Valid from 2020-12-04
P-Air AB, reg.nr 559210-1637, (the "Company"), provides parking services with, where applicable, the possibility of charging electric and hybrid vehicles via the P-Air app ("P-Air") to Customers in Sweden (the "Customer"). The services (the "Services") provided through P-Air are described in more detail below in Section 3.1
These terms ("General Terms and Conditions") apply to the Services provided by P-Air to the Customer and complement the specific terms and conditions entered into or concluded between the Company and the Customer. In the event that there is a conflict between the specific terms and the General Terms and Conditions, the specific terms take precedence.
By the Customer applying via P-Air for registration with the Company (see Section 3.2) to use P-Air, the Customer approves and accepts to be bound by these General Terms and Conditions. Binding agreements (the "Agreement") between the Customer and the Company arise when the Company has confirmed the Customer's registration and the Customer accesses the Services via P-Air. The General Terms and Conditions are part of the Agreement between the Customer and the Company.
The following words and terms shall have the meaning set forth below in these Terms and Conditions:
|"General Terms and Conditions"||has the meaning set forth in Section 1.1.|
|"The Agreement"||has the meaning set forth in Section 1.3.|
|"The Company"||has the meaning set forth in Section 1.1.|
|"Digital key"||means a digital key that the Customer receives via Booking of Parking Space via P-air and which is used / required when entering and exiting parking areas|
|"Property owners"||refers to the property owners and other landlords who provide Parking Spaces and with whom the Company cooperates.|
|"Credit card"||has the meaning given in Section 4.3.|
|"Customer"||has the meaning set forth in Section 1.1.|
|"Charging Section"||refers to the equipment within a Parking Space that enables the charging of electric and hybrid vehicles.|
|"Password"||has the meaning set forth in Section 4.4.|
|"P-Air"||refers to the Company's application, P-Air, through which the Services are provided to the Customer.|
|"Parking Space”||has the meaning set forth in Section 3.1.|
|"Parking time”||refers to the time when a Customer has booked a Parking Space.|
|"Parking areas”||refers to the marked areas where Parking Spaces are arranged.|
|"Party"||refers to the Company and/or the Customer.|
|"Personal Data Policy"||has the meaning set forth in Section 19.|
|”"Partners"||refers to the Company's partners. The property owner is not covered by this concept.|
|"Service"||has the meaning set forth in Section 3.1.|
|"The Website"||refers to the Company's website https://pair.se/.|
Concepts given in the singular have the corresponding meaning in the plural and vice versa. The same applies to concepts that are given in definite and indefinite form, respectively.
P-Air is an application that gives the Customer the opportunity to book in advance a certain Parking Space with, where applicable, the possibility of charging electric and hybrid vehicles (the "Service" and "Parkering space", respectively). Most Parking Spaces are not accessible to the public except via P-Air and many Parking Spaces are also located in locked private buildings. In addition to the security of such parking, the possibility of booking means that the Customer knows that there is a Parking Space reserved for the Customer and the Customer does not have to risk being without a Parking Space once the Customer arrives at the Parking Area. Both Booking and payment are made via P-Air and when payment has been made, the Customer receives a Digital Key that the Customer uses when entering the Parking Area. In addition to Digital Key, the Customer also receives information about which Parking Space within the Parking Area that has been booked by the Customer.
At any given time, a description of available Services is available on the Website. The Website also contains all services that the Company, at any given time, provides via P-Air.
In order to be able to use P-Air and the Services and book a Parking Space, it is required that the Customer is registered as a user with the Company.
The application is made via P-Air, via the Website or in any other way that the Company directs. The Company reserves the right to reject the registration application for no reason.
The application for registration can be made via the Website, P-Air or by other means specified by the Company at any given time. In connection with the application for registration, the Customer must provide requested information, such as name, telephone number, e-mail address and in any case the registration number of at least one vehicle. In addition, information is required from the Customer regarding the choice of any of the payment methods that the Company accepts as well as information about debit / credit cards (together "Credit cards") or (where applicable) other necessary information for electronic payment to be made. When the Customer has received confirmation that the application has been accepted, the registration is completed, and the Customer can book Parking Spaces.
