S1 Center Car Park, Hradec Králové – Věkoše

PARKING AGREEMENT — Rules of Operation of the Car Park in Hradec Králové, Věkoše

Informative translation — Czech version prevails. This English text is an informative translation provided solely for the convenience of the User. It has no contractual force. The only binding wording of this Agreement is the Czech original, published at https://bonzpatrol.cz/park/hkv. In the event of any discrepancy, inconsistency or difference of interpretation between this English translation and the Czech original, the Czech original shall prevail and shall be decisive for the rights and obligations of the parties.

Glossary of defined terms (translator’s aid, not part of the Agreement). Each Czech defined term has exactly one English equivalent, used consistently throughout: Parkoviště = the Car Park · Provozovatel = the Operator · Uživatel = the User · nájemní smlouva / Smlouva = lease agreement / the Agreement · Bezplatné parkování = Free Parking · Parkovné = the Parking Fee · Parkovací období = the Parking Period · Maximální doba = the Maximum Duration · Služba = the Service · parkovací oprávnění = parking entitlement · výhrada = objection · smluvní pokuta = contractual penalty · daňový doklad = tax document · provozovatel vozidla = registered operator of the vehicle (as distinct from the Operator).

1. Introductory Provisions

1.1 This agreement (rules of operation) governs the conditions for the operation and use of the car park situated on land plots reg. nos. 245/8 and 245/19 in the municipality of Hradec Králové, cadastral district of Věkoše (the “Car Park”). The operator of the Car Park is BonzPatrol s.r.o., Company No. (IČO): 22199357, with its registered office at U Výstaviště 1286/21, 170 00 Prague 7, VAT No. (DIČ): CZ22199357 (the “Operator”).

1.2 The owner, the registered operator or any other user of a vehicle who drives a vehicle into the Car Park, or who parks or otherwise leaves a vehicle in the Car Park (the “User”), enters, by such conduct, into this lease agreement (the “Agreement”) with the Operator, and does so at the moment of the actual entry of the User’s vehicle into the Car Park. The provisions of the Agreement are published in a visible place at the entrance to the Car Park and by remote access at https://bonzpatrol.cz/park/hkv or by means of the QR code placed on the signage at the entrance.

1.3 Option to withdraw. If the User does not agree with the terms of the Agreement, the User may leave the Car Park within 15 minutes from entry; in such a case the Agreement is cancelled from the outset. Such a visit is not charged for (Art. 3.1(a)). If, however, the User purchases a parking entitlement under Art. 3.5(a) within that time, the User thereby expresses consent to the terms of the Agreement and Art. 3.3(e) applies. The obligations under Art. 4 are not affected thereby for as long as the vehicle is present in the Car Park.

Parking at a Glance

Visit of up to 15 minutes	free of charge
First 2 h from entry	free of charge
Thereafter	CZK 50 for each commenced hour of actual presence (incl. VAT)
Maximum	6 hours from entry; parking for longer is not permitted
New 2 h free of charge	after 2 or more hours from the end of the preceding parking period
Payment	pay.bonzpatrol.cz, no later than 24 h after the end of the parking period
In the event of a breach	contractual penalty of CZK 750 incl. VAT, no more than one per vehicle and day irrespective of the number of breaches + any outstanding Parking Fee in addition

This summary is indicative only; the full wording of the Agreement is decisive.

2. Access to the Car Park

2.1 The Car Park is intended exclusively for the entry and parking of road motor vehicles with a maximum permissible weight of up to 3.5 t and of single-track vehicles. The entry and parking of other vehicles, in particular vehicles with a weight exceeding 3.5 t, is prohibited.

2.2 The Car Park is operated as a self-service, unguarded parking facility with year-round 24-hour operation. The Operator is entitled to close access and entry to the Car Park temporarily where this is necessary, in particular for operational, technical, safety or maintenance reasons, by reason of weather conditions or on the basis of a decision of a public authority; where possible, it shall announce the closure in advance on the signage at the entrance and at https://bonzpatrol.cz/park/hkv. The right of Users whose vehicles are present in the Car Park at the moment of closure to leave the Car Park with them (Art. 3.5) is not affected thereby.

