General terms and conditions applicable to users of our parking services

1. GENERAL AND PARTICULAR TERMS AND CONDITIONS OF CONTRACTING
  These General Terms and Conditions of Contract aim to regulate the contractual relationship between PARKING & AIRPORTTRANSFER S.L. (hereinafter referred to as "the company/entity") and you (hereinafter referred to as "the customer/user"), relating to the contracting and/or purchase of services made through the website www.parkfly.info (hereinafter referred to as "the website"), which is owned by PARKING & AIRPORTTRANSFER S.L., a legally incorporated company, with its registered office at CMNO SON MOSSONS S/N AEROPUERTO 07611 PALMA DE MALLORCA, BALEARES, with CIF/NIF number B07859325, and registered in the Balearic Islands Mercantile Registry under Volume 1503, Folio 104, Sheet 27595, Book, Section 8. This website is operated by: PARKING & AIRPORTTRANSFER S.L.
  CIF/NIF: B07859325
  Address: CMNO SON MOSSONS S/N AEROPUERTO 07611 PALMA DE MALLORCA, BALEARES Phone: 971745660
  Email: parkflydavid@hotmail.com
  PARKING & AIRPORTTRANSFER S.L. sells the services offered through the website www.parkfly.info.
  The company/entity has its registered office and/or establishment at CMNO SON MOSSONS S/N AEROPUERTO 07611 PALMA DE MALLORCA, BALEARES.PARKING & AIRPORTTRANSFER S.L. is the owner of the domain and website www.parkfly.info.
2. INFORMATION PRIOR TO CONTRACTING.
  If you are under 18 years old, you cannot purchase and/or contract any services on the website www.parkfly.info. To acquire and/or contract any of the services on the website, you must be of legal age.
  We recommend reading these general terms and conditions before making a purchase, as your acceptance is a prior and necessary step for contracting. Prior to starting the contracting procedure, the company/entity provides these general terms so that you can store and reproduce them.
  We inform you that an electronic file of these general terms and conditions is created, which will be accessible to you at all times. All the information provided during the contracting process will be stored by the company, and you, prior to the contract and during the purchase process, can access, store, and print these general terms and conditions for your consultation.
  We inform you in advance of the steps you must follow to accept these general terms and conditions. The steps to contract the services offered are those described in these general terms, as well as the specific ones indicated on the website during navigation, so you as a customer/user declare that you are aware of and accept these steps as necessary to acquire and/or contract the services offered on the website.
  The contracting of our services can be formalized in any of the languages available on the website. However, the language in which these general terms are formalized is Spanish.During the contracting process, the company/entity provides suitable technical means to identify and correct errors. Any modifications or corrections of the data provided by you during navigation should be made according to the instructions included on the website. This website shows confirmation windows for the data provided, which may eventually prevent proceeding with the purchase or contract if the data entered is not in the correct format. In any case, before making the payment, you will be able to view the selected services and the details of your contract so that, if necessary, you can modify the contract data. If you detect an error after completing the payment process, you must contact customer service at the phone number: 971745660 or at the email address: parkflydavid@hotmail.com.
  By providing your personal data, you give your express consent to the processing of this personal data for the purpose of acquiring and/or contracting the services on the website.
  The online acquisition and/or contracting of the services offered by the company/entity through this website is subject to the provisions of these General Terms and Conditions.
  The acquisition and/or contracting of any of the services of the company/entity through the website requires acceptance of all and each of the general terms and conditions and/or the particular conditions that apply to the services acquired and/or contracted.
  These General Terms and Conditions are subject to the provisions of Law 34/2002, on Information Society Services and Electronic Commerce; Law 7/1998 on General Terms and Conditions of Contract; Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions, in accordance with Article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users, and the complementary laws that apply.
  For any inquiries, you can contact us at the email address: parkflydavid@hotmail.com.
3. THE SERVICE PROVIDED BY THE COMPANY
  The company is providing a parking service for the parking of motor vehicles during the occupation time, in exchange for a fixed price based on the parking time that you, as a customer, choose to contract.
  The services the company/entity sells on the website are offered with the most accurate description possible of their characteristics. Additionally, this description includes information regarding post-sale services of the contracted service, if any exist, and the conditions of the post-sale services. You are informed that the services we provide through the website will not be subject to the legal warranty provided in Article 114 of the TRLGDCU, as it is one of the exceptions mentioned in Art. 114.2 TRLGDCU, which states that the legal warranty does not apply to the provision of services other than digital services, regardless of whether the company/entity used digital forms or means to obtain the result of the service or to deliver or transmit it to the consumer or user.
