Introduction

This contractual document governs the General Terms and Conditions for the contracting of services (hereinafter, the “Terms”) through the website www.eurekaparking.es, owned by LUCKNOLDAN S.L. (hereinafter, the PROVIDER), whose contact details also appear in the Legal Notice of this website.

These Terms may be modified at any time. It is the USER’s responsibility to read them periodically, as those in force at the time orders are placed shall apply. For the USER’s greater security, the general terms applicable to the contract in question will be sent, together with the proof of contracting the service, to the email address indicated by the USER.

Contracts shall not be subject to any formality except in the cases expressly set out in the Civil Code, the Commercial Code, the Consolidated Text of the General Law for the Defence of Consumers and Users, the Information Society and Electronic Commerce Act, the Retail Trade Act or other special laws.

Acceptance of these conditions during the contracting process entails the USER’s agreement with the content of this document, namely that:

• They have read, understand and comprehend what is set out herein.

• They are a person with sufficient capacity to enter into a contract.

• They assume all the obligations set out herein.

These conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the PROVIDER’s website while they are in force.

The PROVIDER states that the sale of its services is carried out responsibly and in accordance with the legislation in force in Spain, and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the services contracted by the USER is LUCKNOLDAN S.L., with registered office available upon request, Tax ID B55461206, and customer/USER service telephone +34 623314984.

And on the other, the USER, registered on the website by means of a username and password, or identified in person at the car park offices, over which they have full responsibility for use and safekeeping, and who is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual sale relationship arising between the PROVIDER and the USER when the latter accepts the corresponding checkbox during the online contracting process, as well as bookings made by telephone or in person at the site.

The contractual lease relationship entails the reservation of a parking space for a specific period of time and in exchange for a price publicly stated on the website.

Contracting procedure

In order to access the services offered by the PROVIDER, the USER must be of legal age and register on the website by creating a user account. The USER must therefore freely and voluntarily provide the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Spanish Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and the Privacy Policy of this website.

The USER will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER may block them immediately.

Through this registration, the USER may also tick the box to receive advertising for similar services, thereby distinguishing between the different processing operations carried out.

Once the user account has been created, and as required by article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the steps below:

• General contracting clauses.

• Purpose and services.

• Activation of services.

• Right of withdrawal.

• Complaints.

• Force majeure.

• Customer liability.

• General features of the offer.

• Price and validity period of the offer.

• Obligations of the Parties.

• Transport costs.

• Method of payment, costs and discounts.

• Protection of Personal Data.

• Applicable Law and Jurisdiction.

• GENERAL CONTRACTING CLAUSES

Unless otherwise agreed in writing, placing an order with the PROVIDER implies the USER’s acceptance of the legal conditions set out in this text.

The general conditions governing the contracting of the service shall be those in force at the time of contracting. For the USER’s greater security, they will be sent to the email address registered in the user’s profile, stating the date and time at which the service was contracted.

• PURPOSE, DEFINITIONS AND SERVICES TO BE CONTRACTED.

These conditions govern access to and the contracting of the services offered by Lucknoldan, S.L. through its website www.eurekaparking.es, as well as their use by the persons who contract them. For these purposes, the following definitions shall apply:

• PROVIDER: The service provider shall be Lucknoldan, S.L., or where applicable the entity or commercial company providing the service.

• USER: The natural or legal person who contracts the service through the aforementioned website. • PRICE: The amount of the service shall be that indicated for each product at the time of contracting. • SUBSCRIBER: The natural or legal person who contracts a pass product in any of its forms.

• SUBSCRIPTION: Activating the subscription of the contracted product entails the automatic renewal of the product for the same duration as contracted.

The services available to the USER on the Eureka Parking e-commerce site, for contracting at any of the affiliated car parks, are the following:

• Advance booking: The user who contracts this product may book in advance, from one day onwards, to park their vehicle. The user selects the entry time and date. The system automatically sets the same time on the following day as the exit date. The user may cancel the contracting of the product up until the moment before the start of the contracted product.

