Trade policy

1. Scope of Application

1.1. These General Terms and Conditions (the “General Terms and Conditions”) apply to the provision of Services by Parkeringskompagniet ApS, CVR No. 37127385, Trindsøvej 4, 8200 Aarhus (“Parkeringskompagniet”), to users (the “User”) in Denmark.

1.2. NOTICE! Use of Parkeringskompagniet’s services requires that you are the registered owner or user of the vehicle, or otherwise have permission to use and register the vehicle.

1.3. All Services are delivered in accordance with applicable legislation and in accordance with:

1.3.1. any individually agreed terms and conditions, and

1.3.2. these General Terms and Conditions.

1.3.3. In the event of any discrepancies between the above provisions, they shall apply in the order of priority listed above.

1.4. Sections 5.1.4, 6.4, and 7.7 contain specific provisions regarding the correct and valid entry of license plate number and area code.

1.5. Section 5.3 contains specific provisions concerning the use of Oparko Charge.

1.6. By registering with Oparko (see Section 5), the User agrees to be bound by these General Terms and Conditions. A binding agreement (the “Agreement”) is entered into once Parkeringskompagniet has confirmed the User’s registration and the User has gained access to Parkeringskompagniet’s Services.

1.7. These General Terms and Conditions constitute the Agreement between Parkeringskompagniet and the User.

1.8. These General Terms and Conditions apply to all transactions and registrations via Parkeringskompagniet, including Oparko and Oparko Subscription Parking.

2. Definitions

2.1. In these General Terms and Conditions and in connection with the Services, the following definitions apply:

“Oparko”: the digital parking service used for payment of parking via the App and the Website.

“App”: refers to Parkeringskompagniet’s mobile application.

“Oparko System”: Oparko’s digital system for modern parking, which the User accesses via the App and/or the Website.

“Website”: refers to Parkeringskompagniet’s website https://parkeringskompagniet.dk/.

“Parking Service”: the User’s ability to manage parking sessions through the App.

“Parking Space”: a physical area that corresponds to a parking zone marked on the overview map (not necessarily a marked parking bay).

“Parties” or “Party”: refers to Parkeringskompagniet and/or the User.

“User”: refers to the individual utilizing Parkeringskompagniet in connection with parking payments.

“Partner”: refers to third-party collaborators of Parkeringskompagniet.

“Service(s)”: has the meaning specified in section 3.1.1.

“Parking Fee”: the charge for a completed parking session.

“Active Vehicle”: refers to a vehicle selected by the User for automatic payment when parking in designated ANPR zones. Payment is made via the User’s preferred payment method.

“ANPR”: Automatic Number Plate Recognition, meaning the vehicle’s license plate is automatically read and registered in the parking system. ANPR-enabled parking spaces are marked with a camera icon in Oparko and indicated via signage at the location.

“Oparko Charge”: refers to Parkeringskompagniet’s proprietary and affiliated systems and third-party apps used in connection with charging electric and hybrid vehicles. This includes charging stations, payment systems, and applications.

2.2. Additional definitions may appear throughout these General Terms and Conditions.

3. General Terms and Conditions for the Services

3.1. General

3.1.1. Parkeringskompagniet offers a digital system for parking (“Oparko”), through which Parkeringskompagniet (in collaboration with other Partners) provides the User with the ability to manage the parking of vehicles (“Parking Service”) and the charging of electric vehicles. The Parking Service and any other services provided by Parkeringskompagniet at any given time are collectively referred to as “the Services”.

3.2.

For a detailed description of the Services, please refer to the information provided at all times on the Website and https://parkeringskompagniet.dk/.

4. Collection and Processing of Personal Data

4.1. Collection and Processing of Personal Data

4.1.1. By using the services of Parkeringskompagniet, the User simultaneously consents to Parkeringskompagniet collecting and processing the personal data and information provided by the User in accordance with Parkeringskompagniet’s applicable data policy (https://parkeringskompagniet.dk/datapolitik/).

4.1.2. Personal data is only stored if voluntarily provided and only for as long as it is relevant to Parkeringskompagniet. The data in question is stored on Parkeringskompagniet’s internal network and can only be accessed with special permissions.

4.2. User Rights

4.2.1. The User has the right to access the personal data stored about them by Parkeringskompagniet and to have such data corrected.

