Terms, privacy & trading policy

These terms and conditions govern your use of the OPARKO platform and services provided by OPARKO A/S, a company registered in Denmark. By using our services, you agree to these terms.

OPARKO provides parking management software and related services to parking operators ("Operators"). Drivers who pay for parking via OPARKO-powered facilities are subject to the terms set by the relevant Operator, not directly by OPARKO.

Operators are responsible for ensuring their use of the OPARKO platform complies with all applicable laws, including data protection legislation, consumer protection rules, and any local parking regulations.

Payments made through the OPARKO platform are processed by our payment partners. OPARKO does not store full card details. All payments are subject to the payment terms displayed at the time of transaction.

All intellectual property rights in the OPARKO platform, including software, designs, and content, are owned by OPARKO A/S or its licensors. You may not copy, modify, or distribute any part of the platform without written permission.

To the fullest extent permitted by law, OPARKO's liability for any claim arising from use of our services is limited to the fees paid by the relevant Operator in the three months preceding the claim.

These terms are governed by Danish law. Any disputes will be subject to the exclusive jurisdiction of the Danish courts.

For questions about these terms, contact us at hello@oparko.com or OPARKO A/S, Aarhus, Denmark.

• 1.1

  This privacy policy (the "Policy") describes how OPARKO ("us", "we" or "our") collects and processes personal data when you park via our parking areas, including our ANPR sites, purchase our services and products, use our websites or other service applications in general, and use other media controlled by us.

• 1.2

  The Policy has been drawn up and made available in order to comply with the General Data Protection Regulation (2016/679 of 27 April 2016) ("GDPR") and its rules on the duty to provide information.

• 2.1

  We process personal data about you when this is relevant and in accordance with applicable law. Depending on the specific circumstances, the personal data processed may include the following types of personal data:

  • a)

    name

  • b)

    address

  • c)

    telephone number

  • d)

    e-mail

  • e)

    username

  • f)

    password

  • g)

    purchase history

  • h)

    invoicing and accounting records

  • i)

    account status (balance, customer points, etc.)

  • j)

    credit card information

  • k)

    bank details (card details or account details)

• 2.2

  Registration number. We also process information in connection with carrying out our parking control, or when you enter this information during registration and parking via our sites and apps, when you sign up as a "regular user" or otherwise use our ANPR sites, and when you contact us regarding any imposed control fee. In addition, CCTV surveillance is carried out at certain of our parking facilities. Where CCTV surveillance is carried out, this will be signposted at the entrance to the site.

• 2.3

  We collect personal data directly from you and, where relevant, from external sources. As a general rule, we collect personal data directly from you, but we may also collect information from, among others, public authorities, educational institutions and employers, and the source of collection therefore varies.

• 2.4

  If we need to collect and process personal data beyond that specified above, we will inform you of this at the time of collection. Such information may also be provided by updating this Policy.

• 3.1

  Collection of information

  • 3.1.1

    When the User uses OPARKO's services, the User simultaneously consents to OPARKO collecting and processing the personal data and personal information provided by the User in accordance with OPARKO's applicable data policy.

  • 3.1.2

    Personal data is stored only if it has been provided voluntarily, and only for as long as it is relevant to OPARKO. The data in question is stored on OPARKO's internal network and can only be accessed with special permissions.

• 3.2

  The User's obligations

  • 3.2.1

    Where the User provides information about another person, the User warrants that they have the right to give this information to OPARKO.

• 3.3

  Transfer of data

  • 3.3.1

    The User accepts that, should OPARKO find it necessary to move the User's information to another platform created for the same purpose as contained in this agreement, this will take place without prior notice and in accordance with applicable data protection rules.

• 3.4

  PLEASE NOTE that the User has a duty to keep the information registered with OPARKO up to date. That is, the User must notify OPARKO of any change to their address, e-mail, etc. or any registration number of the vehicle to be used in OPARKO. If this is not complied with, OPARKO is entitled to delete the information already registered and terminate the subscription parking agreement in order to comply with applicable personal data legislation.

• 4.1

  We only process your personal data where we have a legitimate purpose and, in that case, in accordance with the rules of the GDPR. Depending on the circumstances, personal data may be processed for the following purposes:

  • a)

    To communicate and exchange information with public authorities where the law requires this.

  • b)

    To prevent fraud and deception or improper use of our products, services and website, including processing of personal data for use in connection with legal proceedings.

  • c)

    To send newsletters by e-mail.

  • d)

    To improve our products, services or website.

  • e)

    To store personal data to the extent required under applicable law, for example the storage of accounting and bookkeeping records.

  • f)

    To be able to deliver or offer services or products to users, customers or members.

  • g)

    To respond to enquiries and/or complaints from users, customers or members.

  • h)

    To send direct marketing to users, customers or members (such as e-mails, MMS, direct messages on social media, etc.).

  • i)

    To prevent fraud and misuse of IT system(s) and/or products or services delivered via IT system(s).

  • j)

    To provide service messages and information to users, customers or members.

  • k)

    To be able to provide support and give service messages, including answering questions or complaints and sending updates about our products and services.

• 4.2

  In addition to the above, we process personal data for the following purposes:

  • •

    To be able to charge and receive payment for your parking.

  • •

    To be able to respond to enquiries/objections from parkers.

  • •

    To be able to issue control fees, subsequent charges and the like.

  • •

    To be able to carry out our parking control.

  • •

    To be able to administer the rental/reservation of parking spaces, including waiting lists for parking spaces.

  • •

    To be able to ensure crime prevention and generally give parkers a safe experience when using the parking areas.

  • •

    To be able to register and issue digital parking registration/permits.

  • •

    So that you can register your information on our sites or app, as a "regular user" or during your other use of our ANPR sites, or when you use OPARKO's website.

• 5.1

  We only process your personal data when we have a lawful basis for processing in accordance with the GDPR. Depending on the specific circumstances, the processing of personal data takes place on the basis of the following legal grounds:

  • a)

    The processing is necessary to comply with applicable law, cf. GDPR Article 6(1)(c).

  • b)

    The processing is necessary for the performance of a contract with the data subject, cf. GDPR Article 6(1)(b), first part.

  • c)

    The processing is necessary in order to pursue a legitimate interest, where the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data do not override this, cf. GDPR Article 6(1)(f).

