SPLOŠNI POGOJI

The general conditions and house rules for the use of the Fornača Garage House (hereinafter: “GH”) are determined by its owner and manager, the company PH AMFORA doo, Piran, Dantejeva ulica 12, 6330 Piran – Pirano, registration number: 8485607000 (hereinafter: “PH AMPHORA «).

The General Terms and Conditions and House Rules apply to all GH users, and PH AMFORA reserves the right to change them. The General Terms and Conditions and the House Rules are considered valid and binding on GH users from the date of their public publication on the website www.phamfora.com, upon import / export and in all lifts in the GH. In case of doubt, the date of publication of these General Terms and Conditions and the GH House Rules shall be deemed to be the same as the date recorded on the document.

It is considered that the driver who drove his vehicle to the GH area has accepted these general terms and conditions and the house rules and the valid GH price list and thus became its user, and has undertaken to pay for the use of the parked place according to the valid company price list. PH AMPHORA. In the event that the driver does not agree to these conditions and does not wish to enter into a contract for the use of GH parking spaces, he is obliged to drive his vehicle in the direction of the exit before entering the GH area. With the passage of the vehicle through the lift gates, a contract has been concluded between PH AMFORA and the user for the use of GH parking areas.

1. Introductory provisions

• GH area are areas (entry / exit lane for vehicles, marked traffic routes and parking areas), areas of devices and systems (payment machines, security system, parking automation, ventilation, etc.) and other premises (office, auxiliary rooms, toilets), which they can only be used by GH users. The GH area allows its users to use parking spaces, such as signs marked on the ground, with the entrance to and exit from the GH area secured with lifting gates.
• GH users are all those who hire or use a parking space in the GH, namely: subscribers who can be natural persons as well as businesses and daily users and any other person located in the GH area as their passenger and other persons who are in the area without a valid parking permit GH and who are prohibited from staying as well as any other activity in the GH area. Subscribers are users who enter into a written contract with PH AMFORA on the use of parking spaces in GH for at least one year. Daily users are users who enter into a contract with PH AMFORA for the use of parking spaces in GH with implicit conduct – with the passage of the vehicle through the lifting gates in GH each time. In case of doubt, the daily user is considered to be the owner of the vehicle.
• When parking a vehicle, GH users must carefully observe the horizontal and vertical traffic signals or floor markings and park your vehicle exclusively in the marked parking space so that the vehicle has all the wheels, including the side mirrors within each marked parking space, and take care not to obstruct other GH users by parking.
• If the user abandons the vehicle (there is no registration number on the vehicle, the tires are empty, the vehicle is unlocked, damaged or not driven or no one cares for it, incorrectly parked, etc.) GH has the right to remove the vehicle from the parking garage at the user’s expense. owner of this vehicle. GH is not liable for any damage that may result from such removal of the vehicle from GH. A vehicle is also considered abandoned if, subject to the conditions set out in the previous sentence, it is parked continuously for more than seven days in GH without prior written agreement with GH’s operator, PH AMFORA.
• Users must comply with road traffic regulations, traffic signals, internal instructions of the operator and house rules, which are an integral part of these general terms and conditions. Users must also follow other instructions from GH staff, which are not covered in these General Terms and Conditions and House Rules, but are made public in the same way as the latter. These General Terms and Conditions and House Rules are an integral part of the contract that users enter into with PH AMFORA for the use of parking spaces in GH.
• The vague provisions of these General Terms and Conditions and House Rules, adopted by PH AMFORA, are interpreted in favor of the user.
• In the event of violations of these General Terms and Conditions and house rules or other publicly announced instructions of the company PH AMFORA or. GH staff, the infringer is obliged to reimburse the contractor for any damage caused and costs associated with the recovery of these claims.
• Users, their companions or. escorts and third parties, the violation may be brought to the attention of a lawyer’s reprimand, the cost of which is calculated in accordance with the applicable Lawyer’s Tariff (Official Gazette of the Republic of Slovenia, No. 2/15, as amended, hereinafter: “OT”) and consists of the cost of acquisition personal data on the offender (tariff no. 39/5 of special part OT) and the cost of drawing up a reprimand (tariff no. 38/4 of special part OT). In addition to the damage caused, the offender may also be required to reimburse attorney’s fees.
• The user, their companions or. Companions and third parties who are treated as violators in accordance with these General Terms and Conditions and House Rules always have the right to object to the alleged violation and prove that they did not commit the alleged violations, but also have the right to inspect the evidence of the alleged violations.
• PH AMFORA has the right to users, their passengers or. to charge the accompanying persons and third parties as the cause of the damage to the damage caused to the GH surface, both indoors and outdoors or on movable and immovable property located on the entire surface of the GH and for which the polluter is liable.

