APARCA-YA GENERAL TERMS AND CONDITIONS OF CONTRACTING AND SERVICE - APARCA-YA

Index
1. Identification of the Service Provider
2. Applicable Legal Framework
3. Nature of the Service: Exclusive Valet Parking
4. Booking, Information Provided and Contractual Acceptance
5. Mandatory Minimum 20-Minute Notice and Airport Express Parking
6. Meeting Point, Operational Changes and High Occupancy
7. General Obligations of the Customer
8. Mandatory Handover of Keys and Attached Keyrings
9. Express Authorisation to Drive, Move and Use Reasonable Operational Mileage
10. Authorisation for Courtesy Wash Whenever APARCA-YA Considers It Necessary
11. Digital Inspection, Photographic Evidence and Condition Not Reasonably Verifiable
12. AirTags, GPS, Manufacturer Applications and Trackers
13. Luxury, Electric, Hybrid, Sports or Special-System Vehicles
14. Battery, Starting, Boosters, Jump Leads and Electrical Systems
15. Insurance, Vehicle Circulation and Road Accidents
16. Deductibles/Excesses, Policy Limits and Uncovered Costs
17. Vehicle Not Fit for Road Use or with Hidden Defects
18. Specific Exclusions of Liability
19. Personal Belongings, Vehicle Interior and Documentation
20. Third-Party Work, External Services and Estimates
21. Collection by Third Parties, Professional Use and Memberships
22. Extensions of Stay, Flight Changes and Surcharges
23. Cancellations, No-Show and Refunds
24. Delivery, Return and Presumption of Acceptance
25. Claims: Form, Deadline and Evidence
26. Fraudulent Claims, False Accusations and Reputational Pressure
27. Right of Retention for Non-Payment
28. Abandoned or Uncollected Vehicle
29. Economic Limit of Liability and Exclusion of Indirect Losses
30. Customers Inside Facilities and Driving by the Customer
31. Customer Conduct and Right of Admission
32. Force Majeure and Causes Beyond Control
33. Personal Data Protection
34. Applicable Law, Consumer Rights and Jurisdiction
35. Express Acceptance for Website, Booking and Digital Signature

1. Identification of the Service Provider

APARCA-YA is the trading name under which the valet parking, vehicle collection, custody, parking and return service is provided in the area of Alicante-Elche Miguel Hernandez Airport (ALC), in the province of Alicante.
Professional service holder: Shahroz Shahbaz Tabbsum, NIF/NIE 60987103G, with professional address at Partida Torrellano Alto, Parcela 5, 03320 Torrellano, Alicante, Spain.
Operational contact and customer support: telephone +34 621 423 555 and email info@aparcaya.com, unless another official contact channel is stated in the booking.
These General Terms and Conditions apply to all bookings made directly, by telephone, by digital means, through the website, by WhatsApp, through comparison platforms, agencies, intermediaries, partners or any other authorised channel.

2. Applicable Legal Framework
These Terms and Conditions are governed by the laws of Spain and, in particular, by Law 40/2002 of 14 November regulating vehicle parking contracts; the Spanish Civil Code; mandatory consumer protection regulations where applicable; the applicable rules on electronic contracting; and personal data protection legislation.
The Customer acknowledges that the service provided by APARCA-YA is an airport valet parking service which necessarily requires the handover of keys, the movement of the vehicle, its custody and its operational reorganisation.
Acceptance of the booking, physical or digital signature, payment, handover of keys, delivery of the vehicle or effective use of the service shall constitute the Customer’s express, full and unconditional acceptance of these General Terms and Conditions.
In the event of any conflict between printed terms, old documents, commercial messages, tickets, forms, intermediaries or external platforms, the updated version published or provided by APARCA-YA at the time of contracting shall prevail, unless otherwise expressly agreed in writing and signed by the Company.

