1. GENERAL TERMS

    1. Applicability. These General Terms and Conditions apply to the provision of the Service by Barking OÜ via the Mobile Phone Application and are an integral part of the Parking Contract signed between a User and a Parking Spot Holder.
    2. Object of the Contract. Under the Contract, Barking gives into a User’s use (sub-lease) a Parking Spot for a specified time and provides the Service to the User via the Mobile Phone Application.
    3. Service. Barking OÜ provides a service to the User via the Mobile Phone Application, whereas the Service’s content is to display “vacant”, “booked” and “in use” Parking Spots in the Map Application in real time and to enable the signing of Parking Contracts, the documentation of the Parking 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 Parking Contract. The parties to a Parking Contract are Barking OÜ and 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. Definitions. The following definitions are used in the General Terms and Conditions and 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 (the Parking Period, the Parking Fee, etc.);
      5. User is a person who, using the Service, utilises the Mobile Phone Application to sign a Parking Contract. Barking OÜ authenticates Users by their telephone numbers;
      6. Confirmation is a notice sent by Barking OÜ via the Mobile Phone Application, which confirms details that are related to the Service’s provision and may have a legal meaning (the signing of a Parking Contract, the start or end of the Parking Time, etc.);
      7. Contract Penalty is a monetary amount indicated in the Mobile Phone Application, which the User undertakes to pay if not vacating a Parking Spot by the end of a Parking Period;
      8. Mobile Phone Application is the Barking Mobile Phone Application, which is used by Users to sign Parking Contracts, pay Parking Fees and open Barriers;
      9. 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;
      10. Parking Spot Holder is a person having granted Barking OÜ the right to give a Parking Spot into Users’ use in turn, for the purpose of providing the Service;
      11. Parking Time is 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;
      12. Parking Spot is a parking spot for a motor vehicle, clearly marked and with restricted or unrestricted access to the public, concerning which a Parking Spot Holder has granted Barking OÜ the right to give it into Users’ (sub-)use in turn;
      13. Parking Contract is a fixed-term contract signed between Barking OÜ and a User for the paid use of a Parking Spot (for a Parking Fee);
      14. Parking Period is a time period set by a Parking Spot Holder, during which Users can use the Parking Spot for parking their motor vehicles under a Parking Contract;
      15. Parking Fee is a fee for the use of a Parking Spot under a Parking Contract. In cases prescribed by the law, the Parking Fee shall be supplemented by value added tax;
      16. Terms and Conditions of Parking are the terms and conditions published by Barking OÜ in the Mobile Phone Application, pursuant to which the Users can use the Parking Spot. The Terms and Conditions of Parking are published HERE;
      17. Barrier is a gate, raisable bar or other technical appliance restricting entry into or exit from a Parking Spot and being opened via the Mobile Phone Application.
  2. PRICES, FEES AND CONTRACT PENALTY

    1. Parking Fee. The User shall pay a Parking Fee indicated in the Mobile Phone Application for using the Parking Spot. The Parking Fee shall be paid as a mobile phone payment or a credit card payment after the end of parking. The Parking Fee’s amount shall be calculated on the basis of the Parking Time’s duration.
    2. Booking Fee. The User shall pay a Booking Fee indicated in the Mobile Phone Application upon booking a Parking Spot. The Booking Fee shall be calculated on the basis of the duration of the time between the Parking Contract’s signing and the Parking Time’s start, or as a fixed amount as follows:
      1. if the Parking Time starts within 15 minutes after the Parking Contract’s signing, the Booking Fee shall not apply;
      2. if the User withdraws from the Parking Contract within 15 minutes after its signing, the Booking Fee shall be equal to the fixed amount indicated in the Mobile Phone Application;
      3. if the User withdraws from the Parking Contract more than 15 minutes after its signing, the Booking Fee shall be equal to the full Booking Fee indicated in the Mobile Phone Application;
      4. the User shall pay the Booking Fee together with the Parking Fee after the end of their parking. A User not withdrawing from the Parking Contract and not informing about starting their parking shall pay the Booking Fee for 2 hourly Parking Fees.
    3. Settlement Fee. The Parking Fee and the Booking Fee shall be supplemented by the fee payable to the provider of the settlement service (a service for mobile phone payments or credit card payments) for the settlement. The Settlement Fee’s amount is indicated in the Mobile Phone Application.
    4. Contract Penalty. A User not vacating the Parking Spot by the end of the Parking Time shall undertake to pay a Contract Penalty in the amount indicated in the Service Environment and the Mobile Phone Application. The Contract Penalty shall be supplemented by the Settlement Fee. Barking OÜ shall have the right to set up the Modem in the manner of not opening the Barrier before the Contract Penalty is paid. Barking OÜ shall forward the Contract Penalty amounts paid by Users, minus the Settlement Fee and the Service Fee, to the Parking Spot Holder together with the Parking Fee on terms stated in clause 2.2.
    5. Communication costs. The User shall cover their own costs related to the use of the Mobile Phone Application and the Service via their communication device, pursuant to contracts signed with the relevant communication service providers.
  3. SIGNING AND TERMS OF A PARKING CONTRACT

