Car park terms & conditions

Parking Łódź-Centrum, ul. Prezydenta Gabriela Narutowicza 26/28, managed by TIS Partners sp. z o.o..

This English text is a translation provided for convenience. The legally binding version is the Polish Regulamin.

§ 1. General provisions

These terms set out the conditions for using the Parking Łódź-Centrum car park, located in Łódź at ul. Prezydenta Gabriela Narutowicza 26/28, managed by TIS Partners sp. z o.o. with its registered office in Łódź, entered in the register of entrepreneurs of the National Court Register under KRS: 0000336300, NIP: 7272750581, REGON: 100743293, hereinafter the Manager.
Definitions used in these terms:
1. Car park - an area intended for the parking of vehicles, managed by TIS Partners sp. z o.o.,
2. User - a natural person, company or organisational unit using the car park,
3. Vehicle - a mechanically powered means of transport admitted to road traffic,
4. Subscription - an agreement to rent a parking space for a fixed period for a fixed fee,
5. Parking ticket - a document entitling the holder to use the car park for a specified time.
User’s declaration:
1. The User declares that they are the owner of the vehicle or a person authorised to use it.
2. The User undertakes to comply with the terms, the full text of which is available on the website and at the office.
The car park is open around the clock, 7 days a week, unless otherwise specified in separate terms of the agreement or the terms.
The car park is a guarded car park.

§ 2. Subject of the agreement

The subject of this agreement is the paid provision of a parking space on the terms set out in the agreement and the car park terms.
This agreement constitutes a paid vehicle storage contract within the meaning of Art. 835 of the Polish Civil Code, under which the Manager undertakes to supervise vehicles through monitoring and security staff.
The car park is available to Users on a single-use, subscription or reservation basis. Detailed conditions of each form of use are described in §4 (fees) and §5 (User’s obligations).
Permitted vehicles:
1. Only passenger cars, motorcycles, bicycles and utility vehicles with a permissible gross weight not exceeding 3.5 tonnes may use the car park.
2. Parking of trucks, buses, trailers, car transporters and vehicles higher than 2.2 m is prohibited (unless agreed otherwise).
3. In special cases, parking of special vehicles (e.g. delivery vehicles) is possible with the Manager’s prior consent.
Use of a parking space: under a subscription the User is entitled to use a space designated by the Manager, who may change the assigned space at any time during the agreement.
Entering the car park and starting to use a parking space constitutes conclusion of this agreement on the terms set out in it.

§ 3. Term of the agreement

The agreement may be concluded:
1. For a fixed term - for a reservation or subscription, valid for the period indicated in the agreement,
2. For an indefinite term - for a renewable subscription, valid until terminated by either party,
3. For a single use - for short-term parking, expiring once the fee is paid and the car park is left.
Commencement of the agreement:
1. For a subscription - from signing the agreement and paying the first subscription period,
2. For short-term parking - upon taking a parking ticket,
3. For a reservation - from the date indicated in the reservation agreement.
Extension: renewable subscriptions extend automatically for the next billing period unless the User terminates the agreement before the end of the current period.
Expiry of the agreement:
1. The rules of expiry are set out in §9.
2. Expiry does not release the User from the obligation to settle fees due for the period of use.
3. If the User leaves the vehicle after the subscription period ends or after the paid parking time expires, the Manager may charge an additional fee according to the single-use tariff or apply the towing procedure under §11.

§ 4. Fees and payment terms

Obligation to pay:
1. Use of the car park is chargeable according to the current tariff, available:
  1. on the website parking.lodz.pl,
  2. at the customer service office in a visible place,
  3. at the car park entrance.
2. Entering the car park or extending a subscription means acceptance of the applicable rates.
Types of fees:
1. Single-use fee - based on the parking time, payable before leaving the car park.
2. Monthly or long-term subscription - a flat fee allowing use of the car park for a specified time.
3. Additional fees - e.g. for a lost parking ticket, issuing a duplicate access card, towing, etc.
Methods of payment:
1. Cash or payment card at the machine and at the customer service office,
2. Bank transfer for subscriptions.
Payment deadline:
1. The single-use fee must be paid before leaving the car park.
2. A monthly or long-term subscription must be paid so that the funds are credited to the Manager’s account by the 10th of each month (unless agreed otherwise).
3. In case of late subscription payment the User may be blocked in the system until the amount due is settled.
Consequences of non-payment:
1. If the parking fee is not paid, the Manager may:
  1. charge an additional fee according to the tariff,
  2. prevent the User from using the car park until the amount due is settled,
  3. pursue payment through debt recovery or court proceedings.
2. If the subscription is unpaid for 14 days, the Manager may terminate the agreement and cancel access to the car park.
Refunds and overpayments:
1. If a subscription is cancelled during the month, the subscription fee is non-refundable unless an individual agreement provides otherwise.
2. In case of overpayment the User may request a refund.
3. A refund is due where the parking system charged incorrectly or the agreement was terminated for reasons attributable to the Manager (§8).
4. Refunds are made by bank transfer to the account indicated by the User or in another form agreed with the Manager.
5. Refund requests should be submitted within 30 days of the event justifying the refund.
VAT invoices:
1. The User may request a VAT invoice for a fee paid, provided the request is made no later than on the payment date.
2. Invoice requests may be submitted at the office or by e-mail to the Manager.
3. At the User’s request, before payment, a receipt with a tax ID (NIP) may be issued at the office or the payment machine.