3. Nature of the Service: Exclusive Valet Parking
APARCA-YA provides an exclusive valet parking / meet & greet service. It does not provide a shuttle, minibus or collective passenger transfer service, unless expressly stated in a separate future contract.
The service consists of the collection of the vehicle by authorised personnel at the designated point at Alicante-Elche Airport, its driving to APARCA-YA’s own operational facilities or authorised partner facilities within the province of Alicante, its custody during the contracted period and its subsequent return to the Customer at the point indicated by the Company.
The service may be offered in modalities such as uncovered valet, covered valet or premium covered valet. The contracted modality determines the level of custody or parking, but does not guarantee a specific, fixed, individual or permanent parking space unless expressly agreed in writing.
For reasons of security, logistics, availability, occupancy, weather conditions, airport access or operational needs, APARCA-YA may reorganise, transfer or relocate the vehicle within facilities suitable for the contracted service.

4. Booking, Information Provided and Contractual Acceptance
The Customer must provide accurate and complete information: full name, telephone number, email address, registration number, vehicle make and model, date and time of arrival at the airport, date and time of return or landing, flight number where applicable, contracted modality and any additional information required to provide the service.
The booking price is calculated based on the information provided by the Customer. Any change to times, flights, dates, modality, duration, delivery point, return point or additional services may generate surcharges in accordance with the rates in force.
Booking confirmation evidences the contracting of the service, but does not guarantee a specific parking space or an exact and unalterable collection or return time, as performance depends on traffic, airport access, security, flights, operational volume and external causes.
APARCA-YA reserves the right to reject, cancel, modify or reorganise bookings due to availability, security, incorrect information, non-payment, inappropriate conduct by the Customer, a vehicle not fit for road use, force majeure, high occupancy or instructions from airport or security authorities.

5. Mandatory Minimum 20-Minute Notice and Airport Express Parking
The Customer must notify APARCA-YA at least twenty (20) minutes before arriving at the vehicle delivery point at the airport.
Likewise, for the return of the vehicle, the Customer must give at least twenty (20) minutes’ notice, following the instructions provided by APARCA-YA. Normally, the return notice must be given once the Customer has landed, is inside the terminal and is genuinely ready to receive the vehicle at the indicated point.
If the Customer fails to give the minimum notice, does not answer calls or messages, changes the time without notifying the Company, attends a different point, leaves the meeting point, is unjustifiably late or requests urgent delivery without sufficient operational margin, APARCA-YA may reorganise the delivery and apply surcharges for waiting time, travel, additional entry or extraordinary management.
Where the Customer’s failure to provide notice, delay or incorrect coordination requires the driver to enter, remain or wait in paid airport areas, including Airport Express Parking, short-stay areas, paid access points or operational car parks at Alicante-Elche Airport, the Customer shall bear in full such charges, tickets, fees, waiting surcharges and operational costs, which must be paid before final delivery of the vehicle.
APARCA-YA shall not be liable for missed flights, connections, reservations, meetings, taxi costs, VTC/private hire costs, hotels, tickets, penalties or indirect losses arising from the Customer’s lack of notice, airport congestion, traffic, police checks, access restrictions or causes beyond the Company’s control.

6. Meeting Point, Operational Changes and High Occupancy
The delivery and collection point shall be communicated by APARCA-YA in the booking confirmation, operational message or service instructions. The Customer is obliged to attend the indicated point and follow the instructions received.
APARCA-YA may temporarily change the meeting point, delivery area, access lane or coordination method for operational reasons, airport security, instructions from authorities, works, traffic restrictions, access saturation, extraordinary events or changes in airport regulations.
During periods of high demand, such as Easter, summer, Christmas, long weekends, public holidays, mass return operations, strikes, airport congestion, weather incidents or major concentrations of flights, collection and return times may be affected without automatically giving rise to compensation, except in cases of APARCA-YA’s proven gross negligence.
Times provided by APARCA-YA are reasonable estimates and do not constitute an absolute guarantee of an exact time. The Customer must allow sufficient margin for their flight.