4.2.2. The User has the right to have their data deleted from Parkeringskompagniet’s systems.

4.2.3. The User also holds the rights granted to individuals under the European Union’s General Data Protection Regulation.

4.3. User Obligations

4.3.1. When providing information about another individual, the User guarantees that they have the right to disclose such information to Parkeringskompagniet.

4.4. Data Transfer

4.4.1. The User accepts that if Parkeringskompagniet finds it necessary to transfer the User’s data to another platform created for the same purpose as stated in this agreement, this may be done without prior notice and in accordance with applicable data protection laws.

4.5. Disclosure of Information

4.5.1. The User’s information is only disclosed if necessary for the service provided by Parkeringskompagniet.

5. Special Terms and Conditions for Use of Oparko

5.1. Conditions for Use

5.1.1. The Parking Service may only be used at parking spaces and in parking areas/zones (each referred to as a “Parking Area”) that:

5.1.1.1. have signage installed by Parkeringskompagniet, and

5.1.1.2. have machines with Oparko stickers, or otherwise display Oparko markings indicating that Oparko may be used.

5.1.2. To initiate a parking session, the User must activate either the app or an associated and approved payment system.

5.1.3. To ensure that parking has been correctly initiated, the User must verify receipt of confirmation via:

5.1.3.1. the app, if the app is used; or

5.1.3.2. email confirmation.

5.1.4. A parking session is only valid if the app confirms it and shows an active and correctly registered parking/payment.

5.1.5. When using the Parking Service, the User must correctly enter the license plate number of the parked vehicle and the area code for the respective Parking Area.

5.1.6. It is the User’s responsibility to enter the license plate number and area code correctly. Any errors will result in a parking fine.

5.1.7. The User must ensure that the area code corresponds to the code displayed on signage or payment machines/charging stations at or near the Parking Area. Oparko assumes no responsibility for incorrectly entered registration numbers or area codes.

5.1.8. At locations where license plates are read automatically, the area code need not be entered. The registration number must still be entered correctly.

5.1.9. Correct entry of both registration number and area code is a prerequisite for valid parking registration.

5.1.10. Parking registration in Oparko can be done in one of the following ways:

5.1.10.1. Manual Registration: The User specifies the desired parking time and receives price information. Upon confirmation, the stated amount is reserved. When the User stops the parking session, the reserved amount is adjusted to reflect actual usage.

5.1.10.2. Automatic Registration (on ANPR sites): The vehicle must be activated under “vehicles” before parking. Entry starts the parking session and exit ends and charges for it.

5.1.10.2.1. By activating a vehicle, the User accepts that payment will occur automatically via the preferred payment method on ANPR parking sites.

5.1.11. Oparko is not responsible for GPS accuracy or mobile signal quality. The User must ensure that their indicated location matches the location of the parked vehicle.

5.1.12. Information on the User’s parking activities will be available under “Parkings” and generally retained for at least 12 months.

5.2. General

5.2.1. The Parking Service allows the User to start parking, enter a preliminary parking time, stop and end a session, and extend the parking duration.

5.2.1.1. Reminder: Push notification reminders are available if enabled in the app. The User remains responsible for properly ending the parking session even if reminders are not received.

5.2.1.2. Stop Parking: If the parking area is vacated before the chosen time ends, the User can stop the session and only pay for the time used. Pricing depends on signage and/or payment machine terms. Some locations may charge for started or prepaid time, and no refund will be given for unused time if not stopped.

5.2.1.2.1. “Unused time” refers to a validly registered parking period during which the vehicle was not present.

5.2.1.3. Extension: To extend parking, the User selects “extend,” inputs the new end time, and approves the new amount. This starts a new parking session after the current one ends.

5.2.1.4. If a purchase cannot be completed via the Oparko app, the User must pay by other means (e.g., a physical ticket) and follow the signage rules. Possible issues include poor internet, maintenance, or updates.

5.2.2. If the User was not the vehicle’s driver at the time of parking but had activated it in Oparko, they accept that payment occurs automatically via the selected method. Internal arrangements with third parties are irrelevant to Oparko.

5.2.3. If a parking fine (“control charge”) is issued for violating parking rules, the vehicle’s driver is liable, regardless of who paid for the parking.

5.2.3.1. “Control charge” includes fines, fees, etc.