§ 5. Rights and obligations of the User

Right to use the car park:
1. The User may use the car park in accordance with the agreement and the terms.
2. Entry and exit take place using a ticket, subscription card or another access system specified by the Manager.
Obligations of the User:
1. The User must comply with the terms, road signage and the instructions of car park staff. Breach may result in the sanctions set out in the terms.
2. The User is obliged to:
  1. park the vehicle only in designated spaces,
  2. observe road signage and the speed limit (20 km/h),
  3. lock the vehicle for the duration of the stay and not leave valuables in view; if the vehicle is left open or unsecured, the Manager is not liable for any resulting damage,
  4. switch off the lights during the stay,
  5. follow the instructions of car park staff,
  6. settle the fees due before leaving the car park.
Prohibitions - the User must not:
1. leave the vehicle on access roads, in prohibited places or where it endangers other Users,
2. smoke, drink alcohol or use open flames in the car park,
3. conduct commercial or advertising activity in the car park without the Manager’s consent,
4. store fuels, flammable materials or chemicals in the vehicle,
5. wash, vacuum, repair the vehicle or change operating fluids,
6. leave animals in a locked vehicle unattended.
Procedure in case of a collision or vehicle damage:
1. In the event of a collision or vehicle damage in the car park, the User must immediately inform car park staff and, if necessary, call the Police.
2. If the User does not report the damage before leaving, the Manager is not liable for later claims regarding the damage.
3. The Manager is not liable for damage caused by other Users - in that case the User should pursue claims directly against the perpetrator.
Procedure in case of loss of access:
1. If a parking ticket, subscription card or other access device is lost, the User must report it to car park staff.
2. A fee for issuing a duplicate card or fob is charged according to the current tariff.
3. If the User cannot verify their identity and right to the vehicle, the Manager may refuse to issue a duplicate until appropriate documents are provided.

§ 6. Rights and obligations of the Manager

Right to manage the car park:
1. The Manager is entitled to administer the car park and its infrastructure and to enforce the agreement and the terms.
2. The Manager reserves the right to temporarily close the car park or part of it for maintenance, repairs or upgrades.
3. The Manager may change the organisation of traffic in the car park to improve safety and functionality.
Obligations of the Manager:
1. Ensuring the proper functioning of the parking system, including barriers, access control and automatic machines.
2. Maintaining the car park in proper technical and sanitary condition, including fault removal, snow clearing and upkeep of surface markings.
3. The security staff are obliged to:
  1. patrol the car park,
  2. respond to situations that may pose a threat to vehicles and Users,
  3. notify the relevant services in case of incidents requiring intervention,
  4. provide Users with information on how to use the car park.
4. Ensuring the safety of Users and vehicles within the limits arising from the nature of the car park and the terms.
Right to enforce the terms - the Manager or designated staff may:
1. issue binding instructions on traffic and parking in the car park,
2. impose additional fees for breaching the terms, according to the tariff.
Monitoring: the car park is covered by video monitoring. The detailed rules of its operation and personal data processing are set out in §10.