  • d)

    The basis for the processing of the specific personal data is your consent, cf. GDPR Article 6(1)(a). You may withdraw your consent at any time by contacting us via the contact details provided at the top of the page. If you withdraw your consent, the personal data processed on the basis of the consent will be deleted, unless it can or must be processed, for example, to comply with a legal obligation.

• 5.2

  Our legitimate interests under GDPR Article 6(1)(f) consist of being able to pursue a claim against you as a parker if, for example, you have parked contrary to the provisions of a parking space and have been imposed a control fee. In this connection, we may collect name and address information about you from Motorregisteret (SKAT), which we are entitled to do under GDPR Article 6(1)(f), as we have a legitimate interest in being able to direct our claim against the person who parked contrary to the rules of the parking area. In this connection, it is stated that we have terminal access as one of the types of business, etc. referred to in the Danish Act on Registration of Vehicles, section 17(2), which have access to information about the name and address of the registered primary owner and primary user of the vehicle, cf. Executive Order No. 1643 of 17/12/2018, section 102(1). The processing of the personal data collected about you via CCTV surveillance takes place on the basis of GDPR Article 6(1)(f), on the grounds of crime prevention. This interest is not overridden by your interests or fundamental rights and freedoms.

• 6.1

  We only disclose personal data to others when the law permits or requires it. Our organisation is part of a group in which personal data is shared between the group companies depending on the specific circumstances.

• 6.2

  We disclose personal data to the following recipients from the EU/EEA:

  • a)

    Banks (in connection with payouts, receipt of payments, etc.)

  • b)

    Data processors

  • c)

    Suppliers

  • d)

    Business partners

• 6.3

  In specific situations, we may disclose your personal data to the following recipients:

  • •

    The police for use in any police investigation.

  • •

    Public authorities.

  • •

    Debt collection companies.

  • •

    Parkeringsklagenævnet.

  • •

    Parking apps that can be used in parking areas administered by OPARKO, including but not limited to EasyPark.

  • •

    Another parking company, should that parking company take over operations, so that you are not burdened by a change of administrator.

  • •

    Owners/business tenants of the parking spaces in connection with parking control. Based on a balancing of interests and/or contractual obligations, your information may be disclosed to the space owner and/or the space owner's property administrator, business space tenants, including but not limited to compliance with the obligations of property associations, contractual relationships between the Company and the space owner/the space owner's property administrator/business space tenants, and in the event of changes to the physical arrangements of the parking space.

  • •

    In the event that you, through your work, may obtain a right to parking, your enquiry in connection with an issued control fee and the associated personal data may, on the basis of a balancing of interests, be disclosed to the space owner/employer in order to confirm your employment and right to parking and to ensure correct case handling.

• 6.4

  We generally use various external and professional organisations as suppliers and business partners to deliver, or to assist us in delivering, our services and products. The external organisations will not receive or process personal data unless the law permits the transfer and processing thereof. If the external organisations or business partners are data processors for us, their processing of personal data always takes place under a data processing agreement that meets the requirements of the law. If the external organisations or business partners are independent data controllers, their processing of personal data takes place in accordance with their own privacy, data protection or personal data policy, which the external organisations will draw attention to, unless the law provides otherwise.

• 6.5

  We can be contacted for more information, including with questions about our use of data processors, cooperation with other data controllers, including subsidiaries, or the transfer of personal data to third countries, and to receive a copy of documentation of the basis for transfer.

• 7.1

  We ensure that personal data is deleted when it is no longer relevant to our processing purposes as described above. We always store personal data for the period that applicable law obliges us to, including for use in documenting compliance with, among other things, the provisions of the Danish Bookkeeping Act. If you have questions regarding the storage and processing of personal data, you are welcome to contact us at the e-mail address you will find under OPARKO's contact details at the top of the page.

• 8.1

  As a data subject, you have a number of rights:

  • 8.1.1

    You have the right to request access to which personal data we process about you, the purpose of the processing, and whether we disclose the personal data to others.

  • 8.1.2

    You have the right to have inaccurate personal data about you rectified.

  • 8.1.3

    In certain cases, you have the right to have certain of your personal data deleted.

  • 8.1.4

    In certain cases, you have the right to have the processing of your personal data restricted, so that we only store your personal data for a given period.

  • 8.1.5

    In certain cases, you have the right to object to our processing of your personal data on the basis of reasons and circumstances relating to your particular situation. An objection may be based on the processing of personal data for the purpose of direct marketing.

  • 8.1.6

    You have the right not to be subject to an automated decision without human intervention, unless the decision is necessary for your employment with us, or the making of the decision is authorised by law or your express consent.

  • 8.1.7

    If we have obtained your consent to part of our processing of your personal data, you have the right to withdraw your consent at any time. If you choose to withdraw your consent, this does not affect the lawfulness of the processing based on the consent prior to the withdrawal.

  • 8.1.8

    In certain cases, you have the right to so-called data portability of the personal data you have provided to us.

  • 8.1.9

    You can always complain to Datatilsynet (the Danish Data Protection Authority).

• 8.2

  There may be conditions or limitations to these rights. It is therefore not certain that you are, for example, entitled to data portability in the specific case. This depends on the specific circumstances in connection with the processing activities.

• 8.3

  You can find more information about your rights as a data subject on Datatilsynet's website.

• 8.4

  Please use the contact details below if you wish to exercise your rights.

• 8.5

  We strive to meet your wishes regarding our processing of personal data, but you can always submit a complaint to Datatilsynet.

• 9.1

  We reserve the right to update and change this Policy. If we change the Policy, we will change the date and version at the top of the document. In the event of material changes, we will notify you in the form of a visible notice on our website, by e-mail or by using other means of communication.

• 10.1

  You are welcome to contact us using the contact details shown at the top of the page if you:

  • a)

    disagree with our processing or believe that our processing of your personal data breaches the law,

  • b)

    have questions or otherwise have comments on this Policy, or

  • c)

    wish to exercise one or more of your rights as a data subject.

• 10.2

  For questions or comments on this policy, or when invoking one or more rights, we can be contacted via the contact details at the top of the page.

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• 1.1

  These General Terms and Conditions (the "General Terms and Conditions") apply to the delivery of Services from OPARKO. More information about OPARKO can be found at the top of the page.

