Terms and conditions: Payzone app

Last updated: September 2024

By paying for parking or establishing a parking account with Payzone, you agree to be bound by the terms and conditions contained in this agreement and the website privacy policy Please read this agreement carefully. This document relates to areas of Payzone’s parking service, including parking through the Payzone website, Payzone app (formally known as parking tag), SMS and IVR.

 

1. Definitions 
 

(!) 'Automatic top-up' means the amount automatically credited to the account in advance of parking transactions and used to pay fees and account maintenance charges. The automatic top-up amount is the amount chosen by registered users to automatically top-up once their account reaches the low balance threshold chosen. See 'Low balance threshold' definition for more information;

(!) ‘Low balance threshold’ means the low balance level amount registered users choose in the account application form. When your account balance reaches this threshold, it will be replenished automatically by your automatic top-up amount;

'Account application form' means the application form to be completed by individuals that wish to open a Payzone parking account;

'Account maintenance charges' means the monthly administration fee of €0.99 incl. VAT per registered vehicle is payable to Payzone by registered users and may be adjusted by Payzone at any time on the giving of 10 days prior notice to registered users;

'Agreement' means these terms and conditions, and in the case of registered users together with the account application form, as may be amended and supplemented from time to time;

'App' means the Payzone mobile application available on Android and iOS;

'Car park' means any of the car park zones indicated on the Payzone website. The list of compatible car park zones published on the Payzone website may be updated by Payzone from time to time;

'Car park fees' means the fees payable to Payzone in respect of the use of a car park which fees may be calculated by the amount of time spent in the car park. These fees may change from one car park to another or from one time of the day to another;

'Charge to mobile' means the payment option available to unregistered users that permits unregistered users to charge parking payment(s) to mobile phone, pre or post pay accounts;

'Customer service centre' means the dedicated Payzone contact centre, established to manage, resolve and respond to customer queries;

'Easytrip installation guide' means the installation manual provided by Easytrip in respect of the installation of their tag;

'External payment operator' means a tag service which may be made available to you by external operators, such as mobile phone and toll operators;

'Fees' means to the extent applicable in each case the parking fees and SMS fees;

'IVR' means phone technology that allows a computer to interact with humans through the use of voice and DTMF tones input through the keypad;

'Mandate' means a direct debit or other continuous authority mandate authorising the payment to Payzone of that amount specified by registered users in the account application form;

'Misuse' means a failure to act in accordance with parking bye-laws or in accordance with the rules of the parking facility and/or the provisions of this agreement including such other acts or omissions that Payzone may specify and notify to you from time to time. It also means failure to act in accordance with Clause 7.4;

'On and Off-Street parking bundle charges' means the monthly fee of €1.99 incl. VAT per registered tag payable to Payzone by registered users. This is inclusive of your account maintenance charges and may be adjusted by Payzone at any time on the giving of 10 days’ prior notice to registered users;

'Other payment methods', means in respect of fees and processing fees, payment made by means other than a Mandate including by credit card, debit card or Charge to Mobile;

'Parking bye-laws' means the bye-laws, at any time, made by a local authority in respect of any parking facility;

'Parking facility' means any parking zone, private car park accepting Payzone as a method of paying for parking fees, including a parking scheme or other service which may be used by you to park a vehicle;

'Parking fees' means the parking fees payable by you for the use of a parking facility;

'Parking scheme' means any parking service provided by a car parking operator accepting Payzone as a method of paying for parking fees;

'Payzone' means Payzone Ireland Limited and/or any of its subsidiaries and includes their assignees;

'Account' means a Payzone parking account maintained or held with Payzone;

'Parking transaction' means the payment of a parking fee by you to park in a parking facility for a defined time period;

'Parking zone' means the applicable area/street/road in respect of the use of which a parking fee is payable in order to park a vehicle and which must be selected by you to use the service;

'Pay and display meters' means the physical pay and display machines located on streets/roads or in car parks or zones where parking fees can be paid;

'Permitted user' means any person permitted by the Payzone customer to use the Payzone customer’s tag(s);

'Processing fee' means the fee charged to unregistered users to activate a parking transaction in addition to the parking fee;

'Registered user' means a person or entity who maintains or holds a Payzone parking account;

'Replacement tags' means a tag that is dispatched where the original tag is either faulty or the tag battery is end of life;

'Service' means the pre-payment service provided by Payzone that permits you to pay parking fees for a parking zone;

'Service centre agent' means an employee of Payzone who works in the customer service centre;

'SMS' means a communication service between you and Payzone, using standardised communications protocols allowing the interchange of short text messages between mobile telephone devices;

'SMS fees' means those fees specified in Clause 16 of this agreement;

'Statement' means a monthly account statement which can be accessed by registered users on the website stating: (i) fees plus account maintenance charges received by Payzone from registered users, (ii) the total number of parking transactions, and (iii) such other information as Payzone may deem appropriate from time to time.