2.3 The Operator is not liable for any harm to vehicles present in the Car Park, to items forming their accessories, or to items which are not their accessories and which the User or any third party leaves in the vehicle. Users further acknowledge that they enter the Car Park and leave their vehicles in the Car Park at their own risk. This is without prejudice to liability which cannot be excluded under the law.

3. Parking and Price

3.1 What is free of charge. Parking in the Car Park is free of charge as follows:

a) a visit to the Car Park not exceeding 15 minutes (from the entry to the exit of the vehicle) is not charged for, even if it falls wholly or partly within the time after Free Parking has elapsed; such a visit is not counted towards the chargeable period of presence under Art. 3.2;

b) the first two (2) hours from the moment of the entry by which the Parking Period begins (Art. 3.3) are free of charge (hereinafter “Free Parking”), irrespective of the number of exits and re-entries of the vehicle within that period. Free Parking runs as a continuous time window from the moment of entry; the time during which the vehicle is not present in the Car Park neither suspends nor extends the running of that window.

3.2 Paid parking. After Free Parking has elapsed, the period of actual presence of the vehicle in the Car Park is charged for (with the exception of visits under Art. 3.1(a)), at the rate of CZK 50 for each one (1) commenced hour (hereinafter the “Parking Fee”). Where the User pays the Parking Fee subsequently according to the time actually used (Art. 3.5), the chargeable period of presence within the same Parking Period (Art. 3.3) is aggregated and the rate per commenced hour is applied to that aggregate total. Prices are inclusive of 21% VAT.

3.3 Parking Period and repeated entry.

a) The period from the entry of the vehicle into the Car Park until the exit after which the vehicle does not re-enter the Car Park sooner than 2 hours later constitutes one parking period (hereinafter the “Parking Period”).

b) If the vehicle re-enters the Car Park sooner than 2 hours from its last exit, the same Parking Period continues: no new Free Parking arises (only any remainder of the original two-hour window may be used) and the interruption neither suspends nor extends the Maximum Duration (Art. 3.4), which continues to be counted from the entry by which the Parking Period began. Even in such a case, however, the User pays only for the period of actual presence of the vehicle after Free Parking has elapsed pursuant to Art. 3.2; the period of absence is not payable.

c) A new Parking Period — with new Free Parking and a new Maximum Duration — begins upon the entry of the vehicle after 2 or more hours have elapsed from the exit by which the preceding Parking Period ended.

d) Visits under Art. 3.1(a) are disregarded: a Parking Period neither begins nor ends by reason of such a visit, and the two-hour interval under points a) to c) is calculated continuously, as if such a visit had not taken place.

e) If the User purchases a parking entitlement during a visit (Art. 3.5(a)), the User thereby expresses consent to the terms of the Agreement; the option to leave the Car Park with cancellation of the Agreement under Art. 1.3, which applies only in the event of disagreement, therefore does not arise for the User. Such a visit is counted towards the Parking Period and towards the Maximum Duration (Art. 3.4) even if it did not exceed 15 minutes; neither the Parking Period nor Free Parking starts afresh as a result. The fact that a short visit is not charged for under Art. 3.1(a) remains unaffected. If the User leaves the Car Park with the vehicle within 15 minutes from entry without having drawn on the purchased entitlement, the Operator shall refund the payment at the User’s request by the procedure under Art. 7.1.

Example: if a vehicle enters at 8:00, Free Parking lasts until 10:00. If the vehicle leaves at 10:00 and returns at 11:30 (sooner than 2 hours later), the same Parking Period continues — no new two free hours arise and only the period of presence from 11:30 is payable (for instance, if it leaves at 12:15, this is 45 minutes, i.e. one commenced hour = CZK 50); the period of absence between 10:00 and 11:30 is not payable and the Maximum Duration of the Parking Period (6 hours from the entry at 8:00, including the period of absence) elapses at 14:00. If, on the other hand, the vehicle returns only at 12:00 or later (2 or more hours after the exit), a new Parking Period begins with new Free Parking of 2 hours.