• 1.2

  PLEASE NOTE! Use of OPARKO's services requires that you are the registered owner or user of the vehicle, or that you otherwise have permission to use and register the vehicle.

• 1.3

  All Services are delivered in accordance with applicable law and in accordance with:

  • 1.3.1

    any individually agreed terms and conditions, and

  • 1.3.2

    these General Terms and Conditions.

  • 1.3.3

    In the event of discrepancies between the above provisions, they take priority in the above order.

• 1.4

  Sections 4.1.4, 5.4 and 6.7 contain special provisions on the correct and valid entry of registration number and area code.

• 1.5

  Section 4.3 contains special provisions on the use of OPARKO Charge.

• 1.6

  Upon registration with OPARKO (see section 4), the User accepts being subject to these General Terms and Conditions. A binding agreement (the "Agreement") is concluded when OPARKO has confirmed the User's registration and the User gains access to OPARKO's Services.

• 1.7

  These General Terms and Conditions constitute the Agreement between OPARKO and the User.

• 1.8

  These General Terms and Conditions apply to all transactions and registrations via OPARKO, including OPARKO and OPARKO Subscription Parking.

• 2.1

  In these General Terms and Conditions and in connection with the Services, the following definitions apply:

  • •

    "OPARKO" means the digital parking service that can be used in connection with payment for parking, via the App and the website.

  • •

    "App" means OPARKO's mobile phone application.

  • •

    "OPARKO System" is OPARKO's digital system for modern parking, which the User gains access to via the App and/or via the Website.

  • •

    "Website" refers to OPARKO's website.

  • •

    "Parking service" is the User's ability to manage parking sessions in the App.

  • •

    A "Parking space" is a physical area that matches a parking area marked on the overview map (a "Parking space" is not to be understood as a marked parking bay).

  • •

    The "Parties" and "Party" mean OPARKO and/or the User.

  • •

    "User" is used in these General Terms and Conditions to refer to the parker who uses OPARKO in connection with payment for parking.

  • •

    "Partner" means partners with whom OPARKO cooperates.

  • •

    "Service(s)" has the meaning specified in section 3.1.1.

  • •

    The "Parking fee" is the price for the parking carried out.

  • •

    The "Active vehicle" designates a vehicle that the User has selected for automatic payment in connection with parking at so-called ANPR parking spaces. Payment is made via the payment method that the User has specified as preferred.

  • •

    "ANPR" stands for Automatic Number Plate Recognition, meaning that the vehicle's number plate is read automatically and the registration number is registered in the parking system. Parking spaces with ANPR systems are marked with a camera in OPARKO, and the signage at the parking space indicates that the number plate is read.

  • •

    "OPARKO Charge" means OPARKO's own and associated systems and third-party apps that can be used in connection with charging electric and hybrid cars. This includes charging stations, payment systems and apps.

• 2.2

  Definitions may be specified in other places in these General Terms and Conditions.

• 3.1

  General

  • 3.1.1

    OPARKO offers a digital system for parking ("OPARKO"), whereby OPARKO (in cooperation with other Partners) enables the User to manage parking of vehicles (the "Parking service") and charging of electric vehicles. The Parking service and the other services delivered by OPARKO from time to time are collectively referred to as the "Services".

• 3.2

  For a detailed description of the Services, please refer to the information provided on the website from time to time.

• 4.1

  Conditions of use

  • 4.1.1

    The Parking service can only be used at parking spaces and in parking areas/zones (each a "Parking space") that:

    • 4.1.1.1

      have OPARKO signage installed,

    • 4.1.1.2

      and have machines with OPARKO stickers, or otherwise bear OPARKO marks indicating that OPARKO can be used.

  • 4.1.2

    When the Parking service is used, the User must begin a parking session by activating either the App or an associated and approved payment system.

  • 4.1.3

    To ensure that parking has been started correctly, the User must check that a confirmation of a correct and valid started parking session has been received via:

    • 4.1.3.1

      the App, if the App is used, or

    • 4.1.3.2

      e-mail confirmation.

  • 4.1.4

    A parking session is only valid if the App has confirmed the parking and shows an ongoing, correctly registered parking/payment.

  • 4.1.5

    When using the Parking service, the User must in this connection correctly enter the parked vehicle's registration number and the area code for the relevant Parking space.

  • 4.1.6

    It is the User's responsibility that the vehicle's registration number and the area code are entered correctly. Errors in registration and entry will result in a control fee.

  • 4.1.7

    The User must ensure that the area code corresponds to the area code at the relevant Parking space or E-charge station, as shown on the OPARKO signage at the parking space or near the Parking space's machines/E-charge stations. The User is responsible for entering the correct area code and registration number. OPARKO assumes no responsibility in connection with incorrectly entered registration numbers and/or area codes.

  • 4.1.8

    When parking at parking spaces where the vehicle's number plate is read, the area code does not need to be entered. The registration number used for parking must be entered correctly.

  • 4.1.9

    It is a condition of validity for the registration of the parking that the registration number and the area code are entered correctly.

  • 4.1.10

    Registration of parking in OPARKO can take place in one of the following ways:

    • 4.1.10.1

      With manual registration, the User must specify the desired parking time and is, in this connection, informed of the price for the desired parking. Upon the User's confirmation of the entered registration, the stated amount is reserved. When the User stops the parking, the reserved amount is modified so that payment is only made for the registered parking time.

  • 4.1.11

    OPARKO cannot be held responsible for the accuracy of the GPS position of the User's phone, nor can OPARKO be held responsible for mobile coverage/signal in/at the parking area. The User is responsible for ensuring that the specified position corresponds to the position of the User's parked vehicle.

  • 4.1.12

    Information about parking sessions carried out by the User will be available to the User via "Parking sessions", and such information will, as a general rule, be available for at least 12 months.

• 4.2

  General

  • 4.2.1

    The Parking service makes it possible for the User to begin a parking session, and, with a manual start, to specify a preliminary parking time, to stop and end the started parking session. Furthermore, it is possible for the User to extend the preliminary specified parking time.

    • 4.2.1.1

      Reminder: It is possible to receive a reminder before the manually started parking expires, provided that push notifications have been permitted in the App. It is the User's responsibility to ensure that the parking is ended correctly, regardless of whether the reminder fails to appear.