In connection with the Company's acceptance of the Customer's application, a unique password is sent to the Customer that the Customer later can replace with a new password (the "Password") to log in to the account on available media.
Once the application has been approved, the Customer receives a time-limited (non-exclusive) right to use P-Air and the Services. The right to use P-Air and the Services are not transferable and are valid during the contract period and as long as the Customer has an active account. A prerequisite for the right of use is that the Customer fulfills its obligations under the Agreement. The Company further reserves the right to terminate an account if no Booking has been made through the account for a period of 2 years.
Some Services require that the Customer has enabled the "allow access to location information" and/or "allow push notifications" feature on their mobile phone. The Company reserves the right to change the technical platform of P-Air and the Services and also the right to update and further develop P-Air and add additional services to the Services without prior notice to the Customer.
The Customer guarantees that the information provided by the Customer during registration and thereafter in all respects is correct and that the information is immediately updated if provided information is no longer correct. It is the Customer's responsibility to ensure that the Parking Space is booked for the right vehicle. In no case is the Company liable for incorrectly registered data, regardless of the method of registration.
The Customer is responsible for ensuring that the registered Credit card is valid, is not blocked and that coverage for current amounts is available. No later than one calendar month before the Credit card expires, the Customer shall notify the Company of information regarding a new credit card.
The Customer shall at all times follow the Company's instructions.
The Customer is responsible for ensuring that the Password and Digital Key are stored and used in a secure manner and are not disclosed or otherwise made accessible to third parties.
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 changed the Customer's registered information; or if the registered vehicle(s) are transferred or otherwise not in the Customer's possession;
the Customer shall without delay inform the Company of such conditions so the Company can 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. Notification is made via the Website or through P-Air.
In addition, the Customer shall also otherwise keep the Company informed of conditions that are of importance for the Agreement and / or the performance of the Services.
The Customer is responsible for ensuring that all external equipment needed for the use of the P-Air and the Services such as mobile phone, tablet, computer or other technical equipment works correctly and at all times is compatible with P-Air and the Services. The Customer is also responsible for updating P-Air to the latest version. Requirements are available on the Website.
Through P-Air, the Customer can search for available Parking Spaces with the possibility of charging as close to the destination as possible, book available Parking Spaces, pay for a Parking Space and, if possible, extend the Parking time. The Company is not responsible that there is an available Parking Space to book or that the Parking time at a booked Parking Space can be extended.
Booking and payment of booked Parking Space is made directly to the Company through P-Air. The current tariff and total amount of the Parking Space booked (including VAT) are stated in P-Air. Booking is considered completed when the Customer has received confirmation that the payment has been accepted and received a QR code and it is not until this has been done that a Parking Space can be used.
Provided that the Customer has set push notifications for P-Air, the Customer will receive a notification both before a Parking time begins and before a Parking time expires.
It is the Customer's responsibility to check that the Booking has been made and that payment has been made.
The Services can only be used in the Parking Areas and Parking Spaces connected to P-Air and the Customer can only use the booked Parking Space. The Parking Areas and Parking Spaces connected to P-Air are listed in both the Website and P-Air.
The Customer is responsible for the Digital Key and undertakes to prevent unauthorized access to the Digital Key.
When entering and exiting the Parking Area, the Customer shall ensure that no unauthorized person is allowed access to the Parking Area.
Information about completed parking can be obtained for a period of 2 years, after completion of parking, upon request to the support.
IT IS ALWAYS THE CUSTOMER'S RESPONSIBILITY TO CHECK THAT PARKING TAKES PLACE AT THE BOOKED PARKING SPACE, TO CHECK THE LENGTH OF THE PARKING TIME AND TO CHECK THAT A STARTED PARKING IS TERMINATED.
