GENERAL PROVISIONS
The following Terms of Use are valid between the company Com-Media SpA, whose registered office is located in Genoa, Italy, in Via M. Fanti 10 R, zip code 16149, VAT number 01537840991 (hereinafter "Com-Media"), and any natural or legal person (hereinafter the "USER") who requests for themselves of for third parties the services offered on the website www.myparking.it - and/or related websites.
The following Terms of Use regulate the purchase of the parking booking service on the website www.myparking.it - and/or related websites - according to Section III, Paragraph III, Chapter I of the Consumer Code, decree 206/2005, amended by decrees 21/2014, 70/2003 (e-commerce) and 185/1999 (distance contract) and may be amended anytime; the release date of this agreement is corresponding to the effective date.
Introduction
MyParking and any related websites are registered trademarks and property of Com-Media SpA.
On MyParking websites the user can choose indoor or outdoor parking spots provided by various affiliated car parks and book in the following ways:
- prepaid booking
- booking with payment upon arrival
Art. 1 - Applicable regulations
1.1 The purchase of the parking service through Com-Media on the website www.myparking.it - and/or related websites - leads to the conclusion of a direct contractual agreement betweeen the USER and the parking manager, a natural or legal person who provides the parking service (hereinafter PARKING MANAGER), through the booking service provided by Com-Media on the website www.myparking.it - and/or related websites. This agreement is regulated in accordance with legislation and the conditions applicable to the PARKING MANAGER.
1.2 The USER acknowledges and accepts that the service booked on the website www.myparking.it - and/or related websites - is not directly offered by Com-Media but by third parties and therefore is regulated by the terms of sale established by each PARKING MANAGER.
1.3 The USER declares and acknowledges to have chosen on their own the parking service of their own interest on the website www.myparking.it - and/or related websites - and consequently to have requested Com-Media, as intermediary, to book the chosen service. The USER also acknowledges that many different parking services are available on the website www.myparking.it and related websites and therefore the choice is made by the USER themselves in full autonomy.
1.4 By using the service on the website www.myparking.it and related websites, the USER requests Com-Media, as intermediary, to book through the website the chosen parking service. The USER gives their consent by providing the necessary data and shall comply with the general provisions included in this regulation.
1.5 By choosing the prepaid booking, the USER pays the service price as advance provision, i.e. “necessary means to perform the assignment” ((Art. 1719 of the Italian Civil Code).
1.6 Before confirming the booking, the USER commits to carefully read these terms of use, and to accept them by flagging the corresponding checkbox in the booking form in order to complete the booking procedure successfully.
Art. 2 - Service
2.1 Based on these Terms of Use, Com-Media offers the booking service of parking areas in affiliated car parks published on the website www.myparking.it - and/or related websites.
2.2 The availability of the parking areas and the related services is guaranteed and provided by the PARKING MANAGER. Therefore, the PARKING MANAGER is legally and exclusively responsible for the organisation and the custody of the parked vehicles. The PARKING MANAGER is also responsible for the truthfulness and the ongoing update of the information related to the parking service as provided and published on the website www.myparking.it - and/or related websites.
2.3 Com-Media checks the prices suggested by the PARKING MANAGER in order to offer the USER the best prices. Prices may increase or decrease according to seasonality or special offers. All the prices are valid for online booking only and include VAT.
2.4 The agreement is concluded via Internet only, once the USER accesses the website www.myparking.it - and/or related websites - and follows the procedure to finalise the purchase as described on the website itself.
2.5 Before completing the booking procedure, the USER commits to carefully read these terms of use, in particular the pre-contractual information provided by Com-Media and accept them by flagging the corresponding checkbox in the booking form.
2.6 In the booking confirmation email, the USER will also find the link to download and save a copy of these terms of use, as per Art. 51 paragraph 1 of decree 206/2005, amended by decree 21/2014.
Art. 3 - Booking Procedure
3.1 After the booking procedure on the website www.myparking.it - and/or related websites - has been completed, a booking confirmation-Voucher is showed on the user's device screen.
3.2 The USER shall check that all the personal data provided are correct and shall take note of the directions and the instructions to get the booked parking service, paying attention to the booked car park location and telephone number(s), as well as to all the details regarding how to access and exit the parking facility. All this information is automatically sent per email too but the USER shall make sure they have received it or have asked Com-Media for it by using the tools provided on the website.