    • 4.2.1.2

      Stop parking: If you leave the parking space before the selected parking time expires, it is possible to actively stop the ongoing parking, whereby payment is only made for the period during which the parking was active. The User is advised always to observe the parking price shown on the signage and/or the payment machine. Depending on the price structure at the parking space, at most parking spaces it will be possible to stop the parking so that no payment is made for "unused time". NB! Some parking spaces require payment per commenced time period and possibly in advance, which means that if such a parking is stopped, the amount approved in advance is charged regardless of the stop. If the parking is not stopped, no refund of payment for "excess time" will be possible.

    • 4.2.1.3

      Extension: An extension of a parking is carried out by pressing "extend" and then specifying the new end time for the parking, after which the amount is approved. The countdown of the parking period for the vehicle will then be updated based on the extended parking time. Extension means that a new parking session is started upon expiry of the original parking.

    • 4.2.1.4

      If it is not possible to make a purchase at a given time using the OPARKO software, the User is responsible for paying for the parking by other means, e.g. by purchasing a valid parking ticket from a payment machine and otherwise observing the signposted rules and conditions for parking. Reasons why OPARKO cannot be used include, but are not limited to, e.g.: poor/no internet access, server downtime due to maintenance, updates, etc.

  • 4.2.2

    If the User was not the driver of the vehicle at the time of parking, but the User has designated the vehicle as active, then the User has accepted that payment is made automatically via the preferred payment method. The internal relationship between the User and any third party is of no concern to OPARKO.

  • 4.2.3

    If the parked vehicle is imposed a control fee for a parking that does not comply with the rules and conditions shown on the signage at the parking space, the driver is liable for payment of such control fee, regardless of who made the payment for the parking.

    • 4.2.3.1

      "Control fee" is used in this context as a collective term for control fee, control charge, etc. respectively.

  • 4.2.4

    In the event that the parking has been carried out with a vehicle whose registered owner/user is a company, and the vehicle is imposed a control fee, it is the User's responsibility to document adequately that the parking was not carried out for business purposes. If the User cannot discharge this burden of proof, the registered owner/user is considered to be the correct debtor, and in this case, in the event of late payment, a compensation amount of kr. 310,00 will be charged in addition to any reminders, in accordance with Executive Order No. 105 of 31/01/2013, section 2(1).

  • 4.2.5

    If the User was not the driver of the vehicle at the time of parking, the User hereby accepts that they must state who the driver was. In the case of deficient or incorrect information, the control fee, as well as any reminder fees, will be maintained in full against the User.

  • 4.2.6

    The User's payment of the relevant parking fee (including VAT) is determined on the basis of the applicable rates (the "Parking fee") in connection with the User ending a parking, or alternatively starting a fixed parking time through the Parking service.

  • 4.2.7

    The User cannot make a claim for reduction of the control fee on the basis of a completed payment in OPARKO. This condition applies regardless of whether the control fee has been imposed on the basis of the User's incorrect registration in OPARKO or the User's parking contrary to the other signposted rules and conditions at the parking space.

  • 4.2.8

    Furthermore, the User is not entitled to a refund of payment made via OPARKO, unless the charge is due to an error on the part of OPARKO that the User has not had, or could not have had, any influence over.

• 4.3

  OPARKO Charge terms

  • 4.3.1

    Payment for charging a vehicle can be made through apps relating to the charging stations installed at the space. Payment for parking must be made separately through OPARKO (see section 4).

  • 4.3.2

    PLEASE NOTE: When parking in parking bays reserved for electric vehicles being charged, the charging must be registered in the app used before parking and charging begins. In addition, the parking must be registered in the OPARKO app, as specified in section 4.

  • 4.3.3

    The app used must be used for payment for charging via the installed charging stations.

  • 4.3.4

    When using OPARKO in connection with the use of an installed charging station, the User notifies OPARKO that charging of the parked vehicle is beginning, the preliminary charging time, the end of charging and, if necessary, any extension of the charging time.

  • 4.3.5

    When paying for and using an installed charging station, a charging fee is paid.

    • 4.3.5.1

      The charging fee is variable.

    • 4.3.5.2

      Payment of the charging fee is made separately and the charge is shown in the app used before registration and payment are completed.

  • 4.3.6

    Upon registration, the other terms and conditions for use of the OPARKO app also apply, including that correct and valid registration and payment require correct entry of the area code and the parked vehicle's registration number. It is the User's responsibility that the information entered is correct and verifiable and that payment can be completed.

  • 4.3.7

    The area code to be used in connection with payment for charging and parking is shown on the signage installed in front of the bays reserved for electric vehicles. It is the User's responsibility that the correct area code is entered.

    • 4.3.7.1

      In the case of payment to an area code associated with an OPARKO Charge charging station, but without a parking bay reserved for OPARKO Charge being used, no refund of the payment will be made.

  • 4.3.8

    It is at all times the User's responsibility that the signposted rules and conditions shown at the parking space are observed. In the event of discrepancies between the signage and these terms and conditions, the wording of the signage takes precedence. If parking has not been carried out in accordance with the signposted rules and conditions, a control fee may be imposed, which cannot subsequently be cancelled.

    • 4.3.8.1

      Parking in bays reserved for electric vehicles can only take place against payment, and the vehicle must be charging for the entire period the parking bay is used. If the vehicle is not charging and/or the parking is not registered in OPARKO, a control fee that cannot be cancelled will be imposed.

    • 4.3.8.2

      If problems arise in connection with the use of an OPARKO Charge charging station, the User must contact OPARKO on the telephone number stated on the charging station.

  • 4.3.9

    Information that the User has registered in connection with registration and payment takes place in the same way as mentioned in section 4.

Access to the Services, creation of and payment for parking via OPARKO can take place by the User being set up as a user. Use of OPARKO requires that a valid means of payment is linked in the User's OPARKO App. The means of payment that the User can validly link as a means of payment are bank cards. It is a condition of validity that there is sufficient cover on the linked and selected means of payment.

