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Terms

Terms and Conditions

NextPark Portal Terms and Conditions

I. General Provisions

  1. These terms and conditions, hereinafter referred to as the "Regulations", define the rules for using the website located at URL https://nextpark.uk, hereinafter referred to as the "Portal".
  2. The Portal is operated by SmartPark Solutions Sp. z o.o. with its registered office at: 02-672 Warsaw, ul. Domaniewska 47/10, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS number 0000867153, with NIP 5213911567, hereinafter referred to as the "Administrator".
  3. Portal address and contact details: website - https://nextpark.uk, email – contact@nextpark.io , phone - +48 222 662 439.
  4. Every person should familiarize themselves with these Regulations before using the Portal.
  5. Using the Portal services requires the User to have an active and functional email account.
  6. These Regulations define the rights and obligations of Users as well as the rights and obligations of the Portal Administrator as the entity managing and operating https://nextpark.uk.
  7. Users are obligated to respect intellectual property rights and rights resulting from the registration of inventions, patents, trademarks, utility models, and industrial designs.
  8. Each User has the possibility to read, download the content of these Regulations to their device, and print them.
  9. Information regarding the scope of personal data processing by the Portal ("Privacy Policy") and the scope of cookies usage ("Cookies Policy") can be found at URL https://nextpark.pl/pl/politykaprywatnosci.

II. Definitions

  1. User – any individual who has full legal capacity (only individuals over 18 years of age) using the functionality of the Portal via the Internet.
  2. Operator – an individual, legal entity, or organizational unit without legal personality, conducting business or professional activity of providing parking spaces, who cooperates with the Portal.
  3. Consumer – an individual performing a legal action not directly related to their business or professional activity.
  4. Entrepreneur – an individual, legal entity, or organizational unit without legal personality, performing a legal action on their own behalf as part of their business or professional activity, including purchases in the Shop for purposes directly related to their business.
  5. Entrepreneur–Consumer – an individual making purchases in the Shop for purposes directly related to their business, where the use of the Shop and the purchases do not constitute a professional character related to the subject of the business.
  6. Registration – voluntary submission of data by the User by filling out a form available on the Portal.
  7. Simplified Registration – data voluntarily provided by the User, retrieved with their consent from a third-party service, such as facebook.com.
  8. Third-Party Service – a website where the User previously registered, consenting to the transfer of data to the Portal for registration and service usage.
  9. Cookies – short text files containing data used to browse the Portal content, stored on the User's device.

III. Scope of Services Provided by Operators on the Portal

  1. Through the Portal, the Operator can sell their services, and the User can:
    • find information about the Operator’s services;
    • make a reservation for the Operator’s service;
    • make an online payment for services provided by the Operator.
  2. The agreement resulting from the User's purchase of the service, as mentioned above in point III.1, a) - reservation of a parking space (hereinafter referred to as: "Services") is concluded directly between the User and the Operator. The Portal is not a party to this agreement.
  3. The Operator, within the Profile on the Portal, is obligated to inform the User, who is a Consumer, about the details of the services provided, including the right to file a complaint and the possibility or impossibility of withdrawal from the service performance, as well as any other obligations of the Operator towards the Consumer arising from the Consumer Rights Act.
  4. The User makes a purchase of the Operator's Service on the Portal as follows:
    • provide data in the registration form, and then log in;
    • select the service by choosing the location, relevant dates, and parking times;
    • select additional services within the service;
    • choose a payment method;
    • confirm the order by clicking the "Book" button;
    • send the service purchase confirmation to the User’s email address.
  5. Before sending the binding purchase of the service, the User has the opportunity to review and correct the data entered.
  6. The agreement is concluded only when the User sends the order by clicking the "Book" button on the finalization page after the ordered services have been selected in the Portal.
  7. The User can contact the Operator using the contact details provided by the Operator or shared by the Administrator on the Portal.
  8. The Operator is obliged to perform the Service for the User according to the details provided in the Reservation.
  9. The User who made the purchase of the service declares that they are an adult.
  10. Payment methods for Services are determined by the Administrator.
  11. Apart from the charges and additional costs specified in the Reservation confirmation, the Operator will not charge the User any additional fee.

IV. Prices and Payments

  1. Service prices are provided by the Operator in Polish zlotys or local currencies for foreign parking services and include VAT.
  2. The final price, binding for both the Operator and the User, is the price stated on the Portal at the time the User places the order.
  3. Information about the total order value is provided upon selecting the "Book" option.
  4. Payment for the purchased reservation is made:
    • via online payment system;
    • payment cards:
      • Visa
      • Visa Electron
      • Mastercard
      • MasterCard Electronic
      • Maestro
    • payment upon arrival at the parking lot at the Operator.
  5. The User is required to provide accurate data for the financial document confirming the sale.
  6. The order fulfillment time is counted from the moment the payment authorization is received.
  7. Reservation details are available on the website https://nextpark.uk after logging in or entering the reservation number and email address.
  8. The entity responsible for handling online payments with card payments is Blue Media S.A.

