Terms And Conditions

Below you will find:

 

- TERMS AND CONDITIONS OF ONLINE SALE.

- REGULATIONS OF THE CAR PARK AT BARI AIRPORT.

 

Terms and Conditions of online sale

 

1.) Subject

These general conditions of online sale (hereinafter “General Conditions”) govern the sales of services, as defined below, offered by the APCOA Parking Italia S.p.A. company, with corporate offices in Via Renzo Zanellini 15, Mantua, Postcode 46100, VAT No. 01578450205, Economic and Administrative Index No.167044, Mantua Chamber of Commerce No. 0117650217, Tel. +39 0376 345000 – Fax. +39 0376 345001  (hereinafter “APCOA”), carried out remotely via the following website: https://www.booking-apcoa.it (hereinafter the "Website").

The client (hereinafter the “Client”) is obliged, before sending the purchase order (hereinafter the “Order”), to carefully read these general conditions, given that sending the order implies awareness and acceptance of them.

The client, by accepting these general conditions, also accepts the parking regulations, available on the website and at the entrance to the parking area.

The way to access to a copy of the general conditions will, in any event, be sent by Apcoa to the client by email (hereinafter “Email of Acceptance”), in compliance with what is indicated in the subsequent article 3 of the general conditions.

These general conditions are regulated by the provisions on remote sales contained in Chapter I of section III of part III of the Consumer Code (Legislative Decree no. 206/2005) and the regulations on the matter of electronic commerce laid down by Legislative Decree No. 70/2003.

The general conditions may undergo amendments, which can always be found on the website in the section “Terms and conditions”, without prejudice to the fact that the acquisition by the client, once validated by Apcoa in compliance with the measures defined in these general conditions, will be governed by the general conditions that are in force at the time the contract is concluded.

 

2.) Service

2.1. The service consists in making available the parking areas (hereinafter “Parking Areas”) in the carparks run by Apcoa available on the Website.

2.2. The client acknowledges and accepts that the service will be offered without any protection or surveillance of the parked vehicle and that Apcoa therefore accepts no liability for cases of theft or damage.

2.3. Apcoa will notify the client in the acceptance email of the Q-R code/pin code that will be affixed/put into the appropriate post located at the entrance to the chosen carpark, which will issue the ticket without the need to press the “send" button. In this way, the entrance post will automatically issue a personalised ticket that will indicate the data regarding the acquired service. This ticket must be carefully kept by client for the purpose of being able to leave the carpark by means of inserting the ticket in the appropriate post at the exit.. Should the booking not be recognised, the fault must be notified to the manned cash desk or by means of the appropriate intercom at the entrance/exit post of the carpark. The booking allows access to the carpark even when the "carpark full" sign is displayed.

2.4. The service acquired by the client is not transferable and is only valid for the date, time, price and parking area acquired. The client acknowledges that, should the parking area not be available on the days indicated by the client at the time of acquisition, the carpark provider will have the right to redirect the client to a nearby carpark, with equal or superior features.

2.5. The “web” fees for the parking areas are available on the Website. . The fees are subject to variations. If the times of exit differ from the order times and the actual time of parking in the parking area is longer than the time booked, the client will pay the "standard" charges of parking (and not the "web" charges) for the duration of the parking in excess of that time. This amount must be paid by the client at the appropriate cash desk before leaving the carpark.

2.6. It is important that the client takes into consideration the time necessary to find the parking area inside the carpark, lock the car, reach the pedestrian exits and carry out any other operations that may be necessary.

2.7. Apcoa cannot be held responsible if the client, for reasons not attributable to it, cannot access the carpark.

2.8. Clients furnished with telepass equipment, in order to avoid an additional charge being imposed by the carpark through this payment system, must be careful to conceal the respective equipment  - using the appropriate telepass mask - before approaching the lanes that use the aforementioned payment system. Apcoa will not be responsible for any extra charges made by telepass.

