Terms & Conditions

GENERAL TERMS AND CONDITIONS OF MEMBERSHIP IN THE PLACEGAR GROUP'S FACE-TO-FACE OR WEB-BASED CONTRACTING AGREEMENTS

General terms and conditions of membership of the Placegar Group (the "GPlacegar" or "PLACEGAR"), the operational holding company of which is Placegar - Gestão de Estacionamento, S.A., with share capital of €739,900, registered with the Commercial Registry under the single registration and legal person number 506696642 and with its registered office at Avenida Marginal, 8648B, 2750-427 Cascais.

The direct application of these Terms and Conditions does not preclude or limit the application of the rules and obligations specifically applicable according to the car park for which the contract is signed and the corresponding owner/operator.

 

  1. These Terms and Conditions regulate, in addition to the specific provisions applicable to the car park and are available for consultation in the car park, at the registered office and on the website www.placegar.com the contracting of contracts for parking in car parks owned or operated/managed by PLACEGAR .
  2. The purchase of the licence implies acceptance of these Terms and Conditions, as well as the other conditions applicable to the User and, in particular, the Privacy Policy of PLACEGAR.
  3. The User is personally responsible for the veracity, accuracy and authenticity of the personal data provided for contracting the service, as well as for the consequences of omitting or failing to update it.
  4. If the User detects any omission or error in the data provided, and whenever it changes, they should correct it by accessing the customer area of the PLACEGAR website at www.placegar.com.
  5. The contracting of the service and its management implies the provision and processing of the User's personal data, such as their name and surname/surname, address, tax identification number (NIF/NIPC), mobile phone number, email address, etc.
  6. If the car park for which the contract has been signed has exclusive access via the electronic number plate reading system, the User can access it directly, without the need to have an access card (contract card) in their possession, using the number plate reading system. In cases where the selected car park does not have this electronic number plate reading system installed, the User must access the car park using an access card (rental card). However, PLACEGAR may, freely and at any time, implement the electronic number plate reading system in the car park, with the consequent automatic cancellation of the access card.
  7. In car parks without an electronic number plate reader, the User will have a personal, non-transferable access card. If the User wishes to change the vehicle associated with the contract, they must contact the car park and change the number plate in the customer area at least 24h in advance.
  8. The type of contract is the one specified on the User's form and is valid for the period mentioned on the invoice-receipt that is handed over when the contract or revalidation is paid, which precedes the start of the contract's validity.
  9. The season ticket fee must be paid by last working day of the month preceding the month to which it relates.
  10. Changes to User Data must be communicated to PLACEGAR as soon as possible, by any of the means provided for in point 4.
  11. In the event of the termination of the contract, namely due to its non-renewal, PLACEGAR will not guarantee its revalidation to the User.
  12. Unless expressly stated otherwise in writing, ownership of a licence does not entitle the User to a reserved place in the car park or preferential entry to it.
  13. If the User accesses the car park by an alternative means to the one in force in the car park for access by paying Users, namely by using Via Verde, they are automatically obliged to pay the normal rate for using the car park, in accordance with the tariff in force for the rotation and without the right to any refund or discount.
  14. Any agreement not paid for within the specified period will be automatically cancelled. The revalidation of the agreement always depends on the express authorisation of PLACEGAR.
  15. The vehicle may only leave the car park once the parking fee due has been paid, without prejudice to PLACEGAR being able, after a period equal to or greater than 7 days, to freely remove it from the car park and, in particular, from the public highway, at the User's own risk.
  16. The instalments and corresponding invoices, not paid in full and on time, for reasons not attributable to PLACEGAR will be treated as overdue debts and, as such, may be claimed in court, with the amount owed being increased by the interest on arrears legally established in Article 102 of the Commercial Code and in Decree-Law 62/2013, of 10 May, and any other applicable legal rules or those that modify or develop them. º 102º of the Commercial Code and DL 62/2013, of 10 May and any other applicable legal norm or that modifies or develops them, the parties accepting their submission to such norms in all their aspects and obligations and always without prejudice to what is established in the other points of these conditions or the contract.
  17. The User undertakes to drive their vehicle in the car park with full respect for the rules of the Highway Code and posted signs, as well as to park their vehicle correctly, occupying a single space, and refraining from carrying out any activity there.
  18. The User must not leave any animals or objects inside the vehicle.
  19. The User will pay the price set out in the tariff in force for the issue of the membership card, regardless of whether it is the first issue or a subsequent issue due, in particular, to loss or destruction.
  20. The User is liable to PLACEGAR, to the entities that own the car park, and to other users of the car park, for any damage caused to them as a result of not complying with their duties or being careless when driving the vehicle inside the car park. The owner of the vehicle who is not the User will be jointly and severally liable for any damage caused by the latter.
  21. Membership of the hire service presupposes full knowledge and acceptance of the rules laid down in the park's internal regulations, so any conditions omitted from these general conditions are governed by the corresponding internal regulations.
  22. When the contract is concluded at a distance, in accordance with the provisions of DL 24/2014, of 14 February, the User has, as established therein, the right to terminate the service contracted via the web, and may therefore terminate it within 14 (fourteen) calendar days from the date of conclusion of the contract, except in the case of having already used the contract, in which case the right to terminate will cease with such use, on that same date.
  23. In order to exercise the right to terminate the contract entered into remotely, the User must, within the legally established time limits, contact the car park and inform it in writing of their wish to withdraw from the contract, or send an email to the car park's email address, and in both cases may use the model termination form included in Appendix I, although its use is not compulsory.
  24. The exercise of the aforementioned right of termination will extinguish the obligations of PLACEGAR and the companies that own the car parks towards the User, with regard to the terminated hire service. In the event of exercising the right to terminate the contract, PLACEGAR will refund the User the full amount paid, using the same means of payment used by the User, without, however, bearing any cost due to the exercise of the right to terminate within the legally established time limits and the resulting refund.
  25. However, no reimbursement will be made in the event of (i) cancellation of the contract after its use has begun, (ii) use of the contract for a period shorter than that set out in the contract or for a period that does not correspond to that set out in the contract, (iii) use of a vehicle other than that indicated in the contract, or (iv) the start of the contract period without it having been used or the contract having been terminated.
  26. If the User wishes to contact PLACEGAR to clarify any doubt, occurrence, complaint, claim or discrepancy on any issue related to these conditions of use, they can do so by contacting the car park directly or by sending an email to the car park's email address.
  27. In the event that any provision of these Terms and Conditions of Contract for Contracts is deemed null and void or unenforceable, in part or in full, by any court or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions. In such a case, the affected provision or provisions shall be replaced by others having similar effects.
  28. PLACEGAR reserves the right to unilaterally modify these Terms and Conditions at any time and without prior notice.

