause, Users will have the right to withdraw any purchase at his own discretion regarding the following Services:
To exercise the right of withdrawal, the Customer must notify via e-mail: to car park’s email or to the following address: email@example.com, specifying as subject "Cancellation (Name of the Service contracted)" its decision to withdraw from the contract through an unequivocal statement.
In case of withdrawal, IPARK will communicate via email the acknowledgment of receipt of its withdrawal and proceed to the return of all payments received by the Client, NET of banking costs, without any undue delay and, in any case, at the latest 14 calendar days from the date of Client’s notice. IPARK will proceed to make said refund using the same ways of payment used by the Client for the initial transaction; In any case, any refund charges shall be borne by Client.
The refund will be deemed executed if the Client does not reject it within a period of 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 withdrawn Service.
These conditions will only be applicable if the Customer is a consumer and user in accordance with the definition established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
IPARK will not be liable for any delay or failure to comply with its obligations if such delay or non-compliance were due to circumstances beyond our reasonable control.
Except as expressly provided otherwise in these Terms & Conditions, the IPARK liability will be strictly limited to the purchase price of the Service.
This provision will not affect the legal rights that may correspond to you as consumer and user, nor your right to withdraw from the Contract.
CONFIDENTIALITY AND PRIVACY
With the acceptance of these Terms and Conditions, as provided at the beginning of this document, the Client expressly accepts and declares to know the Privacy and Cookies Policy, which also govern the use made of the Services.
DURATION AND TERMINATION OF THE CONTRACT
These Terms and Conditions will have an unlimited duration.
In the event that the Customer cancels his registration, the Client's account of the Virtual Shop and all the information collected and stored will be deleted. Cancellation will entail that of all the access codes to the accounts, and the information of the financial entities, payment entities or financial or other non-financial service providers with whose data the Website operates. Hence, it will not be possible to link said keys to the already canceled identifier of the old Client. On the other hand, IPARK may cancel the Service by means of a communication sent to the associated email and / or indicated by the Client with an advance of fifteen (15) days. It will not be necessary to claim any cause; the cancellation of the Service by IPARK does not give any right to compensation whatsoever, without prejudice to IPARK restoring to the Customer the amounts paid and not enjoyed by the Client as a result of the early termination of the relationship by IPARK.
This notice will not be necessary in the event that the Service is suspended as a result of the incorrect use of the Website or the account of the Virtual Shop by the Client, which could negatively affect its provision or in the case of serious breach. of any other obligations of the Client, including being up to date with payment of IPARK payment services to enjoy them.
VALIDITY AND COMPLETE AGREEMENT
The declaration of nullity or invalidity of any provision contained in these Terms and Conditions, will not affect the validity and effectiveness of the other clauses.
These 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 total agreement between the parties, superseding any prior written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to this matter.
The relationship between IPARK and the Client will be governed, for all purposes, by Spanish legislation.
Except as 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 current regulations that apply.
iPark Estacionamientos y Servicios de Movilidad SA, is responsible for the process of personal data of the user and informs you that these data will be treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), so the following treatment information is provided:
Aim of the process: to maintain a commercial relationship and to send communications about our products and services. Data conservation criteria: they will be retain while there is a mutual interest to maintain the purpose of the process and when it is no longer necessary for this purpose, they will be eliminated with adequate security measures to guarantee the pseudonymisation of the data or the total destruction of the data. Communication of the data: user authorizes the transfer of your personal data in all those cases in which it is necessary for the correct development, compliance and control of the relationship with the company or in the cases in which it is authorized by a standard with the status of law. Rights that assist the user: Right to withdraw consent at any time. Right of access, rectification, portability and deletion of your data and the limitation or opposition to your treatment. Right to file a claim with the Control Authority (agpd.es) if it considers that the treatment does not comply with current regulations. Contact information to exercise your rights: firstname.lastname@example.org
I understand the above information and I authorize the processing of my personal data.
INFORMATION TO USERS
iPark Estacionamientos y Servicios de Movilidad SA (hereinafter “IPARK”) under current legislation regarding personal data protection, reports that personal data collected through the forms available on the website www.atocha70.es, are included in computerized files and specifically as car park services users. IPARK is the data controller of the website (hereinafter, “THE CONTROLLER”).
The purpose of collecting Personal data and its process is to maintain business relationship and the provision of information, training, counseling and other activities within the scope of services of IPARK.
Data only will be transferred to those entities that are necessary for the sole purpose of complying with the purpose stated above.
IPARK will adopt the necessary measures to ensure the security, integrity and confidentiality for data collected in accordance with the provisions of the EU General Data Protection Regulation (GDPR) 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.
Purpose of the process of personal data:
To maintain a commercial relationship with the User. The operations planned to carry out the processes are:
Data conservation criteria:
Data will be retained while there is a mutual interest to maintain for the purposes for which it was collected; so when it is no longer necessary for this purpose, data will be removed with adequate security measures to guarantee the pseudonymisation of the data or the total destruction of such data.
Communication of the data:
The user expressly authorizes IPARK to transfer his/her personal data in all those cases in which it is necessary for the correct development, compliance and control of the relationship with IPARK or in the cases in which it is authorized by a norm with the rank of law.
