© 2020 All rights reserved RIVER MALL
PARKING ACTIVITIES REGULATIONS
1. General Provisions
1.1. These Regulations on Parking Activities (hereinafter referred to as the “Regulations”) define a single procedure for organizing and operating the Parking in order to ensure proper conditions for Car Owners when using Parking services.
The Regulations regulate the relationship between the Parking Administration (Limited Liability Company “Misto Park Service”, EDRPOU code 43133921) and the owners of Vehicles (hereinafter referred to as the “Car Owner”) who use the services of multi-level parking, namely: underground, indoor, open parking, which are located in the RIVER MALL shopping and entertainment center at the address: Kyiv, Dniprovska naberezhna, building No. 12 (hereinafter referred to as the “Parking”).
These Regulations are a public agreement within the meaning of Art. Art. 633, 641 of the Civil Code of Ukraine, their terms are the same for all Car Owners, regardless of their status (individual, legal entity, individual entrepreneur. The subject of this public agreement is the provision by the Parking Administration of Services for placing Vehicles in the Parking and the fulfillment of the terms of these Rules by the Car Owners. The public agreement comes into force from the moment of Acceptance of the offer and is valid until its full fulfillment.
In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, the entry of the Car Owner by Vehicle into the Parking area is an acceptance of the offer to conclude an agreement for the provision of services for placing Vehicles in the Parking area (acceptance of the offer) and certifies the Car Owner’s desire to conclude this agreement and confirms the Car Owner’s consent to comply with the Parking Use Rules set out below.
From the moment of entry by the Vehicle into the Parking area, the Car Owner fully accepts the terms specified in the Regulations, including tariffs for the use of Parking Spaces, sizes losses that the Car Owner is obliged to compensate in favor of LLC “Misto Park Service” in the event of damage caused by the Car Owner in the amount set out in Appendix No. 1 to the Regulations, and all other terms of the Rules.
1.2. The main terms used in these Regulations:
1.2.1. Placement of Vehicles – temporary location of a Vehicle in the Parking area.
1.2.2. Parking space – a place in the Parking area for placing one Vehicle, limited by marking contours with a corresponding serial number.
1.2.3. Payment for the use of a parking space – a mandatory payment made by Car Owners for using Parking services, according to the tariffs determined by the Parking Administration.
1.2.4. Vehicles – passenger cars, minibuses, motorcycles, scooters, trailers and others.
1.2.5. Car Owners – owners and users of Vehicles, whose right to ownership or use is confirmed by relevant documents.
1.2.6. Persons with disabilities are persons with disabilities who have an appropriate document certifying the right to free parking of a Vehicle, who have an appropriate certificate of a recipient of state social assistance paid instead of a pension, or a certificate of a person receiving state social assistance in accordance with the Law of Ukraine “On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities”, or a certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance, which contains a record of disability.
1.2.7. Parking Administration – a legal entity authorized by the Parking Owner that carries out commercial operation of the Parking on the basis of a concluded lease agreement.
1.2.8. Parking Employees – employees authorized by the Parking Administration who perform work on the provision of services for the placement of Vehicles, maintenance of the Parking and provide other services.
1.2.9. Parking Pass – a fixed-term document (plastic card) certifying the conclusion of an agreement between the Parking Administration and the Car Owner for the use of the Parking, the fact of payment by the Car Owner to the Parking Administration for the use of a parking space, and is confirmation of the right to stay the Vehicle in the Parking, access to the Parking.
1.2.10. Parking Ticket – a document certifying the conclusion of an agreement between the Parking Administration and the Car Owner for the use of the Parking, is a one-time pass for entry and exit from the Parking and records the date and time of the start of using the Parking. Receiving a Parking Ticket certifies the Car Owner’s agreement with these Regulations.
1.2.11. Parking Usage Period – the period for using the Parking, which is calculated from the moment of receiving the Parking Ticket upon entering the Parking, until the moment of payment for using the Parking at the parking meter or mobile application before leaving the Vehicle from Parking. The term of use of the Parking based on the Parking Pass is calculated from the moment of payment for the Pass and is valid for one month.
1.2.12. Loading and unloading area of the Parking (Ramp) – a zone specially designated by the Parking Administration or the SEC Administration, which is marked with markings on the Parking territory and is used for loading and unloading
2. Tariffs for using Parking services
2.1. The Car Owner uses the Parking under the following tariffs and conditions:
1. Parking ticket – “Standard”
– Upon entering the Parking area, 30 minutes are provided to the Car Owner free of charge
– Motorcycles, mopeds, motorized strollers 5 hours free of charge
– Each subsequent hour 50.00 UAH.
