NON-GUARDED CAR PARK
1. PARKING TERMS AND CONDITIONS
a) Interparking Italia S.r.l. (the “Management Company”) offers to Car Park users (hereinafter ”User(s)”) an area within the Car Park solely for the purpose of parking a vehicle, with no other obligations arising for the Management Company. No security services or monitoring activities are offered by the Management Company. The Management Company is responsible solely for the lighting in the parking areas, the maintenance of the floor, the organization of accesses, and any other items strictly necessary for the use of the areas by Users.
b) To occupy a parking space inside the Car Park, Users may pay per fraction of a day or for several days (hereinafter "Short-term Users"), or per year (hereinafter "Yearly Users").
c) Short-term Users and Yearly Users who are not owners of a reserved space Subscription have the right to occupy any of the spaces that are free; the Users shall perform the parking manoeuvers themselves; Users who are not owners of a reserved space Subscription shall not have the right to park in a predetermined space.
d) By entering the Car Park with a vehicle through the access gate, the User agrees and accepts to be subject to the regulations contained herein; any other different and/or addtional provisions shall not be effective unless stated in writing and signed by the Management Company.
2. USE OF THE CAR PARK
a) Access to the parking spaces, the ways in, and the accessory areas is reserved to Users; no one else is authorized to access, stay, or carry out activities of any nature whatsoever in such areas. It is the Users’ responsibility to lock their vehicles and to keep the keys. The Car Park opening hours are indicated in a sign posted at the entrance.
b) Inside the Car Park, Users must drive no faster than walking pace, and in any case no faster than the indicated limits; as a general rule, they must comply with the Rules of the Road, follow the indicated traffic direction, and observe the horizontal and vertical traffic signs, as well as park their vehicle diligently within one of the marked spaces so as to avoid creating hindrance or difficulties to other Users.
c) In any case, the User authorizes the Management Company to have the parked vehicle towed away for reasons of safety or efficient vehicle circulation. If the towing is made necessary by the User’s failure to comply with the rules set forth herein, all the related costs shall be at the User’s expense.
d) Users are not allowed to: (i) linger inside the Car Park with the engine running; (ii) park the vehicle in the lanes between parking spaces, in the ramps, landings, or anywhere outside the marked parking spaces; (iii) hinder movement inside the Car Park and the general operation of same in whatever manner; (iv) use the headlights at full beam inside the Car Park, Users must keep their headlights on with dipped beam at all times; (v) smoke inside the Car Park; (vi) perform any type of vehicle repair work inside the Car Park; (vii) clean the vehicle inside the Car Park; (viii) release water, oil or any other substance inside the Car Park; (ix) keep flammable, explosive or otherwise hazardous materials inside the vehicle, other than the normal fuel contained in the vehicle’s fixed tank; (x) transfer fuel from or to the vehicle inside the Car Park; (xi) access the Car Park with vehicles that run on pressurized fuel.
3. SHORT-TERM USERS
a) Short-term Users tacitly accept the parking rates stated in the signs posted in the Car Park.
b) Payment of the amount due for occupying a parking space as a Short-term User shall be made at the Management Company’s cashier booths before removing the vehicle from the occupied space; once the User has paid the amount due, the Management Company’s employee shall provide him/her with the receipt required to leave the Car Park.
c) Users who enter the Car Park, read the regulations, and decide not to accept them may leave free of charge within 15 minutes after entering.
d) Users who occupy a parking space as Short-term Users for several days may not request the application of other rates than those applicable to Short-term Users.
4. YEARLY USERS
a) Yearly Users shall be issued a special card, which they must use in order to park in the parking areas. Each User is exclusively liable for any damage deriving from the loss, theft, or illegal use of the card. In case of loss or theft of the card, the User shall immediately notify the Management Company in writing; the latter shall deactivate the card and replace it with a new one at the User's expense.
b) Each Yearly User's Subscription is valid solely for the person and the vehicle identified in the Subscription Contract; the Company reserves the right to terminate the contract if the card is used by different persons or vehicles not expressly approved in writing by the Management Company.
c) Tacit renewal. The Yearly User’s Subscription is tacitly renewed for another 1-year subscription period if neither party notifies its intention to terminate the contract, by registered mail to be received at least 30 (thirty) days before expiry; after this deadline, the Yearly User’s Subscription shall be deemed renewed for another year, subject to the obligation to pay the yearly fees for the subsequent period. Compliance with the term indicated above shall be documented by the date of receipt of the registered letter, as shown in the Post Office stamp.