3.4 Maximum Duration of the Parking Period. A Parking Period (Art. 3.3) may last no longer than 6 hours from the entry by which it begins (hereinafter the “Maximum Duration”). The Maximum Duration runs continuously; interruptions shorter than 2 hours are counted towards it. It is a breach under Art. 5.1(c) of the Agreement if the User leaves the vehicle in the Car Park after the Maximum Duration has elapsed; visits under Art. 3.1(a) are disregarded for this purpose. The period of actual presence of the vehicle beyond Free Parking is, even in such a case, charged for pursuant to Art. 3.2, in addition to the Operator’s claims under Art. 5.

3.5 Payment of the parking fee. The User is obliged to pay for the period beyond Free Parking:

a) in advance, by purchasing a parking entitlement for a chosen number of hours (at the latest until the expiry of the Maximum Duration under Art. 3.4), or

b) subsequently, according to the time actually used, no later than within 24 hours from the exit by which the Parking Period ends (Art. 3.3).

Payment is made exclusively online through the payment portal pay.bonzpatrol.cz, by any of the payment methods currently offered by that portal (for example, by payment card):

Official QR code for payment of the Parking Fee — see below.

If the User leaves the Car Park without having paid the Parking Fee at the latest within the period under point b), this constitutes a breach under Art. 5.1(d) and the Operator is entitled to demand a contractual penalty under Art. 5.1. If the User pays the Parking Fee at a time when the vehicle is present in the Car Park, the User may leave the Car Park with the vehicle within 15 minutes from the successful completion of the payment; if the User does so within that period, the time from payment to exit is not charged for and any part of it exceeding the Maximum Duration is not regarded as a breach, provided that the payment was made before the Maximum Duration elapsed. The exit period runs exclusively from the moment the payment is made — it does not arise, nor does it start afresh, merely by the expiry of a period paid for in advance — and it cannot be extended by repeated or partial payments. A tax document is issued for every payment of the Parking Fee; if the User enters an e-mail address when making the payment, the tax document is automatically sent to that address, otherwise the Operator shall provide it upon request.

A purchased parking entitlement is valid until the end of the period paid for; the period paid for follows on without interruption from the end of Free Parking, or from the end of a period paid for earlier. The period paid for is not drawn down according to the actual period of presence of the vehicle, is not aggregated on a running basis according to individual entries and exits, and is not carried over into the next Parking Period; if the User leaves the Car Park with the vehicle before the end of the period paid for by the User’s own decision and not for a reason on the Operator’s side, the payment is neither refunded nor reduced in respect of the unused part. If the purchased entitlement does not cover the whole period of presence, the User shall pay for the remaining period subsequently under point b). Any closure of the Car Park under Art. 2.2 does not prevent Users whose vehicles are present in the Car Park at the moment of closure from leaving the Car Park with them; if the User leaves the Car Park with the vehicle by reason of its closure before the end of the period paid for, this is not regarded as a breach of the Agreement and the Operator shall refund to the User the payment for the unused part of the period paid for by the procedure under Art. 7.1. This is without prejudice to the rights of the User as a consumer under the Czech Civil Code.

4. Obligations of Users

4.1 Users of the Car Park are obliged to:

• pay the Parking Fee in the amount, in the manner and within the period under Art. 3.5;
• exercise increased caution when driving and moving within the Car Park, and follow the instructions of the Operator or of persons authorised by it, where present;
• comply with the rules of road traffic, including to the extent to which they do not apply to the Car Park directly by law, in particular with the traffic signs and the maximum permitted speed;
• park their vehicles precisely within the marked parking bays and thus not encroach upon adjacent parking bays;
• not restrict or endanger other Users of the Car Park or any other persons, and, after parking the vehicle, secure it sufficiently against movement, lock it and leave the premises of the Car Park without delay;
• conduct themselves so as not to cause harm to the health or property of other Users of the Car Park, of the Operator or of third parties, and, should such damage occur, report this fact immediately to the Operator at podpora@bonzpatrol.cz.

