Providing services for use of a paid parking (parking lots)
The present Offer contains terms and conditions of the Service Agreement on the use of a paid parking (parking lots) located on the public roads of local significance of municipality "Yekaterinburg" (hereinafter - the "Services").
Implementation the actions, indicated in the present Offer, is a confirmation of the User's consent to conclude the Agreement on the conditions in the order and to the extent set out in this Offer.
The following text of the Offer is the official public offering of municipal budgetary institutions (MKU) "Public car parking service",addressed to an indefinite number of persons, to sign the Agreement in accordance with Articles 432, 437 of the Civil Code of the Russian Federation.
1. Main terms and definitions
Parking (parking lots) - a specially designated and, if necessary, appointed and equipped place, which is a part of the road, and (or) adjacent to the roadway, and (or) the sidewalk, an overpass or bridge, or is part of spaces under the overpass or the bridge, squares and other objects of the road network, buildings, structures or facilities and designed for organized vehicle parking for a fee or free of charge by the decision of the owner of the road, the owner of the land or the owner of the relevant part of the building, structure or facility;
An open parking - parking without external wall fences;
A closed type parking - parking, equipped a system of automatic pass of vehicles;
Parking space - specially designated and, if necessary, equipped parking space, designed to place one vehicle;
Parking operator (Operator) - MBU "Urban car паркинг service", created in accordance with the legislation of Russian Federation to implement the relevant functions for the creation, maintenance and operation of paid parking;
Parking User (User) - individuals who use a paid parking (the person driving a vehicle, on the property right or powers of attorney, enter the car park and place on a parking a vehicle).
For the purposes of this Offer, the concepts are used in the same meaning as in the existing legislation of the Russian Federation.
2. The subject of the Agreement
2.1. The operator is obliged to provide Users with services, and Users, in turn, are obliged to accept and pay for the services.
2.2. This Agreement is a contract of adhesion and its terms can be accepted by the User only by acceding to the Treaty as a whole and by performing the acts specified in paragraph 2.3.of this Agreement.
2.3. The User agrees to enter into an Agreement with the Operator by placing the vehicle in the parking lot longer than 10 minutes.
3. Rights and obligations of parties
3.1. Rights and obligations of the Operator:
3.1.1. Parking operator is obliged to provide a parking area in accordance with current regulatory and technical documentation, road signs, marking, fencing and monitoring system of entry and exit and the payment system (in the case of paid parking).
3.1.2. To provide users with complete and accurate information about the services. Information is available in Russian and notified to the User at a payment point or points of entry to the paid parking, as well as information and telecommunications network on the Internet at the website of the Operator ek-parking.ru.
3.1.3. Parking terms, entry and exit from the parking are regulated by the Rules of the traffic of the Russian Federation, the existing dislocation of technical equipment of traffic management on highways and other regulatory documents.
3.1.4. Operator's failure to conclude the Agreement with User in a presence of the available parking lots on a paid parking is not allowed.
3.1.5. The Operator is not entitled to give preference to one user to other users in relation to the conclusion of the Agreement, except the cases provided by federal laws and other normative legal acts of the Russian Federation.
3.1.6. In order to control execution of the Agreement and resolution of disputes, the Operator carries the registration of fact of parking, including the collection, storage and use of data on the license plate number of vehicles left in the parking lot, time and place of parking.
3.1.7. Processing of personal data is carried out by the Operator in accordance with the Federal Law of 27.07.2006 №152 - FZ "On Personal Data".
3.1.8. Parking Operator is not responsible for protection of vehicles placed on the parking territory, not responsible for the safety of the vehicle, installed equipment and left in it items.
3.2. Rights and obligations of the User:
3.2.1. ПThe User has the right to receive information on the rules of parking use, the amount of payment for use of parking on a paid basis, procedure and methods of the payment.
3.2.2. The User obliged to:
· follow the requirements of the Russian Federation Traffic Rules;
· when using a paid parking, pay the price set for the use of parking in the prescribed amount, taking into account the actual time of stay of the vehicle in the parking lot;
· save the document on payment for the use of parking.
3.2.3. The User is forbidden to:
· prevent the normal operation of payment points;
· block the entrance (exit) vehicles on the parking lot;
· create barriers and constraints in the use of parking;
· leave the vehicle on a paid parking lot without paying for the use of parking services;
· pollute the parking territory;
· destroy equipment of the payment points;
· reserve the parking lots and create other obstacles for free access of vehicles on parking lots;
· place on a parking lots designated for vehicles of a certain type (if it is provided by appropriate traffic signs) a vehicle of another type;
· to place the vehicle with violation parking borders;
· to leave the vehicle with unreadable, non-standard or established in violation of the state standard requirements the license plate number, without license plate number, and equally without installed at the designated locations of the vehicle the license plate number, as well as with license plate number equipped with materials that hinder or prevent its identification;
· commit any other actions that violate the established order of parking use.
4. Cost and Payment order
4.1. Cost and method of payment are established by the legislation of the municipal formation city of Yekaterinburg, including:
- Resolution from 22.05.2014 № 1375"On creation of paid parking and the establishment of amount of charge for use of the car parking (parking lots) on the public roads of local municipality "Yekaterinburg ";
- Resolution from 24.12.2013 № 4303 "On approval of the Regulations on the procedure of creation and use, including for a fee based, parking (parking lots) on the public roads of local municipality "Yekaterinburg"
4.2. The operator provides the User with complete and accurate information about the cost and the payment order at the payment point or points of entry to the paid parking, as well as at information and telecommunications network on the Internet at the Operator's website ek-parking.ru.
5. Term and other conditions of the Agreement
5.1. The Agreement is concluded and comes into force from the moment of the User's actions provided in section 2 of this Agreement and implied unconditional acceptance of all conditions of the Agreement without any exceptions or restrictions on the conditions of accession, and is valid until the Parties fulfill their obligations.
5.2. The user is notified of changes in the conditions of the Agreement by publication of relevant information in the information and telecommunications network on Internet at the website of the Operator ek-parking.ru. Such changes Operator has the right to take unilaterally, including in the case of changes in the legal acts of the municipality Yekaterinburg specified in paragraph 4.1 of the Agreement.