Date of publication: [07/10/2024]
ROIG ARENA CAR PARK GENERAL TERMS AND CONDITIONS
Valencia 5 Estrellas S.L. (hereinafter, the “Operator”), with address Calle Bomber Ramon Duart, Núm. 12, 46013, València – (Valencia), and with Tax ID No. B-02.765.733.
With the following contact details:
This document regulates the terms and conditions (hereinafter “General Conditions” or “Conditions”) of the parking contract applicable to the Roig Arena Car Park (hereinafter the “Car Park”), located at Avenida de los Hermanos Marista, 16, D, 46013 (València) and operated by the Operator, under which the Operator undertakes to provide, during opening hours and as a commercial activity, a space in its facilities for the parking of motor vehicles, with the duties of surveillance and custody during the time of occupation; and under which the users of said service (hereinafter the “User” or the “Users”) undertake to pay in exchange a price determined on the basis of the actual time during which the service is provided.
Without prejudice to the joint and several liability of the registered owner of the vehicle in accordance with the provisions of Law 40/2002, of 14 November, regulating vehicle parking contracts; any driver of a vehicle becomes a User when, without any prior agreement or contractual link for its use, they access the Car Park, unless they withdraw within the Consideration Period in accordance with Clause 6.3 of these Conditions, and accept these General Conditions and the other rules of use indicated in the Car Park (hereinafter, the “Rules of Use”).
These General Conditions will be published and fully accessible on the Car Park website (hereinafter the “Website”) and on the Roig Arena app (hereinafter the “App”) so that the User can consult and review them at any time, as well as download and print them, if deemed appropriate. The General Conditions will also be available at the Car Park, where the parking service is provided.
Under all circumstances, the User must be familiar with these General Conditions, which are made available to the User in a clear and easily accessible manner, and the Operator disclaims any liability and/or consequences that may arise from the User’s failure to read or understand these General Conditions.
The General Conditions are available in Spanish, Valencian and English. The Spanish version constitutes the original language version.
Under these General Conditions the User undertakes to:
All objects left inside the vehicle are the sole responsibility of the User.
In case of non-compliance, the User must pay the overnight fee, indicated on the signs in the Car Park, in addition to the amount corresponding to the time during which the User has benefited from the parking services within the opening hours, as calculated in accordance with Clause 6.1.
By virtue of these General Conditions the Operator undertakes to:
Only under those circumstances under which it has not been possible to read the vehicle’s number plate due to a lack of visibility at the time of access, will this information be provided at the entrance to the Car Park in the form of a physical receipt and it will be the User’s obligation to keep it in order to be able to proceed with the payment.
Under all circumstances, non-fixed and removable accessories, such as radio-cassette players and mobile phones, must be removed by the Users, failing which the Operator will not be liable for restitution in accordance with the provisions of Clause 3.2.
The Operator accepts no responsibility for mechanical and/or electrical breakdowns that may occur during the vehicle’s stay in the Car Park. Furthermore, the Operator will not be responsible for the wear and tear of all exterior and interior parts and components of the parked vehicle due to the use of the vehicle.
General rate: 0.05 euros per minute (0.05 €/min).
Special Roig Arena APP rate*: 0.333 euros per minute (0.33 cents per minute).
* This represents a saving of more than 30% compared to the general rate.
Maximum daily rate: €30
Special promotions will be duly indicated on the Website/App or in the Car Park facilities if they exist.
The User may request the issue of a nominative invoice by sending a request to the following email address: info@roigarena.es, providing the tax data requested.
The User, having the status of consumer, may obtain a paper copy of the simple invoice by sending a request to the following email address info@roigarena.es. Upon request, the paper invoice will be made available to the consumer for collection at the Car Park.
The User must pay for the length of their stay calculated in minutes, before leaving the Car Park, at the payment machines installed in the Car Park or through the means of payment available on the Website/App or others that are made available to Users and which refer to these General Conditions.
In order to pay on the Website for the services offered, the User must follow the indications shown on the screen and accept payment by complying with the aforementioned indications.
To make the payment, the User will be redirected to the payment platform, where they will be able to pay securely with their debit or credit card. In order to make the payment, and depending on the payment platform used, the User must first accept the conditions of the payment platform responsible for managing and carrying out the entire payment and collection process for the contracted service, while acting in its capacity as the Operator’s payment provider.
