Terms of use
SIA “PARK EXPERT” DISTANCE AND SUBSCRIPTION CONTRACT TERMS
1. General information
1.1. These terms (hereinafter – the Terms) govern the general procedure for purchasing, paying for and using services at car parks (hereinafter – the Car Park) managed by SIA “Park Expert” (hereinafter – the Service Provider).
1.2. Service Provider: SIA “Park Expert”, registration No. 44103130208, registered office: Palasta iela 10, Rīga, LV-1050, Latvia, email: info@parkexpert.lv.
1.3. The service user (hereinafter – the User) is a natural or legal person who purchases or uses the Car Park services offered by the Service Provider.
1.4. Services may be purchased and paid for through the Service Provider’s website www.parkexpert.lv and the online platform available on it (hereinafter – the E-platform), as well as through other payment channels available at the particular Car Park.
1.5. The address, zone code, tariff, free parking time, where applicable, billing increment and other conditions applicable to the particular Car Park are specified in that Car Park’s terms of use and on information signs and/or the E-platform.
1.6. Before purchasing a service or using the Car Park, the User must familiarise themselves with these Terms and the particular Car Park’s terms of use.
2. Types of Car Park services and payment
2.1. Depending on the particular Car Park, the Service Provider may offer one or more of the following services and payment types:
2.1.1. Subscription – the purchase of parking rights for a specified period, on specified days and/or during specified hours, in a particular Car Park or zone and for a vehicle specified by the User, in accordance with the conditions of the selected subscription.
2.1.2. Short-term payment – the purchase of parking rights for a parking duration selected by the User or for a fixed-price period specified for the particular Car Park.
2.1.3. Post-payment – the option to pay for use of the Car Park after parking has commenced and/or after leaving the Car Park, where this option is provided at the particular Car Park.
2.1.4. “Forgot to pay?” – the option to identify and pay for a completed previous parking session available in the system through the E-platform, where full or timely payment has not been made.
2.2. Payment for use of the Car Park must be made immediately, but no later than 5 minutes after entry, unless the particular Car Park’s terms provide otherwise or Post-payment or “Forgot to pay?” is available. Where free parking time is provided, it is granted automatically or after vehicle registration in accordance with the particular Car Park’s terms. If registration is required, it must be completed within 5 minutes of entry, unless a different deadline is specified.
3. Payment procedure and contractual penalty
3.1. Depending on the particular Car Park and the selected service, the User may be offered different payment channels, including a mobile application, payment card, online banking or another payment method indicated on the E-platform or at the Car Park.
3.2. Failure to comply with the Car Park’s terms of use may result in a contractual penalty on the grounds and in the amount specified in the particular Car Park’s terms.
3.3. The User is responsible for the accuracy of the information provided when purchasing and paying for the service, including the vehicle registration number.
3.4. If an administration, transaction processing or other additional fee applies to the use of a particular payment channel or service, its amount is displayed to the User before payment confirmation.
4. Subscription
4.1. The procedure for purchasing, activating, automatically renewing and terminating a Subscription, and for recurring payments, is governed by the SIA “PARK EXPERT” GENERAL TERMS FOR THE ONLINE PURCHASE OF A PARKING SUBSCRIPTION.
5. Short-term payment
5.1. Short-term payment grants parking rights for the period paid for.
6. Post-payment
6.1. Where Post-payment is available at the particular Car Park, payment may be made after parking has commenced or after departure. This does not constitute additional free parking. An additional administration fee payable by the User may apply to the Post-payment service. Its amount is displayed to the User before payment confirmation.
6.2. The Post-payment deadline does not, in itself, constitute additional free parking time.
7. “Forgot to pay?” service
7.1. The “Forgot to pay?” service allows payment through the E-platform for a completed previous parking session for which full or timely payment has not been made. The service is available for 24 (twenty-four) hours from the moment the Car Park’s automatic number plate recognition system records the vehicle leaving the Car Park. Payment must be made within this period.
7.2. An additional administration fee payable by the User may apply to the “Forgot to pay?” service. Different administration fees may apply to registered and unregistered Users. To qualify for the registered User’s administration fee, the User must be logged into their E-platform account when preparing the payment. The administration fee is determined by the particular Car Park’s conditions.
7.3. Successful payment of the offer settles the parking fee included in it and cancels the automatically imposed contractual penalty or penalties that can be settled through that offer. The payment does not cancel other contractual penalties or obligations and does not extend the current parking session.
8. Vehicle identification and parking session
8.1. At Car Parks equipped with automatic number plate recognition, the start and end of a parking session may be determined on the basis of the entry and exit times recorded in the system.
8.2. Automatic and/or physical payment checks may be carried out at Car Parks, including both methods simultaneously. During physical checks, the Service Provider’s representatives verify compliance with vehicle parking and payment rules.