2. Payment for the use of parking space and conditions of use for subscribers

• Users are obliged to pay a parking fee for the use of parking spaces in GH. Subscribers amount and method of payment of parking fee or parking space usage fees are agreed in a written contract, and daily users pay the parking fee according to the current price list for the use of GH, published on the website phamfora.com and at the entrance and entry into GH and exports from it.
• Subscriptions are charged according to the current price list, whereby subscriptions issued to permanent residents in the city of Piran, tenants of apartments in the inner part of the city center with temporary residence, who prove themselves with a rental contract, employed in the city of Piran and disabled, are tied to a specific vehicle of the same registration and are not transferable, which means that the mentioned subscribers may not use one garage card for several different vehicles with different registration numbers.
• However, the non-transferability of the subscription does not apply to property owners in the city of Piran, without permanent residence in the city of Piran and to legal entities that can transfer and use their subscriptions with different motor vehicles of different registration numbers. from GH with the same vehicle of the same registration numbers.
• PH AMFORA, as the GH operator, does not provide free parking spaces to daily users or season ticket holders, to which the GH operator warns subscribers in particular before concluding a contract on the use of parking spaces in GH.
• PH AMFORA can only conclude a certain number of subscriptions, until the respective capacities are filled, ie 30% of all parking spaces in GH (there are 838 parking spaces in GH). The GH operator reserves the right to change the capacity of parking spaces intended for subscribers with its annual GH management business policy.
• Parking time is recorded automatically, both for subscribers and for daily users. When the vehicle passes through the lift gates in GH, the car registration number, date and time of the gate crossing are recorded in the information system. In the case of daily users, this information is printed on a parking ticket, which is taken over by the user for the purpose of paying the parking fee. The daily user is obliged to store the parking ticket until the exit from the GH. In the event of the loss of a parking ticket or parking card, GH is entitled to charge the user the cost of producing a new parking ticket or a new parking card. The user is obliged to immediately inform the authorized GH staff about the loss of the parking ticket or the parking card, or on the telephone number 00386 5676 7114/00386 (0) 40 363836 or by e-mail to the address: [email protected] vehicle parking in the GH must enter and exit with the same parking ticket. The parking ticket and the parking card are the property of PH AMFORE. In case the GH user loses the parking ticket, the user is obliged to pay the parking fee after the time of parking the vehicle, and at the same time the GH operator reserves the right to demand reimbursement from the user in case of loss of the parking ticket.
• In the case of daily users, the use of one of the available parking spaces is considered to last until the payment of the parking fee, after which the daily user must leave the GH by vehicle within 15 minutes. If a daily user leaves GH without fulfilling his obligation to pay the parking fee according to the price list, this does not mean the termination of the rental period. The user thereby violated his basic contractual obligation or. his conduct shall be deemed to be an escape which has all the statutory signs of the crime of failure. Under this title, the user is obliged to pay the full parking fee from the moment of entering the GH (date and time of the gate crossing) until its payment, in accordance with these rules and the applicable price list, ie payment of a parking ticket or at the GH vending machine or cash register. the lease ends. The company PH AMFORA can, in addition to the parking fee or. usage fees from the date and time of the gate crossing – entry into the GH until its payment, charges the user for each export from the GH without fulfilling the obligation to pay the parking fee (escape) the costs of establishing the identity of the offender (inspection of video surveillance system , the costs of making a new parking ticket, which was alienated as a result of the escape or destroyed and the cost of resetting the information system of operation of lifting locks (they stop on escape). The GH operator will hold criminal and civil liability against such violators, accomplices and their accomplices. Despite the user’s export without payment (escape), it reserves the right to hand over the parking space used by the user before escaping from GH to another user, whereby the user who escaped or left the GH area without payment, is obliged to pay the parking fee for the entire period from the entry into the GH and until the moment of settlement of the card and payment of it, as explained above. The GH operator also has the right from the user in case of escape or. other abuses of parking areas to claim reimbursement of the costs incurred, explained and listed above. GH is not obliged to check whether the vehicle for which the user or. the lease is not terminated in accordance with these General Terms and Conditions, in fact in GH. for which the user or. the lease is not terminated in accordance with these general terms and conditions, in fact in GH. for which the user or. the lease is not terminated in accordance with these general terms and conditions, in fact in GH.
• Misuse of a parking ticket or parking card means any act contrary to these General Terms and Conditions, and in particular the use of the same parking ticket or parking card for the export of two or more vehicles free of charge.
• Persons who do not have a valid parking ticket or parking card (valid permit) or are not accompanied by a GH user are prohibited from entering and staying in the GH area. This also explicitly applies to all areas of entry and exit to and from the GH and the areas where cash registers, payment machines, toilets and parking automation are located. In the event of a control, persons located in the GH area are required to present a valid parking permit to the GH staff member or security service.

