Car park rules

Rules for Closed Managed Car Parks

1. GENERAL PROVISIONS

1.1. These rules (hereinafter the Rules) apply to owners and/or keepers of cars (natural and/or legal persons) (hereinafter the Users) parking cars in open (barrier-free) car parks marked with the CityPro trademark (hereinafter the Car Parks), in which paid car parking services are provided by UAB “KITOKS MIESTAS”, legal entity code 303118462, registered office address Mėnulio g. 7, 04326 Vilnius (hereinafter the Company).

The Rules govern the procedure for using the Car Park and for the provision of car parking services, the rights and obligations of the User and the Company, the processing of the User’s personal data, the methods and procedure of payment for the services provided, and liability for breach of these Rules.
Before using the Car Parks for car parking, the User must read these Rules carefully and comply with them.
The main (essential) provisions of these Rules, together with other important information, are made available to the User for review before entering each Car Park, together with an indication of the Company’s website on which the full text of these Rules is published. Each User who parks a car in any of the Car Parks marked with the CityPro trademark shall be deemed, by conclusive conduct, to express the intention to enter into a car parking services transaction (order) with the Company, to agree to comply with all provisions of these Rules (including, but not limited to, the provisions setting out the procedure for using the Car Park and for paying for the services provided), and to confirm that all terms of the Rules and other information provided in the Rules are clear and comprehensible to the User.

1.5. Once the User has entered any of the Car Parks marked with the CityPro trademark and has begun to use the car parking services provided by the Company, a civil contractual legal relationship for the provision of services shall be deemed to have arisen between the User and the Company, which the parties shall perform in accordance with these Rules, which form an integral part of the services agreement. The User expressly agrees and acknowledges that he or she will lose the right to withdraw from the agreement in respect of the car parking services actually provided to him or her.
Should the User have any questions regarding the interpretation or application of the Rules, the User may contact the Company’s representatives using the following contact details: by telephone +370 620 82222, by e-mail info@citypro.lt.

2. DEFINITIONS USED IN THE RULES

2.1. Car Parks – open CityPro car parks owned by the Company or held by it on another lawful basis. 2.2. User – a customer of the Company (natural or legal person) who has agreed to these Rules and, on the basis thereof, uses the car parking services provided by the Company in the Car Parks.
2.3. Services – the car parking services provided by the Company in the Car Parks.

2.4. Customer Service Specialist – an employee of the Company who administers the Car Park. Customer Service Specialists work around the clock. They can be contacted by telephone on +370 620 82222.
2.5. Website – the Company’s website at https://CityPro.lt .
2.6. In these Rules, terms used in the singular and in the plural have the same meaning, depending on the context of the Rules.

3. RULES FOR THE USE OF CAR PARKS

3.1. Before entering an open Car Park not restricted by a barrier, the User is provided, for review, with the basic information on the use of the Car Park displayed on the Car Park information board (instructions for using the Car Park, the price of the service, payment methods, the contact details of the Service provider, etc.), which the User must read carefully, and the User may enter the Car Park only if he or she agrees with the information provided.

3.2. To enter the Car Park, the User must take the following steps:
3.2.1. Stop the car at the entry barrier;
3.2.2. Wait until the camera reads the car’s state registration number and the barrier rises;
3.2.3. Once the barrier has risen, enter the Car Park and park in any free space, unless there are parking signs prohibiting this.

3.3. To leave the Car Park, the following steps must be taken:
3.3.1. Pay for the car’s parking using the chosen method;
3.3.2. Stop the car at the exit barrier;
3.3.3. Wait until the camera reads the car’s number and the barrier rises.
3.3.4. Once the barrier has risen, leave the Car Park.

3.4. If, after payment for the car’s parking has been made, the car does not leave the car park within 15 minutes, the car is automatically checked out and checked in again, and the parking fee therefore starts to be calculated anew.