8.3. If the User identifies an error or technical malfunction, they must inform the Service Provider as soon as reasonably possible and provide supporting information upon request.
9. Prices and payment calculation
9.1. The service price depends on the tariff and service conditions of the particular Car Park.
9.2. The Service Provider may change service prices. Price changes do not affect a service period already purchased and paid for. The new price applies to subsequent purchases and, where applicable, to the next Subscription period.
10. Liability
10.1. The User must comply with these Terms, the particular Car Park’s terms of use, road signs, road markings and other instructions displayed at the Car Park.
10.2. The Service Provider is not liable for damage to or theft of a vehicle, or losses caused by third parties at the Car Park, except where the loss results from the Service Provider’s actions.
10.3. Purchasing a service does not, in itself, guarantee a specific parking space, unless the conditions of that service expressly state otherwise.
11. Personal data processing
11.1. The Service Provider processes the User’s personal data, including the vehicle registration number, contact details and data relating to use of the Car Park, to provide services, monitor payments, administer contractual penalties and protect other legitimate interests.
11.2. Personal data is processed in accordance with applicable personal data protection legislation.
12. Amendments to the Terms
12.1. The Service Provider may amend the Terms by publishing the current version on the E-platform.
12.2. If amendments materially affect an existing ongoing service, the User may be informed of them before they are applied to that service.
13. Complaints and dispute resolution
13.1. Complaints must be submitted to info@parkexpert.lv or to the registered office. The Service Provider responds within the period prescribed by law.
13.2. Disputes are first resolved through mutual negotiations. If no agreement is reached, the dispute is resolved in accordance with the legislation of the Republic of Latvia.
13.3. The Service Provider examines the User’s complaint and provides a response within the period prescribed by law. If the User is a consumer and the dispute cannot be resolved through negotiations, the User may use the out-of-court dispute resolution mechanisms provided by law.
14. Right of withdrawal
14.1. The consumer’s right of withdrawal applies in the cases provided by law. If provision of a service begins during the withdrawal period, a separate request and acknowledgement may be required on the E-platform.
14.2. If the User requests that provision of the service begin before the statutory withdrawal period expires, the User may be asked to provide an explicit request and acknowledgement to that effect on the E-platform.
SIA “PARK EXPERT” GENERAL TERMS FOR THE ONLINE PURCHASE OF A PARKING SUBSCRIPTION
1. General information
1.1. These terms (hereinafter – the Terms) govern the procedure for the online purchase of a subscription (hereinafter – the Subscription) for a car park (hereinafter – the Car Park) managed by SIA “Park Expert” (hereinafter – the Service Provider). They apply to natural or legal persons (hereinafter – the Purchaser) purchasing a Subscription through the online platform (hereinafter – the E-platform, available at www.parkexpert.lv) and form an integral part of the agreement for use of the Car Park between the Service Provider and the Purchaser (hereinafter – the Agreement). The Agreement consists of the Purchaser’s application on the E-platform, these Terms, the Privacy Policy terms accepted on the E-platform and available at www.parkexpert.lv/lv/privatuma-politika (hereinafter – the Privacy Policy), and the Service Provider’s Subscription activation notice referred to in clause 3.1.
1.2. Service Provider: SIA “Park Expert”, registration No. 44103130208, registered office: Palasta iela 10, Rīga, LV-1050, Latvia, email: info@parkexpert.lv.
1.3. The Purchaser is a person who uses the E-platform to purchase a Subscription.
1.4. The Subscription grants the right to use the Car Park in accordance with the selected Subscription type (for example, a daytime, 24-hour or monthly subscription).
1.5. The Subscription is a paid service granting the Purchaser the right, during the purchased period, to use one Car Park within a specified area for one vehicle specified by the Purchaser, in accordance with the relevant Car Park’s terms of use, available both on the E-platform and on information signs at the Car Park. The Car Park’s terms of use specify Subscription types, the minimum period, the price for each Subscription type and other conditions. Prices are stated in euros and include VAT at the applicable rate. Information signs at the Car Park contain only basic information; therefore, the Purchaser must familiarise themselves with the full Car Park terms of use on the E-platform.
1.6. The Service Provider reserves the right to amend the Terms and the subscriber’s car park terms of use unilaterally, notifying the Purchaser at the email address provided by the Purchaser no later than 7 days before the amendments take effect. The current version of the Terms is available on the E-platform: www.parkexpert.lv/lv/lietosanas-noteikumi. If the amendments concern the Purchaser’s Subscription and the Purchaser notifies the Service Provider in writing, before the amendments take effect, that they do not agree with the changes referred to in this clause, the Agreement is deemed terminated upon receipt of that notice from the Purchaser; otherwise, the Purchaser is deemed to have agreed to the amendments.