4.2 Within the Car Park it is prohibited to:

• park or stop a vehicle in places other than those designated for that purpose;
• smoke or handle open flames, fuels, oils, or dangerous and harmful substances;
• carry out any maintenance, repairs, adjustments or washing of vehicles;
• deposit or store objects of any kind;
• otherwise devalue, damage or destroy property within the Car Park.

4.3 Objections to a payment or to the Service. If the User has an objection to the Service provided or to a payment made, the User may raise it with the Operator by e-mail to reklamace@bonzpatrol.cz, in writing to the address of the Operator’s registered office or by means of the form on the Operator’s website. This is without prejudice to the User’s right to use other means of protection afforded to the User by legal regulations. The manner of and the time limit for dealing with the objection are governed by Art. 7.1.

The User is liable to the Operator for damage which the User causes to it by intentionally stating untrue or grossly distorted facts to the payment service provider in connection with challenging a payment transaction, in particular by knowingly designating as unauthorised a payment transaction which the User authorised. This does not apply where the User exercises in good faith the right to rectification of an unauthorised or incorrectly executed payment transaction or another right afforded to the User by legal regulations.

5. Contractual Penalties and Other Consequences of a Breach of the User’s Obligations

5.1 If the User:

a) parks a vehicle outside a marked parking bay or in such a way that it encroaches upon another parking bay, or

b) parks in the Car Park with a vehicle which does not meet the parameters set out in Art. 2.1 of the Agreement, or

c) leaves a vehicle in the Car Park after the Maximum Duration under Art. 3.4 of the Agreement has elapsed, or

d) leaves the Car Park without having paid the Parking Fee at the latest within the period and in the manner under Art. 3.5 of the Agreement,

the Operator is entitled to demand payment of a contractual penalty in the amount of CZK 750 including VAT. Within the same calendar day, the Operator is entitled to no more than one contractual penalty for breaches of obligations caused by the use of one vehicle, even in the case of multiple breaches under points a) to d) or of multiple Parking Periods (Art. 3.3) on that day. The amount of the contractual penalty takes into account the Operator’s costs associated with asserting the claim, in particular the administrative fee for the provision of data on the registered operator of the vehicle from the register of road vehicles and the costs of processing the case. The contractual penalty is payable within the period stated in the payment demand. The contractual penalty is without prejudice to the User’s obligation to pay any outstanding Parking Fee (Art. 3.2 and 3.5); the outstanding Parking Fee is payable in addition to the contractual penalty. In addition to the contractual penalty, the Operator is also entitled to demand, in full, compensation for damage and/or for any other harm arising as a result of the User’s breach of obligations.

5.2 In the event of a breach under Art. 5.1(a), (b), (c) of the Agreement, the Operator is further entitled to have the User’s vehicle towed away at the User’s expense. In such a case the User is obliged to reimburse the Operator for the costs incurred in towing the vehicle away to a secure place chosen by the Operator. The Operator is obliged to release the towed vehicle to the User or to another person who proves a right to dispose of the vehicle, without undue delay after payment of the Operator’s claims arising in connection with that vehicle has been proved to it.

5.3 The User acknowledges that the Operator may make visual, photographic or CCTV recordings of vehicles placed in the Car Park for the purpose of monitoring compliance with the parking conditions, on the basis that it is entitled to use them in any proceedings for the satisfaction of its claims against the User under the Agreement.

6. Provision of the Service and Evidence of its Provision

6.1 The Service means enabling a vehicle to be parked and to remain in the Car Park at a particular time and in a designated place under the conditions of the Agreement. The Service is provided at the moment when the User is enabled to drive the vehicle into the Car Park and to have it remain there; its provision is not conditional upon whether the User has in fact made use of the parking area, or of the whole of it.