3.3 The USER is solely responsible for the collection of all the correct information through the website before the entry date booked. Com-Media SpA is in no way responsible of any missed bookings due to the USER's failure to obtain the necessary directions or information on the website.
3.4 Before proceeding with the booking the USER shall check the details page of the car park of their interest to make sure that the transfer service to the selected destination is included in the price displayed on the website www.myparking.it - and/or related websites.
3.5 Prices may vary according to the dates selected, the parking duration, the day/time of entry/exit.
3.6 Com-Media commits to promptly update on the website www.myparking.it - and/or related websites, any information regarding the car parks and the parking areas as provided by the PARKING MANAGER.
3.7 Depending on the car park and the parking service selected, the USER may be obliged to leave the vehicle keys to the parking personnel. In that case, before leaving the vehicle the USER should make sure their vehicle is suitable for use on the road and has all the documents required, such as the payment of the vehicle registration and the road tax.
3.8 The PARKING MANAGER may have the parked vehicles moved by the personnel inside the parking area or to separate areas in order to guarantee a better organisation of the parking area or, in case of any emergency, to avoid accidents or obstructions.
3.9 The USER shall park in whichever affiliated car park in compliance with to its “Terms of Use”. Therefore the user shall make sure to check and ask for the “Terms of Use” applied by PARKING MANAGER of the booked car park.
3.10 The USER declares themselves aware that any failure to use the booked service due to mistakes in filling in the booking form, wrong information provided to the personnel or late arrival without communication, may lead to the cancellation of the parking service, without any refunds.
3.11 Com-Media has no responsibility in the organisation of the parking areas, therefore under no circumstances it is responsible for any service cancellation or modification, date or timetable modification or any inconveniences that may occur to the USER. The affiliated PARKING MANAGER is solely responsible for the parking service and everything related to it, and shall inform the customer about the contractual details of the parking service provided.
3.13 The USER acknowledges that Com-Media or the PARKING MANAGER may cancel a booking done on the website www.myparking.it and/or related websites in case the parking provider is not available or cannot fulfill it. In that case, the prepaid booking will be totally refunded on the credit card used or via bank transfer.
3.14 Com-Media may suspend totally or partially the booking service on the website www.myparking.it and/or related websites for technical reasons or to upgrade and improve the service itself.
Art. 4 - Service Delivery
4.1The online payment of the service is accepted by the following methods: a credit card or a prepaid card (Visa, Visa Electron, MasterCard, American Express, PostePay), a PayPal account, Google Pay; Satispay. The payment is made through a virtual EPOS terminal in safe mode with a 128 bit irreversible encryption on the bank website. Com-Media has no access to payment data.
4.2 The USER commits to carefully read and accept these guidelines, as necessary condition for the purchase accordingly to Art. 3 and 4 of decree 185/1999 (distance contracts) and Art. 12 of decree 70/03 (e-commerce).
4.3 Com-Media commits to promptly send per email to the USER the “MyParking Booking Confirmation” with all the useful information and instructions about the service.
4.4 In case of a prepaid booking, the USER may provide their email address during the payment procedure in order to get a transaction confirmation. This notification, however, is to be considered just as “payment confirmation”, and it is not valid as booking confirmation to access the booked car park, as specified on the website www.myparking.it - and/or related websites.
Art. 5 - Limitation of Liability
5.1 Com-Media is not liable for any direct or indirect damages that may occur with any regard to its service. Com-Media commits to collaborate with the competent authorities and to communicate all the necessary data to identify and prevent any Internet related crimes.
5.2 Com-Media acts as intermediary and is therefore liable only within the obligations deriving from its role and within the limits established by current law.
5.3 The USER acknowledges and accepts that the access and the research service are subject to the technical and operational availability of the Internet providers, therefore Com-Media is not responsible for whichever inconvenience, delay or failure of the Internet service that may occur.
5.4 The USER acknowledges and accepts that Com-Media performs its services through the Internet, using electronic communication networks and third party email providers, therefore it is not responsible for whichever failure or inconvenience that may occur. The availability of the Service may be subject to technical limits or interruptions, even without notice.
5.5 The services provided by Com-Media are intended to be performed without implicit nor explicit guarantee of proper functioning or suitability for specific purposes. Com-Media will not be liable for any damages that may be caused by delay, failure, unavailability and/or interruption of the web and communication services, nor for any webpages corruption or loss of the user data inserted.