In order to be able to pay for services or products through the App, the User must first download the App and register on it.
Payment on the App for the service or Product contracted by the User is made by credit or debit card or any other means of payment that the Operator may make available to the User in the future. The User must, therefore, provide the data or fill in the form to which they are redirected, depending on the method selected. In order to proceed with the payment, the User must follow all the steps and instructions that appear on the screen, providing the required information.
The User undertakes not to provide false data, including names, addresses and/or contact or payment details; not to engage in any illegal activity in connection with the purchase and not to allow anyone else to do so.
To make the payment, the User will be redirected to the payment platform, where they will be able to pay securely with their debit or credit card. In order to make the payment, and depending on the payment platform used, the User must first accept the conditions of the payment platform responsible for managing and carrying out the entire payment and collection process for the contracted service, while acting in its capacity as the Operator’s payment provider.
The User may withdraw from the Contract simply by leaving the Car Park with their vehicle within the consideration period (hereinafter, the “Consideration Period”), without the need for justification or any further notice or action on their part, and the Contract will have no effect whatsoever between the User and the Operator.
The Consideration Period is the period of time granted by the Operator for the driver, once the vehicle has entered the Car Park, to consider and decide whether to proceed to park or, on the contrary, to leave without becoming a User and therefore without the obligation to pay for the stay. This time will be 5 minutes. The Consideration Period may not be used for any purpose other than (i) searching for a parking space while the vehicle is moving (not stationary, parked or being loaded or unloaded) or (ii) reading the General Conditions and/or Rules of Use so that the User can decide whether or not to use the Car Park.
In the event that a vehicle remains in the Car Park for a period longer than the Consideration Period, even if it is not parked and occupying a marked space but is waiting for a space to become available, it is subject to the payment of the corresponding fee from the moment the vehicle enters the Car Park, as the vehicle will be considered to be using the Car Park.
Outside the Consideration Period, Users, who have the status of consumers, may not exercise the right of withdrawal provided for in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Defence of Consumers and Users Act, in those cases in which, at the time of payment for the service provided, this has already been fully executed, as occurs in all those cases in which payment is made after having enjoyed the parking service.
Without prejudice to the legal rights that correspond to the parties and especially to the User as a consumer; and as expressly provided for in these Conditions; the liability of the Operator will be strictly limited to the purchase price of the parking service.
The Operator will not be liable for any delay or failure (including the failure to return the vehicle and its fixed and inseparable accessories to the condition they were in when they entered the Car Park) to meet any of the obligations undertaken, where this is due to events beyond its reasonable control (“Force Majeure Event”). Force Majeure Events will include any act, event, default, omission or accident beyond the reasonable control of the Operator.
Its obligations will be understood to be suspended for the period during which the Force Majeure Event continues, and the Operator will be granted an extension to the deadline to fulfil such obligations for a period of time equal to the duration of the Force Majeure Event.
The Operator declares that it will use all reasonable means to bring the Force Majeure Event to an end or to find, as soon as possible, a solution that allows the Operator’s obligations to be fulfilled despite the Force Majeure Event.
If you are accessing the Car Park by using the Roig Arena App or any of the apps available for its use, you must consult the privacy policy of these apps. The data processing indicated here only relates to the use of the Car Park.
Data controller: Valencia 5 Estrellas SL (hereinafter, V5E)
Tax ID Code: B-02765733
Address and Postcode: C/ Bomber Ramon Duart, número 12, Valencia, 46013
Contact information: rgpd@roigarena.es
Processing:
Data: number plate, vehicle model, vehicle colour and payment details.
Purpose of the processing:
Legitimation: Execution of the contractual relationship
Storage period: The data will be kept for the period necessary for the indicated purposes.
If the Roig Arena or Valencia Basket Club app is used for parking, deleting the account or deleting the app from the phone will not result in the deletion of the data, to achieve this the right of deletion must be exercised.
Data: number plate, first name, surname, contact details, vehicle model, vehicle colour and payment details.
Purpose of the processing: Management of complaints and requests for information from Customers, in relation to the Operator or other customers.
Legitimacy: Legitimate interest of the Operator in defending, responding to and managing complaints received, as well as in responding to customer requests for information.
Service providers: The Operator’s IT, administrative, accounting and tax management service providers or legal advisors may have access to the Customer’s personal data. Insurance companies may also have access under these circumstances.