3. Liability for damage

• Users and their passengers use the parking space and the remaining spaces in GH at their own risk. Also, users and their passengers in GH park their vehicles at their own risk.
• PH AMFORA, does not assume any responsibility for the storage of the vehicle during the use of parking areas GH or. parking and is not responsible for any damage to vehicles or vehicles that occur during the use of the parking space and other areas or. premises in GH.
• PH AMFORA is not responsible for damage caused by users or their passengers during the escape or. attempt to escape from GH.
• PH AMFORA is not liable for any damage caused by third parties.
• PH AMFORA is not responsible for the loss or theft of personal belongings located in the GH area. GH is not liable for death or personal injury suffered by the injured party, the GH user, his passenger or a third party.
• PH AMFORA, may be liable for damage to the vehicle during the use of the parking space in the GH or to the user and their passengers during the movement in the GH area, only if the damage is caused by GH personnel. Liability for damage caused by GH personnel is excluded when the damage is done as a last resort. In these cases, the user and their passengers are obliged to immediately inform the GH staff about the damage and to enable the inspection and securing of evidence before moving the vehicle or otherwise jeopardizing the credible inventory of the circumstances of the alleged damage event. The user and the authorized GH worker shall keep an appropriate record of the damage to the vehicle allegedly caused by the conduct of the GH personnel.
• PH AMFORA, in no case is liable for gross negligence, and in case of gross negligence and intent, its liability is limited to a maximum of 2,000.00 EUR. PH AMFORA is not responsible for death or bodily injury and related material damage suffered by the victim – GH user or his passenger or. companion, if the pedestrian did not move in the areas marked for pedestrian movement and the damage results from his movement as a pedestrian. Users are aware of the fact that it is a GH in which moisture and stains can occur on the ground due to liquids leaking from vehicles, and agree that PH AMFORA is not obliged to provide flawless walking surfaces at all times, but is obliged to control this. during the operation of the GH reception according to a predetermined schedule. In case of precipitation, the user must expect the walking surface to be wet, and adjust the driving on GH surfaces accordingly. movement, walking on the GH, in which case special notifications of soil moisture are not required.
• PH AMFORA is not liable for damage caused by its staff if the damage is done in distress. However, in the event that its staff discourages the risk of damage from another, PH AMFORA must demand from that person compensation for the damage to which the PH AMFORA staff has been reasonably exposed.
• The GH user or his passenger and other persons who are in the GH area without a valid parking permit are responsible for any direct or indirect damage to people (users) or things in the PH area caused by his actions or the actions of his companions or companions. .