'Tag' means any compatible device to be affixed to the Payzone customer’s vehicle pursuant to the Easytrip installation guide to facilitate the identification of the Payzone customer under the terms of the Payzone customer agreement in respect of the use of one or more of the services offered by Payzone to the Payzone customer;

'Tag holder' means a small device that sticks to the windscreen to hold the tag in place.

'Tag ID' means the identification number attributed to each tag delivered to the Payzone customer.

'Tag order cost' means the charge of €5.00 + VAT per tag order for postage and packaging payable to Payzone by registered users when you order an Easytrip tag. This may be adjusted by Payzone at any time on the giving of 10 days’ prior notice to registered users.

'Unregistered user' means a person or entity who uses the service from time to time without creating a Payzone parking account;

'website' means Payzone.ie

'you' means registered and unregistered users.  

 

1.1 In this agreement:

  • references to persons shall include bodies corporate and unincorporated, associations, partnerships and individuals;
  • references to statutes or statutory provisions or regulations include references to any orders or regulations made thereunder and references to any statute, statutory provision, orders or regulations made thereunder include that statute, statutory provision, order or regulation as amended, modified, re-enacted or replaced from time to time;
  • references to cent, euro or EUR shall mean the lawful currency for the time being of Ireland;
  • references to the masculine gender shall, unless the context otherwise requires, include the feminine gender and vice-versa;
  • references to any agreement (including this agreement), document or other instrument includes a reference to that agreement, document or instrument as amended, supplemented, substituted, novated or assigned;
  • any reference to Payzone (other than in relation to entitlement to receive payments) shall include persons acting on behalf of Payzone in connection with this agreement;
  • headings and sub-headings to clauses are for information only and shall not form part of the operative provisions of this agreement and shall be ignored in construing it; and
  • where a registered user or unregistered user consists of two or more persons all the respective covenants of this agreement shall be deemed to be given by such persons joint and severally.

 

2. Acceptance, collection of fees and charges

2.1 Payzone reserves the right to notify you of any update to the service by app, SMS or email. Payzone also reserves the right to include advertising material in respect of Payzone if it so wishes on such app alerts, emails and SMS.

 

2.2 registered users

In order to open an account, registered users shall complete an account application form on the website, or the app.

2.3 Payzone shall be entitled and registered users hereby authorise Payzone to deduct fees and account maintenance charges and other sums and charges due to it pursuant to the terms of this agreement, from the funds received from him/her from time to time, as the same shall be incurred. The charges which Payzone may deduct pursuant to this Clause 2.3 shall (without prejudice to the generality of the foregoing) include such charges as Payzone may notify to a registered user from time to time including but not limited to charges in connection with any misuse or the issue of additional statements or reports to a registered user.

As of October 1st 2022, the monthly maintenance charge will be €0.99 inclusive of VAT.

2.4 In advance of using the service, unregistered users shall select a method of payment for the service and provide payment details to Payzone. Unregistered users hereby authorise Payzone to debit the credit/debit card provided or in the case of Charge to Mobile to instruct the mobile phone operator to deduct fees together with the processing fees as specified by the unregistered user when using the service.

2.5 Unregistered users shall ensure that he/she has sufficient funds available on your credit card or debit card or mobile phone account, as the case may be, to enable payment of all amounts due to Payzone in order to use the service.

2.6  Payzone shall act as a collection agent on behalf of the operators of parking Facilities in relation to the collection of parking fees from you. Unless otherwise stated, this agreement is between Payzone and you.

2.7  In circumstances where a registered user has a parking account with Payzone through an external payment operator, Payzone shall be entitled to charge registered users fees plus account maintenance charges and other sums and charges due to it pursuant to the terms of this agreement, through external payment operators existing billing platforms.

The fees that Payzone may charge external payment operators under this Clause 2.7 shall (without prejudice to the generality of the foregoing) include any/all such charges as Payzone may notify from time to time in connection with misuse or the issue of additional statements or reports to registered users.

