General Terms of Use of the “123 Park Private” Platform

Effective date: 01.09.2026

GENERAL PROVISIONS

These General Terms govern the following subject matter:

• Purpose and subject matter of the Terms
• Service Provider
• Legal nature of the Platform
• Definitions
• Commercial models
• Users of the Platform
• Payments
• Acceptance of the General Terms
• User account and user profile
• Support
• Privacy
• Limitation of liability
• Intellectual property
• Final provisions

1. PURPOSE AND SUBJECT MATTER OF THE TERMS

These General Terms of Use (the “General Terms” or “Terms of Service”) govern the rights and obligations of all users when using the “123 Park Private” digital platform (the “Platform”).

These General Terms constitute a single contractual framework for the use of the Platform in all countries in which the service is available.

Matters that depend on national legislation (governing law, currency, tax treatment, consumer rights, fiscalisation, jurisdiction, local support and other mandatory rules) are governed by a separate “Country Annex”, which forms an integral part of these General Terms.

The following also form an integral part of these General Terms: the Privacy and Personal Data Protection Policy, the Cookie Policy, the Price List published on the Platform, the Terms of Sale and Warranty for Equipment and, for Owners, the Framework Agreement.

2. SERVICE PROVIDER

The Platform operates through legal entities authorised to provide the service in individual markets.

In each country the service is provided by the legal entity designated as the “Provider” in the relevant Country Annex.

The name “123 Park®” is a registered trade mark and the name of the platform and does not constitute a separate legal entity.

Where the service is provided by several affiliated legal entities, their mutual relations do not affect the rights and obligations of Users established by these General Terms.

3. LEGAL NATURE OF THE PLATFORM

“123 Park Private” is a digital platform through which the Provider organises, manages and provides services relating to the short-term use of parking spaces.

In accordance with the applied commercial model, the Provider acts as the lessee of the parking space in relation to the Owner, on the basis of a Framework Lease Agreement, and as the sublessor in relation to the Driver.

Upon each booking confirmed through the Platform:

• a short-term lease relationship arises between the Owner and the Provider in accordance with the Framework Agreement;
• the Provider makes the specific parking space available to the Driver by way of a short-term sublease;
• the Booking Confirmation constitutes electronic evidence of the creation of the specific contractual relationship.

The Provider manages the Platform, collects payments, issues electronic vouchers and invoices, manages access and provides the digital infrastructure for the performance of the lease relationship.

The service comprises the right to use a parking space for a defined period of time. The service does not constitute the safekeeping of a vehicle and does not create a contract of deposit or safekeeping of property, nor any obligation to supervise the vehicle or its contents.

4. DEFINITIONS

For the purposes of these General Terms, the following definitions apply:

“Provider” means the legal entity designated in the relevant Country Annex, which develops, manages, maintains and provides the Platform and the services available through it.

“Platform” means a software solution available through a web and/or mobile application. 123 Park is a platform that connects owners of parking spaces with drivers.

“Owner” means a natural or legal person who holds title or another lawful right to dispose of a parking space and who evidences that right by appropriate documentation (title deed, contract, decision or other valid legal basis).

“Driver” means a person who holds a valid driving licence and who books and uses a parking space through the Platform. Upon electronic acceptance of the booking through the Platform, a contractual relationship for the use of a parking space is deemed to have been established.

“User” means any person who uses services through the Platform.

“Parking Space” means an area intended for parking vehicles of the relevant user category.

“User Account” means an individual electronic profile created on the Platform through which the User is identified, accesses the services and manages their data, bookings, payments, subscriptions, devices and other functionalities made available to them.

“Device” means any hardware product compatible with the Platform which enables electronic management, control of or access to a parking space, irrespective of its manufacturer or technology.

“Smart Device” means an electronic device that can communicate with the Platform via the internet, Bluetooth, a mobile network or another electronic communication technology and which enables automated management of access to a parking space.

“Subscription” means a contractual model of periodic use of certain services or functionalities of the Platform for a predetermined period of time, following prepayment in accordance with the selected package.

“Voucher” means single-purpose prepaid credit purchased by the Driver through the Platform and used to pay for bookings and parking.

“Rent” means the amount due to the Owner for an individual booking, equal to the price paid by the Driver less the Commission.

“Reimbursement Statement” means the periodic statement issued by the Provider to the Owner setting out the amounts collected from Drivers, the Commission retained, the value added tax applied and any public levies withheld, and the net amount payable as Rent.

“Payment Processor” means an authorised third party providing services for the processing of electronic payments by payment cards, digital wallets or other payment instruments, acting in accordance with applicable payment services regulations.

“Parking Session” means the period of time that begins with the start of the booked use of the parking space and ends upon expiry of the booked time or upon earlier termination of use, in accordance with the rules of the Platform.

“Booking” means an electronic request submitted by the Driver through the Platform for the use of a specific parking space for a specific period of time, which becomes binding upon its confirmation in accordance with these General Terms.

“Booking Confirmation” means an electronic confirmation issued through the Platform confirming the successful conclusion of the contract for the use of the specific parking space and setting out the basic terms of use.

“Cancellation” means the unilateral withdrawal of a confirmed booking by the Driver, the Owner or the Provider, in accordance with the conditions set out in these General Terms and the applicable Country Annex.

