In these conditions the following are understood to mean:
1CMR: Convention on the Contract for the International Carriage of Goods by Road (Geneva 1956), as supplemented by the protocol of 1978.
2. Parking Agreement: the agreement in which the depository, Seguro Parking, referred to as “Seguro Parking” from article 1 is a company of Seguro Storage SL established in Balsicas, Calle Mar del Norte, 18A undertakes to place in parking the Car entrusted to him by the depositor, referred to as “the Client” from article 1.
3. Parking: the storing, keeping and release of the Car entrusted to Seguro Parking.
4. Proof of parking: A bill of carriage or any other document on which is stated the date of receipt of which Seguro Parking is informed in writing by the Client upon commencement of the parking agreement and any other matters that the Client and Seguro Parking think necessary. The absence of, irregularities in or the loss of the proof of parking does not affect the applicability of these conditions.
5. Depositor, the Client: the one who commissions the parking of the Car.
6. The Car: the vehicle the Client is giving into parking with Seguro Parking and by Seguro Parking is accepted as such.
7. Depository, Seguro Storage SL, Seguro Parking: the one who accepts and carries out the commission to store the Car.
8. Collection: the moment that Seguro Parking collects the Car from the agreed location and transfers it to the parking space.
9. Receipt: the moment that Seguro Parking accepts the Car.
10. Delivery: the moment that Seguro Parking transfers the Car to the Client at the agreed location.
11. Work after acceptance: work carried out by Seguro Parking after receipt in order to park the Car in the space intended for this purpose.
12. Work prior to release: work carried out by Seguro Parking in order to be able to release the Car to the Client.
13. Acts of God: circumstances which Seguro Parking, despite showing due care has been unable to avoid and the extent to which Seguro Parking was unable to prevent the consequences of this.
14. Working days: all calendar days, as well as generally recognised national holidays.
15. Operational area: Spain
Article 1. Tax scope
1.1 The General Conditions of Delivery for Car-parking apply insofar that they are not in conflict with mandatory law.
1.2 As far as not mentioned in the General Conditions for Car-parking, are for Car-parking the following establishments applied: : el Código de comercio de 1889, el Código Civil, el Titulo XI accoring Parking, and in el ORDEN of 25th april 1997 according to the general conditions of transportation (modified OM FOM/3947/2005, 9-12) (BOE 7-5).
Article 2. Rent, Rent Adjustments and Guarantee
2.1 The rent mentioned in articles A and C of the Car-parking agreement will remain unchanged for the period of weeks or months mentioned in the Car-parking agreement.
2.2 Seguro Parking is not entitled to adjust the rent unilaterally during the term falling due of the agreement.
2.3 Repayment of the rent or expenses is not possible under any circumstances.
Article 3. Obligations of Seguro Parking
3.1 Seguro Parking is obliged to accept the Car at the agreed place, time and manner, accompanied by the necessary documents in advance provided by the Client, and to carry out the necessary work to release the Car in the same condition as they were received in or in the agreed condition.
3.2 Seguro Parking is obliged:
I. To return a signed copy of the proof of parking to the Client upon receipt of the Car and the proof of parking.
II. To check the external condition of the Car, in the event of defects, to record these on the proof of parking upon receipt of the Car. These obligations do not apply when, in the opinion of Seguro Parking, such work would substantially delay receipt.
III. To seek advice from the Client before accepting the Car that have noticeable external damaged. If advice cannot be given in good time, Seguro Parking is entitled to refuse to take receipt of the car. Seguro Parking is likewise entitled to refuse to take receipt of the Car if it, insofar as it is applicable, is damaged or of inferior quality, different than was agreed upon before.
IV. The proof of parking provides proof, except for proof to the contrary, of the parking agreement conditions and the parties in the agreement, of receipt of the Car in satisfactory external condition. If Seguro Parking does not have reasonable means at its disposal to check the accuracy of the records referred to in article 3.2 sub ll of this article, proof of parking is not accepted as proof of the records.
3.3 Seguro Parking is obliged to designate one or more contact persons and to inform the Client of this in writing.
3.4 Seguro Parking is obliged to provide the parking in the agreed parking space(s). If no specific space has been agreed Seguro Parking will store the Car in a parking space suitable for this purpose.