2.8. It is acknowledged that:

  • a registered user is responsible for ensuring that their account(s) is in credit and if the service, including the app, does not operate, for example, by reason of their account not being in credit, registered users will have to pay the parking fee in cash or by other payment methods when using the relevant parking facility;
  • if a registered user cancels or alters a Mandate, he/she shall within 24 hours notify Payzone of such cancellation or alteration;
  • Payzone may request registered users to adjust the top up paid by registered users in circumstances where parking fee’s are adjusted by the operator of a parking facility;
  • registered users are not entitled to interest on any sums actually received by Payzone pursuant to the terms of this agreement;
  • the parking fee payable by you in respect of the use of any parking facility may be adjusted from time to time by the operator of a parking facility and any such adjustments shall become immediately binding upon you;  
  • Payzone does not set parking fees. Parking fees are calculated by reference to the relevant legislation and applicable bye-laws or by operators of private car parks or external payment operators, as the case may be;
  • Payzone accepts no responsibility or liability for any increases to parking fees;
  • upon receipt by Payzone of a parking fee, that payment shall be the same as if the payment was made directly to the operator of the parking facility;
  • you are responsible for providing Payzone with the correct information at all times, including your name, email, vehicle registration number, mobile telephone number, and method of payment details;
  • you are responsible for ensuring that the parking zone indicated on the app, Online, on the SMS sent to Payzone or entered on the IVR is the correct parking zone and that you are purchasing a ticket for the parking zone or area where you wish to park;
  • you are responsible for ensuring that all information provided to Payzone in respect of the service is correct. Payzone does not accept responsibility for inaccurate information provided by you to Payzone;
  • it is the responsibility of registered users to ensure that where more than one vehicle is registered to an account that the correct vehicle is selected by registered users for the relevant parking transaction;
  • in the event you select an incorrect location or park a vehicle other than the vehicle registered for your account or that you enter an incorrect vehicle registration number to that parking transaction, you will be responsible for any penalty charge notice issued. you are responsible for ensuring that each parking transaction is confirmed;
  • Payzone does not accept any responsibility for loss or damage incurred by you or your property (including your vehicle) whilst using or on a parking facility;
  • Parking fees incurred using Payzone will be billed by external payment operators to their customers;
  • So long as a registered user has an account, a statement shall be available to the registered user on the website. On request by registered users, Payzone may also provide a statement to registered users by post or email. Unregistered users shall receive a receipt by email after every parking transaction;
  • Whilst Payzone makes every effort to ensure that fees are accurate, you accept that miscalculations in an account balance may occur. In such circumstances, Payzone maintains the right to make adjustments, without notice, where evidence can be provided that the adjustment is appropriate; and
  • in circumstances where a request for payment of a top up amount is rejected or Payzone is not credited with the amount when requested, the registered user shall discharge and be liable for any/all costs or charges incurred by Payzone in connection from that rejected payment.

2.9 Some mobile operators have implemented specific daily and monthly limits controlling the amount spent with any unique mobile, unregistered users are responsible to consider all such limitations when availing of the Charge to Mobile option.

2.10 If your card issuer participates in account updater i.e. Visa account updater or Mastercard Automatic Billing updater and provides expiration date updates directly to Payzone, those updates will be applied to your parking account. This is a feature which helps you avoid failed transactions due an expiry or a replacement of your card.
If your card issuer reissues the card that you have chosen to use for recurring payments, we will use the new card number for future payments.

 

3. Cancellation and account deletion 

In the case of a registered user who registers for a Payzone parking account on the website or on the app, such registered user may be entitled to exercise a statutory right of cancellation of the order.

There are three ways to delete your account and request the removal of your data from Payzone's database.
 

23.1.1 Contact form 

Use our online contact form here and include the following details:

  • Mobile number  
  • Vehicle registration
  • Last four digits of card on account  
  • Expiry date of card on account
  • Answer to your security question (if you are unsure of the question, you can request this in this mail) 
  • Request for your account to be closed. 

A member of our customer service team will then close your account and refund the balance on your account, if any.  

23.1.2 Email 

Send an email to parking@payzone.ie with the following details:  

  • Mobile number  
  • Vehicle registration 
  • Last four digits of card on account  
  • Expiry date of card on account 
  • Answer to your security question (if you are unsure of the question, you can request this in this mail) 
  • Request for your account to be closed.  

A member of our customer service team will then close your account and refund the balance on your account, if any.  

23.1.3 Post 

Download and complete this letter, or write your own, and include the following details:  

  • Account holder name 
  • Account holder address 
  • Account holder signature 
  • Request for your account to be closed. 