In this case, it will be published as early as possible.

BASIC INFORMATION ON PERSONAL DATA PROTECTION

29. BASIC INFORMATION ON PERSONAL DATA PROTECTION

RESPONSIBLE or CO-RESPONSIBLE • The GPlacegar company that owns/operates the car park to which the contract relates and co-contractor in the corresponding contract.

PURPOSE • Managing and executing the contracted service.

  • Contact you to inform you about products and services similar to those contracted and offered by PLACEGAR that may be of interest to you, as well as other products or services offered by third parties related to the car parking sector, provided that you have given your consent by ticking the box below. For this purpose, your data will be processed in order to use profiling/segmentation techniques to enable the products or services we may offer you to be tailored as closely as possible to your interests and needs. This consent is not necessary for the formalisation and execution of the contract.

[  ] I consent that my personal data - name, telephone/mobile phone number, postal address, e-mail address and licence plate number - be processed for commercial communications about products or services of the Placegar Group or of third parties with related activities.

LEGITIMACY - For the management of the contracted service: execution of the contract. - For information on PLACEGAR products or services similar to those contracted: legitimate interest of the person responsible - For information on other products or services from any third party company, other than those contracted: consent of the person concerned - For the transfer of your data to third party companies: consent of the person concerned.

RECIPIENTS - The data provided will not be passed on to third parties, except by legal obligation. However, if you have given your consent, your data may be transferred within the parameters of the consent given.

In addition, co-responsible entities or service providers that PLACEGAR hires or may hire and that have the status of subcontractors may have access to your personal data.

RIGHTS - Access, rectification, cancellation, limitation of processing and portability of data, in the cases and with the scope established in the applicable legislation at any given time. If you have given your consent for the purposes described above, you may withdraw it at any time.

Particular clauses in contracting agreements via the WEB

  1. By contracting instalments via Web (online), the User can contract the instalment directly through the web pageplacegar.com (hereinafter "Web").
  2. These Terms and Conditions apply from their publication on the Internet. As such, each contract for the online service is governed by the Terms and Conditions valid on the date the contract is signed and payment is made, without prejudice to any legitimate updates. The purchase of the online contract implies unreserved acceptance of these Terms and Conditions, as well as the other conditions to which the User is subject, including, in particular, the Privacy Policy and the Cookies Policy.
  3. The User is personally responsible for the veracity, accuracy and authenticity of the data provided at the time of contracting. As proof of knowledge and acceptance of these Terms and Conditions, the User must press the corresponding button, accepting the Terms and Conditions.
  4. The User may also, at any time, consult these Terms and Conditions, which are published on the website, as well as the privacy policy via the link: [www.placegar.com/termos-e-condicoes].
  5. Procedure for purchasing the licence online: the licence must be purchased at least 24 hours before the start date. To purchase the licence online, go online to www.placegar.com, go to the park's page, choose the "buy your licence" option and follow the instructions to complete the purchase process.
  6. If the car park for which the contract has been signed has exclusive access by licence plate reading, the User will be able to access it directly, without the need for a card, by using the licence plate reading system. In the event that the chosen car park does not have a number plate reading system installed, the user must go to the car park, after contacting them by telephone or e-mail, to collect the card from reception, according to the option communicated at the time of purchase.
  7. Price and costs of the online contracting service: The prices and costs of online contracting services are duly indicated on the website, in euros, and include the corresponding taxes (VAT) at the rates in force, and may be subject to changes, of which notice will be given by including them on the website, the price of the contract being that which is shown on the website at any given time.
  8. Payments and costs for which the User is responsible: PLACEGAR will use its best endeavours to ensure the uninterrupted and perfect operation of the Website.
However, it may have to be suspended or interrupted for maintenance and/or updates.
  1. Intellectual or Industrial Property: The intellectual property rights of the PLACEGAR website, its source code, design, navigation structures and the different elements contained therein are owned by Placegar, which is exclusively responsible for exercising the corresponding exploitation rights, in any form, and in particular the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Portuguese and European legislation.
  2. PLACEGAR reserves the right to unilaterally modify these Terms and Conditions at any time and without prior notice. In this case, they will be published as far in advance as possible.
  3. PLACEGAR reserves the right to unilaterally modify the presentation and configuration of the website and its functionalities at any time and without prior notice.
  4. PLACEGAR may, at any time and without any liability whatsoever, interrupt, deactivate and/or cancel access to and/or use of the website.