3.5. Payment for the Services may be made by the methods indicated on the information board.

3.6. An additional fee, as indicated in the car park information, applies to payments made via the mobile app.

3.7. The fee for the services is charged according to the rates in force on the day on which the car was parked. Different rates may apply in each Car Park. The rates are published in the Car Parks and on the Website. The price is calculated according to the time actually parked, rounded up to the next unit of time accounting applied by the Company and specified in the rates. The Company has the right to change the rates for the services unilaterally. When using the ParkOk app or SMS services, additional fees may apply, the specific amount of which is published in the Car Parks and on the Website alongside the description of the relevant payment method.
3.8. Cars in the Car Park must be parked in accordance with the Car Park markings and the road traffic rules.
3.9. The User is liable for damage to tangible property located in the Car Park or for any other pecuniary and/or non-pecuniary damage caused to the Company or to third parties by the User’s culpable acts (whether intentional or negligent). The User is also liable for pecuniary and/or non-pecuniary damage caused to third parties as a result of the malfunction of Car Park equipment (e.g. a lifting barrier) damaged by the User’s culpable acts (intent or negligence) (e.g. where the User strikes the lifting barrier, its operation is disrupted and, as a result, other cars passing through the barrier are damaged). The Company shall not be liable to third parties for any pecuniary and/or non-pecuniary damage caused by the user to third parties (whether caused directly or arising from the malfunction of Car Park equipment damaged by the User’s culpable acts). Such damage to third parties must be compensated directly by the User.

3.10. In the event of equipment failure or other difficulties, the User shall seek assistance by telephone (24/7) +370 620 82222.
3.11. The Company does not undertake to guard or otherwise look after the cars parked in the Car Parks or the property in them, and shall not be liable for the theft, damage, destruction or other impairment of the cars parked in the Car Parks or of the property in them.
3.12. Where the User breaches these Rules, the Company acquires the right to require the User to compensate for the losses incurred as a result of the breach of the Rules, including reimbursing the Company’s costs related to the pre-trial and/or judicial recovery of debts for the services provided to the User or of damage caused by the User.

3.13. For failure to comply with the requirements set out in point 3.3 of these Rules for the Use of Car Parks, a rule infringement fee of EUR 40 shall be imposed on the vehicle keeper.

3.14. For each separate repeated infringement, a new rule infringement fee of EUR 40 shall be imposed, irrespective of any previously recorded infringements and the fees calculated for them.

3.15. The rule infringement fee may be reduced at the Company’s discretion, taking into account the circumstances of the infringement, the explanations and documents provided by the vehicle keeper, the recurrence of the infringement and the time within which payment is made.

3.16. A request to reduce the fee must be submitted to the Company in writing, stating the vehicle’s state registration number and the date, place and circumstances of the infringement. The submission of a request does not in itself release the applicant from the obligation to pay the fee imposed and does not suspend the time limit for its payment, unless the Company states otherwise in writing.

3.17. The Company decides on the reduction of the rule infringement fee on a case-by-case basis.

3.18. The time limit for refunding overpayments, double payments or amounts arising from an incorrectly applied tariff is 14 working days from the date of receipt of all the necessary information and documents.

3.19. To obtain a refund, it is necessary to contact the Company at the e-mail address specified by the Company and to provide:

documents confirming payment – a bank account statement or payment receipts;
the car’s state registration number;
the address of the car park at which the payment was made;
the bank account number (IBAN) to which the funds could be refunded if an overpayment were established;
the first name and surname of the bank account holder.

3.20. The refund time limit starts to run only upon receipt of all the information and documents necessary to examine the request.

3.21. If the vehicle keeper fails to pay, within the set time limit, for the services provided, the rule infringement fee or other amounts due to the Company, the Company has the right to transfer the resulting debt for management and/or collection to a debt management and collection company with which the Company has concluded an agreement.

For the purpose of debt management and collection, the Company has the right to transfer to the debt collection company only such data of the debtor, the vehicle keeper and the vehicle as are necessary to establish, manage and collect the debt.

The debtor may be required to reimburse reasonable debt management and collection costs permitted by law.