A member of our customer service team will be in contact with you upon receipt of this cancellation request. Here, we will confirm the account details to prove you are the account holder in order to complete the cancellation request. 

Send this letter to:
Payzone House
4 Fern Road
Sandyford Ind. Estate
Dublin 18
D18 PD83
 

4. Suspension

4.1 Payzone reserves the right to suspend an account or usage of the service for any breach of the terms of this agreement.

4.2 In circumstances where the balance on an account has fallen below the low balance level, Payzone will, using the payment details provided by the relevant registered user, and is hereby authorised by a registered user to automatically seek a further payment from that registered user to bring the account back to that registered user's Top-Up amount as chosen by the registered user in its account application form. In the event of a payment failure or any rejection of the payment and if a registered user chooses not to top up their account, Payzone may provide notice that a low balance level has been reached.

4.3 Payzone reserves the right to suspend, terminate or refuse to provide you with services for a valid reason, including but not limited to failing to pay fees, accountant maintenance charges and processing fees (as the case may be) or using an invalid payment method or credit/debit card details.

 

5.  Termination

5.1 The agreement or the right to use an account may be terminated at any time by notice from Payzone to a registered user:-

  • if having provided Payzone with a completed mandate, the registered user has cancelled or altered his/her mandate for whatever reason;
  • if 14 days or more (or such other reasonable term as Payzone may determine from time to time) have elapsed from the suspension of an account pursuant to Clause 4 and the registered user has failed to ensure that the account holds at least the low balance level;
  • if the registered user has, in the opinion of Payzone, misused or failed to use the service correctly or allocated or made fraudulent or any other unauthorised or illegal use or other use not in accordance with this agreement;
  • where a petition for bankruptcy is filed against the registered user, or the registered user goes bankrupt or is otherwise unable to pay their debts as they fall due or, as appropriate, an encumbrancer lawfully takes possession (and does not relinquish possession within 30 days) or an examiner or receiver or liquidator is validly appointed in respect of the assets of the registered user or an examinership order is made in respect of the registered user or an order or an effective resolution is passed for the winding-up of the registered user;
  • if the registered user is in breach of any of the terms of this agreement and if such breach is incapable of remedy or, if capable of remedy, such default continues unremedied for 10 days after notice thereof has been given by Payzone to the registered user.

5.2 The agreement or the right to use a Payzone parking account may be terminated at any time by notice from Payzone to the registered user or the registered user to Payzone, providing one week’s written notice of an intention to terminate.

5.3 Payzone reserves the right to block unregistered users from using the service.

5.4 Unless a third party agrees with Payzone to take an assignment or otherwise accept the benefit and burden of Payzone in this agreement, the agreement will automatically terminate when all contracts entered into by Payzone which entitle you to use or have access to parking Facilities come to an end and are not renewed. In any event Payzone shall notify you  before or upon the happening of the relevant event.

5.5 Upon receipt of a notice of termination:- in circumstances where Payzone holds funds in respect of an account to the credit of a registered user, Payzone shall thereafter send a cheque or make a card refund made payable to the registered user for the sum equivalent to the funds standing in credit on that account.

5.6 Any termination of this agreement pursuant to this Clause 5 shall be without prejudice to any other rights or remedies accrued to the parties hereto.

 

6. Communication

6.1 Where a party is required to send a notice to the other party pursuant to this agreement or otherwise wishes to communicate with the other party such notice or communication may be served, in the case of a notice from you to Payzone by email to parking@payzone.ie or, in the case of the registered user by posting by recorded delivery post or email (where an email address has been provided by you) to the address last notified to Payzone.

6.2 Any notice or other communication so served shall be deemed duly served forty-eight hours after delivery or at the time of transmission or sending depending upon whether it is sent by post or by email respectively.

6.3 If such notification is by telephone or in person it will only be effective if confirmed by notice served in accordance with this Clause 6 within 7 days.

6.4 Payzone may also notify you of changes to this agreement by publishing a notice of such changes on the website provided however that such changes shall not come into effect until at least 10 days after such publication or by contacting you through your email address.

 

7. Specific terms and conditions of off-street parking

7.1 Off-street Pay as you go subscription through QPark

The following terms and conditions apply only to customers who have signed up for the pay as you go subscription for off-Street parking service which we offer in partnership with QPark. Customers are opted into this service with their vehicle registration.

