GENERAL TERMS AND CONDITIONS (“General Terms and Conditions”)

1. Conclusion of the Contract

By providing the parking spaces marked with signage within the parking lot (“Parking Lot”), Mobility Hub Parkservice Italia S.r.l. (“Operator”) offers the user of the Parking Lot (“User”) the opportunity to enter into a parking agreement in accordance with these General Terms and Conditions. By entering the parking lot and parking the vehicle in the designated parking spaces, a contract is formed between the User and the Operator based on the following General Terms and Conditions, which the User hereby acknowledges and accepts.

2. Contracting Parties

The operator is headquartered at Piazza della Mostra 2, I - 39100 Bolzano (BZ), PEC address mhpitalia@legalmail.it, VAT ID and tax ID: 03201260217, Phone: +39 0471 1430502, Email: support@mh-parkservice.it, www.mh-parkservice.it.

3. Services Provided by the Operator

The contract governed by these General Terms and Conditions pertains exclusively to the provision of a parking space. The user is granted only the right to use an available parking space during the opening hours indicated at the parking lot, in accordance with these General Terms and Conditions, provided that the space is not reserved and/or set aside for third parties (e.g., long-term leaseholders, etc.)—as indicated by appropriate signage. The operator assumes no duty of care within the meaning of Articles 1766 et seq. of the Italian Civil Code. The operator is entitled to close the parking lot in whole or in part without prior notice, even during operating hours, in the event of extreme snowfall or icing, without this giving rise to any claims by users. The regulations governing the parking lot—such as operating hours, the maximum permitted parking duration, the free parking period, and penalties for violations—are also posted at the entrances and within the parking lot.

4. Terms of Use

Users must park their vehicles within one of the areas marked on the ground, taking care not to use spaces marked as reserved and/or set aside for specific purposes. Parking is permitted only during business hours. If there are no clearly marked parking spaces, the vehicle must be parked in such a way that it does not cause an obstruction and/or pose a danger to people and/or property in the parking lot. The user must observe the instructions regarding traffic in the parking lot as indicated on the on-site signage—if available—as well as the provisions of the Italian Highway Code (Decree-Law No. 285/1992). Users are prohibited from entering the parking lot with or parking vehicles there that are not covered by the required motor vehicle liability insurance and/or do not have a license plate and/or are damaged in such a way that there is a risk of fuel or lubricants leaking, and/or that have any other defect or characteristic that could endanger the safety of persons or property and/or the operation of the parking lot. The user is required to lock their vehicle and not to leave any valuables inside; the operator assumes no liability for theft and/or break-ins. Smoking and the ignition of fires of any kind are prohibited in the parking lot. Parking beyond the maximum parking duration indicated on the signs within the parking lot is not permitted; the operator reserves the right to impose the applicable contractual penalty.

5. Removal of the vehicle by the operator

If there are special circumstances under which a user’s parked vehicle—in the reasonable judgment of the operator— —poses a risk of damage to persons, property, or the vehicle itself, the operator may arrange for the removal and/or securing of the vehicle, either directly or through authorized third parties, with the costs to be borne in full by the user, in particular if (a) the vehicle poses a concrete danger to other property or persons in the parking lot, such as in the event of a leak of fuel or lubricants; (b) the vehicle lacks the legally required documentation and/or has failed the legally mandated inspections (e.g., general inspection); and (c) the vehicle is exposed to a concrete risk of serious damage (whereby it is at the operator’s discretion—and not its obligation—to remove the vehicle in order to prevent damage to it). The operator is also entitled to remove vehicles at the user’s expense if they are parked in a manner that impairs the operation and use of the parking lot by other users (e.g., vehicles parked outside the areas delineated by floor markings, occupying more than one space where applicable, or obstructing traffic), as well as for vehicles that occupy parking spaces marked as reserved without authorization.

6. Automated tracking of usage and parking duration

To determine the actual entry and exit times of the vehicle and/or whether a valid parking permit—such as a long-term parking permit—is in effect, a system for automatic license plate recognition and registration based on video scanning is installed at the parking lot’s entry and exit points. For this purpose, the front and/or rear of the vehicle is recorded—including the license plate—both upon entering and exiting the parking lot, and this information is stored along with the time, date, and location of entry and exit. The user is obligated to comply with the maximum parking duration specified in these General Terms and Conditions and/or on the signage at the parking lot. The parking time begins when the vehicle enters the parking lot and ends when it exits.