2. Parking ticket – “Daily”
Staying the Car Owner’s Vehicle in the Parking from 10 hours to 24 hours 500.00 UAH.
3. Parking Pass “Without restrictions”
The Car Owner uses Parking services for one month
5,000.00 UAH.
3. Organization of Parking Operation
3.1. On the territory of the Parking, in a prominent place, these Regulations, the Parking schedule, information on tariffs for Parking services, fire safety rules and safety equipment, a Parking plan indicating the direction of movement of Vehicles, an emergency evacuation plan for Vehicles, telephone numbers of the Parking Administration, state bodies for consumer protection, police, fire department, ambulance, a book of complaints and suggestions, samples of documents for using the Parking are placed.
3.2. The Parking Administration is obliged to provide the Car Owner with convenient conditions for placing the Vehicle.
3.3. For the convenience of Car Owners, an automated system for recording and controlling the entry and exit of Vehicles has been introduced in the Parking.
3.4. Placing Vehicles in the Parking is carried out around the clock.
3.5. Vehicles that are registered in accordance with the current legislation of Ukraine (or any other country that does not contradict the legislation of Ukraine) and have a state license plate are accepted for the Parking.
It is strictly forbidden to accept a Vehicle into the Parking for any period without a state license plate!!!
3.6. The Parking Administration is not responsible for the safety of the Vehicle, its completeness and the safety of the property located in it.
3.7. Entry to the Parking area is carried out only through the barrier, near which there is a counter where the Car Owner receives a Parking Ticket or applies a Parking Pass for reading. Exit from the Parking is carried out through the barrier.
4. Using Parking services
4.1. Using Parking services when receiving a Parking Pass
4.1.1. When registering as a Parking Passholder, the Car Owner must present to the responsible Parking employee:
– technical passport (technical passport) of the Vehicle;
– passport or other document certifying his identity;
– Vehicle for inspection.
After completing these steps, the Parking Administration provides the Car Owner with a Parking Pass, which does not assign a specific parking space to the Car Owner. The Car Owner has the right to park his car in all free parking spaces indicated by the Parking staff.
4.1.2. Upon receipt by the Car Owner of the Parking Pass, the Car Owner must familiarize himself with the Parking Operation Regulations, and also make a payment for the Parking Pass.
4.1.3. Car Owners who have not paid or extended the Parking Pass on time lose the right to use the Parking services.
4.1.4. In the event of the purchase of another Vehicle by the person who purchased the Parking Pass, this person has the right to continue using the Parking Pass, and must notify the Parking Administration of the replacement of the Vehicle, and reissue the Parking Pass by order of the Parking Administration.
4.1.5. The Parking Administration has the right to terminate the use of the Parking Pass by the Car Owner early in the following cases:
– if the Car Owner has declared the termination of use of the Parking;
– violation by the Car Owner of the requirements of these Regulations;
4.1.6. In the event of the closure of the Parking Lot, including for repairs and (or) any other circumstances that led to a reduction in the number of parking spaces, as well as in the event of a violation by the Car Owner of the requirements of these Regulations, the Parking Lot Administration has the right to terminate the Parking Pass at any time, notifying the Car Owner of this by phone call, who is obliged to remove his Vehicle from the Parking Lot within 2 days.
4.1.7. In the event that the Car Owner has not removed his Vehicle from the Parking Lot within 2 days after receiving the notification of the termination of the Parking Pass, the Parking Lot Administration has the right to contact the police with a corresponding request for the evacuation of the Vehicle to special sites.
4.1.8. When leaving the Parking Lot after the expiration of its placement period, the Car Owner is obliged to:
– hand over the Parking Pass to the Parking Lot employee;
– make an entry in the registration card about the termination of use of the Parking under a personal signature with the date of entry.
4.1.9. For the loss of the Parking Pass, a fine of 200.00 hryvnias shall be charged to the Car Owner.
4.2. Use of Parking services upon receipt of a Parking Ticket
4.2.1. Placement of Vehicles in the Parking area on the basis of a Parking Ticket is carried out without assigning them parking spaces in parking spaces free from placement, indicated by the Parking staff.
4.2.2. Upon arrival at the Parking, the Car Owner, by pressing the receipt button at the entrance counter, receives a Parking Ticket, which records the time of arrival of the Vehicle in the Parking.
4.2.3. Parking tickets of the established sample are documents for the short-term stay of Vehicles in the Parking, as well as passes for entering and leaving the Parking.
4.2.4. In advance, before leaving the Parking Lot, the Car Owner, based on the issued Parking Ticket, makes a payment at the parking meter by cashless or cash payment with receipt of a fiscal check, in the mobile application or immediately before leaving by contactless payment method through the check-out system located at the parking lot exit counter for the actual time the Vehicle is in the Parking Lot.