Storage period: The data will be kept for the period necessary for the indicated purposes.
If the Roig Arena or Valencia Basket Club app is used for parking, deleting the account or deleting the app from the phone will not result in the deletion of the data, to achieve this the right of deletion must be exercised.
Data: images.
Purpose of the processing: Viewing and recording images of people and vehicles inside and at the entrances to the Car Park for safekeeping and security reasons.
Legitimacy: Legitimate interest of the Operator in maintaining the security of the Car Park, its property and intangible assets, as well as to ensure the safety of the persons on the premises.
Service providers: The Operator’s IT, administrative, accounting and tax management service providers or legal advisors may have access to the Customer’s personal data.
Storage period: A maximum of 30 days from the capture of the image, which may be extended in accordance with current law until the resolution of the proceedings and possible additional periods.
Data recipients:
The communication of personal data to third parties is subject to the appropriate data protection measures and based on an appropriate legal basis. V5E requires that the third parties with which it shares personal data comply with the applicable data protection laws and regulations and implement appropriate data protection and security measures to ensure the privacy and security of the personal data.
In order to fulfil the purposes set out in this Privacy Policy, it is sometimes necessary for third parties to have access to the data. These third parties include, as categorised by their nature:
The Customer may exercise the following rights:
By sending an email to rgpd@roigarena.es.
In the case of minors under 14 years of age, the exercise of these rights must be carried out by the person with parental authority or by guardians.
Deleting the app from your device or deleting your account does not imply the deletion of any personal data that V5E may store on its servers or on the servers of contracted storage service providers. To achieve this, you will have to exercise your right to have your data deleted.
Furthermore, in the event that the processing of your personal data by V5E is based on consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal, which is as easy to give as it is to withdraw.
You also have the right to lodge a complaint with the Spanish Data Protection Agency if you believe that we have infringed your rights (www.aepd.es).
Existence of automated decisions or profiling and information on the use of artificial intelligence
V5E will not implement automated decisions or profiling within the meaning of the General Data Protection Regulation (GDPR).
Security measures applied to your personal data
V5E is committed to implementing and maintaining appropriate technical and organisational security measures to protect personal data against destruction, loss, alteration, unauthorised disclosure or unauthorised access.
These security measures include, among others, restricting access to personal data, implementing strong password policies, performing backups and conducting regular security assessments. In addition, training and awareness-raising is provided to our staff in relation to personal data protection and information security.
However, we cannot guarantee that the personal data is completely secure and we disclaim any liability for any security breach that may occur, without prejudice to our compliance with our legal obligations regarding data breaches.
International data transfers
V5E does not carry out transfers of personal data that, after transfer, are or will be processed in a third country or by an international organisation, and it complies with and implements the guarantees set out in the legislation in force to ensure that said guarantees are in line with the rights of the data subjects, provided they are carried out.
The Contract is formalised between the Operator and the User, who by keeping their vehicle inside the Car Park for longer than the Consideration Period, (i) gives their consent and fully accepts the terms of these General Conditions and that they are subject to the application of Law 40/2002 regulating vehicle parking contracts and (ii) declares that they are aware that the number plate, front and rear of their vehicle will remain registered in the Operator’s computer systems, until such data are no longer necessary for the purpose for which they were collected.
These General Conditions are applicable as from their publication and have an indefinite duration.
The Operator reserves the right to unilaterally modify these General Conditions, as well as any other applicable conditions, at any time. All modifications will be published. The User will be bound by the version of this document published at the time when the barrier was opened following the reading of the number plate of their vehicle.
These General Conditions, as well as the Rules of Use, the Legal Notice and the Privacy Policy constitute the entire agreement between the parties.
The declaration of nullity or invalidity of any stipulation contained in the General Conditions will not affect the validity and effectiveness of the other clauses.
These General Conditions are governed by Spanish law. Any dispute that may arise from the provision of the service, or for any other reason arising from the application and/or interpretation of the General Conditions, will be expressly submitted to the Courts and Tribunals of the city of Valencia, expressly waiving any other jurisdiction that may correspond, except in those cases in which the contrary is legally established.
For any complaint, the User may contact the Operator by sending an email to info@roigarena.es .
Furthermore, consumers can send their complaint to the “Dispute Resolution Platform” established by the European Commission, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/
