1. GENERAL TERMS

    1. Applicability. These General Terms and Conditions are an integral part of the Contracts signed between Barking OÜ and persons registered via the Service Environment located on the website https://barking.ee as Parking Spot Holders i.e. users of the Services provided by Barking OÜ. The Contract between Barking OÜ and a Parking Spot Holder shall be considered signed upon the Parking Spot Holder’s granting of consent to the Contract’s terms in the Service Environment.
    2. Object of the Contract. Under the Contract, the Parking Spot Holder gives Parking Spots into Barking OÜ’s use on terms indicated in the Service Environment, for the purpose of giving them into Users’ sub-use via the Mobile Phone Application.
    3. Service. The content on the Service provided by Barking OÜ is to make it possible for Users via the Mobile Phone Application to use vacant Parking Spots, incl. the booking of Parking Spots, the documentation of the Parking Time in real time, the payment of the Parking Fee and other fees stated in the General Terms and Conditions and the Modem-based real-time enabling of entry into and exit from the Parking Spot via the Mobile Phone Application. The Service does not include an obligation of Barking OÜ to ensure the correctness of the information provided by a Parking Spot Holder, nor an obligation to ensure that the User can factually park at the Parking Spot (i.e. that the Parking Spot is actually vacant, parking is not hindered by other persons or in any other manner, and the Parking Spot complies with the requirements of public order and safety).
    4. Parties to a Contract. The parties to a Contract are a Parking Spot Holder as a person granting the use and Barking OÜ as a user.
    5. Legislation. In addition to the General Terms and Conditions, the legal relationships created by the Contract are regulated by the Law of Obligations Act, the Consumer Protection Act and other legislation regulating the provision of services or regulating in some other manner the legal relationship between the parties to the Contract and being in force in the Republic of Estonia.
    6. Personal authentication and data. Barking OÜ authenticates a Parking Spot Holder’s person by an ID-card or a Mobiil-ID upon creating a User Account in the Service Environment, and by a username and password upon each subsequent logging into the User Account. A Parking Spot Holder undertakes to forward to Barking OÜ only correct data about themselves upon signing and performing a Contract and to immediately correct the data via the Service Environment upon any change thereof.
    7. Barking OÜ’s cancellation right. Barking OÜ shall have the right to cancel a Contract without any sanctions and to terminate the provision of the Service, if:
      1. Barking OÜ discovers that for any reason not stemming from Barking OÜ, Users are unable to physically use the Parking Spot (i.e. parking at the Parking Spot is not reasonably possible);
      2. third parties involved by Barking OÜ for the provision of the Service cease to provide the relevant service or cease to make the use of that service available to Parking Spot Holders or Users;
      3. a Parking Spot Holder materially violates the General Terms and Conditions or fails to eliminate other violation within the grace period provided for that purpose.
    8. Obligations of Barking OÜ upon a Contract’s end. Upon a Contract’s end, incl. upon withdrawing from a Contract, Barking OÜ shall forward the amounts of Parking Fees, Booking Fees and Contract Penalties paid by the User but not yet forwarded, pursuant to clause 2 of the General Terms and Conditions. Upon withdrawing from a Contract, Barking OÜ shall have the right to immediately block the use of the Service Environment and the Mobile Phone Application and/or the Modem and to dismount the Modem given into the Parking Spot Holder’s use, incl. taking possession of the Modem.
    9. Definitions. The following definitions are used in the General Terms and Conditions, Parking Contracts and the Terms and Conditions of Parking as well as the communication between the parties:
      1. Settlement Fee is the fee payable to the provider of mobile phone payment or credit card payment services, for a settlement related to the Service;