3.5 Seguro Parking is obliged to inform the Client should it be necessary to remove the Car, if different than agreed upon before. Seguro Parking is entitled to move the Car to a different parking space suitable for this purpose, insofar as this is necessary within the context of its operational management.
3.6 Seguro Parking is obliged to insure its legal liability as well as its liabilities arising from General Conditions of Delivery, with a reputable insurer and to provide a copy of the policy upon the Client’s request.
3.7 Having had the required cover specified, Seguro Parking is obliged to insure the transportation the Car with a reputable insurer and to provide a copy of the policy upon the Client’s written request, and at the Client’s expense, only if transportation of the Car is not covered by the insurance of the Client.
3.8 Seguro Parking is obliged to provide the Client and those persons designated by the Client, access to the parking spaces where the Car is being stored, on their own risk, on the condition that:
3.9 Seguro Parking is obliged to be responsible for the materials that it uses in complying with the parking agreement.
Seguro Parking is obliged to maintain confidentiality as regards third parties concerning facts and information of which it is aware due to the parking agreement.
3.10 Seguro Parking is obliged to produce the Car only after being ordered to do so by Client. Seguro Parking may only release the Car to the person designated for this purpose in the Client’s orders.
3.11 Seguro Parking is responsible for the Car during the transportation from the location of collection to the parking space and back to the location of delivery. Fines and penalties laid on by authorities are the full responsibility of Seguro Parking.
3.12 Seguro Parking is obliged to keep in their file a copy of the original registration certificates of the Car, as proof that the Client is the owner of the Car.
Article 4. Liabilities of Seguro Parking
4.1 If the Car accepted is not delivered in the same, or the agreed condition, Seguro Parking is responsible for the material damage caused, with the exception of Acts of God and other additional circumstances specified in these conditions. The burden of proof of the material damage rests with the Client.
4.2 Seguro Parking is not responsible for damage to the Car, insofar as this damage is the result of the particular risks related to parking in the open air, as ordered by the Client. Specifically Seguro Parking is not liable for damage to windscreens or dropping out of the glass of wing mirrors, since those events are always caused by influences of heat and cold that either increase existing (small) damages or reduce the life cicle of those parts. Also missing wheel trims can not be claimed on account of Seguro Parking, because there is no way Seguro Parking will be able to retrospectively inspect possible (and already existing) disfunctions or any damage of the mounting system of a missing wheel trim. Also, Seguro Parking is not liable for damages of the interior that can be related to wear and tear, specifically moving parts that are used relatively frequent like door handles, internal door locks, window switches, gear stick knobs, indicator switches, light switches of cars older than 5 (five) years.
4.3 Seguro Parking is not responsible for the damage resulting from failure to comply with the obligations by which it is bound by reason of article 4.1, insofar as this failure to comply is the result of the particular risks relating to one or more of the following circumstances:
I. handling, loading, packing or unloading of the Car by the Client or persons operating on behalf of the Client;
II. the nature of the Car as such, that due to reasons related to its nature, suffer total or partial loss or to damage, especially due to ignition, explosion, melting, breakage, corrosion, decay, drying out, leakage, normal loss of quality, or the actions of vermin or rodents;
III. heat, cold and changes in temperature or humidity, only if it has not been agreed that the parking will be provided in a space specially equipped to protect the car from these influences.
4.4 When Seguro Parking shows that, given the circumstances of the incident, failure to comply with the obligations was possibly the result of one or more particular risks as mentioned in 4.3, it will be accepted that the failure to comply was a result of this
4.5 If parking takes place in a space specially equipped space to protect the car from the influences of heat, cold and changes in temperature or humidity, in accordance with that which has been agreed between the parties, Seguro Parking can refer to article 3.3 in order to release itself from the liability if it proves that all measures that it was obliged to take as regards to the choice, maintenance and use of these facilities, taking into consideration the circumstances, have been taken.
4.6 The liability of Seguro Parking for the material damage referred to in article 4.1 takes the form of compensation based on the current market value of the Car per incident or series of incidents with one and the same cause of damage.
4.7 An act or omission by whoever, except for Seguro Parking itself, done with the intention of causing damage, either reckless or in the knowledge that damage would probably be caused, does not deprive Seguro Parking of its right to appeal for exclusion or limitation of its liability.