Rights that assist the User:
Contact information to exercise your rights:
Mailing address: Camino de las Ceudas, 2 Floor 1 Office O. 28232 Las Rozas (Madrid) Email: email@example.com
COMPULSORY OR OPTIONAL CHARACTER OF THE INFORMATION PROVIDED BY THE USER
The Users, by marking the corresponding boxes and entering data in the fields, marked with an asterisk (*) in the contact form or presented in download forms, expressly and freely and unequivocally accept that their data are necessary to meet your request, by the provider, being voluntary the inclusion of data in the remaining fields. The User warrants that the personal data provided to the CONTROLLER person is true and is responsible for communicating any modification thereof.
The CONTROLLER states and expressly guarantees users that their personal data will not be transferred in any case to third parties, and that whenever they make any kind of transfer of personal data, the express, informed and unequivocal consent of the Users will be previously requested. All the data requested through the website are mandatory, as they are necessary for the provision of an optimal service to the User. In case all the data are not provided, it is not guaranteed that the information and services provided will be completely adjusted to your needs.
The CONTROLLER guarantees that in accordance with the provisions of current regulations on personal data protection, the CONTROLLER is complying with all the provisions of the GDPR regulations for the process of personal data, and manifestly with the principles described in article 5 of the GDPR, for which they are processed in a lawful, loyal and transparent manner in relation to the interested party and adequate, pertinent and limited to what is necessary in relation to the purposes for which they are processed.
The CONTROLLER warrants that we have implemented appropriate technical and organizational policies to apply the security measures established by the GDPR in order to protect the rights and freedoms of the Users and has communicated Users the appropriate information so that users can exercise them.
iPark Estacionamientos y Servicios de Movilidad SA (hereinafter, "IPARK") has as one of its priorities to guarantee protection of personal data as one of its key priorities.
In this regard, IPARK states that the processing of personal data that may be necessary for the development of its competences through its website will be scrupulously adjusted to the provisions of current legislation, Regulation (EU) 2016/679, Ley Orgánica 3/2018 on the Protection of Personal Data and guarantee of digital rights and related or development regulations that may be applicable now or in the future.
LAW OF THE INFORMATION SOCIETY SERVICES (LSSI)
Any person accessing this website is a user and it is deem to commit to the observance and strict compliance of the provisions set forth herein, as well as any other legal provision that may be applicable.
IPARK reserves the right to modify any kind of information that may appear on the website, without prior notice to this extend. It is sufficient to evidence its observance by posting the updated website.
Domain name: www.atocha70.es
Commercial name: Parking Atocha 70
Company Name: iPark Estacionamientos y Servicios de Movilidad, SA
Tax Number: A01516640
Address: Camino de las Ceudas, 2 Planta 1 Oficina O. 28232 Las Rozas (Madrid)
Telephone: +34 91 0684270
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics, are the property of the CONTROLLER or, if the case, has a license or express authorization by the authors. All the contents of the website are duly protected by the rules of intellectual and industrial property, as well as registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and marketing, requires in all cases prior written authorization by the CONTROLLER. Any use not previously authorized is considered a serious breach of the intellectual or industrial property rights of the author.
The designs, logos, text and / or graphics outside the CONTROLLER and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them. The CONTROLLER expressly authorizes third parties to redirect directly to the specific contents of the website, and in any case redirect to the main website of www.atocha70.es.
The CONTROLLER acknowledges in favor of its owners the corresponding rights of intellectual and industrial property, not implying their mere mention or appearance on the website the existence of rights or any responsibility on them, nor endorsement, sponsorship or recommendation by the same.
To make any kind of observation regarding possible breaches of the rights of intellectual or industrial property, as well as on any of the contents of the website, you may direct an email to firstname.lastname@example.org
The CONTROLLER is exempt from any type of responsibility derived from the information published on its website, provided that this information has been manipulated or introduced by a third party.
This website can use technical cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the site. The cookies used have, in any case, a temporary nature, with the sole purpose of making navigation more efficient, and they disappear when the user's session ends. In any case, these cookies provide personal data by themselves and will not be used to collect them.
This website will not install dispensable cookies without the prior consent of the user. The user has the possibility to configure his browser to be alerted of the reception of cookies and to prevent its installation on his computer. Please, consult the instructions of your browser to expand this information.
From the website, it is possible that you are redirected to content from third-party websites. Since the CONTROLLER cannot always control the contents introduced by third parties in their respective websites, it does not accept any type of liability with respect to said contents. In any case, CONTROLLER ensue to the immediate withdrawal of any content that may contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of redirection to the website, bringing to the attention of the competent authorities the content in question.
The CONTROLLER is not responsible for the information and content stored, by way of example but not limited to forums, chats, blog generators, comments, social networks or any other means that allows third parties to publish content independently on the website of the CONTROLLER. However, and in compliance with the provisions of articles 11 and 16 of the LSSICE, it is made available to all users, authorities and security forces, collaborating actively in the withdrawal or, where appropriate, blocking of all those contents that may affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately.
This website has been reviewed and tested to work properly. In principle, the correct operation can be guaranteed 365 days a year, 24 hours a day. However, the CONTROLLER does not rule out the possibility of certain programming errors, or that causes of force majeure, natural catastrophes, strikes or similar circumstances that make it impossible to access the website.
The website's servers can automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is registered in a server activity file duly registered that allows the subsequent processing of the data in order to obtain only statistical measurements that allow knowing the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, etc.
APPLICABLE LAW AND JURISDICTION
Spanish legislation, to which the parties expressly submit, will be applicable for the resolution of all disputes or issues related to this website or the activities developed therein. The Courts and Tribunals closest to the registered office of the CONTROLLER are competent to resolve all disputes arising or related to their use.