      2. Barking OÜ is a company with the registry code 12801774 and the location at Estonia pst 5, Tallinn, 10143, Estonia.
      3. Booking Fee is the fee for booking a Parking Spot. In cases prescribed by the law, the Booking Fee shall be supplemented by value added tax;
      4. Map Application is the Mobile Phone Application’s component displaying the locations of vacant Parking Spots and the terms for giving them into use;
      5. User is a person who utilises the Mobile Phone Application to sign a Parking Contract with a Parking Spot Holder, for the use of a Parking Spot. Barking OÜ authenticates Users by their telephone numbers;
      6. User Account is an account created for a Parking Spot Holder in the Service Environment, which is used by the Parking Spot Holder to identify themselves and logging into which is necessary for setting the terms of giving the Parking Spot into use, for changing data and for performing other actions related to the Service;
      7. Confirmation is a notice sent by Barking OÜ, which confirms details that are related to the Service’s provision and may have a legal meaning (the signing of the Contract, start or end of the Parking Time, etc.);
      8. Contract is a contract signed between Barking OÜ and a Parking Spot Holder for the provision of Services and for giving Parking Spot(s) into use (lease);
      9. Contract Penalty is a monetary amount indicated in the Service Environment and the Mobile Phone Application as the amount that the User undertakes to pay to the Parking Spot Holder if not vacating the Parking Spot by the end of the Parking Period;
      10. Mobile Phone Application is the Barking Mobile Phone Application, which is used by Users to sign Parking Contracts, pay Parking Fees and open Barriers;
      11. Modem is a device controlled by a mobile communications device or over the Internet (a modem), enabling to open the Barrier restricting access to the Parking Spot being the object of a Parking Contract;
      12. Parking Spot Holder is a person signing a Parking Contract with Barking OÜ via the Service Environment gives a Parking Spot into Barking OÜ’s use pursuant to the General Terms and Conditions;
      13. Parking Time a time period within the Parking Period, during which the User has the right to use the Parking Spot. The Parking Time starts when the User informs via the Mobile Phone Application about starting their parking and ends when the User informs via the Mobile Phone Application about ending their parking or when the Parking Period ends, whichever comes first;
      14. Parking Spot a parking spot for a motor vehicle, clearly marked and with restricted or unrestricted access to the public, which a Parking Spot Holder has given into Barking OÜ’s use with the right to give it into Users’ (sub-)use in turn;
      15. Parking Contract is a fixed-term sub-use contract signed between Barking OÜ and a User for the paid use of a Parking Spot;
      16. Parking Period is a time period set by a Parking Spot Holder, during which Barking OÜ shall have the right to use the Parking Spot under the Contract, i.e. give it into Users’ use for parking their motor vehicles under Parking Contracts;
      17. Parking Fee is a fee paid be a User to Barking OÜ for the use of a Parking Spot. The Parking Fee’s size shall be set by Barking OÜ and it is displayed in the Map Application together with other information about the Parking Spot. The Parking Fee’s amount shall be calculated on the basis of the Parking Time’s duration. In cases prescribed by the law, the Parking Fee shall be supplemented by value added tax;
      18. Terms and Conditions of Parking are the terms and conditions published by Barking OÜ in the Service Environment and in the Mobile Phone Application, pursuant to which Barking OÜ has the right to give Parking Spots into Users’ use. The Terms and Conditions of Parking are published HERE;
      19. Fee is the fee paid by Barking OÜ to a Parking Spot Holder for the use of Parking Spots under the Contract pursuant to the General Terms and Conditions. In cases prescribed by the law, the Fee shall be supplemented by value added tax;
      20. Service Environment is the service environment of Barking OÜ, located at the web address of https://barking.ee and used for providing the Service to Parking Spot Holders;
      21. Service is the service described in clause 3 of the General Terms and Conditions;
      22. Service Fee is the fee payable by a Parking Spot Holder to Barking OÜ for using the Service. In cases prescribed by the law, the Service Fee shall be supplemented by value added tax;
      23. Barrier is a gate, raisable bar or other technical appliance restricting entry into or and exit from a Parking Spot and being opened via the Mobile Phone Application.
  2. PRICES, FEES AND CONTRACT PENALTY

    1. Service Fee. The Service provided by Barking OÜ is chargeable. The Service Fee is 30% of the sum of all Parking Fees paid by Users for the use of a Parking Spot in one calendar month. Barking OÜ has the right to change the Service Fee, informing thereof via the Service Environment at least 30 days in advance.
    2. Fee. Barking OÜ shall pay a Fee to the Parking Spot Holder for the use of a Parking Spot under the Contract. The Fee’s amount shall be the sum of all Parking Fees and Booking Fees paid by Users for the use of a Parking Spot in one calendar month, reduced by the Service Fee. Barking OÜ shall pay the Fee once per month by the 25th day of the calendar month directly following the accounting calendar month, as a bank transfer to the Parking Spot Holder’s account.
  3. SIGNING A CONTRACT, TERMS OF USE OF A PARKING SPOT

    1. Signing a Contract. In order to sign a Contract, the Parking Spot Holder needs to:
      1. register as a Parking Spot Holder in the Service Environment, providing the information requested by Barking OÜ for that purpose and granting a consent to sign the Contract pursuant to the General Terms and Conditions;
      2. buy a Modem from Barking OÜ or to sign a contract for use of a Modem if that opportunity is made available in the Service Environment, and to order the installation and setup of the Modem at the Parking Spot’s location from Barking OÜ;
      3. enter the data stated in clause 2 of the General Terms and Conditions;
      4. forward via the Service Environment a Confirmation of signing the Contract with Barking OÜ pursuant to the General Terms and Conditions and the information presented via the Service Environment.
