1. General
P-Air AB, corporate registration number 559210-1637 (the “Company”), provides parking services, including, where applicable, the possibility to charge electric and hybrid vehicles via the Website or the P-Air application (the “App”) to customers in Sweden (the “Customer”). The services (the “Services”) provided are further described below in section 3.1.
These general terms and conditions (the “General Terms and Conditions”) apply to the Services provided by the Company to the Customer and complement the specific terms and conditions that have been or will be entered into between P-Air and the Customer. In the event of any inconsistency between the specific terms and conditions and these General Terms and Conditions, the specific terms and conditions shall prevail.
By using the Services, the Customer agrees to and accepts being bound by these General Terms and Conditions. A binding agreement (the “Agreement”) between the Customer and the Company is established when the Customer uses and gains access to the Services. The General Terms and Conditions form part of the Agreement between the Customer and the Company.
2. Definitions
The following words and terms shall have the meaning set forth below in these General Terms and Conditions:
| "General Terms and Conditions" | has the meaning set forth in section 1.1 |
| "Agreement" | has the meaning set forth in section 1.3 |
| "App" | refers to the Company’s application, P-Air, through which the Services are provided to the Customer. |
| "Booking" | refers to a reservation of a Parking Space in accordance with section 3.1. |
| "Charging Station" | refers to the equipment within a Parking Space that enables the charging of electric and hybrid vehicles. |
| "Company" | has the meaning set forth in section 1.1 |
| "Customer" | has the meaning set forth in section 1.1. |
| "Digital Key" | refers to a digital key provided to the Customer, which is used/required for entry and exit of Parking Areas. |
| "Parking Areas" | refers to the designated areas where Parking Spaces are arranged. |
| "Parking Space" | has the meaning set forth in section 3.1. |
| "Parking Time" | refers to the period during which a Customer has booked a Parking Space. |
| "Partner" | refers to the Company’s business partners. The Property Owner is not included in this definition. |
| "Party" | refers to the Company and/or the Customer. |
| "Password" | has the meaning set forth in section 3.3. |
| "Payment Card" | has the meaning set forth in section 3.2. |
| "Property Owner" | refers to property owners and other landlords who provide Parking Spaces and with whom the Company collaborates. |
| "Service" | has the meaning set forth in section 3.1. |
| "Website" | refers to the Company’s website https://pair.se/. |
Terms stated in the singular shall have the corresponding meaning in the plural, and vice versa.
3. Services
The Company provides the Customer with the ability to pay for a parking space, with the possibility of pre-booking a parking space and charging electric and hybrid vehicles, where applicable (the “Service” and the “Parking Space,” respectively). A description of the available Services, as applicable from time to time, is accessible on the Website. The Website also provides information on all Services offered by the Company at any given time.
The use of the Services requires the Customer to provide information regarding the selection of one of the payment methods accepted by the Company, as well as details of a debit card/credit card (collectively referred to as the “Payment Card”) or, where applicable, other necessary information to enable electronic payment.
Certain Services require the Customer to register a user account. Upon registration of a user account, the Customer is provided with a unique password, which the Customer may subsequently replace with their own password (the “Password”) to log in to their account through the available media.
Furthermore, certain Services require the Customer to activate the “allow access to location data” and/or “allow push notifications” function on their mobile device. The Company reserves the right to modify the technical platform for the App and the Services, as well as the right to update and further develop the App and add additional services to the Services without prior notice to the Customer.
4. Customer's responsibilities and obligations (in addition to specific obligations under Section 5)
The Customer guarantees that the information provided by the Customer is accurate in all respects and that such information is promptly updated if circumstances arise that render the previously provided information incorrect. It is the Customer’s responsibility to ensure that the booking of a Parking Space is made for the correct vehicle. The Company shall not, under any circumstances, be liable for incorrectly registered information, regardless of the registration method used.
The Customer is responsible for ensuring that the registered Payment Card is valid, not blocked, and has sufficient funds for the applicable charges. The Customer shall notify the Company of any new payment card details no later than one calendar month before the registered Payment Card expires.
The Customer shall at all times comply with the Company's instructions.
The Customer is responsible for ensuring that the Password and Digital Key are stored and used securely and are not disclosed or otherwise made accessible to any third party.
If:
The Customer has reason to suspect that an unauthorized person has accessed or has knowledge of the Password and/or Digital Key;
The Customer has reason to suspect that someone has altered the Customer’s registered information; or the registered vehicle(s) have been transferred or otherwise come into the possession of another party,
the Customer shall, without delay, inform the Company of such circumstances so that the Company may take appropriate measures, such as blocking the Password and/or Digital Key and/or the Customer’s account, or updating the Customer’s registered information. Such notification shall be made via the designated contact channels.