The Customer is obliged to comply with laws and regulations as well as the regulations that the various Property Owners have established for each Parking Area.
The Customer is responsible for littering, discharge of oil or other environmentally hazardous substances or other pollution that occurs at the parking lot during the Parking time.
The Customer's right to use a Parking Space ends at the end of the Parking time.
The Customer does not have the right to allow anyone other than the Customer to use the Parking Space during the Parking time.
The Customer is responsible for keeping property covered by the Agreement insured.
P-Air is normally available around the clock. However, planned downtime for upgrades, changes, and maintenance may occur. The Customer understands that software can never be tested in all conceivable situations and that deviations in functionality as well as unforeseen errors and interruptions may occur. Interruptions due to unforeseen events are rectified as soon as possible by the Company. The Company is not responsible for any damage or loss that arises as a result of P-Air not being available, out of order or containing faults.
The Charging Section is normally available around the clock. However, planned downtime may occur. The Customer understands that deviations in functionality as well as unforeseen errors and interruptions may occur. Interruptions due to unforeseen events are rectified as soon as possible by the Company or third parties. The Company is not responsible for any damage or loss that occurs as a result of the Charging Section not being available, out of order or being in incorrect condition.
The charging capacity, i.e. how fast the battery of the electric and hybrid vehicle is charged, depends on several factors such as, for example, the technical conditions of the electric and hybrid vehicle, the battery charge level and the capacity of the Charging Section, of which the component with the lowest capacity will determine the power that the electric and hybrid vehicle can assimilate. Therefore, the Company cannot guarantee that charging of electric and hybrid vehicles will be able to be carried out within any maximum specified time limit or with a certain minimum power.
It is the Customer's responsibility that charging of electric and hybrid vehicles begins and ends according to instructions. To ensure that charging has begun, the Customer must take part in the information from the charger and take into account the instrumentation of the electric and hybrid vehicle. It is also the Customer's responsibility to ensure that the electric and hybrid vehicle and any accompanying charging cable have the right conditions to charge at the Charging Section.
The Company has the right to update P-Air with new functions and otherwise change P-Air to, for example, adapt P-Air to new technology, new safety standards or new administrative routines.
The Company (and other actors hired by Property Owners) have the right to charge the Customer incorrect parking and control fees, among other things, if the Customer has parked at a time for which payment has not been made, at a different space than booked Parking Space or if the Customer has not followed other instructions for a specific Parking area. The Company also has the right, to the extent permitted by applicable laws and regulations, to arrange for the misplaced vehicle to be removed.
By giving P-Air access to the location information of the mobile phone and by allowing push notifications, the Customer can see the nearest available parking area and Parking Space via P-Air.
Parking fees and any fees vary between the different parking areas. Before each booking occasion, the Customer is informed of the current price for a Parking Space. All prices and fees are stated including VAT.
Payment is made by debiting the Customer's registered Credit card or by another payment method accepted by the Company. The Customer selects and accepts the payment method in connection with the registration application. For information on other payment terms, please refer to the relevant payment service provider. Payment of parking and control fees shall be made in accordance with the instructions on the parking fine.
If payment is not made in due time, the Company is entitled to interest on arrears in accordance with the Interest Act (1975:635) from the due date until full payment has been made. The Company is also entitled to reimbursement of costs (such as payment reminders and debt collection claims) for the collection of the amount due.
All copyrights (including rights to software, source code, object code and algorithms) and other intellectual property rights (including trademark rights and patents) attributable to P-Air (and its content) and the Company are held or licensed by the Company or its suppliers and Partners. No such rights are transferred in any way to the Customer – whether through the Agreement or through the use of P-Air. Customer shall not be entitled to copy, distribute, sell, publish, transfer, lend, sublease, modify, or otherwise dispose of or take any action with respect to the software used by P-Air. The Customer does not have the right to engage in reverse engineering, decompilation, disassembly or otherwise attempt to access the source code of the software.