5.2.4. If the vehicle is registered to a company and a fine is issued, the User must prove the parking was not for business use. Failure to do so means the registered owner/user is liable. Late payments incur a DKK 310 compensation fee per Executive Order no. 105 of 31/01/2013 § 2(1).

5.2.5. If the User was not the driver, they must disclose who was. If this information is insufficient or false, the fine and any reminders will remain the User’s responsibility.

5.2.6. The User’s payment of the parking fee (including VAT) is based on applicable rates (“Parking Fee”) at the time of session end or fixed-time start.

5.2.7. Users cannot demand a reduction in fines due to completed Oparko payments, even if errors were made in registration or other rule violations occurred.

5.2.8. Users are not entitled to a refund unless the charge resulted from an error by Oparko beyond the User’s control.

5.3. Oparko-Charge Terms

5.3.1. Payment for charging is done through apps related to the installed charging stations. Parking must be paid separately via Oparko (see Section 5).

5.3.2. Note: When parking in spaces reserved for electric vehicles, charging must be registered in the respective app before starting. Parking must also be registered in the Oparko app as described.

5.3.3. The app used must handle payment for charging via the installed station.

5.3.4. Use of Oparko with a charging station notifies Parkeringskompagniet of the start, duration, end, and any extension of charging.

5.3.5. Charging incurs a fee:

5.3.5.1. The charging fee is variable.

5.3.5.2. The fee is shown in the app before confirmation and payment.

5.3.6. Other terms for using the Oparko app also apply. Correct entry of area code and registration number is required for valid registration and payment. The User is responsible for correct and verifiable input.

5.3.7. The area code to be used for payment is shown on signs by the charging spaces. The User is responsible for entering the correct code.

5.3.7.1. If the Oparko-charge code is used without parking in a reserved space, no refund will be given.

5.3.8. Users must always comply with posted signs and conditions. In case of discrepancy, signage takes precedence. Improper parking can result in a fine that cannot be waived.

5.3.8.1. Parking in EV spaces requires active charging and registration via Oparko for the entire stay. Failing either will result in a non-cancellable fine.

5.3.8.2. If problems arise with Oparko-charge, the User must contact Parkeringskompagniet at the number listed on the charger.

5.3.9. The User’s data for registration and payment is handled as described in Section 4.

6. Access to the Services, Registration of Information, etc.

Access to the Services, account creation, and payment for parking via Oparko requires the User to be registered. Use of Oparko requires a valid payment method to be linked in the User’s Oparko App. Valid payment methods that can be linked include: Bank cards. It is a requirement for validity that sufficient funds are available on the selected and linked payment method.

6.1. When creating and later using Oparko, the User must provide correct and valid:

6.1.1. Name

6.1.2. Email address

6.1.3. Mobile number

6.1.4. Password

6.1.5. License plate number of at least one vehicle

6.1.6. Payment method

6.1.6.1. Groups of employees with access to the registered information:

6.1.6.1.1. Subcontractors (for support purposes)

6.1.6.1.2. Parkeringskompagniet employees (for support related to User inquiries)

6.2. A parking session can be started via the App or www.parkeringskompagniet.dk.

6.3. To use Oparko, a valid payment method must be selected and linked in the app or website prior to registering a parking session.

6.3.1. NOTE: It is not possible to change the payment method during an ongoing parking session, so the User is responsible for selecting the correct and valid method beforehand.

6.4. On-screen instructions must be followed:

6.4.1. To use Oparko for parking payment, the User must provide a valid and correct license plate number, area code, payment method, and parking time.

6.4.2. The User must verify the correctness of the entered license plate number and area code.

6.4.3. Oparko reserves the right to reject any application for account creation and parking payment.

6.4.4. Valid payment is only considered to have occurred if the license plate number and area code match those shown on the signage for the parking bay where the vehicle is parked.

6.5. If the parking registration is invalid, the vehicle may be fined.

6.6. Upon successful purchase/reservation, confirmation will be sent to the email address provided by the User.

6.7. Purchasing through Oparko grants access to an unspecified parking bay at the selected location for the chosen time. Parkeringskompagniet cannot be held liable if no spaces are available (as this is not a reservation). Parking should only be purchased after the vehicle is properly parked.

6.8. Users are not entitled to a refund for unused parking. See Section 5.2.1.2.

7. User Obligations and Responsibilities

7.1. The User is always responsible for providing correct personal information and ensuring that registered vehicles are correctly listed in Oparko. After registering, the User must log in to “My Account” to verify the information. Oparko is never liable for any registration errors, regardless of method.