In addition to the above, the Customer shall also keep the Company informed of any other circumstances that are relevant to the Agreement and/or the provision of the Services.
The Customer is responsible for ensuring that all external equipment necessary for the use of the Services, such as mobile phones, tablets, computers, or other technical devices, functions properly and remains compatible with the Services. The Customer is also responsible for updating the App to the latest version. The technical requirements specification is available on the Website.
5. The App – Parking and charging via the App
Through the Website or the App, the Customer can search for available Parking Spaces, with the option of charging, where applicable, as close to the destination as possible, book available Parking Spaces, pay for a booked Parking Space, and, if possible, extend the parking time. The Company does not guarantee the availability of a Parking Space for booking or that the parking time for a booked Parking Space can be extended once it has expired.
Booking and payment for a booked Parking Space are made directly to the Company via the Website or through the App. The applicable rate and the total amount for the Parking Space and, where applicable, charging (including value-added tax) are displayed on the Website or in the App.
A Parking Space booking is considered completed when the Customer has received confirmation that the payment has been accepted and has been issued a Digital Key. A Parking Space cannot be used for a Booking until this has occurred.
It is the Customer’s responsibility to verify that the Booking has been completed and that the payment has been processed.
The Services can only be used at the Parking Areas and Parking Spaces specified on the Website or via the App, and the Customer may only use such designated Parking Spaces. The Parking Areas and Parking Spaces that are connected to the service are listed on both the Website and the App.
The Customer is responsible for the Digital Key and undertakes to prevent unauthorized access to the Digital Key.
Upon entry to and exit from a Parking Area, the Customer shall ensure that no unauthorized person gains access to the Parking Area.
Connected Parking Areas and Parking Spaces are marked with general information regarding the terms and conditions for using the Services.
IT IS ALWAYS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT PARKING TAKES PLACE IN THE CORRECT PARKING SPACE, TO CHECK THE DURATION OF THE PARKING TIME, AND TO ENSURE THAT AN ONGOING PARKING SESSION IS TERMINATED.
The Customer is obliged to comply with all applicable laws and regulations, as well as the rules governing each respective Parking Area.
The Customer is responsible for any littering, oil spills, or other environmentally hazardous substances or pollution occurring in the Parking Space during the parking period.
The Customer’s right to use the Parking Space and, where applicable, the associated charging service ceases upon the expiration of the parking time.
The Customer is not permitted to allow any party other than themselves to use the Parking Space during the parking period.
The Website and the App are generally available 24/7. However, planned downtime for upgrades, modifications, and maintenance may occur. The Customer acknowledges that software cannot be tested under all possible circumstances and that deviations in functionality, unforeseen errors, and interruptions may occur. Interruptions due to unforeseen events will be remedied as soon as possible by the Company. The Company shall not be liable for any damages or losses arising from the Website or the App being unavailable, malfunctioning, or containing errors.
The Charging Station is generally available 24/7. However, planned downtime may occur. The Customer acknowledges that deviations in functionality, unforeseen errors, and interruptions may arise. Interruptions due to unforeseen events will be remedied as soon as possible by the Company or a third party. The Company shall not be liable for any damages or losses arising from the Charging Station being unavailable, malfunctioning, or in an incorrect condition.
The charging capacity, i.e., the rate at which an electric or hybrid vehicle's battery is charged, depends on multiple factors, including the technical capabilities of the electric or hybrid vehicle, the battery’s charge level, and the capacity of the Charging Station. The component with the lowest capacity will determine the charging power that the electric or hybrid vehicle can utilize. Therefore, the Company cannot guarantee that charging of electric or hybrid vehicles will be completed within a specified maximum time or with a certain minimum power output.
It is the Customer’s responsibility to start and stop the charging of an electric or hybrid vehicle in accordance with the provided instructions. To verify that charging has started, the Customer shall review the information displayed on the charger and take into account the electric or hybrid vehicle’s instrumentation. The Customer is also responsible for ensuring that the electric or hybrid vehicle and any accompanying charging cable are compatible with the Charging Station.
The Company reserves the right to update the Services, Website, and App with new features and otherwise modify the Services, Website, and App for reasons such as adapting to new technology, new security standards, or new administrative procedures.
6. Parking violation and control fees
The Company (and other entities engaged by the Property Owner) has the right to impose parking violation and control fees on the Customer, including but not limited to cases where the Customer has parked during a period for which payment has not been made, in a Parking Space other than the one booked, or has failed to comply with other instructions applicable to a specific Parking Area. The Company also has the right, to the extent permitted by applicable laws and regulations, to arrange for the removal of an improperly parked vehicle.
7. Maps and positioning
By granting the App access to the mobile device’s location data and enabling push notifications, the Customer can view the nearest available Parking Area and Parking Space via the App.