3.22. The vehicle keeper and/or the person who caused the damage must compensate the Company, the car park owner or third parties for damage caused by his or her acts or omissions. The damage to be compensated may include the costs of repairing, restoring or replacing damaged or destroyed property, calling out a specialist, diagnosing the fault, putting the car park in order, and other reasonable and documented costs.

The person who caused damage to car park equipment or other property must immediately inform the Company using the contact details indicated in the car park and provide the information necessary to establish the circumstances of the damage.

If the amount of compensation for damage claimed is not paid within the time limit set by the Company, the Company has the right to transfer the claim for compensation for damage for management and/or collection to a debt management and collection company with which the Company has concluded an agreement.

For the purpose of damage management and collection, the Company has the right to transfer only such data of the person who caused the damage, the vehicle keeper, the vehicle and the incident as are necessary to establish the damage and to manage and collect the claim.

The responsible person may also be required to reimburse reasonable costs of establishing, managing and collecting the damage permitted by law.

3.23 Once the free parking period has ended, the fee starts to be calculated immediately and is rounded up to the minimum charging tariff indicated on the information board.

4. PROVISIONS ON THE PROCESSING OF PERSONAL DATA

4.1. By agreeing to these Rules, the User provides his or her personal data for processing for the purposes of administering and performing the Services provided by the Company to the User (legal basis: the conclusion and performance of a contract concluded by conclusive conduct), as well as for the other related purposes mentioned below. The following personal data of the User obtained by the Company during the use of the Service are processed: car make, car state registration numbers, photographs of car state registration numbers captured by entry devices, in the event of recovery of the User’s debt – the User’s first name and surname, as well as data relating to the use of and payment for the Services, including, in the case of a User intending to pay for the Services via the mobile app, mobile device GPS (location) data, telephone number, recordings of telephone conversations with employees of the Company’s customer service centre, and video surveillance data in the Car Park.

4.2. When processing personal data, the Company adheres to the following principles:

4.2.1. Personal data are collected for specified and legitimate purposes;

4.2.2. Personal data are processed accurately, fairly and in a transparent manner;

4.2.3. Personal data processed are adequate, relevant and limited to those necessary to achieve the specified purposes;

4.2.4. Personal data are processed lawfully, i.e. only on the grounds for lawful processing laid down in legislation (the conclusion and performance of a contract, consent, and other grounds, where applicable).

4.2.5. Personal data are kept up to date on an ongoing basis.

4.2.6. Personal data are stored for no longer than required by the specified data processing purposes.

4.3. The User is aware that, if he or she fails to fulfil the financial obligation to pay for the Services and does not remedy this breach within the time limit specified in the warning, the Company has the right to transfer the User’s debt data and personal data to persons having a legitimate interest and to controllers of joint debtor data files for the purposes of debt management and/or collection (data on unfulfilled obligations are stored for 10 years after the date of repayment of the debt).

4.4. On the basis of the Company’s legitimate interest, the User’s contact details (telephone number, e-mail address) may be used to inform the User of relevant offers intended for the User relating to the use of the Services, and of the terms of provision of the Services. For this purpose, data provided by the User relating to the use of the Services may be used. The User may at any time withdraw consent to receive the information referred to in this point of the Rules by contacting the Company by e-mail at info@citypro.lt or by telephone on +370 620 82222.

4.6. The Company may transfer the User’s telephone number and e-mail address to third parties providing specialised services to the Company solely for the purpose of sending the User the information referred to in point 6.5. of these Rules.

4.7. Video surveillance in the Car Parks is carried out in order to ensure the protection of the Company’s property rights, to guarantee the security and inviolability of the property managed by the Company, the quality of the Services and the administration process, and the safety of the Company’s employees and of third parties engaged by the Company to provide the Services, as well as of their property. Video surveillance is carried out around the clock.

4.8. Video recordings may be reviewed only where there are, or are suspected to be, breaches of the rules on the provision of Services, of the provisions of Services agreements concluded between the Company and Users or of the Company’s internal rules, in matters concerning the quality of the Services provided by the Company, in cases of accidents involving Users or employees, in cases of loss, damage or destruction of material assets, and in cases of conflicts (incidents) between Users and employees. Video recordings may be reviewed only by persons duly authorised by the Company’s manager who have familiarised themselves with the requirements of the legislation governing personal data protection and have undertaken to comply with them by signature or by other means evidencing the fact of being informed and of the undertaking.