7.2. The User must ensure that their registered payment method is active, valid, and funded. If it expires, the User must update it in the App under “payment methods” no later than the end of the month before it becomes invalid.

7.3. The User is responsible for secure and proper storage of login information.

7.4. The User is responsible for ensuring that login information is not shared or made accessible to unauthorized persons.

7.5. The User is solely responsible for ensuring that only authorized persons use their Oparko account.

7.5.1. The User must immediately inform Oparko (via customer service or by updating their “My Account”) if:

7.5.1.1. the User suspects that an unauthorized person has accessed or gained knowledge of the login credentials;

7.5.1.2. the registered information has changed and needs updating;

7.5.1.3. the User no longer owns or is responsible for a registered vehicle.

7.5.2. This information must initially be updated by the User in Oparko. The User must ensure that no vehicles remain registered if they are no longer responsible for them. Oparko may take necessary actions such as changing or blocking login credentials and/or the User’s account or requesting updates to the User’s data. The User is also obligated to notify Oparko of other matters relevant to the Agreement or Service delivery.

7.5.3. The User is responsible for ensuring that the App is always updated. The functionality of their phone or device is always the User’s responsibility. The device must be compatible with the Services and App. Functional requirements can be requested via Customer Service.

7.6. The User must always comply with applicable laws and parking rules as displayed at the parking location.

7.7. The User is responsible for starting the parking session correctly by entering the appropriate license plate number and area code for the parking area. Even if the app suggests a location-based area code, it is still the User’s responsibility to enter the correct code. NOTE: Incorrect license plate or area code means no valid payment, and the vehicle may be fined.

7.8. The User must ensure that a parking session is ended. If no end time is specified at the start, the User must manually end it. This can be done via the App or by contacting Oparko through the contact details in the App, website, or signage.

7.9. If the Parking Service is unavailable or malfunctioning (due to phone issues, technical problems, or communication outages), the User is responsible for paying via other means, as per the parking signage (e.g., using a payment machine).

7.9.1. The User is responsible for any fines or charges incurred from improper parking.

7.9.2. If the vehicle is registered to a company, the parking is considered work-related, and the company is liable.

7.10. The User can view their parking history for sessions paid through Oparko.

7.11. All parking purchased/reserved via Oparko is done at the User’s own risk unless otherwise specified in these terms.

7.12. Parkeringskompagniet accepts no liability for accidents, theft, personal injuries, or damage to vehicles, equipment, or belongings while parked. The company is not responsible for any indirect or consequential losses.

8. Complaints

8.1. In case of a deficient Service or incorrect charge, the User must submit a written complaint to Parkeringskompagniet customer service immediately and no later than 30 days after the service was provided or from the time the User discovered or should have discovered the incorrect charge. The complaint must clearly state the defect or error. The User must provide reasonable assistance to Parkeringskompagniet during any investigation related to the complaint.

8.2. Complaints regarding imposed control fees must be directed to the issuer of the control fee(s).

9. Terms and Prices

9.1. The User is at all times liable for all payments made via Oparko.

9.2. Payments are made by the User registering a valid payment method in the App. Payment is charged through the registered payment method. When a vehicle is marked as active, the User agrees to automatic payment via the preferred method. The administrator will be invoiced for business parking. The User selects and confirms the payment method during registration. The User is responsible for ensuring that a correct and valid payment method is selected before parking begins. Any misuse of business parking is a matter solely between the Administrator and the User.

9.3. In the event of late payment, reminder fees may be charged in accordance with applicable laws.

9.4. All prices are stated in Danish kroner and include VAT. The payable price for parking depends on the selected parking area, duration, and any extensions.

9.5. Upon initiating or extending a parking session, the price will be displayed and must be approved before the session is registered or extended.

9.6. In some cases, a service fee may be charged in addition to the hourly rate. This will be shown in the App or Website.

9.7. Parkeringskompagniet reserves the right to adjust fees and prices.

9.8. NOTE: Oparko reserves the right to update and change content in the App or on the website without prior notice.

10. Right of Withdrawal

10.1. Under the Danish Consumer Contracts Act (Act no. 1457 of December 17, 2013), the User has the right to withdraw from the Agreement by notifying Oparko customer service within 14 days of approval of registration.