8. Prices, fees, and payment terms
Parking and charging fees, as well as any other applicable fees, vary between different Parking Areas. Prior to each parking session, the Customer is informed of the applicable prices and fees. All prices and fees are stated inclusive of value-added tax (VAT).
Payment is made by charging the Customer’s registered Payment Card, via Swish payment, in certain cases via invoice, or through another payment method accepted by the Company.
Payment of parking violation and control fees shall be made in accordance with the instructions provided on the parking ticket.
If a charge to the Payment Card cannot be processed, the Company reserves the right to issue an invoice to the Customer for the relevant fees. If the Customer is domiciled outside of Sweden, the Company has the right to convert the fee into the currency applicable in the Customer’s domicile, based on the exchange rate at the time of the original invoicing, with an additional five percentage points.
If the Customer cancels a pre-booked Service, the service fee paid is non-refundable. If the Customer does not attend a pre-booked Service and more than 48 hours have passed since the scheduled time, any fees paid will not be refundable.
If payment is not made on time, the Company is entitled to default interest in accordance with Section 6 of the Swedish Interest Act (1975:635) from the due date until full payment has been made. The Company is also entitled to compensation for costs (such as payment reminders and debt collection demands) incurred in the collection of the overdue amount.
9. Intellectual property rights, etc.
All copyright (including rights to software, source code, object code, and algorithms) and other intellectual property rights (including trademark rights and patents) related to the Services (and their content) and the Company are owned or licensed by the Company or its suppliers and Partners. No such rights are transferred to the Customer in any way—neither through the Agreement nor through the use of the Services. The Customer is not entitled to copy, distribute, sell, publish, transfer, lend, sublicense, modify, or otherwise dispose of or take any action regarding the software included in the Services. The Customer is not permitted to engage in reverse engineering, decompilation, disassembly, or otherwise attempt to access the software’s source code.
The Customer shall ensure that all information and material transferred to the Services is free from harmful elements, program code, or malware (such as viruses and trojans). The Customer is responsible for ensuring that any information uploaded to the Website or made available through the App does not infringe on third-party rights or otherwise violate laws, regulations, or the rights of others.
The Company applies appropriate security measures to protect data. The Company shall not be liable if, despite the security measures taken, data becomes accessible to third parties, provided the Company has not acted negligently.
10. The Company’s liability
The Company is not liable for any damage or loss incurred by the Customer as a result of:
The Customer’s error or negligence, including failure to correctly start or terminate a Service (regardless of whether the Customer has opted to receive a reminder or push notification from the Company) or the use of an incorrect Parking Space or continued use of a Parking Space after the parking time has expired;
The Customer’s failure to take note of the provided information;
The Customer’s failure to fulfill their obligations under the Agreement or otherwise comply with the Company’s instructions;
The Customer parking their vehicle in violation of applicable laws, regulations, and/or rules established by the relevant Property Owner or otherwise applicable to the Parking Space where the vehicle is parked;
Faults or malfunctions attributable to the Customer’s mobile phone or other technical equipment (such as being turned off or out of battery);
Interruptions, disruptions, or delays in telephone, Internet, or other communication connections, or actions or omissions by telecommunications operators or electricity providers that affect the functionality or availability of the Service;
Service interruptions or lack of availability of the Service;
Damage to or loss of vehicles or other property;
Unauthorized use of the Password and/or Service, or Force Majeure (see Section 16);
Incompatibility between the Customer’s vehicle and the Charging Station or the Customer’s use of the Service or Charging Station in violation of the applicable instructions and technical requirements stated in the Agreement or otherwise communicated by the Company.
The Company’s total liability for damages shall under no circumstances exceed an amount equivalent to one price base amount, unless the Company has acted intentionally or with gross negligence.
Under no circumstances shall the Company be liable for indirect or consequential damages, such as lost profits. Furthermore, the Company shall not be liable for damages in the relationship between the Customer and third parties.
11. Customer's liability
The Customer shall indemnify and hold the Company harmless for any damage or loss incurred by the Company as a result of the Customer’s fault, negligence, or failure to fulfill their obligations under the Agreement or otherwise comply with the Company’s instructions.
If the Customer causes damage to a Charging Station due to fault or negligence, the Customer shall compensate the Company or a third party for the damage.
Furthermore, the Customer shall indemnify and hold the Company harmless from all claims directed at the Company by third parties that are a direct or indirect result of the Customer’s use of the App.
12. Complaints
Any complaint from the Customer must be made without delay and no later than 60 days from the occurrence of the event giving rise to the complaint or from the time the Customer became or should have become aware of a charge they wish to dispute. The complaint must clearly specify the nature of the error. The Customer shall, to a reasonable extent, assist the Company in any investigation resulting from the complaint.
13. Notices (Customer Service)
Notices that cannot be conveyed via the App or the Website shall be communicated to the Company’s customer service using the contact details provided on the Website.