 

3. Conclusion of the Contract

3.1. For the purpose of sending the order, the client must (1) select the dates that are available; (ii) enter any data required for invoicing, if requested (iii) if a consumer client, in accordance with article 5.1, the client must declare that the information under article 49 of Legislative Decree no. 206/2005 (hereinafter the “Consumer Code”) has been received, including that regarding the exercise of the right of withdrawal; (iv) accept these general conditions; (v) confirm that the information briefing has been seen regarding the treatment of personal data (Decree Law 196/03); (vi) accept the carpark regulations. In compliance with the provisions of article 51, paragraph 2, of the Consumer Code, Apcoa guarantees that, at the time the order is sent, the client expressly acknowledges that the order implies the obligation to pay.

3.2. The sending of the Order by the Client constitutes a contractual offer of Service acquisition (without prejudice to the fact that the consumer Client, as indicated in subsequent article 5.1, is able to exercise the right of withdrawal, in accordance with article 52 of the Consumer Code).

3.3. The contract between the client and Apcoa is concluded with the receipt, on the part of the client, of the acceptance email from APCOA of the Client’s Order. APCOA cannot accept the order of the client in the following cases:

- lack of availability of the parking areas selected by the client;

- failed payment (for example, following the charging of the fees on the client’s credit card);

- the client has previously been in default with regard to Apcoa.

Apcoa will send a notification to the client of any failure to accept the order to the email address supplied by the latter during the registration phase.

3.4. With the email accepting the order, Apcoa, in confirming the conclusion of the contract to the client, in addition to providing these General Conditions, will indicate the following information:

- a summary of the main features of the Service acquired;
- the total price of the Service including taxes and duties;
- one or more Q-R/PIN codes depending on the number of tickets acquired.

4. Fees

4.1. The fees due for each service acquired will be specifically indicated in the summary screen in euros, inclusive of all the applicable duties and taxes.

4.2. The client who chooses to acquire the service on the website may have one or more rates available at the time the order is sent. The selection of the fee and the service chosen by the client will involve the acceptance by the latter of the rules of the tariff applied.

4.3. Without prejudice to the provisions of subsequent article 5 on the basis of article 52 of the Consumer Code, the client accepts that the fees cannot be reimbursed. Only with regard to certain categories of fees/services for which reimbursement may be indicated on the website and/or the respective conditions of use of the service will it be possible to obtain reimbursement of the amounts paid, in accordance with the conditions and methods laid down on the website and according to the instructions described in the specific conditions of use of the respective service.

 

5. Right of withdrawal in accordance with article 52 of the Consumer Code

5.1. If the client is a consumer, as defined by article 3 of the Consumer Code, they have the rights under article 52 and subsequent of the Consumer Code, as amended by the Legislative Decree of 21/02/2014 No. 21, and may withdraw, without giving reasons and without liability for any charge, within 14 (fourteen) days from the day of receipt of the acceptance email (hereinafter the “Withdrawal Period”).

The right of withdrawal is exercised by sending, before the expiry of the period indicated above, of notification of withdrawal by means of a letter sent to APCOA Parking Italia S.p.A., Via Renzo Zanellini 15, 46100 Mantua.

Alternatively, the notification may be sent - within the same period - by compiling and sending to booking@apcoa.it the withdrawal form available on the website http://www.apcoa.it/fileadmin/apcoa_it/pdf/Richiesta_Rimborso.pdf Apcoa will send without delay a confirmation of receipt of the withdrawal.

5.2. It remains understood that the right of withdrawal under the preceding article  5.1, will not apply:

- in the event the service has been fully delivered before the expiry of the withdrawal period, it remaining understood that the execution was initiated with the agreement of the client.

- in the event the withdrawal notification, even though sent within the withdrawal period, was sent on a date and time subsequent to the date and time laid down for the start of the supply of the service (for example, the date and time of entry into the carpark).