4. Performing video surveillance

• The GH area is protected by video surveillance for the purpose of controlling entry and exit from GH, protection of employees, protection of GH property. and preventing damage and maintaining order. Video surveillance covers all GH users.
• Users, their passengers and third parties who are located in the GH area without a valid parking permit are informed about the implementation of video surveillance through notices placed in front of the lift barrier for import into the GH, at all entrances or. pedestrian exits as well as in all GH lifts. The notifications contain information that video surveillance is being carried out by PH AMFORA and a telephone number: 00386 (0) 40 363836, where GH users can receive information on where and for how long the recordings from the video surveillance system are stored. Videos are stored via 4K cameras for 9 days, and recordings of other cameras for up to 6 months. The recordings shall be deleted in accordance with the capabilities of the hardware, but no later than 6 months after their creation, unless they are recordings of individual events for the protection of PH AMFORA’s legal interests (defense against user claims, assertion of claims against responsible users) permanently stored (especially in case of escape, misuse of a parking ticket or card, causing damage to the property of the GH operator, causing damage to the property of users and damage cases). GH users are informed about video surveillance at the entrance to GH, where a warning board on video surveillance with a contact number is installed. Labels with a notice of the implementation of video surveillance are also installed in the elevators.
• The video surveillance system is operated by the GH operator itself and an authorized IT affairs company, i.e. STUDIO JORK – Ogrin & Co., bottom, Deans 230, 6271 Deans.
• PH AMFORA will store and process surveillance camera footage in accordance with applicable law and internal regulations, solely for the purpose of ensuring human safety, preventing damage, and maintaining order.
• Users and their passengers and other persons located in the GH area without a valid parking permit expressly agree that all videos may be used as evidence against them or in proceedings between PH AMFORA and them in the event of violations.

5. Processing of personal data

• PH AMFORA, as a controller of personal data within the meaning of the provisions of the General Regulation on Data Protection (EU Regulation 2016/679, hereinafter: “GDPR”) and the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, No. 94/07, as amended, in hereinafter: “ZVOP-1”) maintains a database on GH users that arise as a result of the use of GH parking areas and the use of a video surveillance system.
• As a result of using the automatic license plate recognition system, PH AMFORA maintains a collection of daily GH users, in which data are processed which, according to the prevailing interpretation, are considered personal data when the daily user (natural person) is also the owner of the vehicle for which he used the parking lot. place in GH. The database of daily users contains data on the registration number, date and time of import into GH and export from GH and data related to the implementation of a possible contract (amount of parking fee, payment, unpaid obligations, etc.), especially in the case of parking users. GH surfaces benefit for more than one month. All data on daily users are collected and processed for the purpose of implementing an implicitly concluded lease agreement or. use of a parking space in GH (the legal basis for such processing is point b) of the first paragraph of Article 6 of the GDPR). The data are stored in the collection for a maximum of two years or. 730 days for the purposes of asserting or defending against various legal claims that could arise from the contractual relationship between the daily user and GH. The data is transmitted to the contractors or. subcontractors of the parking system for identification of registration numbers:

• PH AMFORA also manages a collection of personal data on subscribers or. on users who have concluded a contract with PH AMFORA for the use of GH parking areas or so-called subscription, where this personal data file collects data on personal name, address of residence, vehicle make, vehicle registration number, garage card number, if issued, data on direct debit of the user’s account for the purpose of paying parking fees or. usage fees (bank name, bank account number…), data on the implementation of the contract – parking (date, time of import and export from GH, car registration number) and data related to obligations arising from the contract (charged services, paid bills, unpaid obligations , forced recovery, etc.). All data of the contracting parties or. subscribers are collected and processed only for the purpose of implementing contracts for the use of parking spaces in the Fornače Garage House. They are kept in the collection for a maximum of five years for the purposes of asserting or defending against various legal claims, which could originate from a contractual relationship between tenants or contracting parties, subscribers and PH AMFORA.
• PH AMFORA also maintains a database of loss events reported by users as events for which GH staff is responsible. This database contains data on the claimant (personal name, address, contact details), data on the loss event (record or short description of the alleged damage event), data on the alleged causer of the damage (personal name, job title) and other data, important for the assessment of PH AMFORA’s liability. The data in this database are processed only for the purpose of assessing the liability of the controller or for asserting claims or defending against claims of alleged victims (legal basis for processing is point f) of the first paragraph of Article 6 of the GDPR. ). They are stored for a maximum of five years or.
• PH AMFORA does not export personal data to third countries. All potential contractual partners – processors of personal data who, in addition to the employees of the controller, process personal data, have their registered office in the territory of the European Union and have concluded appropriate contracts on the processing of personal data with PH AMFORA. PH AMFORA does not process personal data of users, their companions and third parties for direct marketing purposes and does not pass it on to third parties, unless it is obliged to do so in compliance with legal obligations or the user, their companion or a third party agrees to the transfer.
• During the processing of personal data, users and their companions located in the GH parking area have the right to access, correct, restrict the processing or delete all or individual data, in accordance with applicable regulations, in writing with a request forwarded to the contact details specified below. data. They have the right to object at any time to the processing of personal data, to the portability of data and to lodge a complaint with the Information Commissioner.
• Requests for the exercise of personal data protection rights can be addressed to the controller in writing by post to the following address: PH AMFORA doo, Dantejeva ulica 12, 6330 Piran – Pirano or by e-mail to [email protected].