4.2.5. Vehicles that have been damaged as a result of an accident are not allowed in the Parking Lot for short-term placement.
4.2.6. A vehicle with a damaged or dirty front license plate is not allowed in the Parking Lot.
4.2.7. A vehicle with a damaged or dirty front license plate is not allowed in the Parking Lot.
If the Parking Ticket is lost or the Vehicle license plate is damaged or soiled, the Car Owner is obliged to pay a fine of UAH 200 for searching for information to exit the Vehicle and to pay for the entire time spent in the parking lot, determined according to the ASUP software, which is paid to the Parking Administration by the Car Owner.
5. Parking space usage fee.
5.1. Parking space usage fee and other services provided in the Parking are charged at the rates established by the Parking Administration.
5.2. Parking space usage fee is charged:
5.2.1. – for long-term placement of the Vehicle on the basis of a Parking Pass – according to the rates specified in clause 2.1. of these Regulations;
5.2.2. – for short-term placement of the Vehicle on the basis of a Parking Ticket upon leaving the Parking for the actual time of the Vehicle’s stay, according to the rates specified in clause 2.1. of these Regulations, when paying at the Parking machine by cashless or cash payment with receipt of a fiscal check and when paying via a mobile application.
5.3. In the case of short-term parking of the Vehicle in the Parking Lot, the fee for using the parking space is calculated hourly, and if the Vehicle is in the Parking Lot for more than the full first hour, the fee for the next second hour is charged in full.
5.4. The period of free use of the parking space is 30 (thirty) minutes of the Vehicle being in the Parking Lot. This period is calculated from the moment of receiving the Parking Ticket upon entering the Parking Lot until the moment the Vehicle leaves the Parking Lot. If the Vehicle does not leave the Parking Lot during this period, the Car Owner is charged a fee for a full hour.
5.5. In the event of a short-term placement of a Vehicle in the Parking Lot by a Car Owner who has exceeded the established placement period (more than 1 day), the Parking Administration has the right to apply to the police with a corresponding request to evacuate the Vehicle to special sites, with subsequent collection from the Car Owner of the fee for using the parking space for the entire time the Vehicle is in the Parking Lot.
5.6. When paying for a Parking Ticket at a parking meter, the Car Owner is obliged to leave the Parking Lot territory within 30 minutes. If the Vehicle has not left the Parking Lot territory within 30 minutes after paying for the Parking Ticket, in this case the automated Parking Lot management system continues to charge the Parking fee according to the established tariff.
6. Rights and obligations of Car Owners
6.1. Car Owners retain the right to long-term and short-term placement of Vehicles in the Parking, provided that they comply with the requirements of these Regulations and timely pay the established (contractual) tariffs for using the Parking, specified in clause 2.1.2. of these Regulations.
6.2. Entry to the Parking area is allowed only to the Car Owner or his authorized person under valid Subscriptions or Parking Tickets.
6.3. The doors, hood and trunk of Vehicles located in the Parking must be locked.
The Vehicle in the Parking remains in neutral gear and not on the parking (hand) brake and is fixed against arbitrary movement or with a locking shoe. If there is an alarm, the alarm is turned on, and if there is no alarm, the negative battery wire (ground) must be disconnected.
6.4. When using the Parking, Car Owners are obliged to:
– strictly comply with the requirements of these Regulations, the rules of safety and fire safety, and sanitary standards;
– maintain cleanliness and order in the Parking, do not wash the Vehicle;
– keep the Vehicle clean and ensure that there are no leaks of roadway, antifreeze, fuel, and other technical fluids used in Vehicles from the Vehicle; in the event of leakage of fuel and lubricants and coolant, the Car Owner shall pay a fine of UAH 500 to the Parking Administration;
– comply with the Traffic Rules;
– do not leave children unattended in the Parking area;
– do not obstruct other Vehicles moving through the Parking area with their actions;
– briefly familiarize passengers in the Vehicle with the requirements of these Regulations;
– upon request of a Parking employee, present the Vehicle for inspection upon entering the Parking;
– not transfer valid Subscriptions and/or Parking Tickets to other persons;
– in the event of liquidation of the Parking, upon expiration of the term of use of the Parking, as well as upon loss of the right to use the Parking, remove your Vehicle from the Parking;
– when placing several Vehicles in the Parking, pay for the placement of each Vehicle;
– when placing a Vehicle in the Parking, leave a fire extinguisher and a tow rope in the cabin;
– pay for parking the Vehicle on time at the established rates and, upon request of Parking employees, present them with documents confirming payment for parking the Vehicle.