4.8 If Seguro Parking does not provide the parking at the agreed time or within the agreed period, manner and place, Seguro Parking is, without prejudice to that which is specified in 4.1, still obliged to carry out the activities as quickly as possible and at no extra cost to the Client, in the agreed manner. When the Client incurs additional costs in connection with the fact that Seguro Parking failed to provide parking in the agreed manner, time and place, Seguro Parking is responsible for these costs up to an amount agreed when entering into the parking agreement. If such an amount has not been agreed, the liability of Seguro Parking for these costs will be a maximum of € 681 per incident.
4.9 If Seguro Parking repeatedly fails to fulfil its obligations the Client can, without prejudice to his entitlement to compensation for damages as described in article 4.1, 4.2, 4.3 and 4.4, cancel the parking agreement, after proposing a final period in writing to Seguro Parking and Seguro Parking has still failed to fulfil its obligations when the period has expired. Seguro Parking is liable to pay a maximum amount of compensation as agreed when entering into the parking agreement for damages arising from the termination of this agreement. If no amount has been agreed, the amount of compensation will be that deemed as reasonable according to the law, custom, or reasonableness.
Article 5. Obligations of the Client
5.1 The Client is obliged to provide Seguro Parking in good time with all the documents (the registration certificate, technical inspection, proof of paid insurance premium) relating to the Car and its handling of which he is, or should be, capable of, and of which he realises, or should realise their importance to Seguro Parking, unless he can assume that Seguro Parking knows or should know this information. The Client is responsible for the accuracy of the information that he provides. By providing the documents and signing the agreement, the Client declares to be the owner of the Car.
5.2 The Client is obliged to make available the agreed Car at the agreed place, time and in the correct manner, accompanied by the documentation required from the Client under the law (the registration certificate, technical inspection, proof of paid insurance premium) and any further necessary documentation to Seguro Parking.
5.3 The Client is obliged to designate one or more contact persons and to inform Seguro Parking of this in writing.
5.4 The Client is obliged to reimburse the costs incurred by Seguro Parking as referred to in article 3.6 in addition to the agreed costs of parking, within the set payment period, as described in article 8.1.
5.5 The Client is obliged to indemnify Seguro Parking against claims by third parties for damage; caused by an action or omission by the Client, his subordinates, as well as all other persons whose services the Client uses.
5.6 The Client is obliged to be responsible for materials that he makes available to Seguro Parking.
5.7 The Client is not permitted to offer goods for parking (left behind in the Car) with Seguro Parking that are:
5.8 Without prejudice to that which is specified in article 5.7, the Client is not permitted to leave in the Car the following specified goods or products:
Hazardous substances or preparations that in accordance with RD 363/1995, 10th march, such as:
Explosive substances and preparations, such as aerosol cans (including air fresheners, hair spray, car paint, varnish and car windscreen de-icer); sprays and (liquid) gases such as LPG, hydrogen, acetylene, propane and butane; fireworks;
Oxidizing substances and preparations such as hydrogen and other peroxides, chlorates, strong saltpetre and perichloric acids;
(Highly) flammable substances and preparations such as paraffin, petrol, methylated spirits, turpentine, white spirit, acetone, paint, window de-icer, air fresheners, contact and neoprene adhesive. Except from the normal
fuel and engine liquids. Those are permitted.
(Highly) toxic substances and preparations such as methanol, stain removers, pesticides;
Harmful substances and preparations, such as cleaning products, paint thinners, wood preservatives, paint removers;
Corrosive substances and preparations such as agents for unblocking waste pipes, decalcifiers, corrosive soda, strong acids, cleaning products such as oven and wc cleaners;
Irritant substances and preparations;
Sensitizing substances and preparations;
Carcinogenic substances and preparations;
Mutagenic substances and preparations;
Substances and preparations toxic to reproduction;
Environmentally hazardous substances and preparations such as CFCs, PCBs and PCTs; pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper;
Pest and herbicides
Hazardous substances can usually be recognised by the symbols given below *:
1. Explosive/risk of explosion; 2. Flammable, flammable product; 3. Oxidising, facilitates the ignition of another product; 4. Xn/Xi harmful/irritant, harmful or irritant (including genetically harmful substances); 5. Caustic/corrosive affects the skin of materials; 6. Environmentally hazardous, a danger to the environment; 7. Toxic, dangerous product that can be deadly.