5.3. Following the proper exercise of the right of withdrawal, as outlined in article 52 and subsequent of the Consumer Code, the client will be reimbursed for the sums paid in favour of Apcoa, without undue delay and, in any case, no later than 14 (fourteen) days from the day on which Apcoa is informed of the decision of the client to withdraw. This reimbursement will be made using the same means of payment that was used by the client for the initial transaction, unless the client has expressly agreed otherwise with Apcoa. In any case, the client will not have to sustain any costs as a result of the reimbursement.

5.4. In the event the client should acquire several services, the withdrawal will become effective with regard to the services that the client specifically indicates in the withdrawal notification. It remains understood that the client who acquires a services package can exercise their right to withdrawal only with reference to the services package and not regarding the individual services that make up the package.

 

6. Notifications and complaints

6.1. For any requirement or complaint concerning the acquisition of the service on the website, the client can contact Apcoa at the following email address: booking@apcoa.it

 

7. Applicable law and Competent Court

7.1. If the client is a consumer, as defined by article 3 of the Consumer Code, the territorial jurisdiction for any disputes that may arise with regard to the interpretation of these general conditions will lie with the court in the place in which the consumer resides or has elective domicile, if located within the Italian state. In all other cases, the Court of Mantua will have exclusive jurisdiction.

7.2. These General Conditions of Sale are governed by Italian law.

7.3. For anything not expressly laid down in this contract, reference will be made to the regulations laid down by the Civil Code book IV, chapter II.

 

 

Regualtions of the car park at Bari Airport

 

CAR PARK REGULATIONS GENERAL CONTRACT CONDITIONS UNDER ARTICLE 1341 OF THE CIVIL CODE FOR THE PUBLIC OFFER UNDER ARTICLE 1336 OF THE CIVIL CODE OF THE CAR PARK SERVICE

 

Article 1

By taking a time-based ticket for the car park, a contract is concluded for the parking service inside the APCOA facility concerning the rental of an unsupervised parking space.

Storage and protection of the vehicle and the items inside are NOT covered by this contract. 

 

Article 2

The customer must park his/her vehicle in the appropriate parking bays in compliance with the horizontal and vertical parking signs and, in any event, in accordance with the instructions of the car park operator’s personnel. The vehicles of customers who have parked improperly, in a position that blocks the flow of traffic in the car park, or simply outside the appropriate parking bays, may be removed by tow truck, for which they will be charged.

 

Article 3

Use of reserved lanes by unauthorised vehicles is prohibited. In the event of unauthorised use, a penalty will be applied equal to double the parking charge due, with a minimum charge of €50.

Should a customer in possession of a properly paid ticket unwittingly cross one of these lanes, the penalty will be reduced to 5 euros if paid at the manual till within 60 minutes, otherwise 15 euros.

 

Article 4

Every parking space must only be used for parking a single motor vehicle.  If a car straddles two parking spaces, the customer will be obliged to pay double the charge.

 

Article 5

Users entitled to assisted parking under article 11 of the Presidential Decree 24.07.1996 No. 503 (parking reserved for the disabled) must register at the entrance before parking the vehicle, first contacting the operator in order to check the availability of reserved parking spaces. In the event the reserved parking spaces under article 11 of the Presidential Decree 24.07.1995 No. 503, are already occupied, parking will be on the basis of the ordinary car park service, including the hourly charges; otherwise, once the operator has been contacted, the ticket bearing the start time of parking must be retained and presented to the manned cash point at time of leaving, together with the documents proving the condition of disability (pass issued by the Municipality of residence and the identity document of the entitled person). Occupation of parking bays reserved for the disabled without displaying the aforementioned pass, or the use of the pass by persons not entitled to do so, may lead to penalties being imposed by the designated authorities.