  • Each time a registration is used in a Q-Park car park, whether by the Payzone Customer or by anyone else, authorised or not, the fee is to be paid by the Payzone Customer. Should the vehicle registration fail to properly discharge the car park fees at the car park for any reason, the car park operator may request the Payzone Customer to discharge the car park fees by cash or credit card (or other means of payment).
  • Transaction fees are to be collected from the Payzone customer’s wallet balance. In cases where this is not attainable the debit or credit card stored on the user's account will then be debited. If this fails to collect, the user will be notified of their outstanding fees, which are payable through the customer’s account online at payzone.ie.
  • If a Payzone customer fails to pay a transaction fee, this shall be considered a black-list event.
  • On the occurrence of a black-list event, Payzone can manually deactivate and black-list the vehicle registration number. The Payzone customer is not entitled to use the off-street parking solution in Q-Park until the black-list event is remedied.
  • By opting in to use off-street parking services within Q-Park car parks as a Payzone customer, customers are agreeing to Q-Park’s general terms and conditions.
  • By opting a vehicle registration into QPark services, the registration number will be shared with QPark. This is in order to avail of the service.  
  • A surcharge fee of 35c per transaction will be applied to the total parking value which is debited from the Payzone customer account wallet.

The following terms and conditions apply only to customers who have signed up for the monthly subscription for off-Street parking service which we offer in partnership with Easytrip. Terms of the tags only apply to customers who have requested an Easytrip tag from Payzone.

7.2 Off-street monthly subscription through Easytrip

7.2.1 Supply and use of the tag

Where Payzone orders a tag for a Payzone customer, the Payzone customer will be deemed to have agreed to the terms and conditions of Payzone, the first time the Payzone customer uses the tag, and will thereafter be referred to as a Payzone customer.

 Easytrip will deliver the Payzone customer with the tag and the Payzone customer shall: 

  • Install and use the tag in the vehicle in accordance with the instructions detailed by Payzone and in accordance with their Payzone customer agreement; 
  • The customer shall only use the tag for the Vehicle(s) listed and assigned to each tag and in respect of which the tag was issued. 
  • Not transfer, sell, dispose of, damage or tamper with the tag or use the tag fraudulently or illegally. 
  • Exercise all possible care to ensure that the tag is not lost, stolen or misused; and 
  • Give Payzone all information in his/her possession regarding any loss, theft or misuse of the tag. Payzone shall immediately inform Easytrip and take all steps Easytrip deems necessary to assist the recovery of the tag.
  • The Payzone customer may allow a Permitted user to use the tag subject to the terms of this agreement which shall be brought to the attention of any Permitted user by the Payzone customer. The Payzone customer remains responsible for any use made of the tag by a Permitted user. The Payzone customer shall not do anything or permit anything to be done which may constitute a misuse of the tag. The use of the tag by the Payzone customer or any Permitted user is solely at the risk of the Payzone customer. Each tag is issued in respect of an individual vehicle. No tag may be moved to any other vehicle without first notifying Payzone and receiving their agreement to the movement of the tag.
  • The tag may serve only as a means of identification of the Payzone customer in Car-Parks to be conducted exclusively by Easytrip in accordance with the conditions applying generally to the use of Car-Parks. The Payzone customer acknowledges that for the tag to operate correctly, it must be installed in accordance with Payzone’s instructions included in the Easytrip installation guide and that the failure to properly install the tag will prevent it from operating properly. Payzone or Easytrip shall not be responsible for the Payzone customer’s failure to install the tag properly.

 

7.3. Replacement of defective tags

7.3.1 The Payzone customer shall be responsible for notifying Payzone of a malfunctioning or defective tag. Payzone shall notify Easytrip of a malfunctioning or defective tag. The Payzone customer shall send it to Easytrip, EA House, Damastown, Mulhuddart, Dublin 15 by post using the free postcode provided by Payzone with receipt of acknowledgment. Easytrip will acknowledge the receipt of the tag by sending a new one by post to the address of the Payzone customer as indicated by Payzone. A malfunctioning or defective tag that, in the opinion of Easytrip, is defective for reasons other than misuse by the Payzone customer shall be replaced at no cost to the Payzone customer.

7.3.2 To the extent required by Easytrip, a tag may be tested at Easytrip’s office to determine if it is functioning properly.

 

7.4. Notification of damaged/lost/stolen tags/request for tag holders

7.4.1 In the event that a tag is damaged, lost or stolen the Payzone customer must immediately notify Payzone by telephone by calling Payzone call centre on +3530818300161, or email parking@payzone.ie (lines open during office hours). Until Payzone receives such confirmed notification, the Payzone customer will remain liable for any use of the tag. After Payzone receives such confirmed notification, the Payzone customer’s liability for any subsequent misuse of the tag will cease. Payzone will notify Easytrip of a damaged/lost/stolen tag in accordance with the procedures set out in sub clause 7.3.1 and Easytrip will replace the tag, subject to the conditions set out in sub clause 7.3.1. For the avoidance of doubt, Payzone will remain fully liable to the Payzone customer until such notification has been made by Payzone to Easytrip.

