General Consumer Contract Terms and Conditions of the Moovy Parking Service
These terms and conditions apply to Finnpark Oy, business ID: 0155063-7, address: Satakunnankatu 23 A, 33210 Tampere, Finland, when offering digital Moovy parking services to consumer customers in Finland.
The provision of the Moovy parking service (hereinafter “Service”) is subject to mandatory legislation, the terms and conditions separately agreed with the consumer and these General Consumer Contract Terms and Conditions. If there are any differences in the above terms, the following order of precedence shall prevail.
A binding contract between Finnpark Oy (hereinafter “Moovy”) and the Customer regarding the provision and use of the Service arises when the Customer registers as a user of the Service either on its website or mobile application (hereinafter “Application”) and at the same time agrees with these General Consumer Contract Terms and Conditions and undertakes to comply with them.
2. Use of the Service
The Service is a digital service for consumers that enables seamless and as easy as possible movement and parking in various locations. You can access the Service by downloading the Application to your mobile device and registering in the Application as a user of the Service. The Customer must provide the details requested by the Application, which may include personal details such as name, address, telephone number, email address, as well as the license plate number of at least one vehicle, and payment card details. The telephone number provided by the Customer acts as a username. The Customer has the right to use the Service as long as they have an active user account in the Service and fulfil their obligations under the Contract. Use of the Service requires that the Customer also agrees to the use of their location data.
The Service is considered delivered when it is available to the Customer. If the delivery of the Service is delayed for a reason for which the Customer is responsible, the Service shall be deemed delivered when Moovy has done what is required to make the Service available to the Customer. Before delivering the Service, the payment intermediary of the Service verifies the functionality of the payment card notified to the Application by the Customer by making a margin provision of € 0.10 on the payment card, which is cancelled or taken into account in the Customer’s first charge as a price reduction. Moovy is not responsible for the suitability of the Service for the Customer’s intended use.
A Customer registered for the Service may use the Service in the associated parking locations. The Customer can check the parking locations associated with the service in the Application. Despite the use of the Service, the contractual relationship concerning the use of the parking space always arises between the Customer parking in the parking location and the parking location in question, with Moovy acting only as the provider of the Service and the administrator of the relevant Application.
As part of and in connection with the Service, Customers may also be offered additional services, some of which may be subject to a fee. Such services may include, for example, receiving a reminder of the end of the selected parking period or receiving a receipt upon request. By registering for the Service, the Customer agrees that Moovy may send the Customer additional service and other customer communications using the Customer’s contact details. In addition, if the Customer has given a direct marketing consent when registering for the Service, Moovy’s partners may also send the Customer offers for their own services.
The service is usually available 24 hours a day, but downtime may occur during updates or modifications and service works. The Customer accepts that there may be interruptions in the operation of the Service. The Customer also agrees that Moovy may, if necessary, change the technical systems of the Service or replace them with new functions and make other changes to the Service that do not affect the main content of the Contract. Moovy also has the right to close, block or suspend the Service or restrict its use if requested by the Customer or required by law. Moovy will notify the Customer of any changes, interruptions, or limitations in the Application or otherwise as appropriate in advance or, if not reasonably possible, immediately after Moovy becomes aware of such matter. Moovy shall not be liable for any damages incurred to the Customer as a result of the Service being disabled or containing errors, other than incorrect charges.
All copyrights and other intellectual property rights related to the Service are owned by Moovy or its partners. Moovy grants the Customer a limited right to use the Service in accordance with the Contract for the duration of the Contract. No other rights are transferred to the Customer based on the use of the Service. The Customer may not copy, distribute, sell, publish, transfer, lend, license, modify, or otherwise impose or take any action with respect to software related to the Service. Extracting the source code of the software is also not permitted.
The service content of the Service is described in more detail on Moovy’s website at www.moovy.fi and in the Application.
3. Customer Liabilities
The Customer is liable for providing the information requested by the Service in a correct and up-to-date form upon registration. The Customer is also liable for updating their changed or incorrect information on the Service. It is particularly important that the Customer immediately notifies of a change in their telephone number and that the Customer immediately removes from the Service the license plate number of a vehicle for which they no longer have right of possession so that the new user of the previous telephone number or the new proprietor of the vehicle cannot use the Customer’s account. Under no circumstances will Moovy be liable for any errors in the registered information or charges for incorrect customer information.