V. Complaint Procedure Regarding the Portal’s Operation

  1. The User has the ability to submit any complaints regarding disruptions in the Portal’s operation by sending an email to the provided email address on the website https://nextpark.uk, including:
    • User’s contact information;
    • type of service related to the disruption;
    • type of malfunction;
    • time forming the basis for the complaint;
    • the User’s complaints;
    • circumstances justifying the complaint;
    • possible way of removing the alleged violation.
  2. The Portal will review complaints within 14 days from the time of submission, indicating whether the complaint is accepted and how it will be resolved or informing about the lack of grounds for the complaint with justification.
  3. The response regarding the complaint will be sent to the User’s provided email address.
  4. If the complaint is accepted, the Portal will immediately take action to implement its contents.

VI. Withdrawal from Services Regarding the Use of the Portal

  1. A registered User can withdraw from the electronic services agreement related to the use of the Portal with immediate effect, no later than 24 hours before the scheduled service start time.
  2. The withdrawal statement should be made using the "Cancel Reservation" button available after logging into the Client Panel on the website https://nextpark.uk/. The withdrawal statement can also be submitted by email, sent from the address provided in the User's Account.
  3. The Administrator may immediately terminate the electronic services agreement with a registered User if:
    • The User has not updated their registration data promptly;
    • The User posts unlawful content on the Portal;
    • The User sends unsolicited commercial information.

VII. Technical Conditions for Using the Portal

  1. To use the Portal, the User should have:
    • a device capable of transmitting teleinformatic data;
    • access to the Internet;
    • an email address.
  2. The Portal collects information contained in cookies, which are text files containing the device identifier used by the User.
  3. The User decides on the use of cookies. Internet browsers often have settings that automatically allow these files to be installed on the User’s device, but they can be changed at any time.
  4. The Portal informs that disabling the use of cookies by the User may affect the functionality available on the Portal.

VIII. Registration

  1. Registration on the Portal for Users is free of charge.
  2. To create an "Account", the User registers by providing their first and last name, email, and phone number.
  3. After completing the form, the User is required to accept these terms and conditions.
  4. An activation link will be sent to the email address provided in the form. If the activation link is not received, the User may contact the Portal, which will immediately provide all necessary information. After clicking the activation link, the User will set their password for the Account.
  5. By accepting the terms and conditions, the User makes the following declaration:
    • I voluntarily joined the Portal's services;
    • I have read the Terms and Conditions;
    • the data provided in the form is true.
  6. The Operator registers by:
    • signing an Agreement with the Administrator;
    • reading and accepting the Terms and Conditions;
    • receiving a password from the Administrator after successful verification of the Operator's business.
  7. The password for the Operator’s Portal account should be assigned and sent to the email address provided by the Operator (which will be the login) by the Administrator after the account has been accepted and provided in the Administrator's Panel. The password should be changeable in the Operator's Panel.
  8. The password entered when logging into the Portal may consist of letters, numbers, and special characters. The password is unique for each user. The password can be changed on the https://flypark.io website by providing the email address and using the "Recover Password" button.
  9. When browsing the Portal's content, registration is not mandatory.

IX. Simplified Registration

  1. The User can register via third-party services.
  2. Registration via Facebook is possible by selecting the "Facebook" button on the Portal's website.
  3. After completing the simplified registration, including reviewing the terms and conditions and consenting to the Portal’s application retrieving data from the third-party service, the Administrator will receive the following information:
    • public profile;
    • email address;
    • date of birth.
  4. The Portal’s application will have the ability to send notifications to the User's account on the third-party service.
  5. A User registered via simplified registration has the same rights and obligations as a User registered via the form on the Portal's website.
  6. By registering via third-party services, the User is redirected to https://nextpark.uk/ to use the Portal's services.
  7. The User, during registration on https://nextpark.uk/, clicking the third-party service tab, will be automatically logged into the Portal.

X. Rights and Obligations of the User

  1. The User is obliged to complete all actions related to the purchased service.
  2. The User is responsible for not fulfilling obligations to the Operator.
  3. A Consumer who has concluded a distance contract or a contract outside the business premises has the right to withdraw from it without providing a reason within 14 days.
  4. It is prohibited for the User to post opinions on the Portal that:
    • contain unlawful content;
    • are defamatory or libelous, contain threats or obscene or inappropriate content;
    • are false or misleading;
    • infringe the rights of third parties;
    • disseminate spam;
    • contain links or advertisements;
    • contain viruses or other technologies harmful to the Portal and Users.
  5. A User or any person aware of legal violations can report them by sending a message specifying the type of violation and the entity that committed it.
  6. The User may not share account login credentials with third parties.
  7. A User using the Portal agrees to comply with the copyright and intellectual property laws related to the registered inventions, patents, trademarks, utility models, and industrial designs of other Users (Graphic Designers/Creators) and the Portal.
  8. The User may not copy, modify, or distribute content, photos, logos, works without the prior consent of the rightful owner.
  9. Violations of the rules can be reported by sending an email to: hello@nextpark.uk.
  10. Actions that egregiously violate the Terms and Conditions or the applicable law are prohibited on the Portal.