7 Contractual Penalties for Violations

7.1. Parking Violations

If the maximum free parking duration specified in these General Terms and Conditions and/or on the signage within the parking lot is exceeded (“violation(s)”); the operator is entitled, without prejudice to compensation for any further damages, to impose a contractual penalty in the amount indicated and published at the respective parking lot for vehicles up to 3.5 metric tons and in the amount of 120.00 euros for vehicles over 3.5 metric tons. The penalty will be imposed for each individual violation and for each calendar day on which it continues, up to a maximum amount of 500.00 euros. This limit does not apply if the violations do not constitute a single violation continuing over multiple calendar days, but rather separate violations occurring on consecutive days. For vehicles with license plates not registered in Italy, an additional 30 euros will be charged (for a total of 90.00 euros for vehicles up to 3.5 metric tons and 150.00 euros for vehicles over 3.5 metric tons) to cover the additional costs and expenses associated with identifying the owner of the foreign vehicle.

7.2. Payment Terms

In the event that a contractual penalty is imposed, the operator agrees to send the user a notice of violation within a maximum of 60 (sixty) days after the violation occurred. Failure to meet this deadline will result in the operator forfeiting the right to collect the contractual penalty. The user is obligated to fulfill the payment obligation within a maximum of 30 (thirty) days after receiving the aforementioned notice.

7.3. Reservation

The operator reserves the right to charge the user, in addition to the contractual penalty, for any costs and expenses incurred in connection with the collection of said penalty, provided that the contractual penalty is not paid within the time limit specified in these Terms and Conditions. Any rights that the owner of the parking lot may have against users with respect to any additional damages suffered by the owner remain unaffected.

8. Protection of Personal Data

The operator processes personal data in accordance with the privacy policy, which is duly posted on signs within the parking lot and available at the following link: www.mh-parkservice.it. The processing of personal data is limited to what is necessary to ensure the operation of the parking lot in accordance with these General Terms and Conditions. In the event of a violation of the provisions contained in these General Terms and Conditions, the operator may collect and process data regarding the vehicle owner by submitting a request to the Public Vehicle Registry (PRA) or to other authorities and service providers. Such a request is made exclusively for the purpose of asserting and enforcing any claims against the vehicle owner, driver, or user in connection with or in relation to the use of the parking lot, in particular claims for payment of contractual penalties, compensation for damages suffered, and in the context of debt collection, protection of possession, and/or injunctive relief. For further details, please refer to the information on the processing of personal data.

9. Liability

The user is solely and exclusively liable for any direct or indirect damage caused to persons, vehicles, property, facilities, structures, or equipment within the parking lot and its adjacent areas, and agrees to indemnify and hold harmless the operator from all claims, demands for damages, costs, liabilities, or expenses arising from the acts or omissions of the user and/or the user’s accompanying persons. Unless the damage results from intentional or grossly negligent conduct on the part of the operator and/or involves injury to life or physical integrity, the operator assumes no liability for damage, loss, deterioration, or disadvantages of any kind suffered by users or third parties within the parking lot, nor for damages that users inflict upon one another while accessing, parking, driving, or moving vehicles within the parking lot. Furthermore, the operator shall not be liable for damages, losses, or disadvantages that result directly or indirectly from events of force majeure or other events beyond its control, such as, but not limited to, acts of war, terrorism, riots, uprisings, strikes, demonstrations, or civil unrest; actions by government authorities; explosions; fires; extraordinary weather events; tornadoes, hurricanes, floods, high water, earthquakes, or other extraordinary natural events. The operator assumes no duty of care for vehicles, accessories, items, luggage, or other property left inside or near the vehicles and is therefore not liable for theft, misappropriation, loss, damage, vandalism, or other tortious acts committed by third parties, unless mandatory statutory provisions provide otherwise. A user who discovers damage or believes they have suffered damage is obligated to notify the operator immediately via the provided service channels and to furnish all information and documentation useful for determining the facts of the matter. Failure to report or a delay in reporting may be taken into account when determining liability and assessing any damages. The provisions of this article apply to the fullest extent permitted by law and, where applicable, are to be understood as supplemented and limited by the mandatory provisions of Legislative Decree No. 206 of September 6, 2005 (Italian Consumer Protection Act).

10. Partial Invalidity

Should any provision of these General Terms and Conditions be or become invalid, the validity of all remaining provisions shall remain unaffected.

11. Jurisdiction

If the user is a business, it is agreed that the court at the operator’s place of business shall have exclusive jurisdiction over all disputes arising for any reason whatsoever, unless mandatory provisions—such as those protecting consumers—prescribe a different venue.