7. General Obligations of the Customer
The Customer undertakes to deliver the vehicle in legal and mechanical condition suitable for road use, with a valid ITV or equivalent roadworthiness certificate for foreign vehicles, compulsory insurance in force, taxes and documentation in order, sufficient fuel, an operational battery and tyres in suitable condition.
The Customer must remove from the vehicle all personal items, non-fixed accessories, cash, jewellery, watches, electronic devices, unnecessary documentation, luggage, glasses, cards, additional keys, garage remotes, unreported tracking devices and any item of value.
The Customer must notify APARCA-YA in writing before delivery of any breakdown, warning light, known damage, battery fault, leak, driving limitation, starting issue, electronic lock, PIN, valet mode, special suspension, anti-theft system, limiter or technical particularity of the vehicle.
If the Customer is not the owner of the vehicle, the Customer declares that they are authorised to contract the service and hand over custody of the vehicle. Otherwise, any liability towards the owner shall lie exclusively with the Customer who contracted the service.

8. Mandatory Handover of Keys and Attached Keyrings
Handover of the vehicle key is mandatory for the provision of the valet service. APARCA-YA only requires the key necessary to open, start and drive the vehicle.
APARCA-YA shall not be liable for other keys, remotes, keyrings, AirTags, cards, trackers, house keys, office keys, garage remotes, access cards or accessories attached to the main keyring. If the Customer hands over additional keys or items, they do so under their sole responsibility.
APARCA-YA personnel may remove non-essential items from the keyring and place them inside the vehicle or in any operational location they consider appropriate, without assuming liability for such attached items.
Refusal to hand over the key when it is essential for the service may result in immediate cancellation of the booking, with no right to reimbursement of costs already incurred.
The Customer must have a second key or security code available in the event of loss, lockout, electronic fault or technical incident affecting the vehicle.

9. Express Authorisation to Drive, Move and Use Reasonable Operational Mileage
By handing over the vehicle and keys, the Customer expressly authorises APARCA-YA and its authorised personnel to drive, start, move, manoeuvre, park, relocate, reorganise and transfer the vehicle inside or outside operational facilities whenever necessary or convenient for the provision of the service.
This authorisation includes travel between the airport and the facilities, internal movements, reorganisation during high occupancy, transfer to covered or uncovered areas in accordance with the contracted service, preparation for return, essential refuelling, access to a courtesy wash, battery charging or jump-starting, basic inspections and any other reasonable manoeuvre required by valet operations.
The Customer accepts that the vehicle may cover reasonable mileage arising from such movements and that such mileage shall not constitute unauthorised use or breach of contract.
APARCA-YA may assign different authorised drivers during the service without requiring individual authorisation from the Customer, provided such drivers are authorised to drive and operate the service.

10. Authorisation for Courtesy Wash Whenever APARCA-YA Considers It Necessary
The Customer expressly authorises APARCA-YA to move, drive, start, reposition or transfer the vehicle whenever the Company reasonably considers that the vehicle requires an interior and/or exterior courtesy wash, minimum operational cleaning, removal of dust, mud or dirt, preparation for return, hygiene, visibility or basic preservation.
APARCA-YA may, at its sole operational discretion, carry out an exterior wash, basic cleaning, vacuuming, dirt removal, preparation for delivery, transfer to cleaning areas, bays, vacuuming areas or authorised partner facilities.
The courtesy wash is an ancillary, free, non-essential, non-guaranteed service subject to availability, length of stay, weather, occupancy, operational safety and staff capacity. Failure to provide a courtesy wash shall not entitle the Customer to any discount, refund or compensation.
APARCA-YA shall not be liable for pre-existing micro-scratches, marks concealed by dirt, defects visible only after cleaning, weakened clear coat, repainted parts, deteriorated stickers, weakened trims, loss of gloss due to prior condition, paint differences, iron contamination, old stains, resin or limescale residue, or aesthetic defects revealed after washing.
Cleaning may reveal pre-existing damage without this implying any liability on the part of APARCA-YA. If the Customer does not wish the vehicle to be washed or moved for that purpose, they must expressly notify APARCA-YA in writing before handing over the vehicle.