    2. Data about Parking Spots. A Parking Spot Holder can enter the following data concerning the Parking Spot into the Service Environment upon signing a Contract and during its validity:
      1. the Parking Spot’s location (as an address and as Google Maps co-ordinates) and if necessary then clarifications about the Parking Spot’s access and location in the immovable or building;
      2. the Parking Spot’s number or other identifying designation (if applicable);
      3. the Parking Period (time of day for start and end);
      4. other data requested in the Service Environment.
    3. Displaying Parking Spots in the Map Application. Barking OÜ shall display the data listed in clause 3.2 in the Map Application and shall enable Users to sign a Parking Contract and pay the Parking Fee and other payments stemming from the Parking Contract, utilising the Mobile Phone Application. After signing the Parking Contract, the Parking Spot is displayed in the Map Application as “in use” or “booked” until the end of the Parking Time or until the User’s withdrawal from the Parking Contract.
    4. Information about Parking Contracts. If the Parking Spot Holder has not chosen otherwise in the Service Environment, Barking OÜ shall send notices about the signing of Parking Contracts and/or about bookings to the Parking Spot Holder’s e-mail address. Information about Parking Contracts (both real-time and as history) is also available in the Service Environment.
    5. Terms of use of a Parking Spot. Barking OÜ shall have the right to give Parking Spots into sub-lease to Users pursuant to the Terms and Conditions of Parking.
  4. OTHER TERMS

    1. Limited liability. In case of violation of a Contract, the liability of Barking OÜ is limited to the amount of the Lease payable to the Parking Spot Holder under the Contract but not properly paid by Barking OÜ. Barking OÜ shall not be liable for any incidental or non-proprietary damage caused by a disturbance in the provision of the Service. Barking OÜ shall also not be liable for any damage resulting from disturbances and interruptions of communications or electricity that are of general nature or caused by the activity of third parties. Barking OÜ shall also not be liable for any damage caused to the Parking Spot Holder by a User upon using the Parking Spot.
    2. Consent for the processing of personal data. In order to provide the Service, Barking OÜ needs to process a Parking Spot Holder’s personal data. Upon signing a Contract or creating a User Account, a Parking Spot Holder shall confirm having reviewed Barking OÜ’s Terms and Conditions of Personal Data Processing and shall grant Barking OÜ their consent to process their personal data in compliance with Barking OÜ’s Terms and Conditions of Personal Data Processing. The consent is revocable. In case of revoking the consent, Barking OÜ shall have the right to stop the provision of the Service and cancel the Contract.
    3. Consent for Direct Mailings. Upon signing a Contract or creating a User Account, a Parking Spot Holder shall grant Barking OÜ their consent to send commercial notices to them via Direct Mailing. Direct Mailing is any information designed to directly or indirectly promote the offering of Barking OÜ’s goods or services or to increase Barking OÜ’s reputation. Information related to the provision or administration of the Service or the fulfilment of the Contract is not a Direct Mailing. The consent shall also include consent to receive information (incl. advertising) from third party co-operation partners of Barking OÜ if it is related or part of Barking OÜ’s offer (for example a banner advertisement as part of a newsletter). Such co-operation partners shall not get a Parking Spot Holder’s data for their own use, unless the Parking Spot Holder has granted a direct express consent to the forwarding of their data. A Parking Spot Holder may revoke their consent for Direct Mailings or advertising by informing Barking OÜ thereof, using the contact data stated in clause 7 of the General Terms and Conditions.
    4. Remedy. A Parking Spot Holder shall grant Barking OÜ the opportunity to remedy or reduce within a reasonable grace period any damage that may accompany a violation of the Contract, if the latter so wishes.
    5. Consumer complaints. If Barking OÜ has not solved a Consumer’s complaint or a Consumer does not agree to Barking OÜ’s solution, the Consumer may file a complaint to a consumer complaints committee or a court via the Consumer Protection Board.
    6. Amendments to the General Terms and Conditions. Barking OÜ has the right to unilaterally amend these General Terms and Conditions, the Terms and Conditions of Parking and their factual implementation. Barking OÜ shall inform Parking Spot Holders about amendments via the Service Environment or in some other manner at least one (1) month before the relevant amendments enter into force.
    7. Contact data. Barking OÜ’s contact data are: e-mail address info@barking.ee, address: Estonia pst 5, Tallinn, 10143, Estonia, telephone: +372 58114001.