7.4.2 If the tag previously notified as lost or stolen pursuant to sub clause 7.4.1 is retrieved, the tag must be returned to Easytrip, EA House, Damastown Industrial Park, Mulhuddart, Dublin 15 in accordance with the procedures set out in Clause 7.3.1.

7.4.3 In the event where a customer changes vehicle and needs a new tag holder to hold their original tag, the Payzone customer must notify Payzone by telephone by calling Payzone call centre on 0818 300 161, or email parking@payzone.ie (lines open during office hours).

 

7.5. Misuse of tag

7.5.1 In the event that Payzone is of the opinion that a tag is or has been subject to misuse, Payzone will be entitled to deactivate the tag. Payzone shall not be liable to the Payzone customer for any deactivation of the tag due to any actual or reasonably suspected misuse of the tag.

 

7.6. Payments

7.6.1 Each time a tag is used in a Car-Park, whether by the Payzone customer or by anyone else, authorised or not, the fee is to be paid by the Payzone customer. Should the tag fail to properly discharge the Car-Park fees at the Car-Park for any reason, the Car-Park operator may request the Payzone customer to discharge the Car-Park fees by cash or credit card (or other means of payment).

7.6.2 Payzone must be notified of any dispute(s) of transaction fees appearing on a Payzone customer account immediately but no later than sixty (60) days of the charge being applied to the Payzone customer account. All disputes are subject to a review and approval by the respective Car-Park operator and Payzone may require additional documentation or evidence from the Payzone customer.

 

7.7. Cancellation of account by a member being a consumer

7.7.1 Where a Payzone customer is a Consumer, he or she is entitled to exercise a statutory right of cancellation as per sub clause 7.4. Where the right of cancellation applies and is exercised by the Payzone customer, the Payzone customer will return the tag Easytrip by post within ten (10) days in its original packaging to Easytrip, EA House,Damastown Industrial Park, Mulhuddart, Dublin 15. customers can avail of a free post code for this return by calling the Payzone call centre on 0818 300 161, or email parking@payzone.ie (lines open during office hours).

Where the tag is used within the ten (10) day period, the Payzone customer shall not be entitled to exercise his/her right to cancel the agreement.

 

7.8. Return of tags

7.8.1 The Payzone customer agrees to return the tags to Easytrip by post; to Easytrip, EA House, Damastown Industrial Park, Mulhuddart, Dublin 15. customers can avail of a free post code for this return by calling the Payzone call centre on 0818 300 161, or email parking@payzone.ie (lines open during office hours). If the Payzone customer is continuing to avail of other services which require a tag, then the Payzone customer does not need to return the tag to Easytrip. The Payzone customer is required to return the tag:-

(a) upon request by Payzone if Payzone notifies the Payzone customer that it intends to replace a tag;

(b) where a tag is notified as defective or damaged or it is found following a notification that it was lost or stolen pursuant to sub clause 7.3 and/or sub clause 7.4;

(c) the Payzone customer being a Consumer has exercised their right of cancellation pursuant to clause 7.6.

 

7.9. Compliance

7.9.1 The Payzone customer shall comply with any instruction for the use of the tag issued by Payzone from time to time pursuant to their Payzone customer agreement and with all applicable laws including, without prejudice to the generality of the foregoing, any bye-laws or regulations created thereunder.

 

7.10. Liability

This clause sets out Payzone’s liability to the Payzone customer under the agreement.

7.10.1 To the maximum extent permitted by law, any and all liabilities of Payzone or Easytrip (whether under contract, tort (including negligence) or otherwise) arising out of or in connection with a tag (including without limitation, the tag failing to function, deactivated or the misuse of the tag) are hereby excluded.

7.10.2 Neither Payzone or nor Easytrip will have any obligation or liability with respect to the Payzone customers use or the performance of the tag. The Payzone customers' sole and exclusive remedy from Payzone and Easytrip will be the replacement of any defective hired tag(s) free of charge for the Payzone customer and the replacement of a damaged, stolen or lost tag at the charge (see schedule of charges here pursuant to sub clause 7.3 and 7.4 of this agreement.