• Monthly pass: The user who contracts this product may reserve parking for a motor vehicle for a duration of one month, in its 24-hour, mornings, or afternoons-and-nights forms. The product takes effect from the moment of contracting. In the event of cancellation of the subscription, the current subscription will not be refunded, and the product will not be renewed at the end of the current subscription. The user may cancel up until the moment before the start of the contracted product.

• Weekly pass: The user who contracts this product may reserve parking for a motor vehicle for a duration of one week. The product takes effect from the moment of contracting. In the event of cancellation of the subscription, the current subscription will not be refunded, and the product will not be renewed at the end of the current subscription. The user may cancel up until the moment before the start of the contracted product.

• Fortnightly pass: The user who contracts this product may reserve parking for a motor vehicle for a duration of fifteen calendar days. The product takes effect from the moment of contracting. In the event of cancellation of the subscription, the current subscription will not be refunded, and the product will not be renewed at the end of the current subscription. The user may cancel up until the moment before the start of the contracted product.

Some of these products may be restricted to certain types of vehicle depending on the characteristics of the car park.

• ACTIVATION OF SERVICES

The PROVIDER will not reserve the contracted service until it has verified that payment has been made by the USER.

As the order does not involve the physical delivery of any product, the services being contracted directly from the website, the PROVIDER will inform the USER in advance about the procedure to follow to complete this contracting.

Failure to perform the distance contract

For the provision of the service, it will be available from the moment the user has made payment and the USER has received the proof of payment, and it may be downloaded or activated according to the PROVIDER’s conditions and the terms contracted.

The PROVIDER shall assume no liability where the download or activation of the service does not take place because the data provided by the USER is false, inaccurate or incomplete.

The provision of the service shall be deemed to have been carried out at the moment the USER has contracted the service, regardless of whether or not the USER makes use of the contracted service.

Should the contract not be activated under the contracted terms due to a cause attributable to the PROVIDER, the USER shall be entitled to claim a refund of the price paid for the service, or to have the proportional part not enjoyed due to the cause attributable to the PROVIDER deducted.

• CUSTOMER OBLIGATIONS

The Customer undertakes towards the Company to:

• Hand over the Vehicle in full mechanical condition, in full working order and with all technical checks and inspections, as well as with all legally required documentation (under Spanish law) that adequately entitles the Customer to make the Vehicle available and to have it moved by Company employees under the terms of clause 4.1 b) and c).

• Hand over the keys to the Vehicle that allow access to it; the alarm remote if it is independent, and any other remote that allows the alarm to be deactivated if necessary;

• Allow access to the interior of the Vehicle and its driving by the Company’s staff, under the terms and for the purposes of clause 4.2.

• Any other access to the Vehicle is excluded, except for situations resulting from orders issued by entities with authority, Police and judicial officers, or with public-order powers;

• Carry out the check-in and check-out procedures set out in clause 7, signing the corresponding documentation;

• Ensure that all belongings and goods not necessary to drive or park the Vehicle are removed from it (in particular all personal or valuable effects);

• Authorise the Company, through its staff, to remove from the Vehicle, after its handover, any easily detachable element attached to it, such as the antenna and other accessories, which must be placed back on the Vehicle when it is returned;

• Pay the price of the services covered by this contract under the terms of the price list in force at any given time;

• Authorise the company to manoeuvre and park the vehicle in the Eureka Parking car parks and in the facilities of other entities that have an agreement with Eureka Parking, within a radius of 6 km. In the event of an accident, customers agree to the repair of the vehicle at the workshop arranged by Eureka Parking over any other.

• Customers whose vehicle is on the public road must, in the event of an accident, always activate the vehicle’s compulsory insurance.