  In any case, the provisions in Title IV (Warranties and Post-Sale Services) of the TRLGDCU regarding the legal conformity warranty will apply to these contracting terms.
4. OBJECTIVE OF THE CONTRACTING TERMS
  These contracting terms aim to regulate the sale conditions of the services offered by the company/entity on this website. These conditions regulate the sales and/or contracting relationship created between the company/entity and you when you accept the corresponding box during the online purchase and/or contracting process.
  The characteristics of the services acquired and/or contracted appear on the website.
  The contracting of any of the services offered through the website www.parkfly.info entails acceptance and compliance with these General Terms and Conditions and the particular conditions that apply to the contracting of each service.
  The applicable prices for the services contracted by you are those indicated on the website at the time of contracting and/or acquisition. VAT is included in the price.
  All the technical means and requirements needed to access the website and the services offered on it are the exclusive responsibility of the customer/user.Once you access the website, to proceed with the acquisition and contracting of the different services, you must follow all the instructions and indications set out on the website, completing the required contracting conditions and other forms set for each service, which will imply reading and accepting these General Terms and Conditions, as well as the particular conditions that may apply.
5. CONTRACTING PROCEDURE
  The services must be contracted through the specific selection of the desired service using the purchase selection tools on the website. Once the purchase request has been selected and verified, you must expressly accept the contracting conditions as shown on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you carefully read these General Terms and Conditions and print them out or save them in electronic format.
  To contract any of the services on the website, you must register your personal and/or professional data. In some cases, you must set up a username and password that will allow you to access areas requiring this prior identification. When you register your personal data on our website, or when you contract one of our services, your personal and/or professional data will be incorporated into our database and will be used solely for processing the sale of the contracted service during the selected period and for sending you information or offers of similar services that may be of interest to you. At any time, you can modify the data in your customer registration (address, contact phone, email address, etc.).
  Purchase/Contracting Procedure:
  1. To begin contracting and/or acquiring a service from the website, you must follow the instructions on the page and select the service you wish to contract. You will be able to view and control the selected service by following the purchase and/or contracting instructions on the website. When selecting the service on the website, you will be able to view the service's characteristics and price. We will also specify whether or not VAT is included in the final price of the selected service and the contracting conditions, including information regarding costs. VAT is included in the price.
    Once the services have been selected, you must proceed to payment. Before confirming payment, we will inform you again of the price of the services you selected, specifying whether or not VAT is included in the final price of the selected service, the contracting conditions, including information regarding the date of service delivery, and we will also inform you if there are any additional costs, specifying the amount of the same. In any case, you will be informed of the service's costs if they are not included in the final price of the purchase or contracting of the selected service.
    You will also receive information regarding the possibility of applying discounts. At this point, you can continue shopping or proceed to payment and/or contracting.
  2. To make the contracting and payment of the service, you must fill out a form with the data requested. The data required to proceed with the purchase and payment will be marked with an asterisk.
    Once the mandatory personal data is entered in the contracting and payment form, you must accept the contracting and purchase conditions by marking the corresponding box. Additionally, you must expressly accept the processing of your personal data for the purpose of acquiring and/or contracting the services on the website by marking the privacy policy and data processing box. You may also request, by checking the corresponding box, to receive newsletters and offers from the company/entity. And confirm the billing address.
  3. The accepted payment methods by the company/entity are:
    Visa
    MasterCard.
  4. For the company/entity, the security of its customers is essential […]. Therefore, to protect the transmission of confidential information, the website uses an encryption protocol via an SSL Security Certificate. The SSL encryption technology protects financial transactions and the flow of data (name, address, credit card number, etc.), allowing operations to be carried out securely. For payment with Visa and Mastercard credit cards, the customer must have CES (Secure Electronic Commerce) payment enabled. You can distinguish if the Secure Electronic Commerce protocol is activated by the logos of VISA "Verified by VISA" and Mastercard "Mastercard Secure Code".
    In all operations, the system performs a validation with the issuing bank of the card being used for payment, requesting a PIN / signature / security code that the customer must have, which, together with the card number, expiration date, and the 3 digits on the back, guarantees the security of the operation. This PIN / signature / security code is called the CES Security Code or Secure Electronic Commerce Code. The customer's credit card data will be completely confidential (neither the company/entity nor third parties will have access to it).
