MPLA Payment Service Terms and Conditions

Introductory Provisions

These Terms and Conditions (hereinafter the “Terms and Conditions”) stipulate the rights and obligations of MPLA s.r.o., with registered office at Slezská 2310/115, 130 00 Prague 3, ID No.: 24852333, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 201627 (hereinafter “MPLA”) and natural persons over 18 years of age with the legal capacity to perform legal acts and entrepreneurs within the meaning of Sections 420 and 421 of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), and other persons who are assigned a personal identification number, a numerical code referred to as “Organisation ID No.”, which serves as a unique identifier of a subject (hereinafter collectively as the “Users”) when providing the following services in accordance with the Civil Code and payment services within the meaning of Act. No. 370/2017 Coll. on payments (hereinafter the “Payment System Act”).

MPLA, as the operator of the most widely used mobile payment system on the Czech market, provides Users with the option to pay parking fees via a web browser, MPLA’s application or a third-party application with integrated MPLA API (hereinafter “Third-Party Applications”), which allows motorists to make payments for short-term visitor parking and/or payment of parking fees with selected car park operators online without using a parking meter (hereinafter the “Service”). At the same time, MPLA offers the option to pay parking fees through the payment service within the meaning of Section 3 (1)(c) of the Payment System Act constituting a transfer of funds from a payment account authorised with a payment order made by the payer, beneficiary or payer through the beneficiary, if the funds transferred are not provided as a loan (hereinafter the “Payment Service”).

MPLA is authorised to provide the Payment Service as the provider of small-scale payment services within the meaning of Section 36 at seq. of the Payment System Act and is registered in the register of small-scale payment service providers maintained by the Czech National Bank.

By using the Service or making a payment transaction through the MPLA payment system via the Payment Service, the Users confirm that they have received, read and accepted the MPLA Terms and Conditions.

Information on the Service and Payment Service Provided

MPLA provides the Services through a software solution developed and operated by MPLA consisting primarily of systems for online communication and payments through a mobile internet system using common payment cards such as VISA, MasterCard, CCS and others with the possibility to connect it to the parking system controlling the entry and exit of vehicles to and from the car park, or enabling payment for parking in paid parking zones. MPLA will electronically arrange for the payment for parking, which will be charged to the User’s payment card. The User is informed of this charge in real-time, and the operator of the car park or paid parking zones is informed about the payment of the parking fee. The crediting of the money to the parking operator’s account is carried out in batches in accordance with the terms of the agreement with the car park or paid parking zone operator. MPLA also provides Payment Services associated with the payment system and settlement.

The services provided by MPLA allow Users who utilise the online payments or payments through the MPLA.IO application or Third-Party Applications to pay the parking fee to MPLA’s contractual partners or paid parking zone operators through these services.

MPLA provides the Payment Services as a provider within the meaning of the Payment System Act, and the Payment Services allow Users who utilise online payments or payments through the MPLA.IO application or Third-Party Applications to pay the price for the Services via the Payment Services.

The requirement for the use of Services and Payment Services is a smartphone or a similar device with a compatible web browser (hereinafter the “Device”), the MPLA.IO application or Third-Party Applications.

The User is entitled to use the Services and Payment Services, pay the parking fees and authorise orders for payment transactions exclusively through the web browser on the Device after entering https://mpla.io, in the MPLA.IO application or in Third-Party Applications.

As a part of the Service and Payment Service, the User is entitled to pay the parking fees without a set limit for the total amount of payment transactions. MPLA shall not be liable for situations in which the User is limited by the payment card limit used to pay the parking fees through MPLA.

By using the Service, the Users confirm that they have read the terms of the car park operator or terms for parking in the paid parking zones.

The MPLA.IO web interface and application use cookies to store the information provided by Users. Cookies are small text files stored by the website you visit in your browser or application. Cookies are used to allow the User to interact with the MPLA’s service and access basic functions of the service. These features include language preferences, optimisation (to manage and improve the service) and management of information on User sessions (e.g., email address, vehicle registration plate number, payment token and the relevant parking). Deleting the browser history or deleting the application from the Device will remove data stored in this way. Third-Party Applications may store the information provided by Users by other means, and the User is notified of such data storage and protection in the terms and conditions for the use of Third-Party Applications, including the related personal data protection.

How the MPLA System Works (gated parking):

When entering the parking space, the User receives a parking ticket from the terminal containing a unique identifier (parking ticket number), or the vehicle registration plate number is recorded.

The parameters for the transaction are the email address and the parking ticket number or registration plate number.

Before leaving the car park, the User has the option to pay the parking fee via the Service on the User’s Device, the MPLA’s application or Third-Party Application.

After receiving the request for payment of the parking fee, the Service will verify the parking ticket number (or registration plate number) and the parking time with the car park operator’s parking system.

Subsequently, the parking fee is calculated, and the final price, including all fees and taxes, will be displayed to the User for confirmation.

After the successful payment of the parking fee, the User will receive a receipt at the email address provided by the User.