• 5.1

  When setting up and subsequently using OPARKO, it is a prerequisite that the User provides correct and valid:

  • 5.1.1

    Name

  • 5.1.2

    E-mail address

  • 5.1.3

    Mobile number

  • 5.1.4

    Password

  • 5.1.5

    Registration number, for at least one vehicle

  • 5.1.6

    Means of payment. Groups of employees with access to the registered information:

    • 5.1.6.1

      Subcontractors (while providing support)

    • 5.1.6.2

      OPARKO employees (while providing support in connection with User enquiries)

• 5.2

  A parking session is started via the App or the website.

• 5.3

  To use OPARKO, a valid means of payment must be linked and selected in the App or on the website prior to the registration of the parking.

  • 5.3.1

    PLEASE NOTE: It is not possible to change the means of payment in connection with an ongoing parking, which is why it is the User's responsibility that the correct and valid means of payment is selected prior to the parking.

• 5.4

  The instructions shown on the screen must be followed:

  • 5.4.1

    For the User to be able to use OPARKO for payment for parking sessions, it is a condition of validity that the User registers the correct and valid registration number (number plate), area code, means of payment and parking time.

  • 5.4.2

    It must be checked that the registered registration number and area code have been correctly entered by the User.

  • 5.4.3

    OPARKO reserves the right to reject an application for creation of and payment for parking.

  • 5.4.4

    It is specified that valid payment for the parking has only been made if the registration number of the vehicle being parked has been correctly specified and the entered area code corresponds to the area code shown on the OPARKO signage applicable to the relevant parking bay where the vehicle is located.

• 5.5

  In the event of a lack of valid registration of the parking, the vehicle risks being imposed a control fee.

• 5.6

  Upon completed purchase/reservation, a confirmation is sent by e-mail to the e-mail address provided by the User.

• 5.7

  With a purchase through OPARKO, an unspecified parking bay is made available at the selected parking space/parking location and for the selected period. OPARKO cannot be held responsible if there are no available parking bays (as this is not a booking). Parking should therefore not be purchased before the vehicle is duly parked at the parking space.

• 5.8

  The User is not entitled to a refund of unused parking. See section 4.2.1.2.

• 6.1

  The User is at all times responsible for providing correct information about the User, and for ensuring that relevant vehicles are correctly registered with OPARKO. Immediately after creation/registration, the User must log in to "My Account" to ensure that the registered information is correct. OPARKO can never be or become responsible for incorrect registrations/entries, regardless of the registration method.

• 6.2

  The User is responsible for continuously ensuring that the means of payment that is registered, and that is used via OPARKO, is not blocked, is valid and that there is sufficient cover on the registered means of payment. Upon expiry of a registered means of payment, the User must provide OPARKO with information (by an update in the App under "payment methods") about a new means of payment. The information about a new means of payment must be provided no later than the end of the calendar month preceding the calendar month in which the registered means of payment is no longer usable.

• 6.3

  Secure and proper storage of the login information is the User's responsibility.

• 6.4

  Furthermore, it is the User's responsibility that the login information is not disclosed or otherwise made available to unauthorised persons.

• 6.5

  It is solely the User's responsibility that the User's OPARKO account is only used and is only used by the right persons.

  • 6.5.1

    The User must immediately inform OPARKO (e.g. by contacting OPARKO Customer Service or by updating the information in "My Account") if:

    • 6.5.1.1

      the User has reason to believe that an unauthorised person has gained access to or knowledge of the Login information,

    • 6.5.1.2

      registered information about the User has been changed and/or should be updated, or

    • 6.5.1.3

      the User no longer has a registered vehicle at their disposal or no longer has to pay for parking sessions carried out with a registered vehicle.

  • 6.5.2

    The information must in the first instance take place by the User updating the information in OPARKO themselves. It is the User's responsibility that no vehicles are registered that the User does not have to pay for. OPARKO can thereby take the necessary precautions, for example changing/blocking the Login information and/or the User's account or asking the User to update the User's registered information. The User is likewise obliged to inform OPARKO of other matters of importance to the Agreement and/or the delivery of the Services.

  • 6.5.3

    The User is responsible for ensuring that the App is up to date at all times. The correct functionality of the mobile phone or other technical equipment is at all times the User's responsibility. It is the User's responsibility that the medium used is compatible with the Services and the App. The functional requirements for the Services and the App applicable from time to time can be obtained by contacting Customer Service.

• 6.6

  The User is at all times obliged to comply with applicable laws and rules as well as the rules and conditions shown on the signage at the relevant parking space where the User parks their vehicle.

• 6.7

  The User is responsible for ensuring that parking is started correctly by specifying the parked vehicle's registration number and the area code applicable to the parking space used. The User is responsible for ensuring that the area code specified by the User is correct, even if the area code is suggested by the App's location function. PLEASE NOTE: If the correct registration number and/or area code is not entered, valid payment for the parking has not been made, which is why the parked vehicle risks being imposed a control fee.

• 6.8

  The User is responsible for ensuring that a started parking is ended. If the User does not specify a preliminary end time or a total parking time when parking begins, the User is responsible for ending the parking manually. The parking can be ended via the App or by contacting OPARKO using the contact details shown in the App, on the website and on the OPARKO signs.

• 6.9

  If the Parking service is not available or is out of operation when the User needs to park, or while the User is parking (e.g. for reasons attributable to the phone, mobile phone or other technical equipment used by the User, or due to a fault, interruption or delay of the telephone, internet or other communication networks), the User is responsible for ensuring that payment is made by other means and as specified by the signage displayed at the parking space (for example by payment in the relevant machine).

  • 6.9.1

    The User is responsible for payment of any control fees or charges for incorrect parking (which are notified or collected in connection with breaches of parking restrictions).

  • 6.9.2

    If the parked vehicle is registered to a company, the parking is considered to have been carried out in a work-related context, which is why the Company will be considered the correct debtor in this situation.

• 6.10

  The User has the option of viewing the parking history for the parking sessions the User has paid for via OPARKO.

• 6.11

  All parking purchased/reserved via OPARKO takes place at the User's own risk, unless otherwise specifically stated in these terms and conditions.

• 6.12

  OPARKO assumes no responsibility in connection with accidents, theft, damage to persons, vehicles, equipment and effects in connection with the vehicle being parked at a parking space. OPARKO cannot be held responsible for any form of indirect loss or consequential damage.

• 7.1

  By submitting a complaint, you accept that the e-mail address provided may be used as contact information in connection with the handling of the case, including in connection with any collection of the relevant parking fee.