5.9 The Client is obliged to inform Seguro Parking as quickly as possible of any change of address. It is sufficient for Seguro Parking to send all notifications to the Client, which are obligatory on the basis of the parking agreement, to the last known address.
5.10 The Client is obliged to provide Seguro Parking with written authorisation for the release of Car which expressly state who the Car has to be released to.
5.11 The Client is obliged upon receipt of the Car to provide Seguro Parking with a signed bill of carriage or other document which shows that the Car has been released.
5.12 If the Car is released by Seguro Parking with visible external damage or loss, without the Client making a written reservation, in which the general nature of the damage or loss is given, on the proof of release, at the time of, or subsequent to, acceptance of the Car, Seguro Parking will be considered to have released the Car in the same condition as they were received.
5.13 If the damage or loss is not outwardly noticeable and the Client does not bring this to the attention of the depository by written reservation stating the general nature of the damage or loss within 24 hours of receipt of the Car, Seguro Parking will be considered to have released the Car in the same condition as they were received.
5.14 The Client is obliged to maintain confidentiality as regards third parties concerning facts and information, of which he is aware because of the parking agreement.
Article 6. Client Liability
6.1 The Client is responsible for all damage resulting from incorrect or incomplete reports relating to the Car and its treatment.
6.1.1 In signing the Parking Agreement the Client declares in advance that he delivered the Car to Seguro Parking undamaged or with the damages as described on appendix 1 (to be provided by Seguro Parking).
6.3 If between the signing of the agreement and the collection of the Car by Seguro Parking, Seguro Parking discovers any damage on the Car, which has not been reported by the Client, Seguro Parking is entitled to end the agreement immediately. In this case Seguro Parking will try to get in touch with the Client as quickly as possible.
6.4 The Client is responsible for all damage caused by persons or goods that Seguro Parking, in accordance with article 3.9 of these conditions, has had to allow on its site on behalf of the Client.
6.5 If the Client omits to designate one or more contact persons as referred to in article 5.3 of these conditions, the person who signed the parking agreement on behalf of the Client will be regarded as the contact person.
6.6 The Client is not liable for damage resulting from information and orders, issued by or to other persons than those referred to in article 5.3 or article 6.3 of these conditions.
6.7 If the Client does not provide reports concerning the Car and its handling as referred to in article 6.1 of these conditions in good time, or fails to make the Car available at the agreed time or within the agreed period, correct manner and place, accompanied by the required documentation as referred to in article 5.2 of these conditions, he is still obliged to carry out these activities as quickly as possible, free of charge and in the agreed manner for Seguro Parking. When Seguro Parking has incurred additional costs due to the fact that the Client has failed to fulfil his obligations as referred to in article 5.1 and 5.2 of these conditions, the Client will be fully liable for these costs.
6.8 If the Client, having been given notice of default by Seguro Parking as is fitting and necessary, fails to comply with the provisions contained in the agreement and/or these General Conditions of Delivery, the Client will be liable for the immediate forfeit of a penalty to Seguro Parking of Euro 250.- per day for each day that the Client is negligent. The right of Seguro Parking to full compensation remains unaffected by this. In applying article 1.4 of these General Conditions of Delivery the penalty referred to in article 6.6 will not be applied for the same default.
6.9 If there occurs a change in the flight schedule of the Client of a kind that it will change the agreed schedule of your car delivery more than a day it will be the liability of the Client to notify Seguro Parking 24 hours prior to the agreed time of delivery, to prevent any extra costs caused by and related to changes in flight schedules or times of arrival. Without a proper notification Seguro Parking is not responsible for any extra costs, caused by and related to changes in flight schedules or times of arrival. A proper notification has to be given by telephone (0034-648217474 or 622062115) or by sending a text-message to the same number, containing the necessary information Seguro Parking needs to expose an adequate service.
6.10 Delivery of the car by Seguro Parking to the Client on request of the Client after 24:00 (due to excessive delay) will be charged €10,00 per hour extra.
Article 7. Withdrawal of the Car and termination of the agreement
7.1 The Client can always demand release of the Car upon payment of the agreed compensation and other costs as referred to in article 5.4 of these conditions.