The Customer shall ensure that all information and materials transmitted to P-Air are free from harmful elements or program code or malware (such as viruses and Trojan horses). The Customer is responsible for ensuring that information that the Customer uploads on the Website or makes available through P-Air does not infringe another's rights or is otherwise in conflict with law, regulations or the right of third parties.
The Company applies appropriate security measures to protect data. The Company is not responsible if data, despite security measures taken, has become available to third parties without the Company acting negligently.
The Company is not liable for any damage or loss caused to the Customer as a result of:
The Customer's fault or negligence, including that the Customer has not correctly started or terminated the Service (regardless of whether the Customer has chosen to receive a reminder or push notification from the Company) or that the Customer has used the wrong Parking Space or used the Parking Space even after the Parking time has expired,
that the Customer has not observed the provided information,
that the Customer has not fulfilled its obligations under the Agreement or otherwise has not followed the Company's instructions,
that the Customer has parked the vehicle in violation of applicable laws, rules and / or regulations established by the relevant Property Owner or which are otherwise applicable in relation to the Parking Space where the Customer parks the vehicle,
failure or lack of functionality attributable to the Customer's mobile phone or other technical equipment (such as e.g. shutdown or discharge),
interruption, disruption or delay in telephone, Internet or other communication connections, or the action or omission of a telecommunications operator or electricity supplier affecting the functionality of the Service or the supply therof;
interruption 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 17).
lack of compatibility between the Customer's car and the Charging Section or due to the Customer's use of the Service or the Charging Section in violation of the instructions and technical requirements in force in at any given time or otherwise communicated to the Customer by the Company.
The Company's total liability shall under no circumstances exceed an amount corresponding to a price base amount, unless the Company has acted with intent or gross negligent.
The Company is not liable under any circumstances for indirect damage or consequential damage such as, for example, lost profits. The Company is also not responsible for damage in the relationship between the Customer and third parties.
The Customer shall indemnify the Company for damages or losses caused to the Company as a result of the Customer's fault or negligence or the Customer’s non-fulfillment of the obligations under the Agreement or the Company's instructions.
If the Customer through error or negligence causes damage to the Charging Section, the Customer shall compensate the Company or third parties for the damage.
The Customer shall further indemnify the Company from any claim against the Company from third parties as a direct or indirect consequence of the Customer's use of P-Air.
Any complaint by the Customer must be made without delay and no later than within 60 days from the time the event that gave rise to the complaint occurred or from the time when the Customer became or should have become aware of a charge the Customer wishes to lodge a claim about. The complaint must clearly state the nature of the error. The Customer shall, to a reasonable extent, assist the Company in any investigation as a result of a complaint.
Messages that cannot be conveyed via P-Air or the Website shall be communicated to the Company's Customer service as follows:
|Telephone number:||(+46)36-330 00 90|
|Adress:||Klostergatan 33, SE-553 32 Jönköping, Sweden|
The Agreement takes effect from the time the Company has confirmed the Customer's registration (see Section 4) until it expires in accordance with the Agreement, or as otherwise agreed in writing.
The Customer may terminate the Agreement upon immediate termination by notice to the Company's Customer service.
The Company has the right to immediately suspend the Customer's access to P-Air and terminate the Customer's account and/or terminate the Agreement with immediate effect if:
The Customer materially fails to comply with its obligations under the Agreement, the Customer fails to fulfil, or there are reasonable grounds to believe that the Customer will not fulfil, its payment obligations to the Company or does not have a valid Credit card or other payment method, as applicable, registered through the Company,
The Customer according to the Company's reasonable assessment can be expected to be insolvent,
The Customer uses P-Air in violation of the Agreement or in a way that may cause damage to the Company or third parties,
The Customer has repeatedly parked a vehicle in violation of applicable laws, rules and/or regulations established by the Property Owner,
The Customer has provided incorrect, incomplete or misleading information, or the Company in an overall assessment makes it likely that the Customer can be considered to be involved in, otherwise connected with, criminal activity.