5.6 Com-Media declines any liability for any damages that may be caused by computer viruses, corrupted files, errors, failures in the electronic communication networks or email providers, software incompatibility, unauthorised access, alterations or data deletion. Therefore Com-Media shall not compensate any consequent damages or losses that may occur to the USER or any subject directly or indirectly related to the USER.
5.7 Com-Media does not guarantee that the service will be provided without any interruption, reliably and error free.
5.8 Com-Media will not be liable for any direct or indirect damages to the vehicle caused by third parties, nor for losses, vandalism and/or carjacking, whether actual or intended, towards both the vehicle and its accessories, luggage or other personal belongings left in the vehicle.
Art. 6 - Booking Cancellation
6.1 Any information regarding the booking cancellation can be found on the website www.myparking.it - and/or related websites - and the USER commits to follow the provided instructions and functionality.
6.2 Only bookings that are to be paid upon arrival can be cancelled also by contacting the PARKING MANAGER on the phone numbers mentioned on the “MyParking Booking Confirmation”.
6.3 Cancellation requests of booking with online payment must be submitted according to the instructions provided in the “HELP” section and are automatically processed.
6.4 The cancellation feature can be used at least 24 hours in advance of the parking start time as mentioned in the booking. Alternatively, cancellation requests can be submitted per email to MyParking Customer Care. However, cancellation requests sent by email will be managed during business hours (from Monday to Friday from 09:00 to 18:00 - except on holidays). Therefore the advance notice is calculated from the moment Com-Media has the possibility to manage the request.
6.5 In compliance with art. 59, paragraph I, letter n of Legislative Decree no. 206 September 6th 2005 (“Consumer Code”), the consumer's recess right, as per art. 52 of the Code itself, does not apply to these terms of use.
Under no circumstances Com-Media shall refund the paid amount for a booking since the parking service is supposed to be carried out on a specific date or period of time.
6.6 If the USER is a private consumer Com-Media shall return the amount of the prepaid cancelled booking as a credit to be used for further bookings with online payment on the website www.myparking.it.
6.7 If the USER is not a private consumer Com-Media shall refund the amount of the prepaid cancelled booking detracting administrative and accounting costs, that correspond to 5% of the booking price, with the minimum amount of 5,00 Euro.
6.8 It is implied that a cancellation request shall not be accepted in the following cases:
- the request has been submitted after the entry date booked;
- the USER has decided to interrupt the parking period or did not show up at the parking (no-show): in such cases the USER shall pay for the whole booked period.
6.9 Making a booking on the website implies the acceptance by the USER of this cancellation and payment policy, as per art. 1.6 mentioned above.
Art. 7 - Compromissory Clause
7.1 Any controversies in understanding and carrying out this agreement may be referred to a conciliator of the Chamber of Commerce of Genoa, who will decide according to the online conciliation procedure, as per decree 70/2003.
7.2 This agreement is entirely governed by Italian Law. Any legal controversy arising out or related to this agreement or the use of the provided Service, will be settled according to the court of the place of residence in case of private users, and exclusively by Genoa Court in case of non private users.
Art. 8 - Data Protection
8.1 Com-Media strictly complies with the provisions of decree 196 of June 30th 2003 on personal data protection and ensures that the processing of the data provided by the USER will be carried out accordingly and based on fairness, lawfulness, transparency and confidentiality.
Art. 9 – Final Provisions
9.1 The USER acknowledges that they have fully read this agreement. By using any services provided by www.myparking.it - and/or related websites or MYPARKING applications, the USER fully accepts these terms of use.
9.2 In some cases, Com-Media may decide not to apply one or more clauses of this agreement. However, it does not imply that Com-Media may apply one or all the clauses of this agreement, if required.
9.3 In case some of the above mentioned clauses are not applicable, the other ones remain effective.
9.4 In case the services have been purchased on behalf of a third person, the acceptance of these terms of use is also intended on behalf of the third person.
9.5 Com-Media reserves the right to amend and/or update these terms of use anytime, if necessary. On the website www.myparking.it and related websites the USER will find the latest version of this agreement or they can ask Com-Media for it. The release date of this agreement is corresponding to the effective date.
9.6 For any information about the website www.myparking.it and related websites, please refer to the “HELP” section to read the Frequently Asked Question (FAQ); or enter a valid booking code in the section "I Have Already Booked" to get direct assistance by phone, or send an email to assistenza@myparking.it.