7.2 If the Client wants (early) release of the Car, the Client will allow Seguro Parking a reasonable period in which to release the Car.
7.3 Seguro Parking can, in addition to that which is specified in article 6.6 of these conditions, demand the withdrawal of the Car if it cannot reasonably be expected that parking be continued. Seguro Parking will allow the Client a reasonable period in which to withdraw the Car.
7.4 When the Client fails to withdraw the Car within the agreed period, Seguro Parking is entitled to cancel the agreement concerning the Car. That which is specified in articles 5.10 and 6.6 of these conditions is correspondingly applicable concerning the Car.
7.5 Insofar as Seguro Parking requires withdrawal of the Car by the Client on the basis of 7.3 of this article, before the agreed parking period has expired, any amounts payable by the Client will be charged proportionally if the reason for the termination of the parking can be attributed to the depositary. If, however, the reason for termination of the parking can be attributed to the Client, then the client is liable to pay the agreed compensation and other costs as referred to in article 5.4 of these conditions.
7.6 As security for the satisfactory fulfilment of his obligations arising from this parking agreement the Client does not have to pay Seguro Parking a deposit. Seguro Parking will be entitled to keep the car in parking in relation to the Client’s failure to satisfactorily fulfil his obligations of the above mentioned, without being obliged to do so. Until the Client has fulfilled his obligations. If Seguro Parking has to provide longer parking because of the above mentioned, the Client has the obligation to pay for the extra costs.
Article 8. Payment conditions
8.1 Payment should be made in Euros in cash to an employee of Seguro Parking, in Euros with a credit card to an employee of Seguro Parking or in Euros by a bank transfer to an account of Seguro Storage SL. When Car-parking space is being rented for a period of time between 1 day and 6 weeks this should be done before the delivery of the Car to the client at the airport, unless something to the contrary has been expressly agreed in writing. In other words: before the first collection of the Car. When Car-parking space is being rented for a period of time longer than 6 weeks this should be done before the collection of the Car at the airport. In these cases the payment for our service should be done in advance. Either in cash to one of our employees at the airport or by bank transfer. If the payment has not been effected at the moment of collection of the Car, Seguro Parking will not collect the Car until the payment is effected. Extra costs for the procedures of collection on a later moment, caused by payment problems, are the liability of the Client. Paying by bank or Post Office Giro the day on which the Seguro Parking bank account is credited will count as the day of payment. All other amounts payable by Seguro Parking and the Client, for whatever reason, will be paid, with regard to the agreed period or in the absence of an agreed period within fourteen days the date of invoice.
8.2 If the Client is negligent and remains so in complying with any obligation to which he is subject in accordance with the law, local bye-laws, customs, the agreement and/or these General Conditions of Delivery, Seguro Parking is entitled to cancel the agreement and/or to demand the (extra)judicial annulment of the agreement and to require full compensation. The Client is furthermore obliged to pay the statutory interest on the amounts due the basis of 1101, 1108 and 1109 of the Código Civil from the day on which these payments were due up to the day of payment.
8.3 Both Seguro Parking and the Client are mutually entitled to claim all necessary extrajudicial and judicial costs incurred in collecting the sums due, as stated in clause 1 of this article. The extrajudicial collection costs are due from the moment that the Client or Seguro Parking is in default and the demand for collection has been sent.
8.4 Appeals concerning the settlement of demands for payment of compensation arising from the parking agreement, due on account of the parking or from additional costs weighing on the Car with claims for other reasons are not permitted.
8.5 In any event, all sums, as referred to in 8.1 of this article, immediately payable and in deviation from 8.4 of this article are liable to settlement if
I. the Client or Seguro Parking has been declared bankrupt or if the Client or Seguro Parking has been granted suspension of payments;
II. the Client or Seguro Parking:
1. offers their creditors an arrangement;
2. is substantially in default in complying with their obligations;
3. cancels the parking agreement on the basis of article 4.10 or article 6.6 of these conditions;
4. ceases trading or – in cases of a legal entity or firm – if this is dissolved.
