These general terms and conditions (referred to as “General Conditions”) govern your use of the service that you have registered for and in conjunction with any other specific terms and conditions related to the parking services (the “Services”) provided by Capacity at a Landlord’s (Capacity Customer) parking premises.
These General Conditions are legally binding on you if you register for all Capacity Services. By using all these Services (e.g. using MyCapacity, entering a parking lot, etc.), you are considered to have agreed to and accepted these General Conditions and you undertake to observe such.
Capacity reserves the right to make changes to these General Conditions, which are published and are available to be viewed in our Capacity Website and/or the Payment Kiosks. If any provision of these General Conditions is not enforceable or contrary to the law, the other provisions shall continue to remain in force.
Fees and payment
You agree that the parking fees for using the Capacity Services are confirmed before you start parking and that the respective rates vary as a result of parameters set by our customers, such as time of day, day of week, occupancy, etc. These fees are informed and can be accessed in the Capacity Payment Kiosks found in the parking premises.
In the unlikely event of the parking system being unavailable, you must pay the appropriate parking fee that is due by using another way (e.g. by using the payment machine available in the parking lot).
You agree that payments for the Services will be processed by a third-party payment processor, namely SIX Payment Services (Europe) S.A. (the “Provider”).
If paying by credit or debit card, you must have sufficient credit on the card account to pay the fees due at the time Landlord or Provider requests the payment from the credit or debit card company. Landlord accepts no responsibility for penalty charges being issued if you have failed to ensure that sufficient funds are available to cover your parking fees.
Our customers reserve the right to refuse to release your vehicle from the car park if you are unable to produce a valid proof of payment until we have made such enquiries as we consider reasonable. Failure to provide a valid digital proof of payment may therefore delay your departure.
If you are unable to produce a valid proof of payment you will be charged the maximum day rate which is clearly advertised in the Capacity Payment Kiosk in the car park.
Using the Services
Please ensure that before you leave your vehicle such is securely locked, all windows are securely closed, and all other applicable security measures are engaged. Please ensure that you take your possessions with you when you leave your vehicle. If you have to leave your possessions in your vehicle, make sure they are out of sight. Leaving personal property in the vehicle is done at your own risk.
Should you damage another customer’s vehicle or the existing parking hardware you are requested to report the matter immediately to us and provide the registration number (plus any other available information) of your vehicle and the damaged vehicle or object.
The car park can be dangerous, and you undertake to use such solely for lawful purposed. Moreover, you are required and undertake to:
(a) drive carefully and obey the directional signs and speed limit;
(b) proceed to the nearest exit once you have parked your vehicles and do not wander about;
(c) keep a careful eye on people in your care;
(d) generally, observe all applicable laws and regulations (including traffic rules).
Only vehicles not exceeding the maximum dimensions and weight indicated at the entrance to the parking facility shall be granted access therein. It is prohibited to enter of access the parking facility with any type of trailer, including caravans or with vehicles power by liquefied petroleum gas (LPG).
It is prohibited to:
(a) use the parking facility for any purpose other than the parking of vehicles;
(b) offer, distribute, sell or rent out goods or services within the parking facility;
(c) advertise in or on the parking facility;
(d) smoke or ignite an open fire within the Parking Facility;
(e) stay in the motor vehicle or keep the engine running any longer than is necessary to park the motor vehicles. After parking, the car lights and the motor must be switched off and all persons must leave the parking facility.
(f) carry out repairs or other activities relating to the motor vehicle;
(g) leave waste in the parking facilities, with the exception of small items of waste, which must be placed in the bins provided for that purpose.
You are responsible for providing our customers the correct information about you when you register your information to use the Capacity Services.
In case of any mistake occurring during the purchase procedure, activation or use of our Services, you may send an e-mail to firstname.lastname@example.org so that the issue can be resolved as soon as possible.
By using the Capacity system or services, you hereby release, remise and forever discharge and give up, to the maximum extent permitted by the law, any and all claims which you may have against the parking location owner, which now or hereafter arise from, relate to or are connected with the use of the Payment Kiosk or Capacity Services. You further waive, release and give up any and all claims and defenses arising from or relating to any act, event or omission. This includes, without limitation, any claim which could be asserted now or in the future under (i) the law; (ii) any of the Landlord policies, practices, or procedures.
Landlords are not liable for any damages, theft, fire or any other sort of damages caused by other customers or third parties to the vehicles located in their parking lots and to other property of the users.
Capacity customers intend to process information relating to you such as name, address, telephone number, card details, etc. in order to fulfil its obligations in respect to providing you with our Capacity Services. Payment information will be forwarded to Capacity and, if the case, to other external payments services providers.
You have the right to request that incorrect information concerning you is corrected, limited and, where applicable, deleted. You are also entitled to data portability and the opportunity to submit complaints with National Supervisory Authority For Personal Data Processing.
All intellectual property in the Capacity system and Services is the sole property of Cegeka and our affiliates or other representatives (as applicable) together with any goodwill, derivatives, new versions, enhancements, updates, changes, etc. of our intellectual property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.