1.8. By purchasing a Subscription, the Purchaser confirms that they have familiarised themselves with the Terms, the Car Park’s terms of use and the Privacy Policy.
2. Subscription purchase and payment procedure
2.1. A Subscription is purchased on the E-platform www.parkexpert.lv by following the instructions in the “Buy subscription” section.
2.2. When making a purchase, the Purchaser selects the Subscription type and period and provides the following information:
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First name and surname, or the legal entity’s name;
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Email address and telephone number;
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Vehicle registration number;
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For VAT payers: VAT number, where applicable.
2.3. The Purchaser confirms that they have familiarised themselves with the Terms, the Car Park’s terms of use and the Privacy Policy by ticking the corresponding checkbox on the E-platform.
2.4. Payment for the Subscription must be made using the payment methods offered on the E-platform for the particular purchase, including a payment card, online banking or payment against an invoice, where available. When paying an invoice by bank transfer, the invoice number must be included in the payment reference.
2.5. The Purchaser is responsible for providing correct information in the Subscription application. The Service Provider is not liable for errors resulting from incorrectly entered information, such as an incorrect email address or vehicle registration number.
2.6. Subscription prices may change until the Purchaser has completed the purchase and made payment.
Recurring payment terms
2.7. Where this option is available, the Purchaser may enable automatic Subscription renewal by agreeing to recurring charges to the saved payment card. Automatic renewal requires a payment card supported by the payment service provider for recurring payments. Payment by bank transfer does not, in itself, activate automatic renewal.
The Purchaser may disable automatic renewal in the “Subscriptions” section of their E-platform profile or submit a written request to info@parkexpert.lv. Disabling automatic renewal does not terminate the Subscription period already paid for and does not, in itself, result in a refund of a payment already made.
2.8. The first automatic payment attempt for the next Subscription period is scheduled for three days before the end of the paid Subscription period. Automatic renewal is for one subsequent calendar-month period, even if the original Subscription was purchased for several months.
2.9. If, on the payment date specified in clause 2.8 of the Terms, the payment card specified by the Purchaser has insufficient funds, the payment is not made and the Subscription is discontinued for the next period to be paid for.
2.10. The Purchaser will receive information about the next recurring payment at the email address provided on the E-platform no later than 3 days in advance.
3. Subscription delivery and activation terms
3.1. Following payment confirmation, the Service Provider activates the Subscription and sends purchase confirmation to the email address provided by the Purchaser. Parking rights apply to the vehicles registered under the Subscription, the specified period and the conditions of the selected Subscription.
3.2. If payment against an invoice is selected, the invoice is sent to the email address provided by the Purchaser. The Subscription is activated and activation confirmation is sent after the payment has been received and identified.
3.3. The Service Provider is not liable for non-receipt of a confirmation or invoice if the Purchaser provided an incorrect email address, if the email was blocked by the Purchaser’s email filters, or if other technical obstacles exist.
3.4. At the request of the Service Provider’s representative, the Purchaser must present the Subscription purchase confirmation in digital or printed form.
3.5. If the Purchaser has not received the Subscription confirmation or invoice, they must notify the Service Provider by writing to info@parkexpert.lv on working days between 9:00 and 17:00. After payment confirmation, the Service Provider resends the confirmation.
4. Liability
4.1. The Service Provider ensures access to the car park in accordance with the Subscription conditions but may restrict access in certain exceptional circumstances, for example for technical reasons, repair work or measures necessary to prevent accidents, giving notice after the event. In such cases, the Subscription fee is not refunded, but the Service Provider may offer an alternative solution, such as extending the Subscription period.
4.2. The Service Provider may cancel the Subscription if there are reasonable grounds to suspect fraudulent activity. In such cases, the Purchaser may be held liable under the legislation of the Republic of Latvia.
4.3. The Service Provider may refuse or terminate a Subscription at any time if the Purchaser breaches these Terms and/or the car park’s terms of use and/or the legislation of the Republic of Latvia within the car park premises.
4.4. The Purchaser confirms that they will not use third-party payment instruments without appropriate permission and will comply with the car park’s terms of use.
4.5. The Purchaser must not disclose their E-platform login details or the Subscription activation/confirmation information referred to in clause 3.1 to third parties and assumes full responsibility for the consequences of breaching this clause.
4.6. The Service Provider is not liable for losses incurred by the Purchaser due to incorrect parking of the vehicle or a breach of the Car Park’s terms of use, including penalties or vehicle towing.
4.6. The Service Provider is not liable for damage to or theft of a vehicle at the Car Park, except where the damage results from the Service Provider’s own actions.
5. Other terms
5.1. In addition to the cases specified in the Terms, the Service Provider may terminate the Agreement without stating a reason by giving the Purchaser 30 days’ prior notice.
5.2. The Purchaser must not use the Subscription for commercial purposes without the Service Provider’s written permission. Copying or reselling the Subscription is prohibited.