8.6 In case the sum of money owed by the customer to Seguro Parking exceeds the value of the car (with or without suffiicient car documentation being present in the vehicle) and the lack of payment started at least three years before this exceeded the value of the car, in other words the actual debt to Seguro Parking is the result of an accumulation of debts over a period of at least three years, Seguro Parking is entitled to dispose itself from the car. Seguro Parking is obliged to send the customer prior to the disposal at least three notifications by email and in case of no reply Seguro Parking needs to try to get in touch with the customer with at least three phone calls. (Seguro Parking is not liable for changes of email addresses or phone numbers, without being notified.) Seguro Parking is obliged to keep a record of the executed notifications and needs to maintain at least a period of at least 3 weeks between the notifications to allow the customer to respond. Only in case the customer successively fails to respond to the notifications that have been sent to him or does not respond to phone calls that have been made to him, Seguro Parking is entitled to start the procedure of disposal. The customer cannot start a claim for his car after the disposal and after the minimum period of three years and after Seguro Parking fulfilled its obigations as described in this article. The customer is still liable for the financial obligations towards Seguro Parking. In other words, he still needs to pay off his debts. Seguro Parking then may deduct the value of the car from the sum of money the customer owes to Seguro Parking and charges the customer also for 10% administration costs, calculated over the original debt.
Article 9. Security
9.1 Seguro Parking has a right of retention on the Car and documents that it has in connection with the parking regarding any party that requires their release. However, this right does not apply, if Seguro Parking, at the time that the Car is received for parking, had reason to doubt the authority of the Client to make the Car available for parking.
9.2 Seguro Parking can only exercise its right of retention regarding the Client for that which is or will be owing due to being stored.
9.3 Seguro Parking can also exercise the right of retention assigned in 9.2 of this article for outstanding amounts payable by the Client in connection with previous parking agreements.
9.4 If during settlement a dispute arises concerning the amount due or the calculation of the amount cannot be carried out with any urgency, and release is required, the Client is obliged to immediately pay that part of the amount that is not disputed, and to provide security for that part of the payment that he disputes or has yet to be determined.
9.5 All goods, documents and monies that Seguro Parking has in connection with the parking agreement can be used as collateral for all claims that it has regarding the Client.
9.6 Apart from cases where the Client has been declared bankrupt or granted suspension of payments, or on termination of the parking agreement as referred to in article 6.6 of these conditions, Seguro Parking is never entitled to sell the Car held as collateral without permission form the judge, in accordance with el Código Civil en la Ley de Enjuiciamiento Civil 2000.
9.7 If the Client fails to pay the amounts liable for regarding Seguro Parking, and on account of which Seguro Parking, in accordance with the previous clauses has the right to retention and/or lien, Seguro Parking is entitled, after receiving permission from the judge, to sell the Car stored, at the Client’s expense, and to use the proceeds to settle all amounts owed relating to the Car, this being in accordance with el Código Civil or la Ley de Enjuiciamiento Civil (LEC-2000).
9.8 The Client is liable for the costs of requesting permission to sell in accordance with la normativa en la LEC-2000 y Código Civil. as well as the costs of the public or private sale. If the total costs of the open claim regarding Seguro Parking exceed the estimated value of the Car, the depositary can sell the Car.
9.9 If requested, Seguro Parking can exchange the collateral for security which, in the sole opinion of Seguro Parking is of equal value.
Article 10. Competent judge/arbitrator
10.1 All agreements, to which the General Conditions for Car-parking apply; will be subject to Spanish law.
Article 11. Acts of God
11.1 Acts of God are taken to include, any circumstance beyond the control of Seguro Parking whose nature is such that compliance with the agreement cannot be reasonably asked of Seguro Parking (non culpable defects in compliance). Acts of God are also taken to include: war, riots and hostilities of whatever nature, blockades, boycotts, natural disasters, epidemics, shortage of basic materials, impediments and disruption of transport, breakdowns in our company, import and export restrictions or prohibitions, hindrance resulting from measures, legislation or decrees issued by international, national and regional (government) authorities. If Seguro Parking is unable to fulfil its duty to release, or cannot do this adequately or in good time due to Acts of God, Seguro Parking is entitled to consider the agreement or the part thereof that has not been fulfilled, as being annulled, or to suspend it for a specified or indefinite period, with Seguro Parking being able to choose which. The Client is not entitled to compensation from Seguro Parking in cases of Acts of God