 

Article 6

In the event of failure to accept the conditions described in these “Regulations”, the vehicle will be allowed to leave the car park without payment of the fee as long as this is done without delay and, in any case, within 15 minutes. In the event of multiple entries on the same day, it is made clear that the 15 minutes excess free of charge referred to in this article will not be applied from the third entry onwards. At the third entry onwards, a supplementary charge will be applied over and above the parking time used, as specifically indicated in the list of charges displayed at the entrance and the cash desk.

 

Article 7

In the event the ticket is lost, the amount of €180 will be due, without prejudice to the option, for both parties, of proving that a greater or lesser amount is due for the actual period of parking.  The outcome of this assessment may therefore be an increase or reduction of the amount owed.

It remains understood the amount due in the event of the loss of a ticket may not, in any event, be less than €15.

 

Article 8

The rules regulating the circulation of vehicles must be observed in the car park. The customer is obliged to scrupulously observe the signage and all the legal measures and the ENAC regulations. Inside the car park, it is mandatory for circulation to be conducted at a “walking pace”. 

Specifically, it is absolutely forbidden to:

1) smoke or use fire or naked flames;

2) unload and store objects of any kind, especially if flammable;

3) refuel, repair, carry out an oil change, wash vehicles, recharge batteries, accumulators etc. and generally carry out any maintenance operation on the vehicle;

4) leave the motor running and honk the horn;

5) park vehicles with leaks or other defects that could cause damage to the car park;

6) park vehicles without proper licence plates or authorised replacement plates;

7) access and park vehicles fuelled by gas propulsion (L.P.G.);

8) park a vehicle in transit areas or in front of safety exits;

9) enter/leave the car park with vehicles that exceed the maximum height shown at the access points.

 

 

Article 9

The charges are publicly displayed at the entrances and the Kiosk / Cash desk.

 

Article 10

Payment of the charge is carried out at the manned or automatic till before picking up the vehicle; the time available between payment of the fee and leaving the car park in the vehicle is 15 minutes.

The penalties laid down by articles 3 and 4 may be paid to post office current account no. 28901254 or to the current bank account IBAN IT43 H076 0111 5000 0002 8901 254  in the name of APCOA Parking Italia spa, indicating the penalty number and the car’s licence number.

Payment of penalties after 15 days will lead to a further charge of €15 for costs associated with the administration of this additional delay.

 

Article 11

In the event of the application of a contractual penalty, APCOA undertakes to send an initial notification letter within and no later than 90 days from the violation.  In the event of non-payment, APCOA reserves the right to appoint a lawyer who will send, within and no later than 75 days from the aforementioned period, a letter of warning of default with an additional charge of 50 euros as a contribution to legal costs.  Failure to observe the aforementioned periods will lead to the forfeiture of APCOA’s right to collect the contractual penalty and the additional amounts requested.

 

Article 12

The user who enters the parking area by means of the automatic parking payment system with Telepass, must carefully read the rules and regulations for the use of Telepass to pay for parking, available on the Telepass website. In regard thereto, the user will acknowledge that APCOA will not be a party to the contractual relationship between the user, holder of the Telepass subscription, and Telepass S.p.a. for the payment of services offered to the same user.

 

Article 13

The car park area and the associated equipment must be used with care; the customer will be charged for any damage caused due to improper use.  

 

Article 14

The customer must abide by the instructions and requests of APCOA personnel or those appointed by the company in order to allow parking operations to be carried out promptly.

 

Article 15

Any claims for damage must be proven and, if possible, displayed to APCOA personnel before leaving the car park with the vehicle.

 

Article 16

The purpose of this contract solely concerns the service of parking through the rental of the space and not the storage and safeguarding of the vehicle; therefore, APCOA does not carry out any surveillance or guarding of the vehicle. Anyone intending to place their car under secure storage is obliged to give direct notice of this to APCOA personnel, and to provide the personal data of the person who will pick up the vehicle, in addition to the information about the car (model, colour, licence plate, name of owner): in this case, an additional charge will be made of €20 a day.

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