§ 7. Liability of the parties

Liability of the User:
1. The User bears full liability for any damage caused in the car park by themselves, their companions or their vehicle.
2. The User is obliged to cover repair costs in the event of:
  1. damage to car park infrastructure (e.g. barriers, machines, signage, railings),
  2. damage to other vehicles through their own fault,
  3. contamination of the car park (e.g. leaks of operating fluids).
3. The User undertakes to properly secure the vehicle, in particular by:
  1. closing the doors, windows and boot,
  2. switching off the lights and electrical systems,
  3. not leaving valuables in view inside the vehicle.
Liability of the Manager:
1. The Manager takes measures to ensure the safety of vehicles and Users through round-the-clock supervision and monitoring. Within the limits provided by law, the Manager is liable for damage arising in the car park where it results from the Manager’s negligence, in particular:
  1. failure or malfunction of security systems (e.g. monitoring, barriers),
  2. gross negligence of duties by security staff,
  3. failure to take intervention measures in the event of safety-threatening incidents.
2. The Manager is not liable for damage arising from:
  1. the actions of third parties, including other Users,
  2. the User’s failure to comply with the terms, including leaving the vehicle unsecured (e.g. open doors, keys inside),
  3. theft, damage or loss of additional vehicle equipment that is not a factory element, including mechanical, electronic and visual enhancements.
3. The Manager is not liable for valuables, documents, goods, electronic equipment or other items left in the vehicle, regardless of their value.
Force majeure and its effects:
1. Neither party is liable for non-performance or improper performance of the agreement resulting from force majeure.
2. Force majeure includes in particular: natural disasters, riots, terrorist acts, administrative decisions ordering closure of the car park.
3. If force majeure makes the car park unusable for more than 30 days, the User may terminate the agreement without additional fees.
4. In case of temporary unavailability due to a technical fault, the Manager undertakes to take immediate remedial action.
Handling of damage:
1. In case of damage the User should:
  1. report it to car park staff before leaving,
  2. draw up an incident report together with car park staff,
  3. call the Police if the damage involves theft or a collision with another vehicle.
2. The Manager considers a report within 14 business days of receiving it.
3. All damage claims should be submitted in writing or by e-mail to the Manager’s contact details.
4. If the damage concerns a vehicle parked by another User, the injured party should pursue claims directly against the perpetrator.
Insurance:
1. The User should hold mandatory third-party (OC) vehicle insurance.
2. The Manager does not provide additional insurance for vehicles in the car park.
3. For damage reported to the Manager, claims may be handled by the Manager’s insurer if the damage arose through the Manager’s fault.
Emergency procedures:
1. In case of a parking-system fault (e.g. a barrier that will not open), the User should report the problem to staff before taking action on their own.
2. In the event of fire, fuel leak or other danger, the User must immediately notify car park staff and the relevant services.
3. In the event of a threat to life or health, Users should follow evacuation rules and the instructions of car park personnel.

§ 8. Complaints procedure

Scope of complaints:
1. The User may lodge a complaint in case of:
  1. an incorrectly charged parking fee,
  2. a parking-system fault preventing proper use of the car park,
  3. vehicle damage caused by the Manager,
  4. other irregularities in the car park’s operation affecting the service.
2. Complaints do not apply to situations arising from the User’s fault, e.g. misuse of a ticket, non-payment or breach of the terms.
How to submit a complaint:
1. Complaints may be submitted:
  1. in writing at the customer service office,
  2. electronically to: [email protected],
  3. by post to the Manager’s seat: TIS Partners sp. z o.o., ul. Prezydenta Gabriela Narutowicza 26/28, 90-135 Łódź.
2. A complaint should include:
  1. the User’s name or company name,
  2. the vehicle registration number,
  3. the date and time of the event,
  4. a description of the problem and grounds for the complaint,
  5. a copy of the ticket, payment confirmation or other supporting documents.
Time for handling:
1. The Manager undertakes to handle a complaint within 14 business days of receipt.
2. If the complaint requires further clarification or consultation with an insurer, the time may be extended to 30 business days, of which the User will be informed.
3. The response will be given in writing or electronically.
Decision on the complaint:
1. If the complaint is upheld, the Manager may:
  1. correct the parking fee and refund any overpayment,
  2. cancel or reduce an additional fee if wrongly charged,
  3. pay compensation for damage caused by the Manager,
  4. take other remedial action according to the nature of the problem.
2. If the complaint is rejected, the User will receive the reasons for the decision.
Appeal:
1. If the User disagrees with the Manager’s decision, they may appeal within 14 days of receiving the response.
2. The appeal should include additional arguments or evidence justifying re-examination.
3. The Manager’s final decision will be provided within 14 business days of receiving the appeal.
Out-of-court dispute resolution:
1. If a complaint is not resolved, the User may use out-of-court methods, e.g.:
  1. mediation by the Provincial Trade Inspection Inspector,
  2. proceedings before the Permanent Consumer Arbitration Court,
  3. referral to the Consumer Rights Ombudsman.
2. Any disputes that cannot be resolved by negotiation will be settled by the court competent for the Manager’s seat.