11. Digital Inspection, Photographic Evidence and Condition Not Reasonably Verifiable
APARCA-YA may carry out a digital inspection of the vehicle by means of photographs, videos, notes, forms, digital signature, mileage, fuel level, exterior condition and visible observations at the time of receipt.
The photographic, video and digital record made by APARCA-YA shall be considered preferential documentary evidence in the event of any discrepancy, claim, mediation, consumer procedure, insurance assessment, chargeback or court proceedings.
The Customer declares that they have visually inspected the vehicle at handover and confirms that the existing visible damage has been correctly recorded or that they have had a reasonable opportunity to raise disagreement.
Where the vehicle is handed over dirty, wet, muddy, dusty, in poor light, in rain, with reflections, with limited visibility, parked in a traffic area, in night-time conditions or under any circumstance that hinders proper inspection, APARCA-YA may record the vehicle as “condition not fully or reasonably verifiable”. In such cases, subsequent claims for minor damage, micro-scratches, marks, light dents or defects not detectable during the initial inspection shall not be accepted.
Photographs provided unilaterally by the Customer after the event, under different lighting, after washing, with different dirt, in another location or at another time, shall not automatically prevail over APARCA-YA’s digital record, unless supported by sufficient objective, expert or documentary evidence.

12. AirTags, GPS, Manufacturer Applications and Trackers
The Customer acknowledges and accepts that the vehicle may change operational location, move between authorised facilities, cleaning areas, reorganisation areas, covered spaces, uncovered spaces or internal custody points during the normal provision of the service.
Detection of movements through an AirTag, GPS, trackers, manufacturer applications, telematics, Audi, BMW, Tesla, Mercedes, Porsche, Volkswagen, Volvo or similar systems shall not in itself constitute evidence of unauthorised use, breach of contract, unauthorised driving or negligence.
APARCA-YA does not guarantee exact correspondence between the location shown by external devices and the real operational location of the vehicle, as such devices may suffer delays, accuracy errors, interference, signal loss, stored data or inaccurate interpretations.
Any claim based on geolocation must be accompanied by complete objective evidence, traceability and sufficient technical substantiation.

13. Luxury, Electric, Hybrid, Sports or Special-System Vehicles
High-end, sports, electric, hybrid, modified, classic, collector, high-value or specially configured vehicles may require specific instructions from the Customer.
The Customer must inform APARCA-YA in advance of valet mode, driving PIN, digital key, limiters, anti-theft lock, body-lift system, air suspension, sport/track modes, charging systems, sensitive alarms, automatic braking, special automatic gearboxes, transport modes, steering lock, remote control through an app or any relevant particularity.
Omission of relevant technical information shall release APARCA-YA from liability for incidents arising from such lack of information.
APARCA-YA may refuse to handle or drive vehicles where, due to their characteristics, breakdown, value, condition or insufficient instructions, it is not reasonably safe to provide the service.

14. Battery, Starting, Boosters, Jump Leads and Electrical Systems
APARCA-YA may start the vehicle, charge the battery, use jump starters, boosters or jump leads, or carry out reasonable battery recovery manoeuvres whenever it considers this necessary for proper operation, preservation, transfer or return of the vehicle.
The Customer expressly accepts such intervention, unless they have notified APARCA-YA in writing before handover that they do not authorise the use of jump leads, boosters or external starting systems.
APARCA-YA shall not be liable for subsequent breakdowns, control unit faults, electronic errors, degraded batteries, age-related damage, internal vehicle faults, alarms, immobilisers, screens, sensors, ADAS systems, remote controls, GPS, electronic keys or electrical systems where there is no objective evidence of a direct causal link with negligent action by APARCA-YA.
Battery discharge is a common incident in parked vehicles, particularly due to internal consumption, alarms, trackers, connected systems, remote applications, temperatures, age or prior battery condition.