ANNEX I. MODEL RESOLUTION FORM

(Form to be filled in by the User wishing to cancel the contract)

To [name of the GPlacegar company operating the park/co-contractor in the loan contract]

Av. Marginal, nº 8648 B

2750-427 Cascais

I, [-], with the e-mail address [-], hereby inform you, under the terms and pursuant to the provisions of Decree-Law 24/2014, of 14 February, of my decision to unilaterally terminate the [-] contract concluded on [-], with the number [-].

This cancellation notice shall be given within 14 working days of the date indicated as the date on which the contract was concluded.

User's signature [•]

(sign only if the notice of withdrawal is submitted on paper)

ANNEX II. GENERAL CONDITIONS FOR THE PROTECTION OF CONTRACTED USER DATA AND PRIVACY POLICY

1. Data controller

The person responsible for processing your personal data is the GPlacegar company that owns/operates the car park to which the contracted service relates and is a co-contractor in the corresponding service contract, which includes your full identification.

Without prejudice to the above, the contact details are the contact details of PLACEGAR , as follows.

Address: Avenida Marginal, 8648B, 2750-427 Cascais

Phone: +351211156086

Email: apoio@placegar.com

You can ask any questions regarding the processing of your personal data at the following addresses:

Address: Avenida Marginal, 8648B, 2750-427 Cascais

Email: apoio@placegar.com

 

2. Purpose of processing personal data

The User's data will be processed for the purpose of managing the provision of the contracted services.

In addition, PLACEGAR may process your personal data to fulfil any legal obligation it may have, including tax obligations in accordance with applicable legislation.

Other processing of your personal data that does not arise from the need to perform a contract or fulfil a legal obligation may also be carried out once your consent has been obtained. At any time, you may object to processing based on our legitimate interest, or withdraw your consent.

If you have not objected, PLACEGAR may contact you to inform you about products and services similar to those contracted and offered by PLACEGAR that may be of interest to you, as well as, if you have given your consent, (i) to inform you about other products or services offered by third parties related to the parking sector, or (ii) to transfer your personal data to third parties so that they can inform you about products or services.

To this end, your personal data may be analysed in order to draw up a profile of you that allows commercial communications to be tailored as much as possible to your needs and preferences. In this analysis, your demographic data may be taken into account, as well as data relating to the type of product contracted.

In any case, you may only be sent commercial communications for products and services unrelated to those contracted until you withdraw your consent.

Personal data retention period: The User's personal data will be kept for as long as they are necessary for the purposes described. When they are no longer necessary for the aforementioned purposes, the data will be blocked for the period during which they may be necessary for the exercise or defence of administrative or legal claims and can only be unblocked and processed again for this reason. Once this period has elapsed, the data will be definitively cancelled.

3. Recipients of personal data

Your personal data may be transferred to Public Administrations, Authorities and Organisations, including Courts and Administrative Bodies, when so required by applicable legislation.

Co-responsible entities and service providers that PLACEGAR hires or may hire and that have the status of subcontractors, with the sole purpose of managing the purposes described, may also have access to your personal data.

4. Legitimacy for the processing and administration of personal data

In the case of the processing indicated above, the purpose of which is the management of the contracted service or the fulfilment of a legal obligation, the legal basis will be the execution of a contract or the fulfilment of the legal obligations resulting from its application. In the case of processing dependent on consent, the legal basis is the consent given.

Refusal to provide the personal data requested or the provision of incorrect or incomplete data may make it impossible to provide you with the contracted services in an appropriate manner.

5. Data subjects' rights regarding the processing of their personal data

Through the customer area, you can exercise your rights of access, rectification, cancellation, limitation of processing and portability of your data in the cases and to the extent established by the applicable legislation at any given time.

You also have the right to withdraw your consent if you have given it.

For further information, you can contact PLACEGAR by one of the following means:

- by post (to GPlacegar, Av. Marginal, nº 8648 B, 2750-427 Cascais), or by e-mail to apoio@placegar.com, attaching a photocopy of your identification document(ID card, passport or any other identification document) and stating your request clearly and simply, always identifying the car park and the fee.

We also inform you that you have the right to lodge a complaint with the National Data Protection Commission.

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