    If the payment is denied by the card, the service contracting will be automatically canceled, informing the customer of the cancellation by electronic means.
  5. Finally, you must confirm the contracting and/or acquisition of the selected products and/or items.
6. PRICE AND AVAILABILITY OF THE SERVICE.
  The applicable prices for each service are published on the website and indicated for each service. The prices of the services are reflected in euros.
  Prior to accepting the contracting and/or acquisition, the prices of each of the selected and/or contracted services will be clearly specified, along with the costs applicable to the operation and any promotions or discounts that may apply.
  The company/entity reserves the right to modify its prices at any time. In case of price modification, services will be billed according to the price in effect at the time of registration for contracting and/or acquisition.
  Any payment made to the company/entity will result in the issuance of an invoice in your name.
  For any information about the contracted and/or acquired service, you should contact us by email at parkflydavid@hotmail.com, indicating your customer/user details in the subject of the message.
7. OFFERS.
  The offers are duly marked. The services offered on the website will be available until any modification related to the product occurs, which will be announced one week in advance.
8. PARKING & FLY ASSUMES THE FOLLOWING OBLIGATIONS:
  - Provide the user, allowed access, with a space for parking the vehicle. The user declares and authorizes the company to park their vehicle in any of the spaces designated for this purpose. The company will take care of moving the vehicle and the user to these spaces when they are far from the main offices.
  - Collect the user's personal data, including the day and time of entry, in the company's computer system, generating an entry report. The report or, where appropriate, the electronic report will include the identification of the vehicle and whether or not the user has handed over the keys to the parking attendant.
  - Return the vehicle to the user or holder of the receipt in the condition in which it was handed over. Users are informed that non-fixed and removable accessories, such as personal items and mobile phones, must be removed by users when leaving the vehicle at the company. The company will not be responsible for returning these items in case of theft.
  - The entity has complaint forms in accordance with Law 3/2014, of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.
  - The company does not have a special service that allows it to accept or be responsible for any object or item introduced by the user in their vehicle. That is, the company is not responsible for any valuable item left in the vehicle. There will be no indication outside the company suggesting the provision of custody and/or valuables service beyond what is provided in Article 1C of Law 40/2002, of November 14, regulating the parking contract.
9. COMPLAINTS, COMPLAINTS AND INQUIRIES.
  If you are a consumer and have any inquiries, incidents, complaints, or claims after acquiring our products or services, the company offers a Customer Service at the email: parkflydavid@hotmail.com
  You can also make inquiries or submit complaints and claims through the phone 971745660 or in writing at CMNO SON MOSSONS S/N AEROPUERTO 07611 PALMA DE MALLORCA, BALEARES.
  Complaint forms are available to consumers, which can be consulted at the following link: https://caib.es/sites/consumidor/es/full_de_reclamacions_i_cartell_informatiu/archivopub.do?ctrl=MCRST19ZI337329&id=337329 or at the following website https://caib.es/sites/consumidor/es/full_de_reclamacions_i_cartell_informatiu/ or request by email.
  Once we receive the complaint or claim, we will provide a registration number for the submitted complaint or claim and issue an acknowledgment confirming the receipt of the complaint.
  If we do not satisfactorily resolve a complaint you have made, as a consumer you may go to the competent authorities and file a complaint before the corresponding consumer protection authorities, which can be consulted at the following links:Local level: https://cidoc.consumo.gob.es/directorio-mapas/oficinas-municipales-informacion-consumidor
  Regional level: https://www.dsca.gob.es/es/consumo/cooperacion-institucional/organismos-autonomicosconsumo
  State level: https://consumo.sede.gob.es/procedimientos/index/categoria/1426/language/es_ES
  EU level: https://portal-cec.consumo.gob.es/
  The company/entity informs the customer that it is not affiliated with any alternative dispute resolution entity or consumer arbitration system, nor is it obligated by any rule or code of conduct to participate in the procedure before a specific entity.
  This clause does not apply if you are a company or professional entrepreneur unless you are considered a consumer under the terms established in Art. 3.1 of the TRLGDCU.
10. RETURN POLICY
  Once the service has been contracted and paid for, the amount paid will not be refunded. However, if the service is not used, you may opt to receive a usage voucher that can be redeemed for a future occasion. This voucher will be valid to be used on another day, subject to availability and according to the conditions established by the company.

CONTRACT FORMATION.