15. Insurance, Vehicle Circulation and Road Accidents
While the vehicle remains under custody at operational facilities, it shall be covered under the terms and limits of the insurance policies applicable to APARCA-YA’s activity, without prejudice to exclusions, deductibles/excesses, limits, policy conditions and assessment by the insurer.
When authorised personnel drive the vehicle outside operational facilities in execution of the contracted service, the Customer acknowledges that the vehicle circulates with the legally mandatory insurance associated with the vehicle itself as the primary road insurance, without prejudice to any liability that may legally correspond to APARCA-YA in the event of proven negligence by its personnel.
APARCA-YA shall only be liable for accidents, damage or claims where negligence, fault or direct responsibility of the Company or its authorised personnel is duly proven, and always within the applicable legal and insurance limits.
APARCA-YA shall not be liable for damage arising from responsible third parties, accidents caused by other vehicles, mechanical defects, insufficient maintenance, tyres in poor condition, faulty brakes, hidden breakdowns, steering failure, suspension defects, oil leaks, ignored critical warning lights, absence of insurance, expired ITV/roadworthiness certificate or any circumstance attributable to the condition of the vehicle.
APARCA-YA shall not be liable for future increases in the Customer’s insurance premium, policy penalties, loss of no-claims bonuses, the Customer’s insurance deductibles/excesses, subjective loss of value or indirect losses arising from an accident.

16. Deductibles/Excesses, Policy Limits and Uncovered Costs
Where an incident must be processed through an insurance policy and an applicable deductible/excess exists, the Customer shall bear the uncovered part when the damage arises wholly or partly from pre-existing defects, insufficient maintenance, omission of relevant information, negligence of the owner, lack of documentation, the vehicle not being fit for road use or circumstances not exclusively attributable to APARCA-YA.
Coverage of any damage shall be subject to assessment, insurer acceptance, policy terms, exclusions, deductibles/excesses and maximum indemnity limits.
APARCA-YA shall not assume costs not previously authorised in writing, repairs ordered unilaterally by the Customer, estimates without assessment, unapproved works, invoices issued without prior consent or damage whose causal link is not proven.

17. Vehicle Not Fit for Road Use or with Hidden Defects
APARCA-YA may refuse the service, suspend it, limit it or require additional instructions where the vehicle is not fit for road use or shows signs of breakdown, insecurity or insufficient maintenance.
Relevant indications shall include, among others: worn tyres, defective brakes, battery in poor condition, defective steering, damaged suspension, fluid leaks, critical warning lights, structural impacts, unstable engine, gearbox fault, worn clutch, critical sensors, lack of ITV/roadworthiness certificate or insurance, irregular documentation or incompatible dimensions.
If a vehicle not fit for road use causes damage, an accident, delay, towing cost, assistance, penalty or incident, the Customer shall be fully liable for the consequences.
APARCA-YA shall not assume liability for breakdowns or mechanical or electrical faults arising during or after the service where there is no objective evidence that they were caused directly and exclusively by negligent action by APARCA-YA.

18. Specific Exclusions of Liability
APARCA-YA shall not be liable for damage or incidents caused by wear and tear, ordinary use, age, internal defects, mechanical breakdowns, electrical faults, battery discharge, punctures, gradual loss of pressure, tyre damage, weakened rims, windscreen/glass impacts, roof, underbody, skirts, gravel, stones, mud, dust, salt, rain, hail, wind, flooding, natural phenomena, animals, birds, rodents, insects or external causes.
No liability shall be accepted for damage that does not appear, is not clearly visible or is not verifiable in photographs, videos or digital records made by APARCA-YA, unless sufficient objective evidence exists.
APARCA-YA does not carry out a mechanical, technical, underbody, full interior, engine, microscopic glass, internal tyre, electronics, control unit or hidden systems inspection. Receipt of the vehicle does not imply technical certification or acceptance of its internal mechanical condition.
No liability shall be assumed for damage or loss of non-fixed accessories, detachable parts, hubcaps, antennas, trims, mats, chargers, cables, air fresheners, child seats, holders, cameras, external devices, documents, personal belongings or goods not declared and expressly accepted in writing.