“Cancellation Policy” means the rules set out in Annex No. 1 to these General Terms and in the terms of the specific booking, which determine the time limits, conditions and consequences of cancelling a booking, as well as any right to a refund or to retention of the amounts paid.

“Commission” means the fee retained by the Provider from the price collected for the provision of services through the Platform, payment processing and the other services set out in these General Terms. The amount of the Commission is determined in accordance with the Price List, depending on the Owner’s subscription package and tax status.

“Availability” means the status of a parking space indicating that it is available for booking and use during a defined period of time, in accordance with the data entered by the Owner and the records of the Platform.

“Working Hours” means the period of time during which a given parking space may be booked and used through the Platform, in accordance with the settings determined by the Owner or the Provider.

“Electronic Acceptance” means any act performed through the Platform by which the User unambiguously expresses consent to the conclusion of a contract, acceptance of the General Terms, a booking, a payment or another legally relevant act, irrespective of whether it is performed by ticking a box (“click-wrap”), by electronic signature, by digital authentication or by another electronic procedure provided by the Platform.

“Digital Contract” means a contract concluded electronically through the Platform, without the physical presence of the contracting parties, which produces legal effect in accordance with applicable legislation and these General Terms.

“Electronic Record” means any electronic datum, log, timestamp, confirmation, access record or other digital information created by the Platform.

“Business Day” means any day other than a Saturday, Sunday or public holiday in the country designated in the relevant Annex.

“Platform Functionalities” means all services, modules, applications, interfaces, APIs and other functions made available by the Provider.

“Payment Instrument” means a payment card, digital wallet, bank account or other instrument used for payment through the Platform.

“Electronic Notice” means any message sent through the Platform, by electronic mail, by push notification or through another electronic channel, which is deemed duly delivered under the conditions set out in the General Terms.

“No-show” means a situation in which the Driver has a confirmed booking but does not commence use of the parking space within the envisaged period of time, without having previously cancelled the booking in accordance with the Cancellation Policy.

In the event of a no-show, the Provider may treat the booking as used, refuse a refund and apply the other measures provided for in these General Terms.

“Overstay” means the use of a parking space after expiry of the booked period, without the booking having first been extended through the Platform.

In the event of an overstay, the Provider may charge an additional fee in accordance with the price list and apply the other measures set out in these General Terms.

“Fraud” means any intentional act or attempt to obtain an unlawful benefit through the Platform, in particular by using false or stolen means of payment, false personal data, abuse of promotional offers, manipulation of bookings, unauthorised use of a user account or other fraudulent conduct.

The Provider is entitled to block the account immediately and to take all lawful measures.

“Multiple Accounts” means the opening or use of two or more user accounts by the same User for the purpose of circumventing these General Terms, obtaining unjustified benefits, using promotional offers repeatedly or avoiding restrictions imposed by the Provider.

The Provider may merge, suspend or delete such accounts.

“Abuse” means any use of the Platform contrary to its purpose, to these General Terms, to good business practice or to mandatory legal regulations, which may cause damage to the Provider, to Owners, to other Users or to third parties.

“Misuse” means the use of the Platform in a manner that is not in accordance with its technical purpose or the instructions for use, without necessarily involving an intention to commit fraud or to obtain an unlawful benefit.

Misuse may include incorrect bookings, unauthorised use of another person’s data, use contrary to the instructions or other acts that disrupt the proper functioning of the Platform.

“Temporary Suspension” means a temporary measure by which the Provider temporarily restricts the User’s access to the entire Platform or to individual services where there is reasonable suspicion of a breach of these General Terms, a security risk, fraud or another circumstance requiring further verification.

For the duration of the suspension the User is not entitled to use the restricted services.

“Permanent Suspension” means a measure by which the Provider permanently revokes the User’s right to use the Platform on account of a serious or repeated breach of these General Terms, fraud, abuse, unlawful conduct or other justified reasons set out in these General Terms or in applicable law.

Permanent suspension may include deletion of the user account, a prohibition on re-registration and other measures provided for by law.

“False Claim” means the submission of inaccurate, incomplete or falsely presented information, photographs or evidence for the purpose of obtaining a right to a refund, compensation or another benefit.

“Repeated Violations” means two or more breaches of these General Terms committed by the same User within a period determined by the Provider, constituting grounds for the application of stricter measures, including permanent suspension.

“Price List” means the set of current prices, fees, subscription packages, tariffs and other financial terms published through the Platform, which may be amended prospectively for future use.

5. COMMERCIAL MODELS

The Platform may operate under one or more commercial models. The Provider may apply several commercial models simultaneously for different categories of users or different services.

5.1. Basic model – framework lease and sublease

The basic operating model of the Platform is the framework lease and sublease model.

With an Owner who wishes to offer their parking spaces for rent through the Platform, a Framework Lease Agreement is concluded in electronic form. By signing the Framework Agreement, the Owner grants the Provider in advance the conditional right of short-term lease for every future period booked through the Platform and consents in advance to the parking space being subleased to registered Drivers.

Confirmation of a specific booking does not conclude a new contract; it automatically activates the lease agreed in advance for the booked period, without any need for further consent or the signing of a separate document.