7.10.3 Payzone or Easytrip shall not be liable to the Payzone customer for any loss of profits, goodwill, business opportunity or any type of special, indirect or consequential loss incurred by the Payzone customer, whether directly or indirectly.

 

8. Specific terms and conditions of Bike rental

By agreeing to these terms and conditions, you agree to be bound by the terms of use for Bleeper's Public Bike rental through the Payzone application. 

8.1. Bike usage charges:

  • You must have a minimum of €5.00 credit on your Payzone wallet to be able to unlock a bike.
  • Fees (unlock fee, per minute fee and pause/pitstop), are in line with Bleeper’s tariffs. These are not determined by Payzone. 
  • In the event that a payment cannot be deducted from the wallet balance, you will be charged on your stored card.

8.2 Hiring and returning bikes

  • You may unlock a bike by scanning the QR code on the lock of the bike.
  • Bikes must not be parked in areas outside of the designated map, displayed within the Payzone app, as determined by Bleeper.
  • Bikes must be locked in a secure and valid location.
  • At the end of a journey, a photo is required to confirm the location and that the bike has been locked. This image will be taken within the Payzone app. 
     

9. Customer service

9.1 If you have any problems with our website or services, or if you would simply like further information, please contact our customer service department and we'll do everything we can to help. 
 You can contact us here, or by email on parking@payzone.ie or you can call us on 01 207 6000. 
 
Alternatively, you can write to us at  
Payzone Ireland,  
4 Heather Road,  
Sandyford Industrial Estate,  
Dublin 18 

9.2 Online dispute resolution - If we enter into a contract with you and/or you become a customer by electronic means (such as by our website or mobile application) then, in addition to any rights of redress you may have through the Legal Ombudsman, you may be entitled to use an EU online dispute resolution platform to assist with any complaint or dispute you may have about our services. This online platform can be found at https://ec.europa.eu/consumers/odr/main/index.cfm  

 

10. Changes to terms and conditions

The terms and conditions of this agreement may be changed, altered or supplemented by Payzone at any time and any such changes will be notified (in accordance with Clause 6.4) to the registered user prior to coming into effect.

 

11. Assignment

Payzone shall be entitled to assign, transfer, charge or otherwise deal with the Payzone parking account or the rights, benefits and burdens hereunder. The registered user shall not be entitled to transfer, charge or otherwise deal with the account.

 

12. Data protection

12.1 The account application form includes a data protection notice (or in the case of an application on the website or the app, a privacy policy). Unless registered users have provided consent on the account application form and with the exception of any disclosure made by Payzone to a relevant parking Facilities operator in connection with any parking facility and subject as hereinafter mentioned, Payzone shall not be entitled to disclose any information concerning you to any person other than to any person that assumes Payzone duties, rights and liabilities, hereunder.

12.2 Any information given by you in relation to any loss, theft or misuse may be passed on to the relevant authorities together with any other information Payzone considers relevant to the operation of a parking scheme.

12.3 Details of your parking transaction and recent parking history may be shared with parking operators for the purposes of assessing existence of a valid ticket or for support purposes.

12.4 Where you wish to avail of off-street parking, Payzone would need to share some of your personal information with Easytrip to meet our obligations to you. It will be necessary to provide your vehicle registration number and tag number with Easytrip. In the instance where you order a tag through Payzone, we will need to share some personal information i.e. name, address, and vehicle registration number with Easytrip for tag fulfilment. Easytrip have an address of EA House, Damastown Industrial Park, Mulhuddart, Dublin. Contact EasyTrip on 01 861 3200 or email info@easytrip.ie.

 

13. Liability

13.1 The following provisions set out Payzone's entire liability to you in respect of:

  • any breach of its contractual obligations arising under this agreement; and
  • any representation, statement, act of tort, act or omission including negligence arising under or in connection with this agreement; and
  • the use of the service by you.

13.2 Payzone shall not accept liability to you in respect of direct damage to the tangible property belonging to you resulting from the use of the service or a parking facility. Under no circumstances will Payzone be responsible for or accept liability of any kind arising from misuse. This does not affect your statutory rights.

13.3 Payzone shall have no responsibility to you in respect of any penalty (of whatsoever nature) incurred by you whilst using a parking facility including but not limited to fixed penalty notices and clamping.

13.4 To the maximum extent permitted by law, any and all liabilities of Payzone (whether under contract, tort (including negligence) or otherwise) arising out of or in connection with the service (including any and all penalties received by you in respect of parking) are hereby excluded.