Contracts will be considered concluded and will produce all the effects provided by the legal system when consent and the other necessary requirements for their validity are met, and will be governed by the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI), Articles 23 and 24, in the Civil Code, the Commercial Code, and other applicable civil or commercial laws. If you are a consumer, this contract will be considered concluded at your habitual residence. If you are a professional or entrepreneur, this contract will be considered concluded in the locality of the company's/entity’s registered office and/or establishment.
COMMERCIAL REVIEW INFORMATION
In accordance with Article 20 of the TRLGDCU, we inform you that the company/entity cannot guarantee that the reviews published on the website or on our social media profiles have been made by customers or users who have used or contracted our products or services.
CLAUSES AND CONDITIONS APPLICABLE TO THE CONTRACTED SERVICE
1. The minimum duration of the contract is set, without prejudice to the legally established extensions, at: ONE YEAR, SIX MONTHS, OR BY DAYS. If the contract is rescinded by the CLIENT before the minimum term has expired, since the price already paid for the stay of their vehicle is based on the exact duration of one year/six months, the termination of the contract before the TWELVE/SIX FIRST MONTHS already paid will result in the CLIENT having to bear the cost of the remaining months until the end of that period, with "Parking & Airporttransfer, S.L" having no obligation to refund any amount for it.
2. If neither party terminates the contract one month in advance, it will be understood to be extended in accordance with the current regulations. In the case of long-term contracts, the renewal will occur as long as the customer has paid the renewal price before the expiration of the current contract. The contract price will be fixed and agreed upon at the start, regardless of revisions in future renewals.
3. “Parking & Airporttransfer, S.L” reserves the right not to renew the contract with the CLIENT without any cause, notifying them of this resolution at the end of the contract.
4. The CLIENT will deposit only the key of their vehicle at the offices of “Parking & Airporttransfer, S.L”. “Parking & Airporttransfer, S.L” is not responsible for the loss or deterioration of any other key, remote, or other objects on the keychain.
5. The CLIENT must not leave valuable items in the vehicle. “Parking & Airporttransfer, S.L” is not responsible for the loss, theft, or deterioration of these items.
6. The CLIENT will deposit their vehicle at the “Parking & Airporttransfer, S.L” facilities and it will be parked during the term of the contract in one of the areas designated by the Company for this purpose, and may be moved within the different registered properties depending on space needs, organization, and services.
7. The CLIENT must notify “Parking & Airporttransfer, S.L” at least 24 hours in advance for the pickup of their vehicle or changes to the scheduled pickup date.
8. If the CLIENT has not reserved and paid for parking in advance through the “Parking & Airporttransfer, S.L” website, they will pay the contract price and all services provided when retrieving their vehicle, counting the number of calendar days from the date of deposit, regardless of the time of deposit and retrieval.
9. The vehicle pickup can only be done by the CLIENT. The vehicle will only be delivered to a person other than the CLIENT with prior written authorization (via email) to “Parking & Airporttransfer, S.L”, with identification of that person by DNI, NIE, or passport.
10. If the CLIENT wishes to contract any other service besides parking with “Parking & Airporttransfer, S.L”, they must notify it in advance and “Parking & Airporttransfer, S.L” will ensure it is provided. The CLIENT must verify that the vehicle is functioning correctly and that there is no damage when picking it up, and that the closures are working correctly, and the hood is properly closed before leaving the premises.
11. Other benefits, such as vehicle washing, will be offered by the Company and specifically agreed with the CLIENT, subject to availability of “Parking & Airporttransfer, S.L” to perform them as a commercial gesture to the CLIENT.
12. The CLIENT's vehicle repair will be carried out by “Parking & Airporttransfer, S.L” after evaluation by the company, in authorized and agreed workshops. After the fifth day of the vehicle’s stay at the workshop, once repaired, the customer will be charged for it as a parking day. In case of vehicle damage, to avoid inconvenience and waiting, “Parking & Airporttransfer, S.L” reserves the right to repair the damage without prior notice to the CLIENT, as long as the damage is considered minor-normal and easy to fix, either bodywork, painting, or mechanical, and as long as it is caused by “Parking & Airporttransfer, S.L” and considered the best option for the CLIENT.
13. The vehicle deposited by the CLIENT is guaranteed against theft or fire through civil liability insurance contracted by “Parking & Airporttransfer, S.L”. The conditions of assessment and execution of these guarantees are those established in the policies.