§ 9. Withdrawal and termination

Withdrawal by the User:
1. The User may withdraw without giving a reason within 14 days of concluding the agreement, if it was concluded at a distance or off-premises.
2. To withdraw, the User should submit a statement in writing or by e-mail to [email protected].
3. On withdrawal, the Manager undertakes to refund subscription fees paid within 14 days of receiving the statement, less the value of services already provided up to the withdrawal date.
Termination by the User:
1. The User may terminate a subscription with one month’s notice, effective at the end of the calendar month.
2. Notice should be given in writing or electronically.
3. The subscription fee for the current period is non-refundable.
Termination by the Manager:
1. The Manager may terminate the agreement with immediate effect where the User:
  1. is in arrears with subscription fees under §4(5)(b),
  2. breaches the car park terms,
  3. deliberately damages infrastructure or endangers other Users,
  4. parks in a prohibited place or obstructs traffic,
  5. parks a vehicle that endangers safety (e.g. fluid leaks, mechanical damage),
  6. does not collect the vehicle after the agreed term.
2. If the Manager terminates through the User’s fault, the subscription fee for the current period is non-refundable.
3. Notice of termination will be provided in writing or electronically.
Expiry:
1. The agreement expires automatically upon:
  1. the end of the agreed term,
  2. the User leaving the car park in the case of a single-use stay,
  3. towing of the vehicle at the User’s cost under the terms.
2. On expiry the User must return the subscription card, fob or other access device, if issued.
Refunds on termination:
1. A refund for an unused subscription period is possible only where the agreement is terminated for reasons attributable to the Manager (e.g. closure of the car park).
2. Refunds are made within 14 days of termination to the bank account indicated by the User.
Leaving the vehicle after termination:
1. On termination the User must remove the vehicle within 24 hours.
2. If the vehicle remains after that time, the Manager may:
  1. charge fees according to the single-use tariff,
  2. tow the vehicle at the User’s cost and risk under §11.
Withdrawal in case of force majeure:
1. In the event of force majeure (e.g. a natural disaster, administrative decisions ordering closure), both the User and the Manager may terminate the agreement without notice.
2. In such a case the subscription fee for the unused period may be refunded proportionally, provided the User requests it within 30 days of termination.

§ 10. Personal data processing (GDPR)

Data controller: the controller of Users’ personal data is TIS Partners sp. z o.o., with its registered office in Łódź, ul. Prezydenta Gabriela Narutowicza 26/28, 90-135 Łódź, KRS: 0000336300, NIP: 7272750581, REGON: 100743293.
Scope of data processed - in connection with using the car park the following may be processed:
1. Data of individual and business users:
  1. name or company name,
  2. address of residence or registered office,
  3. NIP (for businesses),
  4. vehicle registration number,
  5. contact details (e-mail, phone, correspondence address),
  6. details of contact persons indicated by a company (if applicable),
  7. payment and invoicing information (e.g. bank account number for refunds, invoice number).
2. Data from video monitoring:
  1. camera recordings covering the car park,
  2. vehicle registration numbers,
  3. images of persons present in the car park.
Purposes of processing:
1. performance of the car park agreement (Art. 6(1)(b) GDPR),
2. issuing invoices and settling payments (Art. 6(1)(c) GDPR),
3. ensuring the safety of persons and property through monitoring (Art. 6(1)(f) GDPR - legitimate interest),
4. handling complaints and pursuing claims (Art. 6(1)(f) GDPR),
5. contact with Users on matters related to the car park.
Retention period:
1. video monitoring recordings - 14 days, unless required in explanatory proceedings,
2. subscription data - up to 6 years from the end of the agreement, under accounting law,
3. Users’ contact details - up to 12 months from the end of cooperation,
4. complaint data - up to 2 years from the end of the complaint process.
User’s data rights - the User has the right to:
1. access their data and obtain a copy,
2. rectify data that are incorrect or outdated,
3. request erasure ("the right to be forgotten") where processing is no longer necessary,
4. restrict processing in specified cases,
5. data portability where processing is based on consent or a contract,
6. object to processing in justified cases,
7. lodge a complaint with the President of the Personal Data Protection Office (PUODO).
Sharing of data:
1. Data may be shared with entities cooperating with the Manager in operating the car park, including:
  1. payment-system providers,
  2. debt-recovery firms in case of unpaid amounts,
  3. law-enforcement authorities and courts under the law.
2. The Manager does not transfer personal data related to the car park outside the European Economic Area (EEA). Data processing in connection with using the website is set out in the privacy policy.
Video monitoring:
1. The car park is covered by video monitoring to ensure safety and enforce the terms.
2. Cameras are placed to record entry, exit and common areas.
3. Monitoring does not cover vehicle interiors or sanitary rooms.
Contact on data matters:
1. Requests regarding personal data may be submitted:
  1. electronically to: [email protected],
  2. by post to: TIS Partners sp. z o.o., ul. Prezydenta Gabriela Narutowicza 26/28, 90-135 Łódź,
  3. in person at the customer service office.
2. The Manager will respond within 30 days of receiving the request.