Delivery and return of the vehicle

The delivery of the Vehicle, whether by immediate handover at the Eureka Parking car park or handover at the airport, shall take the following points into account:

• The customer must hand over the Vehicle without any item that is not an integral part of it, whether in the cabin or in the boot, namely communication equipment, radios, computers, cameras, clothing, glasses, money, etc., or any other physically removable item, for which Eureka Parking assumes no liability.

• The Customer and the Company representative must carry out a check-in of the Vehicle, in which an inspection of its interior and exterior will be made, and photographic records may be taken, in order to record any damage, wear or defects existing on the delivery date. This record will be kept by the company for up to 3 days after the vehicle is handed over.

• If the customer so requests, the Company’s reception document will also be signed, stating the Vehicle’s mileage, fuel level and other facts that may be relevant for the purposes of the Company’s liability;

• The return of the Vehicle to the Customer, whether at the airport or at the Eureka Parking car park, will be preceded by a check-out of the Vehicle, with a record made by the Customer, in order to confirm, if requested, the Vehicle’s mileage, fuel level, etc., as well as the absence of damage or any liability on the part of the Company. Any complaint the Customer wishes to make must be submitted at the Company’s premises in the car park. Eureka Parking’s liability expires the moment the vehicle leaves our facilities or is handed over satisfactorily at the airport terminal.

• Taking into account the return and check-out to be carried out under the previous clause, any complaint the Customer may submit regarding damage or defects of the Vehicle must be sent within a maximum of 3 working days after the date of its return, failing which the Customer’s right to claim for any damage shall lapse.

• In the absence of an express reservation or complaint by the customer at the time the vehicle is returned by the Eureka Parking valet at the airport or at the Eureka Parking car park, it will be deemed that the customer acknowledges that their vehicle is in the same condition as before handing it over. No complaint may be accepted if these formalities and deadlines are breached by the customer.

• COMPANY LIABILITY

• The Company shall be liable to Customers for damage culpably caused by its employees, strictly in the following cases:

• Damage caused to the Vehicle as a result of handling it within the Eureka Parking car park and other facilities of entities that have an agreement with Eureka Parking, within a radius of 6 km.

• Any damage suffered by the Customer and their companions as a result of transport, provided that it results from an unlawful act of gross negligence or wilful misconduct on the part of the Company employees performing the duties of driver of the transport vehicle.

• Any other damage arising from an unlawful act with wilful misconduct or gross negligence on the part of the Company’s employees, representatives or agents, and whose liability cannot be excluded under the previous clauses.

• The Company’s liability is expressly excluded with respect to:

• Damage suffered by the Customer relating to the theft of any item left in the Vehicle after its handover.

• Any mechanical damage to the Vehicle not caused by Company employees, including damage caused by third parties as a result of their unlawful intrusion into the Eureka Parking car park.

• Eureka Parking’s insurance policy does not cover any damage arising from natural disasters or adverse weather conditions.

• We are not liable for the isolated breakage of glass.

• Recommendations for handing over the vehicle: airlines recommend arriving 2 hours in advance for international flights and 1 hour for domestic flights. Although the reception of your vehicle and its transport to the terminal takes only a few minutes, the car park user must arrive at our facilities 20 minutes before the check-in opening time for their flight. We are not liable for the loss of your flight if you do not complete check-in, if you do not arrive sufficiently in advance, or if the courtesy transport service is delayed, for example due to excess traffic, weather conditions, etc.

• The company shall never be liable for any problem your vehicle may have when starting, due to mechanical failure, problems with the windows, flat or under-inflated tyres, existing bodywork damage or a flat battery. The customer may not claim for these facts.

• Paintwork defects not caused by structural damage are excluded. Small scratches, chips and scuffs affecting the paint and/or parts of the vehicle that are not the result of structural damage to the vehicle (impact and/or rubbing with another vehicle, column or object that deforms, dents and/or displaces one or more parts of the vehicle) are excluded. Damage to the underside of the vehicle and damage that is not noticeable due to the vehicle being dirty are also excluded. In any case, it shall be the customer who must provide evidence that such damage occurred during the vehicle’s stay at our facilities.