6.2 The provision of the Service and its extent (time of entry and exit, vehicle registration number, place), as well as the execution and authorisation of the payment, are proved in particular by the records of the CCTV system with registration-number recognition and by the photographic documentation under Art. 5.3, and by the payment record provided by the payment service provider (authorisation, transaction identifier, time, amount). This is without prejudice to the User’s right to submit evidence to the contrary.

7. Complaints, Disagreement with a Payment, Personal Data Protection and Out-of-Court Dispute Resolution

7.1 The User has the right to raise an objection, a challenge or a complaint by the procedure under Art. 4.3. The Operator shall deal with it without undue delay, at the latest within 30 days from the date of its delivery; if the objection is justified, it shall promptly refund the corresponding amount to the User by the same means by which the payment was made, unless the parties agree otherwise. This is without prejudice to the User’s other rights as a consumer under the Czech Civil Code.

7.2 The Operator processes the User’s personal data (in particular the vehicle registration number, photographic records and data on the transaction carried out — the amount, time, identifier and result of the payment) for the purpose of performance of the Agreement and protection of its legitimate interests, in accordance with Regulation (EU) 2016/679 (GDPR). The full payment card number, its expiry date and the security code are processed exclusively by the payment gateway provider; the Operator has no access to them. The Operator processes only the card brand and the last four digits of the card number, for matching the payment and handling complaints. Further information is set out in the Operator’s Personal Data Processing Policy available at bonzpatrol.cz/gdpr.

7.3 The Czech Trade Inspection Authority (Česká obchodní inspekce; coi.gov.cz, coi.gov.cz/informace-o-adr) is competent for the out-of-court resolution of consumer disputes arising from the Agreement.

8. Payment Security and Protection against Fraud

8.1 All online payments to the Operator are made exclusively through the payment portal at pay.bonzpatrol.cz. The payment page always states the identification of the Operator (BonzPatrol s.r.o., Company No. (IČO): 22199357). After scanning the QR code, always check that the address in your browser is exactly pay.bonzpatrol.cz and that the connection is secure (https).

8.2 The official QR code is printed directly on the permanent signage at the entrance to the Car Park as part of its print and forms part of these rules of operation. The Operator never places QR codes in the form of stickers applied afterwards. If a QR code is stuck over, damaged or placed anywhere other than on the permanent signage (in particular on a vehicle, on a ticket under a windscreen wiper, on a leaflet or on a temporary sign), do not scan it and do not pay.

8.3 The Operator never:

• sends payment links by SMS or e-mail;
• requests payment card details by telephone, by e-mail or by SMS;
• collects payments in cash on site or through authorised persons;
• requires payment by vouchers, by cryptocurrencies or to foreign payment accounts.

8.4 Payment of the contractual penalty and of other claims under Art. 5 is governed by the payment demand delivered and may also be made by bank transfer; a genuine demand always contains the vehicle registration number, the date of the breach, the case reference and evidence material from the camera system. The authenticity of the demand and of the payment details stated in it can be verified before payment at podpora@bonzpatrol.cz.

8.5 If you have any doubt as to the authenticity of the payment page, of the QR code or of the payment demand, do not pay and contact podpora@bonzpatrol.cz. If the User raises such a doubt before the expiry of the period for payment of the Parking Fee under Art. 3.5(b), no contractual penalty under Art. 5.1(d) shall be applied against the User for the duration of the handling of the enquiry, provided that the User pays the Parking Fee without undue delay after the Operator has confirmed the authenticity of the payment details.

8.6 If you discover a QR code stuck over or otherwise suspicious, suspicious signage or a suspicious payment demand, please report this to podpora@bonzpatrol.cz.

Validity and Effectiveness

Valid and effective from: ____________________ · version 0.4

BonzPatrol s.r.o.

Operator