13.5 Payzone shall not be liable to you in respect of any loss of profits, goodwill or any type of special, indirect or consequential loss howsoever caused (including, loss or damage suffered by you as a result of an action brought by a third party and/or operator of a parking facility).

13.5 Nothing in this Clause 11 shall confer any right or remedy upon you to which you would not otherwise be legally entitled.

13.6 Except as expressly stated herein, all conditions, warranties, representations and/or undertakings, express or implied, statutory or otherwise are excluded.

 

14. Waiver

14.1 No omission or delay on the part of Payzone in exercising any of its rights, powers or privileges hereunder shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof of any other right, power or privilege.

14.2 The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.

 

15. Entire terms and conditions

15.1 The terms and conditions set out herein together with:

constitute all the terms and conditions of this agreement.

15.2 you acknowledge that you have not relied upon any representation save for any set out in this agreement.

 

16. Governing Law

The interpretation of this agreement shall be governed by Irish law and you irrevocably submit to the exclusive jurisdiction of the Irish courts.

 

17. Severability

Each of the provisions contained in this agreement shall be severable and distinct from each other and if one or more of such provisions is adjudged by any court of competent jurisdiction to be void or unenforceable, the validity, legality and enforceability of the remaining provisions hereof and of that provision in any other jurisdictions shall not in any way be affected or impaired thereby.

 

18. Service unavailability

If Payzone experiences any interruption which temporarily prohibits you from accessing the service and/or the app it remains the responsibility of the registered user or unregistered user (as the case may be) to pay for parking using existing pay and display meters. Payzone is not responsible for any technical failures including but not limited to loss of signal to a mobile device.

 

19. SMS services

19.1 SMS reminders are provided as a reminder to you that a parking transaction is due to expire. It is the your responsibility to ensure that you have sufficient parking time paid for in the parking facility. SMS reminders are charged at the rate of EUR 20c each (or such other amount as may be determined by Payzone from time to time and notified to you).

19.2 If you are availing of the SMS service, you must ensure to follow the correct steps outlined in the frequently asked questions contained on the app or website. Failure to follow the correct steps may result in a standard fixed penalty notice or the vehicle may be clamped. Payzone accepts no responsibility for failure to follow the correct steps or for failure to input correct details.  

19.3 Payzone reserve the right to charge a registered user or unregistered user for any undelivered SMS or, in the case of SMS reminders, SMS delivered after the parking transaction expires.

19.4 Standard network charges apply for SMS sent by you to Payzone. Payzone may apply an additional SMS service fee. Any additional SMS service fee will be notified to you by publishing a notice regarding same on the website and any additional fees shall not come into effect until at least 10 days after such publication.

19.5 SMS Receipts/Reminders: If the SMS cannot be delivered to the recipient’s phone, it is queued by the cellular service for later retry. When it is retried, how often, and for how long, all depend on the cellular service i.e. your mobile network. In circumstances where the recipient loses signal only for a few seconds, that could cause an SMS to be undeliverable and queued, and not delivered until some unspecified time in the future. Therefore, you are responsible for ensuring that the vehicle is legally parked. If you are in doubt you may call 01 244 9999 to verify if there is a valid parking ticket for a vehicle.

19.6 SMS are not always guaranteed to be delivered: SMS is a 'store and forward' technology that depends on various cellular carriers and their networks. As such, individual messages are not guaranteed to arrive at their destinations and can also be delayed.

19.7 Registered users using the service by SMS and unregistered users availing of the Charge to Mobile option will automatically receive an SMS reminder charged at EUR 20c.

 

20. Dormant accounts

When a Payzone parking account has been inactive for a continuous period of 24 months, that account will be deemed to be dormant. Any remaining funds will be removed from the account and, if applicable, the account will be cancelled.

 

21. Refunds

Payzone reserves the right to refuse a refund on any fees, account maintenance charges and/or processing fees.

 

22. Force majeure

If the use of the service or any parking facility is prevented or hindered by any matter beyond the control of Payzone including but not limited to acts of god, acts of government, strikes, lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, flooding, drought, riots, civil commotions, acts of war, malicious mischief or theft then the performance of the agreement shall be suspended without any liability on the part of Payzone until such prevention or hindrance comes to an end.

 

23. Use of mobile phones

Please note that operating a mobile phone or any other device while driving can be dangerous and we advise you not to use this service while operating a vehicle. you agree to indemnify and hold harmless from any or all liability whatsoever for any harm, loss or injury related to use of this service or the account while operating any kind of vehicle.

 

General terms and conditions

 

Payzone terms and conditions