After the payment of the parking fee through the Service, information regarding the payment of the parking fee is sent to the parking system and the User is allowed to exit with the relevant parking ticket number (the parking ticket is associated with the registration plate number of the given vehicle at the entrance to the car park).

How the MPLA System Works (street parking – paid parking zones):

The User scans the QR code for the relevant parking zone with the Device (sticker, sign, etc.) or enters the direct link to the parking zone, e.g., https://mpla.io/[zone code] (sticker, sign) in the web browser on the Device, in the MPLA.IO application or in a Third-Party Application. The User may also use the location identification through geolocation services with the confirmation of the location (zone, etc.) in the Device’s web browser or in the MPLA.IO application or Third-Party Application. The User is shown information on the given parking zone (parking price per unit of time and maximum allowed parking time), and the User will select the desired parking time from the drop-down menu. The User is obligated to check whether the information on the relevant parking zone is accurate, in particular when using geolocation services to identify the location.

When entering the information for the first time, the User is asked to enter the registration plate number and email. The User may enter multiple registration plate numbers, which can be changed in the settings at any time. Deleting cookies in the browser or the MPLA.IO application will result in the loss of saved information, which will have to be entered again; in the case the User uses the browser in anonymous mode, the information may not be saved for the next session. During the next session, the User selects the registration plate number of the vehicle from the menu.

The User then selects the payment method (payment card, fuel card or one-time payment) and proceeds to payment by clicking “Pay”.

Payment

The User paying the parking fee through the Service for the first time (or in the case cookies have been removed) is requested to pair the payment card or fuel card and is then redirected to the payment gateway. The User can save payment cards or fuel cards. The User can also use the one-time payment option (e.g., through Apple Pay or Google Pay).

If the User has already entered the information, the User only confirms the registration plate number and email address to which the receipt is sent and the optional password.

Unless the User’s payment card is blocked, the User’s payment card will be successfully registered if the information is entered correctly. Subsequently, the parking fees can be paid.

The payment card data is stored on the server of the payment gate provider Only the card token is stored in the MPLA.IO application or web browser on the Device via cookies, and the information from the User’s payment card is not stored with either the User or MPLA. In the event of certain updates to the mobile phone software, deletion of browser or application history, etc., the data entered by the User may be deleted. In such a case, the initial registration must be completed again. In the case of Third-Party Applications, the token is stored in accordance with the terms and conditions for the use of Third-Party Applications.

The parking fee is considered paid only after the receipt for the parking indicating the parking time, zone and registration plate number is sent to the User. Paid parking zones cannot be used without a valid receipt.

The storage of data in Third-Party Applications is governed by the rules set out in the terms and conditions for Third-Party Applications.

Payment Processing

When using the Services, the User authorises the transaction by agreeing to pay the selected parking fee on the website on the Device or in the MPLA.IO application or Third-Party Application. The authorisation of purchase may be secured with a password. The payment of the parking fee is made through a payment gateway that first checks with the card issuer to make sure the card is not blocked and that sufficient funds are available. If the transaction is successful, the User will be informed of the payment by email, and the information will be displayed in the web browser on the Device or in the MPLA.IO application or Third-Party Application.

If an error occurs, the User will be informed and the parking fee will not be paid.

In the case of Payment Services, the payment order is accepted when MPLA receives the authorisation of the payment transaction from the User. The User gives consent electronically when authorising each payment transaction the User initiates. After the verification of the authorisation data and if the User’s card or account is not blocked, MPLA will confirm the transaction to the User in real-time by email, in the MPLA.IO application or Third-Party Application from which the User authorised the request.

In the event of an error on the part of the bank that fails to settle the amount of the payment transaction in CZK or fails to use bank details in accordance with the client’s order and thereby causes the incorrect execution of a payment transaction, the bank that maintains the account of the unauthorised beneficiary shall, at the request of the bank that caused the incorrect execution of the payment transaction, debit the incorrectly transferred amount from the relevant account and transfer it to the bank that caused the incorrect execution of the payment transaction in order to remedy the incorrectly executed payment transaction in accordance with the Payment System Act, and the bank is also entitled to restore the account of the unauthorised beneficiary to the state prior to the incorrect execution of the payment transaction (i.e., payment cancellation).

Complaints

The User of the Service and Payment Service may file a complaint to MPLA concerning the scope or quality of the Service or Payment Service, in particular, if the User has not received a receipt after the transaction, if the User was not informed of the price of the Service prior to its provision, if the User has not received the requested Service or Payment Service or if the Service or Payment Service does not meet the requirements specified by the User (e.g., different time, zone, amount of payment, etc.).

Complaints can be made using the contact form on the MPLA website https://www.mpla.io/kontakt/, by email to info@mpla.cz or using the hotline +420 734 204 320.

Information required to file a complaint:

The User is entitled to submit a complaint without undue delay, but no later than within two months of the date on which the issue to which the complaint is related occurred. Complaints will be handled within thirty days of their submission.