19. Personal Belongings, Vehicle Interior and Documentation
The Customer is obliged to remove all personal belongings and non-fixed accessories before handing over the vehicle.
APARCA-YA shall not be liable for loss, theft, damage or deterioration of cash, jewellery, watches, phones, tablets, computers, glasses, clothing, bags, luggage, documents, cards, keys, electronic devices, valuables, tools, goods or any item left inside the vehicle.
APARCA-YA does not carry out an interior inventory or exhaustive cabin inspection. If the Customer wishes to leave vehicle documentation inside the vehicle, they do so under their own responsibility. Any lack of legal documentation, insurance or ITV/roadworthiness certificate shall be the sole responsibility of the Customer.
If the vehicle requires documentation to circulate and the Customer does not provide it, APARCA-YA shall not be liable for penalties, costs, immobilisations or incidents arising therefrom.

20. Third-Party Work, External Services and Estimates
APARCA-YA may, at the Customer’s request or due to operational need, coordinate external services such as garage/workshop, mechanics, bodywork and paint, tyres, ITV/roadworthiness inspection, towing, detailing, specialised cleaning, EV charging or assistance.
Unless expressly stated otherwise in writing, APARCA-YA acts as a logistical intermediary or facilitator for such services, not as a technical provider of mechanics, bodywork, paint, tyres, ITV/roadworthiness inspection or repairs.
APARCA-YA shall not be liable for work carried out by third parties, workshop delays, estimates, diagnostics, repair defects, third-party warranties, damage caused by external providers or external technical decisions.
If the Customer requests an estimate or management of an additional service involving travel, inspection, contact with a workshop, mechanic, ITV centre, tow truck or administrative management, APARCA-YA may apply a management fee even if the Customer ultimately does not accept the estimate.

21. Collection by Third Parties, Professional Use and Memberships
The vehicle shall only be delivered to the booking holder, accredited owner or person expressly authorised in writing by the Customer, subject to reasonable identity verification.
If the Customer requests that a third party collects the vehicle, APARCA-YA may require written authorisation, copies of documentation, identification of the third party and may apply a management fee for preparation or extraordinary delivery.
Subscriptions, memberships, annual contracts or recurring services are understood to be for personal use of the vehicle by the holder, family members or persons authorised within the Customer’s environment, unless specifically agreed otherwise.
Memberships do not include professional use of the vehicle for rental, car sharing, commercial operational leasing, rental fleets, transport activity, systematic assignment to third parties or economic exploitation of the vehicle. If undeclared professional use is detected, APARCA-YA may apply additional rates, limit the contract or terminate it.
Bookings made with less than 24 hours’ notice under contracts or memberships may be subject to an urgent management and availability surcharge.

22. Extensions of Stay, Flight Changes and Surcharges
The Customer must communicate any extension of stay, flight change, date change, delay, early arrival or relevant modification as far in advance as possible and, in any event, before the scheduled return date.
Failure to notify may generate surcharges for additional days, extraordinary management, operational reorganisation, driver, Airport Express Parking, custody, waiting time, night-time service, public holiday or high occupancy.
Extra days, additional services, airport costs, waiting surcharges, third-party expenses and any outstanding amount must be paid before the vehicle is delivered.
APARCA-YA may require advance payment for extensions, memberships, high-occupancy bookings, premium services or bookings considered to carry operational risk.

23. Cancellations, No-Show and Refunds
Cancellations must be communicated in writing through an official APARCA-YA channel. The specific cancellation conditions may vary according to rate, platform, intermediary, promotion, modality and notice period.
APARCA-YA may apply management fees where cancellation occurs at short notice or where operational resources have already been allocated.
There shall be no automatic right to a refund in the event of no-show, arrival outside the scheduled time without notice, failure to follow instructions, refusal to hand over keys, false information, a vehicle not fit for road use, aggressive conduct, cancellation once the service has started or causes attributable to the Customer.
Where the booking has been made through intermediaries, agencies or external platforms, the cancellation, payment and refund policies of such intermediaries shall be their responsibility. APARCA-YA shall not be liable for commissions, fees, timeframes or refund policies of third parties.
Fixed-term contracts or memberships may establish specific cancellation conditions. In the absence of agreement, once the service has begun, the period used, costs incurred and any service provided shall be charged.