• 7.2

  In the event of a deficient Service or incorrect charge, the User must, immediately and no later than 30 days after the provision of the relevant Service was delivered or after the User discovered or should have discovered the relevant incorrect charge, submit a written complaint to OPARKO customer service. The complaint must clearly state the defect or error. The User must provide reasonable assistance to OPARKO in connection with any investigations relating to the complaint.

• 7.3

  Complaints about imposed control fees must be made to the issuer of the imposed control fee(s).

• 8.1

  The User is at all times liable for all payments made via OPARKO.

• 8.2

  Payments are made by the User registering a valid means of payment in the App. Payment will be charged via the means of payment registered by the User. When a vehicle is marked as active, the User has accepted that payment is made automatically via the specified preferred means of payment. The administrator will be invoiced for payments where Business Parking is registered as the means of payment. The User selects and approves the payment method in connection with the application for registration. It is the User's responsibility that a correct and valid means of payment is specified before the parking is started. Incorrect use of Business Parking is solely a matter between the Administrator and the User.

• 8.3

  In the event of late payment, any reminders will be charged in accordance with applicable law.

• 8.4

  All prices are stated in Danish kroner and including VAT. The price to be paid for the parking carried out depends on the selected parking space, the selected parking period, and whether an ongoing parking is extended.

• 8.5

  When creating a parking and when extending, it is stated how much the relevant parking or extension costs, and this amount must be approved before the parking is created and/or extended.

• 8.6

  In some cases, an operating fee will be charged in addition to the hourly price for parking. This will always be shown in the App or the Website when purchasing a permit.

• 8.7

  OPARKO reserves the right to change charges and prices.

• 8.8

  PLEASE NOTE: OPARKO reserves the right to update and change the content of the App as well as the website without prior notice.

• 9.1

  Pursuant to the Danish Consumer Contracts Act (Act No. 1457 of 17 December 2013), the User has the right to withdraw from the conclusion of the Agreement by notifying OPARKO customer service within 14 days of approval of the registration.

• 9.2

  The User understands that the normal 14-day right of withdrawal under the Danish Sale of Goods Act (Act No. 1853 of 24/09/2021) only applies to parking that has not yet taken effect (become valid) at the time of withdrawal. Thus, if the User orders parking with a validity period from the same day (immediately), the right of withdrawal likewise ceases the same day (immediately), and the otherwise applicable 14-day right of withdrawal is thereby waived by the User. Where the User purchases parking with a validity period beginning later than 14 days from the conclusion of the subscription agreement, the User has a 14-day right of withdrawal.

• 9.3

  In order to be able to make use of the right of withdrawal, the notice of withdrawal must be submitted to OPARKO no later than the 14th day from the day on which the payment is registered with OPARKO.

  • 9.3.1

    If the deadline expires on a public holiday, Saturday, Constitution Day, Christmas Eve or New Year's Eve, the deadline is extended to the following working day.

  • 9.3.2

    To exercise the right of withdrawal, the User must send OPARKO an e-mail stating that the purchase/reservation is being withdrawn (see section 11.2.8).

• 9.4

  Please note that entry to the parking space/approval of the purchase in the app or website is considered acceptance that parking begins. If you then withdraw your purchase in the app or website, your refund is reduced by a proportionate part of the total price for the parking in the purchased period, based on the number of days/hours/minutes the vehicle has been parked until OPARKO received the registration of the exercise of the right of withdrawal.

• 10.1

  The User can choose to close the User's account in the App, or by closing the User's account via the website, whereby the User's OPARKO account is invalidated, so that the User no longer has the option of paying for parking via OPARKO.

• 10.2

  Unpaid matters will be charged in accordance with the agreement concluded, even if the User closes the OPARKO account.

• 11.1

  This Agreement is valid from OPARKO's approval of the User and until it is terminated in accordance with the terms of the Agreement or until otherwise agreed in writing.

• 11.2

  OPARKO is entitled to immediately suspend the User's access to the Services, cancel the User's account and/or terminate the Agreement with immediate effect if:

  • 11.2.1

    the User materially breaches their obligations under this Agreement,

  • 11.2.2

    the User does not fulfil, or there is reasonable ground to assume that the User will not fulfil, their payment obligations to OPARKO,

  • 11.2.3

    the User, in OPARKO's reasonable assessment, can be expected to become insolvent,

  • 11.2.4

    the User uses OPARKO's Services contrary to the Agreement or in a way that otherwise harms or negatively affects OPARKO or any third parties,

  • 11.2.5

    the User has repeatedly parked a vehicle contrary to applicable laws, rules and/or rules specified by the relevant OPARKO,

  • 11.2.6

    the User has provided incorrect, deficient or misleading information, or

  • 11.2.7

    OPARKO, on the basis of an overall assessment, finds it likely that the User may be involved or implicated in criminal activities.

  • 11.2.8

    Termination of the Agreement must be made in writing to OPARKO's contact e-mail or via the form on the website.

• 11.3

  Termination of the Agreement (regardless of reason) does not affect the rights and/or obligations that a Party has incurred towards the other Party prior to the date of termination of the Agreement.

• 12.1

  OPARKO's total liability can under no circumstances exceed an amount corresponding to kr. 38.000,00, unless OPARKO has acted intentionally or has shown gross negligence.

• 12.2

  OPARKO is not responsible for accidents, theft, personal injury, damage to vehicles, equipment or other effects mounted on or in the vehicle.

• 12.3

  OPARKO is not responsible for either indirect loss or consequential damage. OPARKO is not liable in relation to the User's relationship with any third party.