MPLA shall not be liable for situations in which the purchased service does not meet the requirements specified by the User or in the case of an error in the parking system interface or system of another provider to whose systems the MPLA’s Service or Payment Service connects. MPLA does not create or otherwise manage databases and price lists for the parking systems, it only receives information from such databases and lists and makes payments.

The customer is primarily obligated to follow the traffic signs, which always take precedence over the information provided by MPLA.

In the event of the User’s request for a refund of a parking fee for reasons other than those listed above, it is necessary to contact the paid parking zone or car park operator to whom the funds should be paid directly.

Price of Service and Parking Fee

The parking fee is derived from the price list of the car park or paid parking zone operator. Users shall acquaint themselves with such information prior to making the payment transaction.

MPLA provides the Service free of charge or for a fee, depending on the contractual relationship between the car park or paid parking zone operator and MPLA, with the price for the Service being specified in the operating rules for each relevant car park or paid parking zone.

The final price for the User is the sum of the amount of parking fee derived from the price list of the car park or paid parking zone operator and any fee for the use of the Service. The User is duly informed of the total price before making the payment transaction.

The price of Service includes all taxes and administrative fees.

The price of Service or Payment Service does not include the fee the User is obligated to pay to the internet service provider.

All payment transactions are made in CZK.

Personal Data

By using the Service or Payment Service, the User acknowledges that the processing of personal data is governed by the rules set out at https://www.mpla.io/zpracovani-osobnich-udaju/podrobneinformace.

Changes to Terms and Conditions

MPLA is entitled to propose a change to the Terms and Conditions to the User via email, MPLA.IO application or Third-Party Application no later than two weeks before the date on which the change is to take effect (the proposed change will also be made available on the https://www.mpla.cz website). Unless the User rejects the proposed change to the Terms and Conditions in writing no later than on the last business day prior to the proposed effective date, the change will take effect with respect to the User. If the User rejects the proposed change on the last business day before the effective date of the change in writing or through the Third-Party Application, the rejection is considered a withdrawal from the agreement under which the User accepted the Terms and Conditions. The withdrawal is free of charge and comes into effect upon the expiry of a two-week notice period.

With immediate effect, MPLA is entitled to make any changes to the Terms and Conditions that do not unilaterally interfere with the rights and obligations of the User. This change in the Terms and Conditions may include especially the modification/amendment of the Terms and Conditions as a result of adding new functionality, improving security, technological developments and changes in the relevant laws and regulations. MPLA shall inform the User about any such changes via email or through the MPLA.IO application and on its website.

MPLA is entitled to change the scope and quality of the Services and Payment Services or terminate the provision of the Services or Payment Services without redress.

Common and Final Provisions

The following contact details are intended for the purpose of communication between the User and MPLA:

The rights and obligations of MPLA and Users arising from the agreement on the provision of Services and/or Payment Services and these Terms and Conditions are governed by the laws of the Czech Republic, with the exception of conflict-of-law rules.

If the User as a consumer within the meaning of the provisions of Section 419 of the Civil Code has submitted a complaint to MPLA in accordance with these Terms and Conditions concerning the Service or in connection with the payment of the parking fees or has sought other remedies from MPLA without success, the User has the right to file a complaint with the Czech Trade Inspection Authority. The complaint must be signed by hand and sent to the address of the Czech Trade Inspection Authority, Department of Alternative Dispute Resolution for Consumer Disputes (ADR), Štěpánská 796/44, 110 00 Prague 1. The complaint may also be submitted in person, by email with a guaranteed electronic signature or via the applicant’s data box. The out-of-court resolution of a consumer dispute is governed, in particular, by the relevant provisions of Act No. 634/1992 Coll. on consumer protection, as amended, and the ADR Rules available at www.adr.coi.cz. The purpose of out-of-court dispute resolution is to find mutual agreement between the parties regarding the subject-matter of the dispute. Therefore, a legally binding decision in an out-of-court settlement cannot be issued against the will of one of the parties.

If the User as a consumer within the meaning of the provisions of Section 419 of the Civil Code has submitted a complaint to MPLA in accordance with these Terms and Conditions concerning the Payment Service, e.g., in the case of an erroneous payment transaction or payment transaction not executed, or has sought other remedies from MPLA without success, the User has the right to refer the complaint to the Financial Arbitrator appointed to resolve disputes between payment service providers and their Users pursuant to Act No. 229/2002 Coll. on financial arbitrators, as amended. The motion to start proceedings before the Financial Arbitrator shall be submitted to the Office of the Financial Arbitrator, organisational unit of the state, Legerova 1581/69, 110 00 Prague 1. Any complaints regarding the Payment Service may also be addressed to the MPLA’s supervisory authority, which is the Czech National Bank, at Na Příkopě 28, 115 03 Prague 1, www.cnb.cz.

These Terms and Conditions are available upon request at the above address and in electronic form at https://www.mpla.io/vseobecne-obchodni-podminky/.

These Terms and Conditions shall come into force and effect on 1 November 2021.