– in the event of causing damage to the Parking and Vehicles located on the Parking territory by your actions, compensate for the damage in full;
– the maximum permissible speed of vehicles on the territory of the Parking (speed limit) is 5 km / h;
– upon entering the Parking, the Car Owner is obliged to clean the front license plate of the Vehicle from snow and dirt.
7. In the Parking it is prohibited to:
7.1.
– perform maintenance and repair of Vehicles, wash them, refuel with gasoline and oil, use open fire to warm up engines and units;
– drive the Vehicle at a speed of more than 5 km/hour;
– smoke, consume, use tobacco products, electronic cigarettes, devices for consuming tobacco products without burning them, hookahs,
– drink alcoholic beverages, be in the Parking in a drunken state or under the influence of narcotic substances;
– store explosive materials in the luggage compartment or interior of the Vehicle;
– install any cabinets or drawers for storing fuel, spare parts, inventory, trench tools, etc.;
– tow the Vehicle for starting it;
– install the Vehicle on trestles, stands and other objects;
– leave the Vehicle with the gearshift engaged, on the parking (hand) brake;
– carry out work under the Vehicle mounted on a jack;
– use any means of covering the Vehicle, such as car covers (capes), including those of industrial manufacture. State license plates and wheels of the Vehicle must be open for inspection;
– parking in non-designated places, on pedestrian paths and on loading and unloading areas of the Parking (Ramps);
– park cars in places for charging electric vehicles;
– charge electric vehicles in places not designated for this;
– use the Parking for a purpose other than parking.
7.2. For violation of the requirements of clause 7.1 of these Regulations, the Parking Administration has the right to impose a fine on the Car Owner in the amount of 200.00 hryvnias excluding VAT for each such violation.
7.3. Entry to the Parking is restricted:
Parking of Vehicles with the following characteristics is permitted only in specially designated places marked with appropriate markings:
– Vehicle height exceeds 2.3 m;
– Vehicle width exceeds 2 m;
– Length exceeds 5.3 m;
– Ground clearance (clearance) less than 120 mm;
– Bicycles, rollerblades, unicycles, scooters, electric scooters, skateboards, gyro scooters, vehicles with trailers, etc.
8. The Administration undertakes to:
8.1.
– equip the Parking with road signs, apply markings in accordance with the current legislation of Ukraine;
– maintain in working order and monitor the serviceability of the parking equipment;
– clean the Parking area from snow, ice and household garbage;
– in the event of any obstacle being created, take all possible measures to eliminate it, and if this is impossible, then use available means to inform other Car Owners about the danger.
9. Use of the Parking by persons with disabilities
9.1. In accordance with Art. 30 of the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine” and the Resolution of the Cabinet of Ministers of Ukraine No. 585 dated May 25, 2011 “On Approval of the Procedure for Providing Benefits to Drivers with Disabilities, Drivers Carrying Persons with Disabilities, Including Vehicles Owned by Public Organizations with Disabilities, Enterprises, Institutions, and Organizations Operating in the Field of Social Protection of the Population, for Free Parking and Storage of Vehicles” – all categories of persons with disabilities have the right to use Parking services free of charge.
9.2. There are specially designated parking spaces on the Parking area for parking a Vehicle in which a person with disabilities is located, only if such a person has a corresponding certificate.
9.3. A vehicle on which a sign with the inscription “Person with Disabilities” is located, and in which such a person is not located at the time of entry to the Parking, cannot use Parking services free of charge.
9.4. Entry to the Parking area by a person with a disability is carried out only through the barrier. When leaving the Parking area, a person with a disability shall contact the Parking staff and present a document confirming disability.
A Parking employee shall take a photo of such a document before the person with a disability leaves the Parking area. Such a Vehicle shall leave the Parking area free of charge.
Appendix No. 1 to the Parking Regulations
In the event of damage to the Parking property, the car owner shall be obliged to compensate the cost of the damaged property to Misto Park Service LLC, as specified below:
Delineator 2,550.00 UAH. per 1 pc.
Video capture camera 34,000.00 UAH. per 1 pc.
Entry-exit stand body 52,000.00 UAH. per 1 pc.
Barrier stand 340,000.00 UAH. per 1 pc.
Barrier boom 5,200.00 UAH per 1 linear meter
Traffic sign 2,700.00 UAH. per 1 pc.
Parking barrier 6,800.00 UAH. per 1 pc.
Fire hydrant cabinet 8,500.00 UAH. per 1 pc.
Lamp 1,000.00 UAH. per 1 pc.
Parking wall repair 3,500.00 UAH per 1 sq.m.
Stainless steel anti-parking column 4,300.00 UAH. per 1 pc.