10.2. The User understands that the 14-day right of withdrawal only applies to parking not yet valid at the time of withdrawal. If the User purchases parking valid from the same day, the right of withdrawal is forfeited immediately. If the parking is valid from a date more than 14 days later, the User retains the 14-day right.

10.3. To use the right of withdrawal, the notification must be received by Oparko no later than the 14th day after payment is registered.

10.3.1. If the deadline falls on a public holiday, Saturday, Constitution Day, Christmas Eve, or New Year’s Eve, it is extended to the next working day.

10.3.2. The User must send an email to Oparko stating that the purchase/reservation is withdrawn (see 12.2.8).

10.4. Note that entering the parking area or approving the purchase in the app or website constitutes acceptance to begin parking. Withdrawal after this point reduces the refund proportionally based on the time the vehicle was parked.

11. Termination Terms

11.1. The User may close their account in the App or via the website. Once closed, the account is deactivated and the User can no longer use Oparko.

11.2. Outstanding balances will still be collected in accordance with the Agreement, even after account closure.

12. Duration and Early Termination

12.1. The Agreement is valid from the date of Oparko’s approval of the User until it is terminated per the Agreement or otherwise agreed.

12.2. Oparko may immediately suspend access, cancel the account, and/or terminate the Agreement if:

12.2.1. The User materially breaches obligations;

12.2.2. The User is unlikely to fulfill payment obligations;

12.2.3. The User is reasonably assessed to be insolvent;

12.2.4. The User misuses the Services or causes harm;

12.2.5. The User repeatedly parks illegally;

12.2.6. The User provides false or misleading information;

12.2.7. Oparko suspects involvement in criminal activities;

12.2.8. Termination must be in writing to service@oparko.com or via the website contact form.

12.3. Termination does not affect accrued rights and obligations prior to the termination date.

13. Oparko’s Liability

13.1. Oparko’s liability is capped at DKK 38,000 unless willful misconduct or gross negligence is proven.

13.2–13.5. Parkeringskompagniet is not liable for accidents, theft, damages, indirect losses, or any failure in relation to:

Parking behavior, User error, Incorrect registration or termination, Use in violation of signage or law,

Technical malfunctions, Telecommunication issues, Misleading pricing, Service interruptions, Full parking spaces, Unauthorized login use, Force majeure.

14. User Liability

14.1. The User shall indemnify Parkeringskompagniet against any claims or losses resulting from the User’s negligence, non-compliance, or third-party claims linked to their use of the Services.

15. Intellectual Property

15.1. Oparko may experience functionality issues or planned downtime. The system may be updated or altered without notice.

15.2. All intellectual property (source code, trademarks, patents) belongs to Parkeringskompagniet or its licensors. Users have no right to use the software for commercial purposes or attempt to access the source code.

15.3. The User must ensure all uploaded content is safe, free from malware, and respects third-party rights.

15.4. Oparko is not liable for data breaches unless gross negligence is proven.

16. Force Majeure

16.1. Oparko is not liable for delays or failures caused by events outside of its reasonable control.

16. Subletting Prohibition

16. The User is not entitled to sublet the parking space. Violation of this clause is considered a breach of contract, cf. Section 13.

17. Parking Administration

17. Parkeringskompagniet acts as the parking administrator on behalf of the property owner/property owner’s property manager. All inquiries regarding this agreement must be directed to Parkeringskompagniet. If Parkeringskompagniet ceases to act as the parking administrator, the agreement will be transferred to a new parking administrator.

18. Personal Data Storage and Processing

18. Regarding the storage and processing of personal data, reference is made to the applicable data policy available at: https://www.parkingskompagniet.dk/datapolitik/. If the User requests the deletion of personal data, this will be considered a termination of the subscription parking agreement, as Parkeringskompagniet cannot maintain the agreement without the specified data.

NOTE: The User is obligated to keep the information registered in Oparko up to date. This means the User must notify Parkeringskompagniet in the event of changes to address, email, or the license plate number of the vehicle used with Oparko. Failure to do so entitles Parkeringskompagniet to delete the existing registered information and terminate the subscription parking agreement to comply with applicable data protection legislation.

Company Information

OPARKO A/S

Trindsøvej 4, 8000 Aarhus

CVR: 37127485

Email: service@oparko.com

Phone: +45 88 74 31 94

Website: www.oparko.com

Last revised: 16.11.2022