§ 11. Vehicle towing rules

Cases of towing - the Manager may have a vehicle towed at the User’s cost where:
1. the vehicle is parked in a prohibited place (e.g. on an access road, in a disabled space without authorisation),
2. the vehicle blocks other vehicles or access to infrastructure,
3. the vehicle remains for more than 3 days without payment,
4. the vehicle poses a safety hazard (e.g. fuel leaks, mechanical damage, dangerous materials left behind),
5. the vehicle has been abandoned and the Manager cannot contact the owner.
Towing procedure:
1. Before deciding to tow, the Manager will attempt to contact the User using available data (e.g. registration number, subscription data).
2. If contact is impossible, the Manager will draw up a written report containing:
  1. the date and time the breach was found,
  2. a description of the situation (place and reason for towing),
  3. photographic documentation of the vehicle.
3. Towing is carried out by a designated company, which will transport the vehicle to an impound car park.
Costs of towing and storage:
1. All costs of towing and storage at the impound car park are borne by the User, including:
  1. the cost of towing according to the designated company’s tariff,
  2. fees for storing the vehicle at the impound car park.
2. The Manager will inform the User of the vehicle’s storage location and of the need to settle amounts due to collect it.
Collecting the vehicle from the impound car park:
1. To collect the vehicle the User must:
  1. settle all amounts due for towing and storage,
  2. present documents confirming the right to collect the vehicle (e.g. registration certificate, ID).
2. The vehicle will be released only to an authorised person after verifying the documents.
Reporting a vehicle as abandoned:
1. If the vehicle remains uncollected from the impound car park for more than 90 days, the Manager may report it as abandoned to the relevant authorities (e.g. the Police or municipal guard).
2. After the period indicated by the authorities, the vehicle may be scrapped or sold in accordance with applicable law.
Complaints about towing:
1. The User may complain about the towing of the vehicle if they consider the Manager’s action unjustified.
2. Complaints should be reported within 7 days of towing, under the complaints procedure set out in these terms.

§ 12. Final provisions

Validity and changes:
1. This agreement is valid from its conclusion until terminated, expired or given notice under its provisions.
2. The Manager reserves the right to change the agreement and the car park terms.
3. Users will be informed of any changes at least 14 days in advance, by:
  1. a notice on the website parking.lodz.pl,
  2. a notice at the customer service office,
  3. an e-mail (for subscription Users).
4. If the User does not accept the changes, they may terminate the agreement without notice; however, the subscription fee for the current period is non-refundable.
Governing law and jurisdiction:
1. In matters not regulated here, the Civil Code and the Road Traffic Act apply.
2. Any disputes will be settled by the court competent for the Manager’s seat, unless the law provides otherwise.
Severability:
1. If any provision is found invalid or ineffective, the remaining provisions remain in force.
2. The parties undertake to replace an invalid provision with a new one consistent with the law and the parties’ intention.
Contact with the Manager - matters regarding the agreement, complaints and questions may be directed:
1. by phone: +48 502 231 093,
2. by e-mail: [email protected],
3. by post: TIS Partners sp. z o.o., ul. Prezydenta Gabriela Narutowicza 26/28, 90-135 Łódź.
Attachments - the following are an integral part of this agreement:
1. the car park terms,
2. the schedule of parking fees,
3. any additional arrangements set out in an individual subscription agreement (if applicable).
Final acceptance:
1. This agreement is concluded upon:
  1. acceptance or signing by both parties (for a reservation or subscription),
  2. taking a parking ticket and entering the car park (for single-use stays).
2. The User declares that they have read the agreement and the car park terms and accept their provisions.