The Rent for each individual booking is equal to the price paid by the Driver, less the Provider’s Commission.

5.2. Subscription model (Owners only)

The Owner pays a monthly or annual subscription for the use of the services of the Platform.

With an active subscription, the Owner may:

• manage their parking spaces;
• manage the devices;
• grant guest access;
• create sub-users;
• use analytical and administrative functions;
• at their own discretion, offer their parking spaces for rent.

If the Owner chooses to rent out their parking spaces through the Platform, the Provider collects payment from the Driver for the use of the parking space and, in accordance with the applied model, calculates and pays the amounts due to the Owner in accordance with the Framework Agreement.

The Commission rate is not uniform. It is determined according to the Owner’s subscription package and tax status, and the specific rates are set out in the Price List published on the Platform. A change of rate takes effect only in respect of bookings confirmed after it enters into force and does not affect bookings already confirmed.

5.3. Direct monthly lease (Model 2)

Where agreed under a separate contract, the Provider may lease parking spaces from the Owner and make them available by way of sublease in its own name.

In that case the mutual rights and obligations are governed by a separate contract which prevails over these General Terms.

6. USERS OF THE PLATFORM

Users of the Platform may be:

• Drivers;
• Owners of parking spaces;
• other persons to whom the Provider has granted the use of individual functionalities.

A legal person may use the services through an authorised natural person.

The User must have legal capacity, i.e. be at least 18 years of age, unless the mandatory law of an individual country provides otherwise.

6.1. Drivers

This part of the Terms governs Drivers exclusively, namely:

• purchase of vouchers
• bookings
• use of discounts
• obligations
• breaches
• unused credit
• consumer rights

Registration of a user account is governed by Section 9 of these General Terms.

The mobile application is free of charge.

Drivers purchase parking vouchers (prepaid credit) with which they book and pay for parking.

They may use discounts and coupons where available (e.g. referral discounts).

Consumer rights are protected in accordance with the law. Drivers are consumers and the Terms may not restrict the mandatory rights conferred by the applicable consumer protection legislation.

Vacating the space on time: the Driver is obliged to vacate the parking space when the period for which they made the booking expires. In the event of a breach, the Provider may invoice a fee in the amount of the daily parking rate for that space; in the event of repeated breaches, it may exclude the Driver from the system.

Cancellation of a booking and refunds are governed by Annex No. 1 — Cancellation and Refund Rules, which forms an integral part of these General Terms. The cancellation conditions applicable to a specific booking are displayed to the Driver before its confirmation.

Unavailable booked space: if the Driver has made a booking and the space is unavailable during the booked period, the Driver submits evidence (a photograph) and may claim compensation through the Provider’s support service.

Unused credit: the Driver may request the Provider’s support service to transfer the funds to a bank account, in which case the parking credit is reduced accordingly, but only in the event of deletion of the account.

The relations with Drivers governed by this Section are subject in particular to the definitions in Section 4 of: Cancellation Policy, No-show, Overstay, Fraud, False Claim, Multiple Accounts, Abuse, Misuse, Temporary Suspension, Permanent Suspension and Repeated Violations.

6.2. Owners

This part governs relations with owners of parking spaces, in respect of both own use and renting out to drivers.

Own use (without renting out): the Owner may use the service solely for their own needs, in order to grant one-off guest access, to create sub-users (owner users) and to monitor the use of the spaces centrally. A subscription is required in this case as well.

The equipment is purchased by them and remains their property (by order; price plus services such as installation).

Warranty: provided with the devices, with a defined warranty period per type of device. The detailed conditions are set out in a separate document.

Subscription: certain services are available only with an active subscription, for managing the devices through the mobile application and for renting out parking spaces; the Framework Agreement is concluded electronically, with an Owner who offers their parking spaces for rent through the Platform.

Subscription conditions: the user selects the package themselves; the subscription is prepaid, for a period (monthly/annual); it may be terminated at any time (remaining valid until the end of the period paid for, with no further charge); a one-off trial period is possible.

Price changes: the Provider may change the prices of the packages and of the equipment; new prices apply prospectively (for the next period / the next order) and not retroactively.

Renting out and Commission: the Provider collects payment from the Driver and pays the Owner by way of a Reimbursement Statement, less the agreed Commission.

Obligation of availability when renting out: the Owner is obliged to ensure that the parking space is available during the period for which it is booked. For this purpose the Owner may use the devices sold by the Provider, or may control access manually, in which case the Owner guarantees availability themselves. In the event of a breach, the Provider may exclude the Owner from the system.

6.2.1. The Owner has the following rights:

• Right to change the price;
• Right to change availability;
• Right to change the working hours;
• Right to withdraw a parking space temporarily;
• Right to delete a parking space permanently;
• Right to close a space temporarily for maintenance;
• Right to set a maximum duration of use;
• Right to block the calendar temporarily.

“Right to change the price” means the Owner’s right, through the functionalities of the Platform, to change the price for the use of their parking space for future bookings, in accordance with the rules of the Platform. The changed price does not affect bookings already confirmed, unless otherwise provided by these General Terms or by mandatory legal regulations.