5.3. Disputes between the Purchaser and the Service Provider are resolved through negotiations. If no agreement is reached, disputes are heard by Latvian courts in accordance with the law.
5.4. Complaints concerning the Agreement must be submitted by sending a free-form application to info@parkexpert.lv or to the registered office (Palasta iela 10, Rīga, LV-1050), stating the Purchaser’s details and the grounds for the complaint.
5.5. If the Purchaser is a consumer, they may contact the Consumer Rights Protection Centre (www.ptac.gov.lv) in the event of a breach of consumer protection rights.
5.6. Any notices sent by the Service Provider to the email address provided by the Purchaser are considered written notices for the purposes of these Terms and have the same effect as notices sent by post.
5.7. A Party is released from the performance of its obligations where non-performance results from force majeure circumstances beyond that Party’s control which it could not have foreseen. If such force majeure circumstances last for more than 30 days, either Party may unilaterally terminate the Agreement by written notice to the other Party.
6. Right of withdrawal
6.1. The Purchaser may exercise the right of withdrawal and unilaterally withdraw from the Agreement within 14 days of its conclusion by sending the relevant notice to the Service Provider at info@parkexpert.lv, provided that the Purchaser has not started using the Subscription. A refund is made using the same payment method that the customer used for the transaction.
INFORMATION ON DATA PROCESSING AT CAR PARKS
Terms
These Video Surveillance Data Processing Terms, hereinafter the “Terms”, apply when you, as a data subject, use Car Park services provided by SIA “Park Expert”, registration number 44103130208, and concern personal data processing in the course of video surveillance, or where you have provided your personal data to SIA “Park Expert” for other reasons.
Controller
SIA “Park Expert”, registration number 44103130208, address: Palasta iela 10, Rīga, LV-1050, email: admin@parkexpert.lv (hereinafter – Park Expert), as controller, informs you of the following factual and legal circumstances concerning personal data processing in accordance with Article 13 of the General Data Protection Regulation No. 2016/679 (hereinafter – the Data Regulation):
1. Contact details of Park Expert’s data protection officer:
2. Personal data:
The Personal Data collected and processed by Park Expert includes the following information:
Video surveillance data (video recordings or images obtained at locations where video surveillance cameras are installed): the vehicle registration number, the car park address, entry and exit times, images of natural persons, their appearance, visually recorded behaviour/movements, the location where a person’s image is recorded (camera location), the time of recording a person’s image (date, time, start and end of the recording), and data obtained through any form of correspondence, including written correspondence and emails.
3. Legal bases and purposes of personal data processing:
3.1. Conclusion of the agreement, as well as monitoring its performance and payment when the car park is used, pursuant to Article 6(1)(b) of the Data Regulation;
3.2. The controller’s legitimate interests pursuant to Article 6(1)(f) of the Data Regulation apply to the following personal data processing purposes:
3.2.1. Imposing contractual penalties and recovering contractual fees and debts;
3.2.2. Preventing and detecting criminal offences for the protection of property, and obtaining evidence for insurance purposes;
3.2.3. Maintaining order and safety within Car Park premises.
3.2.4. Automated decision-making may take place in the course of Park Expert’s video surveillance.
4. Recipients of personal data:
Personal data may be disclosed to law enforcement and other authorities in the cases provided by law, to a sworn advocate for legal assistance, to insurance companies, supervisory authorities (such as the Data State Inspectorate), courts, and information system maintenance providers acting as processors.
Data obtained from video recordings (vehicle registration number and entry and exit times) is disclosed to out-of-court debt recovery service providers where payment for use of the Car Park has not been made and there is a legal basis for recovery of the claim.
5. Transfer of personal data to a third country or an international organisation and automated decision-making:
Park Expert does not intend to transfer personal data to third countries or international organisations in the course of video surveillance.
6. Retention:
6.1. To protect your Personal Data against unauthorised access, unlawful processing or disclosure, accidental loss, alteration or destruction, we use appropriate measures that comply with applicable legislation.
6.2. Video recordings are retained from the time of recording for no longer than:
6.2.1. 30 days for property protection purposes;
6.2.2. 24 hours for payment monitoring purposes;
6.2.3. Until performance of the agreement or expiry of the limitation period for the pursuit of legitimate interests, such as litigation. In such cases, the relevant recording excerpt is extracted and retained until those legitimate interests have been pursued.
7. Data subject rights:
7.1. You have the right to access your data, request restriction of processing, object to processing and request erasure of your personal data. You also have the right to lodge a complaint with the supervisory authority about Park Expert’s actions if they infringe your rights as a data subject under personal data protection legislation.
Data subject requests must be addressed to: SIA “Park Expert”, Palasta iela 10, Rīga, LV-1050, email: admin@parkexpert.lv.