14. Suspension
The Company has the right to immediately suspend the Customer’s access to the Services and terminate the Customer’s account if:
the Customer materially breaches their obligations under the Agreement, fails to fulfill, or there is reasonable cause to believe that the Customer will fail to fulfill, their payment obligations to the Company or does not have a valid payment card or other applicable payment method registered with the Company;
the Company, based on a reasonable assessment, expects that the Customer is likely to become insolvent;
the Customer uses the Services in violation of the Agreement or in a manner that may cause harm to the Company or a third party;
the Customer has repeatedly parked their vehicle in violation of applicable laws, regulations, and/or rules established by the Property Owner;
the Customer has provided incorrect, incomplete, or misleading information, or if the Company, based on an overall assessment, deems it likely that the Customer is involved in or otherwise associated with criminal activity.
The termination of the Agreement (regardless of reason) shall not affect either Party’s rights and/or obligations that have arisen prior to the time of termination.
15. Right of withdrawal
For private customers, the Customer’s order of Services is subject to the Swedish Act on Distance Contracts and Off-Premises Contracts (SFS 2005:59) This means, among other things, that the Customer has the right to withdraw (Sw. ångerrätt) from an order for a Service under the Agreement without providing any reason (right of withdrawal) within 14 days from the date the Customer received confirmation of their order (the withdrawal period). To exercise the right of withdrawal, the Customer must notify the Company before the withdrawal period expires that they wish to withdraw from their order (it is sufficient that the Customer’s notification has been sent before the withdrawal period ends). The Customer may also use the standard form provided by the Swedish Consumer Agency, which is available on its website (www.konsumentverket.se).
Please note that the right of withdrawal is limited. If the Customer begins using the Service, which shall be deemed to have occurred at the agreed commencement date, the Customer agrees that the Company commences the delivery of the Service, even if the withdrawal period has not expired, and thereby forfeits the right of withdrawal. The Customer thus acknowledges that they do not have a right of withdrawal from the moment they start using the Service.
If the Customer withdraws from an order under the right of withdrawal, the Company will refund the amount paid for the Service covered by the order in full. The refund will be made without undue delay and, in any case, no later than 14 days from the date the Company was informed of the Customer’s decision to withdraw from the order. Under the Swedish Act on Distance Contracts and Off-Premises Contracts (SFS 2005:59), the Customer has the right to withdraw from the Agreement by notifying the Company within 14 days from the date of approved registration.
16. Force majeure
The Company shall not be liable or obliged to provide compensation for any failure or delay in fulfilling its obligations under the Agreement if such failure or delay is due to circumstances beyond the Company’s control. Examples of circumstances beyond the Company’s control include fire, flooding, or other natural disasters, acts of war, terrorist attacks, epidemics, strikes, interruptions, disruptions, or delays in telephone, Internet, or other communication connections, interruptions in public transportation, accidents, explosions, civil unrest, legal regulations, or governmental actions.
17. Confidentiality
The Parties undertake not to disclose confidential information regarding the other Party without their consent. However, the Customer acknowledges and agrees that the Company may provide information about the Services and their use to Property Owners and Partners in order to fulfill its obligations towards them. The Customer further acknowledges and agrees that the Company may report any misuse of the Services, criminal activity, fraudulent or inappropriate behavior, and/or suspicions thereof to the police or other authorities.
18. Processing of personal data, etc.
Personal data is processed and handled in accordance with applicable legislation and the Company’s prevailing privacy policy. The privacy policy is available on both the Website and through the App.
The Customer has the right to request the deletion of their user account and associated personal data at any time, except for data that the Company is legally obligated to retain.
19. Amendments, assignment, etc.
The Company reserves the right to amend these General Terms and Conditions. Any amendments will be communicated via the App and on the Website. If the Customer continues to use the Service after the amendments have been published, the Customer is deemed to have accepted the changes.
The currently applicable General Terms and Conditions are available both through the App and on the Website.
The Company has the right to assign, in whole or in part, its rights and/or obligations under the Agreement without the Customer’s consent. Furthermore, the Company has the right to engage subcontractors to fulfill its obligations under the Agreement.
The Customer is not entitled to assign their rights and/or obligations under the Agreement without the Company’s written consent.
20. Disputes and applicable law
Swedish law shall apply to the Agreement, without applying its conflict of law principles.
Any dispute arising in connection with the Agreement shall primarily be resolved through voluntary settlement between the Parties.
For Customers who are private individuals, if the Parties are unable to reach a settlement, the dispute may, at the Customer’s request, be referred to the National Board for Consumer Disputes (ARN).
The EU Commission provides a website to assist dissatisfied customers in resolving disputes http://ec.europa.eu/consumers/odr/
Disputes may be examined by a Swedish general court, with Jönköping District Court as the first instance.