“Right to change availability” means the Owner’s right to change the days, hours and periods during which their parking space is available for booking through the Platform. Such changes take effect only in respect of future bookings and do not affect bookings already confirmed.

“Right to withdraw a parking space temporarily” means the Owner’s right to make their parking space temporarily unavailable for new bookings for a defined period of time, without deleting it from the Platform. During the temporary withdrawal no new bookings may be made, while bookings already confirmed remain in force unless cancelled in accordance with these General Terms.

“Right to delete a parking space permanently” means the Owner’s right to remove their parking space permanently from the Platform. Permanent deletion ends the possibility of future bookings, while contractual relationships already concluded, financial obligations and other rights acquired before the deletion remain in force until fully performed.

“Right to change the working hours” means the Owner’s right to change the working hours during which the parking space may be booked and used through the Platform. The change applies to future bookings and does not affect bookings already confirmed, unless otherwise agreed or required by mandatory legal regulations.

“Right to close a space temporarily for maintenance” means the Owner’s right to make the parking space temporarily unavailable for repairs, maintenance, reconstruction, safety reasons or other justified circumstances.

“Right to set a maximum duration of use” means the Owner’s right to determine the longest period for which a parking space may be booked within a single booking, in accordance with the functionalities enabled by the Platform.

“Right to block the calendar temporarily” means the Owner’s right to mark specific dates or periods of time as unavailable for booking, without withdrawing or deleting the parking space from the Platform.

6.2.2. The Owner has the following obligations:

• to ensure the accuracy of the data;
• to ensure the availability of the booked space;
• to honour confirmed bookings;
• not to enter false or incorrect information;
• to warrant that they hold title or another lawful right to dispose of the parking space and to notify the Provider of any change to that right;
• to act in accordance with applicable regulations.

The Platform enables the Owner to register and be verified, to use the service for their own needs, to subscribe, to manage the devices, to exercise the warranty, to rent out spaces, to have the Commission calculated and refunds processed, and to manage the availability of the parking space.

7. PAYMENTS

Payments are made through a “Payment Processor”, being an authorised third party providing services for the authorisation, processing, settlement and execution of electronic payments by payment cards, digital wallets or other payment instruments, in accordance with applicable legislation. For the purposes of the Platform, the Payment Processor may be CaSys, as well as any other authorised payment service provider engaged by the Provider in the future.

“Payment Service Provider (PSP)” means a bank, payment institution, electronic money institution or other authorised entity providing payment services in accordance with applicable legislation. For the purposes of the Platform, payment service provider services may be provided through one or more authorised financial institutions and their payment systems.

“CaSys” means an electronic payment gateway through which the Platform enables the secure authorisation and processing of electronic payments by payment cards and other supported payment instruments. CaSys constitutes technical infrastructure for the processing of payment transactions and operates in cooperation with authorised payment service providers and banks.

“Payment Gateway” means a secure electronic system through which the Platform enables the initiation, transmission and protected processing of the data required to execute electronic payments by payment cards, digital wallets or other supported payment instruments. The Payment Gateway ensures secure communication between the Platform, the User, the Payment Processor and the other participants in the payment transaction, without being a contracting party in the relationship between the Provider, the Owner and the User.

The Provider is entitled to change the Payment Gateway at any time without the prior consent of Users.

The Provider is not liable for any interruption of services caused by the Payment Gateway.

The Platform may at any time use one or more Payment Gateways, including CaSys or another authorised payment service provider, without any need to amend these General Terms.

“PSD2” means Directive (EU) 2015/2366 on payment services in the internal market of the European Union, as well as any national regulation implementing or replacing it, which applies to electronic payment services through the Platform where relevant.

“3D Secure” means a security mechanism for additional authentication of the payment card holder in electronic payments, provided by the card issuer or the Payment Processor.

“Chargeback” means a procedure initiated by a payment card holder or their bank to reverse a previously executed transaction in accordance with the rules of the card schemes and applicable legislation.

“Refund” means the full return of previously paid funds to the User in accordance with these General Terms, the applicable Country Annex or mandatory legal regulations.

“Partial Refund” means the return of only part of a previously paid amount where provided for by these General Terms, the price list or mandatory legal regulations.

“Failed Payment” means a payment transaction that has not been successfully authorised, processed or executed due to refusal by the bank or the Payment Processor, insufficient funds, a technical problem or another reason beyond the Provider’s control.

“Delayed Settlement” means a delay in the transfer or payment of funds to the Owner or the Provider due to processing by the Payment Processor, the banks, the card organisations, regulatory checks or other justified reasons.

“Taxes” means all taxes, public levies, contributions, fees or other mandatory financial obligations arising from the use of the Platform in accordance with applicable legislation.

“Currency Conversion” means the calculation and exchange of one currency into another when processing a payment, at the rate applied by the bank, the Payment Processor or another authorised financial institution.

“Bank Fees” means all charges, commissions, transaction costs, currency conversion costs or other banking expenses charged by the banks, the card organisations or the Payment Processor.

“Fraud Prevention” means the set of technical, organisational and security measures applied by the Provider and the Payment Processor in order to detect, prevent and reduce the risk of fraudulent transactions, abuse and unauthorised payments.