14. “Parking & Airporttransfer, S.L” is only responsible for the damages caused to the vehicle deposited by the CLIENT by its staff at its facilities, excluding any damages caused by the natural wear of the vehicle. Any claim must be made before the vehicle is retrieved from “Parking & Airporttransfer, S.L” facilities, and it may repair the damage at one of its authorized and agreed workshops. “Parking & Airporttransfer, S.L” is not responsible for any mechanical and/or electrical failures that may appear in the vehicle deposited by the CLIENT during its stay at its facilities.
15. The company may use the procedure provided in Article 86 of Law 18/2009, of November 23, which amends the article in the Law on Traffic, Circulation of Motor Vehicles, and Road Safety
16. In accordance with the provisions of Regulation (EU) 679/2016 and Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights (LOPDPGDD), the following data protection information is provided: Responsible: PARKING & AIRPORTTRANSFER S.L., CIF: B07859325, Postal Address: CMNO SON MOSSONS S/N AEROPUERTO, C.P.: 07611, PALMA DE MALLORCA, Phone: 971745660, Email: parkfly@parkfly.com, Data Protection Officer: Contact: / http://www.protecmir.com / Email: protecmirlegal@protecmir.com. PURPOSE: At PARKING & AIRPORTTRANSFER S.L., we process the information you provide to deliver the requested service. The personal data provided will be kept as long as they are useful for the indicated purpose and, in any case, during the legal periods and for the time necessary to attend to any responsibilities arising from the processing. LEGAL BASIS: The processing of your personal data is based on the execution of a contract, compliance with a legal obligation, and your consent, in accordance with the provisions of Regulation (EU) 679/2016 (art. 6.1. A, B, and C) and the LOPDPGDD. RIGHTS: You can exercise your rights of access, rectification, deletion, portability, limitation, and opposition to the processing of your personal data, as well as the right not to be subject to decisions based solely on automated processing of your personal data by emailing parkflydavid@hotmail.com. You have the right to file a complaint with the supervisory authority: Spanish Data Protection Agency (www.agpd.es).
17. The CLIENT must deliver the Vehicle in full mechanical condition, in perfect working order, and with all the required technical reviews and inspections, and with all the legally required documentation, ensuring the availability of the Vehicle for the CLIENT and its movement by the company’s employees under the terms of clause 4).
18. The Company is not responsible in any case for damages to the CLIENT's vehicle batteries, nor for the correct operation of them when the CLIENT picks up the vehicle from the company’s facilities.
19. The “TIEFGARAGE” parking, located at the same airport, will be considered as covered, depending on availability, with a price of 1,299 € VAT INCLUDED.
20. The Company is not responsible for damages that may occur to the tires and/or rims, or for punctures or any embedded items in the CLIENT's vehicle wheels.
21. The vehicle will always be washed by machine for rinsing and then manually. Park & Fly may wash the vehicle outside the establishment and/or the Park & Fly Vehicle Deposit Center when deemed necessary.
22. The employees of Park & Fly must be able to lower the vehicle windows to carry out their work when heat or other circumstances make it necessary. Park & Fly will not assume any responsibility in cases where the vehicle window is damaged and cannot be closed again. Park & Fly will not be responsible or obligated to repair the window if it is damaged and/or cannot close correctly in the scenario described above.
23. The employees of Park & Fly are over 25 years old. The CLIENT understands that in the event of an accident, Park & Fly will not assume any responsibility if the CLIENT's vehicle insurance policy requires a different age for coverage compared to Park & Fly employees.
24. Park & Fly is not responsible for the breaking of glass (due to thermal effects) that occurs at the facilities as long as this breakage results from impact or prior damage to the vehicle before contracting the parking service. It is also not responsible for fractures caused by the contraction of glass due to temperature changes from cold to heat.
25. Clients who request an ITV (Technical Vehicle Inspection) are informed that, in case of an accident during the vehicle’s transport to the ITV Center, they are responsible for reporting the incident to their own vehicle insurance, exempting Park & Fly from this obligation.
APPLICABLE LAW AND JURISDICTION.
These general terms will be governed and interpreted in accordance with Spanish legislation on anything not expressly established. The parties submit to the jurisdiction of the competent Courts and Tribunals for any issues or actions arising from the provision of the website service and its services and content, and the interpretation, application, compliance, or breach of the established terms in these general conditions. If you are a consumer, the competent Courts and Tribunals will be those provided for under the current consumer legislation, in which case the competent court will be the one corresponding to the consumer’s domicile or the place of performance of the obligation.