The termination of this Agreement (for any reason) shall not affect the rights and/or obligations of the Party that have arisen before the date of termination of the Agreement.
For private Customers, the Customer's order of P-Air is covered by the Distance and Off-Premises Contracts Act (2005:59). This means, among other things, that the Customer has the right to withdraw from an order for P-Air within the framework of the Agreement without giving any reason (right of withdrawal) within 14 days of the Customer receiving a confirmation of his order (the withdrawal period). In order to exercise the right of withdrawal, the Customer must, before the end of the withdrawal period, notify the Company that the Customer wants to withdraw from the order (it is sufficient that the Customer's message has been sent before the withdrawal period has expired). The Customer can also use the standard form developed by the Swedish Consumer Agency, which is available on the Swedish Consumer Agency's website (www.konsumentverket.se).
Please note that the right of withdrawal is limited. If the Customer commences the use of P-Air, the Customer agrees that the Company will begin the completion of the P-Air delivery, even if the withdrawal period would not have expired and that there thereby is no right of withdrawal. The Customer thus acknowledges that the Customer has no right of withdrawal from the time the Customer commences the use of P-Air.
If the Customer withdraws from an order on the basis of the right of withdrawal, the Company will, without deduction, refund what the Customer has paid for P-Air covered by the current order. The refund will be made without undue delay and in any case no later than 14 days from the date on which the Company was notified of the Customer's decision to withdraw from the order. According to the Distance and Off-Premises Contracts Act (2005:59), the Customer has the right to withdraw from the Agreement by notifying the Company of this within 14 days of approved registration.
The Company shall not be liable, or liable for, any deficiency or delay in respect of the Company's obligations under the Agreement if the deficiency or delay is due to circumstances beyond the Company's control. Examples of circumstances beyond the Company's control are fire, flood or other natural disaster, war event, terrorist attack, epidemic, strike, interruption, disturbance or delay in telephone, Internet or other communication connection, interruption of public transport, accident, explosion, unrest, law enforcement or government action.
The parties undertake not to disclose confidential information regarding the other party without the other party's consent. However, the Customer acknowledges and agrees that the Company will provide information about the Services and their use to Property Owners and Partners in order to fulfill its obligations to them. The Customer further acknowledges and agrees that the Company will report any misuse of the Services, criminal activity, fraudulent or inappropriate conduct and/or suspicions thereof to the police or other authorities.
Personal data is processed and handled in accordance with applicable legislation and in accordance with the Company's current personal data policy (the "Personal Data Policy"). The Personal Data Policy is available both on the Website and via P-Air.
The Customer has the right at any time to request deletion of the user account and associated personal data with the exception of data that the Company is legally obliged to retain.
The Company reserves the right to change these General Terms and Conditions. Changes will be communicated via P-Air and on the Website. If the Customer subsequently continues to use P-Air after the changes have been published, the Customer will be deemed to have accepted the changes.
At any given time, the General Terms and Conditions are available on both P-Air and on the Website.
The Company has the right to transfer all or part of its rights and/or obligations under the Agreement without the Customer's consent. Furthermore, the Company has the right to engage subcontractors for the performance of its obligations under the Agreement.
The Customer is not entitled to transfer his/her rights and/or obligations under the Agreement without the Company's written consent.
The Agreement constitutes the parties' complete regulation of the matters to which the Agreement relates.
The parties agree that should any provision of the Agreement be found invalid or unenforceable, the provision and other terms of the Agreement shall apply to the extent permitted.
Swedish law shall apply to the Agreement.
Any dispute arising out of the Agreement shall primarily be resolved by voluntary agreement between the Parties. If the parties cannot reach an agreement, the dispute may, at the Customer's request, be examined by the National Board for Consumer Disputes (ARN). Disputes can also be tried by Swedish public courts with Jönköping District Court as the first instance.
The European Commission offers a website to help dissatisfied Customers resolve disputes: http://ec.europa.eu/consumers/odr/
This Section 22 shall survive the termination of the Agreement.