“AML (Anti-Money Laundering)” means measures for the prevention of money laundering and terrorist financing applied in accordance with applicable legislation, which may include additional verification of the User, of the payments or of the origin of the funds.

“KYC (Know Your Customer)” means the procedure for identifying and verifying the identity of the User which the Provider or the Payment Processor may carry out in accordance with statutory obligations or anti-money-laundering rules.

“Stored Payment Method” means a payment card, digital wallet or other payment instrument voluntarily saved by the User through the Platform or the Payment Processor in order to execute future payments more quickly.

“Apple Pay” means a digital payment service enabling electronic payments through devices manufactured by Apple, where that method of payment is enabled on the Platform.

“Google Pay” means a digital payment service enabling electronic payments through devices supporting the Google Pay service, where that method of payment is enabled on the Platform.

“Subscription Renewal” means the extension of the validity of a subscription for a new subscription period, automatically or manually, in accordance with the selected package and the User’s settings.

“Invoice” means an electronic or other document issued in accordance with applicable legislation recording the service performed, the amount paid, the tax treatment and other mandatory particulars.

“Value Added Tax (VAT)” means the tax calculated and charged in accordance with the applicable tax regulations of the country designated in the relevant Annex, where legally required.

The currency of payment is determined in accordance with the Annex for the relevant country. The bank may carry out a currency conversion. The exchange rate is not determined by the Provider and the Provider is not liable for exchange rate differences.

8. ACCEPTANCE OF THE GENERAL TERMS

By registering a user account, logging in through a third-party service, ticking the “I agree” box, using the Platform or using any service provided through the Platform, the User confirms that they:

• have read these General Terms;
• have understood their provisions;
• voluntarily accept them;
• accept the electronic conclusion of the contractual relationship.

Electronic acceptance has the same legal effect as a handwritten signature, in accordance with applicable legislation.

9. USER ACCOUNT AND USER PROFILE

9.1. Registration of a user account

Access to certain functionalities of the Platform is possible only upon registration of a user account.

The User may register a user account in the following ways:

• by entering the required data through the registration form; or
• by using an authentication service provided by a third party, where such an option is available on the Platform.

By registering, the User confirms that they have legal capacity, are over 18 years of age and are authorised to conclude contracts in accordance with applicable law.

9.2. Accuracy of the data

The User is obliged:

• to provide accurate, truthful and complete data;
• to update the data regularly if it changes;
• not to use a false identity or the data of another person without appropriate authorisation, evidenced by a Power of Attorney.

The Provider is entitled to request additional confirmation of identity where this is necessary for security reasons, for the fulfilment of statutory obligations or for the prevention of abuse.

9.3. Username and password

The User is solely responsible for:

• the confidentiality of their access credentials;
• all activities carried out through their user account;
• the choice of a sufficiently secure password.

The User may not disclose their access credentials to third parties.

9.4. Security of the user account

If the User suspects that their account is being used without authorisation, they are obliged to notify the Provider without delay.

Until the notification is received, the User bears responsibility for all activities carried out through their account, unless otherwise provided by law.

9.5. One user account

Unless the Provider expressly permits otherwise, one person may have only one active user account.

It is not permitted to open several accounts in order to circumvent restrictions, sanctions or other rules of the Platform.

9.6. Suspension and restriction

The Provider is entitled to restrict or suspend a user account temporarily if:

• there is reasonable suspicion of abuse;
• inaccurate or false data is used;
• the User breaches these General Terms;
• there is a risk to the security of the Platform;
• this is necessary for the fulfilment of a statutory obligation or upon an order of a competent authority.

Where reasonably possible, the User will be informed of the reasons for the suspension.

9.7. Deletion of the user account

The User may request deletion of their user account at any time, except where the Provider has a statutory obligation to retain certain data.

The Provider may delete the user account permanently in the event of a serious or repeated breach of these General Terms.

Deletion of the account does not affect rights and obligations of the contracting parties that have already arisen.

9.8. Responsibility for use of the account

The User is responsible for all acts carried out through their user account, unless they prove that these are the result of unauthorised access to which they did not contribute through their own fault.

Abuse of the user account may constitute grounds for suspension, deletion of the account, compensation for damage and other measures provided for by law.

9.9. User profile

Upon registration, the User is obliged to provide accurate, complete and up-to-date data, including but not limited to:

• first name and surname / name of the legal person;
• contact details;
• electronic mail address;
• telephone number;
• other data necessary for the use of the specific services of the Platform.

By creating a user profile, the User confirms that:

• they meet the conditions for using the Platform;
• the data they have provided is accurate and truthful;
• they will update the data if any change occurs;
• they will use the Platform in accordance with these General Terms and applicable legislation.

There are several types of user profile. Depending on the manner of use of the Platform, Users may have one or more of the following types of user profile:

A) Driver (user of the parking service)

The Driver has the right:

• to search for available parking spaces;
• to receive information on availability, conditions and price of use;
• to make a booking in accordance with the conditions set on the Platform;
• to make payment through the available payment mechanisms;
• to use the other functionalities envisaged for this user role.

B) Owner of a parking space (provider of a parking space)

An owner of a parking space is a natural or legal person who offers an available parking space through the Platform for use by Drivers.