The Customer is also liable for ensuring that the payment card registered in the Service is valid and that its use is not blocked, and that the payment account possibly associated with it has a sufficient margin. The Customer must provide the Service with up-to-date information on the new payment card no later than by the end of the month preceding the expiry of the registered payment card.
In addition, the Customer is liable for ensuring that they store and use the personal login details securely, and do not disclose them to third parties or otherwise make them available to a third party. The Customer is obliged to immediately notify Moovy if the Customer has reason to suspect that an unauthorized person has obtained the Customer’s login details. The Customer is not released from liability if the Service has actually been used by a third party with the Customer’s devices or IDs or otherwise.
The Customer is liable for ensuring that their smartphone or other mobile device works properly and is compatible with the Application, and that they have a properly updated version of the Application. The Customer can check the requirements for using the Application on the Service’s website or from Customer Service.
The Customer is obliged to follow the instructions given by Moovy for the use of the Service. In addition, the Customer is always obliged to comply with applicable laws and other similar regulations, as well as the own instructions and rules set by each parking location, such as the maximum permitted parking period. The parking regulations indicated by traffic signs and the parking location’s own instructions and regulations apply before the regulations presented in the Application. If Moovy has reasonable grounds to suspect that the Service is used in violation of these Terms and Conditions, Moovy has the right to block the use of the Service without liability to compensation.
When using the Service in parking locations associated with the system, the Customer must both start and end parking in the Application in parking locations where the Application does not automatically start and end parking. The Customer must confirm from the information in the Application that the parking intended by them has been started and ended correctly. Before starting parking, the Customer must, if necessary, determine the license plate number of the vehicle to be parked and also ensure that the parking location proposed by the Application corresponds to the Customer’s actual location. It is always the Customer’s liability to ensure that the parking location or location is set correctly.
If for any reason the Service is not available at a parking location or at any time, or the Service does not work for any other reason when the Customer is parking their vehicle or during parking, the Customer is always liable for paying the appropriate parking fees in another way instructed by the parking location operator. The Customer must understand that if the Service is not available and the Customer is unable to pay for the parking by any other means, the Customer is not entitled to park in the parking location.
The Customer is liable for all parking tickets and for any costs and charges related to improper parking and the payment of such costs and charges. If the Customer has received a parking ticket or a corresponding fee imposed by a private parking enforcement company or any other corresponding penalty that the Customer wishes to dispute, the Customer must always address the complaint to the parking location operator. If necessary, Moovy may provide parking information to the parties concerned in order to determine the correctness of the parking ticket or other similar matter.
If the Customer detects an error in the operation of the Service, the Customer must immediately make a written complaint to Moovy’s Customer Service regarding the error. The complaint should always be made within two months of the Customer knowing or should have known of the error in question. The Customer must accurately specify the error in the complaint.
4. Prices and Payment Terms
The fees charged by the Service to the Customers consist of the service fees of the Service and parking fees of each parking location. The Service price list is available on the Service’s website. Parking price lists for the parking locations offered in the Service are available in the Service and/or at the location. All prices and fees include VAT, unless otherwise stated. The Service price list and the parking price lists for parking locations are subject to changes. Changes to the Service price list will take effect at the earliest one month after the Customer has been notified of the change. The price lists of the parking locations are their own price lists, for which and for which changes Moovy is not responsible. Parking locations’ own price lists are subject to change regardless of Moovy and without prior notice. Payment for the Service in accordance with the Service price list and the price lists notified to Moovy by the parking locations is made by the Service debiting the payment from the payment card registered by the Customer with the Service.
By using the Service, the Customer accepts that the receivables based on the payment of the Customer’s service fee and parking fee will be transferred to Moovy immediately after the parking started by the Customer in the Service ends. The Customer is obliged to pay the receivable transferred to Moovy only to Moovy or another party specified by Moovy (e.g. a collection agency) and not, for example, to the parking location they used. Parking fees based on the Customer’s parking will be charged to the Customer’s payment card registered with the Service no later than 50 days after the end of parking.
If the price or parking fee in accordance with the price list is not paid on time, default interest will be charged on the unpaid payment in accordance with section 4 §:1 of the Interest Act from the due date of the payment until the payment date. In addition, the Customer is obliged to reimburse the collection costs arising from the collection of the unpaid receivable, such as the costs arising from payment reminders or other collection actions.