24. Delivery, Return and Presumption of Acceptance
The vehicle shall be returned at the point communicated by APARCA-YA, subject to availability, traffic, airport instructions and prior coordination.
The Customer must inspect the vehicle at the time of return and report any visible incident before leaving the delivery point.
Taking possession of the vehicle, signing acceptance, accepting the keys or leaving the delivery point shall constitute a presumption of proper receipt and acceptance of the visible condition of the vehicle, unless sufficient objective evidence to the contrary exists.
APARCA-YA shall not be liable for breakdowns, faults, damage or incidents reported after collection where there is no sufficient objective evidence of a direct causal link with negligent action by APARCA-YA.

25. Claims: Form, Deadline and Evidence
Any claim for visible damage must be reported at the time of return and before leaving the delivery point. Exceptionally, APARCA-YA may accept communications within the following 12 hours only if made in writing, with clear photographs, detailed description, registration number, booking reference, date and sufficient objective evidence.
Claims based solely on subjective statements such as “I think it was not there”, “it looks different to me”, “it appeared afterwards”, “I am sure it was not there before” or similar expressions shall not be accepted where they contradict the digital record or lack sufficient objective evidence.
Any claim outside the deadline shall be deemed extinguished for internal operational purposes, and proper delivery of the vehicle shall be presumed, without prejudice to any mandatory rights the consumer may legally have.
APARCA-YA may reject claims where the damage is not visible in photographs, is not verifiable, is located in an area not inspectable, derives from wear and tear, is incompatible with the operation, there was dirt or rain at handover, no causal link is proven or there are reasonable indications of pre-existence.
Processing a claim does not imply acknowledgement of liability. APARCA-YA reserves the right to request expert assessment, technical review, workshop report, verification of records and insurer assessment.

26. Fraudulent Claims, False Accusations and Reputational Pressure
APARCA-YA may reject any claim where there are indications of falsity, exaggeration, bad faith, contradiction with digital records, concealment of information, attempt to obtain undue compensation or unjustified commercial pressure.
The Company reserves the right to take legal action against false accusations, threats, coercion, attempted extortion, manifestly inaccurate reviews, coordinated campaigns, defamation, reputational threats or financial demands without objective basis.
The Customer’s legitimate right to make a claim shall always be respected; this clause is directed exclusively at abusive, false, intimidating or bad-faith conduct.

27. Right of Retention for Non-Payment
Pursuant to Law 40/2002 and other applicable regulations, APARCA-YA may exercise a right of retention over the vehicle as security for payment of amounts owed for parking, extensions, surcharges, Airport Express Parking, additional services, custody costs, authorised third-party work, damage, administrative expenses or any outstanding amount.
Refusal to pay shall entitle APARCA-YA to retain the vehicle until the debt is paid in full, and to pass on additional custody, management, debt recovery and legal costs where applicable.
The right of retention shall be exercised proportionately and in accordance with the law in force.

28. Abandoned or Uncollected Vehicle
If thirty (30) calendar days have elapsed from the scheduled collection date and the Customer has not collected the vehicle, does not respond to communications or does not regularise outstanding amounts, APARCA-YA may apply daily custody, administrative management, communication, preservation and any other related costs.
APARCA-YA may take the appropriate legal action, including debt recovery, notification to competent authorities, deposit, treatment as an abandoned vehicle where legally applicable and the exercise of rights recognised by applicable law.