The Owner has the right:

• to create a listing for an available parking space;
• to enter data on location, availability, conditions and price;
• to manage the availability of their parking space;
• to receive a fee in accordance with the terms of use of the Platform.

C) Business User

A Business User is a legal person or a natural person carrying out a registered activity who uses the Platform in the course of their business.

The Business User may use additional functionalities, in accordance with the contract with the Provider and the services available on the Platform.

The Business User is obliged:

• to provide accurate business data and authorisation;
• to act in accordance with applicable legislation;
• to meet any additional conditions envisaged for business users.

D) Administrator profile

The administrator profile is a profile assigned exclusively by the Provider to authorised persons for the management, maintenance and technical support of the Platform.

The administrator does not have the capacity of Driver or Owner of a parking space, unless they hold a separate user profile in such a role.

Administrator access is used exclusively for:

• technical management of the Platform;
• maintenance of the system;
• processing of user requests;
• prevention of abuse and ensuring the security of the system.

E) Combined user roles

One User may hold several user roles simultaneously, provided that they meet the conditions for each of them.

In particular, the same person may simultaneously be:

• a Driver who uses parking spaces through the Platform; and
• an Owner of a parking space who offers their own parking space through the Platform.

Where the User acts in several roles, their rights, obligations and responsibilities are determined according to the role in which they act in the specific transaction.

(Example: when booking a parking space they have the rights and obligations of a Driver; when offering their own parking space they have the rights and obligations of an Owner.)

The rights, obligations and responsibilities of the User depend on the type of user profile and the specific role used when accessing and using the Platform.

Provisions of these General Terms relating to a particular category of users apply only to Users acting in that role.

The Provider is entitled to determine different levels of access and functionality depending on the type of user profile.

10. SUPPORT

The Provider provides user support for the use of the Platform.

Support is provided through:

• e-mail;
• helpdesk;
• in-app messages;
• telephone, where available.

The working hours, language and contact details for support are determined in the Annex for the relevant country.

Support covers matters relating to:

• use of the Platform;
• user accounts;
• payments;
• bookings;
• invoicing.

Matters relating to the hardware warranty are resolved in accordance with the separate Warranty Terms.

11. PRIVACY

Personal data is processed in accordance with the Privacy and Personal Data Protection Policy.

The Privacy Policy forms an integral part of these General Terms.

12. LIMITATION OF LIABILITY

The Provider does not guarantee uninterrupted operation. It is not liable for Google Maps. It is not liable for the internet. It is not liable for Bluetooth. It is not liable where the telephone is switched off. It is not liable for theft. It is not liable for damage. It is not liable for the physical condition of the parking facility.

The limitations set out in this Section do not apply where the damage is caused by the intent or gross negligence of the Provider, nor where mandatory regulations, including consumer protection regulations, provide otherwise.

13. INTELLECTUAL PROPERTY

13.1. Rights of the Provider

All intellectual property rights relating to the Platform, including but not limited to the trade mark, the name, the visual identity, the software, the application, the program code, the system architecture, the user interface, the databases, the API interfaces, the functionalities, the design, the documentation and other elements of the Platform, are the property of the Provider or of its rights holders.

The User acquires only a limited, personal, non-transferable and non-exclusive right to use the Platform in accordance with these General Terms.

By using the Platform, the User acquires no right of ownership, licence or other right in the intellectual property of the Provider, other than the right of use expressly permitted by these General Terms.

13.2. Trade mark and brand

The name and brand “123 Park®”, together with all related marks, logos, graphic elements and visual identity, constitute protected intellectual property rights.

No person may, without the prior written consent of the Provider:

• use the 123 Park® brand;
• reproduce or modify the logo;
• create similar marks with a view to causing confusion among users;
• use the brand for commercial purposes.

13.3. Software and technical elements of the Platform

The following elements are deemed to form part of the protected intellectual property of the Provider:

• the mobile application;
• the web platform;
• the source and object program code;
• the software components;
• the API interfaces;
• the databases;
• the structure and organisation of the data;
• the algorithms and operating logic;
• the design and user experience (UI/UX);
• the technical documentation.

The User may not copy, download, modify, distribute, sell or use any part of the Platform outside the use permitted under these General Terms.

13.4. Prohibition of reverse engineering

The User may not, directly or indirectly:

• carry out reverse engineering;
• decompile, disassemble or analyse the program code;
• attempt to discover the source code or the system architecture;
• create copies, derivative products or functionally similar systems based on the Platform.

The prohibition set out in this Section applies to the fullest extent permitted by applicable legislation.

13.5. User content

The User retains ownership of the content they themselves enter on the Platform, including photographs, descriptions of parking spaces, information and other materials.

By entering content on the Platform, the User grants the Provider a limited, non-exclusive right to use that content exclusively for:

• the operation of the Platform;
• the display of offers;
• enabling bookings;
• the improvement of the services.

The User warrants that they have the right to use and publish the content entered and that its publication does not infringe the rights of third parties.

13.6. Infringement of intellectual property rights

Any unauthorised use, copying, downloading or disposal of the intellectual property of the Provider constitutes a breach of these General Terms and may constitute grounds for:

• restriction or termination of access to the Platform;
• deletion of the user account;
• compensation for the damage caused;
• other legal action in accordance with the law.