6. Obligations of users, their passengers or. escorts and other persons located in the GH area without a valid parking ticket

• Road traffic regulations apply in the GH area. In the event of non-compliance with road traffic regulations, the GH operator is entitled to act in accordance with the regulations and these general terms and conditions.
• Users in the GH area are obliged to:
• comply with road traffic regulations – horizontal and vertical traffic signals in GH (floor markings, traffic signs, light and sound signals);
• as pedestrians, move only in areas marked for pedestrian movement and move carefully and weather-wise;
• always pay for the use or. rental of a parking space;
• keep the parking ticket with you until export from GH and show it to GH staff on request;
• switch off the vehicle as soon as it is parked in the designated place and ensure that the vehicle does not move during parking;
• have the daytime running lights on while driving in the GH area;
• leave the GH area within a maximum of 15 minutes after paying the parking fee;
• remove snow from the vehicle before entering the GH;
• make sure that no oil or other harmful liquids leak out of the vehicle;
• in the event of irregularities, observed damage and other breaches of the provisions of these General Terms and Conditions and the parking rules, notify GH staff immediately.

7. Prohibited actions of users, their passengers or. escorts and third parties located in the GH area

• Users, their passengers and other persons located in the GH area may not:
• enter the GH with a vehicle higher than 2.3 meters or wider than 2 meters;
• drive faster than 10 km / h;
• have shorter safety distances than 5 meters;
• park in a parking space where there is an obstacle;
• park the vehicles in such a way as to prevent the normal entry / exit of the vehicle from others and in such a way as to obstruct the vehicles on the lane;
• take pictures or take pictures in the GH area;
• enter the GH by vehicle with a trailer, except with the prior consent of the GH operator;
• enter the GH by motorbike or bicycle;
• enter the GH with a gas vehicle;
• cause damage to equipment, devices or vehicles in the GH;
• enter the GH without a valid parking ticket;
• to leave personal objects outside the vehicle or in a vehicle in a visible place, repair vehicles, perform on-board service, etc .;
• dispose of or store objects, materials, substances and municipal waste;
• to smoke, sit, sleep, enjoy alcohol, beg, beg;
• install advertising signs, distribute leaflets or other marketing materials;
• stop vehicles on driving, entry, exit and intermediate lanes, overtake other vehicles, turn vehicles or drive in reverse;
• leave vehicles on when they are parked in the GH;
• leave unlocked vehicles;
• remove or relocate GH equipment or devices (in particular warning signs, traffic signals, parking and safety automation and fire extinguishers);
• leave GH with the vehicle without paying the parking fee or without completing the lease or. user relationship;
• to misuse a parking ticket, whereby the holder of a subscription with a parking ticket or the garage card enters the GH premises with another vehicle as stipulated in the contract;
• use a subscription to exit the GH after the vehicle enters the GH using a short-term parking ticket;
• carry a parking ticket.
• For the infringements specified in the previous paragraph and in points 2.6. and 2.7. of these general terms and conditions and house rules, the infringer is obliged to pay PH AMFORA for each individual violation the costs of establishing the identity of the infringer (inspection of the video surveillance system, inspection of the parking system and registration plate control system), the costs of making a new parking ticket consequences of escape alienated or. destroyed and other costs related to the repair of the damage caused.
• PH AMFORA is also in the case of removal or relocation of a vehicle whose user has violated the provisions of point 7.1. of these General Terms and Conditions and house rules, entitled to charge the cost of removal or relocation of the vehicle.