29. Economic Limit of Liability and Exclusion of Indirect Losses
In no event shall APARCA-YA’s liability exceed the real proven value of the damage actually caused and duly demonstrated, within the applicable legal and policy limits.
Except where a final decision provides otherwise, the following are excluded: loss of profit, loss of use, loss of opportunity, missed flights, hotels, taxis, VTC/private hire vehicles, tickets, meetings, professional activity, moral damages, subjective depreciation, unassessed loss of commercial value, unauthorised expenses, hire of replacement vehicles, penalties or any indirect loss.
APARCA-YA shall not be obliged to provide a replacement vehicle, taxi, alternative transport, accommodation, commercial compensation or equivalent services, unless there is a mandatory legal obligation or final decision.

30. Customers Inside Facilities and Driving by the Customer
If for any reason the Customer drives their vehicle inside APARCA-YA’s operational facilities or partner areas, the Customer shall be liable for damage caused to other vehicles, persons, objects, barriers, facilities, doors, cameras, signage or car park elements.
The Customer must follow staff instructions at all times and drive with maximum caution.
APARCA-YA shall not be liable for damage caused by manoeuvres carried out by the Customer or by third parties authorised by the Customer.

31. Customer Conduct and Right of Admission
APARCA-YA maintains a zero-tolerance policy towards insults, threats, coercion, intimidation, assault, degrading treatment, abusive conduct, unjustified refusal to follow operational instructions or any behaviour that puts staff, customers, vehicles or facilities at risk.
The Company may cancel bookings, refuse future services, require advance payment, document incidents and take legal action where appropriate.
Cancellation due to serious misconduct by the Customer shall not automatically entitle the Customer to a refund of costs already incurred.

32. Force Majeure and Causes Beyond Control
APARCA-YA shall not be liable for non-performance, delays, changes, damage or costs arising from force majeure or causes beyond its reasonable control, including traffic, accidents, police checks, airport instructions, access closures, strikes, emergencies, weather events, security restrictions, external system failures, terminal congestion, massive flight delays, pandemics, disturbances or any extraordinary circumstance.
In such cases, APARCA-YA may reorganise schedules, meeting points, deliveries, collections, routes or operational conditions without this constituting breach of contract.

33. Personal Data Protection
APARCA-YA shall process the Customer’s personal data in accordance with the General Data Protection Regulation (GDPR), Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights and any other applicable regulations.
Controller: the professional holder of the APARCA-YA service. Purpose: management of bookings, provision of the service, invoicing, operational communications, customer support, security, management of claims and legal compliance. Legal basis: performance of a contract, legitimate interest and legal obligations.
Data may be disclosed to providers necessary for the provision of the service, insurers, advisers, booking platforms, competent authorities or third parties where there is a legal obligation or where necessary for the performance of the contract.
The Customer may exercise their rights of access, rectification, erasure, objection, restriction and portability by written communication to APARCA-YA’s official email address.
The facilities may have security cameras for surveillance, protection of assets, operational control and incident management purposes.

34. Applicable Law, Consumer Rights and Jurisdiction
These Terms and Conditions are governed by Spanish law. Where the Customer qualifies as a consumer, any mandatory rights legally applicable to them shall in all cases be respected.
For any dispute, the parties submit to the competent Courts and Tribunals in accordance with applicable regulations. In commercial relationships or where legally permitted, the parties submit to the Courts and Tribunals of Alicante.
APARCA-YA shall provide official complaint forms where legally required and shall handle complaints through the official channels indicated.

35. Express Acceptance for Website, Booking and Digital Signature
By ticking the acceptance box, signing digitally, handing over the keys, delivering the vehicle, making payment or using the service, the Customer expressly declares:
1. That they have read and understood these General Terms and Conditions.
2. That they accept the handover of keys and the operational movement of the vehicle.
3. That they authorise the reasonable movements required for valet parking, custody, reorganisation, Airport Express Parking where applicable, courtesy wash and return.
4. That they are aware of the obligation to give at least 20 minutes’ notice before delivery and return.
5. That they accept photographic and digital evidence as the main reference for the condition of the vehicle.
6. That they have removed personal belongings and non-fixed accessories.
7. That the vehicle has a valid ITV/roadworthiness certificate, insurance and is fit for road use.
8. That they are aware of the limits of liability and the claims procedure.