XI. Rights and Obligations of the Operator

  1. After signing the Agreement with the Administrator and receiving the login password from the Administrator, the Operator can:
    • define the subject of service provision, i.e., Services;
    • set the price for the Service;
    • click the "Add" tab to add the Service to the Portal's sales after the Administrator has approved the offer.
  2. The Operator is obliged to inform the User, who is a Consumer or Entrepreneur-Consumer, about the details of the services provided, including the right to file a complaint and the possibility or impossibility of withdrawal from the service performance, as well as other obligations of the Operator towards the Consumer, as stipulated by the Consumer Rights Act.
  3. If the Operator cancels a service, the User is entitled to direct all claims arising from the service cancellation to the Operator, including claims related to refunds for costs incurred.
  4. The Operator places photos, logos, and content on the Portal, granting the Administrator a license to publish and distribute them for the purposes of implementing the Agreement, Terms and Conditions, and for marketing purposes.
  5. The Operator declares that they are entitled to grant licenses, sublicenses for intellectual property rights of materials provided to the Portal.
  6. Upon signing the Agreement, the Operator has the right to perform all binding actions necessary to execute the agreement based on the information provided to the Portal.
  7. If the Operator loses the right to represent or is unable to fulfill the obligation, they must promptly inform the Portal.
  8. The Administrator may immediately terminate the electronic services agreement with the Operator if:
    • The Operator fails to promptly update their registration data after changes;
    • The Operator cancels Services without cause;
    • The Operator posts unlawful or false content on the Portal;
    • The Operator sends unsolicited commercial information;
    • The Operator egregiously or persistently violates the Terms and Conditions or the Cooperation Agreement or engages in activities inconsistent with the Portal's goals.

XII. Rights and Obligations of the Administrator

  1. The Administrator ensures the proper functioning of the Portal.
  2. The Administrator reserves the right to block the User's/Operator’s account if:
    • the terms of the agreement and the Terms and Conditions are violated;
    • actions are taken to the detriment of another User, Operator, or the Portal;
    • false data is provided;
    • obligations resulting from a reservation made by the User are not fulfilled or are poorly fulfilled for reasons other than force majeure.
  3. The Administrator reserves the right to cancel a reservation made on the Portal, especially in the case of:
    • technical error;
    • false information provided by the Operator;
    • no available space at the selected parking lot.
  4. The Administrator is not responsible for:
    • the content and information provided by Operators, particularly their truthfulness, current status, or reliability;
    • actions of unauthorized third parties to whom the User/Operator has provided account access credentials;
    • mutual obligations of Users and Operators related to the purchase of services;
    • the warranty/guarantee provided by the Operator;
    • complaints and claims from Users regarding the service provided by the Operator and verification of the truthfulness of the information, conditions, prices provided by the Operator;
    • any damages resulting from the cessation of services or deletion of the User's account if it was caused by the User or due to a violation of the law or the Terms and Conditions.

XIII. Principles of Personal Data Processing

  1. The Users are informed that the administrator of personal data collected during service provision is SmartPark Solutions Sp. z o.o.
  2. The Administrator commits to secure data storage.
  3. Personal data and information provided in the registration form or email will be used by the Administrator to properly carry out the Portal’s objectives.
  4. The User has the right to access and modify their personal data at any time, as well as to have them immediately deleted upon request.
  5. The Administrator commits to using technical and organizational measures to protect the data, particularly by securing it against disclosure to unauthorized persons.
  6. Sending information for the purpose of direct marketing of the Administrator’s own services is only possible after obtaining the User’s consent. The consent to process data for the above-mentioned purpose is voluntary and may be withdrawn at any time.

XVII. Final Provisions

  1. The Terms and Conditions are available at: https://nextpark.pl/pl/regulamin.
  2. If the User is a Consumer, information about the possibility of using extrajudicial ways of handling complaints and claims, as well as the rules for accessing these procedures, are available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Offices, and at the following websites of the Office for Competition and Consumer Protection:
  3. A Consumer has the following options for using extrajudicial methods of resolving complaints and claims:
    • Permanent consumer arbitration court at the Trade Inspection – possibility to request dispute resolution under the Sale Agreement;
    • Provincial Trade Inspector – possibility to initiate mediation in the case of peaceful dispute resolution until the dispute ends between the Customer and the store;
    • District (municipal) consumer advocate or social organization, including the Consumer Federation, Polish Consumers Association. Advice is provided by the Consumer Federation at the free consumer helpline number 800 007 707 and by the Polish Consumers Association via email at porady@dlakonsumentow.pl;
    • Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
  4. If the User is an Entrepreneur, any disputes arising from the Terms and Conditions or the sale agreements will be resolved first amicably through negotiations or mediation, and in case of failure, by the Common Court having jurisdiction over the Administrator’s registered office.

Annex 1

Withdrawal Form Example

……………….. …………..
(town) (date) ................................ Consumer's name(s) ................................ Consumer's address
Correspondence address –
ul. ……………………, …- ……… ……...
WITHDRAWAL FROM THE CONTRACT
I, the undersigned, hereby inform you of my withdrawal from the contract concluded on [date] for the provision of the service for using the Portal ………………………….. available in the domain …....................
.......................................................... Date and signature

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