14. FINAL PROVISIONS

14.1. Force Majeure

Neither the Provider nor the User shall be liable for the total or partial non-performance, delayed performance or improper performance of their obligations under these General Terms where such non-performance is a direct consequence of an event of force majeure.

For the purposes of these General Terms, force majeure means any unforeseeable and unavoidable event or circumstance beyond the reasonable control of the affected party which directly prevents or materially hinders the performance of the contractual obligations.

Events of force majeure include in particular, but are not limited to:

• natural disasters and calamities (earthquakes, floods, fires, extreme weather conditions and other natural events);
• wars, military action, acts of terrorism, civil unrest and other forms of public disturbance;
• epidemics, pandemics and measures taken by the competent authorities on account of such circumstances;
• interruption or serious disruption of the electricity supply;
• interruption or serious disruption of telecommunications, internet or hosting services;
• failure or unavailability of third-party infrastructure on which the Platform relies (cloud services, payment gateway, API services and other external systems);
• cyber-attacks of significant scale, DDoS attacks, unauthorised intrusions or other security incidents that could not reasonably have been prevented;
• decisions, prohibitions, restrictions or measures adopted by competent state authorities;
• changes in the legislative or regulatory framework directly affecting the ability to provide the services.

The party invoking force majeure is obliged, without undue delay, to notify the other party of the occurrence of the circumstances, their nature, their impact on the performance of the obligations and, where possible, their expected duration.

For the duration of the event of force majeure, performance of the affected obligations is postponed for the period during which the impediment exists, without liability for compensation for such delay or non-performance.

An event of force majeure does not release the parties from obligations that arose before its occurrence, in particular obligations to pay amounts already due.

If the state of force majeure continues uninterrupted for more than 60 (sixty) days and materially prevents the functioning of the contractual relationship, either party is entitled to terminate the contractual relationship in writing, without any obligation to pay compensation on that ground.

14.2. Severability

If any provision of these General Terms is declared null and void, invalid or unenforceable by a competent authority, this shall not affect the validity of the remaining provisions.

The parties shall endeavour to replace the invalid provision with a valid provision that most closely reflects the economic and legal purpose of the original provision.

14.3. Transfer of rights and obligations

The User may not transfer their rights and obligations arising from these General Terms to a third party without the prior written consent of the Provider.

The Provider is entitled to transfer its rights and obligations under these General Terms to an affiliated company, a legal successor or an entity taking over the operation of the Platform, to which the User consents in advance.

14.4. Amendments to the General Terms

The Provider is entitled to amend or supplement these General Terms where necessary on account of:

• a change in the functionalities of the Platform;
• the introduction of new services;
• technical or organisational changes;
• a change in statutory or regulatory requirements.

The amended General Terms will be published through the Platform, stating the date of entry into force.

Where the amendments materially affect the rights and obligations of the User, the Provider will provide appropriate notice before they enter into force.

Continued use of the Platform after the amendments enter into force shall be deemed acceptance of the amended General Terms.

14.5. Notices

All notices relating to the use of the Platform, the contractual relationship or these General Terms may be delivered through:

• electronic mail;
• the user profile;
• a notification within the Platform;
• other electronic means of communication determined by the Provider.

The User is obliged to provide accurate and up-to-date contact details.

Electronic notices are deemed received when sent to the last electronic mail address or user profile provided by the User, unless the User proves otherwise.

14.6. Governing law

These General Terms, their interpretation and application, and all legal relations arising from the use of the Platform, are governed by the law determined in the Annex for the relevant country.

The parties shall endeavour to resolve all disputes amicably.

If no amicable solution is reached, the dispute shall be resolved by the court having subject-matter and territorial jurisdiction as determined in accordance with the Annex for the relevant country, unless another jurisdiction is prescribed by law.

14.7. Language

These General Terms are published in several languages. The authoritative language is determined by the Annex for the relevant country.

Annex No. 1
CANCELLATION AND REFUND RULES

1. Subject matter and application

This Annex governs the conditions and consequences of cancelling a booking, of ending parking early and of expiry of a booking, as well as the manner and time limits for refunds.

This Annex applies in all countries in which the Platform is available, unless the Annex for an individual country provides otherwise.

2. Cancellation by the Driver

The Driver may cancel a confirmed booking through the Platform at any time before it begins.

If the cancellation is made more than one (1) hour before the start of the booked period, the Driver is refunded the full amount paid, as credit in their wallet.

If the cancellation is made one (1) hour or less before the start of the booked period, 50% of the price of the booking is charged and the remaining 50% is refunded as credit in the Driver’s wallet.

3. Ending the parking early

If the Driver ends the parking through the Platform before expiry of the booked period, the charge is calculated as follows:

• if the Driver has used less than half of the booked time, 50% of the price of the booking is charged;
• if the Driver has used half or more of the booked time, an amount proportionate to the time actually used is charged.

The difference between the amount charged and the amount previously paid is refunded as credit in the Driver’s wallet.

4. Expiry of the booking and no-show

The booked parking space is at the Driver’s disposal for the entire booked period and is not available to other Drivers, irrespective of when the Driver commences use.

If the Driver does not end the parking through the Platform before expiry of the booked period, the booking expires and is deemed fully used, and the full price of the booking is charged.