d) No suspension of the contract or reduction of the fees shall be granted if the parking space is not used during holiday periods, travel or any other reason. Yearly Users shall not have the right to complain for the temporary unavailability of Car Park areas or storeys, decided by the Management Company, subject however to the latter’s obligation to provide the User with a space to park his/her vehicle.
e) The annual fees shall be paid in advance on a bimonthly basis by the 25th day of February, April, June, August, October and December, either by permanent instructions to the bank to debit the User’s current account (RID), or bank wire transfer, or through the Management Company’s office, in any case specifying the User ID number.
f) Express Termination Provision. The payment term is considered an essential condition; if payment is not received by such term, the contract shall be automatically terminated, subject to the Management Company’s rights and remedies. In case of failure by the Yearly User to pay the fees within the essential term as indicated above, the Management Company shall have the right to consider the occupation of the parking space as Short-term Use and to apply the relevant rate.
g) The Management Company reserves the right to change the payment methods. The fees shall be updated from year to year by a percentage no lower than the Consumer Price Increase index year-over-year percent change as measured by ISTAT.
a) Payments, entrances, exits, and the respective validations and accounting are tracked automatically by computerized electronic equipment. If the User is unable to show a receipt or subscription card at the exit, the amount charged shall be equal to the Short-term Use rate for 24 hours, plus administrative expenses, multiplied by the number of days the vehicle has remained in the Car Park.
b) Lien. The Uses recognizes the Management Company’s right of lien on the parked vehicle as guarantee of payment of the sums owed for the use of the Cark Park.
c) Removal. The User also recognizes that, if no payment is received within 60 (sixty) days after the date of expiry of the payment terms under Article 4 letter e) above, in the case of Yearly Users, or after the date of entry into the Car Park, in the case of Short-term Users, the Management Company reserves the right to remove the vehicle and to notify the User of the location to which it has been moved, rejecting all liability for the removal except for cases of wilful misconduct or gross negligence, without prejudice to the User’s obligation to pay the sums due until the actual removal.
a) The User acknowledges that, in view of the nature of the parking terms and conditions as described in Article 1 above, the Management Company shall not be liable in case of theft, attempted theft or damage of the vehicle (including fittings and accessories), and shall not be held responsible in case of theft or attempted theft of items left inside the vehicle. The Management Company refuses all liability for any financial damages incurred by the User in using the Car Park. In any case, the Management Company shall not be liable for damage not reported to it before the vehicle leaves the Car Park..
b) IN case of loss events occurred inside the Car Park, users who have their own insurance against theft and/or fire and/or damage of the vehicle agree, pursuant among others to Section 1381 of the Italian Civil Code, to prevent the insurance company from claiming for subrogation against the Management Company, and Users agree to indemnify and hold harmless the Management Company against any claims brought by themselves, their insurance company, and/or third parties.
c) The User warrants that the vehicle introduced inside the Car Park is safe, and is liable for any damage caused by said vehicle. A User who causes damage to the Car Park facility or equipment is required to report the event to the Management in order to assess the damage. The Management Company shall not be liable for any damage caused to the vehicle by other vehicles inside the Car Park, if the author of the damage cannot be identified.
d) No refund shall be due to the User in case of unavailability of the Car Park due to extraordinary events beyond the Management Company’s control.
7. VIDEO RECORDING SYSTEM
A video recording system is installed at the Car Park for the sole purpose of punishing any unlawful acts against the company’s assets or against people. The images are not viewed in real time, but are recorded solely for the purposes described above and maintained by the Management Company or entities designated by the latter, in compliance with Legislative Decree no. 196/2003 and of the Regulations issued by the Personal Data Protection Authority on 29 April 2004; the images are automatically erased no later than 24 hours after recording; the images can only be viewed and examined by Car Park personnel designated by the Management Company, by Security personnel in order to carry out their assigned activities, and by Law Enforcement and Judicial Authority personnel if appropriate.
All notices to the Management Company must be transmitted in writing to the address indicated below. The Management Company shall not reply to communications in whatever form addressed to employees, and the latter are not authorized to make any changes or additions to the Subscription Contract or to grant derogations from the application of these Regulations. All notices to Yearly Users shall be sent to the address indicated in the contract.
Any dispute arising from the interpretation or performance of the contract, or otherwise connected with the use of the Car Park shall be subject to t