    1. Signing a Parking Contract. In order to use the Service and to sign Parking Contracts, the User needs:
      1. to download and run the Mobile Phone Application in their communications device;
      2. to present the data requested in the Mobile Phone Application;
      3. to choose a suitable vacant Parking Spot among the Parking Spots displayed in the Map Application;
      4. to book the Parking Spot for later use or start their parking immediately, according to the choices and terms displayed in the Mobile Phone Application.
      5. A Parking Contract shall be considered signed if Barking OÜ has received via the Mobile Phone Application the User’s notice of starting their parking or booking the Parking Spot (i.e. this is considered the User’s expression of intent to sign a Parking Contract on terms indicated in the Mobile Phone Application). Barking OÜ shall immediately send the User via the Mobile Phone Application a Confirmation of signing the Parking Contract and its material terms (the Parking Spot’s location, the Parking Time’s start, the Booking Fee or Parking Fee rate).
    2. Booking. Upon booking a Parking Spot:
      1. the Parking Spot is displayed in the Map Application as “booked” and other persons cannot sign Parking Contracts for the same Parking Spot until withdrawal from the Parking Contract or until the end of the Parking Time;
      2. the User shall have the right to withdraw from the Parking Contract via the Mobile Phone Application within 15 minutes until their parking starts, paying the Booking Fee beforehand;
      3. for a User having booked a Parking Spot, the accounting of the Parking Time and the Parking Fee shall start from the moment of the User informing via the Mobile Phone Application that they have started parking;
      4. the booking shall become cancelled (the Parking Contract shall become invalid) automatically if the User has not informed about their start of parking within 15 minutes after the Parking Contract’s signing; in that case, the User shall be obligated to pay the Booking Fee in the extent stated in clause 2.4. Barking OÜ shall have the right to block the use of the Mobile Phone Application until the User has paid the Booking Fee.
    3. Start of the Parking Time. The Parking Time shall start from the moment of the User informing via the Mobile Phone Application about starting their parking.
    4. End of the Parking Time. The User’s right to use the Parking Spot shall end upon the Parking Time’s end. The Parking Time shall run until the moment of the User informing via the Mobile Phone Application about ending their parking, but no later than at the end of the Parking Period.
    5. Opening the Barrier. If entry into or exit from the Parking Spot is restricted by a Barrier, the Mobile Phone Application provides the User with the opportunity to open the Barrier via the Mobile Phone Application upon starting and ending their parking. Barking OÜ shall have the right to set up the Modem in the manner of not opening the Barrier before getting a confirmation from the settlement service provider about the payment of the Parking Fee, the Booking Fee, other payments stemming from the Parking Contract as well as a Contract Penalty.
    6. Terms of using a Parking Spot. Upon using a Parking Spot, a User shall be obligated to follow the Terms and Conditions of Parking.
    7. Services of other parking organisers. If the relevant option has been made available to Users in the Mobile Phone Application, Barking OÜ shall enable the notification (by e.g. an SMS) via the Mobile Phone Application about starting and ending the parking in parking lots managed by other parking organisers. In that case, no Parking Contract shall be signed between Barking OÜ and the User and the Service shall contain only Barking OÜ’s forwarding of the relevant notices to other parking organisers.
    8. Additional Services. If such an option has been made available in the Service Environment, Barking OÜ shall enable Users to use additional Services, e.g. pre-paid fixed-term parking cards granting the right to use the Parking Spots located in a predefined area, etc. Additional Services shall be subject to these Terms and Conditions in the extent of not conflicting with the terms and conditions published in the relevant additional Service’s Service Environment and in the Mobile Phone Application.
  4. OTHER TERMS

    1. Limited liability. The liability of Barking OÜ before a User is limited. Barking OÜ shall be liable before a User only if the User is unable to enter into or exit from a Parking Spot in connection to a fault of the Mobile Phone Application or a Modem, resulting from Barking OÜ. Barking OÜ’s obligation to compensate the damage incurred by the User is limited to the total sum of the Parking Fee, the Booking Fee and other fees paid under the specific Parking Contract or stemming from it. Barking OÜ shall not be liable for any incidental or non-proprietary damage caused by a disturbance in 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.
    2. Consent for the processing of personal data. In order to provide the Service, Barking OÜ needs to process a User’s personal data. Upon the first downloading and running of the Mobile Phone Application, a User 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.
    3. Consent for Direct Mailings. Upon the first downloading and running of the Mobile Phone Application, a User shall confirm granting 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 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 to 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 User’s data for their own use, unless the User has granted an express consent thereto. A User may revoke their consent for Direct Mailings or advertising by informing Barking OÜ thereof, using the contact data stated in clause 6 of the General Terms and Conditions.
    4. Assignment of claims. Barking OÜ shall have the right to assign claims on behalf of a Parking Spot Holder against a User, stemming from a Parking Contract, to a third party (e.g. a debt collection service provider).
    5. Amendments to the General Terms and Conditions. Barking OÜ has the right to unilaterally amend these General Terms and Conditions and their factual implementation. Barking OÜ shall inform Users about amendments at least one month before the relevant amendments enter into force.
    6. Contact data. Barking OÜ’s contact data are: e-mail address info@barking.ee, address: Estonia pst 5, Tallinn, 10143, Estonia, telephone +372 58114001.