• 12.4

  OPARKO is not liable for damage or loss that the Administrator and/or the User has incurred as a result of:

  • 12.4.1

    Parking at a parking space,

  • 12.4.2

    the User's error or negligence, including if the User has not correctly started or ended a parking (regardless of whether it has been chosen to receive a reminder or a push notification from OPARKO), or if the User has specified an incorrect area code in relation to a Parking space and/or registration number when beginning a parking (regardless of whether the User has specified such an area code manually or it has been suggested via the location function in the App),

  • 12.4.3

    the User not having complied with their obligations under this Agreement and terms of use of OPARKO or the User otherwise not having followed OPARKO's instructions,

  • 12.4.4

    the User having parked the vehicle contrary to applicable laws, rules and/or rules specified on the signage displayed at the relevant parking space where the User parks the vehicle,

  • 12.4.5

    errors or insufficient functionality on the User's mobile phone or other technical equipment (such as the equipment being switched off or the battery having run out of power),

  • 12.4.6

    breakdown, interruption or delays on the telephone, internet or other communication networks, or the telecommunications operator's actions or omissions that affect the functionality or availability of the Service,

  • 12.4.7

    errors or defects in a technical function that indicates the price of the relevant Parking fee,

  • 12.4.8

    the Service having been interrupted by OPARKO due to circumstances that turn out to be incorrect, but which OPARKO had reason to believe were correct at the time of the interruption, and which justified the interruption,

  • 12.4.9

    interruptions or insufficient access to one or more Services that OPARKO could not reasonably have foreseen,

  • 12.4.10

    a Parking space suggested by OPARKO not being available when the User arrives there,

  • 12.4.11

    unauthorised use of Login information and/or Services, or

  • 12.4.12

    force majeure (see section 15).

• 12.5

  OPARKO is under no circumstances liable for indirect damage such as, for example, operating loss and loss of data. OPARKO is not liable in relation to the Administrator's and/or the User's relationship with any third parties.

• 13.1

  The User must indemnify OPARKO for claims for damages or losses resulting from the User's error or negligence, the User's failure to fulfil their obligations under this Agreement or otherwise failure to comply with OPARKO's instructions. The User must likewise indemnify OPARKO for claims from third parties that are a direct or indirect consequence of the User's use of a Service.

• 14.1

  The User accepts that software can never be tested in all possible situations, and that deviations from the agreed functionality as well as unforeseen errors and interruptions may occur. OPARKO is generally available 24 hours a day, with the exception, however, of planned interruptions for upgrades, changes and maintenance. The right to update OPARKO with new functions or otherwise make changes, for example to adapt the system to new technology, new security standards or new administrative procedures, etc., is reserved by OPARKO. OPARKO assumes no responsibility for any damage or loss in connection with lack of access to OPARKO, OPARKO being out of operation or containing errors.

• 14.2

  All copyrights (including rights to source codes, computer programs, algorithms and object codes) and other intellectual property rights (including patent rights and trademarks) relating to OPARKO and its content are owned or licensed by OPARKO or its suppliers and partners. Neither the Administrator nor the User is transferred any of these rights under this Agreement. It is not permitted to use OPARKO or its content for commercial purposes. The User is not entitled to copy, distribute, sell, publish, transfer, lend, sublicense, change or otherwise dispose of the software contained in OPARKO. The User is not entitled to carry out disassembly, reverse engineering, decompilation or otherwise attempt to gain access to the software source code.

• 14.3

  The User must ensure and guarantee that all information and data transferred to OPARKO is free of harmful elements, source codes or malware (such as viruses, worms and Trojan horses). Information that the User uploads to My Pages or makes available via the App must not infringe third-party intellectual property rights or otherwise conflict with laws, rules or the rights of others. It is the User's responsibility that the intellectual property rights of third parties or others are not infringed.

• 14.4

  Unless OPARKO has acted grossly negligently or intentionally, OPARKO is not responsible for any data being made available to third parties. OPARKO uses customary security measures to protect data.

• 15.1

  OPARKO is not liable or responsible for breakdowns or delays in the performance of the terms of this Agreement as a result of circumstances beyond OPARKO's reasonable control.

• 16.1

  The User accepts that OPARKO reports any misuse of the Services, illegal activities, illegal or inappropriate behaviour and/or suspicion thereof to the police or other competent authorities.

• 17.1

  This Agreement is governed by and shall be interpreted in accordance with Danish law. Any dispute, disagreement or any claim arising out of or in connection with this Agreement, or any breach, termination or invalidity thereof, shall as a general rule be resolved by voluntary agreement between the Parties. If agreement cannot be reached in the first instance, a discussion is held between a representative chosen by the User and OPARKO. If the Parties cannot reach an agreement, the dispute may be heard by the Danish courts, with the District Court of Aarhus as the first instance. This section 17.1 applies after the cessation or expiry of this Agreement.

• 17.2

  If a provision of this agreement is set aside as invalid, the Agreement shall otherwise be maintained, and the invalid provision shall be replaced with a valid provision, as far as possible.

• 17.3

  OPARKO reserves the right to change these general terms and conditions for the use of OPARKO. If this happens, OPARKO must immediately notify of this, and make a new version of the general terms and conditions for the use of OPARKO available. If the User then continues to use the services, this is considered an acceptance of these changes. Notwithstanding this, OPARKO reserves the right to change prices and fees/charges as a result of increases in operating costs, other costs as well as increases in charges and fees, etc. The general terms and conditions applicable from time to time can be found in the App or on the website.

• 18.1

  When creating and using OPARKO Subscription Parking, the general terms and conditions for the use of OPARKO are also accepted, in addition to the below. These terms are shown in the OPARKO app and on the website.

  • 18.1.1

    Upon conclusion of a subscription parking agreement, the User obtains a time-limited digital parking permit.

• 18.2

  The subscription parking agreement applies to the selected number of subscription parking agreements, which entitle parking in the same number of parking bays at the selected parking space. For Subscription Parking, it is a condition of validity that the vehicle is correctly registered in OPARKO. Correct and valid registration requires that the registration number is registered correctly and that the vehicle is correctly registered on the subscription parking product. The registered vehicle may park in parking bays that are not otherwise reserved. This applies around the clock, all days of the week.

  • 18.2.1

    The subscription parking will appear under active parking sessions, rented parking spaces.

  • 18.2.2

    It is a condition of validity for correct and valid registration that the registered vehicle is selected as the favourite car and appears correctly registered on the subscription parking product under rented parking spaces.

• 18.3

  The subscription parking agreement applies to the use of a marked parking bay on a "first come, first served" basis. That is, with the subscription parking agreement, the User obtains only a "floating right" to a marked parking bay that is not otherwise reserved. In the event that there is no available marked parking bay, OPARKO cannot be held responsible for this, nor is the User entitled to a reduction of the fee.

  • 18.3.1

    The fact that the User does not use subscription parking for the full selected period does not entitle the User to a reduction of the fee.