The same applies where the Driver has not commenced use of the parking space at all and has not previously cancelled the booking.

5. Refund as credit and payment to a bank account

Refunds under this Annex are returned as credit in the Driver’s wallet.

Payment of unused credit to a bank account is made in accordance with Section 6.1 of the General Terms.

6. Manner and time limits for refunds

A refund as credit in the wallet is made immediately upon approval and no later than within 24 hours.

Where a refund is made to a bank account or to the payment instrument used to make the payment, the Provider initiates the refund within 5 business days of approval. Processing times at the Payment Processor, the banks and the card organisations are beyond the Provider’s control.

7. Failed payment and double charging

Amounts charged incorrectly or charged twice are refunded once the error has been established, without a separate request from the Driver, within a reasonable period.

8. Chargeback

In the event of an unfounded chargeback, the Provider is entitled to block the user account temporarily until the matter is clarified and to take the measures provided for by the rules of the card schemes and by the General Terms.

9. Display of the rules

The cancellation conditions applicable to a specific booking are displayed to the Driver before its confirmation.

This Annex is published on the website and in the application of the Platform.

Annex No. 2
FOR THE REPUBLIC OF NORTH MACEDONIA

1. Subject matter

This Annex for the Republic of North Macedonia (the “Annex”) forms an integral part of the General Terms of Use of the “123 Park Private” platform and applies to all legal relations arising from the use of the Platform in the territory of the Republic of North Macedonia.

In the event of any discrepancy between the provisions of the General Terms and the provisions of this Annex, the provisions of this Annex prevail in respect of matters relating to the Republic of North Macedonia.

2. Service Provider

For the Republic of North Macedonia, the Service Provider is:

“Друштво за производство, трговија и услуги ПАРКСПОТ ДОО увоз–извоз Скопје” (PARKSPOT DOO Skopje), with its registered office at ul. Boris Trajkovski no. 18, Municipality of Kisela Voda, Skopje, Republic of North Macedonia, Company Registration No. (ЕМБС): 7556853, Tax No. (ЕДБ): MK4058021540679, represented by its Manager (hereinafter: the “Provider”).

The Provider is a commercial company established and registered under the laws of the Republic of North Macedonia and operates the “123 Park Private” digital platform, which enables:

• registration of users;
• publication and management of parking spaces;
• booking of parking spaces;
• processing of electronic payments;
• issuance and use of digital vouchers;
• electronic management of access to parking spaces; and
• other digital services relating to the functioning of the Platform.

3. Owner

“Owner” means a natural or legal person who holds title or another lawful right to dispose of a specific parking space and who, through the Platform, makes that parking space available for short-term use by Users, in accordance with the General Terms and the separate contract concluded with the Provider.

4. Currency

All prices, fees, commissions and payments through the Platform for the Republic of North Macedonia are expressed and made in Macedonian denars (MKD), unless mandatory law provides otherwise.

5. Tax treatment

The services provided through the Platform are subject to the regulations of the Republic of North Macedonia relating to:

• value added tax (VAT);
• personal income tax;
• fiscalisation;
• electronic invoicing, where applicable;
• the keeping of business documentation and accounting records.

Each User and Owner is obliged to fulfil their own statutory tax obligations arising from the use of the Platform.

6. Consumer rights

Where the User has the capacity of a consumer under the applicable regulations of the Republic of North Macedonia, the mandatory provisions of the consumer protection legislation apply to the contractual relationship, notwithstanding the other provisions of the General Terms.

A complaint concerning the service may be submitted through the support channels set out in Section 7 of this Annex. The Provider records the complaint and responds within the time limit prescribed by the consumer protection regulations. The consumer is entitled to initiate out-of-court consumer dispute resolution proceedings in accordance with the Consumer Protection Act.

7. Support

The Provider provides user support through the contact details published on the Platform, including:

• electronic mail;
• Help Desk;
• the Inbox within the Platform; and
• other communication channels published on the Platform.

The working hours, languages of communication and response times are published on the Platform and may change from time to time.

8. Governing law and jurisdiction

All legal relations arising from the use of the Platform in the Republic of North Macedonia are governed by the law of the Republic of North Macedonia.

All disputes that cannot be resolved amicably fall within the jurisdiction of the courts having subject-matter jurisdiction in the Republic of North Macedonia, unless mandatory regulations prescribe different jurisdiction.

If any provision of the General Terms is not in conformity with the mandatory regulations of the Republic of North Macedonia, the mandatory provisions of the applicable law of the Republic of North Macedonia shall apply in its place, while the remaining provisions of the General Terms remain in force.

For the Republic of North Macedonia, the authoritative text is the Macedonian text of the General Terms and their annexes, as well as of the other documents which, in accordance with Section 1 of the General Terms, form an integral part thereof.

Translations into other languages are published for the information of Users. In the event of any discrepancy between the texts, the Macedonian text prevails.

9. Framework Agreement

By registering and accepting the General Terms, the Driver enters into a contractual relationship with the Provider for the use of the Platform.

With the Owner, a Framework Agreement for the lease and use of parking spaces is additionally concluded.

The specific relationship with the Driver is evidenced by the Booking Confirmation and the electronic voucher.