4.9. Personal data collected through video surveillance (video data) are stored for no longer than 2 (two) months from the date of recording and are then automatically destroyed, except where there are grounds to believe that a misconduct, a breach of work discipline, a criminal act or other unlawful acts have been recorded (until the end of the relevant investigation and/or court proceedings).

4.10. Telephone conversations with employees of the Company’s customer service centre are recorded in order to ensure the quality of the services provided and to keep Users informed. Before a conversation is recorded, the data subject is informed of the recording of the conversation and its purpose. Recordings of telephone conversations are stored for 1 year and may be listened to only where there are, or are suspected to be, breaches of the rules on the provision of Services, of the provisions of Services agreements concluded between the Company and Users or of the Company’s internal rules, in matters concerning the quality of the Services provided by the Company, in cases of accidents involving Users or employees, in cases of loss, damage or destruction of material assets, and in cases of conflicts (incidents) between Users and employees.

4.11. The User confirms that he or she has been informed of the right to access personal data, to request the rectification of his or her incorrect, incomplete or inaccurate personal data, to request the restriction of data processing operations (except storage) or the destruction of data (where excessive data are processed, data are processed in breach of legal requirements, consent is withdrawn or there are other grounds specified in legislation), the right to data portability (where data are processed on the basis of a contract or consent), and, in accordance with the procedure laid down by law, the right to object to the processing of personal data where personal data are processed on the basis of consent or legitimate interest, including processing for direct marketing purposes. In exercising the right to data portability, the data processed may be transferred to the User directly or to a controller designated by the User. Only requests concerning the exercise of data subject rights made by Users who have established their identity in accordance with the procedure laid down by law may be fulfilled.

4.12. The User’s personal data may be disclosed:

4.12.1. to the Company’s employees who communicate with the User and are responsible for customer service, accounting, technical maintenance of Car Park equipment and marketing;

4.12.2. to third parties providing services to the Company, including marketing companies, information technology and telecommunications service providers, audit, accounting, legal services and debt collection companies and others, only to the extent necessary for the purposes of performing the mutual agreements concluded between such third parties and the Company.

4.13. If the User has any questions or complaints regarding the processing of personal data, the User may contact the Company’s data protection officer by e-mail at info@citypro.lt or register an enquiry by calling +370 620 82222 The User may also apply to the State Data Protection Inspectorate.

5. FINAL PROVISIONS

5.1. These Rules take effect in respect of the User upon his or her becoming acquainted with them and agreeing to these Rules by conclusive conduct before entering the Car Park.
5.2. The Company has the right to amend these Rules unilaterally at any time by announcing this on the Website in advance (10 calendar days beforehand).

5.3. If the User continues to use the Car Park after the amendments to the Rules take effect, he or she shall be deemed to agree to the amendments made to the Rules by the Company. If the User does not agree to the amendments to the Rules, he or she must cease using the Services specified in the Rules.

5.4. Claims regarding the services provided by the Company, the fees calculated or other circumstances related to the use of the car park must be submitted by e-mail to pagalba@citypro.lt, stating the claimant’s contact details, the vehicle’s state registration number, the car park address, the date and time of the incident, the circumstances of the claim and the demand, and enclosing documents substantiating the claim or other available information; the Company shall examine the claim and provide a reply within 14 working days from the date of receipt of all the information and documents necessary to examine the claim, and if the information provided is insufficient, the Company has the right to request additional data or documents, in which case the time limit for examining the claim starts to run from the date of receipt of the additional information.
5.5. The Company has the right to unilaterally assign all rights and obligations arising from these Rules to a third party.

5.6. These Rules shall be interpreted and applied in accordance with the law of the Republic of Lithuania. Disputes between the Company and the User shall be resolved by the courts of the Republic of Lithuania.

Rules for Open Managed Car Parks