5. Compensation Liability
Moovy’s liability in relation to the Customer is determined in accordance with the provisions of the Consumer Protection Act and in such a way that Moovy’s compensation liability is always limited to the amount of direct damage caused to the Customer. However, this limitation of liability does not apply if Moovy has caused the damage intentionally or through gross negligence.
Moovy is not liable for indirect damages to the Customer, such as loss of operating profit or loss of profit. Moovy shall also not be liable for damages caused by Customer’s own mistake or negligence, malfunction of the Customer’s device or unauthorized use of customer-specific login details, or the Customer’s failure to comply with these Terms and Conditions or other Service or parking regulations. Moovy is also not liable for damages caused by an error or interruption in the communications network or the operation of the telecommunications operator or any other cause comparable to these causes.
Nor is Moovy liable for damage caused by circumstances or causes beyond Moovy’s reasonable control, including, but not limited to, fires, floods, or other natural disasters, acts of war, terrorism, industrial conflicts, errors, interruptions, or delays in telephone, Internet, or other communications networks, public transport disruptions, accidents, explosions, unrest, legislation and authority actions (force majeure).
In order to retain the right to compensation, the Customer must notify Moovy of their claim for damages within a reasonable time of the discovery of the basis for the claim or when it should have been discovered.
The Customer shall be liable for damages caused to Moovy due to the Customer’s error or negligence, or the Customer’s failure to comply with their obligations under these Terms and Conditions or other instructions given for the use of the Service.
In the event of damage or threat of damage, the Customer must take such steps to prevent or limit the damage as may be reasonably required of the Customer or requested by Moovy.
6. Termination and Suspension of Use of the Service
The Customer may terminate the use of the Service at any time by making a notice of termination in the Application or by submitting it in writing to Moovy’s Customer Service. The right to use the Service expires at the end of the calendar month following the month in which the notice of termination is given. Termination of the Service does not affect the Customer’s obligations that arose before the termination or during the notice period.
Moovy has the right to immediately suspend the use of the Customer’s Service and close the Customer’s user account if the Customer materially violates their obligations under these Terms and Conditions or uses the Service in a manner that may cause damage to the Service, Moovy or a third party. Moovy also has the right to suspend the use of the Service if the Customer does not fulfil, or there is a reasonable reason to suspect that the Customer will not fulfil their payment obligations to Moovy under these Terms and Conditions, or if the Customer does not have a valid payment card registered with the Service, or has registered incorrect, incomplete or misleading information.
7. Cancellation Right
In accordance with the provisions of the Consumer Protection Act concerning distance selling, the Customer has the right to cancel the Service by notifying Moovy’s Customer Service within 14 days of registering for the Service. Notwithstanding the cancellation, the Customer is obliged to pay Moovy all the fees in accordance with the Service price list and the parking fees for the parking locations used by them, which have arisen before the cancellation notice is made.
8. Processing of Personal Data
9. Direct Marketing
With the Customer’s consent, Moovy may send notices about other services and products provided by Moovy, as well as customer notices about their use of the Service, and pass on customer information to partners whose activities are in any way related to Moovy’s operations or offerings.
The Customer may withdraw the consent in the Application. Withdrawal of consent does not affect Moovy’s right to send the Customer information about the administration of the Service or its production.
10. Changes and Transfer
Moovy has the right to change these Terms and Conditions. Changes are notified to the Customer in advance in the Application and the Terms and Conditions in force at the time are available in the Application and on Moovy’s website. If the Customer continues to use the Service after being notified of the change in the Contract Terms and Conditions, the Customer is deemed to have accepted the changes made.
Moovy has the right to transfer its rights and obligations under these Terms and Conditions, either in part or in full, without the Customer’s consent. Moovy also has the right to use subcontractors to provide the Service. The Customer may not transfer their rights or obligations under these Terms and Conditions without Moovy’s prior written consent.
11. Applicable Law and Dispute Resolution
The Contract on the use of the Service and the interpretation of its Terms and Conditions are governed by Finnish national law, with the exception of its conflict-of-law provisions. All disputes, disagreements or claims related to the Service will be resolved primarily by an agreement between the parties. If the parties cannot reach an agreement, the Customer may refer the dispute to the Consumer Disputes Board by submitting a written request for a settlement of the dispute to the Consumer Disputes Board. Disputes can also be resolved at first instance in a general lower court determined by Moovy’s domicile.
12. Customer Service
Contact information for Moovy’s Customer Service can be found in the Application and on Moovy’s website.