• 18.4

  The subscription parking agreement takes effect from and including the date selected by the User, and runs for the specified period. The subscription parking agreement can be terminated immediately by OPARKO without further justification. The User can terminate at the earliest to the end of a purchased period. Termination takes place by the User not renewing or extending the subscription parking agreement. In the event that the User has chosen automatic renewal, the User must stop automatic renewal in order to terminate the subscription parking agreement.

  • 18.4.1

    The User can at any time only terminate the subscription parking agreement to the expiry of the selected period. In that case, no money will be withdrawn from the User's payment card before a new subscription parking agreement is created.

  • 18.4.2

    The subscription parking applies from the selected date and for the selected period. A subscription parking agreement is thus not necessarily valid from the 1st to the 1st of a month, unless the User has chosen this.

• 18.5

  The User is at all times responsible for ensuring that there is a valid subscription agreement for the vehicle that is parked at the parking space. It is likewise the User's own responsibility that linked vehicles are registered correctly and completely on the profile. A control charge may be imposed if correct and complete registration of a parked vehicle has not taken place. The control charge cannot subsequently be waived.

• 18.6

  The content, prices and any special conditions of the subscription parking agreement for the Product Packages will at all times be specified on the Website and in the App. The fee is paid in advance. For the first time upon conclusion of the subscription parking agreement.

  • 18.6.1

    In some cases, the User will be given a unique product code to be used during registration. In connection with receipt of the unique product code, the User is informed of how the User must proceed in connection with the payment obligation and how registration of the unique product code must take place.

  • 18.6.2

    In the event that the subscription parking agreement is either terminated, cancelled, withdrawn or the unique product code issued is annulled or blocked, OPARKO is entitled to use the registered information, including the User's e-mail address, etc. to give notice thereof.

• 18.7

  The fee is index-adjusted every year on 1 January without further notice, when it is adjusted by the net price index for the month of October in the preceding year, however by a minimum of 3% (rounded to the nearest whole kroner) in relation to the fee payment of the previous year. Index adjustment of the fee takes place on the basis of the fee applicable immediately before the adjustment, regardless of whether this fee may have arisen from adjustment in a way other than index adjustment.

  • 18.7.1

    In addition to the above index adjustment, OPARKO reserves the right to change prices and fees/charges as a result of increases in operating costs, other costs as well as increases in charges and fees, etc. Such changes take effect at the earliest at the end of the current month + 1 month after the user has been informed of such changes.

• 18.8

  OPARKO reserves the right to correct price errors, price changes and updating errors.

• 18.9

  If the User has chosen automatic renewal, it is the User's own responsibility to "stop" the automatic renewal by terminating the subscription parking agreement. The fact that payment is stopped is not to be regarded as a termination. Payment is charged until termination of the subscription parking agreement.

• 18.10

  All movement and parking takes place at the User's own risk. OPARKO is not responsible for theft or damage that may be inflicted on the User's vehicle, regardless of the cause thereof.

• 18.11

  The subscription parking agreement may not, without written consent from OPARKO, be used for anything other than parking of the correctly registered vehicle, with a registered gross weight of max. 3.500 kg.

• 18.12

  By this subscription parking agreement, the User is expressly made aware that conclusion of this subscription parking agreement does not entitle the User to cancel imposed control fees. The subscription parking agreement is only valid from the time the registration number is registered correctly. The subscription parking agreement is only valid for the vehicle that is registered correctly.

  • 18.12.1

    The subscription parking agreement only entitles parking in the area shown on the subscription parking agreement, in the marked parking bays where it is not stated that special rules apply for parking in these parking bays. It is noted that the subscription parking agreement is not a valid parking permit for parking in parking bays that are reserved.

• 18.13

  In the event of the user's material breach of the agreement, OPARKO can cancel the subscription parking agreement with immediate effect. Material breach is considered to include, but is not limited to, failure to pay the agreed fee, breach of the provisions of this agreement as well as any violation of the parking provisions. In the event of material breach, OPARKO is entitled to impose a control fee and possibly remove or take the user's vehicle into custody until the fees and costs owed have been paid. The User does not have access to set-off, even if there may be/is disagreement about the claim.

  • 18.13.1

    OPARKO can terminate the subscription parking agreement in writing with 1 month's notice in the event that maintenance, rebuilding, renovation or similar matters are to be carried out that mean that OPARKO can permanently no longer use the parking bay.

• 18.14

  Pursuant to the Danish Consumer Contracts Act (Act No. 1457 of 17 December 2013), the User has the right to withdraw from the conclusion of the Agreement by notifying OPARKO customer service within 14 days of approval of the registration. In order to be able to make use of the right of withdrawal, the notice of withdrawal must be submitted to OPARKO no later than the 14th day from the day on which the payment is registered with OPARKO.

  • 18.14.1

    If the deadline expires on a public holiday, Saturday, Constitution Day, Christmas Eve or New Year's Eve, the deadline is extended to the following working day.

  • 18.14.2

    To exercise the right of withdrawal, the User must send us an e-mail or a letter stating that the purchase/reservation is being withdrawn. Please note that entry to the parking space/approval of the purchase in the app or website is considered acceptance that parking begins and an acceptance that the 14-day right of withdrawal is waived. If you then withdraw your purchase in the app or website, your refund is reduced by a proportionate part of the total price for the parking in the purchased period, based on the number of days/hours/minutes the vehicle has been parked until OPARKO received the registration of the exercise of the right of withdrawal.

• 18.15

  Any disputes between OPARKO and the User regarding the understanding of this agreement shall be settled by the ordinary courts applying Danish law. The agreed venue is the District Court of Aarhus.

• 18.16

  The User is not entitled to sublet the parking bay. Violation of this is considered a breach, cf. section 13.

• 18.17

  OPARKO is the parking administrator on behalf of the space owner/the space owner's property administrator. All enquiries regarding this contract must be made to OPARKO. If OPARKO ceases to be the parking administrator, the agreement will be transferred to a new parking administrator.

• 18.18

  With regard to the storage and processing of personal data, please refer to the privacy policy applicable from time to time, shown above. If it is desired to have the information deleted, this is regarded as termination of the subscription parking agreement. This is because OPARKO in these cases cannot maintain the agreement without the stated information.