8. In the GH area, the following rules apply to ensure order:

• Weapons, flammable substances, explosives, pyrotechnic articles or dangerous objects are not allowed to be brought into the GH area. dreams;
• users and visitors to the GH common areas are obliged to use these spaces in such a way that they do not obstruct others in any way, while ensuring free movement in corridors, staircases, lifts, entrances, passages and exits;
• users and visitors are prohibited from using and staying in rooms not intended for them and from using passages, corridors, staircases intended exclusively for GH personnel;
• violent and daring behavior, indecent behavior and shouting of an individual or group, which causes agitation or threat to an individual or group, is not allowed in the GH area;
• in the GH area, it is not allowed to beg, provoke or encourage anyone to fight or behave in a bold, violent, rude, insulting or similar way or to persecute anyone and cause them to feel humiliated, threatened, hurt or frightened by such behavior;
• without the special prior permission of PH AMFORA, the sale of lottery tickets, the collection of voluntary contributions, the conduct of surveys, the distribution of leaflets, the performance of street music or other street arts;
• in the GH area it is not allowed to intentionally damage, overturn, remove or otherwise, contrary to the purpose of use, handle equipment on common areas of the GH area, such as: beautiful plants, benches, counters, lighting, signs, advertising and other signs, billboards, preparations and devices on recreational areas, playgrounds and similar devices;
• in the protected area it is not allowed to write or draw on the walls, fences or other parts of the GH building and its associated equipment;
• GH users and visitors are obliged to act in accordance with the measures or instructions from GH security personnel;
• GH users and visitors must not, by force or threat of direct use of force, obstruct or prevent the implementation of GH personnel ‘actions.
• For violations of the house rules set out in the previous paragraph, the infringer is obliged to pay PH AMFORA for each individual violation the costs of establishing the identity of the infringer (inspection of the video surveillance system, inspection of the parking system and license plate control system), costs of producing a new parking ticket , who was alienated as a result of the escape or destroyed and other costs related to the repair of the damage caused.

9. Supervision over the implementation of the General Terms and Conditions and house rules

• Supervision over compliance with the General Terms and Conditions and house rules is performed by GH staff and the security service ATRAN sistemi in varovanje doo
• In the event of a breach of the provisions of these General Terms and Conditions and the House Rules, authorized GH personnel or the GH Security Service may take the following measures against the violator: (i) issue a warning, (ii) prohibit entry into the GH Area, (iii) remove the person from the GH Area other necessary measures that may be carried out by the authorized security service in accordance with the statutory powers of the Private Security Act (Official Gazette of the Republic of Slovenia, No. 17/11). Authorized GH personnel or an authorized law firm authorized by the GH operator, users, their passengers or warns escorts and third parties of violations of these General Terms and Conditions and house rules with a lawyer’s reprimand, in accordance with point 1.8.

10. Final and transitional provisions

• In case of transfer of the right to manage GH to another legal entity, PH AMFORA reserves the right to transfer contracts to another person, whereby the respective tenants or users expressly agree to sign the contract.
• Any disputes that may arise from the contractual relationship between PH AMFORA as the operator of GH on the one hand and the users, their passengers or. escorts and third parties on the other hand and from these General Terms and Conditions of Business and House Rules, will first try to resolve themselves in a peaceful manner. If this is not possible, the court in Piran has jurisdiction over any disputes.
• These General Terms and Conditions and House Rules enter into force on 25.08.2021 and are an annex to the contracts on the use of parking spaces in GH Fornače. From the day of receipt of the General Terms and Conditions and house rules, it is considered that the user or. tenant familiar with their contents.
• The General Terms and Conditions of Use of the Garage House dated 1 December 2019 cease to be valid on 25 August 2021.

Piran, on 25.08.2021

PH AMFORA doo